War of 1812 Era · 1808

Treaty with the Great and Little Osages, 1808

ID T-0045

Date 1808-11-10

Articles 1

Instrument Note

Parties

United States and the Great and Little Osage Nations

Context

Executed November 10, 1808 at Fort Clark, Missouri Territory. The first Osage treaty in this volume. The Osage occupied the territory west of the Mississippi in present-day Missouri and Kansas. The Louisiana Purchase had brought the United States into contact with the Osage, who had been the dominant military and economic power in the central plains for generations.

Significance

The Great and Little Osage ceded their claims to territory in present-day Arkansas and Missouri east of a specified line. The U.S. established a factory trading house in their territory. In exchange: annuity goods, a mill, and farming implements — the standard 'civilization' consideration package. The instrument is notable as the westernmost treaty in this volume, extending the cession framework into the Louisiana Purchase territory for the first time.

Legal Observation

The Osage were not a defeated nation when they signed this treaty. They were economically and militarily dominant in their region. The cession was a political transaction — the Osage accepting the U.S. framework in exchange for exclusive access to U.S. trade goods and tools that would maintain their competitive advantage over neighboring nations. The asymmetry was different in character from the Ohio valley cessions, where military defeat was the background condition.

TREATY WITH THE PIANKESHAWS. 1805. Dove on Mount Dexter, in Pooshapukanuk, in the Chaktaw country, this sixteenth day of November, in the year of our Lord, one thou- sand eight hundred and five, and of the Independence of the United States of America the thirtieth. JAMES ROBERTSON, "T SILAS DINSMOOR, 'j Commissioners. Great Medal Mingoes. Tooteehooma, Pukshunnubbee, Hoosheehooma, Mingo Hoomastubbee, Een A. 2d, Pooshamattaha. Robert M-Clave, Chiefs and Warriors. Tuskeamingo, Ookchummee, Hattukubbeehooluhta, "l'uskimiubbee, Fishoommastubbee, James Perry, Anoguaiah, Levi Perry, Lewis Lucas, Isaac Perry, James Pitchlynn, William Turnbull, Panshee Eenanhla, John Carnes, Pansheehoomubbee, WITNESSES PRESENT AT SIGNING AND SEALING :—Thomas Augustine Claiborne, Secretary to the Commission. John M-Kee. Samuel Mitchell, United States’ agent to the Chickasaws. William Colbert, of the Chickasaws. Lewis Ward. Charles Juzan. Garrud E. Nelson. David Chote. Nathaniel Folsom. Mdl. Mackey. Lewis Leflo. John Pitchlynn, United States’ Interpreter. Will. Tyrrell, Assistant Inter- preter. To the Indian names are subjoined a mark and seal. Between the United States of America and the Piankishaw tribe of Indians. Articies of a treaty made at Vincennes, in the Indiana territory, between William Henry Harrison, governor of the said territory, super- intendant of Indian affairs, and commissioner plenipotentiary of the United States, for concluding any treaty or treaties which may be found necessary with any of the Indian tribes north west of the Ohio, of the one part, and the chiefs and head men of the Piankishaw tribe, of the other part. Art. I. The Piankishaw tribe cedes and relinquishes to the United States for ever, all that tract of country (with the exception of the re- servation hereinafter made) which lies between the Wabash and the tract ceded by the Kaskaskia tribe, in the year one thousand eight hun- dred and three, and south of a line to be drawn from the north west corner of the Vincennes tract, north seventy eight degrees west, until it intersects the boundary line which has heretofore separated the lands of the Piankeshaws from the said tract ceded by the Kaskaskia tribe. Arr. IL. The United States take the Piankishaw tribe under their immediate care and patronage, and will extend to them a protection as effectual as that which is enjoyed by the Kaskaskia tribe; and the said Piankishaw tribe will never commit any depredations or make war upon any of the other tribes without the consent of the United States.

Source: U.S. Statutes at Large, Vol. VII. Edited by Richard Peters, Esq. Boston: Charles C. Little and James Brown, 1846. Reprinted by Dennis & Co., Inc., Buffalo, N.Y., 1962. Source lines 10076–10149.