to be paid either in money, merchandise, provisions, or domestic
animals, at the option of the aforesaid tribe; and when the said
annuities, or any part thereof, is paid in merchandise, it is to be
delivered to them at the first cost of the goods at St. Louis, free from
cost of transportation.
ARTICLE VII. This treaty shall take effect, and be obligatory on the
contracting parties, so soon as the same shall be ratified by the
President of the United States, by and with the advise and consent of
the Senate thereof.
_In testimony whereof, the said William Clark, Commissioner as
aforesaid, and the chiefs and headmen of the Ioway tribe of Indians, as
aforesaid, have hereunto set their hands, the day and year first before
written._
Wm. Clark.
(_Signed, also, by the chiefs and headmen of the Ioway tribe._)
TREATY WITH THE SIOUX, ETC., AUG. 19, 1825
_Treaty with the Sioux and Chippewa, Sacs and Fox, Menominie,
Ioway, Sioux, Winnebago, and a portion of the Ottawa,
Chippewa, and Potawattomie, Tribes._
The United States of America have seen with much regret, that wars have
for many years been carried on between the Sioux and the Chippewas, and
more recently between the confederated tribes of Sacs and Foxes, and the
Sioux; and also between the Ioways and Sioux; which, if not terminated,
may extend to the other tribes, and involve the Indians upon the
Missouri, the Mississippi, and the Lakes, in general hostilities. In
order, therefore, to promote peace among these tribes, and to establish
boundaries among them and the other tribes who live in their vicinity,
and thereby to remove all causes of future difficulty, the United States
have invited the Chippewa, Sac, and Fox, Menominie, Ioway, Sioux,
Winnebago, and a portion of the Ottowa, Chippewa, and Potawatomie Tribes
of Indians living upon the Illinois, to assemble together, and in a
spirit of mutual conciliation to accomplish these objects; and to aid
therein, have appointed William Clark and Lewis Cass, Commissioners on
their part, who have met the Chiefs, Warriors, and Representatives of
the said tribes, and portions of tribes, at Prairie des Chiens, in the
Territory of Michigan, and after full deliberation, the said tribes, and
portions of tribes, have agreed with the United States, and with one
another, upon the following articles:
ARTICLE I
There shall be a firm and perpetual peace between the Sioux and
Chippewas; between the Sioux and the confederated tribes of Sacs and
Foxes; and between the Ioways and the Sioux.
* * *
ARTICLE III
The Ioways accede to the arrangement between the Sacs and Foxes, and the
Sioux; but it is agreed between the Ioways and the confederated tribes
of the Sacs and Foxes, that the Ioways have a just claim to a portion of
the country between the boundary line described in the next preceding
article, and the Missouri and Mississippi; and that the said Ioways, and
Sacs and Foxes, shall peaceably occupy the same, until some satisfactory
arrangement can be made between them for a division of their respective
claims to country.
* * *
ARTICLE XI
The United States agree, whenever the President may think it necessary
and proper, to convene such of the tribes, either separately or
together, as are interested in the lines left unsettled herein, and to
recommend to them an amicable and final adjustment of their respective
claims, so that the work, now happily begun, may be consummated. It is
agreed, however, that a Council shall be held with the Yancton band of
the Sioux, during the year 1826, to explain to them the stipulations of
this treaty, and to procure their assent thereto, should they be
disposed to give it, and also with the Ottoes, to settle and adjust
their title to any of the country claimed by the Sacs, Foxes, and
Ioways.
* * *
ARTICLE XIII
It is understood by all the tribes, parties hereto, that no tribe shall
hunt within the acknowledged limits of any other without their assent,
but it being the sole object of this arrangement to perpetuate a peace
among them, and amicable relations being now restored, the Chiefs of all
the tribes have expressed a determination, cheerfully to allow a
reciprocal right of hunting on the lands of one another, permission
being first asked and obtained, as before provided for.
ARTICLE XIV
Should any causes of difficulty hereafter unhappily arise between any of
the tribes, parties hereunto, it is agreed that the other tribes shall
interpose their good offices to remove such difficulties; and also that
the government of the United States may take such measures as they may
deem proper, to effect the same object.
ARTICLE XV
This treaty shall be obligatory on the tribes, parties hereto, from and
after the date hereof, and on the United States, from and after its
ratification by the government thereof.
TREATY WITH THE SACS AND FOXES, ETC., JULY 15, 1830.[94]
[At Prairie du Chien]
_Articles of a treaty made and concluded by William Clark,
Superintendent of Indian Affairs and Willoughby Morgan, Col.
of the United States 1st Regt. Infantry, Commissioners on
behalf of the United States on the one part, and the
undersigned Deputations of the Confederated Tribes of the Sacs
and Foxes; the Medawah--Kanton, Wahpacoota, Wahpeton and
Sissetong Bands or Tribes of Sioux; the Omahas, Ioways, Ottoes
and Missourias on the other part._
* * *
ARTICLE IV
In consideration of the cessions and relinquishments made in the first,
second, and third articles of this Treaty, the United States agree to
pay to the Sacs, three thousand dollars,--and to the Foxes three thousand
dollars; To the Sioux of the Mississippi two thousand dollars;--To the
Yancton and Santie Bands of Sioux three thousand dollars;--To the Omahas,
two thousand five hundred dollars;--To the Ioways two thousand five
hundred dollars;--To the Ottoes and Missourias two thousand five hundred
dollars, and to the Sacs of the Missouri River five hundred dollars; to
be paid annually for ten successive years at such place, or places on
the Mississippi or Missouri, as may be most convenient to said Tribes,
either in money, merchandise, or domestic animals, at their option; and
when said annuities or any portion of them shall be paid in merchandise,
the same is to be delivered to them at the first cost of the goods at
St. Louis free of transportation. And the United States further agree to
make to the said tribes and Bands, the following allowances for the
period of ten years, and as long thereafter as the President of the
United States may think necessary and proper, in addition to the sums
herein before stipulated to be paid them; that is to say; To the Bands
of the Sioux mentioned in the third article, one Blacksmith at the
expense of the United States, and the necessary tools; also instruments
for agricultural purposes, and iron and steel to the amount of seven
hundred dollars;--To the Yancton and Santie Bands of Sioux, one
Blacksmith at the expense of the United States, and the necessary tools,
also instruments for agricultural purposes to the amount of four hundred
dollars;--To the Omahas one Blacksmith at the expense of the United
States, and the necessary tools, also instruments for agricultural
purposes to the amount of five hundred dollars;--To the Ioways an
assistant Blacksmith at the expense of the United States, also
instruments for agricultural purposes to the amount of six hundred
dollars;--To the Ottoes and Missourias one Blacksmith at the expense of
the United States, and the necessary tools, also instruments for
agricultural purposes to the amount of five hundred dollars; and to the
Sacs of the Missouri River, one Blacksmith at the expense of the United
States and the necessary tools; also instruments for agricultural
purposes to the amount of two hundred dollars.
ARTICLE X
The Omahas, Ioways and Ottoes, for themselves, and in behalf of the
Yancton 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
Sioux shall pay out of their annuities to the said Ottoe Tribe, for the
period of ten years, Three hundred Dollars annually; of which sum the
Omahas shall pay one hundred Dollars, the Ioways one hundred Dollars,
and the Yancton and Santie Bands one hundred dollars.
TREATY WITH THE IOWA, ETC., SEPT. 17, 1836
_Articles of a treaty, made and concluded at Fort Leavenworth,
on the Missouri river, between William Clark, Superintendent
of Indian Affairs, on the part of the United States, of the
one part, and the undersigned chiefs, warriors, and
counsellors of the Ioway tribe and the band of Sacks and Foxes
of the Missouri, (residing west of the State of Missouri,) in
behalf of their respective tribes, of the other part._
ARTICLE 1
By the first article of the treaty of Prairie du Chien, held the
fifteenth day of July eighteen hundred and thirty, with the confederated
tribes of Sacks, Foxes, Ioways, Omahaws, Missourias, Ottoes, and Sioux,
the country ceded to the United States by that treaty, is to be assigned
and allotted under the direction of the President of the United States
to the tribes living thereon, or to such other tribes as the President
may locate thereon for hunting and other purposes.--And whereas it is
further represented to us the chiefs, warriors, and counsellors of the
Ioways and Sack and Fox band aforesaid, to be desirable that the lands
lying between the State of Missouri and the Missouri river, should be
attached to and become a part of said State, and the Indian title
thereto, be entirely extinguished; but that, notwithstanding, as these
lands compose a part of the country embraced by the provisions of said
first article of the treaty aforesaid, the stipulations thereof will be
strictly observed until the assent of the Indians interested is given to
the proposed measures.
Now we the chiefs, warriors, and counsellors of the Ioways, and Missouri
band of Sacks and Foxes, fully understanding the subject, and well
satisfied from the local position of the lands in question, that they
never can be made available for Indian purposes, and that an attempt to
place an Indian population on them, must inevitably lead to collisions
with the citizens of the United States; and further believing that the
extension of the State line in the direction indicated would have a
happy effect, by presenting a natural boundary between the whites and
Indians; and willing, moreover, to give the United States a renewed
evidence of our attachment and friendship, do hereby for ourselves, and
on behalf of our respective tribes, (having full power and authority to
this effect,) forever cede, relinquish, and quit claim, to the United
States, all our right, title, and interest of whatsoever nature in, and
to, the lands lying between the State of Missouri and the Missouri
river; and do freely and fully exonerate the United States from any
guarantee; condition or limitation, expressed or implied, under the
treaty of Prairie du Chien aforesaid, or otherwise, as to the entire and
absolute disposition of the said lands, fully authorizing the United
States to do with the same whatever shall seem expedient or necessary.
As a proof of the continued friendship and liberality of the United
States towards the Ioways and band of Sacks and Foxes of the Missouri,
and as an evidence of the sense entertained for the good will manifested
by said tribes to the citizens and Government of the United States, as
evinced in the preceding cession or relinquishment, the undersigned,
William Clark, agrees on behalf of the United States, to pay as a
present to the said Ioways and band of Sacks and Foxes, seven thousand
five hundred dollars in money, the receipt of which they hereby
acknowledge.
ARTICLE 2
As the said tribes of Ioways and Sacks and Foxes, have applied for a
small piece of land, south of the Missouri, for a permanent home, on
which they can settle, and request the assistance of the Government of
the United States to place them on this land, in a situation at least
equal to that they now enjoy on the land ceded by them: Therefore I,
William Clark, Superintendent of Indian Affairs, do further agree on
behalf of the United States, to assign to the Ioway tribe, and Missouri
band of Sacks and Foxes, the small strip of land on the south side of
the Missouri river, lying between the Kickapoo northern boundary line
and the Grand Nemahar river, and extending from the Missouri back and
westwardly with the said Kickapoo line and the Grand Nemahar, making
four hundred sections; to be divided between the said Ioways and
Missouri band of Sacks and Foxes, the lower half to the Sacks and Foxes,
and the upper half to the Ioways.
ARTICLE 3
The Ioways and Missouri band of Sacks and Foxes further agree, that they
will move and settle on the lands assigned them in the above article, as
soon as arrangements can be made by them; and the undersigned William
Clark, in behalf of the United States, agrees, that as soon as the above
tribes have selected a site for their villages, and places for their
fields, and moved to them, to erect for the Ioways five comfortable
houses, to enclose and break up for them two hundred acres of ground; to
furnish them with a farmer, a blacksmith, schoolmaster, and interpreter,
as long as the President of the United States may deem proper; to
furnish them such, agricultural implements as may be necessary, for five
years; to furnish them with rations for one year, commencing at the time
of their arrival at their new homes; to furnish them with one
ferry--boat; to furnish them with one hundred cows and calves and five
bulls, and one hundred stock hogs when they require them; to furnish
them with a mill and assist in removing them, to the extent of five
hundred dollars. And to erect for the Sacks and Foxes three comfortable
houses; to enclose and break up for them two hundred acres of ground; to
furnish them, with a farmer, blacksmith, schoolmaster, and interpreter,
as long as the President of the United States may deem proper; to
furnish them with such agricultural implements as may be necessary, for
five years; to furnish them with rations for one year, commencing at the
time of their arrival at their new home; to furnish them with one
ferry--boat; to furnish them with one hundred cows and calves and five
bulls, one hundred stock hogs when they require them; to furnish them
with a mill; and to assist in moving them, to the extent of four hundred
dollars.
ARTICLE 4
This treaty shall be obligatory on the tribes, parties hereto, from and
after the date hereof, and on the United States from and after its
ratification by the Government thereof.
TREATY WITH THE IOWA, NOV. 23, 1837
_Articles of a treaty made at the city of Saint Louis, between
Joshua Pilcher, thereto specially authorized by the President
of the United States, and the Ioway Indians, by their chiefs
and delegates._
ARTICLE 1ST
The Ioway Indians cede to the United States all the right and interest
in the land ceded by the treaty, concluded with them and other tribes on
the 15th of July 1830, which they might be entitled to claim, by virtue
of the phraseology employed in the second article of said treaty.
ARTICLE 2D
In consideration of the cession contained in the preceding article, the
United States stipulate to pay them two thousand five hundred dollars
($2,500) in horses, goods and presents, upon their signing this treaty
in the city of Saint Louis.
ARTICLE 3D
The expenses of this negotiation and of the chiefs and delegates signing
this treaty to the city of Washington and to their homes to be paid by
the United States.
ARTICLE 4TH
This treaty to be binding upon the contracting parties when the same
shall be ratified by the United States.
TREATY WITH THE IOWA, OCT. 19, 1838
_Articles of a treaty made at the Great Nemowhaw sub--agency
between John Dougherty 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 1ST
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.
_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.
ARTICLE 2D
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.
ARTICLE 3D
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 underpinned.
ARTICLE 4TH
This treaty to be binding upon the contracting parties when the same
shall be ratified by the United States.
TREATY WITH THE IOWA, [MAY 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 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.
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.
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.
ARTICLE 4