Treaty with The Kiowa and Comanche
October 21st, 1867
[NOTE BY THE DEPARTMENT OF STATE. - The words of this
treaty which are put in brackets with an asterisk are written
in the original with black pencil, the rest of the original
treaty being written with black ink.]
Articles of a treaty and agreement made and entered into
at the Council Camp, on Medicine Lodge Creek, seventy miles
south of Fort Larned, in the State of Kansas, on the twenty-first
day of October, one thousand eight hundred and sixty-seven,
by and between the United States of America, represented by
its commissioners duly appointed thereto, to wit, Nathaniel
G. Taylor, William S. Harney, C. C. Augur, Alfred S.[H.] Terry,
John B. Sanborn, Samuel F. Tappan, and J. B. Henderson, of
the one part, and the confederated tribes of Kiowa and Comanche
Indians, represented by their chiefs and headmen, duly authorized
and empowered to act for the body of the people of said tribes,
(the names of said chiefs and head-men being hereto subscribed,)
of the other part, witness:
Article 1.
From this day forward all war between the parties to this
agreement shall forever cease.
The Government of the United States desires peace, and its
honor is here pledged to keep it. The Indians desire peace,
and they now 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 person
or 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 Indians,
subject to the authority of the United States and at peace
therewith, the tribes 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 its 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 the Secretary of the Interior; and no
one sustaining loss, while violating or because of his violating,
the provisions of this treaty or the laws of the United States,
shall be re-imbursed therefor.
Article 2.
The United States agrees that [the*] following district of
country, to wit: commencing at a point where the Washita River
crosses the 98th meridian, west from Greenwich; thence up
the Washita River, in the middle of the main channel thereof,
to a point thirty miles, by river, west of Fort Cobb, as now
established; thence, due west to the north fork of Red River,
provided said line strikes said river east of the one hundredth
meridian of west longitude; if not, then only to said meridian-line,
and thence south, on said meridian-line, to the said north
fork of Red River; thence down said north fork, in the middle
of the main channel thereof, from the point where it may be
first intersected by the lines above described, to the main
Red River; thence down said river, in the middle of the main
channel thereof to its intersection with the ninety-eighth
meridian of longitude west from Greenwich; thence north, on
said meridian-line, to the place of beginning, shall be and
the same is hereby set apart for the absolute and undisturbed
use and occupation of the tribes 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 among them; and the United States now solemnly
agrees that no persons except those herein authorized so to
do and except such officers, agents, and employés of
the Government as may be authorized to enter upon Indian reservation
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, or in such territory as may be added to this
reservation, for the use of said Indians.
Article 3.
If it should appear from actual survey or other satisfactory
examination of said tract of land, that it contains less than
one hundred and sixty acres of tillable land, for each person,
who at the time may be authorized to reside on it under the
provisions of this treaty, and a very considerable number
of such persons shall be disposed to commence cultivating
the soil as farmers, the United States agrees to set apart
for the use of said Indians, as herein provided, such additional
quantity of arable land adjoining to said reservation, or
as near the same as it can be obtained, as may be required
to provide the necessary amount.
Article 4.
The United States agrees at its own proper expense to construct
at some place, near the centre of said reservation, where
timber and water may be convenient, the following buildings,
to wit: A warehouse or store-room for the use of the agent,
in storing goods belonging to the Indians, to cost not exceeding
fifteen hundred dollars: an agency-building for the residence
of the agent, to cost not exceeding three thousand dollars;
a residence for the physician, to cost not more than three
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
five thousand dollars.
The United States agrees further to cause to be erected on
said 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 exceeding eight thousand dollars.
Article 5.
The United States agrees that the agent for the said Indians
in the future shall make his home at the agency-building:
that he shall reside among them, and 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 on him 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 findings to the
Commissioner of Indian Affairs, whose decision, subject to
the revision of the Secretary of the Interior, shall be binding
on the parties to this treaty.
Article 6.
If any individual belonging to said tribes of Indians, or
legally incorporated 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 said reservation,
not exceeding three hundred and twenty acres in extent, which
tract, when 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 directed. 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 "Kiowa and Comanche land book."
The President may, at any time, order a survey of the reservation,
and, when so surveyed, Congress shall provide for protecting
the rights of settlers, in their 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 and on all subjects connected with the government
of the said 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 by 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 of this article
to continue for not less than 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
not exceeding 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 not exceeding in value twenty-five dollars. And
it is further stipulated that such persons as commence farming
shall receive instruction from the farmer herein provided
for, and whenever more than one hundred persons shall enter
upon the cultivation of the soil a second blacksmith shall
be provided, together with such iron, steel, and other material
as may be needed.
Article 9.
At any time after ten years from the making of this treaty
the United States shall have the privilege of withdrawing
the physician, farmer, blacksmiths, carpenter, engineer, and
miller herein provided for; but, in case of such withdrawal,
an additional sum thereafter of ten thousand dollars per annum
shall be devoted to the education of said Indians, and the
Commissioner of Indian Affairs shall, upon careful inquiry
into the condition of said Indians, make such rules and regulations
for the expenditure of said sum as will best promote the educational
and moral improvement of said tribes.
Article 10.
In lieu of all sums of money or other annuities provided
to be paid to the Indians, herein named, under the treaty
of October eighteenth, one thousand eight hundred and sixty-five,
made at the mouth of the "Little Arkansas," and
under all treaties made previous thereto, the United States
agrees to deliver at the agency-house on the reservation herein
named, on the fifteenth day of October 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, pantaloons,
flannel shirt, hat, and a pair of home-made socks. For each
female over twelve years of age, a flannel skirt, or the goods
necessary to make it, a pair of woolen hose, and twelve yards
of calico, and twelve yards of "domestic."
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 him
a full and exact census of the Indians on which the estimates
from year to year can be based; and, in addition to the clothing
herein named, the sum of twenty-five thousand dollars shall
be annually appropriated for a period of thirty years, to
be used by the Secretary of the Interior in the purchase of
such articles, upon the recommendation of the Commissioner
of Indian Affairs, as from time to time the condition and
necessities of the Indians may indicate to be proper; and
if at any time within the thirty 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 11.
In consideration of the advantages and benefits conferred
by this treaty and the many pledges of friendship by the United
States, the tribes who are parties to this agreement hereby
stipulate that they will relinquish all right to occupy permanently
the territory outside of their reservation, as herein defined,
but they yet reserve the right to hunt on any lands south
of the Arkansas [River,*] so long as the buffalo may range
thereon in such numbers as to justify the chase, [and no white
settlements shall be permitted on any part of the lands contained
in the old reservation as defined by the treaty made between
the United States and the Cheyenne, Arapahoe, and Apache tribes
of Indians at the mouth of the Little Arkansas, under date
of October fourteenth, one thousand eight hundred and sixty-five,
within three years from this date;*] and they, [the said tribes,*]
further expressly agree-
1st. That they will withdraw all opposition to the construction
of the railroad now being built on the Smoky Hill River, whether
it be built to Colorado or New Mexico.
2d. That they will permit the peaceable construction of any
railroad not passing over their reservation as herein defined.
3d. That they will not attack any persons at home, nor travelling,
nor molest or disturb any wagon-trains, coaches, mules, or
cattle belonging to the people of the United States, or to
persons friendly therewith.
4th. They will never capture or carry off from the settlements
white women or children.
5th. They will never kill nor scalp white men nor attempt
to do them harm.
6th. They withdraw all pretence of opposition to the construction
of the railroad now being built along the Platte River and
westward to the Pacific Ocean; and they will not, in future,
object to the construction of railroads, wagon-roads, mail-stations,
or other works of utility or necessity which may be ordered
or permitted by the laws of the United States. But should
such roads or other works be constructed on the lands of their
reservation, the Government will pay the tribes whatever amount
of damage may be assessed by three disinterested commissioners,
to be appointed by the President for that purpose; one of
said commissioners to be a chief or head-man of the tribes.
7th. They agree to withdraw all opposition to the military
posts now established in the western Territories.
Article 12.
No treaty for the cession of any portion or part of the reservation
herein described, which may be held in common, shall be of
any validity or force as against the said Indians, unless
executed and signed by at least three-fourths of all the adult
male Indians occupying 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 rights to any tract of land selected by him as provided
in Article III [VI] of this treaty.
Article 13.
The Indian agent, in employing a farmer, blacksmith, miller,
and other employés herein provided for, qualifications
being equal, shall give the preference to Indians.
Article 14.
The United States hereby agrees to furnish annually to the
Indians the physician, teachers, carpenter, miller, engineer,
farmer, and blacksmiths, 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 15.
It is agreed that the sum of seven hundred and fifty dollars
be appropriated for the purpose of building a dwelling-house
on the reservation for "Tosh-e-wa," (or the Silver
Brooch,) the Comanche chief who has already commenced farming
on the said reservation. And the sum of five hundred dollars
annually, for three years from date, shall be expended in
presents to the ten persons of said tribes who in the judgment
of the agent may grow the most valuable crops for the period
named.
Article 16.
The tribes herein named agree, when the agency-house and
other buildings shall be constructed on the reservation named,
they will make said reservation their permanent home and they
will make no permanent settlement elsewhere, but they shall
have the right to hunt on the lands south of the Arkansas
River, formerly called theirs, in the same manner, subject
to the modifications named in this treaty, as agreed on by
the treaty of the Little Arkansas, concluded the eighteenth
day of October, one thousand eight hundred and sixty-five.
In testimony of which, we have hereunto set our hands and
seals on the day and year aforesaid.
- N. G. Taylor, [SEAL.]
- President of Indian Commission.
- Wm. S. Harney, [SEAL.]
- Brevet Major-General.
- C. C. Augur, [SEAL.]
- Brevet Major-General.
- Alfred H. Terry, [SEAL.]
- Brigadier and Brevet Major-General.
- John B. Sanborn, [SEAL.]
- Samuel F. Tappan, [SEAL.]
- J. B. Henderson. [SEAL.]
-
- Attest: Ashton S. H. White, secretary.
Kioways:
- Satank, or Sitting Bear, his x mark. [SEAL.]
- Sa-tan-ta, or White Bear, his x mark. [SEAL.]
- Wa-toh-konk, or Black Eagle, his x mark. [SEAL.]
- Ton-a-en-ko, or Kicking Eagle, his x mark. [SEAL.]
- Fish-e-more, or Stinking Saddle, his x mark. [SEAL.]
- Ma-ye-tin, or Woman's Heart, his x mark. [SEAL.]
- Sa-tim-gear, or Stumbling Bear, his x mark. [SEAL.]
- Sit-par-ga, or One Bear, his x mark. [SEAL.]
- Corbeau, or The Crow, his x mark. [SEAL.]
- Sa-ta-more, or Bear Lying Down. [SEAL.]
Comanches:
- Parry-wah-say-men, or Ten Bears, his x mark. [SEAL.]
- Tep-pe-navon, or Painted Lips, his x mark. [SEAL.]
- To-sa-in, or Silver Brooch, his x mark. [SEAL.]
- Cear-chi-neka, or Standing Feather, his x mark. [SEAL.]
- Ho-we-ar, or Gap in the Woods, his x mark. [SEAL.]
- Tir-ha-yah-guahip, or Horse's Back, his x mark. [SEAL.]
- Es-a-nanaca, or Wolf's Name, his x mark. [SEAL.]
- Ah-te-es-ta, or Little Horn, his x mark. [SEAL.]
- Pooh-yah-to-yeh-be, or Iron Mountain, his x mark. [SEAL.]
- Sad-dy-yo, or Dog Fat, his x mark. [SEAL.]
Attest:
- Jas. A. Hardie, Inspector-General, U. S. Army.
- Sam'l S. Smoot, U. S. surveyor.
- Philip McCusker, interpreter.
- J. H. Leavenworth, United States Indian agent.
- Thos. Murphy, superintendent Indian affairs.
- Henry Stanley, correspondent.
- A. A. Taylor, assistant secretary.
- Wm. Fayel, correspondent.
- James O. Taylor, artist.
- Geo. B. Willis, phonographer.
- C. W. Whitraker, trader
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