Treaties : Treaty of 1838
TREATY WITH THE IOWA (October 19, 1838)
7 Stat., 568.
Proclamation, Mar. 2, 1839.
Articles of a treaty made at the Great Nemowhaw sub-agency between John
Dourberry Agent of Indian Affairs on the part of the United States, being
specially authorized, and the chiefs and headmen of the Ioway tribe of
Indians for themselves, and on the part of their tribe.
ARTICLE 1.
The Ioway tribe of Indians cede to the United States, First. All right or
interest in the country between the Missouri and Mississippi rivers, and the
boundary between the Sacs and Foxes, and Sioux, described in the second article
of the treaty made with these and other tribes, on the 19th of August 1825, to
the full extent to which said claim is recognized in the third article of said
treaty, and all interest or claim by virtue of the provisions of any treaties
since made by the United States with the Sacs and Foxes of the Mississippi.
[Final clearance of U.S. title to 1825 Treaty cessions]
Second. All claims or interest under the treaties of August 4th 1824, July
15th 1830, and September 17th 1836, except so much of the last mentioned treaty
as secures to them two hundred sections of land the erection of five comfortable
houses, to enclose and break up for them two hundred acres of ground to furnish
them with a ferry boat, one hundred cows and calves, five bulls, one hundred
head of stock hogs a mill and interpreter.
[Clearance of U.S. title to cessions of 1824, 1830, 1836 with exception of
Nemaha lands]
ARTICLE 2.
In consideration of the cession contained in the preceding article, the
United States agree to the following stipulations on their part.
First. To pay to the said Ioway tribe of Indians the sum of one hundred and
fifty-seven thousand five hundred ($157,500) dollars.
Second. To invest said sum of one hundred and fifty-seven thousand five
hundred (157,500) dollars, and to guaranty them an annual income of not less
than five per cent. thereon during the existence of their tribe.
Third. To set apart annually such amount of said income as the chiefs and
headmen of said tribe may require, for the support of a blacksmith shop,
agricultural assistance, and education to be expended under the direction of the
President of the United States.
Fourth. To pay out of said income to Jeffrey Derroin interpreter for said
tribe for services rendered, the sum of fifty dollars annually during his
natural life the balance of said income shall be delivered, at the cost of the
United States, to said tribe of Ioway Indians in money or merchandise, at their
own discretion, at such time and place as the President may direct, Provided
always That the payment shall be made each year in the month of October.
[Final payments for cession clearances: annuity and interpreter]
ARTICLE 3.
The United States further agree in addition to the above consideration to
cause to be erected ten houses at such place or places on their own land as said
Ioways may select, of the following description (viz) each house to be ten feet
high from bottom sill to top plate eighteen by twenty feet in the clear the roof
to be well sheeted and shingled, the gable ends to be weather boarded a good
floor above and below, one door and two windows complete, one chimney of stone
or brick, and the whole house to be underpined.
[Houses]
ARTICLE 4.
This treaty to be binding upon the contracting parties when the same shall be
ratified by the United States.
In witness whereof the said John Dougherty agent of Indian affairs and the
undersigned chiefs and headmen of the Ioway tribe of Indians have hereunto set
their hands this 19th day of October A. D. 1838.
Jno. Dougherty, Indian Agent.
Frank White Cloud, [Maxaska]
Non-gee-ninga, or No Heart, [Naceninga]
Kon-gee, or the Plum, [Kanje]
Mock Shig a ton-ah, or the Great Man, [Maksigetana] = Wansige tanga]
Wah nun gua schoo ny, or He that has no Fear, [Wanugwaskuni]
Seenah ty yaa, or the Blistered Foot, [Sinatiya]
Rahno way ing ga, or Little Pipe, [Rahnuweinga]
Thraw ing ga, or Little War Eagle, [Thrainga = Xrainga]
Pak she ing ga, or the Cocked Nose, [Pakshinga]
O yaw tche a, or Heard to Load, [Oyachiya]
Ro to gra zey, or Speckled Rib, [Rutu greze]
Mah za, or the Iron, [Maza]
Ta-ro-hah, or Pile of Meat. [Tarohan]
Done in presence of
Anthony L. Davis, Indian sub-agent.
Vance M. Campbell.
James M. Crope.
Jeffrey Deroin, interpreter.
(To the Indian names are subjoined marks.)
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