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 Cimarron 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. Art. 3. It is further agreed that until the Indian 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 said 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 traveled routes, military posts, towns, and villages and 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 whatsoever. Art. 4. 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 the said Indians as in the judgment of the Congress of the United States may be deemed just and proper. Art. 5. At the special request of the Cheyenne and Arapahoe Indians, parties to this treaty, the United States agrees to grant, by patent in fee simple, to the following named persons, all of whom are related to the Cheyennes or Arapahoes 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 339 of A. T. Winsor, sutler, formerly, at Fort Lyon. Said lands to be selected Winsor, daughter of Tow-e-nah, wife under the direction of the Secretary of theInterior from the reservation established by the first 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. Art. 6. 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 lands of Cheyenne and Arapahoe Indians, on the twenty-ninth day of November, A. D., 1864, 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-ye-to, or Black Kettle; Oh-tah-hane-so-weel, or Seven Bulls; Alik-ke-home-ma, or Little Robe; Moke-tahvo-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. States will also pay in United States securities, animals, goods, provisThe United ions, 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. Art. 7. The United States agrees 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 the 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 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 amount to be expended under the provisions of this article, it is agreed the aggregate that the number entitled to its beneficial provisions the coming year is two thousand eight hundred, and that an accurate census of the Indians shall be taken at the time of the annuity payment in the spring of each year by their agent or 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. Art. 8. 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 accede 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. Art. 9. 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 Aarpahoes 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. Moke-ta-ve-to, or Black Kettle, head chief, his X mark. Oh-to-ah-ne-so-to-wheo, or Seven Bulls, 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-lo, or Bull that Hears, headman, his X mark. On the part of the Cheyennes. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Oh-has-tee, or Little Raven, nead chief, his X mark. (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Ah-cra-kah-tau-nah, or Spotted Wolf, chief, his X mark. On the part of the Arapahoes. Signed and sealed in the presence of: JOHN H. SMITH, Ui S. Interpreter. W. R. IRWIN, O. T. ATWOOD, S. A. KINGMAN, D. C. MCNEIL, Secretary. BON H. VAN HAVRE. E. W. WYNKOOP. J. E. BADGER. W. W. RICH. 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 Arapahoes, proclaimed May 26, 1866. TREATY WITH THE CHOCTAWS AND CHICKASAWS, 1866. Art. 2. Art. 3. Art. 4. Art. 7. Art. 9. Art. 11. Art. 12. Art. 15. Art. 16. Art. 17. Art. 18. Slavery and involuntary servitude to cease. Cession of the leased district to the United States. Purchase Rights of negroes and freedmen. Right of way through their country for railroads. Damages. Legislation by Congress for rights of persons and property. A council to be convened annually. Census of tribes to be taken. Council to consist of whom. Members to which each tribe is entitled. Time and place of meeting. Length of session and special session. Powers of General assembly President of council. Secretary, duty and pay. Pay and mileage of members. Courts may be established. Delegates from the Territory. Superintendent of Indian Affairs to be executive, title and duties. Marshal. Salary of Marshal and secretary. Salary of interpreter. Appointments of marshals and deputies. Provisions for an upper house of the council. Certain sums invested to remain so invested. Treaty obligations, etc., re-affirmed, and payment of annuities to be renewed. Survey and division of lands in severalty. Land office eslished at Boggy Depot. Maps of Survey to exhibit actual occupancies, etc. Notice to parties interested to examine the maps. Lands may be selected for seats of justice, for schools, semi- Each Indian to have a right to one quarter section of land. Actual occupant, prior to surveys, may abandon his improve- Occupation by missionaries of missionary establishments noe to be interfered with. Rights of parents in selecting land for children. Art. 19. Mode of selecting land. Art. 20. Art. 24. Art. 27. Art. 29. Art. 30. Art. 31. Art. 33. Art. 34. Art. 35. Proof of improvements to be made prior to entries. Names of persons for whom selections are made to be in Town lots. When patents to issue for selected lands. Citizens by adoption or intermarriage to have same rights. Contiguous selections. Selections to be inalienable. Not over 10,000 Kansas Indians will be received into districts who shall have same rights. Such Kansas Indians may come in at once. Documents in land office to be given to the Choctaw and Those prevented from selecting in ninety lays may select afterwards. Selections after transfer of land records. Selected lands abandoned for seven years, except, etc., may be rented. Art. 37. Payment by the United States for lands selected by the Indians. Art. 38. Art. 39. Art. 40. Art. 44. Art. 46. White persons marrying Indians and residing in the Nation, adopted, to be members of the nation and subject to its laws. Licenses to trade. Treaty restrictions upon sales of personal property removed. Surrender of fugitives from justice. No white persons, except, etc., to be permitted to go into said territory, unless. Post offices and mails. Former rights and immunities of the Indians to remain in force. Money due the Indians under this treaty, how to be paid. After survey and assignment of the lands in severalty, annuities and funds to be capitalized. To be divided per capita. Certain sums may be retained. Art. 48. Payment of $25,000 to commissioners of each nation for incidental expenses. Art. 49. Commission to settle damages of loyal Indians driven from their homes. Art. 50. Commission to determine the claims of loyal citizens of the United States for damages. Art. 51. Inconsistent treaty provisions declared null. Articles of agreement and convention between the United States and Choctaw and Chickasaw Nations of Indians, made and concluded at the City of Washington, the 28th day of April, in the year eighteen hundred and sixty-six, by Dennis A. Cooley, Elijah Sells and E. S. Parker, special commissioners on the part of the United States, and Albert Wade, Allen Wright, James Riley, and John Page, Commissioners on the part of the Choctaws, and Winchester Colbert, Edmund Pickens, Holmes Colbert, Colbert Carter and Robert H. Love, commissioners on the part of the Chick asaws. Art. 1. Permanent peace and friendship are hereby established be |