Treaties : Treaty of 1861
TREATY WITH THE SAUK AND FOXES, ETC. (March 6, 1861)
[Further reduction of Nemaha lands]
12 Stat., 1171.
Ratified Feb. 6, 1863.
Proclaimed Mar. 26, 1863.
Articles of agreement and convention made and concluded at the of the
Great Nemaha agency, Nebraska Territory, on the sixth of March, A. D. one
thousand eight hundred and sixty-one, by and between Daniel Vanderslice, U.S.
Indian agent, on the part of United States, and the following-named
delegates of the Sacs and Foxes of Missouri, viz: Pe-ta-ok-a-ma,
Ne-sour-quoit, Mo-less, and Se-se-ah-kee; and the following-named delegates
of the Iowa tribe, viz: No-heart, Nag-ga-rash, Mah-hee, To-bee, Tah-ra-kee,
Thur-o-mony, and White Horse; they being duly authorized thereto by their
respective tribes.
ARTICLE 1. The Sacs and Foxes of Missouri hereby cede, relinquish, and convey
to the United States all their right, title, and interest in and to lands within
their present reservation, described as follows, viz: beginning at the mouth of
the south fork of the Great Nemaha River, and thence up the southwest bank of
the Great Nemaha, with its meanders, to the mouth of the west fork; thence up
the west fork, with its meanders, to the line of the 40 [degree] of parallel on
the west bank of creek or fork where is established the southwest corner of the
Sac and Fox reserve, by erecting a stone monument, from which the following
references bear, viz: A large cottonwood tree, three feet in diameter, bears S.
44: 00' E. 1.05 chains; a rock bears N. 30:00' W. 50 links; another rock bearss.
50: 00' west 50 links; and another rock bears due north one chain; thence east
along the line of the 40: of parallel to the west bank of the south fork of the
Great Nemaha River, distance fourteen miles twenty-seven chains and sixty links,
where is established the southeast corner of the Sac and Fox reserve, by
erecting a stone pile with a black walnut post in the center of it, from which a
white elm, two feet in diameter, bears S. 33: 00' E. 22 links, and marked with
the letters S. E. Cot. for the southeast corner, and another elm, 18 inch(e)s in
diameter, bears S. 390 00' E. 1.05 chains, and marked SE C B SE., for the
southeast corner, bearing, and distance; and another black walnut, 9 inch(e)s in
diameter, bears S. 15: 00' E. 85 links, and thence down the south fork, with its
meanders, to the point of beginning, estimated to contain 32,098 acres, 3 roods
and 35 perches.
ARTICLE 2. The aforesaid lands shall be surveyed in conformity with the
system governing the survey of the public lands; and the same shall be sold,
under the direction of the Secretary of the Interior, in parcels not exceeding
one hundred and sixty acres each, to the highest bidder for cash; the sale to be
made upon sealed proposals, to be duly invited by public advertisement,
provided, no bid shall be favorably considered which may be less than one dollar
and twenty-five cents per acre. And should any of the tracts so to be sold have
upon them improvements of any kind which were made by or for the Indians, or for
Government purposes, the proposals therefor must state the price for both the
land and improvements. The proceeds of the sales thereof, after deducting
therefrom the expenses of surveying the lands and all other expenses incident to
the negotiation of these articles of convention and the proper execution
thereof, the balance shall be applied as follows, viz: One half shall be held in
trust by the United States for the benefit of the Sacs and Foxes of Missouri,
and interest thereon, at the rate of five per centum per annum, shall be paid
annually, with the other funds to be paid said tribe, in the same manner as
stipulated in the treaty of May 18th, 1854; and the other half of said balance
shall be applied as hereinafter specified.
ARTICLE 3. The Iowa tribe of Indians, parties to this agreement, hereby cede,
relinquish, and convey to the United States, for the use and benefit of the Sacs
and Foxes of Missouri, for their permanent home, all that part of their present
reservation lying and being west of Nohearts Creek, and bounded as follows, viz:
Beginning at a point where the southern line of the present Iowa reserve crosses
Nohearts Creek; thence with said line to the south fork of the Nemaha, (commonly
known as Walnut Creek;) thence down the middle of said south fork, with the
meanders thereof, to its mouth, and to a point in the middle of the Great Nemaha
River; thence down the middle of said river to a point opposite the mouth of
Nohearts Creek; and thence, in a southerly direction with the middle of said
Nohearts Creek, to the place of beginning. And it is hereby understood and
agreed that, in full consideration for said cession, the United States shall
hold in trust, for the use and benefit of the Iowas, the one-half of the net
proceeds of the sales of the lands described in the second article of this
agreement, and interest thereon, at the rate of five per centum per annum shall
be paid to the Iowa tribe in the same manner as their annuities are paid under
the treaty of May 17, 1854. The reservation herein described shall be surveyed
and set apart for the exclusive use and benefit of the Sacs and Foxes of
Missouri, and the remainder of the Iowa lands shall be the tribal reserve of
said Iowa Indians for their exclusive use and benefit.
ARTICLE 4. The Sacs and Foxes of Missouri being anxious to make full
satisfaction for a just claim which Joseph Tesson holds against said tribe, it
is hereby agreed by the parties to this convention that said claimant shall
select a quarter section or one hundred and sixty acres of land, to include his
present residence and improvements, to be located in one body, in conformity
with the legal subdivisions of the public surveys, which tract of land shall be
received by him in full payment of said claim, estimated at about eight hundred
dollars, and all other claims or rights of every character whatsoever against
said tribe; and when a relinquishment shall have been executed by said claimant
in favor of said tribe for all claims that he may have against them, a patent
shall be issued to him for said tract of land in fee-simple.
The following chiefs shall be entitled to select each a quarter section or
one hundred and sixty acres of land in one body, In conformity with the public
surveys, to include their present residences and improvements, viz:
Pe-te-ok-a-ma, Ne-sour-quoit, and Mo-less: and George Gomess, a member of the
Sac and Fox tribe, shall select in like manner one-eighth of a section or eighty
acres of land in one body, to include his improvements, and patents shall be
issued therefor in favor of said persons in fee-simple.
ARTICLE 5. In order to encourage education among the aforesaid tribes of
Indians, it is hereby agreed that the United States shall expend the sum of one
thousand dollars for the erection of a suitable school-house, and dwelling-house
for the school teacher, for the benefit of the Sacs and Foxes, and also the
additional sum of two hundred dollars per annum for school purposes, so long as
the President of the United States may deem advisable. And for the benefit of
the Iowa tribe of Indians there shall be expended, in like manner, at the
discretion of the President, the sum of three hundred dollars per annum, for
school purposes, which two last-mentioned sums shall be paid out of the funds to
be appropriated for the civilization of Indians.
ARTICLE 6. There shall be set apart in one body, under the direction of the
Commissioner of Indian Affairs, one section, or six hundred and forty acres of
land, in harmony with the public survey, so as to include the agency-dwelling,
agency-office, council-house, schoolhouse, teachers' dwelling, blacksmith's
dwelling and shops, and such farming land as may be necessary for the use of the
school, agency, and employees thereat.
ARTICLE 7. No person not a member of either of the tribes, parties to this
convention, shall go upon the reservations or sojourn among the Indians without
a license or written permit from the agent or superintendent of Indian affairs,
except Government employees or persons connected with the public service. And no
mixed-blood Indians, except those employed at some mission, or such as may be
sent there to be educated, or other members of the aforesaid tribes, shall
participate in the beneficial provisions of this agreement or former treaties,
unless they return to and unite permanently with said tribes, and reside upon
the respective reservations within six months from the date of this
convention.
ARTICLE 8. It is hereby understood and agreed by the contracting parties
hereto that the stipulations of the treaty with the Sacs and Foxes of Missouri
of May 18th, 1854, and the treaty with the Iowa Indians of the 17th of May,
1854, which may not be inconsistent with these articles of convention, shall
have full force and effect upon the contracting parties hereto.
ARTICLE 9. This instrument shall be obligatory upon the respective parties
hereto, whenever the same shall be ratified by the President and the Senate of
the United States.
ARTICLE 10. The Secretary of the Interior may expend a sum not exceeding
three thousand five hundred dollars, ($3,500) out of the proceeds of the sales
of said lands, at any time he may deem it advisable, for the purpose of erecting
a toll-bridge across the Great Nemaha River, at or near Roy's Ferry, for the use
of the Iowa Indians; and a like sum of three thousand five hundred dollars,
($3,500) out of the proceeds of the sales of said lands, for the purpose of
erecting a toll-bridge across the Great Nemaha River, at or near Wolf Village,
for the use of the Sacs and Foxes of Missouri.
Toll shall be charged and collected for the use of said bridges at such rates
and under such rules and regulations as may be established by the Commissioner
of Indian Affairs, with the approval of the Secretary of the Interior, the
proceeds of such tolls to be expended as follows: 1st, in making necessary
repairs on said bridges; 2d, for the use of said tribes, respectively.
ARTICLE 11. It is further stipulated that, whenever Congress shall by law so
provide, all annuities due and to become due and payable to the said tribes of
Indians under this treaty, and under all other previous treaties, may be paid in
specific articles, clothing, agricultural implements, and such other articles as
Congress shall direct.
In testimony whereof, the said commissioner as aforesaid, and the said chiefs
and delegates of the Sacs and Foxes of Missouri, and of the Iowa tribe of
Indians, have hereunto set their hands and seals at the place and on the day and
year hereinbefore written.
D. Vanderslice, United States Indian agent.
Sac(s) and Foxes of Mo.:
Pe-te-ok-a-ma, his x mark.
Ne-sour-quoit, his x mark.
Modess, his x mark.
Se-se-ah-kee. his x mark [814]
Iowa Indians:
No-heart, his x mark.
Nag-ga-rash, his x mark.
Mah-hee, his x mark.
To-bee, his x mark.
Tah-ra-kee, his x mark.
Thur-o-mony, his x mark.
White-horse, his x mark,
Signed in the presence:
George Gomess, his x mark, United States interpreter for Sac(s) and Foxes
of
Me.
Harvey W. Forman, witness to signing by George Corneas.
Kirwan Murray, United States interpreter for Iowa Indians.
Harvey W. Forman.
John W. Forman.
Josephus Utt.
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