Whereas the Congress of the United States of America, being anxious to promote and direct commercial and friendly intercourse between the citizens of the United States and those of the Mexican Republic, and, to afford protection to the same, did, at their last session, pass an act, which was approved the 3d March, 1825, “To authorize the President of the United States to cause a road to be marked out from the Western frontier of Missouri to the confines of New Mexico,” and which authorizes the President of the United States to appoint Commissioners to carry said act of Congress into effect, and enjoins on the Commissioners, so to be appointed, that they first obtain the consent of the intervening tribes of Indians, by treaty, to the marking of said road, and to the unmolested use thereof to the citizens of the United States and of the Mexican Republic; and Benjamin H. Reeves, Geo. C. Sibley, and Thomas Mather, Commissioners duly appointed as aforesaid, being duly and fully authorized, have this day met the Chiefs and Head Men of the Great and Little Osage Nations, who being all duly authorized to meet and negotiate with the said Commissioners upon the premises, and being especially met for that purpose, by the invitation of said Commissioners, at the place called Council Grove, on the river Nee-o-zho, one hundred and sixty miles southwest from Fort Osage have, after due deliberation and consultation, agreed to the following treaty, which is to be considered binding on the said Great and Little Osages from and after this day:
The Chiefs and Head Men of the Great and Little Osages, for themselves and their nations, respectively, do consent and agree that the Commissioners of the United States shall and may survey and mark out a road, in such manner as they may think proper, through any of the territory owned or claimed by the said Great and Little Osage Nations.
The Chiefs and Head Men, as aforesaid, do further agree that the road authorized in article 1, shall when marked, be forever free for the use of the citizens of the United States and of the Mexican Republic, who shall at all times pass and repass thereon, without any hindrance or molestation on the part of the said Great and Little Osages.
The Chiefs and Head Men as aforesaid, in consideration of the friendly relations existing between them and the United States, further promise, for themselves and their people, that they will, on all fit occasions, render such friendly aid and assistance as may be in their power, to any of the citizens of the United States, or of the Mexican Republic, as they may at any time happen to meet or fall in with on the road aforesaid.
The Chiefs and Head Men, as aforesaid, do further consent and agree that the road aforesaid shall be considered as extending to a reasonable distance on either side, so that travellers thereon may, at any time, leave the marked track, for the purpose of finding subsistence and proper camping places.
In consideration of the privileges granted by the Chiefs of the Great and Little Osages in the three preceding articles, the said Commissioners on the part of the United States have agreed to pay to them, the said Chiefs, for themselves and their people, the sum of five hundred dollars; which sum is to be paid them as soon as may be, in money or merchandise, at their option, at such place as they may desire.