ART. 8. And the United States agree that such of the Great and Hunting Little Osage Indians, as may think proper to put themselves under the ground. protection of fort Clark, and who observe the stipulations of this treaty with good faith, shall be permitted to live and to hunt, without molestation, on all that tract of country, west of the north and south boundary line, on which they, the said Great and Little Osage, have usually hunted or resided: Provided, The same be not the hunting grounds of any nation or tribe of Indians in amity with the United States; and on any other lands within the territory of Louisiana, without the limits of the white settlements, until the United States may think proper to assign the same as hunting grounds to other friendly Indians. ART. 9. Lest the friendship which is now established between the United States and the said Indian nations should 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 other, by the said nations or either of them, to the superintendent or other person appointed by the President to the chiefs of the said nation; and it shall be the duty of the said chiefs, upon complaints 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 state or territory, where the offence may have been committed; and in like manner, if any robbery, violence or murder shall be committed on any Indian or Indians belonging to either of said nations, 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 the Great and Little Osage, shall to the utmost of their power exert themselves to recover horses or other property which may be stolen from any citizen or citizens of the United States, by any individual or individuals of either of their nations; and the property so recovered shall be forthwith delivered to the superintendent or other person authorised to receive it, that it may be restored to the proper owner; and in cases where the exertions of the chiefs shall be ineffectual in recovering the property stolen as aforesaid, if sufficient proof can be adduced that such property was actually stolen by any Indian or Indians belonging to the said nations, or either of them, the superintendent, or other proper officer, may deduct from the annuity of the said nations respectively a sum equal to the value of the property which has been stolen. And the United States hereby guarantee to any Indian or Indians of the said nations respectively, a full indemnification for any horses or other property which may be stolen from them by any of their citizens: Provided, That the property so stolen cannot be recovered, and that sufficient proof is produced that it was actually stolen by a citizen of the United States. And the said nations of the Great and Little Osage engage, on the requisition or demand of the President of the United States, or of the superintendent, to deliver up any white man resident among them. Injuries, how to be prevented and punished. Usages re ART. 10. The United States receive the Great and Little Osage nations into their friendship and under their protection; and the said ceived into the protection of nations, on their part, declare that they will consider themselves under the U. S. the protection of no other power whatsoever; disclaiming all right to cede, sell or in any manner transfer their lands to any foreign power, or to citizens of the United States or inhabitants of Louisiana, unless duly authorised by the President of the United States to make the said purchase or accept the said cession on behalf of the government. ART. 11. And if any person or persons, for hunting or other purpose, shall pass over the boundary lines, as established by this treaty, into the K the Indian hunt ing grounds. Protection of Osages will not supply arms to Indians not in amity with the U.S. Treaty, when to take effect. country reserved for the Great and Little Osage nations, without the license of the superintendent or other proper officer, they, the said Great and Little Osage, or either of them, shall be at liberty to appre hend such unlicensed hunters or other persons, and surrender them together with their property, but without other injury, insult or molestation, to the superintendent of Indian affairs, or to the agent nearest the place of arrest, to be dealt with according to law. ART. 12. And the chiefs and warriors as aforesaid, promise and engage that neither the Great nor Little Osage nation will ever, by sale, exchange or as presents, supply any nation or tribe of Indians, not in amity with the United States, with guns, ammunitions or other implements of war. ART. 13. This treaty shall take effect and be obligatory on the contracting parties, as soon as the same shall have been ratified by the President, by and with the advice and consent of the Senate of the United States. IN TESTIMONY WHEREOF, the said Peter Chouteau, commissioned and instructed as aforesaid, and the chiefs and warriors of the Great and Little Osage nation of Indians, have hereunto set their hands and affixed their seals. DONE at Fort Clark, the day above mentioned. P. CHOUTEAU. E. B. Clemson, Capt. 1st Regt. Infantry. L. Lorimer, Lieut. first Regt. Infantry. Reazen Lewis, Sub. Agt. In. Affairs. Pa qui sea, The grand chief of the Big Ni chu Malli, The grand chief of the Voi the Voi he, The second chief of the Big Osage, Voithe Chinga, The second chief of the Little Osage, Ta Voingare, The little chief of the Big Oso ga he, The little chief of the Little Voi chin odhe, The little chief of the Big Osage, Voi Na che, The little chief of the Little Voi Non pa che, The little chief of the Qui hi Ramaki, The little chief of the Voi Na che, The little chief of the Big Pon la Voitasuga, The little chief of the Ca y ga che, The Little chief of the Big Pa hu roguesie, The little chief of the Mia a sa, The little chief of the Big Man ja guida, The little chief of the Man tsa, The little chief of the Big Ni ca garis, The little chief of the Big Osage, Do ga chin ga, The little chief of the Big Osage, Ta vain gare, The little chief of the Ta vain there, The little chief of the Nague mani, The war chief of the Big Ni ca nauthe, The war chief of the Chon me la se, The war chief of the Ne non bas, The war chief of the I ittle The Pograngue, The war chief of the The Cay que, Warrior, L. O. Ve sa sa che, do. L. O. Pe dhe chiga, Warrior, L. O. Che ga non sas, do. B. O. Pa ne voiguanda, do. L. O. Pa chi gue, Little chief, B. O. Voi bi sandhe, do. L. O. Ondhe ho mani, do. B. O. Nura nin, Warrior, L. O. Noguini lay que, do. B. O. Chou que monnon, do. B. O. WE the undersigned, chiefs and warriors of the band of Osages, residing on the river Arkansas, being a part of the Great Osage nation, having this day had the foregoing treaty read and explained to us, by his excellency Meriwether Lewis, esquire, do hereby acknowledge, consent to, and confirm all the stipulations therein contained, as fully and as completely as though we had been personally present at the signing, sealing and delivering the same on the 10th day of November, 1808, the same being the day on which the said treaty was signed, sealed and delivered, as will appear by a reference thereto. In witness whereof, we have for ourselves and our band of the Great Osage nation residing on the river Arkansas, hereunto set our hands and affixed our seals. DONE at St. Louis, in the territory of Louisiana, this thirty-first day of August, in the year of our Lord, one thousand eight hundred and nine, and of the independence of the United States, the thirty-fourth. In presence of us, and before signature attached to the original. John G. Comegys, George Man, John W. Honey, Samuel Solomon, jun. John P. Gates, Interpreter. Noel Mongrain Marque, Indian Interpreter. Bazil Nassier Marque, Indian Interpreter. Gresdanmanses, or Clermond, First chief. Hrulahtie, or Pipe Bird, Couchesigres, or Big Tract, Second chief. Tawangahuh, or Builder of Towns, Tales, or Strating Deer, son of Big Tract. Honencache, or the Terrible, Aukickawakho, nephew of Big Tract. Talahu, or Deer's Pluck, Wachawahih, Cahigiagreh, or Good Chief, Baughonghcheh, or Cutter, Basonchinga, or Little Pine. Pahelagren, or Handsome Hair, To the Indian names is subjoined a mark. Proclamation, March 3, 1809. Ratified March 1, 1809. ARTICLES OF A TREATY Nov. 25, 1808. Made and concluded at Brownstown, in the territory of Michigan, between William Hull, governor of the said territory, superintendant of Indian affairs, and commissioner plenipotentiary of the United States of America, for concluding any treaty or treaties, which may be found necessary, with any of the Indian tribes, North West of the river Ohio, of the one part, and the Sachems, Chiefs, and Warriors of the Chippewa, Ottawa, Pottawatamie, Wyandot, and Shawanoese nations of Indians, of the other part. ARTICLE I. WHEREAS by a treaty concluded at Detroit, on the seventeenth day of November, in the year of our Lord one thousand eight hundred and seven, a tract of land lying to the West and North of the river Miami, of Lake Erie, and principally within the territory of Michigan, was ceded by the Indian nations, to the United States; and whereas the lands lying on the south eastern side of the said river Miami, and between said river, and the boundary lines established by the treaties of Greenville and Fort Industry, with the exception of a few small reservations to the United States, still belong to the Indian nations, so that the United States cannot, of right, open and maintain a convenient road from the settlements in the state of Ohio, to the settlements in the territory of Michigan, nor extend those settlements so as to connect them; in order therefore to promote this object, so desirable and evidently beneficial to the Indian nations, as well as to the United States, the parties have agreed to the following articles, which when ratified by the President of the United States, by and with the advice and consent of the Senate thereof, shall be reciprocally binding. ARTICLE II. The several nations of Indians aforesaid, in order to promote the object mentioned in the preceding article, and in consideration of the friendship they bear towards the United States, for the liberal and benevolent policy, which has been practised towards them by the government thereof, do hereby give, grant, and cede, unto the said United States, a tract of land for a road, of one hundred and twenty feet in weadth, from the foot of the rapids of the river Miami of Lake Erie, to the western line of the Connecticut reserve, and all the land within one mile of the said road, on each side thereof, for the purpose of establishing settlements along the same; also a tract of land, for a road only, of one hundred and twenty feet in weadth, to run southwardly from what is called Lower Sandusky, to the boundary line established by the treaty of Greenville, with the privilege of taking at all times, such timber and other materials, from the adjacent lands as may be necessary for making and keeping in repair the said road, with the bridges that may be required along the same. ARTICLE III. It is agreed, that the lines embracing the lands, given and ceded by the preceding article, shall be run in such directions, as may be thought most adviseable by the President of the United States for the purposes aforesaid. ARTICLE IV. It is agreed, that the said Indian nations shall retain the privilege of hunting and fishing on the lands given and ceded as above, so long as the same shall remain the property of the United States. Indians ac tection of U. S. ARTICLE V. The several nations of Indians aforesaid, do again ac knowledge themselves to be under the protection of the United States, knowledge proand of no other sovereign; and the United States on their part do renew their covenant, to extend protection to them according to the intent and meaning of stipulations in former treaties. DONE at Brownstown in the territory of Michigan this twenty-fifth day of November, in the year of our Lord, one thousand eight hundred and eight, and of the independence of the United States of America the thirty-third. Executed after having been fully explained and understood in presence of Reuben Attwater, Secretary of the territory of Michigan. James Witherell, a Judge of Michigan territory. Jacob Visger, Judge of the district court. Jos. Watson, Secretary L. M. T. Wm. Brown. B. Campau. Lewis Bond, A. Lyons, as to the Ottawa chiefs. Whittmore Knaggs, William Walker, F. Duchouquet, Samuel Sanders, Sworn Interpreters. Attest, Harris Hampden Hickman, Secretary to the commission. To the Indian names are subjoined a mark and seal. A TREATY Between the United States of America, and the tribes of Indians called the Delawares, Putawatimies, Miamies and Eel River Miamies. JAMES MADISON, President of the United States, by William Henry Harrison, governor and commander-in-chief of the Indiana territory, superintendant of Indian affairs, and commissioner plenipotentiary of the United States for treating with the said Indian tribes, and the Sachems, Head men and Warriors of the Delaware, Putawatame, Miami and Eel River tribes of Indians, have agreed and concluded upon the following treaty; which, when ratified by the said President, with the advice and consent of the Senate of the United States, shall be binding on said parties. Sept. 30, 1809. Cession of Ante, p. 74. ART. 1st. The Miami and Eel River tribes, and the Delawares and Putawatimies, as their allies, agree to cede to the United States all that lands. tract of country which shall be included between the boundary line established by the treaty of Fort Wayne, the Wabash, and a line to be drawn from the mouth of a creek called Racoon Creek, emptying into the Wabash, on the south-east side, about twelve miles below the mouth of the Vermilion river, so as to strike the boundary line established by the treaty of Grouseland, at such a distance from its ccmmencement at VOL. VII. 15 K 2 |