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TREATY
WITH THE MANDAN TRIBE, 1825.
WHEREAS acts
of hostility have been committed by some restless men of the Mandan Tribe of
Indians, upon some of the citizens of the United States: therefore, to put a
stop to any further outrages of the sort: and to establish a friendly
understanding, between the United States and the said Mandan Tribe, the
President of the United States, by Henry Atkinson, Brigadier General of the
United States, Army, and Major Benjamin O’Fallon, Indian Agent, Commissioners
duly appointed and commissioned to treat with the Indian Tribes beyond the
Mississippi river, forgive the offences which have been committed: the Chiefs
and Warriors having first made satisfactory explanations touching the same. And,
for the purpose of removing all future cause of misunderstanding as respects
trade and, friendly intercourse between the parties, the above named
Commissioners on the part of the United States, and the undersigned Chiefs and
Warriors of the Mandan Tribe of Indians on the part of said Tribe, have made and
entered into the following articles and conditions, which, when ratified by the
President of the United States, by and with the advice and consent of the
Senate, shall be binding on both parties to wit:
ARTICLE 1.
Henceforth there shall be a
firm and lasting peace between the United States and the Mandan Tribe of
Indians; and a friendly intercourse shall immediately take place between the
parties.
ARTICIE 2.
It is admitted by the
Mandan tribe of Indians, that they reside within the territorial limits of the
United States, acknowledge their supremacy, and claim their protection. The said
tribe also admit the right of the United States to regulate all trade and
intercourse with them.
ARTICLE 3.
The United States agree to
receive the Mandan tribe of Indians into their friendship. and under their
protection, and to extend to them, from time to time, such benefits and acts of
kindness as may be convenient, and seem just and proper to the President of the
United States.
ARTICLE 4.
All trade and intercourse
with the Mandan tribe shall be transacted at such place or places as may be
designated and pointed out by the President of the United States, through his
agents; and none but American citizens, duly authorized by the United States,
shall be admitted to trade or hold intercourse with said tribe of Indians.
ARTICLE 5.
That the Mandan tribe may
be accommodated with such articles of merchandise, &c, as their necessities
may demand, the United States agree to admit and license traders to hold
intercourse with said tribe, under mild and equitable regulations: in
consideration of which, the Mandan tribe bind themselves to extend protection to
the persons and property of the traders, and the persons legally employed under
them, whilst they remain within the limits of their district country. And the
said Mandan tribe further agree, that if any foreigner or other person, not
legally authorized by the United States, shall come into their district of
country, for the purposes of trade or other views, they will apprehend such
person or persons, and deliver him or them to some United States superintendent
or agent of Indian Affairs, or the Commandant of the nearest military post, to
be dealt with according to law. And they further agree to give safe conduct to
all persons who may be legally authorized by United States to pass through their
country, and to protect in their persons and property all agents or other
persons sent by the United States to reside temporarily among them.
ARTICLE 6
That the friendship which is now establish between the United States
and the Mandan tribe, shall not be interrupted by the misconduct of individuals,
it is hereby agreed, that for injuries done by individuals, no private
revenge or retaliation shall take place, but instead thereof, complaints
shall he made, by the party injured, to the superintendent or agent of
Indian affairs, or other person appointed by the President; 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 the complaint is made,
to the end that he or they may be punished, agreeably to the laws of the
United States. And, in like manner, if any robbery, violence, or murder,
shall be committed on any Indian or Indians belonging to said tribe, the
person or persons s 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 said Mandan tribe shall, to the
utmost of their power, exert themselves to recover horses or other property,
which may be stolen or taken from any citizen or citizens of the United
States, by any individual or individuals the said tribe; and the property
so recovered shall be forthwith delivered to the agents or other person
authorized to receive it, that it may be restored to the proper owner.
And the United States hereby guaranty to any Indian or Indians of said
tribe, a full indemnification for any horses or other property which may
be 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 Mandan tribe engage, on the
requisition or demand of the President of the United States, or of the agents,
to deliver up any white man resident among them.
ARTICLE 7
And the Chiefs and Warriors
as aforesaid, promise and engage that their tribe will never, by sale, exchange,
or as presents, supply any nation, tribe, or band of Indians, not in amity with
the United States, with guns, ammunition or other implements of war. Done at the
Mandan village this thirtieth day of July, A. D. 1825, and of the independence
of the United States the fiftieth. In testimony whereof, the commissioners,
Henry Atkinson and Benjamin O’Fallon, and the chiefs and warriors of the Mandan
tribe of Indians, have hereunto set their hands and affixed their seals.
H. Atkinson,
brigadier-general U.S. Army, [L.S.], Benj. O’Fallon, United States agent Indian
affair, [L.S.], chiefs: Mat-sa.to-pas-lah-hah-pah, the chief of four men, his x
mark, [L.S.], San-jah-mat-sa-eta, the wolf chiefs, his x mark, [L.S.],
Ah-ra-na-shis, the one that has arm, his x mark, [L.S.], La-pet-see-to-a-pus,
the four bears, his x mark, [L.S.], Sah-cou-ga-rah-lah-pet-see, the bird of the
bears, his x mark, [L.S.], She-ca-aga-mat-sa-et-see, the little young man that
is a chief, his x mark, [L.S.], Kee-re-pee-ah-pa-rush, the neck of the buffalo,
his x mark, [L.S.], Bo-si-e-ree-bees, the little wolf that sleeps, his x mark,
[L.S.], Bot-sa-a-pa, the color of the wolf, his x mark, [L.S.], Con-ke-sheesse,
the good child , his x mark, [L.S.], Lah-pa-see-ta-re-tah, , the bear that does
not walk, his x mark, [L.S.], Par-res-kah-cah-rush-ta,, the little crow, his x
mark, [L.S.], Warriors-First village: 0bah-chash, the broken leg, his x mark;
[L.S.], Second village: San-jah-ca-ho-ka, the wolf that lies, his x mark,
[L.S.], Ede-shu-bee, the fat of the paunch, his x mark, [L.S.],
Pa-res-ca-a-husss, the band of crows, his x mark, [L.S.], Me-ra-pa-sha-po, the
five beavers, his x mark, [L.S.], Bout-sa-ca-ho-ka, the crouching prairie wolf,
his x mark, [L.S.]
In presence of- A.L.
Langham, secretary to the commission, H. Leavenworth, colonel U.S. Army, S.W.
Kearny, brevet major First Infantry, D. Ketchem, major U.S. Army, B. Riley,
captain, Sixth Infantry, P. Wilson, United States S. Indian agent, S. Mac Ree,
lieutenant, aid-de-camp, R. B. Mason, captain First Infantry, G.C. Spencer,
captain First Infantry, John Gantt, captain Sixth Infantry, Thomas Noel,
lieutenant Sixth Infantry, R. Holmes, lieutenant Sixth Infantry, J. Rogers, ,
lieutenant Sixth infantry Jas. W. Kingsbury, lieutenant, First Regiment
Infantry, Levi Nute, lieutenant, Sixth Infantry. S. Wragg, adjutant First
Regiment infantry, M.W. Batman, lieutenant, Sixth Infantry, Thomas P. Gwynne,
Lieutenant, First infantry, George C. Hutter, Lieutenant, First infantry,
William Day, Lieutenant, First infantry, R.M. Coleman, assistant surgeon, U.S.
Army, W.S. Harney, Lieutenant, First infantry, J.C. Culbertson, G.H. Kennerly,
United States S Indian agent, A.S. Miller, lieutenant, First infantry, Colin
Campbell, Touissant Chaboneau, his x mark, interpreter.
Source: Treaties & agreements of the
Indian Tribes of the Northern Plains. (1974). Washington,
D.C. : Institute for the development of Indian Law.
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