Treaty with The Eastern Band Shoshoni and Bannock
July 3, 1868
Articles of a treaty made and concluded at Fort Bridger,
Utah Territory,on the third day of July, in the year of our
Lord one thousand eight hundred and sixty-eight, by and between
the undersigned commissioners on the part of the United States,
and the undersigned chiefs and head-men of and representing
the Shoshonee (eastern band) and Bannack tribes of Indians,
they being duly authorized to act in the premises:
Article 1.
From this day forward peace between the parties to this treaty
shall forever continue. The Government of the United States
desires peace, and its honor is hereby pledged to keep it.
The Indians desire peace, and they hereby pledge their honor
to maintain it.
If bad men among the whites, or among other people subject
to the authority of the United States, shall commit any wrong
upon the personor property of the Indians, the United States
will, upon proof made to the agent and forwarded to the Commissioner
of Indian Affairs,at Washington City, proceed at once to cause
the offender to be arrested and punished according to the
laws of the United States, and also re-imburse the injured
person for the loss sustained.
If bad men among the Indians shall commit a wrong or depredation
upon the person or property of any one, white, black, or Indian,
subject to the authority of the United States, and at peace
therewith, the Indians herein named solemnly agree that they
will, on proof made to their agent and notice by him, deliver
up the wrong-doer to the United States, to be tried and punished
according to the laws; and in case they wilfully refuse so
to do, the person injured shall be re-imbursed for his loss
from the annuities or other moneys due or to become due to
them under this or other treaties made with the United States.
And the President, on advising with the Commissioner of Indian
Affairs,shall prescribe such rules and regulations for ascertaining
damages under the provisions of this article as in his judgment
may be proper.But no such damages shall be adjusted and paid
until thoroughly examined and passed upon by the Commissioner
of Indian Affairs, and noone sustaining loss while violating
or because of his violating the provisionsof this treaty or
the laws of the United States, shall be reimbursed therefor.
Article 2.
It is agreed that whenever the Bannacks desire a reservation
to be set apart for their use, or whenever the President of
the United States shall deem it advisable for them to be put
upon a reservation,he shall cause a suitable one to be selected
for them in their present country, which shall embrace reasonable
portions of the "PortNeuf" and "Kansas Prairie" countries,
and that, when this reservation is declared, the United States
will secure to the Bannacks the same rights and privileges
therein, and make the same and like expenditures therein for
their benefit, except the agency-house and residence of agent,
in proportion to their numbers, as herein provided for the
Shoshonee reservation. The United States further agrees that
the following district of country, to wit: Commencing at the
mouth of Owl Creek and running due south to the crest of the
divide between the Sweet-water and Papo Agie Rivers; thence
along the crest of said divide and the summit of Wind River
Mountains to the longitude of North Fork of Wind River; thence
due north to mouth of said North Fork and up its channel to
a point twenty miles above its mouth; thence in a straight
line to head-waters of Owl Creek and along middle of channel
of Owl Creek to place of beginning, shall be and the same
is set apart for the absolute and undisturbed use and occupation
of the Shoshonee Indians herein named, and for such other
friendly tribes or individual Indians as from time to time
they may be willing, with the consent of the United States,
to admit amongst them; and the United States now solemnly
agrees that no persons except those herein designated and
authorized so to do, and except such officers, agents, and
employés of the Government as may be authorized to
enter upon Indian reservations in discharge of duties enjoined
by law, shall ever be permitted to pass over, settle upon,
or reside in the territory described in this article for the
use of said Indians, and henceforth they will and do hereby
relinquish all title, claims, or rights in and to any portion
of the territory of the United States, except such as is embraced
within the limits aforesaid.
Article 3.
The United States agrees, at its own proper expense, to construct
at a suitable point of the Shoshonee reservation a warehouseor
store-room for the use of the agent in storing goods belonging
to the Indians, to cost not exceeding two thousand dollars;
an agency building for the residence of the agent, to cost
not exceeding three thousand; a residence for the physician,
to cost not more than two thousand dollars; and five other
buildings, for a carpenter, farmer,blacksmith, miller, and
engineer, each to cost not exceeding two thousand dollars;
also a school-house or mission building so soon as a sufficient
number of children can be induced by the agent to attend school,which
shall not cost exceeding twenty-five hundred dollars.
The United States agrees further to cause to be erected on
said Shoshonee reservation, near the other buildings herein
authorized, a good steam circular-saw mill, with a grist-mill
and shingle-machine attached,the same to cost not more than
eight thousand dollars.
Article 4.
The Indians herein named agree, when the agency house and
other buildings shall be constructed on their reservations
named,they will make said reservations their permanent home,
and they will make no permanent settlement elsewhere; but
they shall have the right to hunt on the unoccupied lands
of the United States so long as game may be found thereon,
and so long as peace subsists among the whites and Indians
on the borders of the hunting districts.
Article 5.
The United States agrees that the agent for said Indians
shall in the future make his home at the agency building on
the Shoshonee reservation, but shall direct and supervise
affairs on the Bannack reservation; and shall keep an office
open at all times for the purpose of prompt and diligent inquiry
into such matters of complaint by and against the Indians
as may be presented for investigation under the provisions
of their treaty stipulations, as also for the faithful discharge
of other duties enjoined by law. In all cases of depredation
on person or property he shall cause the evidence to be taken
in writing and forwarded, together with his finding, to the
Commissioner of Indian Affairs, whose decision shall be binding
on the parties to this treaty.
Article 6.
If any individual belonging to said tribes of Indians, or
legally incorported with them, being the head of a family,
shall desire to commence farming, he shall have the privilege
to select, in the presence and with the assistance of the
agent then in charge, a tract of land within the reservation
of his tribe, not exceeding three hundred and twenty acres
in extent, which tract so selected, certified, and recorded
in the "land-book," as herein directed, shall cease to be
held in common, but the same may be occupied and held in the
exclusive possession of the person selecting it, and of his
family, so long as he or they may continue to cultivate it.
Any person over eighteen years of age, not being the head
of a family,may in like manner select and cause to be certified
to him or her, for purposes of cultivation, a quantity of
land not exceeding eighty acres in extent, and thereupon be
entitled to the exclusive possession of the same as above
described. For each tract of land so selected a certificate,
containing a description thereof, and the name of the person
selecting it, with a certificate indorsed thereon that the
same has been recorded, shall be delivered to the party entitled
to it by the agent, after the same shall have been recorded
by him in a book to be kept in his office subject to inspection,
which said book shall be known as the "Shoshone (eastern band)
and Bannack land-book."
The President may at any time order a survey of these reservations,and
when so surveyed Congress shall provide for protecting the
rights of the Indian settlers in these improvements, and may
fix the character of the title held by each. The United States
may pass such laws on the subject of alienation and descent
of property as between Indians,and on all subjects connected
with the government of the Indians on said reservations, and
the internal police thereof, as may be thought proper.
Article 7.
In order to insure the civilization of the tribes entering
into this treaty, the necessity of education is admitted,
especially of such of them as are or may be settled on said
agricultural reservations,and they therefore pledge themselves
to compel their children,male and female, between the ages
of six and sixteen years, to attend school; and it is hereby
made the duty of the agent for said Indians to see that this
stipulation is strictly complied with; and the United States
agrees that for every thirty children between said ages who
can be induced or compelled to attend school, a house shall
be provided and a teacher competent to teach the elementary
branches of an English education shall be furnished, who will
reside among said Indians and faithfully discharge his or
her duties as a teacher. The provisions af this article to
continue for twenty years.
Article 8.
When the head of a family or lodge shall have selected lands
and received his certificate as above directed, and the agent
shall be satisfied that he intends in good faith to commence
cultivating the soil for a living, he shall be entitled to
receive seeds and agricultural implements for the first year,
in value one hundred dollars, and for each succeeding year
he shall continue to farm, for a period of three years more,
he shall be entitled to receive seeds and implements as aforesaid
in value twenty-five dollars per annum.
And it is further stipulated that such persons as commence
farming shall receive instructions from the farmers herein
provided for, and whenever more than one hundred persons on
either reservation shall enter upon the cultivation of the
soil, a second blacksmith shall beprovided, with such iron,
steel, and other material as may be required.
Article 9.
In lieu of all sums of money or other annuities provided
to be paid to the Indians herein named, under any and all
treaties heretofore made with them, the United States agrees
to deliver at the agency-house on the reservation here in
provided for, on the first day of September of each year,
for thirty years, the following articles,to wit:
For each male person over fourteen years of age, a suit of
good substantial woollen clothing, consisting of coat, hat,
pantaloons, flannel shirt, and a pair of woollen socks; for
each female over twelve years of age, a flannel skirt, or
the goods necessary to make it, a pair of woollen hose, twelve
yards of calico; and twelve yards of cotton domestics.
For the boys and girls under the ages named, such flannel
and cotton goods as may be needed to make each a suit as aforesaid,
together with a pair of woollen hose for each.
And in order that the Commissioner of Indian Affairs may
be able to estimate properly for the articles herein named,
it shall be the duty of the agent each year to forward to
him a full and exact census of the Indians, on which the estimate
from year to year can be based; and in addition to the clothing
herein named, the sum of ten dollars shall be annually appropriated
for each Indian roaming and twenty dollars for each Indian
engaged in agriculture, for a period of ten years, to be used
by the Secretary of the Interior in the purchase of such articles
as from time to time the condition and necessities of the
Indians may indicate to be proper. And if at any time within
the ten years it shall appear that the amount of money needed
for clothing under this article can be appropriated to better
uses for the tribes herein named, Congress may by law change
the appropriation to other purposes; but in no event shall
the amount of this appropriation be withdrawn or discontinued
for the period named. And the President shall annually detail
an officer of the Army to be present and attest the delivery
of all the goods herein named to the Indians, and he shall
inspect and report on the quantity and quality of the goods
and the manner of their delivery.
Article 10.
The United States hereby agrees to furnish annually to the
Indians the physician, teachers, carpenter, miller, engineer,farmer,
and blacksmith, as herein contemplated, and that such appropriations
shall be made from time to time, on the estimates of the Secretary
of the Interior, as will be sufficient to employ such persons.
Article 11.
No treaty for the cession of any portion of the reservations
herein described which may be held in common shall be of any
force or validity as against the said Indians, unless executed
and signed by at least a majority of all the adult male Indians
occupying or interested in the same; and no cession by the
tribe shall be understood or construed in such manner as to
deprive without his consent, any individual member of the
tribe of his right to any tract of land selected by him. as
provided in Article 6 of this treaty.
Article 12.
It is agreed that the sum of five hundred dollars annually,for
three years from the date when they commence to cultivate
a farm, shall be expended in presents to the ten persons of
said tribe who, in the judgment of the agent, may grow the
most valuable crops for the respective year.
Article 13.
It is further agreed that until such time as the agency-buildings
are established on the Shoshonee reservation, their agent
shall reside at Fort Bridger, U. T., and their annuities shall
be delivered to them at the same place in June of each year.
- N. G. Taylor, [SEAL.]
- W. T. Sherman, [SEAL.]
- Lieutenant-General.
- Wm. S. Harney, [SEAL.]
- John B. Sanborn, [SEAL.]
- S. F. Tappan, [SEAL.]
- C. C. Augur, [SEAL.]
- Brevet Major-General, U. S. Army, Commissioners.
- Alfred H. Terry, [SEAL.]
- Brigadier-General and Brevet Major-General, U. S. Army.
Attest:
- A. S. H. White, Secretary.
Shoshones:
- Wash-a-kie, his x mark.
- Wau-ny-pitz, his x mark.
- Toop-se-po-wot, his x mark.
- Nar-kok, his x mark.
- Taboonshe-ya, his x mark.
- Bazeel, his x mark.
- Pan-to-she-ga, his x mark.
- Ninny-Bitse, his x mark.
Bannacks:
- Taggee, his x mark.
- Tay-to-ba, his x mark.
- We-rat-ze-won-a-gen, his x mark.
- Coo-sha-gan, his x mark.
- Pan-sook-a-motse, his x mark.
- A-wite-etse, his x mark.
Witnesses:
- Henry A. Morrow,
- Lieutenant-Colonel Thirty-sixth Infantry and Brevet Colonel U. S. Army. Commanding Fort Bridger.
- Luther Manpa, United States Indian agent.
- W. A. Carter.
- J. Van Allen Carter, interpreter.
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