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Treaty

Maha (Omaha) at Fort Atkinson, Council Bluffs (1825)

On 6 October 1825 at Fort Atkinson, the Maha (Omaha) acknowledged United States supremacy and agreed to licensed trade.

Signed
October 6, 1825
Senate
Ratified
Promises
0 of 1 broken or only partly kept

What happened

On 6 October 1825, at Fort Atkinson, Council Bluffs, Brigadier General Henry Atkinson and Major Benjamin O'Fallon, Indian agent, signed a treaty for the United States with the chiefs, head men and warriors of the Maha tribe. The Oklahoma State database files it as a treaty with the Makah, but the text says Maha, meaning the Omaha. Among the signers was Opa-ton-ga, the big elk, a principal chief of the Omaha.

In Article 1 of the treaty, the Maha tribe admit that they live within the territorial limits of the United States, acknowledge its supremacy, and claim its protection, and they admit the right of the United States to regulate all trade and intercourse with them. In return the United States agrees to receive them into its friendship and under its protection, and to extend such benefits and acts of kindness as the President thinks convenient, just and proper.

Trade is to happen only at places the President designates, and only American citizens the United States has authorized may trade with them. The United States agrees to license traders under mild and equitable regulations; the tribe agrees to protect those traders and to arrest unauthorized outsiders. For injuries by individuals there is to be no private revenge. Chiefs must deliver accused persons to be punished under United States law, and try to recover stolen horses. The United States guarantees indemnity if its own citizens steal from them and the property cannot be recovered. The tribe also promises never to supply guns or ammunition to any nation not in amity with the United States.

The treaty cedes no land. The page lists a proclamation on 6 February 1826.

What was promised, and what happened

  • Not known

    Receive the tribe into friendship and protection and extend such benefits as the President thinks proper. (Art. 2)

    extend to them, from time to time, such benefits and acts of kindness as may be convenient treaties.okstate.edu

Good to know. Kappler and the Oklahoma State database title this a treaty with the Makah, but the text names the Maha tribe, the Omaha. Big Elk, an Omaha chief, signed it.

Summarized with AI assistance from 6 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error

What the sources say, and how this was checked

Supported by the sources below; some details rest on one source.

  1. acknowledge their supremacy, and claim their protectionTreaty with the Makah Tribe (text: Maha), 1825, Tribal Treaties Database
  2. none but American citizens, duly authorized by the United States, shall be admitted to trade or hold intercourse withTreaty with the Makah Tribe (text: Maha), 1825, Tribal Treaties Database
  3. no private revenge or retaliation shall take placeTreaty with the Makah Tribe (text: Maha), 1825, Tribal Treaties Database
  4. the said Maha tribe of Indians, on behalf of their tribeTreaty with the Makah Tribe (text: Maha), 1825, Tribal Treaties Database
  5. Returning to Fort Atkinson at the "Council Bluff" in Nebraska, successful negotiations were had with the Otoe , the Pawnee and the Omahahttps://en.wikipedia.org/wiki/Henry_Atkinson_(soldier)
  6. Big Elk , also known as Ontopanga (1765/75–1846/1848), was a principal chief of the Omaha tribe for many years on the upper Missouri Riverhttps://en.wikipedia.org/wiki/Big_Elk

Research notes. The protection and 'benefits' promise is conditioned on what the President finds 'convenient' and 'just and proper'; delivery was not traced. The text records the commissioners' view only, not the tribe's own account. The database labels this treaty 'Makah', but the text names the 'Maha tribe', the Omaha; signers include Opa-ton-ga, the big elk, a principal chief of the Omaha.

What happened next

Everything the record holds about this land and this treaty, in order: what earlier agreements said, what this one did, and what the United States, the courts and the nations did afterwards.

Who is doing the work today

The nations connected to this treaty come first, then groups returning land and defending treaty rights. Support goes directly to them.

This history belongs to living nations. Start with them:

Native legal and land defense, nationally

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Sources

  1. treaties.okstate.edu/treaties/treaty-with-the-makah-tribe-1825-0260reference work
    Oct. 6, 1825. | 7 Stat., 282. / scan: 260 TREATY WITH THE MAKAR TRIBE, 1825.

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