Treaty between the United States of America and the Tribe of Sac and Fox Indians of the Mississippi; Concluded February 18, 1867; Ratification advised, with Amendments, July 25, 1868; Amendments accepted September 2, 1868; Proclaimed October 14, 1868. ANDREW JOHNSON, PRESIDENT OF THE UNITED STATES OF AMERICA, TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL COME, GREETING: Feb. 18, 1867. Preamble. Contracting WHEREAS a treaty was made and concluded at the city of Washington, in the District of Columbia, on the eighteenth day of February, in the year of our Lord one thousand eight hundred and sixty-seven, by and between Lewis V. Bogy, William H. Watson, Thomas Murphy, and Henry W. Martin, commissioners, on the part of the United States, and Keokuk, Chekuskuk, Uc-quaw-ho-ko, Mut-tut-tah, and Man-ah-to-wah, chiefs parties. of the tribe of Sac and Fox Indians of the Mississippi, on the part of said Indians, and duly authorized thereto by them, which treaty is in the words and figures following, to wit: Articles of agreement made and concluded this eighteenth day of February, one thousand eight hundred and sixty-seven, between the United States, represented by Lewis V. Bogy, Commissioner of Indian Affairs; William H. Watson, Special Commissioner; Thomas Murphy, Superintendent of Indian Affairs for Kansas; and Henry W. Martin, United States Indian Agent, duly authorized, and the tribes of Sacs and Foxes of the Mississippi, represented by Keokuk, Che-kuskuk, Uc-quaw-ho-ko, Mut-tut-tah, and Man-ah-to-wah, chiefs of said tribes. Cession of United States. Ante, p. 467. ARTICLE I. The Sacs and Foxes of the Mississippi cede to the government of the United States all the lands, with the improvements there- lands to the on, contained in their unsold portion of their diminished reserve defined in the first article of their treaty ratified July ninth, one thousand eight hundred and sixty, (the said tract containing about eighty-six thousand and four hundred acres, and being more particularly described by the survey and plats on file in the Department of the Interior,) except as reserved in previous treaties, or in this treaty. ARTICLE II. The said Indians also cede to the United States a full and complete title to the lands, with the improvements thereon, now remaining unsold in that portion of their old reservation provided by article four of the treaty of July ninth, one thousand eight hundred and sixty, to be sold by the government for their benefit, the cession herein made being subject to the exceptions defined in this treaty. Additional cession. Ante, p. 468. Payments by States. ARTICLE III. The United States agree to pay to the Sac and Fox Indians, parties to this treaty, at the rate of one dollar an acre for the the United whole of the land ceded in the two preceding sections, being about one hundred and fifty-seven thousand acres of land, less the amount of land set apart for individuals; and further agree to pay the outstanding indebtedness of the said tribe, now represented by scrip issued under the provisions of previous treaties, and amounting, on the first of November, eighteen hundred and sixty-five, to twenty-six thousand five hundred and sev Amended. Post, p. 500. Lands ceded, when to be at the United States. Amended. enty-four dollars, besides the interest thereon; and the amount herein provided to be paid to said Indians, after deducting such sums as, under the provisions of this treaty, are to be expended for their removal, subsistence, and establishing them in their new country, shall be added to their invested funds, and five per cent interest paid thereon in the same manner as the interest of their present funds is now paid. ARTICLE IV. At any time after the ratification of this treaty, the the disposal of lands ceded in the first article shall be held and considered at the disposal of the United States, and the legal rights of railroad corporations shall be conceded thereon, the same as on other public lands; except that, until the time for the removal of the Indians is fixed by public notice, under the provisions of this treaty, no interference shall be made with the rights of the Indians as the occupants of the lands, but they shall remain in all respects without molestation, in the same manner as if this treaty had not been made: And provided further, That inasmuch as there are valuable improvements upon said reservation, such improvements shall be appraised under the direction of the Secretary of the Interior, and the appraised value of the same shall be paid to the United States, before title is given to any individual or corporation for the lands upon which such improvements are situated. Proviso. Same subject. Amended. New reservation for the Sacs and Foxes; how to be selected; ARTICLE V. The lands ceded in the second article of this treaty, being the unsold remainder of the lands provided in the fourth article of the treaty of July ninth, one thousand eight hundred and sixty, to be sold in trust for said Indians, shall, immediately upon the ratification of this treaty, become the property of the United States, and shall be open to entry and settlement, and the legal rights of railroad corporations shall accrue thereon; and the lands in the second article ceded, as well as those ceded in the first article, shall be subject to all the laws and regulations of the general land office the same as other public lands, except as relates to the provisions in the next preceding article relating to the time when they shall be open for settlement, and the requirement of payment for the improvements; and should there be any improvements upon the land ceded in the second article, they shall be appraised, and payment shall be required therefor; and the scrip referred to in the third article of this treaty shall be received in payment for any of the lands herein ceded to the United States, and not granted to any railroad corporation, at any time after the removal of the Indians, as provided in the seventh article hereof. ARTICLE VI. The United States agree, in consideration of the improvements upon the said reservation, to give to the Sacs and Foxes for their future home a tract of land in the Indian country south of Kansas, and south of the Cherokee lands, not exceeding seven hundred and fifty square miles in extent. The selection of such new reservation shall be made under the direction of the Secretary of the Interior, and with his approv al, by commissioners appointed by the said Secretary, who shall visit the Indian country, with delegations from all the tribes proposing to remove thereto, as soon as practicable after the ratification of this treaty; and how surveyed. said reservation shall be surveyed as to its exterior lines, at the cost of the United States, under the direction of the Commissioner of Indian Affairs, not to exceed three thousand dollars: Provided, That if it shall be found impracticable to select a suitable home for the tribe except by purchase from the Cherokees, the United States will pay towards the said purchase the same amount that would have been payable to the Creeks if the reservation had been selected upon the former Creek lands; and in that case the balance of the money payable to the Cherokees shall be deducted from the amount due the Sacs and Foxes under this treaty. Proviso. Buildings to be erected. ARTICLE VII. As soon as practicable after the selection of the new reservation herein provided for, there shall be erected thereon, at the cost of the United States, a dwelling-house for the agent of the tribe, a house and shop for a blacksmith, and dwelling-house for a physician, the aggre gate cost of which shall not exceed ten thousand dollars; and also at the expense of the tribe, five dwelling-houses for the chiefs, to cost in all not more than five thousand dollars. Removal of new reservation. As soon as practicable after such selection of a reservation as it may, in the discretion of the Secretary of the Interior, be deemed advisable the Indians to for the Indians to remove thereto, regard being had to the proper season of the year for such removal, notice shall be given to their agent, directing such removal; and whenever such time shall be fixed, public notice thereof shall be given in three leading newspapers of Kansas, and thereafter the land ceded to the United States by the first article of this treaty, shall be open to entry and settlement, under the provisions of the fourth article. tribe, how not Manual labor ARTICLE VIII. No part of the invested funds of the tribe, or of any Certain claims moneys which may be due to them under the provisions of previous trea- against the ties, nor of any moneys provided to be paid to them by this treaty, shall to be paid. be used in payment of any claims against the tribe accruing previous to the ratification of this treaty, unless herein expressly provided for. ARTICLE IX. In order to promote the civilization of the tribe, one section of land, convenient to the residence of the agent, shall be selected school, school by said agent, with the approval of the Commissioner of Indian Affairs, buildings, &c. and set apart for a manual labor school; and there shall also be set apart, from the money to be paid to the tribe under this treaty, the sum of ten thousand dollars for the erection of the necessary s[c]hool buildings and dwelling for teacher, and the further sum of five thousand dollars, if the chiefs shall so request; and the annual amount of five thousand dollars shall be set apart from the income of their funds, after the erection of such school buildings, for the support of the school; and after the settlement of the tribe upon their new reservation, the sum of ten thousand dollars of the income of their funds may be annually used, with the consent of the chiefs, under the direction of the Secretary of the Interior, for agricultural implements and assistance, purchase of stock, and otherwise in encouraging and assisting such of the tribe as will trurn [turn] their attention to agriculture, and in support of their national government, for which last-mentioned purpose the sum of five hundred dollars shall be annually paid to each of the five chiefs, two hundred dollars to each of ten councillors, two hundred dollars to their mashal [marshal], and the remaining three hundred dollars be subject to the disposal of the chiefs. ARTICLE X. The United States agree to pay annually, for five years after the removal of the tribe, the sum of fifteen hundred dollars for the support of a physician and purchase of medicines, and also the sum of three hundred and fifty dollars annually for the same time, in order that the tribe may provide itself with tobacco and salt. Section sub stituted for this. Post, p. 500. Physician, medicines, tobacco and salt. Grant of lands sons. Amended. ARTICLE XI. In consideration of certain improvements made by John Goodell upon the lands of the nation within their present reservation, and to certain perof his services as their interpreter, he shall be allowed to select therefrom a half-section of land; and it is further provided that of said land, Sarah A. Whistler and Pash-e-ca-cah, or Amelia Mitchell, shall each be allowed to select a half-section of land, the latter selection to include the house in which she lives; and Julia A. Goodell one quarter section, besides the land, not exceeding eight acres, upon which her house and improvements Post, p. 501. are situated; and Mary A. Means one quarter section, to includ[e] the improvements occupied by her; and there shall also be allowed to Antoine Gokey and William Avery, each one hundred and sixty acres, to Leo Whistler and Gertrude Whistler, each three hundred and twenty acres, and to James Thorpe, Virginia Thorpe, and Cassandra Thorpe, Thomas J. Miles, and Hattie Miles, each eighty acres, to be selected from unimproved lands: Provided, That they may select from lands upon which improvements exist, by paying the appraised value of such improvements; but no selection shall include the agency, mission, or mill VOL. XV. TREAT. - 32 Lana to buildings; and upon the approval by the Secretary of the Interior of such selections, patents in fee simple shall be issued to the respective parties, their heirs or assigns. ARTICLE XII. In consideration of the faithful services of Samuel Samuel Black; Black in protecting their houses and timber from trespass and depredation, there shall be patented to him in fee simple the tract of land upon which he lives, being the west half of the northwest quarter section four, town[ship] seventeen, range sixteen. to Thomas C. Stevens & Co. Amended. Post, p. 501. The Sacs and Foxes of Missouri may unite with, &c. Certain claims against the United States to be paid. Advance to subsistence and removal. ARTICLE XIII. Thomas C. Stevens and Company, licensed traders, having erected valuable building at the agency, it is agreed that they may have a patent for the land, not exceeding eight acres, upon which such improvements are built, and not to include any other improvements, on the payment of two dollars and fifty cents per acre. ARTICLE XIV. The Sacs and Foxes, parties to this treaty, agree that the Sacs and Foxes of Missouri, if they shall so elect, with the approval of the Secretary of the Interior, may unite with them and become a part of their people, upon their contributing to the common fund such a portion of their funds as will place them on an equal footing in regard to annuities. ARTICLE XV. The claims of the Sacs and Foxes against the United States for stealing of stock, which have heretofore been adjusted, amounting to sixteen thousand four hundred dollars, shall be paid by the United States, and the amount disbursed and expended for the benefit of the tribe in such objects for their improvement and comfort upon the new reservation as the chiefs, through their agent, shall desire; and whereas the Indians claim that one full payment due under previous treaty has never been made to them, it is agreed that a careful examination of the books of the Commissioner of Indian Affairs shall be made, and if any sum is found to be still due and unpaid, the same shall be paid to them per capita in the same manner as their annuities are paid. ARTICLE XVI. The United States will advance to the said tribe of the Indians for Indians the sum of twenty thousand dollars, or so much thereof as may be necessary, to pay the expenses of their subsistence for the first year after their arrival at their new home in the Indian country, and to pay the necessary expenses of removal, and furnish necessary rations for the journey during such removal; said removal to be made under direction of the superintendent or agent, or other person specially designated by the Secretary of the Interior; the moneys thus expended to be deducted from the whole amount provided to be paid for their lands herein ceded. Amended. Post, p. 501. Patents for ARTICLE XVII. It is hereby provided that the half-breeds and fulllands heretofore bloods of the tribe, who were entitled to selections of land under the Sac selected and approved. and Fox treaty, ratified July ninth, one thousand eight hundred and sixty, and which selections have been approved by the Secretary of the Ante, p. 470. Interior, shall be entitled to patents in fee-simple for the lands heretofore Amended. selected, according to the schedule annexed to this treaty: Provided, That where such selections have been made and the allottees have sold their lands for a valuable consideration and have since died, the Secretary of the Interior shall, upon full proof being made, cause patents to issue to the purchasers or their assigns. &c. Post, p. 501. Sales of land ARTICLE XVIII. All sales hereafter made by or on behalf of perto he approved, sons to whom lands are assigned in this treaty shall receive the approval of the Secretary of the Interior before taking effect in conveying title to lands so sold. Expenses of treaty. See p. 501. For substitute for this article and additional article, see post, p. 501. ARTICLE XIX. The United States agree to pay the expenses of negotiating this treaty, not to exceed the sum of fifteen hundred dollars. ARTICLE XX. The stipulations of all former treaties now in force, and not inconsistent with the provisions of this treaty, shall remain in full force; and all treaties or parts of treaties heretofore made which conflict with the provisions of this treaty are hereby abrogated. |