Jackson County, Missouri - Chapter 2: Indian Treaty of 1808, 1920

Chapter 2: Indian Treaty of 1808

IN'I>IAX TKKUITORIAI. Cl.AlMS - KELIXQUISHKI) BY TREATY NOV. 10, 1908 - TERRI¬ TORY EAST OF FORT CEARK - TEXT OF ORIGINAL DOCUMENT - PETER CHAUTEAU, COMMISSIONER - SIGNED BY CHIEFS AND WARRIORS OF GREAT AND LITTLE OSAGE NATIONS.

Some facetious writer has said that the first thing the Pilgrim Fathers did when they landed from the Mayflower was to fall upon their knees, the next thing was to fall upon the "Aboriginees". The Osage Indians laid claim to all that part west of the Mississippi River and north of the Arkansas River. The government, wishing to maintain friendly relations with them entered into a solemn treaty with them, in which they relin¬ quished their claim to all the land lying east of a line beginning at Fort Clark and running south to the Arkansas River, down said river to the Mississippi, up the same to the mouth of the Missouri River, up same to the beginning. That line embraced a strip of land three miles wide on the eastern side of Jackson County.

Treaty With The Osages, 1808, November 10

Articles of a treaty made and concluded on the right bank of the Mis¬ souri, about five miles above Fire Prairie in the territory of Louisiana, the tenth day of November in the year of our Lord One Thousand Eight Hun¬ dred and Eight, between Peter Chauteau, esquire, agent for the Osage, and specially commissioned and instructed to enter into same by his excel¬ lency Meriwether Lewis, Governor and Superintendent of Indian affairs for the territory aforesaid, in behalf of the United States of America, of the one part, and the chiefs and warriors of the Great and Little Osage, for themselves and their nations, respectively on the other part.

Article

The United States being anxious to promote peace, friendship and intercourse with the Osage tribes, to afford them every assistance in their power and to protect them from the insults and injuries of other tribes of Indians, situated near the settlements of the white people, have thought proper to build a fort on the right bank of the Missouri, a few miles above the Fire Prairie, and do agree to garrison the same with as many regular troops as the President of the United States may, from time to time, deem necessary for the protection of all orderly, friendly and well disposed Indians of the Great and little Osage nations, who reside at their place, and who do strictly conform and pursue the counsels or administra¬ tions of the President of the United States through his subordinate officers.

Article Ii

The United States being also anxious that the Great and Little Osage, resident as aforesaid, should be regularly supplied with every species of merchandise, which their comfort hereafter require, do engage to establish at this place, and permanently to continue at all seasons of the year, a well assorted store of goods, for the purpose of bartering with them, on moderate terms, for their peltries and furs.

Article Iii

The United States agree to furnish at this place, for the use of the Osage nations, a blacksmith shop and tools to mend their arms and uten¬ sils of husbandry and engage to build them a horse-mill or water-mill; also to furnish them with ploughs and to build for the great chief of the

Article Iv

With a view to quiet the animosities which, at the present exist between the inhabitants of the territory of Louisiana and the Osage nations, m consequence of the lawless depredations of the latter, the United States do further agree to pay their own citizens, the full value of such property as they can legally prove to have been stolen or destroyed by the said Osage, since the acquisition of Louisiana, by the United States provided the same does not exceed the sum of five thousand dollars.

In consideration of the lands relinquished by the Great and Little Osage, to the United States as stipulated in the sixth article of this treaty, the United States promises to deliver at Fire Prairie, or at St. Louis yearly, to the Great Osage nation, merchandise to the amount or value of One Thousand Dollars, and to the Little Osage nation, merchandise to the amount of value of Five Hundred Dollars, the value of said merchandise at the first cost thereof, in the city or place in the United States, where the same shall have been procured.

And in addition to the merchandise aforesaid, the United States have and before the signature of these articles, paid to the Great Osage nation the sum of Eight Hundred Dollars and to the Little Osage nations, the sum of Four Hundred Dollars.

Article Vi

And in consideration of the advantages which we derive from the stipulations contained in the foregoing articles, we, the chiefs and war¬ riors of the Great and Little Osage, for ourselves and our nations respec¬ tively, covenant and agree with the United States, that the boundary line between our nations and the United States shall be as follows, to-wit :

Beginning at Fort Clark on the Missouri, five miles above Fire Prairie and running thence a due South course to the river Arkansas, and down the same to the Mississippi, thereby ceding and relinquishing for ever to the United States all the lands which lie East of said line and North of the southwardly banks of the said river Arkansas, and all lands situated north¬ wardly of the river Missouri. And we do further cede and relinquish to the United States forever, a tract of two leagues square, to embrace Fort Clark, and to be laid off in such manner as the President of the United States shall think proper.

Article Vii

And it is mutually agreed by the contracting parties, that the bound¬ ary lines hereby established, shall be run and marked at the expense of the United States, as soon as circumstances or their convenience will per¬ mit, and the Great and Little Osage promise to depute two chiefs from each of their respective nations, to accompany the commissioner or commis¬ sioners who may be appointed on the part of the United States to settle and adjust the said boundary line.

Article Viii

And the United States agree that such of the Great and Little Osage Indians, as may think proper to put themselves under the protection of Fort Clark, and who observe the stipulations of this treaty, with good faith, shall be permitted to live and hunt, without molestation on all that tract of country, west of the north and south boundary line on which they, the said Great and Little Osage, have usually hunted, or resided ; Provided, the same be not the hunting ground of any nation or tribe of Indians in amity with the United States ; and on any other lands within the territory of Louisiana, without the limits of the white settlement, until the United States may think proper to assign the same as hunting ground to other friendly Indians.

Article Ix

Lest the friendship which is now established between the United States and the said Indian Nations should be interrupted by the miscon¬ duct of individuals, it is hereby agreed that for injuries done by individ¬ uals, no private revenge or retaliation shall take place, but instead thereof complaints shall be made by the party injured to the other, by the said nations, or either of them to the superintendent or other person appointed by the President to the chiefs of the said nation ; and it shall be the duty of the said chiefs, upon complaints being made, as aforesaid, to deliver up the person or persons, against whom the complaint is made to the end that he or they may be punished agreeably to the laws of the State or territory, where the offense may have been committed ; and in like man¬ ner, if the robbery violence or murder shall be committed on any Indian or Indians, belonging to either of said nations, the person or persons offending shall be tried, and, if found guilty, shall be punished in like manner as if the injury had been done to a white man. And it is agreed that the chiefs of the Great and Little Osage shall to the utmost of their power, exert themselves to recover horses or other property which may be stolen from any citizen or citizens of the United States, by any individual or individuals, of either of their nations ; and the property so recovered, shall be forthwith delivered to the superintendent or other person author¬ ized to receive it, that it may be restored to the proper owner ; and in cases where the exertions of the chiefs shall be ineffectual, in recovering the property stolen, as aforesaid, if sufficient proof can be adduced, that such property was actually stolen, by any Indian, or Indians, belonging to the said nations, or either of them the superintendent, or other proper officer, may deduct from the annunity of the said nations respectively, a sum equal to the value of the property which has been stolen. And the United States hereby guarantee to any Indian or Indians of the said nations respectively, a full indemnification for any horses, or other property, which may have been stolen from them by any of their citizens ; Provided, that the prop¬ erty so stolen can not be recovered, and that sufficient proof was provided that it was actually stolen by a citizen of the United States, and the said nations of the Great and Little Osage engage on the requisition or demand of the President of the United States, or of the superintendent to deliver up any white man resident among them.

The United States receive the Great and Little Osage Nations into their friendship and under their protection ; and the said nations, on their part, declare that they will consider themselves under the protection of no other power, whatsoever ; disclaiming all right to cede, sell or in any man¬ ner transfer their lands to any foreign power, or to citizens of the United States or inhabitants of Louisiana, unless duly authorized, by the Presi¬ dent of the United States to make the said purchase, or accept the said purchase or accept the said cession on behalf of the government.

Article Xi

And if any person or persons, for hunting or other purposes shall pass over the boundary line as established by this treaty, into the country re¬ served for the Great and Little Osage nations, without license of the super¬ intendent, or other proper officer, they, the said Great and Little Osage, or either of them, shall be at liberty to apprehend such unlicensed hunters, or other persons, and surrender them together with their property, but without other injury, insult or molestation to the superintendent of Indian affairs, or to the agent nearest the place of arrest, to be dealt with accord¬ ing to law.

Article Xii

And the chiefs and warriors, as aforesaid, promise and engage that neither the Great nor Little Osage nations will ever, by sale, exchange or

Article Xiii

This treaty shall take effect and be obligatory on the contracting par¬ ties, as soon as the same shall have been ratified by the President by and with the advice of the Senate of the United States.

IN TESTIMONY WHEREOF, the said Peter Chauteau, commis¬ sioned and instructed as aforesaid and the chiefs and the warriors of the Great and Little Osage nations of Indians, have hereunto set their hand and affixed their seals.

E. B. Clemenson, Captain, First Regiment Infantry L. Lorimer, Lieutenant, First Regiment Infantry Reazen Lewis, Sub-agent Indian affairs Papuisea, the Grand Chief of the Big Osage, his X mark Nichu Malli, the grand chief of the Little Osage, his X mark Voithe Vaihe, the second chief of the Big Osage, his X mark Voithe Chinga, the second chief of the Little Osage, his X mark Ta Voingare, the little chief of the Big Osage, his X mark Osa he, the little chief of the Little Osage, his X mark Vichinodhe, the little chief of the Big Osage, his X mark Vio Nache, the little chief of the Little Osage, his X mark Voi Nonpache, the little chief of the Big Osage, his X mark Quihi Ramaki, the little chief of the Little Osage, his X mark Voi Nache, the little chief of the Big Osage, his X mark Paula Voitasuga, the little chief of the Little Osage, his X mark Caygache, the little chief of the Big Osage, his X mark Pahevrogussi, the little chief of the Little Osage, his X mark Miaasa, the little chief of the Big Osage, his X mark Mangaguida, the little chief of the Little Osage, his X mark Mautsa, the little chief of the Big Osage, his X mark Nicagaris, the little chief of the Little Osage, his X mark Dogachinga, the little chief of the Big Osage, his X mark Taraingare, the little chief of the Little Osage, his X mark Nagu^mari, the war chief of the Big Osage, his X mark

We, the undersigned chiefs and warriors of the band of the Osage, re¬ siding on the river Arkansas, being part of the Great Osage nation, having this day had the foregoing treaty read and explained to us, by his excel¬ lency, Meriwether Lewis, esquire, do hereby acknowledge, consent to and confirm all the stipulations therein contained, as fully and as completely as though we had been personally present at the signing, sealing and deliv¬ ering the same on the 10th day of November, A. D. 1908, the same being the day on which the said treaty was signed, sealed and delivered, as will appear bv a reference thereto.

IN WITNESS WHEREOF, we have for ourselves, and our hand of the Great Osage nation, residing on the river Arkansas, hereunto set our hands and affixed our seals.

Done at St. Louis in the territory of Louisiana this 31st day of August, in the year of our Lord one thousand eight hundred and nine, and of the

It will be seen by the terms of the treaty a tract of two leagues (six miles square) was ceded as a reservation for the use of the men and ani¬ mals used in the government service. The land embraced within the limits of the reservation was designated as the "Six Mile Country," and is known by that name to the old settlers and their families to this day. There is no available record at hand as to when the Government first commenced surveying the lands of Missouri. The first land surveyed in this country was township 49, range 29. That is the township in which Oak Grove is situated and extends one mile east, two miles west and six miles north.