Treaty with The Oto, etc
October 15, 1836
Articles of a convention entered into and concluded at
Bellevue Upper Missouri the fifteenth day of October one thousand
eight hundred and thirty-six, by and between John Dougherty
U. S. agt. for Indian Affairs and Joshua Pilcher U. S. Ind.
s. agt being specially authorized therefor; and the chiefs
braves head men of the Otoes Missouries Omahaws and Yankton
and Santee bands of Sioux, duly authorized by their respective
tribes.
Article 1st.
Whereas it has been represented that according to the stipulations
of the first article of the treaty of Prairie du Chien of
the fifteenth of July eighteen hundred and thirty, the country
ceded is "to be assigned and allotted under the direction
of the President of the United States to the tribes now living
thereon or to such other tribes as the President may locate
thereon for hunting and other purposes," and whereas it is
further represented to us the chiefs, braves and head men
of the tribes aforesaid, that it is desirable that the lands
lying between the State of Missouri and the Missouri river,
and south of a line running due west from the northwest corner
of said State until said line strikes the Missouri river,
should be attached to and become a part of said State, and
the Indian title thereto be entirely extinguished; but that
notwithstanding as these lands compose a part of the country
embraced by the provisions of the said first article of the
treaty aforesaid, the stipulations whereof will be strictly
observed, until the assent of the Indians interested is given
to the proposed measure. Now we the chiefs braves and principal
men of the Otoes Missouries Omahaws Yankton and Santee bands
of Sioux aforesaid fully understanding the subject and well
satisfied from the local position of the lands in question,
that they never can be made available for Indian purposes;
and that an attempt to place an Indian population on them
must inevitably lead to collisions with the citizens of the
United States; and, further believing that the extension of
the State line in the direction indicated, would have a happy
effect by presenting a natural boundary between the whites
and Indians; and willing moreover to give the United States
a renewed evidence of our attachment and friendship; do hereby
for ourselves and on behalf of our respective tribes (having
full power and authority to this effect) for ever cede relinquish
and quit claim to the United States all our right title and
interest of whatsoever nature in and to the lands lying between
the State of Missouri and the Missouri river, and south of
a line running due west from the northwest corner of the State
to the Missouri river, as herein before mentioned, and freely
and fully exonerate the United States from any guarantee condition
or limitation expressed or implied under the treaty of Prairie
du Chien aforesaid or otherwise, as to the entire and absolute
disposition of said lands, fully authorizing the United States
to do with the same whatever shall seem expedient or necessary.
Article 2d.
As a proof of the continued friendship and liberality of
the United States towards the said Otoes Missouries Omahaws
and Yankton and Santee bands of Sioux, and as an evidence
of the sense entertained for the good will manifested by the
said tribes to the citizens and Government of the United States
as evinced in the preceding cession and relinquishment; and
as some compensation for the great sacrifice made by the several
deputations at this particular season, by abandoning their
fall hunts and traveling several hundred miles to attend this
convention the undersigned John Dougherty and Joshua Pilcher
agrees on behalf of the United States to pay as a present
to the tribes herein before named the sum of four thousand
five hundred and twenty dollars in merchandise, the receipt
of which they hereby acknowledge having been distributed among
them in the proportions following. To the Otoes twelve hundred
and fifty dollars, to the Missouries one thousand dollars
to the Omahaws twelve hundred and seventy dolls. to the Yankton
and Santee bands of Sioux one thousand dollars.
Article 3d.
In consequence of the removal of the Otoes and Missouries
from their former situation on the river Platte to the place
selected for them, and of their having to build new habitations
last spring at the time which should have been occupied in
attending to their crops, it appears that they have failed
to such a degree as to make it certain that they will lack
the means of subsisting next spring, when it will be necessary
for them to commence cultivating the lands now preparing for
their use. It is therefore agreed that the said Otoes, and
Missouries (in addition to the presents herein before mentioned)
shall be furnished at the expense of the United States with
five hundred bushels of corn to be delivered at their village
in the month of April next. And the same causes operating
upon the Omahaws, they having also abandoned their former
situation, and established at the place recommended to them
on the Missouri river, and finding it difficult without the
aid of ploughs to cultivate land near their village where
they would be secure from their enemies, it is agreed as a
farther proof of the liberality of the Government and its
disposition to advance such tribes in the cultivation of the
soil as may manifest a disposition to rely on it for the future
means of subsistence; that they shall have one hundred acres
of ground broke up and put under a fence near their village,
so soon as it can be done after the ratification of this convention.
Article 5.
This convention shall be obligatory on the tribes parties
hereto, from and after the date hereof, and on the United
States from and after its ratification by the Government thereof.
Done, signed, and sealed at Bellevue, Upper Missouri, this
fifteenth day of October, one thousand eight hundred and thirty-six,
and of the independence of the United States, the sixty-first.
- Jno. Dougherty, Indian agent, [L. S.]
- Joshua Pilcher, United States Indian subagent, [L. S.]
Otoes:
- Jaton, his x mark, [L. S.]
- Big Kaw, his x mark, [L. S.]
- The Thief, his x mark, [L. S.]
- Wah-ro-ne-saw, his x mark, [L. S.]
- Buffalo Chief, his x mark, [L. S.]
- Shaking Handle, his x mark, [L. S.]
- We-ca-ru-ton, his x mark, [L. S.]
- Wash-shon-ke-ra, his x mark, [L. S.]
- Standing White Bear, his x mark, [L. S.]
- O-rah-car-pe, his x mark, [L. S.]
- Wah-nah-shah, his x mark, [L. S.]
- Wa-gre-ni-e, his x mark, [L. S.] Mon-nah-shu-jah, his x mark, [L. S.]
Missouries:
- Hah-che-ge-sug-a, his x mark, [L. S.]
- Black Hawk, his x mark, [L. S.]
- No Heart, his x mark, [L. S.]
- Wan-ge-ge-he-ru-ga-ror, his x mark, [L. S.]
- The Arrow Fender, his x mark, [L. S.]
- Wah-ne-min-er, his x mark, [L. S.]
- Big Wing, his x mark, [L. S.]
Omahaws:
- Big Elk, his x mark, [L. S.]
- Big Eyes, his x mark, [L. S.]
- Wash-kaw-mony, his x mark, [L. S.]
- White Horse, his x mark, [L. S.]
- White Caw, his x mark, [L. S.]
- Little Chief, his x mark, [L. S.]
- A-haw-paw, his x mark, [L. S.]
- Walking Cloud, his x mark, [L. S.]
- Wah-see-an-nee, his x mark, [L. S.]
- No Heart, his x mark, [L. S.]
- Wah-shing-gar, his x mark, [L. S.]
- Standing Elk, his x mark, [L. S.]
- Ke-tah-an-nah, his x mark, [L. S.]
- Mon-chu-ha, his x mark, [L. S.]
- Pe-ze-nin-ga, his x mark, [L. S.]
Yankton and Santees:
- Pitta-eu-ta-pishna, his x mark, [L. S.]
- Wash-ka-shin-ga, his x mark, [L. S.]
- Mon-to-he, his x mark, [L. S.]
- Wah-kan-teau, his x mark, [L. S.]
- E-ta-ze-pa, his x mark, [L. S.]
- Ha-che-you-ke-kha, his x mark, [L. S.]
- Wa-men-de-ah-wa-pe, his x mark, [L. S.]
- E-chunk-ca-ne, his x mark, [L. S.]
- Chu-we-a-teau, his x mark, [L. S.]
- Mah-pe-a-tean, his x mark, [L. S.]
- Wah-mun-de-cha-ka, his x mark, [L. S.]
- Pah-ha-na-jie, his x mark, [L. S.]
Witnesses:
- J. Varnum Hamilton, sutler U. S. Dragoons and acting secretary,
- William Steele,
- John A. Ewell,
- William J. Martin,
- Martin Dorion, his x mark.
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