![[INDIAN TREATIES]. An extensive collection of 141 treaties between the United States and many different Indian Tribes. Washington, D.C., 1810-1869. Most folio, various paginations, usually 4-10 pages each, some printed on blue paper. Most in self-wrappers, often string- or ribbon-tied; 42 in individual quarter morocco slipcases.](https://www.christies.com/img/LotImages/2005/NYR/2005_NYR_01614_0220_000(102409).jpg?w=1)
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[INDIAN TREATIES]. An extensive collection of 141 treaties between the United States and many different Indian Tribes. Washington, D.C., 1810-1869. Most folio, various paginations, usually 4-10 pages each, some printed on blue paper. Most in self-wrappers, often string- or ribbon-tied; 42 in individual quarter morocco slipcases.
"THE FUNDAMENTAL DOCUMENTS OF OUR NATIONAL DOMAIN" (Eberstadt)
"In the field of Americana few aspects of the subject compare in interest and importance with that of the relationship between the whites and the Indians, and the treaties which were the written manifestation of that relationship. These treaties, often the result of the white man's greed for lands and gold are, in effect, the fundamental documents of our national domain" (Edward Eberstadt & Sons, 1940).
This extraordinary collection of treaties provides evidence of exactly how frontier settlement and federal policies geared towards land possession resulted in the displacement of the native peoples. Through negotiations with the various tribes, the changing attitude towards the Indians is displayed: first they are held as sovereign nations, then as undeclared enemies, and finally as subject people. The practice of the U.S. government establishing treaties with the Indians began in 1778 and continued for nearly a century. During this period about 370 treaties were negotiated, meaning that the present collection comprises as much as one-third of the total (although many treaties were never separately printed). Treaty-making with the Indians was abandoned with an act of Congress dated March 3, 1871 when the U.S. government ceased to regard tribes as sovereign nations. Thereafter the term "agreement" was substitued for treaty.
The bulk of the treaties come on the heels of the Mexican War, and later the Civil War, which William Goetzmann suggests is not coincidental. "The Mexican War presented new opportunities for exploration in the Southwest, and the army explorers who went out as a result of the conflict returned with new data, and new points of view concerning the West that shaped national policy for years to come." Indeed, many of the treaties here follow the Mexican War and reflect this new policy: "Preliminary to any conflict with Mexico was the necessity for (1) quieting the Indian tribes; (2) locating supply routes to the West; (3) generally reconnoitering the possible battleground to be contested by the two countries" (Goetzmann, Exploration and Empire: The Explorer and the Scientist in the Winning of the American West, Austin, 1993, p. 250).
After the Civil War, the United States Army again faced West, and a horde of prospectors had flooded there too in search of gold. "With civilization came more population and an increasing demand for transportation, and by 1868 at least three railroad projects and several important wagon roads were underway, pushing out across the plains through the buffalo country and into the mountains. Inevitably they clashed with the Indian, brushing him aside, killing his buffalo, reducing his domain, threatening his very existence. As early as 1866, the great Indian wars had begun and the Army was faced with a new kind of conflict--a guerilla war extending over vast distances and every conceivable kind of terrain... In addition, the Indian was not without allies. The Indian agents of the Interior Department who sold him guns and supplies had a certain cynical appreciation of him, and back in the East, groups of prewar Abolitionists turned from the South to the West with a newfound, vocal interest in the redman" (ibid, p. 390). The 1866 treaty concluded by Dennis Cooley and Elijah Sells with the Cherokee Nation extends them amnesty for joining the Confederate States in the Civil War. This treaty extends to no less than 31 articles, the first of which nullifies the Confederate treaty. Other provisions relate to the abolition of slavery in the Nation, setting up land and election districts, crimes, laws, courts and law enforcement, trade and trading posts.
These waves of military and financial migration precipitated the bulk of these treaties, which cover every part of the continental United States save the Northeast. A number were negotiated in Washington, but most on reservations, in the territories, or in military forts. The roster of white negotiators includes such prominent figures as Fitzpatrick, Carson, Ellsworth, Clark, Schoolcraft, Dodge, Palmer, Stevens, Sibley, Leavenworth, Sherman and Terry, all of whom sign as commissioners. The agreements they establish parallel the journeys of exploration and migration, each in some way altering the balance of power and possession on our American lands. The treaty with the Comanches and Wichita of 1836, for example, opens the Santa Fe Trail to commerce, a move with enormous financial implications. The motives of the government were not always wholly self-serving, however, and some of the treaties acknowledge the cost of western settlement, such as in the treaty of 1839 with the Creek, in which the U.S. recognizes the terrible losses to the Creek Nation sustained while emigrating west of the Mississippi.
In virtually every case, the treaties involve a tribe ceding land in one area of a reservation for another, usually smaller and further west. Geographic boundaries are delineated in great detail. All aspects of relations between the United States, its citizens, military and the Indian tribes find their way into these pages, from trade and commerce to the position of military posts and roads, from the uniting of tribes, to the cessation of hostilities between them. Schools are established, and citizenship is in some cases granted. Virtually every major tribe negotiated a treaty with the U.S., including the Apache, Arapaho, Cherokee, Chickasaw, Chippewa, Choctaw, Comanche, Creek, Crow, Delaware, Dwamish, Flathead, Iowa, Kansa, Kickapoo, Kiowa, Menominee, Miami, Navajo, Nez Perce, Osage, Oto, Pawnee, Potawatomi, Sauk, Seneca, Shoshoni, Sioux, Snake, Ute and Winnebago. The results of the treaties were often complicated by the fact that the Indians were slow to understand the relinquishment of land and that members of the tribe were not bound by the promises made by their leaders. Against that was the steady pressure of those migrating West, an independent lot to be sure who were generally indifferent to agreements made with the Indians. The treaties nonetheless illustrate the official policies of the government and when seen together, show the impact on native peoples of the continual geographic expansion of the United States.
The treaties are all RARE, some exceedingly so, printed in small quantities for the use of negotiators and government officials. They are well printed and presented, including one in the Choctaw language. Both Goodspeed's Bookshop in 1939 and Edward Eberstadt & Sons in 1940 issued catalogues of these Indian treaties. Though their dates are beyond the limits set for his bibliography, Sabin includes many of these treaties due to their importance. A complete listing of the entire contents of this lot is available on request. Some of the most important of the treaties are:
[KICKAPOO]. A Treaty Between the United States of America, and the Kickapoo Tribe of Indians. January 10th, 1810. Washington, D.C.: Roger C. Weightman, 1810.
In Senate of the United States. January 11, 1826. The following Treaties were read the first and second times... 19th Congress, 1st Session. "Confidential." Washington, D.C., 1826. These were issued confidentially only to members of the committee dealing with foreign relations. They were not issued as part of the Senate serial set. Includes treaties with the Cheyenne, Mandans, Crow, etc. Provenance: Mr. Woodbury (signature), possibly Levi Woodbury (1789-1851), a Jacksonian known as "The Rock of New England Democracy," governor of New Hampshire, U.S. Senator from New Hampshire (1825-1831), U.S. Supreme Court justice and candidate for the Democratic nomination for President, 1848.
THE VERY RARE 1832 TREATY OF GREEN BAY. Treaty (of Green Bay) between the United States and the Menominee Indians. Concluded October 27, 1832. Ratified March 13, 1833. Washington, 1833. Sabin 96681.
TREATY OF CHICAGO. Treaty (of Chicago) between the United States and the United Nation of Chippewa, Ottowa, and Potawatomie Indians. Concluded September 26, 1833. Ratified February 21, 1835. 15pp. Washington, 1835. The various reservations are outlined, and added schedules provide for numerous individual claims. Rader 3423; Sabin 96692.
[CHEROKEE]. Treaty (of Fort Gibson) between the United States and the Cherokee Nation on Indians, west of the Mississippi. 5pp. Washington, 1834. The Cherokee lands are carefully bounded, a tract of seven million acres, guaranteed to them "forever." Rader 3392; Sabin 96685.
THE SANTA FE TRAIL OPENED TO COMMERCE. Treaty (of Camp Holmes) between the United States and the Comanche and Witchetaw Indians, and their Associated Bands or Tribes of Indians. Concluded August 24, 1835. Ratified May 16, 1838. 8pp. Washington, 1836. The treaty frees the lands of the Great Prairie west of Cross Timber of hunting and trapping, and of more importance, guarantees the right of passage along the Santa Fe Trail without molestation. Rader 3399; Sabin 96697.
WILLIAM CLARK'S FORT LEAVENWORTH TREATY. Treaty (of Fort Leavenworth) between the United States and the Ioway Tribe of Indians and the Band of Sacks and Foxes of the Missouri. Concluded September 17, 1836. Ratified February 15, 1837. 5pp. Washington, 1837. Rader 3402; Sabin 96708.
SCHOOLCRAFT'S TREATY OF DETROIT. Treaty (of Detroit) between the United States and the Chippewa Nation of Indians. Concluded January 14, 1837. Ratified July 2, 1838. 7pp. Washington, 1838. Treaty of cession by the Saginaw Tribe of the Chippewa Nation, concluded at Detroit by Commissioner Henry R. Schoolcraft. Sabin 96716.
REPARATIONS FOR LOSSES SUSTAINED BY THE EMIGRANTS. Treaty (of Fort Gibson) between the United States and the Creek Tribe of Indians. Concluded November 28, 1838. Ratified March 2, 1839. 4pp. The Creek Nations receives reparations for the terrible losses sustained in emigrating west of the Mississippi. It also recognizes the suffering condition of the 2500 Creeks removed to the west as hostiles. Rader 3428; Sabin 96732.
TREATY OF COUNCIL BLUFFS UNITING THE POTAWATOMI. Treaty (of Council Bluffs) between the United States and the Pottowautomi Tribe of Indians. Concluded June 5, 1846. Ratified July 22[-23], 1846. 6pp. Washington, 1846. This unites the Chippewa, Ottawa, Potawatomi of the Prarie, Potawatomi of the Wabash and Potawatomi of Indiana into the Potawatomi Nation. All lands in Iowa, Missouri, Indiana, etc. are ceded to the U.S. in exchange for a tract in the Kansas country. Rader 3440.
PRINTED IN THE CHOCTAW LANGUAGE. United States Micha Chahta Micha Chickasha Aiena Treaty Anampa ai Itim Apesa Tok. Proclaimed Marh 4, 1856. 19pp. Eberstadt noted that it was the only treaty they had seen printed in an Indian language. Rader 3447 note.
ONE OF THE GREAT WESTERN TREATIES. Treaty (of Camp Stevens) between the United States and the Nez Perce Indians. Ratified April 29, 1859. 8pp. Washington, 1859. This treaty cedes lands between the Cascade and Bitter Root Mountains comprising a huge domain in Oregon, Washington, Idaho and Montana.
GOVERNOR STEVENS' AGREEMENT WITH CHIEF SEATTLE. Treaty (or Point Elliott) between the United States and the Dwamish, Suquamish, and other allied and subordinate Tribes of Indians in Washington territory. January 22, 1855. Ratified April 11, 1859. 10pp. Washington, 1859.
APPARENTLY THE FIRST TREATY IN COLORADO: [ARAPAHO and CHEYENNE]. Treaty (of Fort Wise) between the United States and the Arapahoe and Cheyenne Indians of the Upper Arkansas River. Proclaimed December 5, 1861. 9pp. Washington, 1861. This treaty cedes all Cheyenne and Arapaho lands except a reserve along the Purgatory River. Jeb Stuart was among the witnesses. Rader 3464.
RAILWAY ROUTE TO THE PIKE'S PEAK GOLD MINES. Treaty (of Kickapoo) between the United States and the Kickapoo Tribe of Indians. Proclaimed May 28, 1863. 11pp. Washington, D.C., 1863. Arranges for the survey of the Indian Reservation and the privilege of purchase in favor of the Atchison & Pike's Peak Railroad Company, building "westerly in the direction of the gold mines in Colorado Territory." Rader 3466.
THE ACQUISITION OF SOUTHWESTERN COLORADO. Treaty (of Tabequache Agency) between the United States and the Tabequache Band of Utah Indians. Concluded October 7, 1863, with Amendments. Proclaimed December 14, 1864. 10pp. Washington, 1864. Ceding southwestern Colorado but retaining an area to the west of the Rio Grande del Norte extending some 80 miles into Colorado and about 60 miles south into New Mexico.
THE FAMOUS SIOUX TREATIES OF FORT SULLY. The complete set of 9 treaties, 1865-66, stipulating a cessation of hostilities and depredations by the various bands, and their withdrawal from the overland routes established or to be established through their country.
THE CHEROKEE TREATY OF AMNESTY: Treaty between the United States and the Cherokee Nation of Indians. Concluded July 19, 1866. Proclaimed August 11, 1866. 15pp. Washington, 1866. This treaty extends amnesty to the Cherokee Nation which had joined the Confederate States. Not in Rader and very rare. (141)
"THE FUNDAMENTAL DOCUMENTS OF OUR NATIONAL DOMAIN" (Eberstadt)
"In the field of Americana few aspects of the subject compare in interest and importance with that of the relationship between the whites and the Indians, and the treaties which were the written manifestation of that relationship. These treaties, often the result of the white man's greed for lands and gold are, in effect, the fundamental documents of our national domain" (Edward Eberstadt & Sons, 1940).
This extraordinary collection of treaties provides evidence of exactly how frontier settlement and federal policies geared towards land possession resulted in the displacement of the native peoples. Through negotiations with the various tribes, the changing attitude towards the Indians is displayed: first they are held as sovereign nations, then as undeclared enemies, and finally as subject people. The practice of the U.S. government establishing treaties with the Indians began in 1778 and continued for nearly a century. During this period about 370 treaties were negotiated, meaning that the present collection comprises as much as one-third of the total (although many treaties were never separately printed). Treaty-making with the Indians was abandoned with an act of Congress dated March 3, 1871 when the U.S. government ceased to regard tribes as sovereign nations. Thereafter the term "agreement" was substitued for treaty.
The bulk of the treaties come on the heels of the Mexican War, and later the Civil War, which William Goetzmann suggests is not coincidental. "The Mexican War presented new opportunities for exploration in the Southwest, and the army explorers who went out as a result of the conflict returned with new data, and new points of view concerning the West that shaped national policy for years to come." Indeed, many of the treaties here follow the Mexican War and reflect this new policy: "Preliminary to any conflict with Mexico was the necessity for (1) quieting the Indian tribes; (2) locating supply routes to the West; (3) generally reconnoitering the possible battleground to be contested by the two countries" (Goetzmann, Exploration and Empire: The Explorer and the Scientist in the Winning of the American West, Austin, 1993, p. 250).
After the Civil War, the United States Army again faced West, and a horde of prospectors had flooded there too in search of gold. "With civilization came more population and an increasing demand for transportation, and by 1868 at least three railroad projects and several important wagon roads were underway, pushing out across the plains through the buffalo country and into the mountains. Inevitably they clashed with the Indian, brushing him aside, killing his buffalo, reducing his domain, threatening his very existence. As early as 1866, the great Indian wars had begun and the Army was faced with a new kind of conflict--a guerilla war extending over vast distances and every conceivable kind of terrain... In addition, the Indian was not without allies. The Indian agents of the Interior Department who sold him guns and supplies had a certain cynical appreciation of him, and back in the East, groups of prewar Abolitionists turned from the South to the West with a newfound, vocal interest in the redman" (ibid, p. 390). The 1866 treaty concluded by Dennis Cooley and Elijah Sells with the Cherokee Nation extends them amnesty for joining the Confederate States in the Civil War. This treaty extends to no less than 31 articles, the first of which nullifies the Confederate treaty. Other provisions relate to the abolition of slavery in the Nation, setting up land and election districts, crimes, laws, courts and law enforcement, trade and trading posts.
These waves of military and financial migration precipitated the bulk of these treaties, which cover every part of the continental United States save the Northeast. A number were negotiated in Washington, but most on reservations, in the territories, or in military forts. The roster of white negotiators includes such prominent figures as Fitzpatrick, Carson, Ellsworth, Clark, Schoolcraft, Dodge, Palmer, Stevens, Sibley, Leavenworth, Sherman and Terry, all of whom sign as commissioners. The agreements they establish parallel the journeys of exploration and migration, each in some way altering the balance of power and possession on our American lands. The treaty with the Comanches and Wichita of 1836, for example, opens the Santa Fe Trail to commerce, a move with enormous financial implications. The motives of the government were not always wholly self-serving, however, and some of the treaties acknowledge the cost of western settlement, such as in the treaty of 1839 with the Creek, in which the U.S. recognizes the terrible losses to the Creek Nation sustained while emigrating west of the Mississippi.
In virtually every case, the treaties involve a tribe ceding land in one area of a reservation for another, usually smaller and further west. Geographic boundaries are delineated in great detail. All aspects of relations between the United States, its citizens, military and the Indian tribes find their way into these pages, from trade and commerce to the position of military posts and roads, from the uniting of tribes, to the cessation of hostilities between them. Schools are established, and citizenship is in some cases granted. Virtually every major tribe negotiated a treaty with the U.S., including the Apache, Arapaho, Cherokee, Chickasaw, Chippewa, Choctaw, Comanche, Creek, Crow, Delaware, Dwamish, Flathead, Iowa, Kansa, Kickapoo, Kiowa, Menominee, Miami, Navajo, Nez Perce, Osage, Oto, Pawnee, Potawatomi, Sauk, Seneca, Shoshoni, Sioux, Snake, Ute and Winnebago. The results of the treaties were often complicated by the fact that the Indians were slow to understand the relinquishment of land and that members of the tribe were not bound by the promises made by their leaders. Against that was the steady pressure of those migrating West, an independent lot to be sure who were generally indifferent to agreements made with the Indians. The treaties nonetheless illustrate the official policies of the government and when seen together, show the impact on native peoples of the continual geographic expansion of the United States.
The treaties are all RARE, some exceedingly so, printed in small quantities for the use of negotiators and government officials. They are well printed and presented, including one in the Choctaw language. Both Goodspeed's Bookshop in 1939 and Edward Eberstadt & Sons in 1940 issued catalogues of these Indian treaties. Though their dates are beyond the limits set for his bibliography, Sabin includes many of these treaties due to their importance. A complete listing of the entire contents of this lot is available on request. Some of the most important of the treaties are:
[KICKAPOO]. A Treaty Between the United States of America, and the Kickapoo Tribe of Indians. January 10th, 1810. Washington, D.C.: Roger C. Weightman, 1810.
In Senate of the United States. January 11, 1826. The following Treaties were read the first and second times... 19th Congress, 1st Session. "Confidential." Washington, D.C., 1826. These were issued confidentially only to members of the committee dealing with foreign relations. They were not issued as part of the Senate serial set. Includes treaties with the Cheyenne, Mandans, Crow, etc. Provenance: Mr. Woodbury (signature), possibly Levi Woodbury (1789-1851), a Jacksonian known as "The Rock of New England Democracy," governor of New Hampshire, U.S. Senator from New Hampshire (1825-1831), U.S. Supreme Court justice and candidate for the Democratic nomination for President, 1848.
THE VERY RARE 1832 TREATY OF GREEN BAY. Treaty (of Green Bay) between the United States and the Menominee Indians. Concluded October 27, 1832. Ratified March 13, 1833. Washington, 1833. Sabin 96681.
TREATY OF CHICAGO. Treaty (of Chicago) between the United States and the United Nation of Chippewa, Ottowa, and Potawatomie Indians. Concluded September 26, 1833. Ratified February 21, 1835. 15pp. Washington, 1835. The various reservations are outlined, and added schedules provide for numerous individual claims. Rader 3423; Sabin 96692.
[CHEROKEE]. Treaty (of Fort Gibson) between the United States and the Cherokee Nation on Indians, west of the Mississippi. 5pp. Washington, 1834. The Cherokee lands are carefully bounded, a tract of seven million acres, guaranteed to them "forever." Rader 3392; Sabin 96685.
THE SANTA FE TRAIL OPENED TO COMMERCE. Treaty (of Camp Holmes) between the United States and the Comanche and Witchetaw Indians, and their Associated Bands or Tribes of Indians. Concluded August 24, 1835. Ratified May 16, 1838. 8pp. Washington, 1836. The treaty frees the lands of the Great Prairie west of Cross Timber of hunting and trapping, and of more importance, guarantees the right of passage along the Santa Fe Trail without molestation. Rader 3399; Sabin 96697.
WILLIAM CLARK'S FORT LEAVENWORTH TREATY. Treaty (of Fort Leavenworth) between the United States and the Ioway Tribe of Indians and the Band of Sacks and Foxes of the Missouri. Concluded September 17, 1836. Ratified February 15, 1837. 5pp. Washington, 1837. Rader 3402; Sabin 96708.
SCHOOLCRAFT'S TREATY OF DETROIT. Treaty (of Detroit) between the United States and the Chippewa Nation of Indians. Concluded January 14, 1837. Ratified July 2, 1838. 7pp. Washington, 1838. Treaty of cession by the Saginaw Tribe of the Chippewa Nation, concluded at Detroit by Commissioner Henry R. Schoolcraft. Sabin 96716.
REPARATIONS FOR LOSSES SUSTAINED BY THE EMIGRANTS. Treaty (of Fort Gibson) between the United States and the Creek Tribe of Indians. Concluded November 28, 1838. Ratified March 2, 1839. 4pp. The Creek Nations receives reparations for the terrible losses sustained in emigrating west of the Mississippi. It also recognizes the suffering condition of the 2500 Creeks removed to the west as hostiles. Rader 3428; Sabin 96732.
TREATY OF COUNCIL BLUFFS UNITING THE POTAWATOMI. Treaty (of Council Bluffs) between the United States and the Pottowautomi Tribe of Indians. Concluded June 5, 1846. Ratified July 22[-23], 1846. 6pp. Washington, 1846. This unites the Chippewa, Ottawa, Potawatomi of the Prarie, Potawatomi of the Wabash and Potawatomi of Indiana into the Potawatomi Nation. All lands in Iowa, Missouri, Indiana, etc. are ceded to the U.S. in exchange for a tract in the Kansas country. Rader 3440.
PRINTED IN THE CHOCTAW LANGUAGE. United States Micha Chahta Micha Chickasha Aiena Treaty Anampa ai Itim Apesa Tok. Proclaimed Marh 4, 1856. 19pp. Eberstadt noted that it was the only treaty they had seen printed in an Indian language. Rader 3447 note.
ONE OF THE GREAT WESTERN TREATIES. Treaty (of Camp Stevens) between the United States and the Nez Perce Indians. Ratified April 29, 1859. 8pp. Washington, 1859. This treaty cedes lands between the Cascade and Bitter Root Mountains comprising a huge domain in Oregon, Washington, Idaho and Montana.
GOVERNOR STEVENS' AGREEMENT WITH CHIEF SEATTLE. Treaty (or Point Elliott) between the United States and the Dwamish, Suquamish, and other allied and subordinate Tribes of Indians in Washington territory. January 22, 1855. Ratified April 11, 1859. 10pp. Washington, 1859.
APPARENTLY THE FIRST TREATY IN COLORADO: [ARAPAHO and CHEYENNE]. Treaty (of Fort Wise) between the United States and the Arapahoe and Cheyenne Indians of the Upper Arkansas River. Proclaimed December 5, 1861. 9pp. Washington, 1861. This treaty cedes all Cheyenne and Arapaho lands except a reserve along the Purgatory River. Jeb Stuart was among the witnesses. Rader 3464.
RAILWAY ROUTE TO THE PIKE'S PEAK GOLD MINES. Treaty (of Kickapoo) between the United States and the Kickapoo Tribe of Indians. Proclaimed May 28, 1863. 11pp. Washington, D.C., 1863. Arranges for the survey of the Indian Reservation and the privilege of purchase in favor of the Atchison & Pike's Peak Railroad Company, building "westerly in the direction of the gold mines in Colorado Territory." Rader 3466.
THE ACQUISITION OF SOUTHWESTERN COLORADO. Treaty (of Tabequache Agency) between the United States and the Tabequache Band of Utah Indians. Concluded October 7, 1863, with Amendments. Proclaimed December 14, 1864. 10pp. Washington, 1864. Ceding southwestern Colorado but retaining an area to the west of the Rio Grande del Norte extending some 80 miles into Colorado and about 60 miles south into New Mexico.
THE FAMOUS SIOUX TREATIES OF FORT SULLY. The complete set of 9 treaties, 1865-66, stipulating a cessation of hostilities and depredations by the various bands, and their withdrawal from the overland routes established or to be established through their country.
THE CHEROKEE TREATY OF AMNESTY: Treaty between the United States and the Cherokee Nation of Indians. Concluded July 19, 1866. Proclaimed August 11, 1866. 15pp. Washington, 1866. This treaty extends amnesty to the Cherokee Nation which had joined the Confederate States. Not in Rader and very rare. (141)