Treaties : Treaty of 1854
TREATY WITH THE IOWA (May 17, 1854)
10 Stat., p. 1069.
Proclamation. July 17, 1854.
Articles of agreement and convention made and concluded at the city of
Washington, this seventeenth day of May, one thousand eight hundred and
fifty-four, by George W. Manypenny, commissioner on the part of the United
States, and the following-named delegates of the Ioway tribe of Indians,
viz: Nan-chee-ning-a, or No Heart; Shoon-ty-ing-a, or Little Wolf;
Wah-moon-a-ka, or the Man who Steals; and Nar-ge-ga-rash, or British; they
being thereto duly authorized by said tribe.
ARTICLE 1.
The Ioway tribe of Indians hereby cede, relinquish, and convey to the United
States, all their right, title, and interest in and to the country, with the
exception hereinafter named, which was assigned to them by the treaty concluded
with their tribe and the Missouri band of Sacs and Foxes, by William Clark,
superintendent of Indian affairs, on the seventeenth of September, one thousand
eight hundred and thirty-six, being the upper half of the tract described in the
second article thereof, as "the small strip of land on the south side of the
Missouri River, lying between the Kickapoo northern boundary-line and the Grand
Nemahaw River, and extending from the Missouri back and westwardly with the said
Kickapoo line and the Grand Nemahaw, making four hundred sections; to be divided
between the said Ioways and Missouri band of Sacs and Foxes; the lower half to
the Sacs and Foxes, the upper half to the Ioways," but they except and reserve
of said country, so much thereof as is embraced within and designated by the
following metes and bounds, viz: Beginning at the mouth of the Great Nemahaw
River where it empties into the Missouri; thence down the Missouri River to the
mouth of Noland's Creek; thence due south one mile; thence due west to the south
fork of the Nemahaw River; thence down the said fork with its meanders to the
Great Nemahaw River, and thence with the meanders of said river to the place of
beginning, which country, it is hereby agreed, shall be the future and permanent
home of the Ioway Indians.
[Reduction of Ioway lands from 1836 Treaty]
ARTICLE 2.
In consideration of the cession made in the preceding article, the United
States agree to pay in the manner hereinafter prescribed, to the Ioway Indians,
all the moneys received from the sales of the lands which are stipulated in the
third article hereof, to be surveyed and sold after deducting therefrom the
costs of surveying, managing, and selling the same.
[Ioway land reduction receipts from tribe]
ARTICLE 3.
The United States agree to have surveys made of the country ceded by the
Ioways in article first in the same manner that the public lands are surveyed,
and as soon as it can conveniently be done; and the President, after the surveys
shall have been made and approved, shall proceed to offer said surveyed land for
sale, at public auction, being governed therein by the laws of the United States
respecting sales of public lands; and such of said lands as may not be sold at
public sales, shall be subject to private entry in the manner that private
entries are made of United States land; and all the land remaining unsold after
being for three years subject to private entry at the minimum Government price,
may, by act of Congress, be graduated and reduced in price until the whole is
disposed of, proper regard being had, in making such reduction, to the interests
of the Ioways and the speedy settlement of the country. Until after the said
land shall have been surveyed, and the surveys approved, no white persons or
citizens shall be permitted to make thereon any location or settlement; and the
provisions of the act of Congress, approved on the third day of March, one
thousand eight hundred and seven, relating to lands ceded to the United States,
shall, so far as they are applicable, be extended over the lands herein
ceded.
[Survey of Ioway lands and preparation of ceded lands in Kansas for white
settlement]
ARTICLE 4.
It being understood that the present division-line between the Ioways and the
Sacs and Foxes of Missouri, as run by Isaac McCoy, will, when the surveys are
made, run diagonally through many of the sections, cutting them into fractions;
it is agreed that the sections thus cut by said line, commencing at the junction
of the Wolf with the Missouri River, shall be deemed and taken as part of the
land hereinbefore ceded and directed to be sold for the benefit of the Ioways,
until the quantity thus taken, including the before-recited reservation, and all
the full sections north of said line, shall amount to two hundred sections of
land. And should the Sacs and Foxes of Missouri consent to a change of their
residence and be so located by the United States as to occupy any portion of the
land herein ceded and directed to be sold for the benefit of the Ioways, west of
the tract herein reserved, the Ioways hereby agree to the same, and consent to
such an arrangement, upon the condition that a quantity of land equal to that
which may be thus occupied by the Sacs and Foxes, and of as good quality, shall
be set apart for them out of the country now occupied by the last-named tribe,
contiguous to said division-line, and sold for their benefit as hereinbefore
provided.
[Division of lands between Ioway and Sac and Fox, with indication of future
settlement of Sac and Fox on western half of Ioway reservation]
ARTICLE 5.
As the receipts from the sales of the lands cannot now be determined, it is
agreed that the whole subject shall be referred to the President of the United
States, who may, from time to time, prescribe how much of the proceeds thereof
shall be paid out to the Ioway people, and the time and mode of such payments,
and also how much shall be invested in safe and profitable stocks, the principal
of which to remain unimpaired, and the interest to be applied annually for the
civilization, education, and religious culture of the Ioways and such other
objects of a beneficial character as may be proper and essential to their
well-being and prosperity: provided, that if necessary, Congress may, from time
to time, by law, make such regulations in regard to the funds arising from the
sale of said lands, and the application thereof for the benefit of the Ioways,
as may in the wisdom of that body seem just and expedient.
[Money from land sale not given to Ioway but under care of President and
Congress]
ARTICLE 6.
The President may cause the country the Ioways have reserved for their future
home, to be surveyed, at their expense, and in the same way as the public lands
are surveyed, and assign to each person or family such portion thereof as their
industry and ability to manage business affairs may, in his opinion, render
judicious and proper; and Congress may hereafter provide for the issuing to such
persons, patents for the same, with guards and restrictions for their protection
in the possession and enjoyment thereof.
[Preparation for allotment of Ioway reservation]
ARTICLE 7.
Appreciating the importance and the benefit derived from the mission
established among them by the board of foreign missions of the Presbyterian
Church, the Ioways hereby grant unto the said board a tract of three hundred and
twenty acres of land, to be so located as to include the improvements at the
mission, and also a tract of one hundred and sixty acres of timbered land, to be
selected by some agent of the board from the legal subdivisions of the surveyed
land; and the President shall issue a patent or patents for the same, to such
person or persons as said board may direct. They further grant to John B. Roy,
their interpreter, a tract of three hundred and twenty acres of land, to be
selected by him in "Wolf's Grove," for which the President shall also issue a
patent.
[Land given to Presbyterian mission as well as to John Roy]
ARTICLE 8.
The debts of Indians contracted in their private dealings as individuals,
whether to traders or otherwise, shall not be paid out of the general fund.
[Way for agent to change from the old system of chiefs control of money as
part of giving money to supporters, causing the traditional, if sometimes
corrupt, system to fail]
ARTICLE 9.
As some time must elapse before any benefit can be derived from the proceeds
of the sale of their land, and as it is desirable that the Ioways should at once
engage in agricultural pursuits and in making improvements on the tract
hereinbefore reserved for them, it is hereby agreed that, of the fund of one
hundred and fifty-seven thousand five hundred dollars, set apart to be invested
by the second clause of the second article of the treaty concluded on the
nineteenth day of October, one thousand eight hundred and thirty-eight, a sum
not exceeding one hundred thousand dollars shall be paid to the Indians, or
expended under the direction of the President for the erection of houses,
breaking and fencing lands, purchasing stock, farming utensils, seeds, and such
other articles as may be necessary for their comfort. Fifty thousand dollars, or
so much thereof as may be deemed expedient, to be paid during the year
commencing on the first of October, one thousand eight hundred and fifty-four;
and the other fifty thousand dollars, or so much thereof as shall be deemed
expedient, to be paid during the year commencing on the first of October, one
thousand eight hundred and fifty-five. The residue of said fund of one hundred
and fifty-seven thousand five hundred dollars on hand after the payments herein
provided for have been made shall remain as a trust fund, the interest upon
which, as well as the interest that may have accrued on the portion drawn out,
shall be applied, under the direction of the President, to educational or other
beneficial purposes among the Ioways.
[Some money from sales paid in advance toward "civilizing" the Ioway]
ARTICLE 10.
It is agreed that all roads and highways laid out by authority of law shall
have a right of way through the lands herein reserved, on the same terms as are
provided by law when roads and highways are made through the lands of citizens
of the United States; and railroad companies, when the lines of their roads
necessarily pass through the lands of the Ioways, shall have right of way on the
payment of a just compensation therefor in money.
[Rights of way for roads and railroads through Ioway lands]
ARTICLE 11.
The Ioways promise to renew their efforts to suppress the introduction and
use of ardent spirits in their country, to encourage industry, thrift, and
morality, and by every possible effort to promote their advancement in
civilization. They desire to be at peace with all men, and they bind themselves
to commit no depredation or wrong upon either Indians or citizens; and whenever
difficulties arise they will abide by the laws of the United States, in such
cases made and provided, as they expect to be protected and to have their rights
vindicated by them.
[Attempt to decrease alcohol use and bind Ioways to U.S. law rather than
tribal custom]
ARTICLE 12.
The Ioway Indians release the United States from all claims and demands of
every kind and description arising under former treaties, and agree to remove
themselves within six months after the ratification of this instrument, to the
lands herein reserved for their homes; in consideration whereof, the United
States agree to pay to said Indians five thousand dollars, two thousand of which
with such portion of balances of former appropriations of interest-fund as may
not now be necessary under specific heads, may be expended in the settlement of
their affairs preparatory to removal.
[Release from rights established by previous treaties, and removal of Ioways
from the Highland-Iowa Point areas to the diminished reservation near
Whitecloud]
ARTICLE 13.
The object of this instrument being to advance the interests of the Ioway
people, it is agreed, if it prove insufficient, from causes which cannot now be
foreseen, to effect these ends, that the President may, by and with the advice
and consent of the Senate, adopt such policy in the management of their affairs,
as, in his judgment, may be most beneficial to them; or Congress may hereafter
make such provision by law as experience shall prove to be necessary.
[Right of President, Senate, Congress to change policy at any time if Ioways
are not progressing to the liking of the agent and white society]
ARTICLE 14.
This instrument shall be obligatory on the contracting parties whenever the
same shall be ratified by the President and the Senate of the United States.
In testimony whereof, the said George W. Manypenny, commissioner as
aforesaid, and the delegates of the Ioway tribe of Indians, have hereunto set
their hands and seals, at the place and on the day and in the year hereinbefore
written.
George W. Manypenny, Commissioner.
Nan-chee-ning-a, or No Heart, his x mark. [Naceninga]
Shoon-ty-ing-a, or Little Wolf, his x mark. [Shuntayinga]
Wah-moon-na-ka, or The Man who Steals, his x mark. [Wamunake]
Nar-ge-ga-rash, or British, his x mark. [Nargegarash]
Executed in the presence of
Jas. D. Kerr.
Jas. T. Wynne.
N. Quackenbush.
Wm. B. Waugh.
D. Vanderslice, Indian agent.
John B. Roy, his x mark, United States interpreter.
Wm. B. Waugh, witness to signing of John B. Roy.
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