Articles of agreement and convention made and concluded at the city
of Washington this sixth day of May, one thousand eight hundred and
fifty-four, by George W. Manypenny, as commissioner on the part of the
United States, and the following-named delegates of the Delaware tribe
of Indians, viz: Sarcoxey; Ne-con-he-cond; Kock-ka-to-wha;
Qua-cor-now-ha, or James Segondyne; Ne-sha-pa-na-cumin, or Charles
Journeycake; Que-sha-to-wha, or John Ketchem; Pondoxy, or George
Bullet; Kock-kock-quas, or James Ketchem; Ah-lah-a-chick, or James
Conner, they being thereto duly authorized by said tribe. /A/ /B/
ARTICLE 1.
The Delaware tribe of Indians hereby cede, relinquish,
and quit-claim to the United States all their right, title, and
interest in and to their country lying west of the State of Missouri,
and situate in the fork of the Missouri and Kansas Rivers, which is
described in the article supplementary to the treaty of October third,
one thousand eight hundred and eighteen, concluded, in part, on the
twenty-fourth September, one thousand eight hundred and twenty-nine, at
Council Camp, on James' Fork of White River, in the State of Missouri;
and finally concluded at Council Camp, in the fork of the Kansas and
Missouri Rivers, on the nineteenth October, one thousand eight hundred
/C/ /D/
and twenty-nine; and also their right, title, and interest in and to
the "outlet" mentioned and described in said supplementary article,
excepting that portion of said country sold to the Wyandot tribe of
Indians, by instrument sanctioned by act of Congress approved July
twenty-fifth, one thousand eight hundred and forty-eight, and also
excepting that part of said country lying east and south of a line
beginning at a point on the line between the land of the Delawares and
the half-breed Kanzas, forty miles, in a direct line, west of the
boundary between the Delawares and Wyandots, thence north ten miles,
thence in an easterly course to a point on the south bank of Big Island
Creek, which shall also be on the bank of the Missouri River where the
usual high-water line of said creek intersects the high-water line of
said river. /E/ /F/
ARTICLE 2.
The United States hereby agree to have the ceded country
(excepting the said "outlet") surveyed, as soon as it can be
conveniently done, in the same manner that the public lands are
surveyed - - such survey to be commenced and prosecuted as the
President of the United States may deem best. And the President will,
so soon as the whole or any portion of said lands are surveyed, proceed
to offer such surveyed lands for sale, at public auction, in such
quantities as he may deem proper, being governed in all respects, in
conducting such sales, by the laws of the United States respecting the
sales of the public lands; and such of the lands as may not he sold at
the public sales, shall thereafter be subject to private entry, in the
same manner that private entries are made of United States lands; and
any, or all, of such lands as remain unsold, after being three years
subject to private entry, at the minimum Government price, may, by act
of Congress, be graduated and reduced in price, until all said lands
are sold; regard being had in said graduation and reduction to the
interests of the Delawares, and also to the speedy settlement of the
country. /G/
ARTICLE 3.
The United States agree to pay to the Delaware tribe of
Indians the sum of then thousand dollars; and, in consideration
thereof, the Delaware tribe of Indians hereby cede, release, and
quit-claim to the United States, the said tract of country hereinbefore
descrived as the "outlet." And as a further and full compensation for
the cession made by the first article, the United States agree to pay
to said tribe all the moneys received from the sales of the lands
provided to be surveyed in the preceding article, after deducting
therefrom the cost of surveying, managing, and selling the same. /H/
ARTICLE 4.
The Delaware Indians have now, by treaty stipulation,
the following permanent annuities, to wit: One thousand dollars per
fourth article of the treaty of third August, one thousand seven
hundred and ninety-five. Five hundred dollars, per third article of
the treaty of thirtieth of September, one thousand eight hundred and
nine. Four thousand dollars per fifth article of the treaty of the
third October, one thousand eight hundred and eighteen. One thousand
dollars per supplemental treaty of twenty-fourth September, one
thousand eight hundred and twenty-nine. One hundred dollars for salt
annuity, per third article of the treaty of June seventh, one thousand
eight hundred and three. Nine hundred and forty dollars, for
blacksmith annuity, per sixth article of the treaty of third October,
one thousand eight hundred and eighteen. All which several permanent
annuities they hereby relinquish and forever absolve the United States
from the further payment thereof; in consideration whereof the United
States agree to pay to them, under the direction of the President, the
sum of one hundred and forty-eight thousand dollars, as follows:
seventy-four thousand dollars in the month of October, one thousand
eight hundred and fifty-four, and seventy-four thousand dollars in the
month of October, one thousand eight hundred and fifty-five. The
object of converting the permanent annuities into these two payments
being to aid the Delawares in making improvements on their present /I/
farms, and opening new ones on the land reserved, building houses,
buying necessary household furniture, stock, and farming-utensils, and
such other articles as may be necessary to their comfort.
ARTICLE. 5.
It is agreed that the sum of forty-six thousand and
eighty dollars, being the value of the thirty-six sections of land set
apart for school purposes by the supplemental treaty of one thousand
eight hundred and twenty-nine, remain for the present at five per cent.
interest, as stipulated by the resolution of the Senate of the
nineteenth January, one thousand eight hundred and thirty-eight. /J/
ARTICLE 6.
The Delawares feel now, as heretofore, grateful to their
old chiefs for their long and faithful services. In former treaties,
when their means were scanty, they provided, by small life-annuities,
for the wants of these chiefs, some of whom are now receiving them.
These chiefs are poor, and the Delawares believe it their duty to keep
them from want in their old and declining age. It is the wish of the
Delawares, and hereby stipulated and agreed, that the sum of ten
thousand dollars, the amount provided in the third article as a
consideration for the "outlet," shall be paid to their five chiefs, to
wit: Captain Ketchem, Sarkoxey, Segondyne, Neconhecond, and
Kock-ka-to-wha, in equal shares of two thousand dollars each, to be
paid as follows: to each of said chiefs, annually, the sum of two
hundred and fifty dollars, until the whole sum is paid: Provided, That
if any one or more of said chiefs die before the whole or any part of
the sum is paid, the annual payments remaining to his share shall be
paid to his male children, and, in default of male heirs, then to the
legal representatives of such deceased chief or chiefs; and it is
understood that the small life-annuities stipulated for by former
treaties, shall be paid as directed by said treaties. /K/
ARTICLE 7.
It is expected that the amount of moneys arising from
the sales herein provided for will be greater than the Delawares will
need to meet their current wants; and as it is their duty, and their
desire also, to create a permanent fund for the benefit of the Delaware
people, it is agreed that all the money not necessary for the
reasonable wants of the people, shall from time to time be invested by
the President of the United States, in safe and profitable stocks, the
principal to remain unimpaired, and the interest to be applied annually
for the civilization, education, and religious culture of the Delaware
people, and such other objects of a beneficial character, as in his
judgment, are proper and necessary. /L/
ARTICLE 8.
As the annual receipts from the sales of the lands
cannot now be determined, it is agreed that the whole subject be
referred to the judgment of the President, who may, from time to time,
prescribe how much of the net proceeds of said sales shall be paid out
to the Delaware people, and the mode and manner of such payment, also
how much shall be invested, and in distributing the funds to the
people, due regard and encouragement shall be given to that portion of
the Delawares who are competent to manage their own affairs, and who
know and appreciate the value of money; but Congress may, at any time,
and from time to time, by law, make such rules and regulations in
relation to the funds arising from the sale of said lands, and the
application thereof for the benefit and improvement of the Delaware
people, as may in the wisdom of that body, seem just and proper. /M/
ARTICLE 9.
The debts of Indians, contracted in their private
dealings as individuals, whether to traders or otherwise, shall not be
paid from the general fund. /N/
ARTICLE 10.
The Delawares promise to renew their efforts to
suppress the introduction and the use of ardent spirits in their
country and among their people, and to encourage industry, integrity,
and virtue, so that every one may become civilized, and, as many now
are, competent to manage their business affairs; but should some of
them /O/
unfortunately continue to refuse to labor, and remain or become
dissipated and worthless, it shall be discretionary with the President
to give such direction to the portion of funds, from time to time, due
to such persons, as will prevent them from squandering the same, and
secure the benefit thereof to their families.
ARTICLE 11.
At any time hereafter, when the Delawares desire it,
and at their request and expense, the President may cause the country
reserved for their permanent home to be surveyed in the same manner as
the ceded country is surveyed, and may assign such portion to each
person or family as shall be designated by the principal men of the
tribe: Provided, Such assignment shall be uniform. /P/
ARTICLE 12.
In the settlement of the country adjacent to the
Delaware reservation, roads and highways will become necessary, and it
is agreed that all roads and highways laid out by authority of law,
shall have a right of way through the reserved lands, on the same terms
that the law provides for their location through the lands of citizens
of the United States; and railroad companies, when the lines of their
roads necessarily pass through the said reservation, shall have the
right of way, on payment of a just compensation therefor in money. /Q/
ARTICLE 13.
The Christian Indians live in the country herein ceded,
and have some improvements. They desire to remain where they are, and
the Delawares are willing, provided the Christian Indians can pay them
for the land. It is therefore agreed that there shall be confirmed by
patent to the said Christian Indians, subject to such restrictions as
Congress may provide, a quantity of land equal to four sections, to be
selected in a body from the surveyed lands, and to include their
present improvements: Provided, The said Christian Indians, or the
United States for them, pay to the Secretary of the Interior for the
use of the Delaware Indians, within one year from the date of the
ratification of this treaty, the sum of two dollars and fifty cents per
acre therefor: And provided further, That the provisions of article
twelve, in relation to roads, highways, and railroads, shall be
applicable to the land thus granted to the Christian Indians. /R/
ARTICLE 14.
The Delawares acknowledge their dependence on the
Government of the United States, and invoke its protection and care.
They desire to be protected from depredations and injuries of every
kind, and to live at peace with all the Indian tribes; and they
promise to abstain from war, and to commit no depredations on either
citizens or Indians; and if, unhappily, any difficulty should arise,
they will at all times, as far as they are able, comply with the law in
such cases made and provided, as they will expect to be protected and
their rights vindicated by it, when they are injured. /S/ /T/
ARTICLE 15.
A primary object of this instrument being to advance
the interests and welfare of the Delaware people, it is agreed, that if
it prove insufficient to effect these ends, from causes which cannot
now be foreseen, Congress may hereafter make such further provision, by
law, not inconsistent herewith, as experience may prove to be necessary
to promote the interests, peace, and happiness of the Delaware people.
/U/
ARTICLE 16.
It is agreed by the parties hereto, that the provisions
of the act of Congress, approved third of March, one thousand eight
hundred and seven, in relation to lands ceded to the United States,
shall, so far as applicable, be extended to the lands herein ceded.
/V/
ARTICLE 17.
It is further stipulated, that should the Senate of the
United States reject the thirteenth article hereof, such rejection
shall in no wise affect the validity of the other articles.
ARTICLE 18.
This instrument shall be obligatory on the contracting
parties as soon as the same shall be ratified by the President, and the
Senate, of the United States.
In testimony whereof the said George W. Manypenny, commissioner
as aforesaid, and the said delegates of the Delaware tribe of Indians,
have hereunto set their hands and seals, at the place and on the day
and year hereinbefore written.
George W. Manypenny, Commissioner. (L.S.)
Sarcoxey, his x mark. (L.S.)
Ne-con-he-cond, his x mark. (L.S.)
Kock-ka-to-wha, his x mark. (L.S.)
Qua-cor-now-ha, or James Segondyne, his x mark. (L.S.)
Ne-sha-pa-na-cumin, or Charles Journeycake. (L.S.)
Que-sha-to-wha, or John Ketchem, his x mark. (L.S.)
Pondoxy, or George Bullet, his x mark. (L.S.)
Kock-kock-quas, or James Ketchem. (L.S.)
Ah-lah-a-chick, or James Conner, his x mark. (L.S.)
Executed in the presence of:
Thos. Johnson.
Charles Calvert.
Douglas H. Cooper.
Wm. B. Waugh.
Henry Beard.
B. F. Robinson, Indian agent.
Henry Tiblow, United States interpreter.
A/ Ratified July 11, 1854.
B/ Proclaimed July 17, 1854.
C/ Cession to the United States.
D/ Ante, p. 170.
E/ Reservation.
F/ 1848, ch. 118.
G/ Disposition of ceded country.
H/ Payment to the Indians.
I/ Payment in lieu of annuities.
J/ The value of the School land to remain at interest as heretofore.
K/ Payment to chiefs.
L/ Investment of surplus from sales, and appropriation of the income.
M/ Same subject.
N/ Private debts not to be paid from the general fund.
O/ Ardent spirits.
P/ Divisions of lands reserved for a home.
Q/ Construction of roads.
R/ Provisions respecting the lands occupied by the Christian Indians.
S/ Conduct of the Indians.
T/ Submission to United States Government.
U/ Laws may be passed to carry out the objects of this treaty.
V/ Act of 1807, ch. 46, applicable to the ceded land.
