Treaty with The Sauk and Foxes of Missouri
May 18, 1854
Articles of agreement and convention made and concluded
at the city of Washington this eighteenth day of May, one
thousand eight hundred and fifty-four, by George W. Manypenny,
commissioner on the part of the United States, and the following-named
delegates of the Sacs and foxes of Missouri, viz: Pe-to-o-ke-mah,
or Hard Fish; Mo-less or Wah-pe-nem-mah, or Sturgeon; Ne-son-quoit,
or Bear; Mo-ko- ho-ko, or Jumping Fish; and No-ko-what, or
Fox; they being thereto duly authorized by the said Sac and
Fox Indians.
Article 1.
The Sacs and Foxes of Missouri hereby cede, relinquish and
convey to the United States all their right, title and interest
in and to the country assigned to them by the treaty concluded
on the seventeenth day of September, one thousand eight hundred
and thirty-six, between William Clark, superintendent of Indian
affairs, on the part of the United States, and the Ioways
and Missouri Sacs and Foxes, being the lower half of the country
described in the second article thereof as "the small
strip of land on the south side of the Missouri River, lying
between the Kickapoo northern boundary-line and the Grand
Nemahaw River, and extending from the Missouri back and westwardly
with the said Kickapoo line and the Grand Nemahaw, making
four hundred sections; to be divided between the said Ioways
and Missouri band of Sacs and Foxes; the lower half to the
Sacs and Foxes, the upper half to the Ioways;" saving
and reserving fifty sections, of six hundred and forty acres
each, which shall be selected in the western part of the cession
by the delegates, parties hereto, and the agent for the tribe,
after their return home, and which shall be located in one
body and set off by metes and bounds: Provided, That the delegates
and agent can find such an amount of land in one body within
said specified section of country suitable to the wants and
wishes of the Indians. And it is further provided, That should
a suitable location, upon examination, to the full extent
of fifty sections not be found within said western part of
this cession, then the said delegates a d agent shall be permitted
to extend the location west or northwest of the country herein
ceded and south of the Great Nemahaw River, over so much of
the public domain, otherwise unappropriated, as shall make
up the deficiency; or to make a selection entirely beyond
the limits of the country herein ceded upon any lands of the
United States, not otherwise appropriated, lying as aforesaid
west or northwest of the ceded country and south of the Great
Nemahaw. And in either case they shall describe their selection,
which must be made within six months from the date hereof,
by metes and bounds, and transmit the description thereof
signed by said delegates and agent, to the Commissioner of
Indian Affairs; and thereupon the selection so made, shall
be taken and deemed as the future permanent home of the Sacs
and Foxes of Missouri. It is expressly understood that these
Indians shall claim under this article, no more than fifty
sections of land, and if that quantity or any portion thereof
shall be selected, as provided above, outside of the reservation
herein made, then said reservation or a quantity equal to
that which may be selected outside thereof, shall be and the
same is hereby, ceded, relinquished, and conveyed to the United
States.
Article 2.
In consideration of the cession and relinquishment made in
the preceding article, the United States agree to pay to the
Sacs and Foxes of Missouri, the sum of forty-eight thousand
dollars, in manner following, viz: Fifteen thousand dollars
in the month of October in each of the years one thousand
eight hundred and fifty-four and one thousand eight hundred
and fifty-five; ten thousand dollars in the same month of
the year one thousand eight hundred and fifty-six, and eight
thousand dollars in the same month of the year one thousand
eight hundred and fifty-seven; which several sums shall be
paid directly to the Indians, or otherwise, as the President
may deem advisable, for building houses, breaking and fencing
lands, purchasing stock, farming- implements, seeds, and such
other articles as may be necessary for their comfort and prosperity,
Article 3.
The President may cause to be surveyed, in the same manner
in which the public lands are surveyed, the reservation herein
provided for the Sacs and Foxes of Missouri, and may assign
to each person or family desiring it such quantity of land
as, in his opinion. will be sufficient for such person or
family, with the understanding that he or they will occupy,
improve, and cultivate the same, and comply with such other
conditions as the President may prescribe. The land thus assigned
may hereafter be confirmed by patent to the parties, or their
representatives, under such regulations and restrictions as
Congress may prescribe.
Article 4.
The said Indians reserve a tract of one section of land at
the site of their present farm and mill, and to include the
same; and if they desire it, said farm may be cultivated for
them for a term not exceeding two years - at the end of
which time, or sooner if the Indians request it, the said
tract and mill may be sold by the President to the highest
bidder, and upon payment being made a patent to issue to the
purchaser; the proceeds of the sale to be paid over to the
Indians with their other moneys.
Article 5.
At the request of the Indians, it is hereby agreed that the
Board of Foreign Missions of the Presbyterian Church shall
have a tract of one hundred and sixty acres of land, to be
selected by said board at a distance not exceeding two miles
in a westerly direction from the grant made to said board
at their mission by the Ioway Indians - and the President
is authorized to issue a patent for the same to such person
or persons as said board may designate.
Article 6.
The said Indians release the United States from all claims
or demands of any kind whatsoever arising, or which may hereafter
arise, under former treaties, and agree to remove within six
months after the ratification of this instrument, and to subsist
themselves, without cost to the United States. In consideration
of which release and agreement, the United States agree to
pay them the sum of five thousand dollars - three thousand
of which may be applied to the settlement of their affairs
preparatory to removal.
Article 7.
The invested fund provided by the second clause of the second
article of the treaty of twenty-first day of October, one
thousand eight hundred and thirty-seven, (being one hundred
and fifty-seven thousand four hundred dollars,) shall remain
with the United States at an annual interest of five per cent.,
which interest as it accumulates, shall be expended under
the direction of the President in such manner as he may deem
best for the interests of the Indians - and a like disposition
may be made of any unexpended balance of interest now on hand.
Article 8.
No part of the moneys hereby stipulated to be paid to the
Indians or for their benefit, or of their invested fund, shall
be applied to the payment of debts contracted by them in their
private dealings, as individuals, whether with traders or
otherwise.
Article 9.
It is agreed by said Indians that all roads and highways
laid out by authority of law, shall have right of way through
their reservation on the same terms as are provided by law
when roads and highways are made through lands of citizens
of the United States; and railroad companies, when the lines
of their roads necessarily pass through the lands of these
Indians, shall have right of way on the payment of a just
compensation therefor in money.
Article 10.
The said Indians promise to use their best efforts to prevent
the introduction and use of ardent spirits in their country;
to encourage industry, thrift and morality; and by every possible
means to promote their advancement in civilization. They desire
to be at peace with all men, and therefore bind themselves
to commit no depredation or wrong upon either Indians or citizens,
and whenever difficulties arise, to abide by the laws of the
United States in such cases made and provided, as they expect
to be protected and to have their own rights vindicated by
them.
Article 11.
The object of these articles of agreement and convention
being to advance the true interests of the Sac and Fox Indians,
it is agreed should they prove insufficient, from causes which
cannot now be foreseen, to effect these ends, that the President
may, by and with the advice and consent of the Senate, adopt
such policy in the management of their affairs, as in his
judgment may be most beneficial to them; or Congress may hereafter
make such provisions by law, as experience shall prove to
be necessary.
Article 12.
This instrument shall be obligatory on the contracting parties
whenever the same shall be ratified by the President and the
Senate of the United States.
In testimony whereof the said George W. Manypenny, commissioner
aforesaid and the delegates of the Sacs and Foxes of Missouri,
have hereunto set their hands and seals at the place, and
on the day and year first above written.
- George W. Manypenny, Commissioner. [L. S.]
- Pe-to-o-ke-mah, or Hard Fish, his x mark. [L. S.]
- Mo-less or Wah-pe-nem-mah, or Sturgeon, his x mark. [L. S.]
- Ne-son-quoit, or Bear, his x mark. [L. S.]
- Mo-ko-ho-ko, or Jumping Fish, his x mark. [L. S.]
- No-ko-what, or Fox, his x mark. [L. S.]
Executed in presence of -
- Charles Calvert.
- John West.
- Wm. B. Waugh.
- D. Vanderslice, Indian agent.
- Peter Cadue, his x mark, United States interpreter.
- Wm. B. Waugh, witness to signing of Peter Cadue.
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