Treaty of 1868
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ANDREW JOHNSON,
PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL COME, GREETING:
Whereas a treaty was made and concluded
at Fort Bridger, in the Territory of Utah, on the third day of
July, in the year of our Lord one thousand eight hundred and sixty
eight, by and between Nathaniel G. Taylor, William T. Sherman,
William S. Harney, John B. Sanborn, S. F. Tappan, C. C. Augur,
and Alfred H. Terry, commissioners, on the part of the United
States, and Wash-a-kie, Wau-ni-pitz, and other chiefs and headmen
of the Eastern Band of Shoshonee Indians, and Tag-gee, Tay-to-ba,
and other chiefs and headmen of the Bannack tribe of Indians,
on the part of said band and tribe of Indians respectively, and
duly authorized thereto by them, which treaty is in the words
and figures following, to wit:
Articles of a Treaty with the Shoshonee
(Eastern Band) and Bannack Tribes of Indians, made the third Day
of July, 1868, at Fort Bridger, Utah Territory.
Articles of a treaty made and concluded
at Fort Bridger, Utah Territory, on the third day of July, in
the year of our Lord one thousand eight hundred and sixty eight,
by and between the undersigned commissioners on the part of the
United States, and the chiefs and headmen of and representing
the Shoshonee (eastern band) and Bannack Tribes of Indians, they
being duly authorized to act in the premises:
ARTICLE I. From this day forward, peace
between the parties to this treaty shall forever continue. The
government of the United States desires peace, and its honor is
hereby pledged to keep it. The Indians desire peace, and they
hereby pledge their honor to maintain it.
If bad men among the whites, or among other
people subject to the authority of the United States, shall commit
any wrong upon the person or property of the Indians, the United
States will, upon proof made to the agent and forwarded to the
Commissioner of Indian Affairs at Washington City, proceed at
once to cause the offender to be arrested and punished according
to the laws of the United States, and also reimburse the injured
person for the loss sustained.
If bad men among the Indians shall commit
a wrong or depredation upon the person or property of any one,
white, black, or Indian, subject to the authority of the United
States, and at peace therewith, the Indians herein named solemnly
agree that they will, on proof made to their agent and notice
by him, deliver up the wrong-doer to the United States, to be
tried and punished according to its laws; and in case they wilfully
refuse so to do, the person injured shall be reimbursed for his
loss from the annuities or moneys due or to become due to them
under this or other treaties made with the United States. And
the President, on advising with the Commissioner of Indian Affairs,
shall prescribe such rules and regulations for ascertaining damages
under the provisions of this article as in his judgment may be
proper. But no such damages shall be adjusted and paid until thoroughly
examined and passed upon by the Commissioner of Indian Affairs,
and no one sustaining loss while violating or because of his violating
the provisions of this treaty or the laws of the United States
shall be reimbursed therefor.
ARTICLE II. It is agreed that whenever the
Bannacks desire a reservation to be set apart for their use, or
whenever the President of the United States shall deem it advisable
for them to be put upon a reservation, he shall cause a suitable
one to be selected for them in their present country, which shall
embrace reasonable portions of the “Port neuf” and “Kansas
Prairie” countries, and that, when this reservation is declared,
the United States will secure to the Bannacks the same rights
and privileges therein, and make the same and like expenditures
therein for their benefit, except the agency house and residence
of the agent, in proportion to their numbers, as herein provided
for the Shoshonee reservation. The United States further agrees
that following district of country, to wit: commencing at the
mouth of Owl creek and running due south to the crest of the divide
between the Sweetwater and Papo Agie rivers; thence along the
crest of said divide and summit of Wind River mountains to the
longitude of North Fork of Wind river; thence due north to mouth
of said North Fork and up its channel to a point twenty miles
above its mouth; thence in a straight line to head-waters of Owl
creek and along the middle channel of Owl creek to a place of
beginning, shall be and the same is set apart for the absolute
and undisturbed use and occupation of the Shoshonee Indians herein
named, and for such other friendly tribes or individual Indians
as from time to time they may be willing, with the consent of
the United States, to admit amongst them; and the United States
now solemnly agrees that no persons except those herein designated
and authorized so to do, and except such officers, agents, and
employees of the government as may be authorized to enter upon
Indian reservations in discharge of duties enjoined by law, shall
ever be permitted to pass over, settle upon, or reside in the
territory described in this article for the use of said Indians,
and henceforth they will and do hereby relinquish all title, claims,
or rights in and to any portion of the territory of the United
States, except such as embraced within the limits aforesaid.
ARTICLE III. The United States agrees, at
its own proper expense, to construct at a suitable point on the
Shoshonee reservation a warehouse or storeroom for the use of
the agent in storing goods belonging to the Indians, to cost not
exceeding two thousand dollars; and agency building for the residence
of the agent, to cost not exceeding three thousand; a residence
for the physician, to cost not more than two thousand dollars;
and five other buildings, for a carpenter, farmer, blacksmith,
miller, and engineer, each to cost not exceeding two thousand
dollars; also a school house or mission building so soon as a
sufficient number of children can be induced by the agent to attend
school, which shall not cost exceeding twenty-five hundred dollars.
The United States agrees further to cause
to be erected on said Shoshonee reservation, near the other buildings
herein authorized, a good steam circular saw-mill, with a grist-mill
and shingle machine attached, the same to cost not more than eight
thousand dollars.
ARTICLE IV. The Indians herein named agree,
when the agency house and other building shall be constructed
on their reservations named, they will make said reservations
their permanent home, and they will make no permanent settlement
elsewhere; but they shall have the right to hunt on the unoccupied
lands of the United States so long as game may be found thereon,
and so long as peace subsists among the whites and Indians on
the borders of the hunting districts.
ARTICLE V. The United States agrees that
the agent for said Indians shall in the future make his home at
the agency building on the Shoshonee reservation, but shall direct
and supervise affairs on the Bannack reservation; and shall keep
an office open at all times for the purpose of prompt and diligent
inquiry into such matters of complaint by and against the Indians
as may be presented for investigation under the provisions of
their treaty stipulations, as also for the faithful discharge
of other duties enjoined by law. In all case of depredation on
person or property he shall cause the evidence to be taken in
writing and forwarded, together with his finding, to the Commissioner
of Indian Affairs, whose decision shall be binding on the parties
of this treaty.
ARTICLE VI. If any individual belonging
to said tribes of Indians, or legally incorporated with them,
being the head of a family, shall desire to commence farming,
he shall have the privilege to select, in the presence and with
the assistance of the agent then in charge, a tract of land within
the reservation of his tribe, not exceeding three hundred and
twenty acres in extent, which tract so selected, certified, and
recorded in the “land book,” as herein directed, shall
cease to be held in common, but the same may be occupied and held
in the exclusive possession of the person selecting it, and of
his family, so long as he or they may continue to cultivate it.
Any person over eighteen years of age, not
being the head of a family, may in like manner select and cause
to be certified to him or her, for purposes of cultivation, a
quantity of land not exceeding eighty acres in extent, and thereupon
be entitled to the exclusive possession of the same as above described.
For each tract of land so selected a certificate, containing a
description thereof, and the name of the person selecting it,
with a certificate endorsed thereon that the same has been recorded
shall be delivered to the party entitled to it by the agent, after
the same shall have been recorded by him in a book to be kept
in his office subject to inspection, which said book shall be
known as the “Shoshonee (eastern band) and Bannack Land Book.”
The President may at any time order a survey
of these reservations, and when so surveyed Congress shall provide
for protecting the rights of the Indian settlers in these improvements,
and may fix the character of the title held by each. The United
States may pass such laws on the subject of alienation and descent
of property as between Indians, and on all subjects connected
with the government of the Indians on said reservations, and the
internal police thereof, as may be thought proper.
ARTICLE VII. In order to insure the civilization
of the tribes entering into this treaty, the necessity of education
is admitted, especially of such of them as are or may be settled
on said agricultural reservations, and they therefore pledge themselves
to compel their children, male and female, between the ages of
six and sixteen years, to attend school; and it is hereby made
the duty of the agent for said Indians to see that this stipulation
is strictly complied with; and the United States agrees that for
every thirty children between said ages who can be induced or
compelled to attend school, a house shall be provided and a teacher
competent to teach the elementary branches of an English education
shall be furnished, who will reside among said Indians and faithfully
discharge his or her duties as a teacher. The provisions of this
article to continue for twenty years.
ARTICLE VIII. When the head of a family
or lodge shall have selected lands and received his certificate
as above directed, and the agent shall be satisfied that he intends
in good faith to commence cultivating the soil for a living, he
shall be entitled to receive seeds and agricultural implements
for the first year, in value of one hundred dollars, and for each
succeeding year he shall continue to farm, for a period of three
years more, he shall be entitled to receive seeds and implements
as aforesaid in value twenty-five dollars per annum.
And it is further stipulated that such persons
as commence farming shall receive instructions from the farmers
herein provided for, and whenever more than one hundred persons
on either reservation shall enter upon the cultivation of the
soil, a second blacksmith shall be provided, with such iron, steel,
and other material as may be required.
ARTICLE IX. In lieu of all sums of money
or other annuities provided to be paid to the Indians herein named,
under any and all treaties heretofore made with them, the United
States agrees to deliver at the agency house on the reservation
herein provided for, on the first day of September of each year,
for thirty years, the following articles, to wit:
For each male person over fourteen years
of age, a suit of good substantial woollen clothing, consisting
of coat, hat, pantaloons, flannel shirt, and a pair of woollen
socks; for each female over twelve years of age, a flannel skirt,
or the goods necessary to make it, a pair of woollen hose, twelve
yards of calico, and twelve yards of cotton domestics.
For the boys and girls under the ages named,
such flannel and cotton goods as may be needed to make each a
suit as aforesaid, together with a pair of woollen hose for each.
And in order that the Commissioner of Indian
Affairs may be able to estimate properly for the articles herein
named, it shall be the duty of the agent each year to forward
to him a full and exact census of the Indians, on which the estimate
from year to year can be based; and in addition to the clothing
herein named, the sum of ten dollars shall be annually appropriated
for each Indian roaming and twenty dollars for each Indian engaged
in agriculture, for a period of ten years, to be used by the Secretary
of the Interior in the purchase of such articles as from time
to time the condition and necessities of the Indians may indicate
to be proper. And if at any time within the ten years it shall
appear that the amount of money needed for clothing under this
article can be appropriated to better uses for the tribes herein
named, Congress my by law change the appropriation for other purposes;
but in no event shall the amount of the appropriation be withdrawn
or discontinued for the period named. And the President shall
annually detail an officer of the army to be present and attest
the delivery of all the goods herein named to the Indians, and
he shall inspect and report on the quantity and quality of the
goods and the manner of their delivery.
ARTICLE X. The United States hereby agrees
to furnish annually to the Indians the physician, teachers, carpenter,
miller, engineer, farmer, and blacksmith, 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 o employ such persons.
ARTICLE XI. No treaty for the cession of
any portion of the reservations herein described which may be
held in common shall be of any force or validity as against the
said Indians, unless executed and signed by at least a majority
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 his right to any tract of land selected by him, as provided
in Article VI. of this treaty.
ARTICLE XII. It is agreed that the sum of
five hundred dollars annually, for three years from the date when
they commence to cultivate a farm, 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 XIII. It is further agreed that
until such time as the agency buildings are established on the
Shoshonee reservation, their agent shall reside at Fort Bridger,
U. T., and their annuities shall be delivered to them at the same
place in June of each year.
N. G. TAYLOR,
W. T. SHERMAN,
Lt. Genl.
WM. S. HARNEY,
JOHN B. SANBORN,
S. F. TAPPAN,
C. C. AUGUR,
Bvt. Major Genl. U. S. A., Commissioners.
ALFRED H. TERRY,
Brig. Gen. and Bvt. M. Gen. U. S. A.
Attest:
A. S. H. WHITE, Secretary.
Shoshones:
WASH-A-KIE......his + mark
WAU-NY-PITZ......his + mark
TOOP-SE-PO-WOT......his + mark
NAR-KOK......his + mark
TABOONSHE-YA......his + mark
BAZEEL......his + mark
PAN-TO-SHE-GA......his + mark
NINNY-BITSE......his + mark
Bannacks:
TAGGEE......his + mark
TAY-TO-BA......his + mark
WE-RAT-ZE-WON-A-GEN......his + mark
COO-SHA-GAN......his + mark
PAN-SOOK-A-MOTSE......his + mark
A-WITE-ETSE......his + mark
Witnesses:
HENRY A. MORROW,
Lt. Col. 36th Infantry and Bvt. Col. U. S. A., Comdg. Ft. Bridger.
LUTHER MANPA, U. S. Indian Agent.
W. A. CARTER.
J. VAN ALLEN CARTER, Interpreter.
And whereas, the said treaty having been
submitted to the Senate of the United States for its constitutional
action thereon, the Senate did, on the sixteenth day of February,
one thousand eight hundred and sixty-nine, advise and consent
to the ratification of the same, by a resolution in the words
and figures following, to wit:
IN EXECUTIVE SESSION, SENATE OF THE UNITED
STATES,
February 16, 1869.
Resolved, (two thirds of the senators present
concurring,) That the Senate advise and consent to the ratification
of the treaty between the United States and the Shoshonee (eastern
band) and Bannack tribes of Indians, made and concluded at Fort
Bridger, Utah Territory, on the third day of July, 1868.
Attest: GEO. C. GORHAM,
Secretary.
Now, therefore, be it known that I, ANDREW
JOHNSON, President of the United States of America, do, in pursuance
of the advice and consent of the Senate, as expressed in its resolution
on the sixteenth day of February, one thousand eight hundred and
sixty-nine, accept, ratify, and confirm the said treaty.
In testimony whereof I have hereto signed
my name, and caused the seal of the United States to be affixed.
Done at the city of Washington, this twenty-fourth
day of February, in the year of our Lord one thousand eight hundred
and sixty-nine, and of the Independence of the United States of
America, the ninety-third.
ANDREW JOHNSON.
By the President:
WILLIAM H. SEWARD,
Secretary of State.
