INDIAN AFFAIRS: LAWS AND TREATIES. Vol. IV, Laws

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1929.

PART IV.—TREATIES.

TREATY OF FORT LARAMIE, 1851
September 17, 1851. | Ratified by the Senate with amendment May 24, 1852. Amendment ratified by the tribes. By inadvertence not proclaimed or printed in Statutes at Large.¹

Articles of a treaty made and concluded at Fort Laramie, in the Indian Territory, between D. D. Mitchell, superintendent of Indian Affairs, and Thomas Fitzpatrick, Indian agent, commissioners specially appointed and authorized by the President of the United States, of the first part, and the chiefs, headmen, and braves of the following Indian nations, residing south of the Missouri River, east of the Rocky Mountains, and north of the lines of Texas and New Mexico, viz, the Sioux or Dahcotahs, Cheyennes, Arrapahoes, Crows, Assinaboines, Gros Ventre, Mandans, and Arrickaras, parties of the second part, on the seventeenth day of September, A. D. one thousand eight hundred and fifty-one.

ARTICLE 1.

The aforesaid nations, parties to this treaty, having assembled for the purpose of establishing and confirming peaceful relations amongst themselves, do hereby covenant and agree to abstain in future from all hostilities whatever against each other, to maintain good faith and friendship in all their mutual intercourse, and to make an effective and lasting peace.

ART. 2.

The aforesaid nations do hereby recognize the right of the United States Government to establish roads, military and other posts, within their respective territories.

ART. 3.

In consideration of the rights and privileges acknowledged in the preceding article, the United States bind themselves to protect the aforesaid Indian

¹This treaty as signed was ratified by the Senate May 24, 1852, with an amendment changing the annuity in Article 7 from 50 years to 10 Years, with an additional 5 years in the discretion of the President, subject to acceptance by the tribes. Assent of all tribes was procured, the last acceptance being by the Crows September 18, 1854.

By inadvertence on the part of the Interior Department, ratification by the tribes was not certified to the State Department and therefore the treaty was not promulgated by the President. However, in subsequent agreements this treaty has been recognized as in force and Congress made appropriations thereunder. The Court of Claims in Moore v. the United States (32 Ct. Cl. 593) and in Roy v. The United States (45 Ct. Cl. 177) held that the treaty was legal and binding on the United States. There is no doubt that the Fort Laramie treaty is in full force and effect.

The compiler was in error in stating at the bottom of page 594, Volume 2, that all the tribes had not ratified the Senate amendment to this treaty. (Indian Office files, Upper Platte C-570-1853—S. 555-1854. Also, Ft. Berthold and Upper Missouri Agency.)

nations against the commission of all depredations by the people of the said United States, after the ratification of this treaty.

ART. 4.

The aforesaid Indian nations do hereby agree and bind themselves to make restitution or satisfaction for any wrongs committed, after the ratification of this treaty, by any band or individual of their people, on the people of the United States, whilst lawfully residing in or passing through their respective territories.

ART. 5.

The aforesaid Indian nations do hereby recognize and acknowledge the following tracts of country, included within the metes and boundaries hereinafter designated, as their respective territories, viz:

The territory of the Sioux or Dahcotah Nation, commencing at the mouth of the White Earth River, on the Missouri River; thence in a southwesterly direction to the forks of the Platte River; thence up the north fork of the Platte River to the forks of the Platte River; thence up the north fork of the Platte River to a point known as the Red Bute, or where the road leaves the river; thence along the range of mountains known as the Black Hills, to the headwaters of Heart River; thence down Heart River to its mouth; and thence down the Missouri River to the place of beginning.

The territory of the Gros Ventre, Mandans, and Arrickaras Nations, commencing at the mouth of Heart River; thence up the Missouri River to the mouth of the Yellowstone River; thence up the Yellowstone River to the mouth of Powder River in a southeasterly direction, to the headwaters of the Little Missouri River; thence along the Black Hills to the head of Heart River, and thence down Heart River to the place of beginning.

The territory of the Assinaboine Nation, commencing at the mouth of Yellowstone River; thence up the Missouri River to the mouth of the Muscle-shell River; thence from the mouth of the Muscle-shell River in a southeasterly direction until it strikes the headwaters of Big Dry Creek; thence down that creek to where it empties into the Yellowstone River, nearly opposite the mouth of Powder River, and thence down the Yellowstone River to the place of beginning.

The territory of the Blackfoot Nation, commencing at the mouth of Muscle-shell River; thence up the Missouri River to its source; hence along the main range of the Rocky Mountains, in a southerly direction, to the headwaters of the northern source of the Yellowstone River; thence down the Yellowstone River to the mouth of Twenty-five Yard Creek; thence across to the headwaters of the Muscle-shell River, and thence down the Muscle-shell River to the place of beginning.

The territory of the Crow Nation, commencing at the mouth of Powder River on the Yellowstone; thence up Powder River to its source; thence along the main range of the Black Hills and Wind River Mountains to the headwaters of the Yellowstone River; thence down the Yellowstone River to the mouth of Twenty-five Yard Creek; thence to the headwaters of the Muscle-shell River; thence down the Muscle-shell River to its mouth; thence to the headwaters of Big Dry Creek, and thence to its mouth.

The territory of the Cheyennes and Arrapahoes, commencing at the Red Bute, or the place where the road leaves the north fork of the Platte River; thence up the north fork of the Platte River to its source; thence along the main range of the Rocky Mountains to the headwaters of the Arkansas River; thence down the Arkansas River to the crossing of the Santa Fe road; thence in a northwesterly direction to the forks of the Ratte River, and thence up the Platte River to the place of beginning.

It is, however, understood that in making this recognition and acknowledgment the aforesaid Indian nations do not hereby abandon or prejudice any rights or claims they may have to other lands; and further, that they do not surrender the privilege of hunting, fishing, or passing over any of the tracts of country heretofore described.

ART. 6.

The parties to (of) the second part of this treaty having selected principals or head chiefs for their respective nations, through whom all national business will hereafter be conducted, do hereby bind themselves to sustain said chiefs and their successors during good behavior.

ART. 7.

In consideration of the treaty stipulations, and for the damages which have or may occur by reason thereof to the Indian nations, parties hereto, and for their maintenance and the improvement of their moral and social customs, the United States bind themselves to deliver to the said Indian nations the sum of $50,000 per annum for the term of 10 years, with the right to continue the same at the discretion of the President of the United States for a period not exceeding five years thereafter, in provisions, merchandise, domestic animals, and agricultural implements, in such proportions as may be deemed best adapted to their condition by the President of the United States, to be distributed in proportion to the population of the aforesaid Indian nations.

ART. 8.

It is understood and agreed that should any of the Indian nations parties to this treaty violate any of the porvisions thereof, the United States may withhold the whole or a portion of the annuities mentioned in the preceding article from the nation so offending, until, in the opinion of the President of the United States, proper satisfaction shall have been made.

In testimony whereof the said D. D. Mitchell and Thomas Fitzpatrick, commissioners as aforesaid, and the chiefs, headmen, and braves, parties hereto, have set their hands and affixed their marks on the day and at the place first above written.

Sioux: Mah-toe-wha-you-whey (his x mark); Mah-kah-toe-zah-zah (his mark); Bel-o-ton-kah-tan-ga (his x mark); Nah-ta-pah-gi-gi (his x mark); Mak-toe-sah-bi-chis (his x mark); Meh-wha-tah-ni-hans-kah (his x mark).

Cheyennes: Wah-ha-nis-satta (his x mark); Voist-ti-toe-vetz (his x mark); Nahk-ko-me-ien (his x mark); Koh-kah-y-wh-cum-est (his x mark).

Arrapahoes : Be-ah-te-a-qui-sah (his x mark); Neb-ni-bah-seh-it (his x mark); Beh-kah-jay-beth-sah-es (his x mark).

Mandans and Gros Ventres: Nochk-pit-shi-toe-pish (his x mark); She-oh-mant-ho (his x mark).

In the presence of:
A. B. Chambers, secretary; S. Cooper, colonel, U. S. Army; R. H. Chilton, captain, First Drags; Thomas Duncan, captain, Mounted Riflemen; Thos. G. Rhett, brevet captain R. M. R.; W. L. Elliott, first lieutenant R. M. R.; C. Campbell, interpreter for Sioux; John S. Smith, interpreter for Cheyenne; Robert Meldrum, interpreter for the Crows; H. Culbertson, interpreter for Assiniboines and Gros Ventres; Francois L'Etalie, interpreter for Arickarees; John Pizelle, interpreter for the Arrapahoes; B. Gratz Brown; Robert Campbell; Edmond F. Chouteau.

INDIAN OFFICE MEMORANDUM CONCERNING THE TREATY OF SEPTEMBER 17, 1851, AT FORT LARAMIE, BETWEEN THE UNITED STATES AND THE SIOUX, CHEYENNES, ARAPAHOES, CROWS, GROS-VENTRE, MANDANS, AND ARICKAREES, TRIBES OF INDIANS. (KAPPLER'S LAWS AND TREATIES, VOL. II, P. 594.)

The question to be considered in this memorandum is concerning the ratification of the treaty by the Senate and the assent of the Indians to certain changes made in section 7 of that instrument. Mr. Kappler, the author of Laws and Treaties, in a footnote at the bottom of vol. 2, page 594, says:

Reference is also made to 11 Stats., page 749, at the bottom of which the publisher of that volume inserts the following note:

It may be stated as a fact that that part of Mr. Kappler's note saying that all the tribes except the Crows had assented to the Senate amendment was erroneous, for the original records of the Indian Office conclusively show that the consent of the Crows was procured. It might also be stated as a fact that at the time Volume 11, of the United States Statutes at Large was printed in which appears the footnote of the publisher above referred to, the assent of all the tribes had been procured to the Senate amendment of the treaty of 1851 and such consent is conclusively shown by the original records of the Indian Office.

The consent of all the Indians had been given to the treaty on or before 1854, but it appears that the original treaty of 1851, which is still in the files of the Indian Office, together with the papers showing the assent of all the tribes formally given, was never submitted to the State Department in order that the instrument might be formally promulgated. The State Department has informally advised that it is the universal practice where the Senate ratifies a treaty with certain amendments, whether with Indians or foreign nations, and the consent of the signatory parties to the changes is afterwards given, it is never necessary to submit the instrument to the Senate for reaffirmation or approval. The Senate took formal action on the treaty which it considered on the 24th day of May, 1852, in executive session of two and one-half hours, and communicated its views with the return of the instrument to the President. This will receive consideration further on.

Attention is invited to the case of Moore v. United States (32 Ct. Cl., p. 593), in which that court held that the treaty of 1851 was legal and binding on the United States, using the following language:

Attention is also invited to the case of Roy v. the United States (Ct. Cl. Repts., vol. 45, p. 177), in which that court again upheld the legality of the treaty of 1851, from which decision the following is quoted:

From the foregoing it will be seen that the Court of Claims rendered its decisions under the unquestioned belief that all of the tribes had not assented to the 1851 treaty. It is now an established fact beyond question or controversy that the consent of all the tribes was given during the year 1854, and if this had been known to the Court of Claims undoubtedly it would have been an added reason for sustaining the legality of the agreement referred to.

Referring again to the action of the Senate in executive session on May 24, 1852, and in order to set at rest any doubt whatsoever as to what occurred during the executive session, there is inserted at this point an exact copy of the whole proceeding regarding this treaty as the same appears in Senate Journal, 1st session, Thirty-second Congress, page 701, No. 555, J. 35 (references being made to volume it Congressional Library)

Mr. Atchison, from the Committee on Indian Affairs, to whom was referred, the 17th February last, the treaty with certain Indian tribes at Fort Laramie, on the 17th September, 1851, reported it without amendment.

The articles of a treaty made and concluded at Fort Laramie, in the Indian Territory, between D. D. Mitchell, Superintendent of Indian Affairs, and Thomas Fitzpatrick, Indian agent, commissioners specially appointed and authorized by the President of the United States, of the first part, and the chiefs, headmen, and braves of the following Indian Nations residing south of the Missouri River, east of the Rocky Mountains, and north of the lines of Texas and New Mexico, viz, the Sioux or Dah-co-tahs, Cheyennes, Arapahoes, Crows, Assiniboines, Gros-Ventres, Mandans, and Ariccarees, parties of the second part, on the seventeenth day of September, anno Domini one thousand eight hundred and fifty-one, were read the second time, and considered as in Committee of the Whole; and no amendment being made thereto, they were reported to the Senate.

To amend the treaty by striking out the words "fifty years," from the seventh article,

The question was stated, Shall these words stand as part of the seventh article? and,

Messrs. Badger, Clarke, Davis, Fish, Foot, Hale, Miller, Morton, Shields, Underwood, Upham, Wade.

Messrs. Adams, Atchison, Bell, Berrien, Borland, Bradbury, Bright, Brodhead, Brooke, Chase, Dawson, De Saussure, Dodge of Wisconsin, Dodge of Iowa, Downs, Felch, Geyer, Hamlin, Houston, Hunter, James, Jones of Iowa, Jones of Tennessee, King, Mallory, Norris, Pearce, Rusk, Sebastian, Smith, Soule, Spruance, Sumner, Toucey, Walker, Weller.

The question was stated, Shall these words stand as part of the seventh article? and,

Messrs. Atchison, Badger, Chase, Davis, Dodge of Iowa, Dodge of Wisconsin, Fish, Foot, Geyer, Hale, Hamlin, James, Jones of Iowa, Mangum, Miller, Morton, Shields, Smith, Soule, Summer, Toucey, Underwood, Upham, Wade.

Messrs. Adams, Bell, Berrien, Borland, Bradbury, Bright, Brodhead, Butler, Dawson, De Saussure, Downs, Felch, Houston, Hunter, Jones of Tennessee, King, Mallory, Norris, Pearce, Rusk, Sebastian, Spruance, Walker, Weller, Whitcomb.

To fill the blank with the following words: the term of ten years, with a right to continue the same, at the discretion, of the President of the United States for a period not exceeding five years thereafter,

The question was stated, Shall these words stand as part of the seventh article? and

Messrs. Adams, Atchison, Bell; Berrien, Bradbury, Brooke, Butler, Chase, Clarke, Dawson, Dodge of Wisconsin, Dodge of Iowa, Douglas, Downs, Felch, Geyer, Hamlin, Houston, James, Jones of Iowa, King, Mallory, Mangum, Miller, Morton, Pearce, Rusk, Sebastian, Shields, Smith, Soule, Sumner, Underwood, Upham, Weller.

Those who voted in the negative are, Messrs. Badger, Borland, Bright, Brodhead, Davis, De Saussure, Fish, Foot, Hale, Hunter, Jones of Tennessee, Seward, Spruance, Toucey, Wade, Whitcomb.

Resolved (two-thirds of the Senators present concurring), That the Senate advise and consent to the ratification of the articles of a treaty made and concluded at Fort Laramie, in the Indian Territory, between D. D. Mitchell, Superintendent of Indian Affairs, and Thomas Fitzpatrick, Indian agent, commissioners specially appointed and authorized by the President of the United States, of the first part, and the chiefs, headmen and braves of the following Indian nations residing south of the Missouri River, east of the Rocky Mountains, and north of the lines of Texas and New Mexico viz, the Sioux or Dah-co-tahs, Cheyennes, Araphahoes, Crows, Assiniboines, Gros-Ventres, Mandans and Ariccarees, parties of the second part, on the seventeenth day of September, anno Domini one thousand eight hundred and fifty-one, with the following amendment, viz:

Article 7, strike out the words "fifty years," and insert in lieu thereof the following: the term of ten years, with the right to continue the same, at the discretion of the President of the United States, for a period not exceeding five years thereafter.

Messrs. Adams, Atchison, Bell, Berrien, Borland, Bradbury, Brooke, Butler, Cass, Chase, Clarke, Davis, Dawson, De Saussure, Dodge of Wisconsin, Dodge of Iowa, Douglas, Downs, Felch, Foot, Geyer, Hamlin, Houston, James, Jones of Iowa, Jones of Tennessee, King, Mallory, Mangum, Miller, Morton, Pearce, Rusk, Sebastian, Seward, Shields, Smith, Soule, Spruance, Sumner, Toucey, Underwood, Upham, Weller.

Ordered, That the Secretary lay the said resolution before the President of the United States.

Ordered, That the injunction of secrecy be removed from the proceedings of the Senate upon the articles of a treaty made and concluded at Fort Laramie, in the Indian Territory, with certain Indian tribes therein mentioned, which was ratified with an amendment the 24th instant, and from the documents accompanying the saline.

From the foregoing it will be seen that all questions of doubt are removed as to the Senate ratifying the treaty. It was formally ratified with an amendment to section 7, and it will be noted that no provision is made in the executive proceedings of the Senate as to the Indians giving their consent to the modifications made by that body. However, under date of March 3, 1853 (10 Stats. 182), the Congress in making appropriation for the second installment under the treaty used the following language:

Under date of March 3, 1853 (10 Stats. 238), the Congress in appropriating for payment of the third of 10 installments in provisions, merchandise, etc., and the transportation of the same to certain tribes of Indians, per seventh article of the treaty of Fort Laramie of September 17, 1851, inserted a proviso reading as follows:

In the remaining acts of Congress appropriating moneys for carrying out of the provisions of the treaty of 1851, from 1853 to 1865, the proviso above indicated is eliminated from the acts. The total amount appropriated by Congress for carrying out the provisions of this treaty amounted to $1,050,439.13, of which $1,048,349.67 was paid to the Indians and $2,089.46 returned to the surplus fund of the Treasury.

In this connection attention is invited to the appropriation item appearing in 12 Stat. L., p. 55, as follows:

It is deemed advisable to set forth here the acts and proceedings in connection with the treaty of 1851 from its inception to its ratification and modification of article 7 by the Senate of the United States on the 24th day of May, 1852.

Under date of May 26, 1851, Luke Lea, Commissioner of Indian Affairs, in a communication to D. D. Mitchell, of the Upper St. Louis Agency (a copy of which communication is attached herewith), directed Mr. Mitchell to enter into a treaty with the Indians mentioned in the treaty of 1851, and said among other things:

Acting on this suggestion Commissioner Mitchell and Major Fitzpatrick, who assisted him, induced the Indians to agree to article 5 of the treaty of 1851, whereby the Indians recognized and acknowledged certain tracts of country included in the metes and boundaries designated in the treaty as "their respective territories."

Under date of November 11, 1861, Mr. Mitchell having concluded the treaty with the prairie and mountain Indians, to wit, Sioux or Dakotas, Assiniboine, Arickara, Gros Ventres, Crows, Cheyennes, and Arapahoes, transmitted the same to the Commissioner of Indian Affairs, and among other things, in regard to the boundaries of the tracts set aside to each tribe of Indians by their own consent and the consent of the United States, said:

In regard to the laying off of the geographical boundaries of the different tribes, he says

Under date of January 19, 1852, Luke Lea, Commissioner of Indian Affairs, addressed a communication to the Secretary of the Interior, as follows:

Thereafter the Secretary of the Interior transmitted the treaty to the President who transmitted it to the Senate and where it was ratified with certain modifications to article 7, on the 24th day of May, 1852, and was thereafter transmitted by the

Secretary of the Senate to the President who, under date of May 25, 1852, returned the treaty "made with several tribes at Fort Laramie with resolutions of the Senate advising its ratification and amendment to be considered and reported upon."

The Secretary of the Interior referred the letter of the President to the Commissioner of Indian Affairs for consideration, who, under date of May 29, 1852, in a communication to the Secretary of the Interior, among other things said:

Commissioner Lea held, and so advised the Secretary, that in his opinion the modification of article 7 by the Senate had to receive the assent of all the tribes to the treaty before it could be considered legal and binding, and it is evident from the correspondence thereafter following that the Secretary of the Interior adopted the conclusion of the commissioner's letter as to the necessity of the amendment receiving the assent of the Indians and under the same date (May 29, 1852) the letter of the President, together with the treaty and resolutions were returned to the Interior Department. There the matter rested until the 23d of April, 1853, when the Commissioner of Indian Affairs, George W. Manypenny, in a communication to Hon. R. McClelland, Secretary of the Interior, said:

The official records show that under date of May 2, 1853, the Interior Department "transmits for file, until assent of Indians is obtained, the Fort Laramie Treaty of 1851 and Senate amendment thereto."

Three days later, under date of May 5, 1853, Commissioner Manypenny instructed Indian Agent Thomas Fitzpatrick to proceed without unnecessary delay to St. Louis, Mo., where he would report to the Superintendent of Indian Affairs his readiness to enter at once upon the important duties awaiting his attention within the Upper St. Louis Agency, and, among other things, said:

As heretofore stated, the original documents now in the archives of the Indian Office show the formal assent of all the eight tribes of Indians who were parties to the Fort Laramie Treaty of 1851.

Through oversight or inadvertence the Indian Service and the Department of the Interior neglected to formally advise the Secretary of State of the assent of the Indians to the ratification of article 7 of the 1851 treaty, and for that reason it would seem the treaty was never formally promulgated by the President of the United States.

The addenda attached hereto are true copies of the original records in the Indian Office and present a chronological history of all the correspondence necessary to a

correct understanding as to how the treaty of 1851 originated, its ratification, and modification of article 7 by the Senate, and the final assent to the changes made by all the tribes, parties to that instrument.

SIR: An appropriation of $100,000 having been made at the late session of Congress, for defraying the expenses of holding treaties with the Indian tribes of the prairies, and of bringing delegates from them to the seat of government, the President, by virtue of the authority vested in him by section 3 of the act of February 27 last, making appropriations for the service of the Indian Department, has designated you and Agent Fitzpatrick, as the officers of this department, to be charged with the duty of carrying the objects of the appropriation into effect. You will of course be regarded as the principal; and be responsible for the adoption of the proper measures to secure the important purposes desired, and for the correct and judicious expenditure of the money appropriated therefor.

From the very limited information in possession of the department, in relation to the character and condition of the Indians with whom the negotiations are to be held, specific instructions, in detail, are impracticable. Much must be left to your judgment and discretion. Your experience in Indian affairs, and better knowledge of the peculiar character, habits, and relations of the prairie tribes, will more safely guide you in arranging and executing the details of your duties, than any instructions that could be given by the department. Having full confidence in your integrity and zeal, all such details will be left entirely to yourself and Major Fitzpatrick. I therefore limit myself to a consideration of the general objects desirable to be accomplished in the contemplated negotiations. And in regard to those you have become so well advised of the views of the department, from the instructions to Major Fitzpatrick of August 16, 1829, the annual reports of this office for the two preceding years, and the correspondence and personal conferences had with you that a few brief remarks will suffice.

With most of the Indians with whom the negotiations are to be held, we have no treaty stipulations whatever; they are entirely ignorant of their position and relations toward the Government. It is time they understood them and what will be our course of policy toward them. A paramount object will therefore be to define by treaty stipulations what is and will be the reciprocal obligations existing between them and the Government and our citizens. We desire peace with them, and that they should maintain peaceful relations toward each other. If difficulties occur between them and our citizens, or between the members of one tribe and those of another, they should look to the Government for justice and protection and not aggravate evils by resorting to violence and force for the purpose of avenging or redressing their wrongs. It is no less our disposition than our duty to do whatever may be in our power to civilize them and improve their condition, and they should readily yield themselves to all the measures the Government may adopt for that purpose.

A portion of the tribes own or claim the country through which the inland routes pass to Oregon, California, Utah, and New Mexico. Our emigrants make free use of the grass and timber on the routes, and not only destroy much game but disturb and scatter it so as materially to interfere with the success of the Indians in their hunting expeditions, by which they procure their only means of subsistence. For the unrestricted right of way through the country and for the other advantages enjoyed and the injuries committed. by the emigrants, the Indians consider themselves entitled to a reasonable compensation, and have for some time been led to expect it by the promises which have been made on the authority of the Government. These promises have, probably, alone retrained them from the commission of frequent attacks upon the trains and from doing much injury to the emigrants. Justice and good policy,

therefore, alike require that such compensation be made to the Indians as will satisfy their reasonable expectations and conciliate their good will. Money will be of no service, but rather a disadvantage to them, and hence it will be better to stipulate for a consideration to be given to them annually in useful articles of merchandise, stock, and agricultural implements. The deliveries from year to year should be made contingent upon their good conduct, and they should be given clearly to understand that they will be withheld from those who shall have been guilty of infractions of any of the material stipulations of the treaty, particularly those requiring them to maintain peaceful relations with our citizens and with each other, and to apply to the Government in cases of difficulty. An understanding to this effect, formally embodied in a treaty, will no doubt have a powerful restraining influence upon them.

The strongest inducements should be held out to the Indians to resort to agriculture and the raising of stock, as the game, upon which they now entirely rely, is rapidly diminishing and has already become comparatively scarce. The time is near at hand when it will cease to afford them an adequate subsistence, and their condition will then be truly deplorable unless in the meantime they can be persuaded and trained to rely upon and practice the arts of husbandry. Liberal provision should therefore be made for supplying them with farming utensils and stock and for giving them such instruction as will enable them to be benefited thereby.

It is important, if practicable, to establish for each tribe some fixed boundaries, within which they should stipulate generally to reside, and each should agree not to intrude within the limits assigned to another tribe without its consent. If in arranging such boundaries there should be a portion of country not included where it has been their habit to go periodically in pursuit of game, it should be recognized as a neutral ground where all will enjoy equal privileges and have no right to molest or interfere with one another.

The foregoing comprise, I believe, the main objects of the contemplated negotiations, and it is hoped that you will be able to secure and provide for all of them in the treaty or treaties you may succeed in making. You will, of course, include any others that you may ascertain to be of any material importance.

The selection of the delegation to visit the seat of government is left entirely to yourself and Agent Fitzpatrick, and you will therefore determine the whole number and the number from each tribe which it will be expedient and advisable to bring on, as well as the time when it will be best for the visit to take place.

A large quantity of provisions will be required for the Indians assembled during the councils, and presents to a considerable extent will be necessary to conciliate their good will and give them assurance of the friendly disposition of the Government. These, with your other expenses and the cost of bringing on the delegation, will probably absorb the entire appropriation. About $50,000 will be applied to the purchase of goods in New York and the remainder of the appropriation will be advanced and placed in your hands. You are authorized to employ a secretary and such other assistants as may be necessary, but a strict regard to economy should be observed in all your operations.

It is left to you to notify Agent Fitzpatrick of his selection to act with you and when and where to join you.

SIR: I have the honor herewith to transmit a treaty concluded at Fort Laramie, between myself and Agent Fitzpatrick, commissioners on the part of the United States, and the following tribes or nations of the prairie and mountain Indians, viz, Sioux or Dahcotahs, Assenaboins, Arickeras, Gros Ventres, Crows, Cheyennes, and Arrapahoes.

In order to assemble the various, and widely scattered tribes at some suitable point, I dispatched expresses up the Missouri, Arkansas, and Platte Rivers, early in the spring, with such letters and instructions as I deemed best calculated to insure the attendance of the Indians. The point designated by me for holding the council was Fort Laramie, and the time fixed for the 1st of September.

I left St. Louis on the 24th of July, and reached Fort Laramie on the 31st of August, where I found the above-named tribes assembled, and impatiently expecting my arrival. Up to this time, the different tribes had no intercourse with each other, and had remained encamped on both sides of the river some distance apart. I at once called as many of the principal men together as could speedily be assembled, and explained the objects of the proposed treaty. On this occasion I succeeded in prevailing upon them to agree upon a place that should be occupied as a general camping ground during the pendency of the council; this was done with less difficulty than I anticipated, considering the number of conflicting interests among the whites and the jealousies and prejudices among the Indians, that had to be reconciled.

We were 18 days encamped together, during which time the Indians conducted themselves in a manner that excited the admiration and surprise of every one. The different tribes although hereditary enemies, interchanged daily visits, both in their national and individual capacities; smoked and feasted together; exchanged presents, adopted each others' children according to their own customs, and done all that was held sacred or solemn in the eyes of these Indians, to prove the sincerity of their peaceful and friendly intentions—both amongst themselves, and with the citizens of the United States, lawfully residing among them, or passing through the country.

The most important provisions in the accompanying treaty I consider to be the following: First. The right acknowledged and granted on the part of the Indians to the United States to establish roads, military and other posts, throughout the Indian country, so far as they claim or exercise ownership over it. Second. The solemn obligations they have entered into to maintain peaceful relations among themselves and to abstain from all depredations upon the whites passing through the country, and to make restitution for any damage or loss that a white man shall sustain by the acts of their people. Third. The settling up of all former complaints on the part of the Indians for the destruction of their buffalo, timber, grass, etc., caused by the passing of the whites through their country; the presents received at the time were considered as full payment. Fourth. The promised annuity of $50,000 for 50 years, to be delivered in such articles as their changing condition may from time to time require. As this is the only article in the treaty that will cost money to the Government, I will briefly state the reasons by which I was influenced, and the good results which I believe it will ultimately produce.

Fifty thousand dollars for a limited period of years is a small amount to be distributed among at least 50,000 Indians, especially when we consider that we have taken, or are rapidly taking away from them all means of support, by what may be considered a partial occupancy of their soil. On the score of economy, to say nothing of justice or humanity, I believe that amount will be well expended. In the opinions of the best informed persons (who had an opportunity of judging) it will in all probability save the country from the ruinous and useless expenses of a war against the prairie tribes, which would cost many millions, and be productive of nothing but increased feelings of hostility on the part of the Indians, and annoyances and vexation to the Government. The lessons of experience taught us during the Florida war, and which are now being taught us by the Indian wars in New Mexico, all admonish us of the necessity of avoiding Indian wars, if possible. Humanity calls loudly for some interposition on the part of the American Government to save if possible some portion of these ill-fated tribes, and this it is thought can only be done by furnishing them with the means and gradually turning their attention to agricultural pursuits. Without some aid from the Government it will be impossible for them to make an attempt even as graziers. Fifty years, it was thought, would be time sufficient to give the experiment a fair trial, and solve the great problem whether or not an Indian can be made a civilized man.

The laying off of the country into geographical or rather national domains I regard as a very important measure, inasmuch as it will take away a great cause of quarrel among themselves and at the same time enable the Government to ascertain who are the depredators should depredations be hereafter committed. The accompanying map, upon which these national boundaries are clearly marked and defined, was made in the presence of the Indians and fully approved and sanctioned by all. As a map of reference it will be of great service to the department.

Viewing the treaty in all its provision, I am clearly of opinion that it is the best that could have been made for both parties. I am moreover of the opinion that it will be as faithfully observed and carried out in as good faith on the part of the Indians as it will on the part of the United States and the white people thereof. There was an earnest solemnity and a deep conviction of the necessity of adopting some such measures, evident in the conduct and manners of the Indians throughout the whole council. On leaving for their respective homes and bidding each other adieu they gave the stongest possible evidence of their friendly intentions for the future and the mutual confidence and good faith which they had in each other. Invitations were freely given and as freely accepted by each of the tribes to interchange visits, talk, and smoke together like brothers upon ground where they had never before met but for the purpose of scalping each other. This, to my mind, was conclusive evidence of the sincerity of the Indians, and nothing but bad management or some untoward misfortune can ever break it.

SIR: I have the honor to submit herewith, to be laid before the President, a treaty concluded by Superintendent Mitchell and Agent Fitzpatrick with certain mountain and prairie Indians at Fort Laramie on the 17th of September, and a treaty concluded by ex-officio Superintendent Ramsey with the Chippewa Indians, at Pembina, on the 20th of September, 1851, together with copies of the reports accompanying the same, to which for full information concerning said treaties, you are respectfully referred. It may not be improper for me to state that in my judgment, the best interests of the Government require the ratification of these treaties at an early day.

36. 26. Central Sup'y. 37. President United States, May 25, 1851. Refd. from Interior May 26. Enc. treaty made with several tribes at Fort Laramie, with resolution of the Senate, advising its ratification & amendment, to be considered and reported upon. Comr. Reported on and returned May 29, 1852.

SIR: I have the honor to acknowledge the reference to this office of a letter to you from the President, inclosing the treaty concluded at Fort Laramie in September last with certain Indian tribes, together with the resolution of the Senate advising and assenting to the ratification of said treaty with the following amendment: Strike out the words "fifty years" and insert "the term of 10 years, with the right to continue the same, at the discretion of the President of the United States, for a period not exceeding five years thereafter."

The object of the reference, I understand, is to obtain a report on the question propounded in the letter of the President "whether the amendment can be adopted without submitting the treaty again to the Indians for their approval as amended."

The application of a familiar principle seems to me to be decisive of this question. A treaty is a contract. The word has a definite and well understood meaning. Ex vi termini it imports the idea of an agreement, and necessarily implies mutuality of assent. The highest judicial authority has declared that it is to be applied to our Indian tribes in the same sense in which it is applied to the other nations of the earth. The Cherokee Nation v. The State of Georgia (5 Peters). How then can that be considered a contract, a treaty which contains provisions prescribed arbitrarily by one of the parties without even the knowledge of the other? I take it to be clear that to authorize the President to ratify and promulgate a treaty as a part of the supreme law of the land, it must be such according to the well defined legal signification of the word. If there is no treaty there can be no ratification. The language of Mr. Justice Story is as applicable to the case in hand as to any other: "In the event of a partial ratification, the treaty does not become the law of the land until the President and the foreign sovereign have each assented to the modification proposed by the Senate."

I am aware that there are several instances in which Indian treaties have been amended and promulgated as duly ratified without submitting them to the Indians for approval, but how such a proceeding, in view of the legal principles involved, can be considered anything but a mockery of the highest and most solemn form of contract it is difficult to perceive.

It is unfortunate that this question has arisen in connection with this particular treaty. The Indians concerned are wild and savage. They are even now expecting the goods, provisions, etc., promised them the present year. They are in no temper to brook delay, and if an appropriation be not promptly made for furnishing the supplies they are impatiently expecting, they will undoubtedly become hostile and consequences of a most deplorable character must inevitably ensue. However objectionable the treaty may be considered, it is the best the commissioners could obtain, and looking to all the circumstances of the case, I can not but fear that the failure of the Senate to approve it as made will eventuate in serious detriment to the public interests.

The letter of the President, together with the treaty and resolution, are herewith returned.

SIR: The report made by this office to your predecessor, on the 29th May, 1852, purports to be accompanied by the treaty concluded with certain tribes at Fort Laramie, on the 17th September, 1851, and the resolution of the Senate amending the same. No evidence is discovered in this office that the treaty and resolutions have since been returned to its files. I have the honor, therefore, to request, in view of the action designed by the proviso attached to the appropriation made in fulfillment of the seventh article, per act approved March 3, 1853, that. the papers may be transmitted to this office at your earliest convenience.

1853. May 2. Upper Platte, 206. Interior, Department of, May 2, 1853. Transmits for file, until assent of Indians is obtained, the Fort Laramie treaty of 1851, and Senate amendment thereto. Filed.

SIR: You will proceed without unnecessary delay to St. Louis, Mo., where you will report to the Superintendent of Indian Affairs your readiness to enter at once upon the discharge of the important duties now awaiting your attention within your agency.

You are personally acquainted with the recent action of the department in relation to the amount appropriated per act August 30, 1852, "For presents to the Comanches, Kioways, and other Indians on the Arkansas River, and to enable the President to treat with said Indians," and it will be your further duty, after your arrival in St. Louis, to select the provisions to be purchased, and to procure transportation for all the articles designed for these tribes as well as for those within your agency, who are parties to the treaty of Fort Laramie. The Superintendent of Indian Affairs has been directed to assign to you this duty and his attention has been called to the importance of rendering you every facility in his power toward an early departure from the frontier.

Under the provisions of the act approved February 27, 1851, requiring all Indian treaties to be negotiated by officers of this department, you have been selected by the President to conduct the negotiations authorized to be entered into with the Indians on the Arkansas. Your long experience and acquaintance with the character and disposition of the Indian tribes in that region render it unnecessary that I should attempt to give you detailed instructions for your government in the discharge of this important duty. The main objects of the negotiation, however, will be to secure for the Indians a reasonable compensation or annual payment, in goods and provisions, in consideration of their permitting our citizens to pass unmolested through the country which they claim, and for the establishment of military and other posts which it may prove necessary and requisite to place on the lines of travel, with such other guaranteed rights and privileges as in your judgment will be most necessary and expedient.

Every confidence is reposed in your extensive experience and knowledge of the particular service in which you are about to be engaged and it is confidently expected therefore, that you will conduct the negotiation in such manner and incorporate in the treaty such general and specific provisions as, in the exercise of your best judgment and discretion, will best promote the public good. I have recommended to the Secretary of the Interior that the Secretary of War be requested to give suitable directions for detailing one or more officers and a few soldiers from the nearest military post to accompany you and be present at the negotiation with the view to give character and effect to your action on that occasion.

The Superintendent Indian Affairs, at St. Louis, will furnish you with a copy of the treaty entered into, in 1851, with certain tribes at Fort Laramie, and of the amendment made thereto by the Senate, as also the form in which the assent of the Indians should be obtained to the latter; and your attention is specially directed to the proviso contained in the act of appropriation by which it is made a condition, precedent to the delivery of the goods and provisions the present year, that the Indians shall assent to the modifications made by the Senate.

We, the undersigned, chiefs, headmen, and braves of the following-named tribes, viz, Crow Indians, parties to the treaty concluded at Fort Laramie on the 17th day of September, one thousand eight hundred and fifty-one, having had fully explained to us the amendment made to the 7th Article thereof by the Senate of the United States on the 24th of May, 1852, which is in the following words: "Article 7. Strike out the words 'fifty years' and insert: the term of ten years with the right to continue

the same at the discretion of the President of the United States, for a period of not exceeding five years thereafter," do hereby accept and consent to the said amendment or modification of the treaty as aforesaid.

BAT-SAI-ET-SA-KATCHO (his x mark).
BEE-ROOS-US (his x mark).
CHEE-SEE-POOSH (his x mark).
IST-A-NAK-A-SHOOTH (his x mark).
AM-MAH-HACH-BA (his x mark).

I do hereby certify on honor that the foregoing was fully explained to the Crow Tribe of Indians in council assembled and they gave their assent freely and voluntarily in my presence September 18, 1854.

We, the undersigned, chiefs, headmen, and braves of the following-named tribes viz, Cheyennes, Arapahoes, and Sioux of the Platte, parties to the treaty concluded at Fort Laramie, on the 19th day of September, one thousand eight hundred and fifty-one, having had fully explained to us the amendment made to the seventh article thereof by the Senate of the United States on the 24th of May, 1852, which is in the following words: "Article 7. Strike out the words 'fifty years' and insert: the term of ten years with the right to continue the same, at the discretion of the President of the United States, for a period not exceeding five years thereafter," do hereby accept and consent to the said amendment or modification of the treaty as aforesaid.

Cheyennes: Wah a nas (his x mark) Satta (The Man that Walks out), Voh kah (his x mark) yonk com est (White Antelope), Voir titoe oitz (White Cow), Nah ki (his x mark), me iew (Old Bark), Kali vi ah (his x mark) ne oiz (Little Chief), (his x mark) tah be ah (Black leg).

Arapahoes: Neh ni vah (his x mark) se et (The big man), Bah te a qui (his x mark) che (Little Owl).

In presence of: B. Gratz Brown, Wm. W. Bent, John Poisal, Geo. M. Alexander, August Lucien, Geo. Collier.

Arapahoes: Bah keh ni (his x mark) sah Es (the Birds Head), Wo ki neh (his x mark) hah ni (Yellow Bear), Cha Sa (his x mark) ni et (Dirty Face), Ali latch (his x mark) cha (the Bull), Nah ko (his x mark) vas ti (Storm).

Sioux: Mah toe (his x mark) nha you ney (the Bear Erect), Mah Kah toe zah zah (dead), Nahk a (his x mark) pah gi go (Yellow Ears), Mah toe (his x mark) na see (the Standing Bear), Oh hoo (his x mark) lah (the Burnt Man), Chu E nea (his x mark) va lu sa (Eagle Body), Sho (his x mark) tah Smoke), Oa (his x mark) see che (The bad wound), Wam be (his x mark) le wah ka (Medicine Eagle), Tah sho ke (his x mark) ko ke pah (The man afraid of his horses). Kah se (his x mark) lank ka (The Big Crow).

B. Gratz Brown, Secretary; R. B. Garnett, first lieutenant, Sixth Infantry, commanding; H. B. Fleming, second lieutenant, Sixth Infantry; Geo. M. Alexander; G. W. Collier.

We, the undersigned chiefs, headmen, and braves of the following-named tribes, viz, Crows, Assinaboines, Gros Ventres, Mandans, Arrickeras, and Sioux of the Missouri, parties to the treaty concluded at Fort Laramie, on the 17th day of September, one thousand eight hundred and fifty-one, having had fully explained to us

the amendment made to the 7th Article thereof by the Senate of the United States on the 24th of May, 1852, which is in the following words: "Article 7: Strike out the words 'fifty years' and insert: 'the term of ten years, with the right to continue the same, at the discretion of the President of the United States, for a period not exceeding five years thereafter,'" do hereby accept and consent to the said amendment or modification of the treaty as aforesaid.

Sioux: Mah he sah (his x mark) vichis; Padaneapapi, the One Struck by the Ris (his x mark); the wa Kan na gi (his x mark); La Vache de Medecine qui est doux; O hun lu to (his x mark) or Red Fish; Con ha wa ar Ka (his x mark) or Crow Feather.

In presence of: Zephyr (his x mark) Rencontre, interpreter; John Bassaipy; H. Culbertson; John Lowe; W. D. Hodget, jr.; C. Campbell.

Assiniboines: To ka ke oh nan (his x mark); As sim pe (his x mark); Mau to West Ko (his x mark); Eta o Ke nun ci ah (his x mark).

Grosventres: Nai Pecheto a pae (his x mark), the Four Bear; Noctck pit the we pish (his x mark); Scanca now pa (his x mark)), the Two Young Man; Shesh mant ho (his x mark); Chiscun nae peche (his x mark), the Prairie Chicken Bear.

Witnesses: Charles Pateneau, interpreter; John Bassaipy; H. Culbertson; D. A. Constable.

Mandans: Ky ce wat po chy (his x mark, Assiniboine Indian Tribe; Ooong kigh tay (his x mark), Big Hand; Ku ka may shaw (his x mark), Crow Chief.

Witnesses: Andrew Dawson, interpreter; John Bassaipy; James Kipp; D. A. Constable.

Arrickeras : Koon-ough Tay-shan (his x mark), Bear Chief; O-Copi tiby-chase (his x mark), Long Bull; Koonough Naby-nugh (his x mark), Rushing Bear.

Witnesses: Andrew Dawson, interpreter; John Bassaipy; James Kipp; D. A. Constable; Alfred J. Vaughan, Indian agent.

It was determined in the negative	Yeas	12
	Nays	36

It was determined in the negative	Yeas	24
	Nays	25

It was determined in the affirmative	Yeas	35
	Nays	16

It was determined in the affirmative	Yeas	44
	Nays	7