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Received of Albert Pike, Commissioner of the Confederate States to the Indian Nations west of Arkansas, the sum of forty dollars in full pay

Schedule B.

[graphic]

ment of the within mentioned amount of forty dollars agreed to be paid

to me.

Witness:

W. WARREN JOHNSON.

FOS-HUT-CHI HACHO,

This and the two preceding folios are Schedule B, of the treaty with the four bands of the Ne-um, to which they are annexed as a part thereof. ALBERT PIKE, Commissioner.

RATIFICATION.

Dec. 21, 1861. Ratification by Resolved, (two thirds of the Congress concurring,) That the Congress Congress of the of the Confederate States of America do advise and consent to the ratififoregoing treaty. cation of the articles of a Convention made by Albert Pike, Commissioner of the Confederate States to the Indian Nations west of Arkansas, in behalf of the Confederate States, of the one part, and the No-co-ni, Ta-nie-we, Co-cho-tih-ca and Ya-pa-rich-ca Bands of the Ne-um or Camanches of the Prairies and Staked Plain, by their Chiefs and head men, who signed the same articles, of the other part, concluded at the Wichita Agency, near the False Washita river, in the country leased from the Choctaws and Chickasaws, on the twelfth day of August, in the year of our Lord, one thousand eight hundred and sixty-one, with the following amendments, to-wit:

Amendments.

1st. In the last paragraph of article thirteen where occur the words, "but this article creates no obligation to deliver up Mexicans who may be prisoners." Strike out all after the words "up" and insert in lieu thereof the following words: other prisoners than inhabitants of the Confederate States or Territories thereof.

2d. Strike out all of article twenty.

3d. Strike out all of article twenty-seven.

TREATY WITH THE OSAGES,

OCTOBER 2, 1861.

ARTICLES OF A CONVENTION

Entered into and concluded at Park Hill, in the Cherokee Nation, on the October 2, 1861. second day of October, in the year of our Lord, one thousand eight hundred and sixty-one, between the Confederate States of America, by Albert Pike, their Commissioner, with full powers, appointed by the President, by virtue of an Act of the Congress in that behalf, of the one part, and the Great Osage Tribe of Indians, by its Chiefs and Headmen, who have signed these articles, of the other part.

ARTICLE I. The Great Osage Tribe of Indians and all the persons The Osage under thereof, do hereby place themselves under the laws and protection of the the protection of Confederate States of America, in peace and war, forever, and agree to be true and loyal to them under all circumstances.

the C. S.

orate.

ARTICLE II. The Confederate States of America do hereby promise and The C. S. asfirmly engage themselves to be, during all time, the friends and protectors sume the protectof the Great Osage Tribe of Indians, and to defend and secure them in the enjoyment of all their rights; and that they will not allow them henceforward to be in any wise troubled or molested by any power or Feople, State or person whatever.

country secured to

ARTICLE III. The Confederate States of America do hereby assure and The Osages to guarantee to the Great and Little Osage Tribes of Indians the exclusive have the possesand undisturbed possession, use and occupancy, during all time, as long as sion and use of the grass shall grow and water run, of the country heretofore secured to them them by the treaty by treaty with the United States of America, and which is described in with the U. S. the treaty of the second day of June, in the year of our Lord, one thousand eight hundred and twenty-five, as being thus bounded, that is to say: Beginning at a point due east of White Hair's Village, and twenty-five Boundaries. miles west of the western boundary line of the State of Missouri, fronting on a north and south line, so as to leave ten miles north and forty miles south of the point of said beginning, and extending west, with the width of fifty miles, to the western boundary of the lands ceded and relinquished by said nations by that treaty, which lands shall not be sold or ceded by the said tribes, nor shall any part thereof, to any nation or people, except to the Confederate States, or to any individuals whatever; and the same shall vest in the Confederate States, in case the said tribes become extinct or abandon the same.

Reservation of

agency.

ARTICLE IV. The right is hereby reserved to the Confederate States to lands for Indian select, in any unoccupied part of said country, a tract of two sections of land, as a reserve and site for an agency for the said tribes, which shall revert to the said tribes whenever it shall cease to be occupied for an agency.

Establishment of

posts.

ARTICLE V. The Confederate States shall have the right to establish in forts and military the said country such forts and military posts as they may deem necessary, and shall have the right to select for each such fort or post a tract of land one mile square, on which such fort or post shall be established: Provided, That if any person or persons have any improvements on any tract so selected, the value of such improvements shall be paid by the Government

Proviso.

Persons not to settle upon the agency reserve,

to the owner thereof.

ARTICLE VI. No person whatever, shall be permitted to settle or reside upon the agency reserve, when it shall have been selected, except by the nor upon any re- permission of the agent; nor upon any reserve for a fort or military post, serve for forts, &c. except by the permission of the commanding officer; and every such reserve, for the agency or the forts or military posts, shall be within the sole and exclusive jurisdiction of the Confederate States.

cluded within the

any

Free navigation ARTICLE VII. The Confederate States shall forever have the right of of water courses. free navigation of all navigable streams and water courses, within or running through the country hereby assured and guaranteed to said tribes. The Osage coun- ARTICLE VIII. The Confederate States hereby guarantee that the try not to be in- country hereby secured to said Great and Little Osage Tribes shall never bounds of be included within the bounds of any State or Territory, nor shall any of State or Territory, the laws of any State or Territory ever be extended over, or put in force or to be under the within, any part of the said country; and the President of the ConfedeProtection rate States will cause the said tribes to be protected against all molestation against other or disturbance at the hands of any other tribe or nation of Indians, or of tribes or persons. any other person whatever; and he shall have the same care and superintendence over them as was heretofore had by the President of the United States.

laws thereof.

Hunting and

ARTICLE IX. The members of the said Great and Little Osage Tribes of killing of game. Indians shall have the right, henceforward, of hunting and killing game, in all the unoccupied country west of the possessions of the Cherokees, Seminoles, Choctaws and Chickasaws, without molestation from any quarter, being, while so engaged therein, under the protection of the Confederate States.

and brotherhood

tribes.

Perpetual peace ARTICLE X. There shall be perpetual peace and brotherhood between between the the Great and Little Osage Tribes of Indians, and the Cherokees, MuskoOsages and other kies, Seminoles, Choctaws and Chickasaws, and the bands of Wichitas, Cado Hadachos, Huecos, Tawacaros, Anadaghcos, Toncawes, Kichais, Aionais, Shawnees and Delawares, living in the country leased from the Choctaws and Chickasaws, and the Peneteghca, Noconi, Taneiwe, YapaInjuries, &c, to rihca and Cochotihca bands of the Neum or Comanches; and every injury be forgiven and or act of hostility which either has heretofore sustained or met with at the forgotten. hands of the other, shall be forgiven and forgotten.

The Osages and ARTICLE XI. The Great and Little Osage Tribes of Indians, and the said other nations to be several other nations, tribes and bands shall henceforth be good neighbors good neighbors to each other. to each other, and there shall be a free and friendly intercourse among them. And it is hereby agreed by the said Great Osage Tribe, as has already been agreed by all the others except the Little Osage Tribe, that Right of prop- the horses, cattle and other stock and property of each nation, tribe or erty in horses, cat- band, and of every person of each, is his or its own; and that no person belonging to the Great Osage Tribe shall, or will hereafter, kill, take away or injure any such property of another tribe or band, or of any member of any other tribe or band, or in any other way do them any harm. ARTICLE XII. Especially there shall be perpetual peace and friendship

tle and stock.

Perpetual peace

and other Indian

between said Great Osage Tribe and the Cherokees, Mus-ko-kies, Seminoles, and friendship Choctaws and Chickasaws, and the Chiefs and headmen of the said Great with the Cherokees Osage Tribe shall do all in their power to take and restore any negroes, nations. horses or other property stolen froin white men, or from persons belonging Return of s'olen to either of said five nations, and to catch and give up any person among property. them, who may kill or steal, or do any other evil act.

tion to be taken

ARTICLE XIII. In order that the friendship now established between the No private resaid Great Osage Tribe of Indians and the Confederate States and the venge or retalia other Indian nations, tribes and bands aforesaid, may not be interrupted for injuries done to by the misconduct of individuals, or bands of individuals, it is hereby the Osages. agreed that for injuries done by individuals, no private revenge or retaliation shall take place, but instead thereof, complaint shall be made by the Mode of redress. said Great Osage Tribe of Indians, when any individual thereof is injured, to the agent of the Confederate States for the Osages and other tribes, who shall investigate the complaint, and, if he finds it well-founded, shall report the same to the Superintendent, who will cause the wrong to be redressed, and the person or persons doing the wrong to be arrested, whether he be a white man or an Indian; and he or they shall be tried for the same Trial and pan. agreeably to the laws of the Confederate States or of the State or Terii. ishment of wrong tory against which he may have offended, and be punished in the same manner and with the same severity as if the injury had been done to a

white man.

doer.

And it is also agreed, that if any member of the Great Osage Redress for intribe shall do any injury to the person or property of any white man or of juries done by the Osages. a member of any other Indian nation or tribe under the protection of the Confederate Stites, the offender shall be given up to the agent, upon complaint made to him and on his demand, the wrong shall be redressed by him, and the offender be tried for the offence agreeably to the laws of the Confederate States, or of the State, Territory or nation against which he may have offended: Provided, That he shall be punished in no other manner nor with any greater severity than a citizen of the Confederate States, or of such State, Territory or nation would be, if he had committed the same offence.

Proviso.

Horses or other property stolen to

be returned Owner.

to

Proceeding

property 13 con

ARTICLE XIV. It is hereby further agreed that the Chiefs of the Great Osage tribe shall use every exertion in their power to recover any horses or other property that may be stolen from any citizen of the Confederate States or from any inember of any other Indian tribe under the protection of the Confederate States by any person or persons whatever, and found within the limits of their country; and the property so recovered shall be forthwith delivered to the owner or to the agent to be restored to him. If in any case the right to the property claimed is contested by the person in where right to possession, the agent shall summarily investigate the case, and upon hear- tested. ing the testimony of witnesses, shall decide the right to the property, and order it to be retained or delivered up accordingly. Either party may Appeal. appeal from his decision to the superintendent, whose decision shall be final in all cases, the property, in the meantime, remaining in the custody of the agent. If in any case the exertions of the Chiefs to cause the restoration of stolen property prove ineffectual, and the agent is satisfied from the testimony that it was actually stolen, or received with knowledge of its being stolen, by any person belonging to the Great Osage tribe, he shall When restitution so report to the superintendent, with a copy of the testimony; which shall the value of the for that purpose be always reduced to writing; and the superintendent shall, property stolen to if satisfied from the testimony, deduct from the annuity of the tribe a sum be deducted from equal to the value of the property stolen. ARTICLE XV. The Confederate States hereby guarantee full and fair pay- When the value ment to the owner, of the actual and full value of all horses and other of the property stolen will be paid property stolen from any person or persons belonging to the Great Osage by the C. S. to the tribe, by any citizen of the Confederate States, or by any Indian of any owner.

cannot be made

the annuity of the tribe.

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