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person, not legally authorized by the United States, shall come into their district of country, for the purposes of trade or other views, they will apprehend such person or persons, and deliver him or them to some United States' superintendent or agent of Indian Affairs, or to the commandant of the nearest military post, to be dealt with according to law. And they further agree to give safe conduct to all persons who may be legally authorized by the United States to pass through their country, and to protect in their persons and property all agents or other persons sent by the United States to reside temporarily among them.

ARTICLE 6.

Course to be

pursued in order to prevent injuries by individuals, &c.

That the friendship which is now established between the United States and the Mandan tribe, shall not be interrupted by the misconduct of individuals, it is hereby agreed, that for injuries done by individuals, no private revenge or retaliation shall take place, but instead thereof, complaints shall be made, by the party injured, to the superintendent or agent of Indian affairs, or other person appointed by the President; and it shall be the duty of the said Chiefs, upon complaint being made as aforesaid, to deliver up the person or persons against whom the complaint is made, to the end that he or they may be punished, agreeably to the laws of the United States. And, in like manner, if any robbery, violence, or murder, shall be committed on any Indian or Indians belonging to said tribe, the person or persons so offending shall be tried, and if found guilty, shall be punished in like manner as if the injury had been done to a white man. And it is agreed, that the Chiefs of Chiefs to exert the said Mandan tribe shall, to the utmost of their power, exert them- themselves to selves to recover horses or other property, which may be stolen or taken from any citazen or citazens of the United States, by any individual or individuals of said tribe; and the property so recovered shall be forthwith delivered to the agents or other person authorized to receive it, that it may be restored to the proper owner. And the United States hereby guarranty to any Indian or Indians of said tribe, a full indemnification for any horses or other property which may be stolen from them by any of their citazens: Provided, That the property so stolen cannot be recovered, and that sufficient proof is produced that it was actually stolen by a citazen of the United States. And the said Mandan tribe engage, on the requisition or demand of the President of the United States, or of the agents, to deliver up any white man resident among them.

ARTICLE 7.

And the Chiefs and Warriors as aforesaid, promise and engage that their tribe will never, by sale, exchange, or as presents, supply any nation, tribe, or band of Indians, not in amity with the United States, with guns, ammunition, or other implements of war.

Done at the Mandan village, this thirtieth day of July, A. D. 1825, and of the Independence of the United States the fiftieth.

In testimony whereof, the commissioners, Henry Atkinson, and Benjamin O'Fallon, and the Chiefs and Warriors of the Mandan tribe of Indians, have hereunto set their hands and affixed their seals.

Chiefs.

H. ATKINSON, Br. Gen. U. S. Army.
BENJ. O'FALLON, U. S. Agt. Ind. Aff.

Mat-sa-to-pas-lah-hah-pah-the chiefs of

four men. San-jah-mat-sa-eta-the wolf chiefs.

Ah-ra-na-shis-the one that has no arm.
Bot-sa-a-pa-the color of the wolf.
Cou-ke-sheesse-the good child.

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recover stolen property.

No ammuni

tion, &c. to be furnished by them to ene

mies of U. S.

266

Lah-pa-see-ta-re-tah-the bear that does Kee-re-pee-ah-pa-rush-the neck of the

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She-cah - aga - mat-sa-et-see-the little Me-ra-pa-sha-po-the five beavers.
Bout-sa-ca-ho-ka-the crouching prairie
wolf.

young man that is a chief.

In the presence of A. L. Langham, Sec. to the Com. H. Leavenworth, Col. U. S. Army. S. W. Kearney, Bt. Maj. 1st Inf. D. Ketchum, Maj. U. S. Army. B. Riley, Capt. 6th Inf. P. Wilson, U. S. S. Ind. Agt. S. MacRee, Lieut. and A. Camp. R. B. Mason, Capt. 1st Inf. G. C. Spencer, Capt. 1st Inf. J. Gantt, Capt. 6th Inf. Thomas Noel, Lieut. 6th Inf. R. Holmes, Lieut. 6th Inf. J. Rogers, Lieut. 6th Inf. Jas. W. Kingsbury, Lt. 1st Regt. I. L. M. Nute, Lt. 6th Inf. S. Wragg, Adjt. 1st Regt. Inf. M. W. Batman, Lieut. 6th Inf. Thomas P. Gwynn, Lieut. 1st Inf. George C. Hutter, Lieut. 6th Inf. William Day, Lieut. 1st Inf. John Gale, Surg. U. S. A. R. M. Coleman, A. Surgeon U. S. A. W. S. Harney, Lt. 1st Inf. J. C. Culbertson. G. H. Kennerly, U. S. S. Ind. Ag't. A. S. Miller, Lieut. 1st Inf. Colin Campbell. Touissant Chabonoe, Interpreter.

To the Indian names are subjoined a mark and seal.

Aug. 4, 1825.

Proclamation, Feb. 6, 1826.

Supremacy of U. S. acknow.

ledged.

Indians re

ceived into protection of U. S.

Places for trade to be designated by the President.

TREATY WITH THE CROW TRIBE.

For the purpose of perpetuating the friendship which has heretofore existed, as also to remove all future cause of discussion or dissension, as it respects trade and friendship between the United States and their citazens, and the Crow tribe of Indians, the President of the United States of America, by Brigadier-General Henry Atkinson, of the United States' army, and Major Benjamin O'Fallon, Indian agent, with full powers and authority, specially appointed and commissioned for that purpose, of the one part, and the undersigned Chiefs, Head men and Warriors, of the said Crow tribe of Indians, on behalf of their tribe, of the other part, have made and entered into the following Articles and Conditions; which, when ratified by the President of the United States, by and with the advice and consent of the Senate, shall be binding on both parties-to wit:

ARTICLE 1.

It is admitted by the Crow tribe of Indians, that they reside within the territorial limits of the United States, acknowledge their supremacy, and claim their protection. The said tribe also admit the right of the United States to regulate all trade and intercourse with them.

ARTICLE 2.

The United States agree to receive the Crow tribe of Indians into their friendship, and under their protection, and to extend to then, from time to time, such benefits and acts of kindness as may be convenient, and seem just and proper to the President of the United States.

ARTICLE 3.

All trade and intercourse with the Crow tribe shall be transacted at such place or places as may be designated and pointed out by the President of the United States, through his agents; and none but American

citazens, duly authorized by the United States, shall be admitted to trade or hold intercourse with said tribe of Indians.

ARTICLE 4.

Regulation of

That the Crow tribe may be accommodated with such articles of merchandize, &c. as their necessaties may demand, the United States trade. agree to admit and licence traders to hold intercourse with said tribe, under mild and equitable regulations: in consideration of which, the Crow tribe bind themselves to extend protection to the persons and the property of the traders, and the persons legally employed under them, whilst they remain within the limits of their district of country. And the said Crow tribe further agree, that if any foreigner or other person, not legally authorized by the United States, shall come into their district of country, for the purposes of trade or other views, they will apprehend such person or persons, and deliver him or them to some United States' Superintendent or agent of Indian Affairs, or to the commandant of the nearest military post, to be dealt with according to law. And they further agree to give safe conduct to all persons who may be legally authorized by the United States to pass through their country, and to protect in their persons and property all agents or other persons sent by the United States to reside temporarily among them; and that they will not, whilst on their distant excursions, molest or interrupt any American citazen or citazens, who may be passing from the United States to New Mexico, or returning from thence to the United States.

ARTICLE 5.

Course to be

pursued in order to prevent injuries to individuals, &c.

That the friendship which is now established between the United States and the Crow tribe, should not be interrupted by the misconduct of individuals, it is hereby agreed, that for injuries done by individuals, no private revenge or retaliation shall take place, but instead thereof, complaints shall be made, by the party injured, to the superintendent or agent of Indian affairs, or other person appointed by the President; and it shall be the duty of said Chiefs, upon complaint being made as aforesaid, to deliver up the person or persons against whom the complaint is made, to the end that he or they may be punished, agreeably to the laws of the United States. And, in like manner, if any robbery, violence, or murder, shall be committed on any Indian or Indians belonging to the said tribe, the person or persons so offending shall be tried, and, if found guilty, shall be punished in like manner as if the injury had been done to a white man. And it is agreed, that the Chiefs of said Crow tribe shall, to the utmost of their power, exert themselves to recover horses or other property, which may be stolen or taken from any property. citazen or citazens of the United States, by any individual or individuals of said tribe; and the property so recovered shall be forthwith delivered to the agents or other person authorized to receive it, that it may be restored to the proper owner. And the United States hereby guarranty to any Indian or Indians of said tribe, a full indemnification for any horses or other property which may be stolen from them by any of their citazens: Provided, That the property stolen cannot be recovered, and that sufficient proof is produced that it was actually stolen by a citazen of the United States. And the said tribe engage, on the requisition or demand of the President of the United States, or of the agents, to deliver up any white man resident among them.

ARTICLE 6.

And the Chiefs and Warriors, as aforesaid, promise and engage that their tribe will never, by sale, exchange, or as presents, supply any

Chiefs to exert themselves to recover stolen

Proviso.

No guns, &c. to be furnished by them to enemies of U.S.

nation, tribe, or band of Indians, not in amity with the United States, with guns, ammunition, or other implements of war.

Done at the Mandan Village, this fourth day of August, A. D. 1825, and of the Independence of the United States the fiftieth.

In testimony whereof, the Commissioners, Henry Atkinson and Benjamin O'Fallon, and the Chiefs and Warriors, of the Crow tribe of Indians, have hereunto set their hands and affixed their seals.

Chiefs.

H. ATKINSON, Br. Gen. U. S. Army.
BENJ. O'FALLON, U. S. Agt. Ind. Aff.

E-she-huns-ka, or the long hair.

She-wo-cub-bish, one that sings bad.

Har-rar-shash, one that rains.
Chay-ta-pah-ha, wolf's paunch.
Huch-che-rach, little black dog.
Mah-pitch, bare shoulder.
Esh-ca-ca-mah-hoo, the standing lance.
Che-rep-con-nes-ta-chea, the little white

bull.

Co-tah-bah-sah, the one that runs.
Bah-cha-na-mach, the one that sits in the
pine.

He-ran-dah-pah, the one that ties his hair
before.

Bes-ca-bar-ru-sha, the dog that eats.
Nah-puch-kia, the little one that holds the
stick in his mouth.

Bah-da-ah-chan-dah, the one that jumps

over every person.

Ah-mah-shay-she-ra, the yellow big belly. Mash-pah-hash, the one that is not right.
In presence of A. L. Langham, Sec. to the Com. H. Leavenworth, Col. U. S.
Army. S. W. Kearney, Br. Maj. 1st Inf. D. Ketchum, Maj. U. S. Army. R. B.
Mason, Capt. 1st Inf. G. C. Spencer, Capt. 1st Inf. J. Gantt, Capt. 6th Inf. Thos.
P. Gwynn, Lieut. 1st Inf. Saul MacRee, Lieut. and A. Camp. Thomas Noel, Lieut.
6th Inf. Wm. L. Harris, 1st Inf. John Gale, Surg. U. S. A. J. V. Swearengen,
Lieut. 1st Inf. R. Holmes, Lt. 6th Inf. M. W. Batman, Lieut. 6th Inf. R. M.
Coleman, U. S. A. J. Rogers, Lieut. 6th Inf. Wm. Day, Lieut. 1st Inf. G. H.
Kennerly, U. S. S. Ind. Ag't. B. Riley, Capt. 6th Inf. Wm. S. Harney, Lieut. 1st
Inf. Jas. W. Kingsbury, Lieut. 1st Reg. Inf. George C. Hutter, Lieut. 6th Inf. Wm.
Armstrong, Capt. 6th Reg. Inf.

To the Indian names are subjoined a mark and seal.

Aug. 10, 1825.

Proclamation, May 3, 1826.

1825, ch. 50.

TREATY WITH THE GREAT AND LITTLE OSAGES.

WHEREAS the Congress of the United States of America being anxious to promote a direct commercial and friendly intercourse between the citizens of the United States and those of the Mexican Republic, and, to afford protection to the same, did, at their last session, pass an act, which was approved the 3d March, 1825, “to authorize the President of the United States to cause a road to be marked out from the Western frontier of Missouri to the confines of New Mexico," and which authorizes the President of the United States to appoint Commissioners to carry said act of Congress into effect, and enjoins on the Commissioners, so to be appointed, that they first obtain the consent of the intervening tribes of Indians, by treaty, to the marking of said road, and to the unmolested use thereof to the citizens of the United States and of the Mexican Republic; and Benjamin H. Reeves, Geo. C. Sibley, and Thomas Mather, Commissioners duly appointed as aforesaid, being duly and fully authorized, have this day met the Chiefs and Head men of the Great and Little Osage Nations, who being all duly authorized to meet and negotiate with the said Commissioners upon the premises, and being specially met for that purpose, by the invitation of said Commissioners, at the place called the Council Grove, on the river Nee-o-zho, one hun

dred and sixty miles south-west from Fort Osage; have, after due deliberation and consultation, agreed to the following Treaty, which is to be considered binding on the said Great and Little Osages, from and after this day:

ARTICLE 1.

The Chiefs and Head Men of the Great and Little Osages, for themselves and their nations, respectively, do consent and agree that the Commissioners of the United States shall and may survey and mark out a road, in such manner as they may think proper, through any of the territory owned or claimed by the said Great and Little Osage Nations.

ARTICLE 2.

Agreement.

Further agree

The Chiefs and Head Men, as aforesaid, do further agree that the road authorized in article 1, shall, when marked, be forever free for the ment. use of the citizens of the United States and of the Mexican Republic, who shall at all times pass and repass thereon, without any hindrance or molestation on the part of the said Great and Little Osages.

ARTICLE 3.

The Chiefs and Head Men as aforesaid, in consideration of the Friendly relafriendly relations existing between them and the United States, do fur- tions. ther promise, for themselves and their people, that they will, on all fit occasions, render such friendly aid and assistance as may be in their power, to any of the citizens of the United States, or of the Mexican Republic, as they may at any time happen to meet or fall in with on the road aforesaid.

ARTICLE 4.

The Chiefs and Head Men, as aforesaid, do further consent and agree that the road aforesaid shall be considered as extending to a reasonable distance on either side, so that travellers thereon may, at any time, leave the marked tract, for the purpose of finding subsistence and proper camping places.

ARTICLE 5.

In consideration of the privileges granted by the Chiefs of the Great and Little Osages in the three preceding articles, the said Commissioners on the part of the United States, have agreed to pay to them, the said Chiefs, for themselves and their people, the sum of five hundred dollars; which sum is to be paid them as soon as may be, in money or merchandize, at their option, at such place as they may desire.

ARTICLE 6.

And the said Chiefs and Head Men, as aforesaid, acknowledge to have received from the Commissioners aforesaid, at and before the signing of this Treaty, articles of merchandize to the value of three hundred dollars; which sum of three hundred dollars, and the payment stipulated to be made to the said Osages in Article 5, shall be considered, and are so considered by said Chiefs, as full and complete compensation for every privilege herein granted by said Chiefs.

In testimony whereof, the said Benjamin H. Reeves, George C. Sibley, and Thomas Mather, Commissioners as aforesaid, and the Chiefs and Head men of the Great and Little Osage Tribes of Indians, have hereunto set their hands and seals, at Council Grove, this tenth day of August, in the year of our Lord one thousand eight hundred and twenty-five, in the presence of

B. H. REEVES,

G. C. SIBLEY,
THOMAS MATHER.

Road.

Merchandise,

&c.

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