restricted access 71. House Debate on Treaty-Making Power, June 18, 1868
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113 being built along the Platte River and westward to the Pacific Ocean, and they will not in future object to the construction of railroads, wagon-roads, mail-stations, or other works of utility or necessity, which may be ordered or permitted by the laws of the United States. But should such roads or other works be constructed on the lands of their reservation, the Government will pay the tribe whatever amount of damage may be assessed by three distinterested commissioners to be appointed by the President for that purpose, one of said commissioners to be a chief or head-man of the tribe. 7th. They agree to withdraw all opposition to the military posts or roads now established south of the North Platte River, or that may be established, not in violation of treaties heretofore made or hereafter to be made with any of the Indian tribes. Article 12. No treaty for the cession of any portion or part of the reservation herein described which may be held in common shall be of any validity or force as against the said Indians, unless executed and signed by at least three-fourths 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 the tribe of his rights to any tract land selected by him, as provided in article 6 of this treaty. Article 13. The United States hereby agrees to furnish annually to the Indians the physician, teachers, carpenter, miller, engineer , farmer, and blacksmiths 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 to employ such persons. Article 14. It is agreed that the sum of five hundred dollars annually, for three years from date, 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 15. The Indians herein named agree that when the agency-house or other buildings shall be constructed on the reservation named, they will regard said reservation their permanent home, and they will make no permanent settlement elsewhere; but they shall have the right, subject to the conditions and modifications of this treaty, to hunt, as stipulated in Article 11 hereof. Article 16. The United States hereby agrees and stipulates that the country north of the North Platte River and east of the summits of the Big Horn Mountains shall be held and considered to be unceded Indian territory, and also stipulates and agrees that no white person or persons shall be permitted to settle upon or occupy any portion of the same; or without the consent of the Indians first had and obtained, to pass through the same; and it is further agreed by the United States that within ninety days after the conclusion of peace with all the bands of the Sioux Nation, the military posts now established in the territory in this article named shall be adandoned, and that the road leading to them and by them to the settlements in the Territory of Montana shall be closed. Article 17. It is hereby expressly understood and agreed by and between the respective parties to this treaty that the execution of this treaty and its ratification by the United States Senate shall have the effect, and shall be construed as abrogating and annulling all treaties and agreements heretofore entered into between the respective parties hereto, so far as such treaties and agreements obligate the United States to furnish and provide money, clothing, or other articles of property to such Indians and bands of Indians as become parties to this treaty, but no further. . . . [Charles J. Kappler, ed., Indian Affairs: Laws and Treaties, 2:998–1003.] 71. House Debate on Treaty-Making Power June 18, 1868 When the commissioner of Indian affairs negotiated a treaty with the Osage Indians in Kansas in 1868, by which a railroad corporation was to receive the lands ceded by the Indians, members of the House of Representatives strongly objected. They argued that such alienation of lands instead of returning them to the public domain was wrong. They further denied that the treaty-making power could be used for such purposes. It 114 was in large part this kind of opposition on...


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