Delaware at Delaware Agency, Kansas (1866)
In 1866 the Delaware agreed to leave Kansas for Indian Territory and let the Interior Secretary sell their remaining reservation, mainly to a railroad.
- Signed
- July 4, 1866
- Senate
- Ratified
- Land given up
- about 48,000 acres
- Promises
- 0 of 1 broken or only partly kept
What happened
What happened
On July 4, 1866, at the Delaware Agency in Kansas, U.S. officials Thomas Murphy, John G. Pratt and William H. Watson signed articles of agreement with Delaware chiefs Captain John Connor, Captain Sarcoxie and Charles Journeycake and four councillors. The preamble says Congress had made it the President's duty "to provide by treaty for the removal of the Indian tribes from the State of Kansas." It says the Delawares "have expressed a wish" to move to the Indian country between Kansas and Texas. It also says the Missouri River Railroad Company wanted to buy the reservation in a body.
Article 2 let the Secretary of the Interior sell the rest of the reservation to that company, or other responsible buyers, for not less than $2.50 an acre, not counting improvements. Adult Delawares who had allotments could choose, "free from all restraint," to dissolve their tribal relations and become U.S. citizens, and their lands were held out of the sale.
Article 4 had the United States sell the Delawares land in the Indian country, ceded by the Choctaw and Chickasaw, Creek or Seminole, up to 160 acres for each person who moved. The Delawares were to pay for it from the Kansas sale proceeds. Article 5 guaranteed them peaceable possession and protection from hostile Indians. Article 1 also required the United States to secure the full value of land already sold to the Leavenworth, Pawnee and Western Railroad. The sources here do not give the Delawares' own account or events after removal.
What was promised, and what happened
- Not known
Guarantee the Delawares peaceable possession of their new home and protection from hostile Indians. (Art. 5)
The United States guarantee to the said Delewares peaceable possession of their new home
treaties.okstate.edu
Good to know. That the Delawares "expressed a wish" to move is the treaty's own wording.
Summarized with AI assistance from 4 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
Well supported by the sources below.
to provide by treaty for the removal of the Indian tribes from the State of Kansas
Tribal Treaties Database (Oklahoma State University): Treaty with the Delawares, 1866for a price not less than two dollars and fifty cents per acre, exclusive of improvements
Tribal Treaties Database (Oklahoma State University): Treaty with the Delawares, 1866to be paid for by the Delawares out of the proceeds of sales of lands in Kansas
Tribal Treaties Database (Oklahoma State University): Treaty with the Delawares, 1866The United States guarantee to the said Delewares peaceable possession of their new home
Tribal Treaties Database (Oklahoma State University): Treaty with the Delawares, 1866
Research notes. This account draws on the treaty text only. The preamble says the Delawares 'expressed a wish' to remove, in a treaty made under a law directing the removal of tribes from Kansas; the text does not say more about how freely that wish was formed. No Delaware source is cited.
What the treaty did to the land
About 48,000 acres given up. Each shape is a numbered area in the federal government’s 1899 record of land cessions.
ceded to the United Statesabout 48,000 acres
Land of the Delaware in Kansas, ceded 1866 (area 488)
Kept by the Delaware as their Kansas reserve in 1854, partly sold in 1860, and the rest sold to the Missouri River Railroad Company in the 1866 treaty.
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.
- 1854
Land kept
About 48,000 acres set aside as a reservation for the Delaware
By Delaware at Washington, DC (1854)
- 1860
Land lost
Part of the land ceded by the Delaware
By Delaware at Sarcoxieville, Delaware Reservation, Kansas Territory (1860)
- 1866
This treaty
About 48,000 acres ceded to the United States by the Delaware
In 1866 the Delaware agreed to leave Kansas for Indian Territory and let the Interior Secretary sell their remaining reservation, mainly to a railroad.
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.
Who is doing the work
This history belongs to living nations. Start with them:
Working with these nations
- Stockbridge-Munsee Community (Band of Mohican Indians) Nation government 372 acres on Monument Mountain's north slope (finalized Apr 2025; $2.5M, $2.26M state grant)
Native legal and land defense, nationally
- Native American Rights Fund (NARF) Native-led Litigation and legal advocacy for tribal sovereignty, treaty rights, land and resources Give on their site Website
- NDN Collective (LANDBACK Campaign) Native-led LANDBACK campaign (launched 2020; Mount Rushmore closure and return of Black Hills public lands), Indigenous… Give on their site Website
- Indian Land Tenure Foundation (ILTF) Native-led Land recovery and control by tribes and individual Indian landowners Website
- Decolonizing Wealth Project (Indigenous Earth Fund; California Tribal Land Return) Native-led Reparative philanthropy Give on their site Website
Gifts go straight to each organization; this atlas takes nothing. Listing is not endorsement: how organizations are listed.
Sources
Sources
- treaties.okstate.edu/treaties/treaty-with-the-delawares-1866-0937reference work
Treaty with the Delawares, 1866 July 4, 1866. | 14 Stats., 793.
Shapes are approximate and are not legal descriptions of land, title or jurisdiction.