Treaty with The Kickapoo
May 18, 1854
Articles of agreement and convention made and concluded
at the city of Washington this eighteenth day of May, one
thousand eight hundred and fifty-four, by George W. Manypenny,
commissioner on the part of the United States, and the following-named
delegates of the Kickapoo tribe of Indians, viz: Pah-kah-kah
or John Kennekuk, Kap-i-o-mah or the Fox Carrier, No-ka-wat
or the Fox Hair; Pe-sha-gon or Tug made of Bear Skin, and
Ke-wi-sah-tuk or Walking Bear or Squire, thereto duly authorized
by said tribe.
Article 1.
The Kickapoo tribe of Indians hereby cede, sell, and convey
unto the United States all that country southwest of the Missouri
River, which was provided as a permanent home, for them in
the treaty of Castor Hill, of the twenty-fourth of October,
one thousand eight hundred and thirty-two, and described in
the supplemental article thereto, entered into at Fort Leavenworth,
on the 26th of November, one thousand eight hundred and thirty-two,
as follows: Beginning "on the Delaware line, where said
line crosses the left branch of Salt Creek, thence down said
creek to the Missouri River, thence up the Missouri River
thirty miles when measured on a straight line, thence west-wardly
to a point twenty miles from the Delaware line, so as to include
in the lands assigned to the Kickapoos, at least twelve hundred
square miles;" saving and reserving, in the western part
thereof, one hundred and fifty thousand acres for a future
and permanent home, which shall be set off for, and assigned
to, them by metes and bounds. Provided, That upon the return
home of the delegates here contracting, and upon consultation
with their people, and after an exploration if required by
them, in company with their agent, a location to that extent
can be found within said specified section of country suited
to their wants and wishes. And it is also further provided,
That should a suitable location, upon examination and consultation,
to the full extent of one hundred and fifty thousand acres,
not be found within said western part of this cession, then
the said delegates and agents shall be permitted to extend
the location beyond the western line of the country herein
ceded and north of the recent Delaware line over so much of
the public domain, otherwise unappropriated, as shall make
up the deficiency - or to make a selection entirely beyond
the limits of the country at present occupied by the Kickapoos
upon any lands of the United States, not otherwise appropriated,
lying within the limits bounded by the said western line,
by the recent Delaware northern line, and the waters of the
Great Nemahaw River; and in either case they shall describe
their selection, which must be made within six months from
the date hereof, by metes and bounds, and transmit the description
thereof, signed by said delegates and agent, to the Commissioner
of Indian Affairs; and thereupon, the selection so made, shall
be taken and deemed as the future permanent home of the Kickapoo
Indians. It is expressly understood that the Kickapoos shall
claim under this article no more thon one hundred and fifty
thousand acres of land; and if that quantity, or any portion
thereof shall be selected, as provided above, outside of the
reservation herein made, then said reservation, or a quantity
equal to that which may be selected outside thereof, shall
be, and the same is hereby, ceded and relinquished to the
United States.
Article 2.
In consideration whereof the United States agree to pay to
the said Indians, under the direction of the President, and
in such manner as he shall from time to time prescribe, the
sum of three hundred thousand dollars, as follows: one hundred
thousand dollars to be invested at an interest of five per
centum per annum; the interest of which shall be annually
expended for educational and other beneficial purposes. The
remaining two hundred thousand dollars to be paid thus: Twenty-five
thousand dollars in the month of October, one thousand eight
hundred and fifty-four; twenty thousand dollars during the
same month in each of the years one thousand eight hundred
and fifty-five and one thousand eight hundred and fifty-six;
fourteen thousand dollars during the same month in each of
the years one thousand eight hundred and fifty-seven and one
thousand eight hundred and fifty-eight; nine thousand dollars
in the same month of each of the six years next succeeding
that of one thousand eight hundred and fifty-eight; seven
thousand dollars in the same month of each of the four years
next succeeding the expiration of the last-named period of
six years; and five thousand dollars in the same month of
each of the five years next succeeding the last-named four
years. And as the Kickapoos will remove to a new home, and
will, therefore, require the principal portion of the annual
payments for several years to aid in building houses, in breaking
and fencing land, in buying stock, agricultural implements,
and other articles needful for their comfort and civilization,
it is understood that such portion of said annual payments
as may be necessary, will be appropriated to and expended
for such purposes.
Article 3.
The President may cause to be surveyed, in the same manner
in which the public lands are surveyed, the reservation herein
provided for the Kickapoos; and may assign to each person,
or family desiring it, such quantity of land as, in his opinion,
will be sufficient for such person, or family, with the understanding
that he, or they, will occupy, improve, and cultivate the
same, and comply with such other conditions as the President
may prescribe. The land thus assigned may hereafter be confirmed
by patent to the parties, or their representatives, under
such regulations and restrictions as Congress may impose.
Article 4.
It is agreed that the United States shall pay to such of
the Kickapoos, as have improvement upon the lands hereby ceded
a fair compensation for the same - the value to be ascertained
in such mode as shall be prescribed by the President.
Article 5.
The debts of Indians contracted in their private dealings
as individuals, whether to traders or others, shall not be
paid out of the general fund.
Article 6.
It is the desire of the Kickapoo Indians that their faithful
friend and interpreter, Peter Cadue, should have a home provided
for him and his family. It is therefore agreed that there
shall be assigned to him a tract of land equal to one section,
to be taken from the legal subdivisions of the surveyed land,
and to include his present residence and improvement on Cadue's
Creek, and the President is authorized to issue a patent to
him for the same.
Article 7.
It is agreed that all roads and highways laid out by authority
of law shall have right of way through the reservation on
the same terms as are provided by law when roads and highways
are made through lands of citizens of the United States; and
railroad companies, when the lines of their roads necessarily
pass through the lands of the Kickapoos, shall have right
of way on the payment of a fair compensation therefor in money.
Article 8.
The Kickapoos release the United States from all claims or
demands of any kind whatsoever, arising or which may hereafter
arise under former treaties, and agree within twelve months
after the ratification of this instrument, to remove and subsist
themselves, without cost to the United States; in consideration
of which release and agreement the United States agree to
pay them the sum of twenty thousand dollars.
Article 9.
The Kickapoos promise to use their best efforts to prevent
the introduction and use of ardent spirits in their country,
to encourage industry, thrift, and morality, and by every
possible means to promote their advancement in civilization.
They desire to be at peace with all men, and therefore bind
themselves to commit no depredation or wrong upon Indians
or citizens, and whenever difficulties arise to abide by the
laws of the United States in such cases made and provided,
as they expect to be protected and to have their own rights
vindicated by them.
Article 10.
The object of these articles of agreement and convention
being to advance the true interests of the Kickapoo people,
it is agreed, should they prove insufficient, from causes
which cannot now be foreseen, to effect these ends, that the
President may, by and with the advice and consent of the Senate,
adopt such policy in the management of their affairs as in
his judgment may be most beneficial to them; or Congress may
hereafter make such provision by law, as experience shall
prove to be necessary.
Article 11.
This instrument shall be obligatory on the contracting parties
whenever the same shall be ratified by the President and the
Senate of the United States.
In testimony whereof the said George W. Manypenny, commissioner
as aforesaid, and the delegates of the Kickapoo tribe of Indians,
have hereunto set their hands and seals, at the place and
on the day and in the year first herein written.
- George W. Manypenny, Commissioner. [L. S.]
- Pah-kah-kah, or John Kennekuk, his x mark. [L. S.]
- Kap-i-o-ma, or the Fox Carrier, his x mark. [L. S.]
- No-ka-wat, or the Fox Hair, his x mark. [L. S.]
- Pe-sha-gon, or Tug made of Bear Skin, his x mark. [L. S.]
- Ke-wi-sah-tuk, or Walking Bear or Squire, his x mark. [L. S.]
Executed in presence of:
- James D. Kerr.
- Charles Calvert.
- Wm. B. Waugh.
- D. Vanderslice, Indian agent.
- Peter Cadue, his x mark, United States interpreter.
- Wm. B. Waugh, witness to signing of Peter Cadue.
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