August 29, 1863
Articles of a Treaty and Convention made and concluded at Leroy, in the State of Kansas on the twenty ninth day of August eighteen hundred and sixty three, by and between the Hon. William P. Dole, Commissioner of Indian Affairs, and William G. Coffin, Superintendent of Indian Affairs for the Southern Superintendency and Commissioner on the part of the United States, and the Chiefs and Headmen of the Great and Little Osage tribe of Indians, of the State of Kansas; the said Chiefs and Headmen being duly authorized to negotiate and treat by said tribe.
Article 1.
The tribe of the Great and Little Osage Indians having now more lands than are necessary for their occupation, and all payments from the Government to them under former treaties having ceased, leaving them greatly impoverished, and being derious of improving their condition by disposing of their surplus lands do hereby grant and sell to the United States, the lands contained within the following boundaries, that is to say, beginning at the South East corner of their present Reservation and running thence North with the Eastern boundary thereof fifty miles to the North-East corner; thence West with the Northern line thirty miles; thence South fifty miles to the Southern boundary of said Reservation and thence East with said Southern boundary thirty miles to the place of beginning: and in consideration of the grant and sale to them of the above described lands, The United States agree to pay the sum of three hundred thousand dollars; which sum shall be placed to the credit of said tribe of Indians in the Treasury of the United States, and interest thereon at the rate of five per centum per annum shall be paid to said tribe Semi-Annually in money, clothing, provisions or such articles of utility as the Secretary of the Interior may from time to time direct.
Article 2.
The said tribe of Indians also hereby cede to the United States a tract of land twenty miles in width from North to South, off the North side of the remainder of their present Reservation and extending its entire length from East to West; which land is to be held in Trust for said Indians and to be sold for their benefit by the Secretary of the Interior under such rules and regulations as he may from time to time prescribe, the proceeds of such sales, as they accrue, after deducting all expenses incident to the proper execution of the Trust shall be placed in the Treasury of the United Staes to the credit of said tribe of Indians, and the interest thereon at the rate of five per centum per annum shall be expended annually for building houses, purchasing agricultural implements and stock animals, and for the employment of a physician and mechanic, and for providing such other necessary aid as will enable said Indians to commence agricultural pursuits under favorable circumstances; provided, that twenty five per centum of the net proceeds arising from the sale of said Trust lands until said per centage shall amount to the sum of Eighty thousand dollars, shall be placed to the credit of the school fund of said Indians and the interest thereon at the rate of five per centum per annum shall be expended semi annually for the boarding, clothing and education of the children of said tribe.
Article 3.
It being the policy of the United States to encourage education by donations of lands — it is stipulated that the sixteenth and thirty sixth sections of each township of land ceded by Article two of this Treaty, and to be sold in Trust, shall be reserved from sale and given to the State of Kansas for the support of its common schools, and as a compensation to the Indians therefor the United States shall pay to said tribe the sum of twenty five cents per acre for said lands; the proceeds to remain in the Treasury of the United States and interest thereon at the rate of five per centum per annum shall be expended semi annually for the boarding, clothing and education of the children of said Tribe of Indians.
Article 4.
The Osage Indians being sensible of the great benefits they have received from the Catholic Mission situate in that portion of their Reservation herein granted and sold to the United States, do hereby stipulate that one section of said land to be selected by the Commissioner of Indian Affairs so as to include the improvements of said Mission shall be granted in fee simple to John Schoenmaker, Superintendent of said Mission with the privilege to said Schoenmaker of selecting and purchasing two sections of land adjoining the Section above granted at fifty cents per acre —the said selection to be made in legal subdivisions of surveys and subject to the approval of the Commissioner of Indians Affairs.
Article 5.
All loyal persons having made settlements and improvements and now residing on the lands provided to be sold by the United States, in Trust for said tribe; and all such persons now residing on the North half of the said lands herein granted and sold to the United States, shall have the privilege at any time within one year after the ratification of this Treaty, of buying a quarter section each, at one dollar and twenty five cents per acre, such quarter section to be selected according to the legal subdivisions of surveys and to include as far as practicable the improvements of the settler.
Article 6.
The Osages being desirous of paying their just debts hereby agree that the Superintendent of Indian Affairs for the Southern Superintendency and the Agent of the tribe shall examine all claims against said Tribe and submit the same to the tribe for approval or disapproval and report the same to the Secretary of the Interior with the proofs in each case, for his concurrence or rejection and the Secretary may issue to the claimants scrip for the claims thus allowed, which scrip shall be receivable as cash, in payment for any of the lands sold in Trust for said Tribe; provided that no claim not now due to persons unquestionably loyal and no assignment from a disloyal person shall have any validity, and that the aggregate amount thus allowed by the Secretary of the Interior shall not exceed thirty thousand dollars.
Article 7.
In consideration of the long and faithful services rendered by Charles Mograin one of the principal Chiefs of the Great Osages, to his people, and in consideration of improvements made and owned by him on the land by this Treaty sold to the United States and in lieu of the provision made in Article seventeen for the halfbreed Indians; the said Charles Mograin may select one Section of land including his improvements, from the North half of said land, subject to the approval of the Secretary of the Interior, and upon his approval of such selection it shall be patented to the said Mograin in fee simple and it is further agreed that the said Charles Mograin shall for the reasons states receive out of the first payment to said Tribe the sum of five hundred dollars.
Article 8.
It is agreed between the parties hereto that the sum of five hundred dollars shall be set apart each year from the moneys of said tribe and paid by the Agent to the Cheifs and Headmen of the tribe for their services.
Article 9.
It is stipulated and expressly agreed by and between the parties to this Treaty that the lands granted and sold to the United States by the first Article hereof shall not be subject to settlement, occupation or preemption under the laws of the United States unless the President shall otherwise direct by public proclamation.
Article 10.
The Osage Indians being anxious that a school should be established in their new home—at their request it is agreed and provided that John Schoenmakers may select two sections of land within their diminished Reservation and upon the approval of such sections of land shall be granted in fee simple to the said Schoenmakers and his successors, upon condition that the same shall be used, improved and occupied for the support and education of the children of said Indians during the occupation of said Reservation by said Tribe, provided, that said lands shall not be patented, as aforesaid until after the surrounding lands have been surveyed and brought into market.
Article 11.
It is further agreed that in consideration of the services of Darius Rogers to the Osage Indians a patent shall be issued to him for one hundred and sixty acres of land to include his mill and improvements, and said Rogers shall also have the privilege of purchasing, at the rate of fifty cents per acre, one quarter section of land adjoining the tract above mentioned which shall be patented to him in like manner said lands to be selected subject to the approval of the Secretary of the Interior.
Article 12.
The Osages acknowledge their dependence on the Goverment of the United States and invoke its protection and care, they desire peace and promise to abstain from war and commit no depredations on either citzens or Indians; and they further agree to use their best efforts to suppress the introduction and use of ardent spirits in their country.
Article 13.
It is agreed that all roads and highways laid out by the State or General Government shall have right of way through the lands herein reserved on the same terms as are provided by law when made through lands of citizens of the United States and Railroad Companies when the lines of their roads necessarily pass through the lands of said Indians shall have right of way upon the payment of fair compensation therefor.
Article 14.
Within six months after the ratification of this Treaty the Osage Indians shall remove from the lands sold and ceded in Trust and settle upon their diminished Reservation.
Article 15.
The Osage Indians, having no annuities from which it is possible for them to pay any of the expenses of carrying this Treaty into effect it is agreed that the United States shall appropriate twenty thousand dollars or so much thereof as may be necessary, for the purpose of defraying the expense of survey and sale of the lands hereby ceded in Trust, which amount so expended shall be reimbursed to the Treasury of the United States from the proceeds of the first sales of said lands.
Article 16.
Should the Senate reject or amend of the above articles, such rejection or amendment shall not affect the other provisions of this Treaty, but the same shall go into effect when ratified by the Senate and approved by the President.
Article 17.
The half breeds of the Osage tribe of Indians not to exceed twenty five in number, who have improvements on the North half of the lands sold to the United States shall have a patent issued to them in fee simple for Eighty acres, each, to include as far [as] practicable their improvements: said hald breeds to be designated by the Chiefs, and Headmen of the tribe; and Joseph Swiss a half breed and the Interpreter of said Tribe shall in lieu of the above provision receive a title in fee simple to a half section of land including his house and improvements if practicable and also to a half section of the Trust land,—all of said lands to be selected by the parties subject to the approval of the Secretary of the Interior.
Wm. P. Dole, Commissioner of Indian Affairs.
W. G. Coffin, Supt. of Indian Affairs, Southern Superintendency.
Great Osages:
White Hair, his x mark
Beaver, his x mark
Wash-awha, his x mark
Sun Down, his x mark
Kahike-Wa-Shi-peshie, his x mark
Tall Chief, his x mark
Wamnug-pa-tze, his x mark
Big Heart, his x mark
Wolfe, his x mark
Charles Mogrean, Acting Head Chief.
Wah-the-pe-she, his x mark
Neune-sakie, his x mark
Wah-cha-chin-ka, his x mark
Washi-Sape, his x mark
Paishu-Olaha, his x mark
Wanan-che-Kule, his x mark
Kamiche-mani, x hand mark
Shapile, his x mark
Cansaat-tshir, x hand mark
Okashemoni, his x mark
Jawhonshe-hi, his x mark
Joseph Ponne-no-pahi, his x mark
Washoupe-wonsushe, his x mark
Big heart, his x mark
Konzekagaie, x hand mark
Washe-nanshe, x hand mark
Hishakagrie, x hand mark
Monshan Okanshan, x hand mark
Okinashie, x hand mark
Councilors:
Gula Wawaspointshe,
Tesiwale-Shinka, x hand mark
Shinka-kahika, x hand mark
Nangka-ton-how, x hand mark
Nigha-ible, x hand mark
Monshogkita, x hand mark
Pokonwashie, x hand mark
Shake toops, x hand mark
Tzegpoinha, x hand mark
Mich-honko, x hand mark
Opahomoni, x hand mark
White dog, x hand mark
Welfo-clock, x hand mark, Chief Councilor
Kissi-oninka, x hand mark
Basumani, x hand mark
Blake, x hand mark
Hananpose, x hand mark
Okuske, x hand mark
Numpemoni, x hand mark
Obbechantan, x hand mark
Wanumpaohie, x hand mark
Little Osage:
Little Bear, his x mark
Numpa Walla, his x mark
Strike Axe, his x mark
Tall Chief, his x mark
She-sha-wah-ta-inka, his x mark
Tzi-to-pa, his x mark
Ai-shi-kagrie, x hand mark
Waluchake, x hand mark
Washapa-Wasa-inke, x hand mark
Wagoopes-Shinka, x hand mark
Wapis-antze, x hand mark
Iyon, x hand mark
Tzi Waigtin, x hand mark
Kahika Watzegahe, x hand mark
Clarmore, his x mark
Graitain-Shinka, his x mark
Big Elk, his x mark
Wata-inka, his x mark
Wat-sa-tan-ka, his x mark
Councilors:
Haishagta, his x mark
Gulawashousta, his x mark
Wagrishie, his x mark
Mashankonshie, his x mark
Warriors:
Nunpa-wakin, x hand mark
Watzeka-tumpapi, x hand mark
Nigka-kona, x hand mark
Nigka, x hand mark
Shie She petze, x hand mark
Oglapashie, x hand mark
Nagtagtanka waku, x hand mark
Cowa gowtze agnie, x hand mark
Heskamani, x hand mark
Nigko-iblan, x hand mark
Maki-agche, x hand mark
Wapi-sonze, x hand mark
Wachatan, x hand mark
Ista wo age, x hand mark
Manze-tan, x hand mark
Aunspapi, x hand mark
Micha ska ognanke, x hand mark
Zantomani, x hand mark
Mi-hi-le, x hand mark
Signed in presence of:
Joseph Swiss, U.S. Interpreter
Peter P. Elder, U.S. Ind Agent
S. C. Pomeroy
S. W. Johnston
John Schoenmakers
Additional Names:
James A. Coffey
Tansi Rogers
And whereas, the said treaty having been submitted to the Senate of the United States for its constitutional action thereon, the Senate did, on the second day of July,one thousand eight hundred and sixty four, advise and consent to the ratification of the same by a resolution and with an amendment in the words and figures following, to wit:
In the Senate of the United States,
July 2, 1864.
Resolved (two thirds of the Senators present concurring) That the Senate advise and consent to the ratification of the articles of a treaty and convention made and concluded at Le Roy, in the State of Kansas, on the twenty ninth day of August, eighteen hundred and sixty three, by and between the Hon. Wm. P. Dole, Commissioner of Indians Affairs, and William G. Coffin, Superintendent of Indian Affairs for the Southern Superintendency, and Commissioners on the part of the United States, and the Chiefs and headmen of the Great and Little Osage tribe of Indians, of the State of Kansas; the said chief and headmen being duly authorized to negotiated and treat by said tribe, with the following
Amendments:
Article 2. line 8. After the word “be”Insert — surveyed and line 12. After the word “prescribe” insert— under the direction of the Commissioner of Public Lands as other lands are surveyed and sold
Strike out all of Article 3.
Article 4. line 11. Strike out (“superintendent of”) and insert in place thereof— in trust for
Article 4. line 13. After the word “Schoenmakers” insert— on the payment of one dollar and twentyfive cents per acre
Strike out all of Article 6.
Article 10. line 6. Strike out (“two sections”) and insert in lieu thereof—one section; line 10. & 1. Strike out (“granted in fee simple”) and insert in lieu thereof— set apart; line 19. Strike out all after the word “patented” to the end of the article, and insert in lieu thereof— and upon the discontinuance of said school shall revert to said tribe and to the United States as other Indian lands.
Article 11. line 7. After the word “improvements” insert—on paying one dollar and twenty five cents per acre; line 9. Strike out (“fifty cents”) and insert in lieu thereof— one dollar and twenty five cents
Attest:
J.W. Forney, Secretary.
And whereas the foregoing amendments having been fully interpreted and explained to the hereinafter-named Chiefs and headmen of the Great and Little Osage tribe of Indians, they did, on the 17 day of February one thousand eight hundred and sixty five, give their free and voluntary assent to the same, in the words and figures following, to wit:
Art. 2 line 8. Art. 2 line 12. Strike out all of Art. 3. Assented to.
Art. 4 line 11 the amendment “in trust for”. Rejected.
Art. 4 line 13. Assented to.
Article 6th amendment to strike out. Rejected—and consent and ask to strike thirty thousand & insert five thousand for payment of just debts to James A. Coffey & A.B. Carville.
Art. 10 line 6. Assented to. Art. 10 line 10 & 11. Assented to.
We also ask the following proviso inserted after the word, “Beginning”(no copy hereof) in Art 1st 22nd line, “Provided that the Western boundary of said land herein ceded shall extend no further west than at a point on the Southern boundary of Said Osage Country one mile East of where the Verdigris River now crosses the Southern boundary of the State of Kansas.”
And whereas the foregoing Amendments have been fully interpreted and explained to the undersigned Chiefs & headmen of the Great & Little Osage tribe of Indians, we do hereby agree to and ratify the same.
Note: Amendment to Art 1st line 22 changed on excouncelling)
Names:
Great Osages Chiefs
Par hus cah, his x mark, or White Hair
Joseph Ponne no pashe
Clarmore, his x mark
Tah wan chi he, his x mark
Recain-has, his x mark
Wah the pe sha, his x mark
Councellors:
Twelve OClock, his x mark
Qu la shot Sha, his x mark
Cah sa Cah luk, his x mark
Wah dah wah otah sah, his x mark
Wah ti an cah, his x mark
Names:
Little Osages Chiefs
Med Shim Kah, or Little Bear, his x mark
Nunp pa Walla, his x mark
Strike Ax, his x mark
Councellors:
Che-to-pah, his x mark
Wah sha pa wah Tah ne ach, his x mark
Nah leh cah ca, his x mark
Fully explained by and signed by Chiefs & head men in presence of:
Alexander Beyott
Samuel Bernier, Interpreters
Witness:
P. P. Elder, U.S. Ind Agent
B. I. Morrow
J. E. Baer