September 4, 1863
Articles of a Treaty of friendship and cession concluded at the Sac and Fox agency, Kansas between the United States of America, by their Commissioners, the Hon. William P. Dole, Commissioner of Indian Affairs and Henry W. Martin, Agent for the Sac and Fox tribes of Indians and the United tribes of the Sac and Fox Indians of the Mississippi represented by the undersigned chiefs and head men of said tribes;
The Sac and Fox Indians being dissatisfied with the present Treaty provisions in force between their nation and the United States, and believing that their condition will be materially improved by a sale of their lands and the purchase of a new tract more remote from the settlements of white men where they can enjoy undisturbed such instruction in the useful arts and general knowledge as their means will enable them to secure; and the said Commissioners on behalf of the United States being satisfied that a compliance with the views and wishes of said tribes will promote the interests of said Indians and of the Governments of the United States, it is hereby mutually agreed by and between the parties hereto as follows:
The said Sac and Fox Indians hereby cede to the United States all the lands contained in their present Reservation, located in the State of Kansas; and more particularly described by the survey and plats on file in the Department of the Interior as comprising a tract about thirty-four miles in length from East to West and twenty miles in width from North to South; in trust, for the sale of said lands for the benefit of said tribes as hereinafter provided.
Upon the ratification of this treaty the Secretary of the Interior shall take measures to sell said lands, under such rules and regulations as he shall judge most advisable to protect the interests of said tribes, and at a minimum price of not less than seventy-five cents per acre, exclusive of the value of any improvements thereon, and especial regard shall be had to securing in such sales as nearly as practicable the actual first cost of said improvements.
The United States agree to sell to the said tribes of Sac and Fox Indians at fifty cents an acre, a tract of land for the permanent occupation, of such size as they may desire and conforming in shape to Government surveys, to be selected by said tribes from the lands purchased from the Osage Nation of Indians by the Treaty of August twenty-ninth, one thousand eight hundred and sixty-three, or from any lands owned by the United States in the Indian Territory, South of the State of Kansas. In case said tract shall be selected from said Osage purchase, it shall be taken from the South half of said purchase and the selection of the new reservation provided for in this Section shall be made within six months after the ratification of this treaty, with the approval of the Secretary of the Interior, payment for said lands shall be made from the moneys of the Sac and Fox nation now in the Treasury of the United States, and the amount shall be replaced from the proceeds of the first sales of their lands, as hereinbefore provided, and it is further provided that if the lands selected are improved a fair and reasonable sum shall be paid for such improvements in addition to the price of fifty cents per acre;
As soon as practicable after the ratification of this Treaty the United States shall construct for said nation upon their new purchase a dwelling house for their agent and for the principal chiefs of the Nation, not exceeding four in number, together with such other dwellings offices and shops as shall be required for the use of the employes of the Government at an expenditure not exceeding 5000 dollars. The moneys for said improvements shall be taken from the present Fund of said nation and replaced from the proceeds of the Trust sales; and said tribes shall not be required to leave their present homes until said improvements are made, and until the suppression of the rebellion shall enable them to remove to their new home in safety.
The script heretofore issued or herein provided to be issued by the United States, representing the indebtedness of the Sac and Fox Nation, shall be paid out of the proceeds of the Trust Sales hereinbefore authorized; and the Secretary of the Interior may in his discretion receive said script in payment for said lands.
The proceeds of said sales after complying with the other provisions herein made, shall be held by the United States as a separate fund for the benefit of said Nation and interest paid semi-annually on the same at the rate of five per centum per annum, and the Secretary of the Interior at any time use any part of said Fund for such improvements as the council and Agent of the Nation shall advise.
In order to promote the civilization of the Sac and Fox Indians, one section of land, convenient to the residence of their Agent, shall be selected by him with the approval of the Commissioner of Indian Affairs, and set apart for a manual labor and Mission School; and the sum of four thousand dollars shall be appropriated from the present Fund of said Nation for the erection of suitable buildings thereon and one thousand dollars for fencing and breaking the sod.
The sum of fifteen hundred dollars shall be annually appropriated from the same Fund for the support of said school and such additional amount, not exceeding the sum of three thousand dollars, as in the judgment of the Secretary of the Interior may be necessary.
In consideration of the removal of the Sacs and Foxes to their new home, at their own expense, the United States agree to furnish said Nation, annually for a period of five years, with the services of a blacksmith, assistant blacksmith, gunsmith and physician, and to pay annually the sum of four hundred dollars for Medicines, two hundred and ten dollars for Iron and Steel, and furnish them forty barrels of salt and forty boxes of tobacco, of fifty pounds each for the same period; and after five years, said expenses shall be paid out of the interest of the proceeds of the lands provided to be sold in Trust.
No diminution of the present annuities of said nation shall result from any temporary use as herein authorized of any part of their Fund now in the hands of the United States, but such deficiency, should it occur, shall be supplied from the principal of said Fund and all amounts thus withdrawn therefore shall, as soon as practicable, be restored from the proceeds of the sales of their lands as aforesaid.
The houses of the Chiefs Keokuk, Shaw-paw-kaw-kah, Che-kus-kuk, and Mo-ko-ho-ko and the quarter section of land on which each is built are hereby exempted from all sale, and upon the ratification of this Treaty a patent in fee simple therefor shall issue to said chiefs or their assigns, respectively; or in lieu thereof either of said chiefs may select a half section of unimproved land and receive a patent for the same as aforesaid.
In consideration of certain improvements made by John Goodell upon the lands of the nation within their present reservation, and of his services as interpreter, he shall be allowed to select therefore a half section of land; and it is further provided that of said lands Nesh-ke-me-nah; Sarah A. Whistler; Quaw-que-as; Pas-ke-co-can or Amelia Mitchell shall each be allowed to select a half section of land; Pesh-shen, daughter of the said Amelia Mitchell, eighty acres; and Can-wop-pea or Elizabeth Dole; Waw-chaw-caw or Bettie Martin; Quah-cup-pit, _-ah-tup-pit; Henry Jones and Co-mo-pup-pe, or John B. Scott, Jr. each one hundred and sixty acres; and Julia Goodell one hundred and sixty acres, and the land, not to exceed two acres, upon which her house and improvements at the Agency are situate; the said selections to be made from the unimproved lands and when approved nu the Secretary of the Interior, a patent for said lands in fee simple shall be issues to said parties, their heirs or assigns, respectively.
Thomas C. Stevens and Company, traders having erected buildings and made improvements upon the lands of the nation at an actual cost of about three thousand five hundred dollars, are hereby allowed the sum of twenty-two hundred and fifty dollars in full payment for the same, and upon the ratification of this Treaty the Commissioner of Indian Affairs issue Scrip to said Stevens and Company or their assigns for that amount, which may, in the discretion of the Secretary of the Interior, be received in payment for the lands herein authorized to be sold.
As the Sacs and Foxes of the Missouri, numbering it is believed less than one hundred souls, are the same family as the Sacs and Foxes of the Mississippi, and as said Indians are constantly moving back and forth from one Reservation to the other, and the last named tribe will have, in their new home, land enough for themselves and their said brothers, it is hereby stipulated that the Sacs and Foxes of the Missouri may unite with this people and receive lands and annuities the same as the other members of this tribe, provided that the former tribe shall sell their lands and mingle the proceeds thereof, except so much as may be derived from the sale of improvements, and also all their moneys now in the care of the United States, with the moneys of the Sacs and Foxes of the Mississippi, the per capita annuity for each tribe now being about equal.
The claims of this Tribe against the United States for destruction of timber, and stealing Ponies, which have hereinbefore been adjusted, and their payment recommended by the Secretary of the Interior, shall be paid by the United States within one year from ratification of this treaty.
The following is a copy of article seven of the Treaty of July 3,1862, which has not been confirmed by the Senate but the same is hereby reaffirmed as of that date and made a part hereof, that is to say; "In order more fully to determine the provisions of Article 10 of the Treaty of October 1, 1859, relating to the location of half breeds, it is provided that the following named persons, half breeds of said tribes shall be entitled to receive patents in fee simple from the United States for 320 acres of land each, they being debarred from sharing in the proceeds of the sales of the aforesaid trust lands, to wit: Julia A. Goodell, Fanny Goodell, Isaac Goodell, John Goodell, Jr, Sarah A. Whistler, Leo Whistler, Mary A. Byington, Pio-o-kee or Jane Goodell, Thomas J. Connelly, Kis-kos-waw, Alexander Connellly, Am-o-wah, Wy-waw-kee, margaret Connelly, No-ah-ten-e-cah-quah or Amelia McPherson, No-ten-o-quah, Mary Thorpe, Fanny Thorpe, Hiram Thorpe Jr.,George Powers, Kay-hal-we-we-nah, Battise, Pen-o-hah-sas-kuk, Mack-cut-tah-o-quet, and Antwine Gokey and Louis Gokey jointly, as heirs of Jo. Gokey, lately deceased";Provided, that when said parties who have selected their said lands by virtue of the provisions of the tenth article of the Treaty of October 1, 1859, or the seventh article of the treaty of July 13, 1862 and having sold the same for an adequate consideration which has been fully paid; have since departed this life; the Secretary of the Interior shall upon full proofs of the facts in each case taken before and approved by the agent of the Tribe and placed on file in said Department of the Interior, cause a patent in fee simple to issue to the person having thus purchased or his assigns and in event of the death of such party, the patent shall issue to his heirs.
It shall be the duty of the Secretary of the Interior to cause the lands upon which the houses, store houses and shops of the agency are situate, not exceeding one hundred and sixty acres in quantity, to be surveyed and laid of[f] into streets, alleys, blocks and lots and plat thereof to be made, and he shall thereupon designate the name of said town and dispose of said lots and blocks (expecting the place of Julia Goodall) together with the improvements thereon in the same manner and for the same purpose, and account as the other lands provided to be sold under this Treaty.
The sale and selection of the lands herein granted or confirmed to the individual members of the nation, half breeds or others, shall in every instance be subject to the approval of the Secretary of the Interior under such general rules and regulations as he has or may prescribe.
The stipulations of former Treaties now in force and not inconsistent with the provisions of this Treaty shall remain in force.
The amendment or rejection of an article of this Treaty shall not invalidate the others, but they shall go into effect and be in full force from and after the ratification of the treaty by the Senate and its approval by the President.
In testimony whereof we have hereunto set our hands and seals this fourth day of September, Eighteen hundred and sixty-three.
Keokuk, his x mark [seal]
Ches-kus-kuk, his x mark [seal]
Shaw-paw-kaw-kah, his x mark [seal]
Naw-Naw-Ash-kuk, his x mark [seal]
Quaw-que-ess, his x mark [seal]
Ka-Sham-o-ne, his x mark [seal]
Met-Tut-Tesh, his x mark [seal]
Nah-ah-ten-ah, his x mark [seal]
Kah-ah-kee, his x mark [seal]
Wap-pal-lah, his x mark [seal]
Quack-up-pit, his x mark [seal]
Mesh-she-wal-lak-Kusk-kuk, his x mark [seal]
Nis-ke-we-wah, his x mark [seal]
Man-na-to-wah, his x mark [seal]
Que-na-mo, his x mark [seal]
Nan-a-wa-kah, his x mark [seal]
Ketch-a-pam-a-sah, his x mark [seal]
Pah-tek-quah, his x mark [seal]
Waw-pe-quot, his x mark [seal]
Little Island, his x mark [seal]
Pus-e-cow-quah, his x mark [seal]
Mah-mes-que-nes-see, his x mark [seal]
Pem-ie-nep-pot, his x mark [seal]
Chaw-caw-pee, his x mark [seal]
She-ko-Kah-kah, his x mark [seal]
Kish-ke-tol-o-kah, his x mark [seal]
Manch-chil-e-mas, his x mark [seal]
Chaw-al-a-mah, his x mark [seal]
Tah-paw-let, his x mark [seal]
Naw-she-Nas, his x mark [seal]
Saker Nutt, his x mark [seal]
Tah-taw-tan-nah-mak, his x mark [seal]
O-quaw-ho-ko, his x mark [seal]
Waw-paw-co-las-kuk, his x mark [seal]
Quash-e-mah, his x mark [seal]
Black Hawk, his x mark [seal]
Wm. P. Dole, Com. Of Indian Affairs [Seal]
H. W. Martin, Agent [Seal]
Signed and sealed in the presence of
John Goodell, United States Interpreter
Antwine Gokey, his x mark Special Interpreter
W.G. Coffin, Supt. Indian Affairs Southern Superintendency
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 Executive Session 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 of friendship and cession concluded at the Sac and Fox Agency, Kansas, between the United States of America, by their Commissioners, the Hon. William P. Dole, Commissioner of Indian Affairs, and Henry W. Martin agent for the Sac and Fox tribes of Indians, and the United tribes of Sac and Fox Indians of the Mississippi, represented by the undersigned Chiefs and head-men of said tribes, made and concluded the 4th day of September, 1863, with the following
At the end of Article 1 add the following:
Provided That this treaty shall not take effect or be enforced in any respect until after said Indians shall have examined in person by their chiefs and headmen, the lands prepared for their new homes and have formally agreed to purchase the same at a price to be stipulated in a written agreement, subject to the approval of the President: nor shall any member of said tribe who has received his land in severalty be compelled to sell or remove from the same, nor shall his said land be sold, until his formal consent has been obtained in writing.
Nor shall the proceeds of said sale or any part thereof be applied for any purpose whatever, except in payment for lands to be set apart to each of said Indians, in severally, at their new homes and in making improvements on the same. And in carrying out the foregoing provisions, an account shall be opened and kept with each Indian in a regular set of books in the office of the Commissioner of Indian Affairs. Nor shall the proceeds of the sale of that part of said reservation known as the "diminished reserve" or part thereof whether held in severalty or in common, including improvement, be used for any purpose whatever except in payment for lands for a new home for said Indians and in the erection of improvements on the same.
Article 3, line 7. After "tribes" strike out all to and including "treaty" in line 19 and insert: with the approbation of the Secretary of the Interior.
Article 4 after "government" in line 10 insert: at an expenditure not exceeding five thousand dollars.
Strike out Article 5.
Article 7. After "tobacco" in line 11 insert: of fifty pounds each.
Strike out Articles 8, 9, and 10.
Article 11, in line 5, strike out all after "allowed" and insert: to purchase the land upon which their improvements are situated, at the appraised value of the same, independent of the value of their improvements, subject to the approval of the Secretary of the Interior.
Strike out Articles 13 and 14.
After Article 17 insert a new article: as follows:
Article 18. At any time hereafter when the President of the United States shall have become satisfied that any adults being males and heads of families may be allottees in severalty, under provisions of former treaties, are sufficiently intelligent and prudent to control their affairs and interests, he may, at the requests of such persons cause the lands severally held by them to be conveyed to them by patent, in fee simple, with power of alienation, and may at the same time, cause to be paid to them, in the bonds of the United States, their proportion of the cash value of the credits of the tribe, principal, and interest then held in trust by the United States. And on such patents being issues and such payments ordered to be made by the President, such competent persons shall cease to be members of said tribe, and shall become citizens of the United States, and thereafter the lands so patented to them shall be subject to levy, taxation, and sale, in like manner with the property of other citizens: Provided, That before making any such application to the President, they shall appear in open court in the district court of the United States for the district of Kansas, and make the same proof and take the same oath of allegiance as is provided by law for the naturalization of aliens, and shall also make proof to the satisfaction of said court, that they are sufficiently intelligent and prudent to control their affairs and interests that they have adopted the habits of civilized life, and have been able to support for at least five years themselves and families.
And whereas the foregoing Amendments have been fully interpreted and explained to the undersigned Chiefs, and head men, of the Sac & Fox Indians of the Mississippi.
We do hereby reject the same Done at Sac and Fox Agency Kansas, this 24th day of September, 1864.
Keokuk, his x mark
Che-ko-skuk, his x mark
Pah-tick-Quaw, his x mark
Quaw-que-es, his x mark
Waw-pol-law, his x mark
Maw-E-to-Wah, his x mark
Quah-cup-Pit, his x mark
Tah-tup-pit, his x mark
Quah-quah-lup-pe-quah, his x mark
Ke-ke-taw, his x mark
Que-ne-mo, his x mark
Mah-she-nal-luck-Kus-Kuk, his x mark
Chaw-kaw-Pe, his x mark
Much-che-nah-mas, his x mark
Nish-ke-we-wah, his x mark
Chaw-kan-E-mak, his x mark
Waw-pe-Quot, his x mark
Black-Hawk, his x mark
Pus-se-Kalk, his x mark
Mut-tut-tah, his x mark
Lah-paw-let, his x mark
Kish-ke-ton-o-kah, his x mark
Battise, his x mark
Waw-se-nah-o-sah, his x mark
Cup-paw-he, his x mark
Pem-me-se, his x mark
Ty-he-shick, his x mark
To-ke-kush, his x mark
Waw-he-mot, his x mark
Chuck-e-men-o-sah (or Little Island), his x mark
Henry W. Martin, Agent
John Goodel, U.S. Interpreter