the jurisdiction of the United States as well as under its protection were the Navahos and the Utes.1 Each tribe, by treaty, agreed that "the people of the United States. of America shall have free and safe passage through the territory of the aforesaid Indians, under such rules and regulations as may be adopted by authority of the said states." The Utes, in addition, pledged themselves "to cease the roving and rambling habits which have hitherto marked them as a people and to support themselves by their own industry, aided and directed as it may be by the wisdom, justice, and humanity of the American people."

By the year 1851 it had become imperatively necessary to reach an understanding with the powerful nations flanking and containing the overland routes then being used by white emigrants in the North, and so a treaty with them was negotiated. In it they granted "the right of the United States government to establish roads, military and other posts, within their respective territories," and in return the Federal government bound itself "to protect the aforesaid Indian nations against the commission of all depredations by the people of the said United States." In the following year the Apache acknowledged themselves to be under the laws, jurisdiction and government of the whites, and declared that "the people of the United States of America shall have free and safe passage through the territory of the aforesaid Indians."3 The Comanche, Kiowa and Apache, in 1853, gave the United States the right "to lay off and mark out roads for highways" within their territories; promised to abstain from

1 By treaties dated September 9, 1849, and December 3, 1849, respectively. On September 17. The native signatory peoples were the Sioux, Dacota, Cheyenne, Arapaho, Crows, Assiniboin, Grosventres, Mandan and Arikara.

Treaty of July 1, 1852.

346. Many who started across the continent, or to an intermediate destination, never finished the journey. After a few years every mile beyond Missouri was dotted with the whitening bones of beasts that had fallen, and with mounds that marked the graves of men. Comparatively few travellers were killed by natives, but many succumbed to accident and to natural illness aggravated by exposure and hardship.

levying contributions on, or molesting whites who were lawfully residing in or passing through their countries; agreed to render assistance to such travellers as needed relief, and to facilitate their safe passage. In consideration for the roads thus permitted, and for "the losses which they may sustain by reason of the travel of the people of the United States through their territories," and for other reasons, the white government agreed to pay $180,000 and to "protect and defend the Indian tribes, parties hereto, against the committal of any depredations upon them, and in their territories, by the people of the United States."

It had already been realized that a transcontinental railroad was destined to be built in the near future, and governmental anticipation in that regard soon afterward became visible in the treaty stipulations providing for Caucasian travel through the West. Article XIV of an agreement with the Omaha, in 1854,1 provided that necessary roads, highways and railroads which might be constructed on their lands "shall have a right of way through the reservations, a just compensation being paid therefor in money." The Shawnees gave a similar permission a few weeks later, agreeing that all roads and highways laid out by authority of the law should have right of way through their lands, and that railroads might have like privileges, "on payment of a just compensation therefor in money." Still another tribe that made an identical concession during the same year was the Kickapoo, which gave railways a right of way through their "permanent home" as defined in the treaty. The Choctaws and Chickasaws took identical action in behalf of future railroads at the urging of the United States in 1855,* and also conceded that telegraph lines might be built in their territories.

3

The year 1855 witnessed the drawing up of an important convention with the Blackfeet and Flathead nations of the Northwest. Article VIII said that "for the purpose of establishing thoroughfares through their country . . the United States may, within the countries respectively occupied and claimed by them, construct roads of every description." For this and allied. privileges the government agreed to pay $350,000. The

1 Dated March 16.

2 By the treaty of May 10, 1854.

3 That of May 18, 1854. By this treaty the Kickapoo gave up a territory allotted to them as a permanent home in 1852.

'June 22.

Yankton Sioux, in 1858, also agreed that the whites might make roads across their country.

A treaty with the eastern Shoshoni, of Utah, reestablished friendly relations between that tribe and the whites in 1863,1 and much of its text related to the subject of the overland travel then in progress or in prospect. It said in Article II: "The several routes of travel through the Shoshone country, now or hereafter used by white men, shall be and remain forever free and safe for the use of the government of the United States, and of all emigrants and travellers under its authority and protection . . . and the safety of all travellers passing peaceably over said routes is hereby guaranteed by said nation.” The same article provided for the establishment of ferries and inns. Article III said: "The telegraph and overland stage lines having been established and operated through a part of the Shoshonee country, it is expressly agreed that the same may be continued without hindrance, molestation, or injury from the people of said nation; and that their property, and the lives of passengers in the stages, and of the employees of the respective companies, shall be protected by them." For these concessions the government paid $200,000, and an additional $10,000 for "the inconvenience resulting to the Indians in consequence of the driving away and destruction of game along the routes travelled by whites." Substantially identical treaties, for the same purpose, were negotiated during the same year with the Northwestern Shoshoni and the western Shoshoni. The first named of these tribes was paid an annuity of $5,000 for its signatures, and the second received no less than $1,000,000, divided in twenty