Treaty with The Comanche and Kiowa
October 18, 1865
Articles of a treaty made and concluded at the council-ground
on the Little Arkansas River eight miles from the mouth of
said river, in the State of Kansas, on the eighteenth day
of October, in the year of our Lord one thousand eight hundred
and sixty-five, by and between John B. Sanborn, William S.
Harney, Thomas Murphy, Kit Carson, William W. Bent, Jesse
H. Leavenworth, and James Steele, Commissioners on the part
of the United States, and the undersigned chiefs and head-men
of the several bands of Comanche Indians specified in connection
with their signatures, and the chiefs and head-men of the
Kiowa tribe of Indians, the said chiefs and head-men by the
said bands and tribes being thereunto duly authorized.
Article 1.
It is agreed by the parties to this treaty that hereafter
perpetual peace shall be maintained between the people and
Government of the United States and the Indians parties hereto,
and that the Indians parties hereto shall forever remain at
peace with each other and with all other Indians who sustain
friendly relations with the Government of the United States.
For the purpose of enforcing the provisions of this article,
it is agreed that in case hostile acts or depredations are
committed by the people of the United States, or by the Indians
on friendly terms with the United States, against the tribe
or tribes or the individual members of the tribe or tribes
who are parties to this treaty, such hostile acts or depredations
shall not be redressed by a resort to arms, but the party
or parties aggrieved shall submit their complaints, through
their agent, to the President of the United States, and thereupon
an impartial arbitration shall be had under his direction,
and the award thus made shall be binding on all parties interested,
and the Government of the United States will in good faith
enforce the same.
And the Indians parties hereto, on their part, agree, in
case crimes or other violations of law shall be committed
by any person or persons members of their tribe, such person
or persons shall, upon complaint being made in writing to
their agent, superintendent of Indian affairs, or to other
proper authority, by the party injured, and verified by affidavit,
be delivered to the person duly authorized to take such person
or persons into custody, to the end that such person or persons
may be punished according to the laws of the United States.
Article 2.
The United States hereby agree that the district of country
embraced within the following limits, or such portion of the
same as may hereafter from time to time be designated by the
President of the United States for that purpose, viz: commencing
at the northeast corner of New Mexico, thence south to the
southeast corner of the same: thence northeastwardly to a
point on main Red River opposite the mouth of the North Fork
of said river: thence down said river to the 98th degree of
west longitude: thence due north on said meridian to the Cimarone
river: thence up said river to a point where the same crosses
the southern boundary of the State of Kansas: thence along
said southern boundary of Kansas to the southwest corner of
said State: thence west to the place of beginning, shall be
and is hereby set apart for the absolute and undisturbed use
and occupation of the tribes who are parties to this treaty,
and of such other friendly tribes as have heretofore resided
within said limits, or as they may from time to time agree
to admit among them, and that no white person except officers,
agents, and employés of the Government shall go upon
or settle within the country embraced within said limits,
unless formally admitted and incorporated into some one of
the tribes lawfully residing there, according to its laws
and usages. The Indians parties hereto on their part expressly
agree to remove to and accept as their permanent home the
country embraced within said limits, whenever directed so
to do by the President of the United States, in accordance
with the provisions of this treaty, and that they will not
go from said country for hunting purposes without the consent
in writing of their agent or other authorized person, specifying
the purpose for which such leave is granted, and such written
consent in all cases shall be borne with them upon their excursions,
as evidence that they are rightfully away from their reservation,
and shall be respected by all officers, employés, and
citizens of the United States, as their sufficient safeguard
and protection against injury or damage in person or property,
by any and all persons whomsoever. It is further agreed by
the Indians parties hereto, that when absent from their reservation,
they will refrain from the commission of any depredations
or injuries to the person or property of all persons sustaining
friendly relations with the Government of the United States;
that they will not while so absent encamp, by day or night,
within ten miles of any of the main travelled routes or roads
through the country to which they go, or of the military posts,
towns, or villages therein, without the consent of the commanders
of such military posts, or of the civil authorities of such
towns or villages, and that henceforth they will and do hereby,
relinquish all claims or rights in and to any portion of the
United States or territories, except such as is embraced within
the limits aforesaid, and more especially their claims and
rights in and to the country north of the Cimarone River and
west of the eastern boundary of New Mexico.
Article 3.
It is further agreed that until the Indians parties hereto
have removed to the reservation provided for by the preceding
article, in pursuance of the stipulations thereof, said Indians
shall be and they are hereby, expressly permitted to reside
upon and range at pleasure throughout the unsettled portions
of that part of the country they claim as originally theirs,
which lies south of the Arkansas River, as well as the country
embraced within the limits of the reservation provided for
by the preceding article, and that they shall and will not
go elsewhere, except upon the terms and conditions prescribed
by the preceding article in relation to leaving said reservation:
Provided, That the provisions of the preceding article in
regard to encamping within ten miles of main travelled routes,
military posts, towns, and villages, shall be in full force
as to the privileges granted by this article: And provided
further, That they, the said Indians, shall and will at all
times, and without delay, report to the commander of the nearest
military post the presence in or approach to said country
of any hostile band or bands of Indians whatever.
Article 4.
It is further agreed by the parties hereto that the United
States may lay off and build through the reservation, provided
for by Article 2 of this treaty, roads or highways as may
be deemed necessary, and may also establish such military
posts within the same as may be found necessary, in order
to preserve peace among the Indians, and in order to enforce
such laws, rules, and regulations as are now or may from time
to time be prescribed by the President and Congress of the
United States for the protection of the rights of persons
and property among the Indians residing upon said reservation,
and further, that in time of war such other military posts
as may be considered essential to the general interests of
the United States may be established: Provided, however, That
upon the building of such roads, or establishment of such
military posts, the amount of injury sustained by reason thereof
by the Indians inhabiting said reservation shall be ascertained
under direction of the President of the United States, and
thereupon such compensation shall be made to said Indians
as, in the judgment of the Congress of the United States,
may be deemed just and proper.
Article 5.
The United States agree that they will expend annually, during
the period of forty years, from and after the ratification
of this treaty, for the benefit of the Indians who are parties
hereto, and of such others as may unite with them in pursuance
of the terms hereof, in such manner and for such purposes
as, in the judgment of the Secretary of the Interior for the
time being, will best subserve their wants and interests as
a people, the following amounts, that is to say, until such
time as said Indians shall be removed to their reservations,
as provided for by article two of this treaty, an amount which
shall be equal to ten dollars per capita for each person entitled
to participate in the beneficial provisions of this treaty;
and from and after the time when such removal shall have been
accomplished, an amount which shall be equal to fifteen dollars
per capita for each person entitled as aforesaid. Such proportion
of the expenditure provided for the by this article as may
be considered expedient to distribute in the form of annuities
shall be delivered to said Indians as follows, viz: One-third
thereof during the spring, and two-thirds thereof during the
autumn of each year.
For the purpose of determining from time to time the aggregate
amount to be expended under the provisions of this article,
it is agreed that the number entitled to its beneficial provisions
the coming year is four thousand, and that an accurate census
of the Indians entitled shall be taken at the time of the
annuity payment in the spring of each year by their agent
or other person designated by the Secretary of the Interior,
which census shall be the basis on which the amount to be
expended the next ensuing year shall be determined.
Article 6.
The Indians parties to this treaty expressly covenant and
agree that they will use their utmost endeavors to induce
that portion of the respective tribes not now present to unite
with them and accede to the provisions of this treaty, which
union and accession shall be evidenced and made binding on
all parties whenever such absentees shall have participated
in the beneficial provisions of this treaty.
In testimony whereof, the said Commissioners on the part
of the United States, and the chiefs and headmen of the said
bands of Camanche Indians and of the Kiowa tribe of Indians,
hereinbefore referred to, and designated in connection with
their signatures, have hereunto subscribed their names and
affixed their seals on the day and year first above written.
- John B. Sanborn, [SEAL.]
- Wm. S. Harney, [SEAL.]
- Kit Carson, [SEAL.]
- Wm. W. Bent, [SEAL.]
- James Steele, [SEAL.]
- Thos. Murphy, [SEAL.]
- J. H. Leavenworth, [SEAL.]
- Commissioners on the part of the United States.
Signed and sealed in presence of-
- W. R. Irwin, secretary.
- Wm. T. Kittridge.
- D. C. McNeil.
- Jas. S. Boyd.
- Tab-e-nan-i-kah, or Rising Sun, chief of Yampirica, or Root Eater band of Camanches, for Paddy-wah-say-mer and Ho-to-yo-koh-wat's bands, his x mark. [SEAL.]
- Esh-e-tave-pa-rah, or Female Infant, headman of Yampirica band of Camanches, his x mark. [SEAL.]
- A-sha-hab-beet, or Milky Way, chief Penne-taha, or Sugar Eater band of Camanches, and for Co-che-te-ka, or Buffalo Eater band, his x mark. [SEAL.]
- Queen-ah-e-vah, or Eagle Drinking, head chief of No-co-nee or Go-about band of Camanches, his x mark. [SEAL.]
- Ta-ha-yer-quoip, or Horse's Back, second chief of No-co-nee or Go-about band of Camanches, his x mark. [SEAL.]
- Pocha-naw-quoip, or Buffalo Hump, thrid chief of Pennetaka, or Sugar Eater band of Camanches, his x mark. [SEAL.]
- Ho-to-yo-koh-wot, or Over the Buttes, chief of Yampirica band, his x mark. [SEAL.]
- Parry-wah-say-mer, or Ten Bears, chief of Yampirica band, his x mark. [SEAL.]
- Bo-yah-wah-to-yeh-be, or Iron Mountain, chief of Yampirica band of Camanches, his x mark. [SEAL.]
- Bo-wah-quas-suh, or Iron Shirt, chief of De-na-vi band, or Liver Eater band of Camanches, his x mark. [SEAL.]
- To-sa-wi, or Silver Brooch, head chief of Pennetaka band of Camanches, his x mark. [SEAL.]
- Queil-park, or Lone Wolf, his x mark. [SEAL.]
- Wah-toh-konk, or Black Eagle, his x mark. [SEAL.]
- Zip-ki-yah, or Big Bow, his x mark. [SEAL.]
- Sa-tan-ta, or White Bear, his x mark. [SEAL.]
- Ton-a-en-ko, or Kicking Eagle, his x mark. [SEAL.]
- Settem-ka-yah, or Bear Runs over a Man, his x mark. [SEAL.]
- Kaw-pe-ah, or Plumed Lance, his x mark. [SEAL.]
- To-hau-son, or Little Mountain, his x mark. [SEAL.]
- Sa-tank, or Sitting Bear, his x mark. [SEAL.]
- Pawnee, or Poor Man, his x mark. [SEAL.]
- Ta-ki-bull, or Stinking Saddle Cloth, chief of the Kiowa tribe, his x mark. [SEAL.]
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