Agreement with the Flathead, 1872

Agreement with the Flathead, 1872

Articles of agreement made this 27th day of August, 1872, between James A. Garfield, special commissioner, authorized by the Secretary of the Interior to carry into execution the provisions of the act approved June 5, 1872, for the removal of the Flathead and other Indians from the Bitter Root Valley, of the first part, and Charlot, first chief, Arlee, second chief, and Adolf, third chief, of the Flatheads, of the second part, witnesseth:

Whereas it was provided in the eleventh article of the treaty concluded at Hell Gate July 16, 1855, and approved by the Senate March 8, 1859, between the United States and the Flatheads, Kootenay and Pend d'Oreille Indians, that the President shall cause the Bitter Root Valley above the Lo-LoFork to be surveyed and examined, and if, in his judgment, it should be found better adapted to the wants of the Flathead tribe, as a reservation for said tribe, it should be so set apart and reserved; and whereas the President did, on the 14th day of November, 1877, issue his order setting forth that "the Bitter Root Valley had been carefully surveyed and examined in accordance with said treaty, "and did declare that" it is therefore ordered that all Indians residing in said Bitter Root Valley be removed as soon as practicable to the Jocko reservation, and that a just compensation be made for improvements made by them in the Bitter Root Valley;and whereas the act of Congress above recited, approved June 5, 1872, makes provision for such compensation: Therefore,

It is hereby agreed and covenanted by the parties to this instrument:


That the party of the first part shall cause to be erected sixty good and substantial houses, twelve feet by sixteen each, if so large a number shall be needed for the accommodation of the tribe; three of said houses, for the first, second, and third chiefs of said tribe, to be of double the size mentioned above; said houses to be placed in such portion of the Jocko reservation, not already occupied by other Indians, as said chiefs may select.


That the superintendent of Indian affairs for Montana Territory shall cause to be delivered to said Indians 600 bushels of wheat, the same to be ground into flour without cost to said Indians, and delivered to them in good condition during the first year after their removal, together with such potatoes and other vegetables as can be spared from the agency farm.


That said superintendent shall, as soon as practicable, cause suitable portions of land to be inclosed and broken up for said Indians, and shall furnish them with a sufficient number of agricultural implements for the cultivation of their grounds.


That in carrying out the foregoing agreement as much as possible shall be done at the agency by the employees of the Government; and none of such labor or materials, or provisions furnished from the agency, shall be charged as money.


The whole of the $5,000 in money, now in the hands of the said superintendent, appropriated for the removal of said Indians shall be paid to them in such form as their chiefs shall determine, except such portion as is necessarily expended in carrying out the preceding provisions of this agreement.


That there shall be paid to said tribe of Flathead Indians the further sum of $50,000, as provided in the second section of the act above recited, to be paid in ten annual installments, in such manner and material as the President may direct; and no part of the payments herein promised shall in any way affect or modify the full right of said Indians to the payments and annuities now and hereafter due them under existing treaties.


It is understood and agreed that this contract shall in no way interfere with the rights of any member of the Flathead tribe to take land in the Bitter Root Valley under the third section of the act above cited.


And the party of the second part hereby agree and promise that when the houses have been built as provided in the first clause of this agreement, they will remove the Flathead tribe to said houses, (except such as shall take land in the Bitter Root Valley,) in accordance with the third section of the act above cited, and will thereafter occupy the Jocko reservation as their permanent home. But nothing in this agreement shall deprive said Indians of their full right to hunt and fish in any Indian country where they are now entitled to hunt and fish under existing treaties. Nor shall anything in this agreement be so construed as to deprive any of said Indians, so removing to the Jocko reservation, from selling all their improvements in the Bitter Root Valley.

James A. Garfield,
Special Commissioner for the Removal of the Flatheads
from the Bitter Root Valley.

Charlot, his X mark,
First Chief of the Flatheads.

Arlee, his x mark,
Second Chief of the Flatheads.

Adolf, his x mark,
Third Chief of the Flatheads.

Witness to contract and signatures:

Wm. H. Clagett.

D. G. Swaim,
Judge Advocate, United States Army.

W.F. Sanders.

J.A. Viall.

B. F. Potts,

I certify that I interpreted fully and carefully the foregoing contract to the three chiefs of the Flatheads named above.

Baptiste Robwanen, his + mark.

Witness to signature:

B. F. Potts,