Treaty with The Cheyenne and Arapaho
October 28, 1867
Articles of a treaty and agreement made and entered into
at the Council Camp on Medicine Lodge Creek, seventy miles
south of Fort Larned, in the State of Kansas, on the twenty-eighth
day of October, eighteen hundred and sixty-seven, by and between
the United States of America, represented by its commissioners
duly appointed thereto, to wit: Nathaniel G. Taylor, William
S. Harney, C. C. Augur, Alfred H. Terry, John B. Sanborn,
Samuel F. Tappan and John B. Henderson, of the one part, and
the Cheyenne and Arapahoe tribes of Indians, represented by
their chiefs and head-men duly authorized and empowered to
act for the body of the people of said tribes - the names
of said chiefs and head-men being hereto subscribed - of the
other part, witness:
From this day forward all war between the parties to this
agreement shall forever cease. The Government of the United
States desires peace, and its honor is here pledged to keep
it. The Indians desire peace, and they now pledge their honor
to maintain it.
If bad men among the whites, or among other people subject
to the authority of the United States, shall commit any wrong
upon the person or property of the Indians, the United States
will, upon proof made to the agent and forwarded to the Commissioner
of Indian Affairs at Washington City, proceed at once to cause
the offender to be arrested and punished according to the
laws of the United States, and also reimburse the injured
person for the loss sustained.
If bad men among the Indians shall commit a wrong or depredation
upon the person or property of any one, white, black, or Indian,
subject to the authority of the United States and at peace
therewith, the tribes herein named solemnly agree that they
will, on proof made to their agent, and notice by him, deliver
up the wrongdoer to the United States, to be tried and punished
according to its laws; and in case they wilfully refuse so
to do, the person injured shall be re-imbursed for his loss
from the annuities or other moneys due or to become due to
them under this or other treaties made with the United States.
And the President, on advising with the Commissioner of Indian
Affairs, shall prescribe such rules and regulations for ascertaining
damages, under the provisions of this article, as in his judgment
may be proper. But no such damages shall be adjusted and paid
until thoroughly examined and passed upon by the Commissioner
of Indian Affairs and the Secretary of the Interior, and no
one sustaining loss, while violating, or because of his violating,
the provisions of this treaty or the laws of the United States,
shall be re-imbursed therefor.
The United States agrees that the following district of country,
to wit: commencing at the point where the Arkansas River crosses
the 37th parallel of north latitude, thence west on said parallel - the
said line being the southern boundary of the State of Kansas
- to the Cimarone River, (sometimes called the Red Fork of
the Arkansas River), thence down said Cimarone River, in the
middle of the main channel thereof, to the Arkansas River;
thence up the Arkansas River, in the middle of the main channel
thereof, to the place of beginning, shall be and the same
is hereby set apart for the absolute and undisturbed use and
occupation of the Indians herein named, and for such other
friendly tribes or individual Indians, as from time to time
they may be willing, with the consent of the United States,
to admit among them; and the United States now solemnly agrees
that no persons except those herein authorized so to do, and
except such officers, agents, and employés of the Government
as may be authorized to enter upon Indian reservations in
discharge of duties enjoined by law, shall ever be permitted
to pass over, settle upon, or reside in the territory described
in this article, or in such territory as may be added to this
reservation for the use of said Indians.
If it should appear from actual survey or other examination
of said tract of land, that it contains less than one hundred
and sixty acres of tillable land for each person who at the
time may be authorized to reside on it, under the provisions
of this treaty, and a very considerable number of such persons
shall be disposed to commence cultivating the soil as farmers,
the United States agrees to set apart for the use of said
Indians as herein provided, such additional quantity of arable
land adjoining to said reservation, or as near the same as
it can be obtained, as may be required to provide the necessary
The United States agrees at its own proper expense to construct
at some place near the center of said reservation, where timber
and water may be convenient, the following buildings, to wit:
a warehouse or store-room for the use of the agent in storing
goods belonging to the Indians, to cost not exceeding fifteen
hundred dollars; an agency-building for the residence of the
agent, to cost not exceeding three thousand dollars; a residence
for the physician, to cost not more than three thousand dollars;
and five other buildings, for a carpenter, farmer, blacksmith,
miller, and engineer, each to cost not exceeding two thousand
dollars; also a school-house or mission-building, so soon
as a sufficient number of children can be induced by the agent
to attend school, which shall not cost exceeding five thousand
dollars. The United States agrees, further, to cause to be
erected on said reservation, near the other buildings herein
authorized, a good steam circular saw-mill, with a grist-mill
and shingle machine attached; the same to cost not exceeding
eight thousand dollars.
The United States agrees that the agent for said Indians
in the future shall make his home at the agency building;
that he shall reside among them, and keep an office open at
all times for the purpose of prompt and diligent inquiry into
such matters of complaint by and against the Indians as may
be presented for investigation, under the provisions of their
treaty stipulations, as also for the faithful discharge of
other duties enjoined on him by law. In all cases of depredation
on person or property, he shall cause the evidence to be taken
in writing and forwarded, together with his finding, to the
Commissioner of Indian Affairs, whose decision, subject to
the revision of the Secretary of the Interior, shall be binding
on the parties to this treaty.
If any individual, belonging to said tribes of Indians, or
legally incorporated with them, being the head of a family,
shall desire to commence farming, he shall have the privilege
to select, in the presence and with the assistance of the
agent then in charge, a tract of land within said reservation
not exceeding three hundred and twenty acres in extent, which
tract when so selected, certified, and recorded in the land-book
as herein directed, shall cease to be held in common, but
the same may be occupied and held in the exclusive possession
of the person selecting it, and of his family, so long as
he or they may continue to cultivate it. Any person over eighteen
years of age, not being the head of a family, may in like
manner select and cause to be certified to him, or her, for
purposes of cultivation, a quantity of land not exceeding
eighty acres in extent, and thereupon be entitled to the exclusive
possession of the same as above directed.
For each tract of land so selected, a certificate containing
a description thereof, and the name of the person selecting
it, with a certificate indorsed thereon, that the same has
been recorded, shall be delivered to the party entitled to
it by the agent, after the same shall have been recorded by
him in a book to be kept in his office, subject to inspection,
which said book shall be known as the "Cheyenne and Arapahoe
Land Book." The President may at any time order a survey of
the reservation, and, when so surveyed, Congress shall provide
for protecting the rights of settlers in their improvements,
and may fix the character of the title held by each.
The United States may pass such laws on the subject of alienation
and descent of property, and on all subjects connected with
the government of the Indians on said reservations, and the
internal police thereof as may be thought proper.
In order to insure the civilization of the tribes entering
into this treaty, the necessity of education is admitted,
especially by such of them as are or may be settled on said
agricultural reservation, and they therefore pledge themselves
to compel their children, male and female, between the ages
of six and sixteen years, to attend school; and it is hereby
made the duty of the agent for said Indians to see that this
stipulation is strictly complied with; and the United States
agrees that for every thirty children between said ages, who
can be induced or compelled to attend school, a house shall
be provided, and a teacher competent to teach the elementary
branches of an English education shall be furnished, who will
reside among said Indians, and faithfully discharge his or
her duties as a teacher. The provisions of this article to
continue for not less than twenty years.
When the head of a family or lodge shall have selected lands
and received his certificate as above directed, and the agent
shall be satisfied that he intends in good faith to commence
cultivating the soil for a living, he shall be entitled to
receive seeds and agricultural implements for the first year,
not exceeding in value one hundred dollars; and for each succeeding
year he shall continue to farm for a period of three years
more, he shall be entitled to receive seeds and implements
as aforesaid, not exceeding in value twenty-five dollars.
And it is further stipulated that such persons as commence
farming shall receive instruction from the farmer herein provided
for; and whenever more than one hundred persons shall enter
upon the cultivation of the soil, a second blacksmith shall
be provided, with such iron, steel, and other material as
may be needed.
At any time after ten years from the making of this treaty
the United States shall have the privilege of withdrawing
the physician, farmer, blacksmith, carpenter, engineer, and
miller, herein provided for, but in case of such withdrawal,
an additional sum, thereafter, of ten thousand dollars per
annum shall be devoted to the education of said Indians, and
the Commissioner of Indian Affairs shall upon careful inquiry
into their condition make such rules and regulations for the
expenditure of said sum as will best promote the educational
and moral improvement of said tribes.
In lieu of all sums of money or other annuities provided
to be paid to the Indians herein named, under the treaty of
October fourteenth, eighteen hundred and sixty-five, made
at the mouth of Little Arkansas, and under all treaties made
previous thereto, the United States agrees to deliver at the
agency house on the reservation herein named, on the fifteenth
day of October, of each year, for thirty years, the following
articles, to wit:
For each male person over fourteen years of age, a suit of
good, substantial woolen clothing, consisting of coat, pantaloons,
flannel shirt, hat, and a pair of home-made socks.
For each female over twelve years of age, a flannel skirt,
or the goods necessary to make it, a pair of woolen hose,
twelve yards of calico and twelve yards of cotton domestics.
For the boys and girls under the ages named, such flannel
and cotton goods as may be needed to make each a suit as aforesaid,
together with a pair of woolen hose for each.
And in order that the Commissioner of Indian Affairs may
be able to estimate properly for the articles herein named,
it shall be the duty of the agent each year to forward to
him a full and exact census of the Indians on which the estimate
from year to year can be based.
And, in addition to the clothing herein named, the sum of
twenty thousand dollars shall be annually appropriated for
a period of thirty years, to be used by the Secretary of the
Interior in the purchase of such articles as, from time to
time, the condition and necessities of the Indians may indicate
to be proper. And if at any time, within the thirty years,
it shall appear that the amount of money needed for clothing,
under this article, can be appropriated to better uses for
the tribe herein named, Congress may, by law, change the appropriation
to other purposes; but, in no event, shall the amount of this
appropriation be withdrawn or discontinued for the period
named. And the President shall, annually, detail an officer
of the Army to be present, and attest the delivery of all
the goods herein named to the Indians, and he shall inspect
and report on the quantity and quality of the goods and the
manner of their delivery.
In consideration of the advantages and benefits conferred
by this treaty, and the many pledges of friendship by the
United States, the tribes who are parties to this agreement
hereby stipulate that they will relinquish all right to occupy
permanently the territory outside of their reservation as
herein defined, but they yet reserve the right to hunt on
any lands south of the Arkansas so long as the buffalo may
range thereon in such numbers as to justify the chase; and
no white settlements shall be permitted on any part of the
lands contained in the old reservation as defined by the treaty
made between the United States and the Cheyenne, Arapahoe,
and Apache tribes of Indians, at the mouth of the Little Arkansas,
under date of October fourteenth, eighteen hundred and sixty-five,
within three years from this date, and they, the said tribes,
further expressly agree:
1st. That they will withdraw all opposition to the construction
of the railroad now being built on the Smoky Hill River, whether
it be built to Colorado or New Mexico.
2d. That they will permit the peaceable construction of any
railroad not passing over their reservation, as herein defined.
3d. That they will not attack any persons at home or travelling,
nor molest or disturb any wagon-trains, coaches, mules, or
cattle belonging to the people of the United States or to
persons friendly therewith.
4th. They will never capture or carry off from the settlements
white women or children.
5th. They will never kill or scalp white men, nor attempt
to do them harm.
6th. They withdraw all pretense of opposition to the construction
of the railroad now being built along the Platte River, and
westward to the Pacific Ocean; and they will not in future
object to the construction of railroads, wagon-roads, mail-stations,
or other works of utility or necessity, which may be ordered
or permitted by the laws of the United States. But should
such roads or other works be constructed on the lands of their
reservation, the Government will pay the tribe whatever amount
of damage may be assessed by three disinterested commissioners
to be appointed by the President for that purpose, one of
said commissioners to be a chief or head-man of the tribe.
7th. They agree to withdraw all opposition to the military
posts or roads now established, or that may be established,
not in violation of treaties heretofore made or hereafter
to be made with any of the Indian tribes.
No treaty for the cession of any portion or part of the reservation
herein described, which may be held in common, shall be of
any validity or force as against the said Indians unless executed
and signed by at least three-fourths of all the adult male
Indians occupying or interested in the same; and no cession
by the tribe shall be understood or construed in such manner
as to deprive without his consent any individual member of
the tribe of his rights to any tract of land selected by him
as provided in Article 6 of this treaty.
The United States hereby agree to furnish annually to the
Indians the physician, teachers, carpenter, miller, engineer,
farmer, and blacksmiths, as herein contemplated, and that
such appropriations shall be made from time to time, on the
estimates of the Secretary of the Interior, as will be sufficient
to employ such persons.
It is agreed that the sum of five hundred dollars, annually,
for three years from date, shall be expended in presents to
the ten persons of said tribe who, in the judgment of the
agent, may grow the most valuable crops for the respective
The tribes herein named agree that when the agency-house
and other buildings shall be constructed on the reservation
named, they will regard and make said reservation their permanent
home, and they will make no permanent settlement elsewhere,
but they shall have the right, subject to the conditions and
modifications of this treaty, to hunt on the lands south of
the Arkansas River, formerly called theirs, in the same manner
as agreed on by the treaty of the "Little Arkansas," concluded
the fourteenth day of October, eighteen hundred and sixty-five.
In testimony of which, we have hereunto set our hands and
seals, on the day and year aforesaid.
- N. G. Taylor, [SEAL.]
- President of Indn. Commission.
- Wm. S. Harney, [SEAL.]
- Major-General, Brevet, &c.
- C. C. Augur, [SEAL.]
- Brevet Major-General.
- Alfred H. Terry, [SEAL.]
- Brevet Major-General.
- John B. Sanborn, [SEAL.]
- Samuel F. Tappan. [SEAL.]
- J. B. Henderson. [SEAL.]
- Ashton S. H. White, secretary.
- Geo. B. Willis, phonographer.
On the part of the Cheyennes:
- O-to-ah-nac-co, Bull Bear, his x mark, [SEAL.]
- Moke-tav-a-to, Black Kettle, his x mark, [SEAL.]
- Nac-co-hah-ket, Little Bear, his x mark, [SEAL.]
- Mo-a-vo-va-ast, Spotted Elk, his x mark, [SEAL.]
- Is-se-von-ne-ve, Buffalo Chief, his x mark, [SEAL.]
- Vip-po-nah, Slim Face, his x mark, [SEAL.]
- Wo-pah-ah, Gray Head, his x mark, [SEAL.]
- O-ni-hah-ket, Little Rock, his x mark, [SEAL.]
- Ma-mo-ki, or Curly Hair, his x mark, [SEAL.]
- O-to-ah-has-tis, Tall Bull, his x mark, [SEAL.]
- Wo-po-ham, or White Horse, his x mark, [SEAL.]
- Hah-ket-home-mah, Little Robe, his x mark, [SEAL.]
- Min-nin-ne-wah, Whirlwind, his x mark, [SEAL.]
- Mo-yan-histe-histow, Heap of Birds, his x mark, [SEAL.]
On the part of the Arapahoes:
- Little Raven, his x mark, [SEAL.]
- Yellow Bear, his x mark, [SEAL.]
- Storm, his x mark, [SEAL.]
- White Rabbit, his x mark, [SEAL.]
- Spotted Wolf, his x mark, [SEAL.]
- Little Big Mouth, his x mark, [SEAL.]
- Young Colt, his x mark, [SEAL.]
- Tall Bear, his x mark, [SEAL.]
- C. W. Whitaker, interpreter.
- H. Douglas, major, Third Infantry.
- Jno. D. Howland, clerk Indian Commission.
- Sam'l. S. Smoot, United States surveyor.
- A. A. Taylor.
- Henry Stanley, correspondent.
- John S. Smith, United States interpreter.
- George Bent, interpreter.
- Thos. Murphy, superintendent Indian affairs.
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