Treaty with The Pawnee
September 24, 1857
Articles of agreement and convention made this twenty-fourth
day of September, A. D. 1857, at Table Creek, Nebraska Territory,
between James W. Denver, commissioner on behalf of the United
States, and the chiefs and head-men of the four confederate
bands of Pawnee Indians, viz: Grand Pawnees, Pawnee Loups,
Pawnee Republicans, and Pawnee Tappahs, and generally known
as the Pawnee tribe.
Article 1.
The confederate bands of the Pawnees aforesaid, hereby cede
and relinquish to the United States all their right, title,
and interest in and to all the lands now owned or claimed
by them, except as hereinafter reserved, and which are bounded
as follows. viz: On the east by the lands lately purchased
by the United States from the Omahas; on the south by the
lands heretofore ceded by the Pawnees to the United States;
on the west by a line running due north from the junction
of the North with the South Fork of the Platte River, to the
Keha-Paha River; and on the north by the Keha-Paha River,
to its junction with the Niobrara, L'eauqi Court, or
Running-Water River, and thence, by that river, to the western
boundary of the late Omaha cession. Out of this cession the
Pawnees reserve a tract of country, thirty miles long from
east to west, by fifteen miles wide from north to south, including
both banks of the Loup Fork of the Platte River; the east
line of which shall be at a point not further east than the
mouth of Beaver Creek. If, however, the Pawnees, in conjunction
with the United States agent, shall be able to find a more
suitable locality for their future homes, within said cession,
then, they are to have the privilege of selecting an equal
quantity of land there, in lieu of the reservation herein
designated, all of which shall be done as soon as practicable;
and the Pawnees agree to remove to their new homes, thus reserved
for them, without cost to the United States, within one year
from the date of the ratification of this treaty by the Senate
of the United States, and, until that time, they shall be
permitted to remain where they are now residing, without molestation.
Article 2.
In consideration of the foregoing cession, the United States
agree to pay to the Pawnees the sum of forty thousand dollars
per annum, for five years, commencing on the first day of
January, A. D. eighteen hundred and fifty-eight; and, after
the end of five years, thirty thousand dollars per annum,
as a perpetual annuity, at least one-half of which annual
payments shall be made in goods, and such articles as may
be deemed necessary for them.
And it is further agreed that the President may, at any time,
in his discretion, discontinue said perpetuity, by causing
the value of a fair commutation thereof to be paid to, or
expended for the benefit of, said Indians, in such manner
as to him shall seem proper.
Article 3.
In order to improve the condition of the Pawnees, and teach
them the arts of civilized life, the United States agree to
establish among them, and for their use and benefit, two manual-labor
schools, to be governed by such rules and regulations as may
be prescribed by the President of the United States, who shall
also appoint the teachers, and, if he deems it necessary,
may increase the number of schools to four. In these schools,
there shall be taught the various branches of a common-school
education, and, in addition, the arts of agriculture, the
most useful mechanical arts. and whatever else the President
may direct. The Pawnees, on their part, agree that each and
every one of their children, between the ages of seven and
eighteen years, shall be kept constantly at these schools
for, at least, nine months in each year; and if any parent
or guardian shall fail, neglect, or refuse to so keep the
child or children under his or her control at such school,
then, and in that case, there shall be deducted from the annuities
to which such parent or guardian would be entitled, either
individually or as parent or guardian, an amount equal to
the value, in time, of the tuition thus lost; but the President
may at any time change or modify this clause as he may think
proper. The chiefs shall be held responsible for the attendance
of orphans who have no other guardians; and the United States
agree to furnish suitable houses and farms for said schools,
and whatever else may be necessary to put them in successful
operation; and a sum not less than five thousand dollars per
annum shall be applied to the support of each school, so long
as the Pawnees shall, in good faith, comply with the provisions
of this article; but if, at any time, the President is satisfied
they are not doing so, he may, at his discretion, discontinue
the schools in whole or in part.
Article 4.
The United States agree to protect the Pawnees in the possession
of their new homes. The United States also agree to furnish
the Pawnees:
First, with two complete sets of blacksmith, gunsmith, and
tinsmith tools, not to exceed in cost seven hundred and fifty
dollars; and erect shops at a cost not to exceed five hundred
dollars; also five hundred dollars annually, during the pleasure
of the President, for the purchase of iron, steel, and other
necessaries for the same. The United States are also to furnish
two blacksmiths, one of whom shall be a gunsmith and tinsmith;
but the Pawnees agree to furnish one or two young men of their
tribe to work constantly in each shop as strikers or apprentices,
who shall be paid a fair compensation for their labor.
Second. The United States agree to furnish farming utensils
and stock, worth twelve hundred dollars per annum, for ten
years, or during the pleasure of the President, and for the
first year's purchase of stock, and for erecting shelters
for the same, an amount not exceeding three thousand dollars,
and also to employ a farmer to teach the Indians the arts
of agriculture.
Third. The United States agree to have erected on said reservation
a steam-mill, suitable to grind grain and saw lumber, which
shall not exceed in cost six thousand dollars, and to keep
the same in repair for ten years; also, to employ a miller
and engineer for the same length of time, or longer, at the
discretion of the President; the Pawnees agreeing to furnish
apprentices, to assist in working the mill, who shall be paid
a fair compensation for their services.
Fourth. The United States agree to erect dwelling-houses
for the interpreter, blacksmiths, farmer, miller and engineer,
which shall not exceed in cost five hundred dollars each;
and the Pawnees agree to prevent the members of their tribe
from injuring or destroying the houses, shops, machinery,
stock farming utensils, and all other things furnished by
the Government, and if any such shall be carried away, injured,
or destroyed, by any of the members of their tribe, the value
of the same shall be deducted from the tribal annuities. Whenever
the President shall become satisfied that the Pawnees have
sufficiently advanced in the acquirement of a practical knowledge
of the arts and pursuits to which this article relates, then,
and in that case, he may turn over the property to the tribe,
and dispense with the services of any or all of the employees
herein named.
Article 5.
The Pawnees 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, nor on that of any other
person belonging to any tribe or nation at peace with the
United States. And should any one or more of them 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.
Article 6.
The United States agent may reside on or near the Pawnee
reservation; and the Pawnees agree to permit the United States
to build forts and occupy military posts on their lands, and
to allow the whites the right to open roads through their
territories; but no white person shall be allowed to reside
on any part of said reservation unless he or she be in the
employ of the United States, or be licensed to trade with
said tribe, or be a member of the family of such employé
or licensed trader; nor shall the said tribe, or any of them,
alienate any part of said reservation, except to the United
States; but, if they think proper to do so, they may divide
said lands among themselves, giving to each person, or each
head of a family, a farm, subject to their tribal regulations,
but in no instance to be sold or disposed of to persons outside,
or not themselves of the Pawnee tribe.
Article 7.
The United States agree to furnish, in addition to the persons
heretofore mentioned, six laborers for three years, but it
is expressly understood that while these laborers are to be
under the control, and subject to the orders, of the United
States agent, they are employed more to teach the Pawnees
how to manage stock and use the implements furnished, than
as merely laboring for their benefit; and for every laborer
thus furnished by the United States, the Pawnees engage to
furnish at least three of their tribe to work with them, who
shall also be subject to the orders of the agent, and for
whom the chiefs shall be responsible.
Article 8.
The Pawnees agree to deliver up to the officers of the United
States all offenders against the treaties, laws, or regulations
of the United States, whenever they may be found within the
limits of their reservation; and they further agree to assist
such officers in discovering, pursuing, and capturing any
such offender or offenders, anywhere, whenever called on so
to do; and they agree, also. that, if they violate any of
the stipulations contained in this treaty, the President may,
at his discretion, withhold a part, or the whole, of the annuities
herein provided for.
Article 9.
The Pawnees desire to have some provision made for the half-breeds
of their tribe. Those of them who have preferred to reside,
and are now residing, in the nation, are to be entitled to
equal rights and privileges with other members of the tribes,
but those who have chosen to follow the pursuits of civilized
life, and to reside among the whites, viz: Baptiste Bayhylle,
William Bayhylle, Julia Bayhylle, Frank Tatahyee, William
Nealis, Julia Nealis, Catharine Papan, Politte Papan, Rousseau
Papan, Charles Papan, Peter Papan, Emily Papan, Henry Geta,
Stephen Geta, James Cleghorn, Eliza Deroine, are to be entitled
to scrip for one hundred and sixty acres, or one quarter section,
of land for each, provided application shall be made for the
same within five years from this time, which scrip shall be
receivable at the United States land-offices, the same as
military bountyland warrants, and be subject to the same rules
and regulations.
Article 10.
Samuel Allis has long been the firm friend of the Pawnees,
and in years gone by has administered to their wants and necessities.
When in distress, and in a state of starvation, they took
his property and used it for themselves, and when the small
pox was destroying them, he vaccinated more than two thousand
of them; for all these things, the Pawnees desire that he
shall be paid, but they think that the Government should pay
a part. It is, therefore, agreed that the Pawnees will pay
to said Allis one thousand dollars, and the United States
agree to pay him a similar sum of one thousand dollars, as
a full remuneration for his services and losses.
Article 11.
Ta-ra-da-ka-wa, head-chief of the Tappahs band, and four
other Pawnees, having been out as guides for the United States
troops, in their late expedition against the Cheyennes, and
having to return by themselves, were overtaken and plundered
of everything given them by the officers of the expedition,
as well as their own property, barely escaping with their
lives; and the value of their services being fully acknowledged,
the United States agree to pay to each of them one hundred
dollars, or, in lieu thereof, to give to each a horse worth
one hundred dollars in value.
Article 12.
To enable the Pawnees to settle any just claims at present
existing against them, there is hereby set apart, by the United
States, ten thousand dollars, out of which the same may be
paid, when presented, and proven to the satisfaction of the
proper department; and the Pawnees hereby relinquish all claims
they may have against the United States under former treaty
stipulations.
In testimony whereof, the said James W. Denver, Commissioner,
as aforesaid, and the undersigned, chiefs and head-men of
the four confederate bands of Pawnee Indians, have hereunto
set their hands and seals, at the place and on the day and
year hereinbefore written.
- James W. Denver, U. S. Commissioner.
Grand Pawnees:
- Pe-ta-na-sharo, or the Man and the Chief, his x mark. [L. S.]
- Sa-ra-cherish, the Cross Chief, his x mark. [L. S.]
- Te-ra-ta-puts, he who Steals Horses, his x mark. [L. S.]
- Le-ra-kuts-a-nasharo, the Grey Eagle Chief, his x mark. [L. S.]
Pawnee Loups:
- La-le-ta-ra-nasharo, the Comanche Chief, his x mark. [L. S.]
- Te-ste-de-da-we-tel, the Man who Distributes the Goods, his x mark. [L. S.]
- Le-ta-kuts-nasharo, the Grey Eagle Chief, his x mark. [L. S.]
- A-sa-na-sharo, the Horse Chief, his x mark. [L. S.]
Pawnee Republicans:
- Na-sharo-se-de-ta-ra-ko, the one the Great Spirit smiles on, his x mark. [L. S.]
- Na-sharo-cha-hicko, a Man, but a Chief, his x mark. [L. S.]
- Da-lo-le-kit-ta-to-kah, the Man the Enemy steals from, his x mark. [L. S.]
- Da-lo-de-na-sharo, the Chief like an Eagle, his x mark. [L. S.]
Pawnee Tappahs:
- Ke-we-ko-na-sharo, the Buffalo Bull Chief, his x mark. [L. S.]
- Na-sharo-la-da-hoo, the Big Chief, his x mark. [L. S.]
- Na-sharo, the Chief, his x mark. [L. S.]
- Da-ka-to-wa-kuts-o-ra-na-sharo, the Hawk Chief, his x mark. [L. S.]
Signed and sealed in presence of -
- Wm. W. Dennison, United States Indian Agent.
- A. S. H. White, secretary to commissioner.
- N. W. Tucker,
- Will. E. Harvey,
- O. H. Irish,
- Samuel Allis, interpreter
- J. Sterling Morton.
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