Treaty with The Sauk and Foxes
February 18, 1867
Articles of agreement made and concluded this eighteenth
day of February, one thousand eight hundred and sixty-seven,
between the United States, represented by Lewis V. Bogy, Commissioner
of Indian Affairs; William H. Watson, special commissioner;
Thomas Murphy, superintendent of Indian Affairs for Kansas;
and Henry W. Martin, United States Indian agent, duly authorized,
and the tribes of Sacs and Foxes of the Mississippi, represented
by Keokuk, Che-kus-kuk, Uc-quaw-ho-ko, Mut-tut-tah, and Man-ah-to-wah,
chiefs of said tribes.
Article 1.
The Sacs and Foxes of the Mississippi cede to the Government
of the United States all the lands, with the improvements
thereon, contained in their unsold portion of their diminished
reserve defined in the first article of their treaty ratified
July ninth, one thousand eight hundred and sixty, (the said
tract containing about eighty-six thousand and four hundred
acres, and being more particularly described by the survey
and plats on file in the Department of the Interior,) except
as reserved in previous treaties, or in this treaty.
Article 2.
The said Indians also cede to the United States a full and
complete title to the land, with the improvements thereon,
now remaining unsold in that portion of their old reservation
provided by article four of the treaty of July ninth, one
thousand eight hundred and sixty, to be sold by the Government
for their benefit, the cession herein made being subject to
the exceptions defined in this treaty.
Article 3.
The United States agree to pay to the Sac and Fox Indians,
parties to this treaty, at the rate of one dollar an acre
for the whole of the land ceded in the two preceding sections,
being about one hundred and fifty-seven thousand acres of
land, less the amount of land set apart for individuals; and
further agree to pay the outstanding indebtedness of the said
tribe, now represented by scrip issued under the provisions
of previous treaties, and amounting, on the first of November,
eighteen hundred and sixty-five, to twenty-six thousand five
hundred and seventy-four dollars, besides the interest thereon:
out of the proceeds of the sale of lands ceded in this treaty,
and the amount herein provided to be paid to said Indians,
after deducting such sums as, under the provisions of this
treaty, are to be expended for their removal, subsistence,
and establishing them in their new country, shall be added
to their invested funds, and five per cent. interest paid
thereon in the same manner as the interest of their present
funds is now paid.
Article 4.
At any time after the ratification of this treaty, the lands
ceded in the first article shall be held and considered at
the disposal of the United States, except that, until the
time for the removal of the Indians is fixed by public notice,
under the provisions of this treaty, no interference shall
be made with the rights of the Indians as the occupants of
the lands, but they shall remain in all respects without molestation,
in the same manner as if this treaty had not been made: And
provided further, That inasmuch as there are valuable improvements
upon said reservation, such improvements shall be appraised
under the direction of the Secretary of the Interior, and
the appraised value of the same shall be paid to the United
States, before title is given to any individual or corporation
for the lands upon which such improvements are situated.
Article 5.
The lands ceded in the second article of this treaty, being
the unsold remainder of the lands provided in the fourth article
of the treaty of July ninth, one thousand eight hundred and
sixty, to be sold in trust for said Indians, shall, immediately
upon the ratification of this treaty, become the property
of the United States, and shall be open to entry and settlement,
and the lands in the second article ceded, as well as those
ceded in the first article, shall be subject to all the laws
and regulations of the General Land-Office the same as other
public lands, except as relates to the provisions in the next
preceding article relating to the time when they shall be
open for settlement, and the requirement of payment for the
improvements; and should there be any improvements upon the
land ceded in the second article, they shall be appraised,
and payment shall be required therefor: Provided, That such
lands shall be subject to sale, in tracts of not exceeding
one hundred and sixty acres to any one person, and at a price
not less than one dollar and fifty cents per acre.
Article 6.
The United States agree, in consideration of the improvements
upon the said reservation, to give to the Sacs and Foxes for
their future home a tract of land in the Indian country south
of Kansas, and south of the Cherokee lands, not exceeding
seven hundred and fifty square miles in extent. The selection
of such new reservation shall be made under the direction
of the Secretary of the Interior, and with his approval, by
commissioners appointed by the said Secretary, who shall visit
the Indian country, with delegations from all the tribes proposing
to remove thereto, as soon as practicable after the ratification
of this treaty; and said reservation shall be surveyed as
to its exterior lines, at the cost of the United States, under
the direction of the Commissioner of Indian Affairs, not to
exceed three thousand dollars: Provided, That if it shall
be found impracticable to select a suitable home for the tribe
except by purchase from the Cherokees, the United States will
pay toward the said purchase the same amount that would have
been payable to the Creeks if the reservation had been selected
upon the former Creek lands; and in that case the balance
of the money payable to the Cherokees shall be deducted from
the amount due the Sacs and Foxes under this treaty.
Article 7.
As soon as practicable after the selection of the new reservation
herein provided for, there shall be erected thereon, at the
cost of the United States, a dwelling-house for the agent
of the tribe, a house and shop for a blacksmith, and dwelling-house
for a physician, the aggregate cost of which shall not exceed
ten thousand dollars; and also, at the expense of the tribe,
five dwelling-houses for the chiefs, to cost in all not more
than five thousand dollars.
As soon as practicable after such selection of a reservation
as it may, in the discretion of the Secretary of the Interior,
be deemed advisable for the Indians to remove thereto, regard
being had to the proper season of the year for such removal,
notice shall be given to their agent, directing such removal;
and whenever such time shall be fixed, public notice thereof
shall be given in three leading newspapers of Kansas, and
thereafter the land ceded to the United States by the first
article of this treaty, shall be open to entry and settlement
under the provisions of the fourth article.
Article 8.
No part of the invested funds of the tribe, or of any moneys
which may be due to them under the provisions of previous
treaties, nor of any moneys provided to be paid to them by
this treaty, shall be used in payment of any claims against
the tribe accruing previous to the ratification of this treaty
unless herein expressly provided for.
Article 9.
In order to promote the civilization of the tribe, one section
of land, convenient to the residence of the agent, shall be
selected by said agent, with the approval of the Commissioner
of Indian Affairs, and set apart for a manual-labor school;
and there shall also be set apart, from the money to be paid
to the tribe under this treaty, the sum of ten thousand dollars
for the erection of the necessary school-building and dwelling
for teacher, and the annual amount of five thousand dollars
shall be set apart from the income of their funds after the
erection of such school-buildings, for the support of the
school; and after settlement of the tribe upon their new reservation,
the sum of five thousand dollars of the income of their funds
may be annually used, under the direction of the chiefs, in
the support of their national government, out of which last-mentioned
amount the sum of five hundred dollars shall be annually paid
to each of the chiefs.
Article 10.
The United States agree to pay annually, for five years after
the removal of the tribe, the sum of fifteen hundred dollars
for the support of a physician and purchase of medicines,
and also the sum of three hundred and fifty dollars annually
for the same time, in order that the tribe may provide itself
with tobacco and salt.
Article 11.
In consideration of certain improvements made by John Goodell
upon the lands of the nation within their present reservation,
and of his services as their interpreter, he shall be allowed
to select therefrom a half section of land; and it is further
provided that of said land, Sarah A. Whistler and Pash-e-ca-cah,
or Amelia Mitchell, shall each be allowed to select a half
section of land, the latter selection to include the house
in which she lives; and Julia A. Goodell one quarter section,
besides the land, not exceeding eight acres, upon which her
house and improvements are situated; and Mary A. Means, one
quarter section, to includ[e] the improvements occupied by
her; and there shall also be allowed to Antoine Gokey and
William Avery, each one hundred and sixty acres, to Leo Whistler
and Gertrude Whistler, each three hundred and twenty acres,
and to James Thorpe, Virginia Thorpe, and Cassandra Thorpe,
Thomas J. Miles, Hattie Miles, Ema-Ke-O-Kuck, Hannie Ke-O-Kuck,
Mo-Co-P-quah, each eighty acres; Man-a-tah, Pah-me-che-kaw-paw,
Henry Jones, Wilson McKinney, and Carrie C. Capper, each one
hundred and sixty acres, to be selected from unimproved lands:
Provided, That the parties herein named shall pay to the Secretary
of the Interior, within three months after the ratification
of this treaty, the sum of one dollar per acre for said lands,
the avails of which shall be used for the benefit of the Sacs
and Foxes in the same manner as the other funds arising from
the sales of their lands: Provided also, That George Powers,
the present Government interpreter, for valuable services
rendered and uniform kindness toward the nation, shall have
patented to him, in fee-simple, three hundred and twenty acres
of land, to be located by the agent: Provided also, That they
may select from land upon which improvements exist, by paying
the appraised value of such improvements; but no selection
shall include the agency, mission, or mill buildings; and
upon the approval by the Secretary of the Interior of such
selections, and on payment therefor as hereinbefore provided,
patents in fee-simple shall be issued to the respective parties,
their heirs or assigns.
Article 12.
In consideration of the faithful services of Samuel Black
in protecting their houses and timber from trespass and depredation,
there shall be patented to him in fee-simple the tract of
land upon which he lives, being the west half of the northwest
quarter-section four, town[ship] seventeen, range sixteen.
Article 13.
John K. Rankin, licensed traders, having erected valuable
building at the agency, it is agreed that [he] may have a
patent for the land, not exceeding eight acres, upon which
such improvements are built, and not to include any other
improvements, on the payment of two dollars and fifty cents
per acre.
Article 14.
The Sacs and Foxes, parties to this treaty, agree that the
Sacs and Foxes of Missouri, if they shall so elect, with the
approval of the Secretary of the Interior, may unite with
them and become a part of their people, upon their contributing
to the common fund such a portion of their funds as will place
them on an equal footing in regard to annuities.
Article 15.
The claims of the Sacs and Foxes against the United States
for stealing of stock, which have heretofore been adjusted,
amounting to sixteen thousand four hundred dollars, shall
be paid by the United States, and the amount disbursed and
expended for the benefit of the tribe in such objects for
their improvement and comfort upon the new reservation as
the chiefs, through their agent, shall desire; and whereas
the Indians claim that one full payment due under previous
treaty has never been made to them, it is agreed that a careful
examination of the books of the Commissioner of Indian Affairs
shall be made, and if any sum is found to be still due and
unpaid, the same shall be paid to them per capita in the same
manner as their annuities are paid.
Article 16.
The United States will advance to the said tribe of Indians
the sum of twenty thousand dollars, or so much thereof as
may be necessary, to pay the expenses of their subsistence
for the first year after their arrival at their new home in
the Indian country, and to pay the necessary expenses of removal,
and furnish necessary rations for the journey during such
removal; said removal to be made under direction of the superintendent
or agent, to be designated by the Secretary of the Interior;
the moneys thus expended to be deducted from the whole amount
provided to be paid for their lands herein ceded.
Article 17.
It is hereby provided that the half-breeds and full-bloods
of the tribe, who were entitled to selections of land under
the Sac and Fox treaty, ratified July ninth, one thousand
eight hundred and sixty, and which selections have been approved
by the Secretary of the Interior, shall be entitled to patents
in fee-simple for the lands heretofore selected, according
to the schedule annexed to this treaty: Provided, That where
such selections have been made and the allottees have sold
their lands for a valuable consideration, not less than one
dollar and twenty-five cents per acre, the Secretary of the
Interior shall, upon full proof being made, cause patents
to issue to the purchasers or their assigns.
Article 18.
All sales hereafter made by or on behalf of persons to whom
lands are assigned in this treaty shall receive the approval
of the Secretary of the Interior before taking effect in conveying
titles to lands so sold.
Article 19.
The United States agree to pay the expenses of negotiating
this treaty, not to exceed the sum of fifteen hundred dollars.
Article 20.
The chiefs and head-men of the Sacs and Foxes having permitted
their employees to cultivate farms, which, together with the
farms of Ke-o-kuck and other chiefs, are embraced within an
area two miles by four, and the said Sacs and Foxes believing
that the lands comprising the said area having been made valuable
by reason of said occupancy, and in order that they may receive
a fair compensation for said area of land, bounded and described
as follows, except as heretofore specially excepted, and the
mill and mission building, to wit: commencing at the northwest
corner of section thirty-three, township sixteen, range seventeen,
thence east two and a quarter (2 ¼) miles to the reservation
line; thence south along said line four miles; thence west
two and a fourth (2 ¼) miles to the southwest corner
of section sixteen, township seventeen, range seventeen; thence
north along the section line to the place of beginning, are
hereby withdrawn from sale, as is provided for the sale of
their lands in this treaty, and the said area of land, as
above described, shall be sold by the chiefs and agent for
the tribe at the best price obtainable; and they are hereby
empowered to make warrantee deeds for the same, subject to
the approval of the Secretary of the Interior, at not less
than two dollars per acre in addition to the appraised value
of the improvements. The avails of said lands shall be expended
by the agent, under the direction of the chiefs, for the benefit
of the nation.
Article 21.
The Sacs and Foxes of the Mississippi, parties to this agreement,
being anxious that all the members of their tribe shall participate
in the advantages to be derived from the investment of their
national funds, sales of lands, and so forth, it is therefore
agreed that, as soon as practicable, the Commissioner of Indian
Affairs shall cause the necessary proceedings to be adopted,
to have such members of the tribe as may be absent notified
of this agreement and its advantages, and to induce them to
come in and permanently unite with their brethren; and that
no part of the funds arising from or due the nation under
this or previous treaty stipulations shall be paid to any
bands or parts of bands who do not permanently reside on the
reservation set apart to them by the Government in the Indian
Territory, as provided in this treaty, except those residing
in the State of Iowa; and it is further agreed that all money
accruing from this or former tribes, [treaties,] now due or
to become due said nation, shall be paid them on their reservation
in Kansas; and after their removal, as provided in this treaty,
payments shall be made at their agency, on their lands as
then located.
List of Sac and Fox lands selected for individuals referred
to in Article XVII of the above treaty, selected by Perry
Fuller, agent.
| Names of persons. |
Description of land. |
Sec[tion.] |
Town[ship.] |
Range |
| Alvira Connolly |
S. ½ NW. ¼ |
5 |
17 |
18 |
| Alvira Connolly |
SW. ¼ |
5 |
17 |
18 |
| Alvira Connolly |
N. ½ NW.¼ |
8 |
17 |
18 |
| Alexander Connolly |
E. ½ |
4 |
17 |
18 |
| Cordelia Connolly |
E. ½ |
35 |
16 |
17 |
| Isaac Goodell |
W. ½ |
3 |
17 |
18 |
| Kish-Kah-Iwah |
S. ½ |
16 |
17 |
18 |
| Mary I. Thorp |
E. ½ |
12 |
17 |
17 |
| Hiram P. Thorp |
E. ½ |
1 |
17 |
17 |
| Francis A. Thorp |
W. ½ |
6 |
17 |
18 |
| Amelia McPherson |
W. ½ |
1 |
17 |
17 |
| Sarah A. Whistler |
SW. ¼ |
34 |
16 |
18 |
| Sarah A. Whistler |
SW. ¼ SW. ¼ |
35 |
16 |
18 |
| Sarah A. Whistler |
W. ½ NW. ¼ |
2 |
17 |
18 |
| Sarah A. Whistler |
NW. ¼ SW. ¼ |
2 |
17 |
18 |
| Julia A. Goodell |
N. ½ |
21 |
17 |
18 |
| Susan J. Goodell |
E. ½ |
3 |
17 |
18 |
| John Goodell, jr |
E. ½ |
17 |
17 |
18 |
| Jane Goodell |
NE. ¼ |
10 |
17 |
18 |
| Jane Goodell |
NW. ¼ NW. ¼ |
10 |
17 |
18 |
| Jane Goodell |
E. ½ NW. ¼ |
10 |
17 |
18 |
| Jane Goodell |
NW. ¼ NW. ¼ |
11 |
17 |
18 |
| Mary A. Byington |
E. ½ NE. ¼ |
9 |
17 |
18 |
| Mary A. Byington |
E. ½ SE. ¼ |
9 |
17 |
18 |
| Mary A. Byington |
W. ½ SW. ¼ |
10 |
17 |
18 |
| Mary A. Byington |
SW. ¼ NW. ¼ |
10 |
17 |
18 |
| Mary A. Byington |
NE. ¼ NE. ¼ |
16 |
17 |
18 |
| Margaret Miles |
W. ½ |
4 |
17 |
18 |
| Thomas J. Connolly |
SW. ¼ SE. ¼ |
9 |
17 |
18 |
| Thomas J. Connolly |
SE. ¼ NE. ¼ |
16 |
17 |
18 |
| Thomas J. Connolly |
W. ½ NE. ¼ |
16 |
17 |
18 |
| Thomas J. Connolly |
NW. ¼ |
16 |
17 |
18 |
| Charles T. Connolly |
E. ½ NW. ¼ |
9 |
17 |
18 |
| Charles T. Connolly |
W. ½ NE. ¼ |
9 |
17 |
18 |
| Charles T. Connolly |
NW. ¼ SE. ¼ |
9 |
17 |
18 |
| Charles T. Connolly |
SE. ¼ SW. ¼ |
9 |
17 |
18 |
| Charles T. Connolly |
S. ½ SW. ¼ |
9 |
17 |
18 |
| The following were selected by C. C. Hutchinson: |
| Kaw-Kol-we-nah |
E. ½ |
2 |
17 |
17 |
| George Powers |
NE. ¼ |
8 |
17 |
18 |
| George Powers |
S. ½ NW. ¼ |
8 |
17 |
18 |
| George Powers |
N. ½ SW. ¼ |
8 |
17 |
18 |
| Joseph Gokey |
W. ½ SE. ¼ |
21 |
17 |
18 |
| Joseph Gokey |
N. ½ NW. ¼ |
28 |
17 |
18 |
| Joseph Gokey |
SW. ¼ NW. ¼ |
28 |
17 |
18 |
| Joseph Gokey |
NW. ½ NE. ¼ |
28 |
17 |
18 |
| Joseph Gokey |
W. ½ SE. ¼ |
29 |
17 |
18 |
| Met-tach-ah-pack-o tah |
E. ½ |
7 |
17 |
18 |
| Mack-oh-tach-o-quit |
W. ½ |
7 |
17 |
18 |
In testimony whereof, the parties hereinbefore named have
hereunto set their hands and seals the day and year first
above mentioned.
- Lewis V. Bogy, [SEAL.] Commissioner of Indian Affairs.
- W. H. Watson, [SEAL.] Special Commissioner.
- Thos. Murphy, [SEAL.] Superintendent of Indian Affairs.
- Henry W. Martin, [SEAL.]
- United States Indian agent.
- Keokuk, his x mark. [SEAL.]
- Chekuskuk, his x mark. [SEAL.]
- Uc-quaw-ho-ko, his x mark. [SEAL.]
- Mut-tut-tah, his x mark. [SEAL.]
- Man-ah-to-wah, his x mark. [SEAL.]
In presence of-
- Antoine Gokey, his x mark,
- United States interpreter.
- Charles E. Mix.
- Thos. E. McGraw.
- Wm. Whistler.
- C. H. Norris.
- Vital Jarrot.
- G. P. Beauvais.
- H. W. Farnsworth.
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