Some mention of Elk County Indian Land was made on another thread.
Here is some background on the Indian land in Elk County.
Elk County land was never directly involved with Osage tribal negotiations. One could, however, argue indirect involvement because the proceeds received by the federal government for sale of vacant Elk County federal land sold to settlers after June 1, 1875, went to the Osage. Prior to that date, Howard County existed.
Howard County consisted of Osage and Cherokee owned land. An Act of 1866 ceded the Cherokee portion of Howard and the other southern Kansas counties over to the federal government. This cede was the famous Cherokee Strip. Because of an error made by Congress, many thought the Cherokee Strip to be in what is now Oklahoma but it was actually in Kansas.
The Act of July 15, 1870, legally opened Howard and the other Osage counties for settlement, even though the white man had been illegally intruding and living for years.
Going back even further, under an Act of 1808, the Osage were given almost one-half the present day Kansas land area, which actually included about 25 miles of land east of the western Missouri Territory boundary, including what is now Kansas City. What the Osage did not own in Kanzas, the Kanza tribe to their north owned. Prior to the 1808 treaty, the Osage were living in what is now Missouri and Arkansas. Sometime in the 1600s, the Osage were forced west by other tribes out of the Ohio River valley.
Another treaty in 1825 reduced the Osage to the area of what would later become several counties along the southern Kansas border, including Howard County. This land was 50 miles north to south and 250 miles in length and extended west to Mexico, of which a good part of southwest Kansas was then a part. The U.S. promised this revised reservation to the Osage forever. The land in Kanzas given up by the Osage under this treaty was to make room for over twenty Indian tribes moved into Kanzas from the eastern United States.
Under the Act of July 15, 1870, the Osage received compensation from the Federal government for the land in Kansas they gave up. The compensation was through the sale of their land at $1.25 an acre. As a result, Osage tribal leaders had to travel into Indian Territory and select and buy new land from a tribe already there. They purchased Cherokee owned land directly south of Howard County and began moving there in late 1870.
There were no treaties negotiated with the Osage or any other American Indian tribe after 1868. The Senate refused to provide agreement to a federally negotiated 1868 Duck Creek (Montgomery County) Osage treaty and as a result the federal government ceased negotiating treaties with an Indian nation.
Thanks, very interesting.
Waldo, that's interesting info about the former owners of Elk County.
Regarding the area of land under the 1825 treaty, the 50 miles north and South did not include the Cherokee Strip. The South line of the Osage land was adjacent to the Cherokee Strip which ran along the Southern line of KS. The west line of the Osage land is located about four (4) miles west of Dodge City.
At the beginning of the War Between The States, the Osage and the Confederate States of America (CSA) had an agreement that should the South win the war, the Osage land would become the 14th Confederate State. Instead the north won the war and like Waldo said, the Osages gave up their Kansas land and moved to Indian Territory, now Oklahoma. Imagine - Elk County was almost Confederate.
Osage Tribe members served in the Confederate army. Black Dog II and Augustus Captain are two that come to mind. Both were Captains in the 1st Osage Battalion CSA under General Stand Watie in Indian Territory.
The western end of the Osage reservation was at the 100th Meridian west near the future Dodge City. At the time of the 1825 treaty in what is now southwest Kansas, both the United States and Kanzas ended at that location and Mexico began.
The north boundary line of the Osage land went thru present day Dodge City. You should be able to see on the map where the north
boundary line meets the west line near "Sears" located west of Dodge.
Map:
http://msrmaps.com/image.aspx?T=2&S=14&Z=14&X=127&Y=1305&W=2&qs=%7chowell%7cks%7c
Not sure where we are going with this but the 100th meridian west runs north and south through the middle of what is now Dodge City.
By a treaty of 1819 with Spain, the United States ended in this area at the 100th meridian west, which is where the western edge of the Osage reservation had to end. By the same treaty, Indian Territory in what is now Oklahoma also had to end at the 100th meridian west.
The map you provided shows the northern boundary of an "Old Indian Treaty Boundary" ending just west of Dodge City, which would be west of the 100th meridian.
An August 1947 issue of the Kansas Historical Quarterly says that "the western line of the Osage reservation, directed to be located on the 100th meridian, and still shown on all maps, was mislocated by the early surveyors a mile and a -half west of Fort Atkinson."
Although not established until after the Mexican-American War, Fort Atkinson, according to a Ford County web site was two miles west of Dodge City.
As Bill O'Reilly would say: I will let you have the last word.
Thanks for pointing out the 100th Meridian and that the USGS mapping is incorrect.
Until now, I'd always relied upon the USGS map for the western Osage boundary line.
It seems to me that the USGS map has the western Osage boundary 6 miles west
of the 100th Meridian. That about right?
The 1905-1906 Standard Atlas of Ford County has the west Osage boundary line situated west of Dodge City too.
It would be interesting to see where the boundary line is on the early survey maps made in the 1870's.
Neither the Spearville 1889 or Dodge 1890 topos show any Indian Treaty line. Of course these two maps join each other directly on the 100th meridian.
http://www.lib.utexas.edu/maps/topo/kansas/txu-pclmaps-topo-ks-spearville-1889.jpg
http://www.lib.utexas.edu/maps/topo/kansas/txu-pclmaps-topo-ks-dodge-1890.jpg
Interesting maps for that period of time.
It would be handy if the early (1870's) township survey maps were on line.
The map links I have been posting are to the University of Texas (at Austin) Library, which has an extensive historic map collection, and has gone to great lengths and expense to put them up on the web for all to view. Many other libraries, historic preservation societies, and government agencies have extensive map collections but lack the financial and cyber resources to get them scanned, stored on a server and published into the online public domain.
Sadly, Elk County's surveyors maps and notes went up in flames in 1906. This is true of many other counties also. At least some of Chautauqua County's still exist, as they were made available to Pat and Jack Fletcher who have done extensive research and published at least three books on the Cherokee Trail. Also known as Evan's Trail, it crossed what is now Elk and Chautauqua County (as well as Montgomery and Butler) on its route from Tahlequah, OK to a junction with the Santa Fe Trail just east of present-day McPherson, KS.
This trail has been nearly lost to history, yet was the route thousands took from NW Arkansas and the Cherokee Nation to reach the more established Santa Fe Trail and then proceed to multiple points west of the Rockies from 1848 till the end of the Civil War.
By coincidence, I was able to check the 26S-25W survey map dated 1868.
The North Boundary Line of the Osage lands is shown to extend west of present-day Dodge City
to the West line of Section 30-26S-25W. Dodge City is not shown on the map since Dodge City
did not exist in 1868. The same boundary is shown on the modern USGS topo mapping.
Not enough time to check for the West line of the Osage lands on the 26S-26W map but expect
the West line to be present on the 1868 mapping just like it is on the present day topo mapping.
Will check 26S-26W at the next opportunity and advise.
Thank you for sharing this interesting topic!
A more in-depth, scholarly article from 1938 on the removal of the Osages from the Diminshed Reserve to their new home, present Osage County, OK:
http://www.kshs.org/p/kansas-historical-quarterly-removal-of-the-osages-from-kansas-1/12753
http://www.kshs.org/p/kansas-historical-quarterly-removal-of-the-osages-from-kansas-2/12762
Also, I keep coming across this sentence, usually in early 1900's histories of Montgomery County. Does anyone have anything to add related to:
QuoteIn order to obtain a "squatter's claim" the settler had to secure the consent of the Indians, which, by a treaty made in the Upper Elk valley in 1869, was to be had on payment of $5 for a prairie claim and $10 for one in the timber.
Every settler was a squatter until he processed his claim with a US Land Office, but it was not legal to file a claim on land that belonged to the Indians.
The Trust Land was opened as a result of an 1865 treaty signed by the President in early 1867. After that date, the settlers were legal in that area.
The Diminished Reserve was not open to settlers until July 15, 1870,, but the settlers came long before that while ignoring the fact the land belonged to someone else.
The Osage tribe and the Osage Indian Agent could not stop them so according to some stories the tribe began charging rental. The Cedar Vale history book and a Chautauqua County history book mention that some early settlers in those areas paid $5 to live peacefully in Howard County. But many of the settlers got by without paying, especially in Howard County. A book by Louis F. Burns says the Bureau of Indian Affairs required that the white intruders pay land rental to the Osage and says the record of payments is on file at the Fort Worth, Texas, records center.
Don't know of an 1869 treaty on the upper Elk and doubt if one exists.
The last treaty signed by the Osage was in 1868 and that treaty was never approved by the Senate. That treaty was negotiated on the Verdigris at Drum Creek (not Duck Creek as I once stated) rather than the Elk. It was the last treaty negotiated by the US with any Indian tribe.