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Agreement at Fort Berthold,
1866
Articles of
agreement and convention made and concluded at Fort Berthold in the Territory of
Dakota, on the twenty-seventh day of July in the year of our Lord one thousand
eight hundred and sixty-six by and between Newton Edmunds, governor and
ex-officio superintendent of Indian affairs of Dakota Territory; Major General
S. R. Curtis, Orrin Guernsey and Henry W. Reed, commissioner appointed on a.
part of the United States to make treaties with the Indians of the Upper
Missouri; and the chiefs and headmen of the Arickaree tribe of Indians,
Witnesseth as follows:
ARTICLE 1st.
Perpetual peace,
friendship, and amity shall hereafter exist between the United States and the
said Arickaree Indians.
ARTICLE 2d.
The said Arickaree tribe of
Indians promise and agree that they will maintain peaceful and friendly
relations toward the whites; that they will in future, abstain from all
hostilities against each other, and cultivate mutual good will and friendship,
not only among themselves, but toward all other friendly tribes of Indians.
ARTICLE 3.
The chiefs and headmen
aforesaid acting as the representatives of the tribe aforesaid and being duly
authorized and hereunto directed in consideration of the payments and privileges
hereinafter stated, do hereby grant and convey to the United States the right to
lay out and construct roads, highways, and telegraphs through their country, and
to use their efforts to prevent them from annoyance or interruption by their own
or other tribes of Indians.
ARTICLE 4.
No white person, unless in
the employ of the United States, or duly licensed to trade with said Indians, or
members hers of the families of such persons shall be permitted to reside or
make settlement upon any part of the country belonging to said Indians, not
included or described herein; nor shall said Indians sell, alienate, or in any
manner dispose of any portion thereof, except to the United States
ARTICLE 5.
The said Arickara tribe of
Indians hereby acknowledge their dependence on the United States and their
obligation to obey the laws thereof; and they further agree and obligate
themselves to submit to and obey such laws as may be made by Congress for their
government and the punishment of offenders; and they agree to exert themselves
to the utmost of their ability in enforcing all the laws under the
superintendent of Indian affairs, or agent; and they pledge and bind themselves
to preserve friendly relations with the citizens of the United States, and
commit no injuries to, or depredations upon, their persons or property. They
also agree to deliver to the proper officer or officers of the United States,
all offenders against the treaties, laws, or regulations of the United States,
and to assist in discovering, pursuing and capturing all such offenders who may
be within the limits of the country claimed by them, whenever required so to do
by such officer or officers. And the said Arickara tribe of Indians further
agree that they will not make war upon any other tribe or band of Indians,
except in self-defense, but will submit all matters of difference between
themselves and other Indians to the Government of the United States by
adjustment, and will abide thereby; and if any of the Indians, party to this
treaty, commit depredations upon any other Indians within the jurisdiction of
the United States, the same rule shall prevail with regard to compensation and
punishment as in cases of depredations against citizens of the United States.
ARTICLE 6.
In consideration of the
great evil of intemperance among some of the Indian tribes, and in order to
prevent such consequences among ourselves, we, the said Aricara tribe of Indians
agree to do all in our power to prevent the introduction or use of spirituous
liquors among our people, and to this end we agree that should any of the
members of our tribe encourage the use of spirituous liquors, either by using it
themselves, or buying and selling it, whosoever shall do so shall forfeit his
claim to any annuities paid by the Government for the current year; or should
they be aware of such use or sale or introduction of liquor into their country,
either by whites or by persons of Indian blood and not aid by all proper means
to effect its extermination and the prosecution of offenders, shall be liable to
the forfeiture above mentioned.
ARTICLE 7.
In consideration of the
foregoing agreements, stipulation, cessions, and undertakings and of their
faithful observance by the said Aricara tribe of Indians, the United States
agree to expend for the said Indian; in addition to the goods and provisions
distributed at the time of signing this treaty, the sum of ten thousand dollars
annually for twenty years, after the ratification of this treaty by the
President and Senate of the United States, to be expended in such good
provisions, and other articles as the President may in his discretion, from time
to time determine, provided, and it is hereby agreed that the President may, at
his discretion, annually expend so much of the sum of three thousand dollars as
he shall deem proper, in. the purchase of stock, animals, agricultural
implements, in establishing and instructing in agricultural and mechanical
pursuits, such of said Indians as shall be disposed thereto; and in the
employment of mechanics for them, in educating their children, in providing
necessary and proper medicines, medical attendance, care for and support of the
aged, sick, and infirm of their number, for the helpless orphans of said
Indians, and in any other respect promoting their civilization, comfort, and
improvement; provided further, that the President of the United States may, at
his discretion determine in what proportion the said annuities shall be
distributed among said Indians; and the United States further agree that out of
the sum above stipulated to be paid to , said Indians, there shall be set apart
and paid to the head-chief, the sun of two hundred dollars annually, and to the
soldier chiefs, fifty dollars annually in money or supplies, so long as they and
their bands remain faithful to their treaty obligations; and for and in
consideration of the long continued and faithful services of Pierre Garreau to
the Indians of the aforesaid tribe, and his efforts for their benefit, the
United States agree to give him, out of the annuities to said tribe, the sum of
two hundred dollars annually, being the same amount as is paid the head chiefs
as aforesaid; and also to the eight leading men presented by the said tribe as
the headmen and advisers of the principal chiefs, and to their successors in
office, the sum of fifty dollars per annum, so long as they remain faithful to
their treaty obligations; and provided that the President may, at his
discretion, vary the, amount paid to the chiefs, if in his judgment there may be
either by the fidelity or efficiency of any of said chiefs sufficient cause; yet
not so as to change the aggregate amount.
ARTICLE 8.
It is understood and agreed
by the parties to this treaty, that if any of the bands of Indians, parties
hereto, shall violate any of the agreements, stipulations, or obligations herein
contained, the United States may, withhold, for such length of tine as the
President may determine, any portion or all the annuities agreed to be paid to
said Indians under the provisions of this treaty.
ARTICLE 9.
The annuities of the
aforesaid Indians shall not be taken to pay the debts of individuals, but
satisfaction for depredations committed by them shall be made in such manner as
the President may direct.
ARTICLE 10.
This treaty shall be
obligatory upon the aforesaid tribe of Indians from the date hereof, and upon
the United States do soon as the same shall be ratified by the President and
Senate.
ARTICLE 11.
Any amendment or
ratification of this treaty by the Senate of the United States, not materially
changing the nature or obligation of the same, shall be considered final and
binding on said bands the same as if it been subsequently presented and agreed
to by, the said chiefs and headmen, in open council. In testimony whereof the
aforesaid commissioners on the part of the United States, and the chiefs and
headmen of the aforementioned tribe of Indians, have hereunto set their hands
this twenty-seventh day of July, in the year of our Lord one thousand eight
hundred and sixty-six, after the contents thereof had been previously read,
interpreted and explained.
Newton Edmunds. S.R.
Curtis. Orrin Guernsey. Henry W. Reed.
White Shield, his x mark.
Iron Bear, his x mark. The Son of the Star, or Rushing Bear, his x mark. The
Black Trail, His x mark. The Wolf Necklace, his x mark. The one that comes out
first, his mark. The Whistling Bear, his x mark. The Yellow Knife, his x mark.
The Bear of the Woods, his x mark. The Dog Chief, his x mark. Headmen: White Cow
Chief, his x mark. The Walking Wolf, his x mark. The White Bear, his x mark. The
Bully Head, his mark. The Young Wolf, his x mark. The Short Tail Bull, his x
mark, The Lone Horse, his x mark. The War Eagle Cap, His x mark. The Sitting
Night, his x mark. The Yellow Wolf, his x mark. The Old Bear, his x mark. The
Brave, his x mark. The Big head, his x mark. The Elk River, his x mark. Mahlon
Wilkinson, agent Reuben S. Pike. Jos. La Burg, jr. Charles Reader. Chas. F.
Picotte. U. S. Interpreters: Pierre Garreau, his x mark. Charles Papin. Charles
Larpenteur.
Signed by the commissioners
on the part of the United States, and by the chiefs and headmen, after the
treaty had been fully read, interpreted, and explained in our presence. Chas. A.
Reed, Secy. of Commission. M. K. Armstrong, Assist. Secty.
ADDENDA.
The chiefs and headmen of
the Gros Ventres and Mandan tribes, heretofore long associated with the
Arickarees named in the foregoing treaty, and anxious to continue their
residence in the same community and perpetuate their friendly relations with the
Arickarees and the United States, do concur in, and become parties and
participants in and to all the stipulations of the foregoing treaty. And it
being made known to all the tribes thus associated that the United States may
desire to connect a line of stages with the river, at the salient angle thereof
about thirty miles below this point, and may desire to establish settlements and
convenient supplies and mechanical structures to accommodate the growing
commerce and travel, by land and river, the chiefs and headmen of the
Arickarees, Gros Ventres, and Mandans, acting and uniting also with the
commissioners of the United States aforesaid, do hereby convey to the United
States all their right and title to the following lands, situated on the
northeast side of the Missouri River, to wit: Beginning on Missouri River at the
mouth of Snake River about thirty miles below Ft. Berthold; thence southwardly
parallel to the Missouri River to a point opposite and twenty-five miles east of
old Ft. Clarke: thence up the Missouri River to the place of beginning:
Provided. That the premises here named shall not be a harbor for Sioux or other
Indians when they are hostile to the tribes, parties to this treaty: but shall
be the duty of the United States to protect and defend those tribes in the
lawful occupation of their homes, and in the enjoyment of their civil rights, as
the white people are protected in theirs.
ARTICLE 2.
It is also agreed by the
three tribes aforesaid, now united in this treaty as aforesaid, that in
consideration of the premises named in the aforesaid treaty, and the further
consideration of the cession of lands at Snake River, in addition to the
payments by the United States of annuities there named to the Arickarees, there
shall be paid five thousand dollars to the Gros Ventres and Mandan tribes twenty
percent. Of their annuity may be expended for agriculture, mechanical, and other
purposes as specified in the latter clause of Article Seven of the aforesaid
treaty. And also out of the aforesaid annuity to the Gros Ventres there shall be
paid to the first, or the principle chief, the sum of two hundred dollars each,
annually, and to the six soldier chiefs, the sum of fifty dollars each,
annually. There shall also be paid to the head, or principle chief, of the
Mandans, out of the annuities of said tribe, the sum of two hundred dollars,
annually, and to each of the nine soldier chiefs the sum of fifty dollars,
annually. In testimony whereof the aforesaid commissioners on the part of the
United States, anti the chiefs and headmen of the aforementioned tribes of
Indians, have hereunto set their hands this twenty-seventh day of July, in the
year or our Lord one thousand eight hundred and sixty-six, after the contents
thereof had been previously read, interpreted, and explained to the chiefs and
headmen of the aforementioned tribes.
NEWTON EDMUNDS. [SEAL] S.
R. CURTIS. [SEAL] ORRIN GUERNSEY. [SEAL] HENRY W. REED. [SEAL]
Signatures of Arikarees:
White Shield, Head Chief, his x mark. Rushing Bear, Second chief, his x mark.
Wolf Necklace, Chief, his x mark. Bear on the Woods, Chief, his x mark.
Whistling Bear, Chief, his x mark. Iron Bear, Soldier C., his x mark. Black
trail, Second Chief, his x mark. The Two Bears, Chief, his x mark. The Yellow
Knife, Chief, his x mark. The Crow Chief, Chief, his x mark. Gros Ventres
Chiefs: Crows Breast, Head Chief, his x mark. Poor Wolf, Second Chief, his x
mark. Red Tail, his x mark. The' War Chief, His x mark. Short Tail Bull, His x
mark. One whose month rubbed with cherries, his x mark. The Yellow Shirt, his x
mark, Chief Soldiers: The Flying Crow, his x mark. The Many Antelope, his x
mark. One who eats no marrow, his x mark. Mandan Chiefs: The Red Cow, his x
mark. The Running Eagle, his x mark. The Big Turtle, his x mark. The Scabby
Wolf, his x mark. The Crazy Chief, his x mark. The Crow Chief, his x mark. Chief
Soldiers: One who strikes in the back, his x mark.
Signed by the commissioners
on the part of the United States, and by the chiefs and headmen after the treaty
had been fully read, interpreted and explained in our presence
Witnesses to the above
signatures: Chas. A. Reed, Secy. Of Commission. Mahlon Wilkinson, Agent. M. K.
Armstrong, Asst. Secy. Reuban S. Pike. U.S. interpreters: Charles Reader. C.F.
Picotte. Pierre Garreau, his x mark Charles Papin.
Source: Treaties & agreements of the
Indian Tribes of the Northern Plains. (1974). Washington,
D.C. : Institute for the development of Indian Law.
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