1846 reside among them as a trader, who is not furnished with a license for that purpose, under the hand and seal of the superintendent to be appointed by the President of the United States, or such other persons as the President shall authorize to grant such licenses, to the end that said Indians may not be imposed on in their trade ; and if any licensed trader shall abuse his privilege by unfair dealing, upon complaint by the chiefs to their agents, and proof thereof, his license shall be taken from him, and he shall be further punished according to the laws of the United States; and if any person shall intrude himself as a trader without such license, upon complaint he shall be dealt with according to law. ART. III. The United States reserves to itself the right of working such mines as may be found within the Indian territory, and the said tribes pledge themselves to protect such persons as the President of the United States may send among them for that purpose. In order to guard against the perpetration of frauds upon the Indians, under pretext of hunting and working mines, no person shall be permitted to go among them for that purpose, except by express license from the President of the United States. ART. IV. The said tribes and their associate bands agree to deliver by the first day of November next, to the superintendent of Indian affairs to be appointed by the President, at such place as he may direct, due notice of which shall be given to the said tribes, all white persons, and negroes, who are now prisoners among any of the said tribes or nations, for which the United States agree to make to them a fair compensation; and the United States further agree to make all the prisoners taken from said tribes by Texas or the United States, shall be delivered up to the said tribes, at the same time and place, without charge. And when any member of any of said tribes or nations, and their associate bands, having in his possession an American prisoner or prisoners, white or black, shall refuse to give them up, the President of the United States shall have the privilege of sending among said tribes or nations such force as he may think necessary to take them; and the chiefs of the nations or tribes, parties to this treaty, pledge themselves to give protection and assistance to such persons as may be sent among them for this purpose. ART. V. The said tribes or nations shall have the right of sending delegates to the city of Washington whenever they may think their interest requires it. ART. VI. The said tribes and their associate bands pledge them selves to give notice to the agent of the United States, residing 1846 near them, of any designs which they may know or suspect to [be] formed in any neighboring tribe, or by any person whatever, against the peace and interests of the United States. ART. VII. It is agreed that if any Indian or Indians shall commit a murder or robbery on any citizen of the United States, the tribe or nation to which the offender belongs shall deliver up the person or persons so complained of, on complaint being made to their chief, to the nearest post of the United States, to the end that he or they may be tried; and if found guilty, punished according to the law of the State or Territory where such offence may have been committed. In like manner, if any subject or citizen of the United States shall commit murder or robbery on any Indian or Indians of the said tribes or nations, upon complaint thereof to the agent residing near them, he or they shall be arrested, tried, and punished according to the law of the State or Territory where such offence may have been committed. ART. VIII. The practice of stealing horses has prevailed, very much to the great disquiet of the citizens of the United States, and, if persisted in, cannot fail to involve both the United States and the Indians in endless strife. It is therefore agreed that it shall be put an entire stop to on both sides. Nevertheless, should bad men, in defiance of this agreement, continue to make depredations of that nature, the person convicted thereof shall be punished with the utmost severity according to the laws of the State or Territory where the offence may have been committed; and all horses so stolen, either by the Indians from the citizens of the United States, or by the citizens of the United States from any of the said tribes or nations, into whose possession soever they may have passed, upon due proof of rightful ownership, shall be restored; and the chiefs of said tribes or nations shall give all necessary aid and protection to citizens of the United States in reclaiming and recovering such stolen horses; and the civil magistrates of the United States respectively shall give all necessary aid and protection to Indians in claiming and recovering such stolen horses. ART. IX. For the protection of said Indians and for the purpose of carrying out the stipulations of this treaty more effectually, the President shall, at his discretion, locate upon their borders trading houses, agencies, and posts. In consideration of the friendly disposition of said tribes, evidenced by the stipulations in the present treaty, the commissioners of the United States, in behalf of the said States, agree to give to the said tribes or nations goods as presents, 1846 at this time, and agree to give presents in goods to them to the amount of next fall, at the Council Springs, on the Brazos, where this council is now held, or at some other point to be designated, and of which due notice shall be given to said tribes. ART. X. The said tribes or nations and their associate bands are now, and forever agree to remain, at peace with the United States. All animosities for past offences are hereby mutually forgiven and forgotten, and the parties to this treaty pledge themselves to carry it into full execution, in good faith and sincerity. ART. XI. And the said tribes and their associate bands are now, and agree to remain, friendly with such tribes as are now at peace with the United States, residing upon the waters of the Arkansas, Missouri, and Red rivers. ART. XII. If any person or persons shall introduce ardent spirits or intoxicating liquors of any kind among said tribes or nations, such person or person shall be punished according to the laws of the United States, and the said tribes or nations agree to give immediate notice to the agent of the United States residing near them, and to prevent by any means in their power the violation of this article of treaty. ART. XIII. It is further agreed that blacksmiths shall be sent to reside among the said tribes or nations to keep their guns and farming utensils in order, as long and in such manner as the President may think proper. It is further agreed that school teachers, at the discretion of the President, shall be sent among the said tribes or nations for the purpose of instructing them; and the said tribes or nations agree that preachers of the gospel may travel or reside among them by permission of the President or his agents to be appointed, and that ample protection shall be afforded them in the discharge of their duties. ART. XIV. The said tribes or nations, parties to this treaty, are anxious to be at peace with all other tribes or nations, and it is agreed that the President shall use his exertions in such manner as he may think proper to preserve friendly relations between the different tribes or nations parties to this treaty, and all other tribes of Indians under his jurisdiction. Given under our hands and seals this day and date above. AMENDMENTS. 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 fifteenth day of February, one thousand eight hundred 1846 and forty-seven, resolve as follows, viz: Resolved (two-thirds of the Senators present concurring), That the Senate advise and consent to the ratification of the articles of a Strike out the fifth article of the treaty in the following words: In article 9, line 9, after the word « of », insert ten thousand dollars. In article 9, line 9, strike out the words « next fall », and insert, at such time as the President of the United States may think proper. 3. Traité avec les Pottowatomies, les Chippewas et les Ottowas, signé le 5 et 17 Juin 1846. Whereas the various bands of the Pottowautomie Indians, known as the Chippewas, Ottawas, and Pottowautomies, the Pottowautomies of the Prairie, the Pottowautomies of the Wabash, and the Pottowautomies of Indiana have, subsequent to the year 1828, entered into separate and distinct treaties with the United States, by which 1846 they have been separated and located in different countries, and difficulties have arisen as to the proper distribution of the stipulations under various treaties, and being the same people by kindred, by feeling, and by language, and having, in former periods, lived on and owned their lands in common; and being desirous to unite in one common country, and again become one people, and receive their annuities and other benefits in common; and to abolish all minor distinctions of bands by which they have heretofore been divided, and are anxious to be known only as the POTTOWAUTOMIE NATION, thereby reinstating the national character; and whereas the United States are also anxious to restore and concentrate said tribes to a state so desirable and necessary for the happiness of their people, as well as to enable the government to arrange and manage its intercourse with them: now, therefore, the United States and the said Indians do hereby agree that said people shall hereafter be known as a nation, to be called the POTTOWAUTOMIE NATION; and to the following: Articles of a treaty made and concluded at the Agency on the Missouri river, near Council Bluffs, on the fifth day of June, and at Pottowautomie creek, near the Osage river, south and west of the State of Missouri, on the seventeenth day of the same month, in the year of our Lord one thousand eight hundred and forty-six, between T. P. Andrews, Thomas H. Harvey, and Gideon C. Matlock, commissioners on the part of the United States, on the one part, and the various bands of the Pottowautomie, Chippewas, and Ottawas Indians on the other part: ART. I. It is solemnly agreed that the peace and friendship which so happily exist between the people of the United States and the Pottowautomie Indians shall continue forever. The said tribes of Indians giving assurance, hereby, of fidelity and friendship to the government and people of the United States; and the United States. giving, at the same time, promise of all proper care and parental protection. ART. II. The said tribes of Indians hereby agree to sell and cede, and do hereby sell and cede to the United States, all the lands to which they have claim of any kind whatsoever, and especially the tracts or parcels of lands ceded to them by the treaty of Chicago, and subsequent thereto, and now, in whole or in part, possessed by their people, lying and being north of the river Missouri, and embraced in the limits of the Territory of Iowa; and also all that tract of country lying and being on or near the Osage river, and west of the State of Missouri: it being understood that these cessions |