Treaty with The Cheyenne and Arapaho
October 14th, 1865
Articles of a treaty made and concluded at the camp on
the Little Arkansas River, in the State of Kansas, on the
fourteenth day of October, in the year of our Lord one thousand
eight hundred and sixty-five, by and between John B. Sanborn,
William S. Harney, Thomas Murphy, Kit Carson, William W. Bent,
Jesse H. Leavenworth, and James Steele, commissioners on the
part of the United States, and the undersigned, chiefs and
head-men of and representing the confederate tribes of Arrapahoe
and Cheyenne Indians of the Upper Arkansas River, they being
duly authorized by their respective tribes to act in the premises.
It is agreed by the parties to this treaty that hereafter
perpetual peace shall be maintained between the people and
Government of the United States and the Indians parties hereto,
and that the Indians parties hereto, shall forever remain
at peace with each other, and with all other Indians who sustain
friendly relations with the Government of the United States.
For the purpose of enforcing the provisions of this article
it is agreed that in case hostile acts or depredations are
committed by the people of the United States, or by Indians
on friendly terms with the United States, against the tribe
or tribes, or the individual members of the tribe or tribes,
who are parties to this treaty, such hostile acts or depredations
shall not be redressed by a resort to arms, but the party
or parties aggrieved shall submit their complaints through
their agent to the President of the United States, and thereupon
an impartial arbitration shall be had, under his direction,
and the award thus made shall be binding on all parties interested,
and the Government of the United States will in good faith
enforce the same. And the Indians, parties hereto, on their
part, agree, in case crimes or other violations of law shall
be committed by any person or persons, members of their tribe,
such person or persons shall, upon complaint being made, in
writing, to their agent, superintendent of Indian affairs,
or to other proper authority, by the party injured, and verified
by affidavit, be delivered to the person duly authorized to
take such person or persons into custody, to the end that
such person or persons may be punished according to the laws
of the United States.
The United States hereby agree that the district of country
embraced within the following limits, or such portion of the
same as may hereafter be designated by the President of the
United States for that purpose, viz: commencing at the mouth
of the Red Creek or Red Fork of the Arkansas River; thence
up said creek or fork to its source; thence westwardly to
a point on the Cimarone River, opposite the mouth of Buffalo
Creek; thence due north to the Arkansas River; thence down
the same to the beginning, shall be, and is hereby, set apart
for the absolute and undisturbed use and occupation of the
tribes who are parties to this treaty, and of such other friendly
tribes as they may from time to time agree to admit among
them, and that no white person, except officers, agents, and
employees of the Government, shall go upon or settle within
the country embraced within said limits, unless formerly admitted
and incorporated into some one of the tribes lawfully residing
there, according to its laws and usages: Provided, however,
That said Indians shall not be required to settle upon said
reservation until such time as the United States shall have
extinguished all claims of title thereto on the part of other
Indians, so that the Indians parties hereto may live thereon
at peace with all other tribes: Provided, however, That as
soon as practicable, with the assent of said tribe, the President
of the United States shall designate for said tribes a reservation,
no part of which shall be within the State of Kansas, and
cause them as soon as practicable to remove to and settle
thereon, but no such reservation shall be designated upon
any reserve belonging to any other Indian tribe or tribes
without their consent.
The Indians parties hereto, on their part, expressly agree
to remove to and accept as their permanent home the country
embraced within said limits whenever directed so to do by
the President of the United States, in accordance with the
provisions of this treaty, and that they will not go from
said country for hunting or other purposes without the consent
in writing of their agent or other authorized person, such
written consent in all cases specifying the purpose for which
such leave is granted, and shall be borne with them upon their
excursions as evidence that they are rightfully away from
their reservation, and shall be respected by all officers,
employees, and citizens of the United States as their sufficient
safeguard and protection against injury or damage in person
or property by any and all persons whomsoever.
It is further agreed by the Indians parties hereto that when
absent from their reservation they will refrain from the commission
of any depredations or injuries to the person or property
of all persons sustaining friendly relations with the Government
of the United States; that they will not, while so absent,
encamp by day or night within ten miles of any of the main
traveled routes or roads through the country to which they
go, or of the military posts, towns, or villages therein,
without the consent of the commanders of such military posts,
or of the civil authorities of such towns or villages; and
that henceforth they will, and do hereby, relinquish all claims
or rights in and to any portion of the United States or Territories,
except such as is embraced within the limits aforesaid, and
more especially their claims and rights in and to the country
bounded as follows, viz: beginning at the junction of the
north and south forks of the Platte River; thence up the north
fork to the top of the principal range of the Rocky Mountains,
or to the Red Buttes; thence southwardly along the summit
of the Rocky Mountains to the headwaters of the Arkansas River;
thence down the Arkansas River to the Cimarone crossing of
the same; thence to the place of beginning; which country
they claim to have originally owned, and never to have relinquished
the title thereto.
It is further agreed that until the Indians parties hereto
have removed to the reservation provided for by the preceding
article in pursuance of the stipulations thereof, said Indians
shall be, and they are hereby, expressly permitted to reside
upon and range at pleasure throughout the unsettled portions
of that part of the country they claim as originally theirs,
which lies between the Arkansas and Platte Rivers; and that
they shall and will not go elsewhere, except upon the terms
and conditions prescribed by the preceding article in relation
to leaving the reservation thereby provided for: Provided,
That the provisions of the preceding article in regard to
encamping within ten miles of main travelled routes, military
posts, towns, and villages shall be in full force as to occupancy
of the country named and permitted by the terms of this article:
Provided, further, That they, the said Indians, shall and
will at all times during such occupancy, without delay, report
to the commander of the nearest military post the presence
in or approach to said country of any hostile bands of Indians
It is further agreed by the parties hereto that the United
States may lay off and build through the reservation, provided
for by Article 2 of this treaty, such roads or highways as
may be deemed necessary; and may also establish such military
posts within the same as may be found necessary in order to
preserve peace among the Indians, and in order to enforce
such laws, rules, and regulations as are now, or may from
time to time be, prescribed by the President and Congress
of the United States for the protection of the rights of persons
and property among the Indians residing upon said reservation;
and further, that in time of war such other military posts
as may be considered essential to the general interests of
the United States may be established: Provided, however, That
upon the building of such roads, or establishment of such
military posts, the amount of injury sustained by reason thereof
by the Indians inhabiting said reservation shall be ascertained
under direction of the President of the United States, and
thereupon such compensation shall be made to said Indians
as in the judgment of the Congress of the United States may
be deemed just and proper.
At the special request of the Cheyenne and Arrapahoe Indians,
parties to this treaty, the United States agree to grant,
by patent in fee-simple, to the following-named persons, all
of whom are related to the Cheyennes or Arrapahoes by blood,
to each an amount of land equal to one section of six hundred
and forty acres, viz: To Mrs. Margaret Wilmarth and her children,
Virginia Fitzpatrick, and Andrew Jackson Fitzpatrick; to Mrs.
Mary Keith and her children, William Keith, Mary J. Keith,
and Francis Keith; to Mrs. Matilda Pepperdin and her child,
Miss Margaret Pepperdin; to Robert Poisal and John Poisal;
to Edmund Guerrier, Rosa Guerrier, and Julia Guerrier; to
William W. Bent's daughter, Mary Bent Moore, and her three
children, Adia Moore, William Bent Moore, and George Moore;
to William W. Bent's children, George Bent, Charles Bent,
and Julia Bent; to A-ma-che, the wife of John Prowers, and
her children, Mary Prowers and Susan Prowers; to the children
of Ote-se-ot-see, wife of John Y. Sickles, viz: Margaret,
Minnie, and John; to the children of John S. Smith, interpreter,
William Gilpin Smith, and daughter Armama; to Jenny Lind Crocker,
daughter of Ne-sou-hoe, or Are-you-there, wife of Lieutenant
Crocker; to - Winsor, daughter of Tow-e-nah, wife of A. T.
Winsor, sutler, formerly at Fort Lyon. Said lands to be selected
under the direction of the Secretary of the Interior, from
the reservation established by the 1st article of their treaty
of February 18, A.D. 1861: Provided, That said locations shall
not be made upon any lands heretofore granted by the United
States to any person, State, or corporation, for any purpose.
The United States being desirous to express its condemnation
of, and, as far as may be, repudiate the gross and wanton
outrages perpetrated against certain bands of Cheyenne and
Arrapahoe Indians, on the twenty-ninth day of November, A.D.
1841, at Sand Creek, in Colorado Territory, while the said
Indians were at peace with the United States, and under its
flag, whose protection they had by lawful authority been promised
and induced to seek, and the Government being desirous to
make some suitable reparation for the injuries then done,
will grant three hundred and twenty acres of land by patent
to each of the following-named chiefs of said bands, viz:
Moke-ta-ve-to, or Black Kettle; Oh-tah-ha-ne-so-weel, or Seven
Bulls; Alik-ke-home-ma, or Little Robe; Moke-tah-vo-ve-hoe,
or Black White Man; and will in like manner grant to each
other person of said bands made a widow, or who lost a parent
upon that occasion, one hundred and sixty acres of land, the
names of such persons to be ascertained under the direction
of the Secretary of the Interior: Provided, That said grants
shall be conditioned that all devises, grants, alienations,
leases, and contracts relative to said lands, made or entered
into during the period of fifty years from the date of such
patents, shall be unlawful and void. Said lands shall be selected
under the direction of the Secretary of the Interior within
the limits of country hereby set apart as a reservation for
the Indians parties to this treaty, and shall be free from
assessment and taxation so long as they remain inalienable.
The United States will also pay in United States securities,
animals, goods, provisions, or such other useful articles
as may, in the discretion of the Secretary of the Interior,
be deemed best adapted to the respective wants and conditions
of the persons named in the schedule hereto annexed, they
being present and members of the bands who suffered at Sand
Creek, upon the occasion aforesaid, the sums set opposite
their names, respectively, as a compensation for property
belonging to them, and then and there destroyed or taken from
them by the United States troops aforesaid.
The United States agree that they will expend annually during
the period of forty years, from and after the ratification
of this treaty, for the benefit of the Indians who are parties
hereto, and of such others as may unite with them in pursuance
of the terms hereof, in such manner and for such purposes
as, in the judgment of the Secretary of the Interior, for
the time being, will best subserve their wants and interests
as a people, the following amounts, that is to say, until
such time as said Indians shall be removed to their reservation,
as provided for by Article 2 of this treaty, an amount which
shall be equal to twenty dollars per capita for each person
entitled to participate in the beneficial provisions of this
treaty, and from and after the time when such removal shall
have been accomplished, an amount which shall be equal to
forty dollars per capita for each person entitled as aforesaid.
Such proportion of the expenditure provided for by this article
as may be considered expedient to distribute in the form of
annuities shall be delivered to said Indians as follows, viz:
one-third thereof during the spring, and two-thirds thereof
during the autumn of each year.
For the purpose of determining from time to time the aggregate
amount to be expended under the provisions of this article,
it is agreed that the number entitled to its beneficial provisions
the coming year is two thousand eight hundred, and that an
accurate census of the Indians entitled shall be taken at
the time of the annuity payment in the spring of each year
by their agent of other person designated for that purpose
by the Secretary of the Interior, which census shall be the
basis on which the amount to be expended the next ensuing
year shall be determined.
The Indians parties to this treaty expressly covenant and
agree that they will use their utmost endeavor to induce that
portion of the respective tribes not now present to unite
with them and acceed to the provisions of this treaty, which
union and accession shall be evidenced and made binding on
all parties whenever such absentees shall have participated
in the beneficial provisions of this treaty.
Upon the ratification of this treaty all former treaties
are hereby abrogated. In testimony whereof, the said Commissioners
as aforesaid, and the undersigned chiefs and headmen of the
confederated tribes of the Arrapahoes and Cheyennes of the
Upper Arkansas, have hereunto set their hands and seals, at
the place and on the day and year first hereinbefore written.
- John B. Sanborn,
- Wm. S. Harney,
- Thos. Murphy,
- Kit Carson,
- Wm. W. Bent,
- J. H. Leavenworth,
- James Steele,
Commissioners on the part of the United States.
- Moke-ta-ve-to, or Black Kettle, head chief, his x mark.
- Oh-to-ah-ne-so-to-wheo, or Seven Bulls, chief, his x mark.
- Hark-kah-o-me, or Little Robe, chief, his x mark.
- Moke-tah-vo-ve-ho, or Black White Man, chief, his x mark.
- Mun-a-men-ek, or Eagle's Head, headman, his x mark.
- O-to-ah-nis-to, or Bull that Hears, headman, his x mark.
On the part of the Cheyennes.
- Oh-has-tee, or Little Raven, head chief, his x mark.
- Oh-hah-mah-hah, or Storm, chief, his x mark.
- Pah-uf-pah-top, or Big Mouth, chief, his x mark.
- Ah-cra-kah-tau-nah, or Spotted Wolf, chief, his x mark.
- Ah-nah-wat-tan, or Black Man, headman, his x mark.
- Nah-a-nah-cha, or Chief in Everything, headman, his x mark.
- Chi-e-nuk, or Haversack, headman, his x mark.
On the part of the Arrapahoes.
Signed and sealed in the presence of -
- John S. Smith, United States interpreter.
- W. R. Irwin, secretary.
- O. T. Atwood, secretary.
- S. A. Kingman, secretary.
- D. C. McNeil,
- E. W. Wynkoop,
- Bon. H. Van Havre,
- J. E. Badger,
- W. W. Rich./li>
N.B. - - The Apache tribe was brought into the provisions
of the above treaty by the second article of the treaty with
the Apaches, Cheyennes and Arrapahoes, proclaimed May 26,
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