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 Edited By: Angelic Saulsberry
Art Work
Courtesy of Louis F. Burns
TREATY WITH THE OSAGE, 1808
Articles of a
treaty made and concluded at Fort Clark, on the right bank of the
Missouri, 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 hundred and eight, between Peter Chouteau, Esquire, agent
for the Osage, and specially commissioned and instructed to enter into
the same by his Excellency 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 Osages, for themselves and their nations respectively,
on the other part.
A FORT TO BE BUILT.
Art. 1. 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 it 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 this place, and who do strictly conform to,
and pursue the counsels or admonitions of the President of the United
States through their subordinate officers.
A STORE OF GOODS TO BE KEPT AT THE FORT.
Art. 2 The
United States being also anxious that the Great and Little Osage,
residents as aforesaid, should be regularly supplied with every species
of merchandise, which their comfort may 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.
A BLACKSMITH, ETC. TO BE FURNISHED BY THE UNITED STATES.
Art. 3 The
United States agree to furnish at this place, for the use of the Osage
nations, a blacksmith, and tools to mend their arms and utensils of
husbandry, and engage to build them a horse mill or water mill; also to
furnish them with plows, and to build for the great chief of the Great
Osage, and for the great chief of the Little Osage, a strong block house
in each of their towns, which are established near this fort.
PROPERTY STOLEN BY THE OSAGES BEFORE THE ACQUISITION OF LOUISIANA TO BE
PAID FOR BY THE UNITED STATES.
Art. 4 With
a view to quiet the animosities which at present exist between the
inhabitants of the territory of Louisiana, and the Osage nations, in
consequence of the lawless depredations of the latter, the United States
do further agree to pay to 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.
MERCHANDISE TO BE DELIVERED.
Art. 5 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 promise 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 or value of five hundred dollars, reckoning 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.
MONEY PAID.
And in
addition to the merchandise aforesaid, the United States have, at and
before the signature of these articles, paid to the Great Osage nation,
the sum of eight hundred dollars, and to the Little Osage nation the sum
of four hundred dollars.
BOUNDARY LINE ESTABLISHED.
Art. 6 And
in consideration of the advantages which we derive from the stipulations
contained in the foregoing articles we, the chiefs and warriors of the
Great and Little Osage, for ourselves and our nations respectively,
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 due south course to the river Arkansas, and down same
to the Mississippi; hereby ceding and relinquishing forever to the
United States, all the lands which lie east of the said line, and north
of the southwardly bank of the said river Arkansas, and all lands
situated northwardly 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 a manner as the
President of the United States shall think proper.
LINES TO BE RUN BY UNITED STATES.
Art. 7 And
it is mutually agreed by the contracting parties that the boundary lines
hereby established shall be run and marked at the expense of the United
States, as soon as circumstances or their convenience will permit; and
the Great and Little Osage promise to put two chiefs from each of their
respective nations, to accompany the commissioner, or commissioners who
may be appointed on the part of the United States, to settle and adjust
the said boundary line.
HUNTING GROUND.
Art. 8 And
the United States agree that such of the Great and Little Osage Indians
as may think proper to put themselves under protection of Fort Clark,
and who observe the stipulations of this treaty with good faith, shall
be permitted to live and to 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 raided; provided,
the same be not the hunting grounds 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 settlements,
until the United States may think proper to assign the same as hunting
grounds to other friendly Indians.
INJURIES, HOW TO BE PREVENTED AND PUNISHED.
Art. 9 Lest
the friendship which is now established between the United States and
the said Indian nations should be interrupted by the misconduct of
individuals, it is hereby agreed that for injuries done by individuals,
no private revenue or retaliation shall take place, but instead thereof
complaint 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 complaint being made as
aforesaid, to deliver up the person or persons against whom 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 manner, if any robbery, violence or murder shall be committed on
any Indian or Indians belonging to either of said nations, the person or
persons so 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 authorized 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 nation,
or either of them, the Superintendent, or other proper officer, may
deduct from the annuity of the said nations respectively a sum equal to
the value of the property which has been stolen.
And the
United States hereby guarantees 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 property so stolen cannot be recovered, and that
sufficient proof is produced 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.
OSAGES RECEIVED INTO PROTECTION OF THE UNITED STATES.
Art. 10 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 whatever, disclaiming all right to cede, sell or in any
manner transfer their lands to any foreign power, or to citizens of the
United States or inhabitants of Louisiana, unless duly authorized by
the President of the United States to make said purchase or accept the
said cession on behalf of the government.
PROTECTION OF THE INDIAN HUNTING GROUNDS.
Art. 11 And
if any person or persons, for hunting or other purpose, shall pass over
the boundary lines, as established by this treaty, into the country
reserved for the Great and Little Osage nations, without the license of
the superintendent or other proper officer, of the Great or Little
Osage, or either of them, they 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 according to law.
OSAGES WILL NOT SUPPLY ARMS TO INDIANS NOT IN AMITY WITH THE UNITED
STATES.
Art. 12 And
the chiefs and warriors as aforesaid promise and agree that neither the
Great and Little Osage nation will ever, by sale, exchange or as
presents supply any nation or tribe of Indians, not in amity with the
United States, with guns, ammunition, or other implements of war.
TREATY, WHEN TO TAKE EFFECT.
Art. 13
This treaty shall take effect and be obligatory on the contracting
parties as soon as the same shall have been ratified by the President
and by and with the consent of the Senate of the United States.
In testimony
whereof, the said Peter Chouteau, commissioned and instructed as
aforesaid, and the chiefs and warriors of the Great and Little Osage
nation of Indians, have hereunto set their hands and affixed their
seals.
Done at Fort
Clark the day above mentioned.
P. Chouteau. (L S.)
E.B. Clemson, Captain
First Regiment Infantry. (L. S.)
L. Lorimer, Lieutenant
First Regiment Infantry. (L. S.)
Reazen Lewis, Sub-Agent
Indian Affairs. (L. S.)
Pawhuska, the Grand Chief
of the Big Osage, his x mark. (L. S.)
Michu Malli, the Grand
Chief of the Little Osage, his x mark. (L. S.)
Voi Nache, the Little
Chief of the Little Osage, his x mark. (L .S.)
Voithe Voihe, the Second
Chief of the Little Osage, his x mark. (L. S.)
Voithe Chinga, the Second
Chief of the Little Osage, his x mark. (L. S.)
Ta Voingare, the Little
Chief of the Big Osage, his x mark. (L. S.)
Osogahe, the Little Chief
of the Little Osage, his x mark. (L. S.)
Voichinodhe, the Little
Chief of the Big Osage, his x mark. (L. S.)
And others.
We, the
undersigned chiefs and warriors of the band of Osages, residing 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 Excellency
Meriwether Lewis, Esquire, do hereby acknowledge, consent to and confirm
all the stipulations therein contained, as full and as completely as
though we had been personally present at the signing, sealing and
delivering the same on the 10th day of November, 1808, the
same being the day on which the said treaty was signed, sealed and
delivered, as will appear by a reference thereto.
In witness
whereof, we have, for ourselves and our band 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 independence of the United States the thirty fourth.
GRESDEMANSU, or GRA, MOI.
Head Chief
CONCHESECIGRES, or BIG
TRACT. Second Chief
In the
presence of
JOHN C.
COMEGYS
GEORGE MAN
JOHN W.HONEY
SAM'L LATANOW
JOHN GATES,
Interpreter
NOEL MONGRAIN
MARQUES, Indian Interpreter
BAZIL NASSIER
MONGRAIN, Indian Interpreter
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