Treaty with the Omaha, Otoe, and Iowa, 1838

HISTORICAL NOTES

Treaty with the Omaha, Otoe, and Iowa, 1838

May 5, 1838

Articles of a Treaty made at Bellevue, Upper Missouri, between John Dougherty, agent for Indian Affairs, duly authorized on the part of the United States, and the chiefs and headmen of the Omahaw, Ioway, and Otoe tribes or nations of Indians, for themselves, and in behalf of the half-breeds of their respective tribes or nations.

Article I. 

The chiefs and headmen of the above named tribes or nations of Indians, desirous to relieve the distress of their respective half-breeds, many of whom are orphans, and totally destitute of the necessaries of life; the said chiefs and headmen being now fully convinced that the lands reserved for the use and benefit of the above mentioned half-breeds, situate and being between the Grand and Little Nemahaw rivers, on the south side of the Missouri river, as set forth in the 10th article of the treaty of Prairie du Chien, 15th July, 1830, has not and never will afford that aid and relief to the said half-breeds, which was intended at the time said reservation was made, 

Therefore, we, the chiefs and headmen of the tribes aforesaid, for ourselves, and in behalf of the said half-breeds, do hereby cede to the United States all our right or interest, and also the right or interest of the said half-breeds, in the above mentioned reservation.

Article II. 

In consideration of the cession contained in the preceding article, the United States agree to the following stipulations on their part: 

First. To cause said reservation to be surveyed as soon as practicable, for the purpose of ascertaining the number of acres of land therein contained. 

Second. To pay to said half-breeds one dollar per acre for all the land claimed by them contained in said reservation. 

Third. To invest the whole sum of one dollar per acre, amounting to [blank] dollars, and to guaranty them an annual income of not less than five per cent. thereon, to be equally distributed, during life, to all the said half-breeds now living, who were born previous to the 15th July, 1830, it being understood and agreed upon, that, in case of death, the share of the deceased is to revert to the United States, unless the President thereof may deem it just and proper to continue the payment of said share to the heirs of him or her so deceased. 

Fourth. Should any of the said half-breeds, at a future period, make application to withdraw all or any part of his or her portion of the aforesaid investment, they shall have the right of so doing, provided always that sufficient proof shall have been made to the President of the United States, that such applicants are capable of managing so large a sum with safety. 

Fifth. To appoint, at the expense of the United States, one or more judicious persons, as soon as practicable after the ratification of this treaty, to examine, ascertain correctly, and register the names and number of all the half-breeds who are entitled to a share of the sum due them under the stipulations of this treaty.

Article III. 

The Yancton and Santie bands of Sioux, not being fully represented, it is agreed, that if they shall sign this treaty, they shall be considered as parties thereto, and bound by all its stipulations.

Article IV. 

This treaty to be binding upon the contracting parties, when the same shall be ratified by the United States. 

In witness whereof, the said John Dougherty, agent for Indian Affairs, and the undersigned chiefs and headmen of said tribes, have hereunto set their hands this fifth day of May, A. D. 1838.

Jno. Dougherty, Indian Agent.

Omaw Chiefs and Headmen:

Om-pa-ton-ga, his x mark
Esh-ta-mon-ga, his x mark
Wash-kom-mon-ne, his x mark
Shon-ga-skaw, his x mark
Om-pa-ton-ga, jr., his x mark
Ki-he-ga-shing-ah, his x mark
Ah-ga-ha-mon-ne, his x mark
Sha-da-mon-ne, his x mark
Nom-ba-mon-ne, (alias Ohio), his x mark
Ki-he-ga-waw-shu-she, his x mark
Maw-pa-mon-ne, his x mark
Ta-saw, his x mark
Waw-con-dah, his x mark
Maw-ha-war-ea, his x mark
Au-ga-haw-waw-shu-she, his x mark
Ne-caw-o-ne-braw, his x mark
Ki-he-gah, his x mark
Waw-ha-ro-pog-a-raw, his x mark
Paw-so-ni-sha, his x mark
Pe-da-re-sha, his x mark
Num-ba-to-bah, his x mark
Ta-nomposh-ah, his x mark

Otoe Chiefs and Headmen:

Shonk-cop-pe, his x mark
Me-ha-hun-jah, his x mark
Waw-ro-ne-sa, his x mark
Haw-che-ke-sug-ga, his x mark
Raw-no-way-waw-hrah, his x mark
No-way-ke-sug-ga, his x mark
We-ke-ru-taw, his x mark
Wach-che-shing-e, his x mark
Ah-ho-hun-jah, his x mark
Waw-gray-ny-ya, his x mark
Waw-na-sha, his x mark
Non-jah-ning-e, his x mark
Moon-shing-e, his x mark
Waw-cha-waw-ke-pa, his x mark
Wy-e-pesh-skun-e, his x mark
Waw-mim-e-no, his x mark
Waw-nah-shu-ge, his x mark
De-ho-che-mon-ne, his x mark
Me-kay-haw, his x mark
Hraw-ing-e, his x mark
Wash-caw-mon-ne, his x mark
Raw-no-way-ing-e, his x mark
Mock-o-tow-way-mon-ne, his x mark
Pa-ta-caw-tha, his x mark
O-haw-cop-pe, his x mark
Paw-jaw-paw, his x mark
Pe-caw-ing-e, his x mark
Naugh-naugh-tho-ga, his x mark
Mash-cha-ing-e, his x mark
My-yaw-nich-e, his x mark
Heaw-ee-cha, his x mark

Chiefs and Braves of Ioways:

Wy-ing-hah, his x mark
Nun-sha-nin-ga, his x mark
Wau-cha-mon-a, his x mark
Nea-a-mon-a, his x mark
Tar-a-how, his x mark
Con-ga, his x mark
Wau-hook-a, his x mark
Re-hog-a, his x mark
Mosh-a-mon-a, his x mark
Wau-hom-pa, his x mark
Kar-a-mon-a, his x mark
Cow-hie-wau-wash-a, his x mark
Wau-nun-gush-co-ny, his x mark
Was-kaing, his x mark
Maw-shick-ton-ri, his x mark
Wau-couch-a, his x mark
Mon-sha-mon-a, his x mark
Sin-ga-bosh-ka, his x mark
Mon-gra-tia, his x mark
He-wau-thotch-a, his x mark
Cha-paw-ha-ga, his x mark
Wau-cush-ca-mon-a, his x mark
Cher-rer-wau-hon-ga, his x mark
Chong-a-chag-a, his x mark

In presence of:

J. Gantt
A. Papin
Wm. Alley
J. Dunbar
Samuel Allis
Joseph La Fleche, his x mark, Interpreter
Jeffrey Deroin, his x mark, Interpreter
Vanee M. Campbell
James Gilmore
William Carpenter
Aurey Ballard

The Yancton and Santie band of Sioux, referred to in the foregoing treaty, not having been represented at all when the same was signed by the other parties thereto, and the treaty having been this day presented and fully explained to the undersigned chiefs and headmen of the band of Sioux aforesaid by Joshua Pilcher, Indian agent, thereto instructed and fully authorized on the part of the United States, the undersigned chiefs, headmen, and half-breeds, for their tribe and on behalf of the other half-breeds thereof, provided for in said treaty, do hereby accede to each and every article thereof. 

In witness whereof, they have hereunto set their hands, at the Upper Missouri agency, this 31st day of October.

Cha-pun-ka, Principal Chief, his x mark
We-cha-sha-du-ta, his x mark
Mon-ka-u-ska, jr., his x mark
Ta-ze-o-pi, his x mark
Wo-la-la, his x mark
Wy-o-we, his x mark
Joseph Brazeau, Interpreter, his x mark
Baptiest Brazeau, his x mark
Ish-ta-ap-pa, his x mark
Mon-to-he, his x mark
Wah-con-da, his x mark
Wi-hah-ha, his x mark
Wa-hah-chun-ka, his x mark
Mon-to-chi-ca-ba, his x mark
O-ho-cha-ga-lu-la, his x mark
I-u-ta-mun-ny, his x mark
Chun-le-cho-to-ca-pe-la, his x mark
As-pa-ton-ga, his x mark
Was-ka-shing-ga, his x mark
Chun-do-pah, his x mark
Ta-ke-i-e-o, his x mark
Chu-we-al-to, his x mark
Ah-ka-wa-shu-she, his x mark

Signed in presence of:

Jacob Halsey
Lewis Crawford
Antoine Chenie
James Hayes
Zephir Rencontr