Agreement at Fort Berthold
July 27, 1866
Margin Notes:
Articles of agreement
and convention made and concluded at Fort Berthold in the Territory
of Dakota, on the twenty-seventh day of July, in the year of our
Lord one thousand eight hundred and sixty-six, by and between Newton
Edmunds, governor and ex-officio superintendent of Indian affairs
of Dakota Territory; Major General S. R. Curtis, Orrin Guernsey
and Henry W. Reed, commissioners appointed on the part of the United
States to make treaties with the Indians of the Upper Missouri;
and the chiefs and headmen of the Arickaree tribe of Indians, Witnesseth
as follows:
Article 1ST.
Perpetual peace, friendship, and amity shall hereafter exist between
the United States and the said Arickaree Indians.
Article 2D.
The said Arickaree tribe of Indians promise and agree that they
will maintain peaceful and friendly relations toward the whites;
that they will in future, abstain from all hostilities against each
other, and cultivate mutual good will and friendship, not only among
themselves, but toward all other friendly tribes of Indians.
Article 3.
The chiefs and headmen aforesaid acting as the representatives
of the tribe aforesaid and being duly authorized and hereunto directed,
in consideration of the payments and privileges hereinafter stated,
do hereby grant and convey to the United States the right to lay
out and construct roads, highways, and telegraphs through their
country, and to use their efforts to prevent them from annoyance
or interruption by their own or other tribes of Indians.
Article 4.
No white person, unless in the employ of the United States, or
duly licensed to trade with said Indians, or members of the families
of such persons shall be permitted to reside or make settlement
upon any part of the country belonging to said Indians, not included
or described herein; nor shall said Indians sell, alienate, or in
any manner dispose of any portion thereof, except to the United
States.
Article 5.
The said Aricara tribe of Indians hereby acknowledge their dependence
on the United States and their obligation to obey the laws thereof;
and they further agree and obligate themselves to submit to and
obey such laws as may be made by Congress for their government and
the punishment of offenders; and they agree to exert themselves
to the utmost of their ability in enforcing all the laws under the
superintendent of Indian affairs, or agent; and they pledge and
bind themselves to preserve friendly relations with the citizens
of the United States, and commit no injuries to, or depredations
upon, their persons or property. They also agree to deliver to the
proper officer of officers of the United States, all offenders against
the treaties, laws, or regulations of the United States, and to
assist in discovering, pursuing and capturing all such offenders
who may be within the limits of the country claimed by them, whenever
required so to do by such officer or officers. And the said Aricara
tribe of Indians further agree that they will not make war upon
any other tribe or band of Indians, except in self-defence, but
will submit all matters of difference between themselves and other
Indians to the Government of the United States for adjustment, and
will abide thereby; and if any of the Indians, party to this treaty,
commit depredations upon any other Indians within the jurisdiction
of the United States, the same rule shall prevail with regard to
compensation and punishment as in cases of depredations against
citizens of the United States.
Article 6.
In consideration of the great evil of intemperance among some of
the Indian tribes, and in order to prevent such consequences among
ourselves, we, the said Aricara tribe of Indians agree to do all
in our power to prevent the introduction or use of spirituous liquors
among our people, and to this end we agree that should any of the
members of our tribe encourage the use of spirituous liquors, either
by using it themselves, or buying and selling it, whosoever shall
do so shall forfeit his claim to any annuities paid by the Government
for the current year; or should they be aware of such use or sale
or introduction of liquor into their country, either by whites or
by persons of Indian blood and not aid by all proper means to effect
its extermination and the prosecution of offenders, shall be liable
to the forfeiture above mentioned.
Article 7.
In consideration of the foregoing agreements, stipulations, cessions,
and undertakings and of their faithful observance by the said Aricara
tribe of Indians, the United States agree to expend for the said
Indians, in addition to the goods and provisions distributed at
the time of signing this treaty, the sum of ten thousand dollars
annually for twenty years, after the ratification of this treaty
by the President and Senate of the United States, to be expended
in such goods, provisions, and other articles as the President may
in his discretion, from time to time determine; provided, and it
is hereby agreed that the President may, at his discretion, annually
expend so much of the sum of three thousand dollars as he shall
deem proper, in the purchase of stock, animals, agricultural implements,
in establishing and instructing in agricultural and mechanical pursuits,
such of said Indians as shall be disposed thereto; and in the employment
of mechanics for them, in educating their children, in providing
necessary and proper medicines, medical attendance, care for the
support of the aged, sick, and infirm of their number, for the helpless
orphans of said Indians, and in any other respect promoting their
civilization, comfort, and improvement; provided further, that the
President of the United States may, at his discretion determine
in what proportion the said annuities shall be distributed among
said Indians; and the United States further agree that out of the
sum above stipulated to be paid to said Indians, there shall be
set apart and paid to the head-chief, the sum of two hundred dollars
annually, and to the soldier-chiefs, fifty dollars annually in money
or supplies, so long as they and their bands remain faithful to
their treaty obligations; and for and in consideration of the long
continued and faithful services of Pierre Garreau to the Indians
of the aforesaid tribe, and his efforts for their benefit, the United
States agree to give him, out of the annuities to said tribe, the
sum of two hundred dollars annually, being the same amount as is
paid the head chiefs as aforesaid; and also to the eight leading
men presented by the said tribe as the headmen and advisers of the
principal chiefs, and to their successors in office, the sum of
fifty dollars per annum, so long as they remain faithful to their
treaty obligations; and provided that the President may, at this
discretion, vary the amount paid to the chiefs, if in his judgment
there may be either by the fidelity or efficiency of any of said
chiefs sufficient cause; yet not so as to change the aggregate amount.
Article 8.
It is understood and agreed by the parties to this treaty, that
if any of the bands of Indians, parties hereto, shall violate any
of the agreements, stipulations, or obligations herein contained,
the United States may withhold, for such length of time as the President
may determine, any portion or all the annuities agreed to be paid
to said Indians under the provisions of this treaty.
Article 9.
The annuities of the aforesaid Indians shall not be taken to pay
the debts of individuals, but satisfaction for depredations committed
by them shall be made in such manner as the President may direct.
Article 10.
This treaty shall be obligatory upon the aforesaid tribe of Indians
from the date hereof, and upon the United States so soon as the
same shall be ratified by the President and Senate.
Article 11.
Any amendment or modification of this treaty by the Senate of the
United States, not materially changing the nature or obligation
of the same, shall be considered final and binding on said bands
the same as if it had been subsequently presented and agreed to
by the said chiefs and headmen, in open council.
In testimony whereof the aforesaid commissioners on the part of
the United States, and the chiefs and headmen of the aforementioned
tribe of Indians, have hereunto set their hands this twenty-seventh
day of July, in the year of our Lord one thousand eight hundred
and sixty-six, after the contents thereof had been previously read,
interpreted, and explained.
- Newton Edmunds.
- S. R. Curtis.
- Orrin Guernsey.
- Henry W. Reed.
- White Shield, his x mark.
- Iron Bear, his x mark.
- The Son of the Star, or Rushing Bear, his x mark.
- The Black Trail, his x mark.
- The Wolf Necklace, his x mark.
- The one that comes out first, his x mark.
- The Whistling Bear, his x mark.
- The Yellow Knife, his x mark.
- The Bear of the Woods, his x mark.
- The Dog Chief, his x mark.
Headmen:
- White Cow Chief, his x mark.
- The Walking Wolf, his x mark.
- The White Bear, his x mark.
- The Bully Head, his x mark.
- The Young Wolf, his x mark.
- The Short Tail Bull, his x mark.
- The Lone Horse, his x mark.
- The War Eagle Cap, his x mark.
- The Sitting Night, his x mark.
- The Yellow Wolf, his x mark.
- The Old Bear, his x mark.
- The Brave, his x mark.
- The Big Head, his x mark.
- The Elk River, his x mark.
- Mahlon Wilkinson, agent.
- Reuben S. Pike.
- Jos. La Burg. jr.
- Charles Reader.
- Chas. F. Picotte.
- U. S. Interpreters:
- Pierre Garreau, his x mark.
- Charles Papin.
- Charles Larpenteur.
Signed by the commissioners on the part of the United States, and
by the chiefs and headmen, after the treaty had been fully read,
interpreted, and explained in our presence.
Chas. A. Reed, Secy. of Commission.
M. K. Armstrong, Assist. Secty.
ADDENDA
The chiefs and headmen of the Gros Ventres and Mandan tribes, heretofore
long associated with the Arickarees named in the foregoing treaty,
and anxious to continue their residence in the same community and
perpetuate their friendly relations with the Arickarees and the
United States, do concur in, and become parties and participants
in and to all the stipulations of the foregoing treaty.
And it being made known to all the tribes thus associated that
the United States may desire to connect a line of stages with the
river, at the salient angle thereof about thirty miles below this
point, and may desire to establish settlements and convenient supplies
and mechanical structures to accommodate the growing commerce and
travel, by land and river, the chiefs and headmen of the Arickarees,
Gros Ventres, and Mandans, acting and uniting also with the commissioners
of the United States aforesaid, do hereby convey to the United States
all their right and title to the following lands, situated on the
northeast side of the Missouri River, to wit: Beginning on the Missouri
River at the mouth of Snake River, about thirty miles below Ft.
Berthold; thence up Snake River and in a northeast direction twenty-five
miles; thence southwardly parallel to the Missouri River to a point
opposite and twenty-five miles east of old Ft. Clarke; thence west
to a point on the Missouri River opposite to old Ft. Clarke; thence
up the Missouri River to the Place of beginning: Provided, That
the premises here named shall not be a harbor for Sioux or other
Indians when they are hostile to the tribes, parties to this treaty;
but it shall be the duty of the United States to protect and defend
these tribes in the lawful occupation of their homes, and in the
enjoyment of their civil rights, as the white people are protected
in theirs.
Article 2.
It is also agreed by the three tribes aforesaid, now united in
this treaty as aforesaid, that in consideration of the premises
named in the aforesaid treaty, and the further consideration of
the cession of lands at Snake River, in addition to the payments
by the United States of annuities there named to the Arickarees,
there shall be paid five thousand dollars to the Gros Ventres, and
five thousand dollars to the Mandans, annually, in goods, at the
discretion of the President. And for the Gros Ventres and Mandan
tribes twenty per cent of their annuity may be expended for agricultural,
mechanical, and other purposes as specified in the latter clause
of Article Seven of the aforesaid treaty.
And also out of the aforesaid annuity to the Gros Ventres there
shall be paid to the first, or principal chief, the sum of two hundred
dollars each, annually, and to the six soldier chiefs the sum of
fifty dollars each, annually.
There shall also be paid to the head, or principal chief, of the
Mandans, out of the annuities of said tribe, the sum of two hundred
dollars, annually, and to each of the nine soldier chiefs the sum
of fifty dollars, annually.
In testimony whereof the aforesaid commissioners
on the part of the United States, and the chiefs and headmen of
the aforementioned tribes of Indians, have hereunto set their hands
this twenty-seventh day of July, in the year of our Lord one thousand
eight hundred and sixty-six, after the contents thereof had been
previously read, interpreted, and explained to the chiefs and headmen
of the aforementioned tribes.
- Newton Edmunds. [Seal.]
- S. R. Curtis. [Seal.]
- Orrin Guernsey. [Seal.]
- Henry W. Reed. [Seal.]
Signatures of Arickarees:
- White Shield, Head Chief, his x mark.
- Rushing Bear, Second Chief, his x mark.
- Wolf Necklace, Chief, his x mark.
- Bear of the woods, Chief, his x mark.
- Whistling Bear, Chief, his x mark.
- Iron Bear, Soldier C., his x mark.
- Black trail, Second Chief, his x mark.
- The Two Bears, Chief, his x mark.
- The Yellow Knife, Chief, his x mark.
- The Crow Chief, Chief, his x mark.
Gros Ventres Chiefs:
- Crow Breast, Head Chief, his x mark.
- Poor Wolf, Second Chief, his x mark.
- Red Tail, his x mark.
- The War Chief, his x mark.
- Short Tail Bull, his x mark.
- One whose mouth rubbed with cherries, his x mark.
- The Yellow Shirt, his x mark.
Chief Soldiers;
- The Flying Crow, his x mark.
- The Many Antelope, his x mark.
- One who eats no marrow, his x mark.
Mandan Chiefs:
- The Red Cow, his x mark.
- The Running Eagle, his x mark.
- The Big Turtle, his x mark.
- The Scabby Wolf, his x mark.
- The Crazy Chief, his x mark.
- The Crow Chief, his x mark.
Chief Soldiers:
- One who strikes in the back, his x mark.
Signed by the commissioners on the part of the United States, and
by the Chiefs and headmen after the treaty had been fully read,
interpreted and explained in our presence.
Witnesses to the above signatures:
- Chas. A. Reed, Secty. of Commission.
- Mahlon Wilkinson, Agent.
- M. K. Armstrong, Asst. Secy.
- Reuben S. Pike.
U. S. interpreters:
- Charles Reader.
- C. F. Picotte.
- Charles Larpenteur.
- Pierre Garreau, his x mark.
- Charles Papin.
Don't forget to check out our Seed Bead Earrings and Native American Jewelry.
|
Native American Legends A-B