1875 Treaty Transcription
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Blackfeet Agency April 23rd 1875.
Generous Woman
Blackfeet Agency Montana
Code of Laws
adopted by
Blackfeet, Blood,
Piegan Indians
in Council
April 23rd, 1875
John S. Wood
U.S. Indian Agent
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At a council of the Blackfeet, Blood, and Piegan tribes of Indians, held at the Blackfeet Agency, Montana Territory on the 20th, 21st, 22nd, and 23rd days of April A.D. 1875, an election of Chiefs was had and the following Code of Laws adapted.
The Council opened with a prayer and songs to the Divine Father, the Indians all kneeling.
The meeting was called to order by Agent John S. Wood who commenced by saying: "That before commencing any great and good work, we have been taught by the Word of the Great Spirit to invoke his blessings: and all we have said and done would be heard and remembered by him and we would be held accountable. If we did not intend to live up to our pledges we had better not make them. We meet here as one family to elect Chiefs and make laws. For many years you have been without unity, without a head chief and without laws, roaming over the prairies in small, unfriendly if not hostile bands, killing each other under the influence of Whiskey. During the past year you have killed one hundred and thirty one of your own people through whisky. I want you to elect a head chief who does not drink whiskey and who will care for you and control his people."
The following Chiefs were present at this Council
Head Chiefs
"Little Plume", "White Calf", "Generous Woman"
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Headmen of Bands:
White-cow-on-hill-side, - Test-buffalo-horse. - Running-crane.- Big-swan, - Big-chief, - Rising-head, - Big-stone, - Lodge-pole-chief, - Screaming-owl, - Four-bears, - Red-paint, and One-who-pulls-the-sun-down.
After deliberation and voting, the council declared Little Plume elected head chief by a unanimous vote, and Generous Woman and White Calf subordinate chiefs by a like vote.
Whereupon they adopted the following Code of Laws for the government and welfare of their people, pledging themselves in the presence of the Great Spirit to obey and enforce them.
Art. 1st. The head chief and two subordinate head chiefs, together with the Agent, shall constitute a tribunal for the trial of any Indian or Indians charged with a breach of the laws; provided however, that in case of the absence of any of the chiefs, a quorum of two of the aforesaid chiefs with the agent shall be competent to try offences and enforce the laws.
Art. 2nd. If any Indian shall kill another, he shall be arrested and tried, and if found guilty of murder, shall be hanged by the neck until he
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is dead; but in case of an Indian Killing, a white man or woman, he shall be arrested and given in custody to the civil authorities.
Art. 3rd. If any Indian shall threaten to Kill another, he shall be arrested and tried, and if found guilty, shall be punished by a fine of horses, robes or peltries, or imprisoned as the tribunal may determine and impose.
Art. 4th. If any Indian shall steal form another, or attempt to steal, he shall be arrested and tried, and if found guilty, shall be punished by fine of horses, robes, peltries or imprisoned. As the tribunal may determine and impose; but in case of an Indian stealing from a white man, he shall be given in custody to the civil authorities.
Art. 5th. If any Indian shall strike, beat or bruise another in anger, he shall be arrested and tried, and if found guilty, shall be punished by a fine of horses, robes, or peltries or imprisoned as the tribunal may determine; but in case of an Indian striking a white man, he shall be given in custody to the civil authorities.
Art. 6th. If any Indian shall strike, beat or abuse his wife, or any female relation or other woman in a cruel or brutal manner, he shall
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upon conviction be fined or imprisoned as the tribunal may determine and impose.
Art. 7th. If any Indian shall take to himself more than one wife from and after the adoption of these laws, he shall upon conviction thereof be punished by fine or imprisonment as the tribunal may determine and impose.
Art. 8th. If any Indian shall have carnal knowledge of any woman by force, he shall upon conviction thereof be punished by fine or imprisonment as the tribunal may determine and impose.
Art. 9th. If any Indian shall sell his daughter, wife, mother, sister or other woman to any Indian or white man, he shall upon conviction, thereof, be punished by such fine or imprisonment as the tribunal may determine and impose, and the woman thus sold shall be freed and no claim be made upon her by reason of such sale or bargain.
Art. 10th. Every Indian accused of any crime or breach of the foregoing laws shall be arrested by the chiefs or Agent or those acting under their orders, and shall be tried and convicted by the
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tribunal before any fine or punishment is imposed.
Art. 11th. If any horses belonging to white men be found by any Indians belonging to these tribes, such horse or horses shall be given in charge to the Agent, and should any Indian conceal or sell such horse or horses he shall, upon conviction, thereof be fined and punished as the tribunal may determine, and given in custody to the civil authorities.
Art. 12th. If any Indian or other person receive or keep any rations from the Government shall buy sell, or keep, or shall cause to be bought or sold or kept, any spirituous or intoxicating liquor, or who shall use the same shall, upon conviction thereof be punished by such fine and imprisonment as the tribunal may determine and impose and shall in all proper cases be given in custody to the civil authorities.
Art. 13th. The tribunal shall have power vested in them to inflict punishment and fine in any case that to those may seem proper but such punishment shall not be barbarous or cruel, or endanger life.
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In testimony of our free will and determination to maintain and enforce the foregoing laws, we hereby sign our [unreadable] on behalf of ourselves and people.
Little Plume, his X mark, Head Chief
Generous Woman, his X mark, and
White Calf, his X mark, Subordinate Head Chiefs
White-cow-on-hill-side, his X mark
Fast-buffalo-horse, his X mark
Big-Swan, his X mark
Boy-chief, his X mark
Rising-head, his X mark
Big-stove, his X mark
Lodge-pole-chief, his X mark
Screaming-owl, his X mark
Four-bears, his X mark
Red-paint, his X mark
One-who-pulls-the-sun-down, his X mark
Three-medicine, his X mark
Dog-Chief , his X mark
Crow-Flag, his X mark
Middle Bull, his X mark
The-man-walks-among, his X mark
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Whereas we the Chiefs and Head Men of the Piegan Nation and Chiefs and Head Men of the Assiniboine Indians in council convinced believing it for our mutual good that we establish relations of Amity and friendship with ourselves and between our respective tribes and believing also that it will be agreeable to the will of the Great Spirit as well as [unreadable] our Father the President of the United States do hereby bind ourselves and the people of our tribes, now and here after as follows Viz.
This agreement shall be known as the Ft. Benton Treaty of 1874 between the Piegan Indians of Blackfeet Agency and the Assiniboine Indians of the Ft. Belknap Special Agency.
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Article II We will engage in no warlike or hostile acts against each other.
III We will not kill any one of our respective tribes. We will not steal horses or any other property from each other.
IV We pledge ourselves to return any horses or other property that in any event may here after be stolen by parties found by this treaty from the other contracting tribe to the proper owner or owners on the demand of our respective Agents.
V We extend to each other cordial consent to hunt and camp upon the territory assigned to us respectively and all meetings that may by chance occur upon the prairie shall be friendly.
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VI We find ourselves and our people respectively that in case any act be committed in violation of any of these articles of agreement we will produce the offender or offenders for such punishment as our respective Agents deem proper and in case of our failure to so produce the party or parties submit our tribe to such punishment as our Father the President with the assistance of his soldiers sees fit to inflict.
VII In evidence of our good faith we have this the sixteenth day of May Eighteen hundred and seventy-four caused our names and marks to be here to appended
Piegans
Cut Hand, his X mark, Head Chief
White Calf, his X mark, Chief
The Boy, his X mark, Chief
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Lodge Pole, his X mark, Chief
Little Plume, his X mark, Chief
Running Crane, his X mark, Head Man
Crow Mountain, his X mark, Chief Head Man
Assinaboines
The Shell, his X mark, Chief
Little Chief, his X mark, Chief
Little Beaver, his X mark, Head Soldier
Bouier, his X mark, Head Man
Michell, his X mark, Head Man
Witness to Signatures
[unreadable] Agent Fort Belknap M.T.
[unreadable] Agent Blackfeet & others
Alex Culbertson Interpreter
Isador Sandevar Interpreter
Charles A. Booth 2nd Lieutenant 7th Infantry
DV Buck