Treaty with The Oto and Missouri
March 15, 1854
Articles of agreement and convention made and concluded
at the city of Washington, this fifteenth day of March, one
thousand eight hundred and fifty-four, by George W. Manypenny,
as commissioner on the part of the United States, and the
following-named Chiefs of the confederate tribes of the Ottoe
and Missouria Indians, viz: Ar-ke-kee-tah, or Stay by It;
Heh-cah-po, or Kickapoo; Shaw-ka-haw-wa, or Medicine Horse;
Mi-ar-ke-tah-hun-she, or Big Soldier; Cha-won-a-ke, or Buffalo
Chief; Ah-hah-che-ke-saw-ke, or Missouria Chief; and Maw-thra-ti-ne,
or White Water; they being thereto duly authorized by said
confederate tribes.
Article 1.
The confederate tribes of Ottoe and Missouria Indianscede
to the United States all their country west of the Missouri
River, excepting a strip of land on the waters of the Big
Blue River, ten miles in width and bounded as follows: Commencing
at a point in the middle of the main branch of the Big Blue
River, in a west or southwest direction from Old Fort Kearney,
at a place called by the Indians the "Islands;"
thence west to the western boundary of the country hereby
ceded; thence in a northerly course with said western boundary,
ten miles; thence east to a point due north of the starting
point and ten miles therefrom; thence to the place of beginning:
Provided, That in case the said initial point is not within
the limits of the country hereby ceded, or that the western
boundary of said country is not distant twenty-five miles
or more from the initial point, in either case, there shall
be assigned by the United States to said Indians, for their
future home, a tract of land not less than ten miles wide
by twenty-five miles long, the southeast corner of which tract
shall be the initial point above named. And such portion of
such tract, if any, as shall prove to be outside of the ceded
country, shall be and the same is hereby granted and ceded
to the confederate tribes of Ottoe and Missouria Indians by
the United States, who will have said tract properly set off
by durable monuments as soon after the ratification of this
instrument as the same can conveniently be done.
Article 2.
The said confederate tribes agree, that as soon after the
United States shall make the necessary provision for fulfilling
the stipulations of this instrument, as they can conveniently
arrange their affairs, and not to exceed one year after such
provision is made, they will vacate the ceded country, and
remove to the lands herein reserved for them.
Article 3.
The said confederate tribes relinquish to the United States,
all claims, for money or other thing, under former treaties,
and all claim which they may have heretofore, at any time,
set up, to any land on the east side of the Missouri River;
Provided, That said confederate tribes shall receive the unexpended
balances of former appropriations now in the United States
Treasury, of which, four thousand dollars shall at once be
applied for the purchase of provisions and to farming purposes.
Article 4.
In consideration of, and payment for the country herein ceded,
and the relinquishments herein made, the United States agree
to pay to the said confederate tribes of Ottoe and Missouria
Indians, the several sums of money following, to wit:
1st. Twenty thousand dollars, per annum, for the term of
three years, commencing on the first day of January, one thousand
eight hundred and fifty-five.
2d. Thirteen thousand dollars, per annum, for the term of
ten years, next succeeding the three years.
3d. Nine thousand dollars, per annum, for the term of fifteen
years, next succeeding the ten years.
4th. Five thousand dollars, per annum, for the term of twelve
years, next succeeding the fifteen years.
All which several sums of money shall be paid to the said
confederate tribes, or expended for their use and benefit
under the direction of the President of the United States,
who may, from time to time, determine, at his discretion,
what proportion of the annual payments, in this article provided
for, if any, shall be paid to them in money, and what proportion
shall be applied to and expended, for their moral improvement
and education; for such beneficial objects as in his judgments,
will be calculated to advance them in civilization; for buildings,
opening farms, fencing, breaking land, providing stock, agricultural
implements, seeds, &c., for clothing, provisions, and
merchandise; for iron, steel, arms and ammunition; for mechanics,
and tools; and for medical purposes.
Article 5.
In order to enable the said confederate tribes to settle
their affairs, and to remove, and subsist themselves for one
year at their new home, (and which they agree to do without
further expense to the United States,) and to break up and
fence one hundred and fifty acres of land at their new home,
they shall receive from the United States the further sum
of twenty thousand dollars, to be paid out and expended under
the direction of the President, and in such manner as he shall
approve.
Article 6.
The President may, from time to time, at his discretion,
cause the whole of the land herein reserved or appropriated
west of the Big Blue River, to be surveyed off into lots,
and assign to such Indian or Indians of said confederate tribes,
as are willing to avail of the privilege, and who will locate
on the same as a permanent home, if a single person over twenty-one
years of age, one-eighth of a section; to each family of two,
one-quarter section; to each family of three and not exceeding
five, one-half section; to each family of six and not exceeding
ten, one section; and to each family exceeding ten in number,
one quarter section for every additional five members. And
he may prescribe such rules and regulations as will secure
to the family, in case of the death of the head thereof, the
possession and enjoyment of such permanent home and the improvements
thereon. And the President may, at any time in his discretion,
after such person or family has made a location on the land
assigned for a permanent home, issue a patent to such person
or family for such assigned land, conditioned that the tract
shall not be aliened or leased for a longer term than two
years; and shall be exempt from levy, sale, or forfeiture,
which conditions shall continue in force, until a State constitution
embracing such land within its boundaries shall have been
formed, and the legislature of the State shall remove the
restrictions. And if any such person or family shall at any
time neglect or refuse to occupy and till a portion of the
land assigned, and on which they have located, or shall rove
from place to place, the President may, if the patent shall
have been issued, revoke the same, or, if not issued, cancel
the assignment, and may also withhold from such person or
family, their proportion of the annuities or other moneys
due them, until they shall have returned to such permanent
home, and resumed the pursuits of industry; and in default
of their return, the tract may be declared abandoned, and
thereafter assigned to some other person or family of such
confederate tribes, or disposed of as is provided for the
disposal of the excess of said land. And the residue of the
land hereby reserved, after all the Indian persons or families
of such confederate tribes shall have had assigned to them
permanent homes, may be sold for their benefit, under such
laws, rules, or regulations as may hereafter be prescribed
by the Congress or President of the United States. No State
legislature shall remove the restriction herein provided for,
without the consent of Congress.
Article 7.
The United States will erect for said confederate tribes
at their new home a grist and saw mill, and keep the same
in repair, and provide a miller for a term of ten years; also
erect a good black-smith shop, supply the same with tools,
and keep it in repair for the term of ten years, and provide
a good blacksmith for a like period, and employ an experienced
farmer, for ten years, to instruct the Indians in agriculture.
Article 8.
The annuities of the Indians shall not be taken to pay the
debts of individuals.
Article 9.
The said confederate tribes acknowledge their dependence
on the Government of the United States, and promise to be
friendly with all the citizens thereof, and pledge themselves
to commit no depredations on the property of such citizens.
And should any one or more of the Indians violate this pledge,
and the fact be satisfactorily proven before the agent, the
property taken shall be returned, or in default thereof, or
if injured or destroyed, compensation may be made by the Government
out of their annuities. Nor will they make war on any other
tribe except in self-defence, but will submit all matters
of difference between them and other Indians, to the Government
of the United States, or its agent, for decision, and abide
thereby. And if any of the said Indians commit any depredations
on any other Indians, the same rule shall prevail as that
prescribed in this article in cases of depredations against
citizens.
Article 10.
The Ottoes and Missourias are desirous to exclude from their
country the use of ardent spirits, and to prevent their people
from drinking the same; and therefore it is provided that
any one of them who is guilty of bringing liquor into their
country, or who drinks liquor, may have his or her proportion
of the annuities withheld from him or her for such time, as
the President may determine.
Article 11.
The said confederate tribes agree, that all the necessary
roads and highways, and railways, which may be constructed
as the country improves, and the lines of which may run through
their land west of the Big Blue River, shall have a right
of way through the reservation, a just compensation being
made therefor in money.
Article 12.
The United States will pay to Lewis Barnard the sum of three
hundred dollars, he having been in the service of the said
tribes and they being unable to pay him.
Article 13.
This treaty shall be obligatory on the contracting parties
as soon of the same shall be ratified by the President and
Senate of the United States.
In testimony whereof the said George W. Manypenny, commissioner
as aforesaid, and the undersigned, chiefs of the said confederate
tribes of Ottoes and Missourias, have hereunto set their hands
and seals, at the place and on the day and year hereinbefore
written.
Ottoes:
- George W. Manypenny, Commissioner. [L. S.]
- Ar-ke-kee-tah, his x mark, Or Stay By It. [L. S.]
- Heh-cah-po, his x mark, Or Kickapoo. [L. S.]
- Shaw-ka-haw-wa, his x mark, Or Medicine Horse. [L. S.]
- Mi-ar-ke-tah-hun-she, his x mark, Or Big Soldier. [L. S.]
- Cha-won-a-ke, his x mark, Or Buffalo Chief. [L. S.]
Missourias:
- Ah-hah-che-ke-saw-ke, his x mark, Or Missouria Chief. [L. S.]
- Maw-thra-ti-ne, his x mark, Or White Water. [L. S.]
Executed in the presence of us:
- James M. Gatewood, Indian agent.
- Thomas Maxfield.
- H. N. Tabb.
- Charles Calvert.
- Jno. D. McPherson.
- Hezekiah Miller.
- Alfred Chapman.
- Henry Beard.
- Lewis Bernard, interpreter, his x mark.
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