Treaty with The Kansa
June 3, 1825
Articles of a treaty made and concluded at the City of
Saint Louis, in the State of Missouri, between William Clark,
Superintendent of Indian Affairs, Commissioner on the part
of the United States of America, and the undersigned Chiefs,
Head Men, and Warriors of the Kansas Nation of Indians, duly
authorized and empowered by said Nation.
Article 1.
THE Kansas do hereby cede to the United States all the lands
lying within the State of Missouri, to which the said nation
have title or claim; and do further cede and relinquish, to
the said United States, all other lands which they now occupy,
or to which they have title or claim, lying West of the said
State of Missouri, and within the following boundaries: beginning
at the entrance of the Kansas river into the Missouri river;
from thence North to the North-West corner of the State of
Missouri; from thence Westwardly to the Nodewa river, thirty
miles from its entrance into the Missouri; from thence to
the entrance of the big Nemahaw river into the Missouri, and
with that river to its source; from thence to the source of
the Kansas river, leaving the old village of the Pania Republic
to the West; from thence, on the ridge dividing the waters
of the Kansas river from those of the Arkansas, to the Western
boundary of the State line of Missouri, and with that line,
thirty miles, to the place of beginning.
Article 2.
From the cession aforesaid, the following reservation for
the use of the Kansas nation of Indians shall be made, of
a tract of land, to begin twenty leagues up the Kansas river,
and to include their village on that river; extending West
thirty miles in width, through the lands ceded in the first
Article, to be surveyed and marked under the direction of
the President, and to such extent as he may deem necessary,
and at the expense of the United States. The agents for the
Kansas, and the persons attached to the agency, and such teachers
and instructors as the President shall authorize to reside
near the Kansas, shall occupy, during his pleasure, such lands
as may be necessary for them within this reservation.
Article 3.
In consideration of the cession of land and relinquishments
of claims, made in the first Articles, the United States agree
to pay to the Kansas nation of Indians, three thousand five
hundred dollars per annum, for twenty successive years, at
their villages, or at the entrance of the Kansas river, either
in money, merchandise, provisions, or domestic animals, at
the option of the aforesaid Nation; and when the said annuities,
or any part thereof, is paid in merchandise, it shall be delivered
to them at the first cost of the goods in Saint Louis, free
of transportation.
Article 4.
The United States, immediately upon the ratification of this
convention, or as soon thereafter as may be, shall cause to
be furnished to the Kansas Nation, three hundred head of cattle,
three hundred hogs, five hundred domestic fowls, three yoke
of oxen, and two carts, with such implements of agriculture
as the Superintendant of Indian Affairs may think necessary;
and shall employ such persons to aid and instruct them in
their agriculture, as the President of the United States may
deem expedient; and shall provide and support a blacksmith
for them.
Article 5.
Out of the lands herein ceded by the Kanzas Nation to the
United States, the Commissioner aforesaid, in behalf of the
said United States, doth further covenant and agree, that
thirty-six sections of good lands, on the Big Blue river,
shall be laid out under the direction of the President of
the United States, and sold for the purpose of raising a fund,
to be applied, under the direction of the President, to the
support of schools for the education of the Kanzas children,
within their Nation.
Article 6.
From the lands above ceded to the United States, there shall
be made the following reservations, of one mile square, for
each of the half breeds of the Kanzas nation, viz: For Adel
and Clement, the two children of Clement; for Josette, Julie,
Pelagie, and Victoire, the four children of Louis Gonvil;
for Marie and Lafleche, the two children of Baptiste of Gonvil;
for Laventure, the son of Francis Laventure; for Elizabeth
and Pierre Carbonau, the children of Pierre Brisa; for Louis
Joncas; for Basil Joncas; for James Joncas; for Elizabeth
Datcherute, daughter of Baptiste Datcherute; for Joseph Butler;
for William Rodgers; for Joseph Coté; for the four
children of Cicili Compáre, each one mile square; and
one for Joseph James, to be located on the North side of the
Kanzas river, in the order above named, commencing at the
line of the Kanzas reservation, and extending down the Kanzas
river for quantity.
Article 7.
With the view of quieting all animosities which may at present
exist between a part of the white citizens of Missouri and
the Kanzas nation, in consequence of the lawless depredations
of the latter, the United States do further agree to pay their
own citizens, the full value of such property as they can
legally prove to have been stolen or destroyed since the year
1815: Provided, The sum so to be paid by the United States
shall not exceed the sum of three thousand dollars.
Article 8.
And whereas the Kanzas are indebted to Francis G. Choteau,
for credits given them in trade, which they are unable to
pay, and which they have particularly requested to have included
and settled in the present Treaty; it is, therefore, agreed
on, by and between the parties to these presents, that the
sum of five hundred dollars, towards the liquidation of said
debt, shall be paid by the United States to the said Francois
G. Choteau.
Article 9.
There shall be selected at this place such merchandise as
may be desired, amounting to two thousand dollars, to be delivered
at the Kanzas river, with as little delay as possible; and
there shall be paid to the deputation now here, two thousand
dollars in merchandise and horses, the receipt of which is
hereby acknowledged; which, together with the amount agreed
on in the 3d and 4th articles, and the provisions made in
the other articles of this Treaty, shall be considered as
a full compensation for the cession herein made.
Article 10.
Lest the friendship which is now established between the
United States and the said Indian Nation should be interrupted
by the misconduct of Individuals, it is hereby agreed, that
for injuries done by individuals, no private revenge or retaliation
shall take place, but instead thereof, complaints shall be
made by the party injured, to the other by the said nation,
to the Superintendent, or other person appointed by the President
to the Chiefs of said nation. And it shall be the duty of
the said Chiefs, upon complaints being made as aforesaid,
to deliver up the person or persons against whom the complaint
is made, to the end that he or they may be punished, agreeably
to the laws of the State or Territory where the offence may
have been committed; and in like manner, if any robbery, violence,
or murder, shall be committed on any Indian or Indians belonging
to said nation, the person or persons so offending shall be
tried, and, if found guilty, shall be punished in like manner
as if the injury had been done to a white man. And it is agreed,
that the Chiefs of the Kanzas shall, to the utmost of their
power, exert themselves to recover horses or other property
which may be stolen from any citizen or citizens of the United
States, by any individual or individuals of the Nation; and
the property so recovered shall be forthwith delivered to
the Superintendent, or other person authorized to receive
it, that it may be restored to its proper owner; and in cases
where the exertions of the Chiefs shall be ineffectual in
recovering the property stolen as aforesaid, if sufficient
proof can be adduced that such property was actually stolen,
by any Indian or Indians belonging to the said nation, the
Superintendent or other officer may deduct from the annuity
of the said nation a sum equal to the value of the property
which has been stolen. And the United States hereby guarantee,
to any Indian or Indians, a full indemnification for any horses
or other property which may be stolen from them by any of
their citizens: Provided, That the property so stolen cannot
be recovered, and that sufficient proof is produced that it
was actually stolen by a citizen of the United States. And
the said Nation of Kanzas engage, on the requisition or demand
of the President of the United States, or of the Superintendent,
to deliver up any white man resident amongst them.
Article 11.
It is further agreed on, by and between the parties to these
presents, that the United States shall forever enjoy the right
to navigate freely all water courses or navigable streams
within the limits of the tract of country herein reserved
to the Kanzas Nation; and that the said Kanzas Nation shall
never sell, relinquish, or in any manner dispose of the lands
herein reserved, to any other nation, person or persons whatever,
without the permission of the United States for that purpose
first had and obtained. And shall ever remain under the protection
of the United States, and in friendship with them.
Article 12.
This Treaty shall take effect, and be obligatory on the contracting
parties, as soon as the same shall be ratified by the President,
by and with the consent and advice of the Senate of the United
States.
In testimony whereof, the said William Clark, commissioner
as aforesaid, and the deputation, chiefs, head men, and warriors
of the Kanzas nation of Indians, as aforesaid, have hereunto
set their hands and seals, this third day of June, in the
year of our Lord eighteen hundred and twenty-five, and of
the independence of the United States of America the forty-ninth
year.
- William Clark, [L. S.]
- Nom-pa-wa-rah, or the White Plume, his x mark, [L. S.]
- Ky-he-ga-wa-ti-nin-ka, his x mark, or the Full Chief, [L. S.]
- Ky-he-ga-wa-che-he, his x mark, or the Chief of great valor, [L. S.]
- Ky-he-ga-shin-ga, his x mark, or the Little Chief, [L. S.]
- Ka-ba-ra-hu, his x mark, [L. S.]
- Me-chu-chin-ga, his x mark, or the Little White Bear, [L. S.]
- Hu-ru-ah-te, his x mark, or the Real Eagle, [L. S.]
- Ca-she-se-gra, his x mark, or the track that sees far, [L. S.]
- Wa-can-da-ga-tun-ga, his x mark, or the Great Doctor, [L. S.]
- O-pa-she-ga, his x mark, or the Cooper, [L. S.]
- Cha-ho-nush, his x mark, [L. S.]
- Ma-he-ton-ga, his x mark, or the American, [L. S.]
Witnesses present:
- R. Wash, secretary,
- W. B. Alexander, sub Indian agent,
- John F. A. Sanford,
- G. C. Sibley, United States Commissioner,
- Baronet Vasquez, United States sale agent,
- Russel Farnham,
- Jno. K. Walker,
- Jno. Simonds, Jr.
- Sanderson Robert,
- L. T. Honore, United States interpreter,
- William Milburn,
- Baptis Ducherut, interpreter for Kanzas,
- Paul Louise, his x mark, Osage interpreter,
- Noel Dashnay, interpreter,
- Ant. Le Claire.
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