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Agreement Drawn Up by
James A. Garfield,
Special Commissioner
Flathead Ind. Agency, Jocko Reservation
August 27th, 1872
"1872 Garfield Agreement"
Articles of Agreement made this twenty-seventh day of August, A.D., One thousand, Eight Hundred and Seventy Two between James G. [sic] Garfield, Special Commissioner, authorized by the Secretary of the Interior, to carry into execution the provisions of the Act approved June 5th, 1872 for the removal of the Flathead and other Indians from the Bitter Root valley, of the first part, and Charlot, first Chief, and Arlee, second Chief, and Adolphe, third Chief, of the Flatheads, of the second part.Witnesseth:Whereas it was provided in the 11th Article of the Treaty concluded at Hell Gate, July 16, 1855,and ratified by the Senate, March 8th, 1859, between the United States and the Flathead, Kootenai and
Pend d’Oreille Indians, that the President should cause the Bitter Root Valley above the Lolo Fork to be
surveyed and examined, and if in his judgement it should be found better adapted to the wants of the
Flathead tribe as a reservation for said tribe, it should be set apart and reserved – and
Whereas the President did on the 11th day of November, 1871, sign his order setting forth thatthe Bitter Root Valley had been carefully surveyed and examined in accordance with said treaty, and did
declare the “it is therefore ordered that all Indians residing in said Bitter Root Valley be removed as soon
as practicable to the Jocko Reservation, and that a just compensation be made for improvements made
by them in the Bitter Root Valley, and
Whereas, the act of Congress above recited, approved June 5th, 1872 makes provision for suchcompensation. Therefore it is hereby agreed and covented by the parties to this instrument:
First – That the party of the first part shall cause to be erected Sixty good and substantialhouses, twelve feet by sixteen each (if so large a number shall be needed for the accommodation of the
tribe). Three of the said houses, viz: for the first, second and third chiefs of said tribe, to be double the
size mentioned above. Said houses to be placed on such portion of the Jocko Reservation not already
occupied by other Indians, as said Chiefs may select.
Second – that the Superintendent of Indian Affairs for Montana Territory, shall cause to bedelivered to said Indians six hundred (600) bushels of wheat, the same to be ground, without cost to
said Indians into flour, and delivered to them during the first year after their removal, together with
such potatoes and other vegetables as can be spared from the Agency farm.
Third – that said Superintendent shall, as soon as practicable, cause suitable portions of land tobe enclosed and broken up for said Indians, and shall furnish them with sufficient number of agricultural
implements for the cultivation of their grounds.
Fourth – that in carrying out the foregoing agreement, as much as possible shall be done at theAgency by the employees of the government, and none of such labor, or materials or provisions
furnished from the Agency shall be charged as money.
Fifth – the whole of the Five Thousand Dollars, in money, now in the hands of the saidSuperintendent, apportioned for the removal of said Indians, shall be paid to them in such form as their
Chiefs shall determine, except such portion as is necessary expended in carrying out the preceeding
portions of this agreement.
Sixth – that there shall be paid to said tribe of Flathead Indians, the further sum of FiftyThousand Dollars, as provided in the second section of the act above recited, to be paid in ten annual
installments in such manner and material as the President may direct – and no part of the payments
herein promised shall in any way affect or modify the full right of said Indians to the payments and
annuities now and hereafter due them under existing Treaties.
Seventh – It is understood and agreed that this contract shall in no way interfere with the rightsof any member of the Flathead Tribe to take land in the Bitter Root Valley, under the 3 Section of the act
above recited.
Eighth – And the party of the second part, hereby agree, that when the houses have been built,as provided in the first clause of this agreement, they will remove the Flathead tribe to said houses
(except such as shall take land in the Bitter Root Valley in accordance with the 3rd Section of the act
above recited) and will thereafter occupy the Jocko Reservation as their permanent home.
But nothing in this agreement shall deprive said Indians of their full right to hunt and fish in any Indiancountry where they are now entitled to hunt and fish under existing treaties. Nor shall anything in this
agreement be so construed, as to deprive any of said Indians, so removing to the Jocko Reservation,
from selling all their improvements in the Bitter Root Valley.
Arlee + Second Chief of Flatheads
his mark ----------------------------
Adolphe + Third Chief
his mark ----------------------------
Witnesses:
W. H. Clagett G. A. Viall
D. G. Swaim B. F. Potts, Governor
J. d’Aste
I certify that I interpreted fully and carefully the foregoing contract to three Chiefs of the Flatheads.
Baptiste + Robwanen
his mark --------------------------
Witnesses to Signature
D. G. Swaim
B. F. Potts, Governor
J. d’Aste
/s/ James A. Garfield
Special Com. for the
Removal of the Flatheads
from the Bitter Root Valley
his mark ----------------------------
Last Update: 8/24/2016
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