Treaty with The Pawnee Tribe
September 30, 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 Pawnee
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 said Pawnee 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 Pawnee 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 Pawnee 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 Pawnee 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 Pawnee 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 Pawnee 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 Pawnee 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 purpose 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 Pawnee tribe, shall 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, complaints 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 Pawnee 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 guaranty 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 Pawnee 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 thirtieth 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 Pawnee 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.]
- Esh-ca-tar-pa, the bad chief, his x mark, [L. S.]
- Shar-co-ro-la-shar, the sun chief, his x mark, [L. S.]
- La-cota-ve-co-cho-la-shar, the eagle chief, his x mark, [L. S.]
- La-tah-carts-la-shar, the war eagle chief, his x mark, [L. S.]
- La-ta-le-shar, the knife chief, his x mark, [L. S.]
- Scar-lar-la-shar, the man chief, his x mark, [L. S.]
- La-ke-tar-la-shar, the partizan chief, his x mark, [L. S.]
- Lark-tar-ho-ra-la-shar, the pipe chief, his x mark, [L. S.]
- Esh-ca-tar-pa, the bad chief, republican band, his x mark, [L. S.]
- Co-rouch-la-shar, the bear chief, his x mark, [L. S.]
- Ah-sha-o-ah-lah-co, the dog chief, his x mark, [L. S.]
- La-ho-rah-sha-rete, the man who strikes men, his x mark, [L. S.]
- Tah-rah-re-tah-coh-sha, the singing crow, his x mark, [L. S.]
- Lah-ro-wah-go, the hill chief, his x mark, [L. S.]
- Ta-rah-re-tah-nash, the big horse stealer, his x mark, [L. S.]
- La-shar-pah-he, the tranquil chief, his x mark, [L. S.]
- Ah-re-cah-rah-co-chu, the mad elk, his x mark, [L. S.]
- Ta-lah-re-ta-ret, the partizan that strikes and carries his bird on his back, his x mark, [L. S.]
- Ta-lah-re-we-tail, the crow that strikes, his x mark, [L. S.]
- Lo-lah-re-wah, the horse stealer who suffers his prize to be retaken, his x mark, [L. S.]
- Ta-hah-lah-re-esh-lah, the handsome bird, his x mark, [L. S.]
- Ah-sho-cole, the rotten foot, his x mark, [L. S.]
- Ah-shar-o-ca-tah-co, the poor man, his x mark, [L. S.]
- Cha-nuck-cah-lah, the partizan that strikes, his x mark, [L. S.]
- Ta-lah-we-cah-wah-re, the man that is always at war, his x mark, [L. S.]
In presence of -
- A. L. Langham, secretary to the commission.
- A. R. Woolley, lieutenant-colonel, U. S. Army.
- John Gale, surgeon, U. S. Army.
- John Gantt, captain, Sixth infantry.
- S. MacRee, aide de camp.
- Thomas Noel, adjutant, Sixth regiment.
- J. Rogers, lieutentant, Sixth infantry.
- R. Holmes, lieutenant, Sixth infantry.
- M. W. Batman, lieutenant, Sixth infantry.
- J. Nichols, lieutenant, Sixth infantry.
- W. W. Eaton, lieutenant, Sixth infantry.
- G. H. Kennerly U. S. S. Indian agent.
- A. L. Papin.
- William Rodgers.
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