INDIAN AFFAIRS: LAWS AND TREATIES

Vol. IV, Laws     (Compiled to March 4, 1927)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929.


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PART IV.—TREATIES.

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TREATY WITH GREAT AND LITTLE OSAGES, 1863.
August 9, 1863. | Unratified.

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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 front the Government to them under former treaties having ceased, leaving them greatly impoverished, and being desirous 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 Northeast 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 semiannually in money, clothing, provisions or such articles of utility as the Secretary of the Interior may from time to time direct.

ART. 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 States 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.

ART. 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 rive per centum per annum shall be expended semi-annually for the boarding, clothing and education of the children of said Tribe of Indians.

ART. 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

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selection to be made in legal subdivisions of surveys and subject to the approval of the Commissioner of Indian Affairs.

ART. 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.

ART. 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 to persons unquestionably loyal shall be examined, 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.

ART. 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 stated receive out of the first payment to said Tribe the sum of five hundred dollars.

ART. 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 Chiefs and Headmen of the tribe for their services.

ART. 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.

ART. 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.

ART. 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.

ART. 12.

The Osages acknowledge their dependence on the Government 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 citizens or Indians; and they further agree to use their best efforts to suppress the introduction and use of ardent spirits in their country.

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ART. 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 the right of way upon the payment of fair compensation therefor.

ART. 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.

ART. 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.

ART. 16.

Should the Senate reject or amend any 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.

ART. 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 practicable their improvement, said half 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,
Superintendent of Indian Affairs, Southern Superintendency.

Great Osages:

WHITE HAIR, his x mark.
BEAVER, his x mark.
WACHAWHA, his x mark.
SUN DANCE, his x mark.
KAHIKE-WA-SHE-PESHIE, his x mark.
TALL CHIEF, his x mark.
WANUNG-PO-TZE, his x mark.
BIG HEART, his x mark.
WOLFE, his x mark.
CHARLES MOGRAIN, acting head chief.
WAHSHEPESHE, his x mark.
WEUNESAKIE, his x mark.
WOHCHASHENKA, his x mark.
WASHISOPE, his x mark.
DOUSHIE-OLAHA, his x mark.
WANANCHE-KEILE, his x mark.
KAMRECHE-MANI, his x mark.
SHAPILE, his x mark.
CINSERIT-TAHEE, his x mark.
OKOSHEMONI, his x mark.
COWHANSHEHI, his x mark.
JOSEPH PONNE-NOPAKE, his x mark.
WARTROUPE-WANANSHE, his x mark.
HISHAKAGIE, his x mark.
MONSHAN-PKANTHAN, his x mark.
OKINASHIE, his x mark.

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Counsellors:

GULAWAWASHONTSHE, his x mark.
ISSIWALE-SHINKA, his x mark.
SHENKA-TONKON, his x mark.
MANGTH-TOOHAN, his x mark.
NIGHAIBLE, his x mark.
MANSAGKITA, his x mark.
POKENORASHIE, his x mark.
SHAKETOOPA, his x mark.
TZEGPOINPA, his x mark.
MICHONKE, his x mark.
OPAHAMANI, his x mark.
WHITE DOG, his x mark.
WELFO-CLOCK, chief counsellor.
KENI-ONINKA, his x mark.
BASUMONIE, his x mark.
BLAKE, his x mark.
HOMANPRACE, his x mark.
OKUSKE, his x mark.
NUMPE-MANI, his x mark.
OLBECHANTAN, his x mark.
WANUMPASHIE, his x mark.

Little Osage:

LITTLE BEAR, his x mark.
NUMPAWALLA, his x mark.
STRIKE AXE, his x mark.
TALL CHIEF, his x mark.
SHESHEWAHTUMKA, his x mark.
TZITOPO, his x mark.
AISHIMAGRIE, his x mark.
WALUSHAKE, his x mark.
WASHAPAWATOINKE, his x mark.
WOGOOPE-SHINKA, his x mark.
WAPISANTZE, his x mark.
LYNN, his x mark.
TZIWAIGTIN, his x mark.
KATRIKA-WATZEGIHE, his x mark.
CLARMORE, his x mark.
GRAITAN-SHINKA, his x mark.
BIG ELK, his x mark.
WATAINKA, his x mark.
WATSATANKA, his x mark.

Counsellors:

HAISHAGTA, his x mark.
GULAWASHOUSTA, his x mark.
WAGRISHIE, his x mark.
MASHANKONSHIE, his x mark.

Warriors:

NUNPA-WOKA, his x mark.
WATZEKA-TUMPARI, his x mark.
NIGKAKOMA, his x mark.
NIGKA, his x mark.
SHIESHEPETZE, his x mark.
OGLAPASHIE, his x mark.
NAGTAGTANKAWAKE, his x mark.
COWAGOUTZEAGUIE, his x mark.
HESKAMANI, his x mark.
NIGKASIBLAN, his x mark.
MAKI-CACHE, his x mark.
WAPI-SONZE, his x mark.

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WACHATAN, his x mark.
ISTAMAZE, his x mark.
MANZE-TAN, his x mark.
NUNGPAPI, his x mark.
MICHASKA-OGRANKE, his x mark.
ZANSOMANI, his x mark.
MIHILE, his x mark.

Signed in the presence of—
JOSEPH SWISS, U. S. Interpreter.
PETER P. ELDER, U. S. Indian Agent.
S. C. POMEROY.
S. W. JOHNSON.
JOHN SCHOENMAKER.
JAMES A. COFFEY.
DARIUS ROGERS.


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