Annuity for education. Yancton and Santie bands. Lines to be run. Earnest. Reservation breeds. ARTICLE V. And the United States further agree to set apart three thousand dollars annually for ten successive years, to be applied in the discretion of the President of the United States, to the education of the children of the said Tribes and Bands, parties hereto. ARTICLE VI. The Yanckton and Santie Bands of the Sioux not being fully represented, it is agreed, that if they shall sign this Treaty, they shall be considered as parties thereto, and bound by all its stipulations. ARTICLE VII. It is agreed between the parties hereto, that the lines shall be run, and marked as soon as the President of the United States may deem it expedient. ART. VIII. The United States agree to distribute between the several Tribes, parties hereto, five thousand, one hundred and thirty-two dollars worth of merchandize, the receipt whereof, the said Tribes hereby acknowledge; which, together with the amounts agreed to be paid, and the allowances in the fourth and fifth articles of this Treaty, shall be considered as a full compensation for the cession and relinquishments herein made. ARTICLE IX. The Sioux Bands in Council having earnestly solicited for Sioux half- that they might have permission to bestow upon the half breeds of their Nation, the tract of land within the following limits, to wit: Beginning at a place called the barn, below and near the village of the Red Wing Chief, and running back fifteen miles; thence in a parallel line with Lake Pepin and the Mississippi, about thirty-two miles to a point opposite Beef or O-Boeuf River; thence fifteen miles to the Grand Encampment opposite the River aforesaid; The United States agree to suffer said half Breeds to occupy said tract of country; they holding by the same title, and in the same manner that other Indian Titles are held. Reservation for other halfbreeds. Annuity to Ottoes, from Omahas, &c. ARTICLE X. The Omahas, Ioways and Ottoes, for themselves, and in behalf of the Yanckton and Santie Bands of Sioux, having earnestly requested that they might be permitted to make some provision for their half-breeds, and particularly that they might bestow upon them the tract of country within the following limits, to wit; Beginning at the mouth of the Little Ne-mohaw River, and running up the main channel of said River to a point which will be ten miles from its mouth in a direct line; from thence in a direct line, to strike the Grand Ne-mohaw ten miles above its mouth, in a direct line (the distance between the two Ne-mohaws being about twenty miles)-thence down said River to its mouth; thence up, and with the Meanders of the Missouri River to the point of beginning, it is agreed that the half-breeds of said Tribes and Bands may be suffered to occupy said tract of land; holding it in the same manner, and by the same title that other Indian titles are held: but the President of the United States may hereafter assign to any of the said half-breeds, to be held by him or them in fee simple, any portion of said tract not exceeding a section, of six hundred and forty acres to each individual. And this provision shall extend to the cession made by the Sioux in the preceding Article. ARTICLE XI. The reservation of land mentioned in the preceding Article having belonged to the Ottoes, and having been exclusively ceded by them; it is agreed that the Omahas, the Ioways and the Yanckton and Santie Bands of ARTICLE XII. It is agreed that nothing contained in the foregoing Articles shall be so construed as to affect any claim, or right in common, which has heretofore been held by any Tribes, parties to this Treaty, to any lands not embraced in the cession herein made; but that the same shall be occupied and held by them as heretofore. ARTICLE XIII. This Treaty, or any part thereof, shall take effect, and be obligatory upon the Contracting parties, so soon as the same shall be ratified by the President of the United States, by and with the advice and consent of the Senate thereof. Done and Signed and Sealed at Prairie du Chien in the Territory of WM. CLARK, Su. In. Affairs & Commissioners. Teeah coota, one that fires at the yellow, enemy, Nasiumpah, or the Early Riser, Wah-kee-ah-tunkar, Big Thunder, Tauchaw-cadoota, the Red Road, Tchaws-kesky, the Elder, Mauzau-hautau, the Grey Iron, Wazee-o-monie, the Walking Pine, Anoug-genaje, one that stands on both sides, Hough-awppaw, the Eagle Head, Hooka-mooza, the Iron Limb, Hoatch-ah-cadoota, the Red Voice, Wat-chu-da, the Dancer. Wah-pah-coota Band. Wiarh-hoh-ha, French Crow, Wahmedecaw-cahn-bohr, one that prays Wah-con-de-kah-har, the one that makes Mazo-manie, or the Iron that Walks, Mauzau-haut-a-mundee, the Walking Kah-hih, the Menominie. Sussiton Band. Ete-tahken-bah, the Sleepy Eyes, Chonques-kaw, the White Horse, Ishtan-mauzay, Iron-Eye, Chiefs Son, Waugh-pay-shan, the one who scalps but a small pt. from the crown of the head, Au-guim-an, the Chief, Age-en-gaw, the Wing, Noo-kee-sa-kay, strikes two, Thee-rai-tchai-neehgrai, Wolf-tail at the Non - bau-manie, the one that walks Oh-haw-kee-wano, that runs on the hills, The assent of the Yanckton and Santie Bands of Sioux, to the foregoing Treaty is given. In testimony whereof, the Chiefs, Braves, and principal men of said Bands have hereunto signed their names and acknowledge the same, at St. Louis, this 13th October, 1830. Yancton and Santie Bands of Siouxs. Matto-Sa-Becha, the Black Bear, Pa-con-okra, Citta-eutapishna, he who dont eat Buffalo, To-ki-mar-ne, he that walks ahead, Chigga Wah-shu-she, Little Brave, Tokun Ohomenee, Revolving Stone, Pd-ta sun eta womper. White Buffaloe Cha-tun-kia, Sparrow Hawk, Ti-ha-uhar, he that carries his horn, Wah-gho-num-pa, Cotton wood on the Sin-ta-nomper, Two Tails, Neck, Zuyesaw, Warrior, Wo-con Cashtaka, the whipt spirit, Wm. In presence of Jno. Ruland, Secy to the Commrs. Jon. L. Bean, S. Agt. Law. Taliaferro, Ind. Agent at St. Peters. R. B. Mason, Capt. 1st Inft. G. Loomis, Capt. 1st Inft. James Peterson, Lt. & Adjt. H. B. M. 33d Regt. N. S. Harris, Lt. & Adjt. Regt. U. S. Inft. Henry Bainbridge, Lt. U. S. Army. John Gale, Surg. U. S. A. J. Archer, Lt. U. S. A. J. Daugherty, Ind. Ag. Thos. A. Davies, L. Inf. S. Williamson, Sub Ind. Agent. And. S. Hughes, Sub Ind. Agent. A. G. Baldwin, Lt. 3d Inf. David D. Mitchell. H. L. Donsman. Pynkoop Warner. Geo. Davenport. Wm. Hempstead. Benjamin Mills. Wm. H. Warfield, Lt. 3d Infty. Sam. R. Throokmoor. John Connelly. Amos Farror. Antoine Le Claire, Int'r of Sacks and Fox. Stephen Julian, U. S. Interp. Jacques Mette, Int. Michel Berda, Mohow Inter. S. Campbell, U. S. Interpreter. Witnesses to the signatures of the Yancton and Santie Bands of Sioux, at Fort Tecumseh, Upper Missouri, on the fourth day of September, 1830.—Wm. Gordon, James Archdale Hamilton, David D. Mitchell, Wm. Saidlau, Jacob Halsey. Witnesses present at the signing and acknowledgment of the Yanckton and Santie Deputations, Jno. Ruland, Sec'y to Comm'rs. Jon. L. Bean, Sub Ind. Ag't for Upper Missouri. Felix F. Wain, Ind. Ag't for Sacs and Foxes. John F. A. Sanford, U. S. S. Ind. Ag. William C. Heyward, U. S. Army. D. J. Royster, U. S. Inft. Samuel Kinney, U. S. A. Merewether Lewis Clarke, 6th Regt. Infantry. Jacques Mette. To the Indian names are subjoined marks. A TREATY OF PERPETUAL FRIENDSHIP, CESSION Entered into by John H. Eaton and John Coffee, for and in WHEREAS the General Assembly of the State of Mississippi has extended the laws of said State to persons and property within the chartered limits of the same, and the President of the United States has said that he cannot protect the Choctaw people from the operation of these laws; Now therefore that the Choctaw may live under their own laws in peace with the United States and the State of Mississippi they have determined to sell their lands east of the Mississippi and have accordingly agreed to the following articles of treaty:* Sept. 27, 1830. Proclamation, Feb. 24, 1831. ARTICLE I. Perpetual peace and friendship is pledged and agreed Peace and upon by and between the United States and the Mingoes, Chiefs, and friendship. Warriors of the Choctaw Nation of Red People; and that this may be considered the Treaty existing between the parties all other Treaties heretofore existing and inconsistent with the provisions of this are hereby declared null and void. ARTICLE H. The United States under a grant specially to be made by the President of the U. S. shall cause to be conveyed to the Choctaw Nation a tract of country west of the Mississippi River, in fee simple to them and their descendants, to inure to them while they shall exist as a nation and live on it, beginning near Fort Smith where the Arkansas boundary crosses the Arkansas River, running thence to the scource of the Canadian fork; if in the limits of the United States, or to those limits; thence due south to Red River, and down Red River to the west boundary of the Territory of Arkansas; thence north along that line to the beginning. The boundary of the same to be agreeably to the Treaty made and concluded at Washington City in the year 1825. The grant to be executed so soon as the present Treaty shall be ratified. Country to be conveyed to Choctaws. Country ceded ARTICLE III. In consideration of the provisions contained in the several articles of this Treaty, the Choctaw nation of Indians consent to U. S. and hereby cede to the United States, the entire country they own and possess, east of the Mississippi River; and they agree to remove beyond the Mississippi River, early as practicable, and will so arrange their removal, that as many as possible of their people not exceeding one half of the whole number, shall depart during the falls of 1831 and 1832; the residue to follow during the succeeding fall of 1833; a better opportunity in this manner will be afforded the Government, to extend to them the facilities and comforts which it is desirable should be extended in conveying them to their new homes. ARTICLE IV. The Government and people of the United States are hereby obliged to secure to the said Choctaw Nation of Red People the jurisdiction and government of all the persons and property that may * This paragraph was not ratified. Self-government secured to Choctaws. U.S. to protect Choctaws, &c. Offences against citizens of U. S., &c. Offences against Choctaws. Delivery of offenders. Persons order be within their limits west, so that no Territory or State shall ever have a right to pass laws for the government of the Choctaw Nation of Red People and their descendants; and that no part of the land granted them shall ever be embraced in any Territory or State; but the U. S. shall forever secure said Choctaw Nation from, and against, all laws except such as from time to time may be enacted in their own National Councils, not inconsistent with the Constitution, Treaties, and Laws of the United States; and except such as may, and which have been enacted by Congress, to the extent that Congress under the Constitution are required to exercise a legislation over Indian Affairs. But the Choctaws, should this Treaty be ratified, express a wish that Congress may grant to the Choctaws the right of punishing by their own laws, any white man who shall come into their nation, and infringe any of their national regulations. ARTICLE V. The United States are obliged to protect the Choctaws from domestic strife and from forieghn enemies on the same principles that the citizens of the United States are protected, so that whatever would be a legal demand upon the U. S. for defence or for wrongs committed by an enemy, on a citizen of the U. S. shall be equally binding in favour of the Choctaws, and in all cases where the Choctaws shall be called upon by a legally authorized officer of the U. S. to fight an enemy, such Choctaw shall receive the pay and other emoluments, which citizens of the U. S. receive in such cases, provided, no war shall be undertaken or prosecuted by said Choctaw Nation but by declaration made in full Council, and to be approved by the U. S. unless it be in self defence against an open rebellion or against an enemy marching into their country, in which cases they shall defend, until the U. S. are advised thereof. ARTICLE VI. Should a Choctaw or any party of Choctaws commit acts of violence upon the person or property of a citizen of the U. S. or join any war party against any neighbouring tribe of Indians, without the authority in the preceding article; and except to oppose an actual or threatened invasion or rebellion, such person so offending shall be delivered up to an officer of the U. S. if in the power of the Choctaw Nation, that such offender may be punished as may be provided in such cases, by the laws of the U. S.; but if such offender is not within the control of the Choctaw Nation, then said Choctaw Nation shall not be held responsible for the injury done by said offender. ARTICLE VII. All acts of violence committed upon persons and property of the people of the Choctaw Nation either by citizens of the U. S. or neighbouring Tribes of Red People, shall be reffered to some authorized Agent by him to be reffered to the President of the U. S. who shall examine into such cases and see that every possible degree of justice is done to said Indian party of the Choctaw Nation. ARTICLE VIII. Offenders against the laws of the U. S. or any individual State shall be apprehended and delivered to any duly authorized person where such offender may be found in the Choctaw country, having fled from any part of U. S. but in all such cases application must be made to the Agent or Chiefs and the expense of his apprehension and delivery provided for and paid by the U. States. ARTICLE IX. Any citizen of the U. S. who may be ordered from ed from the na- the Nation by the Agent and constituted authorities of the Nation and tion, &c. refusing to obey or return into the Nation without the consent of the aforesaid persons, shall be subject to such pains and penalties as may be provided by the laws of the U. S. in such cases. Citizens of the U. S. travelling peaceably under the authority of the laws of the U. S. shall be under the care and protection of the nation. |