the consent of the

agent.

No war to be shall go upon the war-path, after they are settled upon reserves, against waged or councils any enemy whatever, or as guides to any war-party, except with the heid, except with knowledge and consent of the agent, nor hold any councils or talks with any white men or other Indians without his knowledge and consent. Who may live And the Confederate States will not permit improper persons to live among them, but only such persons as are employed by the Confederate States and traders licensed by them, who shall sell to the Indians and buy from them at fair prices, under such regulations as the President shall make.

among them.

ful.

White prisoners

The stealing of ARTICLE XII. To steal a horse or any other article of property from property to be con- another Indian or white man, shall hereafter be considered disgraceful, sidered disgrace- and the chiefs will discountenance it by every means in their power. For if they should not, there never could be any permanent peace. ARTICLE XIII. If there should be among the No-co-nis, Ta-ne-i-wes, to be delivered up. Ya-pa-rih-cas or Co-cho-tih-cas, any white prisoner or prisoners, it is agreed that they shall be delivered up when they come in to settle; and that if they can peaceably procure possession of any that may be held by any other band of the Ne-um, or by the Cai-a-was, or any other Prairie tribe, they will also bring them in, to be restored to liberty. And suitable rewards. the Confederate States agree that if any prisoners are so brought in and restored, suitable rewards shall be given the band that brings them in, for doing so. But this article creates no obligation to deliver up Mexicans who may be prisoners.

The C. S. to pay

Comanches held as prisoners to be delivered up and restored to their bands.

manches except

ARTICLE XIV. The Confederate States also agree, that if there be any person or persons held as prisoners in Texas or any other of the Confederate States, or in the Cherokee, Mus-ko-ki, Seminole, Choctaw or Chickasaw Nation who are of the Ne-um or Comanches, that all such persons shall be set free and delivred up and restored to their band without charge or expense to the Ne-um.

The C. S. ask ARTICLE XV. The Confederate States ask nothing of the bands of nothing of the Co- the Ne-um, except that they will settle upon their reserves, become that they will set- industrious, prepare to support themselves, and live in peace and quiettle upon the r re- ness; and in order to encourage and assist them in their endeavors to serves, live peace become able to support themselves, the Confederate States agree to furably, &c., and nish them rations of provisions in the same manner as they are now agree to furnish them with rations, doing for the Wichitas and other tribes and bands settled upon reserves, stocks, agricultu- to include also sugar and coffee, salt, soap and vinegar, for such time 33 ral implements, may be necessary to enable them to feed themselves. They agree to &c. furnish each of the said bands of the Ne-um with twenty cows and calves for every fifty persons contained in the same, and one bull for every forty cows and calves; and also other stock at the discretion of the superintendent when they desire to have the same; all of which aniinals shall be distributed by the agent to such persons and families as shall, in his judg ment, be most likely to take care of them. And they also agree to furnish for the use of the said bands of the Ne-um, such number of draught oxen, wagons, carts, ploughs, shovels, hoes, pick-axes, spades, scythes, rakes, axes and seeds as may be necessary to enable them to farm successfully. They also agree to furnish the said bands of the Ne-um, annually, with

quantities as the agent shall estimate for, and the superintendent require, of all such articles as are mentioned and contained in schedule here unto annexed, marked A, to be issued and delivered to them by the agent. ARTICLE XVI. The Confederate States will maintain one agency for the Agency for the tribes and bands now settled upon the reserves in the said leased country, tribes and bands and for the said four bands and all the other bands of the Ne-um that may settle therein; which agency shall be kept either at the present agency house or some other convenient location, at which the agent shall continually reside; and they do promise the said four bands and all the other

bands of the Ne-um that may settle in reserves, that they shall never be abandoned by the agent, and that he shall not be often nor for any long time away from his agency.

Interpreter, blacksmith, striker and wagon maker.

ARTICLE XVII. The Confederate States will employ and pay one interpreter for all the bands of the Ne-um settled upon the reserves; and an additional blacksmith, another striker, and another wagon-maker, shall be employed for the bands of the Neum alone, when the said four bands of the Neum shall have come in and settle upon reserves. The interpreter, blacksmith, striker and wagon-maker shall reside with some one of the bands. The Confederate States will also furnish, from time to time, Tools and sup such tools and such supplies of iron, steel and wood as may be needed for plies of iron, steel the work of the said bands; and will also furnish them with medicines Medicines and and medical advice, at the agency, where a physician shall be employed medical services. to reside, for their benefit exclusively. And they will also employ, for five years and as much longer as the President shall please, a farmer for each Farmer for each reserve, to instruct them in cultivating the soil, so that they may soon be reserve. able to feed themselves; and will erect such a number of horse-mills, to grind their corn, as the superintendent shall consider to be necessary, in order to accommodate all.

and wood.

Grist mills.

Erection of

ARTICLE XVIII. The Confederate States also agree to erect such buildings for the mills, and the blacksmith shops, and houses for the farmers, buildings. interpreters and physicians as have been erected among the other Indian tribes, and also to assist the said Indians in building houses for themselves, and in digging wells for water, and opening their lands.

reserves.

ARTICLE XIX. The said four bands agree to remain upon their reserves, Bands agree to when they shall have settled thereon, and not, at any time, to leave them remain upon their in order to make crops elsewhere. And, if they should leave them, the Confederate States shall not be bound any longer to feed them or make them presents, or give them any assistance.

ished each warrior.

ARTICLE XX. The Confederate States also agree to furnish each warrior Rifle and ammuof the said four bands, who has not a gun, with a flint-lock rifle and nition to be furnammunition, which he agrees never to sell or give away, and the Confederate States will punish any trader or other white man who may purchase one from them.

ARTICLE XXI. The Confederate States will invite all the other bands Promises made of the Ne-um or Comanches to abandon their wandering life and settle by the C. S. to the Comanches, should within the leased country aforesaid; and do promise them, in that case, they settle within the same protection and care as is hereby promised to the tribes and bands the leased country now residing therein; and that there shall be allotted to them reserves of and atone for good land, of sufficient extent, to be held and owned by them forever; and crimes committed. that all the other promises made by these articles, shall be considered as made to them also, as well as to the tribes and bands now residing on reserves; and that the same presents shall be made to them, and assistance given them in all respects; and the same things, in all respects, are also hereby offered the Cai-a-was and agreed to be given them, if they will settle in said country, atone for the murders and robberies they have lately committed, and show a resolution to lead an honest life; to which end the Confederate States send the Cai-a-was, with this talk, the wampum of peace and the bullet of war, for them to take their choice, now and for all time to come.

stolen.

ARTICLE XXII. The Confederate States hereby guarantee to the mem- Indemnity for bers of the aforesaid four bands full indemnity for any horses or any other horses or other property that may be killed or stolen from them by any citizen of the property killed or Confederate States or by any other Indians: Provided, That the property, Proviso. if stolen, cannot be recovered and restored, and that sufficient proof is produced, to satisfy the agent that it was killed or stolen within the limits of the Confederate States.

Payment to be

made to the Semi

schedule.

ARTICLE XXIII. The Seminoles having asked the Confederate States to noles for horses pay them for certain horses stolen from them by some of the Ne-um, two stolen, according years ago, and which the United States were bound to pay for if they to the annexed could not be recovered, the Confederate States have accordingly agreed to do so, at the time of making the treaty lately with the Seminoles; and they do hereby agree, in order that the Neum may not hereafter be troubled about the horses so taken, to pay for them the sums, and to the persons, mentioned in the schedule thereof hereunto annexed; but as the Seminoles allege that one or more of their horses is now here. in the possession of some of the No-co-ni, Ta-ne-i-weh, Ya-pa-rih-ca or Co-chotih-ca band of Ne-um, it is agreed that, if it be so, such horse or horses shall be given up, and the person in possession shall be compensated for the loss of the same. To this end, the Chiefs will let the Seminoles see all their horses; and, after this time, it is distinctly understood that no one can get any right to property by stealing it, and that no compensation will ever again be made to any one who has given up stolen property. And the Confederate States do hereby agree with the several persons from whom horses were stolen, and the heirs of such of them as are deceased, and whose names are found in the said schedule B, hereunto annexed, that they will pay, immediately upon the ratification of this treaty, through the agent for the Seminoles, the amount of loss sustained by each respectively, according to the said schedule, except for such horses as may be returned as above provided for and noted as returned on the said schedule. Settlement of ARTICLE XXIV. If any difficulty should hereafter arise between any of difficulties between the said four bands or any of their members, or between any of them and count of injuries any of the other tribes or bands settled on reserves, in consequence of to persons or prop the killing of any one, of the stealing or killing of horses, cattle or other

the bands on ac

erty.

No private re

tion to be taken for injuries.

by the C. S.

stock, or of injury in any other way to person or property, the same shall be submitted to the agent of the Confederate States, who shall settle and decide the same equitably and justly, to which settlement all parties agree to submit, and such atonement and satisfaction shall be made as he shall direct.

ARTICLE XXV. In order that the friendship which now exists between venge or retalia- the said several tribes and bands of Indians, now or hereafter settled in the said leased country, and the Choctaws and Chickasaws and the people of the Confederate States, may not be interrupted by the conduct of individuals, it is hereby agreed, that if any white man or any Choctaw or Chickasaw injures an Indian of any one of said tribes and bands, or if any one them injuries a white man or a Choctaw or Chickasaw, no private revenge or retaliation shall take place, nor shall the Choctaws or Chickasaws try the person who does the wrong, and punish, him in their courts, Offenders to be but he shall be tried and punished by the Confederate States; and the life tried and punished of every person belonging to said tribes and bands shall be of the same Punishment for value as the life of a white man; and any Indian or white man who kills killing without one of them without cause, shall be hung by the neck until he is dead. ARTICLE XXVI. In case either of the bands of the Ne-um, with whom friendship between this convention is made, should not consent to come in and settle, and the C. S. and such should prefer to continue to live as they have heretofore, then there shall of the bands as still be peace and friendship between them and the people of the Confede they have hereto. rate States, and the Cherokees, Mus-ko-kis, Seminoles, Choctaws and Chickasaws, and all the tribes and bands settled upon reserves in the country aforesaid; and all of the same shall travel, without injury or molestation, through the hunting grounds of the Ne-um, and shall be treated with kindness and friendship.

cause.

Peace and

continue to live as

fore.

Texan troops to be withdrawn.

ARTICLE XXVII. It is further hereby agreed by the Confederate States, that all the Texan troops now within the limits of said leased country shall be withdrawn across Red river, and that no Texan troops shall here

after be stationed in forts or garrisons in the said country, or be sent into the same, except in the service of the Confederate States and when on the war-path against the Cai-a-was or other hostile Indians.

ARTICLE XXVIII. It is further agreed by the chiefs and head men of Other bands of the bands of the Ne-um who have signed this convention, that upon Indians to be pertheir suaded to come in return to their bands they will take this talk and the wampum of peace and settle upon refrom the Confederate States and from the Mus-ko-kis, Seminoles, Choc- serves and to make taws and Chickasaws, to the bands of the Ne-um, and tell them what they peace. have seen and heard, and persuade them also, if they can, to come in and settle upon reserves in the leased country, and at any rate to make peace by the time when the leaves fall before the next snows.

tions between the

ARTICLE XXIX. It is agreed by the parties, that the making of this Friendly relaConvention shall in no wise interrupt the friendly relations between the Ne-um and the Ne-um and the people of Mexico; and that the Confederate States desire people of Mexico that perfect peace should exist between the Ne-um and all the Mexicans. not interrupted by ARTICLE XXX. This convention shall be obligatory on the bands whose When this Conchiefs and head men sign the same from the day of its date, and on the vention to be obConfederate States from and after its ratification by the proper authority, ligatery. In perpetual testimony whereof, the said Albert Pike, as Commissioner,

with plenary powers, of the Confederate States of America to the Indian nations and tribes west of Arkansas, for and on behalf of the said Confederate States, doth now hereunto set his hand and affix the seal of his arms; and Wi-na-hi-bi or the Drinking Eagle, Chief of the No-co-ni band of the Ne-um, and the undersigned head men of the same, for and in behalf of that band; and the same Wi-na-hi wa, Chief of the No-co-nis, by special authorization and direction of Po-ho-wi-ti-quas-so, or Iron Shirt, the Chief of the Ta-ne-i-weh band of the Ne-um, who has been present but is now absent mourning for a relative SEAL. deceased, with Ke-e-na-toh-pa a head man of the Ta-ne-i-weh band, for and on behalf of the same; and Te-hi-a-quah, Chief of the Ya-pa-rih-ca band of the Ne-um, with the undersigned head men of the same, for and on behalf of the Ya-rih-ca band; and Ma-a-we, Chief of the Co-cho-tih-ca band of the Ne-um, with the undersigned head men of the same, for and on behalf of the Co-cho-tih-ca band, do now hereunto respectively set their hands and affix their seals.

Done at the Witchita Agency aforesaid, on the twelfth day of August, in the year of our Lord, one thousand eight hundred and sixty-one.

ALBERT PIKE,

Commissioner of the Confederate States to the Indian Nations and tribes west of Arkansas.

this treaty.

KE-PA-HE-WA,

Sub-Chief of the Noconis.

CHO-O-SUÍ,

Retired Chief of the Noconis. PO-HO-WI-TI-QUAS-SO,

Principal Chief of Ta-ne-i-wek Band, by

QUI-NA-HI-WI,

Principal Chief of the Noconi Band. KE-E-NA-TOH-PA,

Sub-Chief of the Te-ne-wi Band.

Chief of the Ya-pa-rih-ca Band.
MA-A-WE

Principal Chief of the Co-cho-tih-ca Band.
CHO-CO-RA,

Chief of the Co-cho-tik-ca Band.
TE-CO-WE-WIH-PA,

Chief of the Co-cho-tih-ca Band.

Of articles of merchandise, &c., agreed to be furnished annually, under the foregoing Convention, to the Comanches, Wichita, Huecos, Cado, Hadachos, Anadaghcos, Tabuacaros, Kichais, Aionais, Shawnees and Delawares living in reserves in the country leased from the Choctaws and Chickasaws.

Blue drilling, warm coats, calico, plaid check, regatta cotton shirts, woolen shirts, beads, camp kettles, knives and forks, nails, augers, chopping axes, locks, hats, white drilling, brown domestic, thread, yarn and twine, ribbons, assorted colors, combs, butcher knives, large iron-spoons, hatchets and hammers, gimlets, fish-hooks, red, white and blue blankets, red and blue list cloth, shawls and handkerchiefs, shoes for men and women, tincups and buckets, coffee-pots and dippers, needles, scissors and shears, ammunition, including powder, lead, flints and percussion caps, tobacco. This is schedule A, of the treaty with the four bands of the Ne-um, to which it is annexed as part thereof.

ALBERT PIKE, Commissioner.

Schedule B.

SCHEDULE B

Of the citizens of the Seminole Nation who are to be paid under the 23d article of the foregoing treaty for the horses stolen from them by the Comanches and other tribes of Indians; and of the amounts to be paid for horses stolen by marauding bands of the Prairie Indians, in November, 1859, and November, 1860.