Treaty with The Oto and Missouri Tribe
September 26, 1825
For the purpose of perpetuating the friendship which has
heretofore existed, as also to remove all future cause of
discussion or dissension, as it respects trade and friendship
between the United States and their citizens, and the Ottoe
and Missouri tribe of Indians, the President of the United
States of America, by Brigadier-General Henry Atkinson, of
the United States' army, and Major Benjamin O'Fallon,
Indian Agent, with full powers and authority, specially appointed
and commissioned for that purpose, of the one part, and the
undersigned Chiefs, Head-men, and Warriors, of the said Ottoe
and Missouri tribe of Indians, on behalf of their tribe, of
the other part, have made and entered into the following articles
and conditions, which, when ratified by the President of the
United States, by and with the advice and consent of the Senate,
shall be binding on both parties - to wit:
Article 1.
It is admitted by the Ottoe and Missouri tribe of Indians,
that they reside within the territorial limits of the United
States, acknowledge their supremacy, and claim their protection.
The said tribe also admit the right of the United States to
regulate all trade and intercourse with them.
Article 2.
The United States agree to receive the Ottoe and Missouri
tribe of Indians into their friendship, and under their protection,
and to extend to them, from time to time, such benefits and
acts of kindness as may be convenient, and seem just and proper
to the President of the United States.
Article 3.
All trade and intercourse with the Ottoe and Missouri tribe
shall be transacted at such place or places as may be designated
and pointed out by the President of the United States, through
his agents; and none but American citizens, duly authorized
by the United States, shall be admitted to trade or hold intercourse
with said tribe of Indians.
Article 4.
That the Ottoe and Missouri tribe may be accommodated with
such articles of merchandise, . as their necessities
may demand, the United States agree to admit and license traders
to hold intercourse with said tribe, under mild and equitable
regulations: in consideration of which, the said Ottoe and
Missouri tribe bind themselves to extend protection to the
persons and the property of the traders, and the persons legally
employed under them, whilst they remain within the limits
of their particular district of country. And the said Ottoe
and Missouri tribe further agree, that if any foreigner or
other person, not legally authorized by the United States,
shall come into their district of country, for the purposes
of trade or other views, they will apprehend such person or
persons, and deliver him or them to some United States'
superintendent, or agent of Indian Affairs, or to the Commandant
of the nearest military post, to be dealt with according to
law. - And they further agree to give safe conduct to
all persons who may be legally authorized by the United States
to pass through their country: and to protect, in their persons
and property, all agents or other persons sent by the United
States to reside temporarily among them; nor will they, whilst
on their distant excursions, molest or interrupt any American
citizen or citizens who may be passing from the United States
to New Mexico, or returning from thence to the United States.
Article 5.
That the friendship which is now established between the
United States and the Ottoe and Missouri tribe should not
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,
complaint shall be made, by the party injured, to the superintendent
or agent of Indian affairs, or other person appointed by the
President; and it shall be the duty of said Chiefs, upon complaint
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 United States.
And, in like manner, if any robbery, violence, or murder,
shall be committed on any Indian or Indians belonging to said
tribe, 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 said Ottoe and Missouri tribe shall, to
the utmost of their power, exert themselves to recover horses
or other property, which may be stolen or taken from any citizen
or citizens of the United States, by any individual or individuals
of said tribe; and the property so recovered shall be forthwith
delivered to the agents or other person authorized to receive
it, that it may be restored to the proper owner. And the United
States hereby guarranty to any Indian or Indians of said tribe,
a full indemnification for any horses or other property which
may be stolen from them by any of their citizens: Provided,
That the property 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 Ottoe and Missouri tribe
engage, on the requisition or demand of the President of the
United States, or of the agents, to deliver up any white man
resident among them.
Article 6.
And the Chiefs and Warriors, as aforesaid, promise and engage,
that their tribe will never, by sale, exchange, or as presents,
supply any nation, tribe, or band of Indians, not in amity
with the United States, with guns, ammunition, or other implements
of war.
Done at Fort Atkinson, Council Bluffs, this 26th day of September,
A. D. 1825, and of the independence of the United States the
fiftieth.
In testimony whereof, the said commissioners, Henry Atkinson
and Benjamin O'Fallon, and the chiefs, head men, and
warriors, of the Ottoe and Missouri tribe, have hereunto set
their hands, and affixed their seals.
- H. Atkinson, brigadier-general, U. S. Army, [L. S.]
- Benj. O'Fallon, United States agent Indian Affairs, [L. S.]
- Ish-na-wong-ge-ge-he, the only chief, his x mark, [L. S.]
- Me-ha-hun-jah, the big female, his x mark, [L. S.]
- Shunk-co-pe, his x mark, [L. S.]
- Sho-mon-e-ka-sa, the prairie wolf, his x mark, [L. S.]
- Wong-ge-ge-he, the chief, his x mark, [L. S.]
- Waw-zob-e-ing-ge, the little black bear, his x mark, [L. S.]
- Eho-che-nung-a, the mad man, his x mark, [L. S.]
- E-ke-shaw-mon-ne, the walking bear, his x mark, [L. S.]
- Waw-ne-sung-e, the one who bears down, his x mark, [L. S.]
- Waw-ro-ne-sa, the bullet, his x mark, [L. S.]
- Wa-do-ke-ga, his x mark, [L. S.]
- Waw-paw-si-ae, his x mark, [L. S.]
- Taw-ing-ee, the little deer, his x mark, [L. S.]
- Gray-tan-in-ca, the sparrow hawk, his x mark, [L. S.]
- Raw-no-way-braw, the broken pipe, his x mark, [L. S.]
- Non-jah-ning-e, the no heart, his x mark, [L. S.]
- Mon-to-ing-ge, the little white bear, his x mark, [L. S.]
- Mosk-ca-gaw-ha, his x mark, [L. S.]
In presence of -
- A. L. Langham, secretary to the commission,
- A. R. Woolley, lieutenant-colonel, U. S. Army,
- B. Riley, captain, Sixth Infantry,
- J. Gantt, captain, Sixth Infantry,
- John Gale, surgeon, U. S. Army,
- Wm. N. Wickliffe, lieutenant, U. S. Army,
- G. W. Folger, lieutenant, Sixth U. S. Infantry,
- J. Rogers, lieutenant, Sixth Infantry,
- Levi Nute, lieutenant, Sixth Infantry,
- M. W. Batman, lieutenant, Sixth Infantry,
- A. Richardson, lieutenant, Sixth Infantry,
- J. Nichols, lieutenant, Sixth Infantry,
- G. H. Crosman, lieutenant, Sixth Infantry,
- G. H. Kennerly, U. S. S. Indian agent,
- W. W. Eaton, lieutenant, Sixth Infantry,
- Michael Burdeau, his x mark, Maha interpreter,
- William Rogers.
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