1866.07.04

Treaty with the Delawares, July 4, 1866.

Arti­cles of agree­ment between the United States and the chiefs and coun­cilors of the Delaware Indi­ans, on behalf of said tribe, made at the Delaware Agency, Kansas, on the fourth day of July, eigh­teen hun­dred and sixty-six.

Whereas Con­gress has by law made it the duty of the Pres­i­dent of the United States to pro­vide by treaty for the removal of the Indian tribes from the State of Kansas; and whereas the Delaware Indi­ans have expressed a wish to remove from their present reser­va­tion in said State to the Indian coun­try, located between the States of Kansas and Texas; and whereas the United States have, by treaties nego­ti­ated with the Choctaws and Chick­a­saws, with the Creeks, and with the Semi­noles, Indian tribes resid­ing in said Indian coun­try, acquired the right to locate other Indian tribes within the lim­its of the same; and whereas the Mis­souri River Rail­road Com­pany, a cor­po­ra­tion exist­ing in the State of Kansas by the laws thereof, and which com­pany has built a rail­road con­nect­ing with the Pacific Rail­road, from near the mouth of the Kaw River to Leav­en­worth, in aid of which road the Delawares, by treaty in eigh­teen hun­dred and sixty-four, agreed to dis­pose of their lands, has expressed a desire to pur­chase the present Delaware Indian reser­va­tion in the said State, in a body, at a fair price:

It is hereby agreed between Thomas Mur­phy, super­in­ten­dent of Indian affairs, John G. Pratt, agent for the Delawares, and William H. Wat­son, spe­cial com­mis­sioner, who are duly appointed to act for the United States; and Cap­tain John Con­nor, Cap­tain Sar­coxie, and Charles Jour­n­ey­cake, chiefs, and James Ketchum, James Con­nor, Andrew Miller, and John Sar­coxie, coun­cilors, duly appointed and autho­rized by said Delaware Indi­ans to act for them and in their behalf, viz:

Arti­cle 1.

That the United States shall secure and cause to be paid to said Indi­ans the full value of all that part of their reser­va­tion, with the improve­ments then exist­ing on the same, hereto­fore sold to the Leav­en­worth, Pawnee, and West­ern Rail­road Com­pany, accord­ing to the terms of a treaty rat­i­fied August twenty-second, eigh­teen hun­dred and sixty, and sup­ple­men­tal treaties, and in accor­dance with the con­di­tions, restric­tions, and lim­i­ta­tions thereof.

Arti­cle 2.

That the Sec­re­tary of the Inte­rior shall be, and he is, autho­rized to sell to said Mis­souri River Rail­road Com­pany, or to other respon­si­ble party or par­ties, in a body, all the remain­ing part of said reser­va­tion, being the lands con­veyed to said Delaware Indi­ans in pur­suance of the pro­vi­sions of the sup­ple­men­tal treaty of Sep­tem­ber twenty-fourth, eigh­teen hun­dred and twenty-nine, and all other lands owned by the said tribe in the State of Kansas not pre­vi­ously dis­posed of, except as here­inafter pro­vided, for a price not less than two dol­lars and fifty cents per acre, exclu­sive of improvements.

Arti­cle 3.

It shall be the duty of the Sec­re­tary of the Inte­rior to give each of all the adult Delaware Indi­ans who have received their pro­por­tion of land in sev­er­alty an oppor­tu­nity, free from all restraint, to elect whether they will dis­solve their rela­tions with their tribe and become cit­i­zens of the United States: and the lands of all such Indi­ans as may elect so to become cit­i­zens, together with those of their minor chil­dren, held by them in sev­er­alty, shall be reserved from the sale here­in­be­fore pro­vided for. And the Sec­re­tary of the Inte­rior shall cause any and all improve­ments made on any of the said lands, the sale of which is pro­vided for, whether held in com­mon or in sev­er­alty, to be appraised, and the value thereof added to the price of said lands, to be paid for when pay­ment is made for the lands upon which said improve­ments exist; and the money received for the improve­ments on the land of each Indian held in sev­er­alty shall be paid to him at any time after its pay­ment to the Sec­re­tary of the Inte­rior, when the Depart­ment shall be noti­fied that said Indian is ready to remove to the Indian coun­try, to pro­vide for his removal to, and to enable him to make improve­ments on his new home therein: Pro­vided, That when­ever it shall be ascer­tained under the reg­istry above pro­vided for what lands will be vacated, there shall be set apart from the lands held in com­mon, for each child of Delaware blood, born since the allot­ment of land to said tribe in sev­er­alty was made under pre­vi­ous treaties, a quan­tity of land equal to the amount to which they would have been enti­tled had they been born before said allot­ment, pro­vided that selec­tions for children belonging to fam­i­lies whose head may elect to remain may be made from lands which are to be vacated by those who elect to remove: And pro­vided fur­ther, That in case there shall be improve­ments upon any hereto­fore allot­ted lands, so selected for chil­dren of the Delawares, pay­ment shall be made for such improve­ments, at their appraised value, by the par­ents or guardians of said chil­dren, at the same time as if the said lands had been sold to the rail­road com­pany or other parties.

Arti­cle 4.

The United States agree to sell to the said Delaware Indi­ans a tract of land ceded to the Gov­ern­ment by the Choctaws and Chick­a­saws, the Creeks, or the Semi­noles, or which mayArti­cle 15. be ceded by the Chero­kees in the Indian coun­try, to be selected by the Delawares in one body in as com­pact a form as prac­ti­ca­ble, so as to con­tain tim­ber, water, and agri­cul­tural lands, to con­tain in the aggre­gate, if the said Delaware Indi­ans shall so desire, a quan­tity equal to one hun­dred and sixty (160) acres for each man, woman, and child who shall remove to said coun­try, at the price per acre paid by the United States for the said lands, to be paid for by the Delawares out of the pro­ceeds of sales of lands in Kansas, hereto­fore pro­vided for. The said tract of coun­try shall be set off with clearly and per­ma­nently marked bound­aries by the United States; and also sur­veyed as pub­lic lands are sur­veyed, when the Delaware coun­cil shall so request, when the same may, in whole or in part, be allot­ted by said coun­cil to each mem­ber of said tribe resid­ing in said coun­try, said allot­ment being sub­ject to the approval of the Sec­re­tary of the Interior.

Arti­cle 5.

The United States guar­an­tee to the said Delawares peace­able pos­ses­sion of their new home herein pro­vided to be selected for them in the Indian coun­try, and pro­tec­tion from hos­tile Indi­ans and inter­nal strife and civil war, and a full and just par­tic­i­pa­tion in any gen­eral coun­cil or ter­ri­to­r­ial gov­ern­ment that may be estab­lished for the nations and tribes resid­ing in said Indian country.

Arti­cle 6.

It is agreed that the pro­ceeds of the sale of the Delaware lands herein pro­vided for shall be paid to said Indi­ans in the man­ner fol­low­ing, to wit: When­ever the Depart­ment of the Inte­rior shall be noti­fied by the coun­cil, through the agent, that any of the Delawares who hold land in sev­er­alty are ready to remove, at the same time describ­ing their allot­ments, there shall be paid to each such per­son the value of his allot­ment, and that of his fam­ily, to enable him to remove to and improve his new home, pro­vided the money for the said allot­ment shall have been paid to the Sec­re­tary of the Inte­rior; and while said money, or any part thereof, shall remain in the Trea­sury of the United States, the Delawares shall be enti­tled to receive inter­est on the amount so retained, at the rate of five (5) per cent. per annum. And the residue of the pro­ceeds of the sale of the Delaware lands, being those which have not been allot­ted, or which have once been allot­ted, but have been aban­doned by the allot­tees, shall be added to the gen­eral fund of the Delawares, inter­est thereon to be paid to the Indi­ans in the same man­ner as is now pro­vided in regard to that fund.

Arti­cle 7.

Within thirty days after the rat­i­fi­ca­tion of this treaty it shall be the duty of the Sec­re­tary of the Inte­rior to give the said Mis­souri River Rail­road Com­pany notice that he is autho­rized to con­tract with them or other respon­si­ble party or par­ties for the sale of said lands on the terms spec­i­fied in this treaty, indi­cat­ing the approx­i­mate quan­tity thereof; and within twenty days after receiv­ing said notice at their usual place of doing busi­ness in the State of Kansas it shall be com­pe­tent for said com­pany to elect to make the pur­chase, by fil­ing with the said sec­re­tary their bond, with approved secu­rity, in dou­ble the amount pro­posed to be paid by them for the whole of said lands, guar­an­tee­ing that they will pur­chase all of the lands to be sold under the pro­vi­sions of this treaty, and that they will pay for them in accor­dance with the terms thereof. And upon the fil­ing of a sat­is­fac­tory bond as above pro­vided by said com­pany, the con­tract for such pur­chase shall be con­cluded by the said sec­re­tary with said Mis­souri River Rail­road Com­pany, at not less than two dol­lars and fifty cents per acre for the whole of the lands herein pro­vided to be sold: Pro­vided, how­ever, That if said rail­road com­pany shall not within the twenty days above lim­ited file its bond for the pur­chase as herein pre­scribed, the Sec­re­tary of the Inte­rior may at the expi­ra­tion of that time accept any offer for the whole of said lands in one body, at not less than two dol­lars and fifty cents per acre, from any other respon­si­ble par­ties; but no offer shall be con­sid­ered from other par­ties than said Mis­souri River Rail­road Com­pany, unless accom­pa­nied by a cer­tifi­cate of deposit in the First National Bank of the city of Wash­ing­ton, D. C., to the credit of the said sec­re­tary, for an amount equal to ten per cent. of the aggre­gate value of the land at the price pro­posed, to be for­feited for the use of the Delawares if the sale should be awarded to said per­son or cor­po­ra­tion so propos­ing to pur­chase the lands, and said party should fail to make pay­ment as here­inafter provided.

Arti­cle 8.

That within sixty days after the sale of said land shall have been effected, the pur­chaser shall pay to the said Sec­re­tary, in trust for the Delawares, the stip­u­lated price of said unal­lot­ted lands, with the appraised value of improve­ments thereon, except­ing there from the mill reser­va­tion and the quar­ter sec­tions upon which the council-house and blacksmith-shops are built, the use of which shall be retained until the final removal of the Delawares, and for which pay­ment shall not be required from the pur­chaser until pos­ses­sion is deliv­ered; and from time to time there­after, as often as the Sec­re­tary of the Inte­rior shall notify the said pur­chaser that ten thou­sand acres or more of said lands have been vacated by said Indi­ans within three months there­after, said pur­chaser shall pay to the Sec­re­tary of the Inte­rior, in trust for the said Indi­ans, the stip­u­lated price for said lands, with the appraised value of the improve­ments; and so on until all are paid for, accord­ing to the true intent and mean­ing hereof; and as said lands shall be paid for, patents there­fore, con­vey­ing the same in fee-simple, shall be from time to time issued to said pur­chaser, or to his or its assigns, by the Pres­i­dent of the United States.

Arti­cle 9.

It is also stip­u­lated that the Sec­re­tary of the Inte­rior shall cause a reg­istry to be made of the names of all of said Delawares who have elected to dis­solve their tribal rela­tions and to become cit­i­zens of the United States, as pro­vided in this treaty, with the names, ages, and sex of the mem­bers of the fam­ily of each of said Delawares, and present a cer­ti­fied copy of the same to the judge of the dis­trict court of the United States for the dis­trict of Kansas, and cause a copy to be filed in the office of the Com­mis­sioner of Indian Affairs, after which any of said Delawares, being adults, may appear before the said judge in open court, and make the same proof and take the same oath of alle­giance as is pro­vided by law for the nat­u­ral­iza­tion of aliens, and also make proof, to the sat­is­fac­tion of said court, that he is suf­fi­ciently intel­li­gent and pru­dent to con­trol his own affairs and inter­ests, that he has adopted the habits of civ­i­lized life, and has been able to sup­port, for at least five years, him­self and fam­ily; when he shall receive a cer­tifi­cate of the same under the seal of the said court; and on the fil­ing of the said cer­tifi­cate in the office of the Com­mis­sioner of Indian Affairs, the said Delaware Indian shall be con­sti­tuted a cit­i­zen of the United States, and be enti­tled to receive a patent, in fee-simple, with power of alien­ation, for the land hereto­fore allot­ted him, and his just pro­por­tion, in cash or in bonds, of the cash value of the cred­its of said tribe, prin­ci­pal and inter­est, then held in trust by the United States; and also, as the same may be received, his pro­por­tion of the pro­ceeds of the sale of lands under the pro­vi­sions of this treaty, when he shall cease to be a mem­ber of said tribe. Where­upon all of the minor chil­dren of those who have become cit­i­zens shall be con­strued to have elected to sever their con­nec­tion with said tribe for the time being, and be enti­tled to their just pro­por­tion of the annu­ities of the tribe, to be paid to the head of the fam­ily to be expended for their sup­port and edu­ca­tion until they shall attain the age of twenty-one years, after which each shall elect to remove to his tribe or to become a cit­i­zen of the United States, as here­in­be­fore pro­vided, and if thus admit­ted to cit­i­zen­ship, shall be enti­tled to all the priv­i­leges and inter­ests herein pro­vided for the head of the fam­ily. Should any minor as afore­said, arriv­ing at the age of twenty-one years, and elect­ing to become a cit­i­zen of the United States, or any adult Indian hav­ing so elected, fail to be admit­ted, he shall not be com­pelled to remove, but the Sec­re­tary of the Inte­rior shall pro­vide proper guardian­ship for the pro­tec­tion of his rights and inter­ests and those of his fam­ily. There shall be granted to each of the Delawares who have thus become cit­i­zens, a patent, in fee-simple, for the lands hereto­fore allot­ted to them, and, if they do not remove with the nation, their pro rata share of all annu­ities and trust-property held by the United States for them, the divi­sion to be made under the direc­tion of the Pres­i­dent of the United States, after which such per­sons shall cease to be mem­bers of the Delaware tribe, and shall not fur­ther par­tic­i­pate in their coun­cils, nor share in their prop­erty or annuities.

Arti­cle 10.

It is fur­ther agreed that the funds of the Delawares shall never be applied by the Gov­ern­ment to the pay­ment of the debt or debts of any indi­vid­ual mem­ber or mem­bers of the nation; nor shall any per­son be licensed to trade with the Delawares with­out the con­sent of the chiefs and coun­cil; and the salaries of the chiefs shall hence­for­ward be four hun­dred dol­lars per annum.

Arti­cle 11.

The Delawares acknowl­edge their depen­dence upon the United States, and again renew their pledges of devo­tion to the Gov­ern­ment thereof, and ask its pro­tec­tion; and the United States agree to pro­tect, pre­serve, and defend them in all their just rights.

Arti­cle 12.

It is also agreed that if the said Sec­re­tary should not be able to sell the said lands as here­in­be­fore pro­vided, he may cause the same to be appraised, in sep­a­rate tracts, at their fair cash value, no tract to be val­ued at less than two dol­lars and fifty cents per acre, and the same when appraised may be sold at not less than the appraised value, and for as much more as the same will bring, and the money aris­ing from the sale to be applied and dis­trib­uted as here­in­be­fore provided.

Arti­cle 13.

It is agreed by the Delawares that rail­road com­pa­nies engaged in build­ing roads whose routes shall lie through their new reser­va­tion in the Indian coun­try shall have a right of way through and over said lands, not exceed­ing two hun­dred feet in width for any such road, and also the right to enter on all lands and take and use such gravel, stone, and other mate­r­ial except tim­ber as may be nec­es­sary for the con­struc­tion of such roads, com­pen­sa­tion to be made for any dam­ages done in
obtain­ing such mate­r­ial, and for any dam­ages aris­ing from the loca­tion or run­ning of such roads to improve­ments which shall have been made before such road shall have been located, such dam­ages to be ascer­tained under reg­u­la­tions to be pre­scribed by the Sec­re­tary of the Interior.

Arti­cle 14.

The United States fur­ther agree that, in accor­dance with the gen­eral pro­vi­sions of the sixth arti­cle of the Delaware treaty of May thirty, eigh­teen hun­dred and sixty, which have not yet been ful­filled, there shall be cred­ited to the Delawares, in the pur­chase of their new reser­va­tion in the Indian coun­try, the sum of thirty thou­sand dol­lars, which credit by the United States shall be received by the Delawares as a full set­tle­ment of all claims against the Gov­ern­ment for depre­da­tions upon tim­ber to the date of the sign­ing of this treaty; and the Delawares shall receive, with­out cost, from the United States, land included within their new reser­va­tion to the amount of twenty-three sec­tions, in place of the twenty-three sec­tions of half-breed Kaw lands referred to in said sixth sec­tion of the treaty of eigh­teen hun­dred and sixty; and inas­much as the Delawares claim that a large amount of stock has been stolen from them by whites since the treaty of eigh­teen hun­dred and fifty-four, the United States agree to have a care­ful exam­i­na­tion of such claims made under the direc­tion of the Sec­re­tary of the Inte­rior, and when the value of such stolen stock shall have been ascer­tained, the same shall be reported to Con­gress with a rec­om­men­da­tion for an appro­pri­a­tion to pay for the same; and all mon­eys appro­pri­ated for such pur­pose shall be paid to the own­ers of said stock.

Arti­cle 15.

It is also agreed by the con­tract­ing par­ties that noth­ing con­tained in this treaty shall be so con­strued as to require the Delawares to remove from their present homes, until after they shall have selected and received title to lands for new homes elsewhere.

In tes­ti­mony whereof, the said super­in­ten­dent, agent, and spe­cial com­mis­sioner, on behalf of the United States, and the said chiefs and coun­cilors on behalf of the Delawares, have here­unto set their hands and seals this fourth day of July, one thou­sand eight hun­dred and sixty-six.

Thos. Mur­phy, Super­in­ten­dent
John G. Pratt, Agent
W. H. Wat­son, Spe­cial Com­mis­sioner
John Con­nor, his x mark, Head Chief
Cap­tain Sar­coxie, his x mark, Assis­tant Chief
Charles Jour­n­ey­cake, Assis­tant Chief
James Ketch[u]m
James Con­nor, his x mark
Andrew Miller, his x mark
John Sar­coxie, his x mark
Coun­cilors.
Isaac Johny­cake, United States Interpreter

In pres­ence of
Henry S. Bulk­ley
Edward S. Menager
Louis A. Menager