ARTICLE 11
In consideration of the advantages and benefits conferred by this treaty, and the many pledges of friendship by the United States, the tribes who are parties to this agreement hereby stipulate that they will relinquish all right to occupy permanently the territory outside of their reservation as herein defined, but they yet reserve the right to hunt on any lands south of the Arkansas so long as the buffalo may range thereon in such numbers as to justify the chase; and no white settlements shall be permitted on any part of the lands contained in the old reservation as defined by the treaty made between the United States and the Cheyenne, Arapahoe, and Apache tribes of Indians, at the mouth of the Little Arkansas, under date of October fourteenth, eighteen hundred and sixty-five, within three years from this date, and they, the said tribes, further expressly agree:
1st. That they will withdraw all opposition to the construction of the railroad now being built on the Smoky Hill River, whether it be built to Colorado or New Mexico. 2d. That they will permit the peaceable construction of any railroad not passing over their reservation, as herein defined. 3d. That they will not attack any persons at home or travelling, nor molest or disturb any wagon-trains, coaches, mules, or cattle belonging to the people of the United States or to persons friendly therewith. 4th. They will never capture or carry off from the settlements white women or children. 5th. They will never kill or scalp white men, nor attempt to do them harm. 6th. They withdraw all pretense of opposition to the construction of the railroad now being built along the Platte River, and westward to the Pacific Ocean; and they will not in future object to the construction of railroads, wagon-roads, mail-stations, or other works of utility or necessity, which may be ordered or permitted by the laws of the United States. But should such roads or other works be constructed on the lands of their reservation, the Government will pay the tribe whatever amount of damage may be assessed by three disinterested commissioners to be appointed by the President for that purpose, one of said commissioners to be a chief or head-man of the tribe. 7th. They agree to withdraw all opposition to the military posts or roads now established, or that may be established, not in violation of treaties heretofore made or hereafter to be made with any of the Indian tribes.
ARTICLE 12
No treaty for the cession of any portion or part of the reservation herein described, which may be held in common, shall be of any validity or force as against the said Indians unless executed and signed by at least three-fourths of all the adult male Indians occupying or interested in the same; and no cession by the tribe shall be understood or construed in such manner as to deprive without his consent any individual member of the tribe of his rights to any tract of land selected by him as provided in Article 6 of this treaty.
ARTICLE 13
The United States hereby agree to furnish annually to the Indians the physician, teachers, carpenter, miller, engineer, farmer, and blacksmiths, as herein contemplated, and that such appropriations shall be made from time to time, on the estimates of the Secretary of the Interior, as will be sufficient to employ such persons.
ARTICLE 14
It is agreed that the sum of five hundred dollars, annually, for three years from date, shall be expended in presents to the ten persons of said tribe who, in the judgment of the agent, may grow the most valuable crops for the respective year.
ARTICLE 15
The tribes herein named agree that when the agency-house and other buildings shall be constructed on the reservation named, they will regard and make said reservation their permanent home, and they will make no permanent settlement elsewhere, but they shall have the right, subject to the conditions and modifications of this treaty, to hunt on the lands south of the Arkansas River, formerly called theirs, in the same manner as agreed on by the treaty of the “Little Arkansas,” concluded the fourteenth day of October, eighteen hundred and sixty-five.
In testimony of which, we have hereunto set our hands and seals, on the day and year aforesaid.
N. G. Taylor, [SEAL.] President of Indn. Commission.
Wm. S. Harney, [SEAL.] Major-General, Brevet, &c.
C. C. Augur, [SEAL.] Brevet Major-General.
Alfred H. Terry, [SEAL.] Brevet Major-General.
John B. Sanborn, [SEAL.] Commissioner.
Samuel F. Tappan. [SEAL.]
J. B. Henderson. [SEAL.]
Attest:Ashton S. H. White, secretary.
Geo. B. Willis, phonographer.
On the part of the Cheyennes:
O-to-ah-nac-co, Bull Bear, his x mark, [SEAL.]
Moke-tav-a-to, Black Kettle, his x mark, [SEAL.]
Nac-co-hah-ket, Little Bear, his x mark, [SEAL.]
Mo-a-vo-va-ast, Spotted Elk, his x mark, [SEAL.]
Is-se-von-ne-ve, Buffalo Chief, his x mark, [SEAL.]
Vip-po-nah, Slim Face, his x mark, [SEAL.]
Wo-pah-ah, Gray Head, his x mark, [SEAL.]
O-ni-hah-ket, Little Rock, his x mark, [SEAL.]
Ma-mo-ki, or Curly Hair, his x mark, [SEAL.]
O-to-ah-has-tis, Tall Bull, his x mark, [SEAL.]
Wo-po-ham, or White Horse, his x mark, [SEAL.]
Hah-ket-home-mah, Little Robe, his x mark, [SEAL.]
Min-nin-ne-wah, Whirlwind, his x mark, [SEAL.]
Mo-yan-histe-histow, Heap of Birds, his x mark, [SEAL.]
On the part of the Arapahoes:
Little Raven, his x mark, [SEAL.]
Yellow Bear, his x mark, [SEAL.]
Storm, his x mark, [SEAL.]
White Rabbit, his x mark, [SEAL.]
Spotted Wolf, his x mark, [SEAL.]
Little Big Mouth, his x mark, [SEAL.]
Young Colt, his x mark, [SEAL.]
Tall Bear, his x mark, [SEAL.]
Attest:
C. W. Whitaker, interpreter.
H. Douglas, major, Third Infantry.
Jno. D. Howland, clerk Indian Commission.
Sam’l. S. Smoot, United States surveyor.
A. A. Taylor.
Henry Stanley, correspondent.
John S. Smith, United States interpreter.
George Bent, interpreter.
Thos. Murphy, superintendent Indian affairs.
{ NOTES }
Abbreviations
ARCIA
Annual Reports of the Commissioner of Indian Affairs for the years 1824–1920. Washington, D.C.: Government Printing Office
ASPIA
American State Papers: Documents, Legislative and Executive, of the Congress of the United States. Class II: Indian Affairs. Selected and edited by Walter Lowrie and Matthew St. Clair Clarke. 2 vols. Washington: Gales and Seaton, 1832.
DRCHNY
Edmund B. O’ Callaghan, ed. Documents Relating to the Colonial History of the State of New York. 15 vols. Albany, N.Y.: Weed, Parsons, and Co., 1853–57.
EAID
Alden T. Vaughan, gen. ed. Early American Indian Documents: Treaties and Laws, 1607–1789. 20 vols. Bethesda, Md.: University Publications of America, 1979–2004.* See below for individual volumes.
IALT
Charles J. Kappler, comp. Indian Affairs: Laws and Treaties. Vol. 2: Treaties. Washington, D.C.: Government Printing Office, 1904.
LROAG
National Archives, Letters Received by the Office of the Adjutant General (Main Series), 1861–70. Microfilm M619.
LROIA
National Archives, RG 75, Letters Received by the Office of Indian Affairs, 1824–81, Microfilm M234.
NASPIA
The New American State Papers: Indian Affairs, 1789–1860. 13 vols. Wilmington, Del.: Scholarly Resources, 1972.
RG 48, 665
National Archives, RG 48: Records of the Secretary of the Interior, Entry 665, 2 vols.
Ross Papers
Gary E. Moulton, ed. The Papers of Chief John Ross. 2 vols. Norman: University of Oklahoma Press, 1985.
WJP
James Sullivan et al., eds. The Papers of Sir William Johnson. 14 vols. Albany: University of the State of New Y
ork, 1921–65.
EAID volumes cited:
1. Donald H. Kent, ed. Pennsylvania and Delaware Treaties, 1629–1737.
2. Donald H. Kent, ed. Pennsylvania Treaties, 1737–1756.
3. Alison Duncan Hirsch, ed. Pennsylvania Treaties, 1756–1775.
4. W. Stitt Robinson, ed. Virginia Treaties, 1607–1722.
5. W. Stitt Robinson, ed. Virginia Treaties, 1723–1775.
6. W. Stitt Robinson, ed. Maryland Treaties, 1632–1775.
9. Barbara Graymont, ed. New York and New Jersey Treaties, 1714–1753.
10. Barbara Graymont, ed. New York and New Jersey Treaties, 1754–1775.
12. John T. Juricek, ed. Georgia and Florida Treaties, 1763–1776.
13. W. Stitt Robinson, ed. North and South Carolina Treaties, 1654–1756.
14. W. Stitt Robinson, ed. North and South Carolina Treaties, 1756–1775.
17. Alden T. Vaughan and Deborah A. Rosen, eds. New England and Middle Atlantic Laws.
18. Colin G. Calloway, ed. Revolution and Confederation.
19. Daniel R. Mandell, ed. New England Treaties, Southeast, 1524–1761.
20. Daniel R. Mandell, ed. New England Treaties, North and West, 1650–1776.
Acknowledgments and a Note on Terminology
1. Taiaiake Alfred, Peace, Power, Righteousness: An Indigenous Manifesto (New York: Oxford University Press, 1999), xxv–vi, 67–69.
Introduction
1. DRCHNY, 4: 337.
2. A. M. Drummond and Richard Moody, “Indian Treaties: The First American Dramas,” Quarterly Journal of Speech 39 (February 1953), 15–24.
3. Gilles Havard, The Great Peace of Montreal in 1701: French-Native Diplomacy in the Seventeenth Century (Montreal: McGill-Queens University Press, 2001); Alain Beaulieu and Roland Viau, The Great Peace: Chronicle of a Diplomatic Saga (Ottawa: Canadian Museum of Civilization, 2001); Timothy J. Shannon, Iroquois Diplomacy on the Early American Frontier (New York: Penguin, 2008), 50–62; J. A. Brandão and William A. Starna, “The Treaties of 1701: A Triumph of Iroquois Diplomacy,” Ethnohistory 43 (Spring 1996), 209–44. Jon Parmenter, The Edge of the Woods: Iroquoia, 1534–1701 (East Lansing: Michigan State University Press, 2010), ch. 6, downplays the crisis confronting the Iroquois and emphasizes their achievement at the peace settlement in making Iroquoia a crucial central space between neighboring Native nations and settler colonies.
4. Georgiana C. Nammack, Fraud, Politics, and the Dispossession of the Indians: The Iroquois Land Frontier in the Colonial Period (Norman: University of Oklahoma Press, 1969); Paul VanDevelder, Savages and Scoundrels: The Untold Story of America’s Road to Empire through Indian Territory (New Haven: Yale University Press, 2009); Minutes of Debates in Council on the banks of the Ottawa River, November 1791 Said to be held there by the Chiefs of the several Indian Nations, who defeated the Army of the United States, on the 4th of that Month (Philadelphia: William Young, 1792), 11.
5. Scott Richard Lyons, X-Marks: Native Signatures of Assent (Minneapolis: University of Minnesota Press, 2010), 1.
6. Walter R. Echo-Hawk, In the Courts of the Conqueror: The 10 Worst Indian Law Cases Ever Decided (Golden, Colo.: Fulcrum, 2010).
7. Robert A. Williams, Jr., The American Indian in Western Legal Thought: The Discourses of Conquest (New York: Oxford University Press, 1990), 326–27; Taiaiake Alfred, Peace, Power, Righteousness: An Indigenous Manifesto (New York: Oxford University Press, 1999), 49.
8. Patricia Seed, Ceremonies of Possession in Europe’s Conquest of the New World, 1492–1640 (Cambridge: Cambridge University Press, 1995).
9. Colin G. Calloway, One Vast Winter Count: The Native American West before Lewis and Clark (Lincoln: University of Nebraska Press, 2003), 244–45. On the limitations of this and other such French rituals for understanding, let alone controlling, a mobile web of kinship ties and shifting identities, see Michael Witgen, “The Rituals of Possession: Native Identity and the Invention of Empire in Seventeenth-Century Western North America,” Ethnohistory 45 (Fall 2007), 639–68.
10. Williams, The American Indian in Western Legal Thought; Robert J. Miller, Jacinta Ruru, Larissa Behrendt, and Tracey Lindberg, eds., Discovering Indigenous Lands: The Doctrine of Discovery in the English Colonies (New York: Oxford University Press, 2010) examine the application of the doctrine in the United States, Canada, Australia, and New Zealand.
11. Blake A. Watson, Buying America from the Indians: Johnson v. McIntosh and the History of Native Land Rights (Norman: University of Oklahoma Press, 2012), Williams quote at 11; Stuart Banner, How the Indians Lost Their Land: Law and Power on the Frontier (Cambridge, Mass.: Harvard University Press, 2005), ch. 3.
12. Watson, Buying America from the Indians; Robert J. Miller, Native America, Discovered and Conquered: Thomas Jefferson, Lewis and Clark, and Manifest Destiny (Westport, Conn.: Praeger, 2006); Lindsay J. Robertson, Conquest by Law: How the Discovery of America Dispossessed Indigenous Peoples of Their Lands (New York: Oxford University Press, 2005); Banner, How the Indians Lost Their Land, ch. 5; Williams, American Indian in Western Legal Thought, 325 (“perfect instrument”); Patrick Wolfe, “Against the Intentional Fallacy: Logocentrism and Continuity in the Rhetoric of Indian Dispossession,” American Indian Culture and Research Journal 36 (2012), 9–12.
13. Colin G. Calloway, Gerd Gemünden, and Suzanne Zantop, eds., Germans and Indians: Fantasies, Encounters, Projections (Lincoln: University of Nebraska Press, 2002), 57–58; Vine Deloria, Jr., and Raymond J. DeMallie, eds., Documents of American Indian Diplomacy: Treaties, Agreements, and Conventions, 1775–1979, 2 vols. (Norman: University of Oklahoma Press, 1999), 2: 1493–94.
14. John R. Wunder, “‘That No Thorn Will Pierce Our Friendship’: The Ute-Comanche Treaty of 1786,” Western Historical Quarterly 42 (Spring 2011), 5–27.
15. Susan Kalter, ed., Benjamin Franklin, Pennsylvania, and the First Nations: The Treaties of 1736–62 (Urbana: University of Illinois Press, 2006).
16. For colonial treaties: EAID; Robert Clinton, Kevin Gover, and Rebecca Tsosie, eds., introduction, Colonial and American Indian Treaties: A Collection (Arizona State University College of Law, 2004); for US treaties, IALT, also online at http://digital.library.ok.state.edu/kappler/vol2/toc.htm; and the more complete Deloria and DeMallie, eds., Documents of American Indian Diplomacy; http://early treaties.unl.edu/index.html.
17. Among these are Donald E. Worcester, ed., Forked Tongues and Broken Treaties (Caldwell, Idaho: Caxton Printers, 1975); Rupert Costo and Jeanette Henry, Indian Treaties: Two Centuries of Dishonor (San Francisco: Indian Historian Press, 1977); Dorothy V. Jones, License for Empire: Colonialism by Treaty in Early America (Chicago: University of Chicago Press, 1982); Francis Paul Prucha, American Indian Treaties: The History of a Political Anomaly (Berkeley: University of California Press, 1994); Robert A. Williams, Linking Arms Together: American Indian Treaty Visions of Law and Peace, 1600–1800 (New York: Oxford University Press, 1997); Jill St. Germain, Indian Treaty-Making Policy in the United States and Canada, 1867–1877 (Lincoln: University of Nebraska Press, 2001); Stan Hoig, White Man’s Paper Trail: Grand Councils and Treaty Making on the Central Plains (Boulder: University Press of Colorado, 2006).
18. Raymond J. DeMallie, “Touching the Pen: Plains Indian Treaty Councils in Ethnohistorical Perspective,” in Ethnicity on the Great Plains, ed. Frederick C. Luebke (Lincoln: University of Nebraska Press, 1980), 38–53; Williams, Linking Arms Together.
19. A Journey from Pennsylvania to Onondaga in 1743 by John Bartram, Lewis Evans, and Conrad Weiser (Barre, Mass.: Imprint Society, 1973), 90.
20. For example, see Benjamin Ramirez-Shkwegnaabi, “The Dynamics of American Indian Diplomacy in the Great Lakes Region,” American Indian Culture and Research Journal 27, no. 4 (2003), 53–77.
21. Lawrence C. Wroth, “The Indian Treaty as Literature,” Yale Review 17 (1928), 749–50, 766.
22. James H. Merrell, Into the American Woods: Negotiators on the Pennsylvania Frontier (New York: W. W. Norton, 1
999), 254.
23. Anishnabek News 24, no. 6 (July–August 2012), 2; Chief Irving Powless, Jr., “Treaty Making,” in Treaty of Canandaigua 1794: 200 Years of Treaty Relations between the Iroquois Confederacy and the United States, ed. G. Peter Jemison and Anna M. Schein (Santa Fe: Clear Light Publishers, 2000), 31.
24. Cf. J. R. Miller, Compact, Contract, Covenant: Aboriginal Treaty-Making in Canada (Toronto: University of Toronto Press, 2009), 5.
Chapter 1
1. WJP, 6: 400.
2. On the marking and meanings of indigenous boundaries, see Kathleen DuVal, The Native Ground: Indians and Colonists in the Heart of the Continent (Philadelphia: University of Pennsylvania Press, 2006), 28; Julianna Barr, “Geographies of Power: Mapping Indian Borders in the ‘Borderlands’ of the Early Southwest,” William and Mary Quarterly, 3rd ser., 68 (January 2011), 5–46; Patricia Albers and Jeanne Kay, “Sharing the Land: A Study in American Indian Territoriality,” in A Cultural Geography of North American Indians, ed. Tyrel G. Moore and Thomas E. Ross, (Boulder, Colo: Westview Press, 1987), 47–91.
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