Treaty with The Delawares
July 4, 1866
Articles of agreement between the United States and the
chiefs and councillors of the Delaware Indians, on behalf
of said tribe, made at the Delaware Agency, Kansas, on the
fourth day of July, eighteen hundred and sixty-six.
Whereas Congress has by law made it the duty of the President
of the United States to provide by treaty for the removal
of the Indian tribes from the State of Kansas; and whereas
the Delaware Indians have expressed a wish to remove from
their present reservation in said State to the Indian country,
located between the States of Kansas and Texas; and whereas
the United States have, by treaties negotiated with the Choctaws
and Chickasaws, with the Creeks, and with the Seminoles, Indian
tribes residing in said Indian country, acquired the right
to locate other Indian tribes within the limits of the same;
and whereas the Missouri River Railroad Company, a corporation
existing in the State of Kansas by the laws thereof, - and
which company has built a railroad connecting with the Pacific
Railroad, from near the mouth of the Kaw River to Leavenworth,
in aid of which road the Delawares, by treaty in eighteen
hundred and sixty-four, agreed to dispose of their lands, - has
expressed a desire to purchase the present Delaware Indian
reservation in the said State, in a body, at a fair price:
It is hereby agreed between Thomas Murphy, superintendent
of Indian affairs, John G. Pratt, agent for the Delawares,
and William H. Watson, special commissioner, who are duly
appointed to act for the United States; and Captain John Connor,
Captain Sarcoxie, and Charles Journeycake, chiefs, and James
Ketchum, James Connor, Andrew Miller, and John Sarcoxie, councillors,
duly appointed and authorized by said Delaware Indians to
act for them and in their behalf, viz:
Article 1.
That the United States shall secure and cause to be paid
to said Indians the full value of all that part of their reservation,
with the improvements then existing on the same, heretofore
sold to the Leavenworth, Pawnee, and Western Railroad Company,
according to the terms of a treaty ratified August twenty-second,
eighteen hundred and sixty, and supplemental treaties, and
in accordance with the conditions, restrictions, and limitations
thereof.
Article 2.
That the Secretary of the Interior shall be, and he is, authorized
to sell to said Missouri River Railroad Company, or to other
responsible party or parties, in a body, all the remaining
part of said reservation, being the lands conveyed to said
Delaware Indians in pursuance of the provisions of the supplemental
treaty of September twenty-fourth, eighteen hundred and twenty-nine,
and all other lands owned by the said tribe in the State of
Kansas not previously disposed of, except as hereinafter provided,
for a price not less than two dollars and fifty cents per
acre, exclusive of improvements.
Article 3.
It shall be the duty of the Secretary of the Interior to
give each of all the adult Delaware Indians who have received
their proportion of land in severalty an opportunity, free
from all restraint, to elect whether they will dissolve their
relations with their tribe and become citizens of the United
States: and the lands of all such Indians as may elect so
to become citizens, together with those of their minor children,
held by them in severalty, shall be reserved from the sale
hereinbefore provided for. And the Secretary of the Interior
shall cause any and all improvements made on any of the said
lands, the sale of which is provided for, whether held in
common or in severalty, to be appraised, and the value thereof
added to the price of said lands, to be paid for when payment
is made for the lands upon which said improvements exist;
and the money received for the improvements on the land of
each Indian held in severalty shall be paid to him at any
time after its payment to the Secretary of the Interior, when
the Department shall be notified that said Indian is ready
to remove to the Indian country, to provide for his removal
to, and to enable him to make improvements on his new home
therein: Provided, That whenever it shall be ascertained under
the registry above provided for what lands will be vacated,
there shall be set apart from the lands held in common, for
each child of Delaware blood, born since the allotment of
land to said tribe in severalty was made under previous treaties,
a quantity of land equal to the amount to which they would
have been entitled had they been born before said allotment,
provided that selections for children belonging to families
whose head may elect to remain may be made from lands which
are to be vacated by those who elect to remove: And provided
further, That in case there shall be improvements upon any
heretofore allotted lands, so selected for children of the
Delawares, payment shall be made for such improvements, at
their appraised value, by the parents or guardians of said
children, at the same time as if the said lands had been sold
to the railroad company or other parties.
Article 4.
The United States agree to sell to the said Delaware Indians
a tract of land ceded to the Government by the Choctaws and
Chickasaws, the Creeks, or the Seminoles, or which may be
ceded by the Cherokees in the Indian country, to be selected
by the Delawares in one body in as compact a form as practicable,
so as to contain timber, water, and agricultural lands, to
contain in the aggregate, if the said Delaware Indians shall
so desire, a quantity equal to one hundred and sixty (160)
acres for each man, woman, and child who shall remove to said
country, at the price per acre paid by the United States for
the said lands, to be paid for by the Delawares out of the
proceeds of sales of lands in Kansas, heretofore provided
for. The said tract of country shall be set off with clearly
and permanently marked boundaries by the United States; and
also surveyed as public lands are surveyed, when the Delaware
council shall so request, when the same may, in whole or in
part, be allotted by said council to each member of said tribe
residing in said country, said allotment being subject to
the approval of the Secretary of the Interior.
Article 5.
The United States guarantee to the said Delewares peaceable
possession of their new home herein provided to be selected
for them in the Indian country, and protection from hostile
Indians and internal strife and civil war, and a full and
just participation in any general council or territorial government
that may be established for the nations and tribes residing
in said Indian country.
Article 6.
It is agreed that the proceeds of the sale of the Delaware
lands herein provided for shall be paid to said Indians in
the manner following, to wit: Whenever the Department of the
Interior shall be notified by the council, through the agent,
that any of the Delawares who hold land in severalty are ready
to remove, at the same time describing their allotments, there
shall be paid to each such person the value of his allotment,
and that of his family, to enable him to remove to and improve
his new home, provided the money for the said allotment shall
have been paid to the Secretary of the Interior; and while
said money, or any part thereof, shall remain in the Treasury
of the United States, the Delawares shall be entitled to receive
interest on the amount so retained, at the rate of five (5)
per cent. per annum. And the residue of the proceeds of the
sale of the Delaware lands, being those which have not been
allotted, or which have once been allotted, but have been
abandoned by the allottees, shall be added to the general
fund of the Delawares, interest thereon to be paid to the
Indians in the same manner as is now provided in regard to
that fund.
Article 7.
Within thirty days after the ratification of this treaty
it shall be the duty of the Secretary of the Interior to give
the said Missouri River Railroad Company notice that he is
authorized to contract with them or other responsible party
or parties for the sale of said lands on the terms specified
in this treaty, indicating the approximate quantity thereof;
and within twenty days after receiving said notice at their
usual place of doing business in the State of Kansas it shall
be competent for said company to elect to make the purchase,
by filing with the said secretary their bond, with approved
security, in double the amount proposed to be paid by them
for the whole of said lands, guaranteeing that they will purchase
all of the lands to be sold under the provisions of this treaty,
and that they will pay for them in accordance with the terms
thereof. And upon the filing of a satisfactory bond as above
provided by said company, the contract for such purchase shall
be concluded by the said secretary with said Missouri River
Railroad Company, at not less than two dollars and fifty cents
per acre for the whole of the lands herein provided to be
sold: Provided, however, That if said railroad company shall
not within the twenty days above limited file its bond for
the purchase as herein prescribed, the Secretary of the Interior
may at the expiration of that time accept any offer for the
whole of said lands in one body, at not less than two dollars
and fifty cents per acre, from any other responsible parties;
but no offer shall be considered from other parties than said
Missouri River Railroad Company, unless accompanied by a certificate
of deposit in the First National Bank of the city of Washington,
D. C., to the credit of the said secretary, for an amount
equal to ten per cent. of the aggregate value of the land
at the price proposed, to be forfeited for the use of the
Delawares if the sale should be awarded to said person or
corporation so proposing to purchase the lands, and said party
should fail to make payment as hereinafter provided.
Article 8.
That within sixty days after the sale of said land shall
have been effected, the purchaser shall pay to the said Secretary,
in trust for the Delawares, the stipulated price of said unallotted
lands, with the appraised value of improvements thereon, excepting
therefrom the mill reservation and the quarter sections upon
which the council-house and blacksmith-shops are built, the
use of which shall be retained until the final removal of
the Delawares, and for which payment shall not be required
from the purchaser until possession is delivered; and from
time to time thereafter, as often as the Secretary of the
Interior shall notify the said purchaser that ten thousand
acres or more of said lands have been vacated by said Indians
within three months thereafter, said purchaser shall pay to
the Secretary of the Interior, in trust for the said Indians,
the stipulated price for said lands, with the appraised value
of the improvements; and so on until all are paid for, according
to the true intent and meaning hereof; and as said lands shall
be paid for, patents therefor, conveying the same in fee-simple,
shall be from time to time issued to said purchaser, or to
his or its assigns, by the President of the United States.
Article 9.
It is also stipulated that the Secretary of the Interior
shall cause a registry to be made of the names of all of said
Delawares who have elected to dissolve their tribal relations
and to become citizens of the United States, as provided in
this treaty, with the names, ages, and sex of the members
of the family of each of said Delawares, and present a certified
copy of the same to the judge of the district court of the
United States for the district of Kansas, and cause a copy
to be filed in the office of the Commissioner of Indian Affairs,
after which any of said Delawares, being adults, may appear
before the said judge in open court, and make the same proof
and take the same oath of allegiance as is provided by law
for the naturalization of aliens, and also make proof, to
the satisfaction of said court, that he is sufficiently intelligent
and prudent to control his own affairs and interests, that
he has adopted the habits of civilized life, and has been
able to support, for at least five years, himself and family;
when he shall receive a certificate of the same under the
seal of the said court; and on the filing of the said certificate
in the office of the Commissioner of Indian Affairs, the said
Delaware Indian shall be constituted a citizen of the United
States, and be entitled to receive a patent, in fee-simple,
with power of alienation, for the land heretofore allotted
him, and his just proportion, in cash or in bonds, of the
cash value of the credits of said tribe, principal and interest,
then held in trust by the United States; and also, as the
same may be received, his proportion of the proceeds of the
sale of lands under the provisions of this treaty, when he
shall cease to be a member of said tribe. Whereupon all of
the minor children of those who have become citizens shall
be construed to have elected to sever their connection with
said tribe for the time being, and be entitled to their just
proportion of the annuities of the tribe, to be paid to the
head of the family to be expended for their support and education
until they shall attain the age of twenty-one years, after
which each shall elect to remove to his tribe or to become
a citizen of the United States, as hereinbefore provided,
and if thus admitted to citizenship, shall be entitled to
all the privileges and interests herein provided for the head
of the family. Should any minor as aforesaid, arriving at
the age of twenty-one years, and electing to become a citizen
of the United States, or any adult Indian having so elected,
fail to be admitted, he shall not be compelled to remove,
but the Secretary of the Interior shall provide proper guardianship
for the protection of his rights and interests and those of
his family. There shall be granted to each of the Delawares
who have thus become citizens, a patent, in fee-simple, for
the lands heretofore allotted to them, and, if they do not
remove with the nation, their pro rata share of all annuities
and trust-property held by the United States for them, the
division to be made under the direction of the President of
the United States, after which such persons shall cease to
be members of the Delaware tribe, and shall not further participate
in their councils, nor share in their property or annuities.
Article 10.
It is further agreed that the funds of the Delawares shall
never be applied by the Government to the payment of the debt
or debts of any individual member or members of the nation;
nor shall any person be licensed to trade with the Delawares
without the consent of the chiefs and council; and the salaries
of the chiefs shall henceforward be four hundred dollars per
annum.
Article 11.
The Delawares acknowledge their dependence upon the United
States, and again renew their pledges of devotion to the Government
thereof, and ask its protection; and the United States agree
to protect, preserve, and defend them in all their just rights.
Article 12.
It is also agreed that if the said Secretary should not be
able to sell the said lands as hereinbefore provided, he may
cause the same to be appraised, in separate tracts, at their
fair cash value, no tract to be valued at less than two dollars
and fifty cents per acre, and the same when appraised may
be sold at not less than the appraised value, and for as much
more as the same will bring, and the money arising from the
sale to be applied and distributed as hereinbefore provided.
Article 13.
It is agreed by the Delawares that railroad companies engaged
in building roads whose routes shall lie through their new
reservation in the Indian country shall have a right of way
through and over said lands, not exceeding two hundred feet
in width for any such road, and also the right to enter on
all lands and take and use such gravel, stone, and other material
except timber as may be necessary for the construction of
such roads, compensation to be made for any damages done in
obtaining such material, and for any damages arising from
the location or running of such roads to improvements which
shall have been made before such road shall have been located,
such damages to be ascertained under regulations to be prescribed
by the Secretary of the Interior.
Article 14.
The United States further agree that, in accordance with
the general provisions of the sixth article of the Delaware
treaty of May thirty, eighteen hundred and sixty, which have
not yet been fulfilled, there shall be credited to the Delawares,
in the purchase of their new reservation in the Indian country,
the sum of thirty thousand dollars, which credit by the United
States shall be received by the Delawares as a full settlement
of all claims against the Government for depredations upon
timber to the date of the signing of this treaty; and the
Delawares shall receive, without cost, from the United States,
land included within their new reservation to the amount of
twenty-three sections, in place of the twenty-three sections
of half-breed Kaw lands referred to in said sixth section
of the treaty of eighteen hundred and sixty; and inasmuch
as the Delawares claim that a large amount of stock has been
stolen from them by whites since the treaty of eighteen hundred
and fifty-four, the United States agree to have a careful
examination of such claims made under the direction of the
Secretary of the Interior, and when the value of such stolen
stock shall have been ascertained, the same shall be reported
to Congress with a recommendation for an appropriation to
pay for the same; and all moneys appropriated for such purpose
shall be paid to the owners of said stock.
Article 15.
It is also agreed by the contracting parties that nothing
contained in this treaty shall be so construed as to require
the Delawares to remove from their present homes, until after
they shall have selected and received title to lands for new
homes elsewhere.
In testimony whereof, the said superintendent, agent, and
special commissioner, on behalf of the United States, and
the said chiefs and councillors on behalf of the Delawares,
have hereunto set their hands and seals this fourth day of
July, one thousand eight hundred and sixty-six.
- Thos. Murphy, [SEAL.] Superintendent.
- John G. Pratt, [SEAL.] Agent.
- W. H. Watson, [SEAL.] Special Commissioner.
- John Connor, his x mark, [SEAL.] Head Chief.
- Captain Sarcoxie, his x mark, [SEAL.] Assistant Chief.
- Charles Journeycake, [SEAL.] Assistant Chief.
- James Ketch[u]m, [SEAL.]
- James Connor, his x mark, [SEAL.]
- Andrew Miller, his x mark, [SEAL.]
- John Sarcoxie, his x mark, [SEAL.]
Councillors.
- Isaac Johnycake, United States interpreter.
In presence of-
- Henry S. Bulkley.
- Edward S. Menager.
- Louis A. Menager.
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