INDIAN AFFAIRS: LAWS AND TREATIES

Vol. II, Treaties    

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.


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TREATY WITH THE PONCA, 1825.

June 9, 1825. | 7 Stat., 247. | Proclamation, Feb 6, 1826.

Page Images: 225 | 226 | 227


Margin Notes
Supremacy of United States acknowledged.
United States will take the Poncars under their protection.
Trade, etc., to be transacted at such places as the President may designate.
Regulation of trade among the Indians.
Course to be pursued in order to prevent injuries by individuals.
Chiefs to exert themselves to recover stolen property.
Proviso.
No guns, etc., to be furnished by them to any nation, etc., hostile to the United States.

Page 225

FOR the purposes of perpetuating the friendship which has heretofore existed, as also to remove all future cause of discussion or dissension, as it respects trade and friendship between the United States and their citizens, and the Poncar tribe of Indians, the President of the United States of America, by Brigadier General Henry Atkinson, of the United States' Army, and Major Benjamin O'Fallon, Indian Agent, with full powers and authority, specially appointed and commissioned for that purpose of the one part, and the undersigned Chiefs, Headmen, and Warriors, of the Poncar tribe of Indians, on behalf of said tribe, of the other part, have made and entered into the following articles and conditions, which, when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding on both parties—to wit:

ARTICLE 1.

It is admitted by the Poncar tribe of Indians, that they reside within the territorial limits of the United States, acknowledge their supremacy, and claim their protection. The said tribe also admit the right of the United States to regulate all trade and intercourse with them.

ARTICLE 2.

The United States agree to receive the Poncar tribe of Indians into their friendship, and under their protection, and to extend to them, from time to time, such benefits and acts of kindness as may be convenient, and seem just and proper to the President of the United States.

ARTICLE 3.

All trade and intercourse with the Poncar tribe shall be transacted at such place or places as may be designated and pointed out by the President of the United States, through his agents; and none but American citizens, duly authorized by the United States, shall be admitted to trade or hold intercourse with said tribe of Indians.

Page 226

ARTICLE 4.

That the Poncar tribe may be accommodated with such articles of merchandise, &c. as their necessities may demand, the United States agree to admit and license traders to hold intercourse with said tribe, under mild and equitable regulations: in consideration of which, the Poncar tribe bind themselves to extend protection to the persons and the property of the traders, and the persons legally employed under them, whilst they remain within the limits of the Poncar district of country. And the said Poncar tribe further agree, that if any foreigner, or other person not legally authorized by the United States, shall come into their district of country, for the purposes of trade or other views, they will apprehend such person or persons, and deliver him or them to some United States' superintendent, or agent of Indian Affairs, or to the Commandant of the nearest military post, to be dealt with according to law. And they further agree to give safe conduct to all persons who may be legally authorized by the United States to pass through their country; and to protect, in their persons and property, all agents or other persons sent by the United States to reside temporarily among them.

ARTICLE 5.

That the friendship which is now established between the United States and the Poncar tribe should not be interrupted by the misconduct of individuals, it is hereby agreed, that for injuries done by individuals, no private revenge or retaliation shall take place, but instead thereof, complaints shall be made, by the party injured, to the superintendent or agent of Indian affairs, or other person appointed by the President; and it shall be the duty of the said Chiefs, upon complaint being made as aforesaid, to deliver up the person or persons against whom the complaint is made, to the end that he or they may be punished agreeably to the laws of the United States. And, in like manner, if any robbery, violence, or murder, shall be committed on any Indian or Indians belonging to said tribe, the person or persons so offending shall be tried, and if found guilty shall be punished in like manner as if the injury had been done to a white man. And it is agreed, that the Chiefs of said Poncar tribe shall, to the utmost of their power, exert themselves to recover horses or other property, which may be stolen or taken from any citizen or citizens of the United States, by any individual or individuals of said tribe; and the property so recovered shall be forthwith delivered to the agents or other person authorized to receive it, that it may be restored to the proper owner. And the United States hereby guaranty to any Indian or Indians of said tribe, a full indemnification for any horses or other property which may be stolen from them by any of their citizens: Provided, That the property so stolen cannot be recovered, and that sufficient proof is produced that it was actually stolen by a citizen of the United States. And the said Poncar tribe engage, on the requisition or demand of the President of the United States, or of the agents, to deliver up any white man resident among them.

ARTICLE 6.

And the Chiefs and Warriors, as aforesaid, promise and engage, that their tribe will never, by sale, exchange, or as presents, supply any nation or tribe of Indians, not in amity with the United States, with guns, ammunition, or other implements of War.

Done at the Poncar Village, at the mouth of White Paint creek, the first below the Qui Carre river, this 9th day of June, A. D. 1825, and of the independence of the United States the forty-ninth.

Page 227

In testimony whereof, the said commissioners, Henry Atkinson and Benjamin O'Fallon, and the chiefs, head men, and warriors, of the Poncar tribe, have hereunto set their hands and affixed their seals.

H. Atkinson, brigadier-general, U. S. Army, [L. S.]

Benj. O'Fallon, United States agent Indian Affairs, [L. S.]

Shu-de-gah-he, or He who makes Smoke, his x mark, [L. S.]

Ish-ca-da-bee, or Child Chief, his x mark, [L. S.]

Wah-ha-nee-che, or He who hides something, his x mark, [L. S.]

Wah, or The Hoe, his x mark, [L. S.]

O-nam-ba-haa, or Lightning, his x mark, [L. S.]

Ti-e-kee-ree, or Big Head with tangled hair, his x mark, [L. S.]

Wa-we-shu-shee, or The Brave, his x mark, [L. S.]

Ou-de-cowee, or the one that has been wounded, his x mark, [L. S.]

Ne-ou-gree, or Prairie apple, his x mark, [L. S.]

Woh-ge-a-mussee, or The flying iron, his x mark, [L. S.]

Pee-la-ga, or Buffalo, his x mark, [L. S.]

Wah-buc-kee, or The bull that leads, his x mark, [L. S.]

Wah-ha-nega, or He that has no knife, his x mark, [L. S.]

Mah-shar-harree, or He that walks on land, his x mark, [L. S.]

Mach-souch-kee-na-pabee, or He that fears no bears, his x mark, [L. S.]

Ca-hee-tha-bee, or Black raven, his x mark, [L. S.]

Gah-he-ga, or The relative of the Chiefs, his mark, [L. S.]

Na-hee-tapee, or He that stamps, his x mark, [L. S.]

Na-ne-pa-shee, or One that knows, his x mark, [L. S.]

Witnesses:

H. Leavenworth, colonel, U. S. Army.

S. W. Kearny, brevet major First Infantry.

D. Ketchum, major, U. S. Army.

G. H. Kennerley, U. S. S. Indian agent.

John Gale, surgeon, U. S. Army.

J. Gantt, captain, Sixth Infanty.

Wm. Armstrong, captain, Sixth Regiment Infantry.

S. MacRee, lieutenant, First Infantry.

J. Rogers, lieutenant, Sixth Infantry.

Thomas Noel, lieutenant, Sixth Infantry.

S. Wragg, adjutant, First Regiment Infantry.

R. Holmes, lieutenant, Sixth Infantry.

Thos. P. Gwynn, lieutenant, First Infantry.

Levi Nute, lieutenant, Sixth Infantry.

Jas. W. Kingsbury, lieutenant, First Regiment Infantry.

M. W. Batman, lieutenant, Sixth Infantry.

Wm. L. Harris, First Infantry.

R. M. Coleman, assistant surgeon, U. S. Army.

Wm. Gordon,

A. Langman,

P. X. Promo,

A. L. Langham, Secretary to the Commission.


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