Treaty with The Sauk and Foxes etc
March 6, 1861
Articles of agreement and convention made and concluded
at the office of the Great Nemaha agency, Nebraska Territory,
on the sixth day of March, A. D. one thousand eight hundred
and sixty-one, by and between Daniel Vanderslice, U. S. Indian
agent, on the part of the United States, and the following-named
delegates of the Sacs and Foxes of Missouri, viz: Pe-ta-ok-a-ma,
Ne-sour-quoit, Mo-less, and Se-se-ah-kee; and the following-named
delegates of the Iowa tribe, riz: No-heart, Nag-ga-rash, Mah-hee,
To-hee, Tah-ra-kee, Thur-o-mony, and White Horse; they being
duly authorized thereto by their respective tribes.
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 lands within their present reservation, described
as follows, viz: beginning at the mouth of the south fork
of the Great Nemaha River, and thence up the southwest bank
of the Great Nemaha, with its meanders, to the mouth of the
west fork; thence up the west fork, with its meanders, to
the line of the 40° of parallel on the west bank of creek
or fork where is established the southwest corner of the Sac
and Fox reserve, by erecting a stone monument, from which
the following references bear, viz: A large cottonwood tree,
three feet in diameter, bear S. 44° 00' E. 1.05 chains;
a rock bears N. 30° 00' W. 50 links; another rock bears
N. 50° 00' west 50 links; and another rock bears due north
one chain; thence east along the line of the 40° of parallel
to the west bank of the south fork of the Great Nemaha River,
distance fourteen miles twenty-seven chains and sixty links,
where is established the southeast corner of the Sac and Fox
reserve, by erecting a stone pile with a black walnut post
in the center of it, from which a white elm, two feet in diameter,
bears S. 33° 00' E. 22 links, and marked with the letters
S. E. Cor. for the southeast corner, and another elm, 18 inch[e]s
in diameter, bears S. 39° 00' E. 1.05 chains, and marked
SE C B SE., for the southeast corner, bearing, and distance;
and another black walnut, 9 inch[e]s in diameter, bears S.
15° 00' E. 85 links, and thence down the south fork, with
its meanders, to the point of beginning, estimated to contain
32,098 acres, 3 roods and 35 perches.
Article 2.
The aforesaid lands shall be surveyed in conformity with
the system governing the survey of the public lands: and the
same shall be sold, under the direction of the Secretary of
the Interior, in parcels not exceeding one hundred and sixty
acres each, to the highest bidder for cash; the sale to be
made upon sealed proposals, to be duly invited by public advertisement,
provided, no bid shall be favorably considered which may be
less than one dollar and twenty-five cents per acre. And should
any of the tracts so to be sold have upon them improvements
of any kind which were made by or for the Indians, or for
Government purposes, the proposals therefor must state the
price for both the land and improvements. The proceeds of
the sales thereof, after deducting therefrom the expenses
of surveying the lands and all other expenses incident to
the negotiation of these articles of convention and the proper
execution thereof, the balance shall be applied as follows,
viz: One half shall be held in trust by the United States
for the benefit of the Sacs and Foxes of Missouri, and interest
thereon, at the rate of five per centum per annum, shall be
paid annually, with the other funds to be paid said tribe,
in the same manner as stipulated in the treaty of May 18th,
1854; and the other half of said balance shall be applied
as hereinafter specified.
Article 3.
The Iowa tribe of Indians, parties to this agreement, hereby
cede, relinquish, and convey to the United States, for the
use and benefit of the Sacs and Foxes of Missouri, for their
permanent home, all that part of their present reservation
lying and being west of Nohearts Creek, and bounded as follows,
viz: Beginning at a point where the southern line of the present
Iowa reserve crosses Nohearts Creek; thence with said line
to the south fork of the Nemaha, (commonly known as Walnut
Creek;) thence down the middle of said south fork, with the
meanders thereof to its mouth, and to a point in the middle
of the Great Nemaha River; thence down the middle of said
river to a point opposite the mouth of Nohearts Creek: and
thence, in a southerly direction with the middle of said Nohearts
Creek, to the place of beginning. And it is hereby understood
and agreed that, in full consideration for said cession, the
United States shall hold in trust, for the use and benefit
of the Iowas, the one-half of the net proceeds of the sales
of the lands described in the second article of this agreement,
and interest thereon, at the rate of five per centum per annum,
shall be paid to the Iowa tribe in the same manner as their
annuities are paid under the treaty of May 17, 1854. The reservation
herein described shall be surveyed and set apart for the exclusive
use and benefit of the Sacs and Foxes of Missouri, and the
remainder of the Iowa lands shall be the tribal reserve of
said Iowa Indians for their exclusive use and benefit.
Article 4.
The Sacs and Foxes of Missouri being anxious to make full
satisfaction for a just claim which Joseph Tesson holds against
said tribe, it is hereby agreed by the parties to this convention
that said claimant shall select a quarter section or one hundred
and sixty acres of land, to include his present residence
and improvements, to be located in one body, in conformity
with the legal subdivisions of the public surveys, which tract
of land shall be received by him in full payment of said claim,
estimated at about eight hundred dollars, and all other claims
or rights of every character whatsoever against said tribe;
and when a relinquishment shall have been executed by said
claimant in favor of said tribe for all claims that he may
have against them, a patent shall be issued to him for said
tract of land in fee-simple.
The following chiefs shall be entitled to select each a quarter
section or one hundred and sixty acres of land in one body,
in conformity with the public surveys, to include their present
residences and improvements, viz: Pe-te-ok-a-ma, Ne-sour-quoit,
and Mo-less: and George Gomess, a member of the Sac and Fox
tribe, shall select in like manner one-eighth of a section
or eighty acres of land in one body, to include his improvements,
and patents shall be issued therefor in favor of said persons
in fee-simple.
Article 5.
In order to encourage education among the aforesaid tribes
of Indians, it is hereby agreed that the United States shall
expend the sum of one thousand dollars for the erection of
a suitable school-house, and dwelling-house for the school
teacher, for the benefit of the Sacs and Foxes, and also the
additional sum of two hundred dollars per annum for school
purposes, so long as the President of the United States may
deem advisable. And for the benefit of the Iowa tribe of Indians
there shall be expended, in like manner, at the discretion
of the President, the sum of three hundred dollars per annum,
for school purposes, which two last-mentioned sums shall be
paid out of the funds to be appropriated for the civilization
of Indians.
Article 6.
There shall be set apart in one body, under the direction
of the Commissioner of Indian Affairs, one section, or six
hundred and forty acres of land, in harmony with the public
survey, so as to include the agency-dwelling, agency-office,
council-house, school-house, teachers' dwelling, blacksmith's
dwelling and shops, and such farming land as may be necessary
for the use of the school, agency, and employees thereat.
Article 7.
No person not a member of either of the tribes, parties to
this convention, shall go upon the reservations or sojourn
among the Indians without a license or written permit from
the agent or superintendent of Indian affairs, except Government
employees or persons connected with the public service. And
no mixed-blood Indians, except those employed at some mission,
or such as may be sent there to be educated, or other members
of the aforesaid tribes, shall participate in the beneficial
provisions of this agreement or former treaties, unless they
return to and unite permanently with said tribes, and reside
upon the respective reservations within six months from the
date of this convention.
Article 8.
It is hereby understood and agreed by the contracting parties
hereto that the stipulations of the treaty with the Sacs and
Foxes of Missouri of May 18th, 1854, and the treaty with the
Iowa Indians of the 17th of May, 1854, which may not be inconsistent
with these articles of convention, shall have full force and
effect upon the contracting parties hereto.
Article 9.
This instrument shall be obligatory upon the respective parties
hereto, whenever the same shall be ratified by the President
and the Senate of the United States.
Article 10.
The Secretary of the Interior may expend a sum not exceeding
three thousand five hundred dollars, ($3,500,) out of the
proceeds of the sales of said lands, at any time he may deem
it advisable, for the purpose of erecting a toll-bridge across
the Great Nemaha River, at or near Roy's Ferry, for the
use of the Iowa Indians; and a like sum of three thousand
five hundred dollars, ($3,500,) out of the proceeds of the
sales of said lands, for the purpose of erecting a toll-bridge
across the Great Nemaha River, at or near Wolf Village, for
the use of the Sacs and Foxes of Missouri.
Toll shall be charged and collected for the use of said bridges
at such rates and under such rules and regulations as may
be established by the Commissioner of Indian Affairs, with
the approval of the Secretary of the Interior, the proceeds
of such tolls to be expended as follows: 1st, in making necessary
repairs on said bridges; 2d, for the use of said tribes, respectively.
Article 11.
It is further stipulated that, whenever Congress shall by
law so provide, all annuities due and to become due and payable
to the said tribes of Indians under this treaty, and under
all other previous treaties, may be paid in specific articles,
clothing, agricultural implements, and such other articles
as Congress shall direct.
In testimony whereof, the said commissioner as aforesaid,
and the said chiefs and delegates of the Sacs and Foxes of
Missouri, and [of the] Iowa tribe of Indians, have hereunto
set their hands and seals at the place and on the day and
year hereinbefore written.
Sac[s] and Foxes of Mo.
- D. Vanderslice, United States Indian agent. [L. S.]
- Pe-te-ok-a-ma, his x mark. [L. S.]
- Ne-sour-quoit, his x mark. [L. S.]
- Mo-less, his x mark. [L. S.]
- Se-se-ah-kee, his x mark. [L. S.]
Iowa Indians.
- No-heart, his x mark. [L. S.]
- Nag-ga-rash, his x mark. [L. S.]
- Mah-hee, his x mark. [L. S.]
- To-hee, his x mark. [L. S.]
- Tah-ra-kee, his x mark. [L. S.]
- Thur-o-mony, his x mark. [L. S.]
- White-hourse, his x mark. [L. S.]
Signed in the presence of -
- George Gomess, his x mark, United States interpreter for Sac[s] and Foxes of Mo.
- Harvey W. Forman, witness to signing by George Gomess.
- Kirwan Murray, United States interpreter for Iowa Indians.
- Harvey W. Forman.
- John W. Forman.
- Josephus Utt
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