Treaty With The Cherokee And Other Tribes
In The Indian Territory
September 13, 1865
Articles of agreement entered into this thirteenth day
of September, 1865, between the commissioners designated by
the President of the United States and the persons here present
representing or connected with the following named nations
and tribes of Indians located within the Indian country, viz:
Cherokees, Creeks, Choctaws, Chickasaws, Osages, Seminoles,
Senecas, Senecas and Shawnees, and Quapaws.
Whereas the aforesaid nations and tribes, or bands of Indians,
or portions thereof, were induced by the machinations of the
emissaries of the so-called Confederate States to throw off
their allegiance to the government of the United States, and
to enter into treaty stipulations with said so-called Confederate
States, whereby they have made themselves liable to a forfeiture
of all rights of every kind, character, and description which
had been promised and guaranteed to them by the United States;
and whereas the government of the United States has maintained
its supremacy and authority within its limits; and whereas
it is the desire of the government to act with magnanimity
with all parties deserving its clemency, and to re-establish
order and legitimate authority among the Indian tribes; and
whereas the undersigned representatives or parties connected
with said nations or tribes of Indians have become satisfied
that it is for the general good of the people to reunite with
and be restored to the relations which formerly existed between
them and the United States, and as indicative of our personal
feelings in the premises, and of our several nations and tribes,
so far as we are authorized and empowered to speak for them;
and whereas questions have arisen as to the status of the
nations, tribes, and bands that have made treaties with the
enemies of the United States, which are now being discussed,
and our relations settled by treaty with the United States
commissioners now at Fort Smith for that purpose:
The undersigned do hereby acknowledge themselves to be under
the protection of the United States of America, and covenant
and agree, that hereafter they will in all things recognize
the government of the United States as exercising exclusive
jurisdiction over them, and will not enter into any allegiance
or conventional arrangement with any state, nation, power
or sovereign whatsoever; that any treaty of alliance for cession
of land, or any act heretofore done by them, or any of their
people, by which they renounce their allegiance to the United
States, is hereby revoked, cancelled, and repudiated.
In consideration of the foregoing stipulations, made by the
members of the respective nations and tribes of Indians present,
the United States, through its commissioners, promises that
it will re-establish peace and friendship with all the nations
and tribes of Indians within the limits of the so-called Indian
country; that it will afford ample protection for the security
of the persons and property of the respective nations or tribes,
and declares its willingness to enter into treaties to arrange
and settle all questions relating to and growing out of former
treaties with said nations, as affected by any treaty made
by said nations with the so-called Confederate States, at
this council now convened for that purpose, or at such time
in the future as may be appointed.*
In testimony whereof, the said commissioners on the part
of the United States, and the said Indians of the several
nations and tribes, as respectively hereafter enumerated,
have hereunto subscribed their names, and affixed their seals,
on the day and year first above written.
(Note.-This treaty is presumed to have been signed,
as indicated by the report of the proceedings at Fort Smith,
by the commissioners of the United States and the delegations
of Indians represented in the Council. Their names follow:)
- Hon. D. N. Cooley, president,
- Hon. Elijah Sells,
- Thomas Wistar,
- Brig. Gen. W. S. Harney, U. S. Army,
- Col. Ely S. Parker,
- Charles E. Mix,
- George L. Cook,
- W. R. Irwin,
- John B. Garrett,
- Ock-tar-sars-ha-jo, head chief.
- Mik-ko-hut-kee, little white chief.
- David Grayson.
- David Field.
- Captain Johnneh.
- Me-lo-tah-mo-ne, "Twelve o'clock."
- Ge-ne-o-ne-gla, (brave,) "Catch Alive."
- Mah-ha-ah-ba-so, (brave,) "Sky-reaching man."
- Shar-ba-no-sha, (brave,) "Done brown."
- Alexander Bayette.
- ugustus Captain.
- Isaac Warrior, chief.
- Senecas and Shawnees:
- Lewis Davis, chief.
- A. McDonald.
- Jas. Tallchief.
- Lewis Denny.
- Interpreter, Lewis Davis.
- Kah-sah-nie, Smith Christie.
- Ah-yes-takie, Thomas Pegg.
- Oo-nee-na-kah-ah-nah-ee, White Catcher.
- Cha-loo-kie, Fox Flute.
- Da-wee-oo-sal-chut-tee, David Rowe.
- Ah-tah-lah-ka-no-skee-skee, Nathan Fish.
- Koo-nah-vah, W. B. Downing.
- Oo-too-lah, ta-neh, Charles Conrad.
- Oo-la-what-tee, Samuel Smith.
- Tah-skee-kee-tee-hee, Jesse Baldridge.
- Suu-kee, Mink Downing.
- Tee-coo-le-to-ske, H. D. Reese.
- Colonel Lewis Downing, acting and assistant principal chief.
- John Shup-co.
- Interpreters: Robert Johnson, Cesar Bruner.
- Jacob Conal.
- David Berryhill.
- Sanford Berryman.
- Co-nip Fix-i-co, and others.
- Wm. F. Brown, clerk.
- Harry Island, interpreter for Creeks.
- John Marshal, interpreter for Euchees.
Delegates for the black population living among the Creeks and Euchees:
- Ketch Barnett.
- John McIntosh.
- Scipio Barnett.
- Jack Brown.
- Cow Tom.
- White Hair, principal chief.
- Po-ne-no-pah-she, second chief Big Hill band.
- Wah-dah-ne-gah, counsellor.
- Charles Blue Jacket, first chief.
- Graham Rogers, second chief.
- Moses Silverheels.
- Solomon Madden.
- Eli Blackhoof.
- Interpreter, Matthew King.
- Silas Armstrong, first chief.
- Matthew Mud-eater, second chief.
- George Wa-te-sha.
- S. G. Valier, interpreter.
- Et Tor Lutkee,
- Louis Johnson,
- Esh Ma Tubba,
- A. G. Griffith,
- Maharda Colbert, headmen.
- Frazier McCrean.
- Benjamin Colbert.
- Ed Colbert.
- Jim Doctor.
- Simpson Killcrease.
- A. B. Johnson.
- George Jhonson.
- William S. Patton.
- Robert B. Patton.
- A. J. Stanton.
- Jeremiah Ward.
- Indian agents:
- Major G. C. Snow, for Osages.
- George A. Reynolds, for Seminoles.
- Isaac Coleman, for Choctaws and Chickassaws.
- Justin Harlan, for Cherokees.
- J. W. Dunn, for Creeks.
- Milo Gookins, for Wichitas.
- J. B. Abbott, for Shawnees.
*This document is claimed by the Indian Office not to be
a treaty, but simply an agreement which formed the bases for
the treaty with the Seminole of May 21, 1866, (ante p. 910)
and of the treaty with the Creeks of June 14, 1866, (ante
p. 931). It is not on file in the Indian Office and is found
only in the Report of the Commissioner of Indian Affairs for
In the Seminole and Creek treaties mention is made of the
treaty of peace and amity at Fort Smith September 10, 1865.
This date is evidently erroneous, as no treaty was made at
Fort Smith on that date. The agreement of September 13, 1865,
must have been the one referred to.
As to the signatories of the agreement the Commissioner of
Indian Affairs, in his annual report for 1865, page 35, says:
"All of the delegates representing the following tribes and
sections of tribes, in the order given, had signed treaties,
(some of them holding out for several days until they could
agree among themselves:) Senecas, Senecas and Shawnees, Quapaws,
loyal Seminoles, loyal Chickasaws, loyal Creeks, Kansas, Shawnees
(uncalled for, but asking to be permitted again to testify
their allegiance,) loyal Osages, tribes of the Wichita agency,
loyal Cherokees, disloyal Seminoles, disloyal Creeks, disloyal
Cherokees, disloyal Osages, Comanches, disloyal Choctaws,
"Friendly relations were established between the members of the various tribes hitherto at variance, except in the case of the Cherokees. The ancient feuds among this people are remembered still."
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