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Full text of "A compilation of all the treaties between the United States and the Indian tribes, now in force as laws"

Huntington Free Library 

Native American 
Collection 




CORNELL UNIVERSITY 
LIBRARY 



CORNELL UNIVERSITY LIBRARY 




3 1924 104 078 054 



"r; 




The original of tiiis book is in 
tine Cornell University Library. 

There are no known copyright restrictions in 
the United States on the use of the text. 



http://www.archive.org/details/cu31924104078054 



A. 



COMPILATION OF ALL THE TREATIES 



BETWEEN THE 



UNITED STATES AND THE INDIAN TRIBES 



NOW IN FORCE AS LAWS. 



PREPAKED UNDER THE PROVISIONS OF THE ACT OF CONGRESS, AP- 
PROVED MARCH 3, 1873, ENTITLED "AN ACT TO PROVIDE FOR THE 
PREPARATION AND PRESENTATION TO CONGRESS OF THE 
REVISION OF THE LAWS OF THE UNITED STATES, CON- 
SOLIDATING THE LAWS RELATING TO THE POST- 
ROADS, AND A CODE RELATING TO MILI- 
TARY OFFENSES, AND THE REVISION 
OF TREATIES WITH THE 
INDIAN TRIBES NOW 
IN FORCE." 



WASHINGTON: 

GOVEBNMENT PRINTING OFFICE. 
.1'8 73. 



INDEX 

TO 

COMPILATION OF TREATIES 

BETWEEN 

THE UNITED STATES AND THE INDIAN TRIBES. 



Page. 
Allied tribes in Washington Territory. 

Treaty proclaimed April 11, 1859 378 

Aiia-da-ca. 

Treaty proclaimed March 8, 1847 306 

Apaches. 

Treaty proclaimed February 12, 1854 309 

August 25, 1858 312 

May 26,1866 128 

Apalaohioolas. 

Treaty proclaimed February 13, 1833 3 

April 12, 1834 4 

Eelinquiahmeut of certain lands by 5 

Arrapahoes. 

Treaty proclaimed February 2, 1867 122 

May 26, 1866 128 

August 19, 1868 129 

Arrapahoes, Northern. 

Treaty proclaimed August 25, 1868 136 

Ash-kum Wee-saw, chief Pottawatomies. 

Treaty proclaimed February 18, 1837 715 

Aub-ba-naub-ba's band, Pottawatomies. 

Treaty proclaimed May 25, 1836 709 

B. 
Blackfeet. 

Treaty proclaimed April 25, 1856 7 

March 17,1866 •. 11 

February 24, 1869 914 

lilack River Band of Chippewas. 

Treaty proclaimed May 23, 1856 227 

June 21, 1856 233 

July 9, 1860 228 

August 16,1866 237 

Blanchard's Creek, Ottawas of. 

Treaty proclaimed December 21, 1814 1032 

Blanchard's Fork of the Great Auglaize, Ottowas residing on. 

Treaty proclaimed April 6, 1832 590 

Blanchard's Fork and Eoche de Boeuf, United Bands of Ottowas. 

Treaty proclaimed April 6, 1832 590 

July 28, 1862 599 

October 14, 1868 839 

Bannacks. 

Treaty proclaimed February 24, 1869 931 

Belantse-etoa. 

Treaty proclaimed February 6, 1826 13 

Big Spring, Crawford County, Ohio, Wyandots of. 

Treaty proclaimed April 6, 1832 1030 

133 I T 



1058 

Page. 
Blood. 

Treaty proclaimed April 25, 1856 7 

Bois Forte Ijand of Chippewaa. 

Treaty proclaimed April 26, 1866 241 

Broad Leaf, Sioux of the. 

Treaty proclaimed December 30, 1816 -- 870 

Brul6 band of Sioux. 

Treaty proclaimed February 24, 1869 914 

C. 
Caddo. 

Treaty proclaimed February 2, 1836 15 

March 8, 1847 306 

Cahokia. 

Treaty proclaimed January 5, 1819 395 

February 13, 1833 396 

Callapooias. 

Treaty proclaimed April 10, 1855 18 

March 30, 1855 977 

Calapooia band of Calapooias. 

Treaty proclaiined April 10, 1855 18 

Canada, Seven Nations of. 

Treaty proclaimed January 31, 1797 852 

Cam-o-za, chief Pottawatomies. 

Treaty proclaimed March 16, 1835 705 

Capote tribe of Utes. 

Treaty proclaimed November 6, 1868 981 

Cayugas. 

Treaty concluded October 23, 1784 922 

June 9, 1789 9^3 

Treaty proclaimed January 21, 1795 , 925 

April 4, 1840 .- 553 

Cayuses. 

Treaty proclaimed April 11, 1859 987 

Chafau band of Calapooias. 

Treaty proclaimed April 10, 1855 18 

Chastas. 

Treaty proclaimed April 10, 1855 23 

Clackamas tribe of Calapooias. 

Treaty proclaimed April 10, 1855 18 

Certain chiefs and braves, Sioux. 

Treaty proclaimed June 15, 1838 878 

Che-cose's only son, Wau-we-ka, chief Pottawatomies. 

Treaty proclaimed June 4, 1836 708 

Chee-ohaw-kose, chief Pottawatomies. 

Treaty proclaimed February 18, 1837 ^ 715 

Che-luk-i-ma-uke band of Calapooias. 

Treajiy proclaimed April 10, 1853 18 

Che-larare-la band of Calapooias. 

Treaty proclaimed April 10, 1855 18 

Chem-a-kum tribe of S'Klallams. 

Treaty proclaimed April 29, 1859 , 800 

Chem-a-pho band of Calapooias. 

Treaty proclaimed April 10, 1855 18 

Chep-en-a-pho band of Calapooias. 

Treaty proclaimed April 10, 1855 18 

Che-quaw-ka-ko, chief Pottawatomies. 

Treaty proclaimed February 18, 1837 711 

Cherokees. 

Treaty concluded November 22, 1785 25 

Treaty proclaimed February 7, 1792 28 

January 21, 1795 31 

Treaty concluded October 2, 1798 32 

Treaty proclaimed May 17, 1804 30 

I '. '..'....i'."'.'.!"]!!I 38 

April22, 1807 41 

-. 39 



1059 

Page. 
Cherokees — Continued. 

Treaty ratified AprU 8, 1816 42 

Aprils, 1816 42 

Treaty proclaimed December 30, 1816.. 44 

December 26, 1817 45 

March 10, 1819 50 

May 28, 1828 ^... 56 

April 12,1834 61 

May 19, 1836 303 

May 23, 1836 65 

May 23, 1836 ■. 77 

August 17, 1846 79 

July 10, 1866 85 

April 27,1868 97 

Cheyennes. 

Treaty proclaimed February 2, 1867 122 

May 26, 1866 128 

August 19, 1868 129 

Cheyennes, Northern. 

Treaty proclaimed August 25, 1868 136 

Creeks. 

Treaty proclaimed August 13, 1790 100 

January 11, 1803 100 

January 24, 1806 101 

April 4, 1832 101 

April 12, 1834 102 

March 2, 1839 104 

August 28, 1856 104 

August 11, 1866 ; 114 

August 19, 1868 , 129 

Chlppewas. 

Treaty proclaimed December 2, 1795 ■. 184 

April 24, 1806 ...: 190 

January 27, 1808 192 

March 3, 1809 194 

Treaty ratified December 26, 1815 196 

Treaty proclaimed December 30, 1816 150 

January 4, 1819 197 

January 4, 1819 1033 

March 25, 1820 141 

March 2, 1821 143 

March 8, 1821 605 

February 6, 1826 155 

February 27, 1827 , 144 

June 15, 1828 149 

January?, 1829 160 

February 23, 1829 209 

January2, 1830 161 

March 25, 1832 1.52 

February21, 1835 ' ^. 164 

February 21,1835, (supplementary) 176 

May 27, 1836 606 

July 2, 1838 244 

March 2, 1839, (supplementary) 249 

March 3, 1838 250 

March 2, 1838 2,51 

March 28, 1843 217 

July 22, 1846 181 

April?, 1848 212 

April 7, 1848 221 

January29, 1855 222 

April?, 1855 263 

April 24, 1856 2.53 

May 23, 1856 227 

June 21, 1856 233 

September 10, 1856 613 

July 9,1860 228 

March 19, 1863 213 

May 5, 1864 254 



1060 

Page. 
Cliippewas — Continued. 

Treaty proclaimed April 25, 1864, (supplementary) 257 

March 20, 1865 259 

August 16, 1866 , 237 

April 26, 1866 241 

April 18, 1867 271 

Christian Indians. 

Treaty proclaimed May 17, 1828 621 

April 4, 1840 553 

July 9, 1860 228 

Cow-creek band of Umpquas. _ 

Treaty proclaimed February 5, 1855 974 

Cow-nan-ti-co band of Scotons. 

Treaty proclaimed April 10, 1855 23 

Cho-bah-ah-bish. 

Treaty proclaimed April 11, 1859 378 

Choctaws. 

Treaty proclaimed May 19, 1836 303 

Choctaws and Chickasaws. 

Treaty proclaimed March 24, 1837 1046 

March 4, 1856 274 

July 10, 1866 205 

Clow-we-wal-la band of Calapooias. 

Treaty proclaimed April 10, 1855 18 

Crows. 

Treaty proclaimed February 6, 1826 325 

August 12, 1868 327 

Comanches. 

Treaty proclaimed May 19, 1836 .". 303 

March 8, 1847 306 

February 12, 1854 1. 309 

August25, 1858 312 

May 26, 1866 314 

August 25, 1868 318 

Cutheads band of Sioux. 

Treaty proclaimed February 24, 1869 914 

Confederated Peorias. 

Treaty proclaimed October 14,- 1868 839 

D. 
Dacotahs. 

Treaty proclaimed February 24, 1853 879 

February 24, 1853 8H2 

February 26, 1859 805 

March 31, 1859 8Sj 

March 31, 1859 y03 

March 17, 1866 Sty 

March 17, 1866 8')0 

March 17, 1866 S'H 

March 17, 1866 895 

March 17, 1866 8')7 

March 17, 1866 899 

March 17, 1866 901 

Mays, 1867 909 

May 2, 1868 864 

Dwamish. 

Treaty proclaimed April 11, 1859 378 

Delawares. 

Treaty concluded September 17, 1778 333 

Treaty proclaimed December 2, 1795 IS4 

December 26, 1803 " 370 

February 14, 1805 335 

April 24, 1806 190 

April 24, 1806 37I 

January 16, 1810 373 

December 21, 1814 ;. 1032 

Treaty ratified December 26, 181.'i • 196 

Treaty proclaimed January 4, 1819 I97 

January 4J819 IO33 



1061 

Page. 
Del a wares — Continued. 

Treaty proclaimed January 15, 1819 337 

January 2, 1820 369 

March 24, 1831 (supplementary) 338 

February 12, 1833 376 

July 17,1854 340 

October 4, 1861 350 

August 4, 1866 362 

May 2, 1867 909 

August 27, 1870 345 

Different bands of Sioux. 

Treaty proclaimed February 24, 1869 914 

E. 
Eel Ri ver. 

Treaty proclaimed December 2, 1795 184 

December23, 1803 383 

December 26, 1803 370 

April 24, 1806 371 

January 16, 1810 373 

January 16, 1810 376 

December 21, 1814 1032 

May 7, 1828 520 

Elh-wa. 

Treaty proclaimed April 29, 1859 800 

F. 
Flatheads. 

Treaty proclaimed April*25, 1856 7 

April 18, 1859 '. 383 

Fond du Lac band of Chippewas. 

Treaty proclaimed January 29, 1855 224 

Fort Laramie. 

Treaty of (not ratified.) 1047 

Floridas. 

Treaty proclaimed January 2, 1824 389 

Foxes. 

Treaty ratified December 26, 1815 394 

Treaty proclaimed February 21, 1805 737 

■February 12, 1823 740 

J.inuary 18, 1825 741 

February 26, 1826 155 

February 24, 1831 781 

February 13, 1833 743 

February 25, 1837 746 

February 27, 1837 747 

December 13, 1837 749 

February 21, 1838 752 

February 21, 1838 775 

March 23, 1843 754 

July 17, 1854 7,58 

July 9, 1860 762 

March 26, 1863 777 

October 14, 1868 •.... 767 

G. 
Grand Pawnees. 

Treaty proclaimed January 7, 1819 644 

April 12, 1834 648 

January 8, 1849 647 

May 26, 1858 650 

Grand Portage band of Chippewas. 

Treaty proclaimed January 29, 1855 224 

Grand River band of Utes. 

Treaty proclaimed November 6, 1863 981 

Grave Creek band of Umpquas. 

Treaty proclaimed April 10, 1855 , 23 

Gros Ventres. 

Treaty proclaimed April 25, 1856 7 



1062 

H. 

Page. 

Hanriinta. 

Treaty proclaimed April 29, 1859 800 

Hunkpapa Sioux. ' 

Treaty proclaimed February 6, 1826 873 

I. 
Illinois. 

Treaty proclaimed December 23, 1803 423 

January 5, 1819 395 

February 13, 1833 396 

Illinois River, Pottawatomies residing on. 

Treaty proclaimed December 26, 1815 697 

Indian reserves on tlie Miami of Lake Erie, Ottawas residing on. 

Treaty proclaimed March 22, 1833 596 

Indiana State, Pottawatomies of. 

Treaty proclaimed January 21, 1833 701 

lonis. 

Treaty proclaimed March 8,1847 306 

lowas. 

Treaty ratified December 26, 1815 399 

Treaty proclaimed January 18,1825 399 

February 6, 1826 155 

February 24, 1831 781 

February 15,1837 407 

February 21, 1838 , 401 

March 2, 1839 401 

July 17, 1854 403 

March 26, 18G3 777 

K. 
Klamaths. 

Treaty proclaimed February 17, 1870 432 

Kah-milt-pah band of Yakamas. 

Treaty proclaimed April 18, 1859 1040 

Kankakee and Prairie Pottawatomies. 

Treaty proclaimed January 21, 1833 ..i 697 

Kansas. 

Treaty ratified December 26, 1818 410 

Treaty proclaimed December 30, 1825 410 

May 3, 1826 414 

April 15, 1846 415 

November 17, 1860 417 

February 6, 1863 422 

Kaskaskias. 

Treaty proclaimed December 2, 1795 184 

December 23, 1803 ";' 3a3 

December 23, 1803 423 

December 26, 1803 '■■' 370 

January 5, 1819 395 

February 13, 1833 .■".]." 39(5 

August 10, 1854 426 

Octfiber 14, 1868 839 

Katakas. 

Treaty proclaimed February 21, 1838 456 

Kah-tai. 

Treaty proclaimed April 29,1859 gOo 

Klat-la^wash. 

Treaty proclaimed April 29, 1859 gOo 

Keechy. 

Treaty proclaimed March 8, 1847 3O6 

Kee-waw-my, chief Pottawatomies. 

Treaty proclaimed May 25, 1836 709 

Klikatat band of Yakamas. 

Treaty proclaimed April 18, 1859 IO40 

Kickapoos. 

•Treaty proclaimed December 2, 1795 184 

December 26, 1803 370 

December 23, 1803 \\\\ 383 



1063 

Page. 
Kickapoos — Continued. 

Treaty proclaimed March 3, 1810 436 

December 21, 1814 1032 

Treaty ratified December 26, 1815 437 

Treaty proclaimed December 30, 1816 438 

May 10, 1820 454 

January 8, 1821... 455 

January 13, 1821 438 

January 13, 1821 440 

February 13, 1833 441 

July 17,1854 443 

May 28, 1863 447 

Kik-i-^llus. 

Treaty proclaimed April 11, 1859 378 

Klinquit, baud of Yakamas. 

Treaty proclaimed April 18,1859 *. 1040 

Kiowas. 

Treaty proclaimed February 21, 1838 456 

February 12, 1854 309 

August 25, 1858 312 

May 26, 1866 314 

August 25, 1868 '. 318 

Kootenays. 

Treaty proclaimed April 25, 1856 7 

April 18, 1859 383 

ICow-was-say-ee band of Yakamas. 

Treaty proclaimed April 18, 1859 1040 

L. 

Lakes, Sioux of the. 

Treaty proclaimed December 26, 1815 869 

Lake Superior, Chippewas of the. 

Treaty proclaimed March 23, 1843 217 

April 7, 1848 221 

January 29, 1855 222 

Lake Winnebagoshish band of Chippowas. 

Treaty proclaimed April 7, 1855 263 

March 19, 1863 213 

March 20, 1865 259 

L'Anse band of Chippewaa. 

Treaty proclaimed January 29, 1855 222 

La Pointe band of Chippewas 

Treaty proclaimed January 29, 1355 222 

Leaf, Sioux of the. 

Treaty proclaimed December 30, 1816 870 

Lepans. 

Treaty proclaimed March 8,1847 , 306 

Li-ay-was band of Yakamas. 

NIBS Treaty proclaimed April 18, 1859 1040 

Long Tom band of Calapooias. 

Treaty proclaimed April 10,18.55 18 

Long-wha. 

Treaty proclaimed March 8, 1847 *. . . 306 

Louison, chief Pottawatomies. 

Treaty proclaimed February IS, 1837 , 715 

Loups, Pawnee. 

Treaty proclaimed April 12, 1834 648 

January 8, 1849 647 

May 26, 1858 650 

Lower BruJS band Sioux. 

Treaty proclaimed March 17, 1866 892 

Lower de Chutes band of Walla- Wallas. 

Treaty proclaimed April 18,1859 622 

M. 

Mac-kah-tah-mo-ah, chief Pottawatomies. 

Treaty proclaimed February 18, 1837 712 



1064 

Page. 
Muddy band of Calapooias. 

Treaty proclaimed April 10, 1855 18 

Mabas. 

Treaty ratified December 26, 1815 458 

Treaty proclaimed February 6, 1826 459 

Makahs. 

Treaty proclaimed April 18, 1859 461 

Mandans. 

Treaty proclaimed February 6, 1826. 464 

Marliar, Pawnees. 

Treaty proclaimed January 5, 1842 644 

MarysviUe band of Calapooias. 

Treaty proclaimed April 10, 1855 18 

Mat-chis-jaw, chief Pottawatomies. 

Treaty proclaimed May 25, 1836 709 

Medawah-Kantons. 

Treaty proclaimed February 24, 1831 781 

February 24, 1853 882 

March 31, 1859 885 

Me-mat-way, chief Pottawatomies. 

Treaty proclaimed February 18, 1837 711 

Menomonees. 

Treaty proclaimed December 26, 1817 467 

February 6, 1826 155 

February 23, 1829 209 

July 9, 1832 468 

March 13, 1833 475 

February 15, 1837 481 

January 23, 1849 485 

August 2, 1854 487 

April 24, 1856 489 

Mes-quaw-buck, chief Pottawatomies. 

Treaty proclaimed June 4, 1836 707 

Mee-see-qua-quilch. 

Treaty proclaimed April 11, 1859 378 

Miamis. 

Treaty proclaimed December 2, 1795 184 

December 26,1803 370 

April 24, 1806 : 371 

January 16, 1810 :^73 

.January 16, 1810 '. 375 

December 21, 1814 1032 

Treaty ratified December 26, 1815 196 

Treaty proclaimed January 15, 1819 491 

January 24, 1827 495 

May 7, 1828.. 520 

December 22, 1837 498 

February 8, 1839 502 

June 7, 1841 508 

August 4, 1854 . 511 

October 14, 1868 839 

Miuneoonjon band, Sioux. 

Treaty proclaimed March 17, 1866 890 

F^ruary 24, 1869 914 

Minnetsaree. 

Treaty proclaimed February 26, 1826 13 

Michigan Territory, Pottawatomies of. 

Treaty proclaimed January 21, 1833 701 

Mitchigamia. 

Treaty proclaimed January 5, 1819 : 395 

February 13, 1833 396 

Mississippi, Chippewas of the. 

Treaty proclaimed March 28, 1843 217 

April 7, 1848 221 

January 29, 1855 222 

April 7, 1855 263 

Marchl9,1863 213 

March 20, 1865 ' 259 

ApTill8,1867 " 271 



1065 

Page. 
Missourias. 

Treaty proclaimed February 6, 1826 630 

February 15, 1827 634 

February 24, 1831 781 

April 12, 1834 633 

June 21, 1854 637 

April 19, 1855 640 

Missouri, Foxes of. 

Treaty proclaimed February 21, 1838 775 

March 26, 1863 777 

Missouri Eiver, Sacs residing on. 

Treaty proclaimed December 26, 1815 734 

Missouri, Sacs of. 

Treaty proclaimed February 21, 1838 775 

March 26, 1863 777 

Missouri, Sacs and Foxes of. 

Treaty proclaimed February 15, 1837 407 

February 21, 1838 775 

March 26,1863. 777 

Missouri, Shawnees residing in. 

Treaty proclaimed December 30, 1825 786 

November 2, 1854 , 792 

Mixed Senecas. 

Treaty proclaimed October 14, 1868 839 

Moadocs. 

Treaty proclaimed February 17, 1870 432 

Mohawks. 

Treaty concluded October 22, 1784 922 

June 9, 1789 '. 923 

January 21, 1795 925 

Mohawks residing iu Upper Canada. 

Treaty proclaimed April 27, 1798 521 

Mohawk band of Calapooias. 

Treaty proclaimed April 10, 1855 18 

Molallas, (Molels.) 

Treaty proclaimed April 10, 1855 18 

April 27, 1859 522 

Mo-sack, chief Pottawatomies. 

Treaty proclaimed February 16, 1837 , 714 

Mota, chief Pottawatomies. 

Treaty proclaimed March" 16, 1835 706 

Muache band of Utes. 

Treaty proclaimed November 6, 1868 984 

Muck-kose, chief Pottawatomies. 

Treaty proclaimed February 18, 1837 715 

Muck-rose, chief Pottawatomies. 

Treaty proclaimed March 16, 1835 706 

Munsees, 

Treaty proclaimed April 24, 1806 190 

May 16, 1840 937 

September 8, 1856 951 

July 9, 1860 228 

Muscogees. 

Treaty proclaimed May 19, 1836 303 

N. 
Na-al-ye band of Scotons. 

Treaty proclaimed April 10, 1855 23 

Na-hel-ta band of Chastas. 

Treaty proclaimed April 10, 1855 23 

Nas-waw-kee, chief Pottawatomies. 

Treaty proclaimed May 25, 1836 710 

Navajoes. 

Treaty proclaimed August 12, 1868 527 

September 24, 1850 525 

Nes-boash, chief Pottawatomies. 

Treaty proclaimed May 25, 1836 709 

New Yorks. 

Treaty proclaimed April 4, 1840 548 

134 IT 



1066 

Page. 
Nez Perots. 

Treaty proclaimed April 25,1856 ■ _„4 

April29,1859 °^X 

April24,1867 ^^^ 

February 24, 1869 °*" 

Nisqually. 

Treaty proclaimed March 3, 1855 °"" 

Noisy Pawnees. 

Treaty proclaimed January 7, 1819 "*^ 

Nook-wa-chiirmish. 

Treaty proclaimed April 11, 1859 378 

No-taw-kah, chief Pottawatomies. 

Treaty proclaimed Februai-y 18, 1837 712 

NoT-whS-ifid;. 

Treaty proclaimed April 11, 1859 378 

N'Quentl-ma-mish. 

Treaty proclaimed April 11, 1859 378 

0. 
Oohe-chotes band of Yakamas. 

Treaty proclaimed April 18, 1859 1040 

O'Gallala band of Sioux. 

Treaty proclaimed Februarye, 1826 871 

March 17, 1866 ,. 901 

February 24, 1869 914 

Ohio, Wyandots in. 

Treaty proclaimed April 6, 1832 1030 

May 16,1836 1029 

O-ka-mause, chief Pottawatomies. 

Treaty proclaimed May 25, 1836 709 

Omahas. 

Treaty proclaimed February 15, 1827 634 

February 24, 1831 781 

June 21,' 1854 564 

February 15, 1866.. 569 

Onkpahpah band of Sioux. 

Treaty proclaimed March 17, 1866 899 

Onoxa, chief, Pottawatomies who adhered to. 

Treaty proclaimed December 21, 1814 1032 

Orchard Party. 

Treaty proclaimed May 17, 1828 621 

April 4, 1840 553 



Treaty ratified April 28, 1810 571 

December 26,1815 .'575 

Treaty proclaimed January 7, 1819 575 

February 19, 1823.: 576 

December 30, 1825 577 

May 3, 1826 581 

May 19, 1836 303 

March2,1839 , 583. 

January 21, 1867 584 

Ottawas. 

Treaty proclaimed December 2, 1795 184 

April 24, 1806 190 

January 27, 1808 192 

March 3, 1809 194 

December 21, 1814 1032 

Treaty ratified December 26, 1815 196 

Treaty proclaimed December 30,1816 150 

January 4, 1819 197 

January 4, 1819 1033 

March 8, 1821 605 

February 6, 1826 , 155 

January 7, 1829 160 

January 2, 1830 161 

Treaty proclaimed March 25, 1832 152 

February 21, 1835 164 



1067 

Page. 
Ottawas — Contmued. 

February 21,1835, (supplementary) 176 

April 6, 1832 590 

March 22, 1333 , 596 

May 27,1836 606 

July 22,1846 181 

September 10, 1856 613 

July 28,1862 599 

October 14, 1868 839 

Oke-Nos. 

Treaty proclaimed April 29,1859 ; 800 

Oueldas. 

Treaty concluded October 22, 1784 922 

June 9,1789 923 

Treaty proclaimed January 21, 1795 925 

Treaty proclaimed January 21 , 1795 620 

Treaty proclaimed May 17, 1828 621 

Treaty proclaimed April 4, 1840 553 

Oregon, Middle, tribes and bands of. 

Treaty proclaimed Aprill8, 1859 622 

March 29, 1867 628 

Ohio, Shawnees residing in. 

Treaty proclaimed April 6,1832 788 

Onondagas. 

Treaty concluded October 22, 1784 922 

June 9, 1789 923 

Treaty proclaimed January 21, 1795 925 

April 4, 1840 553 

Ontonagon band of Chippewaa. 

Treaty proclaimed January 29, 1855 224 

Ottoes. 

Treaty proclaimed December 26, 1817 630 

February 6, 1826 630 

February 15, 1827 634 

I'ebruary 24, 1831 781 

April 12, 1834 633 

June 21,18.54 637 

April 19, 1855 640 

P. 

Prairie and Kankakee, Pottawatomies of the. 

Treaty proclaimed January 21,1833 697 

Pau-koo-shuck, chief Pottawatomies. 

Treaty proclaimed May 25,1836 709 

Pawnees. 

Treaty proclaimed January 5,1812 644 

January 7, 1819 644 

January 7, 1819 645 

January 17, 1819 646 

February 6, 1826 642 

ApriH2,1834 648 

January 8. 1849 647 

May 26, 1858 650 

Pelouse band of Yakamas. 

Treaty proclaimed April 18, 1859 1040 

Pembina band of Chippewas. 

Treaty proclaimed April 25,1864 257 

May 5,1864 254 

Peorias. 

Treaty proclaimed January 5, 1819 395 

February 13, 1833 396 

August 10, 1854 426 

October 14,1868 839 

Pe-pin-a-waw, and other chiefs Pottawatomies. 

Treaty proclaimed February 18, 1837 712 

Piankeshaws. 

Treaty proclaimed December 2, 1795 184 

December 23,1803 383 



1068 

Piankeshaws — Continued. 

Treaty proclaimed December 26, 1803 370 

February 6, 1805 655 

May 23, 1807 656 

Treaty ratified Decemljer 26, 1815 657 

TreatyproclaimedFebruary 23, 1833.. C58 

August 10, 1854 426 

October 14, 1868 839 

Pillager band of Chippewas. 

Treaty proclaimed April 7,1858 212 

April 7, 1855.- 263 

March 19, 1863 213 

March 20, 1865 259 

Fiegans. 

Treaty proclaimed April 25, 1856 7 

Pine Tops, Sioux -who shoot in the. 

Treaty proclaimed December 30,1816 870 

Pishtst. 

Treaty proclaimed April 29, 1859 800 

Pisquouse band of Yakamas. 

Treaty proclaimed April 18, 1859 1040 

Pitavirate Pawnees. 

Treaty proclaimed January 7, 1819 645 

Poncars. 

Treaty proclaimed February 6, 1826 •. 666 

PoDcarara. 

Treaty proclaimed December 26, 1817 668 

Poncas. 

Treaty proclaimed April 11, 1859 659 

March 28, 1867 664 

Pottawatomies. 

Treaty proclaimed December 2, 1795 184 

December 26, 1803 370 

April 24, 1806 371 

April 24, 1806 190 

January 27, 1808 192 

March 3, 1809 194 

January 16, 1810 373 

December 21, 1814 1032 

Treaty ratified December 26, 1815 697 

December 26, 1815 196 

Treaty proclaimed December 30, 1816 150 

January 4, 1819 197 

January 4, 1819 1033 

January 15, 1819 669 

February 6, 1826 155 

February 7, 1827 670 

January 7, 1829 16o 

January 27, 1829 676 

February23, 1829 .- 674 

January 2, 1830 161 

March 25, 1832 152 

January 21, 1833 697 

January 21, 1833 701 

January 21, 1833 680 

February 21, 1835 164 

February 21, 1835, (supplementary) 176 

March 16, 1835 683 

March 16, 1835 705 

March 16, 1835 706 

March 16, 1835 706 

June 4, 1836 707 

June 4, 1836 708 

May 25, 1836 709 

May 25, 1836 709 

May25,1836 ' 710 

February 18, 1837 711 

February 18, 1837 712 

February 18, 1837 713 

February 16, 1837 714 



1069 

Page. 
Pottawatomies— Continued. 

Treaty proclaimed February 18, 1837 715 

July 23, 1846 181 

April 19, 1862 683 

Treaty supplementary, ratified April 26, 1866 690 

Treaty proclaimed August 7, 1868 691 

Puget's Sound, tribes and bands occupying land around head of. 

Treaty proclaimed March 3, 1855 560 

Puyallupa. 

Treaty proclaimed March 3, 1855 560 

Q. 
Quapa-ws. 

Treaty proclaimed July 5, 1818 716 

February 18, 1825 718 

April 12,1834 720 

May 19, 1836 303 

October 14,1868 839 

Quash-quaw, chief Pottawatomies. 

Treaty proclaimed May 25, 1836 710 

Quil-Jeh-utes. 

Treaty proclaimed April 11, 1859 723 

Quil-si-eton band of Chastas. 

Treaty proclaimed April 10, 1855 23 

Qui-nai-elts. 

Treaty proclaimed April 11, 1859 723 

Qui-qui-to, chief Pottawatomies. 

Treaty proclaimed February 18, 1837 715 

R. 
Eed Lake Band of Chippewas. 

Treaty proclaimed April 25, 1864 257 

May 5, 1864 254 

Eepnblio Pawnees. 

Treaty proclaimed January 17, 1819 646 

January 8,1849 647 

April 12, 1834 TTT. 648 

May 26, 1858 650 

Eicaras. 

Treaty proclaimed February 26, 1825 727 

Eoche de Boeuf, on Miami Eiver of Lake Erie, Ottawas residing at. 

Treaty proclaimed April 6, 1832 590 

Eoche de Boeuf, Ottawas of. 

Treaty proclaimed October 14,1868 839 

Eock Eiver, Sacs of. 

Treaty proclaimed December 30,1816 735 

Eogue Eiver. 

Treaty proclaimed April 12,1854 7S9 

April7,1855 738 

S. 
Sacs. 

Treaty proclaimed December 26,1815 734 

December 30, 1816 735 

February 21, 1805 737 

February 12, 1823 740 

January 18, 1825 741 

February 24, 1831 781 

February 13,1833. 743 

February 25, 1837 746 

February 27, 1837 747 

December 13,1837 749 

February 21, 1838 752 

February 21, 1838 775 

March 23, 1843 754 

July 17,1854 758 

July 9, 1860 762 

March 26, 1863 777 

October 14, 1868 767 



1070 

Page. 

Sacs and Foxea. 

Treaty proclaimed February 6, 1826 \^ 

February 15, 1837 ■*''7 

Sa-cher-i-ton baud of Scotons. 

Treaty proclaimed April 10, 1855 *•' 

Saginaw, Chippewas of. 

Treaty proclaimed July 2, 1838 244 

March 2, 1839, (supplementary) - "49 

March 2, 1839, (supplementary) -•• 249 

July 3, 1838 250 

July 2, 1838 251 

June 21, 1856 233 

August 16, 1866 237 

Sah-ku-m^hu, 

Treaty proclaimed April 11,1859 378 

Sa-heh-wamish, 

Treaty proclaimed March 3,1855 560 

Sam-ahmish. 

Treaty proclaimed April 11, 1859 378 

Sandusky Eiver, Delawares on. 

Treaty proclaimed January 2, 1820 36Q 

Sandusky Eiver, Senecas residing on. 

Treaty proclaimed March 24, 1831 833 

Santee band of Sioux. 

Treaty proclaimed February 15,1827- 634 

February 24, 1831 781 

February 24, 1869 914 

Santiam bands of Calapooias. 

Treaty proclaimed April 10,1855 18 

Sans Arc band of Sioux. 

Treaty proclaimed March 17, 1866 897 

February 34, 1869 914 

Shawnees. 

Treaty proclaimed January 31, 1786 784 

December 2, 1795 184 

December 26, 1803 370 

April 24, 1806 ■-.. 190 

March 3, 1809 194 

December 21, 1814 1032 

Treaty ratified December 26, 1815 196 

Treaty proclaimed January 4,1819 197 

January 4, 1819 1033 

December 30, 1825 786 

April 6, 1832 788 

April 6, 1832 1035 

February 12, 1833 376 

March22,1833 837 

November 2, 1854 792 

October 14, 1868 839 

Bk£(glts. 

Treaty proclaimed April 11,1859 378 

Skai-wha-mish, 

Treaty proclaimed April 11, 1859 378 

S'Klallams. 

Treaty proclaimed April 29, 1859 ;... 800 

Sk-t^h-le-jun. 

Treaty proclaimed April 11,1859 378 

Sko-ko-ihish. 

Treaty proclaimed April 29,1859 800 

Sk-t^hl-mish. 

Treaty proclaimed April 11,1859 378 

Smah-kahmish. 

Treaty proclaimed April 11,1859 378 

Snakes. 

Treaty proclaimed July 10,1866 8O4 

February 17, 1870 432 

Squawskins. 

Treaty proclaimed March 3,1855 56O 



1071 

Page. 
St-kah-misb. 

Treaty proclaimed April 11, 1859 378 

Sault Ste. Marie, Chippewas of. 

Treaty proclaimed April 24, 1856 253 

Swan Creek band of Chippewas. 

Treaty proclaimed May 23, 1856 227 

June 21, 1856 233 

July 9, 1860 ,..• 228 

August 16,1866 237 

Se-ap-cat band of Yakamas. 

Treaty proclaimed April 18, 1859 ■ 1040 

See-Seeton Sioux. 

Treaty proclaimed February 26, 1853 879 

Semiuoles. 

Treaty proclaimed April 12, 1834 807 

April 12, 1834 809 

August 16, 1866 810 

Treaty concluded October 22, 1784 922 

June 9, 1789 933 

Treaty proclaimed January 21, 1795 925 

September 15, 1797 818 

January 12, 1803 821 

February 7, 1803 823 

December 21, 1814 1032 

Treaty ratified December 26, 1815 196 

Treaty proclaimed January 4, 1819 197 

January 4, 1819 1033 

March 24, 1831 833 

April 6, 1832 1035 

March 22,1833 837 

May 19,1836 303 

April 4, 1840 552 

August 26, 1842 824 

March 31, 1859 829 

March 31, 1859, (supplementary) 833 

October 14, 1868 839 

Seven Nations of Canada. 

Treaty proclaimed January 31,1797 852 

Steh-chass. 

Treaty proclaimed March 3,1855 560 

Steilacoom. 

Treaty proclaimed March 3, 1855 560 

Ste-tehtlum. 

Treaty proclaimed April 29, 1859 800 

Saint Peters Eiver, Sioux of. 

Treaty proclaimed December 26, 1815 ^ 869 

Saint Kegis. 

Treaty proclaimed January 31, 1797 852 

April 4, 1840 551 

April 4, 1840, (supplementary) •. 560 

Sioux. 

Treaty proclaimed July 19,1815 854 

July 19,1815 869 

December 26,1815 869 

December 30,1816 870 

February 6, 1826 155 

February 6, 1826 866 

February 6, 1826 871 

February 26, 1826 873 

February 15, 1887 634 

February 24, 1831 781 

February 13, 1837 875 

February 18, 1837 876 

June 15, 1838 ; 878 

February 21, 1838 854 

February 24, 1853 879 

February 24, 1853 882 

February 26, 1859 855 



1072 

Page. 

Sioiix — Continued. oae 

Treaty proclaimed March 31,1859 °°% 

March 31,1859 •'^^ 

March 17,1866 Ji 

March 17,1866 ^X 

March 17,1866 ao" 

March 17, 1866 °^* 

March 17,1866 °°5 

March 17,1866 °^l 

March 17,1866 ™ 

March 17,1866 r ^^1 

May 2,1867 90. 

March 17, 1868 °°* 

February 24,1869 9" 

Sioilne band of Sioux. 

Treaty proclaimed, February 6, 1826 o71 

Sisseton band of Sioux. 

Treaty proclaimed, May 3, 1867 909 

Agreement with, February 19, 1867 1050 



Treaty proclaiined, February 24, 1831 781 

March 31, 1859 , 903 

Six Nations. 

Treaty concluded October 22, 1784 922 

June 9, 1789 923 

Treaty proclaimed January 21, 1795 , 925 

Six Nations of New York. 

Treaty proclaimed April 4, 1840 548 

Skin-pah band of Yakamas. 

Treaty proclaimed April 18,1859 1040 

Squin-ah-mish. 

Treaty proclaimed April 11, 1859 378 

Squi-aiti. 

Treaty proclaimed March 3,1855... 560 

Swin-a-mish. 

Treaty proclaimed April 11,1859 378 

Scotons. 

Treaty proclaimed April 10, 1855 23 

Shoshonees, Northwestern bands. 

Treaty proclaimed June 17,1865. 926 

Shoshonee-Goships. 

Treaty proclaimed January 17, 1865 929 

Shoshonees, Eastern Band. 

Treaty proclaimed February 24, 1869 931 

S'PIomamish. 

Treaty proclaimed March 3, 1855 560 

Skoperamish. 

Treatyproclaimed April 11, 1859 378 

Snoqualmoos. 

Treaty proclaimed April 11, 1859 378 

Sno-ho-mish. 

Treaty proclaimed April 11, 1859 378 

Stockbridges. 

Treaty proclaimed January 21, 1795 620 

May 16,1840 937 

March 1,1849 941 

September 8, 1856 951 

Stoluok-wha-mish. 

Treaty proclaimed April 11, 1859 378 

Subordinate tribes in Washington Territory. 

Treatyproclaimed April 11,1859 378 

Snsseton Sioux. 

Treatyproclaimed February 18,1837 876 

Suquamish. 

Treaty proclaimed April 11,1859 373 

Squah-qua;ihtl. 

Treaty proclaimed April 29, 1859..... 800 

Shyiks band of Yakamas. 

Treaty proclaimed April 18,1859.... 1040 



A COMPILATION OF ALL THE TREATIES BETWEEN 
THE UNITED STATES AND THE INDIAN TRIBES 
NOW IN FORCE AS LAWS. 



1 APPALACHIOOLAS. ' 

2 Treaty with the Appalachicola Band. 

3 The undersigned chiefs, for and in behalf of themselves and 
•1 warriors, surrender to the United States, all their right, title, 
-5 and interest to a reservation of land made for their benefit, in 

6 the additional article of the treaty, concluded at Camp Moultrie, 

7 in the Tprritory of Florida, on the 18th of September, eighteen 
^ hundred and twenty-three, and which is described in said arti- 
9 cle, " as commencing on the Appalachicola, one mile below Tuski 

10 Hajo's improvements, running up said river four miles, thence 

11 west two miles, thence southerly to a point due west of the 

12 beginning, thence east to the beginning point," and agree to 

13 remove with their warriors and families, now occupying said 

14 reservation, and amounting in all to (256) two hundred and lifty- 

15 six souls, to the west of the Mississippi River, beyond the limits 

16 of the States and Territories of the United States of America. 

17 Article 2. For and in consideration of said surrender, and 

18 to meet the charges of a party to explore immediately the coun- 

19 try west in search of a home more suitable to their habits than 

20 the one at present occupied, and in full compensation for all the 
.21 expenses of emigration, and subsistence for themselves and 
22 party, the United States agree to pay to the undersigned chiefs, 
.23 and their warriors, thirteen thousand dollars ; three thousand 

24 dollars in cash, the receipt of which is herewith acknowledged, 

25 and ten thousand dollars whenever they have completed their 

26 arrangements, and have commenced the removal of their whole 

27 party. 

28 Article 3. The undersigned chiefs, with their warriors and 

29 families, will evacuate the reservation of land, surrendered by 

30 the first article of this agreement, on or before the first of No- 

31 vember, eighteen hundred and thirty -three ; but should unavoid- 

32 able circumstances prevent the conclusion of the necessary pre- 

33 paratory arrangements by that time, it is expected that the in- 



34 diligence of tlie government of the United States will be rea- 

35 sonably extended for a term, not to exceed, however, another year. 

36 Article 4. The United States farther stipulate to continue 

37 to Blunt and Davy, (formerly Tuski Hajo, deceased,) the chiefs 

38 of the towns now consenting to emigrate, their proportion of 

39 the annuity of five thousand dollars which they at present draw, 

40 and to which they are entitled under the treaty of Camp Moul- 

41 trie, so long as they remain in the Territory of Florida, and to 

42 advance their proportional amount of the said annuity for the 

43 balance of the term stipulated for its payment in the treaty 

44 aforesaid, whenever they remove in compliance of the terms of 

45 this agreement. 

46 Proclaimed February 13, 1833. 

47 Treaty toith the Appalacldcola band. 

48 The undersigned chiefs, for and in behalf of themselves and 

49 warriors, voluntarily relinquish all the privileges to which they 

50 are entitled as parties to a treaty concluded at Camp Moultrie 

51 on the 18th of September, 1823, and surrender to the United 

52 States all their right, title, and interest to a reservation of land 

53 made for their benefit in the additional article of the said treaty, 

54 and which is described in the said article as Commencing " on 

55 the Appalachicola, at a point to include Yellow Harems improve- 

56 ments ; thence up said river four miles ; thence west one mile ; 

57 thence southerly to a point one mile west of the beginning ; and 

58 thence east to the beginning point." 

59 Article 2. For and in consideration of said cession the 

60 U. States agree to grant, and to convey in three (3) years 
"61 by patent to Mulatto King or Vacapasacy, and to Tastenuggy 

62 Hajo, head chief of Ematlochees town, for the benefit of them- 

63 selves, sub-chiefs, and warriors, a section and a half of land to 

64 each, or contiguous quarter and fractional sections containing a 

65 like quantity of acres, to be laid' off hereafter under the direc- 

66 tion of the President of the U. States, so as to embrace 

67 the said chiefs' fields and improvements, after the lands shall 

68 have been surveyed, and the boundaries to correspond with the 

69 public surveys, it being understood that the ' aforesaid chiefs 

70 may, with the consent and under the advisement of the executive 

71 of the Territory of Florida, at any time previous to the expi- 

72 ration of the above three years, dispose of the said sections of 

73 land, and migrate to a country of their choice; but that should 

74 they remain on their lands the U. States Will, so soon as 

75 Blunt's band and the Seminoles generally have migrated under 

76 the stipulations of the treaties concluded with them, withdraw 

77 the immediate protection hitherto extended to the aforesaid 



5 

78 chiefs and warriors, and that they thereafter become subject to 

79 the government and laws of the Territory of Florida. 

80 Aetiole 3. The IT. States stipulate to continue to Mulatto 

81 King and Tustenuggy Hadjo, their sub-chiefs and warriors, their 

82 proportion of the annuity of (5,000) five thousand dollars to which 

83 they are entitled under the treaty of Oamp Moultrie, so long as 

84 the Seminoles remain in the Territory, and to advance their 

85 proportional amount of the said annuity for the balance of the 

86 term stipulated for its payment in the treaty aforesaid, whenever 

87 the Seminoles finally remove in compliance with the terms of the 

88 treaty concluded at Payne"'s Landing on 9th May, 1832. 

89 Article 4. If at any time hereafter the chiefs and warriors, 

90 parties to this agreement, should feel disposed to migrate from 

91 the Territory of Florida to the country allotted to the Creeks 

92 and Seminoles in Arkansas, should they elect to sell their grants 

93 of land as provided for in the first article of this treaty, they 

94 must defray from the proceeds of the sales of said land, or from 

95 their private resources all the expenses of their migration, sub- 

96 sistence, &c. — but if they prefer they may, by surrendering to 

97 the U. States all the rights and privileges acquired under the 

98 provisions of this agreement, become parties to the obligations,, 

99 provisions, and stipulations of the treaty concluded at Payne's 

100 Landing with the Seminoles on the 9th of JVIay, 1832, as a con- 

101 stitu^nt part of said tribe, and re-unite with said tribe in their 

102 new abode on the Arkansas. The U. States, in that event, 

103 agreeing to pay (3,000) three thousand dollars for the reserva- 

104 tion relinquished in the first article of this treaty, in addition to 

105 the rights and immunities the parties may acquire under the 

106 aforesaid treaty at Payne's Landing. 

107 Proclaimed April 12, 1834. 

108 Belinquishment, by certain chiefs, of land reserved by the treaty 

109 of 18tli Sept., 1823. 

110 The undersigned chiefs, for and in behalf of themselves and 

111 warriors, voluntarily relinquish all the privileges to which they 

112 are entitled, as parties to a treaty concluded at Camp Moultrie, on 

113 the 18th of,_September, 1823, and surrender to the United States 

114 all their right, title, and interest to a reservation of land made for 

115 their benefit in the additional article of the said treaty, and which 

116 isdescribed in said article as " commencing on the Chattahoochie, 

117 one mile below Econchatimico's house j thence up said river 

118 four miles ; thence one mile west j thence southerly to a point one 

119 mile west of the beginning ; thence east to the beginning point." 

120 Article 2. For and in consideration of said cession, the 

121 U. States agree to grant and to convey in three (3) years. 



122 by patent, to Bconchatimico, for the benefit of himself, sub- 

123 chiefs, and warriors, three sections of land, (or contiguous quar- 

124 ter and fractional sections containing a like quantity of acres,) 

125 to be laid off hereafter under the direction of the President of 

126 the U. States, so as to eaibrace the said chiefs' fields, im- 

127 provements, &c., after the lands shall have been surveyed, and 
12.8 the boundaries to correspond with the public surveys ; it being 

129 understood that the aforesaid chief may, with the consent and 

130 under the advisement of the executive of the Territory of Flor- 

131 ida, at any time previous to the expiration of the above three 

132 years, dispose of the said sections of land, and migrate to a 

133 country of their choice ; but that, should they remain on their 
IM lands, the U. States will, so soon as Blunt's band and the 

135 Seminoles generally have migrated under the stipulations of 

136 the treaty concluded with them, withdraw the immediate pro- 
-137 tection hitherto extended to the aforesaid chief, his sub-chiefs, 

138 and warriors, and that they thereafter become subject to the 

139 government and Jaws of the Territory of Florida, 

140 Article 3. The United States stipulate to continue to 

141 Bconchatimico, his sub-chiefs and warriors, their proportion of 

142 the annuity of (5,000) five thousand dollars to which they are en- 

143 titled under the treaty of Camp Moultrie, so long as the Semi- 

144 noles remain in the Territory, and to advance their proportional 

145 amount of said annuity for the balance of the term stipulated 

146 for its payment in the treaty aforesaid, whenever the Seminoles 

147 finally remove in compliance with the terms of the treaty con- 

148 eluded at Payne's Landing on 9th May, 1832. 

149 Article 4. If, at any time hereafter, the chiefs and 

150 warriors, parties .to this agreement, should feel disposed to mi- 

151 grate from the Territory of Florida to the country allotted to the 

152 Greeks and Seminoles in Arkansas ; should they elect to sell 

153 their grants of land as provided for in the first article of this 

154 treaty, they must defray from the proceeds of the sales of said 

155 land, or from their private resources, all the expenses of their 

156 migration, subsistence, &c. But, if they prefer, they may, by 

157 surrendering to the U. States all the rights and privileges 

158 acquired under the provisions of this agreement, become parties 

159 to the obligations, provisions, and stipulations of the treaty con- 

160 eluded at Payne's Landing with the Seminoles on the 9th May, 

161 1832, as a constituent part of said tribe, and re-unite with said 

162 tribe in their new abode on the Arkansas, the United States in 

163 that event agreeing to pay (3,000) three thousand dollars for the 

164 reservation relinquished in the first article of this treaty ; in ad- 

165 dition to the rights and immunities the parties may acquire 

166 under the aforesaid treaty at Payne's Landing. 



167 BLAOKFOOT. 

168 Franklin Pieboe, President of the United States of America, 

169 to all persons to whom these presents shall come, greeting : 

1 70 Whereas a treaty was made and concluded at the council- 
17 L ground on the Upper Missouri, near the mouth of the Judith 

172 Eiver, in the Territory of Nebraska, on the seventeenth day of 

173 October, in the year one thousand eight hundred and flfty-flve, be- 

174 tween A. Gumming and Isaac I. Stevens, commissioners on the 

175 part of the" United States, and the Blackfoot and other tribes 

176 of Indians, which treaty is in the words and figures following, 

177 to wit : 

178 Articles of agreement and coaventiou made and concluded at 

179 the council- ground on the Upper Missouri, near the mouth of the 
] 80 Judith Eiver, in the Territory of JTebraska, this seventeenth day 

181 of October, in the year one thousand eight hundred and ftfty- 

182 five, by and between A. Gumming and Isaac I. Stevens, commis- 

183 sioners duly appointed and authorized, on the part of the United 

184 States, and the undersigned chiefs, headmen, and delegates of 

185 the following nations and tribes of Indians, who occupy, for the 

186 purposes of hunting, the territory on the Upper Missouri and 

187 Yellowstone Elvers, and who have permanent homes, as follows : 

188 East of the Eocky Mountains, the Blackfoot Nation, consisting of 

189 the Piegan, Blood, Blackfoot, and Gros Ventres tribes of Indians ; 

190 west of the Eocky Mountains, the Flathead Nation, consisting 

191 of the Flathead, Upper Pend d'Oreille, and Kootenay tribes of 

192 Indians, and the" Nez Perc6 tribe of Indians, the said chiefs, 

193 headmen, and delegates, in behalf of and acting for said nations 

194 and tribes, and being duly authorized thereto by them. 

195 Aeticle 1. Peace, friendship, and amity shall hereafter exist 

196 between the United States and the aforesaid nations and tribes 

197 of Indians, parties to this treaty, and the same shall be per- 

198 petual. 

199 Article 2. The aforesaid nations and tribes of Indians, par- 

200 ties to this treaty, do hereby jointly and severally covenant that 

201 peaceful relations shall likewise be maintained amongthemselves 

202 in future ; and that they will abstain from all hostilities whatso- 

203 ever against each other, and cultivate mutual good- will and 

204 friendship. And the nations and tribes aforesaid do further- 

205 more jointly and severally covenant, that peaceful relations shall 

206 be maintained with and that they will abstain from all hostilities 

207 whatsoever, excepting in self-defense, against the foUowing- 

208 named nations and tribes of Indians, to wit : the Grows, Assine- 

209 boins, Grees, Snakes, Blackfeet, Sans Arcs, and Aunce-pa-pas 

210 bauds of Sioux, and all other neighboring nations and tribes of 

211 Indians. 



8 

212 Aetiole 3. The Blackfoot Nation consent and agree that all 

213 that portion of the country recognized and defined by the treaty 

214 of Laramie as Blackfoot territory, lying within lines drawn from 

215 the Hell Gate or Medicine Eock Passes in the main range of the 

216 Rocky Mountains, in an easterly direction to the nearest source 

217 of the Muscle Shell Biver, thence to the mouth of Twenty-five 

218 Yard Creek, thence up the Yellowstone Elver to its northern 

219 source, and thence along the main range of the Eocky Mountains, 

220 in a northerly direction, to the point of beginning, shall be a com- 

221 mon hunting-ground for ninety-nine years, where all the nations, 

222 tribes, and bands of Indians, parties to this treaty, may enjoy 

223 equal and uninterrupted privileges of hunting, fishing, and gath- 

224 ering fruit, grazing animals, curing meat, and dressing robes. 

225 They further agree that they will not establish villages, or in any 

226 other way exercise exclusive rights within ten miles of the north- 

227 ern line of the common hunting-ground, and that the parties to 

228 this treaty may hunt on said northern boundary line and within 

229 tea miles thereof. 

230 Provided, That the western Indians, parties to this treaty, 

231 may hunt on the trail leading down the Muscle Shell to the Yel- 

232 lowstone ; the Muscle Shell Elver being the boundary separating 

233 the Blackfoot from the Crow territory. 

334 And provided, That no nation, band, or tribe of Indians, par- 

235 ties to this treaty, nor any other Indians, shall be permitted to 

236 establish permanent settlements, or in any other way exercise, 

237 during the period above mentioned, exclusive rights or privileges 

238 within the limits of the above-described hunting-ground. 

239 And provided further, That the rights of the western Indians 

240 to a whole or a part of the common hunting-ground, derived 

241 from occupancy and possession, shall not be affected by this ar- 

242 tide, except so far as said rights may be determined by the 

243 treaty of Laramie. 

244 Article 4. The parties to this treaty agree and consent, 

245 that the tract of country lying within lines drawn from the Hell 

246 Gate or Medicine Eock Passes, in an easterly direction, to the 

247 nearest source of the Muscle Shell Eiver, thence down said 

248 river to its mouth, thence down the channel of the Missouri 

249 Eiver to the mouth of Milk Eiver, thence due north to the forty- 

250 ninth parallel, thence due west on said parallel to the main 

251 ■ range of the Eocky Mountains, and thence southerly along said 

252 range to the place of beginning, shall be the territory of the 

253 Blackfoot Nation, over which said nation shall exercise exclu- 

254 sive control, excepting as may be otherwise provided in this 

255 treaty. Subject, however, to the provisions of the third article 

256 of this treaty, giving the right to hunt, and prohibiting the es- 

257 tablishment of permanent villages and the exercise of any ex- 



9 

258 elusive rights witbiu tea miles of the northern line of the com- 

259 mon hunting-ground, drawn from the nearest source of the 

260 Muscle Shell liiver to the Medicine Eock Passes, for the period 

261 of ninety-nine years : 

262 Provided also, That the Assiniboins shall have the right of 

263 - hunting, in common with the Blackfeet, in the country lying 

264 between the aforesaid eastern boundary line, running from the 

265 mouth of Milk Eiver to the forty-ninth parallel, and a line 

266 drawn from the left bank of the Missouri Eiver, opposite 

267 the Bound Butte, north, to the forty-ninth parallel. 

268 Article 5. The parties to this treaty, residing west of the 

269 main range of the Eocky Mountains, agree and consent that 

270 they will not enter the common hunting-ground, nor any part of 

271 the Black foot territory, or return home, by any pass in the 

272 main range of the Eocky Mountains to the north of the Hell 

273 Gate or Medicine Eock Passes. And they further agree that 

274 they will not hunt or otherwise disturb the game, when visiting 

275 the Blackfoot territory for trade or social intercourse. 

276 Article 6. The aforesaid nations and tribes of Indians, 

277 parties to this treaty, agree and consent to remain within their 

278 own respective countries, except when going to or from, or 

279 whilst hunting upon, the "common hunting-ground," or when 

280 visiting each other for the purpose of trade or social inter- 

281 course. 

282 Article 7. The aforesaid nations and tribes of Indians agree 

283 that citizens of the United States may live in and pass un- 

284 molested through the countries respectively occupied and 

285 claimed by them. And the United States is hereby bound to 

286 protect said Indians against depredations and other unlawful 

287 acts which white men residing in or passing through their 

288 country may commit. 

289 Article 8. For the purpose of establishing travelling 

290 thoroughfares through their country, and the better to enable 

291 the President to execute the provisions of this treaty, the afore- 

292 said nations and tribes do hereby consent and agree, that the 

293 United States may, within the countries respectively occupied 

294 and claimed by them, construct roads of every description ; 

295 establish lines of telegraph and military posts ; use materials of 

296 every description found in the Indian country ; build houses 

297 for agencies, missions, schools, farms, shops, mills, stations, and 

298 for any other purpose for which they may be required, and per- 

299 manently occupy as much Jand as may be necessary for the 

300 various purposes above enumerated, including the use of wood 

301 for fuel and land for grazing, and that the navigation of all 

302 lakes and streams shall be forever free to citizens of the United 

303 States. 

2 I T 



10 

304 Aeticle 9. lu consideration of the foregoing agreements, 

305 stipulations, and cessions, and on condition of their faithful ob- 

306 servance, the United States agree to expend, annually, for the 

307 Piegan, Blood, Blackfoot, and Gros Ventres tribes of Indians, 

308 constituting the Blackfoot Nation, in addition to the goods and 

309 provisions distributed at the time of signing this treaty, twenty 

310 thousand dollars, annually, for ten years, to be expended in such 

311 useful goods and provisions, and other articles, as the Presi- 

312 dent, at his discretion, may from time to time determine; and 

313 the superintendent, or other proper officer, shall each year in- 

314 form the President of the wishes of the Indians in relation there- 

315 to : Provided, however, That if, in the judgment of the President 

316 and Senate, this amount be deemed insufScient, it may be in- 

317 creased not to exceed the sum of thirty-five thousand dollars per 

318 year. 

319 Article 10. The United States further agree to expend an- 

320 uually, for the benefit of the aforesaid tribes of the Blackfoot 

321 STation, a sum not exceeding fifteen thousand dollars annually, 

322 for ten years, in establishing and instructing them in agricul- 

323 tural and mechanical pursuits, and in educating their children, 

324 and in any other respect promoting their civilization and Chris- 

325 tianization : Provided, however, That to accomplish the objects 
.326 of this article, the President may, at his discretion, apply any 

327 or all the annuities provided for in this treaty: And provided, 

328 also, That the President may, at his discrestion, determine in 

329 what proportions the said annuities shall be divided among the 

330 several tribes. 

331 Aeticle 11. The aforesaid tribes acknowledge their depend- 

332 ence on the Government of the United States, and promise to 

333 be friendly with all citizens thereof, and to commit no depre- 

334 dations or other violence upon such citizens. And should any 

335 one or more violate this pledge, and the fact be proved to the 

336 satisfaction of the President, the property taken shall be re- 

337 turned, or, iu default thereof, or if injured or destroyed, com- 

338 pensation may be made by the Government out of the annuities. 

339 The aforesaid tribes are hereby bound to deliver such offenders 

340 to the proper authorities for trial and punishment, and are held 

341 responsible, in their tribal capacity, to make reparation for dep- 

342 redations so committed. 

343 Nor will they make war upon any other tribes except in self- 

344 defense, but will submit all matter of difference, between them- 

345 selves and other Indians, to the Government of the United 

346 States, through its agent, for adjustment, and will abide thereby. 

347 And4f any of the said Indians, parties to this treaty, commit 

348 depredations on any other Indians within the jurisdiction of the 

349 United States, the same rule shall prevail as that prescribed iu 



11 

350 this article ia case of depredations against citizens. And the 

351 said tribes agree not to shelter or conceal offenders against the 

352 laws of the United States, but to deliver them up to the author- 

353 ities for trial. 

354 Article 12. It is agreed and understood, by and between 

355 the parties to this treaty, that if any nation or tribe of Indians 

356 aforesaid shall violate any of the agreements, obligations, or 

357 stipulations, herein contained, the United States may withhold, 

358 for such length of time as the President and Congress may de- 

359 termine, any portion or all of the annuities agreed to be paid to 

360 said nation or tribe under the ninth and tenth articles of this 

361 treaty. 

302 Article 13. The nations and tribes of Indians, parties to 

363 this treaty, desire to exclude from their country the use of ardent 

364 spirits or other intoxicating liquor, and to prevent their people 

365 from drinking the same. Therefore it is provided, that any 

366 Indian belonging to said tribes who is guilty of bringing such 

367 liquor into the Indian country, or who drinks liquor, may have 
3G8 his or her proportion of the annuities withheld from him or her, 
3G9 for such time as the President may determine. 

370 Article 14. The aforesaid nations and tribes of Indians, 

371 west of the Eocky Mountains, parties to this treaty, do agree, in 

372 consideration of the provisions already made for them in existing 

373 treaties, to accept the guarantees of the peaceful occupation of 

374 their hunting-grounds, east of the Rocky Mountains, and of re- 

375 muneration for depredations made by the other tribes, pledged 

376 to be secured to them in this treaty out of the annuities of said 

377 tribes, in full compensation for the concessions which they, in 

378 conimou with the said tribes, have made in this treaty. 

379 The Indians east of the mountains, parties to tliis treaty, 

380 likewise recognize and accept the guarantees of this treaty, in ful 1 

381 compensation for the injuries or depredations which have been, 

382 or may be committed by the aforesaid tribes, west of the Eocky 

383 Mountains. 

384 Article 15. The annuities of the aforesaid tribes shall not 

385 be taken to pay the debts of individuals. 

386 Article 16. This treaty shall be obligatory upon the afore- 

387 said nations and tribes of Indians, parties hereto, from the date 

388 hereof, and upon the United States as soon as the same shall be 

389 ratified by the President and Senate. 

390 Proclaimed 25th April, 1856. 

391 Andrew Johnson, President of the United States of America, 

392 to all and singular to whom these presents shall come, 

393 greeting : 

394 Whereas a treaty was made and concluded at Fort Sully, in 



12 

395 the Territory of Dakota, oa the nineteenth day of October, iu 

396 the year of our Lord one thousand eight hundred and sixty-five, 

397 by and between Newton Edmunds, Edward B. Taylor, Major- 

398 General S. R. Curtis, Brigadier-General H. H. Sibley, Henry W. 

399 Eeed, and Orrin Guernsey, commissioners, on the part of the 

400 United States, and Wah-hali-chunk-i-ab-pee, (The one that is 

401 used as a Shield,) Wah-mun-dee-wak-ko-no, (The War Eagle in 

402 the Air,) and other chiefs and headmen of the Blackfeet band 

403 of Dakota or Sioux Indians, on the part of said band of Indians, 

404 and duly authorized thereto by them, which treaty is in the 

405 words and figures following, to wit : 

406 Articles of a treaty made and concluded at Fort Sully, in the 

407 Territory of Dakota, by and between Kewton Edmunds, gov- 

408 ernor and ex-offtcio superintendent of Indian affairs of Dakota 

409 Territory, Edward B. Taylor, superintendent of Indian affairs 

410 for the northern superintendency, Major-General S. R. Curtis, 

411 Brigadier-General H. H. Sibley, Henry W. Reed, and Orrin 

412 Guernsey, commissioners on the part of the United States, 

413 duly appointed by the President, and the undersigned chiefs 

414 and headmen of the Blaclifeet band of Dakota or Sioux In- 

415 dians. 

416 Aetiolb 1. The Blackfeet band of Dakota or Sioux Indians, 

417 represented in council, hereby acknowledge themselves to be 

418 subject to the exclusive jurisdiction and authority of the United 

419 States, and hereby obligate and bind themselves, individually 

420 and collectively, not only to cease all hostilities against the per-- 

421 sons and property of its citizens, but to use their influence, and, 

422 if necessary, physical force to prevent other bands of the Dakota 

423 or Sioux, or other adjacent tribes, from making hostile demon- 

424 strations -against the Government of the United States, or its 

425 people. 

426 Article 2. Inasmuch as the Government of the United 

427 States is desirous to arrest the effusion of blood between the 

428 Indian tribes within its jurisdiction hitherto at war with each 

429 other, the Blackfeet band of Dakota or Sioux, represented in 

430 council, anxious to respect the wishes of the Government, hereby 

431 agree and bind themselves to discontinue for the future all 

432 attacks upon the persons or property of other tribes, unless first 

433 assailed by them, and to use their influence to promote peace 

434 everywhere in the region occupied or frequented by them. 

435 ~ Article 3. All controversies or differences arising between 

436 the Blackfeet band of Dakota or Sioux, represented in council, 

437 and other tribes of Indians, involving the question of peace or 

438 war, shall be submitted for the arbitrament of the President, or 

439 such person or persons as may be designated by him, and the 



13 

440 decision or award faithfully observed by the said band repre- 

441 sented in council. 

442 Article 4. The said band, represented in council, shall with- 

443 draw from the routes overland, already established or hereafter 

444 to be established, through their country, and in consideration 

445 thereof the Government of the United States agree to pay to 

446 the said band the sum of seven thousand dollars annually, for 

447 twenty years, in such articles as the Secretary of the Interior 

448 may direct: Provided, That said band, so represented in council, 

449 shall faithfully conform to the requirements of this treaty. 

450 Akticle 5. Any amendment or modification of this treaty 

451 by the Senate of the United States shall be considered final and 

452 binding upon the said band represented in council, as a part of 

453 this treaty, in the same manner as if it had been subsequently 

454 presented and agreed to by the chiefs and headmen of said 

455 natioii. 

456 Proclaimed 17 March, 1860. 



457 BELANTSE-ETOA. 

458 Treaty with the Belantse-etoa or Minnetsaree Tribe. 

459 Whereas acts of hostility have been committed, by some 

460 restless men of the Belantse-etea or Minnetaree tribe of Indians, 

461 upon some of the citizens of the United States : Therefore, to 

462 xDut a stop to any further outrages of the sort, and to establish 

463 a more friendly understanding between the United States and the 
404 said Belantse-etea or Minnetaree tribe, the President of the 

465 United States, by Henry Atkinson, brigadier-general of the 

466 United States Army, and Major Benjamin O'Eallon, Indian 
407 agent, commissioners duly appointed and commissioned to treat 

468 with the Indian tribes beyond the Mississippi River, forgive the 

469 offences which have been committed, the chiefs and warriors 

470 having first made satisfactory explanations touching the same- 

471 And, for the purpose of removing all future cause of misuuder- 

472 standing, as resj)ects trade and friendly intercourse, between the 

473 parties, the above-named commissioners, onthepartof the United 

474 States, and the undersigned chiefs and warriors of the Belautse. 

475 etea or Minnetaree tribe of Indians, on the part of said tribe, 

476 have made and entered into the following articles and condi- 

477 tions; which, when ratified by the President of the United 

478 States, by and with the advice and consent of the Senate, shall 

479 be binding to both parties, to wit : 

480 Aeticle 1. Henceforth there shall be a firm and lasting 

481 peace between the United States and the Belantse-etea or Min- 

482 netaree tribe of Indians 5 and a friendly intercourse shall imme- 

483 diately tate place between the parties. 



14 

484 Article 2. It is admitted by the Belantse-etea or Minne- 

485 taree tribe of Indians, that they reside within the territorial 

486 limits of the United States, acknowledge their supremacy, and 

487 claim their protection. The said tribe also admit the right of 

488 the United States to regulate all trade and intercourse with 

489 them. 

490 Article 3. The United States agree to receive the Belantse. 

491 etea or Minnetaree tribe of Indians into their friendship, and 

492 under their protection, and to extend to them, from time to 

493 time, such benefits and acts of kindness as may be convenient, 

494 and seem just and proper to the President of the United States. 

495 Article 4. All trade and intercourse with the Belantse-eta 

496 or Minnetaree tribe shall be transacted at such place "or places 

497 as may be designated and pointed out, by the President of the 

498 United States, through his agents; and none but American 

499 citizens, duly authorized by the United States, shall be admitted 

500 to trade or hold intercourse with said iiribe of Indians. 

501 Article 5. That the Belantse-eta or Minnetaree tribe may 

502 be accommodated with such articles of merchandize,. &c., as their 

503 necessities may demand, the United States agree to admit and 

504 licence traders to hold intercourse with said tribe, under mild 

505 and equitable regulations : in consideration of which, the Bel- 

506 antse-eta or Minnetaree tribe bind themselves to extend protec- 

507 tion to the persons and the property of the traders, and the per- 

508 sons legally employed under them, whilst they remain within the 

509 limits of their district of country. And the said Belantse-eta or 

510 Minnetaree tribe further agree, that if any foreigner or other 

511 person, not legally authorized by the United States, shall come 

512 into their district of country, for the purposes of trade or other 

513 views, they will apprehend such person or persons, and deliver 

514 him or them to some United States superintendent or agent of 

515 Indian affairs, or to the commandant of the nearest military 

516 post, to be dealt with according to law. And they further agree 

517 to give safe conduct to all persons who may be legally author- 

518 ized by the United States to reside temporarily among them. 

519 Article 6. That the friendship which is now established 

520 between the United States and the Belantse eta or Minnetaree 
521 , tribe shall not be interrupted by the misconduct of individuals, 

522 it is hereby agreed that for injuries done by individuals 

523 no private revenge or retaliation shall take place, but instead 

524 thereof complaints shall be made by the party injured to the 

525 superintendent or agent of Indian affairs, or other person ap- 

526 pointed by the President ; and it shall be the duty of the said 

527 chiefs, upon complaint being made as aforesaid, to deliver up 

528 the person or persons against whom the complaint is made, to 

529 the end that he or they may be punished, agreeably to the laws 



15 

530 of the United States. And, in like manner, if any robbery, 

531 violence, or murder, shall be committed on any Indian or Indians 

532 belonging to said tribe, the person or persons so offending shall 

533 be tried, and, if found guilty, shall be punished in like manner 

534 as if the injury had been done to a white man. And it is agreed 

535 that the chiefs of the said Belantse-eta or Minnetaree tribe shall, 

536 to the utmost of their power, exert themselves to recover horses, 

537 or other property, which may be stolen or taken from any citi- 

538 zen or citizens of the United States by any individual or indi- 

539 viduals of said tribe ; and the property so recovered shall be 

540 forthwith delivered to the agents or other person authorized to 

541 receive it, that it may be restored to the proper owner. And 

542 the United States hereby guarantee to any Indian or Indians of 

543 said tribe a full indemnification for any horses or other property 

544 which may be stolen from them by any of their citizens : Pro- 

545 tided, That the property so stolen cannot be recovered, and that 

546 suflficieut proof is produced that it was actually stolen by a citi- 

547 zen of the United States. And the said Belantse-eta or Minne- 

548 taree tribe engage, on the requisition or demand of the President 

549 of the United States, or of the agents, to deliver up any white 

550 man resident among them. 

551 Aeticle 7. And the chiefs and warriors as aforesaid promise 

552 and engage that their tribe will never, by sale, exchange, or as 
553, presents, supply any nation, tribe, or band of Indians not in 

554 amity with the United States with guns, ammunition, or other 

555 implements of war. 

556 Proclaimed Feb'y 6, 1826. 



557 OADDOS. 

558 Articles of a treaty made at the agency-house in the Caddo Nation 

559 and State of Louisiana, on the first day of July, in the year 

560 of our Lord one thousand eight hundred and thirty five, be- 

561 tween Jehiel Brooks, commissioner on the jpart of the United 

562 (States, and the chiefs, head-men, and warriors of the Caddo 

563 Nation of Indians. 

564 Akticle 1. The chiefs, head-men, and warriors of the said 

565 nation agree to cede and relinquish to the United States all 

566 their land contained in the following boundaries, to wit : 

567 Bounded on the west by the north and south line which 

568 separates the said United States from the republic of Mexico 

569 between the Sabine and Eed Elvers, wheresoever the same shall 

570 be defined and acknowledged to be by the two governments. 

571 On the north and east by the Eed Eiver from the point where 



16 

572 the said north and south boundary-line shall intersect the Eed 

573 Eiver, whether it be in the Territory of Arkansas or the State of 

574 Louisiana, following the meanders of the said river down to its 

575 function with the Pasoagoula Bayou. On the south by the 

576 ^aid Pascagoula Bayou to its junction with the Bayou Pierre, 

577 by said bayou to its junction with Bayou Wallace, by said bayou 

578 and Lake Wallace to the mouth of the Cypress Bayou, thence 

579 up said bayou to the point of its intersection with the flrst-men- 

580 tioned north and south line, following the meanders of the said 

581 water-courses; but if the said Cypress Bayou be not 'clearly 

582 definable, so far, then, from a point which shall be definable by a 

583 line due west till it intersect the said first-mentioned north and 

584 south boundary-line, be the contents of land within said bounda- 

585 ries more or less. 

58G Akticlb 2. The said chiefs, head-men, and warriors of the 

587 said nation do voluntarily relinquish their possession to the ter- 

588 ritory of land aforesaid, and promise to remove at their own ex- 

589 pense out of the boundaries of the United States and the terri- 

590 tories belonging and appertaining thereto within the period of 

591 'one year from and after the signing of this treaty, and never 

592 more return to live, settle, or establish themselves as a nation , 

593 tribe-, or community of people within the same. 

594 AbticI/B 3. In consideration of the aforesaid cession, relin- 

595 quishment, and removal, it is agreed the said United States shall 

596 pay to the said nation of Caddo Indians the sums in goods, 

597 horses, and money hereinafter mentioned, to wit : 

598 Thirty thousand dollars, to be paid in goods and horses, as 

599 agreed upon, to be delivered on the signing of this treaty. 

600 Ten thousand dollars in money, to be paid within one year 

601 from the first day of September next. 

602 Ten thousand dollars per annum in money for the four years 

603 next following, so as to make the whole sum paid and payable 

604 eighty thousand dollars. 

605 Article 4. It is further agreed that the said Caddo Nation 

606 of Indians shall have authority to appoint an agent or attorney 

607 in fact, resident within the United States, for the purpose of re- 

608 ceiving for them from the said United States all of the annui- 

609 ties stated in this treaty, as the same shall become due, to be 

610 paid to their said agent or attorney in fact at such place or places 

611 within the said United States as shall be agreed on between 

612 him and the proper ofiicer of the Government of the United 

613 States. 

614 Article 5. This treaty, after the same shall have been rati- 

615 fied and confirmed by the President and Senate of the United 

616 States, shall be binding on the contracting parties. 

617 Agreeably to the stipulations in the third article of the treaty. 



17 

618 there have been purchased at the request of the Caddo Indians, 

619 and delivered to them, goods and horses to the amount of thirty 

620 thousand dollars. 

621 As evidence of the purchase and delivery as aforesaid, under 

622 the direction of the commissioner, and that the whole of the same 

623 have been received by the said Indians, the said commissioner, 

624 Jehiel Brooks, and the undersigned chiefs and head-men of the 

625 whole Caddo Nation of Indians, have hereunto set their hands 

626 and affixed their seals the third day of July, in the year of our 

627 'Lord one thousand eight hundred and thirty-five. 



628 Articles supplennentary to the treaty made at the agency-house in the 

629 Caddo Nation and State of Louisiana on the first day of July, 

630 one thousand eight hundred and thirty five, between Jehiel Brooks, 

631 commissioner on the part of the United States, and the chiefs 

632 headmen, and warriors of the Caddo Nation of Indians, con- 

633 eluded at the same place and on the same day between the said 

634 commissioner on the part of the United States, and the chiefsi 

635 head-men, and warriors of the said Nation of Indians, to wit : 

636 \Yhereas the said nation of Indians did, in the year one 

637 thousand eight hundred and one, give to one Frangois Grappe and 
C38 to his three sons then born and still living, named Jacques, 

639 Dominique, and Belthazar, for reasons stated at the time and 

640 repeated in a memorial which the said nation addressed to the 

641 President of the United Slates in the month of January last, 
043 one league of land to each, in accordance with the Spanish cus- 
C43 torn of granting land to individuals; that the chiefs and head. 
644 men, with the knowledge and approbation of the whole Caddo 
045 people, did go with the said Prangois G-rappe, accompanied by a 
646 number of white men, who were invited by the said chiefs and 
047 head-men to be present as witnesses, before the Spanish authority 

648 at jSTatchitoches, and then and there did declare their wishes 

649 touclung the said donation of land to the said Grappe and his 

650 three sons, and did request the same to be written out in form 

651 and ratified and confirmed by the proper authorities agreeably 

652 to law; and 

053 Whereas Larkin Edwards has resided for many years to 

654 the present time in the Caddo Xation — was a long time th^eir true 

055 and faithful interpreter, and though poor he has never sent the 

656 red man away from his door hungry. He is now old and unable 

657 to support himself by manual labor, and since his employment 

658 as their interpreter has ceased, possesses no adequate means by 
(io9 which to live : Now, therefore, 

660 Article 1. It is agreed that the legal representatives of 

661 the said Frangois Grappe, deceased, and his three sons, Jacques, 

3 I T 



- 18 

662 Dominique, and Belthazar Grappe, shall have their right to the 

663 said four leagues of land reserved to them and their heirs and 

664 assigns forever. The said land to be taken out of the lands 

665 ceded to the United States by the said Oaddo IsTation of Indians, 

666 as expressed in the treaty to which this article is supplementary. 

667 And the said four leagues of land shall be laid off" in one body 

668 in the southeast corner of their lands ceded as aforesaid, and 

669 bounded by the Eed Eiver four leagues, and by the Pascagoula 

670 Bayou one league, running back for quantity from each, so as to 

671 contain four square leagues of land, in conformity with the 

672 boundaries established and expressed in the original deed of gift 

673 made by the said Caddo Nation of Indians to the said Frangois 

674 Grappe and his three sons, Jacques, Dominique, and Belthazar 

675 Grappe. 

676 Aeticle 2. And it is further agreed that there shall be 

677 reserved to Larkin Edwards, his heirs and assigns, forever, one 

678 section of land, to be selected out of the lands ceded to the 

679 United States by the said nation of Indians, as expressed in the 

680 treaty to which this article is supplementary, in any part thereof 

681 not otherwise appropriated by the provisions contained in these 

682 supplementary articles. 

683 Aktiglb 3. These supplementary articles, or either of them, 

684 after the same shall have been ratified and confirmed by the 

685 President and Senate of the United States, shall be binding on 

686 the contracting parties, otherwise to be void and of no effect 

687 upon the validity of the original treaty to which they are sup- 

688 plementary. 

689 Proclaimed February 2, 1836. 



690 CALAPOOIAS. 

691 Franklin Piebce, President of the United States of America, 

692 to all and singular to whom these presents shall come, 

693 greeting : 

694 Whereas a treaty was made and concluded at Dayton, Ore- 

695 gou Territory, in the month of January, eighteen hundred and 

696 fifty-five, by Joel Palmer, superintendent of Indian affairs, on 

697 the part of the United States, and the chiefs of the confederated 

698 bands of Indians residing in the Willamette Valley, which treaty 

699 is in the words following, to wit : 

700 Articles of agreement and convention made and concluded 

701 at Dayton, Oregon Territory, by Joel Palmer, superintendent of 

702 Indian affairs, on the part of the United States, and the follow- 

703 iiignamed chiefs of the confederated bands of Indians residing 

704 in the Willamette Valley, they being duly authorized thereto by 



1-9 . 

705 their respective bauds, to wit: Ki-a-kuts, Le Medecin, and Yat- 

706 skaw, or Dave, chiefs of the Tualatin band of Calapooias; 

707 Shap-h, or William, Shel-keah, or David, and Cha-ah, or Jesse, 

708 chiefs of the Yam Hill band ; Dabo, or Jim, Sco-la-quit, or John, 

709 and Yah-kow, or Kompetine, chiefs of the Che-luk-i-ma-uke 

710 baud ; Ah-mo, or George, Himpher, or Hubbard, and Oh-no, or 

711 Tim, chiefs of the Ohep-en-a-pho or Marysville band; Ma-mah- 

712 mo, or Charley Peter, Cha-che-clue, or Tom, and Quiueflat, or 

713 Ben, chiefs of the Chem-a-pho or Maddy baud ; Luck-a-ma-foo, 

714 or Autoiue, and Hoo-til, or Charley, chiefs of the Che-lam-e-la 

715 or Long Tom baud, all of the Calapooias ; Quia-qua-ty, Yalkus, 

716 and Kow-ka-ma, or Long Hair, chiefs of the Mo-lal-la band of 

717 Mo-lal-las ; Kiles, or Jim, and Kow-ah-tough, or John, chiefs of 

718 the Calapooia band of Calapooias; Auta-quil-al-la, or John, and 

719 Mequah, of the Winnefelly and Mohawk bands; Yack-a-tee, or 

720 Sam, To-phor, or Jim Brown, aud Hal-la-be, or Doctor, of the 

721 Tekopa band; Pulk-tah, of the Chafan band of the Calapooia 

722 tribe ; Tum-walth and 0-ban-a-hah, chiefs of the Wah-lal-la band 

723 of Turn-waters; Watch-a-no, Te-ap-i-nick, aud Wal-lah-pi-coto, 

724 chiefs of the Clack-a-mas tribe ; Lallak and Cuck-a-mau-na, or 

725 David, of the Olow-we-wal-la or Willamette Tum-water band ; 

726 Tow-ye-col-la, or Louis ; Yelk-ma, or Jo, La-ham, or Tom, Joseph 

727 Sauegertta, PuUican, Te-na, or Kiles, Pul-kup-li-ma, or John, 

728 Sallaf, or Silas, Hoip-ke-nek, or Jack, Yepta, aud Sat-invose, or 

729 James, chiefs aud head- men of the Santiam bands of Calapooias. 

730 Aeticle 1. The above-namedconfederatedbandsof Indians 

731 cede to the United States all their right, title, and claim to all 

732 and every part of the country included in the following bounda- 

733 ries, to wit : 

734 Commencing in the middle of the main channel of the Colum- 
735' bia River, opposite the mouth of the first creek emptying into 

736 said river from the south below Oak Point, thence south to the 

737 first standard parallel north of the base-line in the Government 

738 survey, thence west to the summit of the Coast Range of mouut- 

739 ains, thence southerly along the summit of said range to the 

740 Calapooia Mountains, thence easterly along the summit of said 

741 mountains to the summit of the Cascade Mountains, thence along 

742 said summit northerly, to the middle of the Columbia River, at 

743 the Cascade Falls, and thence down the middle of said river to 

744 the place of beginning: 

745 Provided, however, That said bands be permitted to remain 

746 within the limits of the country ceded, and on such temporary 

747 reserves as may be made for them by the superintendent of 

748 Indian affairs, until a suitable district of country shall be desig- 

749 nated for their permanent home, and proper improvements 

750 made thereon : And provided, That the United States make 



- 20 

751 proper provision for the security of their persons and property 

752 from the hostile attacks of Indians of other tribes and bands. 

753 At which time, or when thereafter directed by the snperintend- 

754 ent of Indian affairs, or agent, said confederated bands engage 

755 peaceably, and without expense to the United States other than 

756 that provided for in this treaty, to vacate the country hereby 

757 ceded, and remove to the district which shall be designated for 

758 their permanent occupancy. 

759 Aeticle 2. In consideration of, and payment for, the 

760 country herein described, the United States agree to pay to the 

761 bands and tribes of Indians claiming territory and residing in 

762 said country, the several sums of money following, to wit : 

763 Ten thousand dollars per annum for the first five years, 

764 commencing on the first day of September, 1855. 

765 Eight thousand dollars per annum for the term of five years 

766 next succeeding the first iive. 

767 Six thousand five hundred dollars per annum for the term 

768 of five years next succeeding the second five. 

769 Five thousand five hundred dollars per annum for the term 

770 of five years next succeeding the third five. 

771 All of which several sums of money shall be expended for 

772 the use and benefit of the confederated bands, under the direc- 

773 tion of the President of the United States, who may, from time 

774 to time, at his discretion, determine what proportion thereof 

775 shall be expended for such objects as in his judgment will pro- 

776 mote their well-being, and advance them in civilization, for their 

777 moral improvement and education, for buildings, opening and 

778 fencing farms, breaking land, providing stock, agriculturalim- 

779 plements, seeds, &c. ; for clothing, provisions, and tools ; for 

780 medical purposes ; providing mechanics and farmers, and for 

781 arras and ammunition. 

782 The United States agree to pay said Indians the additional 

783 sum of fifty thousand dollars, a portion whereof shall be ex- 

784 pended for such articles as the superintendent of Indian affairs 

785 shall furnish the Indians, as soon as practicable after the sign- 

786 ing of this treaty ; and in providing, after the ratification there- 

787 of, and while the Indians shall reside on the temporary reserves 

788 that may be assigned them, horses, oxen, and other stock, 

789 wagons, agricultural implements, clothing, and provisions, as 

790 the President may direct; andfor erecting on the tract that may 

791 be selected as their permanent homes, mills, shops, school-houses 

792 a hospital, and other necessary buildings, and making improve- 

793 ments ; for seeds, stock, and farming operations thereon ; for 

794 paying for the permanent improvements of settlers, should any 

795 such be on said tract at the time of its selection; to pay the 

796 expenses of the removal of the Indians thereto, and in jirovid- 



21 

797 ing for their subsistence thereon for the first year after their re- 

798 moval : Provided, however, That if any band or bands of In- 

799 dians, residing on or claiming any portion or portions of the 

800 country described in article iirst, shall not accede to the terms 

801 of this treaty, then the bands becoming parties hereunto agree 

802 to receive such part of the several annual and other payments 

803 herein named, as a consideration for theentire country described 

804 as aforesaid, as shall be in the proportion that their aggregate 

805 number may bear to the whole number of Indians residing in 

806 and claiming the entire country aforesaid, as consideration and 

807 payment in fall for the tracts in said country claimed by them : 

808 And provided, Any of the bands becoming parties to this treaty 

809 establish a legitimate claim to any portion of the country north 

810 of the Columbia Eiver, that the amount to which they may be 

811 entitled as a consideration for such country, in any treaties here- 

812 after entered into with the United States, shall be added to the 

813 annuities herein provided for. 

814 Article 3. In addition to the considerations specified, the 

815 United States agree to provide for the employment, for the term 

816 of five years from and after the removal of said Indians to their 

817 permanent reserve, of a physician, a school-teacher, a black- 

818 smith, and a superintendent of farming operations. 

819 Article 4. The President may, from time to time, at his 

820 discretion, cause the whole, or such i)ortion as he may think 

821 proper, of the tract that may hereafter be set apart as the per- 

822 manent home of these Indians, to be surveyed into lots, and 

823 assign them to such Indians of the confederated bands as may 

824 wish to enjoy the privilege, and locate thereon permanently ; to 

825 a single person, over twenty-one years of age, twenty acres; to 

826 a family of two persons, forty acres ; to a family of three, and 

827 not exceeding five persons, fifty acres ; to a family of six per- 

828 sons, and not exceeding ten, eighty acres; and to each family 

829 over ten in number, twenty acres for each additional three mem. 

830 bers. And the President may provide such rules and regula- 

831 tions as will secure to the family, in case of the death of the 

832 head thereof, the possession and enjoyment of such permanent 

833 home and the improvements thereon ; and he may, at any time, 

834 at his discretion, after such person or family has made location 

835 on the land assigned as a permanent home, issue a patent to 

836 such person or family, for such assigned land, conditioned that 

837 the tract shall not be aliened or leased for a longer time than 

838 two years, and shall be exempt from levy, sale, or forfeiture ; 

839 which conditions shall continue in force until a State constitu- 

840 tion, embracing such lands within its boundaries, shall have 

841 been formed, and the legislature of the State shall remove the 

842 restrictions : Provided, however, That no state legislature shall 



22 

843 remove the restrictions herein provided for, without the consent 

8M of Congress. And if any such family shall at any time neglect 

845 or refuse to occupy or till a portion of the land assigned, and 

846 on which they have located, or shall rove from place to place, 

847 the President may, if the patent shall have been issued, revoke 

848 the same: or, if not issued, cancel the assignment; and may 

849 also withhold from such person or family their proportion of the 

850 annuities or other moneys due them, until they shall have re- 

851 turned to such permanent home, and resume the pursuits of in- 

852 dustry ; and in default of their return, the tract may be declared 

853 abandoned, and thereafter assigned to some other person or 

854 family of the Indians residing on the reserve. 

855 Article 5. The annuities of the Indians shall not be taken 

856 to pay the debts of individuals. 

857 Article 6. The confederated bands acknowledge their de- 

858 pendence on the government of the United States, and promise 

859 to be friendly with all the citizens thereof, and pledge them- 

860 selves to commit no depredations on the property of such citi- 

861 zens. And should any one or more of the Indians violate this 

862 pledge, and the fact be satisfactorily proven before the agent, 

863 the property taken shall be returned, or in default thereof, or if 

864 injured or destroyed, compensation may be made by the Govern- 

865 ment out of their annuities. Nor will they make war on any 
860 other band or tribe of Indians, except in self-defence, but will 

867 submit all matters of difference between them and other Indians 

868 to the Government of the United States, or its agent, for de- 

869 cision, and abide thereby. And if any of said Indians commit 

870 any depredations on any other Indians, the same rule shall pre- 

871 vail as that prescribed in this article in case of depredations 

872 against citizens. Said Indians further engage to submit to and 

873 observe all laws, rules, and regulations which may be prescribed 

874 by the United States for the government of said Indians. 

875 Article. 7. In order to prevent the evils of intemperance 

876 among said Indian's, it is hereby provided that any one of them 

877 who shall drink liquor, or procure it for other Indians to drink, 

878 may have his or her proportion of the annuities withheld from 

879 him or her for such time as the President may determine. 

880 Article 8. The said confederated bands agree that when a 

881 permanent reserve shall be assigned them, all roads, highways, 

882 and railroads,- demanded at any time by the public convenience, 

883 shall have the right of way therein, a just compensation being 

884 made therefor. 

885 Article 9. This treaty shall be obligatory on the coutract- 

886 ing parties as soon as the same shall be ratified by the President 

887 and Senate of the United States, 

888 Proclaimed April 10, 1855. 



23 



889 (JHASTAS. 

890 Franiclin Pierce, President of the United States of America, 

891 to all persons to whom these presents shall come, greeting : 

892 Whereas a treaty was made and concladed, at the council- 

893 ground, opposite the mouth of Applegate Greek, on Eogue Eiver, 

894 in the Territory of Oregon, on the eighteenth day of November, 

895 eighteen hundred and flfty-four, between the United States and 

896 the Ohasta and other tribes of Indians, which treaty is in the 

897 words following, to wit : 

898 Articles of a convention and agreement made and concluded 

899 at the council-ground, opposite the mouth of Applegate Greek, 

900 on Eogue Eiver, in the Territory of Oregon, on the eighteenth 
901' day of November, one thousand eight hundred and flfty-four, by 

902 Joel Palmer, superintendent of Indian affairs, on the part of 

903 the United States, and the chiefs and head-men of the Quil-si- 

904 eton and Na-hel-ta bands, of the Ohasta tribe of Indians, the 

905 Gow-nan-ti-co, Sa-cher-i-ton, and Na-al-ye bands of Scotons, and 

906 the Grave Creek band of Umpquas, to wit, Jes-tul-tut, or Little 

907 Ghief, Ko-ueche-quot, or Bill, Se-sel-che-tel, or Salmon Fisher, 

908 Kul-kiam-i-na, or Bush-head, Te-pokonta, or Sam, and Jo, they 

909 being duly authorized thereto by said united bands. 

910 Article 1. The aforesaid united bands cede to the United 

911 States all their country, bounded as follows : 

912 Gommenciug at a point in the middle of Eogue Eiver, one 

913 mile below the mouth of Applegate Greek ; thence northerly, on 

914 the western boundary of the country heretofore purchased" of 

915 the Eogue Eiver tribe by the United States, to the head- waters 

916 of Jump-Off-Jo Greek; thence westerly to the extreme north- 

917 eastern limit of the country purchased of the Gow Greek band 

918 of Umpquas; thence along that boundary to its extreme south- 

919 western limit ; thence due west to a point from which a line run- 

920 ning due south would cross Eogue Ifflver, midway between the 

921 mouth of Grave Greek and the great bend of Eogue Eiver; 

922 thence south to the southern boundary of Oregon ; thence east 

923 along said boundary to the summit of the main ridge of the 

924 Siskiou Mountains, or until this line reaches the boundary of 

925 the country purchased of the Eogue Eiver tribe; thence north- 

926 erly along the western boundary of said purchase to the i)lace of 

927 beginning. 

928 Article 2. The said united bands agree that, as soon af- 

929 ter the ratification of this convention as practicable, they will 

930 remove to such portion of the Table Eock reserve as may be as- 

931 signed them by the superintendent of Indian affairs or agent, 

932 or to whatsoever other reserve the President of the United 

933 States may at any time hereafter direct. 



24 

934 Aktiole 3. In consideration of and payment for the coun- 

935 try herein ceded, the United States agree to pay to the said 

936 united bands the sum of two thousand dollars annually for flf- 

937 teeu years, from and after the first day of September, one thou- 

938 sand eight hundred and fifty-five, which annuities shall be added 

939 to those secured to the Eogue Eiver tribe by the treaty of the 

940 10th September, 1853, and the amount shared by the members 

941 of the united bands and of the Eogue Eiver tribe, jointly and 

942 alike ; said annuities to be expended for the use and benefit of 

943 said bands and tribe in such manner as the President may from 

944 time to time prescribe ; for provisions, clothing, anxl merchan- 

945 dise ; for buildings, opening and fencing farms, breaking land, 

946 providing stock, agricultural implements, tools, seeds, and such 

947 other objects as will in his judgment promote the comfort and 

948 advance the prosperity and civilization of said Indians. The 

949 United States also agree to appropriate the additional sum of 

950 five thousand dollars, for the payment of the claims of persons 

951 whose property has been stolen or destroyed by any of the said 
953 united bands of Indians since the first day of January, 1849 ; 

953 such claims to be audited and adjusted in such manner as the 

954 President may prescribe. 

955 Article 4. When said united bands shall be required to 

956 remove to the Table Eock reserve or elsewhere, as the President 

957 may direct, the further sum of six thousand five hundred dol- 

958 lars shall be expended by the United States for provisions to 

959 aid in their subsistence during the first year they shall reside 

960 thereon- ; for the erecting of necessary buildings, and the break- 

961 ing and fencing of fifty acres of land, and providing seed to 

962 plant the same, for their use and benefit, in common with the 

963 other Indians on the reserve. 

964 Article 5. The United States engage that the following 

965 provisions, for the use and benefit of all Indians residing on the 

966 reserve, shall be made : 

967 An experienced farmer shall be employed to aid and in- 

968 struct the Indians in agriculture for the term of fifteen years. 

969 Two blacksmith-shops shall be erected at convenient points 

970 on the reserve," and furnished with tools and the necessary stock, 

971 and skilful smiths employed for the same for five years. 

972 A hospital shall be erected, and proper provision made for 

973 medical purposes, and the care of the sick for ten years. 

974 School-houses shall be erected, and qualified teachers em- 

975 ployed to instruct children on the reserve, and books and sta- 

976 tionery furnished for fifteen years. 

977 All of which provisions shall be controlled by such laws, 

978 rules, or regulations as Congress may enact or the President 

979 prescribe. 



25 

980 Articlk a. Tlio Piesideut may, from time to time, at his 

981 discretion, direct the surveying of a part or all of the agricultural 

982 lands on said reserve, divide the same into small farms of from 

983 twenty to eighty acres, according to the number of persons in a 

984 family, and assign them to such Indians as are willing to avail 

985 themselves of the privilege and locate thereon as a permanent 

986 home, and to grant them a patent therefor under such laws and 

987 regulations as may hereafter be enacted or prescribed. 

988 Abticle 7. The annuities of the Indians shall not be taken 

989 to pay the debts of individuals. 

990 Article 8. The said united bauds acknowledge themselves 

991 subject to the Government of the United States, and engage to 

992 live in amity with the citizens thereof, and commit no depreda- 

993 tions on the propierty of said citizens ; and should any Indian or 

994 Indians violate this pledge, and the fact be satisfactorily proven, 

995 the property shall be returned, or if not returned, or if injured or 

996 destroyed, compensation may be made therefor out of their annui- 

997 ties. They also pledge themselves to live peaceably with one 

998 another, and^with other Indians, to abstain from war and private 

999 acts of revenge, and to submit all matters of difference between 

1000 -themselves and Indians of other tribes and bands to the decision 

1001 of the United States or the agent, and to abide thereby. It is also 

1002 agreed that if any individual shall be found guilty of bringing 

1003 liquor into their country, or drinking the same, his or her 
1001 annuity may be withheld during the pleasure of the President. 

1005 Aeticle 9. This convention shall be obligatory on the con- 

1006 tracting parties from and after its ratification by the President 

1007 and Senate of the United States. 

1008 Proclaimed April 10, 1855. 



1003 OHBROKEES. 

1010 Articles concluded at Hopewell, on the Keowee, between Benjamin 

1011 HawTcins, Andrew Pickens, Joseph Martin, and Lachlane 

1012 IVIntosli, commissioners plenipotentiary of the United States 

1013 of America, of the one part, and the head-men and icarriors of 

1014 all the GheroJcees of the other. 

1015 The commissioners plenipotentiary of the United States in 

1016 Congress assembled, give peace to all the Cherokees, and re- 

1017 ceive them into the favour and protection of the United States of 

1018 America, on the following conditions : 

1019 Article 1. The head-men and warriors of all the (Jherokees 

1020 shall restore all the prisoners, citizens of the United States, or 

1021 subjects of their allies, to their entire liberty : They shall also 

1022 restore all the negroes, and all other property taken during the 
4 I T 



26 

1023 late war from the citlzeus, to saoh person, and at such time and 

1024 place as the commissioners shall appoint. 

1025 Akticle 2. The commissioners of the United States in 

1026 Congress assembled shall restore all the prisoners taken from 

1027 the Indians, during the late war, to the head-men and warriors 

1028 of the Cherokees, as early as is practicable. 

1029 Article 3. The said Indians, for themselves and their re- 

1030 spective tribes and towns, do acknowledge all the Cherokees to 

1031 be under the protection of the United States of America, and of 

1032 no other sovereign whosever. 

1033 Article 4. The boundary allotted to the Cherokees for 

1034 their hunting-grounds between the said Indians and the citizens 

1035 of the United States^ within the limits of the United States of 

1036 America, Is, and shall be the following, viz : Beginning at the 

1037 mouth of Duck Eiver, on the Tennessee 5 thence running north - 

1038 east to the ridge dividing the waters running into Cumberland 

1039 from those running into the Tennessee ; thence eastwardly 

1040 along the said ridge to a northeast line to be run, which shall 

1041 strike the river Cumberland forty miles aboye Nashville j thence 

1042 along the said line to the river ; thence up the said river to the 

1043 ford where the Kentucky road crosses the river ; thence to*Camp- 

1044 bell's line, near Cumberland Gapj thence to the mouth of 

1045 Claud's Creek on Holstein ; thence to the Chimney-Top Mountain ; 

1046 thence to Camp-Creek, near the mouth of Big Limestone, on 

1047 Nolichuckey ; thence a southerly course six miles to a mountain ; 

1048 thence south to the North Carolina line ; thence to the South 

1049 Carolina Indian boundary, and along the same southwest over 

1050 the top of the Oconee Mountain till it shall strike Tugaloo Eiver ; 

1051 thence a direct line to the top of the Ourrohee Mountain; 

1052 thence to the head of the south fork of Oconee Eiver, 

1053 Article 5, If any citizen of the United States, or other 

1054 person not being an Indian, shall attempt to settle on any of 
1035 the lands westward or southward of the said boundary which 

1056 are hereby allotted to the Indians for their hunting grounds, or 

1057 having already settled and will not remove from the same within 

1058 six months after the ratification of this treaty, such person shall 

1059 forfeit the protection of the United States, and the Indians may 

1060 punish him or not as they please : Provided nevertheless, That 

1061 this article shall not extend to the people settled between the 

1062 fork of French Broad and Holstein Elvers, whose particular sit- 

1063 nation shall be transmitted to the United States in Congress as- 

1064 sembled for their decision thereon, which the Indians agree to 

1065 abide by. 

1066 Article 6. If any Indian or Indians, or person residing 

1067 among them, or who shall take refuge in their nation, shall 

1068 commit a robbery, or murder, or other capital crime, on any cit- 



27 

1069 izen of the United States, or person under their protection, the 

1070 nation, or the tribe to which such offender or offenders may be- 

1071 long, shall be bound to deliver him or them up to be punished 

1072 according to the ordinances of the United States: Provided, 

1073 That the punishment sliall not be greater than if the robbery or 

1074 murder, or other capital crime, had been committed by a citizen 
1075. on a citizen. 

1076 Akticle 7. If any citizen of the United States, or person 

1077 under their protection, shall commit a robbery or murder, or 

1078 other capital crime, on any Indian, such offender or offenders 

1079 shall be punished in the same manner as if the murder or rob- 

1080 bery, or other capital crime, had been committed on a citizen of 

1081 the United States ; and the punishment shall be in presence of 

1082 some of the Cherokees, if any shall attend at the time and 

1083 place ; and that they may have an opportunity so to do, due 

1084 notice of the time of such intended punishment shall be sent to 

1085 some one of the tribes. 

1086 Article 8. It is understood that the punishment of the 

1087 innocent, under the idea of retaliation, is unjast, and shall not be 

1088 practised on either side, except where there is a manifest viola- 

1089 tion of this treaty ; and then it shall be preceded first by a de- 

1090 maud of justice, and if refused, then by a declaration of hos- 

1091 tilities. 

1092 Article 9. For the benefit and comfort of the Indiana. 

1093 and for the prevention of injuries or oppressions on the part of 

1094 the citizens or Indians, the United States in Congress assem 

1095 bled shall have the sole and exclusive right of regulating the 

1096 trade with the Indians, and managing all their affairs in such 
1007 manner as they think proper. 

1098 Article 10. Until the pleasure of Congress be known 

1099 respecting the ninth article, all traders, citizens of the United 

1100 States, shall have liberty to go to any of the tribes or towns of 

1101 the Cherokees to trade with them, and they shall be protected 

1102 in their persons and property, and kindly treated. 

1103 Article 11. The said Indians shall give notice to the citi- 

1104 zens of the United States of any designs which they may 

1105 know or suspect to be formed in any neighbouring tribe, or by 

1106 any person whosoever, against the peace, trade, or interest of 

1107 the United States. 

1108 Article 12. That the Indians may have full confidence in 

1109 the justice of the United States respecting their interests, they 

1110 shall have the right to send a deputy of their choice, whenever 

1111 they think fit, to Congress. 

1112 Article 13. The hatchet shall be forever buried, and the 

1113 peace given by the United States, and friendship re-established 

1114 between the said States on the OTie part, and all the Cherokees 



28 

1115 on the other, shall be universal ; and the contracting parties 

1116 shall use their utmost endeavours to maintain the peace given as 

1117 aforesaid, and friendship reestablished. 

1118 Concluded November 22, 1785. 

1119 A treaty of peace and friendship made and concluded between the 

1120 President of the United States of America, on the part and 

1121 behalf of the said States, and. the undersigned chiefs and war- 

1122 riors of the Cherokee Nation of Indians, on the part and be- 

1123 half of the said nation. 

1124 The parties being desirous of establishing permanent peace 

1125 and friendship between the United States and the said Cherokee 

1126 Nation, and the citizens and members thereof, and to remove 
3127 the causes-of war, by ascertaining their limits and making other 

1128 necessary, just, and friendly arrangements : The President of 

1129 the United States, by William Blount, governor of the territory 

1130 of the United States of America south of the river Ohio, and 

1131 superintendent of Indian affairs for the southern district, who 

1132 is vested with full powers for these purposes, by and with the 

1133 advice and consent of the Senate of the United States: And 

1134 the Cherokee Nation, by the undersigned chiefs and warriors 

1135 representing the snid nation, have agreed to the following arti- 

1136 cles, namely : 

1137 Akticle 1. There shall be perpetual peace and friendship 

1138 between all the citizens of the United States of America, and 

1139 all the individuals composing the whole Cherokee Nation of In- 

1140 dians. 

1141 Article 2. The undersigned chiefs and warriors, for them- 

1142 selves and all parts of the Cherokee Nation, do acknowledge 

1143 themselves and the said Cherokee Nation to be under the pro- 

1144 tection of the United States of America, and of no other sov- 

1145 ereign whosoever ; and they also stipulate that the said Chero- 

1146 kee Nation will not hold any treaty with any foreign power, in- 

1147 dividual State, or with individuals of any State. 

1148 Akticle 3. The Cherokee Nation shall deliver to the gov- 

1149 ernor of the territory of the United States of America south 

1150 of the river Ohio, on or before the 1st day of April next, at this 

1151 place, all persons who ai-e now prisoners, captured by them from 

1152 any part of the United States : And the United States shall on 

1153 or before the same day, and at the same place, restore to the 

1154 Cherokees all the prisoners now in captivity which the citizens 

1155 of the United States have captured from them. 

1156 Aetiole 4. The boundary between the citizens of the 

1157 United States and the Cherokee Nation is and shall be as fol- 

1158 lows : Beginning at the top of the Currahee Mountain, where 



29 

1159 the Creek Hue passes it ; theucc a direct liue to Tugelo Eiver 

1160 thence northeast to the Occunna Mountain, and over the same 

1161 along the South Carolina Indian boundary to the North Caro- 

1162 Una boundary; thence north to a point from which a line is to 

1163 be extended to the river Clinch, that shall pass to Holston at 

1164 the ridge which divides the waters running into Little Eiver 

1165 from those running into tlie Tennessee; thence up the river 

1166 Clinch to Campbell's line, and along the same to the top of 

1167 Cumberland Mountain ; theuce.a direct line to the Cumberland 

1168 Eiver where the Kentucky road crosses it ; thence down the 

1169 Cumberland Eiver to a point from which a southwest line will 

1170 strike the ridge which divides the waters of Cumberland from 

1171 those of Duck Eiver, forty miles above JJ^ashville; thence down 

1172 the said ridge to a point from whence a southwest line will 

1173 strike the mouth of Duck Eiver. 

1174 And in order to preclude forever all disputes relative to the 

1175 said boundary, the same shall be ascertained and marked 

1176 plainly by three persons appointed on the part of the United 

1177 States, aud three Cherokees ou the part of their nation. 

1178 And iu order to extinguish forever all claims of the Chero- 

1179 kee Nation, or any part thereof, to any of the land lying to the 

1180 right of the liue above described, beginning as aforesaid at the 

1181 Currahee Mountain, it is hereby agreed, that in addition to the 

1182 consideration heretofore made for the said land, the United 

1183 States will cause certain valuable goods to be immediately de- 

1184 livered to the undersigned chiefs and warriors, for the use of 

1185 their nation ; and the said United States will also cause the sum 

1186 of one thousand dollars to be paid annually to the said Cherokee 

1187 Nation. And the undersigned chiefs and warriors do hereby 
1188' for themselves and the whole Cherokee Nation, their heirs and 

1189 descendants, for the considerations above-mentioned, release^ 

1190 quit-claim, relinquish, aud cede, all the land to the right of the 

1191 line described, and beginning as aforesaid. 

1192 Article 5. It is stipulated and agreed that the citizens and 

1193 inhabitants of the United States shall have a free and unmolested 

1194 use of a road from Washington district to Mero district, and of 

1195 the navigation of the Tennessee Eiver. 

1196 Article 6. It is agreed on the part of the Cherokees that 

1197 the United States shall have the sole and exclusive right of 

1198 regulating their trade. 

1199 Article 7. The United States solemnly guarantee to the 

1200 Cherokee Nation all their lands not hereby ceded. 

1201 Article 8. If any citizen of the United States, or other 

1202 person not being an Indian, shall settle on any of the Cherokees' 

1203 lands, such person shall forfeit the protection of the Unite:! 



30 

1204 States, and the Clierokees may puuish him or not, as they 

1205 . please. 

1206 Aetiole 9. No citizen or inhabitant of the United States 

1207 shall attempt to hunt or destroy the game on the lands of the 

1208 Cherokees; nor shall any citizen or inhabitant go into the Gher- 

1209 okee country vrithont a passport first obtained from the governor 

1210 of some one of the United States, or territorial districts, or such 

1211 other person as the President of the United States may from 

1212 , time to time authorize to grant the same. 

1213 Article 10. If any Cherokee Indian or Indians, or person 

1214 residing among them, or who shall take refuge in their nation, 

1215 shall steal a horse from, or commit a robbery or murder, or other 

1216 capital crime, on any citizens or inhabitants of the United States, 

1217 the Cherokee Nation shall be bound to deliver him or them up, 

1218 to be punished according to the laws of the United States. 

1219 Article 11. If any citizen or inhabitant of the United 

1220 States, or of either of the territorial districts of the United 

1221 States, shall go into any town, settlement, or territory belonging 

1222 to the Cherokees, and shall there commit any crime upon, or 

1223 trespass against the person or property of any peaceable and 

1224 friendly Indian or Indians which, if committed within the juris- 

1225 diction of any State, or within the jurisdiction of either of the 

1226 said districts, against a citizen or white inhabitant thereof, would 

1227 be punishable by the laws of such State or district, such offender 

1228 or offenders shall be subject to the same punishment, and shall 

1229 be proceeded against in the same manner as if the offence had 

1230 been committed within the jurisdiction of the State or district 

1231 to which he or they may belong, against a citizen or white inhab- 

1232 itant thereof. 

1233 Article 12.. In case of violence on the persons or property 

1234 of the individuals of either party, neither retaliation or reprisal 

1235 shall be committed by the other, until satisfaction shall have 

1236 been demanded of the party of which the aggressor is, and shall 

1237 have been refused. 

1238 Article 13. The Cherokees shall give notice to the citizens 

1239 of the United States of any designs which they may know or 

1240 suspect to be formed in any neighbouring tribe, or by any person 

1241 whatever, against the peace and interest of the United States. 

1242 Article 14. That the Cherokee Nation may be led to a 

1243 greater degree of civilization, and to become herdsmen andcul- 

1244 tivators, instead of remaining in a state of hunters, the United 

1245 States will from time to time furnish gratuitously the said nation 

1246 with useful implements of husbandry ; and further to assist the 

1247 said nation in so desirable a pursuit, and at the same time to 

1248 establisb a certain mode of communication, the United States 

1249 will send such and so many persons to reside in said nation as 



31 

1250 they may judge proper, not exceeding four in number, who shall 

1251 qualify themselves to act as interpreters. These persons shall 

1252 have lands assigned by the Cherokees for cultivation for them- 

1253 selves and their successors in office ; but they shall be precluded 
1251 exercising any kind of traffic. 

1255 Article 15. All animosities for past grievances shall 

1256 henceforth cease, and the contracting parties will carry the fore- 

1257 going treaty into full execution with all good faith and sin- 

1258 cerity. 

1259 Article 16. This treaty shall take effect and be obligatory 

1260 on the contracting parties as soon as the same shall have been 

1261 ratified by the President of the United States, with the advice 

1262 and consent of the Senate of the United States. 



1263 Additioiml article to the treaty made hetiveeii the United States 

1264 and the Cherdlcees on the second day of July, one thousand 

1265 seven hundred and ninety-one. 

1266 It is hereby mutually agreed between Henry Knox, Secrc- 

1267 tary of War, duly authorized thereto in behalf of the United 

1268 States, on the one part, and the undersigned chiefs and warriors, 

1269 in behalf of themselves and the Cherokee Ifation, on the other 

1270 part, that the following article shall be added to and considered 

1271 as part of the treaty made between the United States and the 

1272 said Cherokee Nation on the second day of July, one thousand 

1273 seven hundred and ninety-one, to wit : 

1274 The sum to be paid annually by the United States to the 

1275 . Cherokee Nation of Indians, in consideration of the relinquish- 

1276 ment of land, as stated in the treaty made with them on the sec- 

1277 ond day of July, one thousand seven hundred and ninety-one, 

1278 shall be one thousand five hundred dollars instead of one thou- 
1270 sand dollars, mentioned in the said treaty. 

1280 Proclaimed February 7, 1792. 

1281 Treaty with the Cherokee Indians. 

1282 Whereas the treaty made and concluded on Holston Eiver, 

1283 on the second day of July, one thousand seven hundred and 

1284 ninety-one, between the United States of America and the Cher- 

1285 okee Nation of Indians, has not been fully carried into execution 

1286 by reason of some misunderstandings which have arisen : 

1287 Article 1. And whereas the undersigned Henry Knox, 

1288 Secretary for the Department of War, being authorised thereto 

1289 by the President of the United States, in behalf of the said 

1290 United States, and the undersigned chiefs and warriors, in their 

1291 own names, and in liehalf of the whole Cherokee Nation, are 



32 

1292 desirous of re-establisliing peace aud frieudship between the said 

1293 parties in a permanent manner, do hereby declare that the said 

1294 treaty of Holston is, to all intents and purposes, in full force and 

1295 binding upon the said parties, as well in respect to the boundaries 

1296 therein mentioned as in all other respects whatever. 

1297 Article 2. It is hereby stipulated that the boundaries 

1298 mentioned in the fourth article of the said treaty shall be 

1299 actually ascertained and marked in the manner prescribed by 

1300 the said article, whenever the Cherokee Nation shall have ninety 

1301 days' notice of the time and place at which the commissioners of 

1302 the United States intend to commence their operation. 

1303 Article 3. The United States, to evince their justice by 

1304 amply compensating the said Cherokee Nation of Indians for all 

1305 relinquishments of land made either by the treaty of Hopewell 

1306 upon the Keowee Eiver, concluded on the twenty-eighth of No- 

1307 vember, one thousand seven hundred and eighty-five, or the 

1308 aforesaid treaty made upon the Holston Eiver, on the second of 

1309 July, one thousand seven hundred and ninety-one, do hereby 

1310 stipulate, in lieu of all former sums to be'paid annually, to fur- 

1311 nish the Cherokee Indians with goods suitable for their use, to 

1312 the amount of five thousand dollars yearly. 

1313 Article 4. And the said Cherokee Natiou, in order to 

1314 evince the sincerity of their intentions in future, to prevent the 

1315 practice of stealing horses, attended with the most pernicious 

1316 consequences to the lives and peace of both i^arties, do hereby 

1317 agree, that for every horse which shall be stolen from the white 

1318 inhabitants by any Cherokee Indians, and not returned within 

1319 three months, that the sum of fifty dollars shall be deducted 

1320 from the said annuity of five thousand dollars. 

] 321 Article 5. The articles now stipulated will be considered 

1322 as permanent additions to the treaty of Holston, as soon as they 

1323 shall have been ratified by the President of the United States 

1324 and the Senate of the United States. 

1325 Proclaimed January 21, 179.1. 

1326 Articlefi of a treaty beticeen the United States of America and the 

1327 GheroTcee Indians. 

1328 Whereas the treaty made and concluded on Holston Eiver, 

1329 on the second day of July, In the year one thousand seven hun- 

1330 dred and ninety-one, between the United States of America and 

1331 the Cherokee Nation of Indians, had not been carried Into exe- 

1332 cution for some time thereafter, by reason of some inisunder- 

1333 standings which had arisen ; and 

1334 Whereas in order to remove such misunderstandings, and 



33 

3335 to provide for carrying tlie said treaty iuto effect, and for re- 

1336 establishing more fully the peace and friendship between the 

1337 parties, another treaty was held, made, and concluded by and 

1338 between them, at Philadelphia, the twenty-sixth day of June, in 

1339 the year one thousand seven hundred and ninety- four ; in which , 

1340 among other things, it was stipulated that the boundaries 

1341 mentioned in the fourth article of the said treaty of Holston 

1342 should be actually ascertained and marked in the manner pre- 

1343 scribed by the said article, whenever the Cherokee Nation should 

1344 have ninety days' notice of the time and place at which the ipom- 

1345 missioners of the United States intended lo commence their 

1346 operation J and 

1347 Whereas further delays in carrying the said fourth article into 

1348 complete effect did take place, so that the boundaries mentioned 

1349 and described therein were not regularly ascertained and marked 

1350 until the latter part of the year one thousand seven hundred and 

1351 ninety-seven ; before which time, and for want of knowing the di- 

1352 rect course of the said boundary, divers settlements were made, 
* 1353 by divers citizens of the United States, upon the Indian lands over 

1354 and beyond the boundaries so mentioned and described in the 

1355 said article, and contrary to the intention of the said treaties ; 

1356 but which settlers were removed from the said Indian lands, by 

1357 authority of the United States, as soon after the boundaries had 

1358 been so lawfully ascertained and marked as the nature of the 

1359 case had admitted ; and 

1360 Whereas for the puri)ose of doing justice to the Cherokee 

1361 Nation of Indians, and remedying inconveniencies arising to 

1362 citizens of the United States from the adjustment of the bound- 

1363 ary-line between the lands of the Cherokees and those 

1364 of the United States, or the citizens thereof, or from any other 

1365 cause in relation to the Cherokees; and in order to promote 

1366 the interests and safety of the said States, and the citizens 

1367 thereof, the President of the United States, by and with the 

1368 advice and consent of the Senate thereof, hath appointed George 

1369 Walton, of Georgia, and the President of the United States hath 

1370 also appointed Lieutenant-Colonel Thomas Butler, commanding 

1371 the troops of the United States in the State of Tennessee, to be 

1372 commissioners for the purpose aforesaid ; and who on the part 

1373 of the United States, and the Cherokee Nation by the under- 

1374 signed chiefs and warriors, representing the said nation, have 

1375 agreed to the following articles, namely : 

1376 Aeticle 1. The peace and friendship subsisting between 
3377 the United States and the Cherokee people are hereby renewed, 

1378 continued, and declared perpetual. 

1379 Article 2. The treaties subsisting between the present 

1380 contracting parties are acknowledged to be of full and operat- 

5lT 



34 

1381 ing force ; together with the construction and usage under their 

1382 respective articles, and so to continue. 

1383 Article 3. The limits and boundaries of the Cherokee 

1384 Nation, as stipulated and marlted by the existing treaties between 

1385 the parties, shall be and remain the same, where not altered by 

1386 the present treaty. 

1387 Abticlb 4. In acknowledgment for the protection of the 

1388 United States, and for the considerations hereinafter expressed 

1389 and contained, the Cherokee Nation agree, and do hereby relin- 

1390 quish and cede to the United States all the lands within thefol- 

1391 lowing points and lines, viz : From a point on the Tennessee 

1392 River, below Tellico block-house, called the Wild-cat Eock, in a 

1393 direct line to the Militia spring, near the Maryville road leading 

1394 from Tellico. From the said spring to the Chill-howie Mountain, 

1395 by a line so to be run as will leave all the farms on Nine-mile 

1396 Creek to the northward and eastward of it ; and to be continued 

1397 along Chill-howie Mountain, until it strikes Hawkins's line. 

1398 Thence along the said line to the great Iron Mountain ; and from 

1399 the top of which a line to be continued in a southeastwardly 

1400 course to where the most southwardly branch of Little Eiver 

1401 crosses the divisional line to Tuggaloe Itiver : From the place of 

1402 beginning, the Wild-cat Kock, down the northeast margin of the 

1403 Tennessee Eiver (not including islands) to a point or place one 

1404 mile above the junction of that river with the Clinch, and from 

1405 thence by a line to be drawn in a right angle, until it intersects 

1406 Hawkins's line leading from Clinch. Thence down the said line 

1407 to the river Clinch ; thence up the said river to its junction with 

1408 Emmery's Eiver; and thence up Emmery's Eiver to the foot of 

1409 Cumberland Mountain. From thence a line to be drawn, north- 

1410 eastwardly, along the foot of the mountain, until it intersects 

1411 with Campbell's line. 

1412 Article 5. To prevent all future misunderstanding about 

1413 the line described in the foregoing article, two commissioners 

1414 shall be appointed to superintend the running and marking the 

1415 same, where not ascertained by the rivers, immediately after 

1416 signing this treaty ; one to be appointed by the commissioners 

1417 of the United States, and the other by the Cherokee Nation ; 

1418 and who shall cause three maps or charts thereof to be made 

1419 out; one whereof shall be transmitted and deposited in the 

1420 War Ot&de of the United States ; another with the executive of 

1421 the State of Tennessee, and the third'with the Cherokee Nation, 

1422 which said line shall form a part of the boundary between the 

1423 United States and the Cherokee Nation. 

1424 Article 6. In consideration of the relinquishment and ces- 

1425 sion hereby made, the United States, upon signing the present 

1426 treaty, shall cause to be delivered to the Cherokees, goods, 



35 

1427 wares, and merchandize, to the amount of five thousand dollars, 

1428 and shall cause to be delivered, annually, other goods, to the 

1429 amount of one thousand dollars, in addition to the annuity 

1430 already provided for ; and will continue the guarantee of the 

1431 remainder of their country forever, as made and contained in 

1432 former treaties. 

1433 Article 7. The Cherokee Nation agree, that the Kentucty 

1434 road, running between the Cumberland Mountain and the Cuin- 

1435 berland Eiver, where the same shall pass through the Indian 

1436 land, shall be an open and free road for the use of the citizens of 

1437 the United States in like manner as the road from Southwest 

1438 Point to Cumberland Eiver. In consideration of which it is 

1439 hereby agreed on the part of the United States, that until settle- 

1440 ments shall make it improper, the Cherokee hunters shall be at 

1441 liberty to hunt and take game upon the lands relinquished and 

1442 ceded by this treaty. 

1443- AuTiCLE 8. Due notice shall be given to the principal 

1444 towns of the Cherokees, of the time proposed for delivering the 

1445 annual stipends ; and sufficient supplies of provisions shall be 

1446 furnished, by and at the expense of the United States, to sub- 

1447 sist such reasonable number that may be sent, or shall attend to 

1448 receive them during a reasonable time. 

1449 Article 9. It is mutually agreed between the parties, tbat 

1450 horses stolen and not returned within ninety days shall be paid 

1451 for at the rate of sixty dollars each ; if stolen by a white man, 

1452 citizen of the United States, the Indian proprietor shall be paid 

1453 iu cash ; and if stolen by an Indian from a citizen, to be deducted 

1454 as expressed in the fourth article of the treaty of Philadelphia, 

1455 This article shall have retrospect to the commencement of the 

1456 first conferences at this place in the present year, and no fur- 

1457 ther. And all animosities, aggressions, thefts, and plunderings, 

1458 prior to that day, shall cease, and be no longer remembered or 

1459 demanded on either side. 

1460 Article 10. The Cherokee Nation agree, that the agent who 

1461 shall be appointed to reside among them from time to time 

1462 shall have a sufficient piece of ground allotted for his temporary 

1463 use. 

1464 And lastlj', This treaty, and the several articles it contains, 

1465 shall be considered as additional to, and forming a part of, 

1466 treaties already subsisting between the United States and the 

1467 Cherokee Nation, and shall be carried into effect on both sides, 

1468 with all good faith, as soon as the same shall be approved and 

1469 ratified by the President of the United States, and the Senate 

1470 thereof. 

1471 Concluded October 2, 1798. 



36 

1472 Articles of a treaty between the United States of America and the 

1473 CheroTcee Indians. 

14/4 Dauiel Smith and Return J. Meigs, being commissioned by 

1475 Thomas Jefferson^ President of the United States, with powers 

1476 of acting in behalf of the said United States, in arranging cer- 

1477 tain matters with the Cherokee Nation of Indians; and the 
1478' underwritten principal chiefs, representing the said nation, hav- 

1479 ing met the said commissioners in a conference at TelUco, and 

1480 having taken into their consideration certain propositions made 

1481 to them by the said commissioners of the United States; the 

1482 parties aforesaid have unanimously agreed and stipulated, as is 

1483 definitely expressed in the following articles : 

1484 Article 1. For the considerations hereinafter expressed, 

1485 the Cherokee Nation relinquish and cede to the United States 

1486 a tract of land bounding, southerly, on the boundary-line be- 

1487 tween the Stateof Georgia and the said Cherokee Nation, begin- 

1488 ning at a point on the said boundary-line northeasterly of the 

1489 most northeast plantation, in the settlement known by the name 

1490 of Wafford's Settlement, and running at right angles with the 

1491 said boundary line four miles into the Cherokee land; thence 

1492 at right angles southwesterly and parallel to the first mentioned 

1493 boundary-line, so far as that a line, to be run at right angles 

1494 southerly to the said first mentioned boundary-line, shall include 

1495 in this cession all the plantations in Wafford's Settlement, 

1496 so-called, as aforesaid. 

1497 Article 2. For and in consideration of the relinquishment 

1498 and cession, as expressed in the first article, the United States, 

1499 upon signing the present treaty, shall- cause to be delivered to 

1500 the Cherokees useful goods, wares, and merchandise, to the 

1501 amount of five thousand dollars, or that sum in money, at the 

1502 option (timely signified) of the Cherokees, and shall, also, cause 

1503 to be delivered, annually, to them, other useful goods to the 

1504 amount of one thousand dollars, or money to that amount, at 

1505 the option of the Cherokees, timely notice thereof being given, 

1506 in addition to the annuity heretofore stipulated, and to be de- 

1507 livered at the usual time of their receiving their annuity. 

1508 Proclaimed May 17, 1804. 

1509 Articles of a treaty agreed upon hetwien the United States of Amer- 

1510 ica, hy their commissioners, Return J, Meigs and Daniel Smith, 

1511 appointed to hold conferences with the Clierohee Indians, for the 

1512 purpose of arranging certain interesting matters with the said 

1513 Cherokees, of the one part, and the undersigned chiefs and head- 

1514 men of the said nation, of the other part. 

1515 Article 1. All former treaties, which provide for the main- 



37 

1516 tenance of peace aud preventing of crimes, are on tliis occasion 

1517 recognized and continued in force. 

1518 Article 2. The Oheroliees quit claim aud cede to the 

1519 United States all the land which they have heretofore claimed, 

1520 lying to the nortli of the following boundary line : beginning 

1521 at the mouth of Duck Eiver, running thence up the main stream 

1522 of the same to the junction of the fork, at the head of which Port 

1523 Nash stood, with the main south fork ; thence a direct course to 

1524 a point on the Tennessee River bank, opposite the mouth of 

1525 Hiwassa Eiver. If the line from Hiwassa should leave out 

1526 Field's Settlement, it is to be marked round his improvement, 

1527 and then continued the straight course ; thence up the middle 

1528 of the Tennessee Eiver, (but leaving all the islands to the Cher- 

1529 okees,) to the mouth of Clinch Eiver ; thence up the Clinch 

1530 Eiver to the former boundary line agreed upon with the said 

1531 Cherokees, reserving at the same time to the use of the Cher- 

1532 okees a small tract lying at and below the mouth of Clinch 

1533 Eiver; from the mouth extending thence down the Tennessee 

1534 Eiver, from the mouth of Clinch to a notable rock on the north 

1535 bank of the Tennessee, in view from Southwest Point ; thence 

1536 a course at right angles with the river to the Cumberland road ; 

1537 thence eastwardly along the same, to the bank of Clinch Eiverj 

1538 so as to secure the ferry landing to the Cherokees up to the first 

1539 hill, and down the same to the mouth thereof, together with two 

1540 other sections of one square mile each, one of which is at the 

1541 foot of Cumberland Mountain, at and iiear the place where the 

1542 turnpike gate now stands ; the other on the north bank of the 

1543 Tennessee Eiver, where the Cherokee Talootiske now lives. And 

1544 whereas, from the present cession made by the Cherokees, arid 

1545 other circumstances, the site of the garrisons at South West 

1546 Point and Tellico are become not the most convenient and suit- 

1547 able places for the accommodation of the said Indians, it may 

1548 become expedient to remove the said garrisons aud factory to 

1549 some more suitable place, three other square miles are reserved 

1550 for the particular disposal of the United States on the north 

1551 bank of the Tennessee, opposite to and below the mouth of 

1552 Hiwassa. 

1553 Article 3. In consideration of the above cession and relin- 

1554 quishment, the United States agree to pay immediately three 

1555 thousand dollars in valuable merchandize, and eleven thousand 

1556 dollars within ninety days after the ratification of this treaty, and 

1557 also an annuity of three thousand dollars, the commencement of 

1558 which is this date. But so much of the said eleven thousand 

1559 dollars as the said Cherokees may agree to accept in useful arti. 

1560 cles of and machines for agriculture and manufactures, shall be 

1561 paid in those articles, at their option. 



38 

1562 Article 4. The citizens of tlie United States shall have the 

1563 free and unmolested use and enjoyment of the two following de- 

1564 scribed roads, in addition to those which are at present estab- 

1565 lished through theircountry; one to proceed from some convenient 

1566 place near the head of Stone's Eiver, and fall into the Georgia 

1567 road at a suitable place towards the southern frontier of the 

1568 Oherokees. The other to proceed from the neighbourhood of 

1569 Franklin, on Big Harpath, and crossing the Tennessee at or near 
3570 the Muscle Shoals, to pursue the nearest and best way to the 

1571 settlements on the Tombigbee. These roads shall be viewed and 

1572 marked out by men appointed on each side for that purpose, in 

1573 order that they may be directed the nearest and best ways, and 

1574 the time of doing the business the Oherokees shall be duly 

1575 notified. 

1576 Article 5. This treaty shall take effect and be obligatory 

1577 on the contracting parties as soon as it is ratified by the Presi- 

1578 dent of the United States, by and with the advice and consent 

1579 of the Senate of the same. 

1580 Proclaimed April 24, 1806. 

1581 Articles of a treaty between the United States of America, hy their 
'1582 commissioners, Return J. Meigs and Daniel Smith, who are 

1583 appointed to hold conferences with the Cherolcees for the purpose 

1584 of arranging certain interesting matters with the said Indians, 

1585 of the one part, and the undersigned chiefs and head-men of the 

1586 . Cherolcees, of the other part. 

1587 Article 1. Whereas it has been represented by the one 

1588 party to tbe other, that the section of land on which the garrison 

1589 of South West Point stands, and which extends to Kingston, is 

1590 likely to be a desirable place for the assembly of the State of 

1591 Tennessee to convene at, (a committee from that body now in 

1592 session having viewed the situation,) no^ the Oherokees being 

1593 possessed of a spirit of conciliation, and seeing that this tract is 

1594 desired for public purposes, and not for individual advantages, 

1595 (reserving the ferries to themselves,) quit claim and cede to the 

1596 United States the said section of land, understanding at the same 

1597 time that the buildings erected by the public are to belong to 

1598 the public, as well as the occupation of the same, during the 

1599 pleasure of the Government; we also cede to the United States 

1600 the first island in the Tennessee, above the mouth of Olinch. 

1601 Article 2. And whereas the mail of the United States is 

1602 ordered to be carried from Knoxville to New Orleans, through 

1603 the Oherokee, Greek and Ohoctaw countries, the Oherokees 

1604 agree that the citizens of the United States shall have, so far as 

1605 it goes through their country, the free and unmolest«d use of a 



39 

1606 road leading from Tellico to Tombigbe, to be laid out by viewers 

1607 appointed on both sides, who shall direct it the nearest and best 

1608 way ; and the time of doing the business the Cherokees shall be 

1609 notified of. 

1610 Abticle 3. In consideration of the above cession and re- 

1611 linquishment, the United States agree to pay to the said Cher- 

1612 okee Indians sixteen hundred dollars in money, or useful mer- 

1613 chandize, at their option, within ninety days after the ratification 

1614 of this treaty. 

1615 Aeticle 4. This treaty shall be obligatory between the con- 

1616 tracting parties as soon as it is ratified by the President, by and 

1617 with the advice and consent of the Senate of the United States. 

1618 Proclaimed June 10, 180C. 

1619 A convention between the United States and the CheroTcee Nation of 

1620 Indians, concluded at the city of Washington, on the seventh 

1621 ^ day of January, in the year one thousand eight hundred and 
1622 ' six. 

1623 Articles of a convention made between Henry Dearborn, 

1624 secretary of war, being specially authorized thereto by the Pres- 

1625 ident of the United States, and^the undersigned chiefs and head- 

1626 men of the Cherokee Nation of Indians, duly authorized and em- 

1627 powered by said nation. 

1628 Aeticle 1, The undersigned chiefs and head-men of the 

1629 Cherokee Nation of Indians, for themselves and in behalf of their 

1630 nation, relinquish to the United States all right, title, interest 

1631 and claim, which they or their nation have or ever had to all 

1632 that tract of country which lies to the northward of the river 

1633 Tennessee and westward of a line to be run from the upper part 

1634 of the Chickasaw Old Fields, at the upper iioint of an island, 

1635 called Chickasaw Island, on said river, to the most easterly head 

1636 waters of that branch of said Tennessee Eiver called Duck Eiver, 

1637 excepting the two following described tracts, viz, one tract 

1638 bounded southerly on the said Tennessee Eiver, at a place called 

1639 the Muscle Shoals, westerly by a creek called Te Kee, ta, no-eh 

1640 or Cyprus Creek, and easterly by Chu, wa, lee, or Elk Eiver or 

1641 Creek, and northerly by a line to be drawn from a point on said 

1642 Elk Eiver ten miles on a direct line from its mouth or junction 

1643 with Tennessee Eiver, to a point on the said Cyprus Creek, ten 

1644 miles on a direct line from its junction with the Tennessee Eiver. 

1645 The other tract is to be two miles in width on the north side 

1646 of Tennessee Eiver, and to extend northerly from that river 

1647 three miles, and bounded as follows, viz, beginning at the mouth 

1648 of Spring Creek, and running up said creek three miles on a 

1649 straight line, thence westerly two miles at right angles with the 



40 

1650 general course of said creek, thence southerly on a line parallel 

1651 with the general course of said creek to the Tennessee Eiver, 

1652 thence up said river by its waters to the beginning : which first 

1653 reserved tract is to be considered the common property of the 

1654 Oherokees who now live on the same, including Johu D. Ohes- 

1655 holm, Au, tow, we, and Cheh Chuh, and the other reserved tract 

1656 on which Moses Meltou now lives is to be considered the prop- 

1657 erty of said Melton and of Charles Hicks, in equal shares. 

1658 And- the said chiefs and headmen also agree to relinquish 

1659 to the United States all right or claim which they or their nation 

1660 have to what is called the Long Island in Holston Eiver. 

1661 Article 2, The said Henry Dearborn on the part of the 

1662 United States hereby stipulates and agrees that in consideration 

1663 of the relinquishment of title by the Oherokees, as stated in the 

1664 preceding article, the United States will pay to the Cherokee 

1665 Nation two thousand dollars in money as soon as this convention 

1666 shall be duly ratified by the Government of the United States ; 

1667 and two thousand dollars in each of the four succeeding^ years, 

1668 amounting in the whole to ten thousand dollars ; and that a grist- 

1669 mill shall, within one year from the date hereof, be built in the 

1670 Cherokee country, for the use of the nation, at such place as 

1671 shall be considered most convenient; that the said Oherokees 

1672 shall be furnished with a machine for cleaning cotton ; and also, 

1673 that the old Cherokee chief, called the Black Fox, shall be 

1674 paid annually one hundred dollars by the United States during 

1675 his life. 

1676 Article 3, It is also agreed on the part of the United 

1677 States, that the Government thereof will use its influence and 

1678 best endeavors to prevail on the Chickasaw Nation of Indians to 

1679 agree to the following boundary between that nation and the 

1680 Oherokees to the southward of the Tennessee Eiver, viz, begin- 

1681 ning at the mouth of Oaney Creek near the lower part of the 

1682 Muscle Shoals, and to run up said creek to its head, and ia a 

1683 direct line from thence to the Flat Stone or Eock, the old corner 

1684 boundary. 

1685 But it is understood by the contracting parties that the 

1686 United States do not engage to have the aforesaid line or bound- 
J1687 ary established, but only to endeavor to prevail on the Chicka- 

1688 siw Nation to consent to such a line as the boundary between the 

1689 two nations. 

1690 Article 4. It is further agreed on the part of the United 

1691 States that the claims which the Ohickasaws may have to the 

1692 two tracts reserved by the first article of this convention on the 

1693 north side of the Tennessee Eiver, shall be settled by the United 

1694 States in such manner as will be equitable, and will secure to 

1695 the Oherokees the title to the said reservations. 

1696 Proclaimed May 23, 1807. 



41 

1697 Elucidation of a convention icith the Gherolee Nation, 

1698 Whereas by tlie first article of a convention between the 

1699 United States and the Cherokee Nation, entered into at the 

1700 city of Washington, on the seventh day of January, one thoii- 

1701 sand eight hundred and six, it was intended on the part of the 

1702 Cherokee Nation, and so understood by the Secretary of War, 

1703 the commissioner on the part of the United States, to cede to 
170-1 the United States all the right, title, and interest which the said 

1705 Cherokee Nation ever had to a tract of country contained be- 

1706 tween the Tennessee Eiver and the Tennessee ridge (so-called ;) 

1707 which tract of country had, since the year one thousand seven 

1708 hundred and ninety-four, been claimed by the Cherokees and 

1709 the Chickasaws ; the eastern boundary whereof is limited by a 

1710 line so to be run from the upper part of the Chickasaw Old 
1711 " Fields, as to include all the waters of Elk Eiver, anything ex- 

1712 pressed in said convention to the contrary notwithstanding : It 

1713 is therefore now declared by James Robertson and Eeturn J. 

1714 Meigs, acting under the authority of the Executive of the United 

1715 States, and by a delegation of Cherokee chiefs, of whom Euno- 

1716 lee or Black Fox, the king or head chief of said Cherokee Nation, 

1717 acting on the part of, and in behalf of said nation, is one, that 

1718 the eastern limits of said ceded tract shall be bounded by a line so 

1719 to be run from the upper end of the Chickasaw Old Fields, a 

1720 little above the upper point of an island called Chickasaw 

1721 Island, as will most directly intersect the first waters of Elk 

1722 Eivpr, thence carried to the Great Cumberland Mountain, in 

1723 which the waters of Elk Eiver have their source, then along the 
1721 margin of said mountain untill it shall intersect lands hereto- 

1725 fore ceded to the United States, at the said Tennessee ridge. 

1726 And in consideration of the readiness shown by the Cherokees 

1727 to explain, and to place the limits of the land ceded by the said 

1728 convention out of all doubt, and in consideration of their ex- 

1729 penses in attending council, the Executive of the United States 

1730 will direct that the Cherokee Nation shall receive the sum of 

1731 two thousand dollars, to be paid to them by their agent, at such 

1732 time as the said Executive shall direct, and that the Cherokee 

1733 hunters, as hath been the custom in such cases, may hunt on 

1734 said ceded tract, until by the fullness of settlers it shall become 

1735 improper. And it is hereby declared by the parties, that this 

1736 explanation ought to be considered as a just elucidation of the 

1737 cession made by the first article of said convention. 

1738 Proclaimed April 22, 1808. 

OlT 



42 

1739 Articles of a treaty made and concluded at the city of Washington, 

1740 on the ticenty-second day of March, one thousand eight hundred 

1741 and sixteen, hetween George Qraham, being specially authorized 

1742 ly the President of the United States thereto, and the under- 
lies signed chiefs and head-men of the Cherokee Nation, duly author- 

1744 izedand empowered hy the said nation. 

1745 Article 1, Whereas the executive of the State of South 

1746 Carolina has made an application to the President of the United 

1747 States to extinguish the claim of the Cherokee Nation to that 

1748 part of their lands which lie within the boundaries of the said 

1749 State, as lately established and agreed upon between that State 

1750 and the State of North Carolina ; and as the Cherokee Nation 

1751 is disposed to comply with the wishes of their brothers of South 

1752 Carolina, they have agreed and do hereby agree to cede to the 

1753 State of South Carolina, and forever quit claim to, the tract of 

1754 country contained within the following bounds, viz, beginning 

1755 on the east bank of the Chattuga Eiver, where the boundary- 

1756 line of the Cherokee Nation crosses the same, running thence, 

1757 with the said boundary-line, to a rock on the Blue Eidge, where 

1758 the boundary-line crosses the same, and which rock has been 

1759 lately established as a corner to the States of North and South 

1760 Carolina ; running thence, south, sixty-eight and a quarter de- 

1761 grees west, twenty miles and thirty-two chains, to a rock on the 

1762 Chattuga Eiver at the thirty-fifth degree of north latitude, an- 

1763 other corner of the boundaries agreed upon by the States of 

1764 North and South Carolina; thence, down and with the Chat- 

1765 tnga, to the beginning. 

1760 Aeticlb 2. For and in consideration of the above cession, 

1767 the United States promise and engage that the State of South 

1768 Carolina shall pay to the Cherokee Nation, or its accredited agent, 

1769 the sum of five thousand dollars, within ninety days after the 

1770 President and Senate shall have ratified this treaty : Provided, 

1771 That the Cherokee Nation shall have sanctioned the same in 

1772 council : And provided also. That the executive of the State of 

1773 South Carolina shall approve of tlie stipulations contained in 

1774 this article. 

1775 Eatified April 8, 1816. 

1776 Articles of a convention made and entered into hetween George 
nil Graham, specially authorized thereto hy the President of the 

1778 United States, and tlie undersigned chiefs and head-men of the 

1779 CheroJcee Nation, duly authorized and empowered by the said 

1780 nation. 

1781 Article 1. Whereas doubts have existed in relation to the 

1782 northern boundary of that part of the Creek lands lying west 



43 

1783 of the Goosa Eiver, and which were ceded to the United States 

1784 by the treaty held at Fort Jackson, on the ninth day of August, 

1785 one thousand eight hundred and fourteen ; and whereas, by the 

1786 third article of the treaty dated the seventh of January, one 

1787 thousand eight hundred and six, between the United States and 
178S the Cherokee Kation, the United States have recognised a claim 

1789 on the part of the Cherokee Nation to the land south of the 

1790 Big Bend of the Tennessee Eiver, and extending as far west as 

1791 a place ou the waters of Bear Creek, [a branch of the Tennes- 
1793 see Eiver,] known by the name of the Flat Eock, or Stone; it 
1793 is therefore now declared and agreed, that a line shall be run . 
1791 from a point on the west bank of the Coosa Eiver, opposite to 

1795 the lower end of the Ten Islands in said river, and above Port 

1796 Strother, directly to the Flat Eock or Stone, on Bear Creek, [a 
3 797 branch of the Tennessee Eiver ;] which line shall be established 

1798 as the boundary of the lands ceded by the Creek Nation to the 

1799 United States by the treaty held at Fort Jackson, on the ninth 

1800 day of August, one thousand eight hundred and fourteen, and 

1801 of the lands claimed by the Cherokee Nation lying west of the 

1802 Coosa and south of the Tennessee Eivers. 

1803 Article 2. It is expressly agreed on the part of the Chero- 

1804 kee Nation that the United States shall have the right to lay 

1805 off, open, and have the free use of, such road or roads, through 

1806 any part of the Cherokee Nation, lying north of the bouudary- 

1807 line now established, as may be deemed necessary for the free 

1808 intercourse between the States of Tennessee and Georgia and 

1809 the Mississippi Territory. And the citizens of the United 
3810 States shall freely navigate and use, as a highway, all the rivers 

1811 and waters within the Cherokee Nation. The Cherokee Nation 

1812 further agree to establish and keep up, on the roads to be opened 

1813 under the sanction of this article, such ferries and public houses 
1811 as may be necessary for the accommodation of the citizens of 

1815 the United States. 

1816 Article 3. In order to preclude any dispute hereafter 

1817 relative to the boundary-line now established, it is hereby 

1818 . agreeli that the Cherokee Nation shall appoint two commission- 

1819 ers to accompany the commissioners already appointed on the 

1820 part of the United States to ran the boundary -lines of the lands 

1821 ceded by the Greek Nation to the United States, while they are 

1822 engaged in running that part of the boundary established by 

1823 the first article of this treaty. 

1824 Article 4. In order to avoid unnecessary expense and 

1825 delay, it is further agreed that, whenever the President of the 

1826 United States may deem it expedient to open a road through any 

1827 part of the Cherokee Nation, in pursuance of the stipulations 

1828 of the second article of this convention, the principal chief of 



44 

1829 the Cherokee Nation shall appoint one commissioner to accom- 

1830 pany the commissioners appointed by the President of the 

1831 United States, to lay off and mark the road; and the said com- 

1832 missioner shall be paid by the United States. 

1833 Article 5. The United States agree to indemnify the indi- 

1834 viduals of the Cherokee Nation for losses sustained by them in 

1835 consequence of the march of the militia and other troops in the 

1836 service of the United States through that nation ; which losses 

1837 have been ascertained by the agents of the United States to 

1838 amount to twenty-five thousand five hundred dollars. 

1839 Ratified Aprir8,'1816. 

1840 Treaty with the Gherolcees. 

1841 To perpetuate peace and friendship between the United 

1842 States and Cherokee tribe, or nation, of Indians, and to remove 

1843 all future causes of dissension which may arise from indefinite 
. 1844 territorial boundaries, the President of the United States of 

1845 America, by Major General Andrew Jackson, General David 

1846 Meriwether, and Jesse Franklin, esquire, commissioners pleuipo- 

1847 tentiary, on the one part, and the Cherokee delegates on the 

1848 other, covenant and agree to the following articles and condi- 

1849 tions, which, when approved by the Cherokee Nation, and con- 

1850 stitutioually ratified by the Government of the United States, 

1851 shall be binding on all parties : 

1852 Article 1. Peace and friendship are hereby firmly estab- 

1853 lished between the United States and Cherokee Nation, or tribe, 

1854 of Indians. 

1855 Article 2. The Cherokee Nation acknowledge the folio w- 

1856 ing as their western boundary : South of the Tennessee River, 

1857 commencing at Camp Coffee, on the south side of the Tennessee 

1858 River, which is opposite the Chickasaw Island, running from 

1859 thence a due south course to the top of the dividing ridge 

1860 between the waters of the Tennessee and To mbigbee Rivers ; 

1861 thence eastwardly along said ridge, leaving the head-waters of 

1862 the Black Warrior to the right hand, until opposed by the west 

1863 branch of Well's Creek, down the east bank of said creek to the 

1864 Coosa River, and down said river. 

1865 Article 3. The Cherokee Nation relinquish to the United 

1866 States all claim, and cede all title, to lands laying south and west 

1867 of the line, as described in the second article ; and, in consider- 

1868 ation of said relinquishment and cession, the commissioners 

1869 agree to allow the Cherokee Nation an annuity of six thousand 

1870 dollars, to continue for ton successive years, and five thousand 

1871 dollars, to be paid in sixty days after the ratification of the 



45 

1872 treaty, as a compensation for any improvements which the said 

1873 nation may have had on the lands surrendered. 

1874 Article 4. The two contracting parties covenant and agree 

1875 that the line, as-described in the second article, shall be ascer- 

1876 tained and marked by commissioners, to be appointed by the 

1877 President of the United States ; that the marks shall be bold ; 

1878 trees to be blazed on both sides of the line, and the fore and aft 

1879 trees to be marked with the letters U. S. ; that the commission- 

1880 ers shall be accompanied by two persons, to be appointed by 

1881 the Cherokee Nation, and that said nation shall have due and 

1882 seasonable notice when said operation is to be commenced. 

1883 Article 5. It is stipulated that the Cherokee Nation will 

1884 meet General Andrew Jackson, General David Meriwether, and 

1885 Jesse Franklin, esquire, in council, at Turkey's Town, Coosa 

1886 Eiver, on the 28th of September, (instant,) there and then to 

1887 express their approbation, or not, of the articles of this treaty ; 

1888 and if they do not assemble at the time and place specified, it is 

1889 understood that the said commissioners may report the same as 

1890 a tacit ratification, on the part of the Cherokee Nation, of this 

1891 treaty. 

1892 Proclaimed December 30, 1816. 

1893 Articles of a treaty concluded, at the Gherolcee agency, within 

1894 the Gherolcee Nation, between Major-General Andrew Jackson, 

1895 Joseph M'Minn, governor of the State of Tennessee, and General 

1896 David Meriwether, commissioners plenipotentiary of the United 

1897 States of America, of the one part, and the chiefs, head-men , a nd 

1898 ivarriors of the Gherolcee Nation east of the Mississippi River, 

1899 and the chiefs, head-men, and warriors of the Gherolices on the 

1900 Arkansas River, and their deputies, John D. Ghisholm and 

1901 James Rogers, duly authorized by the chiefs of the Cherokees on 

1902 the Arkansas River, in open council, by written power of attor- 

1903 ney, duly signed and executed, in presence of Joseph Sevier 

1904 and William Ware. 

1905 Whereas in the autumn of the year one thousand eight Uun- 

1906 dred and eight, a deputation from the Upper and Lower Chero- 

1907 kee towns, duly authorized by their nation, went on to the city 

1908 of Washington, the first named to declare to the President of 

1909 the United States their anxious desire to engage in the pursuits 

1910 of agriculture and civilized life in the country they then occu- 

1911 pied, and to make known to the President of the United States 

1912 the impracticability of inducing the nation at large to do this, 

1913 and to request the establishment of a division line between the 

1914 upper and lower towns, so as to include all the waters of the 

1915 Hiwassee River to the upper town, that, by thus contracting 



46 

1916 their society within narrow limits, they proposed to begin the 

1917 establishment of fixed laws and a regular government ; the 

1918 deputies from the lower towns to make known their desire to 

1919 continue the hunter life, and also the scarcity of game where 

1920 they then lived, and, under those circumstances, their wish to 
1931 reraoveacross the Mississippi Eiver, on some vacant lands of the 

1922 United States. And whereas the President of the United States, 

1923 after maturely considering the petitions of both parties, on the 

1924 ninth day of January, A. D. one thousand eight hundred and 

1925 nine, including other subjects, answered tho^e petitions as fol- 

1926 lows : " The United States, my children, are the friends of both 

1927 parties, and as far as can be reasonably asked they are willing 

1928 to satisfy the wishes of both. Those who remain may be as- 

1929 sured of our patronage, our aid, and good neighborhood. Those 
■ ]930 who wish to remove are permitted to send an exploring party 

1931 to reconnoitre the country on the waters of the Arkansas and 

1932 White Kivers, and the higher up the better, as they will be the 

1933 longer imapproached by our settlements, which will begin at 
1931 the mouths of those rivers. The regular districts of the gov- 

1935 ernment of St. Louis are already laid off to the St. Francis. 

1936 "When this party shall have found a tract of country suit- 

1937 ing the emigrants, and not claimed by other Indians, we will 

1938 arrange with them and you the exchange of that for a just por- 

1939 tion of the country they leave, and to a part of which, propor- 

1940 tioued to their numbers, they have a right. Every aid towards 

1941 their removal, and what will be necessary for them there, will 

1942 then be freely administered to them ; and when established in 

1943 their new settlements, we shall still consider them as our children, 

1944 give them the benefit of exchanging their peltries for what they 

1945 will want at our factories, and always hold them firndy by the 

1946 hand." 

1947 And whereas the Cherokees, relying on the promises of the 

1948 President of the United States, as above recited, did explore 

1949 the country on the west side of the Mississippi, and made choice 

1950 of the country on the Arkansas and White Eivers, and settled 

1951 themselves down upon United States' lands, to which no other 

1952 tribe of Indians have any just claim, and have duly notified the 

1953 President of the United States thereof, and of their anxious 

1954 desire for the full and complete ratification of his promise, and 

1955 to that end, as notified by the President of the United States, 

1956 have sent on their agents, with full powers to execute a treaty, 

1957 relinquishing to the United States all the right, title, and inter- 

1958 est to all lands of right to them belonging, as part of the Chero- 

1959 kee Nation, which they have left, and which they are about to 

1960 leave, proportioned to their numbers, including, with those now 

1961 on the Arkansas, those who are about to remove thither, and to 



47 

1962 a portion of whicli tbey liave an equal right agreeably to their 

1963 numbers. 

1964 Now, know ye, that the contracting parties, to carry into 

1965 full effect the before-recited promises with good faith, and to 

1966 promote a continuation of friendship with their brothers on the 

1967 Arkansas Eiver, and for that purpose to make an equal distribu- 

1968 tion of the annuities secured to be paid by the United States to 

1969 the whole Cherokee Nation, have agreed and concluded on the 

1970 following articles, viz : 

1971 Article 1. The chiefs, head-men, and warriors of the 

1972 whole Cherokee Nation, cede to the United States all the lands 

1973 lying north and east of the following boundaries, viz: Beginning 

1974 at the high shoals of the Appalachy Eiver," an'd running thence 

1975 along the boundary line between the Creek and Cherokee Na- 

1976 tions, westwardly to the Chatahouchy Eiver; thence up the 

1977 Chatahouchy Eiver, to the mouth of Souque Creek ; thence con- 

1978 tinning with the general course of the river until it reaches the 

1979 Indian boundary line, and, should it strike the Turrurar Eiver, 

1980 thence, with its meanders, down said river to its mouth, in part 

1981 of the proportion of land in the Cherokee Nation east of the 

1982 Mississippi, to which those now on the Arkansas and those 

1983 about to remove there are justly entitled. 

1984 Article 2. The chiefs, head-men, and warriors of the whole 

1985 Cherokee Nation do also cede to the United States all the lands 

1986 lying north and west of the following boundary lines, viz : Be- 

1987 ginning at the Indian boundary line that runs from the north 

1988 bank of the Tennessee Eiver, opposite to the mouth of Hywassee 

1989 Eiver, at a poiut on the top of Walden's Eidge, where it divides 

1990 the waters of the Tennessee Eiver from those of the Sequatchie 

1991 Eiver ; thence, along the said ridge, southwardly, to the bank 

1992 of the Tennessee Eiver, at a point near to a place called the 

1993 Negro Sugar Camp, opposite to the upper end of the first island 

1994 above Eunning Water Town; thence westwardly, a straight 

1995 line to the mouth of Little Sequatchie Eiver ; thence up said river 

1996 to its main fork; thence up its northermost fork to its source ; 

1997 and thence, due west, to the Indian bounda.ry line. 

1998 Article 3. It is also stipulated by the contracting parties that 

1999 a census shall be taken of the whole Cherokee Nation during the 

2000 month of June, in the year of our Lord one thousand eight hun- 

2001 dred and eighteen, in the following manner, viz : That the census 

2002 of those on the east side of the Mississippi Eiver, who declared 

2003 their intention of remaining, shall be taken by a commissioner 

2004 appointed by the President of the United States, and a commis- 

2005 sioner appointed by the Cherokees on the Arkansas Eiver; and 

2006 the census of the Cherokees on the Arkansas Eiver, and those 

2007 removing there, and who at that time declare their intention o^' 



48 

2008 removing there, shall be taken by a commissioner appointed by 

2009 the President of the United States, and one appointed by the 

2010 Cherokees east of the Mississippi Eiver. 

2011 Article 4. The contracting parties do also stipulate that 

2012 the annuity due from the United States to the whole Cherokee 

2013 Nation for the year one thousand eight hundred and eighteen is 

2014 to be divided between the two parts of the nation in proportion 

2015 to their numbers, agreeably to the stipulations contained in the 

2016 third article of this treaty ; and to be continued to be divided 

2017 thereafter in proportion to their numbers ; and the lands to be 

2018 apportioned and surrendered to the United States agreeably to 

2019 the aforesaid enumeration, as the proportionate part, agreeably 

2020 to their numbers, to which those who have removed, and who 

2021 declare their intention to remove, have a just right, including 

2022 these with the lands ceded in the first and second articles of this 

2023 treaty. 

2024 Article 5. The United States bind themselves, in exchange 

2025 for the lands ceded in the first and second articles hereof, to give 

2026 to that part of the Cherokee Nation on the Arkansas as much 

2027 land on said river and White Eiver as they have or may here- 
^028 after receive from the Cherokee Nation east of the Mississippi, 

2029 acre for acre, as the ,j ust proportion due that part of the nation 

2030 on the Arkansas agreeably to their number's ; which is to com- 

2031 meuce on the north side of the Arkansas Eiver, at the mouth of 

2032 Point Eemove or Bud well's Old Place; thence by a straight line, 

2033 northwardly, to strike Chataunga Mountain, or the hill first above 

2034 Shield's Ferry on White Eiver, running up and between said 

2035 I'ivers for complement, the banks of which rivers to be the lines ; 

2036 and to have the above line, from the point of beginning to the 

2037 point on White Eiver, run and marked, which shall be done 

2038 soon after the ratification of this treaty ; and all citizens of the 

2039 United States, except Mrs. P. Lovely, who is to remain where 

2040 she lives during life, removed from- within the bounds as above- 

2041 named. And it is further stipulated that the treaties heretofore 

2042 between the Cherokee Nation and the United States are to con- 

2043 tinue in full force with both parts of the nation, and both parts 

2044 thereof entitled to all the immunities and privilege which the 

2045 old nation enjoyed under the aforesaid treaties; the United 

2046 States reserving the right of establishing factories, a military 

2047 post, and roads within the boundaries above defined. 

2048 Article 6. The United States do also bind themselves to 

2049 give to all the poor warriors who may remove to the western 

2050 side of the Mississippi Eiver one rifle-gun and ammunition, one 

2051 blanket, and' one brass kettle, or, in lieu of the brass kettle, a 

2052 beaver trap, which is to be considered as a full compensation for 

2053 the improvements which they may leave; which articles are to be 



49 

2051 deliveretl at sucli poiut as tlic Presielent of the United States 

2055 may direct ; and to aid in the removal of the emigrants, they 

2056 further agree to faruish flat-bottomed boats and provisions suffl- 

2057 cient for that purpose ; and to those emigrants whose improve- 

2058 ment« add real value to their lands, the United States agree to 

2059 pay a full valuation for the same, which is to be ascertained by 
20G0 a commissioner appointed by the President of the United States 

2061 for that purpose, and paid for as soon after the ratification of 

2062 this treaty as practicable. The boats and provisions promised to 

2063 the emigrants are to be furnished by the agent on the Tennessee 

2064 Eiver, at such time and place as the emigrants may notify him 

2065 of; and it shall be his duty to furnish the same. 

2066 Article 7. And for all improvements which add real value 

2067 to the lands lying within the boundaries ceded to the United 

2068 StateSj by the first and second articles of this treaty, the United 

2069 States do agree to pay for at the time, and to be valued in the 

2070 same manner, as stipulated in the sixth article of this treaty ; 

2071 or, in lieu thereof, to give in exchange improvements of equal 

2072 value which the emigrants may leave, and for which they are to 

2073 receive pay. And it is farther stipulated, that all these improve- 

2074 ments, left by the emigrants within the bounds of the Cheroliee 

2075 Nation east of the Mississippi Eiver, which add real value to the 

2076 lands, and for which the United States shall give a considera- 

2077 tion, and not so exchanged, shall be rented to the Indians by 

2078 the agent, year after year, for the benefit of the poor and de- 

2079 crepid of that part of the nation east of the Mississippi Eiver, 

2080 until surrendered by the nation, or to the nation. And it is 

2081 ■ further agreed that the said Cherokee Nation shall not be called 

2082 upon for any part of the consideration paid for said improve- 

2083 ments at any future period. 

2084 AuTiCLE 8. And to each and every head of any Indian 

2085 family residing on the east side of the Mississippi Eiver, on the 

2086 lands that are now, or may hereafter be, surrendered to the 

2087 United States, who may wish to become citizens of the United 

2088 States, the United States do agree to give a reservation of six 

2089 hundred and forty acres of land, in a square, to include their 

2090 improvements, which are to be as near the centre thereof as 

2091 practicable, in which they will have a life estate, with a rever- 

2092 sion in fee simple to their children, reserving to the widow her 

2093 dowei', the register of whose names is to be filed in the office of 

2094 the Cherokee agent, which shall be kept open until the census 

2095 is taken as stipulated in the third article of this treaty : Pro- 

2096 vlded, That if any of the heads of families for whom reserva- 

2097 tions may be made should remove therefrom, then, in that case, 

2098 the right to revert to the United States : And provided further, 

2099 That the land which may be reserved under this article be de- 

7 I T 



50 

2100 ducted from tlie amount vThich has beeu ceded uuder the first 

2101 and second articles of this treaty. 

2102 Akticle 9. It is also provided by the contracting parties, 

2103 that nothing in the foregoing articles shall be construed so as to 

2104 prevent any of the parties so contracting from the free naviga- 

2105 tion of all the waters mentioned therein. 

2106 Akticle 10. The whole of the Cherokee Nation do hereby 

2107 cede to the United States all right, title, and claim to all reser- 

2108 vations made to Doublehead and others, which were reserved 

2109 to them by a treaty made' and entered into at the city of Wash- 

2110 ington, bearing date the seventh of January, one thousand eight 

2111 hundred and six. 

2112 Article 11. It is further agreed that the boundary-lines 

2113 of the lands ceded to the United States by the first and second 

2114 articles of this treaty, and the boundary -line of the lands ceded 

2115 by the United States in the fifth article of this treaty, is to b e 

2116 run and marked by a commissioner or commissioners appointed 

2117 by the President of the United States, who shall be accompanied 

2118 by such commissioners as the Cherokees may appoint; due no- 

2119 tice thereof shall be given to the nation. 

2120 Article 12. The United States do also bind themselves to 

2121 prevent the Intrusion of any of its citizens within the lands 

2122 ceded by the first and second articles of this treaty, until the 

2123 same shall be ratified by the President and Senate of the 

2124 United States, and duly promulgated. 

2125 Article 13. The contracting parties do also stipulate that 

2126 this treaty shall take eifect and be obligatory on the contract- 

2127 ing parties so soon as the same shall be ratified by the Presi- 

2128 dent of the United States, by and with the advice and consent 

2129 of the Senate of the United States. 

2130 Proclaimed December 26, 1817. 

2131 Articles of a convention made between John €. Calhoun, Secretary 

2132 of War, being specially authorized therefor by the President of 

2133 the United States, and the undersigned chiefs and headmen of 

2134 the Cherolcee Nation of Indians, duly authorized and empow- 

2135 ered by said nation, at the city of Washington, on the twenty- 

2136 seventh day of February, in the year of our Lord one thou- 

2137 sand eight hundred and nineteen. 

2138 Whereas a greater part of the Cherokee Nation have ex- 

2139 pressed an earnest desire to remain on this side of the Missis- 

2140 sippi, and being desirous, in order to commence those measures 

2141 which they deem necessary to the civilization and preservation 

2142 of their nation, that the treaty between the United States and 



51 

2143 them, signed the eighth of July, eighteen huudred aud seven- 

2144 teen, might, without further delay, or the trouble or expense of 

2145 taking the census, as stipulated in the said treaty, be finally 

2146 adjusted, have offered to cede to the United States a tract of 

2147 country at least as extensive as that which they probably are 

2148 entitled to under its provisions, the contracting parties have 

2149 agreed to and concluded the following articles : 

2150 Akticlb 1. The Cherokee S'ation cedes to the United 

2151 States all of their lands lying north and east of the following 

2152 line, viz: Beginning on the Tennessee Eiver, at the point where 

2153 the Cherokee boundary with Madison County, in the Alabama 

2154 territory, joins the same; thence along the main channel of 

2155 said river to the mouth of the Highwassee ; thence along its 

2156 main channel to the first hill which closes in on said river, 

2157 aboat two miles above Highwassee Old Town ; thence along 

2158 the ridge which divides the waters of the Highwassee and 

2159 Little Tellico, to the Tennessee Eiver, at Tallassee ; thence 

2160 along the main channel to the junction of the Cowee and Nan- 
21C1 teyalee ; thence along the ridge in the fork of said river to the 

2162 top of the Blue Eidge ; thence along the Blue Eidge to the 

2163 Unicoy Turnpike Eoad ; thence by a straight line to the uear- 

2164 est main source of the Chestatee; thence along its main chan- 

2165 nel to the Chatahouchee ; and thence to the Creek bound- 

2166 ary ; it being understood that all the islands in the Chesta- 

2167 tee, and the parts of the Tennessee and Highwassee, (with 

2168 the exception of Jolly's Island, in the Tennessee, near the 

2169 mouth of the Highwassee,) which constitute a portion of the 

2170 present boundary, belong to the Cherokee Nation ; and it is 

2171 also understood that the reservations contained in the seconp 

2172 article of the treaty of Tellico, signed the twenty-fifth Octo- 

2173 ber, eighteen hundred and five, and a tract equal to twelve 

2174 miles square, to be located by commencing at the point formed 

2175 by the intersection of the boundary-line of Madison County, 

2176 already mentioned, and the north bank of the Tennessee. 

2177 Eiver ; thence along the said line and up the said river twelve 

2178 miles, are ceded to the United States, in trust for the Cherokee 

2179 Nation as a school fund ; to be sold by the United States, and 

2180 the proceeds vested as is hereafter provided in the fourth article 

2181 of this treaty ; and, also, that the rights vested in the Unicoy 

2182 Turnpike "Company by the Cherokee Nation, according to certi- 

2183 fied copies of the instruments securing the rights and herewith 

2184 annexed, are not to be affected by this treaty ; and it is further 

2185 understood and agreed by the said parties that the lands hereby 

2186 ceded by the Cherokee Nation are in full satisfaction of all 

2187 claims which the United States have on them, on account of the 

2188 cession to a part of their nation who have or may hereafter 



52 

L'189 emigrate to the Arkausaw; and this treaty is ailnal adjiistment 

2190 of that of the eighth of July, eighteen hundred aud seventeen. 

2191 Article 2. The United States agree to pay, according to the 

2192 stipulations contained in the treaty of the eighth of July, eight- 

2193 een hundred and seventeen, for all improvements on land lying 

2194 within the country ceded by the Cherokees, which add real value 

2195 to the land, and do agree to allow a reservation of six hundred 

2196 and forty acres to each head of any Indian family residing within 

2197 the ceded territory, those enrolled for the Arkansaw excepted, 

2198 who choose to become citizens of the United States, in the man- 

2199 ner stipulated in said treaty. 

2200 Article 3. It is also understood and agreed by the con- 

2201 tracting parties that a reservation, in fee simple, of six hundred 

2202 and forty acres square, with the exception of Major Walker's, 

2203 which is to be located as is hereafter provided, to include their 

2204 improvements, and which are to be as near the centre thereof 

2205 as possible, shall be made to each of the persons whose names 

2206 are inscribed on the certified list annexed to this treaty, all of 

2207 whom are believed to be persons of industry, and capable of 

2208 managing their property with discretion, and have, with few ex- 

2209 ceptions, made considerable improvements on the tracts reserved. 

2210 The reservations are made on the condition that those for whom 

2211 they are intended shall notify, in writing, to the agent for the 

2212 Cherokee Nation within six months after the ratification of this 
.2218 treaty, that it is their intention to continue to reside perma- 

2214 nently on the land reserved. 

2215 The reservation for Lewis Eoss, so to be laid o& as to include 

2216 his house and out-buildings, and ferry adjoining the Cherokee 

2217 agency, reserving to the United States all the public property 

2218 there, and the continuance of the said agency where it now is, 

2219 during the x>leasure of the Government; and Major Walker's, 

2220 so as to include his dwelling-house and ferry ; for Major Walker 

2221 an additional reservation is made of six hundred and forty acres 

2222 square, to include his grist and saw mill ; the land is poor, prin- 

2223 cipally valuable for its timber. In addition to the above reser- 

2224 vations, bhe following are made, in' fee simple, the persons for 

2225 whom they are intended not residing on the same : To Cabbin 

2226 Smith six hundred and forty acres, to be laid off in equal parts 

2227 on both sides of his ferry on Tellico, commonly called Blair's 

2228 ferry ; to John Eoss six hundred and forty acres, to be laid off 

2229 so" as to include the Big Island in Tennessee Eiver, being the 

2230 first below Tellico — which tracts of land were given many years 

2231 since, by the Cherokee Nation, to them ; to Mrs. Eliza EosS, step- 

2232 daughter of Major Walker, six hundred and forty acres square, 

2233 to be located on the river below and adjoining Major Walker's ; 

2234 to Margaret Morgan six hundred and forty acres square, to be 



53 

2235 located on the west of and adjoining James Eiley's reservation ; 

2236 to George Harlin six hundred and forty acres square, to be 

2237 located west of and adjoining the reservation of Margaret Mor- 

2238 gan ; to James Lowry six hundred and forty acres square, to be 

2239 located at Crow Mocker's old place, at the foot of Cumberland 

2240 Mountain ; to Susannah Lowr^i six hundred and forty acres, to 

2241 be located at the toll-bridge on Battle Creek; to Nicholas Byers 

2242 six hundred and forty acres, including the Toqua Island, to be 

2243 located on the north bank of the Tennessee, opposite to said 

2244 island. 

2245 Article 4. The United States stipulate that the reserva- 

2246 tions, and the tract reserved for the school fund, in the first 

2247 article of this treaty, shall be surveyed and sold in the same 

2248 manner, and on the same terms, with the i)ublic lands of the 

2249 United States, and the proceeds vested, under the direction of 

2250 the President of the United States, in the stock of the United 

2251 States, or such other stock as he may deem most advantageous 

2252 to the Cherokee Nation. The interest or dividend on said stock 

2253 shall be applied, under his direction, in the manner which he 

2254 shall judge best calculated to diffuse the benefits of education 

2255 among the Cherokee Nation on this side of the Mississippi. 
225G Ae'I'icle 5. It is agreed that such boundary-lines as may be 

2257 necessary to designate the lands ceded by the first article of this 

2258 treaty may be run by a commissioner or commissioners to be 

2259 appointed by the President of the United States, who shall be 

2260 accompanied by such commissioners as the Cherokees may ap- 

2261 point, due notice thereof to be given to the nation ; and that the 

2262 leases which have been made under the treaty of the eighth of 

2263 July, eighteen hundred and seventeen, of land lying within the 

2264 portion of country reserved to the Cherokees, to- be void ; and 

2265 that all white people who have intruded, or may hereafter in- 

2266 trude, on the land reserved for the Cherokees, shall be removed 

2267 by the United States, and proceeded against according to the 

2268 provisions of the act passed thirtieth March, eighteen hundred 

2269 and two, entitled "An act to regulate trade and intercourse with 

2270 the Indian tribes, and to preserve peace on the frontiers." 

2271 Article 6. The contracting parties agree that the annuity 

2272 to the Cherokee Nation shall be paid, two-thirds to the Ohero- 

2273 kees east of the Mississippi, and one-third to the Cherokees 

2274 west of that river, as it is estimated that those who have emi- 

2275 grated, and who have enrolled for emigration, constitute one- 

2276 third of the whole nation ; but if the Cherokees west of the 

2277 Mississippi object to this distribution, of which due notice shall , 

2278 be given them, before the expiration of one year after the ratifi- 

2279 cation of this treaty, then the census, solely for distributing the 



54 

2280 annuity, shall be taken at such times and in such manner as the 

2281 President of the United States may designate. 

2282 Aeticlb 7. The United States, in order to afford the Chero- 

2283 kees who reside on the lands ceded by this treaty time to culti- 

2284 vate their crop next summer, and for those who do not choose 

2285 to take reservations to remove, bind themselves to prevent the 

2286 intrusion of their citizens on the ceded land before the first of 

2287 January next. 

2288 Article 8. This treaty to be binding on the contracting 

2289 i)arties so soon as it is ratified by the President of the United 

2290 States, by and with the advice and consent of the Senate. 



2291 List of persons re/erred to in the third article of the a^mexed 

2292 treaty. 

2293 Richard Walker, within the chartered limits of North Caro- 

2294 lina. 

2295 Yonali, alias Big Bear, within the chartered limits of North 

2296 Carolina. 

2297 John Martin, within the chartered limits of Georgia. 

2298 Peter Linch, within the chartered limits of Georgia. 

2299 Daniel Davis, within the chartered limits of Georgia. 

2300 George Parris, within the chartered limits of Georgia. 

2301 Walter S. Adair, within the chartered limits of Georgia. 

2302 Thomas Wilson, within the chartered limits of Alabama 

2303 Territory. 

2304 Eicbard Itiley, within the chartered limits of Alabama Ter- 

2305 ritory. 

2306 James Eiley, within the chartered limits of Alabama Terri- 

2307 tory. 

2308 Edward Gunter, within the chartered limits of Alabama 

2309 Territory. 

2310 Kobert McLemore, within the chartered limits of Tennessee. 

2311 John Baldridge, within the chartered limits of Tennessee. 

2312 Lewis Eoss, within the chartered limits of Tennessee. 

2313 Fox Taylor, within the chartered limits of Tennessee. 

2314 Ed. Timberlake, within the chartered limits of Tennessee. 

2315 David Fields, (to include his mill,) within the chartered 

2316 limits of Tennessee. 

2317 James Brown, (to include his field by the long pond,) within 

2318 the chartered limits of Tennessee. 

2319 William Brown, within the chartered limits of Tennessee. 

2320 John Brown, within the chartered limits of Tennessee. 

2321 Elizabeth Lowry, within the chartered limits of Tennessee. 

2322 George Lowry, within the chartered limits of Tennessee. 

2323 John Benge, within the chartered limits of Tennessee. 



65 

2324 Mrs. Eliz. Peck, within tbe chartered limits of Teuuessee. 

2325 John Walker, sr., within the chartered limits of Tennessee. 

2326 John Walker, jr., (unmarried,) within the chartered limits 

2327 of Tennessee. 

2328 Richard Taylor, within the chartered limits of Teuuessee. 

2329 John Mcintosh, within the chartered limits of Tennessee. 

2330 James Starr, within the chartered limits of Tennessee. 

2331 Samuel Parks, within the chartered limits of Tennessee. 

2332 The Old Bark, (of Chota,) within the chartered limits of 

2333 Tennessee. 

2334 Number of reservees within the limits of North Carolina. . . 2 

2335 Number of reservees within the limits of Georgia 5 

2336 Number of reservees within the limits of Alabama Territory. 4 

2337 Number of reservees within the limits of Tennessee £0 

2338 — 

2339 Total number of reservees 31 

2340 Oheeokee Agency, Highv^assee Garrison. 

2341 We, the undersigned chiefs and councillors of the Oherokees 

2342 in full council assembled, do hereby give, grant, and make over 

2343 unto Nicholas Byers and David Russell, who are agents in behalf 

2344 of the States of Tennesee and Georgia, full power and authority 

2345 to establish a turnpike company, to be composed of them, the 

2346 said Nicholas and David, Arthur Henly, John Lowry, Atto, and 

2347 one other person, by them to be hereafter named, in behalf of 

2348 the State of Georgia; and the above-named persons are author- 

2349 ized to nominate five proper and fit persons, natives of the 

2350 Oherokees, who, together with the white men aforesaid, are to 

2351 constitute the company; which said company, when thus estab- 

2352 lished, are hereby fully authorized by ns to lay out and open a 

2353 road from the most suitable point on the Tennessee River to be 

2354 directed the nearest and best way to the highest point of navi- 

2355 gation on the Tugolo River; which said road, when opened and 

2356 established, shall continue and remain a free and public highway, 

2357 unmolested by us, to the interest and benefit of the said com- 

2358 pany, and their successors, for the full term of twenty years, yet 

2359 to come, after the same may be open and compleat; after which 
2300 time, said road, with all its advantages, shall be surrendered up, 

2361 and reverted in, the said Cherokee Nation. And the said com- 

2362 pany shall have leave, and are hereby authorized, to erect their 

2363 public stands, or houses of entertainment, on said road ; that 

2364 is to say, one at each end, and one in the middle, or as nearly 
2305 so as a good situation will permit, with leave also to cultivate 

2366 one hundred acres of land at each end of the road, and fifty 

2367 acres at the middle stand, with a privilege of a sufiiciency of 

2368 timber for the use and consumption of said stands. And the 



56 

2369 said turnpike company do hereby agree to pay the sum of one 

2370 hundred and sixty dollars yearly to the Cherokee Nation for 

2371 the aforesaid privilege, to commence after said road is opened 

2372 and in complete operation. The said company are to have the 

2373 benefit of one ferry on Tennessee Eiver, and such other ferry or 

2374 ferries as are necessary on said road ; and, likewise, said com- 

2375 pany shall have the exclusive privilege of trading on said road 

2376 during the aforesaid term of time. 

2377 Cherokee Agency, January 6, 1817. 

2378 We, the undersigned chiefs of the Cherokee Nation, do 

2379 hereby grant unto Nicholas Byers, Arthur H. Henly, and David 

2380 Kussell, proprietors of the Unicoy road to Georgia, the liberty 

2381 of cultivating all the ground contained in the bend on the north 

2382 side of Tennessee Eiver opposite and below Chota Old Town, 

2383 together with the liberty to erect a grist-mill on Four Mile 

2384 Creek, for the use and benefit of said road, and the Cherokees 

2385 ill the neighbourhood thereof; for them, the said Byers, Henly, 

2386 and Eussell, to have and to hold the above privileges during 

2387 the term of lease of the Unicoy road, also obtained from the 

2388 Cherokees, and sanctioned by the President of the United 

2389 States. 

2390 Proclaimed March 10, 1819. 

2391 Articles of a convention concluded at the city of Washington this 

2392 sixth day of May, in the year of our Lord one thousand eight 

2393 hundred and twenty-eight, bettveen James Barbour, Secretary 

2394 of War, being especially autli&rized therefor by the President 

2395 of the United States, and the undersigned, chiefs and head- 

2396 men of the CheroJcee Nation of Indians west of the Missis- 

2397 sippi, they being duly authorized and empowered by their 

2398 nation. 

2399 Whereas it being the anxious desire of the Government of 

2400 the United States to secure to the Cherokee Nation of Indians, 

2401 as well those now living within the limits of the Territory of 

2402 Arkansas as those of their friends and brothers who reside in 

2403 States east of the Mississippi, and who may wish to join their 

2404 brothers of the West, a permanent home, and which shall, under 

2405 the most solemn guarantee of the United States, be and remain 

2406 theirs forever — a home that shall never, in all future time, be 

2407 embarrassed by having extended around it the lines, or placed 

2408 over it the jurisdiction of a Territory or State, nor be pressed 

2409 upon by the extension, in any way, of any of the limits of any 

2410 existing Territory or State ; and 

2411 Whereas the present location of the Cherokees in Arkansas 



o 



57 

2-112 being uufavounible to their pfesent repose, and tending, as the 

2113 past demonstrates, to their future degradation and misery ; and 

2411 the Cherokees being anxious to avoid such consequences, and 

2115 yet not questioning their right to their lands in Arkansas, as 

211C secured to them by treaty, and resting also upon the pledges 

2417 given them by the President of the United States, and the 

2118 Secretary of War, of March, 1818, and 8th of October, 1821, in 

119 regard to the outlet to the West, and as may be seen on refer- 

2120 ring to the records of the War Department, still being anxious 

2121 to secure a permanent, home, and to free themselves and their 

2122 posterity from an embarrassing connexion with the Territory of 

2123 Arkansas, and guard themselves from such connexions in future ; 

2424 and 

2425 Whereiis it being important, not to the Cherokees only, but 

2426 also to the Choctaws, and in regard also to the question which 

2427 may be agitated in the future. respecting the location of the' 
2128 latter, as well as the former, within the limits of the Territoi y 

2429 or State of Arkansas, as the case may be, and their removal 

2430 therefrom ; and to avoid the cost which may attend negotiations 

2431 to rid the Territory or State of Arkansas whenever it may 

2432 become a State of either or both of those tribes, the parties 

2433 hereto do hereby conclude the following articles, viz : 

2434 Article 1. The western boundary of Arkansas shall be, and 

2435 the same is, hereby defined, viz : A line shall be run, commenc- 

2436 ing on Eed Eiver, at the point where the eastern Choctaw line 

2437 strikes said river and run due north with said line to the river 

2438 Arkansas, thence in a direct line to the southwest corner of 

2439 Missouri. 

2440 AUTiCLK 2. The United States agree to possess the Chero- 

2441 kees and to guarantee it to them forever, and that guarantee is 

2442 hereby solemnly pledged, of seven millions of acres of land, to 

2443 be bounded as follows, viz : Commencing at that point on Ar- 

2444 kansas Eiver where the eastern Choctaw boundary line strikes 

2445 said river, and running thence with the western line of Arkansas, 

2446 as defined in the foregoing article, to the southwest corner of 

2447 Missouri, and thence with the western boundary line of Missouri 

2448 till it crosses;, the waters of Neasho, generally called Grand 

2449 Eiver; thence due west to a point from which a due south course 

2450 will strike the present northwest corner of Arkansas Territory ; 

2451 thence continuing due south, on and with the present western 

2452 boundary line of the Territory to the main branch of Arkansas 

2453 Eiver ; thence down said river to its junction with the Canadian 

2454 Eiver ; and thence up and between the said rivers Arkansas and 

2455 Canadian, to a point at which a line running north and south 

2456 from river to river will give the aforesaid seven millions of 

2457 acres. In addition to the seven millions of acres thus provided 

8 I T 



58 

li-iSS for and bounded, the United States further guarantee to the 

2459 Cherokee Nation a perpetual outlet west, and a free and unmo- 

2460 lested use of all the country lying west of the western boundary 

2461 of the above described limits, and as far west as the sovereignty 

2462 of the United States and their right of sott extend. 

2463 Article 3. The United States agree to have the lines of 

2464 the above cession run without delay, say not later than the first 

2465 of October next, and to remove, immediately after the running 

2466 of the eastern line from the Arkansas Eiver to the southwest 

2467 corner of Missouri, all white persons from the west to the east 

2468 of said line, and also all others, should there be any there, who 

2469 may be unacceptable to the Cherokees, so that no obstacles 

2470 arising out of the presence of a white population, or a popula- 

2471 tion of any other sort, shall exist to annoy the Cherokees ; and 

2472 also to keep all suc^i from the west of said line in future. 

2473 Article 4. The United States moreover agree to appoint 

2474 suitable persons, whose duty it shall be, in conjunction with the 

2475 agent, to value all such improvements as the Cherokees may 

2476 abandon in their removal from their present homes to the dis- 

2477 trict or country as ceded in the second article of this agreement, 

2478 and to pay for the same immediately after the assessment is 

2479 made and the amount ascertained. It is further agreed, that 

2480 the property and improvements connected with the agency shall 

2481 be sold under the direction of the agent, and the proceeds of 

2482 the same applied to aid in the erection, in the country to which 

2483 the Cherokees are going, of a grist and saw mill for their use. 

2484 The aforesaid property and improvements are thus defined: 

2485 Commence at the Arkansas Eiver, opposite "William Stinnett's, 

2486 and run due north one mile ; thence due east to a point from 

2487 which a due south line to the Arkansas Eiver would include the 

2488 chalybeate or mineral spring attached to or near the present 

2489 residence of the agent, and thence up said river (Arkansas) to 

2490 the place of beginning. 

2491 Article 5. It is further agreed, that the United States, in 

2492 consideration of the inconvenience and trouble attending the 

2493 removal, and on account of the reduced value of a great portion 

2494 of the lands herein ceded to the Cherokees, as compared with 

2495 that of those in Arkansas which were made theirs by the treaty 

2496 of 1817 and convention of 1819, will pay to the Cherokees, 

2497 immediately after their removal, which shall be within fourteen 

2498 months of the date of this agreAaent, the sum of fifty thousand 

2499 dollars; also, an annuity, for three years, of two thousand dol- 

2500 lars, towards defraying the cost and trouble which may attend 

2501 upon going after and recovering their stock which may stray 

2502 into the Territory in quest of the pastures from which they may 

2503 be driven ; also, eight thousand seven hundred and sixty dol- 



59 

250i lars, for spoliatious committed on them, (the Gherokees,) which 

2505 sum will be in full of all demands of the kind up to this date, 

2506 as well those against the Osages as those against citizens of the 

2507 United States, this being the amount of the claims for said 
2608 spoliations as* rendered by the Gherokees, and which are 

2509 believed to be correctly and fairly stated. Also, one thousand 

2510 two hundred dollars for the use of Thomas Graves, a Gherokee 

2511 chief, for losses sustained in his property, and for personal suf- 

2512 fering endured by him when confined as a prisoner, on a crimi- 

2513 nal but false accusation ; also, five hundred dollars for the use 

2514 of George Guess, another Cherokee, for the great benefits he 
2315 has conferred upon the Gherokee people, in the beneficial results 

2516 which they are now experiencing from the use of the alphabet 

2517 discovered by him, to whom also, in consideration of his relin- 

2518 quishing a valuable saline, the privilege is hereby given to locate 

2519 and occupy another saline on Lee's Greek. It is further agreed 

2520 by the United States to pay two thousand dollars, annually, to 

2521 the Gherokees, for ten years, to be expended under the direction 

2522 of the President of the United States in the education of their 

2523 children, in their own country, in letters and thamechanick arts ; 
2524: also, one thousand dollars toward the purchase of a printing 



liu: 



5 press and- types to aid the Gherokees in the progress of educa- 

2526 tion, and to benefit and enlighten them as a people, in their own 

2527 and our language. It is agreed further, that the expense in- 

2528 curred other than that paid by the United States in the erection 

2529 of the buildings and improvements, so far as that may have been 

2530 paid by the benevolent society who have been, and yet are, 

2531 engaged in instructing the Gherokee children, shall be paid to 

2532 the society, it being the understanding that the amount shall be 

2533 expended in the erection of other buildings and improvements, 

2534 for like purposes, in the country herein ceded to the Gherokees. 

2535 The United States relinquish their claim due by the Gherokees 

2536 to the late United States factory, provided the same does not 

2537 exceed three thousand five hundred dollars. 

2538 Article 6. Annulled. 

2539 Article 7. The chiefs and headmenof the Gherokee Xa- 

2540 tion aforesaid, for and in consideration of the foregoing stipu- 

2541 lations and provisions, do hereby agree, in the name and behalf 

2542 of their nation, to give up, and they do hereby surrender, to 

2543 the United States, and %gree to leave the same within fourteen 

2544 months, as herein before stipulated, all the lands to which they 
3545 are entitled in Arkansas, and which were secured to them by 

2546 the treaty of 8th January, 1817, and the convention of the 27th 

2547 February, 1819. 

2548 Article 8. The Cherokee Xation west of the Mississippi 

2549 having, by this agreement, freed themselves from the harass- 



60 

2550 ing and ruinous effects consequent upon a location amidst a 

2551 white population, and secured to themselves and their posterity, 
2552^ under the solemn sanction of the guarantee of the United States, 

2553 as contained in this agreement, a large extent of unembarrassed 

2554 country ; and that their brothers yet remaining in the States 

2555 may be induced to join them and enjoy the repose and blessings 

2556 of such a State in the future, it is further agreed, on the part of 

2557 the United States, that to each head of a Cherokee family now 

2558 residing within the chartered limits of Georgia, or of either of 

2559 the States east of the Mississippi, who may desire to remove 

2560 West, shall be given, on enrolling himself for emigration, a good 

2561 rifle, a blanket, and kettle, and five pounds of tobacco, (and to 

2562 each member of his family one bla'nket;) also, a just compensa- 

2563 tion for the property he may abandon, to be assessed by per- 

2564 sons to be appointed by the President of the United States. The 

2565 cost of the emigration of all ^ch shall also be borne by the 

2566 United States, and good and suitable ways opened, and pro- 

2567 visions procured for their comfort, accommodation, and support, ■ 

2568 by the way, and provisions for twelve months after their arrival 

2569 at the agency ; and to each person, or head of a family, if he takes 

2570 along with him four persons, shall be paid immediately on his 

2571 arriving at the agency and reporting himself and his family, or 

2572 followers, as emigrants and permanent settlers, in addition to the 

2573 above, provided he and they shall have emigrated from within the 

2574 chartered limits of the State of Georgia, the sum of fifty dollars, 

2575 and this sum in proportion to any greater or less number that 

2576 may accompany him from within the aforesaid chartered limits 

2577 of the State of Georgia. 

2578 Aetiole9. It is understood and agreed by the parties to this 

2579 convention that a tract of land, two miles wide and six miles 

2580 long, shall be, and the same is hereby, reserved for the use and 

2581 benefit of the United States, for the accommodation of the mili- 

2582 tary force which is now, or which may hereafter be, stationed at 

2583 Fort Gibson, on the Neasho, or Grand Eiver, to commence on 

2584 said river half a mile below the aforesaid fort, and to run 

2585 thence due east two miles, thence northwardly six miles, to a 

2586 point which shall be two miles distant from the river aforesaid, 

2587 thence due west to the said river, and down it to the place of 

2588 beginning. And the Oherokees agree that the United States 

2589 shall have and possess the right of establishing a road through 

2590 their country for the purpose of having a free and unmolested 

2591 way to and from said fort. 

2592 Aetiole 10. It is agreed that Captain James Eogers, in con- 

2593 sideration of his having lost a horse in the service of the United 

2594 States, and for services rendered by him to the United States, 



61 

2595 shall be paid, iu full for the above, and all other claims for losses 

2596 and services, the sum of five hundred dollars. 

2597 Aeticle 11. This treaty to be binding on the contracting 

2598 parties so soon as it is ratified by the President of the United 

2599 States, by and with the advice and consent of the Senate. 
2G00 Proclaimed May 28, 1828. 

• 

2601 [Note. — This treaty was ratified with the following proviso, 

2602 expressed in the resolution of the Senate : "Provided, neverthe- 

2603 less, that the said convention shall not be so construed as to ex- 

2604 tend the northern boundary of the 'Perpetual Outlet West,' 

2605 provided for and guaranteed in the second article of said con- 

2606 vention, north of the thirty-sixth degree of north latitude, or so 

2607 as to interfere with the lands assigned, or to be assigned, west 
2G08 of the Mississippi Eiver, to the Creek Indians who have emi- 

2609 grated, or may emigrate, from the States of Georgia and Ala- 

2610 bam a, under the provisions of any treaty or treaties heretofore 

2611 concluded between the United States and the Creek tribe of In- 

2612 dians ; and provided further, that nothing in the said conven- 

2613 tiou shall be construed to cede or assign to the Cherokees any 

2614 lands heretofore ceded or assigned to any tribe or tribes of In- 

2615 dians, by any treaty now existing and in force, with any such 

2616 tribe or tribes."] 



2617 Articles of agreement and convention made and concluded at Fort 

2618 Gibson, on the Arkansas Biver, on the fourteenth day of Feb- 

2619 ruary, one thousand eight hundred and thirty-three, by and be- 

2620 ticeen Montfort Stolces, Henry L. Ellsworth, and John F. Scher- 
2021 merhorn, duly appointed commissioners on the part -of the 

2622 United States, and the undersigned chiefs and head-men of the 

2623 Clierolcee Nation of Indians west of the Mississippi, they being 

2624 duly authorized and empowered by their nation. 

2625 Whereas articles of convention were concluded at the city 

2626 of Washington, on the sixth day of May, one thousand eight 

2627 hundred and twenty-eight, between James Barbour, Secretary 

2628 of War, being specially authorized therefor by the President 

2629 of the United States, and the chiefs and head-men of the Cheero- 

2630 kee S"ation of Indians west of the Mississippi, which articles of 

2631 convention were duly ratified ; and 

2632 Whereas it was agreed by the second article of said conven- 

2633 tion as follows: "That the United States agree to possess the 

2634 Cheerokees, and to guarantee it to them forever, and that guarantee 

2635 is solemnly pledged, of seven millions of acres of land, said land to 
2G36 be bounded as follows, viz : commencing at a point on Arkansas 
2637 River, where the eastern Choctaw boundary-line strikes said river. 



6-2 

2638 aud running thence with the western line of Arkansas Territory to 

2639 the southwest corner of Missouri, and thence with the western 

2640 boundary-line of Missouri till it crosses the waters of Neasho, gen- 

2641 erally called Grand Elver ; thence due west, to a point from which 

2642 a due south course will strike the present northwest corner of 

2643 Arkansas Territory} thence continuing due sou.th on and with 

2644 the present boundary -line on the- west of said Territory, to the 

2645 main branch of Arkansas Eiver;- thence down said river to its 

2646 junction with the Canadian, and thence up, and between said 

2647 rivers Arkansas and Canadian, to a point at which a line running 

2648 north and south, from river to river, will give the aforesaid seven 

2649 millions of acres, thus provided for aud bounded. The United 

2650 States further guarantee to the Cherokee Nation a perpetual 

2651 outlet west, and a free and unmolested use of all the country 

2652 lying west of the western boundary of the above-described 

2653 limits, and as far west as the sovereignty of the United States 

2654 and their right of soil extend ; and 

2655 Whereas there was to said articles of convention and agree- 

2656 mentthe following proviso, viz : Provided, nevertheless, That said 

2657 convention shall not be so construed as to extend the northern 

2658 boundary of said perpetual outlet west, provided for and guar- 

2659 antied in the second article of said convention, north of the 

2660 thirty-sixth degree of north latitude, or so as to inter- 

2661 fere with the lands assigned, or to be assigned, west of the 

2662 Mississippi Eiver, to the Creek Indians who have emigrated, or 

2663 may emigrate, from the States of Georgia and Alabama, under 

2664 the provision of any treaty, or treaties, heretofore concluded, 

2665 between the United States and the Greek tribe of Indians : And 

2666 provided further, That nothing in said convention shall be con' 

2667 strued to cede, or assign, to the Cherokees any lands heretofore 

2668 ceded, or assigned, to any tribe, or tribes of Indians, by any 

2669 treaty now existing and in force with any such tribe or tribes ;" 

2670 and 

2671 Whereas it appears from the Creek treaty, made with the 

2672 United States by the Creek Nation, dated twenty-fourth day of 

2673 January, eighteen hundred and twenty-six, at the city of Wash- 

2674 ington, that they had the right to select, and did select, a part 

2675 of the country described within the boundaries mentioned above 

2676 in said Cherokee articles of agreement ; and 

3677 Whereas both the Cheerokee and Creek nations of Indians 

2678 west of the Mississippi, anxious to have their boundaries settled 

2679 in an amicable manner, have met each other in council, and, 

2680 after full deliberation, mutually agreed upon the boundary -lines 

2681 between them : 

2682 Now, therefore, the United States on one part, and the c iefs 



2683 aud head-men of the Cherokee Nation of Indians west of the 

268J: Mississippi on the other part, agree as follows : • 

2685 Article 1. The United States agree to possess the Cheer- 

2686 okees, and to gnarrautee it to them forever, and that guarrantee 

2687 is hereby pledged, of seven millions of acres of land, to be 

2688 bounded as follows, viz : Beginning at a point ou the old west- 

2689 eru territorial line of Arkansas Territory, being twenty -five miles 

2690 north from the point where the territorial line crosses Arkansas 

2691 Kiver; thence running from said north point, south, on the said 
2892 territorial line, to the place where said territorial line crosses 

2693 the Yerdigris Eiver ; thence down said Verdigris liiver to the 

2694 Arkansas Eiver ; thence down said Arkansas to a point where 

2695 a.stone is placed opposite to the east or lower bank of Grand 

2696 Eiver at its junction with the Arkansas ; thence running south, 

2697 forty -four degrees west, one mile : thence in a straight line to a 

2698 point four miles northerly from the mouth of the North Fork of 

2699 the Canadian ; thence along the said four-miles line to the Ca- 

2700 nadian; thence down the Canadian to the Arkansas; thence 

2701 down the Arkansas to that iioint on the Arkansas where the 

2702 eastern Choctaw boundary strikes said river ; and running thence 

2703 with the western line of Arkansas Territory as now defined, to 

2704 the southwest corner of Missouri ; thence along the western Mis- 

2705 souri line to the land assigned the Senecas ; thence on the south 

2706 line of the Senecas to Grand Eiver ; thence up said Grand Eiver 

2707 as far as the south line of the Osage reservation, extended if 

2708 necessary ; thence np and between said south Osage line, extended 

2709 west if necessary ; and a line drawn due west from the point of 

2710 beginning, to a certain distance west, at which a line running 

2711 north and south from said Osage line to said due west line will 

2712 make seven millions of acres within the whole described bound- 

2713 aries. In addition tb the seven millions of acres of land, thus 

2714 provided for, and bounded, the United States further guarrantee 

2715 to the Cheerokee Nation a perpetual outlet west and a free and 

2716 unmolested use of aU the country lying west of the western 

2717 boundary of said seven millions of acres as fa.v west as the sov- 

2718 ereignty of the United States and their right of soil extend : 
719 Provided, however., That if the saline, or salt plain, on the great 

2720 western prairie, shall fall within said limits prescribed for said 

2721 outlet, the right is reserved to the United States to permit 

2722 other tribes of red men to get salt on said plain in common with 

2723 the Cheerokees ; and letters-patent shall be issued by the United 

2724 States as soon as practicable for the land hereby guarranteed. 

2725 Article 2. The Cheerokee Nation hereby relinquish and 

2726 quit claim to the United States all the right, interest, and title 

2727 which the Cheerokees have or claim to have in and to all the 

2728 land ceded, or claimed to have been ceded to said Cheerokee Na- 



o 



64 

212\) tiou by said treaty of sixth of May, one thousand eight hundred 

-!730 and twenty-eight, and not embraced within the limits or bounda- 

2731 ries fixed in this present supplementary treaty or articles of 

2732 convention and agreement. 

2733 Article 3. The Cherokee Nation, having particularly re- 

2734 quested the United States to anuul and cancel the sixth article 

2735 of said treaty of sixth May, one thousand eight hundred and 

2736 twenty eigLt, the United States agree to cancel the same, and 

2737 the same is hereby annulled. Said sixth article referred to 

2738 is in the following words : " It is moreover agreed by the United 

2739 States, when the Oheerokees may desire it, to give them a plain. 

2740 set of laws, suited to their condition ; also, when they may wish to 

2741 lay off their lands and own them individually, a surveyor shall 

2742 be sent to survey them at the expense of the United States. 

2743 Article 4. In consideration of the establishment of new 

2744 boundaries in part, for the lands ceded to said Cheerokee Nation 

2745 and in view of the iraijrovem^ut of said nation, the United 

2746 States will cause to be erected, on land now guarranteed to the 

2747 said nation, four blacksmith shops, one wagou-maker shop, one 

2748 wheelwright shop, and necessary tools and implements furnished 

2749 for the same; together with one ton of iron, and two hundred 

2750 and fifty pounds of steel, for each of said blacksmith shops, lo 
2761 be worked up for the benefit of the poorer class of red men 

2752 belonging to the Cherokee Nation. And the United States "will 

2753 employ four blacksmiths, one wagou-maker, and one wheelwright, 

2754 to work in said shops respectively, for the benefit of said Cheer. 

2755 okee Nation ; and said materials shall be furnished annually, 

2756 and said services continued, so long as the President may deem 

2757 proper. And said United States will cause to be erected on 

2758 said lands, for the benefit of said Cheerokees, eight patent rail- 

2759 way corn mills, in lieu of the mills to be erected according to 

2760 the stipulation of the fourth article of said treaty of sixth of 

2761 May, one thousand eight hundred twenty-eight, from the avails 

2762 of the sale of the old agency. 

2763 Article 5. These articles of agreement and convention 

2764 are to be considered supplementary to the treaty before men- 

2765 tioned between the United States and the Cheerokee Nation west 

2766 of the Mississippi, dated sixth of May, one thousand eight hun- 

2767 dred and twenty-eight, and not to vary the rights of the parties 

2768 to said treaty, any further than said treaty is inconsistent with 

2769 the provisions of this treaty, now concluded, or these articles of 

2770 convention and agreement. 

2771 Article 6. It is farther agreed by the Cheerokee Nation* 

2772 that one mile square shall be reserved and set apart from the 

2773 lands hereby guaranteed for the accommodation of the Cheero' 

2774 kee agency; and the location of the same shall be designated 



65 

2775 by the Cheerokee Nation, iu coDjunction with the agent of the 

2776 Government of the United States. 

2777 Article 7. This treaty, or articles of convention, after the 

2778 same have been ratified by the President and Senate, shall be 

2779 obligatory on the United States and said Cheerokee Nation. 

2780 Proclaimed April 12, 1834. 

2781 Articles of a treaty concluded at New Uchota in the State of 

2782 Georgia on the 29th day of DecV, 1835, ly General William 

2783 Carroll and John F. Schermerhorn, commissioners on the part of 

2784 the United States, and the chiefs, head men, and people of the 

2785 Cher oTcee tribe of Indians. 

2786 Whereas the Cherokees are anxious to make some arrange - 

2787 ments with the Government of the United States whereby the 

2788 difaculties they have experienced by a residence within the 

2789 settled parts of the United States under the jurisdiction and 

2790 laws of the State governments may be terminated and adjusted ; 

2791 and with a view to reuniting their people in one body and 

2792 securing a permanent home for themselves and their posterity 

2793 in the country selected by their forefathers without the territo- 

2794 rial limits of the State sovereignties, and where they can estab- 

2795 lish and enjoy a government of their choice, and perpetuate such 

2796 a state of society as may be most consonant with their views, 

2797 habits, and condition, and as may tend to their individual com- 

2798 fort and their advancement in civilization ; and 

2799 Whereas a delegation of the Cherokee Kation, composed 

2800 of Messrs. John Boss, Eichard Taylor, Dan'l McCoy, Samuel 

2801 Gunter, and William Eogers, with full power and authority to 

2802 conclude a treaty with the United States, did on the 28th day 

2803 of February, 1835, stipulate and agree with the Government of 

2804 the United States to submit to the Senate to fix the amount 

2805 which should be allowed the Cherokees for their claims and for 

2806 a cession of their lands east of the Mississippi Elver, and did 

2807 agree to abide by the award of the Senate of the United States 

2808 themselves, and to recommend the same to their people for 

2809 their final determination ; and 

2810 Whereas on such submission the Senate advised "that 

2811 a sum not exceeding five millions of dollars be paid to the 

2812 Cherokee Indians for all their lands and possessions east of the 

2813 Mississippi Elver ;" and 

2814 Whereas this delegation, after said award of the Senate 

2815 had been made, were called upon to submit propositions as to 

2816 its disposition, to be arranged in a treaty, which they refused to 

2817 do, but insisted that the same " should be referred to their 

2818 nation and there in general council to deliberate and determine 

9lT 



66 

2819 on the subject in order to insure harmony and good feeling 

2820 among themselves ;" and 

2821 Whereas a certain other delegation, composed of John 

2822 Eidge, Elias Boudinot, Archilla Smith, S. W. Bell, John 

2823 West, W'm A. Davis, and Ezekiel West, who represented 

2824 that portion of the nation in favor of emigration to the Cherokee 

2825 country west of the Mississippi, entered into propositions for a 

2826 treaty with John F. Schermerhorn, commissioner on the part 

2827 of the United States, which were to be submitted to their nation 

2828 for their final action and determination ; and 

2829 Whereas the Cherokee people, at their last October coun- 

2830 cil at Eed Clay, fully authorized and empowered a delega- 

2831 tion or committee of twenty persons of their nation to enter into 

2832 and conclude a treaty with the United States commissioner then 

2833 present, at that place or elsewhere, and as the people had good 

2834 reason to believe that a treaty would then and there be made, or 

2835 at a subsequent council at New Bchota, which the commissioners, 

2836 it was well known and understood, were authorized and in- 

2837 structed to convene for said purpose ; and since tlie said dele- 

2838 gation have gone on to Washington City with a view to close 

2839 negotiations there, as stated by them, nothwithstanding they 

2840 were offlcially informed by the United States commissioner that 

2841 they would not be received by the President of the United 

2842 States, and that the Government would transact no business of 

2843 this nature with them, and that if a treaty was made it must 

2844 be done here in the nation, where the delegation at Washington 

2845 last winter urged that it should be done for the purpose ofpromot- 

2846 ing peace and harmony among the people ; and since these facts 

2847 have also been corroborated to us by a communication recently 

2848 received by the commissioner from the Government of the 

2849 United States, and read and explained to the people in open 

2850 council, and therefore believing said delegation can effect 

2851 nothing, and since our difiSculties are daily increasing, and our 

2852 situation is rendered more and more precarious, uncertain, and 

2853 insecure in consequence of the legislation of the States; and 

2854 seeing no effectual way of relief, but in accepting the liberal 

2855 overtures of the United States ; and 

2856 Whereas Gen'l William Carroll and John F. Scher- 

2857 merhorn were appointed commissioners on the part of the United 

2858 States, with full power and authority to conclude a treaty with 

2859 the Cherokees east, and were directed by the President to con- 

2860 vene the people of the nation in general council at New Echota, 

2861 and to submit said propositions to them with power and author- 

2862 ity to vary the same so as to meet the views of the Cherokees in 

2863 reference to its details ; and 

2864 Whereas the said commissioners did appoint and notify 



67 

2865 a general council of the nation to convene at New Echotaon the 

■2866 21st day of December, 1835, and informed them that the com- 

2867 missioners would be prepared to make a treaty with the Ohero- 

2868 kee people who should assemble there, and those who did not 

2869 come they should conclude gave their assent and sanction to 

2870 whatever should be transacted at this council, and the people 

2871 having met in council according to said notice: 

2872 Therefore, the following articles of a treaty are agreed upon 

2873 and concluded between William Carroll and John P. Schermer- 

2874 horn, commissioners on the part of the United States, and the 

2875 chiefs and head men and people of the Cherokee Nation, in gen- 

2876 eral council assembled this 29th day of Dec'r, 1835 : 

2877 Article 1. The Cherokee Nation hereby cede, relinquish, 

2878 and convey to the United States all the lands owned, claimed, 

2879 or possessed by them east of the Mississippi Kiver, and hereby 

2880 release all their claims upon the United States for spoliations of 

2881 every kind, for and in consideration of the sum of five millions 
2S82 of dollars, to be expended, paid, and invested in the manner 

2883 stipulated and agreed upon in the following articles. But as a 

2884 question has arisen between the commissioners and the Chero- 

2885 kees, whether the Senate in their resolution, by which they ad- 

2886 vised "that a sum not exceeding five millions of dollars be paid 

2887 to the Cherokee Indians for all their lands and possessions east 

2888 of the Mississippi Kiver," have included and made any allowance 

2889 or consideration for claims for spoliations ; it is therefore 

2890 agreed on the part of the United States that this question shall 

2891 be again submitted to the Senate for their consideration and de- 

2892 cision, and if no allowance was made for spoliations, that then 

2893 an additional sum of three hundred thousand dollars be allowed 

2894 for the same. 

2895 ARTICLE 2. Whereas, by the treaty of May 6th, 1828, and 

2896 the supplementary treaty thereto of Feb. 14th, 1833, with 

2897 the Cherokees west of the Mississippi, the United States guaran ■ 

2898 tied and secured to be conveyed by patent, to the Cherokee Na- 

2899 tion of Indians, the following tract of country: "Beginning at 

2900 a point on the old western territorial line of Arkansas Territory, 

2901 being twenty-flve miles north from the point where the territo- 

2902 rial line crosses Arkansas Eiver ; thence running from said north 

2903 point south on the said territorial line where the said territorial 

2904 line crosses Verdigris Eiver ; thence down said Verdigris Eiver 

2905 to the Arkansas Eiver ; thence down said Arkansas to a point 

2906 where a stone is placed opposite the east or lower bank of Grand 

2907 Eiver at its junction with the Arkansas; thence running south 

2908 forty-four degrees west one mile ; thence in a straight line to a 

2909 point four miles northerly, from the mouth of the north fork of 

2910 the Canadian ; thence along the said four-mile line to the Cana- 



• 68 

2911 dian ; thence down the Canadian to the Arkansas ; thence down 

2912 the Arkansas to that point on the Arkansas where the eastern 

2913 Choctaw boundary strikes said river, and running thence with 

2914 the western line of Arkansas Territory, as now defined, to the 

2915 southwest corner of Missouri ; thence along the western Missouri 

2916 line to the land assigned the Senecas; thence on the south line 

2917 of the Senecas to Grand Eiver ; thence up said Grand River as 

2918 far as the south line of the Osage reservation, extended if neces- 

2919 sary ; thence up and between said south Osage line, extended 

2920 west if necessary, and a line drawn due west from the point of 

2921 beginning to a certain distance west, at which a line running 

2922 north and south from said Osage line to said due west line will 

2923 make seven millions of acres within the whole described bounda- 

2924 ries. In addition to the seven millions of acres of land thus pro- 

2925 vided for and bounded, the United States further guaranty to 

2926 the Cherokee Nation a perpetual outlet west, and a free and un- 

2927 molested use of all the country west of the western boundary of 

2928 said seven millions of acres, as far west as the sovereignty of 

2929 the United States and their right of soil extend : Provided, how- 

2930 ever, That if the saline or salt plain on the western prairie shall 

2931 fall within said limits prescribed for said outlet, the right is re- 

2932 served to the United States to permit other tribes of red men to 

2933 get salt on said plain in common with the Cherokees ; and letters- 

2934 patent shall be issued by the United States as soon as prac- 

2935 ticable for the land hereby guarantied ;" and whereas it is ap- 

2936 prehended by the Cherokees that in the above cession there 

2937 is not contained a suflcient quantity of land for the accom- 

2938 modation of the whole nation on their removal west of the 

2939 Mississippi, the United States, in consideration of the sum of 

2940 five hundred thousand dollars therefore, hereby covenant and 

2941 agree to convey to the said Indians and their descendants, 

2942 by patent in fee simple, the following additional tract of land, 

2943 situated between the west line of the State of Missouri aud 

2944 the Osage reservation, beginning at the southeast corner of 

2945 the same and runs north along the east line of the Osage lands 

2946 fifty miles to the northeast corner thereof; and thence east to 

2947 the west line of the State of Missouri ; thence with said line 

2948 south fifty miles ; thence west to the place of beginning ; esti- 

2949 mated to contain eight hundred thousand acres of land ; but it 

2950 is expressly understood that if any of the lands assigned the 

2951 Quapaws shall fall within the aforesaid bounds the same shall 

2952 be reserved and excepted out of the lands above granted, and a 

2953 pro rata reduction shall be made in the price to be allowed to 

2954 the United States for the same by the Cherokees. 

2955 Article 3. The United States also agree that the lands 

2956 above, ceded by the treaty of Feb. 14, 1833, including the 



69 

[^2957. outlet, and those ceded by this treaty, shall all be included in 

2958 one patent executed to the Cherokee Nation of Indians by the 

2959 President of the United States according to the provisions of 

2960 the act of May 28, 1830. It is, however, agreed that the military 

2961 reservation at Fort Gibson shall be held by the United States. 

2962 But should the United States abandon said post and have no 

2963 further use for the same it shall revert to the Cherokee Nation. 

2964 The United States shall always have the right to make and es- 

2965 tablish such post and military forts in any part of the Cherokee 

2966 country as they may deem proper for the interest and protec- 

2967 tion of the same, and the free use of as much land, timber, fuel, 

2968 and materials of all kinds for the construction and support of 

2969 the same, as may be necessary ; provided that if the private 

2970 rights of individuals are interfered with, a just compensation 

2971 therefor shall be made. 

2972 Aeticle 4. The United States also stipulate and agree to 

2973 extinguish for the benefit of the Cherokees the titles to the res- 

2974 ervations within their country made in the Osage treaty of 

2975 1825 to certain half-breeds ; and for this purpose they hereby 

2976 agree to pay to the persons to whom the same belong or have 

2977 been assigned, or to their agents or guardians, whenever they 

2978 shall execute after the ratification of this treaty a satisfactory 

2979 conveyance for the same to the United States, the sum of flf- 

2980 teen thousand dollars, according to a schedule accompanying 

2981 this treaty of the relative value of the several reservations ; 

2982 and whereas by the several treaties between the United States 

2983 and the Osage Indians the Union and Harmony Missionary 

2984 reservations which were established for their benefit are now 

2985 situated within the country ceded by them to the United 

2986 States, the former being situated in the Cherokee country and 

2987 the latter in the State of Missouri, it is therefore agreed that 

2988 the United States shall pay the American Board of Commis. 

2989 sioners for Foreign Missions for the improvements on the same 

2990 what they shall be appraised at by Capt. Geo. Vashon, Cherokee 

2991 sub-agent, Abraham Eedfield, and A. P. Chouteau, or such 

2992 persons as the President of the United States shall appoint, and 

2993 the money allowed for the same shall be expended in schools 

2994 among the Osages and improving their condition. It is under- 

2995 stood that the United States are to pay the amount allowed for 

2996 the reservations in this article, and not the Cherokees. 

2997 Article 5. The United States hereby covenant and agree 

2998 that the lands ceded to the Cherokee Nation in the foregoing 

2999 article shall in no future time, without their consent, be included 

3000 within the territorial limits or jurisdiction of any State or Ter- 

3001 ritory. But they shall secure to the Cherokee Nation the right 

3002 by their national councils to make and carry into effect all such 



70 

3003 laws as they may deem necessary for the government and pro- 

3004 tection of the persons and property within their own country 

3005 belonging to their people or such persons as have connected 

3006 themselves with them : Provided always, That they shall not be 

3007 inconsistent with the Constitution of the United States and 

3008 such acts of Congress as have been or may be passed regulating 

3009 trade and intercourse with the Indians ; and also, that they shall 

3010 not be considered as extending to such citizens and army of the 

3011 United States as may travel or reside in the Indian country by 

3012 permission according to the laws and regulations established by 

3013 the Government of the same. 

3014 Aeticle 6. Perpetual peace and friendship shall exist be- 

3015 tween the citizens of the United States and the Cherokee Indians. 

3016 The United States agree to protect the Cherokee Nation from 

3017 domestic strife and foreign enemies and against intestine wars 

3018 between the several tribes. The Cherokees shall endeavor to 

3019 preserve and maintain the peace of the country and not make 

3020 war upon their neighbors. They shall also be protected against 

3021 interruption and intrusion from citizens of the United States, 

3022 who may attempt to settle in the country without their consent ; 

3023 and all such- persons shall be removed from the same by order 

3024 of the President of the United States. But this is not intended to 

3025 prevent the residence among them of useful farmers, mechanics, 

3026 and teachers for the instruction of Indians according to treaty 

3027 stipulations. 

3028 Article 7. The Cherokee Nation having already made great 

3029 progress in civilization, and deeming it important that every 

3030 proper and laudable inducement should be offered to their people 

3031 to improve their condition, as well as to guard and secure in tbe 

3032 most effectual manner the rights guarantied to thiem in this 

3033 treaty, and with a view to illustrate the liberal and enlarged policy 

3034 of the Government of the United States towards the Indians in 

3035 their removal beyond the territorial limits of the States, it is 

3036 stipulated that they shall be entitled to a delegate in the House 

3037 of Eepresentatives of the United States whenever Congress 

3038 shall make provision for the same. 

3039 Article 8. The United States also agree and stipulate to 

3040 remove the Cherokees to their new homos, and to subsist them 

3041 one year after their arrival there, and that a sufiQcient number 

3042 of steamboats and baggage- wagons shall be furnished to remove 

3043 them comfortably, and so as not to endanger their health, and 

3044 that a physician, well supplied with medicines, shall accompany 

3045 each detachment of emigrants removed by the Government. 

3046 Such persons and families as in the opinion of the emigrating 

3047 agent are capable of subsisting and removing themselves shall 

3048 be permitted to do so ; and they shall be allowed in full of all 



71 

3049 claims for the same twenty dollars for each member of their 

3050 family; and in lieu of their one year's rations, they shall be paid 

3051 the sum of thirty-three dollars and thirty-three cents if they 

3052 prefer it. 

3053 Such Cherokees also as reside at present out of the nation, 

3054 and shall remove with them in two years west of the Mississippi, 

3055 shall be entitled to allowance for removal and subsistence as 

3056 above provided. 

3057 Article 9. The United States agree to appoint suitable 

3058 agents who shall make a just and fair valuation of all such im- 

3059 provements now in the possession of the Cherokees as add any 

3060 value to the lauds; and also of the ferries owned by them, ac- 

3061 cording to their nett income ; and such improvements and ferries 
3063 from which they have been dispossessed in a lawless manner, or 

3063 under any existing laws of the State where the same may be 

3064 situated. 

3065 The just debts of the Indians shall be paid out of any moneys 

3066 due them for their improvements and claims; and they shall 

3067 also be furnished, at the discretion of the President of the 

3068 United States, with a sufflcient sum to enable them to obtain 

3069 the necessary means to remove themselves to their new homes, 

3070 and the balance of their dues shall be paid them at the Cherokee 

3071 agency west of the Mississippi. The missionary establishments 

3072 shall also be valued and appraised in a like manner, and the 

3073 amount of them paid over by the United States to the treasurers 

3074 of the respective missionary societies by whom they have been 

3075 established and improved, in order to enable them to erect such 

3076 buildings and make such improvements among the Cherokees 

3077 west of the Mississippi as they may deem necessary for their 

3078 benefit. Such teachers at present among the Cherokees as this 

3079 council shall select and designate, shall be removed west of the 

3080 Mississippi with the Cherokee Nation, and on the same terms 

3081 allowed to them. 

3082 Article 10. The President of the United States shall invest 

3083 in some safe and most productive public stocks of the country for 

3084 the benefi.t of the whole Cherokee Nation who have removed or 

3085 shall remove to the lands assigned by this treaty to the Chero- 

3086 kee Nation west of the Mississippi the following sums as per- 

3087 manent fund for the purposes hereinafter specifi.ed, and pay over 

3088 the nett income of the same annually to such person or persons as 

3089 shall be authorized or appointed by the Cherokee Nation to receive 

3090 the same, and their receipt shall be a fall discharge for the 

3091 amount paid to them, viz, the sum of two hundred thousand 

3092 dollars, in addition to the present annuities of the nation, to con- 

3093 stitute a general fund, the interest of which shall be applied 

3094 annually by the council of the nation to such purposes as they 



72 

3095 may deem best for the general interest of tlieir people. The sum 

3096 of fifty tliousaad dollars to constitute an orphans' fund, the 

3097 annual income of which shall be expended towards the support 

3098 and education of such orphan children as are destitute of the 

3099 means of subsistence. The sum of one hundred and fifty thou- 

3100 sand dollars, in addition to the present school-fund of the nation, 

3101 shall constitute a permanent school-fund, the interest of which 

3102 shall be applied annually by the council of the nation for the 

3103 support of common schools and such a literary institution of a 

3104 higher order as may be established in the Indian country. And 

3105 in order to secure as far as possible the true and beneficial appli- 

3106 cation of the orphans' and school fund, the council of the Chero- 

3107 kee Nation, when required by the President of the United 

3108 States, shall make a report of the application of those funds, and 

3109 he shall at all times have the right, if the funds have been mis- 

3110 applied, to correct any abuses of them, and direct the manner 

3111 of their application for the purposes for which they were intend- 

3112 ed. The council of the nation may, by giving two years' notice 

3113 of their intention, withdraw their funds by and with the consent 

3114 of the President and Senate of the United States, and invest 

3115 them in such manner as they may deem most proper for their 

3116 interest. The United States also agree and stipulate to pay the 

3117 just debts and claims against the Cherokee Nation held by the 

3118 citizens of the same, and also the just claims of citizens of the 

3119 United States for services rendered to the nation, and the sum of 

3120 sixty thousand dollars is appropriated for this purpose, but no. 

3121 claims against individual persons of the nation shall allow beed 

3122 and paid by the nation. The sum of three hundred thousand 

3123 dollars is hereby set apart to pay and liquidate the just claims 

3124 of the Oherokees upon the United States for spoliations of every 

3125 kind that have not been already satisfied under former treaties. 

3126 Article 11. The Cherokee Nation of Indians, believing it 

3127 will be for the interest of their people to have all their funds and 

3128 annuities under their own direction and future disposition, 

3129 hereby agree to commute their permanent annuity of ten thou- 

3130 sand dollars for the sum of two hundred and fourteen thousand 

3131 dollars, the same to be invested by the President of the United 

3132 States as a part of the general fund of the nation ; their present 
3J 33 school-fund, amounting to about fifty thousand dollars, shall con- 

3134 stltute a part of the permanent school-fund of the nation. 

3135 Article 12. Those individuals and families of the Cher- 

3136 okee Nation that are averse to a removal to the Cherokee 

3137 country west of the Mississippi, and are desirous to become citi- 

3138 zens of the States where they reside, and such as are qualified 

3139 to take care of themselves and their property, shall be entitled 

3140 to receive their due portion of all the personal benefits accru- 



73 

3141 ing under this treaty for their claims, improvements, and per 

3142 capita, as soon as an appropriation is made for this treaty. 

3143 Such heads of Cherokee families as are desirous to reside 

3144 within the States of No. Carolina, Tennessee, and Alabama 
3143 subject to the laws of the same, and who are qualified or cal- 

3 146 culated to become useful citizens, shall be entitled, on the certifi- 

3147 cate of the commissioners, to a pre-emption right to one hun- 

3148 dred and sixty acres of land, or one-quarter section, at the mini- 

3149 mum Congress price; so as to include the present buildings or 

3150 improvements of those who now reside there, and such as do not 

3151 live there at present shall be permitted to locate within two 

3152 years any lands not already occupied by persons entitled to pre- 

3153 emption privilege under this treaty; and if two or more families 

3154 live on the same quarter section, and they desire to continue 

3155 their residence in these States, and are qualified as above speci- 

3156 fied, they shall, on receiving their pre-emption certificate, be eu- 

3157 titled to the right of pre-emption to such lands as they may 

3158 select not already taken by any person entitled to them under 

3159 this treaty. 

3160 It is stipulated and agreed between the United States and 
31C1 the Cherokee people that John Eoss, James Starr, George Hicks, 
3102 John Gunter, George Chambers, John Eidge, Elias Boudinot, 

3163 George Sanders, John Martin, William Eogers, Eoman Nose 

3164 Situ wake, and John Timpson shall be a committee on the part 

3165 > of the Cherokees to recommend such persons for the privilege 

3166 of preemption rights as may be deemed entitled to tbe same 

3167 under the above articles, and to select the missionaries who 

3168 shall be removed with the nation ; and that they be hereby fully 

3169 empowered and authorized to transact all business on the part 

3170 of the Indians which may arise in carrying into effect the pro- 

3171 visions of this treaty and settling the same with the United 

3172 States. If any of the persons above mentioned should decline 

3173 acting, or be removed by death, the vacancies shall be filled by 

3174 the committee themselves. 

3175 IJ; is also understood and agreed that the sum of one hun- 

3176 dred thousand dollars shall be expended by the commissioners 

3177 in such manner as the committee deem best, for the benefit of 

3178 the poorer class of Cherokees as shall remove west or have re- 

3179 moved west, and are entitled to the benefits of this treaty. The 

3180 same to be delivered at the Cherokee agency west as soon after 

3181 the removal of the nation as possible. 

3182 Aeticle 13. In order to make a final settlement of all the 

3183 claims of the Cherokees for reservations granted under former 

3184 treaties, to any individuals belonging to the nation, by the 

3185 United States, it is therefore hereby stipulated and agreed and 

3186 expressly understood by the parties to this treaty, that all the 

10 I T 



74 

3187 Cherokees and their heirs and descendants to whom any reser- 

3188 vatious have been made under any former treaties with the 

3189 United States, and who have not sold or conveyed the same by 

3190 deed or otherwise, and who, in the opinion of the commissioners, 

3191 have complied with the terms on which the reservations were 

3192 granted, as far as practicable in the several cases, and which 

3193 reservations have since been sold by the United States, shall 

3194 constitute a just claim against the United States, and the orig- 

3195 inal reservees or their heirs or descendants shall be entitled to 

3196 receive the present value thereof, from the United States, as 

3197 unimproved lands. And all such reservations as have not been 

3198 sold by the United States, and where the terms on which the 

3199 reservations were made, in the opinion of the commissioners, 

3200 have been complied with as far as practicable, they or their heirs 

3201 or descendants shall be entitled to the same. They are hereby 

3202 granted and confirmed to them, and also all persons who were 

3203 entitled to reservations under the treaty of 1817, and who, 

3204 as far as practicable, in the opinion of the commissioners, have 

3205 complied with the stipulations of said treaty, alt-hough, by the " 

3206 treaty of 1819, such reservations were included in the unceded 

3207 lands belonging to the Cherokee Nation, are hereby confirmed 

3208 to them and they shall be entitled to receive a grant for the 

3209 same. And all such reservees as were obliged by the laws of 

3210 the States in which' their reservations were situated, to abandon 

3211 the same or purchase them from the States, shall be deemed to 

3212 have a j ust clai m against the United States for the amoun t by them 

3213 paid to the States, with interestthereon, for such reservations, and 

3214 if obliged to abandon the same, to the present value of such 

3215 reservations, as unimproved lands'; but in all cases where 

3216 the reservees have sold their reservations, or any part thereof, 

3217 aud conveyed the same by deed or otherwise, and have been 

3218 paid for the same, they, their heirs, or descendants, or their 

3219 assigns, shall not be considered as having any claims upon the 

3220 United States under this article of the treaty, nor be entitled 

3221 to receive any compensation for the lands thus disposed of. It 

3222 is expressly understood by the parties to this treaty that the 

3223 amount to be allowed for reservations under this article shall 

3224 not be deducted out of the consideration money allowed to the 

3225 Cherokees for their claims for spoliations and the cession of 

3226 their lands ; but the same is to be paid for independently by the 

3227 United States, as it is only a just fulfillment of former treaty 

3228 stipulations. 

3229 Article 14. It is also agreed on the part of the United 

3230 States that such warriors of the Cherokee Nation as were en- 

3231 gaged on the side of the United States in the late war with 

3232 Great Britain and the southern tribes of Indians, and who were 



75 

3233 wounded in such service, shall be entitled to such pensions as 

3234 shall be allowed them by the Congress of the United States, to 

3235 commence from the period of their disability. 

3236 Article 15. It is expressly understood and agreed between 

3237 the parties to this treaty that after deducting the amount which 

3238 shall be actually expended for the payment for improvements, 

3239 ferries, claims for spoliations, removal, subsistence, and debts 

3240 and claims upon the Cherokee Nation, and for the additional 

3241 quantity of lands and goods for the poorer class of Cherokees, 

3242 and the several sums to be invested for the general national 

3243 funds provided for in the several articles of this treaty, the 

3244 balance, whatever the same may be, shall be equally divided 

3245 between all the people belonging to the Cherokee Nation east 

3246 according to the census just completed ; and such Cherokees as 

3247 have removed west since June, 1833, who are entitled by the 

3248 terms of their enrolment and removal to all the benefits result- 

3249 ing from the final treaty between the United States and the 

3250 Cherokees east, they shall also be paid for their improvements 

3251 according to their approved value before their removal, where 

3252 fraud has not already been shown in their valuation. 

3253 Aetigle 16. It is hereby stipulated and agreed by the 

3254 Cherokees that they shall remove to their new homes within 

3255 two years from the ratification of this treaty, and that during 

3256 such time the United States shall protect and defend them iu 

3257 their possessions and property, and free use and occupation of 

3258 the same, and such persons as have been dispossessed of their 

3259 improvements and houses, and for which no giant has actually 

3260 issued previously to the enactment of the law of the State of 

3261 Georgia of December, 1835, to regulate Indian occupancy, shall 

3262 be again put in possession and placed in the same situation and 

3263 condition, in reference to the laws of the State of Georgia, as 

3264 the Indians that have not been dispossessed ; and if this is not 

3265 done, and the people are left unprotected, then the United 

3266 States shall pay the several Cherokees for their losses and dam- 

3267 ages sustained by them in consequence thereof. And it is also 

3268 stipulated and agreed that the public buildings and improve* 

3269 ments on which they are situated at New Echota, for which no 

3270 grant has been actually made previous to the passage of the 

3271 above recited act, if not occupied by the (Jherokee people, shall 

3272 be reserved for the public and the free use of the United States 

3273 and the Cherokee Indians, for the purpose of settling and closing 

3274 all the Indian business arising under this treaty between the 

3275 commissioners of claims and the Indians. 

3276 The United States, and the several States interested in the 

3277 Cherokee lands, shall immediately proceed to survey the lands 

3278 ceded by this treaty; but it is expressly agreed and understood 



76 

3279 between the parties that the agency buildings and that tract of 

3280 land surveyed and laid off for the use of Colonel E. J. Meigs, 

3281 Indian agent, or heretofore enjoyed and occupied by his sue- 

3282 cessors in ofSce, shall continue subject to the use and occupancy 

3283 of the United States, or such agent as may be engaged specially 

3284 superintending the removal of the tribe. 

3285 Aetiolb 17. All the claims arising under or provided for 

3286 in the several articles of this treaty shall be examined and 

3287 adjudicated by such commissioners as shall be appointed by the 

3288 President of the United States, by and with the advice and 

3289 consent of the Senate of the United States, for that purpose; 

3290 and their decision shall be final, and on their certificate of the 

3291 amount due the several claimants they shall be paid by the 

3292 United States. All stipulations in former treaties which have 

3293 not been superseded or annulled by this shall continue in full 

3294 force and virtue. 

3295 Article 18. Whereas in consequence of the unsettled 

3296 affairs of the Cherokee people, and the early frosts, their crops 

3297 are insufftcient to support their families, and great distress is 

3298 likely to ensue ; and whereas the nation will not until after 

3299 their removal be able advantageously to expend the income of 

3300 the permanent funds of the nation, it is therefore agreed that 

3301 the annuities of the nation which may accrue under this treaty 

3302 for two years, the time fixed for their removal, shall be expended 

3303 in provisions and clothing for the benefit of the poorer class of 

3304 the nation ; and the United States hereby agree to advance the 

3305 same for that purpose as soon after the ratification of this treaty 

3306 as an appropriation for the same shall be made. It is, however, 

3307 not intended in this article to interfere with that part of the 

3308 annuities due the Cherokees west by the treaty of 1819. 

3309 Article 19. This treaty, after the same shall be ratified 

3310 by the President and Senate of the United States, shall be 

3311 obligatory on the contracting parties. 

3312 Proclaimed May 23, 1836. 

3313 Whereas the Western Cherokees have appointed a delega- 

3314 tion to visit the Eastern Cherokees to assure them of the friendly 

3315 disposition of their people and their desire that the nation should 

3316 again be united as one people, and to urge upon them the expe- 

3317 diency of accepting the overtures of the trovernment; and that, 

3318 on their removal, they may be assured of a hearty welcome and 

3319 an equal participation with them in all the benefits and p'rivi- 

3320 leges of the Cherokee country west ; and the undersigned, two 

3321 of said delegation, being the only delegates in the eastern nation 

3322 from the west at the signing and sealing of the treaty lately 

3323 concluded at New Echota between their eastern brethren and 



77 

3324 the United States, and having fully understood the provisions 

3325 of the same, they agree to it in behalf of the Western Oherokees. 

3326 But it is expressly understood that nothing in this treaty shall 

3327 affect any claims of the Western Oherokees on the United States. 

3328 In testimony whereof we have, this 31st day of December, 

3329 1835, hereunto set our hands and seals. 

3330 JAMES EOGBES, 

3331 JOHN SMITH, 

3332 Delegates from the Western CheroTcees. 

3333 Schedule and estimated, value of the Osage half-breed reservations 

3334 within the territory ceded by the Gherolcees west of the 31issis- 

3335 sippi, {referred to in article 5 on the foregoing treaty,) viz : 

3336 Augustus Clamont, one section , $6, 000 

3337 James Clamont, one section 1, 000 

3338 Paul Clamont, one section 1, 300 

3339 Henry Clamont, one section 800 

3340 Anthony Clamont, one section 1, 800 

3341 Eosalie Clamont, one section .1 , 800 

3342 Emilia D., of Mihanga 1,000 

3343 Emilia D„ of Shemianga.... , 1,300 

3344 

3345 $15,000 

3346 I hereby certify that the above schedule is the estimated 

3347 value of the Osage reservations, as made out and agreed upon 

3348 with Col. A. P. Chouteau, who represented himself as the agent 

3349 or guardian of the above reservees. 

3350 J. P. SCHEEMEEHOEN. 

3351 Makch 14, 1835. 

3852 Supplementary articles to a treaty concluded at New JEehota, Geor- 

3353 gia, December 29, 1835, between the United States and Cherokee 

3354 people, 

3355 Whereas the , undersigned were authorized at the general 

3356 meeting of the Cherokee people held at 'New Echota, as above 

3357 stated, to make and assent to such alterations in the preceding 

3358 treaty as might be thought necessary; and whereas the Presi- 

3359 dent of the United States has expressed his determination not 

3360 to allow any pre-emptions or reservations, his desire being that 

3361 the whole Cherokee people should remove together and estab- 

3362 lish themselves in the country provided for them west of the 

3363 Mississippi river: 

3364 Article 1. It is therefore agreed that all the pre-emption 



78 

3365 rights and reservations provided for in articles 12 and 13 shall 

3366 be and are hereby relinquished and declared void. 

3367 Article 2. Whereas the Cherokee people have supposed 

3368 that the sum of five millions of dollars fixed by the Senate in 

3369 their resolution of day of March, 1835, as the value of the 

3370 Cherokee lands and possessions east of the Mississippi Eiver 

3371 was not intended to include the amount which may be required 

3372 to remove them, nor the value of certain claims which many of 

3373 their people had against citizens of the United States, which 

3374 suggestion has been confirmed by the opinion expressed to the 

3375 War Department by some of the Senators who voted upon the 

3376 question ; and whereas the President is willing that this subject 

3377 should be referred to the Senate for their consideration, and if 

3378 it was not intended by the Senate that the above-mentioned 

3379 sum of five millions of dollars should include tte objects herein 

3380 specified, that in that case such further provision should be 

3381 made therefor as might appear to the Senate to be just : 

3382 Article 3. It is therefore agreed that the sum of six hun- 

3383 dred thousand dollars shall be, and the same is hereby, allowed 

3384 to the Cherokee people, to include the expense of their removal, 
3386 and all claims of every nature afld description against the Gov- 

3386 ernment of the United States not herein otherwise expressly pro- 

3387 vided for, and to be in lieu of the said reservations and pre- 

3388 emptions, and of the sum of three hundred thousand dollars for 

3389 spoliations described in the 1st article of the above-mentioned 

3390 treaty. This sum of six hundred thousand dollars shall be ap- 

3391 plied and distributed agreeably to the provisions of the said 

3392 treaty, and any surplus which may remain after removal and 

3393 payment of the claims so ascertained, shall be turned over and 

3394 belong to the education fund. 

3395 But it is expressly understood that the subject of this arti- 

3396 cle is merely referred hereby to the consideration of the Senate, 

3397 and if they shall approve the same, then this supplement shall 

3398 remain part of the treaty. 

3399 Article 4. It is also understood that the provisions in ar- 

3400 tide 16, for the agency reservation, is not intended to interfere 

3401 with the occupant right of any Cherokees, should their improve- 

3402 ment fall within the same. 

3403 It is also understood and agreed, that the one hundred 

3404 thousand dollars appropriated in article 12 for the poorer class 

3405 of Cherokees, and intended as a set-off to the pre-emption rights, 
340G shall now be transferred from the funds of the nation and added 

3407 to the general national fund of four hundred thousand dollars, 

3408 so as to make said fund equal to five hundred thousand dollars. 

3409 Article 5. The necessary expenses attending the negotia- 

3410 tion of thie aforesaid treaty and supplement, and also of such- 



79 

3411 persons of the delegation as may sign the same, shall be de- 

3412 frayed by the United States. 

3413 Proclaimed May 23, 1836. 

3414 Articles of a treaty made and concluded at Washington, in the 

3415 District of Columbia, hetu-een the United States of America, by 

3116 three commissioners, Edmund Burlce, William Armstrong, and 

3117 Albion K. Parris ; and John Boss, principal chief of the Gher- 

3418 olcee Nation ; David Vann, William S. Goody, Richard Taylor, 

3419 ~ T. B. Walker, Clement V. McWair, Stephen Foreman, John 
3120 Drew, and Richard Field, delegates duly appointed by the reg. 
3421 uldrly constituted authorities of the Gherolcee Nation ; George 
3122 W. Adair, John A. Bell, Stand Watie, Joseph M. Lynch, John 

3423 Huss, and Brice Martin, a delegation appointed by, and reprv. 

3424 senting that portion of the GheroTcee tribe of Indians Icnoicn 

3425 and recognized as the ^'Treaty Party ;" John Broton, Captain 

3426 Dutch, John L. McCoy, Richard Drew, and Fllis Phillips, 

3427 delegates appointed by, and representing, that portion of the 

3428 Gheroleee Tribe of Indians Imoicn and recognized as " Western 

3429 Gherolcees," or "■Old. Settlers." 

3430 Whereas serious diflSculties have, for a considerable time 

3431 past, existed between the different portions of the people consti- 

3432 tilting and recognized as the Cherokee Nation of Indians, which 

3433 it is desirable should be speedily settled, so that peace and har- 

3434 mony may be restored among them ; and whereas certain claims 

3435 exist on the part of the Cherokee Nation, and portions of the 

3436 Cherokee people, against the United States : Therefore, with a 

3437 view to the final and amicable settlement of the difficulties and 

3438 claims before mentioned, it is mutually agreed by the several 

3439 parties to this convention as follows, viz : 

3440 Article 1. That the lands now occupied by the Cherokee Na- 

3441 tion shall be secured to the whole Cherokee people for their commou 

3442 use and benefit; and a patent shall be issued for the same, in- 
3143 eluding the eight hundred thousand acres purchased, together 

3444 with the outlet west, promised by the United States, in conform- 

3445 ity with the provisions relating thereto, contained in the third 

3446 article of the treaty of 1835, and in the third section of the act 

3447 of Congress approved May twenty-eighth, 1830, which author- 

3448 izes the President of the United States, in making exchanges of 

3449 lands with the Indian tribes, " to assure the tribe or nation with 

3450 which the exchange is made that the United States will forever 
3151 secure and guarantee to them, and their heirs or successors, the 

3452 country so exchanged with them ; and if they prefer it that the 

3453 United States will cause a patent or grant to be made and exe- 

3454 cuted to them for the same : Provided, always. That such lands 



80 

3455 shall revert to the United States if the Indians become extinct 

3456 or abandon the same." 

3457 Aeticle 2. All difiaculties and differences heretofore ex- 

3458 isiting between the several parties of the Cherokee Nation are 

3459 hereby settled and adjasted, and shall, as far as possible, be for- 

3460 gotten and forever buried in oblivion. All party distinctions 

3461 shall cease, except so far as they may be necessary to carry oat 

3462 this convention or treaty. A general amnesty is hereby declared. 

3463 All offences and crimes committed by a citizen or citizens of the 

3464 Cherokee Nation against the nation, or against an individual or 

3465 individnals, are hereby pardoned. All Cherokees who are now 

3466 out of the nation are invited and earnestly requested to return to 

3467 their homes, where they may live in peace, assured that they shall 

3468 not be prosecuted for any offence heretofore committed against 

3469 the Cherokee Nation, or any individual thereof. And this par- 

3470 don and amnesty shall extend to all who may now be out of the 

3471 nation, and who shall return thereto on or before 1st day of De- 

3472 cember next. The several parties agree to unite in enforcing 

3473 the laws against all future offenders. Laws shall be passed for 

3474 equal protection, and for the security of life, liberty, and pro- 

3475 perty ; and full authority shall be given by law, to all or any 

3476 portion of the Cherokee people, peaceably to assemble and pe- 

3477 tition their own government, or the Government of the United 

3478 States, for the redress of grievances, and to discuss their rights. 

3479 All armed police, light horse, and other military organization, 

3480 shall be abolished, and the laws enforced by the civil authority 

3481 alone. 

3482 No one shall be punished for any crime or misdemeanor ex- 

3483 cept on conviction by a jury of his country, and the sentence of 

3484 a court duly authorized by law to take cognizance of the offence. 

3485 And it is further agreed, all fugitives from justice, except those 

3486 included in the general amnesty herein stipulated, seeking ref- 

3487 uge in the territory of the United States, shall be delivered up 

3488 by the authorities of the United States to the Cherokee Nation 

3489 for trial and punishment. 

3490 Aktiolb 3. Whereas certain claims have been allowed by 

3491 the several boards of commissioners heretofore appointed un- 

3492 der the treaty of 1835, for rents, under Jhe name of improve- 

3493 meuts and spoliations, and for property of which the Indians 

3494 were dispossessed, provided for under the 16th article of the 
3493 treaty of 1833 ; and whereas the said claims have been paid out 

3496 of the $5,000,000 fund ; and whereas said claims were not justly 

3497 chargeable to that fund, but were to be paid by the United 

3498 States, the said United States agree to re-imburse the said fund 

3499 the amount thus charged to said fund, and the same shall form 

3500 a part of the aggregate amount to be distributed to the Chero- 



81 

3501 kee people, as provided ia the- 9th article of this treaty; and 

3502 whereas a further amount has been allowed for reservations un- 

3503 der the provisions of the 13th article of the treaty of 1835, by 

3504 said commissioners, and has been paid out of the said fund, and 

3505 which said sums were properly chargeable to, and should have 

3506 been paid by, the United States, the said United States further 

3507 agree to re-imburse the amounts thus paid for reservations to 

3508 said fund ; and whereas the expenses of making the treaty of 

3509 New Bchoto were also paid out of said fund, when they should 

3510 have been borne by the United States, the United States agree 

3511 to reimburse the same, and also to re-imburse all other sums 

3512 paid to any agent of the government, and improperly charged 

3513 to said fund ; and the same also shall form a part of the aggre- 

3514 gate amount to be distributed to the Cherokee people, as pro- 

3515 vided in the 9th article of this treaty. 

3516 Article 4. And whereas it has been decided by the board 

3517 of commissioners recently appointed by the President of the 

3518 United States to examine and adjust the claims and difficulties 

3519 existing against and between the Cherokee people and the 

3520 United States, as well as between the Cherokees themselves, 

3521 that under the provisions of the treaty of 1828, as well as in 

3522 conformity with the general ijolicy of the United States in rela- 

3523 tion to the Indian tribes, and the Cherokee Nation in particular, 

3524 that that portion of the Cherokee people known as the " Old 

3525 Settlers," or " Western Cherokees," had no exclusive title to the 

3526 territory ceded in that treaty, but that the same was intended for • 

3527 the use of, and to be the home for, the whole nation, including 

3528 as well that portion then east as that portion then west of the 

3529 Mississippi ; and whereas the said board of commissioners fur- 

3530 ther decided that, inasmuch as the territory before mentioned 

3531 became the common property of the whole Cherokee Nation by 

3532 the operation of the treaty of 1828, the Cherokees then west of 

3533 the Mississippi, by the equitable operation of the same treaty, 

3534 acquired a common interest iu the lands occupied by the Cher- 

3535 okees east of the Mississippi river, as well as in those occupied 

3536 by themselves west of that river, which interest should have 

3537 been provided for in the treaty of 1835, but which was not, 

3538 except in so far as they, as a constituent portion of the nation, 

3539 retained, in proportion to their numbers, a common interest in 

3540 the country west of the Mississippi, and in the general funds of 

3541 the nation ; and therefore they have an equitable claim upon 

3542 the United States for the value of that interest, whatever it 

3543 may be. Now, in order to ascertain the value of that interest, 

3544 it is agreed that the following principle shall be adopted, viz: 

3545 All the investments and expenditures which are properly 

3546 chargeable upon the sums granted in the treaty of 1835, amount- 

11 IT 



82 

3547 ing in the whole to five millions six hundred thousand dollars, 

3548 (which investments and expenditures are particularly enumer- 

3549 ated in the 15th article of the treaty of 1835,) to be first de- 

3550 ducted from said aggregate sum, thus ascertaining the residuum 

3551 or amount which would, under such marshalling of accounts, 

3552 be left for ^er capita distribution among the Oherokees, emigrat- 

3553 ing under the treaty of 1835, excluding all extravagant and 

3554 improper expenditures, and then allow to the Old Settlers (or 

3555 Western Cherokees) a sum equal to one third part of saidre- 

3556 siduum, to be distributed per capita to each individual of said 

3557 party of " Old Settlers," or " Western Cherokees." It is further 

3558 agreed that, so far as the Western Cherokees are concerned, in 

3559 estimating the expense of removal and subsistence of an East- 

3560 ern Cherokee, to be charged to the aggregate fund of five mil- 

3561 lion, six hundred thousand dollars above mentioned, the sums 

3562 for removal and subsistence stipulated in the 8th article of the 

3563 treaty of 1835, as commutation money in those cases in which 

3564 the parties entitled to it removed themselves shall be adopted. 

3565 And as it affects the settlement with the Western Cherokees, 

3566 there shall bo no deduction from the fund before mentioned in 

3567 consideration of any payments which may hereafter be made out 

3568 of said fund ; and it is hereby further understood and agreed, 

3569 that the principle above defined shall embrace all those Chero- 

3570 kees west of the Mississippi who emigrated prior to the treaty 

3571 of 1835. 

3572 In the consideration of the foregoing stipulation on the part 

3573 of the United States, the " Western Cherokees," or " Old Set- 

3574 tiers," hereby release and quit-claim to the United States all 

3575 right, title, interest, or claim they may have to a common prop- 

3576 erty in the Cherokee lands east of the Mississippi Eiver, and to 

3577 exclusive ownership to the lands ceded to them by the treaty of 

3578 1833 west of the Mississippi, including the outlet west, consent- 

3579 ing and agreeing that the said lands,, together with the eight 

3580 hundred thousand acres ceded to the Cherokees by the treaty of 

3581 1835, shall be and remain the common property of the whole 

3582 Cherokee people, themselves included. 

3583 Article 5. Itis mutually agreed that the jper co^jiia allow- 

3584 ance to be given to the " Western Cherokees," or " Old Settlers,'" 

3585 upon the princii)le above stated, shall be held in trust by the 

3586 Government of the United States^ and paid out to each individ- 

3587 ual belonging to that party or head of family, or his legal rep- 

3588 resentatives. And it is further agreed that the per capita al- 

3589 lowance to be paid as aforesaid shall not be assignable, but shall 

3590 be paid directly to the persons entitled to it, or to his heirs or 

3591 legal representatives, by the agent of the United States, au- 

3592 thorized to make such payments. 



83 

3593 And it is farther agreed that a committee of five persons shall 

3594: be appointed by the President of the United States, from the 

3595 party of "Old Settlers," whose duty it shall be, in conjunction 

3596 with an agent of the United States, to ascertain what persons 

3597 are entitled to the per capita allowance pro\aded for in this and 

3598 the preceding article. 

3599 Akticle G. And whereas many of that portion of the Chero- 

3600 kee people known and designated as the " Treaty Party " have 

3601 suffered losses an d incurred expenses in consequence of the treaty 

3602 of 1835 ; therefore, to indemnify the treaty party, the United 

3603 States agree to pay to the said treaty party the sum of one 

3604 hundred and fifteen thousand dollars, of which the sum of five 

3605 thousand dollars shall be paid by the United States to the heirs 
3006 or legal representatives of Major Eidge, the sum of five thou- 

3607 sand dollars to the hejrs or legal representatives of John Eidge, 

3608 and the sum of five thousand dollars to the heirs or legal repre- 

3609 sentatives of Elias Boudinot, and the balance, being the sum of 

3610 one hundred thousand dollars, which shall be paid by the United 

3611 States, in^uch amounts and to such persons as maybe certified 

3612 by a committee to be appointed by the treaty partj^, and which 

3613 committee shall consist of not exceeding five persons, and ap- 
3611 proved by an agent of the United States, to be entitled to re- 

3615 ceive the same for losses and damages sustained by them, or by 

3616 those of whom they are the heirs or legal representatives : Pro- 

3617 vided, That out of the said balance of one hundred thousand 

3618 dollars, the present delegation of the treaty party may receive 

3619 the sum of twenty-five thousand dollars, to be by them applied 

3620 to the payment of claims and other expenses. And it is further 

3621 provided that, if the said sum of one hundred thousand dollars 

3622 should not be sufficient to pay all the claims allowed for losses 

3623 and damages, that then the same shall be paid to the said claim 
3621 ants pro rata, and which payments shall be in full of all claims 

3625 and losses of the said treaty party. 

3626 Article 7. The value of all salines which were the private 

3627 property of individuals of the Western Cherokees, and of which 

3628 they were dispossessed, provided there be any such, shall be as- 

3629 certained by the United States agent, and a commissioner to be 

3630 appointed by the Cherokee authorites ; and, should they be un- 

3631 able to agree, they shall select an umpire, whose decision shall 

3632 be final, and the several amounts found due shall be i)aid by the 

3633 Cherokee Nation, or the salines returned to their respective 

3634 owners. 

3635 Article 8. The United States agree to pay to the Chero- 

3636 kee IsTation the sum of two thousand dollars for a printing-press, 

3637 materials, and other property destroyed at that time ; the sum 

3638 of five thousand dollars to be equally divided among all those 



84 

3639 wbose arms were taken from them previous to their removal 

3640 West by order of an officer of the United States ; and the further 

3641 sum of twenty thousand dollars, in lieu of all claims of the 

3642 Cherokee !N"ation, as a nation, prior to the treaty of 1835, except 

3643 all lands reserved, by treaties heretofore made, for school funds. 

3644 Article 9. The United States agree to make a fair and 

3645 just settlement of all moneys due to the Oherokees, and subject 

3646 to the per capita division under the treaty of 29th December, 

3647 1835, which said settlement shall exhibit all money properly ex- 

3648 pended under said treaty, and shall embrace all sums paid for 

3649 improvements, ferries, spoliations, removal, and subsistence, 

3650 and commutation therefor, debts and claims upon the Cherokee 

3651 Nation of Indians, for the additional quantity of land ceded to 

3652 said nation ; and the several sums provided in the several ar- 

3653 tides of the treaty, to be invested as the general funds of the 

3654 nation ; and also all sums which may be hereafter properly al- 

3655 lowed and paid under the provisions of the treaty of 1835. The 

3656 aggregate of which said several sums shall be deducted from 

3657 the sum of six millions six hundred and forty-seven thousand 

3658 and sixty-seven dollars, and the balance thus found to be due 

3659 shall be paid over, per capita, in equal amounts, to all those in- 

3660 dividuals, heads of families, or their legal representatives, en- 

3661 titled to receive the same under the treaty of 1835, and the sup- 

3662 plement of 1836, being all those Cherokees residing east at the 

3663 date of said treaty and the supplement thereto. 

3664 Article 10. It is expressly agreed that nothing in the fore- 

3665 going treaty contained shall be so construed as in any manner 

3666 to take away or abridge any rights or claims which the Chero- 

3667 kees now residing In States east of the Mississippi Eiver had, 

3668 or may have, under the treaty of 1835 and the supplement 

3669 thereto. 

3670 Article 11. Whereas the Cherokee delegations contend 

3671 that the amount expended for the one year's subsistence, after 

3672 their arrival in the west, of the Eastern Cherokees, is not prop- 

3673 erly chargeable to the treaty fund ; it is hereby agreed that that 

3674 question shall be submitted to the Senate of the United States 

3675 for its decision, which shall decide whether the subsistence shall 

3676 be borne by the United States or the Cherokee funds, and if by 

3677 the Cherokees, then to say whether the subsistence shall be 

3678 charged at a greater rate than thirty-three ^-^g dollars per head ; 

3679 and also the question, whether the Cherokee Nation sball be 

3680 allowed interest on whatever sum may be found to be due the 

3681 nation, and from what date and at what rate per aniuim. 

3682 Article 12. {a.) The Western Cherokees, called " Old Set- 

3683 tlers,"-in assenting to the general provisions of this treaty in 

3684 behalf of their people, have expressed their fixed opinion that. 



85 

3685 ia making a settlement with them upon the basis herein estab- 

3686 lished, the expenses incurred for the removal and subsistence of 

3687 Cherokees, aftfer the twenty-third day of May, 1838, should not 

3688 be charged upon the five millions of dollars allowed to the Cher- 

3689 okees for their lands under the treaty of 1835, or on the fund 

3690 provided by the third article of the supplement thereto ; and 

3691 that no part of the spoliations, subsistence, or removal, pro- 

3692 vided for by the several articles of said treaty and the supple- 

3693 ment thereto, should be charged against them in their settlement 

3694 for their interest in the Cherokee country east and west of the 

3695 Mississippi Eiver. And the delegation of " Old Settlers," or 

3696 " Western Oherokees," propose that the question shall be sub- 

3697 mitted with this treaty to the decision of the Senate of the 

3698 United States, of what portion, if any, of the expenditures made 

3699 for removal, subsistence, and spoliations under the treaty of 

3700 1835, is properly and legally chargeable to the five-million fund. 

3701 And they will abide by the decison of the Senate. 

3702 Aeticle 13. This treaty, after the same shall be ratified by 

3703 the President and Senate of the United States, shall be obliga- 

3704 tory on the contracting parties. 

3705 Proclaimed August 17, 1846. 

3706 Treaty beticeen the United States of America and the Cherolcee 

3707 Nation of Indians^ concluded July 19, 1806 ; ratification advised, 

3708 with amendments, July 27, 1866 ; amendments accepted July 31, 

3709 1860. 

3710 Andrew Johnson, President of the United States of America, 

3711 to all and singular to whom these presents shall come greet- 

3712 ing: 

3713 Whereas a treaty was made and concluded at the city of 

3714 Washington, in the District of Columbia, on the nineteenth day 

3715 of July, in the year of Lord one thousand eight hundred and 

3716 sixty-six, by and between Dennis N. Cooley and Elijah Sells, 

3717 commissioners on the part of the United States, and Smith 

3718 Christie, White Catcher, James McDaniel, S. H. Benge, Daniel 

3719 H. Eoss, and J. B. Jones, delegates of the Cherokee Nation, 

3720 appointed by resolution of the national council, on the part of 

3721 said Cherokee Nation, which treaty is in the words and figures 

3722 following, to wit : 

3723 Articles of agreement and convention at the city of Washin gton, 

3724 on the nineteenth day of July, in the year of our Lord one 

3725 thousand eight hundred and sixty-six, between the United 

3726 States, represented by Dennis N. Cooley, Commissioner of 

3727 Indian Affairs, [and] Elijah Sells, superintendent of Indian 



86 

3728 affairs for the soutliern superintendency, and the Cherokee 

3729 Nation of Indians, represented by its delegates, James Mc- 

3730 Daniel, Smith Christie, White Catcher, S. H, Benge, J. B. 

3731 Jones, and Daniel H. Eoss, John Boss, principal chief of 

3732 the Cherokees, being too unwell to join in these negotia- 

3733 tions. 

3734 ■ PREAMBLE. 

3735 Whereas existing treaties between the United States and 

3736 the Cherokee Nation are deemed to be insuflQcient, the said con- 

3737 tracting parties agree as follows, viz : 

3738 Article 1. The pretended treaty made with the so-called 

3739 Confederate States of the Cherokee Nation, on the seventh day 

3740 of October, eighteen hundred and sixty-one, and repudiated by 

3741 the national council of the Cherokee Nation on the eighteenth 

3742 day of February, eighteen hundred and sixty-three, is hereby 

3743 declared to be void. 

3744 Article 2. Amnesty is hereby declared by the United States 

3745 and the Cherokee Nation for all crimes and misdemeanors com- 

3746 mitted by one Cherokee on the person or property of another 

3747 Cherokee, or of a citizen of the United States, prior to the fourth 

3748 day of July, eighteen hundred and sixty-six; and no right of 

3749 action arising out of wrongs committed in aid or in the suppres- 

3750 sion of the rebellion shall be prosecuted or maintained in the 

3751 courts of the United States or in the courts of the Cherokee 

3752 Nation. 

3753 But the Cherokee Nation stipulate and agree to deliver up 

3754 to the United States, or their duly authorized agent, any or all 

3755 public property, particularly ordnance, ordnance stores, arms of 

3756 all kinds, and quartermaster's stores, in their possession or con- 

3757 trol, which belonged to the United States or the so-called Con- 

3758 federate States, without any reservation. 

3759 Article 3. The confiscation laws of the Cherokee Nation 

3760 shall be repealed, and the same, and all sales of farms and im- 

3761 provements on real estate, made or pretended to be made in 

3762 pursuance thereof, are hereby agreed and declared to be null 

3763 and void, and the former owners of such property so sold, their 

3764 heirs or assigns, shall have the right peaceably to re-occupy 

3765 their homes, and the purchaser under the confiscation laws, or 

3766 his heirs or assigns, shall be repaid by the treasurer of the 

3767 Cherokee Nation from the national funds the money paid for 

3768 said property and the cost of permanent improvements on such 

3769 real estate made thereon since the confiscation sale; the cost of 

3770 such improvements.to be fixed by a commission, to be composed 

3771 of one person designated by the Secretary of the Interior and 

3772 one by the principal chief of the nation, which two may ap- 



87 

3773 point a third in cases of disagreement, which cost so fixed shall 

3774 be refunded to the national treasurer by the returning Chero- 

3775 kees within three years from the ratification hereof. 

3776 Abticle 4. All the Cherokees and freed persons who were 

3777 formerly slaves to any Cherokee, and all free negroes not hav- 

3778 ing been such slaves, who resided in the Cherokee Nation prior 

3779 to June first, eighteen hundred and sixty-one, who may within 

3780 two years elect not to reside northeast of the Arkansas Eiver 

3781 and southeast of Grand River, shall have the right to settle in 

3782 and occupy the Canadian district southwest of the Arkansas 

3783 River, and also all that tract of country lying northwest of 

3784 Grand River, and bounded on the southeast by Grand River 

3785 and west by the Creek reservation to the northeast corner 

3786 thereof; from thence west on th^ north Hue of the Creek reser- 

3787 vation to the ninety-sixth degree of west longitnde; and thence 

3788 north on said line of longitude so far that a line due east to 

3789 Grand River will include a quantity of land equal to one hun- 

3790 dred and sixty acres for each iierson who may so elect to reside 

3791 in the territory above-described in this article: Provided, That 

3792 that part of said district north of the Arkansas River shall not 

3793 be set apart until it shall be found that the Canadian district is 

3794 not sufficiently large to allow one hundred and sixty acres to 

3795 each person desiring to obtain settlement under the provisions 

3796 of this article. 

3797 * Article 5. The inhabitants electing to reside in the dis- 

3798 triot described in the preceding article shall have the right to 

3799 elect all their local of&cers and judges, and the number of dele- 

3800 gates to which by their numbers they may be entitled in any 

3801 general council to be established in the Indian Territory under 

3802 the provisions of this treaty, as stated in Article XII, and to 

3803 control all their local affairs, and to establish all necessary 

3804 police regulations and rules for the administration of justice in 

3805 said district, not inconsistent with the constitution of the Cher- 

3806 okee Nation or the laws of the United States : Provided, The 

3807 Cherokees residing in said district shall enjoy all the rights and 

3808 privileges of other Cherokees who may elect to settle in said 

3809 district as hereinbefore provided, and shall hold the same rights 

3810 and privileges and be subject to the same liabilities as those who 

3811 elect to settle in said district under the provisions of this 

3812 treaty: Provided also, That if any such police regulations or 

3813 rules be adopted which, in the opinion of the President, bear 

3814 oppressively on any citizen of the nation, he may suspend the 

3815 same. And all rules or regulations in said district, or in any 

3816 other district of the nation, discriminating against the citizens 

3817 of other districts, are prohibited, and shall be void. 

3818 Article 6. The inhabitants of the said district hereiube- 



88 

3819 fore described shall be entitled to representation according to 

3820 numbers in the national council, and all laws of the Cherokee 

3821 Nation shall be uniform throughout said nation. And should 

3822 any such law, either in its provisions or in the manner of its 

3823 enforcement, in the opinion of the President of the United 

3824 States, operate unjustly or injuriously in said district, he is 

3825 hereby authorized and empowered to correct such evil, and to 

3826 adopt the means necessary to secure the impartial administra- 

3827 tion of justice, as well as a fair and equitable application and 

3828 expenditure of the national funds as between the people of this 

3829 and of every other district in said nation. 

3830 Article 7. The United States court to be created in the 

3831 Indian Territory ; and until such court is created therein, the 

3832 United States district court, the nearest to the Cherokee Nation, 

3833 shall have exclusive original jurisdiction of all causes, civil and 

3834 criminal, wherein an inhabitant of the district hereinbefore de- 

3835 scribed shall be a party, and where an inhabitant outside of 

3836 said district, in the Cherokee Nation, shall be the other party, 

3837 as plaintiff or defendant in a civil cause, or shall be defendant 

3838 or prosecutor in a criminal case, and all process issued in said 

3839 district by any ofiicer of the Cherokee Nation, to be executed 

3840 on an inhabitant residing outside of said district, and all pro- 

3841 cess issued by any officer of the Cherokee Nation outside of 

3842 said district, to be executed on an inhabitant residing in said 

3843 district, shall be to all intents and purposes null and void, un- 

3844 less indorsed by the district judge for the district where such 

3845 process is to be served, and said person, so arrested, shall be 

3846 held in custody by the officer so arresting him, until he shall be 
3817 delivered over to the United States marshal, or consent to be 

3848 tried by the Cherokee court : Provided, That any or all the pro- 

3849 visions of this treaty, which make any distinction in rights and 

3850 remedies between the citizens of any district and the citizens of 

3851 the rest of the nation, shall be abrogated whenever the Presi- 

3852 dent shall have ascertained, by an election duly ordered by him, 

3853 that a majority of the voters of such district desire them to be 

3854 abrogated, and he shall have declared such abrogation : And 

3855 provided further, That no law or regulation to be hereafter en- 

3856 acted within said Cherokee Nation or any district thereof, pre- 

3857 scribing a penalty for its violation, shall take effect or be en- 

3858 forced until after ninety days from the date 'of its promulga- 

3859 tion, either by publication in one or more newspapers of geu- 
3800 eral circulation in said Cherokee Nation, or by posting up copies 
3861 thereof in the Cherokee and English languages in each district 
.3862 where the same is to take effect, at the usual place of holding 

3863 district courts. 

3864 Aeticle 8. No license to trade in goods, wares, or mer- 



89 

3865 cbandise merchandise shall be granted bj' the TJuited States to 

3866 trade in the Cherokee Nation, unless approved by the Cherokee 

3867 national council, except in the Canadian district, and such other 

3868 district north of Arkansas Eiver and west of Grand Eiver oc- 

3869 cnpied by the so called southern Cherokees, as provided in Ar- 

3870 tide 4 of this treaty. 

3871 Article 9. The Cherokee Nation having, voluntarily, in 

3872 February, eighteen hundred and sixty-three, by an act of their 

3873 national council, forever abolished slavery, hereby covenant and 

3874 agree that never hereafter shall either slavery or involuntary 

3875 servitude exist in their nation otherwise than in the punishment 

3876 of crime, whereof the party shall have been duly convicted, in 

3877 accordance with laws applicable to all the members of said tribe 

3878 alike. They further agree that all freedmen who have been 
3379 liberated by voluntary act of their former owners or by law, 

3880 as well as all free colored persons who were in the country at the 

3881 commencement of the rebellion, and are now residents therein, 

3882 or who may return within six months, and their descendants, 

3883 shall have all the rights of native Cherokees : Provided, That 

3884 owners of slaves so emancipated in the Cherokee Nation shall 

3885 never receive any compensation or pay for the slaves so emanci- 

3886 pated. 

3887 Article 10. Every Cherokee and freed person resident in 

3888 the Cherokee Nation shall have the right to sell any products of 

3889 his farm, including his or her live stock, or any merchandise or 

3890 manufactured products, and to ship and drive the same to market 

3891 without restraint, paying any tax thereon which is now or may 

3892 be levied by the United States on the quantity sold outside of 

3893 the Indian Territory. 

3894 Article 11. The Cherokee Nation hereby grant a right of 

3895 way not exceeding two hundred _ feet wide, except at stations, 

3896 switches, water-stations, or crossing of rivers, where more may 

3897 be indispensable to the full enjoyment of the franchise herein 

3898 granted, and then only two hundred additional feet shall be 

3899 taken, and only for such length as may be absolutely necessary^ 

3900 through all their lands, to any company or corporation which 

3901 shall be duly authorized by Congress to construct a railroad 

3902 from any point north to any part south, and from any point east . 

3903 to any point west of, and which may pass through, the Cherokee 

3904 Nation. Said company or corporation, and their employes and 

3905 laborers, while constructing and repairing the same, and in 

3906 operating said road or roads, including all necessary agents on 

3907 the line, at stations, switchesi water-tanks, and all others neces- 

3908 sary to the successful operation of a railroad, shall be protected 

3909 in the discharge of their duties, and at all times subject to the 

12 IT 



90 

3910 Indian intercourse laws, now or which may hereafter be enacted 

3911 and be in force in the Cherokee Kation. 

3912 Article 12. The Cherotees agree that a general council, 

3913 consisting of delegates elected by each nation or tribe lawfully 

3914 residing within the Indian Territory, may be annually convened 

3915 in said Territory, which council shall be organized in such man- 

3916 ner and possess such powers as hereinafter prescribed. 

3917 First. After the ratification of this treaty, and as soon as 

3918 may be deemed practicable by the Secretary of the Interior, and 

3919 prior to the first session of said council, a census or enumeration 

3920 of each tribe lawfully resident in said Territory shall be taken 

3921 under the direction of the Commissioner of Indian Affairs, who 

3922 for that purpose is hereby authorized to designate and appoint 

3923 competent persons, whose compensation shall be fixed by the 

3924 Secretary of the Interior, and paid by the United States. 

3925 Second. The first general council shall consist of one mem- 

3926 ber from each tribe, and an additional member for each one 

3927 thousand Indians, or each fraction of a thousand greater than 

3928 five hundred, being members of any tribe lawfully resident in 

3929 said Territory, and shall be selected by said tribes respectively* 

3930 who may assent to the establishment of said general council ; 

3931 and if none should be thus formally selected by any nation or 

3932 tribe so assenting, the said nation or tribe shall be represented 

3933 in said general council by the chief or chiefs and headmen of 

3934 said tribes, to be taken in the order of their rank as recognized 

3935 in tribal usage, in the same number and proportion as above 

3936 indicated. After the said census shall have been taken and 

3937 completed, the supei'intendent of Indian affairs shall publish and 

3938 declare to each tribe assenting to the establishment of such 

3939 council the number of members of such council to which they 

3940 shall be entitled under the provisions of this article, and the 

3941 persons entitled to represent said tribes shall meet at such time 

3942 and place as he shall approve ; but thereafter the time and place 

3943 of the sessions of said council shall be determined by its action : 

3944 Provided, That no session in any one year shall exceed the term 

3945 of thirty days : And provided, That special sessions of said 

3946 council may be called by the Secretary of the Interior whenever 

3947 in his judgment the interest of said tribes shall require such 

3948 special session. 

3949 Third. Said general council shall have power to legislate 

3950 upon matters pertaining to the intercourse and relations of the 

3951 Indian tribes and nations and colonies of freedmen resident in 

3952 said Territory; the arrest and extradition of criminals and offend- 

3953 ers escaping from one tribe to another, or into any commuinty 

3954 of freedmen J the administration of justice between members of 

3955 different tribes of said Territory and persons other than Indians 



91 

£956 and members of said tribes or nations ; and the common defence 

3957 and safety of the nations of said Territory. 

3958 All laws enacted by such council shall take effect at such 

3959 time as may therein be provided, unless suspended by direction 

3960 of the President of the United States. No law shall be enacted 

3961 inconsistent with the Constitution of the United States, or laws 
3962, of Congress, or existing treaty stipulations with the United 

3963 States. 'Not shall said council legislate upon matters other than 

3964 those above indicated : Provided, however, That the legislative 

3965 power of such general council may be enlarged by the consent 

3966 of the national council of each nation or tribe assenting to its 

3967 establishment, with the approval of the -President of the United 

3968 States. 

3969 Fourth.. Said council shall be presided over by such person 

3970 as may be designated by the Secretary of the Interior. 

3971 Fifth. The council shall elect a secretary, whose duty it 

3972 shall be to keep an accurate record of all the proceedings of said 

3973 council, and who shall transmit a true copy of all such proceed- 

3974 ings, duly certified by the presiding ofiScer of such council, to 

3975 the Secretary of the Interior, and 'to each tribe or nation repre. 

3976 sented in said council, immediately after the sessions of said 

3977 council shall terminate. He shall be paid out of the Treasury o^ 

3978 the United States an annual salary of five hundred dollars. 

3979 Sixth. The members of said council shall be paid by the 

3980 United States the sum of four dollars per diem during the term 

3981 actually in attendance on the sessions of said council, and at the 

3982 rate of four dollars for every twenty miles necessarily travelled 

3983 by them in going from and returning to their homes, respectively, 

3984 from said council, to be certified by the secretary and president 

3985 of the said council. 

3986 Article 13. The Cherokees also agree that a court or courts 

3987 may be established by the United States in said Territory, with 

3988 such jurisdiction and organized in such manner as may be pre- 

3989 scribed by law: Provided, That the judicial tribunals of the 

3990 nation shall be allowed to retain exclusive jurisdiction in all ' 

3991 civil and criminal cases arising within their country in which 

3992 members of the nation, by nativity or adoption, shall be the 

3993 only parties, or where the cause of action shall arise in the 

3994 Cherokee Nation, except as otherwise provided in this treaty. 

3995 Article 14. The right to the use and occupancy of a quan- 

3996 tity of land not exceeding one hundred and sixty acres, to be se- 

3997 lected according to legal subdivisions in one bodj', and to include 

3998 their improvements, and not including the improvements of any 

3999 member of the Cherokee Nation, is hereby granted to every so- 

4000 ciety or denomination which has erected, or which with the con* 

4001 sent of the national council may hereafter erect, buildings within 



92 

4002 the Cherokee country for missionary or edacational purposes. 

4003 But no land thus gra.nted, nor buildings which have been or may 

4004 be erected thereon, shall ever be sold or [ojtherwise disposed of 

4005 except with the conseat and approval of the Cherokee national 

4006 council and the Secretary of the In terior. And whenever 

4007 any such lands or buildings shall be sold or disposed of, the pro- 

4008 ceeds thereof shall be applied by said society or societies for 

4009 like purposes within said nation, subject to the approval of the 

4010 Secretary of the Interior. 

4011 Article 15. The United States may settle any civilized 

4012 Indians, friendly with the Cherokees and adjacent tribes, within 

4013 the Cherokee country, on unoccupied lands east of 96°, on such 
4014. terms as may be agreed upon by any such" tribe and the Chero- 
4915 kees, subject to the approval of the President of the United 

4016 States, which shall be consistent with the following provisions, 

4017 viz : Should any such tribe or band of Indians settling in said 

4018 country abandon their tribal organization, there being first paid 

4019 into the Cherokee national fund a sum of money which shall 

4020 sustain the same proportion to the then existing national fund 
4031 that the number of Indians sustain to the whole number of 

.4022 Cherokees then residing in the Cherokee country, they shall be 

4023 incorporated into and ever after remain a part of the Cherokee 

4024 jSTation, on equal terms in every respect with native citizens^ 

4025 And should any such tribe, thus settling in said country, decide 

4026 to preserve their tribal organizations, and to maintain their 

4027 tribal laws, customs, and usages, not inconsistent with the con- 

4028 stitution and laws of the Cherokee Nation, they shall have a dis- 

4029 trict of country set off for their use by metes and bounds equal 

4030 to one hundred and sixty acres, if they should so decide, for 

4031 each man, woman and child of said tribe, and shall pay for the 

4032 same into the national fund such i^rice as may be agreed on by 

4033 them and the Cherokee Nation, subject to the approval of the 

4034 President of the United States, and in cases of disagreement 

4035 the price to be fixed by the President. 

4036 And the said tribe thus settled shall also pay into the 

4037 national fund a sum of money, to be agreed on by the respective 

4038 parties, not greater in proportion to the whole existing national 

4039 fund and the probable proceeds of the lands herein ceded or au- 

4040 thorized to be ceded or sold than their numbers bear to the 

4041 whole number of Cherokees then residing in said country, aud 

4042 thence afterwards they shall enjoy all the rights of native Cher- 

4043 okees. But no Indians who have no tribal organizations, or 

4044 who shall determine to abandon their tribal organizations, shall 

4045 be permitted to settle east of the 96° of longitude without the ' 
4040 consent of the Cherokee national council, or of a delegation 
4047 duly appointed by it, being first obtained. And no Indians 



93 

4048 who have and determine to preserve their tribal organizations 

4049 shall be permitted to settle, as herein provided, east of the 96° of 

4050 longitude without such consent being first obtained, unless the 

4051 President of the United States, after a full hearing of the ob- 

4052 jections offered by said council or delegation to such settlement, 

4053 shall determine that the objections are insufficient, in which 

4054 case he may authorize the settlement of such tribe east of the 

4055 960 of longitude. 

4056 Article 16. The United States may settle friendly Indians 

4057 in any part of the Cherokee country west of 96°, to be taken in 

4058 a compact form in quantity not exceeding one hundred and 

4059 sixty acres for each member of each of said tribes thus to be 

4060 settled ; the boundaries of each of said districts to be distinctly 

4061 , marked, and the land conveyed in fee-simple to each of said 

4062 tribes to be held in common or by their members in severalty as 

4063 the United States may decide. 

4064 Said lands thus disposed of to be paid for to the Cherokee 

4065 S'atidn at such price as may be agreed on between the said par- 

4066 ties in interest, subject to the approval of the President; and 

4067 if they should not agree, then the price to be fixed by the Pres- 

4068 ident. 

4069 The Cherokee Nation to retain the right of possession of 

4070 and jurisdiction over all of said country west of 96° of longi- 

4071 tude until thus sold and occupied, after which their jurisdiction 

4072 and right Of possession to terminate forever as to each of said 

4073 districts thus sold and occupied. 

4074 Akticle 17. The Cherokee Nation hereby cedes, in trust to 

4075 tbeUnited States, the tract of laud in the State of Kansas which 

4076 was sold to the Cherokees by the United States, under the pro- 

4077 visions of the second article of the treaty of 1835 ; and also 

4078 that strip of the land ceded to the nation by the fourth article 

4079 of said treaty which is included in the State of Kansas, and 

4080 the Cherokees consent that said lands may be included in the 

4081 limits and jurisdiction of the said State. 

4082 The lands herein ceded shall be surveyed as the public lands 

4083 of the United States are surveyed, under the direction of the 

4084 Commissioner of the General Land-OfSce, and shall be appraised 

4085 by two disinterested persons, one to be designated by the Cher- 

4086 okee national council and one by the Secretary of the Interior, 

4087 and, in case of disagreement, by a third person, to be mutually 

4088 selected by the aforesaid appraisers. The appraisement to be 

4089 not less than an average of one dollar and a quarter i)er acre, 

4090 exclusive of improvements. 

4091 And the Secretary of the Interior shall, from time to time, 

4092 as such surveys and appraisements are approved by him, after 

4093 due advertisements for sealed bids, sell such lands to the high- 



94 

4094 est bidders for cash, in parcels not exceeding one hundred and 

4095 sixty acres, and at not less than the appraised value: Provided, 

4096 That whenever there are improvements of the value of fifty dollars 

4097 made on the lands not being mineral, and owned aijd personally 

4098 occupied by any person for agricultural purposes at the date of 

4099 the signing hereof, such person so owning, and in person resid- 

4100 ing on such improvements, shall, after due proof, made under 

4101 such regulations as the Secretary of the Interior may prescribe, 

4102 be entitled to buy, at the appraised value, the smallest quantity of 

4103 land in legal subdivisions, which will include his improvements, 
4104. not exceeding in the aggregate one hundred and sixty acres ; the 
4105 expenses of survey and appraisement to be paid by the Secre- 
4100 tary out of the proceeds of sale of said land: Provided, That 

4107 nothing in this article shall prevent the Secretary of the Interior 

4108 from selling the whole of said lands not occcupied by actual set- 

4109 tiers at the date of the ratification of this treaty, not exceeding 

4110 one hundred and sixty acres to each person entitled topre-emp- 

4111 tion under the pre-emption laws of the United States, in a body, 

4112 to any responsible party, for cash, for a sum not less than one 

4113 dollar per acre. 

4114 Article 18. That any lands owned by the Cherokees in the 

4115 State of Arkansas, and in States east of the Mississippi, may 

4116 be sold by the Cherokee Nation in such manner as their national 

4117 council may prescribe, all such sales being first approved by the 

4118 Secretary of the Interior. 

4119 Article 19. All Cherokees being heads of families residing 

4120 at the date of the ratification of this treaty on any of the lands 

4121 herein ceded, or authorized to be sold, and desiring to remove to 

4122 the reserved country, shall be paid by the purchasers of said 

4123 lands the value of such improvements, to be ascertained and 

4124 appraised by the commissioners who appraise the lands, subject 

4125 to the approval of the Secretary of the Interior ; and if he shall 

4126 elect to remain on the land now occupied by him, shall be enti- 

4127 tied to receive a patent from the United States in fee-simple for 

4128 three hundred and twenty acres of land, to include his improve- 

4129 ments, and thereupon he and his family shall cease to be mem- 

4130 bers of the nation. 

4131 And the Secretary of the Interior shall also be authorized 

4132 to pay the reasonable costs and expenses of the delegates of the 

4133 southern Cherokees. 

4134 The moneys to be paid under this article shall be paid out 

4135 of the proceeds of the sales of the national lands in Kansas. . 

4136 Article 20. "Whenever the Cherokee national council shall 

4137 request it, the Secretary of the Interior shall cause the country 

4138 reserved for the Cherokees to be surveyed and allotted among 

4139 them, at the expense of the United States. 



95 

4140 Article 21. It being difficult to learn the precise boundary 

4141 line between the Cherokee country and the States of Arkansas, 

4142 Missouri, and Kansas, it is agreed that the United States shall, 

4143 at its own expense, cause the same to be run as far west as the 

4144 Arkansas, and marked by permanent and conspicuous monu- 

4145 ments, by two commissioners, one of whom shall be designated 

4146 by the Cherokee national council. 

4147 Article 22. The Cherokee national council, or any duly 

4148 appointed delegation thereof, shall have the privilege to appoint 

4149 an agent to examine the accounts of the nation with the 

4150 Government of the United States, at such time as they may 

4151 see proper, and to continue or discharge such agent, and to ap- 

4152 point another, as may be thought best by such council or dele- 

4153 gation; and such agent shall have free access to all accounts 

4154 and books in the executive departments relating to the business 

4155 of said Cherokee Nation, and an opportunity to examine the 

4156 same in the presence of the officer having such books and pa- 

4157 pers in charge. 

4}58 Article 23. All fnnds now due the nation, or that may 

4159 hereafter accrue froan the sale of their lands by the United 

4160 States, as hereinbefore provided for, shall be invested in the 
4101 United States registered stocks at their current value, and the 

4162 interest on all said funds shall be paid semi-annually, on the 

4163 order of the Cherokee Nation, and shall be applied to the fol- 

4164 lowing purposes, to wit : Thirty-five per cent, shall be applied 

4165 for the support of the common-schools of the nation and educa- 

4166 tional purposes; fifteen per cent, for the orphan fund, and fifty 

4167 per cent, for general purposes, including reasonable salaries of 

4168 district officers; andthe Secretary of the Interior, with the ap- 
4109 ■ proval of the President of the United- States, may pay out of 

4170 the funds due the nation, on the order of the national council 

4171 or a delegation duly authorized by it, such amount as he may 

4172 deem necessary to meet outstanding obligations of the Cherokee 

4173 Nation, caused by the suspension of the payment of their annu- 

4174 ities, not to exceed the sum of one hundred and fifty thousand 

4175 dollars. 

4176 Article 24. As a slight testimony for the useful and ardu- 

4177 ous services of the Eev. Evan Jones, for forty years a mission- 

4178 ary in the Cherokee Nation, now a cripple, old and poor, it is 

4179 agreed that the sum of three thousand dollars be paid to him, 

4180 under the direction of the Secretary of the Interior, out of any 

4181 Cherokee fund in or to come into his hands not otherwise appro- 

4182 priated. 

4183 Articl-e 25. A large number of the Cherokees who served 

4184 in the Army of the United States having died, leaving no heirs 

4185 entitled to receive bounties and arrears of pay on account of 



96 

4186 such service, it is agreed that all bonnties and arrears for ser- 

4187 vice in the regiments of Indian United States volunteers which 

4188 shall remain unclaimed by any person legally entitled to receive 

4189 the same for two years from the ratification of this treaty, shall 

4190 be paid as the national council may direct, to be applied to the 

4191 foundation and support of an asylum for the education of orphan 

4192 children, which asylum shall be under the control of the national 

4193 council, or of such benevolent society as said council may desig- 

4194 nate, subject to the approval of the Secretary of the Interior. 
4195. Article 26. Tbe United States guarantee to the people of 

4196 the Cherokee Nation the quiet and peaceable possession of their 

4197 country and protection against domestic feuds and insurrec- 

4198 tions, and against hostilities of other tribes. They shall also 

4199 be protected against inter[r]uptions or intrusion from all un- 

4200 authorize'd citizens of the United States who may attempt 

4201 to settle on their lands or reside in their territory. In case of 

4202 hostilities among the Indian tribes, the United States agree that 

4203 the party or parties commencing IJtie same shall, so far as prac- 

4204 ticable, make reparation for the damages done. 

4205 Article 27. The United States shall have the right to es- 

4206 tablish one or more military posts or stations in the Cherokee 

4207 Nation, as may be deemed necessary for the proper protection 

4208 of the citizens of the United States lawfully residing therein and 

4209 the Cherokees and other citizens of the Indian country. But 

4210 no sutler or other person connected therewith, either in or oat 

4211 of the military organization, shall be permitted to introduce any 

4212 spirit[u]ous, vinous, or malt liquors into the Cherokee Nation, 

4213 except the medical department proper, and by them only for 

4214 strictly medical purposes. And all persons not in the military 

4215 service of the United States, not citizens of the Cherokee Nation, 

4216 are to be prohibited from coming into the Cherokee Nation, or 

4217 remaining in the same, except as herein otherwise provided; 

4218 and it is the duty of the United States Indian agent for the 

4219 Cherokees to have such persons, not lawfully residing or sojourn- 

4220 ing therein, removed from the nation, as they now are, or here- 

4221 after may be, required by the Indian intercourse laws of the 

4222 United States. 

4223 Article 28. The United States hereby agree to pay for 

4224 provisions and clothing furnished the army under Appothole- 

4225 hala in the winter of 1861 and 1862, not to exceed the sum of 

4226 ten thousand dollars, the accounts to be ascertained and settled 

4227 by the Secretary of the Interior. 

4228 Article 29. The sum of ten thousand dollars, or so much 

4229 thereof as may be necessary to pay the expenses of the dele- 

4230 gates and representatives of the Cherokees invited by the Grov- 

4231 ernment to visit Washington for the purposes of making this 



97 

4232 treaty, shall be paid by the United States on the ratification of 

4233 this treaty. 

4234 Article 30. The United States agree to pay to the proper 

4235 claimants all losses of property by missionaries or missionary 

4236 societies, resulting from their being ordered or driven from the 

4237 country by United States agents, and from their property being 

4238 taken and occupied or destroyed by hy United States troops, not 

4239 exceeding in the aggregate twenty thousand dollars, to be ascer- 

4240 tained by the Secretary of the Interior. 

4241 A.ETICLB 31. All provisions of treaties heretofore ratified 

4242 and in force, and not inconsistent -with the provisions of this 

4243 treaty, are hereby re-affirmed and declared to be in full force ; 

4244 and^ nothing herein shall be construed as an acknowledgment 

4245 by the United States, or as a relinquishment by the Cherokee 

4246 Nation of any claims or demands under the guarantees of former 

4247 treaties, except as herein expressly provided. 

4248 Proclaimed July 10, 1866. 

4249 Supplemental article to the treaty of July 19, 1866, between the 

4250 United States of America and the Cherokee Nation of Indians, 

4251 concluded April 27,1868; ratifications advised Jun:e 6,1868; 

4252 proclaimed June 10, 1868. 

4253 x\NDREW Johnson, President of the United States of America, 

4254 to all and singular to whom these presents shall come, 

4255 greeting: 

4256 Whereas to a treaty concluded at the city of Washington, 

4257 in the District of Columbia, on the nineteenth day of July, In 

4258 the year of our Lord one thousand eight hundred and sixty-six, 

4259 between the United States of America and the Cherokee Nation 

4260 of Indians, through their respective representatives, a supple- 

4261 mental article was made and concluded at the city of Washing- 

4262 ton, in the District of Columbia, on the twenty-seventh day of 

4263 April, in the year of our Lord one thousand eight hundred and 

4264 sixty-eight, by and between Nathaniel C Taylor, commissioner, 

4265 on the part of the United States, and Lewis Downing, H. D. 

4266 Keese, Samuel Smith, Wm. P. Adair, J. P. Davis, Elias 0. Bou- 

4267 dinot, J. A. Scales, and Arch. Scraper, delegates of the said 

4268 Cherokee Nation of Indians, on the part of said Indians, and 

4269 duly authorized thereto by them, which supplemental article of 

4270 treaty is in the words and figures following, to wit: 

4271 Supplemental article to a treaty concluded at Washington City, 

4272 July 19th, A. D. 1866 ; ratified with amendments July 27th, 

4273 A. D. 1866; amendments accepted July 31st, A. D. 1866 j 

4274 and the whole proclaimed August 11th, A. D. 1866, between 

13 I T 



98 

4275 the United States of America aud the Cherokee Nation of 

4276 Indians. 

4277 Whereas under the provisions of the seventeenth article of 

4278 a treaty and amendments thereto made between the United 

4279 States and the Cherokee Nation of Indians, and proclaimed 

4280 August 11th, A. D. 1866, a contract was made and entered into 

4281 by James Harlan, Secretary of the Interior, on behalf of the 

4282 United States, of the one part, and by the American Emigrant 

4283 Company, a corporation chartered and existing under the laws 

4284 of the State of Connecticut, of the other part, dated August 

4285 30th, A. D. 1866, for the sale of the so-called " Cherokee neu- 

4286 tral lands,'" in the State of Kansas, containing eight hundred 

4287 ■ thousand acres, more or less, with the limitations and restric- 

4288 tions set forth in the said seventeenth article of said treaty as 

4289 amended, on the terms and conditions therein mentioned, which 

4290 contract is now on file in the Department of the Interior ; and 

4291 Whereas Orville H. Browning, Secretary of the Interior, 

4292 regarding said sale as illegal and not in conformity with 

4293 said treaty and amendments thereto, did, on the ninth day of 

4294 October, A. D. 1867, for and in behalf of the United States, 

4295 enter into a contract with James F. Joy, of the city of Detroit, 

4296 Michigan, for the sale of the aforesaid lands on the terms and 

4297 conditions in said contract set forth, and which is on file in the 

4298 Department of .the Interior ; and 

4299 Whereas, for the purpose of enabling the Secretary of the 

4300 Interior, as trustee for the Cherokee Nation of Indians, to 

4301 collect the proceeds of sales of said lands and invest the same 

4302 for the benefit of said Indians, and for the purpose of prevent- 

4303 ing litigation and of harmonizing the conflicting interests of the 

4304 said American Emigrant Company and of the said James F. 

4305 Joy, it is the desire of all the parties in interest that the said 

4306 American Emigrant Company shall assign their said contract and 

4307 all their right, title, claim, and interest in and to the said " Cher- 

4308 okee neutral lands" to the said James F. Joy, and that the said 

4309 Joy shall assume and conform to all the obligations of said com- 

4310 pany under their said contract, as hereinafter modified : 

4311 ' It is, therefore, agreed, by and between Nathaniel G. Taylor, 

4312 commissioner on the part of the United States of America, and 

4313 Lewis Downing, H. D. Eeese, Wm. P. Adair, Elias C. Boudinot, 

4314 J. A. Scales, Archie Scraper, J. Porum Davis, and Samuel Smith, 

4315 commissioners on the part of the Cherokee Nation of Indians, 

4316 that an assignment of the contract made and entered into on the 

4317 30th day of August, A. D. 1866, by and between James Harlan, 

4318 Secretary of the Interior, for and in behalf of the United States 

4319 of America, of the one part, and the American Emigrant Com- 

4320 pany, a corporation chartered and existing under the laws of the 



99 

4321 State of Connecticut, of the other part, and now on file in the 

4322 Department of the Interior, to James P. Joy, of the city of De- 

4323 troit, Michigan, shall be made ; and that said contract, as herein 

4324 after modified, be and the same is hereby, with the consent of 

4325 all parties, re-affirmed and declared valid ; and that the contracf 

4326 entered into by and between Orville H. Browning, for and in 
432? behalf of the United States, of the one part, and James F. Joy, 

4328 of the city of Detroit, Michigan, of the other part, on the 9th 

4329 day of October, A. D. 1867, and now on file in the Department 

4330 of the Interior, shall be relinquished and cancelled by the said 

4331 James P. Joy, or his duly authorized agent or attorney ; and the 

4332 said first contract as hereinafter modified, and the assignment 

4333 of the first contract, and the relinquishment of the second con- 

4334 tract, are hereby ratified and confirmed, whenever said assign- 

4335 ment of the first contract and the relinquishment of the second 

4336 shall be entered of record in the Department of the Interior, and 

4337 when the said James P. Joy shall have accepted said assignment 

4338 and shall have entered into a contract with the Secretary of the 

4339 Interior to assume and perform all obligations of the said 

4340 American Emigrant Company under said first-named contract, 

4341 as hereinafter- modified. 

4342 The modifications hereinbefore mentioned of said contract 

4343 are hereby declared to be — 

4344 1. That within ten days from the ratification of this supple- 

4345 mental article the sum of seventy-five thousand dollars shall be 

4346 paid to the Secretary of the Interior as trustee for the Cherokee 

4347 Juration of Indians. 

4348 2. That the other deferred payments specified in said con- 

4349 tract shall be paid when they respectively fall due, with interest 

4350 only from the date of the ratification hereof. 

4351 It is further agreed and distinctly understood that, under 

4352 the conveyance of the " Cherokee neutral lands " to the said 

4353 American Emigrant Company, " with all beneficial interests 

4354 therein," as set forth iu said contract, the said company and 

4355 their assignees shall take only the residue of said lands after 

4356 securing to " actual settlers" the lands to which they are entitled 

4357 under the provisions of the seventeenth article and amendments 

4358 thereto of the said Cherokee treaty of August 11th, 1866 ; and 

4359 that the proceeds of the sales of said lauds, so occupied at the 

4360 date of said treaty by " actual settlers," shall enure to the sole 

4361 benefit of, and be retained by, the Secretary of the Interior as 

4362 trustee for the said Cherokee Nation of Indians. 
4303 Proclaimed April 27, 1868. 



100 



4364 CREEKS. 

4365 A treaty of peace and friendship, made and, concluded between the 

4366 President of the United States of America, on the part and he- 

4367 half of the said States, and the undersigned Kings, Chiefs, and 

4368 Warriors of the Greek Ifation, of Indians, on the part and behalf 

4369 of the said Nation. 

4370 The parties being desirous of establishing permanent peace 

4371 and friendship between the United States and the sail Creek 

4372 Nation, and the citizens and members thereof, and to remove the 

4373 causes of war by ascertaining their limits, and making other 

4374 necessary, just, and friendly arrangements: the President of the 

4375 United States, by Henry Knox, Secretary for the Department of 

4376 War, whom he hath constituted with full powers for these pur- 

4377 poses, by and with the advice and consent of the Senate of the 

4378 United States, and the Creek Nation, by the undersigned Kings, 

4379 Chiefs, and Warriors, representing the said nation, have agreed 

4380 to the following articles. 

4381 Article 4. * * * the United States will cause the sum 

4382 of one thousand and five hundred dollars to be paid annually to 

4383 the said Creek Nation. 

4384 Proclaimed August 13, 1790. 

4385 N. B. The other portions of this treaty are suppressed by 

4386 that of August 7, 1856. (See page 113.) 

4387 A treaty of limits between the United States of America and the 

4388 Creek Nation of Indians. 

4389 Thomas Jefferson, President of the United States of Amer- 

4390 ica, by James Wilkinson, of the State of Maryland, Brigadier-Gen- 

4391 eral in the Army of the United States, Benjamin Hawkins, of North 

4392 Carolina, and Andre w Pickens, of South Carolina, Commissioners 

4393 Plenipotentiary of the United States, on the one part, and the 

4394 Kings, Chiefs, Head-Men and Warriors of the Creek Nation, in 

4395 council assembled, on the other part, have entered into the fol- 

4396 lowing articles and conditions, viz : 

4397 Article 2. TheCommissionersoftheUnitedStates,forandin 

4398 consideration of the foregoing concession on the part of the Creek 

4399 Nation, and in full satisfaction for the same, do hereby covenant 

4400 and agree with the said nation, in behalf of the United States, 

4401 that the said States shall pay to the said nation, annually, and 

4402 every year, the sum of three thousand dollars. # # * 

4403 Proclaimed January 11, 1803. 

4404 N. B. The other portions of this treaty are superseded by that 

4405 of August 7, 1856. (See page 113.) 



101 

4406 Articles of a treaty made at the City of Washington, this twenty- 

4407 fourth day of January, one thousand eight hundred and twenty- 

4408 six, between James Barhour, Secretary of War, thereto specially 

4409 authorised by the President of the United States, and the under- 

4410 signed. Chiefs andSead-Men of the Greek Nation of Indians, who 

4411 have received full 'power fromthesaidnatlonto concludeand ar- 

4412 ran^e all the matters herein provided for. 

4413 Article 4, The United States agree to paj- to the said nation 

4414 an additional perpetual annuity of twenty thousand dollars. 

4415 Proclaimed January 24, 1826, 

4416 N. B. The other portions of this treaty are superseded by 

4417 that of August 7, 1856. (See page 113.) 

4418 Articles of a treaty made at the City of Washington beticeen Lewis 

4419 Cass, thereto specially authorized by the President of the United 

4420 States, and the Creek tribe of Indians. 

4421 Akticle 1. The Oreek tribe of Indians cede to the United 

4422 States all their land east of the Mississippi Kiver. 

4423 Article 2. The United States engage to survey the saidland 

4424 as soon as the same can be conveniently done, after the ratifica- 

4425 tion of this treaty, and when the same is surveyed to allow ninety 

4426 principal chiefs of the Creek tribe to select one section each, and 

4427 every other head of a Oreek family to select one-half section each, 

4428 which tracts shall be reserved from sale for their use for the term 

4429 of five years, unless sooner disposed of by them. A census of 

4430 these persons shall be taken under the direction of the President, 

4431 and the selections shall be made so as to include the improve- 

4432 ments of each person within his selection, if the same can be so 

4433 made, and if not, then all the persons belonging to the same town , 

4434 entitled -to selections, and who cannot make the same, so as to 

4435 include their improvements, shall take them in one body in a 

4436 proper form. And twenty sections shall be selected, under the 

4437 direction of the President, for the orphan children of the Greeks, 

4438 and divided, and retained or sold for their benefit as the Presi- 

4439 dent may direct. Provided, however, that no selections or loca- 

4440 tions under this treaty shall be so made as to include the agency 

4441 reserve. 

4442 Article 3. These tracts may be conveyed by the persons 

4443 selecting the same to any other persons for a fair consideration, 

4444 in such maimer as the President may direct. The contract shall 

4445 be certified by some person appointed for that purpose by the 

4446 President, but shall not be valid till the President approves the 

4447 same. A title shall be given by the United States on the com- 

4448 pletion of the payment. 



102 

4449 Akticle 4. At the end of five years, all the Greeks entitled 

4450 to these selections, and desirous of remaining, shall receive pat- 

4451 ents therefor, in fee-simple, from the United States. 

4452 Article 13. There shall also be given to each emigrating 

4453 warrior a rifle, moulds, wiper, and ammunition, and to each 

4454 family one blanket. Three thousand dollars, to be expended as 

4455 the President may direct, shall be allowed for the term of twenty 
445C years for teaching their children. As soon as half their people 

4457 emigrate, one blacksmith shall be allowed them, and another 

4458 when two-thirds emigrate, together with one ton of iron and two 

4459 hundred weight of steel annually for each blacksmith. These 

4460 blacksmiths shall be supported for twenty years. 

4461 Aeticle 14. The Creek country west of the Mississippi shall 

4462 be solemnly guarantied to the Creek Indians, nor shall any State 

4463 or Territory ever- have a right to pass laws for the government 

4464 of such Indians, but they shall be allowed to govern themselves, 

4465 so far as may be compatible with the general jurisdiction which 

4466 Congress may think proper to exercise over them. And the 

4467 United States will also defend them from the unjust hostilities 

4468 of other Indians, and will also, as soon as the boundaries of the 

4469 Creek country west of the Mississippi are ascertained, cause a 

4470 patent or grant to be executed to the Creek tribe, agreeably to 

4471 the 3d section of the act of Congress of May 2d, [28,] 1830, eu- 

4472 titled "An act to provide for an exchange of lands with the In- 

4473 dians residing in any of the States or Territories, and for their 

4474 removal west of the Mississippi.*' 

4475 Proclaimed April 4, 1832. 

4476 N. B. — The other portions of this treaty are superseded by 

4477 that of August 7, 1856. (See page 113.) 

4478 Articles of agreement and convention made and concluded at Fort 

4479 Gibson, between Monffort Stolces, Henry L. Ullstwrth, and 

4480 John F. Schermerhorn, commissioners on the part of the 

4481 United States, and the undersigned chiefs and head-men of the 

4482 Muslwgee or Creek Nation of Indians, this lith day of Febrii- 

4483 ary, A. D. 1833. 

4484 Article 2. The United States hereby agree, by and with 

4485 the consent of the Creek and Cherokee delegates, this day ob- 

4486 . tained, that the Muskogee or Creek country west of the Missis- 

4487 sippi, shall be embraced within the following boundaries, viz : 

4488 Beginning at the mouth of the north fork of the Canadian Eiver, 

4489 and run northerly four miles ; thence running a straight line so 

4490 as to meet a line drawn from the south bank of the Arkansas 

4491 Eiver, opposite to the east or lower bank of Grand Eiver, at its 

4492 junction with the Arkansas, and which runs a course south, 44 



103 

4493 deg. west, oue mile, to a post placed ia the ground; thence 

4494 along said line to the Arkansas, and up the same and the^Verdi- 

4495 gris Eiver, to where the old territorial line crosses it ; thence 

4496 along said line north to a point twenty-five miles from the Ar- 

4497 kansas Eiver, where the old territorial line crosses the same ; 

4498 thence running a line at right angles with the territorial line 

4499 aforesaid, or west, to the Mexico line ; thence along the said line 

4500 southerly to the Canadian Eiver, or to the boundary of the Ohoc- 

4501 taw country ; thence down said river to the place of beginning. 

4502 The lines, hereby defining the country of the Muskogee Indians 

4503 on the north and east, bound the country of the Cherokees along , 

4504 these courses, as settled by the treaty concluded this day be- 

4505 tween the United States and that tribe. 

4506 Article 3. The United States will grant a patent, in fee- 

4507 simple, to the Creek Nation of Indians for the land assigned 

4508 said nation by this treaty or convention, whenever the same 

4509 shall have been ratified by the President and Senate of the United 

4510 States ; and the right thus guaranteed by the United States 

4511 shall be continued to said tribe of Indians, so long as they shall 

4512 exist as a nation, and continue to occupy the country hereby 

4513 assigned them. 

4514 Article 5. Asauevidenceof the kind feeling of the United 

4515 States toward the Mtiscogee Indians, and as a testimonial of the 

4516 I their] gratification with the present amicable and satisfactory 

4517 adjustment of their difficulties with the Cherokees, experienced 

4518 by the com missioners, they agree, on behalf of the United States, 

4519 to furnish to the Creek Indians, west of the Mississippi, one 

4520 blacksmith and one wheelwright or wagon-maker, as soon as 

4521 they may be required by the nation, in addition to those already 

4522 employed ; also to erect shops and furnish tools for the same, 

4523 and supply the smith-shops with one ton of iron and two hundred. 

4524 and fifty pounds of steel each ; and allow the said Creek Indians 

4525 annually, for education purposes, the sum of one thousand dol- 

4526 lars, to be expended under the direction of the President of the 

4527 United States ; the whole of the above grants to be continued 

4528 so long as the President may consider them conducive to the 

4529 interest and welfare of the Creek Indians ; and the United 

4530 States will also cause to be erected, as soon as conveniently can 

4531 be done, four patent railway mills for grinding corn, and will im- 
.4532 mediately purchase for them twenty-four cross-cut saws ; it be- 

4533 ing distinctly understood, however, that the grants thus made 

4534 to the Creek Indians by this article are fntenij^d solely for 

4535 the use and benefit of that portion of the Creek Nation who are 

4536 now settled west of the Mississippi. 

4537 Proclaimed April 12, 1834. 

4538 N. B. — The other portions of this treaty are superseded by 

4539 that of 7 August, 1856. (See page 113.) 



104 

4540 Articles of a treaty made and cDtioluded at Fort Oibson, west of 

4541 , Arkansas, between Captain William Armstrong, act. super- 

4542 intendent Western Territory, and Bret. Brig. Gen. ArbucJcle, 

4543 commissioners on the part of the United States and the un- 

4544 der signed chiefs, beingafuU delegation of the Creeic chiefs duly 

4545 authorized and empowered by their nation to adjust " their 

4546 claims for property and improvements abandoned or lost in 

4547 consequence of their emigration west of the Mississippi.^^ 

4548 Article 4. * * #, * Itis further agreed that all the edu- 

4549 cation funds of the Creeks, including the annuities above named, 

4550 the annual allowance of one thousand dollars provided in the 

4551 treaty of 1833, and also all balances t)f appropriations, for edu- 

4552 cation annuities that may be due from the United States, shall 

4553 be expended in their own country for the support of a manual- 

4554 labor school in the Canadian district, and of another in the Ar- 

4555 kansas district : Provided, . That the President does not object to 

4556 such application of the annuities above named, granted in the 

4557 treaties of 1832 and 1833. And it is also agreed that in the 

4558 management of such school the wishes of the Creek council 

4559 shall be consulted, (a) 

4560 Proclaimed March 2, 1839. 

4561 K. B. — The other portions of ttis treaty are superseded by 

4562 that of August 7, 1856. (See page 113.) 

4563 Feanklin Piekce, President of the United States of America, 

4564 to all persons to whom these presents shall come, greeting : 

4565 Whereas a treaty was made and concluded at the city of 

4506 Washington, on the seventh day of August, eighteen hundred 

4507 and fifty-six, between George W. Manypenny, commissioner on 

4568 the part of the United States, Tuck-a-batchee-Micco, Echo- 

4569 Harjo, Chilly Mcintosh, Benjamin Marshall, George W. Stid- 

4570 ham, and Daniel N. Mcintosh, commissioners on the part 

4571 of the Creeks ; and John Jumper, Tuste-nuc-o-chee, Pars-cofer, 

4572 and James Factor, commissioners on the part of the Seminoles, 

4573 which treaty is in the words and figures following, viz : 

4574 Articles of agreement and convention between the United States 

4575 and the Creek and Seminole Tribes of Indians, made and 
4570 concluded at the city of Washington the seventh day of Au- 

4577 gust, one thousand eight hundred and fifty-six, by George 

4578 W. Manypenny, commissioner on the part of the United 

4579 S|tates,*ruck-a-batchee-Micco, Echo-Harjo, Chilly Mcintosh, 

4580 Benjamin Marshall, George W. Stidham, and Daniel N. Mc- 

4581 Intosh, commissioners on the part of the Creeks ; and John 

4582 Jumper, Tuste-nuc-o-chee, Pars-co-fer, and James Factor, 

4583 commissioners on the part of the Seminoles. 



105 

4584: Whereas the convention heretofore existing between the 

4585 Creek and Seminole tribes of Indians west of the Mississippi 

4586 Eiver has given rise to unhappy and injurious dissensions and 

4587 controversies among them, which render necessary a re-adjust- 

4588 ment of their relations to each other and to the United States; 

4589 and 

4590 Whereas the United States desire, by providing the Semi- 

4591 noles remaining in Florida with a comfortable home west of the 

4592 Mississippi Eiver, and by making a liberal and generous pro- 

4593 vision for their welfare, to induce them to emigrate and become 

4594 one people with their brethren already west, and also to afford 

4595 to .all the Serainoles the means of education and civilization, and 

4596 the blessings of a regular civil government ; and 

4597 Whereas the Creek Nation and individuals thereof have, by 

4598 their delegation, brought forward and persistently urged various 

4599 claims against the United States, which it is desirable shall be 

4600 finally adjusted and settled ; and 

4601 Whereas it is necessary, for the simplification and better 

4602 understanding of the relations between the United States and 

4603 said Creek and Seminole tribes of Indians, that all their sub- 

4604 sisting treaty stipulations shall, as far as practicable, be em- 
4603 bodied in one comprehensive instrument: 

4606 Now, therefore, the United States, by their commissioner, 

4607 George W. Manypenny, the Creek tribe of Indians, by their 

4608 commissioners, Tuck-a-batchee-Micco, Echo-Harjo, Chilly Mc- 

4609 lutosh, Benjamin Marshall, George W. Stidham, and Daniel N. 

4610 Mcintosh; and the Seminole tribe of Indians, by their commis- 

4611 sioners, John Jumper, Tuste-nuc-o-chee, Pars-co-fer, and James 

4612 Factor, do hereby agree and stipulate as follows, viz : 

4613 Article 1. The Creek Nation doth hereby grant, cede, and 

4614 convey to the Seminole Indians the tract of country included 

4615 -within the following boundaries, viz : beginning on the Canadian 

4616 River, a few miles east of the ninety-seventh parallel of west 

4617 longitude, where Ock-hi-appo, or Pond. Creek, empties into the 

4618 same ; thence, due north to the nortS fork of the Canadian ; 

4619 thence up said north fork of the Canadian to the southern line 

4620 of the Cherokee country; thence, with that line, west, to the 

4621 one hundredth parallel of west longitude; thence, south along 

4622 said parallel of longitude to the Canadian Eiver, and thence 

4623 down and with that river to the place of beginning. 

4624 Article 2. The following shall constitute and remain the 

4625 boundaries of the Creek country, viz : beginning sit the mouth 

4626 of the north fork of the Canadian Eiver, and running northerly 

4627 four miles; thence running a straight line so as to meet a line 

4628 drawn from the south bank of the Arkansas Eiver, opposite to 

4629 the east or lower bank of Grand Eiver, at its junction with the 

14 I T 



106 

4630 Arkansas, and which runs a course south, forty-four degrees 

4631 west, one mile, to a post placed in the ground ; thence along 

4632 said line to the Arkansas and up the same and the Yerdigris 

4633 River, to where the old territorial line crosses it; thence along said 

4634 line", north, to a point twenty-five miles from the Arkansas Eiver, 

4635 where the old territorial line crosses the same ; thence running 

4636 west with the southern line of the Cherokee country, to the 

4637 north fork of the Canadian River, where the boundary of the 

4638 cession to the Seminoles defined in the preceding article first 

4639 strikes said Cherokee line; thence down said north fork, to 

4640 where the eastern boundary -line of the said cession to the Semi- 

4641 noles strikes the same ; thence, with that line, due south to the 

4642 Canadian Eiver, at the mouth of the Ock-hi-appo, or Pond 

4643 Creek ; and thence down said Canadian River to the place of 

4644 beginning. 

4645 Aeticle 3. The United States do hereby solemnly guaran- 

4646 tee to the Seminole Indians the tract of country ceded to them 

4647 by the first article of this convention ;- and to the Creek Indians, 

4648 the lands included within the boundaries defined iu the second 

4649 article hereof; and likewise that the same shall respectively be 
4050 secured to and held by said Indians by the same title and tenure 
4651 by which they were guaranteed and secured to the Creek Nation 
4052 by the fourteenth article of the treaty of March twenty-fourth, 
4653 eighteen hundred and thirty-two, the third article of the treaty 

4054 of February fourteenth, eighteen hundred and thirty-three, and 

4055 by the letters-patent issued to the said Creek Nation, on the 

4656 eleventh day of August, eighteen hundred and fifty-two, and re- 

4657 corded in volume four of records of Indian deeds in the OfiBce of 

4658 Indian Affairs, pages 446 and 447 : Provided, however, That no 

4659 part of the tract of country so ceded to the Seminole Indians 
4600 shall ever be sold, or otherwise disposed of without the consent 

4661 of both tribes legally given. 

4662 Article 4. The United States do hereby solemnly agree 

4663 and bind themselves, that no State or Territory shall ever pass 

4664 laws for the government of the Creek or Seminole tribes of In- 
4005 dians, and that no portion of either of the tracts of country de- 

4666 fined in the first and second articles of this agreement shall ever 

4667 be embraced or included within, or annexed to, any Territory or 

4668 State, nor shall either, or any part of either, ever be erected 

4669 into a Territory without the full and free consent of the legisla- 

4670 tive authority of the tribe owning the same". 

4671 Article 5. The Creek Indians do hereby absolutely and 
4672. forever quit-claim and relinquish to the United States all their 

4673 right, title, and interest in and to any lands heretofore owned or 

4674 claimed by them, whether east or west of the Mississippi River, 

4675 and any and all claini for or on account of any such lands, ex- 



107 

4676 cept those embraced within the boundaries described in tie 

4677 second article of this agreement ; and it doth also, in like man- 

4678 ner, release and fally discharge the United States from all other 

4679 claims and demands whatsoever, which bhe Creek Nation or any 

4680 individuals thereof may now have against the United States, 

4681 excepting only such as arc particularly or in terms provided for 

4682 and secured to them by the provisions of existing treaties and 

4683 laws ; and which are as follows, viz : permanent annuities in 

4684 money amounting to twenty -four thousand five hundred dollars, 

4685 secured to them by the fourth article of the treaty of seventh 

4686 August, seventeen hundred and ninety, the second article of the 

4687 treaty of June sixteenth, eighteen hundred and two, and the 

4688 fourth article of the treaty of January twenty -fourth, eighteen 

4689 hundred and twenty-six ; permanent provision for a wheelwright, 

4690 for a blacksmith and assistant ; blacksmith-shop and tools, and 

4691 for iron and steel under the eighth article of the last-mentioned 

4692 treaty ; and costing annually one thousand seven hundred and 

4693 ten dollars;' two thousand dollars per annum, daring the pleas- 

4694 ure of the President, for assistance in agricultural operations 

4695 under the same treaty and article ; six thousand dollars per an- 

4696 num for education for seven years, in addition to the estimate 

4697 for present fiscal year, under the fourth article of the treaty of 

4698 January fourth, eighteen hundred and forty-five; one thousand 

4699 dollars per annum during the pleasure of the President, for the 

4700 same object, under the fifth article of the treaty of February 

4701 fourteenth, eighteen hundred and thirty-three; services of a 

4702 wagon-maker, blacksmith and assistant, shop and tools, iron 

4703 and steel, during the pleasure of the President, under the same 

4704 treaty and article, and costing one thousand seven hundred and 

4705 ten dollars annually; the last instalment of two thousand two 

4706 hundi'ed and twenty dollars for two blacksmiths and assistants, 

4707 shops and tools, and iron and steel, under the thirteenth article 

4708 of the treaty of March twenty-fourth, eighteen hundred and 

4709 thirty-two, and which last it is hereby stipulated shall be con- 

4710 tinned for seven additional years. The following shall also be 

4711 excepted from the foregoing quitclaiui, relinquishment, release, 

4712 and discharge, viz : the fund created and held in trust for Creek 

4713 orphans under the second article of the treaty of March twenty- 

4714 fourth^ eighteen hundred and thirty-two ; the right of such indi- 

4715 viduals among the Creeks as have not received it, to the com- 

4716 pensation in money provided for by the act of Congress of March 

4717 third, eighteen hundred and thirty-seven, in lieu of reservations 

4718 of land to which they were entitled, but which were not secured 

4719 to them, under the said treaty of eighteen hundred and thirty- 

4720 two ; the right of the reservees under the same treaty, who did 

4721 not dispose of their reservations to- the amounts for which they 



108 

4722 have been or may be sold by the United States ; and the right 

4723 of such members of the tribe to military-bounty lands, as are 

4724 entitled thereto under existing laws of the United States. The 

4725 right and interest of the Creek Nation and people in and to the 

4726 matters and things so excepted, shall continue and remain, the 

4727 same as though this convention had never been entered into. 

4728 Article 6. In consideration of the foregoing quit-claim, re- 

4729 linquishment, release, and discharge, and of the cession of a 

4730 country for the Seminole Indians contained in the first article 

4731 of this agreement, the United States do hereby agree and stipu- 

4732 . late to allow and pay the Creek Nation the sum of one million 

4733 of dollars, which shall be invested and paid as follows, viz : two 

4734 hundred thousand dollars to be invested in some safe stocks, 

4735 paying an interest of at least five per cent, per annum ; which 

4736 interest shall be regularly and faithfully applied to purposes of 

4737 education among the Creeks ; four hundred thousand dollars to 

4738 be jtaidper capita, under the direction 'of the general council of 

4739 the Creek Nation, to the individuals and members of said nation, 

4740 [except such portion as they shall, by order of said national 

4741 council, direct to be paid to the treasurer of said nation for 

4742 any specified national object not exceeding ($100,000) one hun- 

4743 dred thousand dollars,] as soon as practicable after the ratifica- 

4744 tion of this agreement ; and two hundred thousand dollars shall 

4745 be set apart to be appropriated and paid as follows, viz : ten 

4746 thousand dollars to be equally distributed and paid tb those in- 

4747 dividaalsand their heirs, who, under act of Congress of March 

4748 third, eighteen hundred and thirty-seven, have received money 

4749 in lieu of reservations of land to which they were entitled, but 

4750 which were not secured to them under the treaty of March 

4751 twenty-fourth, eighteen hundred and thirty-two ; one hundred 

4752 and twenty thousand dollars to be equally and justly distributed 

4753 and paid, under the direction of the general council, to those 

4754 Creeks, or their descendants, who emigrated west of the Missis- 

4755 sippi Eiver prior to said treaty of eighteen hundred and thirty- 

4756 two, and to be in lieu of and in full compensation for the claims 

4757 of such Creeks to an allowance equivalent to the reservations 

4758 granted to the eastern Creeks by that treaty, and seventy thou- 

4759 sand dollars for the adjustment and final settlement of such other 

4760 claims of individual Creek Indians, as may lie found to be equi- 

4761 table and just by the general council of the nation : Provided, 

4762 however, That no part of the three last-mentioned sums shall be 

4763 allowed or paid to any other person orpersons, whatsoever, than 

4764 those who are actual and honafide members of the Creek Nation 

4765 and belonging respectively to the three classes of claimants 

4766 designated ; said sums to be remitted and paid as soon as prac- 

4767 ticable after the general council shall have ascertained and des- 



109 

4768 igaated the persons entitled to share therein : And provided 

4769 further, That any balance of the said sum of seventy thousand 

4770 dollars, which may be found not to be actually necessary for 

4771 the adjustment and settlement of the claims for which it is set 

4772 apart, shall belong to the nation, and be applied to such object 

4773 or objects of utility or necessity as the general council shall 

4774 direct. The remaining sum of two hundred thousand dollars 

4775 shall be retained by the United States, until the removal of the 

4776 Seminole Indians, now in Florida, to the country west of the Mis- 

4777 sissippi Eiver herein provided for their tribe; whereupon the 

4778 same, with Interest thereon, at five per cent., from the date of the 

4779 ratification of this agreement, shall be paid over to or invested 

4780 for the benefit of the Creek Nation, as may then be requested 

4781 by the proper authorities thereof : Provided, however, That if so 

4782 paid over, it shall be equally divided and paid j^er capita to all 

4783 the individuals and members of the Creek Nation, or be used 

4784 and applied only for such objects or purposes of a strictly na- 

4785 tional or beneficial character as the interests and welfare of the 

4786 Creek people shall actually require. 

4787 Aeticle 7. It being the desire of the Creeks to employ 

4788 their own teachers, mechanics, and farmers, all of the funds se- 

4789 cured to the nation for educational, mechanical, and agricultural 

4790 purposes, shall, as the same become annually due, be paid over 

4791 by the United States to the treasurer of the Creek Nation. And 

4792 the annuities in money due the nation under former treaties 

4793 shall also be paid to the same officer, whenever the general 

4794 council shall so direct. 

4795 Article 8. The Seminoles hereby release and discharge the 

4796 United States from all claims and demands which their delega- 

4797 tion have set up against them, and obligate themselves to re- 

4798 move to and settle in the new country herein provided for them 

4799 as soon as practicable. In consideration of such release, dis- 

4800 charge, and obligation, and as the Indians must abandon their 

4801 present imj)rovements, and incur considerable expense in rees- 

4802 tablishing themselves, and as the Government desires to secure 

4803 their assistance in inducing their brethren yet in Florida to em- 

4804 igrate and settle with them west of the Mississippi Eiver, and is 

4805 willing to offer liberal inducements to the latter peaceably so to 

4806 do, the United States do therefore agree and stipulate as fol- 

4807 lows, viz : To pay to the Seminoles now west the sum of ninety 

4808 thousand dollars, which shall be in lieu of their present impro ve- 

4809 meuts, and in fall for the expenses of their removal and estab- 

4810 lishing themselves in their new country ; to provide annually 

4811 for ten years the sum of three thousand dollars for the support 

4812 of schools ; two thousand dollars for agricultural assistance ; 

4813 and two thoiisafad two hundred dollars for the support of smiths 



110 

4:814 and smith-shops among them, said sums to be applied to these 

4815 objects in such manner as the President shall direct. Also to 

4816 invest for them the sum of two hundred and fifty thousand dol- 

4817 Jars, at five per cent, per annum, the interest to be regularly 

4818 paid over to them per capita as annuity ; the further sum of two 

4819 hundred and fifty thousand dollars shall be invested in like man- 

4820 ner -whenever the Seminoles now remaining in Florida shall 

4821 have emigrated and joined their brethren in the west, -where- 

4822 upon the two sums so invested shall constitute a fund belonging 

4823 to the united tribe of Seminoles, and the interest on which, at 

4824 the rate aforesaid, shall be annually paid over to them per capita 

4825 as an annuity ; but no portion of the principal thus invested, or 

4826 the interest thereon annually due and payable, shall ever be 

4827 taken to pay claims or demands against said Indians, except 

4828 such as may hereafter arise under the intei'course laws. 

4829 Article 9. The United States agree to remove comfortably 

4830 to their new country west all those Seminoles now in Florida 

4831 who can be induced to emigrate thereto ; and to furnish them 

4832 .with suflftcient rations of wholesome subsistence during their 

4833 removal and for twelve months after their arrival at their new 

4834 homes ; also, to provide each warrior of eighteen years of age 

4835 and upwards, who shall so remove, with one rifle-gun, if he 

4836 shall not already possess one; with two blankets, a supply of 

4837 powder and lead, a hunting-shirt, one pair of shoes, one and 

4838 a half yards of strouding, and ten pounds of good tobacco ; and 

4839 each woman, youth, and child with a blanket, pair of shoes, and 

4840 other necessary articles of comfortable clothing, and to expend 

4841 for them in improvements, after they shall all remove, the sum 

4842 of twenty thousand dollars. And to encourage the Seminoles 

4843 to devote themselves to the cultivation of the soil, and become 

4844 a sober, settled, industrious, and independent people, the United 

4845 States do further agree to expend three thousand dollars in the 

4846 purchase of ploughs and other agricultural implements, axes, 

4847 seeds, looms, cards, and wheels ; the same to be proportionately 

4848 distributed among those now west, and those who shall emigrate 

4849 from Florida. 

4850 Article 10. The Seminoles west do hereby agree and bind 

4851 themselves to furnish, at such time or times as the President 

4852 may appoint, a delegation of such members of their tribe as 

4853 shall be selected for the purpose, to proceed to Florida, under 

4854 the direction of an agent of the Government, to render such 

4855 peaceful services as may be required of them, and otherwise to 

4856 do all in their power to induce their brethren remaining in that 

4857 State to emigrate and join them in the west ; the United States 

4858 agreeing to pay them and such members of the Creek tribe as 

4859 may voluntarily offer to join them and be accepted for the same 



Ill 

4860 service, a reasonable compensation for their time and services, 

4861 as well as ttieir travelling and other actual and necessary ex- 

4862 penses. 

4863 Article 11. It is further hereby agreed that the United 

4864 States shall pay Poc-te-luste-harjo, his heirs or assigns, the sum 

4865 of four hundred dollars, in consideration of the unpaid services 

4866 of said Foo-te-luo-te-harjoe, or Black Dirt, rendered by him as 

4867 chief of the friendly band of Seminole warriors who fought for 

4868 the United States during the Florida war. 

4869 Article 12. So soon as the Seminoles west shall have re- 

4870 moved to the new country herein provided for them, the United 

4871 States will then select a site and erect the necessary buildings 

4872 for an' agency, including a council-house for the Seminoles. 

4873 Article 13. The officers and people of each of the tribes of 

4874 Creeks and Seminoles shall, at all times, have the right of safe 

4875 conduct and free passage through the lands and territory of the 

4876 other. The members of each shall have the right freely to settle 

4877 within the country of the other, and shall thereupon be entitled 

4878 to all the rights, privileges, and immunities of members thereof 

4879 except that no member of either tribe shall be entitled to partici- 

4880 pate in any funds belonging to the other tribe. Members of each 

4881 tribe shall have the right to institute and prosecute suits in the 

4882 courts of the other, under such regulations as may, from time to 

4883 time, be prescribed by their respective legislatures. 

4884 Article 14. Any person duly charged with a criminal 

4885 offense against the laws of either the Creek or Seminole tribe, 

4886 and escaping into the jurisdiction of the other, shall be promptly 

4887 surrendered upon the demand of the proper authority of the tribe 

4888 within whose jurisdiction the offense shall be alleged to have 

4889 been committed. 

4890 Article 15. So far as may be compatible with the Consti- 

4891 tution of the United States, and the laws made in pursuance 

4892 thereof, regulating trade and intercourse with the Indian tribes, 

4893 the Creeks and Seminoles shall be secured in the unrestricted 

4894 right of self-government, and full jurisdiction over persons and 

4895 property, within their respective limits; excepting, however, all 

4896 white persons, with their property, who are not, by adoption or 

4897 otherwise, members of either the Creek or Seminole tribe; and 

4898 all persons not being members of either tribe, found within their 

4899 limits, shall be considered intruders, and be removed from and 

4900 kept out of the same by the United States agents for said tribes, 

4901 respectively, (assisted, if necessary, by the military,) with the 

4902 following exceptions, viz : such individuals with their families 

4903 as may be in the employment of the Government of the United 

4904 States; all persons peaceably travelling, or temijorarily sojourn- 

4905 ing in the country, or trading therein under license from the 



112 

4906 proper authority of the United States; and such persons as may 

4907 be permitted by the Creeks or Seminoles, with the assent of the 

4908 proper authorities of the United States, to reside within their 

4909 respective limits without becoming members of either of said 

4910 tribes. 

4911 Artiolb 16. The Creeks and Seminoles shall promptly 

4912 apprehend and deliver up all persons accused of any crime against 

4913 the laws of the United States, or of any State thereof, who may 

4914 be found within their limits, on demand of any proper of&cer of 

4915 a State or of the United States. 

4916 Article 17. All persons licensed by the United States to 

4917 trade with the Creeks or Seminoles shall be required to pay to 

4918 the tribe within whose country they trade a moderate annual 

4919 compensation for the land and timber used by them, the amount 

4920 of such compensation, in each case, to be assessed by the proper 

4921 authorities of said tribe, subject to the approval of the United 

4922 States agent therefor. 

4923 Article 18. The United States shall protect the Creeks and 

4924 Seminoles from domestic strife, from hostile invasion, and from 

4925 aggression by other Indians and white persons, not subject to 
.4926 their jurisdiction and laws; and for all injuries resulting from 

4927 such invasion or aggression, full indemnity is hereby guaranteed 

4928 to the party or parties injured out of the Treasury of the United 

4929 States, upon the same principle and according to the same rules 

4930 upon which white persons are entitled to indemnity for injuries 

4931 or aggressions upon them, committed by Indians. 

4932 Article 19. The United States shall have the right to 

4933 establish and maintain such military posts, military and post- 
4934 roads, and Indian agencies as may be deemed necessary within 

4935 the Creek and Seminole country, but no greater quantity of 

4936 land or timber shall be used for said purposes than shall be 

4937 actually requisite ; and if, in the establishment or maintenance 

4938 of such posts, roads, or agencies, the property of any Creek or 

4939 Seminole be taken, destroyed, or injured, or any property of 

4940 either nation, other than land and timber, just and adequate com- 

4941 pensation shall be made by the United States. Such persons 

4942 only as are or may be in the employment of the United States, 

4943 in any capacity, civil or- military, or subject to the jurisdiction 

4944 and laws of the Creeks and Seminoles, shall be permitted to 

4945 farm or raise stock within the limits of any of said military 

4946 posts or Indian agencies. And no offender against the laws of 

4947 either of said tribes shall be permitted to take refuge therein. 

4948 Article 20. The United States, or any incorporated com- 

4949 pany, shall have the right of. way for railroads, or lines of tele- 

4950 graphs, through the Creek and Seminole countries; but in the 

4951 case of any incorporated company, it shall have such right of 



113 

4952 way only upon such terms, and payment of such amount to the 

4953 Creeks and Seminoles, as the case may be, as may be agreed 

4954 upon between it and the national council thereof ; or, in case 

4955 of disagreement, by making full compensation, not only to indi« 

4956 vidual parties injured, but also to the tribe for the right of way, 

4957 all damage and injury done to be ascertained and determined in 

4958 such manner as the President of the United States shall direct. 

4959 And the right of way granted by either of said tribes for any 

4960 railroad shall be perpetual, or for such shorter term as the same 

4961 may be granted, in the same manner as if there were no revision of 

4962 their lands to the United States provided for, in case of aban- 

4963 donment by them, or of extinction of their tribe. 

4964 Article 21. The United States will cause such portions of 

4965 the boundaries of the Creek and Seminole countries as do not 

4966 consist of well-defined natural boundaries, to be surveyed and 

4967 permanently marked and established. The Creek and Seminole 

4968 general councils may each appoint a commission from their own 

4969 people to attend the running of their respective boundaries, 

4970 whose expenses and a reasonable allowance for their time and 

4971 services, while engaged in such dutj"^, shall be paid by the United 

4972 States. 

4973 Article 22. That this convention may conduce, as far as 

4974 possible, to the restoration and preservation of kind and friendly 

4975 feelings among the Creeks and Seminoles, a general amnesty of 

4976 all past offences committed within their country, either west or 

4977 east of the Mississippi, is hereby declared. 

4978 Article 23. A liberal allowance shall be made to each of 

4979 the delegations signing this convention; including, with the 

4980 Seminole delegation, George W. Brinton, the interpreter, as a 

4981 compensation for their travelling and other expenses in coming 

4982 to and remaining in this city and returning home. 

4983 Article 24. Should the Seminoles in Florida desire to have 

4984 a portion of the country described in the first article of this 

4985 agreement set apart for their residence, it is agreed that the 

4986 Seminoles west may make such arrangement, not inconsistent 

4987 with this instrument, as may be satisfactory to their brethren 

4988 inJPlorida. 

4989 Article 25. The Creek laws shall be in force and continue 

4990 to operate in the country herein assigned to the Seminoles, until 

4991 the latter remove thereto ; when they shall cease and be of no 

4992 effect. 

4993 Article 26. This convention shall supersede and take the 

4994 place of all former treaties, between the United States and the 

4995 Creeks, between the United States and the Florida Indians and 

4996 Seminoles, and between the Creeks and Seminoles, inconsistent 

4997 herewith; and shall take effect and be obligatory on the con ^ 

15 IT 



114 

4998 tractiiig parties from tlie date hereof, wheuever it shall be 

4999 ratified by the Senate and President of the Unite'd States. 

5000 Article 27. And it is further agreed that nothing herein 

5001 contained shall be so construed as to release the United States 

5002 from any liability other than those in favor of said nations or 

5003 individuals thereof. 

5004 Proclaimed August 28, 1856. 

5005 Treaty between the United States of America and the Greek Nation 

5006 of Indians, concluded June 14, 1866 ; ratification advised, with 

5007 amendments, July 19, 1866 ; amendments accepted July 23, 

5008 1866. 

5009 Andrew Johnson, President of the United States of America, 

5010 to all and singular to whom these presents shall come, 

5011 greeting : 

5012 Whereas a treaty was made and concluded at the city of 

5013 Washington, iu the District of Columbia, on the fourteenth day 

5014 of June, in the year of our Lord one thousand eight hundred 

5015 and sixty-six, by and between Dennis K Cooley and Elijah Sells, 

5016 commissioners, on the part of the United States, and Ok-ta-has 

5017 Harjo, Cow-mikko, and Ootch-cho-chee, delegates at large of the 

5018 Creek Nation of Indians, and D. If. Mcintosh and James M. 0. 

5019 Smith, special delegates of the Southern Creeks, on the part of 

5020 said Creek Nation of Indians and Southern Creeks, all of which 

5021 delegates at large and special delegates were duly authorized 

5022 thereto by said Creek Nation and Southern Creeks, which treaty 

5023 is in the words and figures following, to wit : 

5024 Treaty of cession and indemnity concluded at the city of Wash- 

5025 ington on the fourteenth day of June, in the year of our 

5026 Lord one thousand eight hundred and sixty-six, by and be- 

5027 tween the United States, represented by Dennis N. Cooley, 

5028 Commissioner of Indian Affairs, Elija Sells, superintendent 

5029 of Indian affairs for the southern superintendency, and 

5030 Col. Ely S. Parker, special commissioner, and the Creek 

5031 Nation of Indians, represented by Ok-tars-sars-harjo, or 

5032 Sands, Cow-e-to-me-co and Che-chu-chee, delegates at large, 

5033 and D. N. Mcintosh and James Smith, special delegates of 

5034 the Southern Creeks. 

5035 PREAMBLE. 

5036 Whereas existing treaties between the United States and 

5037 the Creek Nation have become insufiflcient to meet their mutual 

5038 necessities ; and whereas the Creeks made a treaty with the so- 

5039 called Confederate States, on the tenth of July, one thousand 

5040 eight hundred and sixty-one, whereby they ignored their alle- 



115 

504:1 giance to the United States, and unsettled the treaty relations 

5042 existing between the Creeks and the United States, and did so 

5043 render themselves liable to forfeit to the United States all bene- 

5044 fits and advantages enjoyed by them in lands, annuities, pro- 

5045 tection, and immunities. Including their lands and other prop- 

5046 erty held by grant or gift from the United States ; and 

5047 Whereas in view of said liabilities the United States require 

5048 of the Creeks a portion of their land whereon to settle other 

5049 Indians; and whereas a treaty of peace and amity was entered 

5050 into between the United States and the Creeks and other tribes 

5051 at Fort Smith, September tenth, eighteen hundred and sixty-five, 

5052 whereby the Creeks revoked, cancelled, and repudiated the 

5053 aforesaid treaty made with the so-called Confederate States; and 

5054 Whereas the United States, through its commissioners, in 

5055 said treaty of peace and amity, promised to enter into treaty 

5056 with the Creeks to arrange 'and settle all questions relating to 

5057 and growing out of said treaty with the so-called Confederate 

5058 States : 

5059 Now, therefore, the United States, by its commissioners, and 

5060 the above-named delegates of the Creek Nation, the day and 

5061 year above mentioned, mutually stipulate and agree, on behalf 

5062 of the respective parties, as follows, to wit : 

5063 Article 1. There shall be perpetual peace and friendship 

5064 between the parties to this treaty, and the Creeks bind them- 

5065 selves to remain firm allies and friends of the United States, 

5066 and never to take up arms against the United States, but always 

5067 faithfully to aid in patting down its enemies. They also agree 

5068 to remain at peace with all other Indian tribes ; and, in retui'n, 

5069 the United States guarantees them quiet possession of their 

5070 country, and protection against hostilities on the part of other 

5071 tribes. In the event of hostilities, the United States agree that 
5073 the tribe commencing and prosecuting the same shall, as far as 

5073 may be practicable, make just reparation therefor. To insure 

5074 this protection, the Creeks agree to a military occupation of 

5075 their country, at any time, by the United States, and the United 

5076 States agree to station and continue in said country, from time 

5077 to time, at its own expense, such, force as may be necessary for 

5078 that purpose. A general amnesty of all past offenses against 
; 5079 the laws of the United States, committed by any member of the 

5080 Creek Nation, is hereby declared. And the Creeks, anxious for 

5081 the restoration of kind and friendly feelings among themselves, 

5082 do hereby declare an amnesty for all past offenses against their 

5083 government, and no Indian or Indians shall be proscribed, or 

5084 any act of forfeiture or confiscation passed against those who 

5085 have remained friendly to, or taken up arms against, the United 

5086 States, but they shall enjoy equal privileges with other members 



116 

5087 of said tribe ; and all laws heretofore passed iQConsistent here- 

5088 with are hereby declared inoperative. 

5089 Article 2. The Creeks hereby covenant and agreethathence- 

5090 forth neither slavery nor involuntary servitude, otherwise than 

5091 in the punishment of crimes, whereof the parties have been duly 

5092 convicted in accordance with laws applicable to all members of 

5093 said tribe, shall ever exist in said nation ; and inasmuch as there 

5094 are among the Creeks many persons of African descent, who 

5095 have no interest in the soil, it is stipulated that hereafter these 

5096 persons lawfully residing in said Creek country under their laws 

5097 and usages, or who have been thus residing in said country, and 

5098 may return within one year from the ratification of this treaty, 

5099 and their descendants and such others of the same race as may 

5100 be permitted by the laws of the said nation to settle within the 

5101 limits of the jurisdiction of the Creek ]!iration as citizens [thereof,] 

5102 shall have and enjoy all the rights and privileges of native citi- 

5103 zens, including an equal interest in the soil and national funds, 

5104 and the laws of the said nation shall be equally binding upon and 

5105 give equal protection to all such persons, and all others, of what- 

5106 soever race or color, who may be adopted as citizens or members 

5107 of said tribe. 

5108 Article 3. In compliance with the desire of the United 

5109 States to locate other Indians andfreedmen thereon, the Creeks 

5110 hereby cede and convey to the United States, to be sold to and 

5111 used as homes for such other civilized Indians as the United 

5112 States may choose to settle thereon, the west half of their entire 

5113 domain, to be divided by a line running north and south ; the 

5114 eastern half of said Creek lands, being retained by them, shall, ex- 

5115 cept as herein otherwise stipulated, be forever set apart as a home 

5116 for said Creek Nation ; and in consideration of said cession of the 

5117 west half of their lands, estimated to contain three millions two 

5118 hundred and fifty thousand iive hundred and sixty acres, the 

5119 United States agree to pay the sum of thirty (30) cents per acre, 

5120 amounting to nine hundred and seventy-five thousand onehun- 

5121 dred and sixty-eight dollars, in the manner hereinafter provided, 

5122 to wit : two hundred thousand dollars shall be paid per capita 

5123 in money, unless otherwise directed by the President of the 

5124 United States, upon the ratification of this treaty, to enable the 

5125 Creeks to occupy, restore, and improve their farms, and to make 

5126 their nation independent and self-sustaining, and to pay the 

5127 damages sustained by the mission schools on the North Pork 

5128 and the Arkansas Eivers, not to exceed two thousand dollars, and 

5129 to pay the delegates such per diem as the agent and Creek council 

5130 may agree upon, as a just and fair compensation, all of which shall 

5131 be distributed for that purpose by the agent, with the advice of the 

5132 Creek council, under the direction of the Secretary of the Inte- 



117 

5133 rior. One hundred thousand dollars shall be paid [in money 

5134 and divided] to soldiers that enlisted in the Federal Army and 

5135 the loyal refugee Indians and freedmen who were driven from 

5136 their homes by the rebel forces, to reimburse them in proportion to 

5137 their respective losses ; four hundred thousand dollars be paid [in 

5138 money and divided] per capita to said Creek Nation, unless other- 

5139 wise directed by the President of the United States, under the 

5140 direction of the Secretary of the Interior, as the same may accrue 

5141 from the sale of land to other Indians. The United States agree 

5142 to pay to said Indians, in such manner and for such purposes as 

5143 the Secretary of the Interior may direct, interest at the rate of 

5144 five per cent, per annum from the date of the ratification of this 

5145 treaty, on the amount hereinbefore agreed upon for said ceded 

5146 lands, after deducting the said two hundre d thousand dollars . 

5147 the residue, two hundred and •seventy-five thousand one hundred 

5148 and sixty-eight dollars, shall remain in the Treasury of the 

5149 United States, and the interest thereon, at the rate of five per 

5150 centum per annum, be annually paid to said Creeks as above 

5151 stipulated. 

5152 Article 4. Immediately after the ratification of this treaty 

5153 the United States agree to ascertain the amount due the respect- 

5154 ive soldiers who enlisted in the Federal Army, loyal refugee In- 

5155 dians and freedmen, in proportion to their several losses, and to 

5156 pay the amount awarded each, in the following manner, to wit: 

5157 A census of the Creeks shall be taken by the agent of the United 

5158 States for said nation, under the direction of the Secretary of 

5159 the Interior, and a roll of the names of all soldiers that enlisted 

5160 in the Federal Army, loyal refugee Indians, and freedmen, be 

5161 made by him. The superintendent of Indian affairs for the 

5162 Southern superintendency and the agent of the United States for 

5163 the Creek Nation shall proceed to investigate and determine 

5164 from said roll the amounts due the respective refugee Ii;- 

5165 dians, and shall transmit to the Commissioner of Indian Affairs 

5166 for his approval, and that of the Secretary of the Interior, their 

5167 awards, together with the reasons therefor. Incase the awards 

5168 so made shall be duly approved, said awards shall be paid from 

5169 the proceeds of the sale of said lands within one year from the 

5170 ratification of this treaty, or so soon as said amount of one hun- 

5171 dred thousand ($100,000) dollars can be raised from the sale of 

5172 said land to other Indians. 

5173 Article 5. The Creek Nation hereby grant a right of wiiy 

5174 through their lands, to the Choctaw and Chickasaw country, 

5175 to any company which shall be duly authorized by Congress, 

5176 and shall, with the express consent and approbation of the Sec- 

5177 retary of the Interior, undertake to construct a railroad from 

5178 any point north of to any point in or south of the Creek coun- 



118^ 

5179 try, and likewise from any point on their eastern to their west- 

5180 ern or southern boundary, but said railroad company, together 

5181 with all its agents and employes, shall be subject to the laws of the 

5182 .United States relating to intercourse with Indian tribes, and 

5183 also to such rules and regulations as may be prescribed by the 

5184 Secretary of the Interior for that purpose, and the Greeks agree 

5185 to sell to the United States, or any company duly authorized as 

5186 aforesaid, such lands not legally owned or occupied by a mem- 

5187 ber or members of the Creek Nation, lying along the line of said 

5188 contemplated railroad, not exceeding on each side thereof a belt 

5189 or strip of land three miles in width, at such price per acre as 

5190 may be eventually agreed upon between said Creek Kation and 

5191 the party or parties building said road, subject to the approval 

5192 of the President of the United States : Provided, however, That 

5193 said land thus sold shall not be reconveyed, leased, or rented to, 

5194 or be occupied by any one not a citizen of the Creek Fation, ac- 

5195 cording to its laws and recognized usages : Provided, also, That 

5196 officers, servants, and employes of said railroad necessary to its 

5197 construction and management, shall not be excluded from such 

5198 necessary occupancy, they being subject to the provisions of the 

5199 Indian intercourse law and such rules and regulations as may 

5200 be established by the Secretary of the Interior, nor shall any 

5201 conveyance of any of said lands be made to the party building 

5202 and managing said road until its completion as a first-class rail- 

5203 road, and its acceptance as such by the Secretary of tbe Inte- 

5204 rior. 

5205 Aeticlb 6. [Stricken out by agreement.] 

5206 Article 7. The Creeks hereby agree that the Seminole 

5207 tribe of Indians may sell and convey to the United States all or 

5208 any portion of the Seminole lands, upon such terms as may 

5209 be mutually agreed upon by and between the Seminoles and the 

5210 United States. 

5211 Article 8. It is agreed that the Secretary of the Interior 

5212 forthwith cause the line dividing the Creek country, as provided 

5213 for by the terms of the sale of Creek lands to the United States 

5214 in article third of this treaty, to be accurately surveyed under 

5215 the direction of the Commissioner of Indian Affairs, the expenses 

5216 of which survey shall be paid by the United States. 

5217 Article 9. Inasmuch as the agency buildings of the Creek 

5218 tribe have been destroyed during the late war, it is further 

5219 agreed that the United States shall, at their own expense, not ex- 

5220 ceeding ten thousand dollars, cause to be erected suitable agency 

5221 buildings, the sites whereof shall be selected by the agent 

5222 of said tribe, in the reduced Creek reservation, under the direc- 

5223 tion of the superintendent of Indian affairs. 

5224 In consideration whereof, the Creeks hereby cede and re- 



119 

5225 linquish to the United States one section ot their lands, to be 

5226 designated and selected by their agent, under the direction of 

5227 the superintendent of Indian affairs, upon which said agency 

5228 Tsuildings shall be erected, -which section of land shall revert to 

5229 the Creek nation when said agency buildings are no longer used 

5230 by the United States, upon said nation paying a fair and reason- 

5231 able value for said buildings at the time vacated. 

5232 Aeticle 10. The Creeks agree to such legislation as Con- 

5233 gress and the President of the United States may deem neces- 

5234 sary for the better administration of justice and the protec- 

5235 tion of the rights of person and property within the Indian ter- 

5236 ritory : Provided, however, [That] said legislation shall not in any 

5237 manner interfere with or annul their present tribal organizations, 

5238 rights, laws, privileges, and customs. The Creeks also agree that 

5239 a general council, consisting of delegates elected by each nation 

5240 or tribe lawfully resident within the Indian territory, may be 

5241 annually convened in said territory, which council shall be or- 

5242 ganized in such manner and possess such powers as are here- 

5243 inafter described. 

5244 First. After the ratification of this treaty, and as soon 

5245 as may be deemed practicable by the Secretary of the In- 

5246 terior, and prior to the fl.rst session of said council, a census, or 

5247 enumeration of each tribe lawfully resident in said territory, 

5248 shall be taken under the direction of the superintendent of Indian 

5249 affairs, who for that purpose is hereby authorized to designate 

5250 and appoint competent persons, whose compensation shall be 

5251 fixed by the Secretary of the Interior, and paid by the United 

5252 States. 

5253 Second. The first general council shall consist of one mem- 

5254 ber from each tribe, and an additional member for each one 

5255 thousand Indians, or each fraction of a thousand greater than 

5256 five hundred, being members of any tribe lawfully resident in 

5257 said territory, and shall be selected by said tribes respectively, 

5258 who may assent to the establishment of said general council, 

5259 and if none should be thus formerly selected by any nation or 

5260 tribe, the said nation or tribe shall b6 represented in said gen- 

5261 eral council by the chief or chiefs and head men of said tribe, 

5262 to be taken in the order of their rank as recognized in tribal 

5263 usage, in the same number and proportion as above indicated. 

5264 After the said census shall have been taken and completed, the 

5265 superintendent of Indian affairs shall publish and declare to 

5266 each tribe the number of members of said council to which they 

5267 shall be entitled under the provisions of this article, and the 

5268 persons entitled to so represent said tribes shall meet at such 

5269 time and place as he shall appoint, but thereafter the time and 
6270 place of the sessions of said council shall be determined by its 



120 

5271 action : Provided, That no session in any one year shall exceed 

5272 the term of thirty days, and provided that special sessions of 

5273 said council may be called whenever, in the judgment of the 

5274 Secretary of the Interior, the interest of said tribe shall require. 

5275 Third. Said general council shall have power to legislate 

5276 upon all rightful subjects and matters pertaining to the inter- 

5277 course and relations of the Indian tribes and nations resident in 

5278 said territory, the arrest and extradition of criminals and 

5279 offenders escaping from one tribe to another, the administration 

5280 of justice between members of the several tribes of said terri- 

5281 tory, and persons other than Indians and members of said tribes 

5282 or nations, the construction of works of internal improvement, 

5283 and the common defence and safety of the nations of said ter- 

5284 ritory. All laws enacted by said general council shall take ef- 

5285 feet at such time as may therein be provided, unless suspended 

5286 by direction of the Secretary of the Interior or the President of 

5287 the United States. No law shall be enacted inconsistent with 

5288 the Constitution of the United States, or the laws of Congress, 

5289 or existing treaty stipulations with the United States, nor shall 

5290 said council legislate upon matters pertaining to the organiza- 

5291 tion, laws, or customs of the several tribes, except as herein 

5292 provided for. 

5293 Fourth. Said council shall be presided over by the superiu- 

5294 tendent of Indian affairs, or, in case of his absence from any 

5295 cause, the duties of said superintendent enumerated in this arti- 

5296 cle shall be performed by such person as the Secretary of the 

5297 Interior may direct. 

5298 Fifth. The Secretary of the Interior shall appoint a secre- 

5299 tary of said council, whose duty it shall be to keep an accurate 

5300 record of all the proceedings of said council, and who shall 

5301 transmit a true copy of all such proceedings, duly certified by 

5302 the superintendent of Indian affairs, to the Secretary of the la- 

5303 terior immediately after the sessions of said council shall termi- 

5304 nate. He shall be paid' out of the Treasury of the United States 

5305 an annuaK^/ salary of five hundred dollars. 

5306 Sixth. The members of said council shall be paid by the 

5307 United States the sum of four dollars per diem during the time 

5308 actually in attendance on the sessions of said council, and at the 

5309 rate of four dollars for every twenty miles necessar[il]y traveled 

5310 by them in going to and returning to their homes respectively, 

5311 from said council, to be certified by the secretary of said council 

5312 and the superintendent of 'Indian affairs. 

5313 Seventh. The Creeks also agree that a court or courts may 

5314 be established in said territory, with such jurisdiction and organ- 

5315 ized in such manner as Congress may by law provide. 

5316 Article 11. The stipulations of this treaty are to be a full 



121 

5317 settlement of all claims of said Creek Nation for damages and 

5318 losses of every kind" growing out of the late rebellion and all 

5319 expenditures by the United States of annuities in clothing and 

5320 »feeding refugee and destitute Indians since the -diversion of an- 

5321 nuities for that purpose consequent upon the late war with the 

5322 • so-called Confederate States ; and the Creeks hereby ratify and 

5323 confirm all such diversions of annuities heretofore made from 

5324 the funds of the Creek Nation by the United States, and the 

5325 United States agree that no annuities shall be diverted from 

5326 the objects for which they were originally devoted by treaty 

5327 stipulations with the Creeks, to the use. of refugee and desti- 

5328 tute Indians other than the Creeks or members of the Creek 

5329 Nation after the close of the present fiscal year, June thirtieth, 

5330 eighteen hundred and sixty-six. 

5331 Aeticle 12. The United States reaffirms and re-assumes all 

5332 obligations of treaty stipulations with the Creek Nation entered 

5333 into before the treaty of said Creek Nation with the so-called 

5334 Confederate States, July tenth, eighteen hundred and sixty-one, 

5335 not inconsistent herewith; and further agrees to renew all pay- 

5336 ments accruing by force of said treaty stipulations from and 

5337 after the close of the present fiscal year, June thirtieth, eighteen 

5338 hundred and sixty-six, except as is provided in article eleventh. 

5339 Article 13. A quantity of land not exceeding one Iiun- 

5340 dred and sixty acres, to be selected according to legal subdi- 

5341 visions, in one body, and to include their improvements, is 

5342 hereby granted to every religious society or denomination which 

5343 has erected, or which, with the consent of the Indians, may 

5344 hereafter erect, buildings within the Creek country for mission- 

5345 ary or educational purposes ; but no land thus granted, nor the 

5346 buildings which have been or may be erected thereon, shall ever 

5347 be sold or otherwise disposed of, except with the consent and 

5348 approval of the Secretary of the Interior; and whenever any 

5349 such lands or buildings shall be so sold or disposed of, ihe pro- 

5350 ceeds thereof shall be applied, under the direction of the Secre- 

5351 tary of the Interior, to the support and maintenance of other 

5352 similar establishments for the benefit of the Creeks and such 

5353 other persons as may be or may hereafter become members of the 

5354 tribe according to its laws, customs, and usages ; and if at any 

5355 time said improvements shall be abandoned for one year for 

5356 missionary or educational purposes, all the rights herein granted 

5357 for missionary and educational purposes shall revert to the said 

5358 Creek Nation. 

5359 Article 14. It is further agreed that all treaties hereto- 

5360 fore entered into between the United States and the Creek 

5361 Nation which are inconsistent with any of the articles or pro- 

5362 visions of this treaty shall be, and are hereby, rescinded and 

16 I T 



122- 

6363 annulled; and it is further agreed that ten thousand dollars 

6364 shall be paid by the United States, or so much thereof as may 

6365 be necessary, to pay the expenses incurred in negotiating the 

5366 foregoing treaty. • 

5367 Proclaimed August 11, 1866. 



5368 CHEYENNES AND AKEAPAHOES. 

5369 Treaty letween the United States of America and the Cheyenne and 

6370 Arrapahoe tribes of Indians, concluded October 14, 1865; 

6371 ratification advised, with amendments. May 22, 1866 ; amend- 

5372 ments accepted November 10 and 19, 1866. 

5373 Andrew Johnson, Presidient of the United States of America, 

5374 to all and singular to whom these presents shall come, greet- 
6375' ing: 

5376 Whereas a treaty was made and concluded at the camp on 

5377 the Little Arkansas Eiver, in the State of Kansas, on the four- 

5378 teenth day of October, in the year of our Lord one thousand 

5379 eight hundred and sixty-flve, by and between John B. Sanborn, 

5380 William S. Harney, Thomas Murphy, Kit Carson, William W. 

5381 Bent, Jesse H. Leavenworth, and James Steele, commissioners 

5382 on the part of the United States, and Moke-ta-ve-to, (Black 

5383 Kettle,) Oh-to-ah-ne-so-to-wheo, (Seven Bulls,) Oh-has-tee, (Lit- 

5384 tie Eaven,) Oh-hah-mah-hah, (Storm,) and other chi€fs and head- 
6386 men of the Cheyenne and Arrapahoe tribes of Indians, on the 

5386 part of said Indians, and duly authorized thereto by them, which 

5387 treaty is in the words and figures following, to wit : 

5388 Articles of a treaty made and concluded at the camp on the Little 

5389 Arkansas Eiver, in the State of Kansas, on the fourteenth day 

5390 of October, in the year of our Lord one thousand eight 

5391 hundred and sixty-five, by and between John B. Sanborn, 

5392 William S. Harney, Thomas Murphy, Kit Carson, William 
6393 W. Bent, Jesse H. Leavenworth, and James Steele, commis- 
5394 sioners on the p'art of the United States, and the under- 

6395 signed, chiefs and head-men of and representing the con- 

6396 federate tribes of Arrapahoe and Cheyenne Indians of the 

5397 Upper Arkansas Eiver, they being duly authorized by their 

5398 respecti^ tribes to act in the premises. 

6399 Article 1. It is agreed by the parties to this treaty that 

6400 hereafter perpetual peace shall be maintained between the people 

5401 and Government of the United States and the Isdians parties 

5402 hereto, and that the Indians parties hereto, shall forever remain 
6403 at peace with each other, and with all other Indians who sus- 



123 

5404 tain friendly relations with the Goyernment of the United 

5405 States. For the purpose of enforcing the provisions of this 
6406 article it is agreed that in case hostile acts or depredations are 

5407 committed by the people of the United States, or by Indians on 

5408 friendly terms with the United States, against the tribe or tribes, 

5409 or the individual members of the tribe or tribes, who are parties 

5410 to this treaty, such hostile acts or depredations shall not be re- 

5411 dressed by a resort to arms, but the party or parties aggrieved 

5412 shall submit their complaints, through their agent, to the Presi- 

5413 dent of the United States, and thereupon an impartial arbitra- 

5414 tion shall be had, under his direction, and the award thus made 

5415 shall be binding on all parties interested, and the Government 

5416 of the United States will in good faith enforce the same. And 

5417 the Indians, parties hereto, on their part, agree, in case crimes 
5418 ' or other violations of law shall be committed by any person or 

5419 persons, members of their tribe, such person or persons shall, 

5420 upon complaint being made, in writing, to their agent, superinteu- 

5421 dent of Indian affairs, or to other proper authority, by the party 

5422 injured, and verified by affidavit, be delivered to the person duly 

5423 authorized to take such person or persons into custody, to the 

5424 end that such person or persons may be punished according to 

5425 the laws of the United States. 

5426 Article 2. The United States hereby agree that the dis- 

5427 trict of country embraced within the following limits, or such 

5428 portion of the same as may hereafter be designated by the Presi- 

5429 dent of the United States for that purpose, viz : commencing at 

5430 the mouth of the Eed Creek or Eed Fork of the Arkansas River ; 

5431 thence up said creek or fork to its source ; thence westwardly to a 

5432 point on the Cim arone Eiver opposite the mouth of Buffalo Creek ; 

5433 thence due north to the Arkansas Eiver ; thence down the same 

5434 to the beginning, shall be, and is hereby, set apart for the abso- 
•5435 lute and undisturbed use and occupation of the tribes who are 

5436 parties to this treaty, and of such other friendly tribes as they 

5437 may from time to time agree to admit among them, and that no 

5438 white person, except officers, agents, and employees of the Gov- 

5439 ernment, shall go upon or settle within the country embraced 

5440 within said limits, unless formally admitted and incorporated 

5441 into some one of the tribes lawfully residing there, according to 

5442 its laws and usages : Provided^ however, That said Indians shall 

5443 not be required to settle upon said reservation until such time 
6444 as the United States shall have extinguished all claims of title 

5445 thereto on the part of other Indians, so that the Indians parties 

5446 hereto may live thereon at peace with all other tribes : " Provided, 
6447 however, That as soon as practicable, with the assent of said 

5448 tribe, the President of the United States shall designate for said 

5449 tribes a reservation, no part of which shall be within the State 



124 

5450 of Kansas, and cause them as soon as practicable to remove to 

5451 and settle thereon, but no such reservation shall be designated 

5452 upon any reserve belonging to any other Indian tribe or tribes 

5453 without their consent." 

5454 The Indians parties hereto, on their part, expressly agree to 

5455 remove to and accept as their permanent home the country em- 

5456 braced within said limits whenever directed so to do by the 

5457 President of the United States, in accordance with the provis- 

5458 ions of this treaty, and that they will not go from said country 

5459 for hunting or other purposes without the consent in writing of 

5460 their agent or otlier authorized person, such written consent in 

5461 all cases sp ecifying the purpose for which such leave is granted, 

5462 and shall be borne with them upon their excursions as evidence 

5463 that they are rightfully away from their reservation, and shall 

5464 be respected by all officers, employees, and citizens of the United 

6465 States as their sufiBcient safeguard and protection against injury 

6466 or damage in person or property by any and all persons whom- 

5467 soever. 

5468 It is further agreed by the Indians parties hereto that when 

5469 absent from their reservation they will refrain from the commis- 

5470 sion of any depredations or injuries to the person or property of 

5471 all persons sustaining friendly relations with the Government of 

5472 the United States ; that they will not, while so absent, encamp 

5473 by day or night within ten miles of any of the main traveled 

5474 routes or roads through the country to which they go, or of the 

5475 military posts, towns, or villages therein, without the consent of 

5476 ■ thecommandersof such military posts, or of the civil authorities of 
6477 such towns or villages; and that. henceforth they will, and do 

5478 hereby, relinquish all claims or rights in and to any portion of 

5479 the United States or Territories, except such as is embraced 

5480 within the limits aforesaid, and more especially their claims and 

5481 rights in and to th& country bounded as follows, viz : beginning ' 

5482 at the junction of the north and south forks of the Platte Eiver ; 

6483 thence up the north fork to the top of the principal range of the 

6484 Eocky Mountains, or to the Eed Buttes: thence southwardly 

5485 along the summit of the Ebcky Mountains to the headwaters of 

5486 the Arkansas Eiver; thence down the Arkansas Eiver to the 

5487 Cimarone crossing of the same ; thence to the place of begin- 

5488 ning ; which country they claim to have originally owned, and 

5489 never to have relinquished the' title thereto. 

6490 Article 3. It is further agreed that until the Indians - 

5491 parties hereto have removed to the reservation provided for by 

5492 the preceding article in pursuance of the stipulations thereof, 

5493 said Indians shall be, and they are hereby, expressly permitted 

5494 to reside upon and range at pleasure throughout the unsettled 

5495 portions of that part of the country they claim as originally 



125 

5496 theirs, which lies between the Arkansas and Platte Eivers ; and 

5497 that they shall and will not go elsewhere, except upon the terms 

5498 and conditions prescribed by the preceding article in relation to 

5499 leaving the reservation thereby provided for: Provided, That 

5500 the provisions of the preceding article in regard to encamping 

5501 within ten miles of main travelled routes, military posts, towns, 
5503 and villages, shall be in full force as to the occupancy of the 

5503 country named and permitted by the terms of this article : Pro- 

5504 vided further, -That they, the said Indians, shall and will at all 

5505 times during such occupancy, without delay, report to the com- 

5506 mander of the nearest military post, the presence in or approach 
. 5507 to said country of any hostile bands of Indians whatsoever. 

5508 Article 4. It is further agreed by the parties hereto that 

5509 the United States may lay off and build through the reservation , 

5510 provided for by Article 2 of this treaty, such roads or highways 

5511 as may be deemed necessary ; and may also establish such mili- 

5512 tary posts within the same as may be found necessary in order 

5513 to preserve peace among the Indians, and in order to enforce 

5514 such laws, rules, and regulations as are now, or may from time 

5515 to time be, prescribed by the President and Congress of the 

5516 United States for the protection of the rights of persons and 

5517 property among the Indians residing upon said reservation ; an d 

5518 further, that in time of war such other military posts as may be 

5519 considered-essential to the general interests of the United States 

5520 may be established: Provided, however, That upon the building 

5521 of such roads, or establishment of such military posts, the 

5522 amount of injury sustained by reason thereof, by the Indians 

5523 inhabiting said reservation, shall be ascertained under direction 

5524 of the President of the United States, and thereupon such com- 

5525 pensation shall be made to said Indians as in the judgment of 

5526 the Congress of the United States may be deemed just and proper. 

5527 Article 5. At the special request of the Cheyenne and 

5528 • Arrapal^oe Indians, parties to this treaty, the United States 

5529 agree to grant, by patent in fee-simple, to the following-named 

5530 persons, all of whom are related to the Oheyennes or Arrapahoes 

5531 by blood, to each an amount of land equal to onfe section of six 

5532 hundred and forty acres, viz : To Mrs. Mai'garet "Wilmarth and 

5533 her children, Yirginia Fitzpatrick, and Andrew Jackson Pitzpat- 

5534 rick ; to Mrs. Mary Keith and her children, William Keith, Mary 

5535 J. Keith, and Francis Keith ; to Mrs. Matilda Pepperdin and 

5536 her child. Miss Margaret Pepperdin ; to Kobert Poisal and John 

5537 Poisal ; to Edmund Guerrier, Eosa Guerrier, and Julia Guerrier ; 

5538 to William W. Bent's daughter, Mary Bent Moore, and her three 

5539 children, Adia Moore, William Bent Moore, and George Moore; 

5540 to William W. Bent's children, George Bent, Charles Bent, and 

5541 Julia Bent ; to A-ma-che, the wife of John Prowers, and her 



126 

55i2 children, Mafy Prowers and Susan Prowers ; to the children of 

5543 Ote-se-ot-see, wife of John T, Sickles, viz : Margaret, Minnie, 

5544 and John; to the children of John S. Smith, interpreter, Wil- 

5545 liam Gilpin Smith, and daughter Armama; to Jenny Lind 

5546 Crocker, daughter of Ne-sou-hoe,*or Are-you- there, wife of Lieu- 

5547 tenant Orockey ; to Winsor, daughter of Tow-e-nah, wife 

5548 of A. T. Winsor, sutler, formerly at Fort Lyon. Said lands to 

5549 be selected under the direction of the Secretary of the Interior, 

5550 from the reservation established by the 1st article of their treaty 

5551 of February 18, A. D, 1861 : ^^Provided, That said locations 

5552 shall not be made upon any lands heretofore granted by the 

5553 United States to any person. State, or corporation, for any pur- . 
. 5554 pose." 

5555 Aeticle 6. The United States being desirous to express its 

5556 condemnation of, and, as far as may be, repudiate the gross and 

5557 wanton outrages perpetrated against certain bands of Cheyenne 

5558 and Arrapahoe Indians, on the twenty-ninth day of November, 

5559 A. D. 1864, at Sand Creek, in Colorado Territory, while the said 

5560 Indians were at peace wiUi the United States, and under its flag, 

5561 whose protection they had by lawful authority been promised 

5562 and induced to seek, and the Government being desirous to 

5563 make some suitable reparation for the injuries then done, will 

5564 grant three hundred and twenty acres of land by patent to each 
5505 of the following-named chiefs of said bands, viz : Moke-ta-ve-to, 

5566 or Black Kettle ; Oh-tah-ha-ne-so-weel, or Seven Bulls ; Alik-ke- 

5567 home-ma, or Little Eobe ; Moke-tah-vo-ve-hoe, or Black White 

5568 Man ; and will in like manner grant to each other person of said 

5569 bands made a widow, or who lost a parent upon that occasion, 

5570 one hundred and sixty acres of land, the names of such persons 

5571 to be ascertained under the direction of the Secretary of the 

5572 Interior : Provided, That said grants shall be conditioned that 

5573 all devises, grants, alienations, leases, and contracts relative to 

5574 said lands, made or entered into during the peri<jd of fifty years 

5575 from the date of such patents, shall be unlawful and void. Said 

5576 lands shall be selected under the direction of the Secretary of 

5577 tlie' Intefior within the limits of country hereby set apart as a 

5578 reservation for the Indians parties to this treaty, and shall be 

5579 free from assessment and taxation so long as they remain 

5580 inalienable. The United States will also pay in United States 

5581 securities, animals, goods, provisions, or such other useful articles 

5582 as may, in the discretion of the Secretary of the Interior, be 

5583 deemed best adapted to the respective wants and conditions of 

5584 the persons named in the schedule hereto annexed, they being 

5585 present and members of the bahds who suffered at Sand Creek, 

5586 upon the occasion aforesaid, the sums set opposite their names, 

5587 respectively, as a compensation for property belonging to them, 



127 

5588 and then and there destroyed or taken from them by the United 

5589 States troops aforesaid. 

5590 Article 7. The United States agree that they will expend 

5591 annually daring the period of forty years, from and after the 

5592 ratification of this treaty, for the benefit of the Indians who are 

5593 parties hereto, and of such others as may unite with them in 

5594 pursuance of the terms hereof, in such manner and for such pur- 

5595 poses as, in the judgment of the Secretary of the Interior, for 

5596 the time being, wiU liest subserve their wants and interests as a 

5597 people, the following amounts, that is to say, until such time as 

5598 . said Indians shall be removed to their reservation, as provided 

5599 for by Article 2 of this treaty, an amount which shall be equal 

5600 to twenty dollars per capita for each person entitled to partici- 

5601 pate in the beneficial provisions of this treaty, and from and 

5602 after the time.when such removal shall have been accomplished, 

5603 an amount which shall be equal to forty dollars per capita for 

5604 each person entitled as aforesaid. Such proportion of the ex- 
6605 penditure provided for by this article as may be considered 

5606 expedient to distribute in the form of annuities shall be delivered 

5607 to said Indians as follows, viz : on^-third thereof during the 

5608 spring, and two-thirds thereof during the autumn of each year. 

5609 For the purpose of determining from tiuDe to time the aggre- 

5610 gate amount to be expended under the provisions of this article, 

5611 it is*agreed that the number entitled to its beneficial provisions 

5612 the coming year is two thousand eight hundred, and that an 

5613 accurate census of the Indians entitled shall be taken at the 

5614 time of the annuity payment in the spring of each year by their 

5615 agent or other person designated for that purpose by the Secre. 

5616 tary of the Interior, which census shall be the basis on which 

5617 the amount to be expended the next ensuing year shall be deter- 

5618 mined. 

'5619 Aetiolb 8. The Indians parties to this treaty .expressly 

5620 covenant and agree that they will use their utmost endeavor to 

5621 induce that portion of the respective tribes not now present to 

5622 unite with them and accede to the provisions of this treaty, 

5623 which union and accession shall be evidenced and made binding 

5624 on all parties whenever such absentees shall have participated 

5625 in the beneficial provisions of this treaty. 

5626 Article 9. Upon the ratification of this treaty all former 

5627 treaties are hereby abrogated. 

5628 Proclaimed February 2, 1867. 

5629 K B. — The Apache tribe was brought into the provisions of 

5630 the above treaty by the second article of the treaty with the 

5631 Apaches, Cheyennes and Arrapahoes, proclaimed May 26, 1866, 

5632 the treaty following next to the above. 



128 

5633 Treaty between the United States of America and the Apache, 

5634 Cheyenne, and Arrapahoe tribes of Indians, concluded Octo- 

5635 ber 17, 1865; ratification advised May 22, 1866. 

5636 Andrew Johnson, President of the United States of America, 

5637 to all and singular to- whom these presents shall come, 

5638 greeting : 

5639 Whereas a treaty was made and concluded at the council- 

5640 ground on the Little Arkansas Eiver, in the State of Kansas, on 

5641 the seventeenth day of October, in the year of our Lord one 

5642 thousand eight hundred and sixty-five, by and between John B. 

5643 Sanborn, William S. Harney, James Steele, -William W'. Bent, 

5644 Kit Carson, Thomas Murphy, and J. H. Leavenworth, commis- 

5645 sioners on the part of the United States, and Kou-zhon-ta-co, 

5646 (Poor Bear,) Ba-zhe-ech, (Iron Shirt,) and other chiefs and head- 

5647 men, on the part of the Apache tribe of Indians, Moke-ta-ve-to 

5648 (Black Kettle,) Oh-to-ah-ne-so-to-wheo, (Seven Bulls,) and other 

5649 chiefs and head-men, on the part of the Cheyenne tribe of Indi- 

5650 ans, and Oh-has-tee, (Little Haven,) Oh-hah-mah-hah, (Storm,) 

5651 and other chiefs and head-men, on the part of the Arrapahoe 

5652 tribe of Indians, all of which chiefs and head-men were duly au- 

5653 thorized thereto by their respective tribes, which treaty is in the 

5654 words and figures following, to wit : 

5655 K B. — The Apaches relinquish all rights, privileges, and 
6656 grants given them by this treaty, in a treaty niiade, together with 

5657 the Kiowas and Comanches, on the 21st of October, 1867. 

5658 Whereas a treaty was made and concluded, by and be- 

5659 tween the undersigned commissioners on the part of the United 

5660 States, and the undersigned chiefs and head-men of the Cheyenne 

5661 and Arrapahoe tribes of Indians, on the part of said tribes, on 

5662 the fourteenth day of October, A. D. 1865, at the council-grounds 

5663 on the Little Arkansas Eiver, in the State of Kansas; and, 

5664 whereas, the Apache Indians, who have been heretofore con- 

5665 federated with the Kiowa and Comanche tribes of Indians, are 

5666 desirous of dissolving said confederation and uniting their for- 

5667 tunes with the said Cheyennes and Arrapahoes; and whereas 

5668 the said last-named tribes are willing to receive among them- 

5669 selves on an equal footing with the members of their own tribes, 

5670 the said Apache Indians ; and the United States, by their said 

5671 commissioners, having given their assent thereto, it is there- 

5672 fore hereby agreed by and between the United States, by their 

5673 said commissioners, and the said Cheyenne, Arrapahoe, and 

5674 Apache Indians, by the undersigned chiefs and head-men of said 

5675 tribes respectively, as follows, viz : 

5676 Article 1. The said Cheyenne, Arrapahoe, and Apache 

5677 tribes henceforth shall be and they are hereby united, and the 



129 

5678 United States will hereafter recognize said tribes as the confed- 

5679 erated bauds or tribes of Cheyenne, Arrapahoe, and Apache 

5680 Indians. 

5681 Aeticle 2. The several terms, stipulations, and agreements 

5682 to be done and performed on the part of the United States for 

5683 and with the said Cheyenne and Arrapahoe tribes of Indians, 

5684 and by the said Cheyenne and Arrapahoe tribes of Indians, for and 

5685 with the United States, by the provisions of said treaty of Oc- 

5686 tober 14th, A. D. 1865, shall be done and performed by the 

5687 United States for and on behalf of the said confederated tribes 

5688 or bands of Cheyenne^ Arrapahoe, and Apache Indians, and on 

5689 their part shall be done, observed, and performed to, with and 

5690 for the United States in the same manner, to the same extent, 

5691 and for like objects, to all intents and purposes, as would have 

5692 been the <3ase had said treaty been originally made and executed 

5693 with the said confederated tribes of Cheyenne, Arrapahoe, and 

5694 Apache Indians. 

5695 Proclaimed May 26, 1866. 

5696 Treaty 'between the United States of America and the Cheyenne and 

5697 Arapahoe tribes of Indians, concluded October 28, 1S67; 

5698 ratification adrised July 25, 1868. 

5699 Andrew Johnson, President of the United States of America, 

5700 to all and singular to whom these presents shall come, greet- 

5701 iuf: 

5702 Whereas a treaty was made and concluded at the Council 

5703 Camp, on Medicine Lodge Creek, seventy miles, south of Fort 

5704 Larned, in the State of Kansas, on the twenty-eighth day of 

5705 October, in the year of our Lord one thousand eight hundred 

5706 and sixty-seven, by and between K G. Taylor, Brevet Major- 

5707 General William S. Harney, Brevet Major-General C. C. Augur, 

5708 Brevet Major-General Alfred H. Terry, John B. Sanborn, Samuel 

5709 P. Tappan, and J. B. Henderson, commissioners on the pgrt of 

5710 the United States, and 0-to-ah-nac-co, (Bull-Bear,) Moke-tav- 

5711 a-to, (Black Kettle,) Little Eaven, Yellow Bear, and other chiefs 

5712 and head-men of the Cheyenne and Arapahoe tribes of Indians, 

5713 on the part of said Indians, and duly authorized thereto by 
6714 them, which treaty is in the words and figures following, to wit: 

5715 Articles of a treaty and agreement made and entered into at the 

5716 Council Camp on Medicine Lodge Creek, seventy miles south 

5717 of Port Larned, in the State of Kansas, on the twenty- 

5718 eighth day of October, eighteen hundred and sixty-seven, 

5719 by and between the United States of America, represented 

5720 by its commissioners duly appointed thereto, to wit : Na- 

5721 thaniel G. Taylor, William S. Harney, C. C. Augur, Alfred 

17 I T 



130 

5722 H. Terry, John B. Sanborn, Samuel F. Tappan, and John B. 

5723 Henderson, of the one part, and the Cheyenne and Arapa- 

5724 hoe tribes of Indians, represented by their chiefs and head- 

5725 men, duly authorized and empowered to act for the body of 
572G the people of said tribes — the names of said chiefs and head- 

5727 men being hereto subscribed — of the other part, witness : 

5728 Article 1. From this day forward, all war between the 

5729 parties to this agreement shall forever cease. The Government 

5730 of the United States desires peace, and its honor is here pledged 

5731 to keep it. The Indians desire peace, and they now pledge their 

5732 honor to maintain it. 

5733 If bad men among the whites, or among other people sub- 

5734 ject to the authority of the United States, shall commit any 

5735 wrong upon the person or property of the Indians, the United 

5736 States will, upon proof made to the agent and forwarded to the 

5737 Commissioner of Indian Affairs at Washington City, proceed at 

5738 once to cause the offender to be arrested and punished according 

5739 to the laws of the United States, and also reimburse the injured 

5740 person for the loss sustained. 

5741 If bad men among the Indians shall commit a wrong or depre- 

5742 dation upon the person or property of any one, white, black, or 

5743 Indian, subject to the authority of the United States and at 

5744 peace therewith, the tribes herein named solemnly agree that 

5745 they will, on proof made to their agent, and notice by him, de- 

5746 liver up the wrongdoer to the United States, to be tried and 
5747' punished according; to its laws; and in case thej^ wilfully refuse 

6748 so to do, the person injured shall be re-imbursed for his loss from 

6749 the annuities or other moneys due or to become due to them 

5750 under this or other treaties made with the United States. And 

5751 the President, on advising with the Commissioner of Indian 
6752 Affairs, shall prescribe such rules and regulations for ascertaining 

5753 damages, under the ijrovisions of this article, as in his judgment 

5754 maybe proper. But no such damages shall be adjusted and 

5755 paid until thoroughly examined and passed upon by the Com- 

5756 missioner of Indian Affairs and the Secretary of the Interior, 
5767 and no one sustaining loss, while violating, or because of his 
5758 violating, the provisions of this treaty or the laws of the United 
5769 States, shall be re-imbursed therefor. 

5760 Article 2. The United States agrees that the following 

5701 district of country, to wit : commencing at the point where the 

5762 Arkansas Eiver crosses the 37th parallel of north latitude, thence 

5763 west on said parallel— the said line being the southern boundary 

5764 of the State of Kansas — to the Cimarone Eiver, (sometimes called 
5766 the Eed Fork of the Arkansas Eiver;) thence down said Cimarone 

5766 Eiver, in the middle of the main channel thereof, to the Arkansas 

5767 Eiver; thence up the Arkansas Eiver, in the middle of the main 



131 

5768 channel thereof, to the place of beginning, shall be and the same 

5769 is hereby set apart for the absolute and undisturbed use and 

5770 occupation of the Indians herein named, and for such other 

5771 friendly tribes or individual Indians, as from time to time they 

5772 may be -willing, with the consent of the United States, to admit 

5773 among them ; and the United States now solemnly agrees that 

5774 no persons except those herein authorized so to do, and except 

5775 such officers, agents, and employes of the Government as may 

5776 be authorized to enter upon Indian reservations in discharge of 

5777 duties enjoined by law, shall ever be permitted to pass over, 

5778 settle upon, or reside in the territory described in this article, or 

5779 in such territory as may be added to this reservation for the use 

5780 of said Indians. 

5781 Article 3. If it should appear from actual survey, or other 

5782 examination of said tract of land, that it contains less than one 

5783 hundred and sixty acres of tillable land for each person who at 

5784 the time may be authorized to reside on it, under the provisions 

5785 of this treaty, and a very considerable number of such persons 

5786 shall be disposed to commence cultivating the soil as farmers, 

5787 the United States agrees to set apart for the use of said Indians, 

5788 as herein provided, such additional quantity of arable land 

5789 adjoining to said reservation, or as near the same as it can be 

5790 obtained, as may be required to provide the necessary amount. 

5791 Article 4. The United States agfees at its own proper 

5792 expense to construct at some place near the center of said reser- 

5793 vation, where timber and water may be convenient, the following 

5794 buildings, to wit : a warehouse or store-room for the use of the 

5795 agent in storing goods belonging to the Indians, to cost not 

5796 exceeding fifteen hundred dollars; an agency-building for tlie 

5797 residence of the agent, to cost not exceeding three thousand 

5798 dollars; a residence for the physician, to cost not more than 

5799 three thousand dollars ; and five other buildings, for a carpenter, 

5800 farmer, blacksmith, miller, and engineer, each to cost not exceed- 

5801 iug two thousand dollars ; also a school-house or mission-build- 

5802 ing, so soon as a sufficient number of children can be induced by 

5803 the agent to attend school, which shall not cost exceeding five 

5804 thousand dollars. The United States agrees, further, to cause 

5805 to be erected on said reservation, near the other buildings herein 

5806 authorized, a good steam circular saw-mill, with a grist-mill and 

5807 shingle machine attached ; the same to cost not exceeding eight 

5808 thousand dollars. 

5809 Article 5. The United States agrees that the agent for said 

5810 Indians in the future shall make his home at the agency build- 

5811 ing; that he shall reside among them, and keep an office open 

5812 at all times for the purpose of prompt and diligent inquiry into 

5813 such matters of complaint by and against the Indians as may be 



132 

5814 presented for investigation, under the provisions of their treatj' 

5815 stipulations, as also for the faithfnl discharge of other duties 

5816 enjoined on him by law. In all cases of depredation on person or 

5817 property, he shall cause the evidence to be taken in writing and 

5818 forwarded, together with his finding, to the Commissioner of 

5819 Indian Affairs, whose decision, subject to the revision of the 

5820 Secretary of the Interior, shall be binding on the parties to this 

5821 treaty. 

5822 Article 6. If any individual, belonging to said tribes of In- 

5823 dians, or legally incorporated with them, being the head of a 
5821 family, shall desire to commence farming, he shall have the 

5825 privilege to select, in the presence and with the assistance of the 

5826 agent then in charge, a tract of land within said reservation, not 

5827 exceeding three hundred and twenty acres in extent, which tract 

5828 when so selected, certified, and recorded in the land-book as 

5829 herein directed, shall cease to be held in common, but the same 

5830 may be occupied and held in the exclusive possession of the 

5831 person selecting it, and of his family, so long as he or they may 

5832 continue to cultivate it. Any person over eighteen years of age 

5833 not being the head of a family, may in like manner select and 

5834 cause to be certified to him, or her, for ijurposes of cultivation, 

5835 a quantity of land not exceeding eighty acres in extent, and 

5836 thereupon be entitled to the exclusive possession of the same as 

5837 above directed. 

5838 For each tract of land so selected, a certificate containing a 

5839 description thereof, and the name of the person selecting it, with 

5840 a certificate indorsed thereon, that the same has been recorded) 

5841 shall be delivered to the party entitled to it by the agent, after 

5842 the same shall have been recorded by him in a book to be kept 

5843 in his office, subject to inspection, which said book shall be 

5844 known as the " Cheyenne and Arapahoe Land Book." The Pre- 

5845 sident may at any time order a survey of the reservation, and, 

5846 when so surveyed, Congress shall provide for protectingthe rights 

5847 of settlers in their improvements, and may fix the character of 

5848 the title held by each. 

5849 The United States may pass such laws on the subject of alien- 

5850 ation and descent of property, and on all subjects connected with 

5851 the government of the Indians on said reservations, and the in- 

5852 ternal police thereof as may be thought proper. 

5853 Aeticle 7. In order to insure the civilization of the tribes 

5854 entering into this treaty, the necessity of eduation is admitted, 

5855 especially by such of them as are or may be settled on said agri- 

5856 cultural reservation, and they therefore pledge themselves to 

5857 compel their children, male and female, between the ages of six 

5858 and sixteen years, to attend school ; and it is hereby made the 

5859 duty of the agent for said Indians to see that this stipulation is 



133 

5860 strictly complied with ; and the Uuited States agrees that for 

5861 every thirty children between said ages, who can be induced or 

5862 compelled to attend school, a house shall be provided, and a 

5863 teacher competent to teach the elementary branches of an Eng- 

5864 lish education shall be furnished, who will reside among said 

5865 Indians, and faithfully discharge his or her duties as a teacher. 

5866 The provisions of this article to continue for not less than twenty 

5867 years. 

5868 Aeticle 8. When the head of a family or lodge shall have 

5869 selected lands and received his certificate as above directed, and 

5870 the agent shall be satisfied that he intends in good faith to com- 

5871 mence cultivating the soil for a living, he shall be entitled to re- 

5872 ceive seeds and agricultural implements for the first year, not 

5873 exceeding in value one hundred dollars ; and for each succeed- 

5874 ing year he shall continue to farm for a period of three years 

5875 more, he shall be entitled to receive seeds and implements as 

5876 aforesaid, not exceeding in value tweuty-five dollars. 

5877 And it is further stipulated that such persons as commence 

5878 farming shall receive instruction from the farmer herein pro- 

5879 vided for; and whenever more than one hundred persons shall 

5880 enter upon the cultivation of the soil, a second blacksmith shall 

5881 be provided, with such iron, steel, and other material as may be 

5882 needed. 

5883 Article 9. At any time after ten years from the making 

5884 of this treaty the United States shall have the privilege of with- 

5885 drawing the i>hysician, farmer, blacksmith, carpenter, engineer, 

5886 and miller, herein provided for, but in case of such withdrawal, an 

5887 additional sum, thereafter, of ten thousand dollars per annum 

5888 shall be devoted to the education of said Indians, and the Com- 

5889 missioner of Indian Affairs shall upon careful inquiry into their 

5890 condition make such rules and regulations for the expenditure 

5891 of said sum as will best promote the educational and moral im- 

5892 xJi'ovement of said tribes. 

5893 Article 10. In lieu of all sums of money or other an- 

5894 unities provided to be paid to the Indians herein named, under 

5895 the treaty of October fourteenth, eighteen hundred and sixty- 

5896 five, made at the mouth of Little Arkansas, and under all treat- 

5897 ies made previous thereto, the United States agrees to deliver 

5898 at the agency house on the reservation herein named, on the fif- 

5899 teenth day of October, of each year, for thirty years, the fojlow- 

5900 ing articles, to wit : 

5901 For each male i^ersou over fourteen years of age, a suit of 

5902 good, substantial woolen clothing, consisting of coat, pantaloons, 

5903 flannel shirt, hat, and a pair of home-made socks. 

5904 For each female over twelve years or age, a flannel skirt, 



134 

5905 or the goods necessary to make it, a pair of woolen hose, twelve 

5906 yards of calico, and twelve yards of cotton domestics. 

5907 For the boys and girls under the ages named, such flannel 

5908 and cotton goods as may be needed to make each a suit as afore- 

5909 said, together with a pair of woolen hose for each. 

5910 And in order that the Commissioner of Indian Affairs may 

5911 be able to estimate properly for the articles herein named, it 

5912 shall be the duty of the agent each year to forward to him a 

5913 full and exact census of the Indians on which the estimate from 

5914 year to year can be based. 

5915 And, in addition to the clothing herein named, the sum of 

5916 twenty thousand dollars shall be annually appropriated for a 

5917 period of thirty years, to be used by the Secretary of the In- 

5918 terior in the purchase of such articles as, from time to time, 

5919 the condition and necessities of the Indians may indicate to be 

5920 proper. And. if at any time, within the thirty years, it shall ap- 

5921 pear that the amount of money needed for clothing, under this 

5922 article, can be appropriated to better uses for the tribe herein 

5923 named, Congress may, by law, change the appropriation to other 

5924 purposes ; but, in no event, shall the amount of this appropria- 

5925 tion be withdrawn or discontinued for the period named. And 

5926 the President shall, annually, detail an officer of the Army to 

5927 be present, and attest the delivery of all the goods herein named 

5928 to the Indians, and he shall inspect and report on the quantity 

5929 and quality of the goods and the manner of their delivery. 

5930 Article 11. In consideration of the advantages and bene- 

5931 fits conferred by this treaty, and the many pledges of friendship 

5932 by the United States, the tribes who are parties to this agree- 

5933 ment hereby stipulate that they will relinquish all right to oc- 

5934 cupy permanently the territory outside of their reservation as 

5935 herein defined, but they yet reserve the right to hunt on any 

5936 lands south of the Arkansas so long as the buffalo may range 

5937 thereon in such numbers as to justify the chase; and no white 

5938 settlements shall be permitted on any part of the lands contained 

5939 in the old reservation as defined by the treaty made between 

5940 the United States and the Cheyenne, Arapahoe, and Apache 

5941 tribes of Indians, at the mouth of the Little Arkansas, under 

5942 date of October fourteenth, eighteen hundred and sixty-five, 

5943 within three years from this date; and they, the said tribes, fur- 

5944 ther expressly agree : 

5945 1st. That they will withdraw all opposition to the construction 

5946 of the railroad now being built on the Smoky Hill River, 

5947 whether it be built to Colorado or ISTew Mexico. 

5948 2d. That they will permit the peaceable construction of any 

5949 railroad not passing over their reservation, as herein defined. 

5950 3d. That they will not attack any persons at home or travel- 



135 

5951 ling, nor molest or disturb any wagou-trains, coaches, mules, or 

5952 cattle belonging to the people of the United States, or to persons 
5.953 friendly therewith. 

5954 4th. They will never capture or carry off from the settle- 

5955 ments white women or children. 

5956 5th. They will never kill or scalp white men, nor attempt to 

5957 do them harm. 

5958 6th. They withdraw all pretense of opposition to the con- 

5959 struction of the railroad now being built along the Platte Eiver, 
6960 and westward to the Pacific Ocean ; and they will not in future 

5961 object to the construction of railroads, wagon-roads, mail- 

5962 stations, or other works of utility or necessity, which may be 

5963 ordered or permitted by the laws of the United States. But 

5964 should such roads or other works be constructed on the lands of 

5965 their reservation, the Government will pay the tribe whatever 

5966 amount of damage may be assessed by three disinterested com- 

5967 missioners to be appointed by the President for that purpose, 

5968 one of said commissioners to be a chief or head-man of the 

5969 tribe. 

5970 7th. They agree to withdraw all opposition to the military 

5971 posts or roads now established, or that may be established, not 

5972 in violation of treaties heretofore made or- hereafter to be 

5973 made with any of the Indian tribes. 

5974 Akticle 12. l^o treaty for the cession of any portion or 

5975 part of the reservation herein described, which may be held in 

5976 common, shall be of any validity or force as against the said In- 

5977 dians unless executed and signed by at least three-fourths of all 
6978 the adult male Indians occupying or interested in the same ; and 

5979 no cession by the tribe shall be understood or construed in such 

5980 manner as to deprive without his consent any individual member 

5981 of the tribe of his rights to any tract of land selected by him as 

5982 provided in Article 6 of this treaty. 

6983 Article 13. The United States hereby agree to furnish 

5984 annually to the Indians the physician, teachers, carpenter, 

5985 miller, engineer, farmer, and blacksmiths, as herein contemplated, 

5986 and that such appropriations shall be made from time to time, 

5987 on the estimates of the Secretary of the Interior, as will be suf- 

5988 flcipnt to employ such persons. 

5989 Article 14. It is agreed that the sum of five hundred 

5990 dollars, annually, for three years from date, shall be expended 

5991 ill presents to the ten persons of said tribe who, in the judgment 

5992 of the agent, may grow the most valuable crops for the respect- 

5993 ive year. 

5994 Article 15. The tribes herein named agree that when the 

5995 agency-house and other buildings shall be constructed on the 

5996 reservation named, they will regard and make said reservation 



136 

5997 their permaneut home, and they will make no permanent settle- 

5998 ment elsewhere, but they shall have the right, subject to the 

5999 conditions and modifications of this treaty, to hunt on the lands 

6000 south of the Arkansas Eiver, formerly called theirs, in the same 

6001 manner as agreed on by the treaty of the "Little Arkansas," 

6002 concluded the fourteenth day of October, eighteen hundred and 
G003 sixty-flive. 

6004 Proclaimed August 19, 1SC8. 



6005 NORTHEEN CHEYBNNES AND NORTHERN ARRAPA- 

6006 HOES. 

6007 Treaty between the United States of America and the Northern 

6008 Cheyenne and Northern Arapahoe tribes of Indians, con- 

6009 eluded May 10, 1868 ; ratification advised July 25, 1868. 

6010 Andrew Johnson, Presid ent of the United States of America, to 

6011 all and singular to whom these presents shall come, greeting : 

6012 Whereas a treaty was made and concluded at Fort Laramie, 

6013 in the Territory of Dakota, on the tenth day of May, in the year 

6014 of our Lord one thousand eight hundred and sixty-eight, by and 

6015 between Lieutenant-General William T. Sherman, Brevet Major- 

6016 General William S. Harney, Brevet Major-General Alfred H. 

6017 Terry, Brevet Major-General C. C. Augur, John B. Sanborn, and 

6018 S. F. Tappan, commissioners on the part of the United States, 

6019 and Wah-Toh-Nah, Bah-Ta-Che, and other chiefs and head-men 

6020 of the Northern Cheyenne and Northern Arapahoe tribes of 

6021 Indians, on the part of said Indians, and duly authorized thereto 

6022 by them, which treaty is in the words and figures following, to 

6023 wit: 

6024 Articles of a treaty made and concluded at Fort Laramie, Da- 

6025 kota Territory, on the tenth day of May, in the year of our 

6026 Lord one thousand eight hundred and sixty-eight, by and 

6027 between the undersigned commissioners on the part of the 

6028 United States, and the undersigned chiefs and head-men of 

6029 and representing the Northern Cheyenne and Northern Ar- 

6030 apahoe Indians, they being duly authorized to act in the 

6031 premises. 

6032 Article 1. From this day forward peace between the par- 

6033 ties to this treaty shall forever continue. The Government of 

6034 the United States desires peace, and its honor is hereby pledged 

6035 to keep it. The Indians desire peace, and they hereby pledge 

6036 their honor to maintain it. If bad men among the whites, or 

6037 among other people subject to the authority of the United 



137 

6038 States, shall commit any wrong upon the persou or property of 

6039 the Indians, the United States will, upon proof made to the 

6040 agent and forwarded to the Commissioner of Indian Affairs 

6041 at Washington City, proceed at once to cause the offender to 

6042 be arrested and punished according to the laws of the United 

6043 States, and also reimburse the injured person for the loss sus- 

6044 tained. 

6045 If bad men among the Indians shall commit a wrong or dep- 

6046 redation upon the person or property of any one, white, black, or 

6047 Indian, subject to the authority of the United States and at peace 

6048 therewith, the Indians herein named solemnly agree that they will, 

6049 on proof made to their agent, and notice by him, deliver up 

6050 the wrong-doer to the United States, to be tried and punished 

6051 according to its laws ; and in case they wilfully refuse so to do, 

6052 the person injured shall be reimbursed for his loss from the an- 

6053 unities or other moneys due or to become due to them under this 

6054 or other treaties made with the United States. And the Presi- 

6055 dent, on advising with the Commissioner of Indian Affairs, 

6056 shall prescribe such rules and regulations for ascertaining dam- 
0057 ages under the provisions of this article as in his judgment may 

6058 be proper. But no such damages shall be adjusted and paid 

6059 until thoroughly examined and passed upon by the Commissioner 

6060 of Indian Affairs, and no one sustaining loss while violating, or 

6061 because of his violating, the provisions of this treay or the laws 

6062 of the United States shall be reimbursed therefor. 

6063 Article 2. The Indians, parties to this treaty, hereby agree 
60f 4 to accept for their permanent home some portion of the tract of 
6065- country set apart and designated as a permanent reservation for 
6066 the Southern Cheyenne and Arapahoe Indians by a treaty entered 
0067 into by and between them and the United States, at Medicine 

6068 Lodge Creek, on the — day of October, eighteen hundred and 

6069 sixty-seven, or some portion of the country and reservation ser 

6070 apart and designated as a permanent home for the Brul^ and other 

6071 bands of Sioux Indians, by a treaty entered into by and between 

6072 said Indians and the United States, at Port Laramie, D. T., 

6073 on the twenty-ninth day of April, eighteen hundred and sixty- 

6074 eight. And the Northern Cheyenne and Arapahoe Indians 

6075 do hereby relinquish, release, and surrender to the United 

6076 States, all right, claim, and interest in and to all territory 

6077 outside the two reservations above mentioned, except the right 

6078 to roam and hunt while game shall be found in sufficient quanti- 

6079 ties to justify the chase. And they do solemnly agree that they 

6080 will not build any permanent homes outside of said reservations, 

6081 and that within one year from this date they will attach them- 

6082 selves permanently either to the agency provided for near the 

6083 mouth of Medicine Lodge Creek, or to the agency about to be 

18 IT 



-138 

6084 established on the ^Missouri River, uear Fort Eandall, or to the 

6085 Crow agency near Otter Creek, on the Yellowstone Eiver, 

6086 provided for by treaty of the seventh day of May, eighteen hun- 

6087 dred and sixty-eight, entered into by and between the United 

6088 States and said Crow Indians, at Fort Laramie, D. T. ; and it 

6089 is hereby expressly understood that one portion of said Indians 

6090 may attach themselves to one of the afore-mentioned reserva- 

6091 tions, and another portion to another of said reservations, as 

6092 each part or portion of said Indians may elect. 

6093 Article 3. If any indi\idual belonging to said tribes of 

6094 Indians, or legally incorporated with them, being the head of a 

6095 family, shall desire to commence farming, he shall have the 

6096 privilege to select, in the presence and with the assistance of the 

6097 agent then in charge, a tract of land within said reservations 

6098 not exceeding three hundred and twenty acres iu extent, which 

6099 tract, when so selected, certified, and recorded in the " Land 

6100 Book" as herein directed, shall cease to be held in common, but 

6101 the same may be occupied and held in the exclusive possession 
3102 of the person selecting it, and of his family, so long as he or 

6103 they may continue to cultivate it. 

6104 Any person over eighteen years of age, not being the head 

6105 of a family, may in like manner select and cause to be certified. 

6106 to him or her, for purposes of cultivation, a quantity of land not 

6107 exceeding eighty acres in extent, and thereupon be entitled to 

6108 the exclusive possession of the same as above directed. 

6109 For each tract of land so selected, a certificate containing a 

6110 description thereof and the name of the person selecting it, 

6111 with a certificate endorsed thereon that the same has been re- 

6112 corded, shall be delivered to the party entitled to it by the agent 

6113 after the same shall have been recorded by him in a book to be 

6114 kept in his oflQce, subject to inspectiou, which said book shall be 

6115 known as the " Northern Cheyenne and Arapahoe Land Book." 

6116 The President may, at any time, order a survey of the 

6117 reservation; and when so surveyed. Congress shall provide for 

6118 protecting the rights of settlers in their improvements, and may 

6119 fix the character of the title held by each. 

6120 The United States may pass such laws on the subject of 

6121 alienation and descent of property as between Indians and on 

6122 all subjects connected with the government of the Indians on 

6123 said reservations, and the internal police thereof, as may be 

6124 thought proper. 

6125 Aeticle 4. In order to iusure the civilization of the tribe 

6126 entering into this treaty, the necessity of education is admitted, 

6127 especially by such of them as are or may be settled on said 

6128 agricultural reservation, and they therefoi-e pledge themselves 

6129 to compel their children, male and female, between the ages of 



139 

6130 six and sixteen years, to attend school ; and it is hereby made 

6131 the duty of the agent for said Indians to see that this stipulation 
6133 is strictly complied with ; and the United States agrees that 

6133 for every thirty children, between said ages, who can be in- 

6134 ducedor compelled to attend school, a house shall be provided, 

6135 and a teacher, competent to teach the elementary branches of 

6136 an English education, shall be furnished, who will reside among 

6137 said Indians and faithfully discharge his or her duties as a 

6138 teacher. The provisions of this article to continue for twenty 

6139 years. 

6140 Aetiole 5. When the head of a family or lodge shall have 

6141 selected lands, and received his certificate as above directed, 

6142 and the agent shall be satisfied that he intends in good faith to 

6143 commence cultivating the soil for a living, he shall be entitled 

6144 to receive seeds and agricultural implements for the first year 

6145 in value one hundred dollars, and for each succeeding year he 

6146 shall continue to faria for a period of three years more he 

6147 shall be entitled to receive seeds and implements as-aforesaid in 

6148 value twenty -five dollars per annum. 

6149 And it is further stipulated that such persons as commence 

6150 farming shall receive instructions from the farmer herein pro- 

6151 vided for, and whenever more than one hundred persons shall 

6152 enter upon the cultivation of the soil a second blacksmith shall 

6153 be provided, with such iron, steel, and other material as may 

6154 be needed. 

6155 Article 6. In lieu of all sums of money or other aunui- 

6156 ties provided to be paid to the Indians herein named, under any 

6157 and all treaties heretofore made with them, the United States 

6158 agrees to deliver at the agency-house, oa the reservations heroin 

6159 provided for, on the first day of September of each year, for 

6160 thirty years, the following articles, to wit : 

6161 For each male person over fourteen years of age, a suit of 

6162 good substantial woolen clothing, consisting of coat, hat, panta- 

6163 loons, flannel shirt, and a pair of woolen socks. 

6164 For each female over twelve years of age, a flannel skirt, or 

6165 the goods necessary to make it, a pair of woolen hose, twelve 

6166 yards of calico, and twelve yards of cotton domestics. 

6167 For the boys and girls under the ages named, such flannel 

6168 and cotton goods as may be needed to make each a suit, as afore- 

6169 said, together with a pair of woolen hose for each. 

6170 And in order that the Commissioner of Indian Affairs may 

6171 be able to estimate properly for the articles herein named, it 

6172 shall be the duty of the agent each year to forward to him a full 

6173 and exact census of the Indians, on which tiie estimates from 

6174 year to year can be based. 

6175 And, in addition to the clothing herein named, the sum of 



140 

6176/ ten dollars shall be annually appropriated for each Indian roam- 

6177 ing, and twenty dollars for each Indian engaged in agricnlture, 

6178 for a period of ten years, to be used by the Secretary of the In- 

6179 terior in the purchase of such articles as from time to time 

6180 the condition and necessities of the Indians may indicate to be 

6181 proper. And if, at any time within the ten years, it shall appear 

6182 that the amount of money needed for clothing under this article 

6183 can be appropriated to better uses for the tribes herein named, 

6184 Congress may by law change the appropriation to other pur- 

6185 poses ; but in no event shall the amount of this appropriation 

6186 be withdrawn or discontinued for the period named. And the 

6187 President shall annually detail an officer of the Army to be pres- 

6188 ent and attest the delivery of all the goods herein named to the 

6189 Indians, and he shall inspect and report on the quantity and 

6190 quality of the goods and the manner of their delivery ; and it is 

6191 expressly stipulated that each Indian over the age of four years, 

6192 who shall have removed to and settled permanently upon said 

6193 reservation and complied with the stipulations of this treaty, 

6194 shall be entitled to receive from the United States, for the pe- 

6195 riod of four years after he shall have settled upon said reserva- 

6196 tion, one pound of meat and one pound of flour per day, jjro- 

6197 vided the Indians cannot furnish their own subsistence at an 

6198 earlier date ; and it is further stipulated that the United States 

6199 will furnish and deliver to each lodge of Indians, or family of 

6200 persons legally incorporated with them, who shall remove to the 

6201 reservation herein described and commence farming, one good 

6202 American cow and one well-broken pair of American oxen, within 

6203 sixty days after such lodge or family shall have so settled upon 

6204 said reservation. 

6205 Article 7. The United States hereby agrees to furnish 

6206 annually to the Indians who settle upon the reservation a phy- 

6207 siciau, teachers, carpenter, miller, engineer, farmer, and bhick- 

6208 smiths, as herein contemplated, and^ that such appropriations 

6209 shall be made from time to time on the estimates of the Secre- 

6210 tary of the Interior as will be sufficient to employ such persons. 

6211 Aeticle 8.. No treaty for the cession of any portion of 

6212 the reservations herein described, which may be held in common, 

6213 shall be of any force or validity as against the said Indians, uu- 

6214 less executed and signed by at least a majority of all the adult 

6215 male Indians occupying or interested in the same ; and no ces- 

6216 sion by the tribe shall be understood or construed in such man- 

6217 ner as to deprive, without his consent, any individual member 

6218 of the tribe of his right to any tract of land. selected by him, as 

6219 hereinbefore provided. 

6220 Article 9. It is agreed that the sum of five hundred dol- 

6221 lars annually for three years, from the date when they com- 



141 

6222 meneed to cultivate a farm, shall be expended in presents to tte 

6223 ten persons of said tribe who, in the judgment of the agent, 

6224 may grow the most valuable crops for the respective year, 
6325 Proclaimed 25th August, 1868. 



6226 CHIPPBWAS. 

6227 Articles of a treaty made and concluded at Saginaw, in the Terri- 

6228 tory of Michigan, between the United States of America, by 

6229 their commissioner, Lewis Cass, and the Ghippeica Nation of 

6230 Indians. 

6231 Article 1. The Chippewa IiTation of ludians, in considera- 

6232 tion of the stipulations herein made on the part of the United 

6233 States, do hereby, forever, cede to the United States the land 

6234 comprehended within the following lines and boundaries : Be- 

6235 ginning at a point in the present Indian boundary -line, which 

6236 runs due north from the mouth of the Great Auglaize River, six 

6237 miles south of the place where the base line, so called, iuter- 

6238 sects the same ; thence west sixty miles ; thence iu a direct line 

6239 to the head of Thunder Bay River; tlience down the same, fol- 

6240 lowing the courses thereof, to the mouth; thence northeast to 

6241 the boundary-line between the United States and the British 

6242 Province of Upper Canada ; thence with the same to the line 

6243 established by the treaty of Detroit, in the year one thousand 

6244 eight hundred and seven ; thence with the said line to the place 

6245 of beginning. 

6246 Article 2. From the cession aforesaid the following tracts 

6247 of land shall be reserved for the use of the Chippewa Nation of 

6248 Indians : 

6249 One tract, of eight thousand acres, on the east side of the 

6250 river An Sable, near where the Indians now live. 

6251 One tract, of two thousand acres, on the river Mesagwisk. 

6252 One tract, of six thousand acres, on the north side of the 

6253 river Kawkawling, at the Indian village. 

6254 One tract, of iive thousand seven hundred and sixty acres, 

6255 upon the Flint River, to include Eeauai's village and a place 

6256 called Kishkawbawee. 

6257 One tract, of eight thousand acres, on the head of the river 

6258 Huron, which empties into the Saginaw River at the village of 

6259 Otusson. 

6260 One island in the Saginaw Bay. 

6261 One tract, of two thousand acres, where Nabobask formerly 

6262 lived. 



142 

6263 One tract, of one thousand acres, near tbe island in the 

6264 Saginaw Eiver. 

6265 One tract, of six hundred and forty acres, at the bend of 

6266 the river Huron, which empties into the Saginaw Eiver. 

6267 One tract, of two thousand acres, at the mouth of Point 

6268 Augrais Eiver. 

6269 One tract, of one thousand acres, on the river Huron, at 

6270 Menoequet's village. 

6271 One tract, of ten thousand acres, on the Shawassee Eiver, 

6272 at a place called the Big Eock. 

6273 One tract, of three thousand acres, on the Shawassee Eiver, 

6274 at Ketchewauudaugenink. 

6275 One tract, of six thousand acres, at the Little Forks on the 

6276 Tetabawasink Eiver. 

6277 One tract, of six thousand acres, at the Black Bird's town, 

6278 on the Tetabawasink Eiver. 

6279 One tract, of forty thousand acres, on west side of the Sagi- 

6280 naw Eiver, to be hereafter located. 

6281 Article 3. There shall be reserved, for the use of each of 

6282 the i^ersons hereinafter mentioned and their heii's, which per- 

6283 sons are all Indians by descent, the following tracts of land : 

6284 For the use of John Eiley, the son of Menawcumegoqua, a 

6285 Chippewa woman, six hundred and forty acres of land, beginning 

6286 at the head of the iirst marsh above the mouth of the Saginaw 

6287 Eiver, on the east side thereof. 

6288 ■ For tbe use of Peter Eile3', the son of Menawcumegoqua, a 

6289 Chippewa woman, six hundred and forty acres of laud, beginning 

6290 above and adjoining the apple-trees on the west side of the Sagi- 

6291 naw Eiver, and running up the same for quantity. 

6292 For the use of James Eiley, the sou of Menawcumegoqua, a 

6293 Chippewa woman, six hundred and forty acres, beginning on the 

6294 east side of the Saginaw Eiver, nearly opposite to Campeau's 

6295 trading-house, and running up the river for quantity. 

6296 For the use of Kawkawiskou, or the Crow, a Chippewa chief, 

6297 six hundred and forty acres of land, on the east side of the Sagi- 

6298 naw Eiver, at a place called Menitegow, and to include, in the 

6299 said six hundred and forty acres, the island opposite to the said 

6300 place. 

6301 For the usa of Nowokeshik, Metawanene, Mokitchenoqua, 

6302 Noudashemau, Petabonaqua, Messawwakut, .Checbalk, Kitche- 

6303 geequa, Sagosequa, Auuoketoqua, and Tawcumegoqua, each, six 

6304 hundred and forty acres of land, to be located at and near the 

6305 grapd traverse of the Flint Eiver, in such manner as the Presi- 

6306 dent of the United States may direct. 

6307 For the use of the children of Bokowtonden, six hundred 

6308 and forty acres, on the Kawkawling Eiver, 



143 

6309 Aettcle 4. In consideration of tlie cession aforesaid, the 

6310 United States agree to pay to the Chippewa Nation of Indians, 

6311 annually, forever, the sum of one thousand dollars in silver ; 

6312 and do also agree that all annuities due by any former treaty to 

6313 the said tribe shall he hereafter paid in silver. 

6314 Article 5. The stipulation contained in the treaty of 

6315 Greenville, relative to the right of the Indians to hunt upon 

6316 the land ceded, while it continues the property of the United 

6317 States, shall apply to this treaty; and the Indians shall, for the 

6318 same term, enjoy the privilege of making sugar upon the same 

6319 laud, committing no unnecessary waste upon the trees. 

6320 Article 6. The United States agree to pay to the Indiaus 

6321 the value of any improvements which the3^ may be obliged to 

6322 abandon, in consequence of the lines established by this treatj', 

6323 and which improvements add real value to the land. 

6324 Article 7. The United States reserve to the proper author- 

6325 ity the right to make roads through any part of the land re- 

6326 served by this treaty. 

6327 Article 8. The United States engage to provide and sup- 

6328 port a blacksmith for the Indians, at Saginaw, so long as the 

6329 President of the United States may think proper, and to fur- 

6330 nish the Chippewa Indians with such farming utensils and cat- 

6331 tie, and to employ such persoiis to aid them in their agriculture, 

6332 as the President may deem expedient. 

6333 Article 9. This treaty shall take effect, and be obligatory on 

6334 the contracting parties, so soon as the same shall be ratified by 

6335 the President of the Uuited States, by and with the advice and 

6336 consent of the Senate thereof. , 

6337 Proclaimed March 25, 1820. 

6338 Articles of a treaty made and concluded at the Saidt de Saint Marie, 

6339 in the Tei'ritory of Michigan, between the United States, by 

6340 their commissioner, Lewis Cass, and the Chippeway tribe of 

6341 Indians. 

6342 Article 1. The Chippeway tribe of Indians cede to the 

6343 United States the following tract of land : beginning at the Big 

6344 Eock in the river St. Mary's, on the boundary-line between 

6345 the United States and the British Province of Upper Canada; 

6346 and, running thence down the said river, with the middle thereof, 

6347 to the Little Eapid ; and, from those points, running back from 

6348 the said river, so as to include sixteen square miles of land. 

6349 Article 2. The Chippeway tribe of Indians acknowledge 

6350 to have received a quantity of goods in full satisfaction of the 

6351 preceding cession. 

6362 Article 3. The United States will secure to the Indians a 



144 

6353 perpetual right of fishing at the falls of Saint Mary's, and also 

6354 a place of encampment upon the tract hereby ceded, convenient 

6355 to the fishing ground, which place shall not interfere with the 

6356 defenses of any military work which may be erected, nor with 

6357 any private rights. 

6358 Article 4. This treaty, after the same shall be ratified by 

6359 the President of the United States, by and with the advice and 

6360 consent of the Senate thereof, shall be obligatory on the con- 

6361 tractlng parties. 

6362 Proclaimed March 2, 1821. 

6363 Articles of a treaty made and concluded at the Font du Lac of Lake 

6364 Superior, this fifth day of August, in the year of our Lord one 

6365 thousand eight hundred and twenty-six, between Lewis Cass and 

6366 Thomas L. McKenney, commissioners on the part of the United 

6367 States, and the Chippewa tribe of Indians. 

6368 Wliereas a treaty was concluded at Prairie du Ohien in Au- 

6369 gust last, by which the war, which has been so long carried on, 

6370 to their mutual distress, between the Chippewas and Sioux, was 

6371 happily terminated by the intervention of the United States; 

6372 and whereas, owing t^ the remote and dispersed situation of the 

6373 Chippewas, full deputations of their different bands did not 

6374 attend at Prairie du Chien, which circumstance, from the loose 

6375 nature of the Indian government, would render the treaty of 

6376 doubtful obligation with respect to the bands not represented; 

6377 and whereas, at the request of the Chippewa chiefs, a stipula- 

6378 tion was inserted in the treaty of Prairie du Chien, by which 

6379 the United States agreed to assemble the Chippewa tribe upon 

6380 Lake Superior during the present year, in order to give full 

6381 effect to the said treaty, to explain its stipulations, and to call 

6382 upon the whole Chippewa tribe, assembled at their general 

6383 council-fire, to give their formal assent thereto, that the peace 

6384 which has been concluded may be rendered permanent : There- 

6385 fore— 

6386 Article 1. The chiefs and warriors of the Chippewa tribe 

6387 of Indians hereby fully assent to the treaty concluded in August 

6388 last at Prairie du Chien, and engage to observe and fulfil the 

6389 stipulations thereof. 

6390 Article 2. A deputation shall be sent by the Chippewas 

6391 to the treaty to be held in 1827, at Green Bay, with full power 

6392 to arrange and fix the boundary-line between the Chippewas 

6393 and the Wiunebagoes and Menomonees, which was left incom- 

6394 plete by the treaty of Prairie da Chien, in consequence of the 

6395 non-attendance of some of the principal Menomonee chiefs. 

6396 Article 3. The Chippewa tribe grant to the Government 



145 

6397 of the United States the right to search for, aud carry away, 

6398 any metals or minerals from any part of their country. But 

6399 this grant is not to affect the title of the land nor the existing 

6400 jurisdiction over it. 

6401 Article 4. It being deemed important that the half-breeds 
6403 scattered through this extensive country should be stimulated 

6403 to exertion and improvement by the possession of permanent • 

6404 property and fixed residences, the Chippewa tribe, in consider- 

6405 ation of the affection they bear to these persons, and of the 

6406 interest which they feel in their welfare, grant to each of the 

6407 persons described in the schedule hereunto annexed, being half- 

6408 breeds and Chippewas by descent, and it being understood that 

6409 the schedule includes all of this description who are attached 

6410 to the Government of the United States, six hundred and forty 

6411 acres of land, to be located, under the direction of the Presi- 

6412 dent of the United States, upon the islands and shore of the 

6413 St. Mary's Eiver, wherever good land enough for this purpose 

6414 can be found ; and as soon as such locations are made, the juris- 

6415 diction and soil thereof are hereby ceded. It is the intention 

6416 of the parties that, where circumstances will permit, the grants 

6417 be surveyed in the ancient French manner, bounding not less 

6418 than six arpens nor more than ten upon the river, and running 

6419 back for quantity; and that where this cannot be done, such 

6420 grants be surveyed in any manner the President may direct. 

6421 The locations for Oshauguscodaywayqua and her descendants 

6422 shall be adjoining the lower part of the military reservation, 

6423 and upon the head of Sugar Island. The persons to whom 

6424 grants are made shall not have the privilege of conveying the 

6425 same without the permission of the President. 

6426 Aeticle 5. In consideration of the poverty of the Ohippe- 

6427 was, and of the sterile nature of the country they inhabit, unfit 

6428 for cultivation, and almost destitute of game, and as a proof of 

6429 regard on the part of the United States, it is agreed that an 

6430 annuity of two thousand dollars, in money or goods, as the 

6431 President may direct, shall be paid to the tribe, at the Sault St. 

6432 Marie. But this annuity shall continue only during the pleas- 

6433 ure of the Congress of the United States. 

6434 Article 6. With a view to the improvement of the Indian 

6435 youths, it is also agreed that an annual sum of one thousand 

6436 dollars shall be appropriated to the support of an establishment 

6437 for their education, to be located upon some part of the St. 

6438 Mary's Eiver, and the money to be expended under the direc- 

6439 tion of the President; and for the accommodation of such school, 

6440 a section of land is hereby granted. But the payment of the 

6441 one thousand dollars stipulated for in this article is subject to 

6442 the same limitation described in the preceding article. 

19 IT 



146 

04:43 Article 7. The necessity for the stipulations in the fourth, 

6444 fifth, and sixth articles of this treaty could be fully apparent 

6445 only from personal observation of the condition, prospects, and 

6446 wishes of the Chippewas, and the commissioners were therefore 

6447 not specifically instructed upon the subjects therein referred to; 

6448 but seeing the extreme poverty of these wretched people, find- 

6449 ing them almost naked and starving, and ascertaining that 

6450 many perished during the last winter, from hunger and cold, 

6451 they were induced to insert these articles. But it is expressly 

6452 understood and agreed that the fourth, fifth, and sixth articles, 

6453 or either of them, may be rejected by the President and Senate, 
5454 without affecting the validity of the other articles of the treaty. 

6455 Article 8. The Chippewa tribe of Indians fully acknowl- 

6456 edge the authority and jurisdiction of the United States, and 

6457 disclaim all connection with any foreign power, solemnly prom- 

6458 ising to reject any messages, speeches, or councils, incompatible 

6459 with the interest of the United States, and to communicate in- 

6460 formation thereof to the proper agent, should any such be deliv- 

6461 ered or sent to them. 

6462 Aetiole 9. This treaty, after the same shall be ratified 

6463 by the President and Senate of the United States, shall be oblig- 

6464 atory on the contracting parties. 

6465 Proclaimed February 27, 1827. 

6466 Supplementary Article. 

6467 As the Chippewas who committed the murder upon four 

6468 American citizens, in June, 1824, upon the shores of Lake Pepin, 

6469 are not present at this council, but are far in the interior of the 

6470 country, so that they cannot be apprehended and delivered to 

6471 the proper authority before the commencement of the next sum- 

6472 mer ; and as the commissioners have been specially instructed 

6473 to demand the surrender of these persons, and to state to the 

6474 Chippewa tribe the consequence of suffering such a flagitious 

6475 outrage to go unpunished, it is agreed that the persons guilty 

6476 of the beforementioned murder shall be brought in, either to the 

6477 Sault St. Marie or Green Bay, as early next summer as practi- 

6478 cable, and surrendered to the proper authority ; and that, in the 

6479 mean time, all further measures on the part of the United States 

6480 in relation to this subject shall be suspended. 

6481 Schedule referred to in tlie preceding treaty. 

6482 To Oshauguscodaywagqua, wife of John Johnston, esq., to 

6483 each of her children, and to each of her grandchildren, one sec- 

6484 tion. 



147 

6485 To Saugemauqua, widow of the late John Baptiste Cadotte, 

6486 and to her children, Lonison, Sophia, Archangel, Edward, and 

6487 Polly, one section each. 

6488 To Keneesequa, wife of Samuel Ashman, and to each of her 

6489 children, one section. 

6490 To Teegaushau, wife of Charles H. Oakes, and to each of her 

6491 children, one section. 

6492 To Thomas Shaw, son of Obimetunoqua, and to his wife 

6493 Mar}^, being also of Indian descent, each one section. 

6494 To Fanny Levake, daughter of Meeshwauqua, and to each 

6495 of her children, one section. 

6496 To Obayshaunoquotoqua, wife of Francis Goolay, jr., one 

6497 section. 

6498 To Omuckackeence, wife of John Holiday, and to each of 

6499 her children, one section. 

6500 To Obimegeezhigoqua, wife of Joseph Due Chene, jr., and 

6501 to each of her children, one section. 

6502 To Monedoqaa, wife of Charles Oloutier, one section. 

6503 To Susan Yarns, daughter of Odanbitogeezhigoqua, one 

6504 section. 

6505 To Henry Sayer and John Sayer, sons of Obemau nnoqua, 

6506 each one section. 

6507 To each of the children of John Tanner, being of Chippewa 

6508 descent, one section. 

6509 To WassidjeeWunoqua, and to each of her children, by 

6510 George Johnston, one section. 

0511 To Michael Cadotte, senior, son of Equawaice, one section. 

0512 To Equaysayway, wife of Michael Cadotte, senior, and to 

6513 each of her children living within the United States, one sec- 

6514 tion. 

6513 To each of the children of Charlotte Warren, widow of tlie 

6516 late Truman A. Warren, one section. 

6517 To Mary Chapman, daughter of Equameeg, and wife of 

6518 Bela Chapman, and to each of her children, one section. 

6519 To Saganoshequa, wife of John H. Fairbanks, and to each 
0520 of her children, one section. ' 

6521 To Shaughiinomonee, wife of William Morrison, and to each 

6522 of her children, one section. 

0523 To each of the children of the late lugwaysuh, wife of Jo- 

6524 seph Cot6, one section. 

6525 To each of the children of Angelique Cote, late wife of"" 

6526 Pierre Cot6, one section. 

6527 To Pazhikwutoqua, wife of William Aitken, and to each of 

6528 her children, one section. 

6529 To Susan Davenport, grand-daughter of Misquabuuoqua, 



148 

6530 aud wife of Ambrose Davenport, and to each of her children, 

6531 one section. 

6532 To Waubunequa, wife of Augustin Belanger, and to each 

6533 of her children, one section. 

6534 To Charlotte Louisa Morrison, wife of Allan Morrison, and. 

6535 daughter of Manitowidjewung, and to each of her children, one 

6536 section. 

6537 To each of the children of Eustace Roussain, by Shauwu- 

6538 naubnnoqua, Wauwaussumoqua, and Payshaubunoqua, one sec- 

6539 tion. 

6540 To Isabella Dingley, wife of Daniel Dingley, and daughter 

6541 of Pimegeezhigoqua, and to each of her children, one section, 

6542 To George Birkhead, being a Chippewa by descent, one 

6543 section. 

6544 To Susan Conner, wife of Thomas Conner, and daughter of 

6545 Pimegeezhigoqua, and to each of her children, one section. 

6546 To the children of George Ermatinger, being of Sbawnee 

6547 extraction, two sections collectively. 

6548 To Ossiuahjeeunoqua, wife of Michael Oadotte, jr., and to 

6549 each of her children, one section. 

6550 To Minedemoeyah, wife of Pierre Duvernay, one section. 

6551 To Ogeemaugeezhigoqua, wife of Basil Boileau, one sec- 

6552 tion. 

6553 To Wauneaussequa, wife of Paul Boileau, one section. 

6554 To Kaukaubesheequa, wife of John Baptiste Corbeau, one 

6555 section. 

6556 To John Baptiste Du Chene, son of Pimegeizhigoqua, one 

6557 section. 

6558 To each of the children of Ugwudaushee, by the late Tru 

6559 man A. Warren, one section. 

6560 To William Warren, son of Lyman M. Warren aud Mary 

6561 Cadotte, one section. 

6562 To Antoine, Joseph, Louis, Chalot, and Margaret Charette, 

6563 children of Equameeg, one section. 

6564 To the children of Francois Bontcher, by Waussequa, each 

6565 one section. 

6566 To Angelique Brabent, daughter of Waussegundum, and 

6567 wife of Alexis Brabent, one section. 

6568 To Odishqua, of Sault St. Marie, a Chippewa of unmixed 

6569 blood, one section. 

6570 To Pamidjeewung, of Sault St. Marie, a Chippewa of un- 

6571 mixed blood, one section. 

6572 To Waybossinoqua and John J. Wayishkee, children of 

6573 Wayishkee, each one section. 

6574 LEWIS CASS, 

6575 THOS. L. M'KENNET. 



149 

6576 Articles of a treaty made and concluded at St. Peters (the conflu- 

6577 ence of the St. Peters and Mississippi Rivers) in the Territory 

6578 of Wisconsin, between the United States of America, by their 

6579 commissioner, Henry Bodge, governor of said Territory, and 

6580 the Chippewa Nation of Indians, by their chiefs and head- 

6581 men. 

6582 Article 1. The said Chippewa Nation cede to the United 

6583 States all that tract of country included within the following 

6584 boundaries : 

6585 Beginning at the junction of the Crow Wing and Missis- 

6586 sippi Elvers, between twenty and thirty miles above where the 

6587 Mississippi is crossed by the forty-sixth parallel of north lati- 

6588 tude, and running thence to the north point of Lake St. Croix, 

6589 one of the sources of the St. Croix Eiver; thence to and along 

6590 the dividing ridge between the waters of Lake Superior and 

6591 those of the Mississippi, to the sources of the Ocha-sua-sepe, a 

6592 tributary of the Chippewa Eiver ; thence to a point on the 

6593 Chippewa Eiver, twenty miles below the outlet of Lake Do 

6594 Flambeau; thence to the junction of the Wisconsin and Pelican 

6595 Elvers; thence on an east course twenty-flve miles; thence 

6596 southerly, on a course parallel with that of the W^isconsin 

6597 Eiver, to the line dividing the territories of the Chippewas and 

6598 Menomonies; thence to the Plover Portage; thence along the 

6599 southern boundary of the Chippewa country, to the commence- 

6600 ment of the boundary-line dividing it from that of the Sioux, 

6601 half a day's march below the falls on the Chippewa Eiver; 

6602 thence with said boundary-line to the mouth of Wah-tap Eiver 

6603 at its junction with the Mississippi ; and thence up the Missis 

6604 sippi to the place of beginning. 

6605 Artiole 2. In consideration of the cession aforesaid, the 

6606 United States agree to make to the Chippewa Nation, annually, 

6607 for the term of twenty yea^s, from the date of the ratification of 

6608 this treaty, the following payments : 

6609 1. Nine thousand five hundred dollars, to be paid in money. 

6610 2. Nineteen thousand dollars, to be delivered in goods. 

6611 3. Three thousand dollars for establishing three blacksmiths 

6612 shops, supporting the blacksmiths, and furnishing them with 

6613 iron and steel. 

6614 4. One thousand dollars for farmers, and for supplying them 

6615 and the Lidians with implements of labor, with grain or seed ; 

6616 and whatever else may be necessary to enable them to carry on 

6617 their agricultural pursuits. 

6618 5, Two thousand dollars in provisions. 

6619 6. Five hundred dollars in tobacco. 

6620 The provisions and tobacco to be delivered at the same 



150 

6621 time with tlie goods, and the money to be paid ; -which time or 

6622 times, as well as the place or places where they are to be deliv- 

6623 ered, shall be fixed upon under the direction of the President ot 

6624 the United States. 

6625 The blacksmiths-shops to be placed at such points in the 

6626 Chippewa country as shall be designated by the superintendent 

6627 of Indian affairs, or under his direction. 

6628 If, at the expiration of one or more years, the Indians 

6629 should prefer to receive goods, instead of the nine thousand 

6630 dollars agreed to be paid to them in money, they shall be at lib- 

6631 erty to do so. Or, should they conclude to appropriate a por- 

6632 tion of that annuity to the establishment and support of a school 

6633 or schools among them, this shall be granted them. 

6634 Article 3. The sum of one hundred thousand dollars shall 

6635 be iiaid, by the United States, to the half-breeds of the Chip- 

6636 pewa Nation, under the direction of the President. It is the 

6637 wish of the Indians -that their two sub-agents, Daniel P. Bush- 

6638 nell arid Miles M. Vineyard, superintend the distribution of 

6639 this money among their half-breed relations. 

6640 Article 4. The sum of seventy thousand dollars shall 

6641 be applied to the payment, by the United States, of certain 

6642 claims against the Indians ; of which amount tWenty-eight 

6643 thousand dollars shall, at their request, be paid to William A- 

6644 Aitkin, twenty-five thousand to Lyman M. Warren, and the bal- 

6645 ance applied to the liquidation of other just demands against 

6646 them — which they acknowledge to be the case with regard to 

6647 that presented by Hurcules L. Dousman, for the sum of five 

6648 thousand dollars ; and they request that it be paid. 

6649 Article 5. The privilege of hunting, fishing, and gathering 

6650 the wild rice upon the lands, the rivers, and the lakes included in 

6651 the territory ceded, is guaranteed to the Indians during the 

6652 pleasure of the President of the United States. 

6653 Article 6. This treaty shall be obligatory from and after 

6654 its ratification by the President and Senate of the United States. 

6655 Proclaimed Jnne 15, 1828. 

6656 CHIPEWAS, OTTAWAS, AND POTTOWOTOMIES. 

6657 A treaty of peace, friendship, and limits, made and concluded 

6658 between Kinian Edwards, William Clarlc, and Auguste 

6659 Chouteau, commissioners plenipotentiary of the United States 

6660 of America, on the part and behalf of said States, of the 

6661 one part, and the chiefs and warriors of the united tribes oj 

6662 Ottawas, Chipawas, and Fottowotomees, residing on the Illinois 

6663 and Melwakee Rivers, and their waters, and on the southwestern 

6664 parts of Lake Michigan, of the other part. 



151 

6665 Whereas a serious dispute lias for some time past existed 

6666 between the contracting parties relative to the right to a part 

6667 of the lands ceded to the United States by the tribes of Sacs 

6668 and Foxes, on the third day of November, one thousand eight 

6669 hundred and four, and both parties being desirous of preserving 

6670 a harmonious and friendly intercourse, and of establishing per- 

6671 manent peace and friendship, have, for the purpose of removing 

6672 all difficulties, agreed to the following terms : 

6673 Article 1. The said chiefs and warriors, for themselves 

6674 and the tribes they represent, agree to relinquish, and hereby 

6675 do relinquish, to the United States, all their right, claim, and 

6676 title to all the land contained in the before-mentioned cession 

6677 of the Sacs and Foxes, which lies south of a due west line from 

6678 the southern extremity of Lake Michigan to the Mississippi 

6679 Eiver. And they moreover cede to the United States all the 

6680 land contained in the following bounds, to wit : beginning on 

6681 the left bank of the Fox Eiver of Illinois, ten miles above the 

6682 moutb of said Fox River ; thence running so as to cross Sandy 

6683 Creek, ten miles above its mouth ; thence, in a direct line, to a 

6684 point ten miles north of the west end of the portage between 

6685 Chicago Creek, which empties into Lake Michigan, and the river 

6686 Depleine, a fork of the Illinois ; thence, in a direct line, to a 

6687 point on Lake Michigan, ten miles northward of the mouth of 

6688 Chicago Creek ; thence, along the lake, to a point ten miles 

6689 southward of the mouth of the said Chicago Creek ; thence, 

6690 in a direct Ihie, to a point on the Kankakee, ten miles above its 

6691 mouth ; thence, with the said Kankakee and the Illinois Eiver, 

6692 to the mouth of Fox Eiver, and thence to the beginning : Fro- 

6693 mUed^ nevertheless, That the said tribes shall be permitted to 

6694 hunt and to fish within the limits of the land hereby relin- 

6695 quished and ceded, so long as it may continue to be the properly 

6696 of the United States. 

6697 Article 2. In consideration of the aforesaid relinquishment 

6698 and cession, the United States have this day delivered to said 

6699 tribes a considerable quantity of merchandise, and do agree to 

6700 pay them, annually, for the term of twelve years, goods to the 

6701 value of one thousand dollars, reckoning that value at the first 

6702 cost of the goods in the city or place in which they shall be pur- 
0703 chased, without any charge for transportation ; which said 

6704 goods shall be delivered to the said tribes at some place on the 

6705 Illinois Eiver, not lower down than Peoria. And the said United 

6706 States do moreover agree to relinquish to the said tribes all the 

6707 land contained in the aforesaid cession of the Sacs and Foxes, 

6708 which lies north of a due west line from the southern extremity 

6709 of Lake Michigan to the Mississippi Eiver, except three leagues 

6710 square at the mouth of the Ouisconsing Eiver, including both 



152 

6711 banks, and such other tracts, on or near to the Ouiscousing and 

6712 Mississippi Eivers, as the President of the United States may 

6713 think proper to reserve : Provided, That such other tracts shall 

6714 not in the whole exceed the quantity that would be contained in 

6715 five leagues square. 

6716 Article 3. The contracting parties, that peace and friend 

6717 ship may be permanent, promise that in all things whatever 

6718 they will act with justice and correctness toward each other, 

6719 and that they will, with perfect good faith, fulfill all the obliga- 

6720 tions imposed upon them by former treaties. 

6721 Proclaimed December 30, 1836. 

6722 Articles of a treaty made and concluded at Chicago, in the State of 

6723 Illinois, between Lewis Cass and Solomon Sibley, commissioners 

6724 of the United States, and the Ottawa, Chippeica, and Pottawata- 

6725 mie Nations of Indians. 

6726 Article 1. The Ottawa, Chippewa, and Pottawatamie Na. 
C726 tions of Indians cede to the United States all the land compre- 

6728 hended within the following boundaries : Beginning at a point 

6729 on the south bank of the river St. Joseph of Lake Michigan, 

6730 near the Pare aux Vaches, due north from Bum's Village, and 

6731 running thence south to a line drawn due east from the southern 

6732 extreme of Lake Michigan, thence with the said line east to the 

6733 tract ceded by the Pottawatamies to the United States by the 

6734 treaty of Fort Meigs in 1817, if the said line should strike the 

6735 said tract, but if the said line should pass north of the said tract, 

6736 then such line shall be continued until it strikes the western 

6737 boundary of the tract ceded to the United States by the treaty 

6738 of Detroit in 1807, and from the termination of the said line, 

6739 following the boundaries of former cessions, to the main branch 

6740 of the Grand Eiver of Lake Michigan, should any of the said 

6741 lines cross the said river, but if none of the said lines should cross 

6742 the said river, then to a point due east of the source of the 

6743 said main branch of the said river, and from such point due west 

6744 to the source of the said principal branch, and from the crossing 

6745 of the said river, or from the source thereof, as the case may be, 

6746 down the said river, on the north bank thereof, to the mouth ; 

6747 thence following the shore of Lake Michigan to the south bank 

6748 of the said river St. Joseph, at the mouth thereof, and thence 

6749 with the said south bank to the place of beginning. 

6750 Article 2. From the cession aforesaid, there shall be re 

6751 served, for the use of the Indians, the following tracts : 

6752 One tract at Mang-ach qua Village, on the river Peble, of 

6753 six miles square. 

6754 One tract at Mick-ke-saw-be, of six miles square. 



153 

6755 One tract at the village of Na-to-wasis-pe, of four miles 

C756 square. 

6757 One tract at the village of Prairie Eondo, of three miles 

6758 square. 

6759 One tract at the village of Match-e-be-narh-she wish, at the 

6760 head of the Kekalamazoo Eiver. 

6761 Article 3. There shall Jbe granted by the United States to 

6762 each of the following persons, being all Indians by descent, and 

6763 to their heirs, the following tracts of land : 

6764 To John Burnet, two sections of land. 

6765 To -James Burnet, Abraham Bnrnet, Rebecca Burnet, and 

6766 Nancy Burnet, each one section of land; which said John, 

6767 James, Abraham, Eebecca, and Nancy, are children of Kaw. 

6768 kee-me, sister of Topni-be, principal chief of the Potwatamie 

6769 Nation. 

6770 The land granted to the persons immediately preceding shall 

6771 begin on the north bank of the river St. Joseph, about two 

6772 miles from the mouth, and shall extend up and back from the 

6773 said river for quantity. 

6774 To John B. La Lime, son of Noke-no qua, one-half of a sec- 

6775 tion of land, adjoining the tract before granted, and on the npper 

6776 side thereof. 

6777 To Jean B. Chandonai, son of Ohi-pe-waqua, two sections 

6778 of land, on the river St. Joseph, above and adjoining the tract 

6779 granted to J. B. La Lime. 

6780 To Joseph Daz6, son of Chip-pe-wa-qua, one section of land 

6781 above and adjoining the tract granted to Jean B. Chandonai. 

6782 To Monguago, one-half of a section of land, at Mish-she-wa- 

6783 ko-kink. 

6784 To Pierre Moran or Peeresh, a Potawatamie chief, one sec- 

6785 tion of land, and to his children two sections of 'land, at the 

6786 mouth of the Elk-heart Eiver. 

6787 To Pierre Le Clerc, sou of Mol-qua, one section of laud on 

6788 the Elk-heart Eiver,' above and adjoining the tract granted to 

6789 Moran and his children. 

6790 The section of land granted by the treaty of St. Mary's, in 

6791 1818, to Peeresh or Perig, shall be granted to Jean B. Cicot, son 

6792 of Pe-say-quot, sister of the said Peeresh, it having been so iu- 

6793 tended at the execution of the said treaty. 

6794 To O-she-ak-kebe or Benac, one-half of a section of land on 

6795 the north side of the Elk-heart Eiver, where the road from Ohi- 

6796 cago to Port Wayne first crosses the said river. 

6797 To Me-naw-che, a Potawatamie woman, one-half of a section 

6798 of land on the eastern bank of the St. Joseph, where the road 

6799 from Detroit to Chicago first crosses the said river. 

6800 To Theresa Chandler or To-e-ak-qni, a Potawatamie woman, 

20 I T 



154 

6801 and to her daughter Betsey Fisher, one section of land on the 

6802 south side of tbe Grand Eiver, opposite to the Spruce Swamp. 
0803 To Charles Eeaubien and MedartBeaubien, sons of Man-na- 

6804 ben-a-qua, each one-half of a section of land near the village of 

6805 Ke-wi-go-shkeem, on the Washtenaw River. 

6806 To Antoine Eoland, son of I-gat-pat-a-wat-a-nue-qua, one- 

6807 half of a section of land adjoining and below the tract granted 

6808 to Pierre Moran. 

6809 To William Knaggs or Was-es-kuk-son, son of Ches-qua, 

6810 one-half of a section of land adjoining and below the tract 

6811 granted to Antoine Eoland. 

6812 To Madeline Bertrand, wife of Joseph Bertrand, a Potawata- 

6813 mie woman, one section of land at the Pare aux Vaches, on the 

6814 north side of the river St. Joseph. 

6815 To Joseph Bertrand, junior, Benjamin Betrand, Laurent 

6816 Betrand, Theresa Bertrand, and Amable Bertrand, children of 

6817 the said Madeline Bertrand, each one-half of a section of land at 

6818 the portage of the Kankakee Eiver. 

6819 To John Eiley, son of Me-naw-cum-a-go-quoi, one section of 

6820 land, at the mouth of the river An Foin, on the Grand Eiver, 

6821 and extending up the said river. 

6822 To Peter Eiley, the son of Me-naw-cum-ego-qua, one section 

6823 of land, at the mouth of the river Au Foin, on the Grand Eiver, 

6824 and extending down the said river. 

6825 To Jean B. Le Olerc, son of Moi-qua, one-half of a section 

6826 of land, above and adjoining the tract granted to Pierre Le 

6827 Olerc. 

6828 To Joseph La Framboise, son of Shaw-we-no qua, one sec- 

6829 tion of land upon the south side of the river St. Joseph, and ad- 

6830 joining on the upper side the land ceded to the United States, 

6831 which said section is also ceded to tbe United States. 

6832 The tracts of land herein stipulated to be granted shall 

6833 never be leased or conveyed by the grantees or their heirs to 

6834 any persons whatever, without the permission of the President 

6835 of the United States. And such tracts shall be located after the 

6836 said cession is surveyed, and in conformity with such surveys as 

6837 near as may be, and in such manner as the President may 

6838 direct. 

6839 Article 4. In consideration of the cession aforesaid, the 

6840 United States engage to pay to the Ottawa nation one thousand 

6841 dollars in specie annually forever, and also to appropriate 

6842 annually, for the term of ten years, the sum of fifteen hundred 

6843 dollars, to be expended as the President may direct, in the sup- 

6844 port of a blacksmith, of a teacher, and of a person to instruct 

6845 tbe Ottawas in agriculture and in the purchase of cattle and 

6846 farming-utensils. And the United States also engage to pay to 



155 

6847 the Potawatamie Nation five tlioiisand dollars in specie, annually, 

6848 for the term of twenty years, and also to appropriate annually, 

6849 for the term of fifteen years, the sum of one thousand dollars, to 

6850 be expended as the President may direct, in the support of a 

6851 blacksmith and a teacher. And one mile square shall be 

6852 selected, under the direction of the President, on the north side 

6853 of the Grand Eiver, and one mile square on the south side of the 

6854 St. Joseph, and within the Indian lands not ceded, upon which 

6855 the blacksmiths and teachers employed for the said tribes, re- 

6856 spectively, shall reside. 

6857 Article 5. The stipulation contained ia the treaty of Green- 

6858 ville, relative to the right of the Indians to hunt upon the land 

6859 ceded while it continues the property of the United States, shall 

6860 apply to this treaty. 

6861 AETif;LB 6. The United States shall have the privilege of 
68C2 making and using a road through the Indian country, from De 

6863 troit and Fort Wayne, respectively, to Chicago. 

6864 Article 7. This treaty shall take effect and be obligatory 

6865 on the contracting parties so soon as the same shall be ratified 

6866 by the President of the United States, by and with the advice 

6867 and consent of the Senate thereof. 

6868 Proclaimed March 25, 1832. 

G869 Treaty with the Sioux and Chippewas, Sacs and Fox, Menominie 

6870 loway, Sioux, Winnebago, and a portion of the Ottawa, Chip- 

6871 peiva, and Potawattomie tribes. 

6872 The United States of America have seen with much regrtt 

6873 that wai's have for many years been carried on between the 

6874 Sioux and the Chippewas, and more recently between the con- 

6875 federated tribes of Sacs and Foxes and the Sioux ; and also 

6876 between the loways and Sioux; which, if not terminated, may 
6877- extend to the other tribes, and involve the Indians upon the 

6878 Missouri, the Mississippi, and the Lakes, in general hostilities. 

6879 In order, therefore, to promote peace among these tribes, and to 
G880 establish boundaries among them and the other tribes who live 
6881 in their vicinity, and thereby to remove all causes of future dif- 
68B2 ficulty, the United States have invited the Chippewa, Sac, and 

6883 Fox, Menominie, loway, Sioux, Winnebago, and a portion of the 

6884 Ottowa, Chipi)ewa, [and Potawatomie tribes of Indians living 

6885 upon the Illinois, to assemble together, and in a spirit of mutual 

6886 conciliation to accomplish these objects; and to aid therein, have 

6887 appointed William Clark and Lewis Cass, commissioners on their 

6888 part, who have met the chiefs, warriors, and representatives of 

6889 the said tribes, and portion of tribes, at Prairie des Chiens, in the 

6890 Territory of Michican, and after full deliberation, the said tribes. 



156 

G891 and portion of tribes, have agreed with the United States, and 

G892 with one another, upon the following articles : 

G893 Aeticle 1. There shall be a firm and perpetual peace 

G894 between the Sioux and Chippewas ; between the Sioux and the 

0895 confederated tribes of Sacs and Foxes ; and between the loways 

6896 and the Sioux. 

6897 Aeticle 2. It is agreed between the confederated tribes of 
C898 the Sacs and Foxes, and the Sioux, that the line between their 
6899 respective countries shall be as follows: Commencing at the 
G900 mouth of the Upper loway Eiver, on the west bank of the Mis- 

6901 sissippi, and ascending the said loway Eiver, to its left fork; 

6902 thence up that fork to its source ; thence crossing the fork of 

6903 Eed Cedar Eiver, in a direct line to the second or upper fork of 

6904 the Desmoines Eiver ; and thence in a direct line to the lower 

6905 fork of the Calumet Eiver ; and down that river to its juncture 

6906 with the Missouri Eiver. But the Yancton band of the Sioux 
0907 tribe, being principally interested in the establishment of the 
G908 line from the forks of the Desmoines to the Missouri, and not 

6909 being sufficiently represented to render the definitive establish- 

6910 ment of that line proper, it is expressly declared that the line 

6911 from the forks of the Desmoines to the forks of the Calumet 

6912 Eiver, and down that river to the Missouri, is not to be con- 

6913 sidered as settled until the assent of the Tancton band shall be 
•6914 given thereto. And if the said band should refuse their assent, 

0915 the arrangement of that portion of the boundary-line shall be 

6916 void, and the rights of the parties to the country bounded 

6917 thereby shall be the same as if no provision had been made for 

6918 the extension of the line west of the forks of the Desmoines. 

6919 And the Sacs and Foxes relinquish to the tribes interested 

0920 therein all their claim to land on the east side of the Mississippi 

0921 Eiver. 

6922 Aeticle 3. The loways accede to the arrangement between 

6923 the Sacs and Foxes and the Sioux ; but it is agreed between the 

6924 loways and the confederated tribes of the Sacs and Foxes that 
0925 the loways have a just claim to a portion of the country between 

6926 the boundary-line described in the next preceding article and 

6927 the Missouri and Mississippi ; and that the said loways and 

6928 Sacs and Foxes shall peaceably occupy the same until some 

6929 satisfactory arrangement can be made between them for a division 

6930 of their respective claims to country. 

6931 Ae'I'ICLe 4. The Ottoes not being represented at this coun- 

6932 oil, and the commissioners for the United States being anxious 

6933 that justice should be done to all parties, and having reason to 
0934 believe that the Ottoes have a just claim to a portion of. the 

6935 country upon the Missouri, east and south of the boundary-line 

6936 dividing the Sacs and Foxes and the loways from the Sioux, it 



157 

6937 is agreed between the parties interested therein, and the United 

6938 States, that the claim of the Ottoes shall not be affected by any- 

6939 thing herein contained ; but the same shall remain as valid as if 

6940 this treaty had not been formed. 

6941 Article 5. It is agreed between the Sioux and the Chip- 

6942 pewas that the line dividing their respective countries shall 

6943 commence at the Chippewa River, half a day's march below the 

6944 falls; and from thence it shall run to Eed Cedar Eiver, immedi- 

6945 ately below the falls; from thence to the St. Croix Eiver, 

6946 which it strikes <it a place called the Standing Cedar, about a 

6947 day's paddle in a canoe above the lake at the mouth of that 

6948 river ; thence passing between two lakes called by the Chippewas 

6949 " Green Lakes," and by the Sioux " the Lakes they bury the 

6950 Eagles in," and from thence to the Standing Cedar that "the 

6951 Sioux Split ;" thence to Eum Eiver, crossing it at the mouth of a 
0952 small creek called Choaking Creek, a long day's march from the 

6953 Mississippi ; thence to a poiut of woods that projects into the 

6954 prairie half a day's march from the Mississippi ; thence in a 
0955 straight line to the mouth of the first river which enters the 
6956 Mississippi on its west side above the mouth of Sac Eiver; 
0957 thence ascending the said river (above the mouth of Sac Eiver) 
6958 to a small lake at its source ; thence in a direct line to a lake at 
0959 the head of Prairie Eiver, which is supposed to enter the Crow 

6960 Wingliiver on its south side; thence to Otter-Tail Lake Portage; 

6961 thence to said Otter-Tail Lake, and down through the middle 

6962 thereof to its outlet; thence in a direct line, so as to strike 
0903 Buffalo Eiver half way from its source to its mouth, and down 
6964 the said river to Eed Eiver ; thence descending Eed Eiver to 

0965 the mouth of Outard or Goose Creek. The eastern boundary of 

0966 the Sioux commences opposite the mouth of loway Eiver, on the 

6967 Mississippi, runs back two or three miles to the bluffs, follows 

6968 the bluffs, crossing Bad Axe Eiver to the mouth of Black Elver, 

6969 and from Black Eiver to half a day's march below the falls of 

6970 the Chippewa Eiver. 

0971 Article 0. It is agreed between the Chippewas and Win- 

6972 nebagoes, so far as they are mutually interested therein, that the 

0973 southern boundary-line of the Chippewa country shall commence 

0974 on the Chippewa Eiver aforesaid, half a day's march below the 

0975 falls of that river, and run thence to the source of Clear Water 
0970 Eiver, a branch of the Chippewa ; thence south to Black Eiver; 

0977 thence to a point where the woods project into the me'dows, 

0978 and thence to the Plover Portage of the Ouisconsiu. 

6979 Article 7. It is agreed between the Winnebagoes and the 

0980 Sioux, Sacs and Poxes, Chippewas and Ottawas, Chippewas and 

0981 Potawatomies of the Illinois, that the Winnebago country shall 
6982 be bounded as follows : Southeasterly by Eock Eiver, from its 



158 

6983 source near the Winnebago Lake, to the Winnebago village, 

6984 about forty miles above its mouth; westerly by the east line 

6985 of the tract, lying upon the Mississippi, herein secured to the 

6986 Ottawa, Chippewa, and Potawatomie Indians of the Illinois; 

6987 and also by the high bluff described in the Sioux boundary, and 

6988 running north to Black Eiver ; from this point the Winnebagoes 

6989 claim up Black Eiver to a point due west from the source of the 

6990 left fork of the Ouisconsin ; thence to the source of the said fork, 

6991 and down the same to the Ouisconsin; thence down the Ouis- 
6992. cousin to the portage, and across the portage to Fox Eiver; 

6993 thence down Fox Eiver to the Winnebago Lake, and to the 

6994 grand Kan Kanlin, including in their claim the whole of 

6995 Winnebago Lake; but, for the causes stated in the next article, 

6996 this line from Black Eiver must, for the present, be left inde- 

6997 terminate. 

6998 Article 8. The representatives of the Menominies not be- 

6999 ing sufficiently acquainted with their proper boundaries to settle 

7000 the same deiinitively, and some uncertainty existing in conse- 

7001 quence of the cession made by that tribe upon Fox Eiver and 

7002 Green Bay to the New York Indians, it is agreed between 

7003 the said Mieuominie tribe and the Sioux, Chippewas, Winneba- 

7004 goes, Ottawa, Chippewa, and Potawatomie Indians of the Illi- 

7005 nois that the claim of the Menominies to any portion of the land 

7006 within the boundaries allotted to either of the said tribes shall 

7007 not be barred by any stipulation herein ; but the same shall re- 

7008 main as valid as if this treaty had not been concluded. It is, 

7009 however, understood that the general claim of the Menominies 

7010 is bounded on the north by the Chippewa country, on the east 

7011 by Green Bay and Lake Michigan, extending as far south as 

7012 Millawaukee Eiver, and on the west they claim to Black Eiver. 

7013 AUTICLE 9. The country secured to the Ottawa, Chippewa, 

7014 and Potawatomie tribes of the Illinois is bounded as follows : 

7015 Beginning at the Winnebago village, on Eock Eiver, forty miles 

7016 from its mouth, and running thence down the Eock Eiver to a 

7017 line which runs from Lake Michigan to the Mississippi, and with 

7018 that line to the Mississippi, opposite to Eock Island ; thence up 

7019 that river to the United States reservation, at the mouth of the 

7020 Ouisconsin; thence with the south and east lines of the said 

7021 reservation to the Ouisconsin; thence southerly, passing the 

7022 heads of the small streams emptying into the Mississippi, to the 

7023 Eock Eiver at the Winnebago village. The Illinois Indians 

7024 have also a just claim to a portion of the country bounded south 

7025 by the Indian boundary 'line aforesaid, running from the southern 

7026 extreme of Lake Michigan east by Lake Michigan, north by the 

7027 Menominie country, and northwest by Eock Eiver. This claim 

7028 is recognized in the treaty concluded with the said Illinois tribes 



159 

7029 at St. Louis, August 24, 1816, but as the Millewakee and Ma- 

7030 netoowalk bands are not represented at this council, it cannot be 

7031 now definitively adjusted, 

7032 Article 10. All the tribes aforesaid acknowledge the gen- 

7033 eral controlling power of the United States, and disclaim all de- 

7034 pendence upon, and connection with, any other power. And the 

7035 United States agree to, and recognize, the preceding bounda- 

7036 ries, subject to the limitations and restrictions before provided. 

7037 It being, however, well understood that the reservations at 

7038 Fever Eiver, at the Ouisconsin, and St. Peters, and the ancient 

7039 settlements at Prairie des Chiens and Green Bay, and the land 

7040 property thereto belonging, and the reservations made upon the 

7041 Mississippi, for the use of the half-breeds, in the treaty concluded 

7042 with the Sacs and Foxes August 24, 1824, are not claimed by 

7043 either of the said tribes. 

7044 Article 11. The United States agree, whenever the Presi- 

7045 dent may think it necessary and proper, to convene such of the 

7046 tribes, either separately or together, as are interested in the lines 

7047 left unsettled herein, and to recommend to them an amicable and 

7048 final adjustment of their respective claims, so that the work, now 

7049 happily' begun, may be consummated. It is agreed, however, 

7050 that a council shall be held with the Yancton band of the Sioux, 

7051 during the year 1826, to explain to them the stipulations of this 

7052 treaty, and to procure their assent thereto, should they be dis- 

7053 posed to give it, and also with the Ottoes, to settle and adjust 

7054 their title to any of the country claimed by the Sacs, Foxes, and 

7055 loways. 

7056 Article 12. The Chippewa tribe being dispersed over a 

7057 great extent of country, and the chiefs of that tribe having re- 

7058 quested that such portion of them as may be thought proper, 

7059 by the Government of the United States, may be assembled in 

7060 1826, upon some part of Lake Superior, that the objects and ad- 

7061 vantages of this treaty may be fully explained to them, so that 

7062 the stipulations thereof may be observed by the warriors, the 

7063 commissioners of the United States assent thereto, and it is 

7064 therefore agreed that a council shall accordiagly be held for 

7065 these purposes. 

7066 Article 13. It is understood by all the tribes, parties hereto, 

7067 that no tribe shall hunt within the acknowledged limits of any 

7068 other without their assent, but it beiug the sole object of this 

7069 arrangement to perpetuate a peace among them, and amicable 

7070 relations being now restored, the chiefs of all the tribes have ex- 

7071 pressed a determination cheerfully to allow a reciprocal right of 

7072 hunting on the lands of one another, permission beiug first asked 

7073 and obtained, as before provided for. 

7074 Article 14. Should any causes of difficulty hereafter uu- 

7075 happily arise between any of the tribes, parties hereunto, it is 



160 

7076 agreed that the other tribes shall Interpose their good offices to 

7077 remove such difficulties; and also that the Government of the 

7078 United States may take such measures as they may deem proper 

7079 to effect the same object. 

7080 Aeticle 15. This treaty shall be obligatory on the tribes, 

7081 parties hereto, from and after the date hereof, and on the United 

7082 States, from and after its ratification by the Government thereof. 

7083 Proclaimed February 6, 1826. 

7084 Articles of agreement with the Winnebago tribe and the united 

7085 tribes of Potawatamie, Chippewa, and Ottawa Indians. 

7086 The Government of the United States having appointed 

7087 commissioners to treat with the Sac, Fox, Winnebago, Potawat- 

7088 amie, Ottawa, and Chippewa tribes of Indians, for the pur- 

7089 pose of extinguishing their title to land within the State of Illi- 

7090 nois, and the Territory of Michigan, situated between the Illinois 

7091 Kiver and the lead-mines on Fever Eiver and in the vicinity of 

7092 said lead-mines, and for other purposes ; and it having been 

7093 found impracticable, in consequence of the lateness of the period 

7094 when the instructions were issued, the extent of the country oc- 

7095 cupied by the Indians, and their dispersed situation, to convene 

7096 them in sufficient numbers to justify a cession of land on their 

7097 part; and the chiefs of the Winnebago tribe, and of the united 

7098 tribes of the Potawatamies, Chippewas, and Ottawas, assembled 

7099 at Green Bay, having declined at this time to makfe the desired 

7100 cession, the following temporary arrangement, subject to the 

7101 ratification of the President and E^enate of the United States, 

7102 has this day been made between Lewis Cass and Pierre Meen 

7103 ard, commissioners of the United States, and the said Winne- 

7104 bago tribe, and the united tribes of Potawatamie, Chippewa, 

7105 and Ottawa Indians, in order to remove the difficulties which 

7106 have arisen in consequence of the occupation, by white persons, 

7107 of that part of the mining country which has not been heretofore 

7108 ceded to the United States : 

7109 Article 1. It is agreed that the following shall be the 

7110 provisional boundary between the lands of the United States 

7111 and those of the said Indians : The Ouisconsin Eiver, from its 

7112 mouth to its nearest approach to the Blue Mounds; thence 

7113 southerly, passing east of the said mounds, to the head of that 

7114 branch of the Pocatolaka Creek, which runs near the Spotted 

7115 Arm's village ; thence with the said branch to the main forks of 

7116 Pocatolaka Creek ; thence southeasterly to the ridge dividing 

7117 the Winebago country from that of the Potawatamie, Chippe- 

7118 wa, and Ottawa tribes ; thence southerly with the said ridge, to 

7119 the line running from Chicago to the Mississippi, near Eock 



161 

7120 Island. And it is fully understood that the United States may 

7121 freely occupy the country between these boundaries and the 

7122 Mississippi River, until a treaty shall be held with the Indians 

7123 for its cession ; which treaty, it is presumed, will be held in the 

7124 year 1829. But it is expressly understood and agreed that if 

7125 any white persons shall cross the line herein described, and pass 

7126 into the Indian country, for the purpose of mining, or for any 

7127 other purpose whatever, the Indians shall not interfere with nor 

7128 molest such persons, but that the proper measures for their re- 

7129 moval shall be referred to the President of the United States. 

7130 In the mean time, however, it is agreed that any just compensa- 

7131 tion to which the Indians may be entitled for any injuries com- 

7132 mitted by white persons on the Indian side of the said line 

7133 shall be paid to the said Indians at the time such treaty maybe 

7134 held. It is also agreed by the Indians that a ferry may be 

7135 established over the Eock Eiver, where the Fort Clark road 

7136 crosses the same ; and, also, a ferry over the same river at the 

7137 crossing of the Lewiston road. 

7138 Article 2. The United States agree to pay to the Winne- 

7139 bago, Potawatamie, Chippewa, and Ottawa Indians, the sum of 

7140 twenty thousand dollars, in goods, at the time and place when 

7141 and where the said treaty may be- held ; which said sum shall be 

7142 equitably divided between the said tribes, and shall be in full 

7143 compensation for all the injuries and damages sustained by them, 

7144 in consequence of the occupation of any part of the mining 

7145 country by white persons, from the commencement of such oc- 

7146 cupation until the said treaty shall be held. Excepting, how- 

7147 ever, such compensation as the Indians may be entitled to, for 

7148 any injuries hereafter committed on their side of the line hereby 

7149 established. 

7150 Proclaimed January 7, 1829. 

7151 Articles of a treaty made and concluded at Prairie du Chien, in 

7152 the Territory of Michigan, between the United States of America^ 

7153 by their commissioners, General John McNeil, Colonel Pierre 

7154 Menard, and Caleb Atwater, esq., and the united nations of 

7155 Chippewa, Ottawa, and Potawatamie Indians, of the waters 

7156 of the Illinois, Milwaulice, and Manitoouclc Rivers. 

7157 Akticle 1. The aforesaid nations of Chippewa, Ottawa, 

7158 and Potawatamie Indians do hereby cede to the United States 

7159 aforesaid all the lands comprehended within the following limits, 

7160 to wit : Beginning at the Winnebago Village, on Eock Eiver, 

7161 forty miles from its mouth, and running thence down the Eock 

7162 Eiver to a line which runs due west from the most southern 

7163 bend of Lake Michigan to the Mississippi Eiver, and with 

21 I T 



162 

7164 that liae to the Mississippi Elver, opposite to Eock Island; 

7165 thence up that river to the United States reservation at 

7166 the mouth of the Ouisconsin ; thence with the south and 

7167 east lines of said reservation to the Ouisconsin Eiver ; thence 

7168 southerly, passing the heads of the small streams emptying into 

7169 the Mississippi, to the Eock Eiver aforesaid, at the Winnebago 

7170 Village, the place of beginning. And, also, one other tract of 

7171 land, described as follows, to wit : Beginning on the western 

7172 shore of Lake Michigan, at the northeast corner of the field of 

7173 Antoine Ouitmette, who lives near Gross Pointe, about twelve 

7174 miles north of Chicago ; thence running due west to the Eock 

7175 Eiver aforesaid; thence down the said river to where a line 

7176 drawn due west from the most southern bend of Lake Michigan 

7177 crosses said river ; thence east, along said line, to the Fox Eiver 

7178 of the Illinois ; thence along the northwestern boundary-line of 

7179 the cession of 1816 to Lake Michigan ; thence northwardly, along 

7180 the western shore of said lake, to the place of beginning. 

7181 Article 2. In consideration of the aforesaid cessions of 

7182 land the United States aforesaid agree to pay to the aforesaid 

7183 nations of Indians the sum of sixteen thousand dollars, annually, 

7184 forever, in specie ; said sum to be paid at Chicago. And the 

7185 said United States further agree to cause to be delivered to said 

7186 nations of Indians, in the month of October next, twelve thou- 

7187 sand dollars' worth of goods as a present. And it is further 

7188 agreed to deliver to said Indians at Chicago fifty barrels of salt, 

7189 annually, forever ; and further, the United States agree to make 

7190 permanent, for the use of the said Indians, the blacksmith's es- 

7191 tablishment at Chicago. 

7192 Article 3. From the cessions aforesaid, there shall be 

7193 reserved, for the use of the undernamed chiefs and their bands, 

7194 the following tracts of land, viz: 

7195 For Wau-pon-eh-see, five sections of land at the Grand 

7196 Bois, on Fox Eiver of the Illinois, .where Shaytee's village now 

7197 stands. 

7198 For Shab-eh-nay, two sections at his village near the Paw- 

7199 paw Grove. For Awn-lcote, four sections at the village of Saw- 

7200 meh-naug, on the Fox Eiver of the Illinois. 

7201 Article 4. There shall be granted by the United States, to 

7202 each of the following persons, (being descendants from Indians,) 

7203 the following tracts of land, viz : To Claude Laframboise,.one 

7204 section of land on the Eiviere aux Pleins, adjoining the 

7205 line of the purchase of 181G. To Fran9ois Bourbonn^, jr., 

7206 one section at the Missionary establishment, on the Fox Eiver 

7207 of the Illinois. To Alexander Eobinson, for himself and 

7208 children, two sections on the Eiviere aux Pleins, above and 

7209 adjoining the tract herein granted to Claude Laframboise. 



163 

7210 To Pierre Leclerc, one section at tlie village of the As-sim-iu- 

7211 eliKon, or Paw-paw Grove. To Waishkee-Shaw, a Potawat- 

7212 amie woman, wife of David Laughton, and to her child, one 

7213 and a half sections at the old village of Nay-ou-Say, at or 

7214 near the source of the Eiviere aux Sables of the Illinois. To 

7215 Billy Caldwell, two and a half sections on the Chicago Eiver, 

7216 above and adjoining the line of the iiurchase of 1816. To 

7217 Victoire Pothier, one half section on the Chicago Eiver, above 

7218 and adjoining the tract of land herein granted to Billy Cald- 

7219 well. To Jane Miranda, one quarter section on the Chicago 

7220 Eiver, above and adjoining the tract herein granted to Victoire 

7221 Pothier. To Madeline, a Potawatamie woman, wife of Joseph 

7222 Ogee, one section west of and adjoining the tract herein granted 

7223 to Pierre Leclerc, at the Paw-paw Grove. To Archange Ouil- 

7224 mette, a Potawatamie woman, wife of Antoine Ouilmette, two 

7225 sections, for herself and her children, on Lake Michigan, south 

7226 of and adjoining the northern boundary of the cession herein 

7227 made by the Indians aforesaid to the United States. To Antoine 

7228 and Francois Leclerd, one section each, lying on the Mississippi 

7229 Eiver, north of and adjoining the line drawn due west from the 

7230 most southern bend of Lake Michigan, where said line strikes 

7231 the Mississippi Eiver. To IV^o-ah-way, one quarter section on 

7232 the north side of and adjoining the tract herein granted to 

7233 Waish-Kee-Shaw. The tracts of land herein stipulated to be 

7234 granted shall never be leased or conveyed by the grantees, or 

7235 their heirs, to any persons whatever, without the permission of 

7236 the President of the United States. 

7237 Article 5. TheUnitedStates, at the request of the Indians 

7238 aforesaid, further agree to pay to the persons named in the sched- 

7239 ule annexed to this treaty the sum of eleven thousand six hun- 

7240 dred and one dollars ; which sum is in full satisfaction of the 

7241 claims brought by said persons against said Indians, and by 

7242 them acknowledged to be justly due.(a) 

7243 Article 6. And it is further agreed that the United 

7244 States shall, at their own expense, cause to be surveyed the 

7245 northern boundary-line of the cession herein made, from Lake 

7246 Michigan to the Eock Eiver, as soon as practicable after the 

7247 ratification of this treaty, and shall also cause good and suffi- 

7248 cient marks and mounds to be established on said line. 

7249 Article 7. The right to hunt on the lauds herein ceded, 

7250 so long as the same shall remain the property of the United 

7251 States, is hereby secured to the nations who are parties to this 

7252 treaty. 

7253 Article 8. This treaty shall take effect and be obligatory 

7254 on the contracting parties as soon as the same shall be ratified 



164 

7255 by the Presideut of the United States, by and with the advice 

7256 and consent of the Senate thereof! 

7257 Proclaimed January 2, 1830. 

7258 Schedule of claims and debts to he paid by the United States for 

7259 the Chippewa, Ottawa, and Pottau-atamie Indians, under the 

7260 fifth article of the treaty of the 29 th July, 1829, with said tribes. 

7261 To Francis Laframboise, for a canoe-load of merchan- 

7262 dise taken by the Chippewa and Ottowata Indians 

7263 of Ohab-way-way-gun and the neighboring vil- 

7264 lages, while frozen up in the lake in the winter of 

7265 the year 1799, two thousand dollars $2, 000 00 

7266 To Antoine Ouilmett, for depredations committed on 

7267 him by the Indians at the time of the massacre 

7268 of Chicago and during the war, eight hundred 

7269 dollars 800 00 

7270 To the heirs of the late John Kinzie, of Chicago, for 

7271 depredations committed on him at the time of 

7272 the massacre of Chicago and at St. Joseph's, dur- 

7273 ing the winter of 1812, three thousand five hun- 

7274 dreddollars 3,500 00 

7275 To Margaret Helm, for Fosses sustained at the time 

7276 of the capture of Port Dearborn, in 1812, by the 

7277 Indians, eight hundred dollars 800 00 

7278 To the American Pur Company, for debts owed to 

7279 them by the united tribes of Chippewas, Otto- 

7280 was, and Pottawatamies, three thousand dollars 3, 000 00 

7281 To Bernardus Laughton, for debts owed to him by 

7282 same tribes, ten hundred and sixteen dollars 3 , 016 00 

7283 To James Kinzie, for debts owed to him by same, four 

7284 hundred and eighty-five dollars 485 00 

7285 

7286 $11, 601 00 

7287 Articles of a treaty made at Chicago, in the State of Illinois, on 

7288 the twenty-sixth day of September, in tJie year of our Lord one 

7289 thousand eight hundred and thirty-three, betiveen George B. 

7290 Porter, Thomas J. V. Oicen, and William Weatherford, com- 

7291 missioners on the part of the United States, of the one part, 

7292 and the United Nation of CMppeica, Ottawa, and Potawata- 

7293 mie Indians, of the other part, being fully represented by the 

7294 chiefs and head-men whose names are hereunto subscribed; 

7295 which treaty is in the following words, to wit : 

7296 Article 1. The said united nation of Chippewa, Ottowa, 

7297 and Potawatamie Indians, cede to the United States all their 

7298 land along the western shore of Lake Michigan, and between 



165 

7299 this lake and the land ceded to the United States by the Wiii- 

7300 nebago l^Tation, at the treaty of Port Armstrong made on the 

7301 15th September, 1832, bounded on the north by the country 

7302 lately ceded by the Menominees, and on the south by the coun- 

7303 try ceded at the treaty of Prairie du Ohien made on the 29th 

7304 July, 1829, supposed to contain about iive millions of acres. 

7305 Article 2. In part consideration of the above cession it is 

7306 hereby agreed that the United States shall grant to the said 

7307 united nation of Indians, to be held as other Indian lands are 

7308 held which have lately been assigned to emigrating Indians, a 

7309 tract of country west of the Mississippi Eiver, to be assigned to 

7310 them by the President of the United States, to be not less in 

7311 quantity than five millions of acres, and to be located as follows : 

7312 Beginning at the mouth of Boyer's Eiver on the east side of the 

7313 Missouri Eiver, thence down the said river to the mouth of 

7314 jSTaudoway Eiver, thence due east to the west line of the State 

7315 of Missouri, thence along the said State line to the northwest 

7316 corner of the State, thence east along the said State line to the 

7317 point where it is intersected by the western boundary-line of the 

7318 Sacs and Foxes, thence north along the said line of the Sacs 

7319 and Foxes, so far as that when a straight line shall be run 

7320 therefrom to the mouth of Boyer's Eiver (the place of beginning) 

7321 it shall include five millions of acres. And as it is the wish of 

7322 the Government of the United States that the said nation of 

7323 Indians should remove to the country thus assigned to them as 

7324 soon as conveniently can be done, and it is deemed advisable 

7325 on the part of their chiefs and head-men that a deputation 

7326 should visit the said country west of the Mississippi and thus 

7327 be assured that full justice has been done, it is hereby stipu- 

7328 lated that the United States will defray the expenses of such 

7329 deputation, to consist of not more than fifty persons, to be ac- 

7330 companied by not more than five individuals to be nominated 

7331 by themselves, and the whole to be under the general direction 

7332 of such oflcer of the United States Government as has been or 

7333 shall be designated for the purpose. And it is further agreed 

7334 that as fast as the said Indians shall be prepared to emigrate, 

7335 they shall be removed at the expense of the United States, and 
7330 shall receive subsistence while upon the journey, and for one 

7337 year after their arrival at their new homes. It being under- 

7338 stood that the said Indians are to remove from all that part of 

7339 the land now ceded, which is within the State of Illinois, imme- 

7340 diately on the ratification of this treaty, but to be permitted to 

7341 retain possession of the country north of the boundary-line of 

7342 the said State, for the term of three years, without molestation 

7343 or interruption, and under the protection of the laws of the 

7344 United States. 



166 

7345 Ab'I'icle 3. Aud in further cousideratiou of the above ces- 

7346 siou, it is agreed that there shall be paid by the United States 

7347 the sums of money hereinafter mentioned, to wit : 

7348 One hundred thousand dollars to satisfy sundry individuals, 

7349 in behalf of whom reservations were asked, which the commis- 

7350 sioners refused to grant ; and also to indemnify the Chippewa 

7351 tribe who are parties to this treaty for certain lands along the 

7352 shore of Lake Michigan, to which they make claim, which have 

7353 been ceded to the United States by the Menominee Indians ; 

7354 the manner in which the same is to be paid is set forth in sched- 

7355 ule "A" hereunto annexed. • 

7356 One hundred and tifty thousand dollars to satisfy the claims 

7357 made against the said united nation, which they have here ad. 

7358 mitted to be justly. due, and directed to be paid, according to 

7359 schedule "B" hereunto annexed. 

7360 One hundred thousand dollars to be paid in goods aud pro- 

7361 visions, a part to be delivered on the signing of this treaty and 

7362 the residue during the ensuing year. 

7363 Two hundred and eighty thousand dollars to be paid in 

7364 annuities of fourteen thousand dollars a year, for twenty years. 

7365 One hundred and fifty thousand dollars to be applied to the 

7366 erection of mills, farm-houses, Indian houses, and blacksmith 

7367 shops, to agricultural improvements, to the purchase of agricul- 

7368 tural implements and stock, and for the support of such physi- 

7369 cians, millers, farmers, blacksmiths, and other mechanics, as the 

7370 President of the United States shall think proper to appoint. 

7371 Seventy thousand dollars for purposes of education and the 

7372 encouragement of the domestic arts, to be applied in such man- 

7373 ner as the President of the United States may direct. [The 

7374 wish of the Indians being expressed to the commissioners as fol- 

7375 lows : The united nation of Chippewa, Ottowa, and Potawatamie 

7376 Indians being desirous to create a perpetual fund for the pur- 

7377 poses of education and the encouragement of the domestic arts, 

7378 wish to invest the sum of seventy thousand dollars in some safe 

7379 stock, the interest of which only is to be applied as may be 

7380 necessary for the above purposes. They therefore request the 

7381 President of the United States to make such investment for the 

7382 nation as he may think best. If, however, at any time hereafter, 

7383 the said nation shall have made such advancement in civiliza- 

7384 tion, and have become so enlightened as in the opinion of the 

7385 President and Senate of the United States they shall be capable 

7386 of managing so large a fund with safety, they may withdraw the 

7387 whole or any part of it.] 

7388 Four hundred dollars a year to be paid to Billy Caldwell, 

7389 and three hundred dollars a year to be paid to Alexander Eob- 

7390 inson, for life, in addition to the annuities already granted them ; 



167 

7391 two hundred dollars a year to be paid to Joseph Lafromboise, 

7392 and two hundred dollars a year to be paid to Shabehany, for 

7393 life. 

7394 Two thousand dollars to be paid to Wau-pon-eh-see and his 

7395 band, and fifteen hundred dollars to Awn-kote and his band, as 

7396 the consideration for nine sections of land, granted to them by 

7397 the 3d article of the treaty of Prairie du Chien, of the 29th of 

7398 July, 1829, which ai'e hereby assigned and surrendered to the 

7399 United States. 

7400 Article 4. A j ust proportion of the annuity money, secured 

7401 as well by former treaties as the present, shall be paid west of 

7402 the Mississippi to such portion of the nation as shall have re- 

7403 moved thither during the ensuing three years. After which 

7404 time, the whole amount of the annuities shall be paid at their 

7405 location west of the Mississippi. 

7406 Article 5. Stricken out. 

7407 This treaty, after the same shall have been ratified by the 

7408 President and Senate of the United States, shall be binding on 

7409 the contracting parties. 

7410 Schedule "A." — (Eeferred to in the treaty, containing the 

7411 sums payable to individuals in lieu of reservations.) 

7412 Jesse Walker $1, 500 00 

7413 Henry Cleveland 800 00 

7414 EachelHall 600 00 

7415 Sylvia Hall.., 600 00 

7416 Joseph Laframboise and children 1, 000 00 

7417 Victoire Porthier and her children 700 00 

7418 Jean Bt. Miranda, ^ <^ 300 00 

7419 Jane Miranda, i For each of whom John j 200 00 

7420 Eosetta Miranda, [ H. Kinzie is trustee 1 300 00 

7421 Thomas Miranda, J [ 400 00 

7422 Alexander MuUer, Gholson Kercheval, trustee 800 00 

7423 Paschal MuUer, do. do 800 00 

7424 Margaret Muller 200 00 

7425 Socra Muller 200 00 

7426 Angelique Chevalier 200 00 

7427 Josette Chevallier ' 200 00 

7428 Joseph Chevalier 400 00 

7429 Fanny Leclare, (Captain David Hunter, trustee) 400 00 

7430 Daniel Bourassa's children 600 00 

7431 Nancy Contraman, T _ , -. , t t> } 

TA^o a 11 /-I J- i J^or each of whom J. B. „.. „_ 

7432 Sally Contraman, J ,, , „ . , , V 600 00 

r?Aoo r, J. nt ^ Campbell IS trustee, f 

7433 Betsey Contraman, (^ ^ ^ 

7434 Alexis Laframboise 800 oO 

7435 Alexis Laframbois' children 1, 200 00 

7436 Mrs. Mann's children 600 00 



168 

7437 Mrs. Mann (daughter of Antoine Ouilmet) $400 00 

7438 Geo. Turkey's children, (Fourtier,) Th. J. V. Owen, 

7439 trustee 500 00 

7440 Jacques Chapeau's children do. do 600 00 

7441 Antonie Eoscum's children 750 00 

7442 Francois Burbonnais', sen'r's, children . . . . , 400 00 

7443 Francis Burbonnais', j'n'r, children 300 00 

7444 JohnBt.Cloutier'schildren,(EobertA.Kinsietrustee). 600 00 

7445 Claude Lafromboise's children 300 00 

7446 Antoine Ouilmet's children 200 00 

7447 Josette Ouilmot (John H. Kinzie, trustee) 200 00 

7448 Mrs. Welsh (daughter of Antoine Ouilmet) . 200 00 

7449 Alexander Robinson's children 400 00 

7450 Billy Caldwell's children 600 00 

7451 Mo-ah--way 200 00 

7452 Medare B. Beaubien 300 00 

7453 . Charles H. Beaubien 300 00 

7454 John K. Clark's Indian children, (Eichard J. Hamil- 

7465 ton, trustee) 400 00 

7456 Josette Juno and her children 1, 000 00 

7457 Angelique Juno 300 00 

7458 Josette Beaubin's children 1, 000 00 

7459 Mah-go-que's child, (James Kinzie, trustee) 300 00 

7460 Esther, Eosene, and Eleanor Bailly • 500 00 

7461 Sophia, Hortense, and Theresa Bailly 1, 000 00 

7462 Eosa and Mary, children of Hoo-mo-nigah, -wife of 

7463 Stephen Mack 600 00 

7464 Jean Bt. Eabbu's children 400 00 

7465 Francis Chevallier's children 800 00 

7466 Mrs. Nancy Jamison and child 800 00 

7467 Co-pah, son of Archange 250 00 

7468 Martha Burnett, (E. A. Forsyth, trustee) 1, 000 00 

7469 Isadore Ohabert's child, (G-. S. Hubbard trustee) .... 400 00 

7470 Chee-bee-quai, or Mrs. Allen 500 00 

7471 Luther Eice and children 2, 500 00 

7472 John Jones.. 1,000 00 

7473 Pierre Corbonno's children 800 00 

7474 Pierre Chalipeaux's children 1, 000 00 

7475 Phcebe Treat and children 1,000 00 

7476 Eobert Forsyth, of St. Louis, Mo .- 500 00 

^^^^ Alexander Eobinson ^ ^^"'^ '^^^''^^ *« ^^O^^, and } . ^^^ ^^ 

7478 ^.„ ^ ,^ „ <^ the sum of $10,000 thus de- }. ' „ „„ 

7479 B^"y 0^^*i^«ll ■- [ductedpaidto[heIndia.ns. ] . ^«'««*^ '' 

7480 Joseph Latramboise 3,000 00 

7481 Nis noan see, (B. B. Kercheval, trustee) 200 00 

7482 Margaret Hall 1,000 00 



169 

7483 James, Willifim, David, and Sarali, children of 

7484 Margaret Hall $3, 200 00 

7485 Margaret Ellen Miller, Mout- ^ for each of whom ] 

7486 gomery Miller, and Fiuly j Eicbard J. Hamil- I 

7487 Miller, grandchildren of Uon, of Chicago, is f 800 00 

7488 Margaret Hall. ^trustee; "i 
748& Jean Letendre's children 

7490 Bernard Grignon , 

7491 Josette Polier 

7492 Joseph Vieux, Jacques Vieux, Louis Vieux, and i 

7493 Josette Vieux, each $100. j 

7494 Angelique Hardwick's children 

7495 Joseph Bourassa and Mark Bourassa 

7496 Jude Bourassa and Therese Bourassa 

7497 Stephen Bourassa and Gabriel Bourassa 

7498 Alexander Bourassa and James Bourassa 

7499 Elai Bourassa and Jerome Bourassa 

7500 M. D. Bourassa 

7501 Ann Eice and her son William M. Eice, and nephew, 

7502 John Leib 

7503 Agate Biddle and her children 

7504 Magdaline Laframboise and her sou 

7505 Therese Schandler 

7506 Joseph Dailly's son and daughter, Eobert and 

7507 Therese 

7508 Therese La we and George La we 

7509 David Lawe and Eachel Lawe 

7510 Eebecca Lawe and Maria Lawe 

7511 Polly Lawe and Jane Lawe 

7513 Appotone Lawe 

7513 Angelique Vieux and Amable Vieux 

7514 Andre Vieux and Nicholas Vieux 

7515 Pierre Vieux and Maria Vieux 

7516 Madaline Thibeault 

7517 Paul Vieux and Joseph Vieux 

7518 Susanne Vieux 

7519 Louis Grignon and his son Paul 

7520 Paul Grignon, sen'r, and Annable Griguon 

7521 Perish and Eobert Grignon - 

7522 Gatis Grignon and Elizabeth Grignon 

7523 Ursul Grignon and Charlotte Grignon 

7524 Louise Grignon and Eachel Grignon . . , 

7325 Agate Porlier and George Grignon 

7526 Amable Grignon and Emily Grignon 

7527 Therese Griguon and Simon Grignon 

7528 William Burnett (B. B. Kercheval, trustee) 

22 IT 



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100 00 


100 00 


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200 00 


200 


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100 


00 


1,000 


00 


900 


00 


400 


00 


200 


00 


500 00 


200 00 


200 


00 


200 


00 


200 00 


100 00 


200 


00 


200 


00 


200 


00 


100 


00 


200 


00 


100 00 


200 


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200 


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200 00 


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200 


00 


1,000 


00 



170 

7529 Shan-na-nees $400 00 

7530 Josette Beaubien 500 00 

7531 For tbe Chippewa, Ottawa, and Potawatomie stu- \ 

7532 deuts at the Choctaw Academy, the Hon. E. > 5, 000 00 

7533 M. Johnson to be the trustee. ' 

7534 James and Eichard J. Connor 700 00 

7535 Pierre Duverney and children 300 00 

7536 Joshua Boyd's children, (Geo. Boyd, esq., to be the 

7537 trustee) 500 00 

7538 Joseph Bailly 4,000 00 

7539 E.A.Forsyth 3,00000 

7540 Gabriel Godfroy 2,420 00 

7541 Thomas E. Covin 1,300 00 

7542 George Hunt 750 00 

7543 James Kinzie 5,000 00 

7544 Joseph Chaunier 550 00 

7545 John and Mark Noble 180 00 

7546 Alexis Provansalle 100 00 

7547 

7548 One hundred thousand dollars $100, 000 00 

7549 Schedule "B." — (Eeferred to in the treaty coutaiiiing the 

7550 sums payable to individuals, on claims admitted to be justly 

7551 due, and directed to be paid.) 

7552 Brewster Hogan & Co $343 00 

7553 John S. 0. Hogan 50 00 

7554 Frederick H. Contraman 200 00 

7555 Brookfleld & Bertrand 100 00 

7556 E. E. Heacock 100 00 

7557 George W. McClure, U. S. A 125 00 

7558 David McKee ' 180 00 

7559 Oliver Emmell 300 00 

7560 George Hollenbeck 100 00 

7561 Martha Gray.-, 78 00 

7562 Charles Taylor 187 00 

7563 Joseph Naper 71 00 

7564 John Mann 200 00 

7505 James Walker 200 00 

7560 John Blackstone 100 00 

7567 Harris & McCord 175 00 

7568 George W. Dole : 133 00 

7569 George Haverhill 60 00 

7570 William Whistler, U. S. A..,. w 1,000 00 

7571 Sqniio Thompson 100 00 

7572 0. C. Trowbridge 2,000 00 

7573 Louis Druillard 350 00 

7574 Abraham Francis 25 00 



171 

7575 D. E. Bearss & Co $250 00 

7676 Dr. E. Winslow 150 00 

7577 Mcholas Klinger 77 00 

7578 Joseph Porthier £00 00 

7579 Clark Hollenbeck 50 00 

7580 Henry Euslen 75 CO 

7581 Eobert A. Kinzie 1, 216 00 

7582 Joseph Ogie 200 00 

7583 Thomas Hartzell 400 00 

7584 Calvin Britain 40 00 

7585 Benjamin Fry 400 00 

7586 Pierre P. Navarre.... 100 00 

7587 0. H. Chapman 30 00 

7588 James Kinzie 300 00 

7389 G.S.Hubbard 125 00 

7590 Jacque Jenveaux 150 00 

7591 John B. Da Charme 55 00 

7592 John Wright, 15 00 

7593 James Galloway 200 00 

7594 William Marquis 150 00 

7595 Louis Chevalier, adm'r of J. B. Chevalier, dec'd. . 112 00 

7596 Solomon McCullough 100 00 

7597 Joseph Curtis , 50 00 

7598 Edward E. Hunter 90 00 

7599 EachelLegg 25 00 

7600 Peter Lamseet 100 00 

7601 Eobert Beresford ." 200 00 

7602 G.W.&W. Laird 150 00 

7603 M.B. Beaubien 440 00 

7604 Jeduthan Smith 60 00 

7605 Edmund Weed 100 00 

7606 Philip Maxwell, U. S. A " 35 00 

7607 Henry Gratiot 116 00 

7608 Tyler K. Blodgett 50 00 

7609 XehemiahKing 125 00 

7610 S.P.Brady 188 00 

7611 James Harrington 68 00 

7612 Samuel EUice 50 00 

7613 Peter Menard, Maumee 500 00 

7614 John W. Anderson 350 00 

7615 David Bailey 50 00 

7616 Wm. G. Knaggs 100 00 

7617 JohnHively 150 00 

7618 John B. Bertrand, sen'r 50 00 

7619 Eobert A. Forsyth 3,000 00 

7620 Maria Kercheval 3,000 00 



172 

7621 Alice Hunt $3,000 00 

7622 Jane 0. Forsyth 3,000 00 

7623 John H. Kiuzie 5, 000 00 

7624 Ellen M. Wolcott 5,000 00 

7625 MariaHunter. 5,00000 

7626 Kobert A. Kinzie 5, 000 00 

7627 Samuel Godfrey 120 00 

7628 John B. Sohwarz 4, 800 00 

7629 Joseph Loranger 5,000 00 

7630 H. B. and G. W. noffraau 358 00 

7631 Phelps & Wendell 660 00 

7632 Henry Johns 270 00 

7633 Benjamin C. Hoyt 20 00 

7634 John H. Kiuzie, in trust for the heirs of Jos. Mi- 

7635 randa, dec'd 250 00 

7636 Francis Bourbonnais, sen'r 500 00 

7637 Francis Burbonuais, jun'r 200 00 

7638 E. A. Forsyth, in trust for Catherine McKenzie. . . 1, 000 00 

7639 James Laird ' 50 00 

7640 Montgomery Evans 250 00 

7641 Joseph Bertrand,jr 300 00 

7642 George Hunt 900 00 

7643 Benjamin Sherman 150 00 

7644 W. and F. Brewster, assignees of Joseph Bertrand, 

7645 sen'r 700 00 

7646 John Forsyth, in trust for the heirs of Charles 

7647 Peltier, dec'd 900 00 

7648 William Hazard 30 00 

7649 James Shirley 125 00 

7650 Jacob Platter 25 00 

7651 JohnB. Bourie 2,500 00 

7652 B. B. Kercheval 1, 500 00 

7653 Charles Lucier 75 00 

7654 Mark Beaubien 500 00 

7655 Catharine Stewart 82 00 

7656 Francis Mouton 200 00 

7657 Dr. William Brown 40 00 

7658 E. A. Forsyth, in trust for heirs of Charles Guiou. 200 00 

7659 Joseph Betrand, sen'r 652 00 

7660 Moses Eice 800 00 

7661 James Connor 2,250 00 

7662 John B. Du Charme 250 00 

7663 Coquillard & Comparet 5,000 00 

7664 Eichard J. Hamilton 500 00 

7665 Adolphus Chapin 80 00 

7666 John Dixon 140 00 



173 

7667 Wm. Huff $81 00 

7668 Stephen Mack, in trust for the heirs of Stephen 

7669 Mack, deceased 

7670 Thomas Forsyth 

7671 Felix Fontaine 

7672 Jacque Mete 

7673 Francis Boucher 

7674: Margaret Helm 

7675 O. P. Lacy 

7676 Henry and Eichard J. Connor , 

7677 James W. Craig 

7678 E. A. Forsyth, (Manmee) 

7679 Antoine Peltier do 

7680 E. A. Forsyth, in trnst for Wauseon-oquet ....... 

7681 John E.Hunt 

7682 Payne C. Parker 

7683 Isaac Hull 

7684 Foreman Evans 

7685 Horatio N. Cnrtis 

7686 lea Eice 

7687 Thomas P. Quick .' 

7688 George B, Woodcox 



7689 John Woodcox 

7690 George B. Knaggs 

7691 Ebenezer Eead 

7692 George Pomeroy , 

7693 Thomas K. Green 

7694 William Mieure, in trust for Willis Fellows 

7695 Z. Cicott 

7696 John Johnson 

7697 Antoine Antilla 

7698 JohnBaldvvin 

7699 Isaac G. Bailey 

7700 James Cowen 

7701 Joseph D. Lane 

7702 T. E. Phelps 

7703 Edmund Eoberts 

7704 Augustus Bona 

7705 B. C. Winter «& Co 

7706 Charles W. Ewing 

7707 Antoine Ouilmett 800 00 

7708 John Bt. Chandonai, ($1,000 of this sum to be paid 

7709 to Eobert Stuart, agent of American Fur Com- 

7710 pany, by the particular request of ^ho. B. Chan- 

7711 donai) 2, 500 00 

7712 Lowriu Marsh - 3, 290 00 





500 00 


1 


,500 00 




200, 00 




200 00 




250 00 


2 


,000 00 


1 


, 000 00 


1 


, 500 00 




50 00 


1 


, 300 00 




200 00 




300 00 


1 


, 450 00 




70 00 


1 


, 000 00 




32 00 




300 00 




250 00 




35 00 




60 00 




40 00 


1, 


, 400 00 




100 00 




150 00 




70 00 




500 00 


1, 


,800 00 




100 00 




100 00 




500 00 




100 00 




35 00 




50 00 




250 00 




50 00 




60 00 


1, 


850 00 




200 00 



174 

7713 P. & J. J. Godfrey $2, 000 00 

7714 David Hull 500 00 

7715 Andrew Drouillard 500 00 

7716 Jacob Beeson & Co 220 00 

7717 Jacob Beeson 900 00 

7718 John Anderson 600 00 

7719 John Green 100 00 

7720 James B. Campbell 600 00 

7721 Pierre Menard, jun., in right of G. W. Campbell . . 250 00 

7722 George E. Walker 1,000 00 

7723 Joseph Thebault 50 00 

7724 Gideon Lowe, U. S. A 160 00 

7725 Pierre Menard, jun 2, 000 00 

7726 John Tharp 45 00 

7727 Pierre Menard, jr., in trust for Marie Tremble . . . . 500 00 

7728 Henry B. Stillm an 300 00 

7729 John Hamblin 500 00 

7730 Francois Pag6 100 00 

7731 George Brooks 20 00 

7732 Franklin McMillan , 100 00 

7733 Lorance Sliellhouse 30 00 

7734 Martin G. Shellhouse 35 00 

7735 PeterBellair 150 00 

7736 Joseph Morass 200 00 

7737 John I. Wendell 2, 000 00 

7738 A. T. Hatch 300 00 

7739 Stephen Downing 100 00 

7740 SamuelMiller 100 00 

7741 Moses Hardwick 75 00 

7742 Margaret May 400 00 

7743 Frances Felix 1,100 00 

7744 John B. Bonrie 500 00 

7745 Harriet Ewing 500 00 

7746 I^ancyHedges 500 00 

7747 David Bourie 500 00 

7748 Caroline Ferry 500 00 

7749 Bowrie&Minie 500 00 

7750 Charles Minie 600 00 

7751 Francis Minie 700 00 

7752 David Bourie 150 00 

7753 Henry Ossum Eeed 200 00 

7754 Frangoise Bezion 2, 500 00 

7755 Dominique Eousseau 500 00 

7756 Hanna & Taylor 1, 570 00 

7757 John P. Hedges 1,000 00 

7758 Francois Chobare 1, 000 00 



175 

7759 Isadore Chobare $600 CO 

7760 Jacob Leephart 700 00 

7761 AmosAmsden 400 00 

7762 Nicholas Boilvin 350 00 

7763 Archibald Clyburn , 200 00 

7764 William Conner, (Michigan) 70 00 

7765 Tunis S. Wendall 500 00 

7766 Noel Vasseur 800 00 

7767 James Abbott, agent of the American Fur Com- 

7768 pany 2, 300 00 

7769 Eobert Stewart, agent of the American Fur Com- 

7770 pany 17, 000 00 

7771 Solomon Jeauneau 2, 100 00 

7772 John Bt. Beaubin 250 00 

7773 Stephen Mack, jr 350 00 

7774 John Lawe 3,000 00 

7775 Alexis Larose 1, 000 00 

7776 Daniel Whitney 1,350 00 

7777 P.&A. Grignon 650 00 

7778 Louis Grignon 2,000 00 

7779 Jacques Vieux 2,000 00 

7780 Laframboise & Bourassa 1,300 00 

7781 Heirs of N. Bolvin, deceased 1, 000 00 

7782 John K. Clark 400 00 

7783 William G. & G. W. Ewing 5,000 00 

7784 Eufus Hitchcock 400 00 

7785 Eeed and Coons 200 00 

7780 B. H. Laughton 1,000 00 

7787 Eufus Downing 500 00 

/788 Charles Eeed 200 00 

7789 — : 



7790 One hundred and seventy-five thousand dollars. $175,000 00 

7791 The above claims have been admitted and directed to be 

7792 paid only in case they be accepted in full of all claims and 

7793 demands up to the present date. 

7794 G. B. POETEE, 

7795 TH. J. Y. OWEN, 

7796 WILLIAM WEATHEEFOED. 

7797 All the debts mentioned in the above Schedule B, and which 

7798 were specified in Exhibit E to the report of the committee, to be 

7799 examined by a commissioner to be appointed by the President, 

7800 by and with the advice and consent of the Senate, and the indi- 

7801 viduals to be paid only the sums found by said commissioner 

7802 to be justly due, in no instance increasing the sum agreed to be 

7803 paid ; and whatever sum is saved by deduction or disallowance 



176 

7804 of the debts iu Exhibit E to be paid to the Indians, and the 

7805 residue to the claimants respectively. 

7806 Agreeably to the stipulations contained in the 3d article 

7807 of the treaty, there have been purchased and delivered, at the 

7808 request of the Indians, goods, provisions, and horses, to the 

7809 amount of sixty-five thousand dollars, (leaving the balance to 

7810 be supplied in the year one thousand eight hundred and thirty- 

7811 four, thirty-flve thousand dollars.) 

7812 Articles supi)lementary to the treaty made at Chicago, in the State 

7813 of Illinois, on the 26ih day of September, one thousand eight 

7814 hundred and thirty-three, between George B. Porter, Thomas 

7815 J. V. Owen, and William Weatherford, commissioners on the 

7816 part of the United States, of the one part, and the United 

7817 Nation of Chippewa, Ottowa, and Fotawatamie Indians, of the 

7818 other part, concluded at the same place on the tiventy-seventh 

7819 day of September, one thousand eight hundred and thirty-three, 

7820 between the said commissioners on the part of the United 

7821 States, of the one part, and the chiefs and head-men of the said 

7822 United Nation of Indians, residing upon the reservations of 

7823 land situated in the Territory of Michigan, south of Grand, 

7824 River, of the other part. 

7825 Article 1. The said chiefs and head-men cede to the United 

7826 States all their laud situate in the Territory of Michigan south 

7827 of Grand Eiver, being the reservation at Notawasepe of four 

7828 miles square contained in the 3d clause of the 2d article of 

7829 the treaty made at Chicago on the 29th day of August, 1821, 

7830 and the ninety-nine sections of land contained in the treaty made 

7831 at St. Joseph on the 19th day of September, 1827; and also the 

7832 tract of laud on St. Joseph Eiver opposite the town of Niles, 

7833 and extending to the line of the State of Indiana, on which the 

7834 villages of Tope-ne-bee and Pobagon are situated, supposed to 

7835 contain about forty-niue sections. 

7836 Article 2. In consideration of the above cession, it is 

7837 hereby agreed that the said chiefs and head-men, and their 

7838 immediate tribes, shall be considered as parties to the said 

7839 treaty to which this is supplementary, and be entitled to partici- 

7840 pate in all the provisions therein contained, as a part of the 

7841 United Nation; and further, that there shall be paid by the 

7842 United States the sum of one hundred thousand dollars, to be 

7843 applied as follows : 

7844 Ten thousand dollars in addition to the general fund of one 

7845 hundred thousand dollars, contained in the said treaty, to satisfy 

7846 sundry individuals in behalf of whom reservations were asked 

7847 which the commissioners refused to grant ; the manner in which 



177 

7848 the same is to be paid being set forth in the schedule " A," here 

7849 unto annexed. 

7850 Twenty-five thousand dollars in addition to the sum of one 

7851 hundred and fifty thousand dollars contained in the said treaty, 

7852 to satisfy the claims made against all composing the United 

7853 Nation of Indians, which they have admitted to be justly due, 

7854 and directed to be paid according to Schedule " B," to the treaty 

7855 annexed. 

7856 Twenty-five thousand dollars, to be paid in goods, provisions, 

7857 and horses, in addition to the one hundred thousand dollars con- 

7858 tained in the treaty. 

7859 And forty thousand dollars to be paid in annuities of two 

7860 thousand dollars a year for twenty years, in addition to the two 

7861 hundred and eighty thousand dollars inserted in the treaty, and 
7802 divided into payments of fourteen thousand dollars a year. 

7863 Aeticle 3. All the Indians residing on the said reservations 

7864 in Michigan shall remove therefrom within three years from this 

7865 date, during which time they shall not be disturbed in their 

7866 possession, nor in hunting upon the lands as heretofore. In the 

7867 mean time no interruption shall be offered to the survey ai\d sale 

7808 of the same by the United States. In case, however, the said 

7809 Indians shall sooner remove, the Government may take immedi- 

7870 ate possession thereof. 

7871 Article 4. Stricken out. 

7872 And provided that the lands given to the said Indians, in 

7873 exchange, in place of being bounded in the manner described in 

7874 tbe treaty, be so changed that the first line shall begin at the 

7875 mouth of Boyer's River, and run down the Eiver Missouri to a 

7876 point thereon from which a line running due east will strike the 

7877 northwestern corner of the State of Missouri ; from that point 

7878 due east till it strikes said northwest corner; then along the 

7879 northern boundary-line of said State, till it strikes the line of the 

7880 lands belonging to the Fox and Saclndians; thence northwardly, 

7881 so far as to make to the Indians full compensation for the quan- 

7882 tity of land which will be thus taken from them on the south- 

7883 -western part of the tract allowed them by the boundaries as 

7884 atprestnt described in the treaty; and provided, further, that 

7885 this alteration of boundaries can be effected with the consent of 

7886 the Indians. Also the said commissioner shall examine whether 

7887 three thousand dollars, a part of the sum of seventeen thousand 

7888 dollars directed to be paid to Robert Stuart, agent of the Ameri- 

7889 can Fur Company, was to be paid and received in full discharge 

7890 of all claims and demands which said company had against 

7891 G-urdon S. Hubbard and James Kinzie ; and if he finds it was to 

7892 be so paid, that then the sum of fourteen thousand dollars, only, 

7893 be paid, until said agent of said company give a receipt of all 

23 I T 



178 

7894 debts due, and demands which said company had against said 

7895 Hubbard and Kinzie; and, upon giving such receipt, that then 

7896 the said sum of three thousand dollars be likewise paid to said 

7897 agent. 

7898 These supplementary articles, after the same shall have been 

7899 ratified by the President and Senate of the United States, shall 

7900 be binding on the contracting parties. 

7901 Schedule "A." — (Referred to in the article supplementary 

7902 to the treaty, containing the sums payable to individuals, in lieu 

7903 of reservations of land.) 

7904 Po-ka-gon $2, 000 00 

7905 Eebecca Burnett, ) ^^^ ^^^^^ ^^^^^^^ ^^^^^^^ ( 500 00 

7906 Mary Burnett J ' (250 00 

7907 Martha Burnett (E. A. Forsyth, trustee) 250 00 

7908 Madaline Bertrand 200 00 

7909 Joseph Bertrand, junr '. 200 00 

7910 Luke Bertrand, junr 200 00 

7911 Benjamin Bertrand 200 00 

7912 Lawrence Bertrand : 200 00 

7913- Theresa Bertrand 200 00 

7914 Amable Bertrand 200 00 

7915 Julianne Bertrand 200 00 

7916 Joseph H. Bertrand 100 00 

7917 Mary M. Bertrand 100 00 

7918 M. L. Bertrand 100 06 

7919 John B. Du Oharme 200 00 

7920 Elizabeth Du Charme, (E. A. Forsyth, trustee) 800 00 

7921 George Henderson 400 09 

7922 Mary Nado and children 400 00 

7923 John Bt. Chandonai 1,000 00 

7924 Charles Chandonai, ) For each of whom E. A. ( 400 00 

7925 Mary Chandonai, i Forsyth is trustee. ( 400 00 

7926 Mary St. Comb and children 300 00 

7927 Sa-gen-nais' daughter 200 00 

7928 Me-chain, daughter of Peche co 200 00 

7929 Alexis Eolan 200 00 

7930 Polly Neighbush 200 00 

7931 Francois Page's wife and children 200 00 

7932 Pierre F. Navarre's children 100 00 

7933 Jarmont, (half-breed) 100 00 

7934 

7935 Ten thousand dollars $10,000 00 

7936 Agreeably to the stipulations contained in the articles sup- 

7937 plementary to the treaty, there have been purchased and de- 

7938 livered at the request of the Indians, goods, provisions, and 



179 

7939 horses to the amount of flfteeu thousand dollars, (leaving the 

7940 balance to be supplied hereafter ten thousand dollars.) 

7941 And as, since the signing of the treaty, a part of the band 

7942 residing on the reservations in the Territory of Michigan have 

7943 requested, on account of their religious creed, permission to re- 

7944 move to the northern part of the peninsula of Michigan, it is 

7945 agreed that in case of such removal the just proportion of all 

7946 annuities payable to them under former treaties, and that arising 

7947 from the sale of the reservation on which they now reside, shall 
794S be paid to them at L'arbre Oroche. 

7949 The commissioners certify that when these supplementary 

7950 articles were ready for signature, the original paper, of which 

7951 the annexed is a copy, was presented by Messrs. Peter and 

7952 James J. Godfroy, and the due execution of it was made sat- 

7953 isfactorily appear to the commissioners, the subscribing wit- 

7954 nesses, E. A. Forsyth and Robert A. Kinzie, being present. The 

7955 chiefs and headmen present recognizing this as a reservation, 

7956 it was agreed that it shall be considered in the same light as 

7957 though the purport of the instrument had been inserted in the 

7958 body of the treaty; with the understanding that the rejection 

7959 of it by the President and Senate of the United States shall not 

7960 affect the validity of the treaty. 

7961 Know all men by these presents that we, the undersigned 

7962 chiefs and young men of thePotawatamie tribe of Indians living 

7963 at Na-to-wa-sepe, in the Territory of Michigan, for and in con- 

7964 sideration of the friendship and sundry services rendered to us 

7965 by Peter and James J. Godfroy, we do hereby by these presents 

7966 give, grant, alien, transfer, and convej' unto the said Qodfroys, 

7967 their heirs and assigns forever, one entire section of land situate, 

7968 lying, and being on our reserve of Na-to-wa-se-pe, iu the Terri- 

7969 tory aforesaid, to be located by said Godfroys wherever on said 

7970 reserve they shall think it more to their advantage and benefit. 

7971 It is moreover the wishes of the undersigned chiefs and 

7972 young men as aforesaid, that so soon as there" shall be a treaty 

7973 held between the Cnited States and our said tribe of Potawat- 

7974 amies, that our Great Father, the President, confirm and make 

7975 good this our grant unto them, the said Godfroys, by issuing 

7976 a patent therefor to them and to their heirs forever. 

7977 In so doing our Great Father will accomplish the wishes of 

7978 his children. 

7979 Ghica&o, Illinois, October 1, 1834. 

7980 Tflo. J. V. Owen, Esq., 

7981 United States Indian Agent : 

7982 Father : Feeling a disposition to comply with the resolu- 

7983 tion of the Senate of the United States, and the views of the 

7984 Government iu relation to an alteration in the boundaries of 



180 

7985 the country ceded to the united nation of Chippewa, Ottawa, 

7986 and Potawataraie Indians at the treaty at Chicago, in the State 

7987 of Illinois, concluded on the 26th and 27th days of September, 

7988 1833 : we therefore propose, as the chiefs of the said united 

7989 nation, and for and on their behalf, that we will accept of 

7990 the following alteration in the boundaries of the said tract of 

7991 country, viz : Beginning at the mouth of Boyer's Elver; thence 

7992 down the Missouri Eiver, to a point thereon, from which a 

7993 due east line would strike the northwest corner of the State 

7994 of Missouri ; thence along the said east line, to the north- 

7995 west corner of said State; then along the northern bound- 

7996 ary-line of the said State of Missouri, till it strikes the line of 

7997 the lands of the Sac and Fox Indians ; thence northwardly along 

7998 said line to a point from which a west line would strike the 

7999 sources of the Little Sioux Eiver ; thence along said west line, 

8000 till it strikes the said sources of said river : then down said river 

8001 to its mouth ; thence down the Missouri Eiver, to the place of 

8002 beginning : Provided the said boundary shall contain five million 

8003 of acres ; but should it contain more, then said boundaries are 

8004 to be reduced so as to contain the said five millions of acres. 

8005 And, in consideration ot the alteration of said boundary we 
8000 ask that ten thousand dollars should be paid to such commis- 

8007 sioner as shall be designated by us to receive the same west of 

8008 the Mississippi Eiver, at such place on the tract of country ceded 

8009 to the said United Nation as we may designate, and to be applied 
80.0 as we may direct for the use and benefit of the said nation. And 

8011 the further sum of two thousand dollars to be paid to Gholson 

8012 Kercheval, of Chicago, Illinois, for services rendered the said 

8013 United Nation of Indians during the late war between the United 

8014 States Government and the Sacs and Poxes ; and the further 

8015 sum of one thousand dollars to George B. Walker for services 

8016 rendered the said United Nation in bringing Indian prisoners 

8017 from west of the Mississippi Eiver to Ottawa, Laselle County, 

8018 Illinois, for whose appearance at the circuit court of said county 

8019 the said nation was bound. 

8020 The foregoing propositions are made with the expectation 

8021 that with the exception of the alteration in the proposed bound- 

8022 ary, and the indemnity herein demanded as an equivalent for 

8023 said exchange, the whole of the treaty made and concluded at 

8024 this place on the 26th and 27th day.s of September, 1833, be rat- 

8025 ifled as made and concluded at that time, within the space of 
8'J26 five months from the present date ; otherwise it is our wish that 

8027 the whole of the said treaty should be considered as cancelled. 

8028 " That the Senate do advise and consent to the alteration 
8929 proposed by the chiefs of the united nation of Chippewa, Ottawa, 
8030 and Pottawattamie Indians, concluded at Chicago, in the State 



181 

8031 of Illinois, ou the first day of October, 1834, to tlie treaty con- 

8032 eluded between the commissioners on the part of the United 

8033 States and the chiefs of the said united nation on the 26th of 

8034 September, 1833, it being expressly understood by the Senate 

8035 that no other of the provisions of the resolution of the Senate 

8036 of the 22d day of May, 1834, ratifying the said treaty, shall be 

8037 affected, or in any manner changed, by the said proposed alter- 

8038 ation of 1st October, 1834, excepting the proposed alteration in 

8039 the boundaries therein mentioned, and the suras of money therein 

8040 stipulated to be paid." 

8041 Proclaimed February 21, 1835. 

8042 Whereas the various bands of the Pottowautomie Indians, 

8043 known as the Chippewas, Ottawas, and Pottowautomies, the 

8044 Pottowa;utomies of the Prairie, the Pottowautomies of the 

8045 Wabash, and the Pottowautomies of Indiana, have, subsequent 

8046 to the year 1828, entered into separate and distinct treaties with 

8047 the United States, by which they have been separated and 

8048 located in different countries, and difiiculties have arisen as to 

8049 the proper distribution of the stipulations uuder various treaties, 

8050 and being the same people by kindred, by feeling, and by lan- 

8051 guage, and having, in former periods, lived on and owned their 

8052 lands in common, and being desirous to unite in one common 

8053 country, and again become one people, and receive their annui- 

8054 ties and other benefits in common, and to abolish all minor 

8055 distinctions of bands by which they have heretofore been divided, 

8056 and are anxious to be known only as the Pottowautomie Nation, 
8067 thereby reinstating the national character ; and 

8058 Whereas the United States are also anxious to restore aud 

8059 concentrate said tribes to a state so desirable and necessary for 

8060 the happiness of their people, as well as to enable the Govern- 

8061 meut to arrange and manage its intercourse with them : 

8062 Now, therefore, the United States and the said Indians do 

8063 hereby agree that said people shall hereafter be known as a 

8064 nation, to be called the Pottowautomie Nation; and to the 

8065 following 

8066 Articles of a trcait/ made and concluded at the Agency on the Mis- 

8067 souri River, near Council Bluffs, on the fifth day of June, 

8068 and at Pottawatomie Greek, near the Osage Biver, south and 

8069 icest of the State of Missouri, on the seventeenth day of the same 

8070 month, in the year of our Lord one thousand eight hundred and 

8071 forty-six, between T. P. Andrews, Thomas H. Harvey, and 

8072 Gideon G. MatlocTc, commissioners on the part of the United 
8073" States on the one pa/rt, and the various bands of the Pottotoau- 
8074 tomie, Ghippewas, and Ottoioas Indians on the other part : 



182 

8075 Article 1. It is solemnly agreed that the peace and f'riend- 

8076 ship which so happily exist between the people of the United 

8077 States and the Pottowautomie Indians shall continue forever ; 

8078 the said tribes of Indians giving assurance, hereby, of fidelity and 

8079 friendship to the Government and people of the United States, 

8080 and the United States giving, at the same time, promise of all 

8081 proper care and parental protection. 

8082 Article 2. The said tribes of Indians hereby agree to sell 

8083 and cede, and do hereby sell and cede to the United States, all 

8084 the lands to which they have claim of any kind whatsoever, 

8085 and especially the tracts or parcels of lands ceded to them by 

8086 the treaty of Chicago, and subsequent thereto, and now, in 

8087 whole or in part, possessed by their people, lying and being 

8088 north of the river Missouri, and embraced in the limits of the 
8089^ Territory of Iowa ; and also all that tract of country lying and 

8090 being on or neat the Osage Eiver, and west of the State of Mis- 

8091 souri; it being understood that these cessions are not to affect 

8092 the title of said Indians to any grants or reservations made to 

8093 them by former treaties. 

8094 Article 3. In consideration of the foregoing cessions or 

8095 sales of land to the United States, it is agreed to pay to said 

8096 tribes of Indians the sum of eight hundred and fifty thousand 

8097 dollars, subject to the conditions, deductions, and liabilities 

8098 provided for in the subsequent articles of this treaty. 

8099 Article 4. The United States agree to grant to the said 

8100 united tribes of Indians possession and title to a tract or par- 

8101 eel of land containing five hundred and seventy-six thousand 

8102 acres, being thirty miles square, and being the eastern part of 

8103 the lands ceded to the United States by the Kansas tribe of In- 

8104 dians, by treaty concluded on the 14th day of January, and rati- 

8105 fied on the 15th of April of the present year, lying adjoining 

8106 the Shawnees on the south, and the Delawares and Shawnees on 

8107 the east, on both sides of the Kansas Eiver, and to guarantee 

8108 the full and complete possession of the same to the Pottowauto- 

8109 mie Nation, parties to this treaty, as their land and home for- 

8110 ever ; for which they are to pay the United States the sum 

8111 of eighty-seven thousand dollars, to be deducted from the gross 

8112 sum promised to them in the 3d article of this treaty. 

8113 Article 5, The United States agree to pay said nation of 

8114 Indians, at the first annuity payment after the ratification of 

8115 this treaty, and after an appropriation shall have been made 

8116 by Congress, the sum of fifty thousand dollars, out of the 

8117 aggregate sum granted in the third article of this treaty to en- 

8118 able said Indians to arrange their affairs, and pay their just 

8119 debts, before leaving their present homes ; to pay for their im- 

8120 provements ; to purchase wagons, horses, and other means of 



183 

8121 transportation, and pay individuals for the loss of property 

8122 necessarily sacrificed in moving to their new homes; said sum 

8123 to be paid, in open council, by the proper agents of the United 

8124 States, and in such just proportions to each band as the Presi- 

8125 dent of the United States may direct. 

8126 AuTiOLE 6. The said tribes of Indians agree to remove to 

8127 their new homes on the Kansas Eiver, within two years from the 

8128 ratification of this treaty ; and further agree to set apart the sum 

8129 of twenty thousand dollars to the upper bands, (being ten dol- 

8130 lars per head,) and ten thousand dollars to the lower bands, 

8131 (being five dollars pef head,) to pay the actual expenses of re- 

8132 moving ; and the sum of forty thousand dollars for all the bands, 

8133 as subsistence money, for the first twelve months after their 

8134 arrival at their new homes ; to be paid to them so soon as their 

8135 arrival at their new homes is made known to the Government, 

8136 and convenient arrangements can be made to pay the same be- 

8137 tween the parties to this treaty ; the aforesaid sums to be also 

8138 deducted from the aggregate sum granted by the United States 

8139 to said tribes of Indians by the 3d article of this treaty. 

8140 Article 7. The balance of the said sum of eight hundred 

8141 and fifty thousand dollars, after deducting the cost of removal 

8142 and subsistence, &c., it is agreed shall remain with the United 

8143 States, in trust for said Indians, and an interest of five per cent. 

8144 annually paid thereon, commencing at the expiration of one 

8145 year after the removal of said Indians, and continuing for thirty 

8146 years, and until the nation shall be reduced below one thousand 

8147 souls. If, after the expiration of thirty years, or any period 

8148 thereafter, it shall be ascertained that the nation is reduced 
8149 . below that number, the said annuity shall thenceforth be paid 

8150 pro rata so long as they shall exist as a separate and distinct 

8151 nation, in proportion as the present number shall bear to the 

8152 number then in existence. 

8153 Article 8. It is agreed upon by the parties to this treaty 

8154 that, after the removal of the Pottowautomie Nation to the 

8155 Kansas country, the annual interest of their "improvement 

8156 fund" shall be paid out promptly and fully, for their benefit, at 

8157 their new homes. If, however, at any time thereafter, the Pres- 

8158 ident of the United States shall be of opinion that it would be 

8159 advantageous to the Pottowautomie Nation, and they should 

8160 request the same to be done, to pay them the interest of said 

8161 money in lieu of the employment of persons or i^urchase of ma- 

8162 chines or implements, he is hereby authorized to pay the same, 

8163 or any part thereof, in money, as their annuities are paid at the 

8164 time of the general payments of annuities. It is also agreed 

8165 that, after the expiration of two years from the ratification of 

8166 this treaty, the school-fund of the Pottowautomies shall be ex- 



184 

8167 pended entirely ia their own country, unless their people, in 

8168 council, should, at any time, express a desire to have any part 

8169 of the same expended in a different manner. 

8170 Article 9. It is agreed by the parties to this treaty that 

8171 the buildings occupied as a missionary establishment, including 

8172 twenty acres of land now under fence, shall be reserved for the 

8173 use of the Government agency; also the houses used for black- 

8174 smith house and shop shall be reserved for the use of the Pot- 

8175 towautomie smith ; but should the property cease to be used for 

8176 the aforementioned purposes, then it shall revert to the use of 

8177 the Pottowautomie Nation. 

8178 Article 10. It is agreed that hereafter there shall be paid 

8179 to the Pottowautomie Nation, iinnually, the sum of three hun- 

8180 dred dollars, in lieu of the two thousand pounds of tobacco, flf- 

8181 teen hundred pounds of iron, and three hundred and fifty 

8182 pounds of steel, stipulated to be paid to the Pottowautomies 

8183 under the third article of the treaty of September 20, 1828. 

8184 Proclaimed July 22, 1846. 



8185 CHIPPEVVAS, TVYANDOTS, DELAWAEBS, ETC. 

8186 A treaty of peace hetween the United States of America and the 

8187 tribes of Indians called the Wyandots, Delawares, Shawanoes, 

8188 Ottawas, Chippewas, Putawatimes, M-iamis, Eel-river, Weea's, 

8189 Kiolcapoos, PianTcashaws, and KaslcasMans. 

8190 To put an end to a destructive war, to settle all controversies, 

8191 and to restore harmony and a friendly intercourse between the 

8192 said United States and Indian tribes, Anthony Wayne, major- 

8193 general, commanding the Army of the United States, and sole 

8194 commissioner for the good purposes above mentioned, and the 

8195 said tribes of Indians, by their sachems, chiefs, and warriors, 

8196 "met together at Greeneville, the headquarters of the said Army, 

8197 have agreed on the following articles, which, when ratified by 

8198 the President, with the advice and consent of the Senate of the 

8199 United States, shall be binding on them and the said Indian 

8200 tribes. 

8201 Article 1. Henceforth all hostilities shall cease ; peace is 

8202 hereby established, and shall be perpetual ; and a friendly inter- 

8203 course shall take place between the said United States and In- 

8204 dian tribes. 

8205 Article 2. All prisoners shall onboth sides be restored. The 

8206 Indians, prisoners to the United States, shall be immediately 

8207 set at liberty. The people of the United States still remaining 



185 

,8208 prisoners among the Indians sliall be delivered up in ninety 

8209 days from the date hereof, to the general or commanding oflficer 

8210 at Greeneville, Fort Wayne, or Fort Defiance ; and ten chiefs 

8211 of the said tribes shall remain at Greeneville as hostages, until 

8212 the delivery of the prisoners shall be effected. 

8213 Article 3. The general boundary-line between the lands of 

8214 the said Indian tribes shall begin at the mouth of Cayahoga 

8215 Eiver, and run thence up the same to the portage between that 
S21G and the Tuscarawas branch of the Muskingum ; thence down 

8217 that branch to the crossing-place above Fort Lawrence ; thence 

8218 westerly to a fork of that braflch of the Great Miami Eiver run- 

8219 ning into the Ohio, at or near which fork stood Loromie's store, 

8220 and where commences the portage between the Miami of the 

8221 Ohio, and Saint Mary's Eiver, which is a branch of the Miami, 

8222 which runs into Lake Erie; thence a westerly course to Fort 

8223 Eecovery, which stands on a branch of the Wabash ; then 

8224 south-westerly in a direct line to the Ohio, so as to intersect that 

8225 river opposite the mouth of Kentucke or Cuttawa Eiver. And 

8226 in consideration of the peace now established ; of the goods 

8227 formerly received from the United States ; of those now to be 

8228 delivered, and of the yearly delivery of goods now stipulated to 

8229 be made hereafter, and to indemnify the United States for the 

8230 injuries and expences they have sustained during the war, the 

8231 said Indian tribes do hereby cede and relinquish forever all 

8232 their claims to the lands lying eastwardly and southwardly of 

8233 the general boundary-line now described; and these lands, or 

8234 any part of them, shall iievei; hereafter be made a cause or pre- 

8235 fence, on the part of the said tribes or any of them, of war or 
8230 injury to the United States, or any of the people thereof. 

8237 And for the same considerations, and as an evidence of the 

8238 returning friendship of the said Indian tribes, of their confidence 

8239 in the United States, and desire to provide for their accommoda- 

8240 tion, and for that convenient intercourse which will be beneficial 

8241 to both parties, the said Indian tribes do also cede to the United 

8242 States the following pieces of land, to wit : (1.) One piece of 

8243 land six miles square at or near Loromie's store before mentioned . 

8244 (24) One piece two miles square at the head of the navigable 

8245 water or landing on the St. Mary's Eiver^ near Girty's town. 

8246 (3.) One piece six miles square at the head of the navigable 

8247 water of the Au-Glaize Eiver. (4.) One piece six miles square 

8248 at the confluence of the Au-Glaize and Miami rivers, where Foit 

8249 Defiance now stands. (5.) One piece six miles square at or near 

8250 the confluence of the rivers St. Mary's and St. Joseph's, where 

8251 Fort Wayne now stands, or near it. (6.) One piece two miles 

8252 square on the Wabash Eiver at the end of the portage from the 

8253 Miami of the lake, and about eight miles westward from Fort 

24 I T 



186 

8254 Wayne. (7.) One piece six miles square at the Oaatanon or old 

8255 Weea towns on tlie Wabash Elver. (8.) Oue piece twelve miles 

8256 square at the British fort on the Miami of the lake at the foot 

8257 of the rapids. (9.) One piece six miles square at the mouth of 

8258 the said river where it empties into the lake. (10.) Oue piece 

8259 six miles square upon Sandusky Lake, where a fort formerly 

8260 stood. (11.) One piece two miles square at the lower rapids of 

8261 Sandusky Eiver. (12.) The post of Detroit and all the land to 

8262 the north, the west, and the south of it, of which the Indian title 

8263 has been extinguished by gifts or grants to the French or English 

8264 governments; and so much more land to be annexed to the 

8265 district of Detroit as shall be comprehended between the river 

8266 Eosine on the south. Lake St. Clair on the north, and a line, the 

8267 general course whereof shall be six miles distant from the west 

8268 end of Lake Brie and Detroit Eiver. (13.) The post of Michilli- 

8269 mackinac, and all the land on the island, on which that post 

8270 stands, and the main land adjacent, of which the Indian title 

8271 has been extinguished by gifts or grants to the French or Eng- 

8272 lish governments ; and a piece of land on the main to the north 

8273 of the island, to measure six miles on Lake Huron, or the streight 

8274 between Lakes Huron and Michigan, and to extend three miles 

8275 back from the water of the lake or streight, and also the island 

8276 De Bois Blanc, being an extra and voluntary gift of the Chipewa 

8277 Nation. (14.) One piece of land six miles square at the mouth 

8278 of Chikago Eiver emptying into the southwest end of Lake 

8279 ^Michigan, where a fort formerly stood. (15.) One piece twelve 

8280 miles square at or near the ipouth of the Illinois Eiver, emptying 

8281 into the Mississippi. (10.) One piece six miles square at the old 

8282 Piorias fort and village, near the south end of the Illinois Lake 

8283 on said Illinois Eiver. And whenever the United States shall 

8284 think proper to survey and mark the boundaries of the lands 

8285 hereby ceded to them, they shall give timely notice thereof to 

8286 the said tribes of Indians, that they may appoint some of their 

8287 wise chiefs to attend and see that the lines are run according to 

8288 the terms of this treaty. 

8289 And the said Indian tribes will allow to the people of the 

8290 United States a free passage by land and by water, as one and 

8291 the other shall be found convenient, through their country, along 

8292 the chain of posts hereinbefore mentioned ; that is to say, from 

8293 the commencement of the portage aforesaid at or near Loromie's 

8294 store, thence along said portage to the St. Mary's, and down 

8295 the same to Fort Wayne, and then down the Miami to Lake Erie : 

8296 again from the commencement of the portage at or near Loro- 

8297 mie's store along the portage from thence to the river Au-Glaize, 

8298 and down the same to its junction with the Miami at Fort Defi. 

8299 ance: again from the commencement of the portage aforesaid 



187 

8300 to Sandusky Eiver, and down the same to Sandusky Bay and 

8301 Lake Erie, and from Sandusky to the post which shall be taken 
S302 at or near the foot of the rapids of the Miami of the lake ; and 

8303 from thence to Detroit. Again from the mouth of Chikago to 

8304 the commencement of the portage, between that river and the 

8305 Illinois, and down the Illinois Eiver to the Mississippi ; also from 

8306 Fort Wayne along the portage aforesaid which leads to the Wa- 

8307 bash, and then down the Wabash to the Ohio. And the said 

8308 Indian tribes will also allow to the people of the United States 

8309 the free use of the harbours and mouths of rivers along the lakes 

8310 adjoining the Indian lands, for sheltering vessells and boats, and 

8311 liberty fo laud their cargoes where necessary for their safety. 
8313 Article 4. In consideration of the peace now established 

8313 and of the cessions and relinquishments of lauds made in the 

8314 preceding article by the said tribes of Indians, and to manifest 

8315 the liberality of the United States, as the great means of render- 

8316 ing this peace strong and perpetual, the United States relinguish 

8317 their claims to all other Indian lands northward of the river 

8318 Ohio, eastward of the Mississippi, and westward and southward 

8319 of the Great Lakes and the waters uniting them, according to 

8320 the boundary-line agreed on by the United States and the King 

8321 of Great Britain, in the treaty of peace made between them in 

8322 the year 1783. But from this relinquishment by the United 

8323 States the following tracts of land are explicitly excepted : 1st. 

8324 The tract of one hundred and iifty thousand acres near the rapids 

8325 of the river Ohio, which has been assigned to General Clark, for 

8326 the use of himself and his warriors. 2d, The post of St. Vincennes 

8327 on the river Wabash, and the lands adjacent, of which the 

8328 Indian title has been extinguished. 3d. The lands at all other 

8329 places in possession of the French people and other white set- 

8330 tiers among them, of which the Indian title has been extinguished 

8331 as mentioned in the 3d article; and 4th. The po^t of Fort Mas- 

8332 sac, toward the mouth of the Ohio. To which several parcels of 

8333 laud so excepted, the said tribes relinquish all the title and claim 

8334 which they or any of them may have. 

8335 And for the same considerations and with the same views 

8336 as above mentioned, the United States now deliver to the said 

8337 Indian tribes a quantity of goods to the value of twenty thou- 

8338 sand dollars, the receipt whereof they do hereby acknowledge; 

8339 and henceforward every year forever the United States will 

8340 deliver at some convenient place northward of the river Ohio, 

8341 like usefull goods, suited to the circumstances of the Indians, of 

8342 the value of nine thousand five hundred dollars ; reckoning that 

8343 value at the lirst cost of the goods in the city or place in the 

8344 United States wherethey shall be procured. The tribes to which 



188 

8345 those goods are to be annually delivered, and the proportions in 

8346 which they are to be delivered, are the following : 

8347 1st. To the Wyandots, the amount of one thousand dollars. 

8348 2d. To the Delawares, the amount of one thousand dollars. 3d. 

8349 To the Shawauese, the amount of one thousand dollars. 4th. 

8350 To the Miamis, the amount of one thousand dollars. 5th. To the 

8351 Ottawas, the amount of one thousand dollars. 6th. TotheChip- 
8352 pewas, the amount of one thousand dollars. 7th. To the Puta- 

8353 watimes, the amount of one thousand dollars. 8th. And to the 

8354 Kickapoo, Weea, Eel Eiver, Piankashaw and Kaskaskias tribes, 

8355 the amount of five hundred dollars each : Provided, That if 

8356 either of the said tribes shall hereafter, at an annual delivery of 

8357 their share of the goods aforesaid, desire that a part of their 

8358 annuity should be furnished in domestic animals, imi)lements of 

8359 husbandry, and other utensils convenient for them, and in com- 

8360 pensation to usefuU artificers who may reside with or near them, 

8361 and be employed for their benefit, the same shall at the subse- 

8362 quent annual deliveries be furnished accordingly. 

8363 Article 5. To prevent any misunderstanding about the 

8364 Indian lands relinquished by the United States in the fourth 

8365 article, it is now explicitly declared that the meaning of that 

8366 relinquishment is this: The Indian tribes who haVe a right 

8367 to those lands are quietly to enjoy them, hunting, planting, and 

8368 dwelling thereon so long as they please, witho ut any molestation 

8369 from the United States; but when those tribes, or any of them, 

8370 shall be disposed to sell their lands, or any part of them, they 

8371 are to be sold only to the United States ; and untill such sale 

8372 the United States will protect all the said Indian tribes in the 

8373 quiet enjoyment of their lands against all citizens of the United 

8374 States and against all other white persons who intrude upon the 

8375 same. And the said Indian tribes again acknowledge them- 

8376 selves to be under the protection of the said United States and 

8377 no other power whatever. 

8378 Article G. If any citizen of the United States, or any 

8379 other white person or persons, shall presume to settle upon the 

8380 lands now relinquished by the United States, such citizen or 

8381 other person shall be out of the protection of the United States; 

8382 and the Indian tribe on whose land the settlement shall be made 

8383 may drive off the settler, or punish him in such manner as they 

8384 shall think fit; and because such settlements made without the 

8385 consent of the United States will be injurious to them as well 

8386 as to the Indians, the United States shall be at liberty to break 

8387 them up, and remove and punish thesettlers as they shall think 

8388 xjroper, and so effect that protection of the Indian lands herein- 

8389 before stipulated. 

8390 Article 7. The said tribes of Indians, parties to this 



189 

8391 treaty, shall be at liberty to hunt withia the territory and lands 

8392 which they have now ceded to the United States, without hin- 

8393 drance or molestation, so long as they demean themselves peace- 

8394 ably and offer no injury to the people of the United States. 
8393 Akhcle 8. Trade shall be opened with the said Indian 

8396 tribes; and they do hereby respectively engage to afford pro- 

8397 tection to such persons, with their property, as shall be duly 

8398 licensed to reside among them for the purpose of trade, and 

8399 to their agents and servants ; but no person shall be permit- 

8400 ted to reside at aify of their towns or hunting-camps as a 

8401 trader who is not furnished with a license for that purpose 
84013 under the hand and seal of the superintendent of the depart- 

8403 ment northwest of the Ohio, or such other person as the Presi- 

8404 dent of the United States shall authorize to grant such licenses, 

8405 to the end that the said Indians may not be imposed on in their 

8406 trade. And if any licensed trader shall abuse his privilege by 

8407 unfair dealing, upon complaint and proof thereof, his license 

8408 shall be taken from liim, and he shall be further punished ac- 

8409 cording to the laws of the United States. And if any person 

8410 shall intrude himself as a trader, without such license, the said 

8411 Indians shall take and bring him before the superintendent or 

8412 his deputy, to be dealt with according to law. And to prevent 

8413 impositions by forged licenses, the said Indians shall at least 

8414 once a year give information to the superintendent or his depu- 

8415 ties of the names of the traders among them. 

8416 Article 9. Lest the firm peace and friendship now estab- 

8417 lished should be interrupted by the misconduct of individuals, 

8418 the United States and the said Indian tribes agree, that for in- 

8419 juries done by individuals on either side, no private revenge or 

8420 retaliation shall take place; but, instead thereof, complaint shall 

8421 be made by the party injured to the other ; by the said Indian 

8422 tribes, or any of them, to the President of the United States, or 

8423 the superintendant by him appointed ; and by the superintend- 

8424 ent or other person appointed by the President," to the principal 

8425 chiefs of the said Indian tribes, or of the tribe to which the offender 

8426 belongs; and such prudent measures shall then be pursued as shall 

8427 be necessary to preserve the said peace and friendship iinbrokeu, 

8428 until the Legislature (or (Ireat Council) of the United States 

8429 shall make other e(iuitable provision in the case, to the satis- 

8430 faction of both parties. Should any Indian tribes meditate a war 

8431 against the United States, or either of them, and the same shall 

8432 come to the knowledge of the before-mentioned tribes, or either 

8433 of them, they do hereby engage to give immediate notice thereof 

8434 to the general or oflicer commanding the troops of the United 

8435 States at the nearest post. And should any tribe, with hostile 

8436 intentions against the United States, or either of them, attempt 



190 

8437 to pass through their country, they will eadeavour to prevent 

8438 the same, and in like manner give information of such attempt 

8439 to the general or officer commanding, as soon as possible, that 

8440 all causes of mistrust and suspicion may be avoided between 

8441 them and the United States. In like manner the United States 

8442 shall give notice to the said Indian tribes of any harm that may be 

8443 meditated against them, or either of them, that shall come to 

8444 their knowledge ; and do all in their jjower to hinder and pre- 

8445 vent the same, that the friendship between them may be unin- 

8446 terrupted. • 

8447 Article 10. All other treaties heretotore made between 

8448 the United States and the said Indian tribes, or any of them, 

8449 since the treaty of 1783, between the United States and Great 

8450 Britain, that come within the purview of this treaty, shall 

8451 henceforth cease and become void. 

8452 Proclaimed December 2, '1795. 



8453 CHIPPEWAS, WrANDOTS, OTTAWAS, MUNSBBS, AND 

8454 DELAWAEES, ETC. 

8455 A treaty between the United States of America and the sachems, 

8456 chiefs, and ivarriors of the Wyandot, Ottawa, Ghipawa, Mun- 

8457 see and Delaware, Shaivanee, and Pottawatima Nations, 

8458 holden at Fort Industry, on the Miami of the lake, on the 

8459 fourth day of July, anno Dimini one thousand eight hundred 

8460 and five. 

8461 Akticle 1. The said Indian nations do again acknowledge 

8462 themselves and all their tribes to be in friendship with, and 

8463 under the protection of, the United States. 

8464 Article 2. The boundary -line between the United States 

8465 and the nations aforesaid shall in future be a meridian-line 

8466 drawn north and south, through a boundary to be erected on the 

8467 south shore of Lake Erie, one hundred and twenty miles due 

8468 west of the west boundary-line of the State of Pennsylvania, 

8469 extending north untill it intersects the boundary-line of the 

8470 United States, and extending south it intersects a line heretofore 

8471 established by the treaty of Grenville. 

8472 Article 3. The Indian nations aforesaid, for the considera- 

8473 tion of friendship to the United States, and the sums of money 

8474 hereinafter mentioned, to be paid annually to the Wyandot, 

8475 Shawanee, Munsee and Delaware Nations, have ceded and do 

8476 hereby cede and relinquish to said United States forever, all 

8477 the lands belonging to said United States lying east of the 

8478 aforesaid line, bounded southerly and easterly by the line estab- 



191 

8479 lished by said treaty of Grenville, and northerly by tlie nortli- 

8480 ernmost part of the forty-first degree of north latitude. 

8481 Article 4. The United States, to preserve harmony, mani- 

8482 fest their liberality, and in consideration of the cession made in 

8483 the preceding article, will, every year forever hereafter, at De- 

8484 troit, or some other convenient place, pay and deliver to the 

8485 Wyandot, Munsee and Delaware ISTations, and those of the 

8486 Shawanee and Seneca Nations who reside with the Wyandots, 

8487 the sum of eight hundred and ttventy-five dollars, current money 

8488 of the United States, and the further sum of one hundred and 

8489 seventy-five dollars, making in the whole an annuity of one 

8490 thousand dollars ; which last sum of one hundred and seventy- 

8491 five dollars has been secured to the Pr esident, in trust for said 

8492 nations, by the Connecticnt Land Company, and by the com- 

8493 pany incorporated by the name of " The Proprietors of the 

8494 Half Million Acres of Land lying south of Lake Erie, called 

8495 Sufferer's Land," payable annually as aforesaid, and to be 

8496 divided between said nations, from time to time, in such proper- 

8497 tions as said nationvS, with the approbation of the President, 

8498 shall agree. 

8499 Article 5. To prevent all misunderstanding hereafter, it 

8500 is to be expressly remembered that the Ottawa and Chipawa 

8501 Nations, and such of the Pottawatima Nation as reside on the 

8502 river Huron of Lake Erie, and in the neighbourhood thereof, 

8503 have received from the Connecticut Land Company, and the 

8504 company incorporated by the name of " The Proprietors of the 

8505 Half Million Acres of Land lying south of Lake Erie, called 

8506 Sufferer's Land," the sum of four thousand dollars in hand, and 

8507 have secured to the President of the United States, in trust for 

8508 them, the further sum of twelve thousand dollars, payable in 

8509 six annual instalments of two thousand each ; which several 

8510 sums is the full amount of their proportion of the purchases 

8511 effected by this treaty, and also by a treaty with said companies 

8512 bearing even date herewith; which proportions were agreed on 

8513 and concluded by the whole of said nations in their general 

8514 council ; which several sums, together with two thousand nine 

8515 hundred and sixteen dollars and sixty-seven cents, secured to 

8516 the President, to raise said sum of one hundred and seventy-five 

8517 dollars annuity as aforesaid, is the amount of the consideration 

8518 paid by the agents of the (Jonnecticnt Reserve for the cession 

8519 of their lands. 

8520 Article 6. The said Indian nations, parties to this treaty, 

8521 shall be at liberty to fish and hunt within the territory and lands 

8522 which they have now ceded to the United States, so long as they 

8523 shall demean themselves peaceably. 

8524 Proclaimed April 24, 1806. 



192 



8525 OHIPPBWAS, OTTAWAS, WYANDOTTS, AND TOTTA- 

8526 WOTTOMIBS. 

S527 Articles of a treaty made at Detroit, thin seventeenth day of JSo- 

8528 vemher, in the year of our Lord one thousand eight hundred 

8520 and seven, by WilUam Hull, governor of the Territory of MicJr 

8530 igan, and superintendant of Indian affairs, and sole commis- 

8531 sioner of the United Stales, to conclude and sign a treaty or 

8532 treaties with the several nations of Indians northwest of^ the 

8533 river Ohio, on the one part, amd the sachems, chiefs, and %rur- 

8534 riors of the Ottoway, Chippeway, Wyandotte, and Pottawa- 

8535 tamie nations of Indians, on the other part. To confirm and 

8536 perpetuate the friendship which happily subsists between the 

8537 United States and the nations aforesaid, to manifest the sin. 

8538 cerity of that friendship, and to settle arrangements mutually 

8539 beneficial to the parties, after a full explanation and perfect 

8540 understanding, the following articles are agreed to, ichich, when 

8541 ratified by the President, by and with the advice and consent of 

8542 the Senate of the United States, shall be binding on them and 

8543 the respective nations of Indians : 

8544 Article 1. The sachems, chiefs, and warriors of the nations 

8545 aforesaid, in consideration of money and goods, to be paid to. the 

8546 said nations by the Government of the United States, as liere- 

8547 after stipulated, do hereby agree to cede, and forever quit-claim, 

8548 and do in behalf of their nations hereby cede, relinquish, and 

8549 . forever quit-claim unto the said United States, all right, title, and 

8550 forever quit-claim unto the said United States, all right, title, and 

8551 _or claimed, in or unto the lands comprehended within the fol- 

8552 lowing-described lines and l)oundaries : Beginning at the mouth 

8553 of the Miami River of the lakes, and running thence up the 

8554 middle thereof, to the mouth of the great Au Glaize Eiver . 

8555 thence running due north until it intersects a parallel of latitude, 

8556 to be drawn from the outlet of Lake Huron, which forms the 

8557 river Sinclair ; thence running northeast, the course that may 

8558 be found will lead in a direct line to White Eock, in Lake Huron ; 

8559 thence due east until it intersects the boundary -line between the 

8560 United States and Upper Canada, in said lake; thence south- 

8561 wardly, following the said boundary-line down said lake through 

8562 river Sinclair, Lake St. Clair, and the river Detroit, into Lake 

8563 Erie, to a point due east of the aforesaid Miami Eiver j thence 

8564 west to the place of beginning. 

8565 Article 2. It is hereby stipulated and agreed on the part 

8566 of the United States, as a consideration for the lands ceded by 

8567 the nations aforesaid in the preceding article, that there shall be 



193 

8568 paid to the said uations, at Detroit, ten thousaud dollars, in 

8569 money, goods, implements of husbandry, or domestic animajs, 

8570 (at the option of the said nations, seasonably signified, through 

8571 the superintendant of Indian affairs, residing with the said 

8572 nations, to the Department of War,) as soon as practicable after 

8573 the ratification of the treaty by the President, with the advice 

8574 and consent of the Senate of the United States; of this sum 

8575 three thousand three hundred and thirty-three dollars thirty 

8576 three cents and four mills shall be paid to the Ottaway ^JTation, 

8577 three thousand tliree hundred and thirty-three dollars thirty- 

8578 three cents and four mills, to the Chippeway Nation, one 

8579 thousand six hundred sixty-six dollars sixty-six cents and six 

8580 mills to the Wyandotte Nation,, one thousand six hundred 

8581 sixty-six dollars sixty-six cents and six mills to the Potta- 

8582 watamie Nation, and likewise an annuity forever , of two thousand 

8583 four hundred dollars, to be paid at Detroit, in manner as afore- 

8584 said ; the first payment to be made on the first day of September 

8585 next, and to be paid to the different nations in the following pro- 
858G portions : Eight hundred dollars to the Ottaways, eight hundred 

8587 dollars to the Ohippeways, four hundred dollars to the Wyan- 

8588 dottes, and four hundred dollars to such of the Pottawatamies 

8589 as now reside on the river Huron of Lake Erie, the river Raisin, 

8590 and in the vicinity of the said rivers. 

8591 Article 3. It is further stipulated and agreed, if at any 

8592 time hereafter the said nations should be of the opinion that it 

8593 would be more for their interest that the annuity aforesaid 

8594 should be paid by instalments, the United States will agree to 

8595 a reasonable commutation for the annuity, and pay it accord- 

8596 ingly. 

8597 AitTiCLK 4. The United States, to manifest their liberality 

8598 and disposition to encourage the said Indians in agriculture, 

8599 further stipulate to furnish the said Indians with two hlack- 

8600 .smiths, one to reside with the Ohippeways, at Sagnina, and the 

8601 other to reside with the Ottaways, at the Miami, during the 

8602 term of ten years; said blacksmiths are to do such work for the 

8603 said nations as shall be most useful to them. 

8604 AUTiCLE 5. It is further agreed and stipulated that the 

8605 said Indian nations shall enjoy the privilege of hunting and ftsh- 

8606 ing on the lands ceded as aforesaid as long as they remain the 

8607 property of the United States. 

8608 Article 6. It is distinctly to be understood, for the accom- 

8609 modation of the said Indians, that the following tracts of land 

8610 within the cession aforesaid shall be, and hereby are, reserved to 

8611 the said Indian nations ; one tract of land six miles squai'e, on the 

8612 Miami of Lake Erie, above Boche de Bceuf, to include the village 

8613 where Tondaganie (or the Dog) now lives. Also, three miles 

25 IT 



194 

8614 square on the said river, (above the twelve miles square ceded 

8615 to the United States by the treaty of Greenville,) including 

8616 what is called Presque Isle; also four miles square on the Miami 

8617 Bay, including the villages where MesMemau and Waugau now 

8618 live; also three miles square on the river Baisin, at a place 

8619 called Macon, and where the river Macon falls into the river 

8620 Eaizin, which place is about fourteen miles from the mouth of 

8621 said river Raizin ; also two sections, of one mile square each, on 

8622 the river Rouge, at SeginH'kcMs village; also two sections, of one 

8623 mile square each, at Tow.g'MM's village,, near the river .EoM(/e; 

8624 also three miles square on Lake St. Clair, above the river Ha- 

8625 ron, to include Machonce's village; also, six sections, each sec- 

8626 tion containing one mile square, within the cession aforesaid, in 

8627 such situations as the said Indians shall elect, subject, however, 

8628 to the approbation of the President of the United States as to 

8629 the places of location. It is further understood and agreed, 

8630 that whenever the reservations cannot conveniently be laid out 

8631 in squares, they shall be laid out in paralelogratns, or other 

8632 figures, as found most practicable and convenient, sd as to con* 

8633 tain the area specified in miles, and in all cases they are to be 

8634 located in such manner and in such situations as not to inter-. 

8635 fere with any improvements of the French or other white peo- 

8636 pie, or any former cessions. 

8637 Abticle 7. The said nations of Indians acknowledge them- 

8638 selves to be under the protection of the United States, and no 

8639 other power, and wil). prove by* their conduct that they are 

8640 worthy of so great a blessing. 
S641 Proclaimed January 27, 1808. 



8642 CHiPPP]WAS, OTTAWAS, AND POTTAWOTTOMIES, ETC. 

8643 Articles of a treaty made and concluded at Brownstown, in the 

8644 Territory of Michigan, between William Hull, governor of the 

8645 said Territory, superintendent of Indian affairs, and commis- 
8640 sioner plenipotentiary of the United Slates of America for 

8647 concluding any treaty or treaties which may he found neces- 

8648 sary icith any of the Indian tribes northwest of the river 

8649 Ohio, of the onepctrt, and the sachems, chiefs, and warriors of 

8650 the Chippewa, Ottawa, Pottawatamie, Wyandot, and 8haw- 

8651 anoese Nations of Indians, of the other part. 

8652 Article 1. Whereas by a treaty concluded at Detroit, on the 

8653 seventeenth day of November, in the year of our Lord one thou- 

8654 sand eight hundred and seven, a tract of land lying to the west 



195 

8655 and uorth of the river Miami, of Lake Erie, and principally 

8656 witbin the Territory of Michigan, was ceded by the Indian na- 

8657 tions to the United States ; and whereas the lauds lying on the 

8658 southeastern side of the said river Miami, and between said 

8659 river and the boundary-lines established by the treaties of 
86G0 Greenville and Fort Industry, with the exception of a few small 

8661 reservations to the United States, still belong to the Indian 

8662 nations, so that the United States cannot, of right, open and 

8663 maintain a convenient road from the settlements in the State of 

8664 Ohio to the settlements in the Territory of Michigan, nor ex- 

8665 tend those settlements so as to connect them ; in order, there- 

8666 fore, to promote this object, so desirable and evidently beneficial 

8667 to the Indian nations as well as to the United States, the parties 

8668 have agreed to the following articles, which, when ratified by 

8669 the President of the United States, by and with the advice and 

8670 consent of the Senate thereof, shall be reciprocally binding. 

8671 Akticlb 2. The several nations of Indians aforesaid, in 

8672 order to promote the object mentioned in the preceding article, 

8673 and in consideration of the friendship they bear towards the 

8674 United States, for the liberal and benevolent policy which has 

8675 been practised toward them by the Government thereof, do 

8676 hereby give, grant, and cede unto the said United States a 

8677 tract of land for a road, of one hundred and twenty feet in 

8678 weadth, from the foot of the rapids of the river Miami of Lake 

8679 Erie to the western line of the Connecticut reserve, and all the 

8680 land within one mile'of the said road, on each side thereof, for 

8681 the purpose, of establishing settlements along the same; also a 

8682 tract of land,, for a road only, of one hundred and twenty feet in 

8683 weadth, to run southwardly from what is called Lower San- 

8684 dusky, to the boundary-line established bj' the treaty of Greeu- 

8685 ville, with the privilege of taking at all times such timber and 

8686 other materials from the adjacent lands as may be necessary 

8687 for making and keeping in repair the said road, with the bridges 

8688 that may be required aloug the same. 

8689 Aeticle 3. It is agreed, that the lines embracing the lands 

8690 given and ceded by the preceding article shall be raw in such 

8691 directions as may be thought most adviseable by the President 

8692 of the United States for the purposes aforesaid. 

8693 Article 4. It is agreed that the said Indian nations shall 

8694 retain the privilege of hunting and fishing on the lands given 

8695 and ceded as above, so long as the same shall remain the prop- 

8696 erty of the United States. 

8697 Article 5. The several nations of Indians aforesaid do 

8698 again acknowledge themselves to be under the protection of the 

8699 United States, and of no other sovereign ; and the United States 

8700 on their part do renew their covenant, to extend protection to 



196 

8701 them according to the intent and meaning of stipulations in 

8702 former treaties, 

8703 Proclaimed March 3, 1809. 

8701 A Treaty between the United States of America and the Wyandot, 

8705 Belaivare, Seneca, Shawanoe, Miami, Chippewa, Ottawa, and 

8706 Potawatimie tribes of Indians, residing within the limits of 

8707 the State of Ohio and the Territories of Indiana and Michigan. 

8708 Whereas the Chippewa, Ottawa, and Potawatimie tribes 

8709 of Indians, together with certain bands of the Wyandot, Dela- 

8710 ware, Seneca, Shawanoe, and Miami tribes, were associated with 

8711 Great Britain in the late war between the United States and that 

8712 power, and have manifested a disposition to be restored to the 

8713 relations of peace and amity with the said States ; and the Presi- 

8714 dent of the United States having appointed William Henry 

8715 Harrison, late a major-general in the service of the United 

8716 States, Duncan M' Arthur, late a brigadier in the service of the 

8717 United States, and John Graham, esquire, as commissioners to 

8718 treat with the said tribes ; the said commissioners and the sa- 

8719 chems, head-men, and warriors of said tribes, having met in 

8720 council at the Spring Wells, near the city of Detroit, have agreed 

8721 to the following articles, which, when ratified by the President, 

8722 by and w^th the advice and consent of the Senate of the United 

8723 States, shall be binding on them apd the said tribes : 

8724 Article 1. The United States give peace to the Cbippo- 

8725 wa, Ottawa, and Potawatimie tribes. 

8726 Akticlb 2. They also agree to restore to the said Cbippe- 
,8727 wa, Ottawa, and Potawatimie tribes all the possessions, rights, 

8728 and privileges which they enjoyed, or were entitled to, in the 

8729 year one thousand eight hundred and eleven, prior to the com- 

8730 mencement of the late war with Great Britain ; and the said 

8731 tribes, upon their part, agree again to place themselves under 

8732 the protection of the United States, and of no other power what- 

8733 soever. ' 

8734 Article 3. In consideration of the fidelity to the United 

8735 States which has been manifested by the Wyandot, Delaware, 

8736 Seneca, and Shawanoe tribes throughout the late war, and of 

8737 the repentance of the Miami tribe, as manifested by placing them- 

8738 selves under the protection of the United States bj' the treaty 

8739 of Greenville,- in eighteen hundred and fourteen, the said States 

8740 agree to pardon such of the chiefs and warriors of said tribes as 

8741 may have continued hostilities against them until the close of the 

8742 war with Great Britain, and to permit the chiefs of their respec- 

8743 tive tribes to restore them to the stations and property which 

8744 they held previously to the war. 



197 

8745 Article 4. Tbe Uuited States aud the before-mentioued 

8746 tribes or nations of Indians, that is to say, the Wyandot, Dela- 

8747 ware, Senaca, Shawanoe, Miami, Chippewa, Ottawa, and Pota- 

8748 watimies, agree to renevr aud conflrm the treaty of Greenville , 

8749 made in the year one thousand seven hundred and ninety-five, 

8750 and all subsequent treaties to which they were, respectively, 

8751 parties, and the same are hereby again ratified and confirmed 
87515 in as full a manner as if they were inserted in this treaty. 

8753 Ratified Dec. 26, 1815. 

8754 Artioles oj a treaty made and concluded, at the foot of the rapids 

8755 of the Miami of Lake Erie, between Lewis Cass and Duncan 

8756 • McArthur, commissioners of the United States, icith full power 

8757 and authority to hold conferences, and conclude and sign a treaty 

8758 or treaties with all or any of the tribes or nations of Indians 

8759 within the boundaries of the State of Ohio, of and concerning 

8760 all matters interesting to the United States and the said nations 

8761 of Indians, on the one part ; and the sachems, chiefs, and icar- 

8762 rioi-s of the Wyandot, Seneca, Belaivare, Shawanese, Pota- 

8763 watomees, Ottairas, and Ghippeway tribes of Indians. 

8764 Article 1. The Wyandot tribe of Indians, in consideration 

8765 of the stipulations herein made on the part of the United States, 

8766 do hereby forever cede to the United States the lands compre- 

8767 hended within the following lines and boundaries : Beginning 

8768 at a point on the southern shore of Lake Erie, where the present 

8769 Indian boundary -line intersects the same, between the mouth of 

8770 Sandusky Bay and the mouth of Portage Eiver ; thence running 

8771 south with said line, to the line established in the year one thou- 

8772 sand seven hundred and ninety-five, by the treaty of Greenville, 

8773 which runs from the crossing-place above Fort Lawrence to 

8774 Loramie's store ; thence westerly, with the last mentioned line, 

8775 to the eastern line of the reserve at Loramie's store ; thence with 

8776 the lines of said reserve, north and west, to the northwestern 

8777 corner thereof; thence to the northwestern corner of the reserve 

8778 oh the river St. Mary's, at the head of the navigable waters 

8779 thereof; thence east, to the western bank of the St. Mary's 

8780 River aforesaid ; thence down on the western bank of the said 

8781 river, to the reserve at Fort Wayne ; thence with the lines of 

8782 the last-mentioned reserve, easterly and northerly, to the north 

8783 bank of the river Miami of Lake Erie ; thence down on the north 

8784 bank of the said river, to the western line of the land ceded to 

8785 the United States by the treaty of Detroit in the year one thou- 

8786 sand eight hundred and seven ; thence with the said line south, 

8787 to the middle of said Miami Eiver, opposite the mouth of the 

8788 Great Auglaize River ; thence down the middle of said Miami 



19« 

8789 Eiver, and easterly with the lines of the tract ceded to the United 

8790 States by the treaty of Detroit aforesaid, so far that a south line 

8791 will strike the place of beginning. 

8792 Article 2. The Potawatomy, Ottawas, and Ohippeway 

8793 tribes of Indians, in consideration of the stipulations herein 

8794 made on the part of the United States, do hereby forever cede 

8795 to the United States the land comprehended within the foUow- 

8796 ing lines and boundaries : Beginning where the western line of 

8797 the State of Ohio crosses the river Miami of Lake Erie, which is 

8798 about twenty-one miles above the mouth of the Great Auglaize 

8799 Eiver ; thence down the middle of the said Miami Eiver, to a 

8800 point north of the mouth of the Great Auglaize Eiver ; thence 

8801 with the western line of the land ceded to the United States by 

8802 the treaty of Detroit, in one thousand eight hundred and seven, 

8803 north forty-five miles ; then west, so far that a line south will 

8804 strike the place of beginning; thence south to the place of 

8805 beginning. 

8806 Article 3. The Wyandot, Seneca, Delaware, Shawnese, 

8807 Potawatomy, Ottawas, and Ohippeway tribes of Indians accede 

8808 to the cessions mentioned in the two preceding articles. 

8809 Article 4. In consideration of the cessions and recogni- 

8810 tions stipulated in the three preceding articles, the United States 

8811 agree to pay to the "Wyandot tribe, annually, forever, the sum of 

8812 four thousand dollars, in specie, at UpiJer Sandusky. To the 

8813 Seneca tribe, annually, forever, the sum of five hundred dollars, 

8814 in specie, at Lower Sandusky. To the Shawnese tribe, annually, 

8815 forever, the sum of two thousand dollars, in specie, at Wapagh- 

8816 konetta. To the Potawatomy tribe, annually, for the term of 

8817 fifteen jears, the sum of one thousand three hundred dollars, iu 

8818 specie, at Detroit. To the Ottawas tribe, annually, for the term 

8819 of fifteen years, the sum of one thousand dollars, in specie, at 

8820 Detroit. To the Chippewa tribe, annually, for the term of fifteen 

8821 years, the sum of one thousand dollars, in specie, at Detroit. 

8822 To the Delaware tribe, in the course of the year one thousand 

8823 eight hundred and eighteen, the sum of five hundred dollars, in 

8824 specie, at Wapaghkonetta, but no annuity. And the United 

8825 States also agree that all annuities due by any former treaty 

8826 to the Wyandot, Shawnese, and Delaware tribes, and the an- 

8827 unity due by the treaty of Greenville to the Ottawas and Chip- 

8828 pewas tribes, shall be paid to the said tribes, respectively, in 

8829 specie. 

8830 Article 5. The schedule hereunto annexed is to be taken 

8831 and considered as a part of this treaty ; and the tracts herein 

8832 stipulated to be granted to the "Wyandot, Seneca, and Shaw- 

8833 nese tribes of. Indians are to be granted for the use of the 



199 

8834 persons meutionetl iu the said schedule, agreeably to the de - 

8835 scriptions, provisions, and limitations therein contained. 

8836 Article 6. The United States agree to grant, by patent, iu 

8837 fee simple, to Doanquod, Howoner, Rontondee, Taayau, Ronta- 

8838 yau,Dawatont,Manocae,Tauyaudautauson,andHaudaunwaug]i, 

8839 chiefs of the Wyandot tribe, and their successors in office, chiefs 

8840 of the said tribe, for the use of the persons and for the pur- 

8841 poses mentioned in the annexed schedule, a tract of land twelve 

8842 miles square, at Upper Sandusky, the centre of which shall be 

8843 the place where Fort Perree stands ; and also a tract of one mile 

8844 square, to be located where the chiefs direct, on a cranberry 

8845 swamp, on Broken Sword Greek, and to be held for the nse of 

8846 the tribe. 

8847 The United States also agree to grant, by patent, in fee 
8848, simple, to Tahawmadoyaw, Captain Harris, Isahownusay, Joseph 

8849 Tawgyou, Captain Smith, Coffee-House, Running About, and 

8850 Wiping Stick, chiefs of the Seneca tribe of Indians, and their 

8851 successors in oflice, chiefs of the said tribe, for the use of the 

8852 persons mentioned in the annexed schedule, a tract of land, to 

8853 contain thirty thousand acres, beginning on the Sandusky River, 

8854 at the lower corner of the section hereinafter granted to William 

8855 Spicer ; thence down the said river on the east side, with the 

8856 meanders thereof, at high-water mark, to a point east of the 

8857 mouth of Wolf Creek ; thence, and from the beginning, east, 

8858 so far that a north line will include the quantity of thirty thou- 

8859 sand acres aforesaid. • 

8860 The United States also agree to grant, by patent in fee 

8861 simple, to Catewekesa or Black Hook, Byaseka or Wolf, Pomthe 

8862 or Walker, Shemenetoo or Big Snake, Othawakeseka or Yellow 

8863 Feather, Chakalowah or the Tail's End, Pemthala or John 

8864 Perry, Wabejpee or White Colour, chiefs of the Shawnese tribe, 

8865 residing at Wapaghkonetta, and their successors in office, chiefs 

8866 of the said tribe, residing there, for the use of the persons 

8867 mentioned in the annexed schedule, a tract of land ten miles 

8868 square, the center of which shall be the council-house at Wapagh- 

8869 konetta. 

8870 The United States also agree to grant, by patent in fee 

8871 simple, to Peeththa or Falling Tree, and to Onowaskemo or the 

8872 Resolute Man, chiefs of the Shawnese tribes, residing on Hog 

8873 Creek, and their successors in ofiSce, chiefs of the said tribe, re- 

8874 siding there, for the use of the persons mentioned in the annexed 

8875 schedule, a tract of land containing twenty-five square miles, 

8876 which is to join the tract granted at Wapaghkonetta, and to in. 

8877 elude the Shawnee Settlement, on Hog Creek, and to be laid off 

8878 as nearly as possible in a square form. 

8S79 The United States also agree to grant, by patent in fee sim- 



200 

8880 pie, to Quatawape or Captain Lewis, Shekaghela or Turtle, 

8881 Skilowa or Eobin, chiefs of the Shawnese tribe of Indians re- 

8882 siding at Lewistown. and to Mesomea or Civil John, Wakawnx- 

8883 sheno or the White Man,Oc[uesheno or Joe, and Willaquasheno 

8884 or When you are tired sit down, chiefs of the Seneca tribe of 

8885 Indians residing at Lewistown, and to their successors in office, 

8886 chiefs of the said Shawnese and Seneca tribes, for the use of the 

8887 persons mentioned in the annexed schedule, a tract of land to 

8888 contain forty-eight square miles, to begin at the intersectipn of 

8889 the line run by Charles Roberts, in the year one thousand eight 

8890 hundred and twelve, from the source of the Little Miami Eiver 

8891 to the source of the Sciota Eiver, in pursuance of instructions 

8892 from the commissioners appointed on the part of the United 
SS93 States, to establish the western boundary of the Virginia Mili- 

8894 tary Reservation, with the Indian boundary-line established by 

8895 the treaty of Greenville, in one thousand seven hundred and 

8896 ninety-five, from the crossingsiibove Fort Lawrance to Lorq,mie's 

8897 store, and to run from such intersection, northerly, with the 

8898 first mentioned line, and westerly, with the second mentioned 

8899 line, so as to include the quantity as nearly in a square form as 

8900 practicable, after excluding the section of land hereinafter 

8901 granted to Nancy Stewart. 

8902 There shall also be reserved for the use of the Ottawas lu- 

8903 dians, but not granted to them, a tract of land on Blancliard's 

8904 fork of the Great Auglaize River, to contain five miles square, 
•8905 the centre of which tract is to -be where the old trace crosses 

8906 the said fork, and one other tract, to contain three miles square, 

8907 on the Little Auglaize Eiver, to include Oquano^a's village. 

8908 Aeticle 7. And the said chiefs or their successors may, at 
8909' any time they may think proper, convey to either of the persons 

8910 mentioned in the said schedule, or his heirs, the quantity se- 

8911 cured thereby to him, or may refuse so to do. But the use of 

8912 the said land shall be in the said person ; and after the share of 

8913 any person is conveyed by the chiefs to him, he may convey the 
- 8914 same to any person whatever. And any one entitled by the 

8915 said schedule to a portion of the said land, may, at any time, 

8916 convey the same to any person, by obtaining the approbation of 

8917 the President of the United States, or of the person appointed 

8918 by him to give such approbation. And the agent of the United 

8919 States shall make an equitable partition of the said share when 

8920 conveyed. 

8921 Article 8. At the special request of the said Indians, the 

8922 United States agree to grant by patent in fee simple, to the 

8923 persons hereinafter mentioned, all of whom are connected with 

8924 the said Indians, by blood or adoption, the ti-acts of land herein 

8925 described : 



201 

8926 To Elizabeth Whitaker, wbo was taken prisoner by the 

8927 Wyandots, and has ever since lived among them, twelve hua- 

8928 dred and eighty acres of land, on the west side of the Sandusky 

8929 Eiver, below Groghansville, to be laid off in a square form, as 

8930 nearly as the meanders of the said river will admit, and to run 

8931 an equal distance above and below the house in which the said 

8932 Elizabeth Whitaker now lives. 

8933 To Robert Armstrong, who was taken prisoner by the lu- 

8934 dians, and has ever since lived among them, and has married a 

8935 Wyandot woman, one section, to contain six liundred and forty 

8936 acres of land, on the west side of the Sandusky Eiver, to begin 

8937 at the place called Camp Ball, and to run up the river, with the 

8938 meanders thereof, one hundred and sixty poles, and from the 

8939 beginning, down the river, with the meanders thereof, one hun- 

8940 dred and sixty poles, and from the extremity of these lines west 

8941 for quantity. 

8942 To the children of the late William M'Collock, who was 

8943 killed in August, one thousand eight hundred and twelve, near 

8944 Maugaugon, and who are quarter-blood Wyandot Indians, one 

8945 section, to contain six hundred and forty acres of land, on the 

8946 west side of the Sandusky River, adjoining the lower line of the 

8947 tract hereby granted to Robert Armstrong, and extending in the 

8948 same manner with and from the said river. 

8949 To John Van meter, who was taken prisoner by the Wyan- 

8950 dots, and who Las ever since lived among them, and has mar- 

8951 ried a Seneca woman, and to his wife's three brothers, Senecas, 

8952 who now reside on Honey Creek, one thousand acres of land, 

8953 to begin north, forty-iive degrees west, and one hundred and 

8954 fortj'' poles from the house in which the said John Vanmeter 

8955 now lives, and to run thence south three hundred and twenty 

8956 poles, thence and from the beginning east for quantity. 

8957 To Sarah Williams, Joseph Williams, and Rachel Nugent, 

8958 late Rachel Williams, the said Sarah having been taken prisoner 

8959 by the Indians, and ever since lived among them, and being the 

8960 widow, and the said Joseph and Rachel being the children, of 

8961 the late Isaac Williams, a half-blood Wyandot, one quarter-sec- 

8962 tion of land, to contain one hundred and sixty acres, on the 

8963 east side of the Sandusky River, below Croghausville, and to 

8964 include their improvements at a place called Negro Point. 

8965 To Catharine Walker, a Wyandot woman, and to John R. 

8966 Walker, her son, who was wounded in the service of the United 

8967 States, at the battle of Maugaugon, in one thousand eight hun- 

8968 dred and twelve, a section of six hundred and forty acres of 

8969 land each, to begin at the northwestern corner of the tract 

8970 hereby granted to John Vanmeter and his wife's brothers, and 

26 I T 



202 

8971 to run with the line thereof soath three hundred and twenty 

8972 poles, thence and from the beginning west for quantity. 

8973 To William Spicer, who was taken prisoner by the Indians, 

8974 and has ever since lived among them, and has married a Seneca 

8975 woman, a section of land, to contain six hundred and forty 

8976 acres, beginning on the east bank of the Sandusky Eiver, forty 

8977 poles below the corner of said Spicer's corn-field, thence up the 

8978 river on the east side, with the meanders thereof, one mile, 

8979 thence and from the beginning east for quantity. 

8980 To Nancy Stewart, daughter of the late Shawnese chief 

8981 Blue Jacket, one section of land, to contain six hundred and 

8982 forty acres, on the Great Miami Eiver below Lewistown, to in- 

8983 elude her present improvements, three quarters of the said sec- 

8984 tion to be on the southeast side of the river, and one quarter on 

8985 the northwest side thereof. 

8986 To the children of the late Shawnese chief Captain Logan, 

8987 or Spamagelabe, who fell in the service of the United States 

8988 during the late war, one section of land, to contain six hundred 

8989 and forty acres, on the east side of the Great Auglaize Eiver, 

8990 adjoining the lower line of the grant of ten miles at Wapagh- 

8991 konetta and the said river. 

8992 To Anthony Shane, a half blood Ottawas Indian, one sec- 

8993 tion of land, to contain six hundred and forty acres, on the east 

8994 side of the river St. Mary's, and to begin opposite the house in 

8995 which the said Shane now lives, thence up the river, with the 

8996 meanders thereof, one hundred and sixty poles, and from the 

8997 beginning down the river, with the meanders thereof, one 

8998 hundred and sixty poles, and from the extremitj' of the said 

8999 lines east for quantity. 

9000 To James M'Pherson, who was taken prisoner by the 

9001 Indians, and has ever since lived among them, one section of 

9002 land, to contain six hundred and forty acres, in a square form, 

9003 adjoining the northern or western line of the grant of forty- 

9004 eight miles at Lewistown, at such place as he may think proper 

9005 to locate the same. 

9006 To Horonu or the Cherokee Boy, a AVyandot chief,- a sec- 

9007 tion of land, to contain six hundred" and forty acres, on the 

9008 Sandusky Eiver, to be laid off in a square form, and to include 

9009 his improvements. 

9010 To Alexander D. Godfrey and Eichard Godfrey, adopted 

9011 children of the Potawatomy tribe, and at their special request, 

9012 one section of land, to contain six hundred and forty acres, in 

9013 the tract of country herein ceded to the United States by the 

9014 Potawatomy, Ottawas, and Chippewas tribes, to be located by 

9015 them, the said Alexander and Eichard, after the said tract shall 

9016 have been surveyed. 



203 

9017 To Sawendel)ans or the Yellow Hair or Peter Miaor, an 

9018 adopted son of Tondaganie or the Hog, and at the special 

9019 request of the Ottawas, out of the tract reserved by the treaty 

9020 of Detroit, in one thousand eight hundred and seven, above 

9021 Eoche de Bceuf, at the village of the said Dog, a section of land, 

9022 to contain six hundred and forty acres, to be located in a square 

9023 form, on the north side of the Miami, at the Wolf Eapid. 

9024 Akticle 9. The United States engage to appoint an agent, 

9025 to reside among or near the Wyandots, to aid them in the pro- 

9026 tection of their persons and property, to manage their inter. 

9027 course with the Government and citizens of the United States, 

9028 and to discharge the duties which commonly appertain to the 

9029 office of Indian agent ; and the same agent is to execute the 

9030 same duties for the Senecas and Delawares on the Sandusky 

9031 Eiver. And an agent for similar purposes, and vested with - 

9032 similar powers, shall be appointed to reside among or near the 

9033 Shawnese, whose agency shall include the reservations at 

9034 "Wapaghkonetta, at Lewistown, at Hog Greek, and at Blanchard's 

9035 Creek. And one mile square shall be reserved at Malake for the 

9036 use of the agent for the Shawnese. 

9037 And the agent for the Wyandots and Senecas shall occupy 

9038 such land in the grant at Upper Sandusky as may be necessary 

9039 for him and the persons attached to the agency. 

9040 Akticle 10. The United States engage to erect a saw-mill 

9041 and a grist-mill, upon some proper part of the Wyandot reser- 

9042 vation, for their use, and to provide and maintain a blacksmith, 

9043 for the use of the Wyandots and Senecas, upon the reservation 

9044 of the Wyandots, and another blacksmith, for the use of the 

9045 Indians at Wapaghkonetta, Hog Creek, and Lewistown. 

9046 Article 11. The stipulations contained in the treaty of 

9047 Greenville, relative to the right of the Indians to hunt upon the 

9048 land hereby ceded, while it contiuues the property of the United 

9049 States, shall apply to this treaty ; and the Indians shall for the 

9050 same term enjoy the privilege of making sugar upoTi the same 

9051 land, committing no unnecessary waste upon the trees. 

9052 Article 12. The United States engage to pay, in the 

9053 course of the year one thousand eight hundred and eighteen, 

9054 the amount of the damages which were assessed by the 

9055 authority of the Secretary of War, in favour of several tribes 

9056 and individuals of the Indians, who adhered to the cause of 

9057 the United States during the late war with Great Britain, and 

9058 whose property was, in consequence of such adherence, injured 

9059 or destroyed. And it is agreed that the sums thus assessed 

9060 shall be paid in specie, at the places, and to the tribes or indi- 

9061 viduals hereinafter mentioned, being in conformity with the said 

9062 assessment, that is to say : 



204 

9063 To the Wyandots, at Upper Sandusky, four thousand three 

9064 hundred and nineteen dollars and thirty-nine cents. 

9065 To the Senecas, at Lower Sandusky, three thousand nine 

9066 hundred and eighty-nine dollars and twenty-four cents. 

9067 To the Indians at Lewis and Scoutashs towns, twelve hun- 

9068 dred and twenty-seven dollars and fifty cents. 

9069 To the Delawares, for the use of the Indians who suifered 

9070 losses at Greentown and at Jerome's town, three thousand nine 

9071 hundred and fifty-six; dollars and fifty cents, to be paid at Wa- 

9072 paghkonetta. 

9073 To the representatives of Hembis, a Delaware Indian, three 

9074 hundred and forty-eight dollars and fifty cents, to be paid at 

9075 Wapaghkonetta. 

9076 To the Shawnese, an additional sum of four hundred and 

9077 twenty dollars, to be paid at Wapaghkonetta. 

9078 To the SenecaSj an additional sum of two hundred and 

9079 pineteen dollars, to be paid at Wapaghkonetta. 

9080 Article 13. And whereas the sum of two thousand five 

9081 hundred dollars has been paid by the United States to the 

9082 Shawnese, being one-half of five years' annuities due by the 

9083 treaty of Fort Industry, and whereas the Wyandots contend 

9084 that the whole of the annuity secured by that treaty is to be 

9085 paid to them and a few persons of the Shawnese and Senecas 

9086 tribes J now, therefore, the commissioners of the United States, 

9087 believing that the construction given by the Wyandots to the 

9088 said treaty is correct, engage that the United States shall pay 

9089 to the said Wyandot tribe, in specie, in the course of the year 

9090 one thousand eight hundred and eighteen, the said sum of two 

9091 thousand five hundred dollars. 

9092 Article 14. The United States reserve, to the proper 

9093 authority the right to make roads through any part of the land 

9094 granted or reserved by this treaty ; and also to the different 

9095 agents the right of establishing taverns and ferries for the ac- 

9096 commodation of travelers, should the same be found necessary. 

9097 Article 15. The tracts of land herein granted to the chiefs 

9098 for the use of the Wyandot, Shawnese, Seneca, and Delaware 

9099 Indians, and the reserve for the Ottawa Indians, shall not be 

9100 liable to taxes of any kind so long as such land continues the 

9101 property of the said Indians. 

9102 Article 16. Some of the Ottawa, Chippewa, and Pota- 

9103 watomy tribes being attached to the Catholick religion, and be- 

9104 lieving they may wish some of their children hereafter educated, 

9105 do grant to the rector of the Catholick church of St. Anne, of De- 

9106 troit, for the use of the said church, and to the corporation of 

9107 the college at Detroit for the use of the said college, to be re- 

9108 tained or sold, as the said rector and corporation may judge ex- 



205 

9109 pedient, each one-half of three sections of land, to contain six 

9110 hundred and forty acres, on the river Eaisin, at a place called 

9111 Macon, and three sections of land not yet located, which tracts 

9112 were reserved for the nse of the said Indians by the treaty of 

9113 Detroit in one thousand eight hundred and seven ; and the su- 

9114 perintendent of Indian affairs in the territory of Michigan is 

9115 authorized, on the part of the said Indians, to select the said 

9116 tracts of land. 

9117 Article 17. The United States engage to pay to any ot 

9118 the Indians the value of any improvements which they may be 

9119 obliged to abandon in consequence of the lines established by 

9120 this treaty. 

9121 Article 18. The Delaware tribe of Indians, in considera- 

9122 tion of the stipulations herein made on the part of the United 

9123 States, do hereby forever cede to the United States all the claim 

9124 which they have to the thirteenth sections of land reserved for 

9125 the use of certain persons of their tribe, by the second section 

9126 of the act of Congress, passed March the third, one thousand 

9127 eight hundred and seven, providing for the disposal of the lands 

9128 of the United States between the United States Military Tract 
"9129 and the Connecticut Reserve, and the lands of the United States 

9130 between the Cincinnatti and Yincennes districts. 

9131 Article 19. The United States agree to grant, by patent in 

9132 fee simple, to Zeeshawau or James Armstrong, and to Sanon- 

9133 doyourayquaw or Silas Armstrong, chiefs of the Delaware In- 

9134 dians, living on the Sandusky waters, and their successors in 

9135 offlce, chiefs of the said tribe, for the use of the persons men- 

9136 tioned in the annexed schedule, in the same manner, and subject 

9137 to the same conditions, provisions, and limitations as is herein- 

9138 before provided for the lands granted to the Wyandot, Seneca, 

9139 and Shawnese Indians, a tract of land, to contain nine square 

9140 miles, to join the tract granted to the Wyandots of twelve miles 

9141 square, to be laid off as nearly in a square form as practicable, 

9142 and to include Captain Pipe's village. 

9143 Article 20. The United States also agree to grant, by 

9144 patent, to the chiefs of the Ottawas tribe of Indians, for the use 

9145 of the said tribe, a tract of land, to contain thirty-four square 

9146 miles, to be laid out as nearly in a square form as practicable, 

9147 not interfering with the lines of the tracts reversed by the treaty 

9148 of Greenville on the south side of the Miami River of Lake Erie, 

9149 and to include Tashquegan, or M'Carty's village ; which tracts, 

9150 thus granted, shall be held by the said tribe, upon the usual 

9151 conditions of Indian reservations, as though no iiatent were 

9152 issued. 

9153 Article 21. This treaty shall take effects and be obligatory 



206 

9154 on the contracting parties, as soon as the same shall have been 

9155 ratified by the President of the United States, by and with the 

9156 advice and consent of the Senate thereof. 

9157 Proclaimed January 4, 1819. 

9158 Schedule referred to in the foregoing treaty, and to he taken and 

9159 considered as part thereof. 

9160 Three sections, to contain six hundred and forty acres each, 

9161 are to be reserved out of the tract of twelve miles square to be 

9162 granted to the Wyandots. One of the said sections is to be ap- 

9163 propriated to the use of a missionary, one for the support of 

9164 schools, and one for the support of mechanics, and to be under 

9165 the directioa of the chiefs. Two sections, of six hundred and 

9166 forty acres each, are to be granted to each of the following per- 

9167 sons, being the chief of the Wyandot tribe, and his six coun- 

9168 sellors, namely: Doouquod or half king; Eoutouda or War- 

9169 pole ; Tauyaurontoyou or Between the logs ; Dawatout or John 

9170 Hicks ; Manocue or Thomas ; Sauyoudautausaw or George Euuh ; 

9171 and Hawdowuwaugh or Matthews. 

9172 And, after deducting the iifteen sections thus to be disposed 

9173 of, the residue of the said tract of twelve miles square is to be 

9174 equally divided among the following persons, namely: Hoocue, 

9175 Eoudootouk, Mahoma, JSTaaton, Mautanawto, Maurunquaws, 

9176 Naynuhanky, Abrm. Williams, sen., Squautaugh, Tauyouranuta, 

9177 Tahawquevouws, Dasharows, Trayhetou, Hawtooyou, Maydoun- 

9178 aytove, Neudooslau, Deecalrautousay, Houtooyemaugh, Datoo- 

9179 wawna, Matsaye-aanyourie, James Eanken, Sentumass, Tahau- 

9180 toshowwedaj Madudara, Shaudauaye, Shamadeesay, Sommodo- 

9181 wot, Moautaau, Nawsottomaugh, Maura wskinquaws, Tawtoo- 

9182 lowme, Shawdouyeayourou, Showweno, Dashoree,Sennewdorow, 

9183 Toayttooraw, Mawskattaugh, TahawshodeUyea, Haunarawreu- 

9184 dee, Shauromou, Tawyaurontoreyea, Eoumelay, Nadocays, Car- 

9185 ryumaudeutaugh, Bigarms, Madonrawcays, Haurauoot, Syhrun- 

9186 dash, Tahorowtsemdee, Eoosayn, Dautoresay, Nashawtoomous, 

9187 Skawduutoutee, Sanorowsha, Nautennee, Youausha, Aumatou- 

9188 row, Ohoutautoon, Tawyougaustayou, Sootonteeree, Dootooau, 

9189 Hawreewaucudee, Tourahatsa, Towntoreshaw, Syuwowataugb, 

9190 Oauyou, Omiztsehaw, Gausawaugh, Skashowayssquaw, Maw- 

9191 dovdoo, ISTarowayshaus, Nawcatay, Isuhowhayeato, Myatousha, 

9192 Tauoodowma, Youhreo, George Williams, Oharvatoy, Saharos- 

9193 sor, Isaac Williams, Sqindatee, Mayeatohot, Lewis Coon, Isa- 

9194 touque or John Goon, Tawaumanocay or E. Wright, Owawtatuu, 

9195 Isontraudee, Tomatsahoss, Sarrahoss, Tauyoureehoryeow, Sau- 

9196 dotoss, Toworordu or Big Ears, Tauomatsarau, Tahoroudoyoa 

9197 or Two, Daureehau, Dauoreenu, Trautohauweetough, Yourow- 



207 

9198 quains or the widow of the Crane, Caunaytoma, Hottomorrow, 

9199 Taweesho, Dauquausay, Toumou, Hoogaudoorow, Newdeetou- 

9200 tow, Dawhowhouk, Daushouteehawk, Sawaronuis, Norrorow- 

9201 Tawwass, Tawareroons, JSTeshaustay, Toharratough, Taurowto- 

9202 tucawaa, Youshindauyato,Tauosanays, Sadowerrais, Isauowtow, 

9203 touk or Fox Widow, Sauratoudo or William Zane, Hayanoise or 

9204 Ebenezer Zane, Mawcasharrow or widow M'Cullock, Susannah, 

9205 Teshawtaugh, Bawews, Tamataurank, Eazor, Eahisaus, Cudee- 

9206 tore, Shawnetaurew, Tatrarow, Cuqua, Yourowon, Sauyounaos- 

9207 kra, Tanorawayout, Howcuquawdorow, Gooyeamee, Dautsaqua, 

9208 Maudamu, Sanoreeshoc, Hauleeyeatausay, Gearoohee, Matosk- 

9209 rawtouk, Dawweeshoe, Sawyourawot, Nacudseoranauaurayk, 

9210 Youronurays, Scoiitash, Serroymuch, Hoondeshotch, Ishuskeah, 

9211 Dusharraw, Ondewaus, Duyewtale, Eoueyoutacolo, Hoonorow- 

9212 youtacob, Howorowdiiro, Nawanauiionelo, Tolhomanona, Ohiya- 

9213 mik, Tyyeakwheunohale, Aushevvhowole, Schowondashres, Mou- 

9214 dushawquaw, Tayoudrakele, Glveriahes, Sootreeshuskoh, Su- 

9215 youturaw, Tiudee, Tahorroshoquaw, Irahkasquaw, Ishoreameu- 

9216 suwat, Oaroweyottell, Noriyettete, Siyarech, Testeatete. 

9217 The thirty thousand acres of land for the Senecas upon the 

9218 Sandusky Eiver, is to be equally divided among the following 

9219 persons, namely : Syuwasautau, jSTawwene, Joseph, Iseumetaugh 

9220 or Picking up a club, Orawhaotodie or Turn over, Saudaurous 

9221 or Split the river, Tahowtoorains or Jo Smee, Ispomduare, Yel- 

9222 low-bay, Dashowrowramou or Drifting sand, Hauautouasquas, 

9223 Hamyautuhow, Tahocayn, Howdautauyeao or King George, 

9224 Standing Bones, Cyahaga or Fisher, Suthemoore, Eed Skin, Men 

9225 tauteehoore,Hyanashraman, or Knife in his hand, Eunning About, 

9226 John Smith, Carrying the Basket, Cauwauayor Striking, Eewau- 

9227 yeato or Carrying the news, Half up the Hill, Trowyoudoys or 

9228 G. Hunter, Spike Buck, Caugooshow or Clearing up, Mark on 

9229 his Hip, Captain Hams, Isetaune or Crying often, Taunerowya 

9230 or Two companies, Haudonwauays or Stripping the river, Iso- 

9231 hauhasay, or Tall chief, Tahowmandoyou, Howyouway or Pad- 

9232 dling. Clouding up, Youwautowtoyou or Burnt his body, She- 

9233 tonyouwee or Sweet foot, Tauhaugainstoany or Holding his 

9234 hand about, Oharrawtodee or Turning over, Haucaumarout, 

9235 Sarrowsauismatare or Striking sword, Sadudeto, Oshoutoy, or 

9236 Burning berry. Hard Hickory, Curetscetan, Youronocay or 

9237 Isaac, Youtradowwonlee, Ifewtauyaro, Tayouonte or Old foot, 

9238 Tauosanetee, Syuuout or Give it to her, Doonstough, or Hunch 

9239 on his forehead, Tyaudusout or Joshua Hendricks, Taushaus, 

9240 haurow or Cross the arms, Henry, Youwaydauyea or the Island- 

9241 Armstrong, Shake the Ground, His Neck Down, Youheno, Towot- 

9242 oy oudo or Looking at her. Captain Smith,Tobacco,Standing Stone, 

9243 Eonunaise or Wiping stick, Tarsduhatse or Large bones, Ham- 



208 

9244 anchagave, House-Fly or Maggot, Eoudouma or Sap running, 

9245 Big Belt, Cat Bone, Sammy, Taongauats or Bound the point, 

9246 Eamuye or Hold the sky, Mentoududu, Howuotant, Slippery 

9247 nose, Tauslowquowsay or Twenty wives, Hoogaurow or Mad 

9248 man, Coffee-house, Long Hair. 

9249 The tract of ten miles square at Wapaghkonetta is to be 

9250 equally divided among the following persons, namely : The Black 

9251 Hoof, Pomthe or Walker, Piaseka or Wolf, Shemenutu or Snake, 

9252 Ohtawakeseka or Yellow feather, Penethata or Perry, Chacalaway 

9253 or the End of the tail, Qnitawee or war chief, Sachachewa, 

9254 Wasewweela, Wassewela or Bright horn, Othawsa or Yellow, 

9255 Tepetoseka, Caneshemo, Newabetucka, Cawawescucka, Thokut- 

9256 chema, Setakosheka, Topee or James Saunders, Meshenewa, 

9257 Tatiape, Pokechaw, Alawaymotakah, Lalloway or Perry, Wab- 

9258 emee, Nemekoshe, Xeuepemeshequa or Cornstalk, Sheshe, Sha- 

9259 wabaghke,Naneskaka, Thakoska or David M'Nair, Skapakake, 

9260 Shapoquata, Peapakseka, Quaghquona, Quotowame, Mtaskeka, 

9261 Thakaskaor Spy buck, Pekathchseka, Tewaskoota or James Blue 

9262 Jacket, Calawesa, Quaho, Kaketchheka or W. Perry, Swapee, 
9363 Peckto or Davy Baker, Skokapowa or George M'Dougall, Che- 

9264 pakosa, Shemay or Sam, Chiakoska or Captain Tom, General 

9265 Wayne, Thaway, Othawee, Weeasesaka or Captain Eeed, Lew- 

9266 aytaka, Tegoshea or George, Skekacumsheka, Wesheshemo, 

9267 Mawenatcheka, Quashke, Thaswa, Baptiste, Waywalapee, Pes- 

9268 hequkame, Chakalakee or Tom, Keywaypee, Egotacumshe- 

9269 qua, Wabepee, Aquashequa, Pemotah, Nepaho, Takepee, Topo- 

9270 sheka, Latbawanomo, Sowaghkota or Yellow clouds, Meenke- 

9271 sheka, Asheseka, Ochipwaj^, Thapaeka, Chakata, 2!fakacheka, 

9272 Thathouakata, Paytokothe, Palaske, Shesbeloo, Quanaqua, Kal- 

9273 koo, Toghshena, Capowa, Ethowakosee, Quaquesha, Capea, Tha- 

9274 katcheway, The man going up hill, Magotha, Tecumtequa, Sete- 

9275 pakothe, Kekentha, Shiatwa, Shiabwasson, Koghkela, Akopee 

9276 or a Heep of any thing, Lamatothe, Kesha, Pankoor, Peitehtha- 

9277 tor or Peter, Metchepelah, Capeah, Showagame, Wawaleepe- 

9278 sheeka, Meewen shek a, Nanemepahtoo or Trotter, Pamitchepetoo, 

9279 Chalequa, Tetetee, Lesheshe, Ifawabasheka or White feather, 

9280 Skepakeskeshe, Tenakee, Shemaka, Pasbeto, Thiatcheto, Metche- 

9281 metche, Chacowa, Lawathska, Potchetee or the Man without a 

9282 tail, Awabaneshekaw, Patacoma, Lamakesheka, Papashow, 

9283 Weathaksheka, Pewaypee, Totah, Canaqua, Skepakutcheka, 

9284 Welviesa, Kitahoe, Neentakoshe, Oshaishe, Chilosee, Quilaisha, 

9285 Mawethaque, Akepee, Quelenee. 

9286 The tract of five miles square, at Hog Creek, is to be 

9287 equally divided among the following persons, namely: Peeth- 

9288 tha, Onowashim, Pematheywa, Wabekesheke, Leeso, Poh- 

9289 caywese, Shemagauashe, Nebquakahuoka, Papaskootepa, Mea- 

9290 mepetoo, Welawenaka, Petiska, Ketuckepe, Lawitchetee, Epau- 



209 

9291 mee, Ohanacke, Jose, Lanawtucka, Shawaynaka, Wawatasbewa, 

9292 Ketaksosa, Shashekopeah, Lakose, Qninaska. 

9293 The tract of forty-eight square miles, including Lewistown, is 

9294 to be equally divided among the following persons, namely : 

9295 Shawnoese — Colonel Lewis, Polly Kizer, Theueteseepuah or Weed, 

9296 Calossete, Vamauweke, Waucumsee, Skitlewa, Nayabepe, Wo- 

9297 sheta, Nopamago, Willesque, Salock, Walathe, Silversmith, 

9298 Siatha, Toseluo, Jemmy M-Donald, Jackson, Mohawk Thomas, 

9299 Silverheels, John, Wewachee, Cassic, Atsbena, Frenchman, 

9300 Squesenau, Goohunt, Manwealte, "Walisee, Billy, Thawwamee, 

9301 Wopsquitty, Naywale, Big Turtle, Kolawat, Nawalippa, Razor, 

9302 Blue, Tick, Nerer, Palling Star, Hale Clock, Hisoscock, Essqua- 

9303 seeto, Geore, Nuussome, Sauhanoe, Joseph, Scotowe, Battease, 

9304 Crow, Shilling, Scotta, Nowpour, ]S"ameawah, Quemauto, Snife, 

9305 Captain, Taudeteso, Sonrise, Sowget, Duettle LewJ^hJ Jis, 

9306 Jacquis, Tonaout, Swaunacou, General, Cussaboll, Bald, Crooked 

9307 Stick, Wespata, Newasa, Garter, Porcupine, Pocaloche, Wo- 

9308 cheque, Sawquaha, Bnata, Panther, Colesetos, Joe. Senecas — 

9309 Civil John, Wild Duck, Tall Man, Molasses, Ash, Nahanexa, 

9310 Tasauk, Agusqueuah, Rouglileg, Quequesaw, Playful, Hairlip, 

9311 Sientinque, Hillnepewayatuska, Tauliunsequa, Nynoah, Suchus- 

9312 que, Leemutque, Treuse, Sequate, Caumecus, Scowneti, Tocon- 

9313 dusque, Conhowdatwaw, Cowista, Nequatren, Cowhousted, Gill- 

9314 was, Axtaea, Conawwehow, Sutteasee, Kiahoot, Crane, Silver, 

9315 Bysaw, Crayflste, Woollyhead, Couundahaw, Shacosaw, Goindos, 

9316 Hutchequa, Nayau, Connodose, Coneseta, Nesluauta, Owl, Cou- 

9317 auka, Oocheco, Couewash, Sinnecowacheckowe or Leek. 

9318 The tract of three miles square for the Delaware Indians, 

9319 adjoining the tract of twelve miles square upon the Sandusky 

9320 Eiver, is to be equally divided among the following persons, 

9321 namely: Captain Pipe, Zeshauau or James Armstrong, Mahaw- 

9322 too or John Armstrong, Sanowdoyeasquaw or Silas Armstrong, 

9323 Teorow or Black Raccoon, Hawdorowwatistie or Billy Montour, 

9324 Buck Wheat, William Dondee, Thomas Lyons, Johnny Cake, 

9325 Captain Wolf, Isaac Hill, John Hill, Tishatahoones or widow 

9326 Armstrong, Ayenucere, Hoomaurow or John Ming, Youdorast. 



9327 CHIPPBWAS, MEN0M0NIE3, AND WlNEBAGOES. 

9328 Articles of a treaty made and concluded at the Butte des Marts, on 

9329 I^ox River, in the Territory of Michigan, between Lewis Cass 

9330 • and Thomas L. M^Kenney, commissioners on the part of the 

9331 United States, and the Chippewa, Menomonie, and Winsbago 

9332 tribes of Indians. 

27 IT 



210 

9333 Article 1. Whereas the southera boundary of the Ohip- 

9334 pewa country, from the Plover Portage of the Oaiscoasiu east- 
0335 erly, was left undeflued by the treaty concluded at Prairie dii 
933'3 Ohien, August 19, 1825, in consequence of the non-attendance 

9337 of some of the principal Menomonie chiefs ; and whereas it was 

9338 provided by the said treaty that, whenever the President of the 

9339 United States might think proper, such of the tribes, parties to 

9340 the said treaty, as might be interested in any particular line, 

9341 should be convened, in order to agree upon its establishment ; 

9342 Therefore, in pursuance of the said provision, it is agreed 

9343 between the Chippewas, Menomonies, and Winebagoes, that the 

9344 southern boundary of the Chippeway country shall run as fol- 

9345 lows, namely: From the Plover Portage of the Oaisconsin, on 

9346 a northeasterly course, to a point on Wolf River equidistant 

9347 from the Ashawano and Post Lakes of said river, thence to the 

9348 falls of the Pashaytig River, of Green Bay ; thence to the junc- 

9349 tion of the Neesau KootagorBurnt-wood River, with the Meno- 

9350 monie; thence to the big island of the Shoskinaubic or Smooth 

9351 Rock River; thence following the channel of the said river to 

9352 Green Bay, which it strikes between the Little and the Great 

9353 Bay de Noquet. 

9354 Article 2. Much difficulty having arising from the negoci- 

9355 ations between the Menomonie and Winebago tribes and the 

9356 various tribes and portions of tribes of Indians of the State of 

9357 New York, and the claims of the respective parties being much 

9358 contested, as well with relation to the tenure and boundaries of 

9359 the two tracts claimed by the said New York Indians, west of 
9300 Lake Michigan, as to the authority of the persons who signed 
93G1 the agreement on the part of the Menomonies, and the whole 
9362 subject having been fully examined at the council this day con- 

9303 eluded, and the allegations, proofs, and statements of the re- 

9304 spective parties having been entered upon the journal of the 

9365 commissioners, so that the same can be decided by the Presi- 

9366 dent of the United States, it is agreed by the Menomonies and 

9367 Winebagoes, that so far as respects their interest in the premises, 
9308 the whole matter shall be referred to the President of the United 

9369 States, whose decision shall be final. And the President is an- 

9370 thorized, on their parts, to establish such boundaries between 

9371 them and the New York Indians as he may consider equitable 

9372 and just. 

9373 Article 3. It being important to the settlement of Green 

9374 Bay that definite boundaries should be established between the 

9375 tract claimed by the former French and British governments, 

9376 and the lands of the Indians, as well to avoid future disputes as 

9377 to settle the question of jurisdiction, it is therefore agreed be- 

9378 tween the Menomonie tribe and the United States, that the 



211 

9379 boundaries of the said tracts, tlie jurisdiction and title of which 

9380 are hereby acknowledged to be in the United States, shall be 

9381 as follows, namely : Beginning on the shore of Green Bay, six 

9382 miles due north from the parallel of the mouth of Fox River, 

9383 and running thence in a straight Hue, but with the general course 

9384 of the said river, and six miles therefrom, to the intersection of the 

9385 continuation of the westerly boundary of the tract at the Grand 

9386 Kaukaulin, claimed by Augustin Grignion ; thence on a line with 

9387 the said boundary to the same ; thence with the same to Fox 

9388 Eiver; thence on the same course, six miles; thence in a direct 

9389 line to the southwestern boundary of the tract, marked on the 

9390 plan of the claims at Green Bay, as the settlement at the bottom 

9391 of the bay; thence with the southerly boundary of the said tract to 

9392 the southeasterly corner thereof, and thence with the easterly 

9393 boundary of the said tract to Green Bay. Provided, that if the 
9391 President of the United States should be of opinion that the 

9395 boundaries thus established interfere with any just claims of 

9396 the New York Indians, the President may then change the said 

9397 boundaries in any manner he may think proper, so that the 

9398 quantity of land contained in the said tract be not greater than 

9399 by the boundaries herein defined. And provided, also, that noth- 

9400 ing herein contained shall be construed to have any effect upon 

9401 the land-claims at Green Bay ; but the same shall remain as 

9402 though this treaty had not been formed. 

9403 Article 4. In consideration of the liberal establishment of 

9404 the boundaries, as herein provided for, the commissioners of the 

9105 United States have this day caused to be distributed among 

9106 the Indians goods to the amount of fifteen thousand six hun- 

9407 dred and eighty-two dollars, payment for which shall be made 

9408 by the United States. 

9409 Article 5. The sum of one thousand dollars shall be annually 

9410 appropriated for the term of three years, and the sum^of fifteen 

9411 hundred dollars shall be annually thereafter appropriated as 

9412 long as Congress think proper, for the education of the children 

9413 of the tribes, parties hereto, and of the New York Indians, to 

9414 be expended under the direction of the President of the United 

9415 States. 

9410 Article G. The United States shall bo at liberty, notwith- 

9417 standing the Winebagoes are parties to this treaty, to pursue 

9418 such measures as they may think proper for the punishment of 

9419 the perpetrators^of the recent outrages at Prairie du Ohien, and 

9420 upon the Mississippi, and for the prevention of such acts here- 

9421 after. 

9422 Article 7. This treaty shall be obligatory after its ratifl- 
94S3 cation by the President and Senate of the United States. Pro- 



212 

9424 vided, That the said treaty shall not impair or afifect any right 

9425 or claim which the ^ew York Indians or any of them have to 

9426 the lands or any of the lands mentioned in the said treaty." 

9427 Proclaimed February 23, 1829. 



9428 . . CHIPPEWAS— PILLAGER BAND. 

9429 Articles of a treaty made and concluded at Leech Lake on the twenty- 

9430 first day of August, in the year one thousand eight hundred 

9431 and forty-seven, between the United States, by their commis- 
9433 sioners, Isaac A. Verplank and Henry M. Mice, and the Pil- 

9433 lager Band of Chippewa Indians, hy their chiefs, head-men, 

9434 and warriors, 

9435 Article 1. It is agreed that the peace and friendship 

9436 which exists between the United States and the Indians, parties 

9437 to this treaty, shall be perpetual. 

9438 Article 2. The Pillager band of Chippewa Indians hereby 

9439 sell and cede to the United States all the country within the fol- 

9440 lowing boundaries, viz: Beginning at the south end of Otter-Tail 

9441 Lake; thence southerly on the boundary-line between the Sioux 

9442 and Chippewa Indians to Long Prairie Eiver ; thence up said river 

9443 to Crow Wing Eiver ; thence up Crow Wing Eiver to Leaf Eiver ; 

9444 thence up Leaf Eiver to the head of said river ; and from thence 

9445 in a direct line to the place of beginning. 

9446 Article 3. It is stipulated that the country hereby ceded 

9447 shall be held by the United States as Indian land until other- 

9448 wise ordered by the President. * 

9449 Article 4. In consideration of the foregoing cession, the 

9450 United States agree to furnish to the Pillager band of Chippewa 

9451 Indians annually, for five years, the following articles : Fifty 

9452 threepoiut Mackinaw blankets, three hundred two and a half 

9453 point Mackinaw blankets, fifty one_and a half point Mackinaw 

9454 blankets, three hundred and forty yards of gray list-cloth, four 

9455 hundred and fifty yards of white list scarlet cloth, eighteen hun- 

9456 ^red yards of strong dark prints, assorted colors, one hundred 

9457 and fifty pounds three-thread gray gillingtwine, seventy-five 

9458 pounds turtle-twine, fifty bunches sturgeon-twine, twenty-five 

9459 pounds of linen thread, two hundred combs, five thousand as- 

9460 sorted needles, one hundred and fifty medal looking-glasses, ten 

9461 pounds of vermilion, thirty nests (fourteen each) heavy tin ket- 

9462 ties, five hundred pounds of tobacco, and five barrels of salt. 

9463 And the United States further agree that at the first payment 

9464 made under this treaty the Indians, parties to this treaty, shall 



213 

9465 receive as a present two hundred warranted beaver-traps and 

9466 seventy-five northwest guns. 

9467 Article 5. This treaty shall be obligatory upon the par- 

9468 ties thereto when ratified by the President and Senate of the 

9469 United States. In testimony whereof, the said Isaac A.Verplank 

9470 and Henry M. Eice, commissioners, as aforesaid, and the chiefs, 

9471 head-men, and warriors of the Pillager band of Chippewa lu- 

9472 dians, have hereunto set their hands at Leech Lake, this twenty- 

9473 first day of August, one thousand eight hundred and forty-seven. 

9474 Proclaimed April 7, 1848. 



9475 CHIPPEWAS OP THE MISSISSIPPI— CHIPPE WAS— 

9476 PILLAGER AND LAKE WINNIBIGOSHISH BANDS. 

9477 Treaty with the Ghippetcas of the Mississippi and the Pillager and 

9478 LaTce Winibigoshish hands of Chippewa Indians in Minnesota, 

9479 concluded at Washington, in the District of Columbia, March 

9480 11, 1863; ratified March 13, 1863, with amendments ; amend- 

9481 ments agreed to March 14, 1863. 

9482 By the President of the United States of America, 

9483 A PROCLAMATION. 

9484 To all and singular to ivhom these presents shall come, greeting : 

9485 Whereas a treaty was made and concluded at the city of 

9486 Washington, in the District of Columbia, on the eleventh day of 

9487 March, in thei year of our Lord one thousand eight hundred and 

9488 sixty-three, by and between William P. Dole, Commissioner of 

9489 Indian Affairs, and Clark W. Thompson, superintendent of In- 

9490 dian affairs of the northern superintendency, on the part of the 

9491 United States, and Henry M. Rice, of Minnesota, and the herein- 

9492 after named chiefs and head-men, for and on behalf of the Chip- 

9493 pewas of the Mississippi and the Pillager and Lake Winibi- 

9494 goshish bands of Chippewa Indians in Minnesota, and duly 

9495 authorized thereto by them, which treaty is in the words and 

9496 figures following, to wit : 

9497 Articles of agreement and convention, made and concluded at 

9498 the city of Washingten, this eleventh day of March, A. D. 

9499 one thousand eight hundred and sixty-three, between Wil- 

9500 liam P. Dole, Commissioner of Indian Affairs, and Clark 

9501 W. Thompson, superintendent of Indian affairs of the 

9502 northern superintendency, on the part of the United States, 

9503 and Henry M. Rice, of Minnesota, for and on behalf of the 



214 

9504 Chippewas of the Mississippi and the Pillager aud Lake 

9505 Winibigoshish bands of Chippewa Indians in Minnesota. 

9506 Abticle 1. The reservations known as Gull Lake, Mille 

9507 Lac, Sandy Lake, Eabbit Lake, Pokagomin Lake, and Eice 
9G08 Lake, as described in the second clause of the second article of 

9509 the treaty with the Chippewas of the 22d February, 1855, are 

9510 hereby ceded to the United States, excepting one-half section 

9511 of land, including the mission-buildings at Gull Lake, which is 

9512 hereby granted in fee simple to the Reverend John Johnson, 

9513 missionary. 

9514 Article 2. In consideration of the foregoing cession, the 

9515 United States agree to set apart for the future homes of the 

9516 Chippewas of the Mississippi, all the lands embraced within the 

9517 following-described boundaries, except the reservations made 

9518 and described in the third clause of the second article of the 

9519 said treaty of February 22, 1855, for the Pillager and Lake 

9520 Winibigoshish bands; that is to say, beginning at a point oue 

9521 mile south of the most southerly point of Leech Lake, and run- 

9522 ning thence in an easterly course to a point one mile south of 

9523 the most southerly point of Goose Lake; thence due east to a 

9524 point due south from the intersection of the Pokagomin reserva- 

9525 tion and the Mississippi Eiver; thence on the dividing-line be- 

9526 tween "Deer Eiver and Lakes" and " Mashkorden's Eiver and 

9527 Lakes," until a point is reached north of the first-named river 

9528 and lakes; thence in a direct line northwestwardly to the outlet 

9529 of " Two-Eoutes Lake;" thence in a southwesterly direction to 

9530 the northwest corner of the " Cass Lake " reservation ; thence in 

9531 a southwesterly direction to "Karbekaun" Eiver; thence down 

9532 said river to the lake of the same name ; thence due south to a 

9533 point due west from the beginning; thence to the place of be- 

9534 ginning. 

9535 Article 3. In consideration of the foregoing cession to the 

9536 United States, and the valuable improvements thereon, the 

9537 United States further agree : 1st. To extend the present annui- 

9538 ties of the Indians, parties to this treaty, for ten years beyond 

9539 the periods respectively named in existing treaties; 2nd. And 

9540 to pay toward the settlement of the claims for depredations 

9541 committed by said Indians in 1862, the sum of twenty thousand 

9542 dollars, or so much thereof as may be necessary, provided that 

9543 no money shall be paid under this item except upon claims 

9544 which have been duly adjudicated and found to be due under 

9545 existing treaties, from said Indians, and allowed by the Secre- 

9546 tary of the Interior, or under his direction; 4th. To the chiefs 

9547 of the Chippewas of the Mississippi, sixteen thousand dollars, 

9548 (provided they shall pay to the chiefs of the Pillager and Lake 

9549 Winibigoshish bands one thousand dollars,) to be paid upon the 



215 

9550 signing of this treaty, out of the arrearages due under the 9th 

9551 article of the treaty concluded at La Pointe, in the State of 

9552 Wisconsin, on the 30th of September, 1854 ; 5th. And to pay 

9553 the expenses incurred by the legislature of the State of Minue- 

9554 sota, in the month of September, 1862, in sending commission- 

9555 ers to visit the Chippewa Indians, amounting to thirteen hun- 

9556 dred and thirty-eight dollars and seventy-five cents. 

9557 Article 4. The United States further agree to clear, 

9558 stump, grub, and break in the reservation hereby set apart for the 

9559 Chippewas of the Mississippi, in lots of not less than ten acres 

9560 each, at such point or points as the chiefs of each baud may 

9561 select, as follows, viz: For the Gull Lake band, seventy acres; 

9562 for the Mille Lac band, seventy acres; for the Sandy Lake band, 

9563 fifty acres; for the Pokagomiu band, fifty acres; for the Eabbit 

9564 Lake band, forty acres ; for the Eice Lake band, twenty acres ; 

9565 and to build for the chiefs of said bauds one house each, of the 

9566 following description: to be constructed of hewn logs; to be 

9567 sixteen by twenty feet each and two stories high ; to be roofed 

9568 with good shaved pine shingles; the floors to be of seasoned 

9569 i)ine-plauk, jointed; stone or brick fire-places and chimneys; 

9570 three windows in lower story and two in the upper story, with 

9571 good substantial shutters to each, and suitable doors ; said 

9572 houses to be pointed with lime mortar : provided, that the 

9573 amount expended under this article shall not exceed the sum of 

9574 three thousand six hundred dollars. 

9575 Article 5. The United States agree to furnish to said 

9576 Indians, parties to this treaty, ten yoke of good, steady, work- 

9577 oxen, and twenty log-chains, annually, for ten yeai'S, provided 

9578 the Indians shall take proper care of, and make proper use of 

9579 the same; also, for the same period, annually, two hundred 

9580 grubbing-hoes, ten ploughs, ten grindstones, one hundred axes, 

9581 handled, not to exceed in weight three and one-half pounds 

9582 each, twenty spades; also, two carpenter-s, and two blacksmiths, 

9583 and four farm laborers, and one physician — not exceeding, in 

9584 the aggregate, one thousand dollars. 

9585 Aetiglb 6. The United States further agree to remove the 

9586 saw-mill from Gull Lake reservation to such point on the new 

9587 reservation hereby set apart as may be selected by the agent, 

9588 and to keep the same in good running order, and to employ a 

9589 competent sawyer, so long as the President of the United States 

9590 may deem it necessary; and to extend the road between Gull 

9591 Lake and Leech Lake from the last-named lake to the junction 

9592 of the Mississippi and Leech Lake Eivers, and to remove the 

9593 agency to said junction, or as near thereto as practicable; but 

9594 not more than thousand dollars shall be expended for this 

9595 purpose. 



216 

9596 Akticle 7. The President shall appoint a board of visitors, 

9597 to consist of not less than two nor more than three persons, to 

9598 be selected from such Christian denominations as he may desig- 

9599 nate, whose duty it shall be to attend the annuity payments to 

9600 the Indians, and to inspect the fields and other improvements of 

9601 the Indians, and to report annually thereon, on or before the 

9602 first of Ifovember; and also as to the qualifications and moral 

9603 deportment of all persons residing upon the reservation under 

9604 the authority of law; and they shall receive for their services 

9605 five dollars per day for the time actually employed, and ten cents 

9606 per mile for travelling expenses : Provided, That no one shall be 

9607 paid in any one year for more than twenty days' service, or for 

9608 more than three hundred miles' travel. 

9609 Aetiolb 8. No person shall be recognized as a chief whose 

9610 band numbers less than fifty persons; and to encourage and aid 

9611 the said chiefs in preserving order, and inducing by their example 

9612 and advice the members of their respective bands to adopt the 

9613 pursuits of civilized life, there shall be paid to each of said 

9614 chiefs, annuallj'-, out of the annuities of said bauds, a sum not 

9615 exceeding one hundred and fifty dollars, to be determined by 

9616 the Commissioner of Indian Affairs, according to their respective 

9617 merits. 

9618 ABTidLE 9. To improve the morals and industrial habits 

9619 of said Indians, it is agreed that no agent, teacher, interpreter, 

9620 traders, or their employes, shall be employed, appointed, li- 

9621 censed, or permitted to reside within the reservations belonging 

9622 to the Indians, parties to this treaty, missionaries excepted, who 

9623 shall not have a lawful family residing with them at their re- 

9624 spective places of employment or trade within the agency, 

9625 and no person of full or mixed blood, educated or partially ed- 

9626 ucated, whose fitness, morally or otherwise, is not conducive to 

9627 the welfare of said Indians, shall receive any benefits from this 

9628 or any former treaties. 

9629 Article 10. All annuities under this or former treaties 

9630 shall be paid as the chiefs in council may request, with the ap- 

9631 proval of the Secretary of the Interior, until otherwise altered 

9632 or amended : Provided, That not less than one-half of said annui- 

9633 ties shall be paid in necessary clothing, provisions, and other 

9634 necessary and useful articles. 

9635 Article 11. Whenever the services of laborers are re- 

9636 quired upon the reservation, preference shall be given to full or 

9637 mixed bloods, if they shall be found competent to perform them. 

9638 Article 12. It shall not be obligatory upon the Indians, 

9639 parties to this treaty, to remove from their present reservations 

9640 until the United States shall have first complied with the stipu- 

9641 lations of Articles 4 and 6 of this treaty, when the United States 



217 

9642 shall farnisli them with all necessary transportation and sub- 

9643 sistence to their new homes, and subsistence for six months 

9644 thereafter : Provided, That owing to the heretofore good con- 

9645 duct of the Mille Lac Indians, they shall not be compelled to 

9646 remove so long as they shall not in any way interfere with or in 

9647 any manner molest the persons or property of the whites. 

9648 Article 13. Female members of the family of any Gov- 

9649 ernment employ^ residing on the reservation, who shall teach 

9650 Indian girls domestic economy, shall be allowed and paid a sum 

9651 not exceeding ten dollars per month while so engaged : Provided, 

9652 That not more than one thousand dollars shall be so expended 

9653 during any one year, and that the President of the United 

9654 States may suspend or annul this article whenever he may deem 

9655 it expedient to do so. 

9656 Article 14. It is distinctly understood and agreed that 

9657 the clearing and breaking of land for the Ohippewas of the Mis- 

9658 sissippi, as provided for in the fourth article of this treaty, shall 

9659 be in lieu of all former engagements of the United States as to 

9660 the breaking of lands for those bands. 

9661 ^ Proclaimed March 19, 1863. 



9662 CHIPPEWAS OP THE MISSISSIPPI AND LAKE SUPB- 

9663 EIOE. 

9664 Articles of a treaty made and concluded at La Pointe of Lake 

9665 Superior, in the Territory of Wisconsin, between Robert 

9666 Stuart, commissioner on the part of the United States, and the 

9667 Chippewa Indians of the Mississippi and Lake Superior by 

9668 their chiefs and head-men. 

9669 Article 1. The Chippewa Indians of the Mississippi and 

9670 Lake Superior cede to the United States all the country within 

9671 the following bounderies, viz : Beginning at the mouth of Choc- 

9672 olate Eiver of Lake Superior ; thence northwardly -across said 

9673 lake to intersect the boundery-line between the United States 

9674 and the Province of Canada j thence up said Lake Superior to 

9675 the mouth of the St. Louis or Pond du Lac Eiver, (including. 

9676 all the islands in said lake;) thence up said river to the American 

9677 Pur Company's trading-post, at the southwardly bend thereof, 

9678 about twenty-two miles from its mouth ; thence south to inter- 

9679 sect the line of the treaty of 29th July, 1837, with the Chippe- 

9680 was of the Mississippi ; thence along said line to its southeast- 

9681 wardly extremity, near the Plover portage on the Wisconsin 

9682 Eiver; thence northeastwardly, along the boundery-line, be- 

9683 tween the Chippewas and Menomonees, to its eastern termina- 

28 IT 



218 

9684 tion, (established by the treaty held with the Chippewas, Meno- 

9685 monees, and Winnebagoes, at Butte des Morts, August 11, 1827,) 

9686 on the Skonawby Eiver of Green Bay ; thence northwardly to 

9687 the source of Chocolate Eiver; thence down said river to its 

9688 mouth, the place of beginning ; it being the intention of the 

9689 parties to this treaty to include in this cession all the Chippewa 

9690 lands eastwardly of the aforesaid line running from the American 

9691 Fur Company's trading-post, on the Fond du Lac Eiver, to the 

9692 intersection of the line of the treaty made with the Ohippewas 

9693 of the Mississippi July 29, 1837. 

9694 Article 2. The Indians stipulate for the right of hunting 

9695 on the ceded territory, with the other usual privileges of occu- 

9696 pancy, until required to remove by the President of the United 

9697 States, and that the laws of the United States shall be continued 

9698 in force, in respect to their trade and intercourse with the whites, 

9699 until otherwise ordered by Congress. 

9700 Aktiole 3. It is agreed by the parties to this treaty, that 

9701 whenever the Indians shall be required to remove from the ceded 

9702 district, all the unceded lands belonging to the Indians of Fond 

9703 du Lac, Sandy Lake, and Mississippi bands shall be the common 

9704 property and home of all the Indians, party to this treaty. 

9705 Abticle 4. In consideration of the foregoing cession, the 

9706 United States engage to pay to the Chippewa Indians of the 

9707 Mississippi and Lake Superior, annually, for twenty-five years, 

9708 twelve thousand five hundred (12,500) dollars, in- specie, ten 

9709 thousand five hundred (10,500) dollars in goods, two thousand 

9710 (2,000) dollars in provisions and tobacco, two thousand (2,000) 

9711 dollars for the support of two blacksmith's shops, (including pay 

9712 of smiths and assistants, and iron, steel, &c.,) one thousand (1,000) 

9713 dollars for pay of two farmers, twelve hundred (1,200) for pay of 

9714 two carpenters, and two thousand (2,000) dollars for the support 

9715 of schools for the Indians party to this treaty ; and further the 

9716 United States engage to pay the sum of five thousand (5,000) 

9717 dollars as an agricultural fund, to be expended under the direc- 

9718 tion of the Secretary of War. And also the sum of seventy-five 

9719 thousand (75,000) dollars shall be allowed for the full satisfaction 

9720 of their debts within the ceded district, which shall be examined 

9721 by the 'commissioner to this treaty, and the amount to be allowed 

9722 decided upon by him, which shall appear in a schedule hereunto 

9723 annexed. The United States shall pay the amount so allowed 

9724 within three years. 

9725 Whereas the Indians have expressed a strong desire to have 

9726 some provision made for their half-breed relatives, therefore it is 

9727 agreed that fifteen thousand (15,000) dollars shall be paid to 

9728 said Indians, next year, as a present, to be disposed of as they, 

9729 together with their agent, shall determine in council. 



219 

9730 Article 5. Whereas the whole country between Lake Supe- 

9731 rior and the Mississippi has always been understood as belong- 

9732 ing in common to the Chippewas, party to this treaty; and 

9733 whereas the bands bordering on Lake Superior have not been 

9734 allowed to participate in the annuity payments of the treaty 

9735 made with the Ohippewas of the Mississippi, at St. Peters, July 

9736 29th, 1837, and whereas all the unceded lands belonging to the 

9737 aforesaid Indians are hereafter to be held in common, therefore, 

9738 to remove all occasion for jealousy and discontent, it is agreed 

9739 that all the annuity due by the said treaty, as also the annuity 

9740 due by the present treaty, shall henceforth be equally divided 

9741 among the Chippewas of the Mississippi and Lake Superior, party 

9742 to this treaty, so that every person shall receive an equal share. 

9743 Aeticle 6. The Indians residing on the Mineral district 

9744 shall be subject to removal therefrom at the pleasure of the 

9745 President of the United States. 

9746 Article 7. This treaty shall be obligatory upon the con- 

9747 tracting parties when ratified by the President and Senate of the 

9748 United States. 

9749 Proclaimed March 28, 1843. 

9750 Schedule of claims examined and allowedby Robert Stuart, commis- 

9751 sioner, under the treaty with the Chippewa Indians of the Mis- 

9752 sissippi and Lake Superior, concluded at La Pointe, October 

9753 ith, 1842, setting forth the names of claimants, and their pro- 

9754 portion of alloioance of the seventy-Jive thousand dollars pro- 

9755 vided in the fourth article of the aforesaid treaty, for the full 

9756 satisfaction of their debts, asfolloics : 

Proportion of $75,00D, 
No. ordaimB. Name of claimant. set apart in 4th article 

of treaty. 

9757 1. Edward F. Ely $50 80 

9758 2. Z. Piatt, esq., attorney for George Berkett. . . . 484 67 

9759 3. Cleveland North Lake Co 1, 485 67 

9760 4. Abraham W. Williams. 75 03 

9761 5. William Brewster 2,052 67 

9762 This claim to be paid as follows, viz : William 

9763 Brewster or order, $1,929.77 ; Charles W. 

9764 Borup or order, $122.90— $2,052.67. 

9765 6. George Copway 6167 

9766 7. John Kahbege 57 55 

9767 8. Alixes Carpantier ... 28 58 

9768 9. John W.Bell 186 16 

9769 10. Antoine Picard , 6 46 

9770 11. Michael Brisette 182 42 

9771 12. FranQois Dejaddon 30148 



220 

Proportion of $75,000, 
No of claim. Name of claimant. set apRrt in 4th artiole 

ol treaty. 

9772 13. Pierre 0. Duverney : $1,10100 

9773 14. Jean Bts. Bazinet 325 46 

9774 15. John Hotley 69 00 

9775 16. Frangois Charette 234 92 

9776 17. Clement H. Beaulieu, agent for the estate of 

9777 Brazil Beaulieu, dee'd 596 84 

9778 18. Pran9ois St. Jean and George Bonga 366 84 

9779 19. Louis Ladebauche 322 52 

9780 20. Peter Grebassa... 499 27 

9781 21. B.'T. Kavanaugh 516 82 

9782 22. Augustin Goslin 169 05 

9783 23. American Pur Company 13,365 30 

9784 This claim to be paid as follows, viz : Amer- 

9785 ican Pur Company, $12,565.10; Charles 

9786 W. Borup, $800.20— $13,365.30. 

9787 24. William A. Aitken 935 67 

9788 25. James P. Scott 73 41 

9789 26. Augustin Bellanger 192 35 

9790 27. Louis Corbin 12 57 

9791 28. Alexes Corbin 596 03 

9792 29. George Johnson 35 24 

9793 30. Z. Piatt, esq., attorney for Sam'l Ashman. ... 1,77163 

9794 31. Z. Piatt, esq., attorney for Wm. Johnson 390 27 

9795 32. Z. Piatt, esq., attorney for estate of Dan'l Ding- 

9796 ley 1, 991 62 

9797 33. Lyman M. Warren 1,566 65 

9798 34. Estate of Michael Cadotte, disallowed 

9799 35. Z. Piatt, esq., attorney for estate of E. Eous- 

9800 sain , 959 13 

9801 36. Joseph Dufault 144 32 

9802 37. Z. Piatt, esq., attorney for Antoiue Mace 170 35 

9803 38. Michael Cadotte 205 60 

9804 39. Z. Piatt, eSq., att'y for Prangois Gauthier 167 05 

9805 40. Z. Piatt, esq., att'y for Joseph Gauthier 614 30 

9806 41. Z. Piatt, esq., attorney for J. B. Uoulle 64 78 

9807 42, Jean Bts. Corbin 531 50 

9808 43. John Hulburt 209 18 

9809 44. Jean Bts. Couvellion 18 80 

9810 45. Mcholas Da Couteau, withdrami 

9811 46. Pierre Cott6 732 50 

9812 47. W. H. Brockway and Henry Holt, executors to 

9813 the estate of John Holiday, dec'd 3, 157 10 

9814 48. John Jacob Astor.. 27,994 98 



221 

Proportion of $75,000, 

No of claim. Name of clciimaut. «et apart in 4tli article 

of treaty. 

9815 This claim to be paid as follows, viz : Charles 

9816 W, Borup, $1,676.90; Z. Piatt, esq., 

9817 $2,621.80 ; John Jacob Astor, $23,696,28— 

9818 $27,994.98. 

9819 49. Z. Piatt, esq., attorney for Thos. Connor $1, 118 60 

9820 50. Charles p. Oakes 4,309 21 

,9821 51, Z, Piatt,, esq., attorney for Wm. Morrison 1, 074 70 

9822 52. Z. Piatt, esq., att'y for Isaac Butterfield 1, 275 56 

9823 53, J. B. Yan Eensselaer 62 00 

9824 54. William Brewster and James W. Abbot 2, 067 10 

9825 The parties to this claim request no payment 

9826 be made to either without their joint con- 

9827 sent, or until a decision of the case be had 

9828 in a court of justice. 

9829 55. William Bell ' 17 62 

9830 

9831 $75,000 00 

9832 Articles of a treaty made and concluded at the Fond du Lac of LaJce 

9833 Superior, on the second day of Ai/f/ust, in the year one thousand 

9834 eight hundred and forty-seven, between the United States, by 

9835 their commissioners, Isaac A. Verplank and Henry M. Bice, 

9836 and the Chippewa Indians of the Mississippi and Lake Superior, 

9837 by their chiefs and head-men. 

9838 Akticle 1. It is agreed that the peace and friendship which 

9839 exists between the peojjle of the United States and the Chip- 

9840 pewa Indians shall be perpetual. 

9841 Article 2. The Chippewa Indians of the Mississippi and 

9842 Lake Superior cede and sell to the United States all the land 

9843 within the following boundaries, viz : Beginning at the junction 

9844 of the Crow Wing and Mississippi Rivers, thence up the Crow 

9845 Wing Eiver to the junction of that river with the Long Prairie 

9846 Eiver, thence up the Long Prairie Eiver to the boundary-line 

9847 between the Sioux and Chippewa Indians, thence southerly 

9848 along the said boundary-line to a lake at the head of Long 

9849 Prairie Eiver, thence in a direct line to the sources of the 

9850 Watab Eiver, thence down the Watab to the Mississippi River, 

9851 thence up the Mississippi to the place of beginning; and also all 

9852 the interest and claim which the Indians, parties to this treaty, 

9853 have in a tract of land lying upon and north of Long Prairie 

9854 River, and called One-day's Hunt ; but, as the boundary-line 

9855 between the Indians, parties to this treaty, and the Chippewa 

9856 Indians, commonly called " Pillagers," is indefinite, it is agreed 

9857 that before the United States use or occupy the said tract of 

9858 land north of Long Prairie Eiver. the boundary-line between the 



222 

9859 said tract and the Pillager lands shall be defined and settled to 

9860 the satisfaction of the Pillagers. 

9861 Article 3. In consideration of the foregoing cession, the 

9862 United States agree to pay to the Chippewas of Lake Superior 

9863 seventeen thousand dollars in specie, and to the Chippewas of 

9864 the Mississippi seventeen thousand dollars in specie ; the above 

9865 sums to be paid at such place or places, and in such manner, as 

9866 the President shall direct, and to be paid within six months 

9867 after this treaty shall be ratified by the President and Senate 

9868 of the United States ; and the United States further agree to 

9869 pay to the Mississippi Indians the sam of one thousand dollars 

9870 annually for forty- six years ; but it is agreed that whenever the 

9871 Chippewas of the Mississippi shall agree as to the schools to be 

9872 established, and the places at which they shall be located, the 

9873 number of blacksmiths and laborers to be employed for them, 

9874 and shall request the United States to expend, from year to 

9875 year, the annual payments remaining unpaid, in the support of 

9876 schools, blacksmiths, and laborers, the same shall be expended 

9877 by the United States for such purposes ; and that Chippewas of 

9878 full or mixed bloo4 shall be employed as teachers, blacksmiths, 

9879 and laborers, when such persons can be employed who are com- 

9880 petent to perform the duties required of them under this and 

9881 all former treaties. 

9882 Article 4. It is stipulated that the half or mixed bloods of 

9883 the Chippewas residing with them shall be considered Chippewa 

9884 Indians, and shall, as such, be allowed to participate in all annu- 

9885 ities which shall hereafter be paid to the Chippewas of the Mis- 

9886 sissippi and Lake Superior, due them by this treaty, and by the 

9887 treaties heretofore made and ratified. 

9888 Article 5. Stricken out. 

9889 Article 6. This treaty shall be obligatory upon the con- 

9890 tracting parties when ratified by the President and Senate of 

9891 the United States. 

8892 Proclaimed April 7, 1848. 

9893 Franklin Pierce, President of the United States of America, 

9894 to all and singular to whom these presents shall come, 

9895 greeting : 

9896 Whereas a treaty was made and concluded at La Pointe, in 

9897 the State of Wisconsin, on the thirtieth day of September, 

9898 eighteen hundred and fifty-four, by Henry C. Gilbert and David 

9899 B. Herriman, commissioners on the part of the United States, 

9900 and the Chippewa Indians of Lake Superior and the Mississippi, 

9901 by their chiefs and head-men, which treaty is in the words fol- 

9902 lowing, to wit : 

9903 Articles of a treaty made and concluded at La Pointe, in the 



223 

9904 State of Wisconsin, between Heury 0. Gilbert and David 

9905 B. Herriman, commissioners on the part of the United 

9906 States, and the Chippewa Indians of Lake Superior and the 

9907 Mississippi, by their chiefs and head-men. 

9908 Article 1. The Chippewas of Lake Superior hereby cede to 

9909 the United States all the lands heretofore owned by them in 

9910 common with the Chippewas of the Mississippi, lying east of the 

9911 following boundary-line, to wit : Beginning at a point where 

9912 the east branch of Snake Eiver crosses the southern boundary- 

9913 line of the Chippewa country, running thence up the said 

9914 branch to its seurce, thence nearly north, in a straight line, to 

9915 the mouth of East Savannah Eiver, thence up the St. Louis 

9916 Eiver to the mouth of East Swan Eiver, thence up the East Swan 

9917 Eiver to its source, thence in a straight line to the most west- 

9918 erly bend of Vermillion Eiver, and thence down the Vermillion 

9919 Eiver to its mouth. 

9920 The Chippewas of the Mississippi hereby assent and agree 

9921 to the foregoing cession, and consent that the whole amount of 

9922 the consideration money for the country ceded above shall be 

9923 paid to the Chippewas of Lake Superior, and in consideration 

9924 thereof the Chippewas of Lake Superior hereby relinquish to 

9925 the Chippewas of the Mississippi all their interest iu and claim 

9926 to the lands heretofore owned by them in common, lying west of 

9927 the above boundary -line. 

9928 Article 2. The United States agree to set apart and with- 

9929 hold from sale, for the use of the Chippewas of Lake Superior, 

9930 the following-described tracts of land, viz : 

9931- 1st. For the L'Anse and Vieux De Sert bands, all the un- 

9932 sold lands in the following townships in the State of Michigan : 

9933 Township fifty-one north range thirty-three west; township 

9934 fifty-one north range thirty-two west; the east half of township 

9935 fifty north range thirty-three west ; the west half of township 

9936 fifty north range thirty-two west ; and all of township fifty-one 

9937 north range thirty-one west, lying west of Huron Bay. 

9938 2d. For the La Pointe band, and such other Indians as may 

9939 see fit to settle with them, a tract of land bounded as follows : 

9940 Beginning on the south shore of Lake Superior, a few miles 

9941 west of Montreal Eiver, at the mouth of a creek called by the 

9942 Indians Ke-che-se-be-we-she, running thence south to a line 

9943 drawn east and west through the centre of township forty-seven 

9944 north, thence west to the west line of said township, thence 

9945 south to the southeast corner of township forty-six north, range 

9946 thirty-two west, thence west the width of two townships, thence 

9947 north the width of two townships, thence west one mile, thence 

9948 north to the lake shore, and thence along the lake shore, cross- 

9949 ing Shag-waw-me-quon Point, to the place of beginning. Also 



224 

9950 two hundred acres on the northern extremity of Madeline Island, 

9951 for a fishing ground. 

9952 3d. For the other Wisconsin bands, a tract of land lying 

9953 about Lac De Flambeau, and another tract on Lac Court Oriel- 

9954 les, each equal in extent to three townships, the boundaries of 

9955 which shall be hereafter agrepd upon or fixed under the direc 

9956 tion of the President. 

9957 4th. For the Fond Du Lac bands, a tract of land bounded 

9958 as follows : Beginning at an island in the St. Louis Eiver, 

9959 above Knife Portage, called by the Indians Paw-pawsco-me-me- 

9960 tig, running thence west to the boundary-line heretofore de- 

9961 scribed, thence north along said boundary-line to the mouth of 

9962 Savannah Eiver, thence down the St, Louis Eiver to the 

9963 place of beginning. And if said tract shall contain less than 

9964 one hundred thousand acres, a strip of land shall be added on 

9965 the south side thereof large enough to equal such deficiency. 

9966 5th. For the Grand Portage band, a tract of land bounded 

9967 as follows : Beginning at a rock a little east of the eastern ex- 

9968 tremity of Grand Portage Bay, running thence along the lake 

9969 shore to the mouth of a small stream called by the Indians Mavf,- 

9970 ske-gwaw-caw-maw-se-be, or Cranberry JMarsh Eiver, thence up 

9971 said stream, across, the point to Pigeon Eiver, thence down 

9972 Pigeon Eiver to a point opposite the starting-point, and thence 

9973 across to the place of beginning. 

9974 6th. The Ontonagon band and that subdivision of the La 

9975 Pointe band of which Buffalo is chief may each select, on or 

9976 near the lake shore, four sections of land, under the direction 

9977 of the President, the boundaries of which shall be defined 

9978 hereafter. And being desirous to provide for some of his conuec- 

9979 tions who have rendered his people important services, it is 

9980 agreed that the chief Buffalo may select one section of land, at 

9981 such place in the ceded territory as he may see fit, which shall 

9982 be reserved for that purpose, and conveyed by the United States 

9983 to such person or persons as he may direct. 

9984 7th. Each head of a family, or single person over tWenty- 

9985 one years of age at the present time, of the mixed bloods, be- 

9986 longing to the Ghippewas of Lake Superior, shall be entitled to 

9987 eighty acres of land, to be selected by them under the direction 

9988 of the President, and which shall be secured to them by patent 

9989 in the usual form. 

9990 Article 3. The United States will define the boundaries 

9991 of the reserved tracts, whenever it may be necessary, bj' actual 

9992 survey, and the President may, from time to time, at his discre- 

9993 tion, cause the whole to be surveyed, and may assign to each 

9994 head of a family or single person over twenty-one years of age 

9995 eighty acres of land for his or their separate use ; and he may, 



225 

9996 at his discretion, as fast as the occupants become capable, of 

9997 transacting their own affairs, issue patents therefor to such oc- 

9998 cupants, with such restrictions of the power of alienation as he 

9999 may see fit to impose. And he may also, at his discretion, make 

10000 rules and regulations respecting the disposition of the lands in 

10001 case of the death of the head of a family or single person occu- 

10002 pying the same, or in case of its abandonment by them. And 

10003 he may also nssign other lands in exchange for mineral lands, if 

10004 any such are found in the tracts herein set apart. And he may 

10005 also make such changes in the boundaries of such reserved 

10006 tracts or otherwise as shall be necessary to prevent interference 

10007 with any vested rights. All necessary roads, highways, and 

10008 railroads, the lines of which may run through any of the re- 

10009 served tracts, shall have the right of way through the same, 

10010 compensation being made therefor as in other cases. 

10011 Aeticle 4. In consideration of and payment for the coun- 

10012 try hereby ceded, the United States agree to pay to the Chip- 

10013 pewas of Lake Superior, annually, for the term of twenty years, 

10014 the following sums, to wit: five thousand dollars in coin ; eight 

10015 thousand dollars in goods, hqusehold furniture, and cooking 

10016 utensils; three thousand dollars iii agricultural implements and 

10017 cattle, carpenter's and other tools, and building materials, and 

10018 three thousand dollars for moral and educational purposes, of 

10019 which last sum three hundred dollars per annum shall be paid 

10020 to the Grand Portage band, to enable them to maiataiu a school 

10021 at their village. The United States will also pay the further 

10022 sum of ninety thousand dollars, as the chiefs in open council 

10023 may direct, to enable them to meet their present just engage- 

10024 ments. Also the further sum of six thousand dollars in agri- 

10025 cultural implements, household furniture, and cooking utensils, 

10026 to be distributed at the next annuity payment among the mixed 

10027 bloods of said nation. The United States will also furnish two 

10028 hundred guns, one hundred rifles, five hundred beaver-traps, 

10029 three hundred dollars' worth of ammunition, and one thousand 

10030 dollars' worth of ready-made clothing, to be distributed among 

10031 the young men of the nation at the next annuity payment. 

10032 Article 5. The United States will also furnish a black- 

10033 smith and assistant, with the usual amount. of stock, during 

10034 the continuance of the annuity payments, and as much longer 

10035 as the President may think proper, at each of the points herein 

10036 set apart for the residence of the Indians, the same to be in lieu 

10037 of all the employees to which the Chippewas of Lake Superior 

10038 may be entitled under previous. existing treaties. 

10039 Article 6. The annuities of the Indians shall not be taken 

10040 to pay the debts of individuals, but satisfaction for depredations 

29 IT 



226 

10041 committed by them shall be made by them la such manner as 

10042 the President may direct. 

10043 Akticle 7. No spirituous liquors shall be made, sold, or 

10044 used on any of the lands herein set apart for the residence of 

10045 the Indians, and the sale of the same shall be prohibited in the 

10046 Territory hereby ceded, until otherwise ordered by the Presi- 

10047 dent. 

10048 Article 8. It is agreed, between the Ohippewas of Lake 

10049 Superior and the Ohippewas of the Mississippi, that the former 

10050 shall be entitled to two-thirds, and the latter to one-third, of all 

10051 benefits to be derived from former treaties existing prior to the 

10052 year 1847. 

10053 Article 9. The United States agree that an examination 

10054 shall be made, and all sums that may be found equitably due to the 

10055 Indians, for arrearages of annuity or other thing, under the pro- 

10056 visions of .former treaties, shall be paid as the chiefs may direct. 

10057 Article 10. All missionaries, and teachers, and other per- 

10058 sons of full age, residing in the territory hereby ceded, or upon 

10059 any of the reservations hereby made by authority of law, shall 

10060 be allowed to enter the laind occupied by them at the minimum 

10061 price whenever the surveys shall be completed to the amount of 

10062 one quarter-section each. 

10063 Article 11. All annuity payments to the Ohippewas of 

10064 Lake Superior^ shall hereafter be made at L'Anse, La Pointe, 

10065 Grand Portage, and on the St. Louis Eiver; and the Indians 

10066 shall not be required to remove from the homes hereby set apart 

10067 for them. And such of them as reside in the territory hereby 

10068 ceded shall have the right to hunt and fish therein, until other- 

10069 wise ordered by the President. 

10070 Article 12. In consideration of the poverty of the Bois 

10071 Forte Indians who are parties to this treaty, they having never 

10072 received any annuity payments, and of the great extent of that 

10073 part of the ceded country owned exclusively by them, the fol- 

10074 lowing additional stipulations are made for their benefit. The 

10075 United States will pay the sum of ten thousand dollars, as their 

10076 chiefs in open council may direct, to enable them to meet their 

10077 liresent just engagements. Also the further sum of ten thou- 

10078 sand dollars, in five equal annual payments, in blankets, cloth, 

10079 nets, guns, ammunition, and such other articles of necessity as 

10080 they may require. 

10081 They shall have the right to select their reservation at any 

10082 time hereafter, under the direction of the President; and the 

10083 same may be equal in extent, in proportion to their numbers, to 

10084 those allowed the other bands, and be subject to the same pro- 

10085 visions. 

10086 They shall be allowed a blacksmith, and' the usual smith- 



227 

10087 shop supplies, and also two persons to instruct them in farming, 

10088 whenever in the opinion of the President it shall be proper, and 

10089 for such length of time as he shall direct. 

10090 It is understood that all Indians who are parties to this 

10091 treaty, except the Chippewas of the Mississippi, shall hereafter 

10092 be known as the Chippewas of Lake Superior: Provided, That 

10093 the stipulation by which the Chippewas of Lake Superior re- 

10094 linquishing their right to land west of the boundary-line shall 

10095 not apply to the Bois Porte band who are parties to this treaty. 

10096 Article 13. This treaty shall be obligatory on the con- 

10097 tracting parties, as soon as the same shall be ratified by the 

10098 President and Senate of the United States. 

10099 Proclaimed January 29, 1855. 



10100 CHIPPEWAS— SWAN-CREEK AND BLACK-RIVER 

10101 BANDS. 

10102 Articles of a treaty made at Washington, in the District of Golum- 

10103 Ma, on the ninth day of May, in the year of our Lord one 

10104 thousand eight hundred and thirty-six, between Henry E. Sohool- 

10105 craft, commissioner on the part of the United States, and the 

10106 chiefs of the Swan-Vreek and Blaclc-Biver bands of the Ghip- 

10107 pewa Nation, residing icithin the liniifs of Michigan. 

10108 Whereas certain reservations of laud were made to the said 

10109 bands of Indians in the treaty concluded at Detroit on the 17th 

10110 of November, 1807, and these reservations, after having been 

10111 duly located, under the authority of the Government, have re- 

10112 mained in their possession and occupancy to the present time ; 

10113 and whereas the said Indians, actuated by considerations affect- 

10114 ing their permanent improvement and happiness, are desirous 

10115 of fixing their residence at some point more favorable to these 

10116 objects, and have expressed their wishes to dispose of the same, 

10117 and authorized their chiefs to proceed to Washington for the 

10118 purpose of making the necessary arrangement ; it is, therefore, 

10119 after mature deliberation on their part, agreed as follows : 

10120 Article 1. The Swan-Creek and Black-River bands of 

10121 Chippewas cede to the United States the folio wing tracts, namely : 

10122 One tract of three miles square, or five thousand seven 

10123 hundred and sixty acres, on Swan Creek of lake St. Clair; 

10124 one tract of one section and three-quarters, near Salt Creek of 

10125 said lake ; one tract of one^fourth of a section, at the mouth of 

10126 the river Au Vaseau, contiguous to the preceding cession ; and 

10127 one tract of two sections, near the mouth of Black River of the 



228 

10128 river St. Clair, estimated to contaia ia tbe aggregate eight 

10129 thousand three hundred and twenty acres, be the same more or 

10130 less. 

10131 Article 2. In consideration of the foregoing cessions the 

10132 United States agree to pay to the said Indians the net proceeds 

10133 of the sale thereof, after deducting the cost of survey and sale 

10134 and the contingent expenses attending the treaty. The lands 

10135 shall be surveyed and offered for sale m the usual manner at 

10136 the land office in Detroit as soon as practicable after the ratifl- 

10137 cation of this treaty. A special account shall be kept at the 

10138 Treasury of the amount of the sale of the said lands, and after 

10139 deducting therefrom the ^ums hereafter stipulated, to be ad- 

10140 vanced by the United States, ten thousand dollars shall be re- 

10141 tained by the Treasury, and shall be paid to the said Indiana in 

10142 annuities of one thousand dollars a year for ten years ; and the 

10143 residue of the fund shall be vested by the Secretary of the 

10144 Treasury in the purchase of some State stock, the interest of 

10145 which shall be annually paid to the said Indians like other an- 

10146 nuities : Provided, That if at any time hereafter the said In- 

10147 dians shall desire to have the said stock sold, and the proceeds 

10148 paid over to them, the same may be done, if the President and 

10149 Senate consent thereto. 

10150 Article 3. The United States will advance to said Indians 

10151 on the ratification of this treaty, to be deducted from the avails 

10152 of the lands, the sum of two thousand five hundred dollars, and 

10153 also goods to the value of four thousand dollars, to be purchased 

10154 in 'New York and delivered in bulk, at their expense, to the 

10155 proper chiefs at Detroit, or at such point on Lake St. Clair as 

10156 the chiefs may request ; together with the expenses of the 

10157 treaty, the journeys of the Indians to and from Washington, and 

10158 their subsistence and other expenses at the seat of Govern- 

10159 ment. 

10160 Article 4. The United States will furnish the said Indians 

10161 eight thousand three hundred and twenty acres, or thirteen sec- 

10162 tions, of land west of the Mississippi, or northwest of St. 

10163 Anthony's Falls, to be located by an agent or officer of the 

10164 Government, and the evidence of such location shall be delivered 

10165 to the chiefs. 

10166 Proclaimed May 23, 1856. 

10167 CHIPPE WAS— SWAN CREEK AND BLACK RIVER 

10168 BANDS AND MQNSEE OR CHRISTIAN INDIANS. 

10169 Treaty between the United States and the Sivan CreeTc and Black 

10170 Rimr Chij>pewa8 and the Munsee or Christian Indians ; con- 
.10171 eluded July 16, 1859 ; ratijied by the Senate A;pril 19, 1860. 



229 

10172 By the President of the United. States : 

10173 A PEOCLAMATION. 

10174 To all and singular to whom these presents shall come, greeting : 

10175 Whereas a treaty was made and concluded at the Sac and 

10176 Fox agency on the sixteenth day of July, one thousand eight 

10177 hundred and fifty-nine, by David Crawford, commissioner on 

10178 the part of the United States, and certain delegates hereinafter 

10179 named representing the Swan Creek and Black Eiver Chippe- 

10180 was, and the Munsee or Christain Indians, which treaty is in 

10181 the following words, to wit : 

10182 Articles of agreement and convention made and concluded at 

10183 the Sac and Fox agency on this sixteenth day of July, one 

10184 thousand eight hundred and fifty-nine, by David Crawford, 

10185 commissioner on the part of the United States, and the fol- 

10186 lowing-named delegates representing the Swan Creek and 

10187 Black Eiver Chippewas and the Munsee or Christian Indi- 

10188 ans, they being duly authorized tliereto by said Indians, 

10189 viz : Eshton-qnit, or Francis McCoonse, Edward McCoonse, 

10190 William Turner, Antwine Gokey, Henry Donohue, Ignatius 

10191 Caleb, and John Williams. 

10192 Whereas the Swan Creek and Black Eiver band of Chippe- 

10193 was, of Kansas Territory, who were parties to the treaty of 

10194 May 9, 1836, claim to be entitled to participate in the beneficial 

10195 provisions of the subsequent treaty of August 2, 1855, under a 

10196 misapprehension of the terms and conditions of said instru- 

10197 ment, the provisions of which were only designed to embrace 

10198 the Chippewas of Saginaw and that portion of the Chippewas 

10199 of Swan Creek and Black Eiver who were then residing in 

10200 Michigan ; and whereas a reservation of eight thousand three 

10201 hundred and twenty acres, or thirteen sections of land, was set 

10202 apart in Kansas Territory for the use of the Swan Creek and 

10203 Black Eiver band of Chippewas, in consideration of the cession 

10204 and relinquishment of certain lands in the State of Michigan 

10205 which were reserved for said band of Indians by the 6th article 

10206 of the treaty of November 17, 1807 ; and in view of the fact 

10207 that a part of the aforesaid band, who now reside in the Terri- 

10208 tory of Kansas, have not received their full proportion of the 

10209 benefits designed to have been conferred upon them by the pro- 

10210 visions of the second article of the treaty of May 9, 1836, it is 

10211 understood to be the intentioa of the United States, in the exe- 

10212 cution of these articles of agreement and convention, to maui- 

10213 fest their liberality and disposition to encourage said Indians in 

10214 agricultural pursuits, and, with a view to remove from their 

10215 minds all erroneous impressions respecting the non-fulfilment 



230 

10216 of tke stipulations of former treaties, a liberal provision will be 

10217 made for their benefit as hereinafter expressed. It is further 

10218 understood to be the intention of this instrument to unite the 

10219 Munsee or Christian Indians with the aforesaid band of Chip- 

10220 pewas, in order to provide them with a suitable and permanent 

10221 home, as contemplated by the act of Congress entitled "An act 

10222 to confirm the sale of the reservation held by the Christian In- 

10223 dians, and to provide a permanent home for said Indians," ap- 

10224 proved June 8, 1858. 

10225 Article 1. The United States agree that the reservation of 

10226 eight thousand three hundred and twenty acres, or thirteen sec- 

10227 tions of land in Franklin County, Kansas Territory, set apart 

10228 for the entire band of Swan Creek and Black Eiver Chippewas, 

10229 shall inure to the benefit of that portion of said band now resid- 

10230 ing thereon, and the United States shall cause said reservation 

10231 to be surveyed into sections, half, quarter, and quarter quarter 

10232 sections, in harmony with the public-land system. For the pur- 

10233 pose of securing a permanent home thereon for the band of 

10234 Munsee or Christian Indians who have expressed a desire to 

10235 unite with said band of Chippewas, it is agreed between the 

10236 contracting parties to this instrument that the aforesaid bands 

10237 of Indians are hereby united for their mutual advantage as 

10238 herein indicated. And within said reservation there shall be as- 

10239 signed, in severalty, to the members of said united bands, not 

10240 exceeding forty acres of land to each head of a family, and not 

10241 exceeding forty acres to each child or other member of said 

10242 family ; forty acres to each orphan child, and eighty acres to 

10243 each unmarried person of the age of twenty-one years and 

10244 upwards, not connected with any family, to include in each case, 

10245 so far as practicable, a reasonable proportion of timber ; and 

10246 the selections shall be so made as to respect the present improve- 

10247 ments of the aforesaid Chippewas, so far as the same can be done 

10248 consistently with the rights of the Christian Indians ; and when 

10249 it is found expedient to select lands for one Indian, embracing 

10250 part of the improvements made by another, then, in such case, 

10251 a reasonable compensation shall be made for such improvements 

10252 by the Indian to whom they may be assigned by the party enti- 

10253 tied to the same, to be determined by the Secretary of the Inte- 

10254 rior, upon an investigation of the facts in the case. At a suita- 

10255 ble point within said reservation there shall be set apart for the 

10256 establishment of a manual-labor school and educational and mis- 

10257 sionary purposes a quarter section of land, or one hundred and 

10258 sixty acres ; and the land so set apart, together with the tracts 

10259 which may be assigned to the members of said united bands, 

10260 shall be in as regular and compact a body as possible, and so as 

10261 to admit of a distinct and well-defined exterior boundary, em- 



231 

10262 bracing the M'hole of them, aud also any intermediate portions 

10263 or parcels of land or water not included in or made part of the 

10264 tracts assigned in severalty. Any such intermediate parcels of 

10265 land and water shall be held by said united bands in common, 

10266 but in case of increase in the bands of said Indians, or other 

10267 cause rendering it necessary or expedient, the said intermediate 

10268 parcels of land shall be subject to distribution and assignment 

10269 in severalty, in such manner as the Secretary of the Interior 

10270 shall prescribe and direct. The whole of the lauds assigned or 

10271 unassigued in severalty embraced within said exterior boundary 

10272 to include in the aggregate not exceeding seven sections, or 

10273 four thousand eight hundred and eighty acres of land, shall con- 
10271 stitute and be known as the Chippewa and Christian Indian 

10275 reservation, within and over which all laws passed or which 

10276 may be passed by Congress, regulating trade and intercourse 

10277 with the Indian tribes, shall have full force and effect. And no 

10278 white person, except such as may be in the employ of the United 

10279 States, shall be allowed to reside or go upon any portion of said 

10280 reservation without the written permission of the superiuten- 

10281 dent of Indian affairs, or agent or other person who may be in- 

10282 trusted with the management and control thereof. The afore- 

10283 said division and assignment of lands to the Indians shall be 

10284 made under the direction of the Secretary of the Interior, and 

10285 when approved by him shall be final and conclusive. Certifi- 

10286 cates shall be issued by the Commissioner of Indian Affairs for 

10287 the tracts so assigned, specifying the names of the individuals 

10288 to whom they have been assigned respectively, and that they 

10289 are for the exclusive use and benefit of themselves, their heirs, 

10290 and descendants ; and said tracts shall not be alienated in fee, 

10291 leased, or otherwise disposed of, except to the United States, or 

10292 to the members of said bands of Indians, under such rules and 

10293 regulations as may be prescribed by the Secretary of the Inte- 

10294 rior ; and said lands shall be exempt from taxation, levy, sale, 

10295 or forfeiture, until otherwise provided for by Congress. Prior 

10296 to the issue of said certificates, the Secretary of the Interior 

10297 shall make such rules and regulations as he may deem necessary 

10298 and expedient, respecting the disposition of any of said tracts in 

10299 case of the death of the person or persons to whom they may be 

10300 assigned, so that the same shall be secured to the families of 

10301 such deceased persons ; and should any of the Indians to whom 

10302 tracts shall be assigned abandon them, the said Secretary may 

10303 take such action in relation to the proper disposition thereof as 

10304 in his judgment may be necessary and expedient. 

10305 Article 2. After all the selections and assignments herein- 

10306 before specified shall have been made and approved, the residue 

10307 of the land in the tract set apart for the use of the Swan Creek 



232 

10308 and Black Eiver Ohippewas, under the provisions of the fourth 

10309 article of the treaty of May ninth, eighteen hundred and thirty- 

10310 six, which may not be embraced by the exterior boundary of 

10311 the reduced reservation, shall be appraised at a reasonable 

10312 value, and the same shall be sold at public aution to the highest 

10313 bidder, but no bid shall be received for a sum less than the ap- 

10314 praised value, and the proceeds of sale, after deducting there- 

10315 from the expenses incident thereto, shall be regarded as belong- 

10316 ing to the aforesaid band of Ohippewas. The said band of In- 

10317 diaus shall be allowed the sum of three thousand dollars out of 

10318 the funds of the Christian Indians, as a consideration for the 

10319 tracts of land which shall be assigned to the members of said 

10320 band of Indians, and also the sum of sixthousand dollars, (to 

10321 be taken from the Treasury of the United States,) in full satis- 

10322 faction of all claims and demands, legal, equitable, or otherwise, 

10323 which the aforesaid band of Ohippewas may have against the 

10324 United States under the stipulations and provisions of former 

10325 treaties, and these sums of money, together with the proceeds 

10326 of the sales of the lands before mentioned, shall be invested in 

10327 the manner hereinafter provided. And to enable the Secretary of 

10328 the Interior to liquidate the allowance of the aforesaid sum of 

10329 six thousand dollars, he is authorized, at his discretion, to dispose 

10330 of the stock of the State of Missouri, purchased from avails of 

10331 land sold under the treaty of eighteen hundred and thirty-six, 

10332 and such a sum from interest accruing thereon, and of any bal- 

10333 ance of annuities now in the Treasury of the United States re- 

10334 suiting from other treaties with said Indians. 

10335 Article 3. For the purpose of comfortably establishing the 

10336 Ohristian Indians upon the lands which shall be assigned to 

10337 them in severalty, by building them houses, and famishing 

10338 them with agricultural implements, stock animals, and other 

10339 necessary aid and facilities for commencing agricultural pursuits 

10340 under favorable circumstances, there shall be expended, under 

10341 the direction of the Secretary of the Interior, (out of the aggre 

10342 gate sum of forty-three thousand four hundred dollars deposited 

10343 in the Treasury of the United States by A. J. Isacks, to the 

10344 credit of said Secretary for the use of the Ohristian Indians,) a 

10345 sum not exceeding twenty-three thousand dollars, and the bal- 

10346 ance of the aforesaid aggregate sum shall be mingled with the 

10347 funds of the aforesaid band of Ohippewas, and the moneys so 

10348 mingled together shall constitute a joint fund, subject to the 

10349 direction and control of the Secretary of the Interior. Two 

10350 thousand dollars thereof shall be expended for the benefit of 

10351 said united bands of Indians, in providing them with a school- 

10352 house, church building, and blacksmith-shop, and necessary fix- 

10353 tares, and the residue of said joint fund, after deducting there- 



233 

10354 from all the expenses incident to the negotiation of this treaty, 

10355 the survey and assignment of the lands, the concentration of 

10356 the Indians thereon, and all other necessary expenses, shall be 

10357 invested iu safe and profitable stocks, yielding an interest of not 

10358 less than Tive per centum per annum ; and said interest, as it 

10359 becomes due, shall be applied, under the direction of the Secre- 

10360 tary of the Interior, from time to time, for educational purposes, 

10361 for the support of a blacksmith-shop, and such other beneficial 

10362 objects as he may adjudge to be necessary and expedient for the 

10363 general prosperity and advancement of the aforesaid bands of 

10364 Indians in the arts of civilized life. 

10365 Article 4. In consideration of the provisions contained in 

10366 the several articles of this treaty, the aforesaid baud of Swan 

10367 Creek and Black Eiver Ohippewas hereby relinquish all claims 

10368 and demands which they may have against the United States, 

10369 under the stipulations of the treaty of November 17, 1807, and 

10370 the treaty of May 9, 1836 ; and they hereby abandon and renounce 

10371 any and all claims to participate in the provisions of the subse- 

10372 quent treaty of August 2, 1855, and they receive the stipulations 

10373 and provisions contained in these articles of agreement and con- 

10374 vention, in full satisfaction of the terms and conditions of all 

10375 former treaties, and release the United States from the payment 

10376 of all claims of every character whatsoever. 

10377 Article 5. It is agreed that all roads and highways, laid 

10378 out by authority of law, shall have right of way through the 

10379 lands within the reservation hereinbefore specified, on the same 

10380 terms as are ijrovided by law, when roads and highways are 

10381 made through lands of citizens of the United States ; and rail- 

10382 road companies, when the lines of their roads necessarily pass 

10383 through the lands of said Indians, shall have right of way on the 

10384 payment of just compensation therefor in money. 

10385 Article 6. This instrument shall be obligatory on the con- 

10386 tracting parties whenever the same shall be ratified by the Pres- 

10387 ident and the Senate of the United States. 

10388 Proclaimed July 9, 1860. 



10389 OHIPPEWAS— SAGINAW, SWAN CEEBK, AND BLACK 

10390 . EIVEE. 

10391 Franklin Pierce, President of the United States of America, 

10392 to all persons to whom these presents shall come, greeting: 

10393 Whereas a treaty was made and concluded at the city of 

10394 Detroit, in the State of Michigan, on the second day of August, 

10395 one thousand eight hundred and fifty-five, between George W. 

10396 Manypenny and Henry C. Gilbert, commissioners on the part of 

30 it 



234 

10397 the- United States, and the Chippewa Indians of Saginaw, par- 

10398 ties to the treaty of January 14, 1837, and that portion of the 

10399 bands of Chippewa Indians of Swan Creek and Black Eiver, 

10400 parties to the treaty of May 9, 1836, and now remaining in the 

10401 State of Michigan, which treaty is in the words and figures fol- 

10402 lowing, to wit : 

10403 Articles of agreement and convention made and concluded 

10404 at the city of Detroit, in the State of Michigan, this second day 

10405 of August, one thousand eight hundred and fifty-five, between 

10406 George W. Manypenny and Henry C. Gilbert, commissioners on 

10407 the part of the United States, and the Chippewa Indians of 

10408 Saginaw, parties to the treaty of January 14, 1837, and that 

10409 portion of the band of Chippewa Indians of Swan Creek and 

10410 Black Eiver, parties to the treaty of May 9, 1836, and now 

10411 remaining in the State of Michigan. 

10412 In view of the existing condition of the Indians aforesaid, 

10413 and of their legal and equitable claims against the United 

10414 States, it is agreed between the contracting parties as follows, 

10415 viz: 

10416 Article 1. The United States will withdraw from sale, for 

10417 the benefit of said Indians, as herein provided, all the unsold 

10418 public lands within the State of Michigan, embraced in the fol- 

10419 lowing description, to wit : , 

10420 First. Six adjoining townships of land in the county of 

10421 Isabella, to be selected by said Indians within three months 

10422 from this date, and notice thereof given to their agent. 

10423 Second. Townships Nos. 17 and 18 north, ranges 3, 4, and 5 

10424 east. 

10425 The United States will give to each of the said Indians,, be- 

10426 ing a head of a family, eighty acres of land ; and to each single 

10427 person over twenty-one years of age, forty acres of land ; and 

10428 to each family of orphan children under twenty-one years of 

10429 age, containing two or more persons, eighty acres of land ; and 

10430 to each single orphan child under twenty-one years of age, forty 

10431 acres of land ; to be settled and located within the several tracts 

10432 of land hereinbefore described, under the same rules and regu- 

10433 lations, in every respect, as are provided by the agreement con- 

10434 eluded on the 31st day of July, A. 1). 1855, with the Ottawas 

10435 and Chippewas of Michigan, for the selection of their lands. 

10436 And the said Chippewas of Saginaw and Swan Creek and 

10437 Black Eiver shall have the same exclusive right to enter lands 

10438 within the tracts withdrawn from sale for them for five years 

10439 after the time limited for selecting the lands to which they arc 

10440 individually entitled, as is extended to the Ottowas and Chip- 

10441 pewas by the terms of said agreement. 

10442 And the provisions therein contained relative to the pur- 



235 

10443 chase and sale of laud for school-houses, churches, and educa- 

10444 tional purposes, shall also apply to this agreement. 

10445 Abticlb 2. The United States shall also pay to the said 

10446 Indians the sum of two hundred and twenty thousand dollars, 

10447 in manner following, to wit : 

10448 First. Thirty thousand dollars for educational purposes, to 

10449 be paid in five equal annual instalments of four thousand dollars 

10450 each, and in five subsequent equal annual instalments of two 

10451 thousand dollars each, to be expended under the direction of 

10452 the President of the United States. 

10453 Second. Forty thousand dollars, in five equal annual instal- 

10454 meuts of five thousand dollars each, and in five subsequent 

10455 equal annual instalments of three thousand dollars each, in 

10456 agricultural implements and carpenters' tools, household furni- 

10457 ture and building materials, cattle, labor, and all such articles as 

10458 maybe necessary and useful for them in removing to the homes 

10459 herein provided, and getting permanently settled thereon. 

10460 Third. One hundred and thirty-seven thousand and six hun- 

10461 dred dollars in coin, in ten equal instalments of ten thousand 

10462 dollars each, and in two subsequent equal annual instalments 

10463 of eighteen thousand and eight hundred dollars each, to be dis- 

10464 tributed jjer capita in the usual manner for paying annuities. 

10465 Fourth. Twelve thousand and four hundred dollars for the 

10466 support of one blacksmith -shop for ten years. 

10467 The United States will also build a grist and saw mill for 

10468 said Indians at some point in the territory, to be selected by them 

10469 in said -county of Isabella, provided a suitable water-power can 

10470 be found, and will furnish and equip the same with all necessary 

10471 fixtures and machinery, and will construct such dam, race, and 

10472 other appurtenances as may be necessary to render the water- 

10473 power available : Provided, That the whole amount for which 

10474 the United States shall be liable under this provision shall not 

10475 exceed the sum of eight thousand dollars. 

10470 The United States will also pay the further sum of four 

10477 thousand dollars for the purpose of purchasing a saw-mill, and 

10478 in repair of the same, and in adding thereto the necessary 

10479 machinery and fixtures for a run of stone for grinding grain ; 

10480 the same to be located on the tract described in clause " second," 

10481 Article 1. 

10482 The United States will also pay the further sum of twenty 

10483 thousand dollars, or so much thereof as may be necessary^ to be 

10484 applied in liquidation of the present just indebtedness of the said 

10485 Indians : Provided, That all claims i)resented shall be investi- 

10486 gated, under the direction of the Secretary of the Interior, within 

10487 six months, who shall prescribe such rules and regulations for 

10488 conducting such investigation, and for testing the validity and 



236 

104:89 justice of tLe claims as lie shall deem suitable and proper. And 

10490 no claim shall be paid except on the certificate of the said Secre- 

10491 tary that, in his opinion, the same is justly and equitably due ; 

10492 and all claimants who shall not present their claims within such 

10493 time as may be limited by said Secretary, or whose claims, hav- 

10494 ing been presented, shall be disallowed by him, shall be forever 

10495 precluded from collecting the same, or maintaining an action 

10496 thereon in any court whatever : And provided also, That no por- 

10497 tion ot the money due said Indians for annuities, as herein pro- 

10498 vided, shall ever be appropriated to pay their debts under any 

10499 pretence whatever : Provided, That the balance of the amount 

10500 herein allowed as a just increase for the sessions and relinquish- 

10501 ments aforesaid, after satisfaction of the awards of the Secretary 

10502 of the Interior, shall be paid to the said Indians, or expended 

10503 for their benefit in such manner as the Secretary shall prescribe, 

10504 in aid of any of the objects specified in this treaty. 

10505 Article 3. The said Ohippewas of Saginaw, and of Swan 

10506 Cre6k and Black Eiver, hereby cede to the United States all the 

10507 lands within the State of Michigan heretofore owned by them as 

10508 reservations, and whether held for them in trust by the United 

10509 States or otherwise ; and they do hereby, jointly and severally, 

10510 release and discharge the United States from all liability to them , 

10511 and to their or either of their said tribes, for the price and value 

10512 of all such lands, heretofore sold, and the proceeds of which re- 

10513 main unpaid. 

10514 And they also hereby surrender all their and each of their 

10515 permanent annunities, secured to them or either of them by 

10516 former treaty stipulations, including that portion of the annuity 

10517 of eight hundred dollars payable to " the Chipjiewas," by the 

10518 treaty of November 17, 1807, to which they are entitled, it being 

10519 distinctly understood and agreed that the grants and payments 

10520 hereinbefore provided for are in lieu and satisfaction of all 

10521 claims, legal and equitable, on the part of said Indians, jointly 

10522 and severally, against the United States for land, moiiey, or other 

10523 thing guaranteed to said tribes, or either of them, by the stipu- 

10524 lations of any former treaty or treaties. 

10225 Article 4. The entries of land heretofore made by Indians 

10526 and by the Missionary Society of the Methodist Episcopal 

10527 Church for the benefit of the Indians, on lands withdrawn from 

10528 sale in townships 14 north, range 4 east, and 10 north, range 5 

10529 east, in the State of Michigan, are hereby confirmed, and patents 

10530 shall be issued therefor as in other cases. 

10531 Article 5. The United States will provide an interpreter 

10532 for said Indians for five years, and as much longer as the Presi- 

10533 dent may deem necessary. 

10534 Article 6. The tribal organization of said Indians, except 



237 

10535 so far as may be uecessary for the purpose of carrying iuto effect 

10536 the provisions of this agreement, is hereby dissolved. 

10537 Article 7. This agreement shall.be obligatory and binding 

10538 on the contracting parties as soon as the same shall be ratified 

10539 by the President and Senate of the United States. 

10540 Proclaimed June 21, 1856. 

10541 Treaty between the United States of America and the Chippewa In- 

10542 dians of Saginaic, Swan Creelc, and Black Biver, Michigan, 

10543 concluded October IS, 1864; ratificatian advised, with 

10544 amendments, May 22, 1866 ; amendments accepted June 18, 

10545 1866. 

10546 Andrew Johnson, President of the United States of America, 

10547 to all and singular to whom these presents shall come, 

10548 greeting : 

10549 Whereas a treaty was made and concluded at Isabella, in 

10550 the State of Michigan, on the eighteenth day of October, in the 

10551 year of our Lord one thousand eight hundred and sixty -four, by 

10552 and between H. J. Alvord and D. 0. Leach, commissioners on 

10553 the part of the United States; and S. D. Simonds, Lyman Ben- 

10554 nett, Jno. Pay-me-qouung, and other chiefs and head-men of the 

10555 Chippewa Indians of the Saginaw, Swan Creek, and Black 

10556 Eiver, in the State of Michigan, representing said Indians, and 

10557 duly authorized thereto by them, which treaty is in the words 

10558 and figures following, to wit : 

10559 Articles of agreement and convention made and concluded at 
10500 the Isabella Indian reservation, in the State of Michigan, 

10561 on the eigbteenth day of October, in the year one thousand 

10562 eight hundred and sixty -four, between H. J. Alvprd, special 

10563 commissioner of the United States, and D. C. Leach, United 

10564 States Indian agent, acting as commissioners for and on the 

10565 part of the United States, and the Chippewas of Sagina\v, 

10566 Swan Creek, and Black Eiver, in the State of Michigan 

10567 aforesaid, parties to the treaty of August 2d, 1855, as fol- 

10568 lows, viz : 

10569 Article 1. The said Chippewas of Saginaw, Swan Creek, 

10570 and Black Eiver, for and in consideration of the conditions here- 

10571 inafter specified, do hereby release to the United States the sev- 

10572 eral townships of land reserved to said tribe by said treaty 

10573 aforesaid, situate and being upon Saginaw Bay, in said State. 

10574 The said Indians also agree to relinquish to the United 

10575 States all claim to any right they may possess to locate lands in 

10576 lieu of lands sold or disposed of by the United States upon 

10577 their reservation at Isabella, and also the right to purchase the 



238 

10578 unselected lands in said reservation, as provided for in the first 

10579 article of said treaty. 

10580 Article 2. In consideration of the foregoing relinqaish- 

10581 ments, the United States hereby agree to set apart for the ex- 

10582 chisive use, ownership, and occupancy of the said of tine said 

10583 Chippewas of Saginaw, Swan Creek, and Black Eiver, all of the 

10584 unsold lands within the six townships in Isabella County, re- 

10585 served to said Indians by the treaty of August 2, 1855, aforesaid, 

10586 and designated as follows, viz: 

10587 The north half of township fourteen, and townships fifteen 

10588 and sixteen north, of range three west; the north half of town- 

10589 ship fourteen and township fifteen north, of range four west, 

10590 and townships fourteen and fifteen north, of range five west. 

10591 Article 3. So soon as practicable after the ratification of 

10592 this treaty, the persons who have heretofore made selections of 

10593 lands within the townships upon Saginaw Bay, hereby reliu- 

10594 quished, may proceed to make selections of lands upon the Isa- 

10595 bella reservation in lieu of their selections aforesaid, and in 
1059G like quantities. 

10597 After a reasonable time shall have been given for the parties 

10598 aforesaid to make their selections in lieu of those relinquished, 

10599 the other persons entitled thereto may then proceed to make 

10600 their selections, in quantities as follows, viz : 

10601 For each chief of said Indians who signs this treaty, eighty 

10602 acres in addition to their selections already made, and to patents 

10603 in fee simple. 

10604 For one head-man in each band into which said Indians are 

10605 now divided, forty acres, and to patents in fee simple. 

10606 For each person being the head of a family, eighty acres. 

10607 For each single person over the age of twenty-one years, 

10608 forty acres. 

10609 For each orphan child under the age of twenty-one years, 

10610 forty acres. 

10611 For each married female who has not heretofore made a 

10612 selection of land, forty acres. 

10613 And for each other person now living, or who may be born 

10614 hereafter, when he or she shall have arrived at the age of tweuty- 

10615 one years, forty acres, so long as any of the lands in said reserve 

10616 shall remain unselected, and no longer. 

10617 In consideration of, important services rendered to said 

10618 Indians during many years past, by William Smith, John Col- 

10619 lins 1st, Andrew J. Campeau, and Thomas Ohatfield, it is here- 

10620 by agreed that they shall each be allowed to select eighty acres 

10621 in addition to their previous selections, and receive patents there- 

10622 for in fee simple; and to Charles H. Eodd, eighty acres, and a 

10623 patent therefor in fee simple, to be received by said Eodd as a 



239 

10624 full consideratiou and payment of all claims he may have against 

10625 said Indians, except claims against individuals for services ren- 

10626 dered or money expended heretofore by said Eodd for the benefit 

10627 of said Indians. 

10628 It is understood and agreed that those Ottawas and Chippe- 

10629 was and Pottawatomies now belonging to the bands of which Met- 

10630 ayomeig,May-me-she-gaw-day,Keche-kebe-me-mo sayjandWaw- 
lOeSl be-maw-inggun are chiefs, who have heretofore made selections 

10632 upon said reservations, by permission of said Chippewas of Sagi- 

10633 naw, Swan Creek, and Black Eiver, who now reside upon said reser- 

10634 vation in Isabella County, or who may remove to said reservation 

10635 within one year after the ratification of this treaty, shall be en- 

10636 titled to the same rights and privileges to select and hold land 

10637 as are contained in the third article of this agreement. 

10638 So soon as practicable after the ratification of this treaty, 

10639 the agent for the said Indians shall make out a list of all those 

10640 persons who have heretofore made selections of lands under the 

10641 treaty of August 2d, 1855, aforesaid, and of those who may be 

10642 entitled to selections under the provisions of this treaty, and he 

10643 shall divide the persons enumerated in said list into two classes, 

10644 viz, "competent" and "those not so competent." 

10645 Those who are intelligent, and have sufficient education, 

10646 and are qualified by business habits to prudently manage their 

10647 affairs, shall be set down as " competents," and those who are 

10648 uneducated, or unqualified in other respects to prudently man- 

10649 age their affairs, or who are of idle, wandering, or dissolute 

10650 habits, and all orphans, shall be set down as " those not so com- 

10651 petent." 

10652 The United States agrees to issue patents to all persons 

10653 entitled to selections under this treaty, as follows, viz : To those 

10654 belonging to the class denominated *' competents," patents shall 

10655 be issued in fee simple, but to those belonging to the. class of 

10656 " those not so competent," the patent shall contain a provision 

10657 that the land shall never be sold or alienated to any person or 

10658 persons whomsoever, without the consent of the Secretary of the 

10659 Interior for the time being. 

10660 Article 4. The United States agrees to expend the sum of 

10661 twenty thousand dollars for the support and maintenance of a 

10662 manual-labor school upon said reservation : Provided, That the 

10663 Missionary Society of the Methodist Episcopal Church shall, 

10664 within three years after the ratification of this treaty, at its own 

10665 expense, erect suitable buildings for school and boarding-house 

10666 purposes, of a value of not less than three thousand dollars, upon 

10667 the southeast quarter of section nine, township fourteen north, 

10668 of range four west, which is hereby set apart for that purpose 

10669 The superintendent of public instruction, the lieutenant 



240 

10670 governor of the State of Michigan, and one person to be desig- 

10671 nated by said missionary society, shall constitute a board of 

10672 visitors, whose duty it shall be to visit said school once during 

10673 each year, and examine the same, and investigate the character 

10674 and qualifications of its teachers and all other persons con- 

10675 nected therewith, and report thereon to the Commissioner of 

10676 Indian Affairs. 

10677 The said Missionary Society of the Methodist Episcopal 

10678 Church shall have full and undisputed control of the manage- 

10679 ment of said school and the farm attached thereto. Upon the 

10680 approval and acceptance of the school and boarding-house 

10681 buildings by the board of visitors, the United States will pay 

10682 to the authorized agent of said missionary society, for the sup- 

10683 port and maintenance of the school, the sum of two thousand 

10684 dollars, and the like sum annually thereafter until the whole 

10685 sum of twenty thousand dollars sball have been expended. 

10686 The United States reserves the right to suspend the an- 

10687 nual appropriation of two thousand dollars for said school, in part 

10688 or in whole, whenever it shall appear that said missionary society 

10689 neglects or fails to manage the affairs of said school and farm in 

10690 a manner acceptable to the board of visitors aforesaid; and if, at 

10691 any time within a period of ten years after the establishment 

10692 of said school, said missionary society shall abandon said school 

10693 or farm for the purposes intended in this treaty, then, and in 

10694 such case, said society shall forfeit all of its rights in the lands, 

10695 buildings, and franchises under this treaty, and it shall then be 

10696 competent for the Secretary of the Interior to sell or dispose of 

10697 the land hereinbefore designated, together with the buildings 

10698 and improvements thereon, and expend the proceeds of the same 

10699 for the educational interests of the Indians in such manner as 

10700 he may deem advisable. 

10701 At the expiration of ten years after the establishment of 

10702 said school, if said missionary society shall have conducted 

10703 said school and farm in a manner acceptable to the board of 

10704 visitors during said ten years, the United States will convey to 

10705 said society the land before mentioned by patent in trust for 

10706 the benefit of said Indians. 

10707 In case said missionary society shall fail to accept the trust 

10708 herein named within one year after the ratification of this 

10709 treaty, then, and in that case, the said twenty thousand dollars 

10710 shall be jjlaced to the credit of the educational fund of said In- 

10711 dians, to be expended for their benefit in such manner as the 

10712 Secretary of the Interior may deem advisable. 

10713 It is understood and agreed that said missionary society 

10714 may use the school-house now standing upon land adjacent 



241 

10715 to the laud hereinbefore set apart for a school-farm where it 

10716 now stands, or move it upon the land so set apart. 

10717 Article 5. The said Indians agree that, of the last two 

10718 payments of eighteen thousand eight hundred dollars each, 

10719 provided for by the said treaty of August second, eighteen hun- 

10720 dred and fifty-five, the sum of seventeen thousand six hundred 

10721 dollars may be withheld, and the same shall be placed to the 

10722 credit of their agricultural fund, to be expended for their benefit 

10723 in sustaining their blacksmith-shop, in stock, animals, agri- 

10724 cultural implements, or in such other manner as the Secretary 

10725 of the Interior may deem advisable. 

10726 Article 6. The Commissioner of Indian Affairs may, at 

10727 the request of the chiefs and head-men, sell the mill and land 

10728 belonging thereto at Isabella City, on said reservation, and 

10729 apply the proceeds thereof for such beneficiary objects as may 

10730 be deemed advisable by the Secretary of the Interior. 

10731 Article 7. Inasmuch as the mill belonging to said Indians 

10732 is partly located upon land heretofore selected by James Nichol- 

10733 son, it is hereby agreed that upon a relinquishment of ten acres 

10734 of said land by said Nicholson, in such form as may be deter- 

10735 mined by the agent for said Indians, he, the said Nicholson, 
10T36 shall be entitled to select eighty acres of land, subject to the 

10737 approval of the Secretary of the Interior, and to receive a 

10738 patent therefor in fee simple. 

10739 Article 8. It is hereby expressly understood that the 

10740 eighth article of the treaty of August second, eighteen hun- 

10741 dred and fifty-five, shall in no wise be affected by the terms of 

10742 this treaty. 

10743 Proclaimed 16th August, 1866. 



10744 CHIPPEWAS— BOIS FOBTE BAND. 

10745 Treaty betiveen the United States of America and the Bois Forte 

10746 ' land of Chippewa Indians ; concluded April 7, 1866 ; ratifi- 

10747 cation advised, with amendment, April 26, 1866 ; amendment 

10748 accepted, April 28, 1866. 

10749 Andrew Johnson, President of the United States of America) 

10750 to all and singular to whom these presents shall come, 

10751 greeting : 

10752 Whereas a treaty was made and concluded- at the city of 

10753 Washington, in the District of Columbia, on the seventh day of 

10754 April, in the year of our Lord one thousand eight hundred aud 

10755 sixty-six, by and between Dennis N. Oooley and E. E. L. Taylor, 

311 T 



242 

10756 4!ommissioaers on the part of the United States, and Gabe- 

10757 shcodaway or Going through the Prairie, Babawmadjeweshcang 

10758 or Mountain Traveller, and others, chiefs, head-men, and war- 

10759 riors of the Bois Forte band of Chippewa Indians, on the part 

10760 of said band of Indians, and duly authorized thereto by them, 

10761 which treaty is in the words and figures following, to wit : 

10762 Articles of a treaty made and concluded at Washington, Dis- 

10763 trict of Columbia, this seventh day of April, in the year of 

10764 our Lord one thousand eight hundred and sixty-six, by and 

10765 between the United States, party of the first part, by their 

10766 commissioners, D. N. Cooley, Commissioner of Indian Affairs, 

10767 and B. E. L. Taylor, thereunto duly authorized, and the 

10768 Bois Porte band of Chippewa Indians, parties of the second 

10769 part, by the undersigned chiefs, head-men, and warriors of 

10770 said bands, thereunto duly authorized. 

10771 Article 1. The peace and friendship now existing between 

10772 the United States and said Bois Forte bands of Indians shall 

10773 be perpetual. 

10774 Article 2. In consideration of the agreements, stipula- 

10775 tions, and undertakings to be performed by the United States, 

10776 and hereinafter expressed, the Bois Porte bands of Chippewas 

10777 have agreed to, and do hereby, cede and forever relinquish and 

10778 surrender to the United States all their right, title, claim, and 

10779 interest in and to all lands and territory heretofore claimed, 

10780 held, or possessed by them, and lying east of the boundary line 

10781 mentioned and established in and by the first article of the 

10782 treaty made and concluded by and between the United States 

10783 of the one part, and the Chippewas of Lake Superior and the 

10784 Mississippi of the other part, on the 30th day of September, 

10785 A. D. 1854, and more especially in and to all that portion of 

10786 said territory heretofore claimed and occupied by them at and 

10787 near Lake Vermillion as a reservation. The Bois Forte band of 

10788 Chippewas in like manner cede and relinquish forever to the 

10789 United States all their claim, right, title, and interest in and to 

10790 all lands and territory lying westerly of said boundary line, or 

10791 elsewhere within the limits of the United States. 

10792 Article 3. In consideration of the foregoing cession and 

10793 relinquishment, the United States agree to and will perform the 

10794 stipulations, undertakings, and agreements following, that is 

10795 to say : ' 

10796 1st. There shall be set apart within one year after the date 

10797 of the ratification of this treaty, under the direction of the Presi- 

10798 dent of the United States, within the Chippewa country, for the 

10799 perpetual use and occupancy of said Bois Forte band of Chip- 

10800 pewas, a tract of land of riot less than one hundred thousand 

10801 acres, the said location to include a lake known by the name of 



243 

10802 Netor As-sab-a-co-na, if, upoa examination of the coiiutry by the 

10803 agent sent by the President of the United States to select the 

10804 said reservation, it is found practicable to include the said lake 

10805 therein, and also one township of land on the Grand Fork Eiver, 

10806 at the mouth of Deer Creek, if such location shall be found 

10807 practicable. 

10808 2d. The United States will, as soon as practicable after the 

10809 setting apart of the tract of country first above mentioned, erect 

10810 thereon, without expense to said Indians, one blacksmith's shop , 

10811 to cost not exceeding five hundred dollars; one school-house, to 

10812 cost not exceeding five hundred dollars; and eight houses for 

10813 their chiefs, to cost not exceeding four hundred dollars each ; 

10814 and a building for an agency house and storehouse for the stor- 

10815 age of goods and provisions, to cost not exceeding two thousand 

10816 dollars. 

10817 3d. The United States will expend annually for and in 

10818 behalf of said Bois Forte band of Ghippewas, for and during 

10819 the term of twenty years from and after the ratification of this 

10820 treaty, the several sums and for the purposes following, to wit : 

10821 For the support of one blacksmith and assistant, and for tools, 

10822 iron, and steel, and other articles necessary for the blacksmith's 

10823 shop, fifteen hundred dollars; for one school-teacher, and the 

10824 necessary books and stationery for the school, eight hundred 

10825 dollars, the chiefs in council to have the privilege of selecting, 

10826 with the approval of the Secretary of the Interior, the religious 

10827 denomination to which the said teacher shall belong ; for instruc- 

10828 tions of the said Indians in farming, and the purchase of seeds, 

10829 tools, &c., for that purpose, eight hundred dollars ; and for 

10830 annuity payments, the sum of eleven thousand dollars, three 

10831 thousand five hundred dollars of which shall be paid to them in 

10832 money per capita, one thousand dollars in provisions, ammuni- 

10833 tion, and tobacco, and six thousand five hundred dollars to be 

10834 distributed to them in goods and other articles suited to their 

10835 wants and condition. 

10836 Article 4. To enable the chiefs, head-men, and warriors 

10837 now present to establish their people upon the new reservation, 

10838 and to purchase useful articles and presents for their people, the 

10839 United States agree to pay to them, upon the ratification of this 

10840 treaty, the sum of thirty thousand dollars, to be expended under 

10841 the direction of the Secretary of the Interior. 

10842 Aeticlb 5. In consideration of the services heretofore ren- 

10843 deredtothe said Indians by Francis Eoussaire, senior,' Francis 

10844 Eoussaire, jr., and Peter E. Bradshaw, it is hereby agreed that 

10845 the said persons shall each have the right to select one hundred 

10846 and sixty acres of land, not mineral lands, and to receive pat- 

10847 ents therefor from the United States ; and for the like services 



244 

10848 to the Indians, the following named persons, to wit: Peter Eoy, 

10849 Joseph Gurnoe, Francis Eoy, Vincent Eoy, Eustace Eoussaire, 

10850 and D. George Morrison, shall each have the right to select 

10851 eighty acres of land, not mineral lands, and to receive from the 

10852 United States patents therefor. 

10853 Article 6. It is further agreed that all payments of annu- 

10854 ities to the Bois Forte band of Chippewas shall be made upon 

10855 their reservation if, upon examination, it shall be found prac- 

10856 ticable to do so. 

10857 Articl-e 7. It is agreed by and between the parties hereto 

10858 that, upon the ratification of this treaty, all former treaties 

10859 existing between them inconsistent herewith shall be, and the 

10860 same are hereby, abrogated and made void to all intents and 

10861 purposes ; and the said Indians hereby relinquish any and all 

10862 claims for arrears of payments claimed to be due under such 

10863 treaties, or that are hereafter to fall due under the provisions of 

10864 the same, except that as to the third clause of the twelfth article 

10865 of the treaty of September 30, 1854, providing for a blacksmith, 

10866 smith-shop, supplies, and instructions in farming, the same shall 

10867 continue in full force and effect, but the benefits thereof shall 

10868 be transferred to the Chippewas of Lake Superior. 

10869 Article 8. The United States also agree to pay the neces- 

10870 sary expenses of transportation and subsistence of the delegates 

10871 who have visited Washington for the purpose of negotiating 

10872 this treaty, not exceeding the sum of ten thousand dollars. 

10873 Proclaimed April 26, 1866. 



10874 CHIPPEWAS— SAGINAW TEIBE. 

10875 Articles of a treaty made and conoluded at Detroit, in the State of 

10876 Michigan, on the fourteenth day of January, in the year of our 

10877 Lord eighteen hundred and thirty-seven, bettceen the United 

10878 States of America, by their commissioner, Henry B. Schoolcraft, 

10879 and the Saganaw tribe of the CMppeica Nation, by^ tJieir chiefs 

10880 and delegates, assembled in council. 

10881 Article 1. The said tribe cede to the United States the 

10882 following tracts of land, lying within the boundaries of Michi- 

10883 gan ; namely : One tract of eight thousand acres, on the river 

10884 Au Sable. One tract of two thousand acres, on the Misho-icmk 

10885 or Eifle Eiver. One tract of six thousand acres, on the north 

10886 side of the river Kawhawling. One tract of five thousand seven 

10887 hundred and sixty acres upon Flint Eiver, including the site of 

10888 Eeaums village, and a place called EishJcawbaivee, One tract of 



245 

10889 eiglit thousand acres on the head of the Oass (formerly Huron) 

10890 Eiver, at the village of Otussun. One island in the Saganaw 

10891 Bay, estimated at one thousand acres, being the island called 
10893 ShaingicaulcoTcaug, on which Mulcolcoosh formerly lived. One 

10893 tract of two thousand acres at NabaUsh, on the Saganaw Eiver. 

10894 One tract of one thousand acres, on the east side of the Saganaw 

10895 Eiver. One tract of sis hundred and forty acres, at Great Bend, 

10896 on Oass Eiver. One tract of two thousand acres at the mouth 

10897 of Point Augrais Eiver. One tract of one thousand acres, on 

10898 the Oass Eiver, a,t Menoquefs village. One tract of ten thousand 

10899 acres on the Shiawassee Eiver at Ketclieicaundaiigwnin'k or Big 

10900 Lick. One tract of six thousand acres at the Little Forks, on 

10901 the TetabwasinglSiiver. One tract of six thousand acres at the 

10902 Black-Birds' town, on the Tetabwasing Eiver. One tract of 

10903 forty thousand acres, on the west side of the Saganaw Eiver. 

10904 The whole containing one hundred and two thousand four huu- 
10905. dred acres, be the same more or less. 

10906 Article 2. The said Indians shall have the right of living 

10907 upon the tracts at the river Augrais, and Mushowusk or Eifle 

10908 Elvers, on the west side of Saganaw Bay, for the term of five 

10909 years, during which time no white man shall be allowed to settle 

10910 on said tracts, under a penalty of live hundred dollars, to be re- 

10911 covered at the suit of the informer ; one-half to the benefit of 

10912 said informer, the other half to the benefit of the Indians. 

10913 Aktiolb 3. The United States agree to pay to the said 

10914 Indians, in consideration of the lands above ceded, the net pro- 

10915 ceeds of the sales thereof, after deducting the expense of sur- 

10916 vey and sale, together with the incidental expenses of this treaty. 

10917 The lauds shall be surveyed in the usual manner, and offered 

10918 for sale, as other public lands, at the land offices of the proper 

10919 districts, as soon as practicable after the ratification of this 

10920 treaty. A special account of the sales shall be kept at the Trea- 

10921 sury, indicating the receipts from this source, and after deduct- 

10922 ing therefrom the sums hereinafter set apart for specified ob- 

10923 jects, together with all other sums justly chargeable to this fund, 

10924 the balance shall be invested, under the direction of the Presi- 

10925 dent, in some public stock, and the interest thereof shall be an- 

10926 nually paid to the said tribe, in the same manner and with the 

10927 same precautions that annuities are paid : Provided, That if the 

10928 said Indians shall, at the expiration of twenty years, or at any 

10929 time thereafter, require the said stock to be sold, and the pro- 

10930 ceeds thereof distributed among the whole tribe, or applied to 

10931 the advancement of agriculture, education, or any other useful 

10932 object, the same may be done, with the consent of the President 

10933 and Senate. 

10934 Article 4. The said Indians hereby set apart, out of the 



246 

10935 fund created by the sale of their lands, the following sums, 

10936 namely: 

10937 For a special payment to each of the principal chiefs, agreea- 

10938 bly to a schedule annexed, five thousand dollars. 

10939 For the support of schools among their children, ten thou- 

10940 sand dollars. 

10941 For the payment of their just debts, accruing since the treaty 

10942 of Ghent, and before the signing of this treaty, forty thousand 

10943 dollars. 

10944 For compensating American citizens, upon whose property 

10945 this tribe committed depredations after the surrender of Detroit 

10946 in 1812, ten thousand dollars. , 

10947 For meeting the payment of claims which have been consid- 

10948 ered and allowed by the chiefs and delegates in council, as per 

10949 schedule B hereunto annexed, twelve thousand two hundred and 

10950 forty-three dollars and seventy-five cents. 

10951 For vaccine matter, and the services of a physician, one 

10952 hundred dollars per annum for five years. 

10953 For the purchase of tobacco to be delivered to them, two 

10954 hundred dollars per annum for five years. 

10955 The whole of these sums shall be expended under the direc- 

10956 tion of the President, and the following principles shall govern 

10957 the application : The goods and provisions shall be purchased 

10958 by an agent or officer of the Government, on contract, and de- 

10959 livered to them, at their expense, as early as practicable after 

10960 the ratification of the treaty. The annuity of ten thousand dol- 

10961 lars shall be divided among the heads of families, agreeably to 

10962 a census, to be taken for the purpose. The school fund shall be 

10963 put at interest, by investment in stocks, and the interest applied 

10964 annually to the object, commencing in the year 1840, but the 

10965 principal shall constitute a permanent fund for twenty years, 

10966 nor shall the stock be sold, nor the proceeds diverted, at that 

10967 period, without the consent of the President and Senate. 

10968 The monies set apart for the liquidation of their debts, and 

10969 for depredations committed by them, shall be paid, under such 

10970 precautions for ascertaining the justice of tte indebtedness or 

10971 claim, as the President may direct, but no paymentshall be made, 
10973 under either head, which is not supported by satisfactory proof, 

10973 and sanctioned by the Indians ; and if any balance of either 

10974 sum remains it shall be immediately divided by the disbursing 

10975 officer among the Indians. The other items of expenditure 

10976 mentioned in this article shall be disbursed, under the usual 

10977 regulations of the Indian Department for insuring faithfulness 

10978 and accountability in the application of the money. 

10979 Article 5. The United States will advance the amount set 

10980 apart in the preceding article for the purchase of goods and pro- 



247 

10981 visions, and the payment of debts and depredations by the tn- 

10982 dians ; also the several sums stipulated to be paid to the chiefs, 

10983 and distributed to the Indians as an annuity in 1837, and the 

10984 amount set apart for claims allowed by the Indians, together 
10985, with the expense of this negociation. 

10986 Article 6. The said tribe agrees to remove from the State 

10987 of Michigan as soon as a proper location can be obtained. For 

10988 this purpose a deputation shall be sent to view the country oe- 

10989 cupied by their kindred tribes, west of the most westerly point 

10990 of Lake Superior, and if an arrangement for their future and 

10991 permanent residence can be made in that quarter, which shall 

10992 be satisfactory to them and to the Government, they shall be 

10993 permitted to form a reunion with such tribes, and remove thereto. 

10994 If such arrangement cannot i>e effected, the United States will 

10995 afford its influence in obtaining a location for them at such 

10996 place west of the Mississippi and southwest of the Missouri as 

10997 the legislation of Congress may indicate. The agency of the 

10998 exploration, purchase, and removal will be performed by the 

10999 United States, but the expenses attending the same shall be 

11000 chargeable to said Indians at the Treasury, to be refunded out of 

11001 the proceeds of their lands at such time and in such manner as 

11002 the Secretary of the Treasury shall deem proper. 

11003 AuTiCLE 7. It is agreed that the smith's shop shall be con- 

11004 tinned among the Saganaws, together with the aid in agrical- 

11005 ture, farming utensils, and cattle secured to them under the 

11006 treaty of September 24th, 1819, as fixed, in amount, by the act of 

11007 Congress, May 15th, 1820. But the President is authorized to 

11008 direct the discontinuance of the stated farmers should he deem 

11009 proper, and the employment of a supervisor or overseer, to be 

11010 paid out of this fund, who shall procure the services, and make 

11011 the purchases required, under such instructions as may be is- 

11012 sued by the proper department. And the services shall be ren- 

11013 dered, and the shop kept, at such place or places as may be 

11014 most beneficial to the Indians. It shall be competent for the 

11015 Government, at the request of the Indians seasonably made, to 

11016 furnish them agricultural products, or horses and saddlery, in lieu 

11017 of said services, whenever the fund will Justify it: Provided, 

11018 That the whole annual expense, including the pay of the super- 

11019 visor, shall not exceed the sum of two thousand dollars, fixed by 

11020 the act herein above referred to. 

11021 Article 8. The United States agree to pay to the said 

11022 tribe, as one of the parties to the treaty concluded at Detroit 

11023 on the 17th of November, 1807, the sum of one thousand dollars, 

11024 to quiet their claim to two reservations of land, of two sections 

11025 each, lying in Oakland County, in the State of Michigan, which 

11026 were ceded to the Government by the Pottowattomies of St. 



248 

11027 Joseph's on tbe nineteenth of September, 1827. l^is sum will 

11028 be paid to the chiefs who are designated in the schedule referred 

11029 to in the fourth article, at the same time and place that the 

11030 annuities for the present year are paid to the tribe. And the 

11031 said tribe hereby relinquish and acknowledge full satisfaction for 

11032 any claim they now have, or have ever possessed, to the reser- 

11033 vations aforesaid. 

11034 Akticle 9. ^"othing in this treaty shall be construed to 

11035 affect the payment of any annuity due to the said tribe by any 

11036 prior treaty. But the same shall be paid as heretofore. 

11037 Article 10. Abrogated by Article 4 of Treaty of December 

11038 20, 1837, page 251. 

11039 Article 11. The usual expenses attending the formation of 

11040 this treaty will be paid T»y the United States, provided that 

11041 the Government may, in the discretion of the President, direct 

11042 the one moiety thereof to be charged to the Indian fund created 

11043 by the third article of this treaty. 

11044 Proclaimed July 2, 1838. 

11045 Schedule of the names of chiefs entitled to payments under the fourth 

11046 and eighth articles of the foregoing treaty. 

11047 Tlie following chiefs, representing the several bands of tbe 

11048 tribe of the Saganaws, are entitled to receive the several sums 

11049 of iive hundred and one hundred dollars each, to wit : 

11050 1. Ogima Kegido. 

11051 2. Shawun, Epenaysse. 
11062 3. Naum Gitchegome. 

11053 4. MaukEsaub. 

11054 5. Muckuk, Kosh. 

11055 6. Peteway, Weetum. 

11056 7. Paypah, Monshee. 

11057 8. Tontagonee. 

11058 9. Wasse. 

11059 10. Wahputo-ains. 

11060 HENEY K. SOHOOLCEAPT, 

11061 Commissioner. 

11062 Schedule B. 

11063 ToWawasso $400 00 

11064 Ke-she-ah-be-no qua, sister of Wawasso 400 00 

11065 Ke-wah-ne-quot 400 00 

11066 Peter Provencal 400 00 

11067 Leon, or Oge-ma-ge-ke-to 400 00 

11068 Moran, or Ghemoquemont -- 200 00 

11069 Ke-she-go-qua ....>..: 200 00 



249 

11070 To Wetonsaw, son of James Connor $400 00 

11071 Odis-pa-be-go-qua and children 800 00 

11072 Pen-a-see 400 00 

11073 Ozhe-me-ega , 400 00 

11074 Bourissa's wife, at river au Sable 800 00 

11075 Nah-bwa-quo-una 400 00 

11076 Muttoway-bun-gee 400 00 

11077 ^ Ghonne 400 00 

11078 'Mah-in-guu 800 00 

11079 Ma-conse 800 00 

11080 J. P. Simonton 800 00 

11081 Wabishkiadib, or Henry Conner 3, 243 75 

11082 Peepegauaince - 200 00 

11083 Articles supplementary to certain treaties beticeen the United States 

11084 and the Saganaio tribe of Chippewas. 

11085 Akticle 1. Whereas the said tribe have, by the treaty of 

11086 the 14th January, 1837, ceded to the United States all their 

11087 reserves of land in the State of Michigan, on the principle of 

11088 said reserves being sold at the public land-oftices for their benefit, 

11089 and the actual proceeds being paid to them, as farther defined 

11090 by stipulations contained in the amendments to said treaty of 

11091 the 20th December, 1837, and of the 23d January, 1838 ; and 

11092 whereas it is required by a subsequent law of Congress to erect 

11093 a light-house on one of said reserves, called !Na-bo-bish tract, 

11094 lying at the mouth of the Saganaw Eiver, and to reserve so much 

11095 of the same from sale as may be necessary : It is therefore hereby 

11096 agreed by the said tribe that for and in consideration of the sum 

11097 of eight dollars per acre, one-sixteenth of a section of said tract, 

11098 situated as aforesaid, shall be, and the same is hereby, appro- 

11099 priated and set apart to be located and disposed of in any man- 

11100 ner the President may direct. And the same shall be reserved 

11101 from sale, and all claim to any proceeds therefrom, except the 

11102 sum hereinbefore stipulated, is fully, completely, and forever 

11103 relinquished by said tribe. 

11104 Aeticle 2. This compact shall be submitted to the Presi- 

11105 dent and Senate of the United States, to be approved by them, 

11106 whereupon possession of the land may be immediately taken, 

11107 and the usufructory right of the Indians thereto shall cease. 

11108 Proclaimed March 2, 1839. 

11109 Supplementary article to a certain, treaty between the United States 

11110 and the Ghippeica chiefs of Saganaw, concluded at Lower Sag- 
mil anaw, on the seventh day of February, eighteen hundred and 

11112 thirty-nine. 

11113 Article 1. "Whereas by the first article of the aforesaid 

11114 treaty, the chiefs stipulate to sell to the United States forty 

32 I T 



250 

11115 acres of land to be located on the Na-bo-bish tract at the moutl 

11116 of Saganaw river, for the purpose of erecting thereon a light 

11117 house: 

11118 Now, provided the President of the United States shoulc 

11119 prefer forty acres on the tract known as the forty-thousand- 

11120 acre reservation, at the mouth of the aforesaid river, he is fuUj 

11121 authorized by these presents to change the location from the Na 

11122 bo-bish tract to the said forty-thousand-acre reservation. 

11123 Proclaimed March 2, 1839. 

11124 Articles of a treaty made and concluded at Flint Biver, in the Statt 

11125 of Michigan, on the twentieth day of December, eighteen hun- 

11126 dred and thirty-seven, between the United States, hy Henry B. 

11127 Schoolcraft, commissioner duly authorized for that purpose, 

11128 and acting superintendent of Indian affairs, and the Saganaw 

11129 tribe of Ghippewas. 

11130 Article 1. It is agreed that the sum of fifty cents per 

11131 acre shall be retained out of every acre of land ceded by said 

11132 tribe, by the treaty of the 14th of January, 1837, as an indem- 

11133 nification for the location to be furnished for their future per- 

11134 manent residence and to constitute a fund for emigrating 

11135 thereto. 

11136 Article 2. The United States agree to reserve a location 

11137 for said tribe on the head-waters of the Osage Eiver, in the 

11138 country visited by a delegation of the said tribe during the 

11139 present year, to be of proper extent agreeably to their numbers, 

11140 embracing a due proportion of wood and water, and lying con- 

11141 tiguous to tribes of kindred language. Nor shall anything con- 

11142 tained in the sixth article of the treaty of the 14th January, 

11143 1837, entitle them at this time to a location in the country west 

11144 of Lake Superior. 

11145 Article 3. Nothing embraced in the fifth article of said 

11146 treaty shall obligate the United States, at the present time, to 

11147 advance from the Treasury the entire amount appropriated by 

11148 the said tribe in the fourth article of said treaty ; but the Pres- 

11149 ident shall have authority to direct such part of the said moneys 

11150 to be paid for the objects indicated, so far as the same are not 

11151 hereinafter modified, as he may deem proper : Provided, That 

11152 the whole sum so advanced shall not exceed seventy-flve thou- 

11153 sand dollars. And the reduction shall be made upon the sev- 

11154 eral items ratably, or in any other manner he may direct : Pro- 

11155 vided, That the balance of said appropriations, or of any item 

11156 or items thereof, shall be paid out of the proceeds of the ceded 

11157 lands, as soon as the fund will permit and the President may 

11158 direct. 



251 

11159 Article 4. The first and second clauses of tlie fourth ar- 

11160 tide of the treaty of the 14th of January, 1837, and the tenth 
lllCl article of said treaty are hereby abrogated ; and in lieu thereof 

11162 it is agreed that theTJnited States shall pay to said tribe in each 

11163 of the years 1838 and 1839, respectively, an annuity of live thou- 

11164 sand dollars, and goods to the amount of ten thousand dollars, 

11165 to be advanced by the Treasury, and to be refunded out of the 

11166 first proceeds of their lands. But no further annuity, nor in any 

11167 higher amounts, shall be paid to them by virtue of the treaty 

11168 aforesaid, untill the same shall be furnished by the interest of 

11169 the proceeds of their lands, vested in conformity with the pro- 

11170 visions of the third article of said treaty. 

11171 Article 5. Several of the chiefs entitled to payments by 

11172 schedule A affixed to the treaty aforesaid having died within 

11173 the year, it is agreed that the proportion of the fund to which 

11174 they would have been entitled may be redivided in such man- 

11175 ner as the President may direct. 

11176 Abticlb 6. No act of Congress shall confer upon any cit- 

11177 izen or other person the right of pre-emption to any lands ceded 

11178 to the United States by the treaty of the 14th of January, 1837, 
■ 11179 herein above referred to. Nor shall any construction be put 

11180 upon any existing law respecting the public lands granting this 

11181 right to any lands ceded by said ti'eaty. 

11182 Article 7. The United States will pay the expenses of this 

11183 negotiation, together with the unpaid expenses of the prior ne- 

11184 gotiations with said tribe of the 24th of May, 1836, and of the 

11185 14th of January, 1837. 

11186 Proclaimed July 3, 1838. 



11187 CHIPPEWAS.— THE BANDS COMPEEHENDED WITHIN 

11188 THE DISTRICT OP SAGINAW. 

11189 Articles of a treaty concluded at the city of Saganaw in Michigan, 

11190 on the twenty-third day of January, eighteen hundred and 

11191 thirty-eight, between the United States of America, by the %n- 

11192 dersigned commissioner, and the several bands of the Chippewa 

11193 Nation comprehended within the district of 8aganaw. 

11194 Whereas the chiefs of said bands have represented that 

11195 combinations of purchasers may be formed, at the sale of their 

11196 lauds, for the purpose of keeping down the price thereof, both 

11197 at the public and private sales, whereby the proceeds would be 

11198 greatly diminished ; and 

11199 Whereas such a procedure would defeat some of the primary 

11200 objects of the cession of the lands to the United States, and 



252 

11201 thereby originate difficulties to their early removal and expatri- 

11202 ation to the country west of the Mississippi ; and 

11203 Whereas full authority has been given to the undersigned, 

11204 respectively, on the part of the United States and the said 

11205 bands, to conclude and settle every question connected with the 

11206 sale and cession aforesaid : 

11207 JSTow, therefore, to the end that justice may cohipletely ensue, 

11208 the objects of both the contracting parties be attained, and peace 

11209 and friendship be preserved with said tribes, it is mutually 

11210 agreed as follows : 

11211 Aeticlb 1. The lands ceded by the treaty of the 14th of 

11212 January, 1837, shall be offered for sale, by proclamation of the 

11213 President, and the sale shall be conducted in the same manner 

11214 as the laws require other lands to be sold : But it is provided, 

11215 That all lands brought into market under the authority of said 

11216 treaty shall be put up for sale by the register and receiver of 

11217 the respective land office at five dollars per acre, which is hereby 

11218 declared to be the minimum price thereof; and if this price is 

11219 not bid the sales shall be stopped; nor shall any such lands be 

11220 disposed of, either at public or private sales, for a sum less than 

11221 five dollars per acre, for and daring the term of two years from 

11222 the commencement of the sale. Should any portion of said 

11223 lands remain unsold at the expiration of this time, the minimum 

11224 price shall be diminished to two dollars and fifty cents per acre, 

11225 at which price they shall be subject to entry until the whole 

11226 quantity is sold : Provided, That if any part of said lands remain 

11227 unsold at the expiration of five years from the date of the rati- 

11228 fication of this treaty, such lands shall fall under the provision 

11229 of third article of this treaty. 

11230 Aeticle 2. To provide against the contingency of any of 

11231 said lands remaining unsold, and to remove any objections to 

11232 emigrating, on the part of the Indians, based on such remainder, 

11233 it is hereby agreed that every such section, fractional section, 

11234 or other unsold remainder, shall, at the expiration of five years 

11235 from the ratification of this treaty, be sold for such sum as it 

11236 will command : Provided, That no such sale shall be made for 

11237 less than seventy-five cents per acre. 

11238 Article 3. This treaty shall be binding from the date of 

11239 its constitutional ratification ; but its validity shall not be affected 

11240 by any modification or non-concurrence of the President and 

11241 Senate in the third and fourth articels thereof. 

11242 Proclaimed July 2, 1838. 



253 



11243 CHIPPEWAS OP SAULT STE. MAEIE. 

11244 Franklin Pierce, President of the United States of America, 

11245 to all and singular to wliom these presents shall come, 

11246 greeting : 

11247 Whereas a treaty was made and concluded at the city of 

11248 Detroit, in the State of Michigan, the second day of August, 

11249 eighteen hundred and fifty-five, by George W. Manypenny arid 

11250 Henry 0. Gilbert, commissioners on the part of the United 

11251 States, and the Chippewa Indians of Sault Ste. Marie, which 

11252 treaty is in the words and figures following, to wtt : 

11253 Articles of agreement made and concluded at the city of De- 

11254 troit, in the State of Michigan, the second day of August, 

11255 1855, between George W. Manypenny and Henry C. Gil- 

11256 bert, commissioners on the part of the United States, and 

11257 the Chippewa Indians of Sault Ste. Marie. 

■ 11258 Article 1. The said Chippewa Indians surrender to the 

11259 United States the right of fishing at the falls of St. Mary's, and 

11260 of encampment, convenient to the fishing-ground, secured to 

11261 them by the treaty of June 16, 3 820. 

11262 Article 2. The United" States will appoint a commissioner 

11263 who shall, within six months after the ratification of this treaty, 

11264 personally visit and examine the said fishery and place of en- 

11265 campment, and determine the value of the interest of the In- 

11266 dians therein as the same originally existed. His award shall 

11267 be reported to the President, and shall be final and conclusive, 

11268 and the amount awarded shall be paid to said Indians, as annu- 

11269 ities are paid, and shall be received by them in full satisfaction 

11270 for the right hereby surrendered : Provided, That one-third of 

11271 said award shall, if the Indians desire it, be paid to such 'of 

11272 their half-breed relations as they may indicate. 

11273 Article 3. The United States also give to the chief, 

11274 O-shaw-waw-no, for his own use, in fee-simple, a small island in 

11275 the river St. Mary's, adjacent to the camping-ground hereby 

11276 surrendered, being the same island on which he is now en- 

11277 camped, and said to contain less than half an acre : Provided, 

11278 That the same has not been heretofore otherwise appropriated 

11279 or disposed of; and in such case, this grant is to be void, and 

11280 no compensation is to be claimed by said chief of any of the 

11281 Indians, parties hereto, in lieu thereof. 

11282 Article 4. This agreement shall be obligatory and bind- 

11283 ing on the contracting parties as soon as the same shall be rati- 

11284 fied by the President and Senate of the United States. 

11285 Proclaimed April 24, 1856. 



254 

11286 OHIPPBWAS, EBD LAKE, AND PEMBINA BANDS. 

11287 Treaty between the United States and the Bed Lake and Pembina 

11288 bands of Chippewa Indians, concluded in Minnesota October 

11289 2, 1863 ; ratified by the Senate, with amendments, March 1, 

11290 1864; amendments assented to April 12, 1864. 

11291 By the President of the United States of America : 

11292 A PEOCLAMATION. 

11293 To all and singular to wlioui these presents shall come, greeting : 

11294 Whereas a treaty was made and concluded at the Old Cross- 

11295 ing of Eed Lake Eiver, in the State of Minnesota, on the second 

11296 day of October, in the year of our Lord one thousand eight hun- 

11297 dred and sixty-three, by and between Alexander Eamsey and 

11298 Ashley C. Morrill, commissioners on the part of the United 

11299 States, and the hereinafter-named chiefs, head-men, and warriors 

11300 of the Eed Lake and Pembina bands of Chippewa Indians, on 

11301 the part of said bands, and duly authorized thereto by them, 

11302 which treaty is in the words and figures following, to wit : 

11303 Articles of a treaty made and concluded at the Old Crossing of 

11304 Eed Lake Eiver, in the State of Minnesota, on the second 

11305 day of October, in the year eighteen hundred and sixty- 

11306 three, between the United States of America, by their com- 

11307 missioners, Alexander Eamsey and Ashley C. Morrill, agent 

11308 for the Chippewa Indians, and the Eed Lake and Pembina 

11309 bands of Chippewas, by their chiefs, head-men, and war- 

11310 riors. 

11311 Article 1. The peace and friendship now existing between 

11312 the United States and the Eed Lake and Pembina bands of 

11313 Chippewa Indians shall be perpetual. 

11314 Article 2. The said Eed Lake and Pembina bands of 

11315 Chippewa Indians do hereby cede, sell, and convey to the United 

11316 States all their right, title, and interest in and td all the lands 

11317 now owned and claimed by them in the State of Minnesota and 

11318 in the Territory of Dakota within the following described bound- 

11319 aries, to wit : Beginning at the point where the international 

11320 boundary between the United States and the British possessions 

11321 intersects the shore of the Lake of the Woods ; thence in a direct 

11322 line southwestwardly to the head of Thief Eiver ; thence down 

11323 the main channel of said Thief Eiver to its mouth on the Eed 

11324 Lake Eiver; thence in a southeasterly direction, in a direct 

11325 line toward the head of Wild Eice Eiver, to the point where 

11326 such line would intersect the northwestern boundary of a tract 



255 

11327 ceded to the United States by a treaty concluded at Washing- 

11328 ton on tlie 22d day of February, in the year eighteen hundred 

11329 and flfty-flve, with the Mississippi, Pillager, and Lake Winne- 

11330 bigoshish bands of Chippewa Indians ; thence along the said 

11331 boundary-line of the said cession to the month of Wild Eice 

11332 Eiver ; thence up the main channel of the Eed Elver to the 

11333 mouth of the Shayenne; thence up the main channel of the 

11334 Shayenne Eiver to Poplar Grove ; thence in a direct line to the 
* 11335 Place of Stumps, otherwise called Lake Chicot ; thence in a 

11336 direct line to the head of the main branch of Salt Eiver ; thence 

11337 in a direct line due north to the point where such line would in 

11338 tersect the international boundary aforesaid ; thence eastwardly 

11339 along said boundary to the place of beginning. 

11340 Aktiole 3. In consideration of the foregoing cession, the 

11341 United States agree to pay to the said Eed Lake and Pembina 

11342 bands of Chippewa Indians the following sums, to wit : Twenty 

11343 thousand dollars per annum for twenty years, the said sum to 

11344 be distributed among the Chippewa Indians of the said bands in 

11345 equal amounts per capita, and for this purpose an accurate enu- 

11346 meration and enrollment of the members of the respective bands 

11347 and families shall be made by the offlcers of the United States : 

11348 Provided, That so much of this sum as the President of the 

11349 • United States shall direct, not exceeding five thousand dollars 

11350 per year, may be reserved from the above sum and applied to 

11351 agriculture, education, the purchase of goods, powder, lead, &c., 

11352 for their use, and to such other beneficial purposes calculated to 

11353 promote the i^rosperity and happiness of the said Chippewa In- 

11354 dians, as he may prescribe. 

11355 Article 4. And in further consideration of the foregoing 

11356 cession, and of their promise to abstain from such acts in future 

11357 the United States agree that the said Eed Lake and Pembina 

11358 bands of Chippewa Indians shall not be held liable to punis h 

1 1359 ment for past offences. And in order to make compensation to 

11360 the injured parties for the depredations committed by the said 

11361 Indians on the goods of certain British and American traders at 

11362 the mouth of Eed Lake Eiver, and for exactions forcibly levied 

11363 by them on the proprietors of the steamboat plying on the Eed 

11364 Eiver, and to enable them to pay their just debts, the United 

11365 States agree to appropriate the sum of one hundred thousand 

11366 dollars, it being understood and agreed that the claims of indi- 

11367 viduals for damages or debt under this article shall be ascer. 

11368 tained and audited, in consultation with the chiefs of said bands, 

11369 by a commissioner or commissioners appointed by the President 

11370 of the United States; furthermore, the sum of- two thousand 

11371 dollars shall be expended for powder, lead, twine, or such other 

11372 beneiicial purposes as the chiefs may request, to be equitably 



256 

11373 distributed among the said bands at the first payment: Provided, 

11374 That no part of the sum of one hundred thousand dollars shall 

11375 be appropriated or paid to make compensation for damages or 

11376 for the payment of any debts owing from said Indians until the 

11377 said commissioner or commissioners shall report each case, with 

11378 the proofs thereof, to the Secretary of the Interior, to be sub- 

11379 mitted to Congress, with his opinion thereon, for its action ; and 

11380 that after such damages and debts shall have been paid, the res- 

11381 idue of said sum shall be added to the annuity funds of said In- 

11382 dians, to be divided equally upon said annuities. 

11383 Article 4. To encourage and aid the chiefs of said bands 

11384 in preserving order and inducing, by their example and advice, 

11385 the members of their respective bands to adopt the habits and 

11386 jmrsuits of civilized life, there shall be paid to each of the said 

11387 chiefs annually, out of the annuities of the said bands, a sum 

11388 not exceeding one hundred and fifty dollars, to be determined 

11389 by their agents according to their respective merits. And for 

11390 the better promotion of the above objects, a further sum of five 

11391 hundred dollars shall be paid at the first payment to each of the 
11393 said chiefs, to enable him to build for himself a house. Also, 

11393 the sum of five thousand dollars shall be appropriated by the 

11394 United States for cutting out a road from Leech Lake to Ked 

11395 Lake. 

11396 Article 5. The President shall appoint a board of visitors, 

11397 to consist of not less than two nor more than three persons, to 

11398 be selected from such Christian denominations as he may desig- 

11399 nate, whose duty it shall be to attend at all annuity payments 

11400 of the said Chippewa Indians, to inspect their fields and other 

11401 improvements, and to report annually thereon on or before the 

11402 first day of November, and also as to the qualifications and moral 

11403 deportment of all persons residing upon the reservation under 

11404 the authority of law; and they shall receive for their services 

11405 five dollars a day for the time actually employed, and ten cents 

11406 per mile for travelling expenses: Provided, That no one shall be 

11407 paid iu any one year for more than twenty days' service or for 

11408 more than three hundred miles' travel. 

11409 Article 6. The laws of the United States now in force, or 

11410 that may hereafter be enacted, prohibiting the introduction and 

11411 sale of spirituous liquors in the Indian country, shall be in full 

11412 force and effect throughout the country hereby ceded, until 

11413 otherwise directed by Congress or the President of the United • 

11414 States. 

11415 Article 7. In further consideration of the foregoing ces- 

11416 sion, it is hereby agreed that the United States shall grant to 

11417 each male, adult half-breed, or mixed-blood who is related by 

11418 blood to the said Chippewas of the said Eed Lake or Pembina 



257 

11419 bands who has adopted the habits aad customs of civilized life, 

11420 and who is a citizen of the United States, a homestead of one 

11421 hundred and sixty acres of land, to be selected at his option, 

11422 within the limits of the tract of country hereby ceded to the 

11423 United States, on any land not previously occupied by actual 

11424 settlers or covered by prior grants, the boundaries thereof to be 

11425 adjusted in conformity with the lines of the official surveys when 

11426 the same shall be made, and with the laws and regulations of 

11427 the United States affecting the location and entry of the same : 

11428 Provided, That no scrip shall be issued under the provisions of 

11429 this article, and no assignments shall be made of any right, title, 

11430 or interest at law or in equity until a patent shall issue, and no 

11431 patent shall be issued until due proof of five years' actual resi- 

11432 dence and cultivation, as recjuired by the act entitled "An act 

11433 to secure homesteads on the public domain." 

11434 Article 8. Upon the urgent request of the Indians, parties 

11435 to this treaty, there shall be set apart from the tract hereby 

11436 ceded a reservation of (640) six hundred and forty acres near the 

11437 mouth of Thief Eiver for the chief " Moose Dung," and a like 

11438 reservation of (640) six hundred and forty acres for the chief 

11439 "Ked Bear," on the north side of Pembina Eiver. 

11440 Proclaimed May 5, 1864. 

11441 Supplementary articles to the treaty between the United States and 

11442 the Bed Lake and Pembina bands of Chippeica Indians, con- 

11443 eluded at Washington April 12, 1864 ; ratified by the Senate 

11444 April 21, 1864. 

11445 By the President of the United States of America. 

11446 A PEOCLAMATION. 

11447 To all and singular to wliom these presents shall come, greeting : 

11448 Whereas a treaty was made and concluded at the city of 

11449 Washington, in the District of Columbia, on the 12th day of 

11450 April, in the year of our Lord one thousand eight hundred and 

11451 sixty-four, by and between Clark W. Thompson and Ashley C. 

11452 Morrill, commissioners on the part of the United States, and 

11453 the hereinafter-named chiefs, head-men, and warriors of the 

11454 Eed Lake and Pembina bands of Chippewa Indians, on behalf 

11455 of and duly authorized thereto by said bands, which treaty is in 

11456 the words and figures following, to wit : 

11457 Articles supplementary to the treaty made and concluded at the 

11458 Old Crossing of Eed Lake Eiver, in the State of Minnesota, 

11459 on the second day of October, in the year eighteen hundred 

11460 and sixty-three, between the United States of America, by 

33 IT 



258 

11461 their commissioners, Clark W. Thompson and Ashley C. 

11462 Morrill, and the Eed Lake and Pembina bands of Chippewa 

11463 Indians, by their chiefs, head-men, and warriors, concluded 

11464 at the city of Washington, District of Columbia, on the 

11465 twelfth day of April, in the year eighteen hundred and 

11466 sixty-four, between the United States, by the said commis- 

11467 sioners, of the one part, and the said bands of the Chippe- 

11468 wa Indians, by their chiefs, head-men, and warriors, of the 

11469 other part. 

11470 Article 1. The said Eed Lake and Pembina bands of 

11471 Chippewa Indians do hereby agree and assent to the provisions 

11472 of the said treaty, concluded at the Old Crossing of Red Lake 

11473 Eiver, as amended by the Senate of the United States, by reso- 

11474 lution bearing date the first day of March, in the year eighteen 

11475 hundred and sixty-four. 

11476 Akticle 2. In consideration of the cession made by said 

11477 treaty, concluded at the Old Crossing of Eed Lake Eiver, and 

11478 in lieu of the annuity payment provided for by the third article 

11479 of said last-mentioned treaty, the United States will pay annu- 

11480 ally, during the pleasure of the President of the United States, 

11481 to the Eed Lake band of Chippewas the sum of ten thousand 

11482 dollars, and to the Pembina band of Chippewas the sum of five 

11483 thousand dollars, which said sums shall be distributed to the 

11484 members of said bands, respectively, in equal amounts per cap. 

11485 ita, for which purpose an accurate enumeration and enrollment 

11486 of the members of the respective bands shall be made by the 

11487 ofacers of the Pnited States. 

11488 Article 3. The United States will also expend annually, for 

11489 the period of fifteen years, for the Red Lake band of Chippewas, 

11490 for the purpose of supplying them with gilling-twine, cotton 

11491 mater, calico, linsey, blankets, sheeting, flannels, provisions, 

11492 farming- tools, and for such other useful articles and for such 

11493 other useful purposes as may be deemed for their best interests, 

11494 the sum of eight thousand dollars j and will expend in like 

11495 manner, and for a like period, and for like purposes, for the 

11496 Pembina band of Chippewas, the sum of four thousand dollars. 

11497 Article 4. The United States also agree to furnish said 

11498 bands of Indians, for the period of fifteen years, one blacksmith, 

11499 one physician, one miller, and one farmer ; and will also furnish 

11500 them annually, daring the same period, with fifteen hundred 

11501 dollars' worth of iron, steel, and other articles for blacksmithing 

11502 purposes, and one thousand dollars for carpentering and other 

11503 purposes. 

11504 Article 5. The United States also agree to furnish for said 

11505 Indians, at some suitable point, to be determined by the Secre- 
L1506 tary of the Interior, a saw-mill, with a run of millstones attached. 



259 

11507 Akticle 6. It is further agreed, by and between the par- 

11508 ties hereto, that article four of the said treaty, concluded at the 

11509 Old Crossing of Eed Lake Eiver, and the amendment to said 

11510 article, shall be modified as follows : that is to say, twenty-five 

11511 thousand dollars of the amount thereby stipulated shall be paid 

11512 to the chiefs of said bands, through their agent, upon the ratifl- 

11513 cation of these articles, or so soon thereafter as practicable, to 

11514 enable them to purchase provisions and clothing, presents to be 

11515 distributed to their people upon their return to their homes ; of 

11516 which amount five thousand dollars shall be expended for the 

11517 benefit of their chief, May-dwa-gwa-no-nind; and that from the 

11518 remaining seventy-five thousand dollars the claims of injured 

11519 parties for depredations committed by said Indians on the goods 

11520 of certain British and American traders at the mouth of Eed 

11521 Lake Eiver, and for exactions forcibly levied by them on the 

11522 proprietors of the steamboat plying on the Eed Eiver, shall have 

11523 priority of payment, and be paid in full, and the remainder 

11524 thereof shall be paid pro rata upon the debts of said tribe incur- 

11525 red since the first day of January, in the year eighteen hundred 

11526 and fifty-nine, to be ascertained by their agent in connection 

11527 with the chiefs, in lieu of the commissioner or commissioners 

11528 provided for in the fourth article of said treaty concluded at the 

1 1529 Old Orossing of Eed Lake Eiver. 

11530 Article 7. It is further agreed by the parties hereto, that, 
11631 in lieu of the lands provided for the mixed-bloods by article 

11532 eight of said treaty, concluded at the Old Orossing of Eed Lake 

11533 Eiver, scrip shall be issued to such of said mixed-bloods as shall 

11534 so elect, which shall entitle the holder to a like amount of land, 

11535 and may be located upon any of the lands ceded by said treaty, 

11536 but not elsewhere, and shall be accepted by said mixed-bloods 

11537 in lieu of all future claims for annuities. 

11538 Proclaimed April 25, 1864. 

11539 CHIPPEWAS, MISSISSIPPI, AND PILLAGEE AND LAKE 

11540 WINNEBAGOSHISH BANDS. 

11541 Treaty between the United States of America and the Chippewas of 

11542 the Mississippi and Pillager and Lahe Winnebagoshish bands 

11543 of Chippewa Indians in Minnesota, concluded May 7, 1864 ; 

11544 ratification advised, with an amendment by the Senate, Febru- 

11545 ary 9, 1865 ; amendment assented to February 14, 1865. 

11546 Abraham Lincoln, President of the United States of America, 

11547 to all and singular to whom these presents shall come, 

11548 greeting : 

11549 Whereas a treaty was made and concluded at the city of 



260 

11550 Washington, in the District of. Columbia, on the seventh day of 

11551 May, in the year of our Lord one thousand eight hundred and 

11552 sixty-four, by and between William P. Dole, Commissioner of 

11553 Indian Affairs, and Clark W. Thompson, superintendent of Indian 

11554 affairs for the northern superintendency, on the part of the 

11555 United States, and the Chippewa chief Que-we-zance, or Hole- 
11536 in-the-day, and Mis-qua-dace, or Turtle, on the part of the Chip- 

11557 pewas of the Mississippi, and Pillager and Lake Winnebagosh- 

11558 ish bands of Chippewa Indians in Minnesota, and duly author- 

11559 ized thereto by them, which treaty is in the words and figures 

11560 following, to wit : 

11561 Articles of agreement and convention made and concluded at 

11562 the city of Washington this seventh day of May, A. D. 1864, 

11563 between William P. Dole, Commissioner of Indian Affairs, 

11564 and Clark W. Tho mpson, superintendent of Indian affairs 

11565 for the northern superintendency, on the part of the United 

11566 States, and the Chippewa chief Hole-in-the-day, and Mis- 

11567 qua-dace, for and on behalf of the Chippewas of the Mis- 

11568 sissippi, and Pillager and Lake Winnebagoshish bands of 

11569 Chippewa Indians in Minnesota. 

11570 Article 1. The reservations known as Cull Lake, Mille 

11571 Lac, Sandy Lake, Eabbit Lake, Pokagomin Lake, and Eice Lake, 

11572 as described in the second clause of the second article of the 

11573 treaty with the Chippewas of the twenty-second ©f February, 

11574 1855, are hereby ceded to the United State s, excepting one half 

11575 section of land, including the mission buildings at Gull Lake, 

11576 which is hereby granted in fee simple to the Keverend John 

11577 Johnson, missionary, and one section of land, to be located by 

11578 the Secretary of the Interior on the southeast side of Gull Lake, 

11579 and which is hereby granted in fee simple to the chief Hole- 

11580 in-the-day, and a section to chief Mis-qua-dace, at Sandy Lake, 

11581 in like manner, and one section to chief Shaw-vosh-kung, at 

11582 Mille Lac, in like manner. 

11583 Article 2. In consideration of the foregoing cession, the 
. 11584 United States agree to set apart, for the future home of the 

11585 Chippewas of the Mississippi, all the lands embraced within the 

11586 following-described boundaries, excepting the reservations made 

11587 and described in the third clause of the second article of the 
11688 said treaty of February 22d, 1855, for the Pillager and Lake 

11589 Winnebagoshish bands ; that is to say, beginning at a point one 

11590 mile south of the most southerly point of Leach Lake, and run. 

11591 ning thence in an easterly course to a point one mile south of 

11592 the most southerly point of Goose Lake ; thence due east to a 

11593 point due south from the intersection of the Pokagomin reser- 

11594 vation and the Mississippi Eiver ; thence on the dividing-line 

11595 between Deer Eiver and lakes and Mashkordens Eiver and lakes. 



261 

11596 until a point is reached north of the first-named river and lakes; 

11597 thence in a direct line northwesterly to the outlet of Two Eouts 

11598 Late ; then in a southwesterly direction to Turtle Lake; thence 

11599 southwesterly to the head- water of Rice Eiver ; thence north- 

11600 westerly along the line of the Eed Lake reservation to the mouth 

11601 of Thief Eiver; thence down the centre of the main channel of 

11602 Eed Lake Eiver to a point opposite the mouth of Black Eiver ; 

11603 thence southeasterly in a direct line with the outlet of Eice Lake 

11604 to a point due west from the place of beginning; thence to the 

11605 place of beginning. 

11606 Article 3. In consideration of the foregoing cession to the 

11607 United States, and the valuable improvements thereon, the 

11608 United States further agree, first, to extend the present aunu- 

11609 ities of the Indians, parties to this treaty, for ten years beyond the 

11610 periods respectively named in existing treaties ; second, and to 

11611 pay towards the settlement of the claims for depredations com- 

11612 mitted by said Indians in 1862, the sum of twenty thousand 

11613 dollars ; third, to the chiefs of the Ohippewas of the Mississippi, 

11614 ten thousand dollars, to be paid upon the ratification of this 

11615 treaty ; and five thousand dollars to the chief Hole-in-the-day 

11616 for depredations committed in burning his house and furniture 

11617 in 1862. 

11618 Article 4. The United States further agree to pay seven 

11619 thousand five hundred ($7,500) dollars for clearing, stumping, 

11620 grubbing, breaking, and planting on the reservation hereby set 

11621 apart for the Ohippewas of the Mississippi, in lots of not less 

11622 than ten acres each, at such point or points as the Secretary of 

11623 the Interior may select, as follows, viz : For the Gull Lake band, 

11624 seventy (70) acres ; for the Mille Lac band, seventy (70) acres ; 

11625 for the Sandy Lake band, fifty (50) acres ; for the Pokagomin 

11626 band, fifty (50) acres ; for the Eabbit Lake band, forty (40) 

11627 acres ; for the Eice Lake band, twenty (20) acres ; and to expend 

11628 five thousand dollars (15,000) in building for the chiefs of said 

11629 bands one house each, under the direction of the Secretary of 

11630 the Interior. 

11631 Article 5. The United States agree to famish to said In- 

11632 dians, parties to this treaty, ten (10) yoke of good steady work 

11633 oxen, and twenty log-chains annually for ten years, provided the 

11634 Indians shall take proper care of and make proper use of the 

11635 same; also for the same period, annually, two hundred (200) 

11636 grubbing-hoes, ten (10) ploughs, ten (10) grindstones, one hun- 

11637 dred (100) axes, handled, not to exceed in weight three and one- 

11638 half pounds each, twenty (20) spades, and other farming imple- 

11639 ments, provided it shall not amount to more than fifteen hundred 

11640 dollars in one year ; also two carpenters, and two blacksmiths, 

11641 and four farm-laborers, and one physician. 



262 

11642 Article 6. The United States further agree to pay annu- 

11643 ally one thousand dollars ($1,000) towards the support of a saw- 
11644: mill, to be built for the common use of the Chippewas of the 

11645 Mississippi and the Eed Lake and Pembina bands of Chippewa 

11646 Indians, so long as the President of the United States may 

11647 deem it necessary ; and to expend in building a road, bridges, 
•11648 &c., to their new agency, seven thousand five hundred dollars 

11649 ($7,500 ;) and to expend for new agency buildings, to be located 

11650 by the Secretary of the Interior, for the common use of the Chip- 

11651 pew as of the Mississippi, Bed Lake, and Pembina, and Pillager 

11652 and Lake Winnebagoshish bands of Chippewa Indians, twenty - 

11653 five thousand dollars ($25,000.) 

11654 Article 7. There shall be a board of visitors, to consist of 

11655 not less than two nor more than five persons, to be selected from 

11656 such Christian denomination or denominations as the chiefs in 

11657 council may designate, whose duty it shall be to be present at all 

11658 annuity payments to the Indians, whether of goods, moneys, 

11659 provisions, or other articles, and to inspect the fields, buildings, 

11660 mills, and other improvements made or to be made, and to report 

11661 annually thereon, on or before the first day of November ; and 

11662 also as to the qualifications and moral deportment of all persons 

11663 residing upon the reservation under the sanction of law or reg- 

11664 ulation, and they shall receive for their services five dollars per 

11665 day for the time actually employed, and ten cents per mile for 

11666 travelling expenses : Provided, That no one shall be paid in any 

11667 one year for more than twenty days' service, or for more than 

11668 three hundred miles' travel. 

11669 Article 8. No person shall be recognized as a chief whose 

11670 band numbers less than fifty persons ; and to encourage and aid 

11671 the said chiefs in preserving order, and inducing, by their ex- 

11672 ample and advice, the members of their respective bands to 

11673 adopt the pursuits of civilized life, there shall be paid to each 

11674 of said chiefs annually, out of the annuities^of said bands, a sura 

11675 not exceeding one hundred and fifty dollars, ($150,) to be deter- 

11676 mined by their agent according to their respective merits. 

11677 Article 9. To improve the morals and industrial habits of 

11678 said Indians, it is agreed that no agent, teacher, interpreter, 

11679 trader, or other employees shall be employed, appointed, licensed, 

11680 or permitted to reside within the reservations belonging to the 

11681 Indians, parties to this treaty, missionaries excepted, who shall 

11682 not have a family residing with them at their respective places 

11683 of employment or trade within the agency, whose moral habits 

11684 and fitness shall be reported upon annually by the board of 

11685 visitors ; and no person of full or mixed blood, educated or par- 

11686 tially educated, whose fitness, morally or otherwise, is not con- 

11687 ducive to the welfare of said Indians, shall receive any benefit 



263 

11688 from this or any former treaties, and may be expelled from the 

11689 reservation. 

11690 Article 10. All annuities under this or former treaties shall 

11691 be paid as the chiefs in council may request, with the approval 

11692 of the Secretary of the Interior, until otherwise altered or 

11693 amended, which shall be done whenever the board of visitors, 

11694 bytherequestsof the chiefs, may recommend it : Provided, That 

11695 no change shall take place oftener than once in two years. 

11696 Aeticle 11. Whenever the services of laborers are required 

11697 upon the reservation, preference shall be given to full or mixed 

11698 bloods, if they shall be found competent to perform them. 

11699 Article 12. It shall not be obligatory upon the Indians, 

11700 parties to this treaty, to remove from their present reservations 

11701 until the United States shall have first complied with the stipu- 

11702 lations of Articles IV and VI of this treaty, when the United 

11703 States shall furnish them with all necessary transportation and 

11704 subsistence to their new homes and subsistence for six months 

11705 thereafter: Provided, That, owing to the heretofore good con- 

11706 duct of the Mille Lac Indians, they shall not be compelled to 

11707 remove so long as they shall not in any way interfere with or in 

11708 any manner molest the persons or property of the whites : Pro- 

11709 vided. That those of the tribe residing on the Sandy Lake re- 

11710 servation shall not be removed until the President shall so 

11711 direct. 

11712 Article 13. Female members of the family of any govern- 

11713 ment employe[e] residing on the reservation, who shall teach 

11714 Indian girls domestic economy, shall be allowed and paid a sum 

11715 not exceeding ten dollars per month while so engaged : Provided, 

11716 That not more than one thousand dollars shall be so expended 

11717 during any one year, and that the President of the United 

11718 States may suspend or annul this article whenever he may deem 

11719 it expedient to do so. 

11720 Article 14. Ifc is distinctly understood and agreed that the 

11721 clearing and breaking of land for the Ohippewas of the Missis- 

11722 sippi, as i3rovided for in the fourth article of this treaty, shall 

11723 be in lieu of all former engagements of the United States as to 

11724 the breaking of lands for those bands, and that this treaty is in 

11725 lieu of the treaty made by the same tribes, approved March 11th, 

11726 1863. 

11727 Proclaimed March 20, 1865. 

11728 Franexin Pierce, President of the United States of America, 

11729 to all and singular to whom these ' presents shall come, 

11730 greeting: 

11731 Whereas a treaty was made and concluded at the city of 

11732 Washington, on the twenty-second day of February, one thou- 



264 

11733 sand eight hundred and fifty-five, between the United States 

11734 and the Mississippi bands of Chippewa Indians, which treaty is 

11735 in the words following, to wit : 

11736 Articles of agreement and convention made and concluded at 

11737 the city of Washington, this twenty-second day of February, 

11738 one thousand eight hundred and fifty-five, by George W. 

11739 Manypenny, commissioner, on the part of the United States, 

11740 and the following-named chiefs and delegates, representing 

11741 the Mississippi bands of Chippewa Indians, viz : Pug-o-na 

11742 ke-shick, or Hole-in-theday ; Que-we-sans-ish, or Bad Boy^ 

11743 Wand-e-kaw, or Little Hill; I-awe-showe-we-ke-shig, or 

11744 Crossing Sky,' Petud-dunce, or Eat's Liver; Mun-o-min-e- 

11745 kay-shein, or Rice-Maker; Mah-yah-ge-way-we-durg, or the 

11746 Chorister; Kay-gwa-daush, or the Attempter; Caw-caug-e- 

11747 we-gooD, or Crow Feather; and Show-baush-king, or He 

11748 that passes under Everything, and the following-named 

11749 chiefs and delegates representing the Pillager and Lake 

11750 "Winnibigoshish bands of Chippewa Indians, viz: Aish-ke- 

11751 bug-e-koshe, or Flat Mouth; Be-sheck-kee, or Buffalo; Nay- 

11752 bun-a-caush, or Young Man's Son ; Maug-e-gaw-bow, or Step- 

11753 ping Ahead; Mi-gi-si, or Eagle, and Kaw-be-mub-bee, or 

11754 North Star, they being thereto duly authorized by the said 

11755 bands of Indians respectively. 

11756 Aetiolb 1. The Mississippi, Pillager, and Lake Winnibi- 

11757 goshish bands of Chippewa Indians hereby cede, sell, and con- 

11758 vey to the United States all their right, title, and interest in 

11759 and to the lands now owned and claimed by them, in the Terri- 

11760 tory of Minnesota, and included within the following bounda- 

11761 ries, viz : Beginning at a point where the east branch of Snake 

11762 Elver crosses the southern boundary-line of the Chippewa 

11763 country, east of the Mississippi Eiver, as established by the 

11764 treaty of July twenty-ninth, one thousand eight hundred and 

11765 thirty-seven; running thence, up the said branch, to its source; 

11766 thence, nearly north in a straight line, to the mouth of East 

11767 Savannah Eiver; thence, up the St. Louis Eiver, to the mouth 

11768 of East Swan Eiver; thence, up said river, to its source; thence, 

11769 in a straight line, to the most westwardly bend of Vermillion 

11770 Eiver; thence, northwestwardly, in a straight line, to the first 

11771 and most considerable bend in the Big Fork Eiver; thence, down 

11772 said river, to its mouth ; thence, down Eainy Lake Eiver, to the 

11773 mouth of Black Eiver; thence, uj) that river to its source; 

11774 thence, in a straight line, to the northern extremity of Turtle 

11775 Lake; thence, in a straight line, to the mouth of Wild Eice 

11776 Eiver; thence, up Eed Eiver of the North, to the mouth of 

11777 Buffalo Eiver; thence, in a straight line, to the southwestern 

11778 extremity of Otter-Tail Lake; thence, through said lake, to the 



265 

11779 source of Leaf Eiver; thence, down said river, to its junction 

11780 with Grow Wing Eiver; thence, down Crow Wing Eiver, to its 

11781 junction with the Mississippi Eiver; thence to the conimence- 

11782 ment on said river of the southern boundary-line of the Ohip- 

11783 pewa country, as established by the treaty of July twenty-ninth, 

11784 one thousand eight hundred and thirty-seven; and thence, along 

11785 said line, to the place of beginning. And the said Indians do 

11786 further fully and entirely relinquish and convey to the United 

11787 States any and all right, title, and interest, of whatsoever nature 

11788 the same may be, which they may now have in and to any other 

11789 lands in the Territory of Minnesota or elsewhere. 

11790 Article 2. There shall be, and hereby is, reserved and set 

11791 apart, a sufficient quantity of land for the permanent homes of 

11792 the said Indians ; the lands so reserved and set apart to be in 

11793 separate tracts, as follows, viz : 

11794 For 4he Mississippi bands of Chippewa Indians : The first 

11795 to embrace the following fractional townships, viz : forty-two 

11796 north, of range twenty-five west; forty-two north, of range twen- 

11797 ty-six west ; and forty-two and forty-three north, of range twen- 

11798 ty-seven west ; and, also, the three islands in the southern part 

11799 of Mille Lac. Second, beginning at a point half a mile east of 

11800 EabbitLake; thence south three miles ; tjience westwardly, in 

11801 a straight line, to a point three miles south of the mouth of Eab- 

11802 bit Eiver ; thence north to the mouth of said river ; thence up 

11803 the Mississippi Eiver to a point directly north of the place of 

11804 beginning ; thence south to the place of beginning. Third, be- 

11805 ginning at a point half a mile southwest from the most south- 

11806 westwardly point of Gull Lake ; thence due south to Crow Wing 

11807 Eiver ; thence down said river, to the Mississippi Eiver ; thence 

11808 up said river to Long Lake Portage ; thence, in a straight line, 

11809 to the head of Gull Lake; thence in a southwestwardly direc- 

11810 tion, as nearly in a direct line as practicable, but at no point 

11811 thereof at a less distance than half a mile from said lake, to the 

11812 place of beginning. Fourth, the boundaries to be, as nearly as 

11813 practicable, at right angles, and so as to embrace within them 

11814 Pokagomon Lake ; but nowhere to approach nearer said lake 

11815 than half a mile therefrom. Fifth, beginning at the mouth ( f 

11816 Sandy Lake Eiver; thence south, to a point on an east and 

11817 west line, two miles south of the most southern point of Sandy 

11818 Lake ; thence east, to a point due south from the mouth of West 

11819 Savannah Eiver ; thence north, to the mouth of said river ; 

11820 thence north to a point on an east and west line, one mile north 

11821 of the most northern point of Sandy Lake ; thence west, to Lit- 

11822 tie Eice Eiver ; thence down said river to Sandy Lake Eiver ; 

11823 and thence down said river to the place of beginning.' Sixth, 

11824 to include all the islands in Eice Lake, and also half a section 

34 IT 



266 

11825 of land oa said lake, to include the present gardens of the In- 

11826 dians. Seventh, one section of land for Pug-o-na-ke-shick, or 

11827 Hole-inthe-day, to include his house and farm ; and for which 

11828 he shall receive a patent in fee-simple. 

11829 For the Pillager and Lake Winnibigoshish bands, to be in 

11830 three tracts, to be located and bounded as fol lows, viz : First, 

11831 beginning at the mouth of Little BoyEiver; thence up said 

11832 river to Lake Hassler; thence through the center of said lake 

11833 to its western extremity; thence in a direct line to the most 

11834 southern point of Leech Lake; and -thence through said lake, so 

11835 as to include all the islands therein, to the place of beginning. 

11836 Second, beginning at the point where the Mississippi Eiver 

11837 leaves Lake Winnibigoshish; thence north, to the head of the 

11838 first river ; thence west, by the head of the next river, to the 

11839 head of the third river, emptying into said lake; thence down 

1 1840 the latter to said lake ; and thence in a direct line to the place of 

11841 beginning. Third, beginning at the mouth of Turtle Eiver; 

11842 thence up said river to the first lake ; thence east, four miles ; 

11843 thence southwardly, in a line parallel with Turtle Eiver, to 

11844 Cass Lake; and thence, so as to include all the islands in said 

11845 lake, to the place of begininng; all of which said tracts shall 

11846 be distinctly designated on the plats of the public surveys. 
11817 And at such time or times as the President may deem it 

11848 advisable for the interests and welfare of said Indians, or 

11849 any of them, he shall cause the said reservation, or such por- 

11850 tion or portions thereof as may be necessary, to be surveyed ; 

11851 and assign to each head of a family, or single person over 

11852 twenty-one years of age, a reasonable quantity of land, in one 

11853 body, not to exceed eighty acres, in any case, for his or their 

11854 separate use ; and he may, at his discretion, as the occupants 

11855 thereof become capable of managing their business and affairs, 

11856 issue patents to them for the tracts so assigned to them, respect- 

11857 ively ; said tracts to be exempt from taxation, levy, sale, or for- 

11858 feiture ; and not to be aliened or leased for a longer period than 

11859 two years, at one time, until otherwise provided by the legisla- 

11860 ture of the State in which they may be situate, with the assent 

11861 of Congress. They shall not be sold, or alienated, in fee, 

11862 for a period of five years after the date of the patents ; and not 

11863 then without the assent of the President of the United States 

11864 being first obtained. Prior to the issue of the patents, the 

11865 President shall make such rules and regulations as he may 

11866 deem necessary and expedient respecting the disposition of any 

11867 of said tracts in case of the death of the person or persons to 

11868 whom they may be assigned, so that the same shall be secured 

11869 to the families of such deceased persons ; and should any of 

11870 the Indians to whom tracts may be assigned thereafter abandon 



267 

11871 them, the President may make such rules and regulations, in 

11872 relation to such abandoned tracts, as in his judgment may be 

11873 necessary and proper. 

11874 Article 3. In consideration of, and in full compensation 

11875 for, the cessions made by the said Mississippi, Pillager, and Lake 

11876 Winnibigoshish bands of Chippewa Indians, in the first article 

11877 of this agreement, the United States hereby agree and stipulate 

11878 to pay, expend, and make provision for, the said bands of Indi- 

11879 ans, as follows, viz : For the Mississippi bands : 

11880 Ten thousand dollars ($10,000) in goods, and other useful 

11881 articles, as soon as practicable after the ratification of this in- 

11882 strument, and after an appropriation shall be made by Congress 

11883 therefor, to bs turned over to the deleg;ites and chiefs for dis- 

11884 tribution among their, people. 

11885 Fifty thousand dollars ($50,000) to enable them to adjust 

11886 and settle their present engagements, so far as the same, on an 

11887 examination thereof, may be found and decided to be valid and 

11888 just by the chiefs, subject to the approval of the Secretary 

11889 of the Interior; and any balance remaining of said sum-not re- 

11890 quired for the above-mentioned purpose shall be paid over to 

11891 said Indians in the same manner as tlieir annuity money, and in 

11892 such instalments as the said Secretary may determine : Provided, 

11893 That an amount not exceeding ten thousand dollars ($10,000) of 

11894 the above sum shall be paid to such full and mixed bloods as 

11895 the chiefs may direct, for services rendered heretofore to their 

11896 bands. 

11897 Twenty thousand dollars ($20,000) per annum, in money, for 

11898 twenty years, provided that two thousand dollars ($2,000) per 

11899 annum of that snm shall be paid or expended, as the chiefs 

11900 may request, for purposes of utility connected with the improve- 

11901 ment and welfare of said Indians, subject to the approval of the 

11902 Secretary of the Interior. 

11903 Five thousand dollars ($5,000) for the construction of a 

11904 road from the mouth of Eum Elver to Mille Lac, to be expended 

11905 under the direction of the Commissioner of Indian Affairs. 

11906 A reasonable quantity of land, to be determined by the 
11907^ Commissioner of Indian Affairs, to be ploughed and prepared for 

11908 cultivation in suitable fields, at each of the reservations of the 

11909 said bands, not exceeding in the aggregate three hundred acres 

11910 for all the reservations, the Indians to make the rails and inclose 

11911 the fields themselves. 

11912 For the Pillager and Lake Winnibigoshish bands : 

11913 Ten thousand dollars ($10,000) in goods, and other useful 

11914 articles, as soon as practicable, after the ratification of this 

11915 agreement, and an appropriation shall be made by Congress 



268 

11916 therefor ; to be turned over to the chiefs and delegates for distri- 

11917 bution among their people. 

11918 Forty thousand dollars($40,000) to enable them to adjust and 

11919 settle their present engagements, so far as the same, on an ex- 

11920 amiuation thereof, may be found and decided to be valid and 

11921 just by the chiefs, subject to the approval of the Secretary of 

11922 the Interior; and any balance remaining of said sum, not re- 

11923 quired for that purpose, shall be paid over to said Indians, in 

11924 the same manner as their annuity money, and in such instal- 

11925 ments as the said Secretary may determine ; provided that an 

11926 amount, not exceeding ten thousand dollars ($10,000) of the 

11927 above sum, shall be paid to such mixed-bloods as the chiefs may 

11928 direct, for services heretofore rendered to their bands. 

11929 Ten thousand six hundred and sixty-six dollars and sixty- 

11930 six cents ($10,666.66) per annum, in money, for thirty years. 

11931 Eight thousand dollars ($8,000) per annum, for thirty years, 

11932 in such goods as may be requested by the chiefs, and as may be 

11933 suitable for the Indians, according to their condition and cir- 

11934 cumstances. 

11935 Four thousand dollars ($4,000) per annum, for thirty years, 

11936 to be paid or expended, as the chiefs may request, for purposes 

11937 of utility connected with the improvement and welfare of said 

11938 Indians ; subject to the approval of the Secretary of the In- 

11939 terior : Provided, That an amount not exceeding two thousand 

11940 dollars thereof shall, for a limited number of years, be expended 

11941 under the direction of the Commissioner of Indian Affairs, for 

11942 provisions, seeds, and such other articles' or things as may be 

11943 useful in agricultural pursuits. 

11914 Such sum as can be usefully and beneficially applied by the 

11945 United States, annually, for twenty years, and not to exceed 

11946 three thousand dollars in any one year, for purposes of educa- 

11947 tion ; to be expended under the direction of the Secretary of the 

11948 Interior.'* 

11949 Three hundred dollars' ($300) worth of powder, per annura, 

11950 for five years. 

11951 One hundred dollars' ($100) worth shot and lead, per an- 

11952 num, for five years. 

11953 One hundred dollars' ($100) worth of gilling twine, per an- 

11954 num, for five years. 

11955 One hundred dollars' ($100) worth of tobacco, per annum, 

11956 for five years. 

11957 Hire of three laborers at Leech Lake, of two at Lake Win- 

11958 nibigoshish, and of one at Cass Lake, for five years. 

11959 Expense of two blacksmiths, with the necessary shop, irOn, 

11960 steel, and tools, for fifteen years. 



269 

11961 Two hundred dollars ($200) in grubbiug-hoes and tools, the 

11962 present year, 

11963 Fifteen thousand dollars ($15,000) for opening a road from 

11964 Crow Wing to Leech Lake; to be expended under the direction 

11965 of the Commissioner of Indian Affairs. 

11966 To have ploughed and prepared for cultivation two huu- 

11967 dred acres of land, iu ten or more lots, within the reservation at 

11968 Leech Lake ; fifty acres, in four or more lots, within the reserva- 

11969 tion at Lake Winnibigoshish J and t wen ty-flve acres, in two or 

11970 more lots, within the reservation at Cass Lake : Provided^ That 

11971 the Indians shall make the rails and inclose the lots them- 

11972 selves. 

11973 A sawmill, with a portable grist-mill attached thereto, to 

11974 be established whenever the same shall be deemed necessary and 

11975 advisable by the Commissioner of Indian Affairs, at such point 

11976 as he shall think best; and which, together with the expense of 

11977 a proper person to take charge of and operate them, shall be 

11978 continued during ten years : Provided, That the cost of all the 

11979 requisite repairs of the said mills shall be paid by the Indians, 

11980 out of their own funds. 

11981 Article 4. The Mississippi bands have expressed a desire 

11982 to be permitted to employ their own farmers, mechanics, and 

11983 teachers ; and it is tlierefore agreed that the amounts to which 

11984 they are now entitled, under former treaties, for purposes of 

11985 education, for blacksmiths and assistants, shops, tools, iron, and 

11986 steel, and for the employment of farmers and carpenters, shall 

11987 be paid over to them as their annuities are paid : Provided, 

11988 hoicever. That whenever, in the opinion of the Commissioner 

11989 of Indian Affairs, they fail to make proper provision for the 

11990 above-named purposes, he may retain said amounts, and appro- 

11991 priate them according to his discretion, for their education and 

11992 improvement. 

11993 Article 6. The foregoing annuities, in money and goods, 

11994 shall be paid and distributed as follows : Those due the Missis- 

11995 sippi bands, at one of their reservations ; and those due the Pilla ■ 

11996 ger and Lake Winnibigoshish bands, at Leech Lake; and no 

11997 part of the said annuities shall ever be taken or applied in any 

11998 manner to or for the payment of the debts or obligations of In- 

11999 dians contracted in their private dealings, as individuals, whether 

12000 to traders or other persons. And should any of said Indians 

12001 become intemperate or abandoned and waste their property, the 

12002 President may withhold any moneys or goods, due and payable 

12003 to such, and cause the same to be expended, applied, or distri- 

12004 bated, so as to insure the benefit thereof to their families. If, 

12005 at any time, before the said annuities in money and goods of 

12006 either of the Indian parties to this convention shall expire, the 



270 

12007 interests and welfare of said Indians shall, in the opinion of the 

12008 President, require a different arrangement, he shall have the 

12009 power to cause the said annuities, instead of being paid over and 

12010 distributed to the Indians, to be expended or applied to such 

12011 purposes or object as may be best calculated to promote their 

12012 improvement and civilization. 

12013 Article 6. The missionaries and such other persons as are 

12014 now, by authority of law, residing in the country ceded by the 

12015 first article of this agreement, shall each have the privilege of 
12016. entering one hundred and sixty acres of the said ceded lands, 

12017 at one dollar and twenty-five cents per acre ; said entries not to 

12018 be made so as to interfere, in any manner, with the laying off 

12019 of the several reservations herein provided for, 

12020 And such of the mixed bloods as are heads of families, and 

12021 now have actual residences and improvements in the ceded coun- 

12022 try, shall have granted to them, in fee, eighty acres of land, to 

12023 include their respective improvements. 

12024 Article 7. The laws which have been or may be enacted 

12025 by Congress, regulating trade and intercourse with the Indian 

12026 tribes, to continue and be in force within the several reserva- 

12027 tions provided for herein ; and those portions of said laws which 

12028 prohibit the introduction, manufacture, use of, and traffic in, 

12029 ardent spirits, wines, or other liquors, in the Indian country, 

12030 shall continue and be in force, within the entire boundaries of 

12031 the country herein ceded to the United States, until otherwise 

12032 provided by Congress. 

12033 ARTICLE 8. All roads and highways, authorized by law, 

12034 the lines of which shall be laid through any of the reservations 

12035 provided for in this convention, shall have the right of way 

12036 through the same ; the fair and just value of such right being 

12037 paid to the Indians therefor, to be assessed and determined ac- 

12038 cording to the laws in force for the appropriation of lands for 

12039 such purposes. 

12040 Article 9. The said bands of Indians, jointly and sever- 

12041 ally, obligate and bind themselves not to commit any depreda- 

12042 tions or wrong upon other Indians, or upon citizens of the United 

12043 States ; to conduct themselves at all times in a peaceable and 

12044 orderly manner; to submit all difficulties between them and 

12045 other Indians to the President, and to abide by his decision in 

12046 regard to the same, and to respect and observe the laws of the 

12047 United States, so far as the same are to them applicable. And 

12048 they also stipulate that they will settle down in the peaceful 

12049 pursuits of life, commence the cultivation of the soil, and appro- 

12050 priate their means to the erection of houses, opening farms, the 

12051 education of their children, and such other objects of Improve- 

12052 ment and convenience as are incident to well-regulated society ; 



271 

12053 and that they will abstain from the use of intoxicating drinks 

12054 and other vices to which they have been addicted. 

12055 Article 10. This instrument shall be obligatory on the 

12056 contracting parties as soon as the same shall be ratified by the 

12057 President and the Senate of the United States. 

12058 Proclaimed 7th April, 1855. 



12059 CHIPPEWAS OP THE MISSISSIPPI. 

12060 Treaty between the United States of America and the Chippewa 

12061 Indians of the Mississippi, concluded March 19, 1867; ratifi- 

12062 cation advised, with amendment, April 8, 1867 ; amendment 

12063 accepted April 8, 1867. 

12064 Andrew Johnson, President of the United States of America, 

12065 to all and singular to whom these presents shall come, 

12066 greeting : 

12067 Whereas a treaty was made and concluded at the city of 

12068 Washington, in the District of Columbia, on the nineteenth day 

12069 of March, in the year of our Lord one thousand eight hundred 

12070 and sixty-seven, by and between Lewis V. Bogy, William H. 

12071 Watson, and Joel B. Bassett, commissioners on the part of the 

12072 United States, and Que-wezance, or Hole-in- the-Day, Qui-we- 

12073 shen-shish, and other chiefs and head-men of the Chippewa In- 

12074 dians of the Mississippi, on the part of said Indians, and duly 

12075 authorized thereto by them, which treaty is in the words and 

12076 figures following, to wit : 

12077 Articles of agreement made and concluded at Washington, D. 

12078 C, this 19th day of March, A. D. 1867, between the United 

12079 States, represented by Lewis V. Bogy, special commissioner 

12080 thereto appointed, William H. Watson, and Joel B. Bassett, 

12081 United States agent, and the Chippewas of the Mississippi, 

12082 represented by Que-we zance, or Hole-in-the-Day, Qui-we- 

12083 shen-shish, Wau-bon-a-quot, Min-e-do-wob, Mijaw-ke-be- 

12084 shik, Shob-osk-kunk, Ka-gway-dosh, Me-no-ke-shick, Way- 
12885 namee, and O-gub-ay-gwan-ay-aush. 

12086 Whereas by a certain treaty ratified Mar'ch 20, 1865, between 

12087 the parties aforesaid, a certain tract of land was, by the second 

12088 article thereof, reserved and set apart for a home for the said 

12089 bands of Indians, and by other articles thereof provisions were 

12090 made for certain moneys to be expended for agricultural im- 

12091 provements for the benefit of said bands ; and whereas it has 

12092 been found that the said reservation is not adapted for agricul- 

12093 tural purposes for the use of such of the Indians as desire to devote 



272 

12094 themselves to such pursuits, while a portion of the bands de- 

12095 sire to remain and occupy a part of the aforementioned reserva- 

12096 tion, and to sell the remainder thereof to the United States : 

12097 Now, therefore, it is agreed — 

1209S Article 1, The Ohippewas of the Mississippi hereby cede 

12099 , to the United States all their lands in the State of Minnesota, se- 

12100 cured to them by the second article of their treaty of March 20, 

12101 1865, excepting and reserving therefrom the tract bounded and 

12102 described as follows, to wit : Commencing at a point on the Mis- 

12103 sissippi Eiver, opposite the mouth of Wanoman Eiver, as laid 

12104 down on Sewall's map of Minnesota ; thence due north to a point 

12105 two miles further north than the most northerly point of Lake 

12106 Winnebagoshish ; thence due west to a point two miles west of 

12107 the most westerly point of Cass Lake ; thence south to Kabekona 

12108 Biver ; thence down said river to Leech Lake ; thence along the 

12109 north shore of Leech Lake to its outlet in Leech Lake Eiver; 

12110 thencedown the main channel of said river to its junction with the 

12111 Mississippi Eiver, and thence down the Mississippi to the place 

12112 of beginning. 

12113 And there is further reserved for the said Chippewas out of 

12114 the land now owned by them such portion of their western outlet 

12115 as may upon location and survey be found within the reservation 

12116 provided for in the next succeeding section. 

12117 Akticle 2. In order to provide a suitable farming region 

12118 for the said bands, there is hereby set apart for their use a tract 

12119 of land, to be located in a square form as nearly as possible, with 

12120 lines corresponding to the Government surveys ; which reserva- 

12121 tion shall include White Earth Lake and Eice Lake, and contain 

12122 thirty-six townships of land ; and such portions of the tract 

12123 herein provided for as shall be found upon actual survey to lie 

12124 outside of the reservation set apart for the Ohippewas of the 

12125 Mississippi by the second article of the treaty of March 20, 1865, 

12126 shall be received by them in part consideration for the cession 

12127 of lands made by this agreement. 

12128 Akticle 3. In further consideration for the lands herein 

12129 ceded, estimated to contain about two million of acres, the 

12130 United States agree to pay the following sums, to wit : Five 

12131 thousand dollars for the erection of school buildings upon the 

12132 reservation provided for in the second article ; four thousand 

12133 dollars each year for ten years, and as long as the President 

12134 may deem necessary after the ratification of this treaty, for the 

12135 support of a school or schools upon said reservation ; ten thou- 

12136 sand dollars for the erection of a saw-mill, with grist-mill at- 

12137 tached, on said reservation ; five thousand dollars to be expended 

12138 in assisting in the erection of houses for such of the Indians as 

12139 shall remove to said reservation. 



273 

12140 Five thousand dollars to be expended, with the advice of 

12141 the chiefs, iu the purchase of cattle, horses, and farming uten- 

12142 sils, and ia making such improvemen ts as are necessary for open- 

12143 ing farms upon said reservation. 

12144 Six thousand dollars each year for ten years, and as long 

12145 thereafter as the President may deem proper, to be expended in 

12146 promoting the progress of the people iu agriculture, and assist- 

12147 ing them to become self-sustaining by giving aid to those who 

12148 will labor. 

12149 Twelve hundred dollars each year for ten years for the sup- 

12150 port of a physician, and three hnndred each year for ten years 

12151 for necessary medicines. 

12152 "Ten thousand dollars to pay for provisions, clothing, or such 

12153 other articles as the President may determine, to be paid to 

12154 them immediately on their removal to their new reservation. 

12155 Article 4. No part of the annuities provided for in this or 

12156 any former treaty with the Ohippewas of the Mississippi bands 

12157 shall be paid to any half-breed, or mixed-blood, except those 

12158 who actually live with their people, iipon one of the reserva- 

12159 tions belonging to the Chippewa Indians. 

12160 Article 5. It is further agreed that the annuity of $1,000 

12161 a year which shall hereafter become due under the provisions of 

12162 the third article of the treaty with the Ohippewas of the Mis- 

12163 sissippi bands, of August 2, 1847,. shall be paid to the chief, 
121i34 Hole-in- the-Day, and to his heirs ; and there shall be set apart, 

12165 by selections to be made in their behalf and reported to the In- 

12166 terior Department by the agent, one half section of land each, 

12167 upon the Gulf liake reservation, for Min-a-ge shig and Truman 

12168 A. Warren, who shall be entitled to patents for the same upon 
121G9 such selections being reported to the Department, 

12170 Article 6. Upon the ratification of this treaty, the Secre- 

12171 tary of the Interior shall designate one or more persons who 

12172 shall, in connection with the agent for the Ohippewas in Minne- 

12173 sota, and such of their chiefs, parties to this agreement, as he 

12174 may deem sufficient, proceed to locate, as near as may be, the 

12175 reservation set apart by the second article hereof, and designate 

12176 the places where improvements shall be made ; and such portion 

12177 of the improvements provided for in the fourth article of the 

12178 Ohippewa treaty of May 7, 1864, as the agent may deem neces- 

12179 sary and proper, with the approval of the Commissioner of In- 

12180 diaa Affairs, may be made upon the new reservation, and the 

12181 United States will pay the expenses of negotiating this treaty, 

12182 not to exceed ten thousand dollars. 

12183 Article 7. As soon as the location of the reservation set 

12184 apart by the second article hereof shall have been approxi- 

12185 mately ascertained, and reported to the office of Indian Affairs, 

35 IT 



274 

12186 the Secretary of the luterior shall cause the same to be sur-. 

12187 veyed in conformity to the system of Government surveys^ and. 

12188 whenever, after such survey, any Indian, of the bands parties 

12189 hereto, either male or female, shall have ten acres of laud under 

12190 cultivation, such Indian shall be entitled to receive a certificate, 

12191 showing him to be entitled to the forty acres of land, according 

12192 to legal subdivision, containing the said ten acres or the greater 

12193 part thereof, and whenever such Indian shall have an additional 

12194 ten acres under cultivation, he or she shall be entitled to a cer- 

12195 tiflcSte for additional forty acres, and so on, until the full 

12196 amount of one hundred and sixty acres may have been certified 

12197 to any one Indian ; and the land so held by any Indian shall be 

12198 exempt from taxation and sale for debt, and shall not be alien- 

12199 ated except with the approval of the Secretary of the Interior, 

12200 and in no case to any person not a member of the Chippewa 

12201 tribe. 

12202 Article 8. For the purpose of protecting and encourag- 

12203 ing the Indians, parties to this treaty, in their efiEbrts to become 

12204 self-sustaining by means of agriculture, and the adoption of the 

12205 habits of civilized life, it is hereby agreed that, in case of the 

12206 commission by any of the said Indians of crimes against life or 

12207 property, the person charged with such crimes maybe arrested, 

12208 upon the demand of the agent, by the sheriff of the county of 

12209 Minnesota in which said reservation may be located, and when 

12210 so arrested maybe tried, and if convicted, punished in the same 

12211 manner as if he were not a member of an Indian tribe. 

12212 ProclaimedAprillS, 1867. 



12213 CHOOTAWS AND CfllCKASAWS. 

12214 Franklin Pieikse, President of the United States of America, 

12215 to all and singular to whom these presents shall come, 

12216 greeting: 

12217 Whereas a treaty was made and concluded at the city of 

12218 Washington on the twenty-second day of June, one thousand 

12219 eight hundred and fifty-five, by George W. Manypenny, com- 

12220 missioner on the part of the United States, Peter P. Pitchlynn, 

12221 Israel Folsom, Samuel Garland, and Dixon W. Lewis, commis- 

12222 sioners on the part of the Ghoctaws, and Edmund Pickens and 

12223 Sampson Folsom, commissioners on the part of the Chickasaws, 

12224 which treaty is in the words following, to wit : 

12225 Articles of agreement and convention between the United 

12226 States and the Choctaw and Chickasaw tribes of Indians, 

12227 made and concluded at the city of Washington the twenty. 

12228 second day of June, A. D. one thousand eight hundred and 



275 

12229 flfty-flve, by George W. Manypenny, commissioner on the 

12230 part of the United States, Peter P. Pitchlynn, Israel Fol- 

12231 som, Samuel Garland, and Dixon W. Lewis, commissioners 

12232 on the part of the Choctaws, and Edmund Pickens and 

12233 Sampson Folsom, commissioners on the part of the Ohicka- 

12234 saws : 

12235 Whereas the political connexion heretofore existing be- 

12236 tween the Choctaw and the Chickasaw tribes of Indians has 

12237 given rise to unhappy and injurious dissensions and controver- 
1^238 sies among them, which render necessary a re-adjustment of 
12239 their relations to each other and to the United States; and 

. 12240 "Whereas the United States desire that the Choctaw Indians 

12241 shall relinquish all claim to any territory west of the one hun- 

12242 dredth degree of west longitude, and also to make provision for 

12243 the permanent settlement within the Choctaw country of the 

12244 Wichita and certain other tribes or bands of Indians, for which 

12245 purpose the Choctaws and Chickasaws are willing to lease, on 

12246 reasonable terms, to the United States, that portion of their 

12247 common territory which is west of the ninety-eighth degree of 

12248 west longitude ; and 

12249 Whereas the Choctaws contend that, by a just and fair 

12250 construction of the treaty of September 27, 1830, they are, 

12251 of right, entitled to the net proceeds of the lands ceded by 

12252 them to the United States, under said treaty, and have pro- 

12253 posed that the question of their right to the same, together 

12254 with the whole subject-matter of their unsettled claims, whether 

12255 national or individual, against the United States, arising under 

12256 the various provisions of said treaty, shall be referred to the 

12257 Senate of the United States for final adjudication and adjust- 

12258 ment; and whereas it is necessary for the simplification and 

12259 better understanding of the relations between the United States 

12260 and the Choctaw Indians, that all their subsisting treaty stipu- 

12261 lations be embodied in one comprehensive instrument : 

12262 Now, therefore, the United States of America, by their 

12263 commissioner, George W. Manypenny, the Choctaws, by their 

12264 commissioners, Peter P. Pitchlynn, Israel Folsom, Samuel Gar- 

12265 land, and Dickson W. Lewis, and the Chickasaws, by their com 

12266 missioners, Edmund Pickens and Sampson Folsom, do hereby 

12267 agree and stipulate as follows, viz : 

12268 Aktiole 1. The following shall constitute and remain the 

12269 boundaries of the Choctaw and Chickasaw country, viz : Begin- 

12270 ningat a point on the Arkansas Eiver, one hundred paces east 

12271 of old Fort Smith, where the western boundary-line of the State 

12272 of Arkansas crosses the said river, and running thence due 

12273 south to Eed Eiver ; thence up Eed Eiver to the point where the 
,\ 12274 meridian of one hundred degrees west longitude crosses the 



276 

12275 same; thence uorth along -said meridian to the main Canadian 

12276 Eiver ; thence down said river to its junction with the Arkansas 

12277 Elver ; thence down said river to the place of beginning. 

12278 And pursuant to an act of Congress approved May 28, 1830, 

12279 the United States do hereby forever secure>nd guarantee the 

12280 lands embraced within the said limits to the members of the 

12281 Choctaw and Chickasaw tribes, their heirs and successors, to be 

12282 held in common ; so that each and every member of either tribe 

12283 shall have an equal, undivided interest In the whole : Provided, 

12284 hoivever, No part thereof shall ever be sold without the consent 

12285 of both tribes, and that said land shall revert to the United 

12286 States If said Indians and their heirs become extinct or aban-^ 

12287 don the same. 

12288 Article 2. A district for the Chickasaws is hereby estab- 

12289 lished, bounded as follows, to wit : Beginning on the north bank 

12290 of Eed Eiver, at the mouth of Island Bayou, where It empties 

12291 into Bed Elver, about twenty-six miles In a straight line below 

12292 the mouth of False Wachltta ; thence running a northwesterly 

12293 course, along the main channel of said bayou, to the junction of 

12294 the three prongs of said bayou, nearest the dividing ridge be- 

12295 tween Wachitta and Low Blue Elvers, as laid down on Capt. 

12296 E. L. Hunter's map ; thence northerly along the eastern prong 

12297 of Island Bayou to Its source ; thence due north to the Canadian 

12298 Eiver ; thence west along the main Canadian to the ninety-eighth 

12299 degree of west longitude; thence south to Eed Eiver; and 

12300 thence down Eed Eiver to the beginning : Provided, however, 

12301 If the line running due north from the eastern source of Island 

12302 Bayou to the main Canadian shall not Include Allen's or Wa- 

12303 pa-nacka Academy within the Chickasaw District, then an oft'- 

12304 set shall be made from said line, so as to leave said academy 

12305 two miles within the Chickasaw district, north, west, and south 

12306 from the lines of boundary. 

12307 Article 3. Theremainderofthecoantryheldin common by 

12308 the Choctaws and Chickasaws shall constitute the Choctaw dis- 

12309 trict, and their officers and people shall at all times have the 

12310 right of safe conduct and free passage through the Chickasaw 

12311 district. 

12312 Article 4. The government and laws now in operation and 

12313 not incompatible with this instrument shall be and remain In 

12314 full force and effect within the limits of the Chickasaw district, 

12315 - until the Chickasaws shall adopt a constitution, and enact laws, 

12316 superseding, abrogating, or changing the same. Andalljudi- 

12317 cial proceedings within said district, commenced prior to the 

12318 adoption of a constitution and laws by thte Chickasaws, shall be 

12319 conducted and determined according to existing laws. 

12320 Article 5. The members of either the Choctaw or the 



27? 

12321 Chickasaw tribe sliall have the right, freely, to settle within the 

123^2 jurisdiction of the other, and shall thereupon be entitled to all 

12323 the rights, privileges, and immunities of citizens thereof ; but 

12324 no member or either tribe shall be entitled to participate in 

12325 the funds belonging to the other tribe. Citizens of both tribes 

12326 shall have the right to institute and prosecute suits in the courts 

12327 of either, under such regulations as may, from time to time, be 

12328 prescribed by their respective legislatures. 

12329 Article 6. Any person duly charged with a criminal offence 

12330 against the laws of either the Choctaw or the Chickasaw tribe, 

12331 and escaping into the jurisdiction of the other, shall be promptly 

12332 surrendered, upon the demand of the proper authorities of the 

12333 tribe within whose jurisdiction the offence shall be alleged to 

12334 have been committed. 

12335 Aeticlb 7. So far as may be compatible with the Constitu- 

12336 tion of the United States and the laws made in pursuance there- 

12337 of, regulating trade and intercourse with the Indian tribes, the 

12338 Choctaws and Chickasaws shall be secured in the unrestricted 

12339 right of self-government, and full jurisdiction over persons and 

12340 property within their respective limits; excepting, however, all 

12341 persons, with their property, who are not by birth, adoption, or 

12342 otherwise citizens or members of either the Choctaw or Chicka- 

12343 saw tribe ; and all persons, not being citizens or members of 

12344 either tribe, found within their limits, shall be considered in- 

12345 traders, and be removed from and kept out of the same by the 

12346 United States agent, assisted if necessary by the military, with 

12347 the following exceptions, viz: Such individuals as are now, or 

12348 may be in the employment of the Covernment, and their fami- 

12349 lies ; those peacefully travelling, or temporarily sojourning in 

12350 the country or trading therein, under license from the proper 

12351 authority of the United States, and such as may be permitted 

12352 by the Choctaws or Chickasaws, with the assent of the United 

12353 States agent, to reside within their limits, without becoming 

12354 citizens or members of either of said tribes. 

12355 Article 8. In consideration of the foregoing stipulations, 

12356 and immediately upon the ratification of this convention, there 

12357 shall be paid to the Choctaws, in such manner as their national 

12358 council shall direct, out of the national fund of the Chickasaws 

12359 held in trust by the United States, the sum of one hundred and 

12360 fifty thousand. dollars. 

12361 Article 9. The Choctaw Indians" do hereby absolutely and 

12362 forever quit-claim and relinquish to the United States all their 

12363 right, title, and interest in and to any and all lands west of the 

12364 one hundredth degree of west longitude ; and the Choctaws and 

12365 Chickasaws do hereby lease to the United States all that por- 

12366 tion of their common territory west of the ninety -eighth degree 



2t8 

12367 of west longitude, for the permanent settlement of the Wichita 

12368 and such other tribes or bands of Indians as the Government 

12369 may desire to locate therein ; excluding, however, all the In- 

12370 dians of 'Sew Mexico, and also those whose usual ranges at 

12371 present are north of the Arkansas Eiyer, and whose permanent 

12372 locations are north of the Canadian Kiver, but including those 

12373 bands whose permanent ranges are south of the Canadian, or 

12374 between it and the Arkansas ; which Indians shall be subject to 

12375 the exclusive control of the United States, under such rules and 

12376 regulations, not inconsistent with the rights and interests of 

12377 the Choctaws and Chickasaws, as may from time to time be 

12378 prescribed by the President for their government: Provided, 

12379 however, The territory so leased shall remain open to settlement 

12380 by Choctaws and Chickasaws as heretofore. 

12381 Abticle 10.. In consideration of the foregoing relinquish- 

12382 ment and lease, and as soon as practicable after the ratification 

12383 of this convention, the United States will pay to the'Choctaws 

12384 the sum of six hundred thousand dollars, and to the Chicka- 

12385 saws the sum of two hundred thousand dollars, in such manner 

12386 as their general councils shall respectively direct. 

12387 Abticle 11. The Government of the United States not 

12388 being prepared to assent to the claim set up under the treaty of 

12389 September the twenty-seventh, eighteen hundred and thirty, 

12390 and so earnestly contended for by the Choctaws as a rule of 

12391 settlement, but justly appreciating the sacrifl.ces, faithful ser- 

12392 vices, and general good conduct of the Choctaw people, and 

12393 being desirous that their rights and claims against the United 

12394 States shall receive a just, fair, and liberal consideration, it is 

12395 therefore stipulated that the following questions be submitted 

12396 for adjudication to the Senate of the United States : 

12397 First. Whether the Choctaws are entitled to, or shall be 

12398 allowed, the proceeds of the sale of the lands ceded by them to 

12399 the United States by the treaty of September the twenty-sev- 

12400 enth, eighteen hundred and thirty, deducting therefrom the cost 

12401 of their survey and sale, and all just and proper expenditures 

12402 and payments under the provisions of said treaty; and if so, 

12403 what price per acre shall be allowed to the Choctaws for the 

12404 lauds remaining unsold, in order that a final settlement with 

12405 them may be promptly effected. Or, 

12406 Second. Whether the Choctaws shall be allowed a gross 

12407 sum in further and full satisfaction of all their claims, national 

12408 and individual, against the United States ; and, if so, how much. 

12409 Article 12. In case the Senate shall award to the Choc- 

12410 taws the net proceeds of the lands, ceded as aforesaid, the same 

12411 shall be received by them in full satisfaction of all their claims 

12412 against the United States, whether national or individual, aris- 



279 

1?413 ing under any former treaty; and the Choctaws sliall there- 

12414 upon become liable and bound to pay all sucli individual claims 

12415 as may be adjudged by the proper authorities of the tribe to be 

12416 equitable and just, the settlement and payment to be made 

12417 with the advice and under the direction of the United States 

12418 agent for the tribe ; and so much of the fund, awarded by the 

12419 Senate to the Choctaws, as the proper authorities thereof shall 

12420 ascertain and determine to be necessary for the payment of the 

12421 just liabilities of the tribe, shall, on their requisition, be paid 

12422 over to them by the United States. But should the Senate 

12423 allow a gross sum, in further and full satisfaction of all their 

12424 claims, whether national or individual, against the United 

12425 States, the same shall be accepted by the Choctaws, and they 

12426 shall thereupon become liable for, and bound to pay, all the iu- 

12427 dividual claims as aforesaid ; it being expressly understood that 

12428 the adjudication and decision of the Senate shall be final. 

12429 Article 13, The amounts secured by existing treaty stipu- 

12430 lations — viz: permanent annuity of three thousand dollars, un- 

12431 der the second article of the treaty of eighteen hundred and 

12432 five; six hundred dollars per annum for the support of liglit- 

12433 horse men under the thirteenth article of the treaty of eighteen 

12434 hundred and twenty ; permanent annuity of six thousand dol- 

12435 lars for education, under the second article of the treaty of 

12436 eighteen hundred and twenty-five; six hundred dollars per 

12437 annum permanent provision for the support of a blacksmith, 

12438 under the sixth article of the treaty of eighteen hundred and 

12439 twenty; and three hundred and twenty dollars permanent pro- 

12440 vision for iron and steel, under the ninth article of the treaty of 

12441 eighteen hundred and twenty-five — shall continue to be paid to, 

12442 or expended for the benefit of, the Choctaws as heretofore ; or 

12443 the same may be applied to such objects of general utility as 

12444 may, from time to time, be designated by the general council of 

1 2445 the tribe, with the approbation of the Government of the United 

12446 States. And the funds now held in trust by the United States 

12447 for the benefit of the Choctaws under former treaties, or other- 

12448 wise, shall continue to be so held ; together with the sum of 

12449 five hundred thousand dollars out of the amount payable to 

12450 them under articles eighth and tenth of this agreement, and 

12451 also whatever balance shall remain, if any, of the amount that 

12452 shall be allowed the Choctaws, by the Senate, under the twelfth 

12453 article hereof, after satisfying the just liabilities of the tribe. 

12454 The sums so to be held in trust shall constitute a general Choc- 

12455 taw fund, yielding an annual interest of not less than five per 

12456 centum ; no part of which shall be paid out as annuity, but 

12457 shall be regularly and judiciously applied, under the direction 

12458 of the general council of the Choctaws, to the support of their 

12459 government, for purposes of education, and such other objects 



280 

12460 as may be best calculated to promote and advdiiee tte improve- 

12461 ment, welfare, and happiness of tbe Gho&taw people and their- 

12462 descendants. 

12463 Article 14. The United States shall protect the Choctaw^ 

12464 and Chickasaws from domestic strife, from hostile invasion; and 

12465 from aggression by other Indians and white persons not subject 

12466 to their jurisdiction and laws ; and for all iiljuries resultingfrom 

12467 such invasion or aggression, full indemnity is hereby guaranteed 

12468 to the party or parties injured, out of lihe Treasury of the United 

12469 States, upon the same principle a'nd according to the same rules 

12470 upon which white persons are entitled to indemnity for injuries 

12471 or aggressions upon them, committed by Indians. 

12472 Aeticle 15. The Ohoctaws and Chickasaws shall promptly 
124Z3 apprehend and deliver up all persons accused of any erime or 

12474 offence against the laws of the United States, or of any State 

12475 thereof, who may be found within their limits, on demand of auy 

12476 proper officer of a State, or of the United States. 

12477 Article 16. All persons licensed by the United States to trade 

12478 with the Ohoctaws or Ohichasaws shall be required to pay to the 

12479 respective tribes a moderate annual compensation for the land 

12480 and timber used by them j the amount of such compensation, in 

12481 each case, to be assessed by the proper authorities of said tribe, 

12482 subject to the approval of the United States agent. 

12483 Article 17. The United States shall have the right to es- 

12484 tablish and maintain such military posts, post-roads, and Indian 

12485 agencies as may be deemed necessary within the Choctaw and 

12486 Chickasaw country, .but no greater quantity of land or timber 

12487 shall be used for said purposes than shall be actually requisite ; 

12488 and if, in the establishment or maintenance of Such posts, post- 
12489 roads, and agencies, the property of any Choctaw or Chicka- 

12490 saw shall be taken, injured, or destroyed, jiist and adequate 

12491 compensatioil shall be made by the United States. Only such 

12492 persons as are, or may be in the einployment of the United 

12493 States, oi" subject to the jurisdiction and laws of the Choctaws, 

12494 or Chickasaws, shall be permitted to farm or raise stock within 

12495 the limits of any of said military posts or Indian agencies. And 

12496 no offender against the laws of either of said tribes shall be per- 
124ti7 mitted to take refuge therein. 

12498 Article is. The United States, Or any incorporated company, 

12499 shall have the right of way for railroads, or lines of telegraphs, 

12500 through the Chotaw and Chickasaw country ; but for any prop- 

12501 erty taken or destroyed in the construction thereof, full compen- 

12502 sation shall be niade to the party or parties injured, to be ascer- 

12503 tained and determined in such manner as the president of the 

12504 United States shall direct. 

125105 ARTiCLte 19. The United States shall, as soon as practica- 

12506 ble, cause the eastern and western boiindary lines of the tract 



281 

12507 of country described iu the .1st article of this conventiou, and 

12508 the western boundary of the Chickasaw district, as herein de- 

12509 fined, to be run and permanently marked. 

12510 Article 20. That this convention may conduce as far as 

12511 possible to the restoration and preservation of kind and friendly 

12512 feeling among the Choctaws and Ohickasaws, a general amnesty 

12513 of all past offences, committed within their country, is hereby 

12514 declared. 

12515 And in order that their relations to each other and to the 

12516 United States may hereafter be conducted in a harmonious and 

12517 satisfactory manner, there shall be but one agent for the two 

12518 tribes. 

12519 Article 21. This convention shall supersede and take the 

12520 place of all former treaties between the United States and the 

12521 Choctaws, and also of all treaty stipulations between the United 

12522 States and the Chickasaws, and between the Choctaws and 

12523 Chickasaws, inconsistent with this agreement, and shall take 

12524 effect and be obligatory upon the contracting parties from the 

12525 date hereof, whenever the same shall be ratified by the respec- 

12526 five councils of the Choctaw and Chickasaw tribes, and by the 

12527 President and Senate of the United States. 

12528 Article 22. It is understood and agreed that the expenses 

12529 of the respective commissioners of the two tribes, signing these 

12530 articles of agreement and convention, in coming to and return- 

12531 ing from this city, and while here, shall be paid by the United 

12532 States. 

12533 In testimony whereof the said George W. Manypeuny, com- 

12534 missioner on the part of the United States, and the said com- 

12535 missioners on the part of the Choctaws and of the Chickasaws, 

12536 have hereunto set their hands and seals. 

12537 Done in triplicate, at the city of Washington, on this twenty- 

12538 second day of June, in the year of our Lord one thousand eight 

12539 hundred and fifty-five. 

12540 GEORGE W. MANYPENNY, 

12541 United States Commissioner, [l. s.] 

12542 P. P. PITCHLYNN, [L. S.] 

12543 ISRAEL FOLSOM, ' [L. s.] 

12544 SAM'L GARLAND, [l. s.] 
13545 DICKSON W. LEWIS, [l. S.J 

12546 Choctaw Commissioners. 

12547 EDMUND PICKENS, his x mark, [l. s.] 

12548 SAMPSON FOLSOM, [l. s.] 

12549 Chiclcasaio Commissioners. 

12550 Executed in presence of — 

12551 A. O. P. Nicholson, 

12552 Jambs G. Berret, 

12553 Douglas H. Cooper, United States Indian Agent. 

36 I X 



282 

12554 And whereas the said treaty having been submitted to the 

12555 general council of the Chickasaw tribe, the general council did, 

12556 on the third day of October, A. D. one thousand eight hundred 

12557 and fifty-five, assent to, ratify, and confirm the same, with the 

12558 following amendment: "Add to the 19th article, 'by com- 

12559 missioners to be appointed by the contracting parties hereto,' " 

12560 by an instrument in writing, in the words and figures following, 

12561 to wit: 

12562 Whereas articles of agreement and convention were made 

12563 and concluded on the twenty-second day of June, A. D. one 

12564 thousand eight hundred and fifty-five, by and between George 

12565 W. Manypenny, commissioner on the part of the United States, 

12566 Peter P. Pitchlynn, Israel Folsom, Samuel Garland, and Dick- 

12567 son W. Lewis, commissioners on the part of the Choctaws, and 

12568 Edmund Pickens and Sampson Folsom, commissioners on the 

12569 part of the Chickasaws, at the city of Washington, in the Dis- 

12570 trict of Columbia, the preamble whereof is in the words aud 

12571 figures following, "to wit:" 

12572 Whereas the political connection heretofore existingbetween 

12573 the Choctaw and Chickasaw tribes of Indians has given rise to 

12574 unhappy and injurious dissensions and controversies among 

12575 them, which render necessary a re-adjustment of their relations 

12576 to each other and to the United States; and 

12577 Whereas the United States desire that the Choctaw Indians 

12578 shall relinquish all claim to any territory west of "the one hnn- 

12579 dredth degree of west longitude, and also to make provision for 

12580 the permanent settlement within the Choctaw country of the 

12581 Wichita and certain other tribes or bands of Indians, for which 
12682 purpose the Choctaws and Chickasaws are willing to lease, on 

12583 reasonable terms, to the United States, that portion of their 

12584 common territory which is west of the ninety-eighth degree of 

12585 west longitude ; and 

12586 Whereas the Choctaws contend that, by a just and fair con- 

12587 struction of the treaty of September 27, 1830, they are of right 

12588 entitled to the net proceeds of the lauds ceded by them to the 

12589 United States under said treaty, and have proposed that the 

12590 question of their right' to the same, together with the whole sub- 

12591 ject-matter of their unsettled claims, whether national or indi- 

12592 vidual, against the United States, arising under the various pro* 

12593 visions of said treaty, shall be referred to the Senate of the 

12594 United States for final adjudication and adjustment; and 

12595 Whereas it is necessary, for the simplification and better 

12596 understanding of the relations between the United States and 

12597 the Choctaw Indians, that all their subsisting treaty stipulations 

12598 be embodied in one comprehensive instrument; and 

12599 Whereas, in the twenty -first article thereof, it is, among 



283 

12600 other things, recited that said agreement "shall take effect and 

12601 be obligatory upon the contracting parties from the date hereof, 

12602 whenever the same shall be ratified by the respective councils of 

12603 the Choctaw and Chickasaw tribes of Indians and by the Presi- 

12604 dent and Senate of the United States:" 

12605 Now, therefore, be it known, that the Chickasaws, in gene- 

12606 ral council assembled, having duly considered said articles of 

12607 agreement and convention, and each and every clause thereof, 

12608 and being satisfied therewith, do, upon their part, hereby assent 

12609 to, ratify, and confirm the same, as stipulated and required, with 

12610 the following amendment: "Add to the nineteenth article, 'By 

12611 commissioners to be appointed by the contracting parties here- 

12612 to.'" 

12613 Done and approved at Tishomingo, in the Chickasaw dis- 

12614 trict of the Choctaw Nation, this 3d day of October, in the year 

12615 of our Lord one thousand eight hundred and fifty-five. 

12616 Passed the council. 

12617 JOEL KEMP, President. 

12618 D. COLBERT, F. C. 

12619 Attest: 

12620 Cyrus Haekis, Glerh of the Council. 

12621 And whereas the Chickasaws, in general council assembled, 

12622 did, on the 13th day of December, A. D. 1855, recede from and 

12623 rescind the said amendment, and did ratify and confirm the said 

12624 treaty, and every part thereof, by an instrument in writing, in 

12625 the words and figures following, to wit : 

12626 Whereas the Chickasaws, in general council assembled, after 

12627 having duly considered the stipulations contained in a certain 

12628 convention and agreement, made and entered into at the city of 

12629 Washington, on the 22d day of June, A. D. 1855, between Ceorge 

12630 W. Manypenny, commissioner on the part of the United States ; 

12631 Peter P. Pitchlynn, Israel Polsom, Samuel Garlaud, and Dick- 

12632 son W. Lewis, commissioners on the part of the Choctaws ; Ed- 

12633 mund Pickens and Sampson Folsom, commissioners on the part 

12634 of the Chickasaws, did, on the third day of October, A. D. 1855, 

12635 at Tishomingo, in the Chickasaw district, Choctaw Nation, 

12636 assent to, ratify, and confirm each and every part of said con- 

12637 vention and agreement, with the following amendment, viz: 

12638 "Add to the 19th article, 'By commissioners to be appointed 

12639 by the contracting parties hereto ;' " and 

12640 Whereas said amendment was not duly considered and con- 

12641 curred in by the Choctaws in general council assembled ; but 

12642 said agreement and convention, and every part thereof, was 

12643 assented to, ratified, and confirmed by said council without 

12644 amendment : 

12645 Now, therefore, be it known, that the Chickasaws, in 



284 

12646 general council assembled, having reconsidered said proposed 

12647 amendment, do hereby recede from and rescind the same, hereby 

12648 assenting to, ratifying, and conflrming said agreement and con- 

12649 rention, and every part thereof. 

12650 Done and approved at the council-house at Tishomingo, 

12651 Chickasaw district, Choctaw Nation, this 13th day of December, 

12652 A. D. 1855. 

12653 Approved December 13, 1855. 

12654 J. McCOY, President of the Council. 

12655 DOUGHERTY COLBERT, F. G. 

12656 Attest : 

12657 Cyrus Hakbis, Secretary. 

12658 Signed in presence of — 

12659 Jackson Feaziee, 

12660 Chief Ghiclcasaw District, Choctaw Nation,. 

12661 Douglas H. Cooper, 

12662 'U. 8. Indian Agent. 

12663 And whereas the said treaty having been submitted to the 

12664 general council of the Choctaw tribe, the said general council 

12665 did, on the 16th day of November, A. D. one thousand eight 

12666 hundred and flfty-flve, consent to and ratify the same by an 

12667 instrument in the words and figures following, to wit : 

12668 Whereas articles of agreement and convention were made 

12669 and concluded on the twenty-second day of June, A. D. one 

12670 thousand eight hundred and fifty-five, by and between George 

12671 W. Manypenny, commissioner on the part of the United States; 

12672 Peter P. Pitchlynn, Israel Folsom, Samuel Garland, and Dickson 

12673 W. Lewis, commissioners on the part of the Choctaws; and Ed- 

12674 mund Pickens and Sampson Folsom, commissioners on the partof 

12675 the Chickasaws, at the city of Washington, in the District of 

12676 Columbia, the preamble whereof is in the words and figures fol- 

12677 lowing, viz : " Whereas the political connection heretofore exist- 

12678 ing between the Choctaw and the Chickasaw tribes of Indians has 

12679 given rise to unhappy and injurious dissensions and controver- 

12680 sies among them, which render necessary a readjustment of their 

12681 relations to each other and to the United States ; and 

12682 " Whereas the United States desire that the Choctaw Indians 

12683 shall relinquish all claim to any territory west of the one hun- 

12684 dredth degree of west longitude, and also to make provision for 

12685 the permanent settlement within the Choctaw country of the 
1268G Wichita and certain other tribes or bands of Indians, for which 

12687 purpose the Choctaws and Chickasaws are -willing to lease, on 

12688 reasonable terms, to the United States, that portion of their 

12689 common territory which is west of the ninety-eighth degree of 

12690 west longitude ; and 

12691 " Whereas the Choctaws contend that, by a just and fair con-. 



285 

12692 struction of the treaty of September 27, 1830, they are of right en- 

12693 titled to the net proceeds of the lands ceded by them to the 

12694 United States, under said treaty, and have proposed that the 

12695 question of their right to the same, together with the whol^ sub- 

12696 ject-matter of their unsettled claims, whether national or individ- 

12697 ual, against the United States, arising under the various provis- 

12698 ions of said treaty, shall be referred to the Senate of the United 

12699 States for final adjudication and adjustment; and 

12700 " Whereas it is necessary, for the simplification and better 

12701 understanding of the relations between the United States and the 

12702 Choctaw Indians, that all their subsisting treaty stipulations be 

12703 embodied in one comprehensive instrument ; " and whereas in the 

12704 twenty -first article thereof, it is, among other things, recited that 

12705 said agreement "shall take effect and be obligatory upon the 

12706 contracting [parties] from the date hereof, whenever the same 

12707 shall be ratified by the respective councils of the Choctaw and 

12708 Chickasaw tribes and by the President and Senate of the United 

12709 States:" 

12710 jl^ow, therefore, be it known, that the Choctaws, in general 

12711 council assembled, having duly considered said articles of agree- 

12712 ment and convention, and each and every clause thereof, and 

12713 being satisfied therewith, do, upon their part, hereby assent to, 

12714 ratify, and confirm the same as stipulated and required. 

12715 Proclaimed March 4, 1856. 

12716 Treaty between the United States of America and the Choctaw and 

12717 CMcTcasaw Indians, concluded April 28, 1866; ratification 

12718 advised, with amendments, June 28, 1866 ; amendments ac- 

12719 eeped July 2, 1866. 

12720 Andrew Johnson, President of the United States of America, 

12721 to all and singular to whom these presents shall come; 

12722 greeting : 

12723 Whereas a treaty was made and concluded at the city of 

12724 Washington, in the District of Columbia, on the twenty-eighth 

12725 day of April, in the year of our Lord one thousand dght hun- 

12726 dred and sixty-six, by and between Dennis IST. Cooley, Elijah 

12727 Sells, and E. S. Parker, commissioners on the part of the United 

12728 States, and Alfred Wade, Allen Wright, James Eiley, and John 

12729 Page, commissioners on the part of the Choctaw Nation of In- 

12730 dians, and Winchester Colbert, Edmund Pickens, Holmes Col- 

12731 bert, Colbert Carter, and Eobert H. Love, commissioners on the 

12732 part of the Chickasaw Nation of Indians, all of which commis- 

12733 sioners were duly authorized thereto, which treaty is in the 

12734 words and figures following, to wit :■ 



286 

12735 Articles of agreement and convention between the United States 

12736 and the Choctaw and Chickasaw Nations of Indians, made 

12737 and concluded at the city of Washington the twenty-eighth 

12738 day of April, in the year eighteen hundred and sixty-six, 

12739 by Dennis IST. Cooley, Elijah Sells, and E. S. Parker, special 

12740 commissioners on the part of the United States, and Alfred 

12741 Wade, Allen Wright, James Eiley, and John Page, commis- 

12742 sioners on the part of the Choctaws, and Winchester Col- 

12743 bert, Edmund Pickens, Holmes Colbert, Colbert Carter, 

12744 and Eobert H. Love, commissioners on the part of the 

12745 Chickasaws. 

12746 Akticle 1. Permanent peace and friendship are hereby es- 

12747 tablished between the United States and said nations ; and the 

12748 Choctaws and Chickasaws do hereby bind themselves respect- 

12749 ively to use their influence and to make every exertion to induce 

12750 Indians of the plains to maintain peaceful relations with each 

12751 other, with other Indians, and with the United States. 

12752 Article 2. The Choctaws and Chickasaws hereby cove- 
12763 nant and agree that henceforth neither slavery nor involuntary 

12754 servitude, otherwise than in punishment of crime whereof the 

12755 parties shall have been duly convicted, in accordance with laws 

12756 applicable to all members of the particular nation, shall ever 

12757 exist in said nations. 

12758 Article 3. The Choctaws and Chickasaws, in consider- 

12759 ation of the sum of three hundred thousand dollars, hereby cede 

12760 to the United States the territory west of the 98° west longi- 

12761 tude, known as the leased district, provided that the said sum 

12762 shall be invested and held by the United States, at an interest 

12763 not less than five per cent., in trust for the said nations, until 

12764 the legislatures of the Choctaw and Chickasaw Nations respect- 

12765 ively shall have made such laws, rules, and regulations as may 

12766 be necessary to give all persons of African descent, resident in 

12767 the said nations at the date of the treaty of Fort Smith, and 

12768 their descendants, heretofore held in slavery among said nations, 

12769 all the rights, privileges, and immunities, including the right of 

12770 suffrage, of citizens of said nations, except in the annuities, 

12771 moneys, and public domain claimed by, or belonging to, said 

12772 nations respectively; and also to give to such persons who were 

12773 residents as aforesaid, and their descendants, forty acres each of 

12774 the land of said nations on the same terms as the Choctaws and 

12775 Chickasaws, to be selected on the survey of said land, after the 

12776 Choctaws and Chickasaws and Kansas Indians have made their 

12777 selections, as herein provided ; and immediately on the enact- 

12778 ment of such laws, rules, and regulations, the said sum of three 

12779 hundred thousand dollars shall be paid to the said Choctaw and 

12780 Chickasaw Nations in the proportion of three-fourths to the 



287 

12781 former and one-fourth to the latter — less such sum, at the rate 

12782 of one hundred dollars per capita, as shall be sufdcient to pay 

12783 such persons of African descent before referred to as within 

12784 ninety days after the passage of such laws, rules, and regula- 

12785 tions shall elect to remove and actually remove from the said 

12786 nations respectively. And should the said laws, rules, and 

12787 regulations not be made by the legislatures of the said nations 

12788 respectively, within two years from the ratification of this treaty, 

12789 then the said sum of three hundred thousand dollars shall cease 

12790 to be held in trust for the said Choctaw and Chickasaw Nations, 

12791 and be held for the use and benefit of such of said persons of 

12792 African descent as the United States shall remove from the said 

12793 Territory in such manner as the United States shall deem pro- 

12794 per— the United States agreeing, within ninety days from the 

12795 expiration of the said two years, to remove from said nations 

12796 all such persons of African descent as may be willing to remove ; 

12797 those remaining or returning after having been removed from 

12798 said nations to have no benefit of said sum of three hundred 

12799 thousand dollars, or any part thereof, but shall be upon the same 

12800 footing as other citizens of the United States in the said nations. 

12801 Article 4. The said nations further agree that all negroes, 

12802 not otherwise disqualified or disabled, shall be competent wit- 

12803 nesses in all civil and criminal suits and proceedings in the Choc- 

12804 taw and Chickasaw courts, any law to the contrary notwithstand- 

12805 ing; and they fully recognize the right of the freedmen to a fair 

12806 remuneration on reasonable and equitable contracts for their 

12807 labor, which the law should aid them to enforce. And they agree, 

12808 on the part of their respective nations, that all laws shall be 

12809 equal in their operation upon Choctaws, Chickasaws, and negroes, 

12810 and that no distinction affecting the latter shall at any time be 

12811 made, and that they shall be treated with kindness and be pro- 

12812 tected against injury ; and they further agree, that while the 

12813 said freedmen, now in the Choctaw and Chickasaw Nations, 

12814 remain in said nations, respectively, they shall be entitled to as 

12815 much land as they may cultivate for the support of themselves 

12816 and families, in cases where they do not support themselves and 

12817 families by hiring, not interfering with existing improvements 

12818 without the consent of the occupant, it being understood that in 

12819 the event of the making of the laws, rules, and regulations afore- 

12820 said, the forty acres aforesaid shall stand in place of the land 

12821 cultivated as last aforesaid. 

12822 Article 5. A general amnesty of all past offences against 

12823 the laws of the United States, committed before the signing of 

12824 this treaty by any member of the Choctaw or Chickasaw Nations, is 

12825 hereby declared ; and the United States will especially request 

12826 the States of Missouri, Kansas, Arkansas, and Texas to grant 



288 

12827 the like amnesty as to all offences committed by any meiaber of 

12828 the Choctaw or Chickasaw Kation. And the Choctaws and 

12829 Ohickasaws, anxious for the restoration of kind and friendly 

12830 feelings among themselves, do hereby declare an amnesty for 

12831 all past offences against their respective governments, and no 

12832 Indian or Indians shall be proscribed) or any act of Ibrfeiture 

12833 or confiscation passed against those who may have re- 

12834 mained friendly to the United States, but they shall enjoy 

12835 equal privileges with other members of said tribes, and all 

12836 laws heretofore passed inconsistent herewith are hereby declared 

12837 inoperative. The people of the Choctaw and Chickasaw Nations 

12838 stipulate and agree to deliver up to any authorized agent of the 

12839 United States all public property in their possession which 

12840 belong to the late "so-called Confederate States of America,," or 

12841 the United States, without any reservation whatever ; particu- 

12842 larly ordnance, ordnance-stores, and arms of all kinds. 

12843 Article 6. The Choctaws and Ohickasaws hereby grant a 
, 12844 right of way through their lands to any company or companies 

12845 which shall be duly authorized by Congress, or by the legisla- 

12846 tures of said nations, respectively, and which shall, with the ex- 

12847 press consent and approbation of the Secretary of the Interior, 

12848 undertake to construct a railroad through the Choctaw and 

12849 Chickasaw Nations from the north to the south thereof, and 

12850 from the east to the west side thereof, in accordance with 

12851 the provisions of the 18th article of the treaty of June 

12852 twenty second, one thousand eight hundred and fifty-five, which 

12853 provides that for any property taken or destroyed in the con- 

12854 struction thereof full compensation shall be made to the party 

12855 or parties injured, to be ascertained and determined in such 

12856 manner as the President of the United States shall direct. But 

12857 such railroad company or companies, with all its or their agents 

12858 and employes shall be subject to the laws of the United States 

12859 relating to intercourse with Indian tribes, and also to such rules 

12860 and regulations as may be prescribed by the Secretary of the 

12861 Interior for that purpose. And it is also stipulated and agreed 

12862 tliat the nation through which the road or roads aforesaid shall 

12863 pass may subscribe to the stock of the particular company or 

12864 companies such amount or amounts as they may be able to pay 

12865 for in jilternate sections of unoccupied lands for a space of six 

12866 miles on each side of said road or roads, at a price per acre to 

12867 be agreed upon between said Choctaw and Chickasaw Nations 

12868 and the said company or companies, subject to the approval of 

12869 the President of the United States: Provided, however, That 

12870 said land, thus subscribed, shall not be sold, or demised, or occu- 

12871 pied by any one not a citizen of the Choctaw or Chickasaw 

12872 Nations, according to their laws and recognized usages : Pro- 



289 

12873 vided, That the officers, servants, and employees of such compa- 

12874 nies necessary to the construction and management of said road 

12875 or roads shall not be excluded from such occupancy as their 

12876 respective functions may require, they being subject to the pro- 

12877 visions of the Indian intercourse law and such rules and regula- 

12878 tions as may be established by the Secretary of the Interior. 

12879 And provided also, That the stock thus subscribed by either of 

12880 said nations shall have the force and effect of a flrst-mortgage 

12881 bond on all that part of said road, appurtenances, and equip- 

12882 ments situated and used within said nations respectively, and 

12883 shall be a perpetual lien on the same, and the said nations shall 

12884 have the right, from year to year, to elect to receive their equi- 

12885 table proportion of declared dividends of profits on their said 

12886 stock, or interest on the par value at the rate of six per cent. 

12887 per annum. 

12888 2. And it is further declared, in this connection, that as fast 

12889 as sections of twenty miles in length are completed, with the rails 

12890 laid ready for use, with all water and other stations necessary 

12891 to the use thereof, as a iirst-class road, the said company or 

12892 companies shall become entitled to patents for the alternate 

12893 sections aforesaid, and may proceed to dispose thereof in the 

12894 manner herein provided for, subject to the approval of the Sec- 

12895 retary of the Interior. 

12896 3. And it is further declared, also, in case of one or more of 

12897 said alternate sections being occupied by any member or mem- 

12898 bers of said nations respectively, so that the same cannot be 

12899 transferred to the said company or companies, that the said 

12900 nation or nations, respectively, may select any unoccupied sec- 

12901 tion or sections, as near as circumstances will permit, to the said 

12902 width of six miles on each side of said road or roads, and con- 

12903 vey the same as an equivalent for the section or sections so oc- 

12904 cupied as aforesaid. 

12905 Article 7. The Choctaws and Ghickasaws agree to such 

12906 legislation as Congress and the President of the United States 

12907 may deem necessary for the better administration of justice and 

12908 the protection of the riglits of person and property within the 

12909 Indian Territory : Provided, however, Such legislation shall not 

12910 in anywise interfere with or annul their present tribal organi- 
, 12911 zation, or their respective legislatures or judiciaries, or the 

12912 rights, laws, privileges, or customs of the Choctaw and Chicka- 

12913 saw Nations respectively. 

12914 Aeticlb 8. The Choctaws and Chickasaws also agree that 

12915 a council, consisting of delegates elected by each nation or tribe 

12916 lawfully resident within the Indian Territory, may be annually 

12917 convened in said Territory, to be organized as follows: 

12918 1. After the ratification of this treaty, and as soon as may 

37 I T 



290 

12919 be deemed practicable by the Secretary of the Interior, and 

12920 prior to the first session of said assembly, a'census of each tribe,. 

12921 lawfully resident in said Territory, shall be taken, under the di- 

12922 rection of the Superintendent of Indian Affairs, by competent 

12923 persons, to be appointed by him, whose compensation shall be 

12924 fixed by the Secretary of the Interior and paid by the United 

12925 States. 

12926' 2. The council shall consist of one member from each tribe 

12927 or nation whose population shall exceed five hundred, and an 

12928 additional member for each one thousand Indians, native or 

12929 adopted, or each fraction of a thousand greater than five hundred 

12930 being members of any tribe lawfully resident in said Territory, 

12931 and shall be selected by the ti'ibes or nations respectively who 

12932 may assent to the establishment of said general assembly; and 

12933 if none should be thus formally selected by any nation or tribe, 

12934 it shall be represented in said general assembly by the chief or 

12935 chiefs and head-men of said tribes, to be taken in the order of 

12936 their rank as recognized in tribal usage in the number and pro- 

12937 portions above indicated. 

12938 3. After the said census shall have been taken and coni- 

12939 pleted, the superintendent of Indian affairs shall publish and 

12940 declare to each tribe the number of members of said council to 

12941 which they shall be entitled under the provisions of this article; 

12942 and the persons so to represent the said tribes shall meet at such 

12943 time and place as he shall designate, but thereafter the time and 

12944 place of the sessions of the general assembly shall be determined 

12945 by itself: Provided, That no session in any one year shall exceed 

12946 the term of thirty days ; and provided that the special sessions 

12947 may be called whenever, in the judgment of the Secretary of the 

12948 Interior, the interests of said tribes shall require it. 

12949 4. The general assembly shall have power to legislate upon 

12950 all subjects and matters pertaining to the intercourse and rela- 

12951 tions of the Indian tribes and nations resident in the said Terri- 

12952 tory, the Kvrest and extradition of criminals escaping from ore 

12953 tribe l^^ another, the administration of justice between membeis 

12954 of the ht,."i'^l tribes of the said Territory, and persons other 

12955 than Indiaas and members of said tribes or nations, the con- 

12956 struction of works of internal improvement, and the common 

12957 defence and safety of the nations of the said Territory. All 

12958 laws enacted by said council shall take effect at the times 

12959 therein provided, unless suspended by the Secretary of the 

12960 Interior or the President of the United States. No law shall 

12961 be enacted inconsistent with the Constitution of the United 

12962 States or the laws of Congress, or existing treaty stipula- 

12963 tions with the United States ; nor shall said council legislate 

12964 upon matters pertaining to the legislative, judicial, or other or- 



291 

12965 ganization, laws, or customs of the several tribes or uatious, ex- 

12966 cept as herein provided for. 

12967 5. Said council shall be presided over by the superintendent 
32968 of Indian affairs, or, in case of his absence from any cause, the 

12969 duties of the superintendent enumerated in this article shall be 

12970 performed by such person as the Secretary of the Interior shall 

12971 indicate. 

12972 6. The Secretary of the Interior shall appoint ^ secretary 

12973 of said council, whose duty it shall be to keep an accurate record 

12974 of all the proceedings of said council, and to transmit a true copy 

12975 thereof, duly certified by the superiutendcuc of Indian affairs, 

12976 to the Secretary of the Interior, immediately after the sessions 

12977 of said council shall terminate. He shall be ]paid five hundred 

12978 dollars, as an annual salary, by the United States. 

12979 7. The members of the said council shall be paid by the 

12980 United States four dollars per diem while in actual attendance 

12981 thereon, and four dollars mileage for every twenty miles going 

12982 aud returning therefrom by the most direct route, to be certified 

12983 by the secretary of said council and the presiding officer. 

12984 8. The Choctaws and Ohickasaws also agree that a court or 

12985 courts may be established iu saidTerritory with such jurisdiction 

12986 and organization as Congress may prescribe : Provided, That the 

12987 same shall not interfere with the local judiciary of either of said 

12988 nations. 

12989 9. Whenever Congress shall authorize the appointment of a 

12990 Delegate from said Territory, it shall be the province of said 

12991 council to elect one from among the nations represented in said 

12992 council. 

12993 10. And it is further agreed that the superintendent of In- 

12994 dian affairs shall be the executive of the said Territory, with the 

12995 title of " governor of the Territory of Oklahoma," and that there 

12996 shall be a secretary of the said Territory, to be appointed by the 

12997 said superintendent ; that the duty of the said governor, in addi- 

12998 tion to those already imposed on the superintendent of Indian 

12999 affairs, shall be such as properly belong to an executive officer 

13000 charged with the execution of the laws, which the said council 

13001 is authorized to enact under the provisions of this treaty; and 

13002 that for this purpose he shall have authority to appoint a marshal 

13003 of said Territory and an interpreter, the said marshal to appoint 

13004 such deputies, to be paid by fees, as may be required to aid him 

13005 in the execution of his proper functions, and be the marshal of 

13006 the principal court of said Territory that may be established 

13007 under the provisions of this treaty. 

13008 11. And the said marshal and the said secretary shall each 

13009 be entitled to a salary of five hundred dollars per annum, to be 

13010 paid by the United States, and such fees in addition thereto as 



292 

13011 shall be established by said governor, with the approbation of 

13012 the Secretary of the Interior, it being understood that the said 

13013 fee-lists may at any time be corrected and altered by the Secre- 

13014 tary of the Interior, as the experience of the system proposed 

13015 herein to be established shall show to be necessary, and shall in 

13016 no case exceed the fees paid to marshals of the United States 

13017 for similar services. The salary of the interpreter shall be five 

13018 hundred dollars, to be paid in like manner by the United States. 

13019 12. ,And the United States agree that in the appointment 

13020 of marshals and deputies, preference, qualifications being equal, 

13021 shall be given to competent members of the said nations, the 

13022 object being to create a laudable ambition to acquire the experi- 

13023 ence necessary for political offlces of importance in the respective 

13024 nations. 

13025 13. And whereas it is desired by the said Choctaw and 

13026 Chickasaw Nations that the said council should consist of an 

13027 upper and lower house, it is hereby agreed that, whenever a 

13028 majority of the tribes or nations represented in said council shall 

13029 desire the same, or the Congress of the United States shall so 

13030 prescribe, there shall be, in addition to the council now provided 

13031 for, and which shall then constitute the lower house, an upper 

13032 house, consisting of one member from each tribe entitled to rep- 

13033 resentation in the council now provided for, the relations of the 

13034 two houses to each other being such as prevail in the States of 

13035 the United States, each house being authorized to choose its pre- 

13036 siding officer and clerk to perform the duties appropriate to such 

13037 offlces; and it being the duty, in addition, of the clerks of each " 

13038 house to make out and transmit to the territorial secretary fair 

13039 copies of the proceedings of the respective houses immediately 

13040 after their respective sessions, which copies shall be dealt 
1£041 with by the said secretary as is now provided^ in the case of 

13042 copies of the proceedings of the council mentioned in this act, 

13043 and the said clerks shall each be entitled to the same per diem 

13044 as members of the respective houses, and the presiding officers 

13045 to double that sum. 

13040 Article 9. Such sums of money as have, by virtue of 

13047 treaties existing in the year eighteen hundred and sixty-one, 

13048 been invested for the purposes of education, shall remain so iu- 

13049 vested, and the interest thereof shall be applied for the same 

13050 purposes, in such manner as shall be designated by the legisla- 

13051 tive authorities of the Choctaw and Chickasaw Nations, re- 

13052 spectively. 

13053 Aeticle 10. The United States re-afflrms all obligations 

13054 arising out of treaty stipulations or acts of legislation with re- 

13055 gard to the Choctaw and Chickasaw Nations, entered into prior 
13066 to the late rebellion, and in force at that time, not inconsistent 



29S 

13057 herewith; and farther agrees to renew the payment of all annu- 

13058 ities and others moneys accruing under such treaty stipulations 

13059 and acts of legislation, from and after the close of the fiscal 

13060 year ending on the thirtieth of June, in the year eighteen hun- 

13061 dred and sixty-six. 

130C2 Article 11. Whereas the land occupied by the Choctaw and 

13063 Chickasaw Nations, and described in the treaty between the 

13064 United States and said nations, of June twenty-second, 

13065 eighteen hundred and fifty-five, is now held by the members of 
1306G said nations in common, under the provisions of the said treaty ; 

13067 and whereas it is believed that the holding of said land in sever- 

13068 alty will promote the general civilization of said nations, and tend 

13069 to advance their permanent welfare and the best interests of 

13070 their individual members, it is hereby agreed that, should the 

13071 Choctaw and Chickasaw people, through their respective legis- 

13072 lative councils, agree to the survey and dividing their land 

13073 on the system of the United States, the land aforesaid east of 

13074 the ninety-eighth degree of west longitude shall be, in view of 

13075 the arrangements hereinafter mentioned, surveyed and laid oft' 

13076 in ranges, townships, sections, and parts of sections; and that 

13077 for the purpose of facilitating such surveys and for the settle- 

13078 ment and distribution of said land as hereinafter provided, 

13079 there shall be established at Boggy Depot, in the Choctaw Ter- 

13080 ritory, a land-office; and that, in making the said surveys and 

13081 conducting the business of the said office, including the appoint- 

13082 ment of all necessary agents and surveyors, the same system 

13083 shall be pursued which Las heretofore governed in respect to the 

13084 public lands of the United States, it being understood that the 

13085 said surveys shall be made at the cost of the United States and 

13086 by their agents and surveyors, as in the case of their own pub- 

13087 lie lands, and that the officers and employes shall receive the 

13088 same compensation as is paid to officers and employes in tbe 

13089 land- offices of the United States in Kansas. 

13090 Article 12. The maps of said surveys shall exhibit, as 

13091 far as practicable, the outlines of the actual occupancy of mem- 

13092 bers of the said nations, respectively ; and when they are com- 

13093 pleted, sliall be returned to the said land-office at Boggy Depot 

13094 for inspection by all parties interested, when notice for ninety 

13095 days shall be given of such return, in such manner as the legisla- 

13096 tive authorities of the said nations, respectively, shall prescribe, 

13097 or, in the event of said authorities failing to give such notice in 

13098 a reasonable time, in such manner as the register of said land- 
13099. office shall prescribe, calling upon all parties interested to ex- 

13100 amine said maps to the end that errors, if any, in the location 

13101 of such occupancies, may be corrected. 

13102 Article 13. The notice required in the above article shall 



294 

13103 be given, not only in the Choctaw and Chickasaw Nations, but 

13104 by publication in newspapers printed in the States of Mississippi 

13105 and Tennessee, Louisiana, Texas, Arkansas, and Alabama, to 

13106 the end that such Choctaws and Chickasaws as yet remain out- 

13107 side of the Choctaw and Chickasaw Nations, may be informed 

13108 and have opportunity to exercise the rights hereby given to 

13109 resident Choctaws and Chickasaws : Provided, That before any 

13110 such absent Choctaw or Chickasaw shall be permitted to select 

13111 for him or herself, or others, as hereinafter provided, he or she 

13112 shall satisfy the register of the land-ofiice of his or her intention, 

13113 or the intention of the party for whom the selection is to be 

13114 made, to bcome bona fide resident in the said nation within five 

13115 years from the time of selection ; and should the said absentee 

13116 fail to remove into said nation, and occupy and commence an ira- 

13117 provement on the land selected within the time aforesaid, the 

13118 said selection shall be cancelled, and the land shall thereafter be 

13119 discharged from all claim on account thereof. 

13120 Article 14 At the expiration of the ninety days aforesaid 

13121 the legislative anthorities of the said nations, respectively, shall 

13122 have the right to select one quarter-section of land in each of the 

13123 counties of said nations respectively, in trust for the establish- 

13124 ment of seats of justice therein, and also as many quarter-sec- 

13125 tions as the said legislative councils may deem proper for the 

13126 permanent endowment of schools, seminaries, and colleges in said 

13127 nation, provided such selection shall not embrace or interfere 

13128 with any improvement in the actual occupation of any member 

13129 of the particular nation without his consent ; and provided the 

13130 proceeds of sale of the quarter-sections selected for seats of jus- 

13131 tice shall be appropriated for the erection or improvement of pub- 

13132 lie buildings in the county in which it is located. 

13133 Article 15. At the expiration of the ninety days' notice 

13134 aforesaid, the selection which is to change the tenure of theland 

13135 in the Choctaw and Chickasaw Nations from a holding in common 

13136 to a holding in severalty shall take place, when every Choctaw 

13137 and Chickasaw shall' have the right to one quarter-section of 

13138 land, whether male or female, adult or minor, and if in actual 

13139 possession or occupancy of land improved or cultivated by him 

13140 or her, shall have a prior right to the quarter-section in which 

13141 his or her improvement lies ; and every infant shall have selected 

13142 for him or her a quarter-section of land in such location as the 

13143 father of such infant, if there be a father iving, and if no father 

13144 living, then the mother or guardian, and should there be neither 

13145 father, mother, nor guardian, then as the probate judge of the 

13146 county, acting for the best interest of such infant, shall select. 

13147 Article 16. Should an actual occupant of Jand desire, at 

13148 any time prior to the commencement of the surveys aforesaid, 



295 

13149 to abandon his improvement, and select and improve other 

13150 land, so as to obtain the prior right of selection thereof, he or. 

13151 she shall be at liberty to do so ; in which event the improve- 

13152 ment so abandoned shall be open to selection by other parties : 

13153 Provided, That nothing herein contained shall authorize the 

13154 multiplication of improvements so as to increase the quantity of 

13155 land beyond what a party would be entitled to at the date of 

13156 this treaty. 

13157 Aeticlb 17. No selection to be made under this treaty shall 

13158 be permitted to deprive or interfere with the continued occupa- 

13159 tion by the missionaries established in the respective nations of 

13160 their several missionary establishments ; it being the wish of 

13161 the parties hereto to promote and foster an influence so largely 
13163 conducive to civilization and refinement. Should any mission- 

13163 ary who has been engaged in missionary labor for five consecu- 

13164 tive years before the date of this treaty in the said nations, or 

13165 either of them, or three consecutive years prior to the late re- 

13166 bellion, and who, if absent from the said nations, may desire to 

13167 return, wish to select a quarter-section of land with a view to a 

13168 permanent home for himself and family, he sball have the priv- 

13169 ilege of doiug so, provided no selection shall include any x)ublic 

13170 buildings, schools or seminary ; and a quantity of land not ex- 

13171 ceeding six hundred and forty acres to be selected according to 
13173 legal subdivisions in one body, and to include their improve- 

13173 ments, is hereby granted to every religious society or deuonii- 

13174 nation which has erected, or which, with the consent of the Iii- 

13175 dians, may hereafter erect buildings within the Choctaw and 

13176 Chickasaw country for missionary or educational purposes ; but 

13177 no land thus granted, nor the buildings which have been or may 

13178 be erected thereon, shall ever be sold or otherwise disposed of, 

13179 except with the consent of the legislatures of said nations re- 

13180 spectively and approval of the Secretary of the Interior ; and 

13181 whenever such lands or buildings shall be sold or disposed of 

13182 the proceeds thereof shall be applied, under the direction of the 

13183 Secretary of the Interior, to the support and maintenance of 

13184 other similar establishments for the benefit of the Choctaws and 

13185 Chickasaws, and such other iiersons as may hereafter become 

13186 members of their nations, according to their laws, customs, and 

13187 usages. 

13188 Article 18. In making a selection for children the parent 

13189 shall have a prior right to select land adjacent to his own im- 

13190 provements or selection, provided such selection shall be made 

13191 within thirty days from the time at which selections under this 

13192 treaty commence. 

13193 Aeticlb 19. The manner of selecting as aforesaid shall be 

13194 by an entry with the register of the land-offlce, and all selec- 



296 

13195 tions shall be made to conform to the legal subdivisions of the 

13196 said lands as shown by the surveys aforesaid on the maps afore- 

13197 said ; it being understood that nothing herein contained is to be 

13198 construed to confine a party selecting to one section, but he may 

13199 take contiguous parts of sections by legal subdivisions in differ- 

13200 ent sections, not exceeding together a quarter-section. 

13201 Aeticlb 20. Prior to any entries being made under the 

13202 foregoing provisions, proof of improvements, or actaal cultiva- 

13203 tion, as well as the number of persons for whom a parent or 

13204 guardian, or probate judge of the county proposes to select, and 

13205 of their right to select, and of his or her authority to select, for 

13206 them, shall be made to the register and receiver of the land- 

13207 office, under regulations to be prescribed by the Secretary of the 

13208 Interior. 

13209 Akticle 21. Inevery township thesections of landnumbered 

13210 sixteen and thirty-six shall be reserved for the support of schools 

13211 in said township : Provided, That if the same has been already 

13212 occupied by a party or parties having the right to select it, or it 

13213 shall be so sterile as to be unavailable, the legislative authori- 

13214 ties of the particular nations shall have the right to select such 

13215 other unoccupied sections as they may think proper. 

13216 Article 22. The right of selection hereby given shall not 

13217 authorize the selection of any land required by the United 

13218 States as a military post, or Indian agency, not exceeding one 

13219 mile square, which, when abandoned, shall revert to the nation 

13220 in which the land lies. 

13221 Aeticle 23. The register of the land-office shall inscribe in 
13232 a suitable book or books, in alphabetical order, the name of every 

13223 individual for whom a selection shall be made, his or her age, 

13224 and a description of the land selected. 

13225 Aeticle 24. Whereas it may be difficult to give to each 

13226 occupant of an improvement a quarter-section of land, or even 

13227 a smaller subdivision, which shall include such improvement, in 

13228 consequence of such improvements lying in towns, villages, or 
13220 hamlets, the legislative authorities of the respective natiouis 

13230 shall have power, where, in their discretion, they think it expe- 

13231 dient, to lay off into town lots any section or part of a section 

13232 so occupied, to which lots the actual occupants, being citizens 

13233 of the respective nations, shall have pre-emptive right, and, upon 

13234 paying into the treasury of the particular nation the price of the 

13235 land, as fixed by the respective legislatures, exclusive of the 

13236 value of said improvement, shall receive a conveyance thereof. 

13237 Such occupant shall not be prejudiced thereby in his right to 

13238 his selection elsewhere. The town lots which maj' be unoccu- 

13239 pied shall l)e disposed of for the benefit of the particular nation, 

13240 as the legislative authorities may direct from time to time. 



297 

13241 When the number of occupants of the same quarter-section shall 

13242 not be such as to authorize the legislative authorities to lay out 

13243 the same, or any part thereof, into town lots, they may make 

13244 such regulations for the disposition thereof as they may deem 

13245 proper, either by subdivision of the same, so as to accommodate 

13246 the actual occupants, or by giving the right of prior choice to 

13247 tlie first occupant in point of time, upon paying the others for 

13248 their improvements, to be valued in such way as the legisla- 

13249 tive authorities shall prescribe, or otherwise. All occupants 

13250 retaining their lots under this section, and desiring, in addition, 

13251 to make a selection, must pay for the lots so retained, as in the 

13252 case of town lots. And any Choctaw or Chickasaw who may 

13253 desire to select a sectional division other than that on which his 

13254 homestead is, without abandoning the latter, shall have the 

13255 right to purchase the homestead sectional division at such price 

13256 as the respective legislatures may prescribe. 

13257 Aeticlb 25. During ninety days from the expiration of the 

13258 ninety days' notice aforesaid, the Choctaws and Chickasaws 

13259 shall have the exclusive right to make selections, as aforesaid, 

13260 and at the end of that time the several parties shall be entitled 

13261 to patents for their respective selections, to be issued by the 

13262 President of the United States, and countersigned by the chief 

13263 executive offlcer of the nation in which the land lies, and re- 

13264 corded in the records of the executive office of the particular 

13265 nation ; and copies of the said patents, under seal, shall be 

13266 evidence in any court of law or equity. 

13267 Akticle 26. The right here given to Choctaws and 

13268 Chickasaws, respectively, shall extend to all persons who have 

13269 become citizens by adoption or intermarriage of either of said 

13270 nations, or who may hereafter become such. 

13271 Article 27. In the event of disputes arising in regard to 

13272 the rights of parties to select particular quarter-sections or other 

13273 divisions of said land, or in regard to the adjustment of bound- 

13274 aries, so as to make them conform to legal divisions and sub- 

13275 divisions, such disputes shall be settled by the register of the 

13276 land-office and the chief executive officer of the nation in which 

13277 the land lies, in a summary way, after hearing the parties ; and 

13278 if said register and chief officer cannot agree, the two to call in 

13279 a third party, who shall constitute a third referee, the decision 

13280 of any two of whom shall be iinal, without appeal. 

13281 Article 28. Nothing contained in any law of either of the 

13282 said nations shall prevent parties entitled to make selections 

13283 contiguous to each other; and the Choctaw and Chickasaw 

13284 ifations hereby agree to repeal all laws inconsistent with this 

13285 provision. 

13286 Article 29. Selections made under this treaty shall, to 

38 I T 



298 

13287 the extent of one quarter-sectiou, includiag the homestead or 

13288» dwelling, be inalienable for the period of twenty-one years from 

13289 the date of such selection, and upon the death of the party in 

13290 possession shall descend according to the laws of the nation 

13291 where the land lies ; and in the event of his or her death with- 

13292 out heirs, the said quarter-section shall escheat to and become 

13293 the property of the nation. 

13294 Article 30, The Choctaw and Chickasaw Nations will 

13295 receive into their respective districts, east of the ninety-eighth 

13296 degree of west longitude, in the proportion of one-fourth iu the 

13297 Chickasaw and three-fourths in the Choctaw Nation, civilized 

13298 Indians from the tribes known by the general name of the Kan- 

13299 sas Indians, being Indians to the north of the Indian Territory, 

13300 not exceeding ten thousand in number, who shall have in the 

13301 Choctaw and Chickasaw Nations, respectively, the same rights 

13302 as the Choctaws and Chickasaws, of whom they shall be the 

13303 fellow-citizens, governed by the same laws and enjoying the 

13304 same privileges, with the exception of the right to participate 

13305 in the Choctaw and Chickasaw annuities and other moneys, and 

13306 in the public domain, should the same, or the proceeds thereof, 

13307 be divided per capita among said Choctaws and Chickasaws, and 

13308 among others the right to select land as herein provided for 

13309 Choctaws and Chickasaws, after the expiration of the ninety 

13310 days during which the selections of la;nd are to be made, as 

13311 aforesaid, by said Choctaws and Chickasaws ; and the Choctaw 

13312 and Chickasaw Nations pledge themselves to treat the said 

13313 Kansas Indians in all respects with kindness and forbearance, 

13314 aiding them in good faith to establish themselves in their new 

13315 homes, and to respect all their customs and usages not incon- 

13316 sistent with the constitution and laws of the Choctaw and Chick- 

13317 asaw Nations respectively. In making selections after the ad- 

13318 vent of the Indians and the actual occupancy of land in said 

13319 nation, such occupancy shall have the same effect in their behalf 

13320 as^the occupancies of Choctaws and Chickasaws ; and after the 

13321 said Choctaws and Chickasaws have made their selections as 

13322 aforesaid, the said persons of African descent mentioned in the 
] 3323 third article of the treaty shall make their selections as therein 

13324 provided, in the event of the making of the laws, rules, and 

13325 regulations aforesaid, after the expiration of ninety days from 

13326 the date at which the Kansas Indians are to make their selec- 

13327 tions as therein provided, and the actual occupancy of such 

13328 persons of African descent shall have the same effect in their 

13329 behalf as the occupancies of the Choctaws and Chickasaws. 

13330 Akticle 31. And whereas some time must necessarily 

13331 elapse before the surveys, maps, and selections herein provided 

13332 for can be completed so as to permit the said Kansas Indians to 



299 

13333 make their selectious iu their order, during which time the 

13334 United States may desire to remove the said Indians from their 

13335 present abiding places, it is hereby agreed that the said Indians 

13336 may at once come into the Choctaw and Chickasaw Nations, 

13337 settling themselves temporarily as citizens of the said nations, 

13338 respectively, upon such land as suits them and is not already 

13339 occupied. 

13340 Article 32. At the expiration of two years, or sooner, if 

13341 the President of the United States shall so direct, from the com- 

13342 pletiou of the surveys and maps aforesaid, the officers of the 

13343 land-offices aforesaid shall deliver to the executive departments 

13344 of the Choctaw and Chickasaw Nations, respectively, all such 

13345 documents as may be necessary to elucidate the land-title as 

13346 settled according to this treaty, and forward copies thereof, with 

13347 the field-notes, records, and other papers pertaining to said 

13348 titles, to the Commissioner of the General Land-Office -, and there- 

13349 after grants of laud and patents therefor shall be issued in such 

13350 manner as the legislative authorities of said nations may pro- 

13351 vide for all the unselected portions of the Choctaw and Chickasaw 

13352 districts as defined by the treaty of June twenty-second, eighteen 

13353 hundred and fifty-five. 

13354 Article 33. All lands selected as herein provided shall 

13355 thereafter be held in severalty by the respective parties, and the 

13356 unselected land shall be the common property of the Choctaw 

13357 and Chickasaw Nations, in their corporate capacities, subject to 

13358 the joint control of their legislative authorities. 

13359 Article 34. Should any Choctaw or Chickasaw be pre- 

13360 vented from selecting for him or herself during the the ninety 

13361 days aforesaid, the failure to do so shall not authorize another 

13362 to select the quarter-section containing his improvement, but he 

13363 may at any time make his selection thereof, subject to having 

13364 his boundaries made to conform to legal divisions as aforesaid. 

13365 Article 35. Should the selections aforesaid not be made 

13366 before the transfer of the land records to the executive authori- 

13367 ties of said nations, respectively, they shall be made according 

13368 to such regulations as the legislative authorities of the two 

13369 nations, respectively, may prescribe, to the end that full justice 

13370 and equity may be done to the citizens of the respective territo- 

13371 ries. 

13372 Article 36. Should any land that has been selected under 

13373 the provisions of this treaty be abandoned and left uncultivated 

13374 for the space of seven years by the party selecting the same, 

13375 or his heirs, except in the case of infants under the age of 

13376 twenty-one years, or married women, or persons non compos 

13377 mentis, the legislative authorities of the nation where such land 

13378 lies may either rent the same for the benefit of those interested. 



300 

13379 or dispose of the same otherwise for their benefit, aad may pass 

13380 all laws necessary to give effect to this provision. 

13381 Article 37. In consideration of the right of selection here- 

13382 inbefore accorded to certain Indians other than the Choctaws 

13383 and Chickasaws, the United States agree to pay to the Choctaw 

13384 and Chickasaw Nations, out of the funds of Indians removing 

13385 into said nations respectively, under the provisions of this treaty^ 

13386 such sum as may be fixed by the legislatures of said nations, 

13387 not exceeding one dollar per acre, to be divided between the said 

13388 nations in the proportion of one-fourth to the Chickasaw Nation 

13389 and three-fourths to the Choctaw Nation, with the understand. 

13390 ing that at the expiration of twelve months the actual number 

13391 of said immigrating Indians shall be ascertained, and the amount 

13392 paid that may be actually due at the rate aforesaid; and should 

13393 still further immigrations take place from among said Kansas 

13394 Indians, still further payments shall be made accordingly from 

13395 time to time. 

13396 Article 38. Every white person who, having married a 

13397 Choctaw or Chickasaw, resides in the said Choctaw or Chicka- 

13398 saw Nation, or who has been adopted by the legislative author- 

13399 ities, is to be deemed a member of said nation, and shall be 

13400 subject to the laws of the Choctaw and Chickasaw Nations 

13401 according to his domicile, and to prosecution and trial before 

13402 their tribunals, and to punishment according to their laws in all 

13403 respects as though he was a native Choctaw or Chickasaw. 

13404 Article 39. No person shall expose goods or other articles 

13405 for sale as a trader without a permit of the legislative authorities 

13406 of the nation he may propose to trade in ; but no license shall be 

13407 required to authorize any member of the Choctaw or Chickasaw 

13408 Nations to trade in the Choctaw or Chickasaw country who is 

13409 authorized by the proper authority of the nation, nor to authorize 

13410 Choctaws or Chickasaws to sell flour, meal, meat,, fruit, and 

13411 other provisions, stock, wagons, agricultural implements, or tools 

13412 brought from the United States into the said country. 

13413 Article 40. All restrictions contained in any treaty here- 

13414 tofore made, or in any regulation of the United States upon the 

13415 sale or other disposition of personal chattel property by Choc- 

13416 taws or Chickasaws are hereby removed. 

13417 Article 41. All persons who are members of the Choctaw 

13418 or Chickasaw Nations, and are not otherwise disqualified or dis- 

13419 abled, shall hereafter be competent witnesses in all civil and 

13420 criminal suits and pj'oceedings in any courts of the United 

13421 States, any law to the contrary notwithstanding. 

13422 Article 42. The Choctaw and Chickasaw Nations shall 

13423 deliver up i^ersons accused of crimes against the United States 

13424 who may be found within their respective limits, on the requisi- 



301 

13425 tion of the governor of any State, for a crime committed against 

13426 the laws of said State, and upon the requisition of the judge of 

13427 the district court of the United States for the district within 

13428 which the crime was committed. 

13429 Article 43. The United States promise and agree that no 

13430 white person, except ofQcers, agents, and employes of the Gov- 

13431 erument, and of any internal improvement company, or persons 

13432 travelling through, or temporarily sojourning in, the said nations, 

13433 or either of them, shall be permitted to go into said Territory, 

13434 unless formally incorporated and naturalized by the joint action 

13435 of the authorities of both nations into one of the said nations 

13436 of Choctaws and Chickasaws, according to their laws, customs, 

13437 or usages ; but this article is not to be construed to affect parties 

13438 heretofore adopted, or to prevent the employment temporarily 

13439 of white persons who are teachers, mechauics,j)r skilled in agri- 

13440 culture, or to prevent the legislative authorities of the respective 

13441 nations from authorizing such works of internal improvement 

13442 as they may deem essential to the welfare and prosperity of the 

13443 community, or be taken to interfere with or invalidate any action 

13444 which has heretofore been had in this connection by either of 

13445 the said nations. 

13446 Article 44. Post-oiflces shall be established and main- 

13447 tained by the United States at convenient places in the Choctaw 

13448 and Chickasaw Nations, to and from which the mails shall be 

13449 carried at reasonable intervals, at the rates of postage prevail- 

13450 ing in the United States. 

13451 Article 45. All the rights, privileges, and immunities 

13452 heretofore possessed bj' said nations or individuals thereof, or to 

13453 which they were entitled under the treaties and legislation here- 

13454 tofore made and had in connection with them, shall be, and are 

13455 hereby declared to be, in full force, so far as they are consistent 

13456 with the provisions of this treaty. 

13457 Article 46. Of the moneys stipulated to be paid to the 

13458 Choctaws and Chickasaws under this treaty for the cession of 

13459 the leased district, and the admission of the Kansas Indians 

13460 among them, the sum of one hundred and fifty thousand dollars 

13461 shall be advanced and paid to the Choctaws, and fifty thousand 

13462 dollars to the Chickasaws, through their respective treasurers, 

13463 as soon as practicable after the ratification of this treaty, to be 

13464 repaid out of said moneys or any other moneys of said nations 

13465 in the hands of the United States; the residue, not affected by 

13466 any provision of this treaty, to remain in the Treasury of the 

13467 United States at an annual interest of five per cent., no part of 

13468 which shall be paid out as annuity, but shall be annually paid 

13469 to the treasurer of said nations, respectively, to be regularly and 

13470 judiciously applied, under the direction of their respective legis- 



302 

13471 lative councils, to the support of their government, the purposes 

13472 of education, and such other objects as may be best calculated 

13473 to promote and advance the welfare and happiness of said na- 

13474 tions and their people respectively. 

13475 Article 47. As soon as practicable after the lands shall 

13476 have been surveyed and assigned to the Choctaws and Ohicka- 

13477 saws in severalty, as herein provided, upon application of their 

13478 respective legislative councils, and with the assent of the Pres- 

13479 ident of the United States, all the annuities and funds invested 

13480 and held in trust by the United States for the benefit of said 

13481 nations respectively shall be capitalized or converted into money, 

13482 as the case may be ; and the aggregate amounts thereof belong- 

13483 ing to each nation shall be equally divided and paid per capita 

13484 to the individuals thereof respectively, to aid and assist them 

13485 in improving their homesteads and increasing or acquiring flocks 

13486 and herds, and thus encourage them to make proper efforts to 

13487 maintain successfully the new relations which the holding of 

13488 their lands in severalty will involve : Provided, nevertheless, That 

13489 there shall be retained by the United States such sum as the 

13490 President shall deem sufficient of the said moneys to be invested, 

13491 that the interest thereon may be sufficient to defray the ex- 

13492 i)enses of the government of said nations respectively, together 

13493 with a judicious system of education, until these objects can be 

13494 provided for by a proper system of taxation ; and whenever 

13495 this shall be done to the satisfaction of the President of the 

13496 United States, the moneys so retained shall be divided in the 

13497 manner .and for the purpose above mentioned. 

13498 Article 48. Immediately after the ratification of this treaty 

13499 there shall be paid, out of the funds of the Choctaws and Ohick- 

13500 asaws in the hands of the United States, twenty-five thousand dol- 

13501 lars to the Choctaw and twenty -five thousand dollars to the Chick. 

13502 asaw commissioners, to enable them to discharge obligations in- 

13503 curred by them for various incidental and other expenses to which 

13504 they have been subjected, and for which they are now indebted. 
13605 Article 49. And it is further agreed that a commission, 

13506 to consist of a person or persons to be appointed by the Presi- 

13507 dent of the United States, not exceeding thtee; shall be ap- 

13508 pointed immediately on the ratification of this treaty, who shall 

13509 take into consideration and determine the claim of such Choc- 

13510 taws and Chickasaws as allege that they have been driven during 

13511 the late rebellion from their homes iu the Choctaw [and Chick- 

13512 asaw] Nations on account of their adhesion to the United States, 

13513 for damages, with power to make such award as may be con- 

13514 sistent with equity and good conscience, taking into view all 

13515 circumstances, whose report, when ratified by the Secretary of 

13516 the Interior, shall be final, and authorize the payment of the 



303 

13517 amount from a,ny moneys of said nations in the Lauds of the 

13518 United States as the said commission may award. 

13519 Article 50. Whereas Joseph G.Heald and Reuben Wright, 

13520 of Massachusetts, were licensed traders in the Choctaw country 

13521 at the commencement of the rebellion, and claim to have sus- 

13522 tained large losses on account of said rebellion, by thre use of 

13523 their property by said nation, and that large sums of money 

13524 are due them for goods and property taken, or sold to the mem- 

13525 bers of said nation, and money advanced to said nation ; and 

13526 whereas other loyal citizens of the United States may have 

13527 just claims of the same character : It is hereby agreed and stip- 

13528 ulated that the commission provided for in the preceding arti- 

13529 c|e shall investigate said claims, and fully examine the same; 

13530 and such sum or sums of money as shall by the report of said 

13531 commission, approved by the Secretary of the Interior, be found 

13532 due to such persons, not exceeding ninety thousand dollars, 

13533 shall be paid by the United States to the persons entitled 

13534 thereto, out of any money belonging to said nation in the pos- 

13535 session of the United States : Provided, That no claim for goods 
1353G or property of any kind shall be allowed or paid, in whole or 

13537 part, which shall have been used by said nation or any member 

13538 thereof in aid of the rebellion, with the consent of said claim- 

13539 ants : Provided also, That if the aggregate of said claims thus 

13540 allowed and approved shall exceed said sum of ninety thousand 

13541 dollars, then that sum shall be applied pro rata in payment of the 

13542 claims so allowed. 

13543 AuTiCLE 51. It is further agreed that all treaties and 

13544 parts of treaties inconsistent herewith be, and the same are 

13545 hereby, declared null and void. 
1354G Proclaimed July 10, 1866. 



13547 COMANOHES AND WICHETAWS. 



13548 Treaty icith the Comanche and Witchetaic Indians and their asso- 

13549 dated bands. 

13550 For the purpose of establishing and perpetuating peace and 

13551 friendship between the United States of America and the Co- 

13552 manche and Witchetaw Nations, and their associated bands or 

13553 tribes of Indians, and between these nations or tribes and the 

13554 Cherokee, Muscogee, Choctaw, Osage, Seneca, and Quapaw 

13555 Nations or tribes of Indians, the President of the United States 

13556 has, to accomplish this desirable object, and to aid therein, ap- 

13557 pointed Governor M. Stokes, M. Arbuckle, brigdi.-genl. United 

13558 States Army, and P. W. Armstrong, acting superintendent 



304 

13559 Western Territory, commissioners on the part of the United 

13560 States; and the said Governor M. Stokes, and M. Arbuckle, 

13561 brigdi.-genl. United States Army, -with the chiefs and repre- 

13562 sentatives of the Cherokee, Muscogee, Choctaw, Osage, Seneca, 

13563 and Quapaw Nations or tribes of Indians, have met the chiefs, 

13564 warriors, and representatives of the tribes first above named at 

13565 Camp Holmes, on the eastern border of the Grand Prairie, near 

13566 the Canadian Eiver, in the Muscogee Nation, and, after full delib- 

13567 eration, the said nations or tribes have agreed with the United 

13568 States, and with one another, upon the following articles : 

13569 Article 1. There shall be perpetual peace and friendship 

13570 between ail the citizens of the United States of America and 

13571 all the individuals composing the Comanche and Witchetaw 

13572 Nations and their associated bands or tribes of Indians, and be- 

13573 tween these nations or tribes and the Cherokee, Mnscogee, Choc- 

13574 taw, Osage, Seneca, and Quapaw Nations or tribes of Indians. 

13575 Article 2. Every injury or act of hostility by one or either 

13576 of the contracting parties on the other, shall be mutually for- 

13577 given and forever forgot. 

13578 Article 3. There shall be a free and friendly intercourse be- 

13579 tween all the contracting parties hereto, and it is distinctly un- 

13580 derstood and agreed by the Comanche and Witchetaw Nations 

13581 and their associated bands or tribes of Indians, that the citizens 

13582 of the United States are freely permitted to pass and repass 

13583 through their settlements or hunting-ground without molesta- 

13584 tion or injury on their way to any of the provinces of the re- 

13585 public of Mexico, or returning therefrom, and that each of the 

13586 nations or tribes named in this article further agree to pay the 

13587 full value for any injury their people may do to the goods' or 

13588 property of the citizens of the United States taken or destroyed, 

13589 when peaceably passing through the country they inhabit, or 

13590 hunt in, or elsewhere. .And the United States hereby guaranty 

13591 to any Indian or Indians of either of the said Comanche or 

13592 Witchetaw Nations, and their associated bands or tribes of In- 

13593 dians, a full indemnification for any horses or other property 

13594 which may be stolon from them : Provided, That the property 

13595 so stolen cannot be recovered, and that sufBcient proof is pro- 

13596 duced that it was actually stolen by a citizen of the United 

13597 States, and within the limits thereof. 

13598 Article 4. It is understood and agreed by all the nations 

13599 or tribes of Indians parties to this treaty, that each and all of 

13600 the said nations or tribes have free permission to hunt and trap 

13601 in the Great Prairie west of the Cross Timber, to the western 

13602 limits of the United States. 

13603 Article 5. The Comanche and Witchetaw Nations and their 

13604 associated bands or tribes of Indians, severally agree and bind 



305 

13605 themselves to pay full value for any injury their people may do 

13606 to the goods or other property of such traders as the President 

13607 of the United States may place near to their settlements or hunt- 

13608 ing-ground for the purpose of trading with them. 

13609 Article 6. The Comanche and Witchetaw Nations and 

13610 their associated bands or tribes of Indians agree that, in the 

13611 event any of the red people belonging to the nations or tribes 

13612 residing south of the Missouri Eiver and west of the State of 

13613 Missouri, not parties to this treaty, should visit their towns or 

13614 be found on their hunting-ground, that they will treat them with 

13615 kindness and friendship and do no injury to them in any way 

13616 whatever. 

13617 Article 7. Should any difficulty hereafter unfortunately 

13618 arise between any of the nations or tribes of Indians parties here-. 

13619 unto, in consequence of murder, the stealing of horses, cattle, or 

13620 other cause, it is agreed that the other tribes shall interpose their 

13621 good offtces to remove such difficulties, and also that the Grovern- 

13622 ment of the United States may take such measures as they may 

13623 deem proper to effect the same object, and see that full justice is 

13624 done to the injured party. 

13625 Article 8. It is agreed by the commissioners of the United 
33626 States, that in consequence of the Comanche and Witchetaw 

13627 Nations and their associated bands or tribes of Indians having 

13628 freely and willingly entered into this treaty, and it being the 

13629 first they have made with the United States or any of the con- 

13630 tracting parties, that they shall receive presents immediately 

13631 after signing, as a donation from the United States; nothing 

13632 being asked from these nations or tribes in return, except to 

13633 remain at peace with the partes hereto, which their own good 

13634 and that of their posterity require. 

13635 Article 9. The Comanche and Witchetaw Nations and 

13636 their associated bands or tribes of Indians agree, that their en- 

13637 tering into this treaty shall in no respect interrupt their friendly 

13638 relations with the republic of Mexico, where they all frequently 

13639 hunt and the Comanche Nation principally inhabit ; and it is 

13640 distinctly understood that the Government of the United States 

13641 desire that perfect peace shall exist between the nations or 

13642 tribes named in this article and the said republic. 

13643 Article 10. This treaty shall be obligatory on the nations 

13644 or tribes parties hereto from and after the date hereof, and on 

13645 the United States from and after its ratification by the Govern- 

13646 ment thereof. 

13647 Proclaimed May 19, 1836. 

39 I t 



306 

X3648 COMANCHES, lONIS, ANADAOAS, CADOES, &c. 

13649 Treaty with the Gomanches and other tribes. Articles of a treaty 

13650 made and concluded at Council Springs, in the county of Rob- 

13651 inson, Texas, near the Brazos River, this 15th day of May, 

13652 A. B. 1846, between P. M. Butler and M. G. Lewis, commis- 

13653 sioners on the part of the United States, of the one part, and 

13654 the undersigned chiefs, counsellors, and warriors of tJie 

13655 Comanche, l-on-i, Ana-da-ca, Cadoe, Lepan, Long-wha, Keechy, 

13656 Tah-wa-carro, Wi-chita, and Wacoe tribes of Indians, and 

13657 their associate bands, in behalf of their said tribes, on the 

13658 other part. 

13659 Abticlb 1. The undersigned chiefs, warriors, and counsel- 

13660 lors, for themselves and their said tribes or nations, do hereby 

13661 acknowledge themselves to "be under the protection of the United 

13662 States, and of no other power, state, or sovereignty whatever. 

13663 Article 2, It is stipulated and agreed by the said tribes or 

13664 nations, and their associate bands, that the United States shall 

13665 have the sole and exclusive right of regulating trade and inter- 

13666 course with them, and they do hereby respectively engage to af- 

13667 ford protection to such persons, with their property, as shall be 

13668 duly licensed to reside among them for the purpose of trade and 

13669 intercourse, and to their agents and servants, but no person shall 

13670 be permitted to reside among them as a trader who is not 

13671 furnished with a license for that purpose, under the hand and 

13672 seal of the superintendent to be appointed by the President of 

13673 the United States or such other person as the President shall an- 

13674 thorize to grant such licenses, to the end that said Indians may 

13675 not be imposed on in their trade; and if any licensed trader 

13676 shall abuse his privilege by unfair dealing, upon complaint by 

13677 the chiefs to their agents and proof thereof, his license shall be 

13678 taken from him, and he shall be further punished according to 

13679 the laws of the United States ; and if any person shall intrude 

13680 himself as a trader without such license, upon complaint he shall 

13681 be dealt with according to law. 

13682 Article 3. Stricken out. 

13683 Article 4. The said tribes and their associate bands agree 

13684 to deliver, by the first day of November next, to the superintend- 

13685 ent of Indian affairs to be appointed by the President, at such 

13686 place as he may direct, due notice of which shall be given to the 

13687 said tribes, all white persons and negroes who are now prisoners 

13688 among any of the said tribes or nations, for which the United 

13689 States agree to make to them a fair compensation ; and the 

13690 United States further agree to make [thatj all the prisoners taken 



§07 

13691 from said tribes by Texas or the United States, shall be deliv- 

13692 ered up to the said tribes, at the same time and place, -without 

13693 charge. And when any member of any of said tribes or nations, 

13694 and their associate bands, having in his possession an Ameri- 

13695 can prisoner or prisoners, -white or black, shall refuse to give 

13696 them up, the President of the United States shall have the privi- 

13697 lege of sending among said tribes or nations such force as he 

13698 may think necessary to take them ; and the chiefs of the nations 

13699 or tribes, parties to this treaty, pledge tliemselves to give pre 

13700 tection and assistance to such persons as may be sent among 

13701 them for this purpose. 

13702 Article 5. Stricken out. 

13703 Aeticle 6. The said tribes and their associate bands pledge 

13704 themselves to give notice to the agent of the United States re- 

13705 siding near them of any designs which they may know or sus- 

13706 pect to [bej formed in any neighboring tribe, or by any per- 

13707 son whatever, against the peace and interests of the United 

13708 States. 

13709 Article 7. It is agreed that, if any Indian or Indians shall 

13710 commit a murder or robbery on any citizen of the United States^ 

13711 the tribe or nation to which the oflender belongs sball deliver 

13712 up the person or persons so complained of, on complaint being 

13713 made to their chief, to the nearest post of the United States, to 

13714 the end that he or they may be tried, and if found guilty, pun- 

13715 ished, according to the law of the State or Territory where such 

13716 offence may have been committed. In like manner, if any sub- 

13717 ject or citizen of the United States shall commit murder or rob- 

13718 bery on any Indian or Indians of the said tribes or nations, upon 

13719 complaint thereof to the agent residing near them, he or they 

13720 shall be arrested, tried, and punished according to the law of 

13721 the State or Territory where such offence may have been com- 

13722 mitted. 

13723 Article 8. The practice of stealing horses has prevailed 

13724 very much to the great disquiet of the citizens of the United 

13725 States, and, if persisted in, cannot fail to involve both the United 
13720 States and the Indians in endless strife. It is therefore agreed 

13727 that it shall be put an entire stop to on both sides. Neverthe- 

13728 less, should bad men, in defiance of this agreement, continue to 

13729 make depredations of that nature, the person convicted thereof 
■ 13730 shall be punished with the utmost severity, according to the 

13731 laws of the State or Territory where the offence may have been 

13732 committed ; and all horses so stolen, either by the Indians from 

13733 the citizens of the United States or by the citizens of the United 

13734 States from any of the said tribes or nations, into whose posses- 

13735 sion soever they may have passed, upon due proof of rightful 

13736 ownership, shall be restored ; and the chiefs of said tribes or 



308 

13737 nations shall give all necessary aid and protection to citizens of 

13738 the United States in reclaiming and recovering sach stolen 

13739 horses ; and the civil magistrates of the United States, respect- 

13740 ively, shall give all necessary aid and protection to Indians in 

13741 claiming and recovering such stolen horses. 

13742 Aeticle 9. For the protection of said Indians and for the 

13743 purpose of carrying out the stipulations of this treaty more 

13744 effectually, the President shall, at his discretion, locate upon 

13745 their borders trading-houses, agencies, and posts. In considera- 

13746 tion of the friendly disposition of said tribes, evidenced by the 

13747 stipulations in the present treaty, the commissioners of the 

13748 United States, in behalf of the said States, agree to give to the 

13749 said tribes or nations goods, as presents, at this time, and agree 

13750 to give presents in goods to them, to the amount of ten thousand 

13751 dollars, at such time as the President of the United States may 

13752 think proper, [a) at the Council Springs, on the Brazos, where 

13753 this council is now held, or at some other point to be designated, 

13754 and of which due notice shall be given to said tribes. 

13755 Article 10. The said tribes or nations and their associate 

13756 bands are now, and forever agree to remain, at peace with the 

13757 United States. .All animosities ' for past offences are hereby 

13758 mutually ft)rgjven,.and forgotten, and the parties to this treaty 

13759 pledge themselves to carry it into full execution, in good faith 

13760 and sincerity. 

13761 Article 11. And the said tribes and their associate bands 

13762 are now, and agree to remain, friendly With such tribes as are 

13763 now at peace with the United States, residing upon the waters 

13764 of the Arkansas, Missouri, and Eed Eivers. 

13765 Article 12. If any person or persons shall introduce ardent 

13766 spirits or intoxicating liquors of any kind among said tribes or 

13767 nations, such person or person [persons] shall be punished ac- 

13768 cording to the laws of the United States, and the said tribes or 

13769 nations agree to give immediate notice to the agent of the 

13770 United States residing near them, and to prevent by any means 

13771 in their power the violation of this article of treaty. 

13772 Article 13. It is further agreed that blacksmiths shall be 

13773 sent to reside among the said tribes or nations, to keep their 

13774 guns and farming-utensils in order, as long and in such manner 

13775 as the President may think proper. It is further agreed that 

13776 school-teachers, at the discretion of the President, shall be sent 

13777 among the said tribes or nations for the purpose of instructing 

13778 them J and the said tribes or nations agree that preachers of the 

13779 gospel may travel or reside among them by permission of the 

13780 President or his agents to be appointed, and that ample protec- 

13781 tion shall be afforded them in the discharge of their duties. 

13782 Article 14. The said tribes or nations, parties to this treaty, 



309 

13783 are anxious to be at peace with all other tribes or nations, and 

13784 it is agreed that the President shall use his exertions, in such 

13785 manner as he may think proper, to preserve friendly relations 

13786 between the different tribes or nations parties to this treaty, 

13787 and all other tribes of Indians under his jurisdiction. 

13788 Proclaimed March 8, 1847. 



13789 COMANCHES, KIOWAS, AND APACHES. 

13790 FranMin Pierce, President of the United States of America, to all 

13791 and singular to whom these presents shall come, greeting : 

13792 Whereas a treaty was made and concluded at Fort Atkin- 

13793 son, on the twenty-seventh day of July, A. D. one thousand 

13794 eight hundred and fifty-three, between the United States of 

13795 America, by Thomas Pitzpatrick, Indian agent, and sole com- 

13796 missioner duly appointed for that purpose, and the chiefs and 

13797 head-men of the Camanche, Kiowa, and Apache tribes or nations 

13798 of Indians, which treaty is in the words following, to wit : 

13799 Articles of a treaty, made and concluded at Fort Atkinson, in 

13800 the Indian Territory, of the United States of America, on 

13801 the 27th daj' of July, anno Domini eighteen hundred and 

13802 lifty-three, between the United States of America, by 

13803 Thomas Fitzpatrick, Indian agent, and sole commissioner, 

13804 duly appointed for that purpose, and the Camanche, and 

13805 Kiowa, and Apache tribes or nations of Indians, inhabiting 

13806 the said Territory south of the Arkansas Eiver. 

13807 Akticle 1. Peace, friendship, and amity shall hereafter 

13808 exist between the United States and the Camanche, and Kiowa, 

13809 and Apache tribes of Indians, parties to this treaty, and the 

13810 same shall be perpetual. 

13811 Article 2. The Camanche, Kiowa, and Apache tribes of 

13812 Indians do hereby jointly and severally covenant that peaceful 

13813 relations shall likewise be maintained amongst themselves in 

13814 future ; and that they will abstain from all hostilities whatsoever 

13815 against each other, and cultivate mutual good-will and friend- 

13816 ship. 

13817 Article 3. The aforesaid Indian tribes do also hereby 

13818 fully recognize and acknowledge the right of the United States 

13819 to lay off and mark out roads or highways, to make reserva- 

13820 tions of land necessary thereto, to locate depots, and to estab- 

13821 lish military and other posts within the territories inhabited by 

13822 the said tribes; and also to prescribe and enforce, in such man- 

13823 ner as the President or the Congress of the United States shall 

13824 from time to time direct, rules and regulations to protect the 

13825 rights of persons and property among the said Indian tribes. 



310 

13826 Article 4. The Camanche, Kiowa, and Apache tribes^ 

13827 parties as before recited, do further agree and bind themselves 

13828 to make restitution or satisfaction for any injuries done by any 

13829 band or any individuals of their respective tribes to the people 

13830 of the United States who may be lawfully residing in or passing 

13831 through their said teri'itories ; and to abstain hereafter from 

13832 levying contributions from, or molesting them in any manner; 

13833 and, so far as may be in their power, to render assistance to 

13834 such as need relief, and to facilitate their safe passage. 

13835 Article 5. The Oamanche, and Kiowa, and Apache tribes 

13836 of Indians, parties to this treaty, do hereby solemnly covenant 

13837 and agree to refrain in future from warlike incursions into the 

13838 Mexican provinces, and from all depredations upon the inhab- 

13839 itants thereof ; and they do likewise bind themselves to restore 

13840 all captives that may hereafter be taken by any of the bands, 

13841 war-parties, or individuals of the said several tribes, from the 

13842 Mexican provinces aforesaid, and to make proper and just com- 

13843 pensation for any wrongs that may be inflicted upon the people 

13844 thereof by them, either to the United States or to the Eepublic 

13845 of Mexico, as the President of the United States may direct and 

13846 require. 

13847 Article 6. In consideration of the foregoing agreements 

13848 on the part of the Camanche, and Kiowa, and Apache tribes, 

13849 parties to this treaty, of the losses which they may sustain by 

13850 reason of the travel of the people of the United States through 

13851 their territories, and for the better support, and the improve- 

13852 ment of the social condition of the said tribes, the United 

13853 States do bind themselves, and by these presents stipulate to 

13854 deliver to the Camanche, Kiowa, and Apache tribes aforesaid, 

13855 the sum of eighteen thousand dollars per annum, for and during 

13856 the term of ten years next ensuing from this date, and for the 

13857 additional term of five years, if, in the opinioii of the Presideiit 

13858 of the United States, such extension shall be advisable ; the 

13859 same to be given to them in goods, merchandise, provisions, or 

13860 agricultural implements, or in such shape as may be best 

13861 adapted to their wants, and as tlie President of the United 

13862 States may designate, and to be distributed amongst the said 

13863 several tribes in jiroportion to the respective numbers of each 

13864 tribe. 

13865 Article 7. The United States do moreover bind themselves, 

13866 in consideration of the covenants contained in the preceding 

13867 articles of this treaty, to protect and defend the Indian tribes, 

13868 parties hereto, against the committal of any depredations upon 

13869 them, and in their territories, by the people of the United 

13870 States, for and during the term for which this treaty shall be in 



311 

13871 force, and to compensate them for any injuries that may result 

13872 therefrom. 

13873 Aeticlb 8. It is also stipulated and provided, by and be- 

13874 tween the parties to this treaty, that should any of the Indian 

13875 tribes aforesaid violate any of the conditions, provisions, or 

13876 agreements herein contained, or fail to perform any of the obli- 

13877 gations entered into on their part, then the United States may 

13878 withhold the whole or a part of the annuities mentioned in the 

13879 sixth article of this treaty, from the tribe so offending, until, in 

13880 the opinion of the President or the Congress of the United States, 

13881 proper satisfaction shall have been made, or s until persons 

13882 amongst the said Indians offending against the laws of the 

13883 United States shall have been delivered up to justice. 

13884 Article 9. It is also consented to and determined between 

13885 the parties hereto, that the annuities to be given on the part of 

13886 the United States, as provided in the sixth article of this treaty, 

13887 shall be delivered to the said Indian tribes collectively, at or in 

13888 the vicinity of Beaver Creek, yearly, during the month of July 

13889 in each year, until some other time and place shall have been 

13890 designated by the President of the United States, in which 

13891 event the said Indian tribes shall have due notice thereof, and 

13892 the place of distribution which may be selected shall always be 

13893 some point within the territories occupied by the said tribes. 

13894 Article 10. It is agreed between the United States and 

13895 the Gamanche, Kiowa, and Apache tribes of Indians, that 

13896 should it at any time hereafter be considered by the United 

13897 States as a proper policy to establish farms among and for the 

13898 benefit of said Indians, it shall be discretionary with the Presi- 

13899 dent, by and with the advice and consent of the Senate, to 

13900 change the annuities herein provided for, or any part thereof, 

13901 into a fund for that purpose. 

13902 In witness whereof, the said Thomas Pitzpatrick, Indian 

13903 agent, and sole commissioner on the part of the United States, 

13904 and the undersigned chiefs and head-men of the Gamanche, and 

13905 Kiowa, and Apache tribes or nations, have hereunto set their 

13906 hands, at Fort Atkinson, in the Indian Territory of the United 

13907 States, this twenty-seventh day of July, A. D. eighteen hundred 

13908 and fifty-three. 

13909 Proclaimed 12th February, 1854. 



312 

13910 Treaty between the United States of America and the Kiowa, Go- 

13911 manche, and Apache tribes of Indians; concluded October 

13912 21, 1867 ; ratification advised July 25, 1868. 

13913 Andrew Johnson, President of the United States of America, 

13914 to all and singular to whom these presents shall come, 

13915 greeting: 

13916 Whereas a treaty was made and concluded at the Council 

13917 Gamp, on Medicine Lodge Creek, seventy miles south of Port 

13918 Larned, in the State of Kansas, on the twenty-first day of Octo- 

13919 ber, in the year of our Lord one thousand eight hundred and 

13920 sixty-seven, by and between N. G. Taylor, Brevet Major-Gen- 

13921 eral William S. Harney, Brevet Major-General C. C. Augur, Bre- 

13922 vet Major-General Alfred H. Terry, John B. Sanborn, Sam- 

13923 uel F. Tappan, and J. B. Henderson, commissioners, on the 

13924 part of the United States, and Satanka, (Sitting Bear,) 

13925 Sa-Tan-Ta, (White Bear,) Parry-Wah-Say-Men, (Ten Bears,) 

13926 Tep-Pe-Navon, (Painted Lips,) Mah-Vip-Pah, (Wolf's Sleeve,) 

13927 Kon Zhon-Ta-Co, (Poor Bear,) and other chiefs and head- 

13928 men of the Kiowa, Comanche, and Apache tribes of Indians, 

13929 on the part of said Indians, and duly authorized thereto 

13930 by them, which treaty is in the words and figures following, 

13931 to wit : 

13932 Articles of a treaty concluded at the Council Camp on Medicine 

13933 Lodge Creek, seventy miles south of Fort Larned, in the 

13934 State of Kansas, on the twenty-first day of October, eighteen 

13935 hundred and sixty-seven, by and between the United States 

13936 of America, represented by its commissioners duly ap- 

13937 pointed thereto, to wit: Nathaniel G. Taylor, William S. 

13938 Harney, C. C. Augur, Alfred S. |H.| Terry, John B. San- 

13939 born, Samuel F. Tappan, and J. B. Henderson, of the one 

13940 part, and the Kiowa, Comanche, and Apache Indians, rep- 

13941 resented by their chiefs and head-men duly authorized and 

13942 empowered to act for the body of the people of said tribes, 

13943 (the names of said chiefs and head-men being hereto sub- 

13944 scribed,) of the other part, witness : 

13945 Whereas, on the twenty-first day of October, eighteen huu- . 

13946 dred and sixty-seven, a treaty of peace was made and entered 

13947 into at the Council Camp, on Medicine Lodge Creek, seventy 

13948 miles south of Fort Larned, in the State of Kansas, by and 

13949 between the United States of America, by its commissioners, 

13950 Nathaniel G. Taylor, William S. Harney, C. C. Augur, Alfred 

13951 H. Terry, John B. Sanborn, Samuel F. Tappan, and J. B. Hen- 

13952 derson, of the one part, and the Kiowa and Comanche tribes of 

13953 Indians, of the Upper Arkansas, by and through their chiefs and 

13954 head-men, whose names are subscribed thereto, of the other 



313 

13955 part, reference being had to said treaty : and whereas, since the 

13956 making and signing of said treaty, at a council held at said 

13957 camp on this day, the chiefs and head-men of the Apache Nation 

13958 or tribe of Indians express to the commissioners on the part of 

13959 the United States, as aforesaid, a wish to be confederated with 

13960 the said Kiowa and Comanche tribes, and to be placed in every 

13961 respect upon an equal footing with said tribes; and whereas, at 

13962 a council held at the same place and on the same day, with the 

13963 chiefs and head-men of the said Kiowa and Comanche tribes 

13964 they consent to the confederation of said Apache tribe, as de- 

13965 sired by it, upon the terms and conditions hereinafter set forth 

13966 in this supplementary treaty : ISTow, therefore, it is hereby stip- 

13967 ulated and agreed, by and between the aforesaid commissioners 

13968 on the part of the United States and the chiefs and head-men 

13969 of the Kiowa and Comanche tribes, and also the chiefs and head- 

13970 .men of t]je said Apache tribe, as follows, to wit: 

13971 Article 1. The said Apache tribe of Indians agree to 

13972 confederate and become incorporated with the said Kiowa and 

13973 Comanche Indians, and to accept as their permanent home the 

13974 reservation described in the aforesaid treaty with said Kiowa 

13975 and Comanche tribes, concluded as aforesaid at this place, and 

13976 they pledge themselves to make no permanent settlement at 

13977 any i^lace nor on any lands outside of said reservation. 

13978 Article 2. The Kiowa and Comanche tribes. On their part, 

13979 agree that all the benefits and advantages arising from the em- 

13980 ployment of physicians, teachers, carpenters, millers, engineers, 

13981 farmers, and blacksmiths, agreed to be furnished under the pro- 

13982 visions of their said treaty, together with all the advantages to 

13983 be derived from the construction of agency buildings, ware- 

13984 houses, mills, and other structures, and also from ..the establish- 

13985 ment of schools upon their said reservation, shall be jointly and 

13986 equally shared and enjoyed by the said Apache Indians, as 

13987 though they had been originally a part of said tribes; and they 

13988 further agree that all other benefits arising from said treaty shall 

13989 be jointly and equally shared as aforesaid. 

13990 Article 3. The United States, on its part, agrees that 

13991 clothing and other articles named iu Article X of said original 

13992 treaty, together with all money or other annuities agreed to be 

13993 furnished under any of the provisions of said treaty, to the Kio- 

13994 was and Comanches, shall be shared equally by the Apaches. 

13995 In all cases where specific articles of clothing are agreed to be 

13996 furnished to the Kiowas and Comanches, similar articles shall 

13997 be furnished to the Apaches, and a separate census of the 

13998 Apaches shall be annually taken and returned by the agent, as 

13999 provided for the other tribes. And the United States further 

14000 agrees, in consideration of the incorporation of the said Apaches, 

40 IT 



314 

14001 to increase the aunual appropriation of money, as provided for 

14002 in Article X of said treaty, from twenty-five thousand to thirty 

14003 thousand dollars ; and the latter amount shall be annually ap- 

14004 propriated, for the period therein named, for the use and benefit 

14005 of said three tribes, confederated as herein declared ; and the 

14006 clothing and other annuities, which may from time to time be 

14007 furnished to the Apaches, shall be based upon the census of the 

14008 three tribes, annually to be taken by the agent, and shall be 

14009 separately marked, forwarded, and delivered to them at the 

14010 agency hOnse, to be built under the provisions of said original 

14011 treaty. 

14012 Article 4. In consideration of the advantages conferred 

14013 by this supplementary treaty upon the Apache tribe of Indians, 

14014 they agree to observe and faithfully comply with all the stipula- 

14015 tions and agreements entered into by the Kiowas and Comanches 

14016 in said original treaty. They agree, in the san^p manner, to keep 

14017 the peace toward the whites and all other persons under the ju- 

14018 risdiction of the United States, and to do and perform all other 

14019 things enjoined upon said tribes by the provisions of said treaty ; 

14020 and they hereby give up and forever relinquish to the United 

14021 States all rights, privileges, and grants now vested in them, or 

14022 intended to be transferred to them by the treaty between the 

14023 United States and the Cheyenne and Arapahoe tribes of Indians, 

14024 concluded at the camp on the Little Arkansas Eiver, in the State 

14025 of Kansas, on the fourteenth day of October, one thousand eight 
1402G hundred and sixty-five, and also by the supplementary treaty, 

14027 concluded at the same place on the seventeenth day of the same 

14028 month, between the United States, of the one part, and the 

14029 Cheyenne, Arapahoe, and Apache tribes, of the other part. 

14030 Proclaimed August 25, 1858. 



14031 CAMANCHBS AND KIOWAS. 

14032 Treaty between the United States of America and the Gamanche 

14033 and Kiowa tribes of Indians, concluded October 18, 1865 ; 

14034 ratification advised May 22, 1866. 

r 

14035 Andrew Johnson, President of the United States of America, 

14036 to all and singular to whom these presents shall come, 

14037 greeting : 

14038 Whereas a treaty was made and concluded at the council- 

14039 ground on the Little Arkansas Eiver, in the State of Kansas, on 

14040 the eighteenth day of October, in the year of our Lord one 

14041 thousand eight hundred and sixty-five, by and between John B. 



315 

14042 Sanborn, William S. Harney, Kit Oarson, William W. Bent, James 

14043 Steele, Thomas Murphy, and J. H. Leavenworth, commissioners, 

14044 onthepartof the United States, andTab-e-nan-i-ka;h, (EisingSun,) 

14045 Esh-e-tave-pa-rah, (Female Infant,) and other chiefs and head- 

14046 men, on the part of the Oamanche bands of Indians, and Queil- 

14047 park, (Lone Wolf,) Wah-toh-konk, (Black Eagle,) and other 

14048 chiefs and head-men, on the part of the Kiowa tribe of Indians, 

14049 all of which chiefs and head-men were duly authorized thereto 

14050 by their respective bands and tribes, which treaty is in the words 

14051 and figures following, to wit : 

14052 Articles of a treaty made and concluded at the council-ground 

14053 on the Little Arkansas Eiver, eight miles from the mouth 

14054 of said river, in the State of Kansas, on the eighteenth day 

14055 of October, in the year of onr Lord one thousand eight 
1405C hundred and sixty-five, by and between John B. Sanborn, 

14057 William S. Harney, Thomas Miirphy, Kit Carson, William 

14058 W. Bent, Jesse H, Leavenworth, and James Steele, com- 

14059 missioners on the part of the United States, and the under- 

14060 signed chiefs and head-men of the several bands of Oamanche 

14061 Indians specified in connection with their signatures, and 

14062 the chiefs and head-men of the Kiowa tribe of Indians, the 

14063 said chiefs and head-men by the said bands and tribes being 

14064 thereunto duly authorized. 

14065 Article 1. It is agreed by the parties to this treaty that 
34066 hereafter perpetual peace: shall be maintained between the peo- 

14067 pie and Government of the United States and the Indians 

14068 parties hereto, and that the Indians parties hereto shall forever 

14069 remain at peace with each other and with all other Indians who 

14070 sustain friendly relations with the Government of the United 

14071 States. 

14072 For the purpose of enforcing the provisions of this article, 

14073 it is agreed that in case hostile acts or depredations are com- 

14074 mitted by the people of the United States, or by the Indians on 

14075 friendly terms with the United States, against the tribe or tribes 

14076 or the individual members of the tribe or tribes who are parties 

14077 to this treaty, such hostile acts or depredations shall not be re- 

14078 dressed by a resort to arms, but the party or parties aggrieved 

14079 shall submit their complaints, through their agent, to the Pres- 

14080 ident of the United States, and thereupon an impartial arbitra- 

14081 tion shall be had under his direction, and the award thus made 

14082 shall be binding on all parties interested, and the Government 

14083 of the United States will in good faith enforce the same. 

14084 And the Indians parties hereto, on their part, in case crimes 

14085 or other violations of law shall be committed by any person or 

14086 persons members of their tribe, such person or persons shall, 

14087 upon complaint being made in writing to their agent, superin- 



316 

14088 teudent of Indian aifairs, or to other proper authority, by the 

14089 party injured, and verified by affidavit, be delivered to the per- 

14090 son duly authorized to take such person or persons into custody, 

14091 to the end that such person or persons maybe punished accord- 

14092 ing to the laws of the United States. 

14093 AUTICLE 2. The United States hereby agree that the dis- 

14094 trict of country embraced within the following limits, or such 

14095 portion of the same as may hereafter from time to time be desig- 

14096 nated by the President of the United States for that purpose, 

14097 viz, commencing at the northeast corner of New Mexico, thence 

14098 south to the southeast corner of the same, thence northeast- 

14099 wardly to a point on main Eed Eiver opposite the mouth of the 

14100 North Fork of said river, thence down said river to the 98th degree. 

14101 of west longitude, thence due north on said meridian to the Cima- 

14102 rone river, thence up said river to a point where the same crosses 

14103 the southern boundary of the State of Kansas, thence along said 

14104 southern boundary of Kansas to the southwest corner of said 

14105 State, thence west to the place of beginning, shall be, and is hereby, 

14106 set apart for the absolute and undisturbed use and occupation of 

14107 the tribes who are parties to this treaty, and of such other 

14108 friendly tribes as have heretofore resided within said limits, or 

14109 as they may from time to time agree to admit among them, and 

14110 that no white person except officers, agents, and employes of 

14111 the Government shall go upon or settle within the country em- 

14112 braced within said limits, unless formally admitted aud iucor- 

14113 porated into some one of the tribes lawfully residing there, ac- 

14114 (Wording to its laws and usages. The Indians parties hereto on- 

14115 their part expressly agree to remove to aud accept as their per- 

14116 manent home the country embraced within said limits, whenever 

14117 directed so to do by the President of the United States, in 

14118 accordance with the provisions of this treaty, and that they will 

14119 not go from said country for hunting purposes without the con- 

14120 sent in writing of their agent or other authorized person, speci- 

14121 fying the purpose for which such leave is granted, and such 

14122 written consent in all cases shall be borne with them upon their 

14123 excursions, as evidence that they are rightfully away from their 

14124 reservation, and shall be respected by all officers, employes, and 

14125 citizens of the United States, as their sufficient safeguard and 

14126 protection against injury or damage in person or property, by 

14127 any and all persons whomsoever. It is further agreed by the lu- 

14128 dians parties hereto, that when absent from their reservation, 

14129 they will refrain from the commission of any depredations or in- 

14130 juries to the person or property of all persons sustaining friendly 

14131 relations with the Government of the United States; that they 

14132 will not while so absent encamp, by day or night, within ten 

14133 miles of any of the main travelled routes or roads through the 



317 

1.4134 country to which they go, or of the military posts, towns, or vil- 

14135 lages therein, without the consent of the commanders of such 

14136 military posts, or of the civil authorities of such towns or villages, 

14137 and that henceforth they will, and do hereby, relinquish all claims 

14138 or rights in and to any portion of the United States or territo- 

14139 lies, except such as is embraced within the limits aforesaid, and 

14140 more especially their claims and rights in and to the country 

14141 north of the Cimarone Eiver, and west of the eastern boundary 

14142 of New Mexico. 

14143 Article 3. It is farther agreed that until the Indians par- 

14144 ties hereto have removed to the reservation provided for by the 

14145 preceding article, in pursuance of the stipulations thereof, said 

14146 Indians shall be, and they are hereby, expressly permitted to reside 

14147 upon and range at pleasure throughout the unsettled portions of 

14148 that part of the country they claim as originally theirs, which lies 

14149 south of the Arkansas Eiver, as well as the country embraced 

14150 within the limits of the reservation provided for by the preceding 

14151 article, and that they shall and will not go elsewhere, except upon 

14152 the terms and conditions prescribed by the preceding article in rela- 

14153 tion to leaving said reservation: Provided, That the provisions 

14154 of the preceding article in regard to encamping within ten miles 

14155 of main travelled routes, military posts, towns, and villages, 

14156 shall be in full force as to the privileges granted by this article : 

14157 And provided furtlier, That they, the said Indians, shall and will 

14158 at all times, and without delay, report to the commander of the 

14159 nearest military post the presence in, or approach to, said 

14160 country of any hostile band or bands of Indians whatever. 

14161 AuTiCLE 4. It is further agreed by the parties hereto that 

14162 the United States may lay off and build through the reservation, 

14163 provided for by Article 2 of this treaty, roads or highways as 

14164 may be deemed necessary, and may also establish such military 

14165 posts within the same as may be found necessary, in order to 

14166 preserve peace among the Indians, and in order to en- 

14167 force such laws, rules, and regulations as are now or may from 

14168 time to time be prescribed by the President and Congress of the 

14169 United States for the protection of the rights of persons and 

14170 property among the Indians residing upon said reservation ; and 

14171 further, that in time of war such other military posts as may be 
' 14172 considered essential to the general interests of the United States 

14173 may be established : Provided, however, That upon the building 

14174 of such roads, or establishment of such military posts, the 

14175 amount of injury sustained by reason thereof by the Indians in- 

14176 habiting said reservation shall be ascertained under direction of 

14177 the President of the United States, and thereupon such com- 

14178 pensation shall be made to said Indians as, in the judgment of 



318 

14179 the Congress of the United States, may be deemed just and 

14180 proper. 

14181 Article 5. Superseded by Article 10 of treaty of October 21, 

14182 1867, page 322. 

14183 Article 6. The Indians parties to this treaty expressly 

14184 covenant and agree that they will use their utmost endeavors 

14185 "to induce that portion of the respective tribes not now present 

14186 to unite with them'and accede to the provisions of this treaty, 

14187 which union and accession shall be evidenced and made binding 

14188 on all parties whenever such absentees shall have participated 

14189 in the beneficial provisions of this treaty. 

14190 Proclaimed May 26, 186& 

14191 Treaty between the United States of America and the Kiowa and 

14192 Comanche tribes of Indians, concluded October 21, 1867; 

14193 ratification advised July 25, l^QS; proclaimed August 25, 

14194 1868. 

14195 Andrew Johnson, President of the United States of America, 

14196 to all and singular to whom these presents shall come, 

14197 greeting : 

14198 [Note by the Department op State. — The words of this 

14199 treaty which are put in brackets with an asterisk are written in 

14200 the original with black pencil, the rest of the original treaty 

14201 being written with black ink.] 

14202 Whereas a treaty was made and concluded at the Council 

14203 Camp, on Medicine Lodge Creek, seventy miles south of Port 

14204 Larned, in the State of Kansae, on the twenty-first day of Oc- 

14205 tober, in the year of our Lord one thousand eight hundred and 

14206 sixty-seven, by and between N. G-. Taylor, Brevet Major-General 
14^07 William S. Harney, Brevet Major-General C. C. Augur, Brevet 

14208 Major-General Alfred H. Terry, John B. Sanborn, Samuel P. 

14209 Tappan, and J. B. Henderson, commissioners on the part of the 

14210 United States, and Satank, (Sitting Bear,) Sa-Tan-Ta, (White 

14211 Bear,) Pa.rry-Wah-Say-Men, (Ten Bears,) and Tep-Pe-Navon, 

14212 (Painted Lips,) and other chiefs and head-men of the Kiowa and 

14213 Comanche tribes of Indians, on the part of said Indians, and 

14214 duly authorized thereto by them, which treaty is in the words 

14215 and figures following, to wit : 

14216 Articles of a treaty and agreement made and entered into at the 

14217 Council Camp, on MedicineLodge Creek, seventy milessouth 

14218 of Fort Larned, in the State of Kansas, on the twenty-first 

14219 day of October, one thousand eight hundred and sixty- 

14220 seven, by and between the United States of America, repre- 

14221 sen ted by its commissioners duly appointed thereto, to wit,, 



319 

14222 jSTathaniel G. Taylor, William S. Harney, C. 0. Augur, 

14223 Alfred S. [H.] Terry, John B. Sanborn, Samuel F. Tappan, 

14224 and J. B. Henderson, of the one part, and the confederated 

14225 tribes of Kiowa and Gomanche Indians, represented by 

14226 their chiefs and head-men, duly authorized and empowered 

14227 to act for the body of the people of said tribes, (the. names 

14228 of said chiefs and head-men being hereto subscribed,) of the 

14229 other part, witness : 

14230 Aeticlb 1. From this day forward all war between the 

14231 parties to this agreement shall forever cease. 

14232 The Government of the United States desires peace, and 

14233 its honor is here pledged to keep it. The Indians desire peace, 

14234 and they now pledge their honor to maintain it. If bad men 

14235 among the whites, or among other people subject to the 

14236 authority of the TJuited States, shall commit any wrong upon 

14237 the person or property of the Indians, the United States will,, 

14238 upon proof made to the agent and forwarded to the Commis- 

14239 sioner of Indian Affairs at Washington City, proceed at once to 

14240 cause the offender to be arrested and punished according to the 

14241 laws of the United States, and also re-imburse the injured person 

14242 for the loss sustained. 

14243 If bad men among the Indians shall commit a wrong or 

14244 depredation upon the person or property of any one, white, 

14245 black, or Indians, subject to the authority of the United States 

14246 and at peace therewith, the tribes herein named solemnly agree 

14247 that they will, on proof made to their agent and notice by him, 

14248 deliver up the wrong-doer to the United States, to be tried and 

14249 punished according to its laws, and in case they wilfully refuse 

14250 so to do, the person injured shall be reimbursed for his loss from 

14251 the annuities or other moneys due or to become due to them 

14252 under this or other treaties made with the United States. And 

14253 the President, on advising with the Commissioner of Indian 

14254 Affairs, shall prescribe such rules and regulations for ascertain- 

14255 ing damages under the provisions of this article as, in his judg- 

14256 ment, may be proper; but no such damages shall be adjusted 

14257 and paid until thoroughly examined and passed upon by the 

14258 Commissioner of Indian Affairs and the Secretary of the Inte- 

14259 rior ; and no one sustaining loss, while violating or because of 

14260 his violating the provisions of this treaty or the laws of the 

14261 United States, shall be re-imbursed therefor. 

14262 Aeticle 2. The United States agrees that [the*] following 

14263 district of country, to wit: commencing at a point where the 

14264 Washita Elver crosses the 98th meridian west from Greenwich ; 

14265 thence up the Washita Eiver, in the middle of the main channel 

14266 thereof, to a point thirty miles, by river, west of Fort Cobb, as 

14267 now established ; thence due west to the north fork of Eed 



320 

14268 Eiver, provided said line strikes said river east of the one hiia- 

14269 dredth meridian of west longitude ; if not, then only to said 

14270 meridian-line, and thence south, on said meridian-line, to the 

14271 said north fork of Eed Eiver ; thence down said north fork, in 

14272 the middle of the main channel thereof, from the point where it 

14273 . may be first intersected by the lines above described, to the 

14274 main Eed Eiver ; thence down said river, in the middle of the 

14275 main channel thereof, to its intersection with the ninety-eighth 

14276 meridian of longitude west from Greenwich ; thence north, on 

14277 said meridian-line, to the place of beginning, shall be, and the 

14278 same is hereby, set apart for the absolute and undisturbed use 

14279 and occupation of the tribes herein named, and for such other 

14280 friendly tribes or individual Indians as, from time to time, they 

14281 may be willing [with the consent of the United States*] to admit 

14282 among them ; and the United States now solemnly agrees that 

14283 no persons except those herein authorized so to do, and except 

14284 such officers, agents, and employ<§s of the Government as maybe 

14285 authorized to enter upon Indian reservation in discharge of 

14286 duties enjoined by law, shall ever be permitted to pass over, settle 

14287 ujion, or reside in the territory described in this article, or in 

14288 such territory as may be added to this reservation, for the use 

14289 of said Indians. 

14290 Article 3. If it should appear from actual survey or other 

14291 satisfactory examination of said tract of land that it contains 

14292 less than one hundred and sixty acres of tillable land for each 

14293 person who, at the time, may bo authorized to reside on it under 

14294 the provisions of this treaty, and a very considerable number of 

14295 such persons shall be disposed to commence cultivating the soil 

14296 as farmers, the United States agrees to set apart for the use of 

14297 said Indians, as herein provided, such additional quantity of 

14298 arable land adjoining to said reservation, or as near the same 

14299 as it can be obtained, as may be required to provide the neces- 

14300 sary amount. 

14301 Article 4. The United States agrees, at its own proper ex- 

14302 pense, to construct, at some place near the centre of said reser- 

14303 vation, where timber and water may be convenient, the foUow- 

14304 ing buildings, to wit : A warehouse or store-room for the use of 

14305 the agent, in storing goods belonging to the Indians, to cost not 

14306 exceeding fifteen hundred dollars ; an agency-building for the 

14307 residence of the agent, to cost not exceeding three thousand 

14308 dollars ; a residence for the physician, to cost not more than three 

14309 thousand dollars ; and five other buildings, for a carpenter, 

14310 farmer, blacksmith, miller, and engineer, each to cost not ex- 

14311 ceeding two thousand dollars ; also a school-house or mission- 

14312 building, so soon as a sufficient number of children can be in- 



321 

14313 duced by the agent to attend schoolj which shall not cost exceed- 

14314 ing. five thousand dollars. 

14315 The United States agrees further to cause to be erected on 

14316 said reservation, near the other buildings herein authorized, a 

14317 good steam circular-saw mill, with a grist-mill and shingle-ma- 

14318 chine attached ; the same to cost not exceeding eight thousand 

14319 dollars. 

14320 Article 5. The United States agrees that the agent for , the 

14321 said Indians in the future shall make his home at the agency- 

14322 building; that he shall reside among them, and keep an office 

14323 open at all times, for the purpose of prompt and diligent inquiry 

14324 into such matters of complaint by and against the Indians as 

14325 may be presented for investigation under the provisions of their 

14326 treaty stipulations, as also for the faithful discharge of other 

14327 duties enjoined on him by law. In all cases of depredation on 

14328 person or property, he shall cause the evidence to be taken in 

14329 writing and forwarded, together with his findings, to the Com- 

14330 missioner of Indian Affairs, whose decision, subject to the re- 

14331 vision of the Secretary of the Interior, shall be binding on the 

14332 parties to this treaty. 

14333 Akticle 6. If any individual belonging to said tribes 

14334 of Indians, or legally incorporated with them, being the 

14335 head of a family, shall desire to commence farming, he 

14336 shall have the, privilege to select, in the presence and 

14337 with the assistance of the agent then in charge, a tract of 

14338 land within said reservation, not exceeding three hundred 

14339 and twenty acres in extent, which tract, when so selected, 

14340 certified, and recorded in the "land book" as herein directed, 

14341 shall cease to be held in common, but the same may be occupied 

14342 and held in the exclusive possession of the person selecting it, 

14343 and of his family, so long as he or they may continue to cultivate 

14344 it. Any person over eighteen years of age, not being the head 

14345 of a family, may in like manner select and cause to be certified 

14346 to him or her, for purposes of cultivation, a quantity of land not 

14347 exceeding eighty acres in extent, and thereupon be entitled to 

14348 the exclusive possession of the same, as above directed. For 

14349 each tract of land so selected a certiflcate, containing a descrip- 

14350 tion thereof and the name of the person selecting it, with a cer- 

14351 tificate indorsed thereon that the same has been recorded, shall 

14352 be delivered to the party entitled to it, by the agent, after the 

14353 same shall have been recorded by him in a book to be kept in 

14354 his office, subject to inspection, which said book shall be known 

14355 as the " Kiowa and ^Comanche land book." The President 
143oQ may at any time order a survey of the reservation, and, when 

14357 so surveyed. Congress shall provide for protecting the rights of 

14358 settlers in their improvements, and may fix the character of the 

41 I T 



322 

14359 title hold by each. The United States may pass stich laws oti 

14360 the subject of alienation and descent of property and on all sub- 

14361 jects connected with the government of the said Indians on said 

14362 reservations, atid the internal police thereof, as may be thought 

14363 proper. 

14364 Article 7. In order to insure the civilization of the tribes 

14365 entering into this treaty, the necessity of education is admit- 

14366 ted, especially by such of them as are or may be settled on said 

14367 agricultural reservations ; and they therefore pledge themseilves 

14368 to compel their children, male and female, between the ages of 

14369 Six and sixteen years, to attend school ; and it is hereby made 

14370 the duty of the agent for said Indians to see that this stipula- 

14371 tion is strictly complied with ; and the United States agrees 

14372 that for every thirty children between said ages, who can be in- 

14373 duced or compelled to attend school, a house shall be provided, 

14374 and a teacher competent to teach the elementary branches of an 

14375 English education shall be furnished, who will reside among 

14376 said Indians, and faithfully discharge his or her duties as a 

14377 teacher. The provisions of this article to continue for not less 

14378 than twenty years. 

14379 Article 8. When the head of a family or lodge shall have 

14380 selected lands and received his certificate as above directed, and 

14381 the agent shall be satisfied that he intends in good faith to 

14382 commence cultivating the soil for a living, he shall be entitled 

14383 to receive seeds and agricultural implements for the first year, 

14384 not exceeding in value one hundred dollars, and for each suc- 

14385 ceeding year he shall continue to farm, for a period' of three 

14386 years more, he shall be entitled to receive seeds and implements 

14387 as aforesaid not exceeding in value twenty-five dollars. And 

14388 it is further stipulated that such persons as commence farriiing 

14389 shall receive instruction from the farmer herein provided for, and 

14390 whenever more than one hundred persons shall enter upon the 

14391 cultivation of the soil, a second blacksmith shall be provided, 

14392 together with such iron, steel, and other material as may be 

14393 needed. 

14394 Article 9. At any time after ten years from the making of 

14395 this treaty the United States shall have the privilege of with- 

14396 drawing the physician, farmer, blacksmiths, carpenter, engineer, 

14397 and miller herein provided for; but, in case of such withdrawal, 

14398 an additional sum thereafter of ten thousand dollars per annum 

14399 shall be devoted to the education of said Indians, and the Oom- 

14400 uiissioner of Indian Affairs shall, upon careful inquiry into the 

14401 condition of said Indians, make such riileis and regulations for 

14402 the expenditure of said sum as will best promote the educatipnal 

14403 and moral improvement of said tribes. 

14404 Article 10. In lieu of all sums of money or other annul- 



323 

14405 ties provided to be paid to the ladians hereiu named, under the 

144Q6 tre^aty of October eighteenth, one thousand eight hundred and 

14407 sixty-five, "made at the mouth of the " Little Arkansas," and 

14408 under all treaties made previous thereto, the United States 

14409 agrees to deliver at the agency-house on the reservation herein 

14410 named, on the fifteenth day of October of each year, for thirty 

14411 years, the following articles, to wit: 

14412 For each male person over fourteen years of age, a suit of 

14413 good substantial woollen clothing, consisting of coat, pantaloons, 

14414 flannel shirt, hat, and a pair of home-made socks. For each 

14415 female over twelve years of age, a flannel skirt, or the goods 

14416 necessary to make it, a pair of woollen hose, and twelve yards of 

14417 calico, and twelve yards of " domestic." 

14418 For the boys and girls under the ages named, such flannel 

14419 and cotton goods as may be needed, to make each a suit as afore- 

14420 said, together with a pair of woollen hose for each; and in order 

14421 that the Commissioner of Indian Affairs may be able to estimate 

14422 properly for the articles herein named, it shall be the duty of 

14423 the agent, each year, to forward him a full and exact census of 

14424 the Indians on which the estimates from year to year can be 

14425 based; and, in addition to the clothing herein named, the sum 

14426 ,of twenty-five thousand dollars shall be annually appropriated 

14427 for a period of thirty years, to be used by the Secretary x)f the 

14428 Interior in the purchase of such articles, upon the recommenda- 

14429 tion of the Commissioner of Indian Affairs, as from time to time 

14430 the condition and necessities of the Indians may indicate to be 

14431 • proper; and if at any time within the thirty years it shall appear 
14^32 that the amount of money needed for clothing under this article 

14433 can be appropriated to better uses for the tribes herein named, 

14434 Congress may by law change the appropriation to other purposes, 

14435 but in no event shall the amount of this appropriation- be with- 

14436 drawn or discontinued for the period named; and the President 

14437 shall annually detail an officer of the Army to be present and 

14438 attest the delivery of all the goods herein named to the Indians, 

14439 and he shall inspect and report on the quantity and quality of 

14440 the goods and the manner of their delivery. 

14441 Ajbticle 11. In consideration of the advantages and ben- 

14442 efits conferred by this treaty, and the many pledges of friend- 

14443 ship by the United States, the tribes who are parties to this 

14444 agreement hereby stipulate that they will relinquish all right to 

14445 occupy permanently the territory outside of their reservation, 

14446 as herein defined, but they yet reserve the right to hunt on any 

14447 lands south of the Arkansas fEiver,*] so long as the buffalo may 

14448 ra,nge thereon in such numbers as to justify the chase, [and no 

14449 white settlements shall be permitted on any part of the lands 

14450 contained in the old reservation, as defined by the treaty made 



324 

14451 between the United States and the Cheyenne, Arapahoe, and 

14452 Apache tribes of Indians at the month of the Little Arkansas, 

14453 under date of October fourteenth, one thousand eight hundred 

14454 and sixty-five, within three years from this date ;*] and they, 

14455 [the said tribes,*] further expressly agree — 

14456 1st. That they will withdraw all opposition to the construc- 

14457 tion of the railroad now being built on the Smoky Hill Eiver, 

14458 whether it be built to Colorado or Kew Mexico. 

14459 2d. That they will permit the peaceable construction of any 

14460 railroad not passing over their reservation as herein defined. 

14461 3d. That they will not attack any persons at home, nor trav- 

14462 elling, nor molest or disturb any wagon- trains, coaches, mules, 

14463 or cattle belonging to the people of the United States, or to per- 

14464 sons friendly therewith. 

14465 4th. They will never captnre or carry off from the settle- 

14466 ments white women or children. 

14467 6th. They will never kill nor scalp white men, nor attempt 

14468 to do them harm. 

14469 6th. They withdraw aU pretence of opposition to the con- 

14470 structionof the railroad now being built along the Platte Eiver 

14471 and westward to the Pacific Ocean ; and they will not, in future, 

14472 object to the construction of railroads, wagon-roads, mail-sta- 

14473 tions, or other works of utility or necessity which may be or- 

14474 dered or permitted by the laws of the United States. But should 

14475 such roads or other works be conS|tructed on the lands of their 

14476 reservation , the Government will pay the tribes whatever amount 

14477 of damage may be assessed by three disinterested commis- 

14478 sioners, to be appointed by the President for that purpose, one 

14479 of said commissioners to be a chief or head-man of the tribes. 

14480 7th. They agree to withdraw all opposition to the military 

14481 posts now established in the western Territories. 

14482 AetiOLB 12. Ko treaty for the cession of any portion or 

14483 part of the reservation herein described, which may be held in 

14484 common, shall be of any validity or force as against the said 

14485 Indians, unless executed and signed by at least three fourths of 

14486 all the adult male Indians occupying the same, and no cession 

14487 by the tribe shall be understood or construed in such manner as 

14488 to deprive, without his consent, any individual member of the 

14489 tribe of his rights to any tract of land selected by him as pro- 

14490 vided in Article III [VI] of this treaty. 

14491 Article 13. The Indian agent, in employing a farmer, 

14492 blacksmith, miller, and other employes herein provided for, 

14493 qualifications being equal, shall give the preference to Indians. 

14494 Article 14. The United States hereby agrees to furnish 

14495 annually to the Indians the physician, teachers, carpenter, mil- 

14496 ler, engineer, farmer, and blacksmiths, as herein contemplated, 



325 

14497 and that such appropriations shall be made from time to time, 

14498 on the estimates of the Secretary of the Interior, as will be suf- 

14499 flcient to employ such persons. 

14500 Article 15. It is agreed that the sum of seven hundred 

14501 and fifty dollars be appropriated for the purpose of building a 

14502 dwelling-house on the reservation for " Tosh-e-wa," (or the Sil- 

14503 ver Brooch,) the Comanche chief who has already commenced 

14504 farming on the said reservation. And the sum of five hundred 

14505 dollars annually, for three years from date, shall be expended in 

14506 presents to the ten persons of said tribes who, in the judgment 

14507 of the agent, may grow the most valuable crops for the period 

14508 named. 

14509 Akticlb 16. The tribes herein named agree, when the 

14510 agency-house and other buildings shall be constructed on the 

14511 reservation named, they will make said reservation their perma- 

14512 nent home, and they wilf make no permanent settlement else- 

14513 where, but they shall have the right to hunt on the lands south 

14514 of the Arkansas Elver, formerly called theirs, in the same man- 

14515 ner, subject to the modifications named in this treaty, as agreed 

14516 on by the treaty of the Little Arkansas, concluded the eight- 

14517 eenth day of October, one thousand eight hundred and sixty-five. 

14518 Proclaimed August 25, 1868. 



14519 OfiOWS. 

14520 For the purpose of perpetuating the friendship which has 

14521 heretofore existed, as also to remove all future cause of discus- 

14522 sion or dissension, as it respects trade and friendship between 

14523 the United States and their citazens and the Crow tribe of 

14524 Indians, the President of the United States of America, by 

14525 Brigadier-General Henry Atkinson, of the United States Army, 

14526 and Major Benjamin O'Fallon, Indian agent, with full powers 

14527 and authority, specially appointed and commissioned for that 

14528 pui-pose, of the one part, and the undersigned chiefs, head-men, 

14529 and warriors of the said Crow tribe of Indians on behalf of their 

14530 tribe, of the other part, have made and entered into the following 

14531 articles and conditions, which, when ratified by the President of 

14532 the United States, by and with the advice and consent of the 

14533 Senate, shall be binding on both parties, to wit : , 

14534 Aeticlb 1. It is admitted by the Ctow tribe of Indians 

14535 that they reside within the territorial limits of the United States, 

14536 acknowledge their supremacy, and claim their protection. The 

14537 said tribe also admit the right of the United States to regulate 

14538 all trade and intercourse with them. 

14539. Article 2. The United States agree to receive the Crow 



32.6 

14540 tribe of Indians into their friendship and under their protection, 

14541 and to extend to them from time to time such benefits and acts 

14542 of kindness as may be convenient, and seem just and proper to 

14543 the President of the United States. 

14544 Aeticle 3, All trade and intercourse with the Crow tribe 

14545 shjall be transacted at such place or places as may be designated 

14546 and pointed out by the President of the United States through 

14547 his agents, and none but American citizens, duly authorized by 

14548 the United States, shall be admitted to trade or hold intercourse 

14549 with said tribe Df Indians. 

14550 Article 4. That the Crow tribe may be accommodated with 

14551 such articles of merchandise, &c., as their necessities may de- 

14552 mand, the United States agree to admit and license traders to 

14553 hold intercourse with said tribe, under mild and equitable regu- 

14554 lations, in consideration of which, the Crow tribe bind themselves 

14555 to extend protection to the persons and the property of the 
14566 traders, and the persons legally employed under them, whilst 

14557 they remain within the limits of their district of country. And 

14558 the said Crow tribe further ag^ree, that if any foreigner or other 

14559 person, not legally authorized by the United States, shall come 

14560 into their district of country, for the purposes of trade or other 

14561 views, they will apprehend such person or persons, and deliver 

14562 him or them to some United States superintendent or agent of 

14563 Indian aifairs, or to the commandant of the nearest military 

14564 post, to be dealt with according to law. And they further agree 

14565 to give safe-conduct to all persons who may be legally authorized 

14566 by the United States to pass through their country, and to pro- 

14567 tect in their persons and property all agents or other persons 

14568 sent by the United States to reside temporarily among them; 

14569 and that they will not, whilst on their distant excursions, molest or 

14570 interrupt any American citizen or citizens, who may be passing 

14571 from the United States to New Mexico, or returning from thence 

14572 to the United States. 

14573 Article 5. That the friendship which is now established 

14574 between the United States and the Crow tribe should not be in- 

14575 terrupted by the misconduct of individuals, it is hereby agreed 

14576 that, for injuries done by individuals, no private revenge or 

14577 retaliation shall take place, but, instead thereof, complaints shall 

14578 be made, by the party injured, to the superintendent or agent 

14579 of Indian affairs, or other person appointed by the President ; 

14580 and it shall be the duty of said chiefs, upon complaint being 

14581 made as aforesaid, to deliver up the person or pesrsons against 

14582 whom the complaint is made, to the end that he or they may be 

14583 punished, agreeably to the laws of the United States. And, in 

14584 like manner, if any robbery, violencej or murder shall be com- 

14585 mitted on any Indian or Indians belonging to the said tribe, the 



327 

14586 person or persons so ofiending shall be tried, and, if found 

14587 guilty, shall be punished in like manner as if the injury had 

14588 been done to a white man. And it is agreed that the chiefs of 

14589 said Crow tribe shall, to the utmost of their power, exert them- 

14590 selves to recover horses or other property which may be stolen 

1 4591 or taken from any citazen or citazens of the United States by any 

14592 individual or individuals of said tribe; and the property so re. 

14593 covered shall be forthwith delivered to the agents or other per- 

14594 son authorized to receive it, that it may be restored to the proper 

14595 owner. And the United States hereby guaranty to any Indian 

14596 or Indians of said tribe a full indemnification for any horses or 

14597 other property which may be stolen from them by any of their 

14598 citazens : Provided, That the property stolen cannot be recov- 

14599 ered, and that sufficient proof is produced that it was actually 

14600 stolen by a citazen of the United States. And the said tribe 

14601 engage, on the requisition or demand of the President of the 

14602 United States, or of the agents, to deliver up any white man 

14603 resident among them. 

14604 Article 6. And the chiefs and warriors, as aforesaid, prom- 

14605 ise and engage that their tribe will never, by sale, exchange, or 

14606 as presents, supply any nation, tribe, or band of Indians, not in 

14607 amity with the United States, with guns, ammunition, or other 

14608 implements of war. 

14609 Proclaimed February 6, 1826. 

14610 Treaty heticeen the United States of America and the Crow tribe of 

14611 Indians; concluded May 7, 1868 ; ratification advised July 25, 

14612 1868. 

14613 Andrew Johnson, President of the United States of America, 

14614 to all and singular to whom these presents shall come, greet- 

14615 ing: 

14616 Whereas a treaty was made and concluded at Port Laramie 

14617 in the Territory of Dakota, on the seventh day of May, in the 

14618 year of our Lord one thousand eight hundred and sixty-eight, by 

14619 and between Lieutenant-General W. T. Sherman^ Brevet Major- 

14620 General William S. Harney, Alfred H. Terry, Brevet Major-Gen- 

14621 eral C. C. Augur, John B. Sanborn, and S. F. Tappan, commis 

14622 sioners on the part of the United States, and Ohe-Ea-Pee-Ish-Ka- 

14623 Te, Chat-Sta-He, and other chiefs and head-men of the Crow tribe 

14624 of Indians, on the part of said Indians, and duly authorized 

14625 thereto by them, which treaty is in the words and figures fol- 

14626 lowing, to wit: 

14627 Articles of a treaty made and concluded at Fort Laramie, Dakota 

14628 Territory, on the seventh day of May, in the year of our Lord 



328. 

14629 one thouSaud eight hundred and sixty-eight, byrand between 

14630 the undersigned commissidners on the part of the United 

14631 States, and the uiidersigned chiefs and head-men of 'and 

14632 representing the Crow Indians, they being duly authorized 

14633 to act in the premises. ( 
H634 Akticle 1. From this day forward peace between the par- 

14635 ties to this treaty shall forever continue. The Government of 

14636 the United States desirec peace, and its honor is hereby pledged 

14637 to keep it. The Indians desire peace, and they hereby pledge 

14638 their honor to maintain it. If bad men among the whites or 

14639 among other people, subject to the authority of the United States, 

14640 shall commit any wrong upon the person or property of the In- 

14641 dians, the United States will, upon proof made to the agent and 

14642 forwarded to the Commissioner of Indian Affairs at Washington 

14643 City, proceed at once to cause the offender to be arrested and 

14644 punished according to. the laws of the United i: tates, and also 

14645 re-imburse the injured person for the loss sustained. 

14646 If bad men among the Indians shall commit a wrong or 

14647 depredation upon the person or property of any one, white, black, 

14648 or Indian, subject to the authority of the United States and at 

14649 peace therewith, the Indians herein named solemnly agree that 

14650 they will, on proof made to their agent and notice by him, deliver 

14651 up the wrong-doer to the United States, to be tried and punished 

14652 according to its laws ; and in case they refuse willfully so to do, 

14653 the person injured shall be re-imbursed for his loss from the 

14654 annuities or other moneys due or to become due to them under 

14655 this or other treaties made with the United States. And the 

14656 President, on advising with the Commissioner of Indian Affairs, 

14657 shall prescribe such rules and regulations for ascertaining dam- 

14658 ages under the provisions of this article as in his judgment may 

14659 be proper. But no such damages shall be adjusted and paid 

14660 until thoroughly examined and f assed upon by the Commissioner 

14661 of Indian Affairs, and no one sustaining loss while violating, or 

14662 because of his violating, the provisions of this treaty or the laws 

14663 of the United States shall be re-imbursed therefor. 

14664 Article 2. The United States agrees that the following 

14665 district of country, to wit: commencing where the 107th degree 

14666 of longitude west of Greenwich crosses the south boundary of 

14667 Montana Territory ; thence north along said 107th meridian to 

14668 the mid-channel of the Yellowstone Eiver ; thence up said mid- 
14669 channel of the Yellowstone to the point where it crosses the 

14670 said southern boundary of Montana, being the 45th degree of 

14671 north latitude; and thence east along said parallel of latitude 

14672 to the place of beginning, shall be, and the same is, set apart 

14673 for the absolute and undisturbed use and occupation of the In- 

14674 dians herein named, and for such other friendly tribes or indi- 



329 

14675 vidual Indians as from to time they may be willing, with the 

14676 consent of the United States, to admit amongst them ; and the 

14677 United States now solemnly agrees that no persons, except 

14678 those herein designated and authorized so to do, and except 

14679 such officers, agents, and employes of the Government as may be 

14680 authorized to enter upon Indian reservations in discharge of 

14681 duties enjoined by law, shall ever be permitted to pass over, 

14682 settle upon, or reside in the territory described in this article 

14683 for the use of said Indians, and henceforth they will, and do 

14684 hereby, relinquish all title, claims, or rights in and to any por- 

14685 tion of the territory of the United States, except such as is e^^ 

14686 braced within the limits aforesaid. . 

14687 Article 3. The United States agrees, at its own proper 

14688 expense, to construct, on the south side of the Yellowstone, near 

14689 Otter Creek, a warehouse or store-room for the use of the agent 

14690 in storing goods belonging to the Indians, to cost not exceeding 

14691 twenty -five hundred dollars; an agency-building for the resi- 

14692 deuce of the agent, to cost not exceeding three thousand dol- 

14693 lars; a residence for the physician, to cost not more than three 

14694 thousand dollars; and five other buildings, for a carpenter, 

14695 farmer, blacksmith, miller, and engineer, each to cost not ex- 

14696 ceeding two thousand dollars ; also a school-house or mission- 

14697 building, so soon as a sufficient number of children can be in- 

14698 duced by the agent to attend, stboo], which shall not ftost ex- 

14699 ceeding twenty-five hundred dollars. 

14700 The United States agrees further to cause to be erected on 

14701 said reservation, near the other buildings herein authorized, a 

14702 good steam circular saw-mill, with a grist-mill and shingle-ma- 

14703 chine attached, the same to cost not exceeding eight thousand 

14704 dollars. 

14705 Article 4. The Indians herein named agree, when the 

14706 agency-house and other buildings shall be constructed on the 

14707 reservation named, they will make said reservation their perma- 

14708 nent home, and they will make no permanent settlement else- 

14709 where, but they shall have the right to hunt on the unoccupied 

14710 lauds of the United States so long as game may be found there- 

14711 on, and as long as peace subsists among the whites and Indians 

14712 on the borders of the hunting districts. 

14713 Article 5. The United States agrees that the agent for 

14714 said Indians shall in the future make his home at the agency- 

14715 building; that he shall reside among them, and keep an office 

14716 open at all times for the purpose of prompt and diligent inquiry 

14717 into such matters of complaint, by and against the Indians, as 

14718 may be presented for investigation under the provisions of their 

14719 treaty stipulations, as also for the faithful discharge of other 

14720 duties enjoined on him by law. In all cases of depredation on 

42 I T 



330 

14721 person or property, he shall cause the evidence to be taken in 

14722 writing, and forwarded, together with his finding, to the Com- 

14723 missioner of Indian Affairs, whose decision shall be binding on 

14724 the parties to this treaty. 

14725 Aeticlb 6. If any individual belonging to said tribes of In- 

14726 dians, or legally incorporated with them, being the head of a 
14726 family, shall desire to commence farming, he shall have the priv- 

14728 ilege to select, in the presence and with the assistance of the 

14729 agent then in charge, a tract of land within said reservation, not 

14730 exceeding three hundred and twenty acres in extent, which tract, 

14731 when so selected, certified, and recorded in the " land book," as 

14732 herein directed, shall cease to be held in common,but the same 

14733 may be occupied and held in the exclusive possession of the per- 

14734 son selecting it, and of his family, so long as he or they may con- 

14735 tinue to cultivate it. 

14736 Any person over eighteen years of age, not being the head 

14737 of a family, may in like manner select and cause to be certified 

14738 ' to him or her, for purposes of cultivation, a quantity of laud not 

14739 exceeding eighty acres in extent, and thereupon be entitled to 

14740 the exclusive possession of the same, as above directed. 

14741 For each tract of land so selected a certificate, containing a 

14742 description thereof and the name of the person selecting it, with 

14743 a certificate endorsed thereon that the same has been recorded, 

14744 shall be delivered to the party entitled to it by the agent, after 

14745 the same shall have been recorded by him in a book to be kept 

14746 inhis office, subject to inspection, which said book shall be known 

14747 as the " Crow land book." 

14748 The President may at any time order a survey of the reser- 

14749 vation, and, when so surveyed. Congress shall provide for pro- 

14750 tecting the rights of settlers in their improvements, and may fix 

14751 the character of the title held by each. The United States may 

14752 pass such laws on the subject of alienation and descent of prop- 

14753 erty as between Indians, and on all subjects connected with the 
14764 government of the Indians on said reservations and the internal 

14755 police thereof, as may be thought proper. 

14756 Aktiole 7. In order to insure the civilization of the tribe 

14757 entering into this treaty, the necessity of education is admitted, 

14758 especially by such of them as are, or maybe, settled on said ag- 

14759 ricultural reservation ; and they therefore pledge themselves 

14760 to compel their children, male and female, between the ages of 

14761 six and sixteen years, to attend school ; and it is hereby made 

14762 the duty of the agent for said Indians to see that this stipula- 

14763 tion is strictly complied with ; and the United States agrees 

14764 that for every thirty children between said ages, who can be iu- 

14765 duced or compelled to attend school, a house shall be provided, 

14766 and a teacher, competent to teach the elementary branches of an 



331 

14767 English education, shall be furnished who will reside among 

14768 said Indians, and faithfully discharge his or her duties as a 

14769 teacher. The provisions of this article to continue for twenty 

14770 years. 

14771 Article 8. When the head of a family or lodge shall have 
14773 selected lands and received his certificate as above directed, and 

14773 the agent shall be satisfied that, he intends in good faith to com- 

14774 mence cultivating the soil for a living, he shall be entitled to 

14775 receive seeds a.nd agricultural implements for the first year in 

14776 value one hundred dollars, and for each succeeding year he shall 

14777 continue to farm, for a period of three years more, he shall be en- 

14778 titled to receive seeds and implements as aforesaid iu value 

14779 tweuty-five dollars per annum. 

14780 And it is further stipulated that such persons as commence 

14781 farming shall receive instructions from the farmer herein pro 

14782 vided for, and whenever more than one hundred persons shall 

14783 enter upon the cultivation of the soil, a second blacksmith shall 

14784 be provided with such iron, steel, and other material as maybe 

14785 required. 

14786 Article 9. In lieu of all sums of money or other annuities 

14787 provided to be paid to the Indians herein named, under any 

14788 and all treaties heretofore made with them, the United States 

14789 agrees to deliver at the agency house, on the reservation herein 

14790 provided for, on .the first day of September of each year for 

14791 thirty years, the following articles, to wit : 

14792 For each male person over fourteen years of age^ a suit of 

14793 good substantial woolen clothing, consisting of coat, hskt, pant- 

14794 aloons, flannel shirt, and a pair of woolen socks. 

14795 For each female, over twelve years of age, a flannel skirtor 

14796 the goods necessary to make it, a pair of woolen hose, twelve 

14797 yards of calico, and twelve yards of cotton domestics. 

14798 For the boys and girls under the ages named, such flannel 

14799 and cotton goods as may be needed to make each a suit as afore- 

14800 said, together with a pair of woollen hose for each. 

14801 And in order that the Commissioner of Indian Affairs may 

14802 be able to estimate properly for the articles herein named, it 

14803 shall be the duty of the agent, each year, to forward to him a 

14804 full and exact census of the Indians, on which the estimate from 

14805 year to year can be based. 

14806 And, in addition to the clothing herein named, the sum of 

14807 ten dollars shall be annually appropriated for each Indian roam- 

14808 ing, and twenty dollars for each Indian engaged in agriculture, 

14809 for a period of ten years, to be used by the Secretary of the Inte 

14810 rior in the purchase of such articles as, from time to time, the 

14811 condition and necessities of the Indians may indicate to be proper ■ 

14812 And if, at any time within the ten years, it shall appear that the 



332 

14813 amount of money needed for clothing, under this article, can be 

14814 appropriated to better uses for the tribe herein named, Congress 

14815 may, by law, change the appropriation to other purposes ; but 

14816 in no event shall the amount of this appropriation be -withdrawn 

14817 or discontinued for the period named. And the President shall 

14818 annually detail an ofQcer of the Army to be present and attest 

14819 the delivery of all the goods herein named to the Indians, and 

14820 he shall inspect and report on the quantity and quality of the 

14821 goods and the manner of their delivery ; and it is expressly stip. 

14822 ulated that each Indian over the age of four years, who shall 

14823 have removed to and settled permanently upon said reservation 

14824 and complied with the stipulations of this treaty, shall be en. 

14825 titled to receive from the United States, for the period of four 

14826 years after he shall have settled upon said reservation, one pound 

14827 of meat and one pound of flour per day, provided the Indians 

14828 cannot farnish their own subsistence at an earlier date. And it 

14829 is further stipulated that the United States will furnish and 

14830 deliver to each lodge of Indians, or family of persons legally in- 

14831 corporated with them, who' shall remove to the reservation herein 

14832 described, and commence farming, one good American cow, and 

14833 one good, well-broken pair of American oxen, within sixty days 

14834 after such lodge or family shall have so settled upon said reserva- 

14835 tion. 

14836 Article 10. The United States hereby agrees to furnish 

14837 annually to the Indians the physician, teachers, carpenter, miller, 

14838 engineer, farmer, and blacksmiths as herein contemplated, and 

14839 that such appropriations shall be made from time to time, on the 

14840 estimates of the Secretary of the Interior, as will be sufiBcient to 

14841 employ such persons. 

14842 Article 11. No treaty for the cession of any portion of the 

14843 reservation herein described, which may be held in common, 

14844 shall be of any force or validity as against the said Indians un- 

14845 less executed and signed by, at least, a majority of all the adult 

14846 male Indians occupying or interested in the same, and no cession 

14847 by the tribe shall be understood or construed in such manner as 

14848 to deprive, without his consent, any individual member of the 

14849 tribe of his right to any tract of land selected by him as providep 

14850 in Article 6 of this treaty. 

14851 Article 12. It is agreed that the sum of Ave hundred dol- 

14852 lars annually, for three years from the. date when they commence 

14853 to cultivate a farm, shall be expended in presents to the ten per- 

14854 sons of said tribe who, in the judgment of the agent, may grow 

14855 the moat valuable crops for the resj)ective year. 

14856 Proclaimed August 12, 1808. 



333 

14857 DBLAWARBS. 

14858 Articles of agreement and confederation made and entered into hy 
.14859 Andrew and Thomas Lewis, esquires, commissioners for and 

14860 in hehalf of the United' States of North America, of the one 

14861 part, and Captain White Eyes, Captain John Kill Biich,jun- 

14862 ior, and Captain Pipe, deputies and chief men of the Delaivare 

14863 Nation, of the other part. 

14864 Article 1. That all oft'ences or acts of hostilities by one 

14865 or either of the contracting parties against the other be matu- 

14866 ally forgiven, and buried in the depth of oblivion, never more 

14867 to be had in remembrance. 

14868 Article 2. That a perpetual peace and friendship shall from 

14869 henceforth take place and subsist between the contracting parties 

14870 aforesaid, through all succeeding generations ; and if either of the 

14871 parties are engaged in a just and necessary war with any other 

14872 nation or nations, that then each shall assist the other in due 

14873 proportion to their abilities, till their enemies are brought to 

14874 reasonable terms of accommodation; and that if either of them 

14875 shall discover any hostile designs forming against the other, 

14876 they shall give the earliest notice thereof, that timeous measures 

14877 may be taken to prevent their ill effect. 

14878 Article 3. And whereas the United States are engaged in 

14879 a just and necessary war, in defence and support of life, liberty, 

14880 and independence, against the King of England and his adher- 

14881 ents, and as said king is yet possessed of several posts and forts 

14882 on the lakes and other i)laces, the reduction of which is of great 

14883 importance to the peace and security of the contracting parties, 

14884 and as the most practicable way for the troops of the United 

14885 States to some of the posts and forts is by passing through the 

14886 country of the Delaware Nation, the aforesaid deputies, on behalf 

14887 of themselves and their nation, do hereby stipulate and agree to 

14888 give a free passage through their country to the troops aforesaid, 

14889 and the same to conduct by the nearest and best ways to the 

14890 posts, forts, or towns of the enemies of the United States, 

14891 affording to said troops such supplies of corn, meat, horses, or 

14892 whatever may be in their power for the accommodation of such 

14893 troops, on the commanding ofQcers, «&c., paying, or engageing to 

14894 pay, the full value of whatever they can supply them with . And 

14895 the said deputies, on the behalf of their nation, engage to join 

14896 the troops of the United States aforesaid, with such a number 

14897 of their best and most expeart warriors as they can spare, con- 

14898 sistent with their own safety, and act in concert with them ; and 

14899 for the better security of the old men, women, and children of 



334 

14900 the aforesaid nation, whilst their warriors are engaged against 

14901 the common enemy, it is agreed on the part. of the United States 

14902 that a fort of sufficient strength and capacity be bnilt at the 

14903 expense of the said States, with such assistance as it may be in 

14904 the power of the said Delaware Nation to give, in the most con- 

14905 venient place and advantageous situation, as shall be agreed on" 

14906 by the commanding officer of the troops aforesaid, with the 

14907 advice and concurrence of the deputies of the aforesaid Delaware 

14908 ISTation, which fort shall be garrisoned by such a number of the 

14909 troops of the United States as the commanding officer can spare 

14910 for the present, and hereafter by such numbers as the wise men 

14911 of the United States in council shall think most conducive to 

14912 the common good. 

14913 Article 4. For the better security of the peace and friend - 

14914 ship now entered into by the contracting parties, against all 

14915 infractions of the same by the citizens of either party, to the pre- 

14916 j Lidice of the other, neither party shall proceed to the infliction 

14917 of punishments on the citizens of the other, otherwise than by 

14918 securing the offender or offenders by imprisonment, or any other 

14919 competent means, till a fair and impartial trial can be had by 

14920 jadges or juries of both x^arties, as near as can be to the laws, 

14921 customs, and usages of the contracting parties and natural jus- 

14922 tice : The mode of such tryals to be hereafter fixed by the wise 
14023 men of the United States in Congress' assembled, with the as- 

14924 sistance of such deputies of the Delaware Nation as may be 

14925 appointed to act in concert with them in adjusting this matter to 

14926 their mutual liking. And it is further agreed between the par- 

14927 ties aforesaid, that neither shall entertain or give countenance 

14928 to the enemies of the other, or protect in their respective states, 

14929 criminal fugitives, servants, or slaves, but the same to apprehend, 

14930 and secure and deliver to the State or States to which such en- 

14931 emies, criminals, servants, or slaves respectively belong. 

14932 Article 5. Whereas the confederation entered into by the 

14933 Delaware Nation and the United States renders the first depend- 

14934 eut on the latter for all the articles of cloathing, utensils, and 

14935 implements of war, and it is judged not only reasonable, but in- 

14936 dispensibly necessary, that the aforesaid nation be supplied 

14937 with such articles from time to time, as far as the United States 

14938 may have it in their power, by a well-regulated trade, under.the 

14939 conduct of an intelligent, candid agent, with an adequate salfery, 

14940 one more influenced by the love of his country, and a constant 

14941 attention to the duties of his department by promoting the com- 

14942 mon interest, than the sinister purjioses of converting and bind- 

14943 ing all the duties of his office to his private emolument : Con- 

14944 vinced of the necessity of such measures, the commissioners of 

14945 the United States, at the earnest solicitation of the deputies 



335 

1494;6 aforesaid, have engaged in behalf of the United States that such 

14947 a trade shall be afforded said nation, conducted on snch prin- 

14948 cipals of mutual interest as the wisdom of the United States in 

14949 Congress assembled shall think most conducive to adopt for their 

14950 mutual convenience. 

14931 Article 6. Whereas the enemies of the United States have 

14952 endeavoured, by every artifice iu their power, to possess the 

14953 Indians in general with an opinion that it is the design of the 
14934 States aforesaid to extirpate the Indians and take possession of 
14933 their country, to obviate such false suggestion, the United States 

14956 do engage to guarantee to the aforesaid nation of Delawares, 

14957 and their heirs, all their ter'itoreal rights iu the fullest and most 

14958 ample manner, as it hath been bounded by former treaties, as 

14959 long as they, the said Delaware Nation, shall abide by and hold 

14960 fast the chain of friendship now entered into. And it is further 

14961 agreed on between the contracting parties, should it for the 

14962 future be found conducive for the mutual interest of both parties 

14963 to invite any other tribes who have been friends to the interest 

14964 of the United States, to join the present confederation, and to 

14965 form a State whereof the Delaware Xation shall be the head, 

14966 and have a representation in Congress : Provided, Jl^othing cou- 

14967 tained in this article to be considered as conclusive until it 

14968 meets with the approbation of Congress. And it is also the in- 

14969 tent and meaning of this article that no protection or counteu- 

14970 ance shall be afforded to any who are at present our enemies, 

14971 by which they might escape the punishment they deserve. 

14972 Concluded September 17, 1778. 



14973 A treaty bettceen the United States of America and the Delaware 

14974 tribe of Indians. 

14975 The Delaware tribe of Indians, finding that the annuity 

14976 which they receive from the United States is not sufficieut to 

14977 supply them with the articles which are necessary for their com- 

14978 fort and convenience, and afford the means of introducing 

14979 amongst them the arts of civilised life, and being convinced 

14980 that the extensiveness of the country they possess, by giving 

14981 an opportunity to their hunting parties to ramble to a great 

14982 distance from their towns, is the principal means of retarding 

14983 this desirable event ; and the United States being desirous to 

14984 connect their settlements on the Wabash with the State of 

14985 Kentucky : therefore the said United States, by William Henry 

14986 Harrison, governor of the Indiana Territory, superintendent of 

14987 Indian affairs, and their commissioner plenipotentiary for treat- 

14988 ing with the Indian tribes northwest of the Ohio Eiver ; and 

14989 the said tribe of Indians, by their sachems, chiefs, and head 



336 

14990 warriors, have agreed to the following articles, which when rat- 

14991 ifled by the President of the United States, by and with the 

14992 advice and consent of the Senate, shall be binding on the said 

14993 parties : 

14994 Aeticle 1, The said Delaware tribe, for the considerations 

14995 hereinafter mentioned, relinquishes to the United States forever 

14996 all their right and title to the tract of country which lies be- 

14997 tween the Ohio and Wabash Rivers, and below the tract ceded 

14998 by the treaty of Port Wayne and the road leading froin Vin- 

14999 cennes to the falls of Ohio. 

15000 Aeticle 2. The said tribe shall receive from the United 

15001 States, for ten years, an additional annuity of three hundred 

15002 dollars, which is to be exclusively appropriated to the purpose 

15003 of ameliorating their condition and promoting their civilization- 

15004 Suitable persons shall be employed at the expence of the United 

15005 States to teach them to make fences, cultivate the earth, and 

15006 such of the domestic arts as are adapted to their situation ; and 

15007 a further sum of three hundred dollars shall be appropriated 

15008 annually for five years to this object. The United States will 

15009 cause to be delivered to them in the course of the next spring 

15010 horses fit for draft, cattle, hogs, and implements of husbandry 

15011 to the amount of four hundred dollars. The preceding stipula- 

15012 tions, together with goods to the amount of eight hundred dol- 

15013 lars, which is now delivered to the said tribe, (a part of which 

15014 is to be appropriated to the satisfying certain individuals of the 

15015 said tribe, whose horses have been taken by white people) is to 

15016 be considered as full compensation for the relinquishment made 

15017 in the first article. 

15018 Aeticle 3. As there is great reason to believe that there 

15019 are now in the possession of the said tribe several horses which 

15020 have been stolen from citizens of the United States, the chiefs 

15021 who represent the said tribe are to use their utmost endeavors 

15022 to have the said horses forthwith delivered to the superintend- 

15023 ent of Indian affairs, or such persons as he may appoint to 

15024 receive them. And as the United States can place the utmost 

15025 reliance on the honour and integrity of those chiefs who have 

15026 manifested a punctilious regard to the engagements entered into 

15027 at the treaty at Grenville, it is agreed that, in relation to such 

15028 of the horses stolen as aforesaid, but which have died or been 

15029 removed beyond the reach of the chiefs, the United States will 

15030 compensate the owners for the loss of them without deducting 

15031 from the annuity of the said tribe the amount of what may be 

15032 paid in this waj'. But it is expressly understood that this pro- 

15033 vision is not to extend to any horses which have been stolen 

15034 within the course of twelve months preceding the date hereof. 

15035 Aeticle 4. The said tribe having exhibited to the above- 



15036 named commissioner of the United States sufficient proof of 

15037 their right to all the country which lies between the Ohio and 

15038 White Eiver, and the Miami tribe, who were the original pro- 

15039 prietors of the upper part of that country, having explicitly 

15040 acknowledged the title of the Delawares at the general council 

15041 held at Fort Wayne in the month of June, 1803, the said United 

15042 States will in future consider the Delawares as the rightful 

15043 owners of all the country which is bounded by the White Eiver 

15044 on the north, the Ohio on the south, the general boundary-line 

15045 running from the mouth of the Kentucky Eiver on the east, and 

15046 the tract ceded by this treaty, and that ceded by the treaty of 

15047 Fort Wayne, on the west and southwest. 

15048 Article 5. As the Piankishaw tribe have hitherto obsti- 

15049 uately persisted in refusing to recognize the title of the Dela- 

15050 wares to the tract of country ceded by this treaty, the United 

15051 States will negociate with them, and will endeavor to settle the 

15052 matter in an amicable way; but should they reject the proposi- 

15053 tions that may be made to them on this subject, and should the 

15054 United States not think proper to take possession of the said 

15055 country without their consent, the stipulations and promises 

15056 herein made on behalf of the United States shall be null and 

15057 void. 

15058 Aeticle 6. As the road from Vincennes to Clark's grant 

15059 will form a very inconvenient boundery, and as it is the intention 

15060 of the parties to these presents that the whole of the said road 

15061 shall be within the tract ceded to the United States, it is agreed 

15062 that the boundary in that quarter shall be a straight line to be 

15063 drawn parallel to the course of the said road from the eastern 

15064 boundary of the tracts ceded by the treaty of Fort Wayne to 

15065 Clark's grant; but the said line is not to pass at a greater dis- 

15066 tance than half a mile from the most northerly bend of said 

15067 road. 

15068 Proclaimed February 14, 1805. 

15069 Articles of a treaty made and concluded at St. Mary's, in the State 

15070 of Ohio, between Jonathan Jennings, Lewis Cass, and Benja- 

15071 min Parlce, commissioners of the United States, and the I)ela- 

15072 ware 2^ation of Indians. 

15073 Article 1. The Delaware Nation of Indians cede to the 

15074 United States all their claim to land in the State of Indiana. 

15075 Article 2. In consideration of the aforesaid cession, the 

15076 United States agree to provide for the Delawares a country to 

15077 reside in, upon the west side of the Mississippi, and to guaranty 

15078 to them the peaceable possession of the same. 

15079 Article 3. The United States also argee to pay the 

43 IT 



338 

15080 Delawares the full value of their improvements in the country 

15081 hereby ceded ; which valuation shall be made by persons to be 

15082 appointed for that purpose by the President of the United 

15083 States; and to furnish the Delawares with one hundred and 

15084 twenty horses, not to exceed in value forty dollars each, and a 

15085 sufficient number of perogaes, to aid in transporting them to 

15086 the west side of the Mississippi ; and a quantity of provisions, 

15087 proportioned to their numbers and the extent of their journey. 

15088 Article i. The Delawares shall be allowed the use and 

15089 occupation of their improvements for the term of three years 

15090 from the date of this treaty, if they so long require it. 

15091 Article 5. The United States agree to pay to the Dela- 

15092 wares a perpetual annuity of .four thousand dollars, which, to- 

15093 gether with all annuities which the United States, by any for- 

15094 mer treaty, engaged to pay to them, shall be paid in silver, at 

15095 any place to which the Delawares may remove. 

15096 Article 6. The United States agree to provide and support 

15097 a blacksmith for the Delawares after their removal to the west 

15098 side of the Mississippi. 

15099 Article 7. One half-section of land shall be granted to 

15100 each of the following persons, namely, Isaac Wobby, Samuel 

15101 Oassman, Elizabeth Petchaka, and Jacob Dick ; and one quarter 

15102 of a section of land shall be granted to each of the following 

15103 persons, namely, Solomon Tindell and Benoni Tindell, all of 

15104 whom are Delawares ; which tracts of land shall be located after 

15105 the country is surveyed, at the first creek above the old fort on 

15106 White River, and running up the river ; and shall be held by the 

15107 persons herein named, respectively, and their heirs ; but shall 

15108 never be conveyed or transferred without the approbation of tlie 

15109 President of the United States. 

15110 Article 8. A sum not exceeding thirteen thousand three 

15111 hundred and twelve dollars and twenty-five cents shall be paid 

15112 by the United States, to satisfy certain claims against the Dela- 

15113 ware Nation, and shall be expended by the Indian agent at Piqua 

15114 and Fort Wayne, agreeably to a schedule this day examined and 

15115 approved by the commissioners of the United States. 

15116 Article 9. This treaty, after the same shall be ratified by 

15117 the President and Senate of the United States, shall be binding 

15118 on the contracting parties. 

15119 Proclaimed January 15, 1819. 

15120 Supplementary article to the Delaware treaty, concluded at St. 

15121 Mary^s, in. the State of Ohio, on the M of October,' 1818. 

15122 Whereas the foregoing treaty stipulates that the United 

15123 States shall provide for the Delaware Nation a country to re- 



339 

1512J: side iu, west of tbe Mississippi, as the periuaneut residence of 

15135 their nation ; and whereas the said Delaware Nation are now 

15126 willing to remove, on the following conditions, from the country 

15127 on James' Fork of White Eiver in the State of Missouri, to the 

15128 country selected in the fork of the Kansas and Missouri Eiver, 

15129 as recommended by the Government, for the permanent resi- 

15130 dence of the whole Delaware Nation ; it is hereby agreed upon 

15131 by the parties, that the country in the fork of the Kansas and 

15132 Missouri Elvers, extending up the Kansas Eiver to the Kansas 

15133 line, and up the Missouri Eiver to Camp Leavenworth, and 

15134 thence by a line drawn westwardly, leaving a space ten miles 

15135 wide, north of the Kansas boundary-line, for an outlet, shall 

15136 be conveyed and forever secured by the United States to the 

15137 said Delaware Nation as their permanent residence; and the 

15138 United States hereby pledges the faith of the Government to 

15139 guarantee to the said Delaware Nation, forever, the quiet and 

15140 peaceable possession and undisturbed enjoyment of the same, 

15141 against the claims and assaults of all and every other people 

15142 whatever. 

15143 And the United States hereby agrees to furnish the Dela- 

15144 ware Nation with forty horses, to be given to their poor and 

15145 destitute people, and the use of six waggons and ox-teams, to 

15146 assist the nation in removing their heavy articles to their perma- 

15147 nent home ; and to supply them with all necessary farming-uten- 

15148 sils and tools necessary for building houses, &c. ; and to supply 

15149 them with provisions on their journey, and with one year's pro- 

15150 visions after they get to their permanent residence; and to 

15151 have a griss and saw mill erected for their use, within two years 

15152 after their complete removal. 

15153 And it is hereby expressly stipulated and agreed upon by 

15154 the parties that, for and in consideration of the full and entire 

15155 relinquishment by the Delaware Nation of all claim whatever 

15156 to the country now occupied by them in the State of Missouri, 

15157 the United States shall pay to the said Delaware Nation an 

15158 additional permanent annuity of one thousand dollars. 

15159 And it is further stipulated that thirty-six sections of the 

15160 best land within the limits hereby relinquished shall be selected, 

15161 under the direction of the President of the United States, and 

15162 sold for the purpose of raising a fund to be applied, under the 

15163 direction of the President, to the support of schools for the ed- 

15164 ucation of Delaware children. 

15165 It is agreed upon by the parties that this supplementary ar- 

15166 tide shall be concluded in part only, at this time, and that a 

15167 deputation of a chief, or warrior, from each town, with their in- 

15168 terpretor, shall proceed with the agent to explore the country, 

15169 more fully, and if they approve of said country to sigh their 



340 

15170 names under ours, which shall be considered as finally conclud- 

15171 ed on our part ; and after the same shall be ratified by the Pres- 

15172 ident and Senate of the United States, shall be binding on the 

15173 contracting parties. 

15174 Proclaimed March 24, 1831. 

15175 FjiANKLiN Pierce, President of the Uaited States of America 

15176 to all and singular to whom these presents shall come, 

15177 greeting : 

15178 Whereas a treaty was made and concluded at the city of 

15179 Washington, on the sixth day of May, one thousand eight hun- 

15180 dred and fifty-four, by George W. Manypenny, as commissioner 
16181 on the part of the United States, and the following-named del- 

15182 egates of the Delaware tribe of Indians, viz : Sarcoxey ; Ne-con- 

15183 he-cond; Kock-ka-to-wha; Qua-cor-now-ha, or James Segondyne; 

15184 JSTe-sha-pa-n^-cumin, or Charles Journeycake; Que-sha-to-wha, 

15185 or John Ketchem ; Pendoxey, or George Bullet ; Kock-kock- 

15186 quas, or James Ketchem; Ahlah-a-chick, or James Conner; 

15187 they being thereto duly authorized by said tribe ; which treaty 

15188 is in the words following, to wit : 

15189 Articles of agreement and convention made and concluded at 

15190 the city of Washington this sixth day of May, one thousand 

15191 eight hundred and fifty-four, by George W. Manypenny, as 

15192 commissioner on the part of the United States, and the fol- 

15193 lowing-named delegates of the Delaware tribe of Indians, 

15194 viz : Sarcoxey ; I^e-con-he-cond ; Kock-ka-to-wha ; Qua-cor- 

15195 now-ha, or James Segondyne; Ne-sha-pa-na-cumin, or 

15196 Charles Journeycake ; Que-sha-to-wha, or John Ketchem ; 

15197 Pondoxy, ^r George Bullet; Kock-kock-quas, or James 

15198 Ketchem ; Ah-lah-a-chick, or James Conner, they being 

15199 thereto duly authorized by said tribe. 

15200 Aeticle 1. The Delaware tribe of Indians hereby cede, re- 

15201 linquish, and quit-claim to the United States all their right, title, 

15202 and interest in and to their country lying west of the State of 

15203 Missouri, and situate in the fork of the Missouri and Kansas 

15204 Elvers, which is described in the article supplementary to the 

15205 treaty of October third, one thousand eight hundred and eigh- 

15206 teen, concluded, in part, on the twenty-fourth September, one 

15207 thousand eight hundred and twenty-nine, at Council Camp, on 

15208 James' Fork of White Elver, in the State of Missouri, and finally 

15209 concluded at Council Camp, in the fork of the Kansas and Mis- 

15210 souri Elvers, on the nineteenth October, one thousand eight hun- 

15211 dred and twenty-nine ; and also their right, title, and interest in 

15212 and to the " outlet " mentioned and described in said supple- 

15213 mentary article, excepting that portion of said country sold to 

15214 the Wyandot tribe of Indians, by instrument sanctioned by act 



341 

15215 of Oougress approved July twenty-fifth, one thousand eight 

15216 hundred and forty-eight, and also excepting that part of said 

15217 country lying east and south of a line beginning at a point on the 

15218 line between the land of the Delawares and the half-breed Kan- 

15219 zas, forty miles, in a direct line, west of the boundary between 

15220 the Delawares and Wyandots, thence north ten miles, thence 

15221 in an easterly course to a point on the south bank of Big Island 

15222 Creek, which shall also be on the bank of the Missouri Eiver 

15223 where the usual higli- water line of said creek intersects thehigh- 

15224 water line of said river. 

15225 Article 2. The United States hereby agree to have the 

15226 ceded country (excepting the said " outlet ") surveyed, as soon 

15227 as it can be conveniently done, in the same manner that the pub- 

15228 lie lands are surveyed, such survey to be commenced and pros- 

15229 ecuted as the President of the United States may deem best. 

15230 And the President will, so soon as the whole or any portion of 

15231 said lands are surveyed, proceed to offer such surveyed lands for 

15232 sale, at public auction, in such quantities as he may deem proper, 

15233 being governed in all respects, in conducting such sales, by the 

15234 laws of the United States respecting the sales of the public lands ; 

15235 and such of the lands as may not be sold at the public sales 

15236 shall thereafter be subject to private entry, in the same man- 

15237 ner that private entries are made of United States lands ; and 

15238 any, or all, of such lands as remain unsold, after being three 

15239 years subject to private entry, at the minimum Government price, 

15240 may, by act of Oougress, be graduated and reduced in price, 

15241 until all said lands are sold ; regard being had in said gradua- 

15242 tion and reduction to the interests of the Delawares, and also to " 

15243 the speedy settlement of the country. 

15244 Article 3. The United States agree to pay to the Delaware 

15245 tribe of Indians the sum of ten thousand dollars ; and, in con- 

15246 sideratiou thereof, the Delaware tribe of Indians hereby cede, 

15247 release, and quit-claim to the United States the said tract of 

15248 country hereinbefore described as the " outlet." And as a fur- 

15249 ther and full compensation for the cession made by the first 

15250 article, the United States agree to pay to said tribe all the mon- 

15251 eys received from the sales of the lands provided to be surveyed 

15252 in the preceding article, after deducting therefrom the cost of 

15253 surveying, managing, and selling the same. 

15254 Article 4. The Delaware Indians have now, by treaty 

15255 stipulation, the following permanent annuities, to wit: One 

15256 thousand dollars, per fourth article of the treaty of third August, 

15257 one thousand seven hundred and ninety-five. Five hundred dol- 

15258 lars, per third article of the treaty of thirtieth of September, one 

15259 thousand eight hundred and nine. Four thousand dollars, per 

15260 fifth article of the treaty of the third October, one thousand 



342 

15261 eight hundred and eighteen. One thousand dollars, per supple- 

15262 mental treaty of twenty-fourth September, one thousand eight 

15263 hundred and twenty-nine. One hundred dollars for salt annuity, 

15264 per third article of the treaty of June seventh, one thousand 

15265 eight hundred and three. Nine hundred and forty dollars for 

15266 blacksmith annuity, per sixth article of the treaty of third Octo- 

15267 ber, one thousand eight hundred and eighteen. All which sev- 

15268 eral permanent annuities they hereby relinquish, and forever 

15269 absolve the United States from the further payment thereof, in 

15270 consideration whereof the United States agree to pay to them, 

15271 under the direction of the President, the sum of one hundred and 

15272 forty-eight thousand dollars, as follows : seventy -four thousand 

15273 dollars in the month of October, one thousand eight hundred 

15274 and fifty-four, and seventy-four thousand dollars in the month of 

15275 October, one thousand eight hundred and fifty-five; the object 

15276 of converting the permanent annuities into these two payments 

15277 being to aid the Delawares in making improvements on their 

15278 present farms, and opening new ones on the land reserved, build- 

15279 ing houses, buying necessary household furniture, stock, and 

15280 farming-utensils, and such other articles as may be necessary to 

15281 their comfort. 

15282 Aexicle 5. It is agreed that the sum of forty-six thousand 

15283 and eighty dollars, being the value of the thirty-six sections of 

15284 land set apart for school purposes by the supplemental treaty of 

15285 one thousand eight hundred and twenty-nine, remain for the 

15286 present at five per cent, interest, as stipulated by the resolution 

15287 of the Senate of the nineteenth January, one thousand eight 

15288 hundred and thirty-eight. 

15289 Article 6. The Delawares feel now, as heretofore, grateful 

15290 to their old chiefs for their long and faithful services. In former 

15291 treaties, when their means were scanty, they provided, by small 

15292 life-annuities, for the wants of these chiefs, some of whom are 

15293 now receiving them. These chiefs are poor, and the Delawares 

15294 believe it their duty to keep them from want iu their old and 

15295 declining age. It is the wish of the Delawares, and hereby stip- 

15296 ulated and agreed, that the sum of ten thousand dollars, the 

15297 amount provided in the third article as a consideration for the 

15298 " outlet," shall be paid to their five chiefs, to wit : Captain 

15299 Ketchem, Sarkoxey, Segondyue, Neconhecond, and Kock-kato- 

15300 wha, in equal shares of two thousand dollars each, to be paid as 

15301 follows: to each of said chiefs annually the sum of two hundred 
16302 and fifty dollars, until the whole sum is paid : Provided, That if 

15303 any one or more of said chiefs die before the whole or any part 

15304 of the sum is paid, the annual payments remaining to his share 

15305 shall be paid to his male children, and, in default of male heirs, 

15306 then to the legal representatives of such deceased chief or chiefs ; 



343 

15307 and it is understood that the small life-annuities stipulated for 

15308 by former treaties shall be paid as directed by said treaties. 

15309 Article- 7. It is expected that the amount of moneys aris- 

15310 ing from the sales herein provided for will be greater than the 

15311 Delawares will need to meet their current wants; and as it is 

15312 their duty and their desire also to create a permanent fund for 

15313 the benefit of the Delawaire people, it is agreed that all the 

15314 money not necessary for the reasonable wants of the people 

15315 shall from time to time be invested by the President of the United 

15316 States in safe and profitable stocks, the principal to remain un- 

15317 impaired, and the interest to be applied annually for the civiliza- 

15318 tion, education, and religious culture of the Delaware people, 

15319 and such other objects of a beneficial character as in his judg- 

15320 ment are proper and necessary. 

15321 Article 8. As the annual receipts from the sales of the 

15322 lands cannot now be determined, it is agreed that the whole sub- 

15323 ject be referred to the judgment of the President, who may, from 

15324 time to time, prescribe how much of the net proceeds of said 

15325 sales shall be paid out to the Delaware people, and the mode and 

15326 manner of such payment ; also how much shall be invested ; and 

15327 in distributing the funds to the people, due regard and encourage- 

15328 ment shall be given to that portion of the Delawares who are 

15329 competent to manage their own affairs, and who know and ap- 

15330 predate the value of money ; but Congress may, at any time, 

15331 and from time to time, by law, make such rules and regulations 

15332 in relation to the funds arising from the sale of said lands, and 

15333 the application thereof for the benefit and improvement of the 

15334 Delaware people, as may, in the wisdom of that body, seem just 

15335 and proper. 

15336 Article 9. The debts of Indians, contracted in their private 

15337 dealings as individuals, whether to traders or otherwise, shall 

15338 not be paid from the general fund. 

15339 Article 10. The Delawares promise to renew their efforts 

15340 to suppress the introduction and the use of ardent spirits in their 

15341 country and among their people, and to encourage industry, 

15342 integrity, and virtue, so that every one may become civilized, 

15343 and, as many now are, competent to manage their business 

15344 affairs ; but should some of them unfortunately continue to refuse 

15345 to labor, and remain or become dissipated and worthless, it shall 

15346 be discretionary with the President to give such direction to the 

15347 portion of funds, from time to time, due to such persons, as will 

15348 prevent them from squandering the same, and secure the benefit 

15349 thereof to their families. 

15350 Article 11. At any time hereafter, when the Delawares 
16351 desire it, and at their request and expense, the President may 
15352 cause the country reserved for their permanent home to be sur- 



344 

15353 veyed iu the same manner as the ceded country is surveyed, and 

15354 may assign such portion to each person or family as shall be 

15355 designated by the principal men of the tribe : Provided, Such 

15356 assignment shall be uniform. 

15357 Article 12. In the settlement of the country adjacent to 

15358 the Delaware reservation, roads and highways will become neces- 

15359 sary, and it is agreed that all roads and highways laid out by 

15360 authority of law, shall have a right of way through the reserved 

15361 lands, on the same terms that the law provides for their location 

15362 through the lands of citizens of the United States ; and railroad 

15363 companies, when the lines of their roads necessarily pass through 

15364 the said reservation, shall have the right of way, on payment of 

15365 a just compensation therefor in money. 

15366 Article 13. The Christian Indians live in the country 

15367 herein ceded, and have some improvements. They desire to 

15368 remain where they are, and the Delawares are willing, provided 

15369 the Christian Indians can pay them for the land. It is there- 

15370 fore agreed that there shall be confirmed by patent to the said 
153?1 Christian Indians, subject to such restrictions as Congress may 

15372 provide, a quantity of land equal to four sections, to be selected 

15373 in a body from the surveyed lands, and to include their present 

15374 improvements: Provided, The said Christian Indians, or the 

15375 United States for them, pay to the Secretary of the Interior, for 

15376 the use of the Delaware Indians, within one year from the date 

15377 of the ratification of this treaty, the sum of two dollars and 

15378 fifty cents per acre therefor: And provided further. That the 

15379 ijrovisions of article twelve, in relation to roads, highways, and 

15380 railroads, shall be applicable to the land thus granted to the 

15381 Christian Indians. 

15382 Article 14. The Delawares acknowledge their dependence 

15383 on the Government of the United States, and invoke its pro- 

15384 tection and care. They desire to be protected from depreda- 

15385 tions and injuries of every kind, and to live at peace with all 

15386 the Indian tribes ; and they promise to abstain from war, and 

15387 to c