northwest corner of said State; then along the northern boundary line of the said State of Missouri, till it strikes the line of the lands of the Sac and Fox Indians; thence northwardly along said line to a point from which a west line would strike the sources of the Little Sioux river; thence along said west line, till it strikes the said sources of said river; then down said river to its mouth; thence down the Missouri river, to the place of beginning: Provided the said boundary shall contain five million of acres; but should it contain more, then said boundaries are to be reduced so as to contain the said five millions of acres. And, in consideration of the alteration of said boundary we ask that ten thousand dollars should be paid to such commissioner, as shall be designated by us to receive the same west of the Mississippi river, at such place on the tract of country ceded to the said united nation as we may designate, and to be applied, as we may direct for the use and benefit of the said nation. And the further sum of two thousand dollars to be paid to Gholson Kercheval, of Chicago, Ill: for services rendered the said united nation of Indians during the late war, between the U. S. Government and the Sacs and Foxes; and the further sum of one thousand dollars to George E. Walker for services rendered the said United nation, in bringing Indian prisoners, from west of the Mississippi river to Ottawa, Laselle county, Ill. for whose appearance at the circuit court of said county, the said nation was bound.

The foregoing propositions are made with the expectation, that with the exception of the alteration in the proposed boundary, and the indemnity herein demanded as an equivalent for said exchange, the whole of the treaty made and concluded at this place on the 26th and 27th days of September 1833, be ratified as made and concluded at that time, within the space of five months from the present date; otherwise it is our wish that the whole of the said treaty should be considered as cancelled. In witness whereof, we, the undersigned chiefs of the said united nation of Chippewa, Ottowa and Potawatamie Indians, being specially delegated with power and authority to effect this negotiation, have hereto set our hands and seals at Chicago in the State of Illinois, on the first day of October, A. D., 1834.

In presence of Richd. J. Hamilton. Jno. H. Kinzie. Dr. G. Maxwell, U. S. Army. J. Grant, jr. E. M. Owen. J. M. Baxley, Capt. 5th Infy.

To the Indian names are subjoined a mark and seal.

[NOTE. This Treaty and the Supplementary Articles thereto, were ratified and confirmed, upon the conditions expressed in the two Resolutions of the Senate in relation to the same; which conditions as contained in the first named resolution, are as follows:

"That the Senate do advise and consent to the ratification of the Treaty, made on the 26th day of September 1833, at Chicago, by George B. Porter and others, Commissioners on behalf of the United States, and the United Nation of Chippewas, Ottowas, and Pottawatamies Indians, and the supplementary articles thereto, dated on the 27th day of September, 1833, with the following amendments and provisions, to wit. 1st: amend the third article in Schedule A, by striking out the word "ten" and inserting the word five as to each of the sums to be paid to Billy Caldwell and Alexander Robinson; so that the sum of five thousand dollars only will be paid to each of them, and the sum of ten thousand dollars, thus deducted, to be paid to the Indians.-2d. All the debts, mentioned in schedule B, in the same article, and which are specified in exhibit E, to the report of the committee, to be examined by a commissioner to be appointed by the President, with the advice and consent of the Senate, and the individuals to be paid only the sums found by said commissioner, to have been justly due; in no instance increasing the sum agreed to be paid; and whatever sum is saved by deduction or disallowance of the debts in exhibit E, to be paid to the Indians, and the residue to the claimants respectively. 3d. Strike out article 5th in the treaty. 4th: Strike out article 4th in the supplementary articles: and provided, that the lands given

See Treaty, ante, page 431.

to the said Indians, in exchange, in place of being bounded in the manner described in
the treaty be so changed, that the first line shall begin at the mouth of Boyer's river,
and run down the river Missouri to a point thereon from which a line running due east
will strike the northwestern corner of the State of Missouri; from that point due east
till it strikes said northwest corner; then, along the northern boundary line of said
State, till it strikes the line of the lands belonging to the Fox and Sac Indians; thence
northwardly, so far as to make to the Indians full compensation for the quantity of land
which will be thus taken from them on the southwestern part of the tract allowed them
by the boundaries as at present described in the treaty; and provided, further, that this
alteration of boundaries can be effected with the consent of the Indians. Also the said
commissioner shall examine whether three thousand dollars, a part of the sum of
seventeen thousand dollars directed to be paid to Robert Stuart agent of the American
Fur Company, was to be paid and received in full discharge of all claims and demands
which said company had against Gurdon S. Hubbard and James Kinzie; and if he finds
it was to be so paid, that then the sum of fourteen thousand dollars, only, be paid, until
said agent of said company give a receipt of all debts due, and demands which said
company had against said Hubbard and Kinzie; and, upon giving such receipt, that
then the said sum of three thousand dollars be likewise paid to said agent."
And those contained in the second named resolution are as follows:

"That the Senate do advise and consent to the alteration proposed by the Chiefs of the United Nation of Chippewa, Ottawa and Pottawattamie Indians, concluded at Chicago, in the State of Illinois, on the first day of October 1834, to the treaty concluded between the Commissioners on the part of the United States and the chiefs of the said United Nation on the 26th of September, 1833:-it being expressly understood by the Senate that no other of the provisions of the resolution of the Senate of the 22d day of May 1834, ratifying the said treaty, shall be affected, or in any manner changed, by the said proposed alteration of 1st October, 1834, excepting the proposed alteration in the boundaries therein mentioned, and the sums of money therein stipulated to be paid."]

Oct. 9, 1833. Proclamation, April 12, 1831.

Cession of land to U. S.

Hunting ground.

Amount of goods to be annually given.

Agricultural implements.

ARTICLES OF AGREEMENT AND CONVENTION,

Made this ninth day of October, A. D. 1833, at the Grand Pawnee village, on the Platte river, between Henry L. Ellsworth, commissioner in behalf of the United States, and the chiefs and head-men of the four confederated bands of Pawnees, viz.— Grand Pawnees, Pawnee Loups, Pawnee Republicans, and Pawnee Tappaye, residing on the Platte and the Loup fork.

ART. I. The confederated bands of Pawnees aforesaid hereby cede and relinquish to the United States all their right, interest, and title in and to all the land lying south of the Platte river.

ART. II. The land ceded and relinquished hereby, so far as the same is not and shall not be assigned to any tribe or tribes, shall remain a common hunting ground, during the pleasure of the President, for the Pawnees and other friendly Indians, who shall be permitted by the President to hunt on the same.

ART. III. The United States, in consideration of said cession and for the purpose of advancing the welfare of the said Pawnees, agree to pay said bands annually, for the term of twelve years, the sum of fortysix hundred dollars in goods, at not exceeding St. Louis prices, as follows: to the Grand Pawnees and Republican villages, each thirteen hundred dollars, and to the Pawnee Loups and Tappaye Pawnee villages each one thousand dollars, and said annuity to said Grand Pawnees is in full remuneration for removal from the south to the north side of the Platte, and building again.

ART. IV. The United States agree to pay to each of said four bands, for five years, the sum of five hundred dollars in agricultural implements; and to be continued longer if the President thinks proper.

ART. V. The United States agree to allow one thousand dollars a

Provision for

year for ten years, for schools to be established for the benefit of said schools. four bands at the discretion of the President.

ART. VI. The United States agree to furnish two blacksmiths and Blacksmiths, &c. two strikers, with shop, tools and iron, for ten years, for said four bands, at an expense not exceeding two thousand dollars in the whole annually.

Farmer, oxen,

ART. VII. The United States agree to furnish each of said four tribes with a farmer for five years, and deliver to said farmers for the benefit &c. of said nation, one thousand dollars value in oxen and other stock. But said stock is not to be delivered into the hands of the said Pawnees, until the President thinks the same can be done with propriety and safety.

ART. VIII. The United States agree to erect, for each of said four bands, a horse-mill for grinding corn.

ART. IX. The Pawnee nation renew their assurance of friendship for the white men, their fidelity to the United States, and their desire for peace with all neighboring tribes of red men. The Pawnee nation therefore agree not to molest or injure the person or property of any white citizen of the United States, wherever found, nor to make war upon any tribe with whom said Pawnee nation now are, or may be, at peace; but should any difficulty arise between said nation and any other tribe, they agree to refer the matter in dispute to such arbiter as the President shall appoint to settle the same.

ART. X. It is agreed and understood that the United States shall not be bound to fulfil the stipulations contained in the fifth, seventh, and eighth articles, until said tribes shall locate themselves in convenient agricultural districts, and remain in these districts the whole year, so as to give protection to the teachers, the farmers, stock and mill.

ART. XI. The United States, desirous to show the Pawnees the advantages of agriculture, engage, in case the Pawnees cannot agree to remain to protect their domestic interest, to break up for each village a piece of land suitable for corn and potatoes for one season; and should either village at any time agree to give the protection required, said village shall be entitled to the benefits conferred in said fifth, seventh, and eighth articles.

Corn mill.

Disputes with other tribes

arbiter.

Condition

these

tions.

to

of stipula

Guns and am

ART. XII. In case the Pawnee nation will remain at home during the year, and give the protection specified, the United States agree to munition. place twenty-five guns, with suitable ammunition, in the hands of the farmers of each village, to be used in case of an attack from hostile bands.

ART. XIII. The United States further agree to deliver to said four bands collectively, on the execution of this treaty, the amount of sixteen hundred dollars in goods and merchandise, and the receipt of the same is hereby acknowledged by said bands.

ART. XIV. These articles of agreement and convention shall be obligatory and binding when ratified by the President and Senate of the United States.

In testimony whereof, the said Henry L. Ellsworth, commissioner, and the chiefs and head-men of the four confederated bands of the Grand Pawnees, Pawnee Loups, Pawnee Republicans, and Tap2 N 2

57

Goods.

Treaty binding when ratified.

paye Pawnees have hereunto signed their names and affixed their seals on the day and year above written.

Signed, sealed, and delivered in the presence of Edward A. Ellsworth, Sec.
pro tem.
Jno. Dougherty, Indn. Agt. A. L. Papin. Ware S. May, M. D.
John Dunlop. John T. Irving, Jr. Lewis La Chapelle, Interpreter.

To the Indian names are subjoined marks.

ARTICLES OF CONVENTION AND AGREEMENT

May 24, 1834. Proposed by the Commissioners on the part of the United States, in pursuance of the request made, by the Delegation representing the Chickasaw nation of Indians, and which have been agreed to.

Proclamation, July 1, 1834.

Peace and friendship,

Indians about

to remove, are to be protected by U. S.

U. S. to prevent intrusions on their lands.

ART. I. It is agreed that perpetual amity, peace and friendship, shall exist between the United States, and the Chickasaw nation of Indians.

ART. II. The Chickasaws are about to abandon their homes, which they have long cherished and loved; and though hitherto unsuccessful, they still hope to find a country, adequate to the wants and support of their people, somewhere west of the Mississippi and within the territorial limits of the United States; should they do so, the Government of the United States, hereby consent to protect and defend them against the inroads of any other tribe of Indians, and from the whites; and agree to keep them without the limits of any State or Territory. The Chickasaws pledge themselves never to make war upon any Indian people, or upon the whites, unless they are so authorised by the United States. But if war be made upon them, they will be permitted to defend themselves, until assistance, be given to them by the United States, as shall be the case.

ART. III. The Chickasaws are not acquainted with the laws of the whites, which are extended over them; and the many intruders which break into their country, interupting their rights and disturbing their repose, leave no alternative whereby restraint can be afforded, other than an appeal to the military force of the country, which they are unwilling to ask for, or see resorted to; and therefore they agree to forbear such a request, for prevention of this great evil, with the understanding, which is admitted, that the agent of the United States, upon

the application of the chiefs of the nation, will resort to every legal civil remedy, (at the expense of the United States,) to prevent intrusions upon the ceded country; and to restrain and remove trespassers from any selected reservations, upon application of the owner of the same. And it is also agreed, that the United States, will continue some discreet person as agent, such as they now have, to whom they can look for redress of wrongs and injuries which may be attempted against them; and it is consented, that if any of their property, be taken by persons of the United States, covertly or forcibly, the agent on satisfactory and just complaint being made, shall pursue all lawful civil means, which the laws of the State permit, in which the wrong is done, to regain the same, or to obtain a just remuneration; and on failure or inability to procure redress, for the offended, against the offending party; payment for the loss sustained, on production of the record, and certificate of the facts, by the agent, shall be made by the United States; but in all such cases, satisfactory proof, for the establishing of the claim, shall be offered.

ART. IV. The Chickasaws desire to have within their own direction and control, the means of taking care of themselves. Many of their people are quite competent to manage their affairs, though some are not capable, and might be imposed upon by designing persons; it is therefore agreed that the reservations hereinafter admitted, shall not be permitted to be sold, leased, or disposed of unless it appear by the certificate of at least two of the following persons, to wit: Ish-ta-ho-ta-pa the King, Levi Colbert, George Colbert, Martin Colbert, Isaac Alberson, Henry Love, and Benj. Love, of which five have affixed their names to this treaty, that the party owning or claiming the same, is capable to manage, and to take care of his or her affairs; which fact, to the best of his knowledge and information, shall be certified by the agent; and furthermore that a fair consideration has been paid; and thereupon, the deed of conveyance shall be valid provided the President of the United States, or such other person as he may designate shall approve of the same, and endorse it on the deed; which said deed and approval, shall be registered, at the place, and within the time, required by the laws of the State, in which the land may be situated; otherwise to be void. And where such certificate is not obtained; upon the recommendation of a majority of the Delegation, and the approval of the agent, at the discretion of the President of the United States, the same may be sold; but the consideration thereof, shall remain as part of the general Chickasaw fund in the hands of the Government, until such time as the chiefs in council shall think it advisable to pay it to the claimant or to those, who may rightfully claim under said claimant, and shall so recommend it. And as the King, Levi Colbert, and the Delegation, who have signed this agreement, and to whom certain important and interesting duties purtaining to the nation, are assigned, may die, resign, or remove, so that their people may be without the benefit of their services, it is stipulated, that as often as any vacancy happens, by death, resignation, or otherwise, the chiefs shall select some discrete person of their nation to fill the occurring vacancy, who, upon a certificate of qualification, discretion and capability, by the agent, shall be appointed by the Secretary of War; whereupon, he shall possess all the authority granted to those who are here named, and the nation will make to the person so appointed, such reasonable compensation, as they with the assent of the agent and the Secretary of War, may think right, proper and reasonable to be

allowed.

ART. V. It is agreed that the fourth article of the "Treaty of Pontitock," be so changed, that the following reservations be granted in fee:-To heads of families, being Indians, or having Indian families,

Under what

authority reser vations may be sold.

Grants to be

in fee; how de

termined.

Ante, p. 381.