The Black Hawk War Including a Review of Black Hawk's Life

by Frank Everett Stevens

Art. 4. The United States will never interrupt the said tribes in the possession of the lands, which they rightfully claim, but will, on the contrary, protect them in the quiet enjoyment of the same against their own citizens and against all other white persons, who may intrude upon them. And the said tribes do hereby engage that they will never sell their lands, or any part thereof, to any sovereign power but the United States, nor to the citizens or subjects of any other sovereign power, nor to the citizens of the United States.

Art. 5. Lest the friendship, which is now established between the United States and the said Indian Tribes should 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, complaint shall be made by the party injured to the other by the said tribe, or either of them, to the superintendent of Indian affairs, or one of his deputies; and by the superintendent, or other person appointed by the President, to the Chiefs of the said tribes. 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 state or territory where the offence may have been committed. And, in like manner, if any robbery, violence or murder shall be committed on any Indian, or Indians, belonging to the said tribes, or either of them, the person or persons so offending shall be tried, and, if found guilty, punished in the like manner as if the injury had been done to a white man. And, it is farther agreed, that the chiefs of the said tribes shall, to the utmost of their power, exert themselves to recover horses or other property which may be stolen from any citizen or citizens of the United States by any individual or individuals of their tribes. And the property so recovered shall be forthwith delivered to the superintendent or other person authorized to receive it that it may be restored to the proper owner. And in cases where the exertions of the chiefs shall be ineffectual in recovering the property stolen, as aforesaid, if sufficient proof can be obtained, that such property was actually stolen by any Indian or Indians belonging to the said tribes, or either of them, the United States may deduct from the annuity of the said tribes, a sum equal to the value of the property which has been stolen, And the United States hereby guarantee to any Indian or Indians of the said tribes 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.

Art. 6. If any citizen of the United States, or any other white person, should form a settlement, upon the lands which are the property of the Sac and Fox tribes, upon complaint being made thereof, to the superintendent, or other person having charge of the affairs of the Indians, such intruders shall forthwith be removed.

Art. 7. As long as the lands which are now ceded to the United States remain their property, the Indians belonging to the said tribes shall enjoy the privilege of living and hunting upon them.

Art. 8. As the laws of the United States regulating trade and intercourse with the Indian tribes are already extended to the country inhabited by the Sauks and Foxes, and as it is provided by those laws, that no person shall reside as a trader, in the Indian country, without a license, under the hand and seal of the Superintendent of Indian Affairs, or other person appointed for the purpose by the President, the said tribes do promise and agree that they will not suffer any trader to reside amongst them without such license, and that they will, from time to time, give notice to the Superintendent, or to the Agent, for their tribes, of all the traders that may be in their country.

Art 9. In order to put a stop to the abuses and impositions, which are practiced upon the said tribes by the private traders, the United States, will, at a convenient time, establish a trading house, or factory, where the individuals of the said tribes can be supplied with goods at a more reasonable rate than they have been accustomed to procure them.

Art. 10. In order to evince the sincerity of their friendship and affection for the United States, and a respectful deference for their advice, by an act which will not only be acceptable to them, but by the Common Father of all the nations of the Earth, the said tribes do, hereby solemnly promise and agree that they will put an end to the bloody war which has heretofore raged between their tribes and those of the great and little Osages. And for the purpose of burying the tomahawk and renewing the friendly intercourse between themselves and the Osages, a meeting of their respective Chiefs shall take place, at which, under the direction of the above named Commissioner, or the Agent of Indian affairs residing at St. Louis, an adjustment of all their differences shall be made and peace established, upon a firm and lasting basis.

Art. 11. As it is probable that the Government of the United States will establish a Military Post at, or near the mouth, of the Ouisconsing River, and as the land on the lower side of the River may not be suitable for that purpose, the said tribes hereby agree, that a Fort may be built, either on the upper side of the Ouisconsing, or on the right bank of the Mississippi, as the one or the other may be found most convenient; and a tract of land not exceeding two miles square, shall be given for that purpose. And the said tribes do further agree, that they will at all times, allow to traders and other persons traveling through their country, under the authority of the United States, a free and safe passage for themselves and their property of every description. And that for such passage, they shall at no time, and on no account whatever, be subject to any toll or exaction.

Art. 12. This Treaty shall take effect and be obligatory on the contracting parties, as soon as the same shall have been ratified by the President, by and with the advice and consent of the Senate of the United States.

In testimony whereof, the said William Henry Harrison, and the Chiefs and headmen of the said Sac and Fox tribes, have hereunto set their hands and affixed their seals. Done at Saint Louis, in the district of Louisiana, on the third day of November, One Thousand Eight Hundred and Four, and of the independence of the United States the Twenty-Ninth.