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other nation or tribe under their protection, in case the same cannot be recovered and restored, and upon sufficient proof being made before the superintendent or any agent of the Confederate States for any of such nations or tribes, that such property was actually stolen by a citizen, or citizens of tbe Confederate States, or by an Indian or Indians of any nation

or tribe under their protection. Agent and inter- ARTICLE XVI. An agent for the Great and Little Osage tribes, the preter.

Quapaws, Senecas and Senecas and Shawnees shall be appointed by the
President, and an interpreter for the Great and Little tribes of Osages, for

their protection and that their complaints may be heard by, and tbeir Where to reside. wants made known to the President. The agent shall reside continually

in the country of one or the other of said tribes or bands, and the interNot to be absent preter shall reside among either the Great or Little Osages; and neither without leave.

of them shall ever be absent from their posts, except by the permission of

the superintendent. No war to be ARTICLE XVII. None of the braves of the Great Osage tribe shall go Well, except with upon the war-path, against any enemy whatever, except with the consent the consent of the of the agent, or unless it be to pursue hostile bands of white men or agent.

Indians entering their country and committing murder, robbery, or other outrage when immediate pursuit is necessary; nor shall hold any talks or councils with any white men or Indians without his knowledge and consent. And they especially agree to attend no councils or talks in the country of any people, or with the officers or agents of any people, with whom the Confederate States are at war; and in case they do so, all the

benefits secured to them ly this treaty shall inomediately and forever cease. Who may lire ARTICLE XVIII. The Confederate States will not permit any improper in the Osage persons to reside or be in the Great or Little Osage country, but only such country.

persons as are employed by them, their officers or agents, and traders licensed by them, who shall sell to the Osages and buy from them, at fair prices, under such regulations as the President shall make from time to

tirne. The stealing of

ARTICLE XIX. To steal a horse or any other article of property from a property regarded

white man or an Indian not at war with the Confederate States, shall as disgraceful.

always be regarded as disgraceful, and the i'hiefs of the Osages will discountenance and prevent it by every means in their power. For if they

should not there never could be any permanent peace. The C. S. wish

ARTICLE XX. The Confederate States wish the Osages to settle upon the Osages to set, and cultivate their land, build houses and dig wells, and by industry lands, build become enabled to support themselves; and in order to encourage and houses, tc, and assist them and because of the chattels and articles promised to the Great them with stock, Osages and and Little Osages by the treaty of the elerenth day of Jan. farming imple-uary, A. D., one thousand eight hundred and thirty-nine, a considerable ments, &c.

portion never was furnished them, to-wit: twelve hundred hogs, seren hundred ploughs, seven hundred sets of horse-gear, cight hundred axes, and eight hundred hoes, the Confederate States agree to give them twelve hundred breeding hogs, fifty yoke of oxen with ox-wagons, horse-gear, ploughs, yokes, axes, spades and hoes, and other useful implements, to the value of fifteen thousand dollars, at the first cost in the place in the Confederate States where the same shall be purchased; of which stock, nine hundred hogs, forty yoke of oxen, and such implements as aforesaid to the value of eleven thousand dollars shall be given to the Great Osages, and the residue to the Little Osages if they unite in this treaty. But such stock and implements shall only be issued from time to time, and to such persons as shall be reported by the agent to the superintendent to be engaged or ready to engage in farming, and who will take care of and profitably use the same,

and be benefitted by them, and not sell, waste or destroy the same; upon which reports, and so only, the superinten

tants.

assistant.

dent shall cause the issue to such persons only, of so much of said stock, and so many of said implements as he would be entitled to upon a distribution of all per capita ; and it shall be the duty of the Chiefs and of the agent to see that what is so issued is not destroyed or wasted; and if waste or destruction can in no otherwise be prevented, to reclaim the same and issue them elsewhere.

ARTICLE XXI. The Confederate States also agree to build and put in Building of grist running order a grist and saw mill, at some suitable point in the Osage the employment of country, and to employ a miller for each mill for the term of nine years millers and assisfrom the date of this treaty, and an assistant to each for the same time; tants. the latter to be selected from the Osage Nation, and each of them to compensation of receive two hundred and twenty-five dollars per annum as his compensa- millers and assistion; and each miller shall be furnished with a dwelling house; this article being agreed to by the Confederate States because the mill erected by the United States, under the treaty of the year one thousand eight hundred and thirty-nine, was burned down after being in operation only six years.

ARTICLE XXII. The Confederate States also agree, that the agent for Agent to employ the Osages shall be authorized to employ, for and during the term of ten

agricultural and

other laborers. years from the day of the signing of this treaty, ten agricultural and other laborers, to assist the Great and Little Osages in opening and preparing for cultivation their fields, and building their houses, who shall be, at all times, under the control and direction of the agent.

ARTICLE XXIII. For the same. purpose, the Confederate States will also provide, furnish and support for and during the term of twenty years from the date of this treaty, for the Great Osages upon and after the ratification of this treaty, and for the Little Osages when they shall become parties to this treaty, to each a blacksmith and an assistant who Blacksmith and shall be one of their own people, and for each, annually, a sufficient supply of coal, with five hundred pounds of iron and sixty pounds of Coal, iron and steel to the blacksmsth for the Great Osages, and two hundred and fifty steel. pounds of iron and twenty-five pounds of steel to the blacksmith for the Little Osages, that their farming utensils, tools and arms may be seasonably repaired ; and also one wagon-maker for each ; and will furnish each Wagon-inaker. smith and wagon-maker with the necessary tools and with a shop, and Tools and shop to the wagon-maker with the necessary wood and other materiels from time smith and wagon

maker, and wood, to time.

&c., for tbe latter. ARTICLE XXIV. The Confederate States will also furnish, at proper Medicines and places, the Great and Little Osages with such medicines as may

medical service.

be cessary, and will employ a physician for each, who shall reside among them, during the pleasure of the President.

ARTICLE XXV. The Confederate States also agree to furnish each. Rifle, azmuni. warrior of said Great Osage tribe, who has not a gun, with a good rifle tion; caps, &c., to and a supply of powder and lead and percussion caps or flints, as soon as warr.or. it may be found practicable. The arms and ammunition are never to be given away, sold or exchanged, and the Chiefs will punish any one who so disposes of either; and the Confederate States will severely punish any trader or other white man who may purchase either from them. ARTICLE XXVI. No State or Territory shall ever pass laws for the The Osages left

free to govern government of the Osage people; and except so far as the laws of the

themselves. Confederate States are in force in their country, they shall be left free to govern themselves, and to punish offences committed by one of themselves against the person or property of another : Provided, That if one Proviso. of them kills another, without good cause or justification, he shall suffer death, but only by the sentence of the Chiefs, and after a fair trial, all private revenge being strictly forbidden.

ARTICLE XXVII. Every white man who marries a woman of the

ne

White man who Osages, and resides in the Osage country, shall be deemed and taken, marries a woman even after the death of his wife, to be an Osage and a member of the of the Sea tribe in which he resides, so far as to be subject to the laws of the tribe Osage, so far as to in respect to all offences committed in its country against the person or be subject to the property of another member of the tribe, and as not to be considered a white luws of the tribe. man committing such offences against the person or property of an Indian,

within the meaning of the acts of the Congress of the Confederate Negroes and mu- States. And all negroes and mulattoes, bond or free, committing ang lattoes in like toan-such offence in said country shall, in like manner, be subject to the laws laws of the tribe. of the tribe.

Milit a ry and ARTICLE XXVII. The Confederate States shall have the right to other roads. establish, open and maintain such military and other roads through any

part of the Osage country, as the President may deem necessary, without

making any compensation for the right of way, or for the land, timber Compens & tion or stone used in constructing the same ; but if any other property of the Dvr property used tribe, or any other property or the improvements of an individual be or

used or injured therein, just and adequate compensation shall be made Granting of right ARTICLE XXIX. The Confederate States may grant the right of way of way for rail- for any railroad through any part of the said country; but the company

to which any such right may be granted shall pay the tribe therefor such sum as shall, in the opinion of the President, be its fair value; and shall also pay to individuals all damages done by the building of said road to their improvements or other property to such amount in each

case as commissioners appointed by the President shall determine. Intrusions and Article XXX. The agent of the Confederate States for the Osages settlement upon and other bands shall prevent all intrusions by hunters and others, upon the lands of the the lands of the Osages, and permit no white men or other Indians to Osages to he proversted. settle thereon, and shall remove all such persons, calling, if necessary,

upon the military power for aid; and the commanders of military posts in that country shall be required to afford him such aid upon his requi

sition. Purchasers from ARTICLE XXXI. If any trader or other person should purchase from the Orages of arti- any Osage any of the cattle or other chattels or articles given him by clos given them by the Confederate States, he shall be severely punished. the C. S., to be punished.

ARTICLE XXXII. The Great and Little Osages may allow persons of The Urages may any other tribe of Indians to settle among them, and may receive from allow other In

them for their own benefit compensation for such lands as they may dians to settle

sell among them. or assign to such persons. Who got to pas

ARTICLE XXXIII. No citizen or inhabitant of the Confederate States ture stock on their or member of any friendly pation or tribe of Indians shall pasture stoek

on the lands of the Osages; but all such persons shall have full liberty, Liberty given to at all times, and whether for business or pleasure, peaceably to travel in travel in their their country, on the roads or elsewhere, to drive their stock through country, and drive the same and to halt such reasonable time on the way as may be necesstock through the sary to recruit their stock, such delay being in good faith for that pur

pose and for no other. Fugitives from ARTICLE ,XXXIV. Any person duly charged with a criminal offence justice to be sur-against the laws of the Confederate States, or of any State, or Territory, rendered.

or of any Indian nation or tribe under the protection of the Confederate States, escaping into the Osage country, shall be promptly taken and delivered up by the Chiefs of the Osages, on the demand of the proper authority of the Confederate States, or of the State, Territory, nation or tribe within whose jurisdiction the offence shall be alleged to have

been committed. Lawl declared ARTICLE XXXV. In addition to the laws of the Confederate States the Osage country. expressly applying to the Indian country, so much of their laws as prothe Oeage country. vides for the punishment of crimes amounting to felony at common law

lands.

.

witnesses.

cue

or by statute against their laws, authority or treaties, and over which the courts of the Confederate States have jurisdiction, including the counterfeiting the coir. of the United States or of the Confederate States, or any other current coin, or the securities of the Confederate States, or the uttering of such counterfeit coin or securities; and so much of said laws as provides for punishing violations of the neutrality laws, and resistance to the process of the Confederáte States; and all the acts of the provisional Congress providing for the common defence and welfare, so far as the same are not locally inapplicable; and the laws providing , Jorisdiction co for the capture and delivery of fugitive slaves shall be in force in the district eourt of the

Chalahki district, Osage country; and the district court for the Chalahki district, when established, shall have exclusive jurisdiction to try, condemn and punish offenders against those laws, to adjudge and pronounce sentence, and cause execution thereof to be done.

ARTICLE XXXVI. Whenever any person who is a member of the Any member of Great or Little Osage tribe shall be indicted for any offence in any court

the Osage tribe in)

dicted in any court of the Confederate States, or in a State court, he shall be entitled as of of the c. s. or common right to subpæna, and if necessary to compulsory process for State court entiall such witnesses in his behalf as his counsel may think material for tied to process or his defence; and the costs of process for such witnesses, and of the ser

Costs of process vice thereof, and fees and mileage of such witnesses shall be paid by the and foes and miloConfederate States; and whenever the accused is not able to employ age of witnesses. counsel, the court shall assign him one experienced counsel for his When accused

may be assigned defence, who shall be paid by the Confederate States a reasonable com-counsels pensation for his services, to be fixed by the court and paid upon the certificate of the judge.

ARTICLE XXXVII. It is hereby declared and agreed that the insti- Existing laws, tution of slavery in the said Great and Little Osage tribes is legal, and more nude

toms in regard to has existed from time immemorial; that slares are personal property ; slavery, declared that the title to slaves and other property having its origin in the said binding. tribes is to be determined by the laws and customs thereot'; and that the slaves and personal property of every person domiciled in the country of the said tribes, shall pass and be distributed at his or her death, in accordance with the laws, usages and customs of the said tribes, which may be proved by oral evidence, and shall everywhere be held valid and binding within the scope of their operations. And if any slaves escape from any of said tribes, the laws of the Confederate States for the S. for the capiuro capture and delivery of fugitive slaves shall apply to such cases, whether and delivery of su

gitive slaves, to apo they escape into a State or Territory or into any Indian nation or ply. tribe, under the protection of the Confederate States; the obligation upon each such State, Territory, nation or tribe to deliver up the same, being in every case as complete as if they had escaped from a State, and the mode of procedure the same.

ARTICLE XXXVIII. The Great Osage Tribe of Indians hereby makes The Great Osaga itself a party to the existing war between the Confederate States and the Tribe makes itself United States of America, as the ally and ward of the former; and, in party to the es. consideration of the protection guaranteed by this treaty, and of their agrees to furnish common interests hereby agrees to raise and furnish, whenever they men for the service. shall be called on, a force of tive hundred men for the service of the Confederate States, or any less number, who shall receive the same pay Pay and allowand allowances as other troops of the same class in that service, and ances of the mou. remain in the service as long as the President shall require; and, also, How long co to furnish any number of young men for scouts and runners, required by

Scouts and runany general or other commanding officer of the Confederate States in the Indian country, who shall receive such compensation as such officer Compensation shall fix. ARTICLE XXXIX. In consideration of the loyalty of the Great

serve.

per..

Tha (5. 6. agree Osage Tribe, and of their readiness to place themselves under the proto openl for paid tection of the Confederate States, and of their poverty, and of the great trib* $:5.000 onLully fur twenty

losses in horses and other property, sustained by them at the hands of years.

lawless persons for many years, the Confederate States do hereby agree to expend for the benefit of the Great and Little Osage Tribes, for the

full term of twenty years from the date of this treaty, the sum of fifteen How fund to be thousand dollars annually, of which sum five thousand dollars per annum applied. shall be added to the interest on the school fund of the nation, herein

after provided for, and ten thousand dollars shall be divided fairly in each year, after the Little Osage Tribe shall have united in this convention, between the two tribes in proportion to the number of souls in each; and the said sum of ten thousand dollas shall, in each year, be applied by the Superintendent to the purchase of such articles of clothing household utensils, blankets and other articles, as shall tend to the comfort of the Osages, and encourage them in their endeavors to improve, and which articles the agent shall distribute among them, in the same

manner, and nearly as possible, as moneys would be distributed per Prorisu.

capita: Prorided, That in the distribution any person may be excluded by him, if reported by the chiefs to be worthless, idle or dissolute, or a bad and mischievous person ; and that he may do the same upon his own kuowledge, taking care, as far as may be, that only the good and worthy shall be the recipients of the bounty of the Government of the Confede

rate States. Pcservation and ARTICLE XL. It is hereby agreed and ascertained, that by the sixth pale of land of the article of the treaty with the Great and Little Osages, of the second Osagos for the suppurt of schools. day of June, A. D., one thousand eight hundred twenty-five, it was

agreed that from the lands ceded and relinquished by the Osages by that treaty, a reservation should be made of fifty-four tracts of land, of a mile square each, to be laid off under the direction of the President of the United States, and sold for the purpose of raising a fund to be applied to the support of schools, for the education of the Osage children, in such manner as the President might deem advisable for the

attainment of that end ; that fifty-four sections of land were accordingly Proceeds of gale; selected, and afterwards sold, and the proceeds of the same amounted to how invested. thirty-one thousand seven hundred and twenty-four dollars and two

cents, which sum remains invested as follows, that is to say:

In six per cent. stock of the State of Missouri, seven thousand dollars;

In United States six per cent. loan of one thousand eight hundred and forty-two, twenty-tour thousand six hundred and seventy-nine dollars and fifty-six cents;

And in United States six per cent. loan, of one thousand eight hundred and forty-seven, forty-four dollars and forty-six cents;

And as it will be useless for the Osages hereafter to expect anything from the justice of the United States, and the Confederate States do

not desire that they should hereafter look to that quarter for any moneys Annual internt it is, therefore, further hereby agreed, that the Confederate States will on said sums to be hereafter pay, annually, on the first day of January in each year, per: puid by the C. 8.

petually, commencing with the year one thousaud' eight hundred and sixty-two, for the benefit of the Great and Little Osage Tribes, the sum of one thousand nine hundred and three dollars and forty-four centa, being the annual interest on said sums of money 60 as aforesaid in United States stocks and stocks of the State of Missouri, at the rate of six per cent. per annum, and will look to the State of Missouri for the payment of the principal and interest of said sum of seven thousand dollars, as invested in stocks of that State. To which sum shall be

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