Huntington Free Library Native American Collection CORNELL UNIVERSITY LIBRARY CORNELL UNIVERSITY LIBRARY 3 1924 104 078 054 "r; The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924104078054 A. COMPILATION OF ALL THE TREATIES BETWEEN THE UNITED STATES AND THE INDIAN TRIBES NOW IN FORCE AS LAWS. PREPAKED UNDER THE PROVISIONS OF THE ACT OF CONGRESS, AP- PROVED MARCH 3, 1873, ENTITLED "AN ACT TO PROVIDE FOR THE PREPARATION AND PRESENTATION TO CONGRESS OF THE REVISION OF THE LAWS OF THE UNITED STATES, CON- SOLIDATING THE LAWS RELATING TO THE POST- ROADS, AND A CODE RELATING TO MILI- TARY OFFENSES, AND THE REVISION OF TREATIES WITH THE INDIAN TRIBES NOW IN FORCE." WASHINGTON: GOVEBNMENT PRINTING OFFICE. .1'8 73. INDEX TO COMPILATION OF TREATIES BETWEEN THE UNITED STATES AND THE INDIAN TRIBES. Page. Allied tribes in Washington Territory. Treaty proclaimed April 11, 1859 378 Aiia-da-ca. Treaty proclaimed March 8, 1847 306 Apaches. Treaty proclaimed February 12, 1854 309 August 25, 1858 312 May 26,1866 128 Apalaohioolas. Treaty proclaimed February 13, 1833 3 April 12, 1834 4 Eelinquiahmeut of certain lands by 5 Arrapahoes. Treaty proclaimed February 2, 1867 122 May 26, 1866 128 August 19, 1868 129 Arrapahoes, Northern. Treaty proclaimed August 25, 1868 136 Ash-kum Wee-saw, chief Pottawatomies. Treaty proclaimed February 18, 1837 715 Aub-ba-naub-ba's band, Pottawatomies. Treaty proclaimed May 25, 1836 709 B. Blackfeet. Treaty proclaimed April 25, 1856 7 March 17,1866 •. 11 February 24, 1869 914 lilack River Band of Chippewas. Treaty proclaimed May 23, 1856 227 June 21, 1856 233 July 9, 1860 228 August 16,1866 237 Blanchard's Creek, Ottawas of. Treaty proclaimed December 21, 1814 1032 Blanchard's Fork of the Great Auglaize, Ottowas residing on. Treaty proclaimed April 6, 1832 590 Blanchard's Fork and Eoche de Boeuf, United Bands of Ottowas. Treaty proclaimed April 6, 1832 590 July 28, 1862 599 October 14, 1868 839 Bannacks. Treaty proclaimed February 24, 1869 931 Belantse-etoa. Treaty proclaimed February 6, 1826 13 Big Spring, Crawford County, Ohio, Wyandots of. Treaty proclaimed April 6, 1832 1030 133 I T 1058 Page. Blood. Treaty proclaimed April 25, 1856 7 Bois Forte Ijand of Chippewaa. Treaty proclaimed April 26, 1866 241 Broad Leaf, Sioux of the. Treaty proclaimed December 30, 1816 -- 870 Brul6 band of Sioux. Treaty proclaimed February 24, 1869 914 C. Caddo. Treaty proclaimed February 2, 1836 15 March 8, 1847 306 Cahokia. Treaty proclaimed January 5, 1819 395 February 13, 1833 396 Callapooias. Treaty proclaimed April 10, 1855 18 March 30, 1855 977 Calapooia band of Calapooias. Treaty proclaiined April 10, 1855 18 Canada, Seven Nations of. Treaty proclaimed January 31, 1797 852 Cam-o-za, chief Pottawatomies. Treaty proclaimed March 16, 1835 705 Capote tribe of Utes. Treaty proclaimed November 6, 1868 981 Cayugas. Treaty concluded October 23, 1784 922 June 9, 1789 9^3 Treaty proclaimed January 21, 1795 , 925 April 4, 1840 .- 553 Cayuses. Treaty proclaimed April 11, 1859 987 Chafau band of Calapooias. Treaty proclaimed April 10, 1855 18 Chastas. Treaty proclaimed April 10, 1855 23 Clackamas tribe of Calapooias. Treaty proclaimed April 10, 1855 18 Certain chiefs and braves, Sioux. Treaty proclaimed June 15, 1838 878 Che-cose's only son, Wau-we-ka, chief Pottawatomies. Treaty proclaimed June 4, 1836 708 Chee-ohaw-kose, chief Pottawatomies. Treaty proclaimed February 18, 1837 ^ 715 Che-luk-i-ma-uke band of Calapooias. Treajiy proclaimed April 10, 1853 18 Che-larare-la band of Calapooias. Treaty proclaimed April 10, 1855 18 Chem-a-kum tribe of S'Klallams. Treaty proclaimed April 29, 1859 , 800 Chem-a-pho band of Calapooias. Treaty proclaimed April 10, 1855 18 Chep-en-a-pho band of Calapooias. Treaty proclaimed April 10, 1855 18 Che-quaw-ka-ko, chief Pottawatomies. Treaty proclaimed February 18, 1837 711 Cherokees. Treaty concluded November 22, 1785 25 Treaty proclaimed February 7, 1792 28 January 21, 1795 31 Treaty concluded October 2, 1798 32 Treaty proclaimed May 17, 1804 30 I '. '..'....i'."'.'.!"]!!I 38 April22, 1807 41 -. 39 1059 Page. Cherokees — Continued. Treaty ratified AprU 8, 1816 42 Aprils, 1816 42 Treaty proclaimed December 30, 1816.. 44 December 26, 1817 45 March 10, 1819 50 May 28, 1828 ^... 56 April 12,1834 61 May 19, 1836 303 May 23, 1836 65 May 23, 1836 ■. 77 August 17, 1846 79 July 10, 1866 85 April 27,1868 97 Cheyennes. Treaty proclaimed February 2, 1867 122 May 26, 1866 128 August 19, 1868 129 Cheyennes, Northern. Treaty proclaimed August 25, 1868 136 Creeks. Treaty proclaimed August 13, 1790 100 January 11, 1803 100 January 24, 1806 101 April 4, 1832 101 April 12, 1834 102 March 2, 1839 104 August 28, 1856 104 August 11, 1866 ; 114 August 19, 1868 , 129 Chlppewas. Treaty proclaimed December 2, 1795 ■. 184 April 24, 1806 ...: 190 January 27, 1808 192 March 3, 1809 194 Treaty ratified December 26, 1815 196 Treaty proclaimed December 30, 1816 150 January 4, 1819 197 January 4, 1819 1033 March 25, 1820 141 March 2, 1821 143 March 8, 1821 605 February 6, 1826 155 February 27, 1827 , 144 June 15, 1828 149 January?, 1829 160 February 23, 1829 209 January2, 1830 161 March 25, 1832 1.52 February21, 1835 ' ^. 164 February 21,1835, (supplementary) 176 May 27, 1836 606 July 2, 1838 244 March 2, 1839, (supplementary) 249 March 3, 1838 250 March 2, 1838 2,51 March 28, 1843 217 July 22, 1846 181 April?, 1848 212 April 7, 1848 221 January29, 1855 222 April?, 1855 263 April 24, 1856 2.53 May 23, 1856 227 June 21, 1856 233 September 10, 1856 613 July 9,1860 228 March 19, 1863 213 May 5, 1864 254 1060 Page. Cliippewas — Continued. Treaty proclaimed April 25, 1864, (supplementary) 257 March 20, 1865 259 August 16, 1866 , 237 April 26, 1866 241 April 18, 1867 271 Christian Indians. Treaty proclaimed May 17, 1828 621 April 4, 1840 553 July 9, 1860 228 Cow-creek band of Umpquas. _ Treaty proclaimed February 5, 1855 974 Cow-nan-ti-co band of Scotons. Treaty proclaimed April 10, 1855 23 Cho-bah-ah-bish. Treaty proclaimed April 11, 1859 378 Choctaws. Treaty proclaimed May 19, 1836 303 Choctaws and Chickasaws. Treaty proclaimed March 24, 1837 1046 March 4, 1856 274 July 10, 1866 205 Clow-we-wal-la band of Calapooias. Treaty proclaimed April 10, 1855 18 Crows. Treaty proclaimed February 6, 1826 325 August 12, 1868 327 Comanches. Treaty proclaimed May 19, 1836 .". 303 March 8, 1847 306 February 12, 1854 1. 309 August25, 1858 312 May 26, 1866 314 August 25, 1868 318 Cutheads band of Sioux. Treaty proclaimed February 24, 1869 914 Confederated Peorias. Treaty proclaimed October 14,- 1868 839 D. Dacotahs. Treaty proclaimed February 24, 1853 879 February 24, 1853 8H2 February 26, 1859 805 March 31, 1859 8Sj March 31, 1859 y03 March 17, 1866 Sty March 17, 1866 8')0 March 17, 1866 S'H March 17, 1866 895 March 17, 1866 8')7 March 17, 1866 899 March 17, 1866 901 Mays, 1867 909 May 2, 1868 864 Dwamish. Treaty proclaimed April 11, 1859 378 Delawares. Treaty concluded September 17, 1778 333 Treaty proclaimed December 2, 1795 IS4 December 26, 1803 " 370 February 14, 1805 335 April 24, 1806 190 April 24, 1806 37I January 16, 1810 373 December 21, 1814 ;. 1032 Treaty ratified December 26, 181.'i • 196 Treaty proclaimed January 4, 1819 I97 January 4J819 IO33 1061 Page. Del a wares — Continued. Treaty proclaimed January 15, 1819 337 January 2, 1820 369 March 24, 1831 (supplementary) 338 February 12, 1833 376 July 17,1854 340 October 4, 1861 350 August 4, 1866 362 May 2, 1867 909 August 27, 1870 345 Different bands of Sioux. Treaty proclaimed February 24, 1869 914 E. Eel Ri ver. Treaty proclaimed December 2, 1795 184 December23, 1803 383 December 26, 1803 370 April 24, 1806 371 January 16, 1810 373 January 16, 1810 376 December 21, 1814 1032 May 7, 1828 520 Elh-wa. Treaty proclaimed April 29, 1859 800 F. Flatheads. Treaty proclaimed April*25, 1856 7 April 18, 1859 '. 383 Fond du Lac band of Chippewas. Treaty proclaimed January 29, 1855 224 Fort Laramie. Treaty of (not ratified.) 1047 Floridas. Treaty proclaimed January 2, 1824 389 Foxes. Treaty ratified December 26, 1815 394 Treaty proclaimed February 21, 1805 737 ■February 12, 1823 740 J.inuary 18, 1825 741 February 26, 1826 155 February 24, 1831 781 February 13, 1833 743 February 25, 1837 746 February 27, 1837 747 December 13, 1837 749 February 21, 1838 752 February 21, 1838 775 March 23, 1843 754 July 17, 1854 7,58 July 9, 1860 762 March 26, 1863 777 October 14, 1868 •.... 767 G. Grand Pawnees. Treaty proclaimed January 7, 1819 644 April 12, 1834 648 January 8, 1849 647 May 26, 1858 650 Grand Portage band of Chippewas. Treaty proclaimed January 29, 1855 224 Grand River band of Utes. Treaty proclaimed November 6, 1863 981 Grave Creek band of Umpquas. Treaty proclaimed April 10, 1855 , 23 Gros Ventres. Treaty proclaimed April 25, 1856 7 1062 H. Page. Hanriinta. Treaty proclaimed April 29, 1859 800 Hunkpapa Sioux. ' Treaty proclaimed February 6, 1826 873 I. Illinois. Treaty proclaimed December 23, 1803 423 January 5, 1819 395 February 13, 1833 396 Illinois River, Pottawatomies residing on. Treaty proclaimed December 26, 1815 697 Indian reserves on tlie Miami of Lake Erie, Ottawas residing on. Treaty proclaimed March 22, 1833 596 Indiana State, Pottawatomies of. Treaty proclaimed January 21, 1833 701 lonis. Treaty proclaimed March 8,1847 306 lowas. Treaty ratified December 26, 1815 399 Treaty proclaimed January 18,1825 399 February 6, 1826 155 February 24, 1831 781 February 15,1837 407 February 21, 1838 , 401 March 2, 1839 401 July 17, 1854 403 March 26, 18G3 777 K. Klamaths. Treaty proclaimed February 17, 1870 432 Kah-milt-pah band of Yakamas. Treaty proclaimed April 18, 1859 1040 Kankakee and Prairie Pottawatomies. Treaty proclaimed January 21, 1833 ..i 697 Kansas. Treaty ratified December 26, 1818 410 Treaty proclaimed December 30, 1825 410 May 3, 1826 414 April 15, 1846 415 November 17, 1860 417 February 6, 1863 422 Kaskaskias. Treaty proclaimed December 2, 1795 184 December 23, 1803 ";' 3a3 December 23, 1803 423 December 26, 1803 '■■' 370 January 5, 1819 395 February 13, 1833 .■".]." 39(5 August 10, 1854 426 Octfiber 14, 1868 839 Katakas. Treaty proclaimed February 21, 1838 456 Kah-tai. Treaty proclaimed April 29,1859 gOo Klat-la^wash. Treaty proclaimed April 29, 1859 gOo Keechy. Treaty proclaimed March 8, 1847 3O6 Kee-waw-my, chief Pottawatomies. Treaty proclaimed May 25, 1836 709 Klikatat band of Yakamas. Treaty proclaimed April 18, 1859 IO40 Kickapoos. •Treaty proclaimed December 2, 1795 184 December 26, 1803 370 December 23, 1803 \\\\ 383 1063 Page. Kickapoos — Continued. Treaty proclaimed March 3, 1810 436 December 21, 1814 1032 Treaty ratified December 26, 1815 437 Treaty proclaimed December 30, 1816 438 May 10, 1820 454 January 8, 1821... 455 January 13, 1821 438 January 13, 1821 440 February 13, 1833 441 July 17,1854 443 May 28, 1863 447 Kik-i-^llus. Treaty proclaimed April 11, 1859 378 Klinquit, baud of Yakamas. Treaty proclaimed April 18,1859 *. 1040 Kiowas. Treaty proclaimed February 21, 1838 456 February 12, 1854 309 August 25, 1858 312 May 26, 1866 314 August 25, 1868 '. 318 Kootenays. Treaty proclaimed April 25, 1856 7 April 18, 1859 383 ICow-was-say-ee band of Yakamas. Treaty proclaimed April 18, 1859 1040 L. Lakes, Sioux of the. Treaty proclaimed December 26, 1815 869 Lake Superior, Chippewas of the. Treaty proclaimed March 23, 1843 217 April 7, 1848 221 January 29, 1855 222 Lake Winnebagoshish band of Chippowas. Treaty proclaimed April 7, 1855 263 March 19, 1863 213 March 20, 1865 259 L'Anse band of Chippewaa. Treaty proclaimed January 29, 1855 222 La Pointe band of Chippewas Treaty proclaimed January 29, 1355 222 Leaf, Sioux of the. Treaty proclaimed December 30, 1816 870 Lepans. Treaty proclaimed March 8,1847 , 306 Li-ay-was band of Yakamas. NIBS Treaty proclaimed April 18, 1859 1040 Long Tom band of Calapooias. Treaty proclaimed April 10,18.55 18 Long-wha. Treaty proclaimed March 8, 1847 *. . . 306 Louison, chief Pottawatomies. Treaty proclaimed February IS, 1837 , 715 Loups, Pawnee. Treaty proclaimed April 12, 1834 648 January 8, 1849 647 May 26, 1858 650 Lower BruJS band Sioux. Treaty proclaimed March 17, 1866 892 Lower de Chutes band of Walla- Wallas. Treaty proclaimed April 18,1859 622 M. Mac-kah-tah-mo-ah, chief Pottawatomies. Treaty proclaimed February 18, 1837 712 1064 Page. Muddy band of Calapooias. Treaty proclaimed April 10, 1855 18 Mabas. Treaty ratified December 26, 1815 458 Treaty proclaimed February 6, 1826 459 Makahs. Treaty proclaimed April 18, 1859 461 Mandans. Treaty proclaimed February 6, 1826. 464 Marliar, Pawnees. Treaty proclaimed January 5, 1842 644 MarysviUe band of Calapooias. Treaty proclaimed April 10, 1855 18 Mat-chis-jaw, chief Pottawatomies. Treaty proclaimed May 25, 1836 709 Medawah-Kantons. Treaty proclaimed February 24, 1831 781 February 24, 1853 882 March 31, 1859 885 Me-mat-way, chief Pottawatomies. Treaty proclaimed February 18, 1837 711 Menomonees. Treaty proclaimed December 26, 1817 467 February 6, 1826 155 February 23, 1829 209 July 9, 1832 468 March 13, 1833 475 February 15, 1837 481 January 23, 1849 485 August 2, 1854 487 April 24, 1856 489 Mes-quaw-buck, chief Pottawatomies. Treaty proclaimed June 4, 1836 707 Mee-see-qua-quilch. Treaty proclaimed April 11, 1859 378 Miamis. Treaty proclaimed December 2, 1795 184 December 26,1803 370 April 24, 1806 : 371 January 16, 1810 :^73 .January 16, 1810 '. 375 December 21, 1814 1032 Treaty ratified December 26, 1815 196 Treaty proclaimed January 15, 1819 491 January 24, 1827 495 May 7, 1828.. 520 December 22, 1837 498 February 8, 1839 502 June 7, 1841 508 August 4, 1854 . 511 October 14, 1868 839 Miuneoonjon band, Sioux. Treaty proclaimed March 17, 1866 890 F^ruary 24, 1869 914 Minnetsaree. Treaty proclaimed February 26, 1826 13 Michigan Territory, Pottawatomies of. Treaty proclaimed January 21, 1833 701 Mitchigamia. Treaty proclaimed January 5, 1819 : 395 February 13, 1833 396 Mississippi, Chippewas of the. Treaty proclaimed March 28, 1843 217 April 7, 1848 221 January 29, 1855 222 April 7, 1855 263 Marchl9,1863 213 March 20, 1865 ' 259 ApTill8,1867 " 271 1065 Page. Missourias. Treaty proclaimed February 6, 1826 630 February 15, 1827 634 February 24, 1831 781 April 12, 1834 633 June 21, 1854 637 April 19, 1855 640 Missouri, Foxes of. Treaty proclaimed February 21, 1838 775 March 26, 1863 777 Missouri Eiver, Sacs residing on. Treaty proclaimed December 26, 1815 734 Missouri, Sacs of. Treaty proclaimed February 21, 1838 775 March 26, 1863 777 Missouri, Sacs and Foxes of. Treaty proclaimed February 15, 1837 407 February 21, 1838 775 March 26,1863. 777 Missouri, Shawnees residing in. Treaty proclaimed December 30, 1825 786 November 2, 1854 , 792 Mixed Senecas. Treaty proclaimed October 14, 1868 839 Moadocs. Treaty proclaimed February 17, 1870 432 Mohawks. Treaty concluded October 22, 1784 922 June 9, 1789 '. 923 January 21, 1795 925 Mohawks residing iu Upper Canada. Treaty proclaimed April 27, 1798 521 Mohawk band of Calapooias. Treaty proclaimed April 10, 1855 18 Molallas, (Molels.) Treaty proclaimed April 10, 1855 18 April 27, 1859 522 Mo-sack, chief Pottawatomies. Treaty proclaimed February 16, 1837 , 714 Mota, chief Pottawatomies. Treaty proclaimed March" 16, 1835 706 Muache band of Utes. Treaty proclaimed November 6, 1868 984 Muck-kose, chief Pottawatomies. Treaty proclaimed February 18, 1837 715 Muck-rose, chief Pottawatomies. Treaty proclaimed March 16, 1835 706 Munsees, Treaty proclaimed April 24, 1806 190 May 16, 1840 937 September 8, 1856 951 July 9, 1860 228 Muscogees. Treaty proclaimed May 19, 1836 303 N. Na-al-ye band of Scotons. Treaty proclaimed April 10, 1855 23 Na-hel-ta band of Chastas. Treaty proclaimed April 10, 1855 23 Nas-waw-kee, chief Pottawatomies. Treaty proclaimed May 25, 1836 710 Navajoes. Treaty proclaimed August 12, 1868 527 September 24, 1850 525 Nes-boash, chief Pottawatomies. Treaty proclaimed May 25, 1836 709 New Yorks. Treaty proclaimed April 4, 1840 548 134 IT 1066 Page. Nez Perots. Treaty proclaimed April 25,1856 ■ _„4 April29,1859 °^X April24,1867 ^^^ February 24, 1869 °*" Nisqually. Treaty proclaimed March 3, 1855 °"" Noisy Pawnees. Treaty proclaimed January 7, 1819 "*^ Nook-wa-chiirmish. Treaty proclaimed April 11, 1859 378 No-taw-kah, chief Pottawatomies. Treaty proclaimed Februai-y 18, 1837 712 NoT-whS-ifid;. Treaty proclaimed April 11, 1859 378 N'Quentl-ma-mish. Treaty proclaimed April 11, 1859 378 0. Oohe-chotes band of Yakamas. Treaty proclaimed April 18, 1859 1040 O'Gallala band of Sioux. Treaty proclaimed Februarye, 1826 871 March 17, 1866 ,. 901 February 24, 1869 914 Ohio, Wyandots in. Treaty proclaimed April 6, 1832 1030 May 16,1836 1029 O-ka-mause, chief Pottawatomies. Treaty proclaimed May 25, 1836 709 Omahas. Treaty proclaimed February 15, 1827 634 February 24, 1831 781 June 21,' 1854 564 February 15, 1866.. 569 Onkpahpah band of Sioux. Treaty proclaimed March 17, 1866 899 Onoxa, chief, Pottawatomies who adhered to. Treaty proclaimed December 21, 1814 1032 Orchard Party. Treaty proclaimed May 17, 1828 621 April 4, 1840 553 Treaty ratified April 28, 1810 571 December 26,1815 .'575 Treaty proclaimed January 7, 1819 575 February 19, 1823.: 576 December 30, 1825 577 May 3, 1826 581 May 19, 1836 303 March2,1839 , 583. January 21, 1867 584 Ottawas. Treaty proclaimed December 2, 1795 184 April 24, 1806 190 January 27, 1808 192 March 3, 1809 194 December 21, 1814 1032 Treaty ratified December 26, 1815 196 Treaty proclaimed December 30,1816 150 January 4, 1819 197 January 4, 1819 1033 March 8, 1821 605 February 6, 1826 , 155 January 7, 1829 160 January 2, 1830 161 Treaty proclaimed March 25, 1832 152 February 21, 1835 164 1067 Page. Ottawas — Contmued. February 21,1835, (supplementary) 176 April 6, 1832 590 March 22, 1333 , 596 May 27,1836 606 July 22,1846 181 September 10, 1856 613 July 28,1862 599 October 14, 1868 839 Oke-Nos. Treaty proclaimed April 29,1859 ; 800 Oueldas. Treaty concluded October 22, 1784 922 June 9,1789 923 Treaty proclaimed January 21, 1795 925 Treaty proclaimed January 21 , 1795 620 Treaty proclaimed May 17, 1828 621 Treaty proclaimed April 4, 1840 553 Oregon, Middle, tribes and bands of. Treaty proclaimed Aprill8, 1859 622 March 29, 1867 628 Ohio, Shawnees residing in. Treaty proclaimed April 6,1832 788 Onondagas. Treaty concluded October 22, 1784 922 June 9, 1789 923 Treaty proclaimed January 21, 1795 925 April 4, 1840 553 Ontonagon band of Chippewaa. Treaty proclaimed January 29, 1855 224 Ottoes. Treaty proclaimed December 26, 1817 630 February 6, 1826 630 February 15, 1827 634 I'ebruary 24, 1831 781 April 12, 1834 633 June 21,18.54 637 April 19, 1855 640 P. Prairie and Kankakee, Pottawatomies of the. Treaty proclaimed January 21,1833 697 Pau-koo-shuck, chief Pottawatomies. Treaty proclaimed May 25,1836 709 Pawnees. Treaty proclaimed January 5,1812 644 January 7, 1819 644 January 7, 1819 645 January 17, 1819 646 February 6, 1826 642 ApriH2,1834 648 January 8. 1849 647 May 26, 1858 650 Pelouse band of Yakamas. Treaty proclaimed April 18, 1859 1040 Pembina band of Chippewas. Treaty proclaimed April 25,1864 257 May 5,1864 254 Peorias. Treaty proclaimed January 5, 1819 395 February 13, 1833 396 August 10, 1854 426 October 14,1868 839 Pe-pin-a-waw, and other chiefs Pottawatomies. Treaty proclaimed February 18, 1837 712 Piankeshaws. Treaty proclaimed December 2, 1795 184 December 23,1803 383 1068 Piankeshaws — Continued. Treaty proclaimed December 26, 1803 370 February 6, 1805 655 May 23, 1807 656 Treaty ratified Decemljer 26, 1815 657 TreatyproclaimedFebruary 23, 1833.. C58 August 10, 1854 426 October 14, 1868 839 Pillager band of Chippewas. Treaty proclaimed April 7,1858 212 April 7, 1855.- 263 March 19, 1863 213 March 20, 1865 259 Fiegans. Treaty proclaimed April 25, 1856 7 Pine Tops, Sioux -who shoot in the. Treaty proclaimed December 30,1816 870 Pishtst. Treaty proclaimed April 29, 1859 800 Pisquouse band of Yakamas. Treaty proclaimed April 18, 1859 1040 Pitavirate Pawnees. Treaty proclaimed January 7, 1819 645 Poncars. Treaty proclaimed February 6, 1826 •. 666 PoDcarara. Treaty proclaimed December 26, 1817 668 Poncas. Treaty proclaimed April 11, 1859 659 March 28, 1867 664 Pottawatomies. Treaty proclaimed December 2, 1795 184 December 26, 1803 370 April 24, 1806 371 April 24, 1806 190 January 27, 1808 192 March 3, 1809 194 January 16, 1810 373 December 21, 1814 1032 Treaty ratified December 26, 1815 697 December 26, 1815 196 Treaty proclaimed December 30, 1816 150 January 4, 1819 197 January 4, 1819 1033 January 15, 1819 669 February 6, 1826 155 February 7, 1827 670 January 7, 1829 16o January 27, 1829 676 February23, 1829 .- 674 January 2, 1830 161 March 25, 1832 152 January 21, 1833 697 January 21, 1833 701 January 21, 1833 680 February 21, 1835 164 February 21, 1835, (supplementary) 176 March 16, 1835 683 March 16, 1835 705 March 16, 1835 706 March 16, 1835 706 June 4, 1836 707 June 4, 1836 708 May 25, 1836 709 May 25, 1836 709 May25,1836 ' 710 February 18, 1837 711 February 18, 1837 712 February 18, 1837 713 February 16, 1837 714 1069 Page. Pottawatomies— Continued. Treaty proclaimed February 18, 1837 715 July 23, 1846 181 April 19, 1862 683 Treaty supplementary, ratified April 26, 1866 690 Treaty proclaimed August 7, 1868 691 Puget's Sound, tribes and bands occupying land around head of. Treaty proclaimed March 3, 1855 560 Puyallupa. Treaty proclaimed March 3, 1855 560 Q. Quapa-ws. Treaty proclaimed July 5, 1818 716 February 18, 1825 718 April 12,1834 720 May 19, 1836 303 October 14,1868 839 Quash-quaw, chief Pottawatomies. Treaty proclaimed May 25, 1836 710 Quil-Jeh-utes. Treaty proclaimed April 11, 1859 723 Quil-si-eton band of Chastas. Treaty proclaimed April 10, 1855 23 Qui-nai-elts. Treaty proclaimed April 11, 1859 723 Qui-qui-to, chief Pottawatomies. Treaty proclaimed February 18, 1837 715 R. Eed Lake Band of Chippewas. Treaty proclaimed April 25, 1864 257 May 5, 1864 254 Eepnblio Pawnees. Treaty proclaimed January 17, 1819 646 January 8,1849 647 April 12, 1834 TTT. 648 May 26, 1858 650 Eicaras. Treaty proclaimed February 26, 1825 727 Eoche de Boeuf, on Miami Eiver of Lake Erie, Ottawas residing at. Treaty proclaimed April 6, 1832 590 Eoche de Boeuf, Ottawas of. Treaty proclaimed October 14,1868 839 Eock Eiver, Sacs of. Treaty proclaimed December 30,1816 735 Eogue Eiver. Treaty proclaimed April 12,1854 7S9 April7,1855 738 S. Sacs. Treaty proclaimed December 26,1815 734 December 30, 1816 735 February 21, 1805 737 February 12, 1823 740 January 18, 1825 741 February 24, 1831 781 February 13,1833. 743 February 25, 1837 746 February 27, 1837 747 December 13,1837 749 February 21, 1838 752 February 21, 1838 775 March 23, 1843 754 July 17,1854 758 July 9, 1860 762 March 26, 1863 777 October 14, 1868 767 1070 Page. Sacs and Foxea. Treaty proclaimed February 6, 1826 \^ February 15, 1837 ■*''7 Sa-cher-i-ton baud of Scotons. Treaty proclaimed April 10, 1855 *•' Saginaw, Chippewas of. Treaty proclaimed July 2, 1838 244 March 2, 1839, (supplementary) - "49 March 2, 1839, (supplementary) -•• 249 July 3, 1838 250 July 2, 1838 251 June 21, 1856 233 August 16, 1866 237 Sah-ku-m^hu, Treaty proclaimed April 11,1859 378 Sa-heh-wamish, Treaty proclaimed March 3,1855 560 Sam-ahmish. Treaty proclaimed April 11, 1859 378 Sandusky Eiver, Delawares on. Treaty proclaimed January 2, 1820 36Q Sandusky Eiver, Senecas residing on. Treaty proclaimed March 24, 1831 833 Santee band of Sioux. Treaty proclaimed February 15,1827- 634 February 24, 1831 781 February 24, 1869 914 Santiam bands of Calapooias. Treaty proclaimed April 10,1855 18 Sans Arc band of Sioux. Treaty proclaimed March 17, 1866 897 February 34, 1869 914 Shawnees. Treaty proclaimed January 31, 1786 784 December 2, 1795 184 December 26, 1803 370 April 24, 1806 ■-.. 190 March 3, 1809 194 December 21, 1814 1032 Treaty ratified December 26, 1815 196 Treaty proclaimed January 4,1819 197 January 4, 1819 1033 December 30, 1825 786 April 6, 1832 788 April 6, 1832 1035 February 12, 1833 376 March22,1833 837 November 2, 1854 792 October 14, 1868 839 Bk£(glts. Treaty proclaimed April 11,1859 378 Skai-wha-mish, Treaty proclaimed April 11, 1859 378 S'Klallams. Treaty proclaimed April 29, 1859 ;... 800 Sk-t^h-le-jun. Treaty proclaimed April 11,1859 378 Sko-ko-ihish. Treaty proclaimed April 29,1859 800 Sk-t^hl-mish. Treaty proclaimed April 11,1859 378 Smah-kahmish. Treaty proclaimed April 11,1859 378 Snakes. Treaty proclaimed July 10,1866 8O4 February 17, 1870 432 Squawskins. Treaty proclaimed March 3,1855 56O 1071 Page. St-kah-misb. Treaty proclaimed April 11, 1859 378 Sault Ste. Marie, Chippewas of. Treaty proclaimed April 24, 1856 253 Swan Creek band of Chippewas. Treaty proclaimed May 23, 1856 227 June 21, 1856 233 July 9, 1860 ,..• 228 August 16,1866 237 Se-ap-cat band of Yakamas. Treaty proclaimed April 18, 1859 ■ 1040 See-Seeton Sioux. Treaty proclaimed February 26, 1853 879 Semiuoles. Treaty proclaimed April 12, 1834 807 April 12, 1834 809 August 16, 1866 810 Treaty concluded October 22, 1784 922 June 9, 1789 933 Treaty proclaimed January 21, 1795 925 September 15, 1797 818 January 12, 1803 821 February 7, 1803 823 December 21, 1814 1032 Treaty ratified December 26, 1815 196 Treaty proclaimed January 4, 1819 197 January 4, 1819 1033 March 24, 1831 833 April 6, 1832 1035 March 22,1833 837 May 19,1836 303 April 4, 1840 552 August 26, 1842 824 March 31, 1859 829 March 31, 1859, (supplementary) 833 October 14, 1868 839 Seven Nations of Canada. Treaty proclaimed January 31,1797 852 Steh-chass. Treaty proclaimed March 3,1855 560 Steilacoom. Treaty proclaimed March 3, 1855 560 Ste-tehtlum. Treaty proclaimed April 29, 1859 800 Saint Peters Eiver, Sioux of. Treaty proclaimed December 26, 1815 ^ 869 Saint Kegis. Treaty proclaimed January 31, 1797 852 April 4, 1840 551 April 4, 1840, (supplementary) •. 560 Sioux. Treaty proclaimed July 19,1815 854 July 19,1815 869 December 26,1815 869 December 30,1816 870 February 6, 1826 155 February 6, 1826 866 February 6, 1826 871 February 26, 1826 873 February 15, 1887 634 February 24, 1831 781 February 13, 1837 875 February 18, 1837 876 June 15, 1838 ; 878 February 21, 1838 854 February 24, 1853 879 February 24, 1853 882 February 26, 1859 855 1072 Page. Sioiix — Continued. oae Treaty proclaimed March 31,1859 °°% March 31,1859 •'^^ March 17,1866 Ji March 17,1866 ^X March 17,1866 ao" March 17, 1866 °^* March 17,1866 °°5 March 17,1866 °^l March 17,1866 ™ March 17,1866 r ^^1 May 2,1867 90. March 17, 1868 °°* February 24,1869 9" Sioilne band of Sioux. Treaty proclaimed, February 6, 1826 o71 Sisseton band of Sioux. Treaty proclaimed, May 3, 1867 909 Agreement with, February 19, 1867 1050 Treaty proclaiined, February 24, 1831 781 March 31, 1859 , 903 Six Nations. Treaty concluded October 22, 1784 922 June 9, 1789 923 Treaty proclaimed January 21, 1795 , 925 Six Nations of New York. Treaty proclaimed April 4, 1840 548 Skin-pah band of Yakamas. Treaty proclaimed April 18,1859 1040 Squin-ah-mish. Treaty proclaimed April 11, 1859 378 Squi-aiti. Treaty proclaimed March 3,1855... 560 Swin-a-mish. Treaty proclaimed April 11,1859 378 Scotons. Treaty proclaimed April 10, 1855 23 Shoshonees, Northwestern bands. Treaty proclaimed June 17,1865. 926 Shoshonee-Goships. Treaty proclaimed January 17, 1865 929 Shoshonees, Eastern Band. Treaty proclaimed February 24, 1869 931 S'PIomamish. Treaty proclaimed March 3, 1855 560 Skoperamish. Treatyproclaimed April 11, 1859 378 Snoqualmoos. Treaty proclaimed April 11, 1859 378 Sno-ho-mish. Treaty proclaimed April 11, 1859 378 Stockbridges. Treaty proclaimed January 21, 1795 620 May 16,1840 937 March 1,1849 941 September 8, 1856 951 Stoluok-wha-mish. Treaty proclaimed April 11, 1859 378 Subordinate tribes in Washington Territory. Treatyproclaimed April 11,1859 378 Snsseton Sioux. Treatyproclaimed February 18,1837 876 Suquamish. Treaty proclaimed April 11,1859 373 Squah-qua;ihtl. Treaty proclaimed April 29, 1859..... 800 Shyiks band of Yakamas. Treaty proclaimed April 18,1859.... 1040 A COMPILATION OF ALL THE TREATIES BETWEEN THE UNITED STATES AND THE INDIAN TRIBES NOW IN FORCE AS LAWS. 1 APPALACHIOOLAS. ' 2 Treaty with the Appalachicola Band. 3 The undersigned chiefs, for and in behalf of themselves and •1 warriors, surrender to the United States, all their right, title, -5 and interest to a reservation of land made for their benefit, in 6 the additional article of the treaty, concluded at Camp Moultrie, 7 in the Tprritory of Florida, on the 18th of September, eighteen ^ hundred and twenty-three, and which is described in said arti- 9 cle, " as commencing on the Appalachicola, one mile below Tuski 10 Hajo's improvements, running up said river four miles, thence 11 west two miles, thence southerly to a point due west of the 12 beginning, thence east to the beginning point," and agree to 13 remove with their warriors and families, now occupying said 14 reservation, and amounting in all to (256) two hundred and lifty- 15 six souls, to the west of the Mississippi River, beyond the limits 16 of the States and Territories of the United States of America. 17 Article 2. For and in consideration of said surrender, and 18 to meet the charges of a party to explore immediately the coun- 19 try west in search of a home more suitable to their habits than 20 the one at present occupied, and in full compensation for all the .21 expenses of emigration, and subsistence for themselves and 22 party, the United States agree to pay to the undersigned chiefs, .23 and their warriors, thirteen thousand dollars ; three thousand 24 dollars in cash, the receipt of which is herewith acknowledged, 25 and ten thousand dollars whenever they have completed their 26 arrangements, and have commenced the removal of their whole 27 party. 28 Article 3. The undersigned chiefs, with their warriors and 29 families, will evacuate the reservation of land, surrendered by 30 the first article of this agreement, on or before the first of No- 31 vember, eighteen hundred and thirty -three ; but should unavoid- 32 able circumstances prevent the conclusion of the necessary pre- 33 paratory arrangements by that time, it is expected that the in- 34 diligence of tlie government of the United States will be rea- 35 sonably extended for a term, not to exceed, however, another year. 36 Article 4. The United States farther stipulate to continue 37 to Blunt and Davy, (formerly Tuski Hajo, deceased,) the chiefs 38 of the towns now consenting to emigrate, their proportion of 39 the annuity of five thousand dollars which they at present draw, 40 and to which they are entitled under the treaty of Camp Moul- 41 trie, so long as they remain in the Territory of Florida, and to 42 advance their proportional amount of the said annuity for the 43 balance of the term stipulated for its payment in the treaty 44 aforesaid, whenever they remove in compliance of the terms of 45 this agreement. 46 Proclaimed February 13, 1833. 47 Treaty toith the Appalacldcola band. 48 The undersigned chiefs, for and in behalf of themselves and 49 warriors, voluntarily relinquish all the privileges to which they 50 are entitled as parties to a treaty concluded at Camp Moultrie 51 on the 18th of September, 1823, and surrender to the United 52 States all their right, title, and interest to a reservation of land 53 made for their benefit in the additional article of the said treaty, 54 and which is described in the said article as Commencing " on 55 the Appalachicola, at a point to include Yellow Harems improve- 56 ments ; thence up said river four miles ; thence west one mile ; 57 thence southerly to a point one mile west of the beginning ; and 58 thence east to the beginning point." 59 Article 2. For and in consideration of said cession the 60 U. States agree to grant, and to convey in three (3) years "61 by patent to Mulatto King or Vacapasacy, and to Tastenuggy 62 Hajo, head chief of Ematlochees town, for the benefit of them- 63 selves, sub-chiefs, and warriors, a section and a half of land to 64 each, or contiguous quarter and fractional sections containing a 65 like quantity of acres, to be laid' off hereafter under the direc- 66 tion of the President of the U. States, so as to embrace 67 the said chiefs' fields and improvements, after the lands shall 68 have been surveyed, and the boundaries to correspond with the 69 public surveys, it being understood that the ' aforesaid chiefs 70 may, with the consent and under the advisement of the executive 71 of the Territory of Florida, at any time previous to the expi- 72 ration of the above three years, dispose of the said sections of 73 land, and migrate to a country of their choice; but that should 74 they remain on their lands the U. States Will, so soon as 75 Blunt's band and the Seminoles generally have migrated under 76 the stipulations of the treaties concluded with them, withdraw 77 the immediate protection hitherto extended to the aforesaid 5 78 chiefs and warriors, and that they thereafter become subject to 79 the government and laws of the Territory of Florida. 80 Aetiole 3. The IT. States stipulate to continue to Mulatto 81 King and Tustenuggy Hadjo, their sub-chiefs and warriors, their 82 proportion of the annuity of (5,000) five thousand dollars to which 83 they are entitled under the treaty of Oamp Moultrie, so long as 84 the Seminoles remain in the Territory, and to advance their 85 proportional amount of the said annuity for the balance of the 86 term stipulated for its payment in the treaty aforesaid, whenever 87 the Seminoles finally remove in compliance with the terms of the 88 treaty concluded at Payne"'s Landing on 9th May, 1832. 89 Article 4. If at any time hereafter the chiefs and warriors, 90 parties to this agreement, should feel disposed to migrate from 91 the Territory of Florida to the country allotted to the Creeks 92 and Seminoles in Arkansas, should they elect to sell their grants 93 of land as provided for in the first article of this treaty, they 94 must defray from the proceeds of the sales of said land, or from 95 their private resources all the expenses of their migration, sub- 96 sistence, &c. — but if they prefer they may, by surrendering to 97 the U. States all the rights and privileges acquired under the 98 provisions of this agreement, become parties to the obligations,, 99 provisions, and stipulations of the treaty concluded at Payne's 100 Landing with the Seminoles on the 9th of JVIay, 1832, as a con- 101 stitu^nt part of said tribe, and re-unite with said tribe in their 102 new abode on the Arkansas. The U. States, in that event, 103 agreeing to pay (3,000) three thousand dollars for the reserva- 104 tion relinquished in the first article of this treaty, in addition to 105 the rights and immunities the parties may acquire under the 106 aforesaid treaty at Payne's Landing. 107 Proclaimed April 12, 1834. 108 Belinquishment, by certain chiefs, of land reserved by the treaty 109 of 18tli Sept., 1823. 110 The undersigned chiefs, for and in behalf of themselves and 111 warriors, voluntarily relinquish all the privileges to which they 112 are entitled, as parties to a treaty concluded at Camp Moultrie, on 113 the 18th of,_September, 1823, and surrender to the United States 114 all their right, title, and interest to a reservation of land made for 115 their benefit in the additional article of the said treaty, and which 116 isdescribed in said article as " commencing on the Chattahoochie, 117 one mile below Econchatimico's house j thence up said river 118 four miles ; thence one mile west j thence southerly to a point one 119 mile west of the beginning ; thence east to the beginning point." 120 Article 2. For and in consideration of said cession, the 121 U. States agree to grant and to convey in three (3) years. 122 by patent, to Bconchatimico, for the benefit of himself, sub- 123 chiefs, and warriors, three sections of land, (or contiguous quar- 124 ter and fractional sections containing a like quantity of acres,) 125 to be laid off hereafter under the direction of the President of 126 the U. States, so as to eaibrace the said chiefs' fields, im- 127 provements, &c., after the lands shall have been surveyed, and 12.8 the boundaries to correspond with the public surveys ; it being 129 understood that the aforesaid chief may, with the consent and 130 under the advisement of the executive of the Territory of Flor- 131 ida, at any time previous to the expiration of the above three 132 years, dispose of the said sections of land, and migrate to a 133 country of their choice ; but that, should they remain on their IM lands, the U. States will, so soon as Blunt's band and the 135 Seminoles generally have migrated under the stipulations of 136 the treaty concluded with them, withdraw the immediate pro- -137 tection hitherto extended to the aforesaid chief, his sub-chiefs, 138 and warriors, and that they thereafter become subject to the 139 government and Jaws of the Territory of Florida, 140 Article 3. The United States stipulate to continue to 141 Bconchatimico, his sub-chiefs and warriors, their proportion of 142 the annuity of (5,000) five thousand dollars to which they are en- 143 titled under the treaty of Camp Moultrie, so long as the Semi- 144 noles remain in the Territory, and to advance their proportional 145 amount of said annuity for the balance of the term stipulated 146 for its payment in the treaty aforesaid, whenever the Seminoles 147 finally remove in compliance with the terms of the treaty con- 148 eluded at Payne's Landing on 9th May, 1832. 149 Article 4. If, at any time hereafter, the chiefs and 150 warriors, parties .to this agreement, should feel disposed to mi- 151 grate from the Territory of Florida to the country allotted to the 152 Greeks and Seminoles in Arkansas ; should they elect to sell 153 their grants of land as provided for in the first article of this 154 treaty, they must defray from the proceeds of the sales of said 155 land, or from their private resources, all the expenses of their 156 migration, subsistence, &c. But, if they prefer, they may, by 157 surrendering to the U. States all the rights and privileges 158 acquired under the provisions of this agreement, become parties 159 to the obligations, provisions, and stipulations of the treaty con- 160 eluded at Payne's Landing with the Seminoles on the 9th May, 161 1832, as a constituent part of said tribe, and re-unite with said 162 tribe in their new abode on the Arkansas, the United States in 163 that event agreeing to pay (3,000) three thousand dollars for the 164 reservation relinquished in the first article of this treaty ; in ad- 165 dition to the rights and immunities the parties may acquire 166 under the aforesaid treaty at Payne's Landing. 167 BLAOKFOOT. 168 Franklin Pieboe, President of the United States of America, 169 to all persons to whom these presents shall come, greeting : 1 70 Whereas a treaty was made and concluded at the council- 17 L ground on the Upper Missouri, near the mouth of the Judith 172 Eiver, in the Territory of Nebraska, on the seventeenth day of 173 October, in the year one thousand eight hundred and flfty-flve, be- 174 tween A. Gumming and Isaac I. Stevens, commissioners on the 175 part of the" United States, and the Blackfoot and other tribes 176 of Indians, which treaty is in the words and figures following, 177 to wit : 178 Articles of agreement and coaventiou made and concluded at 179 the council- ground on the Upper Missouri, near the mouth of the ] 80 Judith Eiver, in the Territory of JTebraska, this seventeenth day 181 of October, in the year one thousand eight hundred and ftfty- 182 five, by and between A. Gumming and Isaac I. Stevens, commis- 183 sioners duly appointed and authorized, on the part of the United 184 States, and the undersigned chiefs, headmen, and delegates of 185 the following nations and tribes of Indians, who occupy, for the 186 purposes of hunting, the territory on the Upper Missouri and 187 Yellowstone Elvers, and who have permanent homes, as follows : 188 East of the Eocky Mountains, the Blackfoot Nation, consisting of 189 the Piegan, Blood, Blackfoot, and Gros Ventres tribes of Indians ; 190 west of the Eocky Mountains, the Flathead Nation, consisting 191 of the Flathead, Upper Pend d'Oreille, and Kootenay tribes of 192 Indians, and the" Nez Perc6 tribe of Indians, the said chiefs, 193 headmen, and delegates, in behalf of and acting for said nations 194 and tribes, and being duly authorized thereto by them. 195 Aeticle 1. Peace, friendship, and amity shall hereafter exist 196 between the United States and the aforesaid nations and tribes 197 of Indians, parties to this treaty, and the same shall be per- 198 petual. 199 Article 2. The aforesaid nations and tribes of Indians, par- 200 ties to this treaty, do hereby jointly and severally covenant that 201 peaceful relations shall likewise be maintained amongthemselves 202 in future ; and that they will abstain from all hostilities whatso- 203 ever against each other, and cultivate mutual good- will and 204 friendship. And the nations and tribes aforesaid do further- 205 more jointly and severally covenant, that peaceful relations shall 206 be maintained with and that they will abstain from all hostilities 207 whatsoever, excepting in self-defense, against the foUowing- 208 named nations and tribes of Indians, to wit : the Grows, Assine- 209 boins, Grees, Snakes, Blackfeet, Sans Arcs, and Aunce-pa-pas 210 bauds of Sioux, and all other neighboring nations and tribes of 211 Indians. 8 212 Aetiole 3. The Blackfoot Nation consent and agree that all 213 that portion of the country recognized and defined by the treaty 214 of Laramie as Blackfoot territory, lying within lines drawn from 215 the Hell Gate or Medicine Eock Passes in the main range of the 216 Rocky Mountains, in an easterly direction to the nearest source 217 of the Muscle Shell Biver, thence to the mouth of Twenty-five 218 Yard Creek, thence up the Yellowstone Elver to its northern 219 source, and thence along the main range of the Eocky Mountains, 220 in a northerly direction, to the point of beginning, shall be a com- 221 mon hunting-ground for ninety-nine years, where all the nations, 222 tribes, and bands of Indians, parties to this treaty, may enjoy 223 equal and uninterrupted privileges of hunting, fishing, and gath- 224 ering fruit, grazing animals, curing meat, and dressing robes. 225 They further agree that they will not establish villages, or in any 226 other way exercise exclusive rights within ten miles of the north- 227 ern line of the common hunting-ground, and that the parties to 228 this treaty may hunt on said northern boundary line and within 229 tea miles thereof. 230 Provided, That the western Indians, parties to this treaty, 231 may hunt on the trail leading down the Muscle Shell to the Yel- 232 lowstone ; the Muscle Shell Elver being the boundary separating 233 the Blackfoot from the Crow territory. 334 And provided, That no nation, band, or tribe of Indians, par- 235 ties to this treaty, nor any other Indians, shall be permitted to 236 establish permanent settlements, or in any other way exercise, 237 during the period above mentioned, exclusive rights or privileges 238 within the limits of the above-described hunting-ground. 239 And provided further, That the rights of the western Indians 240 to a whole or a part of the common hunting-ground, derived 241 from occupancy and possession, shall not be affected by this ar- 242 tide, except so far as said rights may be determined by the 243 treaty of Laramie. 244 Article 4. The parties to this treaty agree and consent, 245 that the tract of country lying within lines drawn from the Hell 246 Gate or Medicine Eock Passes, in an easterly direction, to the 247 nearest source of the Muscle Shell Eiver, thence down said 248 river to its mouth, thence down the channel of the Missouri 249 Eiver to the mouth of Milk Eiver, thence due north to the forty- 250 ninth parallel, thence due west on said parallel to the main 251 ■ range of the Eocky Mountains, and thence southerly along said 252 range to the place of beginning, shall be the territory of the 253 Blackfoot Nation, over which said nation shall exercise exclu- 254 sive control, excepting as may be otherwise provided in this 255 treaty. Subject, however, to the provisions of the third article 256 of this treaty, giving the right to hunt, and prohibiting the es- 257 tablishment of permanent villages and the exercise of any ex- 9 258 elusive rights witbiu tea miles of the northern line of the com- 259 mon hunting-ground, drawn from the nearest source of the 260 Muscle Shell liiver to the Medicine Eock Passes, for the period 261 of ninety-nine years : 262 Provided also, That the Assiniboins shall have the right of 263 - hunting, in common with the Blackfeet, in the country lying 264 between the aforesaid eastern boundary line, running from the 265 mouth of Milk Eiver to the forty-ninth parallel, and a line 266 drawn from the left bank of the Missouri Eiver, opposite 267 the Bound Butte, north, to the forty-ninth parallel. 268 Article 5. The parties to this treaty, residing west of the 269 main range of the Eocky Mountains, agree and consent that 270 they will not enter the common hunting-ground, nor any part of 271 the Black foot territory, or return home, by any pass in the 272 main range of the Eocky Mountains to the north of the Hell 273 Gate or Medicine Eock Passes. And they further agree that 274 they will not hunt or otherwise disturb the game, when visiting 275 the Blackfoot territory for trade or social intercourse. 276 Article 6. The aforesaid nations and tribes of Indians, 277 parties to this treaty, agree and consent to remain within their 278 own respective countries, except when going to or from, or 279 whilst hunting upon, the "common hunting-ground," or when 280 visiting each other for the purpose of trade or social inter- 281 course. 282 Article 7. The aforesaid nations and tribes of Indians agree 283 that citizens of the United States may live in and pass un- 284 molested through the countries respectively occupied and 285 claimed by them. And the United States is hereby bound to 286 protect said Indians against depredations and other unlawful 287 acts which white men residing in or passing through their 288 country may commit. 289 Article 8. For the purpose of establishing travelling 290 thoroughfares through their country, and the better to enable 291 the President to execute the provisions of this treaty, the afore- 292 said nations and tribes do hereby consent and agree, that the 293 United States may, within the countries respectively occupied 294 and claimed by them, construct roads of every description ; 295 establish lines of telegraph and military posts ; use materials of 296 every description found in the Indian country ; build houses 297 for agencies, missions, schools, farms, shops, mills, stations, and 298 for any other purpose for which they may be required, and per- 299 manently occupy as much Jand as may be necessary for the 300 various purposes above enumerated, including the use of wood 301 for fuel and land for grazing, and that the navigation of all 302 lakes and streams shall be forever free to citizens of the United 303 States. 2 I T 10 304 Aeticle 9. lu consideration of the foregoing agreements, 305 stipulations, and cessions, and on condition of their faithful ob- 306 servance, the United States agree to expend, annually, for the 307 Piegan, Blood, Blackfoot, and Gros Ventres tribes of Indians, 308 constituting the Blackfoot Nation, in addition to the goods and 309 provisions distributed at the time of signing this treaty, twenty 310 thousand dollars, annually, for ten years, to be expended in such 311 useful goods and provisions, and other articles, as the Presi- 312 dent, at his discretion, may from time to time determine; and 313 the superintendent, or other proper officer, shall each year in- 314 form the President of the wishes of the Indians in relation there- 315 to : Provided, however, That if, in the judgment of the President 316 and Senate, this amount be deemed insufScient, it may be in- 317 creased not to exceed the sum of thirty-five thousand dollars per 318 year. 319 Article 10. The United States further agree to expend an- 320 uually, for the benefit of the aforesaid tribes of the Blackfoot 321 STation, a sum not exceeding fifteen thousand dollars annually, 322 for ten years, in establishing and instructing them in agricul- 323 tural and mechanical pursuits, and in educating their children, 324 and in any other respect promoting their civilization and Chris- 325 tianization : Provided, however, That to accomplish the objects .326 of this article, the President may, at his discretion, apply any 327 or all the annuities provided for in this treaty: And provided, 328 also, That the President may, at his discrestion, determine in 329 what proportions the said annuities shall be divided among the 330 several tribes. 331 Aeticle 11. The aforesaid tribes acknowledge their depend- 332 ence on the Government of the United States, and promise to 333 be friendly with all citizens thereof, and to commit no depre- 334 dations or other violence upon such citizens. And should any 335 one or more violate this pledge, and the fact be proved to the 336 satisfaction of the President, the property taken shall be re- 337 turned, or, iu default thereof, or if injured or destroyed, com- 338 pensation may be made by the Government out of the annuities. 339 The aforesaid tribes are hereby bound to deliver such offenders 340 to the proper authorities for trial and punishment, and are held 341 responsible, in their tribal capacity, to make reparation for dep- 342 redations so committed. 343 Nor will they make war upon any other tribes except in self- 344 defense, but will submit all matter of difference, between them- 345 selves and other Indians, to the Government of the United 346 States, through its agent, for adjustment, and will abide thereby. 347 And4f any of the said Indians, parties to this treaty, commit 348 depredations on any other Indians within the jurisdiction of the 349 United States, the same rule shall prevail as that prescribed iu 11 350 this article ia case of depredations against citizens. And the 351 said tribes agree not to shelter or conceal offenders against the 352 laws of the United States, but to deliver them up to the author- 353 ities for trial. 354 Article 12. It is agreed and understood, by and between 355 the parties to this treaty, that if any nation or tribe of Indians 356 aforesaid shall violate any of the agreements, obligations, or 357 stipulations, herein contained, the United States may withhold, 358 for such length of time as the President and Congress may de- 359 termine, any portion or all of the annuities agreed to be paid to 360 said nation or tribe under the ninth and tenth articles of this 361 treaty. 302 Article 13. The nations and tribes of Indians, parties to 363 this treaty, desire to exclude from their country the use of ardent 364 spirits or other intoxicating liquor, and to prevent their people 365 from drinking the same. Therefore it is provided, that any 366 Indian belonging to said tribes who is guilty of bringing such 367 liquor into the Indian country, or who drinks liquor, may have 3G8 his or her proportion of the annuities withheld from him or her, 3G9 for such time as the President may determine. 370 Article 14. The aforesaid nations and tribes of Indians, 371 west of the Eocky Mountains, parties to this treaty, do agree, in 372 consideration of the provisions already made for them in existing 373 treaties, to accept the guarantees of the peaceful occupation of 374 their hunting-grounds, east of the Rocky Mountains, and of re- 375 muneration for depredations made by the other tribes, pledged 376 to be secured to them in this treaty out of the annuities of said 377 tribes, in full compensation for the concessions which they, in 378 conimou with the said tribes, have made in this treaty. 379 The Indians east of the mountains, parties to tliis treaty, 380 likewise recognize and accept the guarantees of this treaty, in ful 1 381 compensation for the injuries or depredations which have been, 382 or may be committed by the aforesaid tribes, west of the Eocky 383 Mountains. 384 Article 15. The annuities of the aforesaid tribes shall not 385 be taken to pay the debts of individuals. 386 Article 16. This treaty shall be obligatory upon the afore- 387 said nations and tribes of Indians, parties hereto, from the date 388 hereof, and upon the United States as soon as the same shall be 389 ratified by the President and Senate. 390 Proclaimed 25th April, 1856. 391 Andrew Johnson, President of the United States of America, 392 to all and singular to whom these presents shall come, 393 greeting : 394 Whereas a treaty was made and concluded at Fort Sully, in 12 395 the Territory of Dakota, oa the nineteenth day of October, iu 396 the year of our Lord one thousand eight hundred and sixty-five, 397 by and between Newton Edmunds, Edward B. Taylor, Major- 398 General S. R. Curtis, Brigadier-General H. H. Sibley, Henry W. 399 Eeed, and Orrin Guernsey, commissioners, on the part of the 400 United States, and Wah-hali-chunk-i-ab-pee, (The one that is 401 used as a Shield,) Wah-mun-dee-wak-ko-no, (The War Eagle in 402 the Air,) and other chiefs and headmen of the Blackfeet band 403 of Dakota or Sioux Indians, on the part of said band of Indians, 404 and duly authorized thereto by them, which treaty is in the 405 words and figures following, to wit : 406 Articles of a treaty made and concluded at Fort Sully, in the 407 Territory of Dakota, by and between Kewton Edmunds, gov- 408 ernor and ex-offtcio superintendent of Indian affairs of Dakota 409 Territory, Edward B. Taylor, superintendent of Indian affairs 410 for the northern superintendency, Major-General S. R. Curtis, 411 Brigadier-General H. H. Sibley, Henry W. Reed, and Orrin 412 Guernsey, commissioners on the part of the United States, 413 duly appointed by the President, and the undersigned chiefs 414 and headmen of the Blaclifeet band of Dakota or Sioux In- 415 dians. 416 Aetiolb 1. The Blackfeet band of Dakota or Sioux Indians, 417 represented in council, hereby acknowledge themselves to be 418 subject to the exclusive jurisdiction and authority of the United 419 States, and hereby obligate and bind themselves, individually 420 and collectively, not only to cease all hostilities against the per-- 421 sons and property of its citizens, but to use their influence, and, 422 if necessary, physical force to prevent other bands of the Dakota 423 or Sioux, or other adjacent tribes, from making hostile demon- 424 strations -against the Government of the United States, or its 425 people. 426 Article 2. Inasmuch as the Government of the United 427 States is desirous to arrest the effusion of blood between the 428 Indian tribes within its jurisdiction hitherto at war with each 429 other, the Blackfeet band of Dakota or Sioux, represented in 430 council, anxious to respect the wishes of the Government, hereby 431 agree and bind themselves to discontinue for the future all 432 attacks upon the persons or property of other tribes, unless first 433 assailed by them, and to use their influence to promote peace 434 everywhere in the region occupied or frequented by them. 435 ~ Article 3. All controversies or differences arising between 436 the Blackfeet band of Dakota or Sioux, represented in council, 437 and other tribes of Indians, involving the question of peace or 438 war, shall be submitted for the arbitrament of the President, or 439 such person or persons as may be designated by him, and the 13 440 decision or award faithfully observed by the said band repre- 441 sented in council. 442 Article 4. The said band, represented in council, shall with- 443 draw from the routes overland, already established or hereafter 444 to be established, through their country, and in consideration 445 thereof the Government of the United States agree to pay to 446 the said band the sum of seven thousand dollars annually, for 447 twenty years, in such articles as the Secretary of the Interior 448 may direct: Provided, That said band, so represented in council, 449 shall faithfully conform to the requirements of this treaty. 450 Akticle 5. Any amendment or modification of this treaty 451 by the Senate of the United States shall be considered final and 452 binding upon the said band represented in council, as a part of 453 this treaty, in the same manner as if it had been subsequently 454 presented and agreed to by the chiefs and headmen of said 455 natioii. 456 Proclaimed 17 March, 1860. 457 BELANTSE-ETOA. 458 Treaty with the Belantse-etoa or Minnetsaree Tribe. 459 Whereas acts of hostility have been committed, by some 460 restless men of the Belantse-etea or Minnetaree tribe of Indians, 461 upon some of the citizens of the United States : Therefore, to 462 xDut a stop to any further outrages of the sort, and to establish 463 a more friendly understanding between the United States and the 404 said Belantse-etea or Minnetaree tribe, the President of the 465 United States, by Henry Atkinson, brigadier-general of the 466 United States Army, and Major Benjamin O'Eallon, Indian 407 agent, commissioners duly appointed and commissioned to treat 468 with the Indian tribes beyond the Mississippi River, forgive the 469 offences which have been committed, the chiefs and warriors 470 having first made satisfactory explanations touching the same- 471 And, for the purpose of removing all future cause of misuuder- 472 standing, as resj)ects trade and friendly intercourse, between the 473 parties, the above-named commissioners, onthepartof the United 474 States, and the undersigned chiefs and warriors of the Belautse. 475 etea or Minnetaree tribe of Indians, on the part of said tribe, 476 have made and entered into the following articles and condi- 477 tions; which, when ratified by the President of the United 478 States, by and with the advice and consent of the Senate, shall 479 be binding to both parties, to wit : 480 Aeticle 1. Henceforth there shall be a firm and lasting 481 peace between the United States and the Belantse-etea or Min- 482 netaree tribe of Indians 5 and a friendly intercourse shall imme- 483 diately tate place between the parties. 14 484 Article 2. It is admitted by the Belantse-etea or Minne- 485 taree tribe of Indians, that they reside within the territorial 486 limits of the United States, acknowledge their supremacy, and 487 claim their protection. The said tribe also admit the right of 488 the United States to regulate all trade and intercourse with 489 them. 490 Article 3. The United States agree to receive the Belantse. 491 etea or Minnetaree tribe of Indians into their friendship, and 492 under their protection, and to extend to them, from time to 493 time, such benefits and acts of kindness as may be convenient, 494 and seem just and proper to the President of the United States. 495 Article 4. All trade and intercourse with the Belantse-eta 496 or Minnetaree tribe shall be transacted at such place "or places 497 as may be designated and pointed out, by the President of the 498 United States, through his agents; and none but American 499 citizens, duly authorized by the United States, shall be admitted 500 to trade or hold intercourse with said iiribe of Indians. 501 Article 5. That the Belantse-eta or Minnetaree tribe may 502 be accommodated with such articles of merchandize,. &c., as their 503 necessities may demand, the United States agree to admit and 504 licence traders to hold intercourse with said tribe, under mild 505 and equitable regulations : in consideration of which, the Bel- 506 antse-eta or Minnetaree tribe bind themselves to extend protec- 507 tion to the persons and the property of the traders, and the per- 508 sons legally employed under them, whilst they remain within the 509 limits of their district of country. And the said Belantse-eta or 510 Minnetaree tribe further agree, that if any foreigner or other 511 person, not legally authorized by the United States, shall come 512 into their district of country, for the purposes of trade or other 513 views, they will apprehend such person or persons, and deliver 514 him or them to some United States superintendent or agent of 515 Indian affairs, or to the commandant of the nearest military 516 post, to be dealt with according to law. And they further agree 517 to give safe conduct to all persons who may be legally author- 518 ized by the United States to reside temporarily among them. 519 Article 6. That the friendship which is now established 520 between the United States and the Belantse eta or Minnetaree 521 , tribe shall not be interrupted by the misconduct of individuals, 522 it is hereby agreed that for injuries done by individuals 523 no private revenge or retaliation shall take place, but instead 524 thereof complaints shall be made by the party injured to the 525 superintendent or agent of Indian affairs, or other person ap- 526 pointed by the President ; and it shall be the duty of the said 527 chiefs, upon complaint being made as aforesaid, to deliver up 528 the person or persons against whom the complaint is made, to 529 the end that he or they may be punished, agreeably to the laws 15 530 of the United States. And, in like manner, if any robbery, 531 violence, or murder, shall be committed on any Indian or Indians 532 belonging to said tribe, the person or persons so offending shall 533 be tried, and, if found guilty, shall be punished in like manner 534 as if the injury had been done to a white man. And it is agreed 535 that the chiefs of the said Belantse-eta or Minnetaree tribe shall, 536 to the utmost of their power, exert themselves to recover horses, 537 or other property, which may be stolen or taken from any citi- 538 zen or citizens of the United States by any individual or indi- 539 viduals of said tribe ; and the property so recovered shall be 540 forthwith delivered to the agents or other person authorized to 541 receive it, that it may be restored to the proper owner. And 542 the United States hereby guarantee to any Indian or Indians of 543 said tribe a full indemnification for any horses or other property 544 which may be stolen from them by any of their citizens : Pro- 545 tided, That the property so stolen cannot be recovered, and that 546 suflficieut proof is produced that it was actually stolen by a citi- 547 zen of the United States. And the said Belantse-eta or Minne- 548 taree tribe engage, on the requisition or demand of the President 549 of the United States, or of the agents, to deliver up any white 550 man resident among them. 551 Aeticle 7. And the chiefs and warriors as aforesaid promise 552 and engage that their tribe will never, by sale, exchange, or as 553, presents, supply any nation, tribe, or band of Indians not in 554 amity with the United States with guns, ammunition, or other 555 implements of war. 556 Proclaimed Feb'y 6, 1826. 557 OADDOS. 558 Articles of a treaty made at the agency-house in the Caddo Nation 559 and State of Louisiana, on the first day of July, in the year 560 of our Lord one thousand eight hundred and thirty five, be- 561 tween Jehiel Brooks, commissioner on the jpart of the United 562 (States, and the chiefs, head-men, and warriors of the Caddo 563 Nation of Indians. 564 Akticle 1. The chiefs, head-men, and warriors of the said 565 nation agree to cede and relinquish to the United States all 566 their land contained in the following boundaries, to wit : 567 Bounded on the west by the north and south line which 568 separates the said United States from the republic of Mexico 569 between the Sabine and Eed Elvers, wheresoever the same shall 570 be defined and acknowledged to be by the two governments. 571 On the north and east by the Eed Eiver from the point where 16 572 the said north and south boundary-line shall intersect the Eed 573 Eiver, whether it be in the Territory of Arkansas or the State of 574 Louisiana, following the meanders of the said river down to its 575 function with the Pasoagoula Bayou. On the south by the 576 ^aid Pascagoula Bayou to its junction with the Bayou Pierre, 577 by said bayou to its junction with Bayou Wallace, by said bayou 578 and Lake Wallace to the mouth of the Cypress Bayou, thence 579 up said bayou to the point of its intersection with the flrst-men- 580 tioned north and south line, following the meanders of the said 581 water-courses; but if the said Cypress Bayou be not 'clearly 582 definable, so far, then, from a point which shall be definable by a 583 line due west till it intersect the said first-mentioned north and 584 south boundary-line, be the contents of land within said bounda- 585 ries more or less. 58G Akticlb 2. The said chiefs, head-men, and warriors of the 587 said nation do voluntarily relinquish their possession to the ter- 588 ritory of land aforesaid, and promise to remove at their own ex- 589 pense out of the boundaries of the United States and the terri- 590 tories belonging and appertaining thereto within the period of 591 'one year from and after the signing of this treaty, and never 592 more return to live, settle, or establish themselves as a nation , 593 tribe-, or community of people within the same. 594 AbticI/B 3. In consideration of the aforesaid cession, relin- 595 quishment, and removal, it is agreed the said United States shall 596 pay to the said nation of Caddo Indians the sums in goods, 597 horses, and money hereinafter mentioned, to wit : 598 Thirty thousand dollars, to be paid in goods and horses, as 599 agreed upon, to be delivered on the signing of this treaty. 600 Ten thousand dollars in money, to be paid within one year 601 from the first day of September next. 602 Ten thousand dollars per annum in money for the four years 603 next following, so as to make the whole sum paid and payable 604 eighty thousand dollars. 605 Article 4. It is further agreed that the said Caddo Nation 606 of Indians shall have authority to appoint an agent or attorney 607 in fact, resident within the United States, for the purpose of re- 608 ceiving for them from the said United States all of the annui- 609 ties stated in this treaty, as the same shall become due, to be 610 paid to their said agent or attorney in fact at such place or places 611 within the said United States as shall be agreed on between 612 him and the proper ofiicer of the Government of the United 613 States. 614 Article 5. This treaty, after the same shall have been rati- 615 fied and confirmed by the President and Senate of the United 616 States, shall be binding on the contracting parties. 617 Agreeably to the stipulations in the third article of the treaty. 17 618 there have been purchased at the request of the Caddo Indians, 619 and delivered to them, goods and horses to the amount of thirty 620 thousand dollars. 621 As evidence of the purchase and delivery as aforesaid, under 622 the direction of the commissioner, and that the whole of the same 623 have been received by the said Indians, the said commissioner, 624 Jehiel Brooks, and the undersigned chiefs and head-men of the 625 whole Caddo Nation of Indians, have hereunto set their hands 626 and affixed their seals the third day of July, in the year of our 627 'Lord one thousand eight hundred and thirty-five. 628 Articles supplennentary to the treaty made at the agency-house in the 629 Caddo Nation and State of Louisiana on the first day of July, 630 one thousand eight hundred and thirty five, between Jehiel Brooks, 631 commissioner on the part of the United States, and the chiefs 632 headmen, and warriors of the Caddo Nation of Indians, con- 633 eluded at the same place and on the same day between the said 634 commissioner on the part of the United States, and the chiefsi 635 head-men, and warriors of the said Nation of Indians, to wit : 636 \Yhereas the said nation of Indians did, in the year one 637 thousand eight hundred and one, give to one Frangois Grappe and C38 to his three sons then born and still living, named Jacques, 639 Dominique, and Belthazar, for reasons stated at the time and 640 repeated in a memorial which the said nation addressed to the 641 President of the United Slates in the month of January last, 043 one league of land to each, in accordance with the Spanish cus- C43 torn of granting land to individuals; that the chiefs and head. 644 men, with the knowledge and approbation of the whole Caddo 045 people, did go with the said Prangois G-rappe, accompanied by a 646 number of white men, who were invited by the said chiefs and 047 head-men to be present as witnesses, before the Spanish authority 648 at jSTatchitoches, and then and there did declare their wishes 649 touclung the said donation of land to the said Grappe and his 650 three sons, and did request the same to be written out in form 651 and ratified and confirmed by the proper authorities agreeably 652 to law; and 053 Whereas Larkin Edwards has resided for many years to 654 the present time in the Caddo Xation — was a long time th^eir true 055 and faithful interpreter, and though poor he has never sent the 656 red man away from his door hungry. He is now old and unable 657 to support himself by manual labor, and since his employment 658 as their interpreter has ceased, possesses no adequate means by (io9 which to live : Now, therefore, 660 Article 1. It is agreed that the legal representatives of 661 the said Frangois Grappe, deceased, and his three sons, Jacques, 3 I T - 18 662 Dominique, and Belthazar Grappe, shall have their right to the 663 said four leagues of land reserved to them and their heirs and 664 assigns forever. The said land to be taken out of the lands 665 ceded to the United States by the said Oaddo IsTation of Indians, 666 as expressed in the treaty to which this article is supplementary. 667 And the said four leagues of land shall be laid off" in one body 668 in the southeast corner of their lands ceded as aforesaid, and 669 bounded by the Eed Eiver four leagues, and by the Pascagoula 670 Bayou one league, running back for quantity from each, so as to 671 contain four square leagues of land, in conformity with the 672 boundaries established and expressed in the original deed of gift 673 made by the said Caddo Nation of Indians to the said Frangois 674 Grappe and his three sons, Jacques, Dominique, and Belthazar 675 Grappe. 676 Aeticle 2. And it is further agreed that there shall be 677 reserved to Larkin Edwards, his heirs and assigns, forever, one 678 section of land, to be selected out of the lands ceded to the 679 United States by the said nation of Indians, as expressed in the 680 treaty to which this article is supplementary, in any part thereof 681 not otherwise appropriated by the provisions contained in these 682 supplementary articles. 683 Aktiglb 3. These supplementary articles, or either of them, 684 after the same shall have been ratified and confirmed by the 685 President and Senate of the United States, shall be binding on 686 the contracting parties, otherwise to be void and of no effect 687 upon the validity of the original treaty to which they are sup- 688 plementary. 689 Proclaimed February 2, 1836. 690 CALAPOOIAS. 691 Franklin Piebce, President of the United States of America, 692 to all and singular to whom these presents shall come, 693 greeting : 694 Whereas a treaty was made and concluded at Dayton, Ore- 695 gou Territory, in the month of January, eighteen hundred and 696 fifty-five, by Joel Palmer, superintendent of Indian affairs, on 697 the part of the United States, and the chiefs of the confederated 698 bands of Indians residing in the Willamette Valley, which treaty 699 is in the words following, to wit : 700 Articles of agreement and convention made and concluded 701 at Dayton, Oregon Territory, by Joel Palmer, superintendent of 702 Indian affairs, on the part of the United States, and the follow- 703 iiignamed chiefs of the confederated bands of Indians residing 704 in the Willamette Valley, they being duly authorized thereto by 1-9 . 705 their respective bauds, to wit: Ki-a-kuts, Le Medecin, and Yat- 706 skaw, or Dave, chiefs of the Tualatin band of Calapooias; 707 Shap-h, or William, Shel-keah, or David, and Cha-ah, or Jesse, 708 chiefs of the Yam Hill band ; Dabo, or Jim, Sco-la-quit, or John, 709 and Yah-kow, or Kompetine, chiefs of the Che-luk-i-ma-uke 710 baud ; Ah-mo, or George, Himpher, or Hubbard, and Oh-no, or 711 Tim, chiefs of the Ohep-en-a-pho or Marysville band; Ma-mah- 712 mo, or Charley Peter, Cha-che-clue, or Tom, and Quiueflat, or 713 Ben, chiefs of the Chem-a-pho or Maddy baud ; Luck-a-ma-foo, 714 or Autoiue, and Hoo-til, or Charley, chiefs of the Che-lam-e-la 715 or Long Tom baud, all of the Calapooias ; Quia-qua-ty, Yalkus, 716 and Kow-ka-ma, or Long Hair, chiefs of the Mo-lal-la band of 717 Mo-lal-las ; Kiles, or Jim, and Kow-ah-tough, or John, chiefs of 718 the Calapooia band of Calapooias; Auta-quil-al-la, or John, and 719 Mequah, of the Winnefelly and Mohawk bands; Yack-a-tee, or 720 Sam, To-phor, or Jim Brown, aud Hal-la-be, or Doctor, of the 721 Tekopa band; Pulk-tah, of the Chafan band of the Calapooia 722 tribe ; Tum-walth and 0-ban-a-hah, chiefs of the Wah-lal-la band 723 of Turn-waters; Watch-a-no, Te-ap-i-nick, aud Wal-lah-pi-coto, 724 chiefs of the Clack-a-mas tribe ; Lallak and Cuck-a-mau-na, or 725 David, of the Olow-we-wal-la or Willamette Tum-water band ; 726 Tow-ye-col-la, or Louis ; Yelk-ma, or Jo, La-ham, or Tom, Joseph 727 Sauegertta, PuUican, Te-na, or Kiles, Pul-kup-li-ma, or John, 728 Sallaf, or Silas, Hoip-ke-nek, or Jack, Yepta, aud Sat-invose, or 729 James, chiefs aud head- men of the Santiam bands of Calapooias. 730 Aeticle 1. The above-namedconfederatedbandsof Indians 731 cede to the United States all their right, title, and claim to all 732 and every part of the country included in the following bounda- 733 ries, to wit : 734 Commencing in the middle of the main channel of the Colum- 735' bia River, opposite the mouth of the first creek emptying into 736 said river from the south below Oak Point, thence south to the 737 first standard parallel north of the base-line in the Government 738 survey, thence west to the summit of the Coast Range of mouut- 739 ains, thence southerly along the summit of said range to the 740 Calapooia Mountains, thence easterly along the summit of said 741 mountains to the summit of the Cascade Mountains, thence along 742 said summit northerly, to the middle of the Columbia River, at 743 the Cascade Falls, and thence down the middle of said river to 744 the place of beginning: 745 Provided, however, That said bands be permitted to remain 746 within the limits of the country ceded, and on such temporary 747 reserves as may be made for them by the superintendent of 748 Indian affairs, until a suitable district of country shall be desig- 749 nated for their permanent home, and proper improvements 750 made thereon : And provided, That the United States make - 20 751 proper provision for the security of their persons and property 752 from the hostile attacks of Indians of other tribes and bands. 753 At which time, or when thereafter directed by the snperintend- 754 ent of Indian affairs, or agent, said confederated bands engage 755 peaceably, and without expense to the United States other than 756 that provided for in this treaty, to vacate the country hereby 757 ceded, and remove to the district which shall be designated for 758 their permanent occupancy. 759 Aeticle 2. In consideration of, and payment for, the 760 country herein described, the United States agree to pay to the 761 bands and tribes of Indians claiming territory and residing in 762 said country, the several sums of money following, to wit : 763 Ten thousand dollars per annum for the first five years, 764 commencing on the first day of September, 1855. 765 Eight thousand dollars per annum for the term of five years 766 next succeeding the first iive. 767 Six thousand five hundred dollars per annum for the term 768 of five years next succeeding the second five. 769 Five thousand five hundred dollars per annum for the term 770 of five years next succeeding the third five. 771 All of which several sums of money shall be expended for 772 the use and benefit of the confederated bands, under the direc- 773 tion of the President of the United States, who may, from time 774 to time, at his discretion, determine what proportion thereof 775 shall be expended for such objects as in his judgment will pro- 776 mote their well-being, and advance them in civilization, for their 777 moral improvement and education, for buildings, opening and 778 fencing farms, breaking land, providing stock, agriculturalim- 779 plements, seeds, &c. ; for clothing, provisions, and tools ; for 780 medical purposes ; providing mechanics and farmers, and for 781 arras and ammunition. 782 The United States agree to pay said Indians the additional 783 sum of fifty thousand dollars, a portion whereof shall be ex- 784 pended for such articles as the superintendent of Indian affairs 785 shall furnish the Indians, as soon as practicable after the sign- 786 ing of this treaty ; and in providing, after the ratification there- 787 of, and while the Indians shall reside on the temporary reserves 788 that may be assigned them, horses, oxen, and other stock, 789 wagons, agricultural implements, clothing, and provisions, as 790 the President may direct; andfor erecting on the tract that may 791 be selected as their permanent homes, mills, shops, school-houses 792 a hospital, and other necessary buildings, and making improve- 793 ments ; for seeds, stock, and farming operations thereon ; for 794 paying for the permanent improvements of settlers, should any 795 such be on said tract at the time of its selection; to pay the 796 expenses of the removal of the Indians thereto, and in jirovid- 21 797 ing for their subsistence thereon for the first year after their re- 798 moval : Provided, however, That if any band or bands of In- 799 dians, residing on or claiming any portion or portions of the 800 country described in article iirst, shall not accede to the terms 801 of this treaty, then the bands becoming parties hereunto agree 802 to receive such part of the several annual and other payments 803 herein named, as a consideration for theentire country described 804 as aforesaid, as shall be in the proportion that their aggregate 805 number may bear to the whole number of Indians residing in 806 and claiming the entire country aforesaid, as consideration and 807 payment in fall for the tracts in said country claimed by them : 808 And provided, Any of the bands becoming parties to this treaty 809 establish a legitimate claim to any portion of the country north 810 of the Columbia Eiver, that the amount to which they may be 811 entitled as a consideration for such country, in any treaties here- 812 after entered into with the United States, shall be added to the 813 annuities herein provided for. 814 Article 3. In addition to the considerations specified, the 815 United States agree to provide for the employment, for the term 816 of five years from and after the removal of said Indians to their 817 permanent reserve, of a physician, a school-teacher, a black- 818 smith, and a superintendent of farming operations. 819 Article 4. The President may, from time to time, at his 820 discretion, cause the whole, or such i)ortion as he may think 821 proper, of the tract that may hereafter be set apart as the per- 822 manent home of these Indians, to be surveyed into lots, and 823 assign them to such Indians of the confederated bands as may 824 wish to enjoy the privilege, and locate thereon permanently ; to 825 a single person, over twenty-one years of age, twenty acres; to 826 a family of two persons, forty acres ; to a family of three, and 827 not exceeding five persons, fifty acres ; to a family of six per- 828 sons, and not exceeding ten, eighty acres; and to each family 829 over ten in number, twenty acres for each additional three mem. 830 bers. And the President may provide such rules and regula- 831 tions as will secure to the family, in case of the death of the 832 head thereof, the possession and enjoyment of such permanent 833 home and the improvements thereon ; and he may, at any time, 834 at his discretion, after such person or family has made location 835 on the land assigned as a permanent home, issue a patent to 836 such person or family, for such assigned land, conditioned that 837 the tract shall not be aliened or leased for a longer time than 838 two years, and shall be exempt from levy, sale, or forfeiture ; 839 which conditions shall continue in force until a State constitu- 840 tion, embracing such lands within its boundaries, shall have 841 been formed, and the legislature of the State shall remove the 842 restrictions : Provided, however, That no state legislature shall 22 843 remove the restrictions herein provided for, without the consent 8M of Congress. And if any such family shall at any time neglect 845 or refuse to occupy or till a portion of the land assigned, and 846 on which they have located, or shall rove from place to place, 847 the President may, if the patent shall have been issued, revoke 848 the same: or, if not issued, cancel the assignment; and may 849 also withhold from such person or family their proportion of the 850 annuities or other moneys due them, until they shall have re- 851 turned to such permanent home, and resume the pursuits of in- 852 dustry ; and in default of their return, the tract may be declared 853 abandoned, and thereafter assigned to some other person or 854 family of the Indians residing on the reserve. 855 Article 5. The annuities of the Indians shall not be taken 856 to pay the debts of individuals. 857 Article 6. The confederated bands acknowledge their de- 858 pendence on the government of the United States, and promise 859 to be friendly with all the citizens thereof, and pledge them- 860 selves to commit no depredations on the property of such citi- 861 zens. And should any one or more of the Indians violate this 862 pledge, and the fact be satisfactorily proven before the agent, 863 the property taken shall be returned, or in default thereof, or if 864 injured or destroyed, compensation may be made by the Govern- 865 ment out of their annuities. Nor will they make war on any 860 other band or tribe of Indians, except in self-defence, but will 867 submit all matters of difference between them and other Indians 868 to the Government of the United States, or its agent, for de- 869 cision, and abide thereby. And if any of said Indians commit 870 any depredations on any other Indians, the same rule shall pre- 871 vail as that prescribed in this article in case of depredations 872 against citizens. Said Indians further engage to submit to and 873 observe all laws, rules, and regulations which may be prescribed 874 by the United States for the government of said Indians. 875 Article. 7. In order to prevent the evils of intemperance 876 among said Indian's, it is hereby provided that any one of them 877 who shall drink liquor, or procure it for other Indians to drink, 878 may have his or her proportion of the annuities withheld from 879 him or her for such time as the President may determine. 880 Article 8. The said confederated bands agree that when a 881 permanent reserve shall be assigned them, all roads, highways, 882 and railroads,- demanded at any time by the public convenience, 883 shall have the right of way therein, a just compensation being 884 made therefor. 885 Article 9. This treaty shall be obligatory on the coutract- 886 ing parties as soon as the same shall be ratified by the President 887 and Senate of the United States, 888 Proclaimed April 10, 1855. 23 889 (JHASTAS. 890 Franiclin Pierce, President of the United States of America, 891 to all persons to whom these presents shall come, greeting : 892 Whereas a treaty was made and concladed, at the council- 893 ground, opposite the mouth of Applegate Greek, on Eogue Eiver, 894 in the Territory of Oregon, on the eighteenth day of November, 895 eighteen hundred and flfty-four, between the United States and 896 the Ohasta and other tribes of Indians, which treaty is in the 897 words following, to wit : 898 Articles of a convention and agreement made and concluded 899 at the council-ground, opposite the mouth of Applegate Greek, 900 on Eogue Eiver, in the Territory of Oregon, on the eighteenth 901' day of November, one thousand eight hundred and flfty-four, by 902 Joel Palmer, superintendent of Indian affairs, on the part of 903 the United States, and the chiefs and head-men of the Quil-si- 904 eton and Na-hel-ta bands, of the Ohasta tribe of Indians, the 905 Gow-nan-ti-co, Sa-cher-i-ton, and Na-al-ye bands of Scotons, and 906 the Grave Creek band of Umpquas, to wit, Jes-tul-tut, or Little 907 Ghief, Ko-ueche-quot, or Bill, Se-sel-che-tel, or Salmon Fisher, 908 Kul-kiam-i-na, or Bush-head, Te-pokonta, or Sam, and Jo, they 909 being duly authorized thereto by said united bands. 910 Article 1. The aforesaid united bands cede to the United 911 States all their country, bounded as follows : 912 Gommenciug at a point in the middle of Eogue Eiver, one 913 mile below the mouth of Applegate Greek ; thence northerly, on 914 the western boundary of the country heretofore purchased" of 915 the Eogue Eiver tribe by the United States, to the head- waters 916 of Jump-Off-Jo Greek; thence westerly to the extreme north- 917 eastern limit of the country purchased of the Gow Greek band 918 of Umpquas; thence along that boundary to its extreme south- 919 western limit ; thence due west to a point from which a line run- 920 ning due south would cross Eogue Ifflver, midway between the 921 mouth of Grave Greek and the great bend of Eogue Eiver; 922 thence south to the southern boundary of Oregon ; thence east 923 along said boundary to the summit of the main ridge of the 924 Siskiou Mountains, or until this line reaches the boundary of 925 the country purchased of the Eogue Eiver tribe; thence north- 926 erly along the western boundary of said purchase to the i)lace of 927 beginning. 928 Article 2. The said united bands agree that, as soon af- 929 ter the ratification of this convention as practicable, they will 930 remove to such portion of the Table Eock reserve as may be as- 931 signed them by the superintendent of Indian affairs or agent, 932 or to whatsoever other reserve the President of the United 933 States may at any time hereafter direct. 24 934 Aktiole 3. In consideration of and payment for the coun- 935 try herein ceded, the United States agree to pay to the said 936 united bands the sum of two thousand dollars annually for flf- 937 teeu years, from and after the first day of September, one thou- 938 sand eight hundred and fifty-five, which annuities shall be added 939 to those secured to the Eogue Eiver tribe by the treaty of the 940 10th September, 1853, and the amount shared by the members 941 of the united bands and of the Eogue Eiver tribe, jointly and 942 alike ; said annuities to be expended for the use and benefit of 943 said bands and tribe in such manner as the President may from 944 time to time prescribe ; for provisions, clothing, anxl merchan- 945 dise ; for buildings, opening and fencing farms, breaking land, 946 providing stock, agricultural implements, tools, seeds, and such 947 other objects as will in his judgment promote the comfort and 948 advance the prosperity and civilization of said Indians. The 949 United States also agree to appropriate the additional sum of 950 five thousand dollars, for the payment of the claims of persons 951 whose property has been stolen or destroyed by any of the said 953 united bands of Indians since the first day of January, 1849 ; 953 such claims to be audited and adjusted in such manner as the 954 President may prescribe. 955 Article 4. When said united bands shall be required to 956 remove to the Table Eock reserve or elsewhere, as the President 957 may direct, the further sum of six thousand five hundred dol- 958 lars shall be expended by the United States for provisions to 959 aid in their subsistence during the first year they shall reside 960 thereon- ; for the erecting of necessary buildings, and the break- 961 ing and fencing of fifty acres of land, and providing seed to 962 plant the same, for their use and benefit, in common with the 963 other Indians on the reserve. 964 Article 5. The United States engage that the following 965 provisions, for the use and benefit of all Indians residing on the 966 reserve, shall be made : 967 An experienced farmer shall be employed to aid and in- 968 struct the Indians in agriculture for the term of fifteen years. 969 Two blacksmith-shops shall be erected at convenient points 970 on the reserve," and furnished with tools and the necessary stock, 971 and skilful smiths employed for the same for five years. 972 A hospital shall be erected, and proper provision made for 973 medical purposes, and the care of the sick for ten years. 974 School-houses shall be erected, and qualified teachers em- 975 ployed to instruct children on the reserve, and books and sta- 976 tionery furnished for fifteen years. 977 All of which provisions shall be controlled by such laws, 978 rules, or regulations as Congress may enact or the President 979 prescribe. 25 980 Articlk a. Tlio Piesideut may, from time to time, at his 981 discretion, direct the surveying of a part or all of the agricultural 982 lands on said reserve, divide the same into small farms of from 983 twenty to eighty acres, according to the number of persons in a 984 family, and assign them to such Indians as are willing to avail 985 themselves of the privilege and locate thereon as a permanent 986 home, and to grant them a patent therefor under such laws and 987 regulations as may hereafter be enacted or prescribed. 988 Abticle 7. The annuities of the Indians shall not be taken 989 to pay the debts of individuals. 990 Article 8. The said united bauds acknowledge themselves 991 subject to the Government of the United States, and engage to 992 live in amity with the citizens thereof, and commit no depreda- 993 tions on the propierty of said citizens ; and should any Indian or 994 Indians violate this pledge, and the fact be satisfactorily proven, 995 the property shall be returned, or if not returned, or if injured or 996 destroyed, compensation may be made therefor out of their annui- 997 ties. They also pledge themselves to live peaceably with one 998 another, and^with other Indians, to abstain from war and private 999 acts of revenge, and to submit all matters of difference between 1000 -themselves and Indians of other tribes and bands to the decision 1001 of the United States or the agent, and to abide thereby. It is also 1002 agreed that if any individual shall be found guilty of bringing 1003 liquor into their country, or drinking the same, his or her 1001 annuity may be withheld during the pleasure of the President. 1005 Aeticle 9. This convention shall be obligatory on the con- 1006 tracting parties from and after its ratification by the President 1007 and Senate of the United States. 1008 Proclaimed April 10, 1855. 1003 OHBROKEES. 1010 Articles concluded at Hopewell, on the Keowee, between Benjamin 1011 HawTcins, Andrew Pickens, Joseph Martin, and Lachlane 1012 IVIntosli, commissioners plenipotentiary of the United States 1013 of America, of the one part, and the head-men and icarriors of 1014 all the GheroJcees of the other. 1015 The commissioners plenipotentiary of the United States in 1016 Congress assembled, give peace to all the Cherokees, and re- 1017 ceive them into the favour and protection of the United States of 1018 America, on the following conditions : 1019 Article 1. The head-men and warriors of all the (Jherokees 1020 shall restore all the prisoners, citizens of the United States, or 1021 subjects of their allies, to their entire liberty : They shall also 1022 restore all the negroes, and all other property taken during the 4 I T 26 1023 late war from the citlzeus, to saoh person, and at such time and 1024 place as the commissioners shall appoint. 1025 Akticle 2. The commissioners of the United States in 1026 Congress assembled shall restore all the prisoners taken from 1027 the Indians, during the late war, to the head-men and warriors 1028 of the Cherokees, as early as is practicable. 1029 Article 3. The said Indians, for themselves and their re- 1030 spective tribes and towns, do acknowledge all the Cherokees to 1031 be under the protection of the United States of America, and of 1032 no other sovereign whosever. 1033 Article 4. The boundary allotted to the Cherokees for 1034 their hunting-grounds between the said Indians and the citizens 1035 of the United States^ within the limits of the United States of 1036 America, Is, and shall be the following, viz : Beginning at the 1037 mouth of Duck Eiver, on the Tennessee 5 thence running north - 1038 east to the ridge dividing the waters running into Cumberland 1039 from those running into the Tennessee ; thence eastwardly 1040 along the said ridge to a northeast line to be run, which shall 1041 strike the river Cumberland forty miles aboye Nashville j thence 1042 along the said line to the river ; thence up the said river to the 1043 ford where the Kentucky road crosses the river ; thence to*Camp- 1044 bell's line, near Cumberland Gapj thence to the mouth of 1045 Claud's Creek on Holstein ; thence to the Chimney-Top Mountain ; 1046 thence to Camp-Creek, near the mouth of Big Limestone, on 1047 Nolichuckey ; thence a southerly course six miles to a mountain ; 1048 thence south to the North Carolina line ; thence to the South 1049 Carolina Indian boundary, and along the same southwest over 1050 the top of the Oconee Mountain till it shall strike Tugaloo Eiver ; 1051 thence a direct line to the top of the Ourrohee Mountain; 1052 thence to the head of the south fork of Oconee Eiver, 1053 Article 5, If any citizen of the United States, or other 1054 person not being an Indian, shall attempt to settle on any of 1035 the lands westward or southward of the said boundary which 1056 are hereby allotted to the Indians for their hunting grounds, or 1057 having already settled and will not remove from the same within 1058 six months after the ratification of this treaty, such person shall 1059 forfeit the protection of the United States, and the Indians may 1060 punish him or not as they please : Provided nevertheless, That 1061 this article shall not extend to the people settled between the 1062 fork of French Broad and Holstein Elvers, whose particular sit- 1063 nation shall be transmitted to the United States in Congress as- 1064 sembled for their decision thereon, which the Indians agree to 1065 abide by. 1066 Article 6. If any Indian or Indians, or person residing 1067 among them, or who shall take refuge in their nation, shall 1068 commit a robbery, or murder, or other capital crime, on any cit- 27 1069 izen of the United States, or person under their protection, the 1070 nation, or the tribe to which such offender or offenders may be- 1071 long, shall be bound to deliver him or them up to be punished 1072 according to the ordinances of the United States: Provided, 1073 That the punishment sliall not be greater than if the robbery or 1074 murder, or other capital crime, had been committed by a citizen 1075. on a citizen. 1076 Akticle 7. If any citizen of the United States, or person 1077 under their protection, shall commit a robbery or murder, or 1078 other capital crime, on any Indian, such offender or offenders 1079 shall be punished in the same manner as if the murder or rob- 1080 bery, or other capital crime, had been committed on a citizen of 1081 the United States ; and the punishment shall be in presence of 1082 some of the Cherokees, if any shall attend at the time and 1083 place ; and that they may have an opportunity so to do, due 1084 notice of the time of such intended punishment shall be sent to 1085 some one of the tribes. 1086 Article 8. It is understood that the punishment of the 1087 innocent, under the idea of retaliation, is unjast, and shall not be 1088 practised on either side, except where there is a manifest viola- 1089 tion of this treaty ; and then it shall be preceded first by a de- 1090 maud of justice, and if refused, then by a declaration of hos- 1091 tilities. 1092 Article 9. For the benefit and comfort of the Indiana. 1093 and for the prevention of injuries or oppressions on the part of 1094 the citizens or Indians, the United States in Congress assem 1095 bled shall have the sole and exclusive right of regulating the 1096 trade with the Indians, and managing all their affairs in such 1007 manner as they think proper. 1098 Article 10. Until the pleasure of Congress be known 1099 respecting the ninth article, all traders, citizens of the United 1100 States, shall have liberty to go to any of the tribes or towns of 1101 the Cherokees to trade with them, and they shall be protected 1102 in their persons and property, and kindly treated. 1103 Article 11. The said Indians shall give notice to the citi- 1104 zens of the United States of any designs which they may 1105 know or suspect to be formed in any neighbouring tribe, or by 1106 any person whosoever, against the peace, trade, or interest of 1107 the United States. 1108 Article 12. That the Indians may have full confidence in 1109 the justice of the United States respecting their interests, they 1110 shall have the right to send a deputy of their choice, whenever 1111 they think fit, to Congress. 1112 Article 13. The hatchet shall be forever buried, and the 1113 peace given by the United States, and friendship re-established 1114 between the said States on the OTie part, and all the Cherokees 28 1115 on the other, shall be universal ; and the contracting parties 1116 shall use their utmost endeavours to maintain the peace given as 1117 aforesaid, and friendship reestablished. 1118 Concluded November 22, 1785. 1119 A treaty of peace and friendship made and concluded between the 1120 President of the United States of America, on the part and 1121 behalf of the said States, and. the undersigned chiefs and war- 1122 riors of the Cherokee Nation of Indians, on the part and be- 1123 half of the said nation. 1124 The parties being desirous of establishing permanent peace 1125 and friendship between the United States and the said Cherokee 1126 Nation, and the citizens and members thereof, and to remove 3127 the causes-of war, by ascertaining their limits and making other 1128 necessary, just, and friendly arrangements : The President of 1129 the United States, by William Blount, governor of the territory 1130 of the United States of America south of the river Ohio, and 1131 superintendent of Indian affairs for the southern district, who 1132 is vested with full powers for these purposes, by and with the 1133 advice and consent of the Senate of the United States: And 1134 the Cherokee Nation, by the undersigned chiefs and warriors 1135 representing the snid nation, have agreed to the following arti- 1136 cles, namely : 1137 Akticle 1. There shall be perpetual peace and friendship 1138 between all the citizens of the United States of America, and 1139 all the individuals composing the whole Cherokee Nation of In- 1140 dians. 1141 Article 2. The undersigned chiefs and warriors, for them- 1142 selves and all parts of the Cherokee Nation, do acknowledge 1143 themselves and the said Cherokee Nation to be under the pro- 1144 tection of the United States of America, and of no other sov- 1145 ereign whosoever ; and they also stipulate that the said Chero- 1146 kee Nation will not hold any treaty with any foreign power, in- 1147 dividual State, or with individuals of any State. 1148 Akticle 3. The Cherokee Nation shall deliver to the gov- 1149 ernor of the territory of the United States of America south 1150 of the river Ohio, on or before the 1st day of April next, at this 1151 place, all persons who ai-e now prisoners, captured by them from 1152 any part of the United States : And the United States shall on 1153 or before the same day, and at the same place, restore to the 1154 Cherokees all the prisoners now in captivity which the citizens 1155 of the United States have captured from them. 1156 Aetiole 4. The boundary between the citizens of the 1157 United States and the Cherokee Nation is and shall be as fol- 1158 lows : Beginning at the top of the Currahee Mountain, where 29 1159 the Creek Hue passes it ; theucc a direct liue to Tugelo Eiver 1160 thence northeast to the Occunna Mountain, and over the same 1161 along the South Carolina Indian boundary to the North Caro- 1162 Una boundary; thence north to a point from which a line is to 1163 be extended to the river Clinch, that shall pass to Holston at 1164 the ridge which divides the waters running into Little Eiver 1165 from those running into tlie Tennessee; thence up the river 1166 Clinch to Campbell's line, and along the same to the top of 1167 Cumberland Mountain ; theuce.a direct line to the Cumberland 1168 Eiver where the Kentucky road crosses it ; thence down the 1169 Cumberland Eiver to a point from which a southwest line will 1170 strike the ridge which divides the waters of Cumberland from 1171 those of Duck Eiver, forty miles above JJ^ashville; thence down 1172 the said ridge to a point from whence a southwest line will 1173 strike the mouth of Duck Eiver. 1174 And in order to preclude forever all disputes relative to the 1175 said boundary, the same shall be ascertained and marked 1176 plainly by three persons appointed on the part of the United 1177 States, aud three Cherokees ou the part of their nation. 1178 And iu order to extinguish forever all claims of the Chero- 1179 kee Nation, or any part thereof, to any of the land lying to the 1180 right of the liue above described, beginning as aforesaid at the 1181 Currahee Mountain, it is hereby agreed, that in addition to the 1182 consideration heretofore made for the said land, the United 1183 States will cause certain valuable goods to be immediately de- 1184 livered to the undersigned chiefs and warriors, for the use of 1185 their nation ; and the said United States will also cause the sum 1186 of one thousand dollars to be paid annually to the said Cherokee 1187 Nation. And the undersigned chiefs and warriors do hereby 1188' for themselves and the whole Cherokee Nation, their heirs and 1189 descendants, for the considerations above-mentioned, release^ 1190 quit-claim, relinquish, aud cede, all the land to the right of the 1191 line described, and beginning as aforesaid. 1192 Article 5. It is stipulated and agreed that the citizens and 1193 inhabitants of the United States shall have a free and unmolested 1194 use of a road from Washington district to Mero district, and of 1195 the navigation of the Tennessee Eiver. 1196 Article 6. It is agreed on the part of the Cherokees that 1197 the United States shall have the sole and exclusive right of 1198 regulating their trade. 1199 Article 7. The United States solemnly guarantee to the 1200 Cherokee Nation all their lands not hereby ceded. 1201 Article 8. If any citizen of the United States, or other 1202 person not being an Indian, shall settle on any of the Cherokees' 1203 lands, such person shall forfeit the protection of the Unite:! 30 1204 States, and the Clierokees may puuish him or not, as they 1205 . please. 1206 Aetiole 9. No citizen or inhabitant of the United States 1207 shall attempt to hunt or destroy the game on the lands of the 1208 Cherokees; nor shall any citizen or inhabitant go into the Gher- 1209 okee country vrithont a passport first obtained from the governor 1210 of some one of the United States, or territorial districts, or such 1211 other person as the President of the United States may from 1212 , time to time authorize to grant the same. 1213 Article 10. If any Cherokee Indian or Indians, or person 1214 residing among them, or who shall take refuge in their nation, 1215 shall steal a horse from, or commit a robbery or murder, or other 1216 capital crime, on any citizens or inhabitants of the United States, 1217 the Cherokee Nation shall be bound to deliver him or them up, 1218 to be punished according to the laws of the United States. 1219 Article 11. If any citizen or inhabitant of the United 1220 States, or of either of the territorial districts of the United 1221 States, shall go into any town, settlement, or territory belonging 1222 to the Cherokees, and shall there commit any crime upon, or 1223 trespass against the person or property of any peaceable and 1224 friendly Indian or Indians which, if committed within the juris- 1225 diction of any State, or within the jurisdiction of either of the 1226 said districts, against a citizen or white inhabitant thereof, would 1227 be punishable by the laws of such State or district, such offender 1228 or offenders shall be subject to the same punishment, and shall 1229 be proceeded against in the same manner as if the offence had 1230 been committed within the jurisdiction of the State or district 1231 to which he or they may belong, against a citizen or white inhab- 1232 itant thereof. 1233 Article 12.. In case of violence on the persons or property 1234 of the individuals of either party, neither retaliation or reprisal 1235 shall be committed by the other, until satisfaction shall have 1236 been demanded of the party of which the aggressor is, and shall 1237 have been refused. 1238 Article 13. The Cherokees shall give notice to the citizens 1239 of the United States of any designs which they may know or 1240 suspect to be formed in any neighbouring tribe, or by any person 1241 whatever, against the peace and interest of the United States. 1242 Article 14. That the Cherokee Nation may be led to a 1243 greater degree of civilization, and to become herdsmen andcul- 1244 tivators, instead of remaining in a state of hunters, the United 1245 States will from time to time furnish gratuitously the said nation 1246 with useful implements of husbandry ; and further to assist the 1247 said nation in so desirable a pursuit, and at the same time to 1248 establisb a certain mode of communication, the United States 1249 will send such and so many persons to reside in said nation as 31 1250 they may judge proper, not exceeding four in number, who shall 1251 qualify themselves to act as interpreters. These persons shall 1252 have lands assigned by the Cherokees for cultivation for them- 1253 selves and their successors in office ; but they shall be precluded 1251 exercising any kind of traffic. 1255 Article 15. All animosities for past grievances shall 1256 henceforth cease, and the contracting parties will carry the fore- 1257 going treaty into full execution with all good faith and sin- 1258 cerity. 1259 Article 16. This treaty shall take effect and be obligatory 1260 on the contracting parties as soon as the same shall have been 1261 ratified by the President of the United States, with the advice 1262 and consent of the Senate of the United States. 1263 Additioiml article to the treaty made hetiveeii the United States 1264 and the Cherdlcees on the second day of July, one thousand 1265 seven hundred and ninety-one. 1266 It is hereby mutually agreed between Henry Knox, Secrc- 1267 tary of War, duly authorized thereto in behalf of the United 1268 States, on the one part, and the undersigned chiefs and warriors, 1269 in behalf of themselves and the Cherokee Ifation, on the other 1270 part, that the following article shall be added to and considered 1271 as part of the treaty made between the United States and the 1272 said Cherokee Nation on the second day of July, one thousand 1273 seven hundred and ninety-one, to wit : 1274 The sum to be paid annually by the United States to the 1275 . Cherokee Nation of Indians, in consideration of the relinquish- 1276 ment of land, as stated in the treaty made with them on the sec- 1277 ond day of July, one thousand seven hundred and ninety-one, 1278 shall be one thousand five hundred dollars instead of one thou- 1270 sand dollars, mentioned in the said treaty. 1280 Proclaimed February 7, 1792. 1281 Treaty with the Cherokee Indians. 1282 Whereas the treaty made and concluded on Holston Eiver, 1283 on the second day of July, one thousand seven hundred and 1284 ninety-one, between the United States of America and the Cher- 1285 okee Nation of Indians, has not been fully carried into execution 1286 by reason of some misunderstandings which have arisen : 1287 Article 1. And whereas the undersigned Henry Knox, 1288 Secretary for the Department of War, being authorised thereto 1289 by the President of the United States, in behalf of the said 1290 United States, and the undersigned chiefs and warriors, in their 1291 own names, and in liehalf of the whole Cherokee Nation, are 32 1292 desirous of re-establisliing peace aud frieudship between the said 1293 parties in a permanent manner, do hereby declare that the said 1294 treaty of Holston is, to all intents and purposes, in full force and 1295 binding upon the said parties, as well in respect to the boundaries 1296 therein mentioned as in all other respects whatever. 1297 Article 2. It is hereby stipulated that the boundaries 1298 mentioned in the fourth article of the said treaty shall be 1299 actually ascertained and marked in the manner prescribed by 1300 the said article, whenever the Cherokee Nation shall have ninety 1301 days' notice of the time and place at which the commissioners of 1302 the United States intend to commence their operation. 1303 Article 3. The United States, to evince their justice by 1304 amply compensating the said Cherokee Nation of Indians for all 1305 relinquishments of land made either by the treaty of Hopewell 1306 upon the Keowee Eiver, concluded on the twenty-eighth of No- 1307 vember, one thousand seven hundred and eighty-five, or the 1308 aforesaid treaty made upon the Holston Eiver, on the second of 1309 July, one thousand seven hundred and ninety-one, do hereby 1310 stipulate, in lieu of all former sums to be'paid annually, to fur- 1311 nish the Cherokee Indians with goods suitable for their use, to 1312 the amount of five thousand dollars yearly. 1313 Article 4. And the said Cherokee Natiou, in order to 1314 evince the sincerity of their intentions in future, to prevent the 1315 practice of stealing horses, attended with the most pernicious 1316 consequences to the lives and peace of both i^arties, do hereby 1317 agree, that for every horse which shall be stolen from the white 1318 inhabitants by any Cherokee Indians, and not returned within 1319 three months, that the sum of fifty dollars shall be deducted 1320 from the said annuity of five thousand dollars. ] 321 Article 5. The articles now stipulated will be considered 1322 as permanent additions to the treaty of Holston, as soon as they 1323 shall have been ratified by the President of the United States 1324 and the Senate of the United States. 1325 Proclaimed January 21, 179.1. 1326 Articlefi of a treaty beticeen the United States of America and the 1327 GheroTcee Indians. 1328 Whereas the treaty made and concluded on Holston Eiver, 1329 on the second day of July, In the year one thousand seven hun- 1330 dred and ninety-one, between the United States of America and 1331 the Cherokee Nation of Indians, had not been carried Into exe- 1332 cution for some time thereafter, by reason of some inisunder- 1333 standings which had arisen ; and 1334 Whereas in order to remove such misunderstandings, and 33 3335 to provide for carrying tlie said treaty iuto effect, and for re- 1336 establishing more fully the peace and friendship between the 1337 parties, another treaty was held, made, and concluded by and 1338 between them, at Philadelphia, the twenty-sixth day of June, in 1339 the year one thousand seven hundred and ninety- four ; in which , 1340 among other things, it was stipulated that the boundaries 1341 mentioned in the fourth article of the said treaty of Holston 1342 should be actually ascertained and marked in the manner pre- 1343 scribed by the said article, whenever the Cherokee Nation should 1344 have ninety days' notice of the time and place at which the ipom- 1345 missioners of the United States intended lo commence their 1346 operation J and 1347 Whereas further delays in carrying the said fourth article into 1348 complete effect did take place, so that the boundaries mentioned 1349 and described therein were not regularly ascertained and marked 1350 until the latter part of the year one thousand seven hundred and 1351 ninety-seven ; before which time, and for want of knowing the di- 1352 rect course of the said boundary, divers settlements were made, * 1353 by divers citizens of the United States, upon the Indian lands over 1354 and beyond the boundaries so mentioned and described in the 1355 said article, and contrary to the intention of the said treaties ; 1356 but which settlers were removed from the said Indian lands, by 1357 authority of the United States, as soon after the boundaries had 1358 been so lawfully ascertained and marked as the nature of the 1359 case had admitted ; and 1360 Whereas for the puri)ose of doing justice to the Cherokee 1361 Nation of Indians, and remedying inconveniencies arising to 1362 citizens of the United States from the adjustment of the bound- 1363 ary-line between the lands of the Cherokees and those 1364 of the United States, or the citizens thereof, or from any other 1365 cause in relation to the Cherokees; and in order to promote 1366 the interests and safety of the said States, and the citizens 1367 thereof, the President of the United States, by and with the 1368 advice and consent of the Senate thereof, hath appointed George 1369 Walton, of Georgia, and the President of the United States hath 1370 also appointed Lieutenant-Colonel Thomas Butler, commanding 1371 the troops of the United States in the State of Tennessee, to be 1372 commissioners for the purpose aforesaid ; and who on the part 1373 of the United States, and the Cherokee Nation by the under- 1374 signed chiefs and warriors, representing the said nation, have 1375 agreed to the following articles, namely : 1376 Aeticle 1. The peace and friendship subsisting between 3377 the United States and the Cherokee people are hereby renewed, 1378 continued, and declared perpetual. 1379 Article 2. The treaties subsisting between the present 1380 contracting parties are acknowledged to be of full and operat- 5lT 34 1381 ing force ; together with the construction and usage under their 1382 respective articles, and so to continue. 1383 Article 3. The limits and boundaries of the Cherokee 1384 Nation, as stipulated and marlted by the existing treaties between 1385 the parties, shall be and remain the same, where not altered by 1386 the present treaty. 1387 Abticlb 4. In acknowledgment for the protection of the 1388 United States, and for the considerations hereinafter expressed 1389 and contained, the Cherokee Nation agree, and do hereby relin- 1390 quish and cede to the United States all the lands within thefol- 1391 lowing points and lines, viz : From a point on the Tennessee 1392 River, below Tellico block-house, called the Wild-cat Eock, in a 1393 direct line to the Militia spring, near the Maryville road leading 1394 from Tellico. From the said spring to the Chill-howie Mountain, 1395 by a line so to be run as will leave all the farms on Nine-mile 1396 Creek to the northward and eastward of it ; and to be continued 1397 along Chill-howie Mountain, until it strikes Hawkins's line. 1398 Thence along the said line to the great Iron Mountain ; and from 1399 the top of which a line to be continued in a southeastwardly 1400 course to where the most southwardly branch of Little Eiver 1401 crosses the divisional line to Tuggaloe Itiver : From the place of 1402 beginning, the Wild-cat Kock, down the northeast margin of the 1403 Tennessee Eiver (not including islands) to a point or place one 1404 mile above the junction of that river with the Clinch, and from 1405 thence by a line to be drawn in a right angle, until it intersects 1406 Hawkins's line leading from Clinch. Thence down the said line 1407 to the river Clinch ; thence up the said river to its junction with 1408 Emmery's Eiver; and thence up Emmery's Eiver to the foot of 1409 Cumberland Mountain. From thence a line to be drawn, north- 1410 eastwardly, along the foot of the mountain, until it intersects 1411 with Campbell's line. 1412 Article 5. To prevent all future misunderstanding about 1413 the line described in the foregoing article, two commissioners 1414 shall be appointed to superintend the running and marking the 1415 same, where not ascertained by the rivers, immediately after 1416 signing this treaty ; one to be appointed by the commissioners 1417 of the United States, and the other by the Cherokee Nation ; 1418 and who shall cause three maps or charts thereof to be made 1419 out; one whereof shall be transmitted and deposited in the 1420 War Ot&de of the United States ; another with the executive of 1421 the State of Tennessee, and the third'with the Cherokee Nation, 1422 which said line shall form a part of the boundary between the 1423 United States and the Cherokee Nation. 1424 Article 6. In consideration of the relinquishment and ces- 1425 sion hereby made, the United States, upon signing the present 1426 treaty, shall cause to be delivered to the Cherokees, goods, 35 1427 wares, and merchandize, to the amount of five thousand dollars, 1428 and shall cause to be delivered, annually, other goods, to the 1429 amount of one thousand dollars, in addition to the annuity 1430 already provided for ; and will continue the guarantee of the 1431 remainder of their country forever, as made and contained in 1432 former treaties. 1433 Article 7. The Cherokee Nation agree, that the Kentucty 1434 road, running between the Cumberland Mountain and the Cuin- 1435 berland Eiver, where the same shall pass through the Indian 1436 land, shall be an open and free road for the use of the citizens of 1437 the United States in like manner as the road from Southwest 1438 Point to Cumberland Eiver. In consideration of which it is 1439 hereby agreed on the part of the United States, that until settle- 1440 ments shall make it improper, the Cherokee hunters shall be at 1441 liberty to hunt and take game upon the lands relinquished and 1442 ceded by this treaty. 1443- AuTiCLE 8. Due notice shall be given to the principal 1444 towns of the Cherokees, of the time proposed for delivering the 1445 annual stipends ; and sufficient supplies of provisions shall be 1446 furnished, by and at the expense of the United States, to sub- 1447 sist such reasonable number that may be sent, or shall attend to 1448 receive them during a reasonable time. 1449 Article 9. It is mutually agreed between the parties, tbat 1450 horses stolen and not returned within ninety days shall be paid 1451 for at the rate of sixty dollars each ; if stolen by a white man, 1452 citizen of the United States, the Indian proprietor shall be paid 1453 iu cash ; and if stolen by an Indian from a citizen, to be deducted 1454 as expressed in the fourth article of the treaty of Philadelphia, 1455 This article shall have retrospect to the commencement of the 1456 first conferences at this place in the present year, and no fur- 1457 ther. And all animosities, aggressions, thefts, and plunderings, 1458 prior to that day, shall cease, and be no longer remembered or 1459 demanded on either side. 1460 Article 10. The Cherokee Nation agree, that the agent who 1461 shall be appointed to reside among them from time to time 1462 shall have a sufficient piece of ground allotted for his temporary 1463 use. 1464 And lastlj', This treaty, and the several articles it contains, 1465 shall be considered as additional to, and forming a part of, 1466 treaties already subsisting between the United States and the 1467 Cherokee Nation, and shall be carried into effect on both sides, 1468 with all good faith, as soon as the same shall be approved and 1469 ratified by the President of the United States, and the Senate 1470 thereof. 1471 Concluded October 2, 1798. 36 1472 Articles of a treaty between the United States of America and the 1473 CheroTcee Indians. 14/4 Dauiel Smith and Return J. Meigs, being commissioned by 1475 Thomas Jefferson^ President of the United States, with powers 1476 of acting in behalf of the said United States, in arranging cer- 1477 tain matters with the Cherokee Nation of Indians; and the 1478' underwritten principal chiefs, representing the said nation, hav- 1479 ing met the said commissioners in a conference at TelUco, and 1480 having taken into their consideration certain propositions made 1481 to them by the said commissioners of the United States; the 1482 parties aforesaid have unanimously agreed and stipulated, as is 1483 definitely expressed in the following articles : 1484 Article 1. For the considerations hereinafter expressed, 1485 the Cherokee Nation relinquish and cede to the United States 1486 a tract of land bounding, southerly, on the boundary-line be- 1487 tween the Stateof Georgia and the said Cherokee Nation, begin- 1488 ning at a point on the said boundary-line northeasterly of the 1489 most northeast plantation, in the settlement known by the name 1490 of Wafford's Settlement, and running at right angles with the 1491 said boundary line four miles into the Cherokee land; thence 1492 at right angles southwesterly and parallel to the first mentioned 1493 boundary-line, so far as that a line, to be run at right angles 1494 southerly to the said first mentioned boundary-line, shall include 1495 in this cession all the plantations in Wafford's Settlement, 1496 so-called, as aforesaid. 1497 Article 2. For and in consideration of the relinquishment 1498 and cession, as expressed in the first article, the United States, 1499 upon signing the present treaty, shall- cause to be delivered to 1500 the Cherokees useful goods, wares, and merchandise, to the 1501 amount of five thousand dollars, or that sum in money, at the 1502 option (timely signified) of the Cherokees, and shall, also, cause 1503 to be delivered, annually, to them, other useful goods to the 1504 amount of one thousand dollars, or money to that amount, at 1505 the option of the Cherokees, timely notice thereof being given, 1506 in addition to the annuity heretofore stipulated, and to be de- 1507 livered at the usual time of their receiving their annuity. 1508 Proclaimed May 17, 1804. 1509 Articles of a treaty agreed upon hetwien the United States of Amer- 1510 ica, hy their commissioners, Return J, Meigs and Daniel Smith, 1511 appointed to hold conferences with the Clierohee Indians, for the 1512 purpose of arranging certain interesting matters with the said 1513 Cherokees, of the one part, and the undersigned chiefs and head- 1514 men of the said nation, of the other part. 1515 Article 1. All former treaties, which provide for the main- 37 1516 tenance of peace aud preventing of crimes, are on tliis occasion 1517 recognized and continued in force. 1518 Article 2. The Oheroliees quit claim aud cede to the 1519 United States all the land which they have heretofore claimed, 1520 lying to the nortli of the following boundary line : beginning 1521 at the mouth of Duck Eiver, running thence up the main stream 1522 of the same to the junction of the fork, at the head of which Port 1523 Nash stood, with the main south fork ; thence a direct course to 1524 a point on the Tennessee River bank, opposite the mouth of 1525 Hiwassa Eiver. If the line from Hiwassa should leave out 1526 Field's Settlement, it is to be marked round his improvement, 1527 and then continued the straight course ; thence up the middle 1528 of the Tennessee Eiver, (but leaving all the islands to the Cher- 1529 okees,) to the mouth of Clinch Eiver ; thence up the Clinch 1530 Eiver to the former boundary line agreed upon with the said 1531 Cherokees, reserving at the same time to the use of the Cher- 1532 okees a small tract lying at and below the mouth of Clinch 1533 Eiver; from the mouth extending thence down the Tennessee 1534 Eiver, from the mouth of Clinch to a notable rock on the north 1535 bank of the Tennessee, in view from Southwest Point ; thence 1536 a course at right angles with the river to the Cumberland road ; 1537 thence eastwardly along the same, to the bank of Clinch Eiverj 1538 so as to secure the ferry landing to the Cherokees up to the first 1539 hill, and down the same to the mouth thereof, together with two 1540 other sections of one square mile each, one of which is at the 1541 foot of Cumberland Mountain, at and iiear the place where the 1542 turnpike gate now stands ; the other on the north bank of the 1543 Tennessee Eiver, where the Cherokee Talootiske now lives. And 1544 whereas, from the present cession made by the Cherokees, arid 1545 other circumstances, the site of the garrisons at South West 1546 Point and Tellico are become not the most convenient and suit- 1547 able places for the accommodation of the said Indians, it may 1548 become expedient to remove the said garrisons aud factory to 1549 some more suitable place, three other square miles are reserved 1550 for the particular disposal of the United States on the north 1551 bank of the Tennessee, opposite to and below the mouth of 1552 Hiwassa. 1553 Article 3. In consideration of the above cession and relin- 1554 quishment, the United States agree to pay immediately three 1555 thousand dollars in valuable merchandize, and eleven thousand 1556 dollars within ninety days after the ratification of this treaty, and 1557 also an annuity of three thousand dollars, the commencement of 1558 which is this date. But so much of the said eleven thousand 1559 dollars as the said Cherokees may agree to accept in useful arti. 1560 cles of and machines for agriculture and manufactures, shall be 1561 paid in those articles, at their option. 38 1562 Article 4. The citizens of tlie United States shall have the 1563 free and unmolested use and enjoyment of the two following de- 1564 scribed roads, in addition to those which are at present estab- 1565 lished through theircountry; one to proceed from some convenient 1566 place near the head of Stone's Eiver, and fall into the Georgia 1567 road at a suitable place towards the southern frontier of the 1568 Oherokees. The other to proceed from the neighbourhood of 1569 Franklin, on Big Harpath, and crossing the Tennessee at or near 3570 the Muscle Shoals, to pursue the nearest and best way to the 1571 settlements on the Tombigbee. These roads shall be viewed and 1572 marked out by men appointed on each side for that purpose, in 1573 order that they may be directed the nearest and best ways, and 1574 the time of doing the business the Oherokees shall be duly 1575 notified. 1576 Article 5. This treaty shall take effect and be obligatory 1577 on the contracting parties as soon as it is ratified by the Presi- 1578 dent of the United States, by and with the advice and consent 1579 of the Senate of the same. 1580 Proclaimed April 24, 1806. 1581 Articles of a treaty between the United States of America, hy their '1582 commissioners, Return J. Meigs and Daniel Smith, who are 1583 appointed to hold conferences with the Cherolcees for the purpose 1584 of arranging certain interesting matters with the said Indians, 1585 of the one part, and the undersigned chiefs and head-men of the 1586 . Cherolcees, of the other part. 1587 Article 1. Whereas it has been represented by the one 1588 party to tbe other, that the section of land on which the garrison 1589 of South West Point stands, and which extends to Kingston, is 1590 likely to be a desirable place for the assembly of the State of 1591 Tennessee to convene at, (a committee from that body now in 1592 session having viewed the situation,) no^ the Oherokees being 1593 possessed of a spirit of conciliation, and seeing that this tract is 1594 desired for public purposes, and not for individual advantages, 1595 (reserving the ferries to themselves,) quit claim and cede to the 1596 United States the said section of land, understanding at the same 1597 time that the buildings erected by the public are to belong to 1598 the public, as well as the occupation of the same, during the 1599 pleasure of the Government; we also cede to the United States 1600 the first island in the Tennessee, above the mouth of Olinch. 1601 Article 2. And whereas the mail of the United States is 1602 ordered to be carried from Knoxville to New Orleans, through 1603 the Oherokee, Greek and Ohoctaw countries, the Oherokees 1604 agree that the citizens of the United States shall have, so far as 1605 it goes through their country, the free and unmolest«d use of a 39 1606 road leading from Tellico to Tombigbe, to be laid out by viewers 1607 appointed on both sides, who shall direct it the nearest and best 1608 way ; and the time of doing the business the Cherokees shall be 1609 notified of. 1610 Abticle 3. In consideration of the above cession and re- 1611 linquishment, the United States agree to pay to the said Cher- 1612 okee Indians sixteen hundred dollars in money, or useful mer- 1613 chandize, at their option, within ninety days after the ratification 1614 of this treaty. 1615 Aeticle 4. This treaty shall be obligatory between the con- 1616 tracting parties as soon as it is ratified by the President, by and 1617 with the advice and consent of the Senate of the United States. 1618 Proclaimed June 10, 180C. 1619 A convention between the United States and the CheroTcee Nation of 1620 Indians, concluded at the city of Washington, on the seventh 1621 ^ day of January, in the year one thousand eight hundred and 1622 ' six. 1623 Articles of a convention made between Henry Dearborn, 1624 secretary of war, being specially authorized thereto by the Pres- 1625 ident of the United States, and^the undersigned chiefs and head- 1626 men of the Cherokee Nation of Indians, duly authorized and em- 1627 powered by said nation. 1628 Aeticle 1, The undersigned chiefs and head-men of the 1629 Cherokee Nation of Indians, for themselves and in behalf of their 1630 nation, relinquish to the United States all right, title, interest 1631 and claim, which they or their nation have or ever had to all 1632 that tract of country which lies to the northward of the river 1633 Tennessee and westward of a line to be run from the upper part 1634 of the Chickasaw Old Fields, at the upper iioint of an island, 1635 called Chickasaw Island, on said river, to the most easterly head 1636 waters of that branch of said Tennessee Eiver called Duck Eiver, 1637 excepting the two following described tracts, viz, one tract 1638 bounded southerly on the said Tennessee Eiver, at a place called 1639 the Muscle Shoals, westerly by a creek called Te Kee, ta, no-eh 1640 or Cyprus Creek, and easterly by Chu, wa, lee, or Elk Eiver or 1641 Creek, and northerly by a line to be drawn from a point on said 1642 Elk Eiver ten miles on a direct line from its mouth or junction 1643 with Tennessee Eiver, to a point on the said Cyprus Creek, ten 1644 miles on a direct line from its junction with the Tennessee Eiver. 1645 The other tract is to be two miles in width on the north side 1646 of Tennessee Eiver, and to extend northerly from that river 1647 three miles, and bounded as follows, viz, beginning at the mouth 1648 of Spring Creek, and running up said creek three miles on a 1649 straight line, thence westerly two miles at right angles with the 40 1650 general course of said creek, thence southerly on a line parallel 1651 with the general course of said creek to the Tennessee Eiver, 1652 thence up said river by its waters to the beginning : which first 1653 reserved tract is to be considered the common property of the 1654 Oherokees who now live on the same, including Johu D. Ohes- 1655 holm, Au, tow, we, and Cheh Chuh, and the other reserved tract 1656 on which Moses Meltou now lives is to be considered the prop- 1657 erty of said Melton and of Charles Hicks, in equal shares. 1658 And- the said chiefs and headmen also agree to relinquish 1659 to the United States all right or claim which they or their nation 1660 have to what is called the Long Island in Holston Eiver. 1661 Article 2, The said Henry Dearborn on the part of the 1662 United States hereby stipulates and agrees that in consideration 1663 of the relinquishment of title by the Oherokees, as stated in the 1664 preceding article, the United States will pay to the Cherokee 1665 Nation two thousand dollars in money as soon as this convention 1666 shall be duly ratified by the Government of the United States ; 1667 and two thousand dollars in each of the four succeeding^ years, 1668 amounting in the whole to ten thousand dollars ; and that a grist- 1669 mill shall, within one year from the date hereof, be built in the 1670 Cherokee country, for the use of the nation, at such place as 1671 shall be considered most convenient; that the said Oherokees 1672 shall be furnished with a machine for cleaning cotton ; and also, 1673 that the old Cherokee chief, called the Black Fox, shall be 1674 paid annually one hundred dollars by the United States during 1675 his life. 1676 Article 3, It is also agreed on the part of the United 1677 States, that the Government thereof will use its influence and 1678 best endeavors to prevail on the Chickasaw Nation of Indians to 1679 agree to the following boundary between that nation and the 1680 Oherokees to the southward of the Tennessee Eiver, viz, begin- 1681 ning at the mouth of Oaney Creek near the lower part of the 1682 Muscle Shoals, and to run up said creek to its head, and ia a 1683 direct line from thence to the Flat Stone or Eock, the old corner 1684 boundary. 1685 But it is understood by the contracting parties that the 1686 United States do not engage to have the aforesaid line or bound- J1687 ary established, but only to endeavor to prevail on the Chicka- 1688 siw Nation to consent to such a line as the boundary between the 1689 two nations. 1690 Article 4. It is further agreed on the part of the United 1691 States that the claims which the Ohickasaws may have to the 1692 two tracts reserved by the first article of this convention on the 1693 north side of the Tennessee Eiver, shall be settled by the United 1694 States in such manner as will be equitable, and will secure to 1695 the Oherokees the title to the said reservations. 1696 Proclaimed May 23, 1807. 41 1697 Elucidation of a convention icith the Gherolee Nation, 1698 Whereas by tlie first article of a convention between the 1699 United States and the Cherokee Nation, entered into at the 1700 city of Washington, on the seventh day of January, one thoii- 1701 sand eight hundred and six, it was intended on the part of the 1702 Cherokee Nation, and so understood by the Secretary of War, 1703 the commissioner on the part of the United States, to cede to 170-1 the United States all the right, title, and interest which the said 1705 Cherokee Nation ever had to a tract of country contained be- 1706 tween the Tennessee Eiver and the Tennessee ridge (so-called ;) 1707 which tract of country had, since the year one thousand seven 1708 hundred and ninety-four, been claimed by the Cherokees and 1709 the Chickasaws ; the eastern boundary whereof is limited by a 1710 line so to be run from the upper part of the Chickasaw Old 1711 " Fields, as to include all the waters of Elk Eiver, anything ex- 1712 pressed in said convention to the contrary notwithstanding : It 1713 is therefore now declared by James Robertson and Eeturn J. 1714 Meigs, acting under the authority of the Executive of the United 1715 States, and by a delegation of Cherokee chiefs, of whom Euno- 1716 lee or Black Fox, the king or head chief of said Cherokee Nation, 1717 acting on the part of, and in behalf of said nation, is one, that 1718 the eastern limits of said ceded tract shall be bounded by a line so 1719 to be run from the upper end of the Chickasaw Old Fields, a 1720 little above the upper point of an island called Chickasaw 1721 Island, as will most directly intersect the first waters of Elk 1722 Eivpr, thence carried to the Great Cumberland Mountain, in 1723 which the waters of Elk Eiver have their source, then along the 1721 margin of said mountain untill it shall intersect lands hereto- 1725 fore ceded to the United States, at the said Tennessee ridge. 1726 And in consideration of the readiness shown by the Cherokees 1727 to explain, and to place the limits of the land ceded by the said 1728 convention out of all doubt, and in consideration of their ex- 1729 penses in attending council, the Executive of the United States 1730 will direct that the Cherokee Nation shall receive the sum of 1731 two thousand dollars, to be paid to them by their agent, at such 1732 time as the said Executive shall direct, and that the Cherokee 1733 hunters, as hath been the custom in such cases, may hunt on 1734 said ceded tract, until by the fullness of settlers it shall become 1735 improper. And it is hereby declared by the parties, that this 1736 explanation ought to be considered as a just elucidation of the 1737 cession made by the first article of said convention. 1738 Proclaimed April 22, 1808. OlT 42 1739 Articles of a treaty made and concluded at the city of Washington, 1740 on the ticenty-second day of March, one thousand eight hundred 1741 and sixteen, hetween George Qraham, being specially authorized 1742 ly the President of the United States thereto, and the under- lies signed chiefs and head-men of the Cherokee Nation, duly author- 1744 izedand empowered hy the said nation. 1745 Article 1, Whereas the executive of the State of South 1746 Carolina has made an application to the President of the United 1747 States to extinguish the claim of the Cherokee Nation to that 1748 part of their lands which lie within the boundaries of the said 1749 State, as lately established and agreed upon between that State 1750 and the State of North Carolina ; and as the Cherokee Nation 1751 is disposed to comply with the wishes of their brothers of South 1752 Carolina, they have agreed and do hereby agree to cede to the 1753 State of South Carolina, and forever quit claim to, the tract of 1754 country contained within the following bounds, viz, beginning 1755 on the east bank of the Chattuga Eiver, where the boundary- 1756 line of the Cherokee Nation crosses the same, running thence, 1757 with the said boundary-line, to a rock on the Blue Eidge, where 1758 the boundary-line crosses the same, and which rock has been 1759 lately established as a corner to the States of North and South 1760 Carolina ; running thence, south, sixty-eight and a quarter de- 1761 grees west, twenty miles and thirty-two chains, to a rock on the 1762 Chattuga Eiver at the thirty-fifth degree of north latitude, an- 1763 other corner of the boundaries agreed upon by the States of 1764 North and South Carolina; thence, down and with the Chat- 1765 tnga, to the beginning. 1760 Aeticlb 2. For and in consideration of the above cession, 1767 the United States promise and engage that the State of South 1768 Carolina shall pay to the Cherokee Nation, or its accredited agent, 1769 the sum of five thousand dollars, within ninety days after the 1770 President and Senate shall have ratified this treaty : Provided, 1771 That the Cherokee Nation shall have sanctioned the same in 1772 council : And provided also. That the executive of the State of 1773 South Carolina shall approve of tlie stipulations contained in 1774 this article. 1775 Eatified April 8, 1816. 1776 Articles of a convention made and entered into hetween George nil Graham, specially authorized thereto hy the President of the 1778 United States, and tlie undersigned chiefs and head-men of the 1779 CheroJcee Nation, duly authorized and empowered by the said 1780 nation. 1781 Article 1. Whereas doubts have existed in relation to the 1782 northern boundary of that part of the Creek lands lying west 43 1783 of the Goosa Eiver, and which were ceded to the United States 1784 by the treaty held at Fort Jackson, on the ninth day of August, 1785 one thousand eight hundred and fourteen ; and whereas, by the 1786 third article of the treaty dated the seventh of January, one 1787 thousand eight hundred and six, between the United States and 178S the Cherokee Kation, the United States have recognised a claim 1789 on the part of the Cherokee Nation to the land south of the 1790 Big Bend of the Tennessee Eiver, and extending as far west as 1791 a place ou the waters of Bear Creek, [a branch of the Tennes- 1793 see Eiver,] known by the name of the Flat Eock, or Stone; it 1793 is therefore now declared and agreed, that a line shall be run . 1791 from a point on the west bank of the Coosa Eiver, opposite to 1795 the lower end of the Ten Islands in said river, and above Port 1796 Strother, directly to the Flat Eock or Stone, on Bear Creek, [a 3 797 branch of the Tennessee Eiver ;] which line shall be established 1798 as the boundary of the lands ceded by the Creek Nation to the 1799 United States by the treaty held at Fort Jackson, on the ninth 1800 day of August, one thousand eight hundred and fourteen, and 1801 of the lands claimed by the Cherokee Nation lying west of the 1802 Coosa and south of the Tennessee Eivers. 1803 Article 2. It is expressly agreed on the part of the Chero- 1804 kee Nation that the United States shall have the right to lay 1805 off, open, and have the free use of, such road or roads, through 1806 any part of the Cherokee Nation, lying north of the bouudary- 1807 line now established, as may be deemed necessary for the free 1808 intercourse between the States of Tennessee and Georgia and 1809 the Mississippi Territory. And the citizens of the United 3810 States shall freely navigate and use, as a highway, all the rivers 1811 and waters within the Cherokee Nation. The Cherokee Nation 1812 further agree to establish and keep up, on the roads to be opened 1813 under the sanction of this article, such ferries and public houses 1811 as may be necessary for the accommodation of the citizens of 1815 the United States. 1816 Article 3. In order to preclude any dispute hereafter 1817 relative to the boundary-line now established, it is hereby 1818 . agreeli that the Cherokee Nation shall appoint two commission- 1819 ers to accompany the commissioners already appointed on the 1820 part of the United States to ran the boundary -lines of the lands 1821 ceded by the Greek Nation to the United States, while they are 1822 engaged in running that part of the boundary established by 1823 the first article of this treaty. 1824 Article 4. In order to avoid unnecessary expense and 1825 delay, it is further agreed that, whenever the President of the 1826 United States may deem it expedient to open a road through any 1827 part of the Cherokee Nation, in pursuance of the stipulations 1828 of the second article of this convention, the principal chief of 44 1829 the Cherokee Nation shall appoint one commissioner to accom- 1830 pany the commissioners appointed by the President of the 1831 United States, to lay off and mark the road; and the said com- 1832 missioner shall be paid by the United States. 1833 Article 5. The United States agree to indemnify the indi- 1834 viduals of the Cherokee Nation for losses sustained by them in 1835 consequence of the march of the militia and other troops in the 1836 service of the United States through that nation ; which losses 1837 have been ascertained by the agents of the United States to 1838 amount to twenty-five thousand five hundred dollars. 1839 Ratified Aprir8,'1816. 1840 Treaty with the Gherolcees. 1841 To perpetuate peace and friendship between the United 1842 States and Cherokee tribe, or nation, of Indians, and to remove 1843 all future causes of dissension which may arise from indefinite . 1844 territorial boundaries, the President of the United States of 1845 America, by Major General Andrew Jackson, General David 1846 Meriwether, and Jesse Franklin, esquire, commissioners pleuipo- 1847 tentiary, on the one part, and the Cherokee delegates on the 1848 other, covenant and agree to the following articles and condi- 1849 tions, which, when approved by the Cherokee Nation, and con- 1850 stitutioually ratified by the Government of the United States, 1851 shall be binding on all parties : 1852 Article 1. Peace and friendship are hereby firmly estab- 1853 lished between the United States and Cherokee Nation, or tribe, 1854 of Indians. 1855 Article 2. The Cherokee Nation acknowledge the folio w- 1856 ing as their western boundary : South of the Tennessee River, 1857 commencing at Camp Coffee, on the south side of the Tennessee 1858 River, which is opposite the Chickasaw Island, running from 1859 thence a due south course to the top of the dividing ridge 1860 between the waters of the Tennessee and To mbigbee Rivers ; 1861 thence eastwardly along said ridge, leaving the head-waters of 1862 the Black Warrior to the right hand, until opposed by the west 1863 branch of Well's Creek, down the east bank of said creek to the 1864 Coosa River, and down said river. 1865 Article 3. The Cherokee Nation relinquish to the United 1866 States all claim, and cede all title, to lands laying south and west 1867 of the line, as described in the second article ; and, in consider- 1868 ation of said relinquishment and cession, the commissioners 1869 agree to allow the Cherokee Nation an annuity of six thousand 1870 dollars, to continue for ton successive years, and five thousand 1871 dollars, to be paid in sixty days after the ratification of the 45 1872 treaty, as a compensation for any improvements which the said 1873 nation may have had on the lands surrendered. 1874 Article 4. The two contracting parties covenant and agree 1875 that the line, as-described in the second article, shall be ascer- 1876 tained and marked by commissioners, to be appointed by the 1877 President of the United States ; that the marks shall be bold ; 1878 trees to be blazed on both sides of the line, and the fore and aft 1879 trees to be marked with the letters U. S. ; that the commission- 1880 ers shall be accompanied by two persons, to be appointed by 1881 the Cherokee Nation, and that said nation shall have due and 1882 seasonable notice when said operation is to be commenced. 1883 Article 5. It is stipulated that the Cherokee Nation will 1884 meet General Andrew Jackson, General David Meriwether, and 1885 Jesse Franklin, esquire, in council, at Turkey's Town, Coosa 1886 Eiver, on the 28th of September, (instant,) there and then to 1887 express their approbation, or not, of the articles of this treaty ; 1888 and if they do not assemble at the time and place specified, it is 1889 understood that the said commissioners may report the same as 1890 a tacit ratification, on the part of the Cherokee Nation, of this 1891 treaty. 1892 Proclaimed December 30, 1816. 1893 Articles of a treaty concluded, at the Gherolcee agency, within 1894 the Gherolcee Nation, between Major-General Andrew Jackson, 1895 Joseph M'Minn, governor of the State of Tennessee, and General 1896 David Meriwether, commissioners plenipotentiary of the United 1897 States of America, of the one part, and the chiefs, head-men , a nd 1898 ivarriors of the Gherolcee Nation east of the Mississippi River, 1899 and the chiefs, head-men, and warriors of the Gherolices on the 1900 Arkansas River, and their deputies, John D. Ghisholm and 1901 James Rogers, duly authorized by the chiefs of the Cherokees on 1902 the Arkansas River, in open council, by written power of attor- 1903 ney, duly signed and executed, in presence of Joseph Sevier 1904 and William Ware. 1905 Whereas in the autumn of the year one thousand eight Uun- 1906 dred and eight, a deputation from the Upper and Lower Chero- 1907 kee towns, duly authorized by their nation, went on to the city 1908 of Washington, the first named to declare to the President of 1909 the United States their anxious desire to engage in the pursuits 1910 of agriculture and civilized life in the country they then occu- 1911 pied, and to make known to the President of the United States 1912 the impracticability of inducing the nation at large to do this, 1913 and to request the establishment of a division line between the 1914 upper and lower towns, so as to include all the waters of the 1915 Hiwassee River to the upper town, that, by thus contracting 46 1916 their society within narrow limits, they proposed to begin the 1917 establishment of fixed laws and a regular government ; the 1918 deputies from the lower towns to make known their desire to 1919 continue the hunter life, and also the scarcity of game where 1920 they then lived, and, under those circumstances, their wish to 1931 reraoveacross the Mississippi Eiver, on some vacant lands of the 1922 United States. And whereas the President of the United States, 1923 after maturely considering the petitions of both parties, on the 1924 ninth day of January, A. D. one thousand eight hundred and 1925 nine, including other subjects, answered tho^e petitions as fol- 1926 lows : " The United States, my children, are the friends of both 1927 parties, and as far as can be reasonably asked they are willing 1928 to satisfy the wishes of both. Those who remain may be as- 1929 sured of our patronage, our aid, and good neighborhood. Those ■ ]930 who wish to remove are permitted to send an exploring party 1931 to reconnoitre the country on the waters of the Arkansas and 1932 White Kivers, and the higher up the better, as they will be the 1933 longer imapproached by our settlements, which will begin at 1931 the mouths of those rivers. The regular districts of the gov- 1935 ernment of St. Louis are already laid off to the St. Francis. 1936 "When this party shall have found a tract of country suit- 1937 ing the emigrants, and not claimed by other Indians, we will 1938 arrange with them and you the exchange of that for a just por- 1939 tion of the country they leave, and to a part of which, propor- 1940 tioued to their numbers, they have a right. Every aid towards 1941 their removal, and what will be necessary for them there, will 1942 then be freely administered to them ; and when established in 1943 their new settlements, we shall still consider them as our children, 1944 give them the benefit of exchanging their peltries for what they 1945 will want at our factories, and always hold them firndy by the 1946 hand." 1947 And whereas the Cherokees, relying on the promises of the 1948 President of the United States, as above recited, did explore 1949 the country on the west side of the Mississippi, and made choice 1950 of the country on the Arkansas and White Eivers, and settled 1951 themselves down upon United States' lands, to which no other 1952 tribe of Indians have any just claim, and have duly notified the 1953 President of the United States thereof, and of their anxious 1954 desire for the full and complete ratification of his promise, and 1955 to that end, as notified by the President of the United States, 1956 have sent on their agents, with full powers to execute a treaty, 1957 relinquishing to the United States all the right, title, and inter- 1958 est to all lands of right to them belonging, as part of the Chero- 1959 kee Nation, which they have left, and which they are about to 1960 leave, proportioned to their numbers, including, with those now 1961 on the Arkansas, those who are about to remove thither, and to 47 1962 a portion of whicli tbey liave an equal right agreeably to their 1963 numbers. 1964 Now, know ye, that the contracting parties, to carry into 1965 full effect the before-recited promises with good faith, and to 1966 promote a continuation of friendship with their brothers on the 1967 Arkansas Eiver, and for that purpose to make an equal distribu- 1968 tion of the annuities secured to be paid by the United States to 1969 the whole Cherokee Nation, have agreed and concluded on the 1970 following articles, viz : 1971 Article 1. The chiefs, head-men, and warriors of the 1972 whole Cherokee Nation, cede to the United States all the lands 1973 lying north and east of the following boundaries, viz: Beginning 1974 at the high shoals of the Appalachy Eiver," an'd running thence 1975 along the boundary line between the Creek and Cherokee Na- 1976 tions, westwardly to the Chatahouchy Eiver; thence up the 1977 Chatahouchy Eiver, to the mouth of Souque Creek ; thence con- 1978 tinning with the general course of the river until it reaches the 1979 Indian boundary line, and, should it strike the Turrurar Eiver, 1980 thence, with its meanders, down said river to its mouth, in part 1981 of the proportion of land in the Cherokee Nation east of the 1982 Mississippi, to which those now on the Arkansas and those 1983 about to remove there are justly entitled. 1984 Article 2. The chiefs, head-men, and warriors of the whole 1985 Cherokee Nation do also cede to the United States all the lands 1986 lying north and west of the following boundary lines, viz : Be- 1987 ginning at the Indian boundary line that runs from the north 1988 bank of the Tennessee Eiver, opposite to the mouth of Hywassee 1989 Eiver, at a poiut on the top of Walden's Eidge, where it divides 1990 the waters of the Tennessee Eiver from those of the Sequatchie 1991 Eiver ; thence, along the said ridge, southwardly, to the bank 1992 of the Tennessee Eiver, at a point near to a place called the 1993 Negro Sugar Camp, opposite to the upper end of the first island 1994 above Eunning Water Town; thence westwardly, a straight 1995 line to the mouth of Little Sequatchie Eiver ; thence up said river 1996 to its main fork; thence up its northermost fork to its source ; 1997 and thence, due west, to the Indian bounda.ry line. 1998 Article 3. It is also stipulated by the contracting parties that 1999 a census shall be taken of the whole Cherokee Nation during the 2000 month of June, in the year of our Lord one thousand eight hun- 2001 dred and eighteen, in the following manner, viz : That the census 2002 of those on the east side of the Mississippi Eiver, who declared 2003 their intention of remaining, shall be taken by a commissioner 2004 appointed by the President of the United States, and a commis- 2005 sioner appointed by the Cherokees on the Arkansas Eiver; and 2006 the census of the Cherokees on the Arkansas Eiver, and those 2007 removing there, and who at that time declare their intention o^' 48 2008 removing there, shall be taken by a commissioner appointed by 2009 the President of the United States, and one appointed by the 2010 Cherokees east of the Mississippi Eiver. 2011 Article 4. The contracting parties do also stipulate that 2012 the annuity due from the United States to the whole Cherokee 2013 Nation for the year one thousand eight hundred and eighteen is 2014 to be divided between the two parts of the nation in proportion 2015 to their numbers, agreeably to the stipulations contained in the 2016 third article of this treaty ; and to be continued to be divided 2017 thereafter in proportion to their numbers ; and the lands to be 2018 apportioned and surrendered to the United States agreeably to 2019 the aforesaid enumeration, as the proportionate part, agreeably 2020 to their numbers, to which those who have removed, and who 2021 declare their intention to remove, have a just right, including 2022 these with the lands ceded in the first and second articles of this 2023 treaty. 2024 Article 5. The United States bind themselves, in exchange 2025 for the lands ceded in the first and second articles hereof, to give 2026 to that part of the Cherokee Nation on the Arkansas as much 2027 land on said river and White Eiver as they have or may here- ^028 after receive from the Cherokee Nation east of the Mississippi, 2029 acre for acre, as the ,j ust proportion due that part of the nation 2030 on the Arkansas agreeably to their number's ; which is to com- 2031 meuce on the north side of the Arkansas Eiver, at the mouth of 2032 Point Eemove or Bud well's Old Place; thence by a straight line, 2033 northwardly, to strike Chataunga Mountain, or the hill first above 2034 Shield's Ferry on White Eiver, running up and between said 2035 I'ivers for complement, the banks of which rivers to be the lines ; 2036 and to have the above line, from the point of beginning to the 2037 point on White Eiver, run and marked, which shall be done 2038 soon after the ratification of this treaty ; and all citizens of the 2039 United States, except Mrs. P. Lovely, who is to remain where 2040 she lives during life, removed from- within the bounds as above- 2041 named. And it is further stipulated that the treaties heretofore 2042 between the Cherokee Nation and the United States are to con- 2043 tinue in full force with both parts of the nation, and both parts 2044 thereof entitled to all the immunities and privilege which the 2045 old nation enjoyed under the aforesaid treaties; the United 2046 States reserving the right of establishing factories, a military 2047 post, and roads within the boundaries above defined. 2048 Article 6. The United States do also bind themselves to 2049 give to all the poor warriors who may remove to the western 2050 side of the Mississippi Eiver one rifle-gun and ammunition, one 2051 blanket, and' one brass kettle, or, in lieu of the brass kettle, a 2052 beaver trap, which is to be considered as a full compensation for 2053 the improvements which they may leave; which articles are to be 49 2051 deliveretl at sucli poiut as tlic Presielent of the United States 2055 may direct ; and to aid in the removal of the emigrants, they 2056 further agree to faruish flat-bottomed boats and provisions suffl- 2057 cient for that purpose ; and to those emigrants whose improve- 2058 ment« add real value to their lands, the United States agree to 2059 pay a full valuation for the same, which is to be ascertained by 20G0 a commissioner appointed by the President of the United States 2061 for that purpose, and paid for as soon after the ratification of 2062 this treaty as practicable. The boats and provisions promised to 2063 the emigrants are to be furnished by the agent on the Tennessee 2064 Eiver, at such time and place as the emigrants may notify him 2065 of; and it shall be his duty to furnish the same. 2066 Article 7. And for all improvements which add real value 2067 to the lands lying within the boundaries ceded to the United 2068 StateSj by the first and second articles of this treaty, the United 2069 States do agree to pay for at the time, and to be valued in the 2070 same manner, as stipulated in the sixth article of this treaty ; 2071 or, in lieu thereof, to give in exchange improvements of equal 2072 value which the emigrants may leave, and for which they are to 2073 receive pay. And it is farther stipulated, that all these improve- 2074 ments, left by the emigrants within the bounds of the Cheroliee 2075 Nation east of the Mississippi Eiver, which add real value to the 2076 lands, and for which the United States shall give a considera- 2077 tion, and not so exchanged, shall be rented to the Indians by 2078 the agent, year after year, for the benefit of the poor and de- 2079 crepid of that part of the nation east of the Mississippi Eiver, 2080 until surrendered by the nation, or to the nation. And it is 2081 ■ further agreed that the said Cherokee Nation shall not be called 2082 upon for any part of the consideration paid for said improve- 2083 ments at any future period. 2084 AuTiCLE 8. And to each and every head of any Indian 2085 family residing on the east side of the Mississippi Eiver, on the 2086 lands that are now, or may hereafter be, surrendered to the 2087 United States, who may wish to become citizens of the United 2088 States, the United States do agree to give a reservation of six 2089 hundred and forty acres of land, in a square, to include their 2090 improvements, which are to be as near the centre thereof as 2091 practicable, in which they will have a life estate, with a rever- 2092 sion in fee simple to their children, reserving to the widow her 2093 dowei', the register of whose names is to be filed in the office of 2094 the Cherokee agent, which shall be kept open until the census 2095 is taken as stipulated in the third article of this treaty : Pro- 2096 vlded, That if any of the heads of families for whom reserva- 2097 tions may be made should remove therefrom, then, in that case, 2098 the right to revert to the United States : And provided further, 2099 That the land which may be reserved under this article be de- 7 I T 50 2100 ducted from tlie amount vThich has beeu ceded uuder the first 2101 and second articles of this treaty. 2102 Akticle 9. It is also provided by the contracting parties, 2103 that nothing in the foregoing articles shall be construed so as to 2104 prevent any of the parties so contracting from the free naviga- 2105 tion of all the waters mentioned therein. 2106 Akticle 10. The whole of the Cherokee Nation do hereby 2107 cede to the United States all right, title, and claim to all reser- 2108 vations made to Doublehead and others, which were reserved 2109 to them by a treaty made' and entered into at the city of Wash- 2110 ington, bearing date the seventh of January, one thousand eight 2111 hundred and six. 2112 Article 11. It is further agreed that the boundary-lines 2113 of the lands ceded to the United States by the first and second 2114 articles of this treaty, and the boundary -line of the lands ceded 2115 by the United States in the fifth article of this treaty, is to b e 2116 run and marked by a commissioner or commissioners appointed 2117 by the President of the United States, who shall be accompanied 2118 by such commissioners as the Cherokees may appoint; due no- 2119 tice thereof shall be given to the nation. 2120 Article 12. The United States do also bind themselves to 2121 prevent the Intrusion of any of its citizens within the lands 2122 ceded by the first and second articles of this treaty, until the 2123 same shall be ratified by the President and Senate of the 2124 United States, and duly promulgated. 2125 Article 13. The contracting parties do also stipulate that 2126 this treaty shall take eifect and be obligatory on the contract- 2127 ing parties so soon as the same shall be ratified by the Presi- 2128 dent of the United States, by and with the advice and consent 2129 of the Senate of the United States. 2130 Proclaimed December 26, 1817. 2131 Articles of a convention made between John €. Calhoun, Secretary 2132 of War, being specially authorized therefor by the President of 2133 the United States, and the undersigned chiefs and headmen of 2134 the Cherolcee Nation of Indians, duly authorized and empow- 2135 ered by said nation, at the city of Washington, on the twenty- 2136 seventh day of February, in the year of our Lord one thou- 2137 sand eight hundred and nineteen. 2138 Whereas a greater part of the Cherokee Nation have ex- 2139 pressed an earnest desire to remain on this side of the Missis- 2140 sippi, and being desirous, in order to commence those measures 2141 which they deem necessary to the civilization and preservation 2142 of their nation, that the treaty between the United States and 51 2143 them, signed the eighth of July, eighteen huudred aud seven- 2144 teen, might, without further delay, or the trouble or expense of 2145 taking the census, as stipulated in the said treaty, be finally 2146 adjusted, have offered to cede to the United States a tract of 2147 country at least as extensive as that which they probably are 2148 entitled to under its provisions, the contracting parties have 2149 agreed to and concluded the following articles : 2150 Akticlb 1. The Cherokee S'ation cedes to the United 2151 States all of their lands lying north and east of the following 2152 line, viz: Beginning on the Tennessee Eiver, at the point where 2153 the Cherokee boundary with Madison County, in the Alabama 2154 territory, joins the same; thence along the main channel of 2155 said river to the mouth of the Highwassee ; thence along its 2156 main channel to the first hill which closes in on said river, 2157 aboat two miles above Highwassee Old Town ; thence along 2158 the ridge which divides the waters of the Highwassee and 2159 Little Tellico, to the Tennessee Eiver, at Tallassee ; thence 2160 along the main channel to the junction of the Cowee and Nan- 21C1 teyalee ; thence along the ridge in the fork of said river to the 2162 top of the Blue Eidge ; thence along the Blue Eidge to the 2163 Unicoy Turnpike Eoad ; thence by a straight line to the uear- 2164 est main source of the Chestatee; thence along its main chan- 2165 nel to the Chatahouchee ; and thence to the Creek bound- 2166 ary ; it being understood that all the islands in the Chesta- 2167 tee, and the parts of the Tennessee and Highwassee, (with 2168 the exception of Jolly's Island, in the Tennessee, near the 2169 mouth of the Highwassee,) which constitute a portion of the 2170 present boundary, belong to the Cherokee Nation ; and it is 2171 also understood that the reservations contained in the seconp 2172 article of the treaty of Tellico, signed the twenty-fifth Octo- 2173 ber, eighteen hundred and five, and a tract equal to twelve 2174 miles square, to be located by commencing at the point formed 2175 by the intersection of the boundary-line of Madison County, 2176 already mentioned, and the north bank of the Tennessee. 2177 Eiver ; thence along the said line and up the said river twelve 2178 miles, are ceded to the United States, in trust for the Cherokee 2179 Nation as a school fund ; to be sold by the United States, and 2180 the proceeds vested as is hereafter provided in the fourth article 2181 of this treaty ; and, also, that the rights vested in the Unicoy 2182 Turnpike "Company by the Cherokee Nation, according to certi- 2183 fied copies of the instruments securing the rights and herewith 2184 annexed, are not to be affected by this treaty ; and it is further 2185 understood and agreed by the said parties that the lands hereby 2186 ceded by the Cherokee Nation are in full satisfaction of all 2187 claims which the United States have on them, on account of the 2188 cession to a part of their nation who have or may hereafter 52 L'189 emigrate to the Arkausaw; and this treaty is ailnal adjiistment 2190 of that of the eighth of July, eighteen hundred aud seventeen. 2191 Article 2. The United States agree to pay, according to the 2192 stipulations contained in the treaty of the eighth of July, eight- 2193 een hundred and seventeen, for all improvements on land lying 2194 within the country ceded by the Cherokees, which add real value 2195 to the land, and do agree to allow a reservation of six hundred 2196 and forty acres to each head of any Indian family residing within 2197 the ceded territory, those enrolled for the Arkansaw excepted, 2198 who choose to become citizens of the United States, in the man- 2199 ner stipulated in said treaty. 2200 Article 3. It is also understood and agreed by the con- 2201 tracting parties that a reservation, in fee simple, of six hundred 2202 and forty acres square, with the exception of Major Walker's, 2203 which is to be located as is hereafter provided, to include their 2204 improvements, and which are to be as near the centre thereof 2205 as possible, shall be made to each of the persons whose names 2206 are inscribed on the certified list annexed to this treaty, all of 2207 whom are believed to be persons of industry, and capable of 2208 managing their property with discretion, and have, with few ex- 2209 ceptions, made considerable improvements on the tracts reserved. 2210 The reservations are made on the condition that those for whom 2211 they are intended shall notify, in writing, to the agent for the 2212 Cherokee Nation within six months after the ratification of this .2218 treaty, that it is their intention to continue to reside perma- 2214 nently on the land reserved. 2215 The reservation for Lewis Eoss, so to be laid o& as to include 2216 his house and out-buildings, and ferry adjoining the Cherokee 2217 agency, reserving to the United States all the public property 2218 there, and the continuance of the said agency where it now is, 2219 during the x>leasure of the Government; and Major Walker's, 2220 so as to include his dwelling-house and ferry ; for Major Walker 2221 an additional reservation is made of six hundred and forty acres 2222 square, to include his grist and saw mill ; the land is poor, prin- 2223 cipally valuable for its timber. In addition to the above reser- 2224 vations, bhe following are made, in' fee simple, the persons for 2225 whom they are intended not residing on the same : To Cabbin 2226 Smith six hundred and forty acres, to be laid off in equal parts 2227 on both sides of his ferry on Tellico, commonly called Blair's 2228 ferry ; to John Eoss six hundred and forty acres, to be laid off 2229 so" as to include the Big Island in Tennessee Eiver, being the 2230 first below Tellico — which tracts of land were given many years 2231 since, by the Cherokee Nation, to them ; to Mrs. Eliza EosS, step- 2232 daughter of Major Walker, six hundred and forty acres square, 2233 to be located on the river below and adjoining Major Walker's ; 2234 to Margaret Morgan six hundred and forty acres square, to be 53 2235 located on the west of and adjoining James Eiley's reservation ; 2236 to George Harlin six hundred and forty acres square, to be 2237 located west of and adjoining the reservation of Margaret Mor- 2238 gan ; to James Lowry six hundred and forty acres square, to be 2239 located at Crow Mocker's old place, at the foot of Cumberland 2240 Mountain ; to Susannah Lowr^i six hundred and forty acres, to 2241 be located at the toll-bridge on Battle Creek; to Nicholas Byers 2242 six hundred and forty acres, including the Toqua Island, to be 2243 located on the north bank of the Tennessee, opposite to said 2244 island. 2245 Article 4. The United States stipulate that the reserva- 2246 tions, and the tract reserved for the school fund, in the first 2247 article of this treaty, shall be surveyed and sold in the same 2248 manner, and on the same terms, with the i)ublic lands of the 2249 United States, and the proceeds vested, under the direction of 2250 the President of the United States, in the stock of the United 2251 States, or such other stock as he may deem most advantageous 2252 to the Cherokee Nation. The interest or dividend on said stock 2253 shall be applied, under his direction, in the manner which he 2254 shall judge best calculated to diffuse the benefits of education 2255 among the Cherokee Nation on this side of the Mississippi. 225G Ae'I'icle 5. It is agreed that such boundary-lines as may be 2257 necessary to designate the lands ceded by the first article of this 2258 treaty may be run by a commissioner or commissioners to be 2259 appointed by the President of the United States, who shall be 2260 accompanied by such commissioners as the Cherokees may ap- 2261 point, due notice thereof to be given to the nation ; and that the 2262 leases which have been made under the treaty of the eighth of 2263 July, eighteen hundred and seventeen, of land lying within the 2264 portion of country reserved to the Cherokees, to- be void ; and 2265 that all white people who have intruded, or may hereafter in- 2266 trude, on the land reserved for the Cherokees, shall be removed 2267 by the United States, and proceeded against according to the 2268 provisions of the act passed thirtieth March, eighteen hundred 2269 and two, entitled "An act to regulate trade and intercourse with 2270 the Indian tribes, and to preserve peace on the frontiers." 2271 Article 6. The contracting parties agree that the annuity 2272 to the Cherokee Nation shall be paid, two-thirds to the Ohero- 2273 kees east of the Mississippi, and one-third to the Cherokees 2274 west of that river, as it is estimated that those who have emi- 2275 grated, and who have enrolled for emigration, constitute one- 2276 third of the whole nation ; but if the Cherokees west of the 2277 Mississippi object to this distribution, of which due notice shall , 2278 be given them, before the expiration of one year after the ratifi- 2279 cation of this treaty, then the census, solely for distributing the 54 2280 annuity, shall be taken at such times and in such manner as the 2281 President of the United States may designate. 2282 Aeticlb 7. The United States, in order to afford the Chero- 2283 kees who reside on the lands ceded by this treaty time to culti- 2284 vate their crop next summer, and for those who do not choose 2285 to take reservations to remove, bind themselves to prevent the 2286 intrusion of their citizens on the ceded land before the first of 2287 January next. 2288 Article 8. This treaty to be binding on the contracting 2289 i)arties so soon as it is ratified by the President of the United 2290 States, by and with the advice and consent of the Senate. 2291 List of persons re/erred to in the third article of the a^mexed 2292 treaty. 2293 Richard Walker, within the chartered limits of North Caro- 2294 lina. 2295 Yonali, alias Big Bear, within the chartered limits of North 2296 Carolina. 2297 John Martin, within the chartered limits of Georgia. 2298 Peter Linch, within the chartered limits of Georgia. 2299 Daniel Davis, within the chartered limits of Georgia. 2300 George Parris, within the chartered limits of Georgia. 2301 Walter S. Adair, within the chartered limits of Georgia. 2302 Thomas Wilson, within the chartered limits of Alabama 2303 Territory. 2304 Eicbard Itiley, within the chartered limits of Alabama Ter- 2305 ritory. 2306 James Eiley, within the chartered limits of Alabama Terri- 2307 tory. 2308 Edward Gunter, within the chartered limits of Alabama 2309 Territory. 2310 Kobert McLemore, within the chartered limits of Tennessee. 2311 John Baldridge, within the chartered limits of Tennessee. 2312 Lewis Eoss, within the chartered limits of Tennessee. 2313 Fox Taylor, within the chartered limits of Tennessee. 2314 Ed. Timberlake, within the chartered limits of Tennessee. 2315 David Fields, (to include his mill,) within the chartered 2316 limits of Tennessee. 2317 James Brown, (to include his field by the long pond,) within 2318 the chartered limits of Tennessee. 2319 William Brown, within the chartered limits of Tennessee. 2320 John Brown, within the chartered limits of Tennessee. 2321 Elizabeth Lowry, within the chartered limits of Tennessee. 2322 George Lowry, within the chartered limits of Tennessee. 2323 John Benge, within the chartered limits of Tennessee. 65 2324 Mrs. Eliz. Peck, within tbe chartered limits of Teuuessee. 2325 John Walker, sr., within the chartered limits of Tennessee. 2326 John Walker, jr., (unmarried,) within the chartered limits 2327 of Tennessee. 2328 Richard Taylor, within the chartered limits of Teuuessee. 2329 John Mcintosh, within the chartered limits of Tennessee. 2330 James Starr, within the chartered limits of Tennessee. 2331 Samuel Parks, within the chartered limits of Tennessee. 2332 The Old Bark, (of Chota,) within the chartered limits of 2333 Tennessee. 2334 Number of reservees within the limits of North Carolina. . . 2 2335 Number of reservees within the limits of Georgia 5 2336 Number of reservees within the limits of Alabama Territory. 4 2337 Number of reservees within the limits of Tennessee £0 2338 — 2339 Total number of reservees 31 2340 Oheeokee Agency, Highv^assee Garrison. 2341 We, the undersigned chiefs and councillors of the Oherokees 2342 in full council assembled, do hereby give, grant, and make over 2343 unto Nicholas Byers and David Russell, who are agents in behalf 2344 of the States of Tennesee and Georgia, full power and authority 2345 to establish a turnpike company, to be composed of them, the 2346 said Nicholas and David, Arthur Henly, John Lowry, Atto, and 2347 one other person, by them to be hereafter named, in behalf of 2348 the State of Georgia; and the above-named persons are author- 2349 ized to nominate five proper and fit persons, natives of the 2350 Oherokees, who, together with the white men aforesaid, are to 2351 constitute the company; which said company, when thus estab- 2352 lished, are hereby fully authorized by ns to lay out and open a 2353 road from the most suitable point on the Tennessee River to be 2354 directed the nearest and best way to the highest point of navi- 2355 gation on the Tugolo River; which said road, when opened and 2356 established, shall continue and remain a free and public highway, 2357 unmolested by us, to the interest and benefit of the said com- 2358 pany, and their successors, for the full term of twenty years, yet 2359 to come, after the same may be open and compleat; after which 2300 time, said road, with all its advantages, shall be surrendered up, 2361 and reverted in, the said Cherokee Nation. And the said com- 2362 pany shall have leave, and are hereby authorized, to erect their 2363 public stands, or houses of entertainment, on said road ; that 2364 is to say, one at each end, and one in the middle, or as nearly 2305 so as a good situation will permit, with leave also to cultivate 2366 one hundred acres of land at each end of the road, and fifty 2367 acres at the middle stand, with a privilege of a sufiiciency of 2368 timber for the use and consumption of said stands. And the 56 2369 said turnpike company do hereby agree to pay the sum of one 2370 hundred and sixty dollars yearly to the Cherokee Nation for 2371 the aforesaid privilege, to commence after said road is opened 2372 and in complete operation. The said company are to have the 2373 benefit of one ferry on Tennessee Eiver, and such other ferry or 2374 ferries as are necessary on said road ; and, likewise, said com- 2375 pany shall have the exclusive privilege of trading on said road 2376 during the aforesaid term of time. 2377 Cherokee Agency, January 6, 1817. 2378 We, the undersigned chiefs of the Cherokee Nation, do 2379 hereby grant unto Nicholas Byers, Arthur H. Henly, and David 2380 Kussell, proprietors of the Unicoy road to Georgia, the liberty 2381 of cultivating all the ground contained in the bend on the north 2382 side of Tennessee Eiver opposite and below Chota Old Town, 2383 together with the liberty to erect a grist-mill on Four Mile 2384 Creek, for the use and benefit of said road, and the Cherokees 2385 ill the neighbourhood thereof; for them, the said Byers, Henly, 2386 and Eussell, to have and to hold the above privileges during 2387 the term of lease of the Unicoy road, also obtained from the 2388 Cherokees, and sanctioned by the President of the United 2389 States. 2390 Proclaimed March 10, 1819. 2391 Articles of a convention concluded at the city of Washington this 2392 sixth day of May, in the year of our Lord one thousand eight 2393 hundred and twenty-eight, bettveen James Barbour, Secretary 2394 of War, being especially autli&rized therefor by the President 2395 of the United States, and the undersigned, chiefs and head- 2396 men of the CheroJcee Nation of Indians west of the Missis- 2397 sippi, they being duly authorized and empowered by their 2398 nation. 2399 Whereas it being the anxious desire of the Government of 2400 the United States to secure to the Cherokee Nation of Indians, 2401 as well those now living within the limits of the Territory of 2402 Arkansas as those of their friends and brothers who reside in 2403 States east of the Mississippi, and who may wish to join their 2404 brothers of the West, a permanent home, and which shall, under 2405 the most solemn guarantee of the United States, be and remain 2406 theirs forever — a home that shall never, in all future time, be 2407 embarrassed by having extended around it the lines, or placed 2408 over it the jurisdiction of a Territory or State, nor be pressed 2409 upon by the extension, in any way, of any of the limits of any 2410 existing Territory or State ; and 2411 Whereas the present location of the Cherokees in Arkansas o 57 2-112 being uufavounible to their pfesent repose, and tending, as the 2113 past demonstrates, to their future degradation and misery ; and 2411 the Cherokees being anxious to avoid such consequences, and 2115 yet not questioning their right to their lands in Arkansas, as 211C secured to them by treaty, and resting also upon the pledges 2417 given them by the President of the United States, and the 2118 Secretary of War, of March, 1818, and 8th of October, 1821, in 119 regard to the outlet to the West, and as may be seen on refer- 2120 ring to the records of the War Department, still being anxious 2121 to secure a permanent, home, and to free themselves and their 2122 posterity from an embarrassing connexion with the Territory of 2123 Arkansas, and guard themselves from such connexions in future ; 2424 and 2425 Whereiis it being important, not to the Cherokees only, but 2426 also to the Choctaws, and in regard also to the question which 2427 may be agitated in the future. respecting the location of the' 2128 latter, as well as the former, within the limits of the Territoi y 2429 or State of Arkansas, as the case may be, and their removal 2430 therefrom ; and to avoid the cost which may attend negotiations 2431 to rid the Territory or State of Arkansas whenever it may 2432 become a State of either or both of those tribes, the parties 2433 hereto do hereby conclude the following articles, viz : 2434 Article 1. The western boundary of Arkansas shall be, and 2435 the same is, hereby defined, viz : A line shall be run, commenc- 2436 ing on Eed Eiver, at the point where the eastern Choctaw line 2437 strikes said river and run due north with said line to the river 2438 Arkansas, thence in a direct line to the southwest corner of 2439 Missouri. 2440 AUTiCLK 2. The United States agree to possess the Chero- 2441 kees and to guarantee it to them forever, and that guarantee is 2442 hereby solemnly pledged, of seven millions of acres of land, to 2443 be bounded as follows, viz : Commencing at that point on Ar- 2444 kansas Eiver where the eastern Choctaw boundary line strikes 2445 said river, and running thence with the western line of Arkansas, 2446 as defined in the foregoing article, to the southwest corner of 2447 Missouri, and thence with the western boundary line of Missouri 2448 till it crosses;, the waters of Neasho, generally called Grand 2449 Eiver; thence due west to a point from which a due south course 2450 will strike the present northwest corner of Arkansas Territory ; 2451 thence continuing due south, on and with the present western 2452 boundary line of the Territory to the main branch of Arkansas 2453 Eiver ; thence down said river to its junction with the Canadian 2454 Eiver ; and thence up and between the said rivers Arkansas and 2455 Canadian, to a point at which a line running north and south 2456 from river to river will give the aforesaid seven millions of 2457 acres. In addition to the seven millions of acres thus provided 8 I T 58 li-iSS for and bounded, the United States further guarantee to the 2459 Cherokee Nation a perpetual outlet west, and a free and unmo- 2460 lested use of all the country lying west of the western boundary 2461 of the above described limits, and as far west as the sovereignty 2462 of the United States and their right of sott extend. 2463 Article 3. The United States agree to have the lines of 2464 the above cession run without delay, say not later than the first 2465 of October next, and to remove, immediately after the running 2466 of the eastern line from the Arkansas Eiver to the southwest 2467 corner of Missouri, all white persons from the west to the east 2468 of said line, and also all others, should there be any there, who 2469 may be unacceptable to the Cherokees, so that no obstacles 2470 arising out of the presence of a white population, or a popula- 2471 tion of any other sort, shall exist to annoy the Cherokees ; and 2472 also to keep all suc^i from the west of said line in future. 2473 Article 4. The United States moreover agree to appoint 2474 suitable persons, whose duty it shall be, in conjunction with the 2475 agent, to value all such improvements as the Cherokees may 2476 abandon in their removal from their present homes to the dis- 2477 trict or country as ceded in the second article of this agreement, 2478 and to pay for the same immediately after the assessment is 2479 made and the amount ascertained. It is further agreed, that 2480 the property and improvements connected with the agency shall 2481 be sold under the direction of the agent, and the proceeds of 2482 the same applied to aid in the erection, in the country to which 2483 the Cherokees are going, of a grist and saw mill for their use. 2484 The aforesaid property and improvements are thus defined: 2485 Commence at the Arkansas Eiver, opposite "William Stinnett's, 2486 and run due north one mile ; thence due east to a point from 2487 which a due south line to the Arkansas Eiver would include the 2488 chalybeate or mineral spring attached to or near the present 2489 residence of the agent, and thence up said river (Arkansas) to 2490 the place of beginning. 2491 Article 5. It is further agreed, that the United States, in 2492 consideration of the inconvenience and trouble attending the 2493 removal, and on account of the reduced value of a great portion 2494 of the lands herein ceded to the Cherokees, as compared with 2495 that of those in Arkansas which were made theirs by the treaty 2496 of 1817 and convention of 1819, will pay to the Cherokees, 2497 immediately after their removal, which shall be within fourteen 2498 months of the date of this agreAaent, the sum of fifty thousand 2499 dollars; also, an annuity, for three years, of two thousand dol- 2500 lars, towards defraying the cost and trouble which may attend 2501 upon going after and recovering their stock which may stray 2502 into the Territory in quest of the pastures from which they may 2503 be driven ; also, eight thousand seven hundred and sixty dol- 59 250i lars, for spoliatious committed on them, (the Gherokees,) which 2505 sum will be in full of all demands of the kind up to this date, 2506 as well those against the Osages as those against citizens of the 2507 United States, this being the amount of the claims for said 2608 spoliations as* rendered by the Gherokees, and which are 2509 believed to be correctly and fairly stated. Also, one thousand 2510 two hundred dollars for the use of Thomas Graves, a Gherokee 2511 chief, for losses sustained in his property, and for personal suf- 2512 fering endured by him when confined as a prisoner, on a crimi- 2513 nal but false accusation ; also, five hundred dollars for the use 2514 of George Guess, another Cherokee, for the great benefits he 2315 has conferred upon the Gherokee people, in the beneficial results 2516 which they are now experiencing from the use of the alphabet 2517 discovered by him, to whom also, in consideration of his relin- 2518 quishing a valuable saline, the privilege is hereby given to locate 2519 and occupy another saline on Lee's Greek. It is further agreed 2520 by the United States to pay two thousand dollars, annually, to 2521 the Gherokees, for ten years, to be expended under the direction 2522 of the President of the United States in the education of their 2523 children, in their own country, in letters and thamechanick arts ; 2524: also, one thousand dollars toward the purchase of a printing liu: 5 press and- types to aid the Gherokees in the progress of educa- 2526 tion, and to benefit and enlighten them as a people, in their own 2527 and our language. It is agreed further, that the expense in- 2528 curred other than that paid by the United States in the erection 2529 of the buildings and improvements, so far as that may have been 2530 paid by the benevolent society who have been, and yet are, 2531 engaged in instructing the Gherokee children, shall be paid to 2532 the society, it being the understanding that the amount shall be 2533 expended in the erection of other buildings and improvements, 2534 for like purposes, in the country herein ceded to the Gherokees. 2535 The United States relinquish their claim due by the Gherokees 2536 to the late United States factory, provided the same does not 2537 exceed three thousand five hundred dollars. 2538 Article 6. Annulled. 2539 Article 7. The chiefs and headmenof the Gherokee Xa- 2540 tion aforesaid, for and in consideration of the foregoing stipu- 2541 lations and provisions, do hereby agree, in the name and behalf 2542 of their nation, to give up, and they do hereby surrender, to 2543 the United States, and %gree to leave the same within fourteen 2544 months, as herein before stipulated, all the lands to which they 3545 are entitled in Arkansas, and which were secured to them by 2546 the treaty of 8th January, 1817, and the convention of the 27th 2547 February, 1819. 2548 Article 8. The Cherokee Xation west of the Mississippi 2549 having, by this agreement, freed themselves from the harass- 60 2550 ing and ruinous effects consequent upon a location amidst a 2551 white population, and secured to themselves and their posterity, 2552^ under the solemn sanction of the guarantee of the United States, 2553 as contained in this agreement, a large extent of unembarrassed 2554 country ; and that their brothers yet remaining in the States 2555 may be induced to join them and enjoy the repose and blessings 2556 of such a State in the future, it is further agreed, on the part of 2557 the United States, that to each head of a Cherokee family now 2558 residing within the chartered limits of Georgia, or of either of 2559 the States east of the Mississippi, who may desire to remove 2560 West, shall be given, on enrolling himself for emigration, a good 2561 rifle, a blanket, and kettle, and five pounds of tobacco, (and to 2562 each member of his family one bla'nket;) also, a just compensa- 2563 tion for the property he may abandon, to be assessed by per- 2564 sons to be appointed by the President of the United States. The 2565 cost of the emigration of all ^ch shall also be borne by the 2566 United States, and good and suitable ways opened, and pro- 2567 visions procured for their comfort, accommodation, and support, ■ 2568 by the way, and provisions for twelve months after their arrival 2569 at the agency ; and to each person, or head of a family, if he takes 2570 along with him four persons, shall be paid immediately on his 2571 arriving at the agency and reporting himself and his family, or 2572 followers, as emigrants and permanent settlers, in addition to the 2573 above, provided he and they shall have emigrated from within the 2574 chartered limits of the State of Georgia, the sum of fifty dollars, 2575 and this sum in proportion to any greater or less number that 2576 may accompany him from within the aforesaid chartered limits 2577 of the State of Georgia. 2578 Aetiole9. It is understood and agreed by the parties to this 2579 convention that a tract of land, two miles wide and six miles 2580 long, shall be, and the same is hereby, reserved for the use and 2581 benefit of the United States, for the accommodation of the mili- 2582 tary force which is now, or which may hereafter be, stationed at 2583 Fort Gibson, on the Neasho, or Grand Eiver, to commence on 2584 said river half a mile below the aforesaid fort, and to run 2585 thence due east two miles, thence northwardly six miles, to a 2586 point which shall be two miles distant from the river aforesaid, 2587 thence due west to the said river, and down it to the place of 2588 beginning. And the Oherokees agree that the United States 2589 shall have and possess the right of establishing a road through 2590 their country for the purpose of having a free and unmolested 2591 way to and from said fort. 2592 Aetiole 10. It is agreed that Captain James Eogers, in con- 2593 sideration of his having lost a horse in the service of the United 2594 States, and for services rendered by him to the United States, 61 2595 shall be paid, iu full for the above, and all other claims for losses 2596 and services, the sum of five hundred dollars. 2597 Aeticle 11. This treaty to be binding on the contracting 2598 parties so soon as it is ratified by the President of the United 2599 States, by and with the advice and consent of the Senate. 2G00 Proclaimed May 28, 1828. • 2601 [Note. — This treaty was ratified with the following proviso, 2602 expressed in the resolution of the Senate : "Provided, neverthe- 2603 less, that the said convention shall not be so construed as to ex- 2604 tend the northern boundary of the 'Perpetual Outlet West,' 2605 provided for and guaranteed in the second article of said con- 2606 vention, north of the thirty-sixth degree of north latitude, or so 2607 as to interfere with the lands assigned, or to be assigned, west 2G08 of the Mississippi Eiver, to the Creek Indians who have emi- 2609 grated, or may emigrate, from the States of Georgia and Ala- 2610 bam a, under the provisions of any treaty or treaties heretofore 2611 concluded between the United States and the Creek tribe of In- 2612 dians ; and provided further, that nothing in the said conven- 2613 tiou shall be construed to cede or assign to the Cherokees any 2614 lands heretofore ceded or assigned to any tribe or tribes of In- 2615 dians, by any treaty now existing and in force, with any such 2616 tribe or tribes."] 2617 Articles of agreement and convention made and concluded at Fort 2618 Gibson, on the Arkansas Biver, on the fourteenth day of Feb- 2619 ruary, one thousand eight hundred and thirty-three, by and be- 2620 ticeen Montfort Stolces, Henry L. Ellsworth, and John F. Scher- 2021 merhorn, duly appointed commissioners on the part -of the 2622 United States, and the undersigned chiefs and head-men of the 2623 Clierolcee Nation of Indians west of the Mississippi, they being 2624 duly authorized and empowered by their nation. 2625 Whereas articles of convention were concluded at the city 2626 of Washington, on the sixth day of May, one thousand eight 2627 hundred and twenty-eight, between James Barbour, Secretary 2628 of War, being specially authorized therefor by the President 2629 of the United States, and the chiefs and head-men of the Cheero- 2630 kee S"ation of Indians west of the Mississippi, which articles of 2631 convention were duly ratified ; and 2632 Whereas it was agreed by the second article of said conven- 2633 tion as follows: "That the United States agree to possess the 2634 Cheerokees, and to guarantee it to them forever, and that guarantee 2635 is solemnly pledged, of seven millions of acres of land, said land to 2G36 be bounded as follows, viz : commencing at a point on Arkansas 2637 River, where the eastern Choctaw boundary-line strikes said river. 6-2 2638 aud running thence with the western line of Arkansas Territory to 2639 the southwest corner of Missouri, and thence with the western 2640 boundary-line of Missouri till it crosses the waters of Neasho, gen- 2641 erally called Grand Elver ; thence due west, to a point from which 2642 a due south course will strike the present northwest corner of 2643 Arkansas Territory} thence continuing due sou.th on and with 2644 the present boundary -line on the- west of said Territory, to the 2645 main branch of Arkansas Eiver;- thence down said river to its 2646 junction with the Canadian, and thence up, and between said 2647 rivers Arkansas and Canadian, to a point at which a line running 2648 north and south, from river to river, will give the aforesaid seven 2649 millions of acres, thus provided for aud bounded. The United 2650 States further guarantee to the Cherokee Nation a perpetual 2651 outlet west, and a free and unmolested use of all the country 2652 lying west of the western boundary of the above-described 2653 limits, and as far west as the sovereignty of the United States 2654 and their right of soil extend ; and 2655 Whereas there was to said articles of convention and agree- 2656 mentthe following proviso, viz : Provided, nevertheless, That said 2657 convention shall not be so construed as to extend the northern 2658 boundary of said perpetual outlet west, provided for and guar- 2659 antied in the second article of said convention, north of the 2660 thirty-sixth degree of north latitude, or so as to inter- 2661 fere with the lands assigned, or to be assigned, west of the 2662 Mississippi Eiver, to the Creek Indians who have emigrated, or 2663 may emigrate, from the States of Georgia and Alabama, under 2664 the provision of any treaty, or treaties, heretofore concluded, 2665 between the United States and the Greek tribe of Indians : And 2666 provided further, That nothing in said convention shall be con' 2667 strued to cede, or assign, to the Cherokees any lands heretofore 2668 ceded, or assigned, to any tribe, or tribes of Indians, by any 2669 treaty now existing and in force with any such tribe or tribes ;" 2670 and 2671 Whereas it appears from the Creek treaty, made with the 2672 United States by the Creek Nation, dated twenty-fourth day of 2673 January, eighteen hundred and twenty-six, at the city of Wash- 2674 ington, that they had the right to select, and did select, a part 2675 of the country described within the boundaries mentioned above 2676 in said Cherokee articles of agreement ; and 3677 Whereas both the Cheerokee and Creek nations of Indians 2678 west of the Mississippi, anxious to have their boundaries settled 2679 in an amicable manner, have met each other in council, and, 2680 after full deliberation, mutually agreed upon the boundary -lines 2681 between them : 2682 Now, therefore, the United States on one part, and the c iefs 2683 aud head-men of the Cherokee Nation of Indians west of the 268J: Mississippi on the other part, agree as follows : • 2685 Article 1. The United States agree to possess the Cheer- 2686 okees, and to gnarrautee it to them forever, and that guarrantee 2687 is hereby pledged, of seven millions of acres of land, to be 2688 bounded as follows, viz : Beginning at a point ou the old west- 2689 eru territorial line of Arkansas Territory, being twenty -five miles 2690 north from the point where the territorial line crosses Arkansas 2691 Kiver; thence running from said north point, south, on the said 2892 territorial line, to the place where said territorial line crosses 2693 the Yerdigris Eiver ; thence down said Verdigris liiver to the 2694 Arkansas Eiver ; thence down said Arkansas to a point where 2695 a.stone is placed opposite to the east or lower bank of Grand 2696 Eiver at its junction with the Arkansas ; thence running south, 2697 forty -four degrees west, one mile : thence in a straight line to a 2698 point four miles northerly from the mouth of the North Fork of 2699 the Canadian ; thence along the said four-miles line to the Ca- 2700 nadian; thence down the Canadian to the Arkansas; thence 2701 down the Arkansas to that iioint on the Arkansas where the 2702 eastern Choctaw boundary strikes said river ; and running thence 2703 with the western line of Arkansas Territory as now defined, to 2704 the southwest corner of Missouri ; thence along the western Mis- 2705 souri line to the land assigned the Senecas ; thence on the south 2706 line of the Senecas to Grand Eiver ; thence up said Grand Eiver 2707 as far as the south line of the Osage reservation, extended if 2708 necessary ; thence np and between said south Osage line, extended 2709 west if necessary ; and a line drawn due west from the point of 2710 beginning, to a certain distance west, at which a line running 2711 north and south from said Osage line to said due west line will 2712 make seven millions of acres within the whole described bound- 2713 aries. In addition tb the seven millions of acres of land, thus 2714 provided for, and bounded, the United States further guarrantee 2715 to the Cheerokee Nation a perpetual outlet west and a free and 2716 unmolested use of aU the country lying west of the western 2717 boundary of said seven millions of acres as fa.v west as the sov- 2718 ereignty of the United States and their right of soil extend : 719 Provided, however., That if the saline, or salt plain, on the great 2720 western prairie, shall fall within said limits prescribed for said 2721 outlet, the right is reserved to the United States to permit 2722 other tribes of red men to get salt on said plain in common with 2723 the Cheerokees ; and letters-patent shall be issued by the United 2724 States as soon as practicable for the land hereby guarranteed. 2725 Article 2. The Cheerokee Nation hereby relinquish and 2726 quit claim to the United States all the right, interest, and title 2727 which the Cheerokees have or claim to have in and to all the 2728 land ceded, or claimed to have been ceded to said Cheerokee Na- o 64 212\) tiou by said treaty of sixth of May, one thousand eight hundred -!730 and twenty-eight, and not embraced within the limits or bounda- 2731 ries fixed in this present supplementary treaty or articles of 2732 convention and agreement. 2733 Article 3. The Cherokee Nation, having particularly re- 2734 quested the United States to anuul and cancel the sixth article 2735 of said treaty of sixth May, one thousand eight hundred and 2736 twenty eigLt, the United States agree to cancel the same, and 2737 the same is hereby annulled. Said sixth article referred to 2738 is in the following words : " It is moreover agreed by the United 2739 States, when the Oheerokees may desire it, to give them a plain. 2740 set of laws, suited to their condition ; also, when they may wish to 2741 lay off their lands and own them individually, a surveyor shall 2742 be sent to survey them at the expense of the United States. 2743 Article 4. In consideration of the establishment of new 2744 boundaries in part, for the lands ceded to said Cheerokee Nation 2745 and in view of the iraijrovem^ut of said nation, the United 2746 States will cause to be erected, on land now guarranteed to the 2747 said nation, four blacksmith shops, one wagou-maker shop, one 2748 wheelwright shop, and necessary tools and implements furnished 2749 for the same; together with one ton of iron, and two hundred 2750 and fifty pounds of steel, for each of said blacksmith shops, lo 2761 be worked up for the benefit of the poorer class of red men 2752 belonging to the Cherokee Nation. And the United States "will 2753 employ four blacksmiths, one wagou-maker, and one wheelwright, 2754 to work in said shops respectively, for the benefit of said Cheer. 2755 okee Nation ; and said materials shall be furnished annually, 2756 and said services continued, so long as the President may deem 2757 proper. And said United States will cause to be erected on 2758 said lands, for the benefit of said Cheerokees, eight patent rail- 2759 way corn mills, in lieu of the mills to be erected according to 2760 the stipulation of the fourth article of said treaty of sixth of 2761 May, one thousand eight hundred twenty-eight, from the avails 2762 of the sale of the old agency. 2763 Article 5. These articles of agreement and convention 2764 are to be considered supplementary to the treaty before men- 2765 tioned between the United States and the Cheerokee Nation west 2766 of the Mississippi, dated sixth of May, one thousand eight hun- 2767 dred and twenty-eight, and not to vary the rights of the parties 2768 to said treaty, any further than said treaty is inconsistent with 2769 the provisions of this treaty, now concluded, or these articles of 2770 convention and agreement. 2771 Article 6. It is farther agreed by the Cheerokee Nation* 2772 that one mile square shall be reserved and set apart from the 2773 lands hereby guaranteed for the accommodation of the Cheero' 2774 kee agency; and the location of the same shall be designated 65 2775 by the Cheerokee Nation, iu coDjunction with the agent of the 2776 Government of the United States. 2777 Article 7. This treaty, or articles of convention, after the 2778 same have been ratified by the President and Senate, shall be 2779 obligatory on the United States and said Cheerokee Nation. 2780 Proclaimed April 12, 1834. 2781 Articles of a treaty concluded at New Uchota in the State of 2782 Georgia on the 29th day of DecV, 1835, ly General William 2783 Carroll and John F. Schermerhorn, commissioners on the part of 2784 the United States, and the chiefs, head men, and people of the 2785 Cher oTcee tribe of Indians. 2786 Whereas the Cherokees are anxious to make some arrange - 2787 ments with the Government of the United States whereby the 2788 difaculties they have experienced by a residence within the 2789 settled parts of the United States under the jurisdiction and 2790 laws of the State governments may be terminated and adjusted ; 2791 and with a view to reuniting their people in one body and 2792 securing a permanent home for themselves and their posterity 2793 in the country selected by their forefathers without the territo- 2794 rial limits of the State sovereignties, and where they can estab- 2795 lish and enjoy a government of their choice, and perpetuate such 2796 a state of society as may be most consonant with their views, 2797 habits, and condition, and as may tend to their individual com- 2798 fort and their advancement in civilization ; and 2799 Whereas a delegation of the Cherokee Kation, composed 2800 of Messrs. John Boss, Eichard Taylor, Dan'l McCoy, Samuel 2801 Gunter, and William Eogers, with full power and authority to 2802 conclude a treaty with the United States, did on the 28th day 2803 of February, 1835, stipulate and agree with the Government of 2804 the United States to submit to the Senate to fix the amount 2805 which should be allowed the Cherokees for their claims and for 2806 a cession of their lands east of the Mississippi Elver, and did 2807 agree to abide by the award of the Senate of the United States 2808 themselves, and to recommend the same to their people for 2809 their final determination ; and 2810 Whereas on such submission the Senate advised "that 2811 a sum not exceeding five millions of dollars be paid to the 2812 Cherokee Indians for all their lands and possessions east of the 2813 Mississippi Elver ;" and 2814 Whereas this delegation, after said award of the Senate 2815 had been made, were called upon to submit propositions as to 2816 its disposition, to be arranged in a treaty, which they refused to 2817 do, but insisted that the same " should be referred to their 2818 nation and there in general council to deliberate and determine 9lT 66 2819 on the subject in order to insure harmony and good feeling 2820 among themselves ;" and 2821 Whereas a certain other delegation, composed of John 2822 Eidge, Elias Boudinot, Archilla Smith, S. W. Bell, John 2823 West, W'm A. Davis, and Ezekiel West, who represented 2824 that portion of the nation in favor of emigration to the Cherokee 2825 country west of the Mississippi, entered into propositions for a 2826 treaty with John F. Schermerhorn, commissioner on the part 2827 of the United States, which were to be submitted to their nation 2828 for their final action and determination ; and 2829 Whereas the Cherokee people, at their last October coun- 2830 cil at Eed Clay, fully authorized and empowered a delega- 2831 tion or committee of twenty persons of their nation to enter into 2832 and conclude a treaty with the United States commissioner then 2833 present, at that place or elsewhere, and as the people had good 2834 reason to believe that a treaty would then and there be made, or 2835 at a subsequent council at New Bchota, which the commissioners, 2836 it was well known and understood, were authorized and in- 2837 structed to convene for said purpose ; and since tlie said dele- 2838 gation have gone on to Washington City with a view to close 2839 negotiations there, as stated by them, nothwithstanding they 2840 were offlcially informed by the United States commissioner that 2841 they would not be received by the President of the United 2842 States, and that the Government would transact no business of 2843 this nature with them, and that if a treaty was made it must 2844 be done here in the nation, where the delegation at Washington 2845 last winter urged that it should be done for the purpose ofpromot- 2846 ing peace and harmony among the people ; and since these facts 2847 have also been corroborated to us by a communication recently 2848 received by the commissioner from the Government of the 2849 United States, and read and explained to the people in open 2850 council, and therefore believing said delegation can effect 2851 nothing, and since our difiSculties are daily increasing, and our 2852 situation is rendered more and more precarious, uncertain, and 2853 insecure in consequence of the legislation of the States; and 2854 seeing no effectual way of relief, but in accepting the liberal 2855 overtures of the United States ; and 2856 Whereas Gen'l William Carroll and John F. Scher- 2857 merhorn were appointed commissioners on the part of the United 2858 States, with full power and authority to conclude a treaty with 2859 the Cherokees east, and were directed by the President to con- 2860 vene the people of the nation in general council at New Echota, 2861 and to submit said propositions to them with power and author- 2862 ity to vary the same so as to meet the views of the Cherokees in 2863 reference to its details ; and 2864 Whereas the said commissioners did appoint and notify 67 2865 a general council of the nation to convene at New Echotaon the ■2866 21st day of December, 1835, and informed them that the com- 2867 missioners would be prepared to make a treaty with the Ohero- 2868 kee people who should assemble there, and those who did not 2869 come they should conclude gave their assent and sanction to 2870 whatever should be transacted at this council, and the people 2871 having met in council according to said notice: 2872 Therefore, the following articles of a treaty are agreed upon 2873 and concluded between William Carroll and John P. Schermer- 2874 horn, commissioners on the part of the United States, and the 2875 chiefs and head men and people of the Cherokee Nation, in gen- 2876 eral council assembled this 29th day of Dec'r, 1835 : 2877 Article 1. The Cherokee Nation hereby cede, relinquish, 2878 and convey to the United States all the lands owned, claimed, 2879 or possessed by them east of the Mississippi Kiver, and hereby 2880 release all their claims upon the United States for spoliations of 2881 every kind, for and in consideration of the sum of five millions 2S82 of dollars, to be expended, paid, and invested in the manner 2883 stipulated and agreed upon in the following articles. But as a 2884 question has arisen between the commissioners and the Chero- 2885 kees, whether the Senate in their resolution, by which they ad- 2886 vised "that a sum not exceeding five millions of dollars be paid 2887 to the Cherokee Indians for all their lands and possessions east 2888 of the Mississippi Kiver," have included and made any allowance 2889 or consideration for claims for spoliations ; it is therefore 2890 agreed on the part of the United States that this question shall 2891 be again submitted to the Senate for their consideration and de- 2892 cision, and if no allowance was made for spoliations, that then 2893 an additional sum of three hundred thousand dollars be allowed 2894 for the same. 2895 ARTICLE 2. Whereas, by the treaty of May 6th, 1828, and 2896 the supplementary treaty thereto of Feb. 14th, 1833, with 2897 the Cherokees west of the Mississippi, the United States guaran ■ 2898 tied and secured to be conveyed by patent, to the Cherokee Na- 2899 tion of Indians, the following tract of country: "Beginning at 2900 a point on the old western territorial line of Arkansas Territory, 2901 being twenty-flve miles north from the point where the territo- 2902 rial line crosses Arkansas Eiver ; thence running from said north 2903 point south on the said territorial line where the said territorial 2904 line crosses Verdigris Eiver ; thence down said Verdigris Eiver 2905 to the Arkansas Eiver ; thence down said Arkansas to a point 2906 where a stone is placed opposite the east or lower bank of Grand 2907 Eiver at its junction with the Arkansas; thence running south 2908 forty-four degrees west one mile ; thence in a straight line to a 2909 point four miles northerly, from the mouth of the north fork of 2910 the Canadian ; thence along the said four-mile line to the Cana- • 68 2911 dian ; thence down the Canadian to the Arkansas ; thence down 2912 the Arkansas to that point on the Arkansas where the eastern 2913 Choctaw boundary strikes said river, and running thence with 2914 the western line of Arkansas Territory, as now defined, to the 2915 southwest corner of Missouri ; thence along the western Missouri 2916 line to the land assigned the Senecas; thence on the south line 2917 of the Senecas to Grand Eiver ; thence up said Grand River as 2918 far as the south line of the Osage reservation, extended if neces- 2919 sary ; thence up and between said south Osage line, extended 2920 west if necessary, and a line drawn due west from the point of 2921 beginning to a certain distance west, at which a line running 2922 north and south from said Osage line to said due west line will 2923 make seven millions of acres within the whole described bounda- 2924 ries. In addition to the seven millions of acres of land thus pro- 2925 vided for and bounded, the United States further guaranty to 2926 the Cherokee Nation a perpetual outlet west, and a free and un- 2927 molested use of all the country west of the western boundary of 2928 said seven millions of acres, as far west as the sovereignty of 2929 the United States and their right of soil extend : Provided, how- 2930 ever, That if the saline or salt plain on the western prairie shall 2931 fall within said limits prescribed for said outlet, the right is re- 2932 served to the United States to permit other tribes of red men to 2933 get salt on said plain in common with the Cherokees ; and letters- 2934 patent shall be issued by the United States as soon as prac- 2935 ticable for the land hereby guarantied ;" and whereas it is ap- 2936 prehended by the Cherokees that in the above cession there 2937 is not contained a suflcient quantity of land for the accom- 2938 modation of the whole nation on their removal west of the 2939 Mississippi, the United States, in consideration of the sum of 2940 five hundred thousand dollars therefore, hereby covenant and 2941 agree to convey to the said Indians and their descendants, 2942 by patent in fee simple, the following additional tract of land, 2943 situated between the west line of the State of Missouri aud 2944 the Osage reservation, beginning at the southeast corner of 2945 the same and runs north along the east line of the Osage lands 2946 fifty miles to the northeast corner thereof; and thence east to 2947 the west line of the State of Missouri ; thence with said line 2948 south fifty miles ; thence west to the place of beginning ; esti- 2949 mated to contain eight hundred thousand acres of land ; but it 2950 is expressly understood that if any of the lands assigned the 2951 Quapaws shall fall within the aforesaid bounds the same shall 2952 be reserved and excepted out of the lands above granted, and a 2953 pro rata reduction shall be made in the price to be allowed to 2954 the United States for the same by the Cherokees. 2955 Article 3. The United States also agree that the lands 2956 above, ceded by the treaty of Feb. 14, 1833, including the 69 [^2957. outlet, and those ceded by this treaty, shall all be included in 2958 one patent executed to the Cherokee Nation of Indians by the 2959 President of the United States according to the provisions of 2960 the act of May 28, 1830. It is, however, agreed that the military 2961 reservation at Fort Gibson shall be held by the United States. 2962 But should the United States abandon said post and have no 2963 further use for the same it shall revert to the Cherokee Nation. 2964 The United States shall always have the right to make and es- 2965 tablish such post and military forts in any part of the Cherokee 2966 country as they may deem proper for the interest and protec- 2967 tion of the same, and the free use of as much land, timber, fuel, 2968 and materials of all kinds for the construction and support of 2969 the same, as may be necessary ; provided that if the private 2970 rights of individuals are interfered with, a just compensation 2971 therefor shall be made. 2972 Aeticle 4. The United States also stipulate and agree to 2973 extinguish for the benefit of the Cherokees the titles to the res- 2974 ervations within their country made in the Osage treaty of 2975 1825 to certain half-breeds ; and for this purpose they hereby 2976 agree to pay to the persons to whom the same belong or have 2977 been assigned, or to their agents or guardians, whenever they 2978 shall execute after the ratification of this treaty a satisfactory 2979 conveyance for the same to the United States, the sum of flf- 2980 teen thousand dollars, according to a schedule accompanying 2981 this treaty of the relative value of the several reservations ; 2982 and whereas by the several treaties between the United States 2983 and the Osage Indians the Union and Harmony Missionary 2984 reservations which were established for their benefit are now 2985 situated within the country ceded by them to the United 2986 States, the former being situated in the Cherokee country and 2987 the latter in the State of Missouri, it is therefore agreed that 2988 the United States shall pay the American Board of Commis. 2989 sioners for Foreign Missions for the improvements on the same 2990 what they shall be appraised at by Capt. Geo. Vashon, Cherokee 2991 sub-agent, Abraham Eedfield, and A. P. Chouteau, or such 2992 persons as the President of the United States shall appoint, and 2993 the money allowed for the same shall be expended in schools 2994 among the Osages and improving their condition. It is under- 2995 stood that the United States are to pay the amount allowed for 2996 the reservations in this article, and not the Cherokees. 2997 Article 5. The United States hereby covenant and agree 2998 that the lands ceded to the Cherokee Nation in the foregoing 2999 article shall in no future time, without their consent, be included 3000 within the territorial limits or jurisdiction of any State or Ter- 3001 ritory. But they shall secure to the Cherokee Nation the right 3002 by their national councils to make and carry into effect all such 70 3003 laws as they may deem necessary for the government and pro- 3004 tection of the persons and property within their own country 3005 belonging to their people or such persons as have connected 3006 themselves with them : Provided always, That they shall not be 3007 inconsistent with the Constitution of the United States and 3008 such acts of Congress as have been or may be passed regulating 3009 trade and intercourse with the Indians ; and also, that they shall 3010 not be considered as extending to such citizens and army of the 3011 United States as may travel or reside in the Indian country by 3012 permission according to the laws and regulations established by 3013 the Government of the same. 3014 Aeticle 6. Perpetual peace and friendship shall exist be- 3015 tween the citizens of the United States and the Cherokee Indians. 3016 The United States agree to protect the Cherokee Nation from 3017 domestic strife and foreign enemies and against intestine wars 3018 between the several tribes. The Cherokees shall endeavor to 3019 preserve and maintain the peace of the country and not make 3020 war upon their neighbors. They shall also be protected against 3021 interruption and intrusion from citizens of the United States, 3022 who may attempt to settle in the country without their consent ; 3023 and all such- persons shall be removed from the same by order 3024 of the President of the United States. But this is not intended to 3025 prevent the residence among them of useful farmers, mechanics, 3026 and teachers for the instruction of Indians according to treaty 3027 stipulations. 3028 Article 7. The Cherokee Nation having already made great 3029 progress in civilization, and deeming it important that every 3030 proper and laudable inducement should be offered to their people 3031 to improve their condition, as well as to guard and secure in tbe 3032 most effectual manner the rights guarantied to thiem in this 3033 treaty, and with a view to illustrate the liberal and enlarged policy 3034 of the Government of the United States towards the Indians in 3035 their removal beyond the territorial limits of the States, it is 3036 stipulated that they shall be entitled to a delegate in the House 3037 of Eepresentatives of the United States whenever Congress 3038 shall make provision for the same. 3039 Article 8. The United States also agree and stipulate to 3040 remove the Cherokees to their new homos, and to subsist them 3041 one year after their arrival there, and that a sufiQcient number 3042 of steamboats and baggage- wagons shall be furnished to remove 3043 them comfortably, and so as not to endanger their health, and 3044 that a physician, well supplied with medicines, shall accompany 3045 each detachment of emigrants removed by the Government. 3046 Such persons and families as in the opinion of the emigrating 3047 agent are capable of subsisting and removing themselves shall 3048 be permitted to do so ; and they shall be allowed in full of all 71 3049 claims for the same twenty dollars for each member of their 3050 family; and in lieu of their one year's rations, they shall be paid 3051 the sum of thirty-three dollars and thirty-three cents if they 3052 prefer it. 3053 Such Cherokees also as reside at present out of the nation, 3054 and shall remove with them in two years west of the Mississippi, 3055 shall be entitled to allowance for removal and subsistence as 3056 above provided. 3057 Article 9. The United States agree to appoint suitable 3058 agents who shall make a just and fair valuation of all such im- 3059 provements now in the possession of the Cherokees as add any 3060 value to the lauds; and also of the ferries owned by them, ac- 3061 cording to their nett income ; and such improvements and ferries 3063 from which they have been dispossessed in a lawless manner, or 3063 under any existing laws of the State where the same may be 3064 situated. 3065 The just debts of the Indians shall be paid out of any moneys 3066 due them for their improvements and claims; and they shall 3067 also be furnished, at the discretion of the President of the 3068 United States, with a sufflcient sum to enable them to obtain 3069 the necessary means to remove themselves to their new homes, 3070 and the balance of their dues shall be paid them at the Cherokee 3071 agency west of the Mississippi. The missionary establishments 3072 shall also be valued and appraised in a like manner, and the 3073 amount of them paid over by the United States to the treasurers 3074 of the respective missionary societies by whom they have been 3075 established and improved, in order to enable them to erect such 3076 buildings and make such improvements among the Cherokees 3077 west of the Mississippi as they may deem necessary for their 3078 benefit. Such teachers at present among the Cherokees as this 3079 council shall select and designate, shall be removed west of the 3080 Mississippi with the Cherokee Nation, and on the same terms 3081 allowed to them. 3082 Article 10. The President of the United States shall invest 3083 in some safe and most productive public stocks of the country for 3084 the benefi.t of the whole Cherokee Nation who have removed or 3085 shall remove to the lands assigned by this treaty to the Chero- 3086 kee Nation west of the Mississippi the following sums as per- 3087 manent fund for the purposes hereinafter specifi.ed, and pay over 3088 the nett income of the same annually to such person or persons as 3089 shall be authorized or appointed by the Cherokee Nation to receive 3090 the same, and their receipt shall be a fall discharge for the 3091 amount paid to them, viz, the sum of two hundred thousand 3092 dollars, in addition to the present annuities of the nation, to con- 3093 stitute a general fund, the interest of which shall be applied 3094 annually by the council of the nation to such purposes as they 72 3095 may deem best for the general interest of tlieir people. The sum 3096 of fifty tliousaad dollars to constitute an orphans' fund, the 3097 annual income of which shall be expended towards the support 3098 and education of such orphan children as are destitute of the 3099 means of subsistence. The sum of one hundred and fifty thou- 3100 sand dollars, in addition to the present school-fund of the nation, 3101 shall constitute a permanent school-fund, the interest of which 3102 shall be applied annually by the council of the nation for the 3103 support of common schools and such a literary institution of a 3104 higher order as may be established in the Indian country. And 3105 in order to secure as far as possible the true and beneficial appli- 3106 cation of the orphans' and school fund, the council of the Chero- 3107 kee Nation, when required by the President of the United 3108 States, shall make a report of the application of those funds, and 3109 he shall at all times have the right, if the funds have been mis- 3110 applied, to correct any abuses of them, and direct the manner 3111 of their application for the purposes for which they were intend- 3112 ed. The council of the nation may, by giving two years' notice 3113 of their intention, withdraw their funds by and with the consent 3114 of the President and Senate of the United States, and invest 3115 them in such manner as they may deem most proper for their 3116 interest. The United States also agree and stipulate to pay the 3117 just debts and claims against the Cherokee Nation held by the 3118 citizens of the same, and also the just claims of citizens of the 3119 United States for services rendered to the nation, and the sum of 3120 sixty thousand dollars is appropriated for this purpose, but no. 3121 claims against individual persons of the nation shall allow beed 3122 and paid by the nation. The sum of three hundred thousand 3123 dollars is hereby set apart to pay and liquidate the just claims 3124 of the Oherokees upon the United States for spoliations of every 3125 kind that have not been already satisfied under former treaties. 3126 Article 11. The Cherokee Nation of Indians, believing it 3127 will be for the interest of their people to have all their funds and 3128 annuities under their own direction and future disposition, 3129 hereby agree to commute their permanent annuity of ten thou- 3130 sand dollars for the sum of two hundred and fourteen thousand 3131 dollars, the same to be invested by the President of the United 3132 States as a part of the general fund of the nation ; their present 3J 33 school-fund, amounting to about fifty thousand dollars, shall con- 3134 stltute a part of the permanent school-fund of the nation. 3135 Article 12. Those individuals and families of the Cher- 3136 okee Nation that are averse to a removal to the Cherokee 3137 country west of the Mississippi, and are desirous to become citi- 3138 zens of the States where they reside, and such as are qualified 3139 to take care of themselves and their property, shall be entitled 3140 to receive their due portion of all the personal benefits accru- 73 3141 ing under this treaty for their claims, improvements, and per 3142 capita, as soon as an appropriation is made for this treaty. 3143 Such heads of Cherokee families as are desirous to reside 3144 within the States of No. Carolina, Tennessee, and Alabama 3143 subject to the laws of the same, and who are qualified or cal- 3 146 culated to become useful citizens, shall be entitled, on the certifi- 3147 cate of the commissioners, to a pre-emption right to one hun- 3148 dred and sixty acres of land, or one-quarter section, at the mini- 3149 mum Congress price; so as to include the present buildings or 3150 improvements of those who now reside there, and such as do not 3151 live there at present shall be permitted to locate within two 3152 years any lands not already occupied by persons entitled to pre- 3153 emption privilege under this treaty; and if two or more families 3154 live on the same quarter section, and they desire to continue 3155 their residence in these States, and are qualified as above speci- 3156 fied, they shall, on receiving their pre-emption certificate, be eu- 3157 titled to the right of pre-emption to such lands as they may 3158 select not already taken by any person entitled to them under 3159 this treaty. 3160 It is stipulated and agreed between the United States and 31C1 the Cherokee people that John Eoss, James Starr, George Hicks, 3102 John Gunter, George Chambers, John Eidge, Elias Boudinot, 3163 George Sanders, John Martin, William Eogers, Eoman Nose 3164 Situ wake, and John Timpson shall be a committee on the part 3165 > of the Cherokees to recommend such persons for the privilege 3166 of preemption rights as may be deemed entitled to tbe same 3167 under the above articles, and to select the missionaries who 3168 shall be removed with the nation ; and that they be hereby fully 3169 empowered and authorized to transact all business on the part 3170 of the Indians which may arise in carrying into effect the pro- 3171 visions of this treaty and settling the same with the United 3172 States. If any of the persons above mentioned should decline 3173 acting, or be removed by death, the vacancies shall be filled by 3174 the committee themselves. 3175 IJ; is also understood and agreed that the sum of one hun- 3176 dred thousand dollars shall be expended by the commissioners 3177 in such manner as the committee deem best, for the benefit of 3178 the poorer class of Cherokees as shall remove west or have re- 3179 moved west, and are entitled to the benefits of this treaty. The 3180 same to be delivered at the Cherokee agency west as soon after 3181 the removal of the nation as possible. 3182 Aeticle 13. In order to make a final settlement of all the 3183 claims of the Cherokees for reservations granted under former 3184 treaties, to any individuals belonging to the nation, by the 3185 United States, it is therefore hereby stipulated and agreed and 3186 expressly understood by the parties to this treaty, that all the 10 I T 74 3187 Cherokees and their heirs and descendants to whom any reser- 3188 vatious have been made under any former treaties with the 3189 United States, and who have not sold or conveyed the same by 3190 deed or otherwise, and who, in the opinion of the commissioners, 3191 have complied with the terms on which the reservations were 3192 granted, as far as practicable in the several cases, and which 3193 reservations have since been sold by the United States, shall 3194 constitute a just claim against the United States, and the orig- 3195 inal reservees or their heirs or descendants shall be entitled to 3196 receive the present value thereof, from the United States, as 3197 unimproved lands. And all such reservations as have not been 3198 sold by the United States, and where the terms on which the 3199 reservations were made, in the opinion of the commissioners, 3200 have been complied with as far as practicable, they or their heirs 3201 or descendants shall be entitled to the same. They are hereby 3202 granted and confirmed to them, and also all persons who were 3203 entitled to reservations under the treaty of 1817, and who, 3204 as far as practicable, in the opinion of the commissioners, have 3205 complied with the stipulations of said treaty, alt-hough, by the " 3206 treaty of 1819, such reservations were included in the unceded 3207 lands belonging to the Cherokee Nation, are hereby confirmed 3208 to them and they shall be entitled to receive a grant for the 3209 same. And all such reservees as were obliged by the laws of 3210 the States in which' their reservations were situated, to abandon 3211 the same or purchase them from the States, shall be deemed to 3212 have a j ust clai m against the United States for the amoun t by them 3213 paid to the States, with interestthereon, for such reservations, and 3214 if obliged to abandon the same, to the present value of such 3215 reservations, as unimproved lands'; but in all cases where 3216 the reservees have sold their reservations, or any part thereof, 3217 aud conveyed the same by deed or otherwise, and have been 3218 paid for the same, they, their heirs, or descendants, or their 3219 assigns, shall not be considered as having any claims upon the 3220 United States under this article of the treaty, nor be entitled 3221 to receive any compensation for the lands thus disposed of. It 3222 is expressly understood by the parties to this treaty that the 3223 amount to be allowed for reservations under this article shall 3224 not be deducted out of the consideration money allowed to the 3225 Cherokees for their claims for spoliations and the cession of 3226 their lands ; but the same is to be paid for independently by the 3227 United States, as it is only a just fulfillment of former treaty 3228 stipulations. 3229 Article 14. It is also agreed on the part of the United 3230 States that such warriors of the Cherokee Nation as were en- 3231 gaged on the side of the United States in the late war with 3232 Great Britain and the southern tribes of Indians, and who were 75 3233 wounded in such service, shall be entitled to such pensions as 3234 shall be allowed them by the Congress of the United States, to 3235 commence from the period of their disability. 3236 Article 15. It is expressly understood and agreed between 3237 the parties to this treaty that after deducting the amount which 3238 shall be actually expended for the payment for improvements, 3239 ferries, claims for spoliations, removal, subsistence, and debts 3240 and claims upon the Cherokee Nation, and for the additional 3241 quantity of lands and goods for the poorer class of Cherokees, 3242 and the several sums to be invested for the general national 3243 funds provided for in the several articles of this treaty, the 3244 balance, whatever the same may be, shall be equally divided 3245 between all the people belonging to the Cherokee Nation east 3246 according to the census just completed ; and such Cherokees as 3247 have removed west since June, 1833, who are entitled by the 3248 terms of their enrolment and removal to all the benefits result- 3249 ing from the final treaty between the United States and the 3250 Cherokees east, they shall also be paid for their improvements 3251 according to their approved value before their removal, where 3252 fraud has not already been shown in their valuation. 3253 Aetigle 16. It is hereby stipulated and agreed by the 3254 Cherokees that they shall remove to their new homes within 3255 two years from the ratification of this treaty, and that during 3256 such time the United States shall protect and defend them iu 3257 their possessions and property, and free use and occupation of 3258 the same, and such persons as have been dispossessed of their 3259 improvements and houses, and for which no giant has actually 3260 issued previously to the enactment of the law of the State of 3261 Georgia of December, 1835, to regulate Indian occupancy, shall 3262 be again put in possession and placed in the same situation and 3263 condition, in reference to the laws of the State of Georgia, as 3264 the Indians that have not been dispossessed ; and if this is not 3265 done, and the people are left unprotected, then the United 3266 States shall pay the several Cherokees for their losses and dam- 3267 ages sustained by them in consequence thereof. And it is also 3268 stipulated and agreed that the public buildings and improve* 3269 ments on which they are situated at New Echota, for which no 3270 grant has been actually made previous to the passage of the 3271 above recited act, if not occupied by the (Jherokee people, shall 3272 be reserved for the public and the free use of the United States 3273 and the Cherokee Indians, for the purpose of settling and closing 3274 all the Indian business arising under this treaty between the 3275 commissioners of claims and the Indians. 3276 The United States, and the several States interested in the 3277 Cherokee lands, shall immediately proceed to survey the lands 3278 ceded by this treaty; but it is expressly agreed and understood 76 3279 between the parties that the agency buildings and that tract of 3280 land surveyed and laid off for the use of Colonel E. J. Meigs, 3281 Indian agent, or heretofore enjoyed and occupied by his sue- 3282 cessors in ofSce, shall continue subject to the use and occupancy 3283 of the United States, or such agent as may be engaged specially 3284 superintending the removal of the tribe. 3285 Aetiolb 17. All the claims arising under or provided for 3286 in the several articles of this treaty shall be examined and 3287 adjudicated by such commissioners as shall be appointed by the 3288 President of the United States, by and with the advice and 3289 consent of the Senate of the United States, for that purpose; 3290 and their decision shall be final, and on their certificate of the 3291 amount due the several claimants they shall be paid by the 3292 United States. All stipulations in former treaties which have 3293 not been superseded or annulled by this shall continue in full 3294 force and virtue. 3295 Article 18. Whereas in consequence of the unsettled 3296 affairs of the Cherokee people, and the early frosts, their crops 3297 are insufftcient to support their families, and great distress is 3298 likely to ensue ; and whereas the nation will not until after 3299 their removal be able advantageously to expend the income of 3300 the permanent funds of the nation, it is therefore agreed that 3301 the annuities of the nation which may accrue under this treaty 3302 for two years, the time fixed for their removal, shall be expended 3303 in provisions and clothing for the benefit of the poorer class of 3304 the nation ; and the United States hereby agree to advance the 3305 same for that purpose as soon after the ratification of this treaty 3306 as an appropriation for the same shall be made. It is, however, 3307 not intended in this article to interfere with that part of the 3308 annuities due the Cherokees west by the treaty of 1819. 3309 Article 19. This treaty, after the same shall be ratified 3310 by the President and Senate of the United States, shall be 3311 obligatory on the contracting parties. 3312 Proclaimed May 23, 1836. 3313 Whereas the Western Cherokees have appointed a delega- 3314 tion to visit the Eastern Cherokees to assure them of the friendly 3315 disposition of their people and their desire that the nation should 3316 again be united as one people, and to urge upon them the expe- 3317 diency of accepting the overtures of the trovernment; and that, 3318 on their removal, they may be assured of a hearty welcome and 3319 an equal participation with them in all the benefits and p'rivi- 3320 leges of the Cherokee country west ; and the undersigned, two 3321 of said delegation, being the only delegates in the eastern nation 3322 from the west at the signing and sealing of the treaty lately 3323 concluded at New Echota between their eastern brethren and 77 3324 the United States, and having fully understood the provisions 3325 of the same, they agree to it in behalf of the Western Oherokees. 3326 But it is expressly understood that nothing in this treaty shall 3327 affect any claims of the Western Oherokees on the United States. 3328 In testimony whereof we have, this 31st day of December, 3329 1835, hereunto set our hands and seals. 3330 JAMES EOGBES, 3331 JOHN SMITH, 3332 Delegates from the Western CheroTcees. 3333 Schedule and estimated, value of the Osage half-breed reservations 3334 within the territory ceded by the Gherolcees west of the 31issis- 3335 sippi, {referred to in article 5 on the foregoing treaty,) viz : 3336 Augustus Clamont, one section , $6, 000 3337 James Clamont, one section 1, 000 3338 Paul Clamont, one section 1, 300 3339 Henry Clamont, one section 800 3340 Anthony Clamont, one section 1, 800 3341 Eosalie Clamont, one section .1 , 800 3342 Emilia D., of Mihanga 1,000 3343 Emilia D„ of Shemianga.... , 1,300 3344 3345 $15,000 3346 I hereby certify that the above schedule is the estimated 3347 value of the Osage reservations, as made out and agreed upon 3348 with Col. A. P. Chouteau, who represented himself as the agent 3349 or guardian of the above reservees. 3350 J. P. SCHEEMEEHOEN. 3351 Makch 14, 1835. 3852 Supplementary articles to a treaty concluded at New JEehota, Geor- 3353 gia, December 29, 1835, between the United States and Cherokee 3354 people, 3355 Whereas the , undersigned were authorized at the general 3356 meeting of the Cherokee people held at 'New Echota, as above 3357 stated, to make and assent to such alterations in the preceding 3358 treaty as might be thought necessary; and whereas the Presi- 3359 dent of the United States has expressed his determination not 3360 to allow any pre-emptions or reservations, his desire being that 3361 the whole Cherokee people should remove together and estab- 3362 lish themselves in the country provided for them west of the 3363 Mississippi river: 3364 Article 1. It is therefore agreed that all the pre-emption 78 3365 rights and reservations provided for in articles 12 and 13 shall 3366 be and are hereby relinquished and declared void. 3367 Article 2. Whereas the Cherokee people have supposed 3368 that the sum of five millions of dollars fixed by the Senate in 3369 their resolution of day of March, 1835, as the value of the 3370 Cherokee lands and possessions east of the Mississippi Eiver 3371 was not intended to include the amount which may be required 3372 to remove them, nor the value of certain claims which many of 3373 their people had against citizens of the United States, which 3374 suggestion has been confirmed by the opinion expressed to the 3375 War Department by some of the Senators who voted upon the 3376 question ; and whereas the President is willing that this subject 3377 should be referred to the Senate for their consideration, and if 3378 it was not intended by the Senate that the above-mentioned 3379 sum of five millions of dollars should include tte objects herein 3380 specified, that in that case such further provision should be 3381 made therefor as might appear to the Senate to be just : 3382 Article 3. It is therefore agreed that the sum of six hun- 3383 dred thousand dollars shall be, and the same is hereby, allowed 3384 to the Cherokee people, to include the expense of their removal, 3386 and all claims of every nature afld description against the Gov- 3386 ernment of the United States not herein otherwise expressly pro- 3387 vided for, and to be in lieu of the said reservations and pre- 3388 emptions, and of the sum of three hundred thousand dollars for 3389 spoliations described in the 1st article of the above-mentioned 3390 treaty. This sum of six hundred thousand dollars shall be ap- 3391 plied and distributed agreeably to the provisions of the said 3392 treaty, and any surplus which may remain after removal and 3393 payment of the claims so ascertained, shall be turned over and 3394 belong to the education fund. 3395 But it is expressly understood that the subject of this arti- 3396 cle is merely referred hereby to the consideration of the Senate, 3397 and if they shall approve the same, then this supplement shall 3398 remain part of the treaty. 3399 Article 4. It is also understood that the provisions in ar- 3400 tide 16, for the agency reservation, is not intended to interfere 3401 with the occupant right of any Cherokees, should their improve- 3402 ment fall within the same. 3403 It is also understood and agreed, that the one hundred 3404 thousand dollars appropriated in article 12 for the poorer class 3405 of Cherokees, and intended as a set-off to the pre-emption rights, 340G shall now be transferred from the funds of the nation and added 3407 to the general national fund of four hundred thousand dollars, 3408 so as to make said fund equal to five hundred thousand dollars. 3409 Article 5. The necessary expenses attending the negotia- 3410 tion of thie aforesaid treaty and supplement, and also of such- 79 3411 persons of the delegation as may sign the same, shall be de- 3412 frayed by the United States. 3413 Proclaimed May 23, 1836. 3414 Articles of a treaty made and concluded at Washington, in the 3415 District of Columbia, hetu-een the United States of America, by 3116 three commissioners, Edmund Burlce, William Armstrong, and 3117 Albion K. Parris ; and John Boss, principal chief of the Gher- 3418 olcee Nation ; David Vann, William S. Goody, Richard Taylor, 3419 ~ T. B. Walker, Clement V. McWair, Stephen Foreman, John 3120 Drew, and Richard Field, delegates duly appointed by the reg. 3421 uldrly constituted authorities of the Gherolcee Nation ; George 3122 W. Adair, John A. Bell, Stand Watie, Joseph M. Lynch, John 3423 Huss, and Brice Martin, a delegation appointed by, and reprv. 3424 senting that portion of the GheroTcee tribe of Indians Icnoicn 3425 and recognized as the ^'Treaty Party ;" John Broton, Captain 3426 Dutch, John L. McCoy, Richard Drew, and Fllis Phillips, 3427 delegates appointed by, and representing, that portion of the 3428 Gheroleee Tribe of Indians Imoicn and recognized as " Western 3429 Gherolcees," or "■Old. Settlers." 3430 Whereas serious diflSculties have, for a considerable time 3431 past, existed between the different portions of the people consti- 3432 tilting and recognized as the Cherokee Nation of Indians, which 3433 it is desirable should be speedily settled, so that peace and har- 3434 mony may be restored among them ; and whereas certain claims 3435 exist on the part of the Cherokee Nation, and portions of the 3436 Cherokee people, against the United States : Therefore, with a 3437 view to the final and amicable settlement of the difficulties and 3438 claims before mentioned, it is mutually agreed by the several 3439 parties to this convention as follows, viz : 3440 Article 1. That the lands now occupied by the Cherokee Na- 3441 tion shall be secured to the whole Cherokee people for their commou 3442 use and benefit; and a patent shall be issued for the same, in- 3143 eluding the eight hundred thousand acres purchased, together 3444 with the outlet west, promised by the United States, in conform- 3445 ity with the provisions relating thereto, contained in the third 3446 article of the treaty of 1835, and in the third section of the act 3447 of Congress approved May twenty-eighth, 1830, which author- 3448 izes the President of the United States, in making exchanges of 3449 lands with the Indian tribes, " to assure the tribe or nation with 3450 which the exchange is made that the United States will forever 3151 secure and guarantee to them, and their heirs or successors, the 3452 country so exchanged with them ; and if they prefer it that the 3453 United States will cause a patent or grant to be made and exe- 3454 cuted to them for the same : Provided, always. That such lands 80 3455 shall revert to the United States if the Indians become extinct 3456 or abandon the same." 3457 Aeticle 2. All difiaculties and differences heretofore ex- 3458 isiting between the several parties of the Cherokee Nation are 3459 hereby settled and adjasted, and shall, as far as possible, be for- 3460 gotten and forever buried in oblivion. All party distinctions 3461 shall cease, except so far as they may be necessary to carry oat 3462 this convention or treaty. A general amnesty is hereby declared. 3463 All offences and crimes committed by a citizen or citizens of the 3464 Cherokee Nation against the nation, or against an individual or 3465 individnals, are hereby pardoned. All Cherokees who are now 3466 out of the nation are invited and earnestly requested to return to 3467 their homes, where they may live in peace, assured that they shall 3468 not be prosecuted for any offence heretofore committed against 3469 the Cherokee Nation, or any individual thereof. And this par- 3470 don and amnesty shall extend to all who may now be out of the 3471 nation, and who shall return thereto on or before 1st day of De- 3472 cember next. The several parties agree to unite in enforcing 3473 the laws against all future offenders. Laws shall be passed for 3474 equal protection, and for the security of life, liberty, and pro- 3475 perty ; and full authority shall be given by law, to all or any 3476 portion of the Cherokee people, peaceably to assemble and pe- 3477 tition their own government, or the Government of the United 3478 States, for the redress of grievances, and to discuss their rights. 3479 All armed police, light horse, and other military organization, 3480 shall be abolished, and the laws enforced by the civil authority 3481 alone. 3482 No one shall be punished for any crime or misdemeanor ex- 3483 cept on conviction by a jury of his country, and the sentence of 3484 a court duly authorized by law to take cognizance of the offence. 3485 And it is further agreed, all fugitives from justice, except those 3486 included in the general amnesty herein stipulated, seeking ref- 3487 uge in the territory of the United States, shall be delivered up 3488 by the authorities of the United States to the Cherokee Nation 3489 for trial and punishment. 3490 Aktiolb 3. Whereas certain claims have been allowed by 3491 the several boards of commissioners heretofore appointed un- 3492 der the treaty of 1835, for rents, under Jhe name of improve- 3493 meuts and spoliations, and for property of which the Indians 3494 were dispossessed, provided for under the 16th article of the 3493 treaty of 1833 ; and whereas the said claims have been paid out 3496 of the $5,000,000 fund ; and whereas said claims were not justly 3497 chargeable to that fund, but were to be paid by the United 3498 States, the said United States agree to re-imburse the said fund 3499 the amount thus charged to said fund, and the same shall form 3500 a part of the aggregate amount to be distributed to the Chero- 81 3501 kee people, as provided ia the- 9th article of this treaty; and 3502 whereas a further amount has been allowed for reservations un- 3503 der the provisions of the 13th article of the treaty of 1835, by 3504 said commissioners, and has been paid out of the said fund, and 3505 which said sums were properly chargeable to, and should have 3506 been paid by, the United States, the said United States further 3507 agree to re-imburse the amounts thus paid for reservations to 3508 said fund ; and whereas the expenses of making the treaty of 3509 New Bchoto were also paid out of said fund, when they should 3510 have been borne by the United States, the United States agree 3511 to reimburse the same, and also to re-imburse all other sums 3512 paid to any agent of the government, and improperly charged 3513 to said fund ; and the same also shall form a part of the aggre- 3514 gate amount to be distributed to the Cherokee people, as pro- 3515 vided in the 9th article of this treaty. 3516 Article 4. And whereas it has been decided by the board 3517 of commissioners recently appointed by the President of the 3518 United States to examine and adjust the claims and difficulties 3519 existing against and between the Cherokee people and the 3520 United States, as well as between the Cherokees themselves, 3521 that under the provisions of the treaty of 1828, as well as in 3522 conformity with the general ijolicy of the United States in rela- 3523 tion to the Indian tribes, and the Cherokee Nation in particular, 3524 that that portion of the Cherokee people known as the " Old 3525 Settlers," or " Western Cherokees," had no exclusive title to the 3526 territory ceded in that treaty, but that the same was intended for • 3527 the use of, and to be the home for, the whole nation, including 3528 as well that portion then east as that portion then west of the 3529 Mississippi ; and whereas the said board of commissioners fur- 3530 ther decided that, inasmuch as the territory before mentioned 3531 became the common property of the whole Cherokee Nation by 3532 the operation of the treaty of 1828, the Cherokees then west of 3533 the Mississippi, by the equitable operation of the same treaty, 3534 acquired a common interest iu the lands occupied by the Cher- 3535 okees east of the Mississippi river, as well as in those occupied 3536 by themselves west of that river, which interest should have 3537 been provided for in the treaty of 1835, but which was not, 3538 except in so far as they, as a constituent portion of the nation, 3539 retained, in proportion to their numbers, a common interest in 3540 the country west of the Mississippi, and in the general funds of 3541 the nation ; and therefore they have an equitable claim upon 3542 the United States for the value of that interest, whatever it 3543 may be. Now, in order to ascertain the value of that interest, 3544 it is agreed that the following principle shall be adopted, viz: 3545 All the investments and expenditures which are properly 3546 chargeable upon the sums granted in the treaty of 1835, amount- 11 IT 82 3547 ing in the whole to five millions six hundred thousand dollars, 3548 (which investments and expenditures are particularly enumer- 3549 ated in the 15th article of the treaty of 1835,) to be first de- 3550 ducted from said aggregate sum, thus ascertaining the residuum 3551 or amount which would, under such marshalling of accounts, 3552 be left for ^er capita distribution among the Oherokees, emigrat- 3553 ing under the treaty of 1835, excluding all extravagant and 3554 improper expenditures, and then allow to the Old Settlers (or 3555 Western Cherokees) a sum equal to one third part of saidre- 3556 siduum, to be distributed per capita to each individual of said 3557 party of " Old Settlers," or " Western Cherokees." It is further 3558 agreed that, so far as the Western Cherokees are concerned, in 3559 estimating the expense of removal and subsistence of an East- 3560 ern Cherokee, to be charged to the aggregate fund of five mil- 3561 lion, six hundred thousand dollars above mentioned, the sums 3562 for removal and subsistence stipulated in the 8th article of the 3563 treaty of 1835, as commutation money in those cases in which 3564 the parties entitled to it removed themselves shall be adopted. 3565 And as it affects the settlement with the Western Cherokees, 3566 there shall bo no deduction from the fund before mentioned in 3567 consideration of any payments which may hereafter be made out 3568 of said fund ; and it is hereby further understood and agreed, 3569 that the principle above defined shall embrace all those Chero- 3570 kees west of the Mississippi who emigrated prior to the treaty 3571 of 1835. 3572 In the consideration of the foregoing stipulation on the part 3573 of the United States, the " Western Cherokees," or " Old Set- 3574 tiers," hereby release and quit-claim to the United States all 3575 right, title, interest, or claim they may have to a common prop- 3576 erty in the Cherokee lands east of the Mississippi Eiver, and to 3577 exclusive ownership to the lands ceded to them by the treaty of 3578 1833 west of the Mississippi, including the outlet west, consent- 3579 ing and agreeing that the said lands,, together with the eight 3580 hundred thousand acres ceded to the Cherokees by the treaty of 3581 1835, shall be and remain the common property of the whole 3582 Cherokee people, themselves included. 3583 Article 5. Itis mutually agreed that the jper co^jiia allow- 3584 ance to be given to the " Western Cherokees," or " Old Settlers,'" 3585 upon the princii)le above stated, shall be held in trust by the 3586 Government of the United States^ and paid out to each individ- 3587 ual belonging to that party or head of family, or his legal rep- 3588 resentatives. And it is further agreed that the per capita al- 3589 lowance to be paid as aforesaid shall not be assignable, but shall 3590 be paid directly to the persons entitled to it, or to his heirs or 3591 legal representatives, by the agent of the United States, au- 3592 thorized to make such payments. 83 3593 And it is farther agreed that a committee of five persons shall 3594: be appointed by the President of the United States, from the 3595 party of "Old Settlers," whose duty it shall be, in conjunction 3596 with an agent of the United States, to ascertain what persons 3597 are entitled to the per capita allowance pro\aded for in this and 3598 the preceding article. 3599 Akticle G. And whereas many of that portion of the Chero- 3600 kee people known and designated as the " Treaty Party " have 3601 suffered losses an d incurred expenses in consequence of the treaty 3602 of 1835 ; therefore, to indemnify the treaty party, the United 3603 States agree to pay to the said treaty party the sum of one 3604 hundred and fifteen thousand dollars, of which the sum of five 3605 thousand dollars shall be paid by the United States to the heirs 3006 or legal representatives of Major Eidge, the sum of five thou- 3607 sand dollars to the hejrs or legal representatives of John Eidge, 3608 and the sum of five thousand dollars to the heirs or legal repre- 3609 sentatives of Elias Boudinot, and the balance, being the sum of 3610 one hundred thousand dollars, which shall be paid by the United 3611 States, in^uch amounts and to such persons as maybe certified 3612 by a committee to be appointed by the treaty partj^, and which 3613 committee shall consist of not exceeding five persons, and ap- 3611 proved by an agent of the United States, to be entitled to re- 3615 ceive the same for losses and damages sustained by them, or by 3616 those of whom they are the heirs or legal representatives : Pro- 3617 vided, That out of the said balance of one hundred thousand 3618 dollars, the present delegation of the treaty party may receive 3619 the sum of twenty-five thousand dollars, to be by them applied 3620 to the payment of claims and other expenses. And it is further 3621 provided that, if the said sum of one hundred thousand dollars 3622 should not be sufficient to pay all the claims allowed for losses 3623 and damages, that then the same shall be paid to the said claim 3621 ants pro rata, and which payments shall be in full of all claims 3625 and losses of the said treaty party. 3626 Article 7. The value of all salines which were the private 3627 property of individuals of the Western Cherokees, and of which 3628 they were dispossessed, provided there be any such, shall be as- 3629 certained by the United States agent, and a commissioner to be 3630 appointed by the Cherokee authorites ; and, should they be un- 3631 able to agree, they shall select an umpire, whose decision shall 3632 be final, and the several amounts found due shall be i)aid by the 3633 Cherokee Nation, or the salines returned to their respective 3634 owners. 3635 Article 8. The United States agree to pay to the Chero- 3636 kee IsTation the sum of two thousand dollars for a printing-press, 3637 materials, and other property destroyed at that time ; the sum 3638 of five thousand dollars to be equally divided among all those 84 3639 wbose arms were taken from them previous to their removal 3640 West by order of an officer of the United States ; and the further 3641 sum of twenty thousand dollars, in lieu of all claims of the 3642 Cherokee !N"ation, as a nation, prior to the treaty of 1835, except 3643 all lands reserved, by treaties heretofore made, for school funds. 3644 Article 9. The United States agree to make a fair and 3645 just settlement of all moneys due to the Oherokees, and subject 3646 to the per capita division under the treaty of 29th December, 3647 1835, which said settlement shall exhibit all money properly ex- 3648 pended under said treaty, and shall embrace all sums paid for 3649 improvements, ferries, spoliations, removal, and subsistence, 3650 and commutation therefor, debts and claims upon the Cherokee 3651 Nation of Indians, for the additional quantity of land ceded to 3652 said nation ; and the several sums provided in the several ar- 3653 tides of the treaty, to be invested as the general funds of the 3654 nation ; and also all sums which may be hereafter properly al- 3655 lowed and paid under the provisions of the treaty of 1835. The 3656 aggregate of which said several sums shall be deducted from 3657 the sum of six millions six hundred and forty-seven thousand 3658 and sixty-seven dollars, and the balance thus found to be due 3659 shall be paid over, per capita, in equal amounts, to all those in- 3660 dividuals, heads of families, or their legal representatives, en- 3661 titled to receive the same under the treaty of 1835, and the sup- 3662 plement of 1836, being all those Cherokees residing east at the 3663 date of said treaty and the supplement thereto. 3664 Article 10. It is expressly agreed that nothing in the fore- 3665 going treaty contained shall be so construed as in any manner 3666 to take away or abridge any rights or claims which the Chero- 3667 kees now residing In States east of the Mississippi Eiver had, 3668 or may have, under the treaty of 1835 and the supplement 3669 thereto. 3670 Article 11. Whereas the Cherokee delegations contend 3671 that the amount expended for the one year's subsistence, after 3672 their arrival in the west, of the Eastern Cherokees, is not prop- 3673 erly chargeable to the treaty fund ; it is hereby agreed that that 3674 question shall be submitted to the Senate of the United States 3675 for its decision, which shall decide whether the subsistence shall 3676 be borne by the United States or the Cherokee funds, and if by 3677 the Cherokees, then to say whether the subsistence shall be 3678 charged at a greater rate than thirty-three ^-^g dollars per head ; 3679 and also the question, whether the Cherokee Nation sball be 3680 allowed interest on whatever sum may be found to be due the 3681 nation, and from what date and at what rate per aniuim. 3682 Article 12. {a.) The Western Cherokees, called " Old Set- 3683 tlers,"-in assenting to the general provisions of this treaty in 3684 behalf of their people, have expressed their fixed opinion that. 85 3685 ia making a settlement with them upon the basis herein estab- 3686 lished, the expenses incurred for the removal and subsistence of 3687 Cherokees, aftfer the twenty-third day of May, 1838, should not 3688 be charged upon the five millions of dollars allowed to the Cher- 3689 okees for their lands under the treaty of 1835, or on the fund 3690 provided by the third article of the supplement thereto ; and 3691 that no part of the spoliations, subsistence, or removal, pro- 3692 vided for by the several articles of said treaty and the supple- 3693 ment thereto, should be charged against them in their settlement 3694 for their interest in the Cherokee country east and west of the 3695 Mississippi Eiver. And the delegation of " Old Settlers," or 3696 " Western Oherokees," propose that the question shall be sub- 3697 mitted with this treaty to the decision of the Senate of the 3698 United States, of what portion, if any, of the expenditures made 3699 for removal, subsistence, and spoliations under the treaty of 3700 1835, is properly and legally chargeable to the five-million fund. 3701 And they will abide by the decison of the Senate. 3702 Aeticle 13. This treaty, after the same shall be ratified by 3703 the President and Senate of the United States, shall be obliga- 3704 tory on the contracting parties. 3705 Proclaimed August 17, 1846. 3706 Treaty beticeen the United States of America and the Cherolcee 3707 Nation of Indians^ concluded July 19, 1806 ; ratification advised, 3708 with amendments, July 27, 1866 ; amendments accepted July 31, 3709 1860. 3710 Andrew Johnson, President of the United States of America, 3711 to all and singular to whom these presents shall come greet- 3712 ing: 3713 Whereas a treaty was made and concluded at the city of 3714 Washington, in the District of Columbia, on the nineteenth day 3715 of July, in the year of Lord one thousand eight hundred and 3716 sixty-six, by and between Dennis N. Cooley and Elijah Sells, 3717 commissioners on the part of the United States, and Smith 3718 Christie, White Catcher, James McDaniel, S. H. Benge, Daniel 3719 H. Eoss, and J. B. Jones, delegates of the Cherokee Nation, 3720 appointed by resolution of the national council, on the part of 3721 said Cherokee Nation, which treaty is in the words and figures 3722 following, to wit : 3723 Articles of agreement and convention at the city of Washin gton, 3724 on the nineteenth day of July, in the year of our Lord one 3725 thousand eight hundred and sixty-six, between the United 3726 States, represented by Dennis N. Cooley, Commissioner of 3727 Indian Affairs, [and] Elijah Sells, superintendent of Indian 86 3728 affairs for the soutliern superintendency, and the Cherokee 3729 Nation of Indians, represented by its delegates, James Mc- 3730 Daniel, Smith Christie, White Catcher, S. H, Benge, J. B. 3731 Jones, and Daniel H. Eoss, John Boss, principal chief of 3732 the Cherokees, being too unwell to join in these negotia- 3733 tions. 3734 ■ PREAMBLE. 3735 Whereas existing treaties between the United States and 3736 the Cherokee Nation are deemed to be insuflQcient, the said con- 3737 tracting parties agree as follows, viz : 3738 Article 1. The pretended treaty made with the so-called 3739 Confederate States of the Cherokee Nation, on the seventh day 3740 of October, eighteen hundred and sixty-one, and repudiated by 3741 the national council of the Cherokee Nation on the eighteenth 3742 day of February, eighteen hundred and sixty-three, is hereby 3743 declared to be void. 3744 Article 2. Amnesty is hereby declared by the United States 3745 and the Cherokee Nation for all crimes and misdemeanors com- 3746 mitted by one Cherokee on the person or property of another 3747 Cherokee, or of a citizen of the United States, prior to the fourth 3748 day of July, eighteen hundred and sixty-six; and no right of 3749 action arising out of wrongs committed in aid or in the suppres- 3750 sion of the rebellion shall be prosecuted or maintained in the 3751 courts of the United States or in the courts of the Cherokee 3752 Nation. 3753 But the Cherokee Nation stipulate and agree to deliver up 3754 to the United States, or their duly authorized agent, any or all 3755 public property, particularly ordnance, ordnance stores, arms of 3756 all kinds, and quartermaster's stores, in their possession or con- 3757 trol, which belonged to the United States or the so-called Con- 3758 federate States, without any reservation. 3759 Article 3. The confiscation laws of the Cherokee Nation 3760 shall be repealed, and the same, and all sales of farms and im- 3761 provements on real estate, made or pretended to be made in 3762 pursuance thereof, are hereby agreed and declared to be null 3763 and void, and the former owners of such property so sold, their 3764 heirs or assigns, shall have the right peaceably to re-occupy 3765 their homes, and the purchaser under the confiscation laws, or 3766 his heirs or assigns, shall be repaid by the treasurer of the 3767 Cherokee Nation from the national funds the money paid for 3768 said property and the cost of permanent improvements on such 3769 real estate made thereon since the confiscation sale; the cost of 3770 such improvements.to be fixed by a commission, to be composed 3771 of one person designated by the Secretary of the Interior and 3772 one by the principal chief of the nation, which two may ap- 87 3773 point a third in cases of disagreement, which cost so fixed shall 3774 be refunded to the national treasurer by the returning Chero- 3775 kees within three years from the ratification hereof. 3776 Abticle 4. All the Cherokees and freed persons who were 3777 formerly slaves to any Cherokee, and all free negroes not hav- 3778 ing been such slaves, who resided in the Cherokee Nation prior 3779 to June first, eighteen hundred and sixty-one, who may within 3780 two years elect not to reside northeast of the Arkansas Eiver 3781 and southeast of Grand River, shall have the right to settle in 3782 and occupy the Canadian district southwest of the Arkansas 3783 River, and also all that tract of country lying northwest of 3784 Grand River, and bounded on the southeast by Grand River 3785 and west by the Creek reservation to the northeast corner 3786 thereof; from thence west on th^ north Hue of the Creek reser- 3787 vation to the ninety-sixth degree of west longitnde; and thence 3788 north on said line of longitude so far that a line due east to 3789 Grand River will include a quantity of land equal to one hun- 3790 dred and sixty acres for each iierson who may so elect to reside 3791 in the territory above-described in this article: Provided, That 3792 that part of said district north of the Arkansas River shall not 3793 be set apart until it shall be found that the Canadian district is 3794 not sufficiently large to allow one hundred and sixty acres to 3795 each person desiring to obtain settlement under the provisions 3796 of this article. 3797 * Article 5. The inhabitants electing to reside in the dis- 3798 triot described in the preceding article shall have the right to 3799 elect all their local of&cers and judges, and the number of dele- 3800 gates to which by their numbers they may be entitled in any 3801 general council to be established in the Indian Territory under 3802 the provisions of this treaty, as stated in Article XII, and to 3803 control all their local affairs, and to establish all necessary 3804 police regulations and rules for the administration of justice in 3805 said district, not inconsistent with the constitution of the Cher- 3806 okee Nation or the laws of the United States : Provided, The 3807 Cherokees residing in said district shall enjoy all the rights and 3808 privileges of other Cherokees who may elect to settle in said 3809 district as hereinbefore provided, and shall hold the same rights 3810 and privileges and be subject to the same liabilities as those who 3811 elect to settle in said district under the provisions of this 3812 treaty: Provided also, That if any such police regulations or 3813 rules be adopted which, in the opinion of the President, bear 3814 oppressively on any citizen of the nation, he may suspend the 3815 same. And all rules or regulations in said district, or in any 3816 other district of the nation, discriminating against the citizens 3817 of other districts, are prohibited, and shall be void. 3818 Article 6. The inhabitants of the said district hereiube- 88 3819 fore described shall be entitled to representation according to 3820 numbers in the national council, and all laws of the Cherokee 3821 Nation shall be uniform throughout said nation. And should 3822 any such law, either in its provisions or in the manner of its 3823 enforcement, in the opinion of the President of the United 3824 States, operate unjustly or injuriously in said district, he is 3825 hereby authorized and empowered to correct such evil, and to 3826 adopt the means necessary to secure the impartial administra- 3827 tion of justice, as well as a fair and equitable application and 3828 expenditure of the national funds as between the people of this 3829 and of every other district in said nation. 3830 Article 7. The United States court to be created in the 3831 Indian Territory ; and until such court is created therein, the 3832 United States district court, the nearest to the Cherokee Nation, 3833 shall have exclusive original jurisdiction of all causes, civil and 3834 criminal, wherein an inhabitant of the district hereinbefore de- 3835 scribed shall be a party, and where an inhabitant outside of 3836 said district, in the Cherokee Nation, shall be the other party, 3837 as plaintiff or defendant in a civil cause, or shall be defendant 3838 or prosecutor in a criminal case, and all process issued in said 3839 district by any ofiicer of the Cherokee Nation, to be executed 3840 on an inhabitant residing outside of said district, and all pro- 3841 cess issued by any officer of the Cherokee Nation outside of 3842 said district, to be executed on an inhabitant residing in said 3843 district, shall be to all intents and purposes null and void, un- 3844 less indorsed by the district judge for the district where such 3845 process is to be served, and said person, so arrested, shall be 3846 held in custody by the officer so arresting him, until he shall be 3817 delivered over to the United States marshal, or consent to be 3848 tried by the Cherokee court : Provided, That any or all the pro- 3849 visions of this treaty, which make any distinction in rights and 3850 remedies between the citizens of any district and the citizens of 3851 the rest of the nation, shall be abrogated whenever the Presi- 3852 dent shall have ascertained, by an election duly ordered by him, 3853 that a majority of the voters of such district desire them to be 3854 abrogated, and he shall have declared such abrogation : And 3855 provided further, That no law or regulation to be hereafter en- 3856 acted within said Cherokee Nation or any district thereof, pre- 3857 scribing a penalty for its violation, shall take effect or be en- 3858 forced until after ninety days from the date 'of its promulga- 3859 tion, either by publication in one or more newspapers of geu- 3800 eral circulation in said Cherokee Nation, or by posting up copies 3861 thereof in the Cherokee and English languages in each district .3862 where the same is to take effect, at the usual place of holding 3863 district courts. 3864 Aeticle 8. No license to trade in goods, wares, or mer- 89 3865 cbandise merchandise shall be granted bj' the TJuited States to 3866 trade in the Cherokee Nation, unless approved by the Cherokee 3867 national council, except in the Canadian district, and such other 3868 district north of Arkansas Eiver and west of Grand Eiver oc- 3869 cnpied by the so called southern Cherokees, as provided in Ar- 3870 tide 4 of this treaty. 3871 Article 9. The Cherokee Nation having, voluntarily, in 3872 February, eighteen hundred and sixty-three, by an act of their 3873 national council, forever abolished slavery, hereby covenant and 3874 agree that never hereafter shall either slavery or involuntary 3875 servitude exist in their nation otherwise than in the punishment 3876 of crime, whereof the party shall have been duly convicted, in 3877 accordance with laws applicable to all the members of said tribe 3878 alike. They further agree that all freedmen who have been 3379 liberated by voluntary act of their former owners or by law, 3880 as well as all free colored persons who were in the country at the 3881 commencement of the rebellion, and are now residents therein, 3882 or who may return within six months, and their descendants, 3883 shall have all the rights of native Cherokees : Provided, That 3884 owners of slaves so emancipated in the Cherokee Nation shall 3885 never receive any compensation or pay for the slaves so emanci- 3886 pated. 3887 Article 10. Every Cherokee and freed person resident in 3888 the Cherokee Nation shall have the right to sell any products of 3889 his farm, including his or her live stock, or any merchandise or 3890 manufactured products, and to ship and drive the same to market 3891 without restraint, paying any tax thereon which is now or may 3892 be levied by the United States on the quantity sold outside of 3893 the Indian Territory. 3894 Article 11. The Cherokee Nation hereby grant a right of 3895 way not exceeding two hundred _ feet wide, except at stations, 3896 switches, water-stations, or crossing of rivers, where more may 3897 be indispensable to the full enjoyment of the franchise herein 3898 granted, and then only two hundred additional feet shall be 3899 taken, and only for such length as may be absolutely necessary^ 3900 through all their lands, to any company or corporation which 3901 shall be duly authorized by Congress to construct a railroad 3902 from any point north to any part south, and from any point east . 3903 to any point west of, and which may pass through, the Cherokee 3904 Nation. Said company or corporation, and their employes and 3905 laborers, while constructing and repairing the same, and in 3906 operating said road or roads, including all necessary agents on 3907 the line, at stations, switchesi water-tanks, and all others neces- 3908 sary to the successful operation of a railroad, shall be protected 3909 in the discharge of their duties, and at all times subject to the 12 IT 90 3910 Indian intercourse laws, now or which may hereafter be enacted 3911 and be in force in the Cherokee Kation. 3912 Article 12. The Cherotees agree that a general council, 3913 consisting of delegates elected by each nation or tribe lawfully 3914 residing within the Indian Territory, may be annually convened 3915 in said Territory, which council shall be organized in such man- 3916 ner and possess such powers as hereinafter prescribed. 3917 First. After the ratification of this treaty, and as soon as 3918 may be deemed practicable by the Secretary of the Interior, and 3919 prior to the first session of said council, a census or enumeration 3920 of each tribe lawfully resident in said Territory shall be taken 3921 under the direction of the Commissioner of Indian Affairs, who 3922 for that purpose is hereby authorized to designate and appoint 3923 competent persons, whose compensation shall be fixed by the 3924 Secretary of the Interior, and paid by the United States. 3925 Second. The first general council shall consist of one mem- 3926 ber from each tribe, and an additional member for each one 3927 thousand Indians, or each fraction of a thousand greater than 3928 five hundred, being members of any tribe lawfully resident in 3929 said Territory, and shall be selected by said tribes respectively* 3930 who may assent to the establishment of said general council ; 3931 and if none should be thus formally selected by any nation or 3932 tribe so assenting, the said nation or tribe shall be represented 3933 in said general council by the chief or chiefs and headmen of 3934 said tribes, to be taken in the order of their rank as recognized 3935 in tribal usage, in the same number and proportion as above 3936 indicated. After the said census shall have been taken and 3937 completed, the supei'intendent of Indian affairs shall publish and 3938 declare to each tribe assenting to the establishment of such 3939 council the number of members of such council to which they 3940 shall be entitled under the provisions of this article, and the 3941 persons entitled to represent said tribes shall meet at such time 3942 and place as he shall approve ; but thereafter the time and place 3943 of the sessions of said council shall be determined by its action : 3944 Provided, That no session in any one year shall exceed the term 3945 of thirty days : And provided, That special sessions of said 3946 council may be called by the Secretary of the Interior whenever 3947 in his judgment the interest of said tribes shall require such 3948 special session. 3949 Third. Said general council shall have power to legislate 3950 upon matters pertaining to the intercourse and relations of the 3951 Indian tribes and nations and colonies of freedmen resident in 3952 said Territory; the arrest and extradition of criminals and offend- 3953 ers escaping from one tribe to another, or into any commuinty 3954 of freedmen J the administration of justice between members of 3955 different tribes of said Territory and persons other than Indians 91 £956 and members of said tribes or nations ; and the common defence 3957 and safety of the nations of said Territory. 3958 All laws enacted by such council shall take effect at such 3959 time as may therein be provided, unless suspended by direction 3960 of the President of the United States. No law shall be enacted 3961 inconsistent with the Constitution of the United States, or laws 3962, of Congress, or existing treaty stipulations with the United 3963 States. 'Not shall said council legislate upon matters other than 3964 those above indicated : Provided, however, That the legislative 3965 power of such general council may be enlarged by the consent 3966 of the national council of each nation or tribe assenting to its 3967 establishment, with the approval of the -President of the United 3968 States. 3969 Fourth.. Said council shall be presided over by such person 3970 as may be designated by the Secretary of the Interior. 3971 Fifth. The council shall elect a secretary, whose duty it 3972 shall be to keep an accurate record of all the proceedings of said 3973 council, and who shall transmit a true copy of all such proceed- 3974 ings, duly certified by the presiding ofiScer of such council, to 3975 the Secretary of the Interior, and 'to each tribe or nation repre. 3976 sented in said council, immediately after the sessions of said 3977 council shall terminate. He shall be paid out of the Treasury o^ 3978 the United States an annual salary of five hundred dollars. 3979 Sixth. The members of said council shall be paid by the 3980 United States the sum of four dollars per diem during the term 3981 actually in attendance on the sessions of said council, and at the 3982 rate of four dollars for every twenty miles necessarily travelled 3983 by them in going from and returning to their homes, respectively, 3984 from said council, to be certified by the secretary and president 3985 of the said council. 3986 Article 13. The Cherokees also agree that a court or courts 3987 may be established by the United States in said Territory, with 3988 such jurisdiction and organized in such manner as may be pre- 3989 scribed by law: Provided, That the judicial tribunals of the 3990 nation shall be allowed to retain exclusive jurisdiction in all ' 3991 civil and criminal cases arising within their country in which 3992 members of the nation, by nativity or adoption, shall be the 3993 only parties, or where the cause of action shall arise in the 3994 Cherokee Nation, except as otherwise provided in this treaty. 3995 Article 14. The right to the use and occupancy of a quan- 3996 tity of land not exceeding one hundred and sixty acres, to be se- 3997 lected according to legal subdivisions in one bodj', and to include 3998 their improvements, and not including the improvements of any 3999 member of the Cherokee Nation, is hereby granted to every so- 4000 ciety or denomination which has erected, or which with the con* 4001 sent of the national council may hereafter erect, buildings within 92 4002 the Cherokee country for missionary or edacational purposes. 4003 But no land thus gra.nted, nor buildings which have been or may 4004 be erected thereon, shall ever be sold or [ojtherwise disposed of 4005 except with the conseat and approval of the Cherokee national 4006 council and the Secretary of the In terior. And whenever 4007 any such lands or buildings shall be sold or disposed of, the pro- 4008 ceeds thereof shall be applied by said society or societies for 4009 like purposes within said nation, subject to the approval of the 4010 Secretary of the Interior. 4011 Article 15. The United States may settle any civilized 4012 Indians, friendly with the Cherokees and adjacent tribes, within 4013 the Cherokee country, on unoccupied lands east of 96°, on such 4014. terms as may be agreed upon by any such" tribe and the Chero- 4915 kees, subject to the approval of the President of the United 4016 States, which shall be consistent with the following provisions, 4017 viz : Should any such tribe or band of Indians settling in said 4018 country abandon their tribal organization, there being first paid 4019 into the Cherokee national fund a sum of money which shall 4020 sustain the same proportion to the then existing national fund 4031 that the number of Indians sustain to the whole number of .4022 Cherokees then residing in the Cherokee country, they shall be 4023 incorporated into and ever after remain a part of the Cherokee 4024 jSTation, on equal terms in every respect with native citizens^ 4025 And should any such tribe, thus settling in said country, decide 4026 to preserve their tribal organizations, and to maintain their 4027 tribal laws, customs, and usages, not inconsistent with the con- 4028 stitution and laws of the Cherokee Nation, they shall have a dis- 4029 trict of country set off for their use by metes and bounds equal 4030 to one hundred and sixty acres, if they should so decide, for 4031 each man, woman and child of said tribe, and shall pay for the 4032 same into the national fund such i^rice as may be agreed on by 4033 them and the Cherokee Nation, subject to the approval of the 4034 President of the United States, and in cases of disagreement 4035 the price to be fixed by the President. 4036 And the said tribe thus settled shall also pay into the 4037 national fund a sum of money, to be agreed on by the respective 4038 parties, not greater in proportion to the whole existing national 4039 fund and the probable proceeds of the lands herein ceded or au- 4040 thorized to be ceded or sold than their numbers bear to the 4041 whole number of Cherokees then residing in said country, aud 4042 thence afterwards they shall enjoy all the rights of native Cher- 4043 okees. But no Indians who have no tribal organizations, or 4044 who shall determine to abandon their tribal organizations, shall 4045 be permitted to settle east of the 96° of longitude without the ' 4040 consent of the Cherokee national council, or of a delegation 4047 duly appointed by it, being first obtained. And no Indians 93 4048 who have and determine to preserve their tribal organizations 4049 shall be permitted to settle, as herein provided, east of the 96° of 4050 longitude without such consent being first obtained, unless the 4051 President of the United States, after a full hearing of the ob- 4052 jections offered by said council or delegation to such settlement, 4053 shall determine that the objections are insufficient, in which 4054 case he may authorize the settlement of such tribe east of the 4055 960 of longitude. 4056 Article 16. The United States may settle friendly Indians 4057 in any part of the Cherokee country west of 96°, to be taken in 4058 a compact form in quantity not exceeding one hundred and 4059 sixty acres for each member of each of said tribes thus to be 4060 settled ; the boundaries of each of said districts to be distinctly 4061 , marked, and the land conveyed in fee-simple to each of said 4062 tribes to be held in common or by their members in severalty as 4063 the United States may decide. 4064 Said lands thus disposed of to be paid for to the Cherokee 4065 S'atidn at such price as may be agreed on between the said par- 4066 ties in interest, subject to the approval of the President; and 4067 if they should not agree, then the price to be fixed by the Pres- 4068 ident. 4069 The Cherokee Nation to retain the right of possession of 4070 and jurisdiction over all of said country west of 96° of longi- 4071 tude until thus sold and occupied, after which their jurisdiction 4072 and right Of possession to terminate forever as to each of said 4073 districts thus sold and occupied. 4074 Akticle 17. The Cherokee Nation hereby cedes, in trust to 4075 tbeUnited States, the tract of laud in the State of Kansas which 4076 was sold to the Cherokees by the United States, under the pro- 4077 visions of the second article of the treaty of 1835 ; and also 4078 that strip of the land ceded to the nation by the fourth article 4079 of said treaty which is included in the State of Kansas, and 4080 the Cherokees consent that said lands may be included in the 4081 limits and jurisdiction of the said State. 4082 The lands herein ceded shall be surveyed as the public lands 4083 of the United States are surveyed, under the direction of the 4084 Commissioner of the General Land-OfSce, and shall be appraised 4085 by two disinterested persons, one to be designated by the Cher- 4086 okee national council and one by the Secretary of the Interior, 4087 and, in case of disagreement, by a third person, to be mutually 4088 selected by the aforesaid appraisers. The appraisement to be 4089 not less than an average of one dollar and a quarter i)er acre, 4090 exclusive of improvements. 4091 And the Secretary of the Interior shall, from time to time, 4092 as such surveys and appraisements are approved by him, after 4093 due advertisements for sealed bids, sell such lands to the high- 94 4094 est bidders for cash, in parcels not exceeding one hundred and 4095 sixty acres, and at not less than the appraised value: Provided, 4096 That whenever there are improvements of the value of fifty dollars 4097 made on the lands not being mineral, and owned aijd personally 4098 occupied by any person for agricultural purposes at the date of 4099 the signing hereof, such person so owning, and in person resid- 4100 ing on such improvements, shall, after due proof, made under 4101 such regulations as the Secretary of the Interior may prescribe, 4102 be entitled to buy, at the appraised value, the smallest quantity of 4103 land in legal subdivisions, which will include his improvements, 4104. not exceeding in the aggregate one hundred and sixty acres ; the 4105 expenses of survey and appraisement to be paid by the Secre- 4100 tary out of the proceeds of sale of said land: Provided, That 4107 nothing in this article shall prevent the Secretary of the Interior 4108 from selling the whole of said lands not occcupied by actual set- 4109 tiers at the date of the ratification of this treaty, not exceeding 4110 one hundred and sixty acres to each person entitled topre-emp- 4111 tion under the pre-emption laws of the United States, in a body, 4112 to any responsible party, for cash, for a sum not less than one 4113 dollar per acre. 4114 Article 18. That any lands owned by the Cherokees in the 4115 State of Arkansas, and in States east of the Mississippi, may 4116 be sold by the Cherokee Nation in such manner as their national 4117 council may prescribe, all such sales being first approved by the 4118 Secretary of the Interior. 4119 Article 19. All Cherokees being heads of families residing 4120 at the date of the ratification of this treaty on any of the lands 4121 herein ceded, or authorized to be sold, and desiring to remove to 4122 the reserved country, shall be paid by the purchasers of said 4123 lands the value of such improvements, to be ascertained and 4124 appraised by the commissioners who appraise the lands, subject 4125 to the approval of the Secretary of the Interior ; and if he shall 4126 elect to remain on the land now occupied by him, shall be enti- 4127 tied to receive a patent from the United States in fee-simple for 4128 three hundred and twenty acres of land, to include his improve- 4129 ments, and thereupon he and his family shall cease to be mem- 4130 bers of the nation. 4131 And the Secretary of the Interior shall also be authorized 4132 to pay the reasonable costs and expenses of the delegates of the 4133 southern Cherokees. 4134 The moneys to be paid under this article shall be paid out 4135 of the proceeds of the sales of the national lands in Kansas. . 4136 Article 20. "Whenever the Cherokee national council shall 4137 request it, the Secretary of the Interior shall cause the country 4138 reserved for the Cherokees to be surveyed and allotted among 4139 them, at the expense of the United States. 95 4140 Article 21. It being difficult to learn the precise boundary 4141 line between the Cherokee country and the States of Arkansas, 4142 Missouri, and Kansas, it is agreed that the United States shall, 4143 at its own expense, cause the same to be run as far west as the 4144 Arkansas, and marked by permanent and conspicuous monu- 4145 ments, by two commissioners, one of whom shall be designated 4146 by the Cherokee national council. 4147 Article 22. The Cherokee national council, or any duly 4148 appointed delegation thereof, shall have the privilege to appoint 4149 an agent to examine the accounts of the nation with the 4150 Government of the United States, at such time as they may 4151 see proper, and to continue or discharge such agent, and to ap- 4152 point another, as may be thought best by such council or dele- 4153 gation; and such agent shall have free access to all accounts 4154 and books in the executive departments relating to the business 4155 of said Cherokee Nation, and an opportunity to examine the 4156 same in the presence of the officer having such books and pa- 4157 pers in charge. 4}58 Article 23. All fnnds now due the nation, or that may 4159 hereafter accrue froan the sale of their lands by the United 4160 States, as hereinbefore provided for, shall be invested in the 4101 United States registered stocks at their current value, and the 4162 interest on all said funds shall be paid semi-annually, on the 4163 order of the Cherokee Nation, and shall be applied to the fol- 4164 lowing purposes, to wit : Thirty-five per cent, shall be applied 4165 for the support of the common-schools of the nation and educa- 4166 tional purposes; fifteen per cent, for the orphan fund, and fifty 4167 per cent, for general purposes, including reasonable salaries of 4168 district officers; andthe Secretary of the Interior, with the ap- 4109 ■ proval of the President of the United- States, may pay out of 4170 the funds due the nation, on the order of the national council 4171 or a delegation duly authorized by it, such amount as he may 4172 deem necessary to meet outstanding obligations of the Cherokee 4173 Nation, caused by the suspension of the payment of their annu- 4174 ities, not to exceed the sum of one hundred and fifty thousand 4175 dollars. 4176 Article 24. As a slight testimony for the useful and ardu- 4177 ous services of the Eev. Evan Jones, for forty years a mission- 4178 ary in the Cherokee Nation, now a cripple, old and poor, it is 4179 agreed that the sum of three thousand dollars be paid to him, 4180 under the direction of the Secretary of the Interior, out of any 4181 Cherokee fund in or to come into his hands not otherwise appro- 4182 priated. 4183 Articl-e 25. A large number of the Cherokees who served 4184 in the Army of the United States having died, leaving no heirs 4185 entitled to receive bounties and arrears of pay on account of 96 4186 such service, it is agreed that all bonnties and arrears for ser- 4187 vice in the regiments of Indian United States volunteers which 4188 shall remain unclaimed by any person legally entitled to receive 4189 the same for two years from the ratification of this treaty, shall 4190 be paid as the national council may direct, to be applied to the 4191 foundation and support of an asylum for the education of orphan 4192 children, which asylum shall be under the control of the national 4193 council, or of such benevolent society as said council may desig- 4194 nate, subject to the approval of the Secretary of the Interior. 4195. Article 26. Tbe United States guarantee to the people of 4196 the Cherokee Nation the quiet and peaceable possession of their 4197 country and protection against domestic feuds and insurrec- 4198 tions, and against hostilities of other tribes. They shall also 4199 be protected against inter[r]uptions or intrusion from all un- 4200 authorize'd citizens of the United States who may attempt 4201 to settle on their lands or reside in their territory. In case of 4202 hostilities among the Indian tribes, the United States agree that 4203 the party or parties commencing IJtie same shall, so far as prac- 4204 ticable, make reparation for the damages done. 4205 Article 27. The United States shall have the right to es- 4206 tablish one or more military posts or stations in the Cherokee 4207 Nation, as may be deemed necessary for the proper protection 4208 of the citizens of the United States lawfully residing therein and 4209 the Cherokees and other citizens of the Indian country. But 4210 no sutler or other person connected therewith, either in or oat 4211 of the military organization, shall be permitted to introduce any 4212 spirit[u]ous, vinous, or malt liquors into the Cherokee Nation, 4213 except the medical department proper, and by them only for 4214 strictly medical purposes. And all persons not in the military 4215 service of the United States, not citizens of the Cherokee Nation, 4216 are to be prohibited from coming into the Cherokee Nation, or 4217 remaining in the same, except as herein otherwise provided; 4218 and it is the duty of the United States Indian agent for the 4219 Cherokees to have such persons, not lawfully residing or sojourn- 4220 ing therein, removed from the nation, as they now are, or here- 4221 after may be, required by the Indian intercourse laws of the 4222 United States. 4223 Article 28. The United States hereby agree to pay for 4224 provisions and clothing furnished the army under Appothole- 4225 hala in the winter of 1861 and 1862, not to exceed the sum of 4226 ten thousand dollars, the accounts to be ascertained and settled 4227 by the Secretary of the Interior. 4228 Article 29. The sum of ten thousand dollars, or so much 4229 thereof as may be necessary to pay the expenses of the dele- 4230 gates and representatives of the Cherokees invited by the Grov- 4231 ernment to visit Washington for the purposes of making this 97 4232 treaty, shall be paid by the United States on the ratification of 4233 this treaty. 4234 Article 30. The United States agree to pay to the proper 4235 claimants all losses of property by missionaries or missionary 4236 societies, resulting from their being ordered or driven from the 4237 country by United States agents, and from their property being 4238 taken and occupied or destroyed by hy United States troops, not 4239 exceeding in the aggregate twenty thousand dollars, to be ascer- 4240 tained by the Secretary of the Interior. 4241 A.ETICLB 31. All provisions of treaties heretofore ratified 4242 and in force, and not inconsistent -with the provisions of this 4243 treaty, are hereby re-affirmed and declared to be in full force ; 4244 and^ nothing herein shall be construed as an acknowledgment 4245 by the United States, or as a relinquishment by the Cherokee 4246 Nation of any claims or demands under the guarantees of former 4247 treaties, except as herein expressly provided. 4248 Proclaimed July 10, 1866. 4249 Supplemental article to the treaty of July 19, 1866, between the 4250 United States of America and the Cherokee Nation of Indians, 4251 concluded April 27,1868; ratifications advised Jun:e 6,1868; 4252 proclaimed June 10, 1868. 4253 x\NDREW Johnson, President of the United States of America, 4254 to all and singular to whom these presents shall come, 4255 greeting: 4256 Whereas to a treaty concluded at the city of Washington, 4257 in the District of Columbia, on the nineteenth day of July, In 4258 the year of our Lord one thousand eight hundred and sixty-six, 4259 between the United States of America and the Cherokee Nation 4260 of Indians, through their respective representatives, a supple- 4261 mental article was made and concluded at the city of Washing- 4262 ton, in the District of Columbia, on the twenty-seventh day of 4263 April, in the year of our Lord one thousand eight hundred and 4264 sixty-eight, by and between Nathaniel C Taylor, commissioner, 4265 on the part of the United States, and Lewis Downing, H. D. 4266 Keese, Samuel Smith, Wm. P. Adair, J. P. Davis, Elias 0. Bou- 4267 dinot, J. A. Scales, and Arch. Scraper, delegates of the said 4268 Cherokee Nation of Indians, on the part of said Indians, and 4269 duly authorized thereto by them, which supplemental article of 4270 treaty is in the words and figures following, to wit: 4271 Supplemental article to a treaty concluded at Washington City, 4272 July 19th, A. D. 1866 ; ratified with amendments July 27th, 4273 A. D. 1866; amendments accepted July 31st, A. D. 1866 j 4274 and the whole proclaimed August 11th, A. D. 1866, between 13 I T 98 4275 the United States of America aud the Cherokee Nation of 4276 Indians. 4277 Whereas under the provisions of the seventeenth article of 4278 a treaty and amendments thereto made between the United 4279 States and the Cherokee Nation of Indians, and proclaimed 4280 August 11th, A. D. 1866, a contract was made and entered into 4281 by James Harlan, Secretary of the Interior, on behalf of the 4282 United States, of the one part, and by the American Emigrant 4283 Company, a corporation chartered and existing under the laws 4284 of the State of Connecticut, of the other part, dated August 4285 30th, A. D. 1866, for the sale of the so-called " Cherokee neu- 4286 tral lands,'" in the State of Kansas, containing eight hundred 4287 ■ thousand acres, more or less, with the limitations and restric- 4288 tions set forth in the said seventeenth article of said treaty as 4289 amended, on the terms and conditions therein mentioned, which 4290 contract is now on file in the Department of the Interior ; and 4291 Whereas Orville H. Browning, Secretary of the Interior, 4292 regarding said sale as illegal and not in conformity with 4293 said treaty and amendments thereto, did, on the ninth day of 4294 October, A. D. 1867, for and in behalf of the United States, 4295 enter into a contract with James F. Joy, of the city of Detroit, 4296 Michigan, for the sale of the aforesaid lands on the terms and 4297 conditions in said contract set forth, and which is on file in the 4298 Department of .the Interior ; and 4299 Whereas, for the purpose of enabling the Secretary of the 4300 Interior, as trustee for the Cherokee Nation of Indians, to 4301 collect the proceeds of sales of said lands and invest the same 4302 for the benefit of said Indians, and for the purpose of prevent- 4303 ing litigation and of harmonizing the conflicting interests of the 4304 said American Emigrant Company and of the said James F. 4305 Joy, it is the desire of all the parties in interest that the said 4306 American Emigrant Company shall assign their said contract and 4307 all their right, title, claim, and interest in and to the said " Cher- 4308 okee neutral lands" to the said James F. Joy, and that the said 4309 Joy shall assume and conform to all the obligations of said com- 4310 pany under their said contract, as hereinafter modified : 4311 ' It is, therefore, agreed, by and between Nathaniel G. Taylor, 4312 commissioner on the part of the United States of America, and 4313 Lewis Downing, H. D. Eeese, Wm. P. Adair, Elias C. Boudinot, 4314 J. A. Scales, Archie Scraper, J. Porum Davis, and Samuel Smith, 4315 commissioners on the part of the Cherokee Nation of Indians, 4316 that an assignment of the contract made and entered into on the 4317 30th day of August, A. D. 1866, by and between James Harlan, 4318 Secretary of the Interior, for and in behalf of the United States 4319 of America, of the one part, and the American Emigrant Com- 4320 pany, a corporation chartered and existing under the laws of the 99 4321 State of Connecticut, of the other part, and now on file in the 4322 Department of the Interior, to James P. Joy, of the city of De- 4323 troit, Michigan, shall be made ; and that said contract, as herein 4324 after modified, be and the same is hereby, with the consent of 4325 all parties, re-affirmed and declared valid ; and that the contracf 4326 entered into by and between Orville H. Browning, for and in 432? behalf of the United States, of the one part, and James F. Joy, 4328 of the city of Detroit, Michigan, of the other part, on the 9th 4329 day of October, A. D. 1867, and now on file in the Department 4330 of the Interior, shall be relinquished and cancelled by the said 4331 James P. Joy, or his duly authorized agent or attorney ; and the 4332 said first contract as hereinafter modified, and the assignment 4333 of the first contract, and the relinquishment of the second con- 4334 tract, are hereby ratified and confirmed, whenever said assign- 4335 ment of the first contract and the relinquishment of the second 4336 shall be entered of record in the Department of the Interior, and 4337 when the said James P. Joy shall have accepted said assignment 4338 and shall have entered into a contract with the Secretary of the 4339 Interior to assume and perform all obligations of the said 4340 American Emigrant Company under said first-named contract, 4341 as hereinafter- modified. 4342 The modifications hereinbefore mentioned of said contract 4343 are hereby declared to be — 4344 1. That within ten days from the ratification of this supple- 4345 mental article the sum of seventy-five thousand dollars shall be 4346 paid to the Secretary of the Interior as trustee for the Cherokee 4347 Juration of Indians. 4348 2. That the other deferred payments specified in said con- 4349 tract shall be paid when they respectively fall due, with interest 4350 only from the date of the ratification hereof. 4351 It is further agreed and distinctly understood that, under 4352 the conveyance of the " Cherokee neutral lands " to the said 4353 American Emigrant Company, " with all beneficial interests 4354 therein," as set forth iu said contract, the said company and 4355 their assignees shall take only the residue of said lands after 4356 securing to " actual settlers" the lands to which they are entitled 4357 under the provisions of the seventeenth article and amendments 4358 thereto of the said Cherokee treaty of August 11th, 1866 ; and 4359 that the proceeds of the sales of said lauds, so occupied at the 4360 date of said treaty by " actual settlers," shall enure to the sole 4361 benefit of, and be retained by, the Secretary of the Interior as 4362 trustee for the said Cherokee Nation of Indians. 4303 Proclaimed April 27, 1868. 100 4364 CREEKS. 4365 A treaty of peace and friendship, made and, concluded between the 4366 President of the United States of America, on the part and he- 4367 half of the said States, and the undersigned Kings, Chiefs, and 4368 Warriors of the Greek Ifation, of Indians, on the part and behalf 4369 of the said Nation. 4370 The parties being desirous of establishing permanent peace 4371 and friendship between the United States and the sail Creek 4372 Nation, and the citizens and members thereof, and to remove the 4373 causes of war by ascertaining their limits, and making other 4374 necessary, just, and friendly arrangements: the President of the 4375 United States, by Henry Knox, Secretary for the Department of 4376 War, whom he hath constituted with full powers for these pur- 4377 poses, by and with the advice and consent of the Senate of the 4378 United States, and the Creek Nation, by the undersigned Kings, 4379 Chiefs, and Warriors, representing the said nation, have agreed 4380 to the following articles. 4381 Article 4. * * * the United States will cause the sum 4382 of one thousand and five hundred dollars to be paid annually to 4383 the said Creek Nation. 4384 Proclaimed August 13, 1790. 4385 N. B. The other portions of this treaty are suppressed by 4386 that of August 7, 1856. (See page 113.) 4387 A treaty of limits between the United States of America and the 4388 Creek Nation of Indians. 4389 Thomas Jefferson, President of the United States of Amer- 4390 ica, by James Wilkinson, of the State of Maryland, Brigadier-Gen- 4391 eral in the Army of the United States, Benjamin Hawkins, of North 4392 Carolina, and Andre w Pickens, of South Carolina, Commissioners 4393 Plenipotentiary of the United States, on the one part, and the 4394 Kings, Chiefs, Head-Men and Warriors of the Creek Nation, in 4395 council assembled, on the other part, have entered into the fol- 4396 lowing articles and conditions, viz : 4397 Article 2. TheCommissionersoftheUnitedStates,forandin 4398 consideration of the foregoing concession on the part of the Creek 4399 Nation, and in full satisfaction for the same, do hereby covenant 4400 and agree with the said nation, in behalf of the United States, 4401 that the said States shall pay to the said nation, annually, and 4402 every year, the sum of three thousand dollars. # # * 4403 Proclaimed January 11, 1803. 4404 N. B. The other portions of this treaty are superseded by that 4405 of August 7, 1856. (See page 113.) 101 4406 Articles of a treaty made at the City of Washington, this twenty- 4407 fourth day of January, one thousand eight hundred and twenty- 4408 six, between James Barhour, Secretary of War, thereto specially 4409 authorised by the President of the United States, and the under- 4410 signed. Chiefs andSead-Men of the Greek Nation of Indians, who 4411 have received full 'power fromthesaidnatlonto concludeand ar- 4412 ran^e all the matters herein provided for. 4413 Article 4, The United States agree to paj- to the said nation 4414 an additional perpetual annuity of twenty thousand dollars. 4415 Proclaimed January 24, 1826, 4416 N. B. The other portions of this treaty are superseded by 4417 that of August 7, 1856. (See page 113.) 4418 Articles of a treaty made at the City of Washington beticeen Lewis 4419 Cass, thereto specially authorized by the President of the United 4420 States, and the Creek tribe of Indians. 4421 Akticle 1. The Oreek tribe of Indians cede to the United 4422 States all their land east of the Mississippi Kiver. 4423 Article 2. The United States engage to survey the saidland 4424 as soon as the same can be conveniently done, after the ratifica- 4425 tion of this treaty, and when the same is surveyed to allow ninety 4426 principal chiefs of the Creek tribe to select one section each, and 4427 every other head of a Oreek family to select one-half section each, 4428 which tracts shall be reserved from sale for their use for the term 4429 of five years, unless sooner disposed of by them. A census of 4430 these persons shall be taken under the direction of the President, 4431 and the selections shall be made so as to include the improve- 4432 ments of each person within his selection, if the same can be so 4433 made, and if not, then all the persons belonging to the same town , 4434 entitled -to selections, and who cannot make the same, so as to 4435 include their improvements, shall take them in one body in a 4436 proper form. And twenty sections shall be selected, under the 4437 direction of the President, for the orphan children of the Greeks, 4438 and divided, and retained or sold for their benefit as the Presi- 4439 dent may direct. Provided, however, that no selections or loca- 4440 tions under this treaty shall be so made as to include the agency 4441 reserve. 4442 Article 3. These tracts may be conveyed by the persons 4443 selecting the same to any other persons for a fair consideration, 4444 in such maimer as the President may direct. The contract shall 4445 be certified by some person appointed for that purpose by the 4446 President, but shall not be valid till the President approves the 4447 same. A title shall be given by the United States on the com- 4448 pletion of the payment. 102 4449 Akticle 4. At the end of five years, all the Greeks entitled 4450 to these selections, and desirous of remaining, shall receive pat- 4451 ents therefor, in fee-simple, from the United States. 4452 Article 13. There shall also be given to each emigrating 4453 warrior a rifle, moulds, wiper, and ammunition, and to each 4454 family one blanket. Three thousand dollars, to be expended as 4455 the President may direct, shall be allowed for the term of twenty 445C years for teaching their children. As soon as half their people 4457 emigrate, one blacksmith shall be allowed them, and another 4458 when two-thirds emigrate, together with one ton of iron and two 4459 hundred weight of steel annually for each blacksmith. These 4460 blacksmiths shall be supported for twenty years. 4461 Aeticle 14. The Creek country west of the Mississippi shall 4462 be solemnly guarantied to the Creek Indians, nor shall any State 4463 or Territory ever- have a right to pass laws for the government 4464 of such Indians, but they shall be allowed to govern themselves, 4465 so far as may be compatible with the general jurisdiction which 4466 Congress may think proper to exercise over them. And the 4467 United States will also defend them from the unjust hostilities 4468 of other Indians, and will also, as soon as the boundaries of the 4469 Creek country west of the Mississippi are ascertained, cause a 4470 patent or grant to be executed to the Creek tribe, agreeably to 4471 the 3d section of the act of Congress of May 2d, [28,] 1830, eu- 4472 titled "An act to provide for an exchange of lands with the In- 4473 dians residing in any of the States or Territories, and for their 4474 removal west of the Mississippi.*' 4475 Proclaimed April 4, 1832. 4476 N. B. — The other portions of this treaty are superseded by 4477 that of August 7, 1856. (See page 113.) 4478 Articles of agreement and convention made and concluded at Fort 4479 Gibson, between Monffort Stolces, Henry L. Ullstwrth, and 4480 John F. Schermerhorn, commissioners on the part of the 4481 United States, and the undersigned chiefs and head-men of the 4482 Muslwgee or Creek Nation of Indians, this lith day of Febrii- 4483 ary, A. D. 1833. 4484 Article 2. The United States hereby agree, by and with 4485 the consent of the Creek and Cherokee delegates, this day ob- 4486 . tained, that the Muskogee or Creek country west of the Missis- 4487 sippi, shall be embraced within the following boundaries, viz : 4488 Beginning at the mouth of the north fork of the Canadian Eiver, 4489 and run northerly four miles ; thence running a straight line so 4490 as to meet a line drawn from the south bank of the Arkansas 4491 Eiver, opposite to the east or lower bank of Grand Eiver, at its 4492 junction with the Arkansas, and which runs a course south, 44 103 4493 deg. west, oue mile, to a post placed ia the ground; thence 4494 along said line to the Arkansas, and up the same and the^Verdi- 4495 gris Eiver, to where the old territorial line crosses it ; thence 4496 along said line north to a point twenty-five miles from the Ar- 4497 kansas Eiver, where the old territorial line crosses the same ; 4498 thence running a line at right angles with the territorial line 4499 aforesaid, or west, to the Mexico line ; thence along the said line 4500 southerly to the Canadian Eiver, or to the boundary of the Ohoc- 4501 taw country ; thence down said river to the place of beginning. 4502 The lines, hereby defining the country of the Muskogee Indians 4503 on the north and east, bound the country of the Cherokees along , 4504 these courses, as settled by the treaty concluded this day be- 4505 tween the United States and that tribe. 4506 Article 3. The United States will grant a patent, in fee- 4507 simple, to the Creek Nation of Indians for the land assigned 4508 said nation by this treaty or convention, whenever the same 4509 shall have been ratified by the President and Senate of the United 4510 States ; and the right thus guaranteed by the United States 4511 shall be continued to said tribe of Indians, so long as they shall 4512 exist as a nation, and continue to occupy the country hereby 4513 assigned them. 4514 Article 5. Asauevidenceof the kind feeling of the United 4515 States toward the Mtiscogee Indians, and as a testimonial of the 4516 I their] gratification with the present amicable and satisfactory 4517 adjustment of their difficulties with the Cherokees, experienced 4518 by the com missioners, they agree, on behalf of the United States, 4519 to furnish to the Creek Indians, west of the Mississippi, one 4520 blacksmith and one wheelwright or wagon-maker, as soon as 4521 they may be required by the nation, in addition to those already 4522 employed ; also to erect shops and furnish tools for the same, 4523 and supply the smith-shops with one ton of iron and two hundred. 4524 and fifty pounds of steel each ; and allow the said Creek Indians 4525 annually, for education purposes, the sum of one thousand dol- 4526 lars, to be expended under the direction of the President of the 4527 United States ; the whole of the above grants to be continued 4528 so long as the President may consider them conducive to the 4529 interest and welfare of the Creek Indians ; and the United 4530 States will also cause to be erected, as soon as conveniently can 4531 be done, four patent railway mills for grinding corn, and will im- .4532 mediately purchase for them twenty-four cross-cut saws ; it be- 4533 ing distinctly understood, however, that the grants thus made 4534 to the Creek Indians by this article are fntenij^d solely for 4535 the use and benefit of that portion of the Creek Nation who are 4536 now settled west of the Mississippi. 4537 Proclaimed April 12, 1834. 4538 N. B. — The other portions of this treaty are superseded by 4539 that of 7 August, 1856. (See page 113.) 104 4540 Articles of a treaty made and cDtioluded at Fort Oibson, west of 4541 , Arkansas, between Captain William Armstrong, act. super- 4542 intendent Western Territory, and Bret. Brig. Gen. ArbucJcle, 4543 commissioners on the part of the United States and the un- 4544 der signed chiefs, beingafuU delegation of the Creeic chiefs duly 4545 authorized and empowered by their nation to adjust " their 4546 claims for property and improvements abandoned or lost in 4547 consequence of their emigration west of the Mississippi.^^ 4548 Article 4. * * #, * Itis further agreed that all the edu- 4549 cation funds of the Creeks, including the annuities above named, 4550 the annual allowance of one thousand dollars provided in the 4551 treaty of 1833, and also all balances t)f appropriations, for edu- 4552 cation annuities that may be due from the United States, shall 4553 be expended in their own country for the support of a manual- 4554 labor school in the Canadian district, and of another in the Ar- 4555 kansas district : Provided, . That the President does not object to 4556 such application of the annuities above named, granted in the 4557 treaties of 1832 and 1833. And it is also agreed that in the 4558 management of such school the wishes of the Creek council 4559 shall be consulted, (a) 4560 Proclaimed March 2, 1839. 4561 K. B. — The other portions of ttis treaty are superseded by 4562 that of August 7, 1856. (See page 113.) 4563 Feanklin Piekce, President of the United States of America, 4564 to all persons to whom these presents shall come, greeting : 4565 Whereas a treaty was made and concluded at the city of 4506 Washington, on the seventh day of August, eighteen hundred 4507 and fifty-six, between George W. Manypenny, commissioner on 4568 the part of the United States, Tuck-a-batchee-Micco, Echo- 4569 Harjo, Chilly Mcintosh, Benjamin Marshall, George W. Stid- 4570 ham, and Daniel N. Mcintosh, commissioners on the part 4571 of the Creeks ; and John Jumper, Tuste-nuc-o-chee, Pars-cofer, 4572 and James Factor, commissioners on the part of the Seminoles, 4573 which treaty is in the words and figures following, viz : 4574 Articles of agreement and convention between the United States 4575 and the Creek and Seminole Tribes of Indians, made and 4570 concluded at the city of Washington the seventh day of Au- 4577 gust, one thousand eight hundred and fifty-six, by George 4578 W. Manypenny, commissioner on the part of the United 4579 S|tates,*ruck-a-batchee-Micco, Echo-Harjo, Chilly Mcintosh, 4580 Benjamin Marshall, George W. Stidham, and Daniel N. Mc- 4581 Intosh, commissioners on the part of the Creeks ; and John 4582 Jumper, Tuste-nuc-o-chee, Pars-co-fer, and James Factor, 4583 commissioners on the part of the Seminoles. 105 4584: Whereas the convention heretofore existing between the 4585 Creek and Seminole tribes of Indians west of the Mississippi 4586 Eiver has given rise to unhappy and injurious dissensions and 4587 controversies among them, which render necessary a re-adjust- 4588 ment of their relations to each other and to the United States; 4589 and 4590 Whereas the United States desire, by providing the Semi- 4591 noles remaining in Florida with a comfortable home west of the 4592 Mississippi Eiver, and by making a liberal and generous pro- 4593 vision for their welfare, to induce them to emigrate and become 4594 one people with their brethren already west, and also to afford 4595 to .all the Serainoles the means of education and civilization, and 4596 the blessings of a regular civil government ; and 4597 Whereas the Creek Nation and individuals thereof have, by 4598 their delegation, brought forward and persistently urged various 4599 claims against the United States, which it is desirable shall be 4600 finally adjusted and settled ; and 4601 Whereas it is necessary, for the simplification and better 4602 understanding of the relations between the United States and 4603 said Creek and Seminole tribes of Indians, that all their sub- 4604 sisting treaty stipulations shall, as far as practicable, be em- 4603 bodied in one comprehensive instrument: 4606 Now, therefore, the United States, by their commissioner, 4607 George W. Manypenny, the Creek tribe of Indians, by their 4608 commissioners, Tuck-a-batchee-Micco, Echo-Harjo, Chilly Mc- 4609 lutosh, Benjamin Marshall, George W. Stidham, and Daniel N. 4610 Mcintosh; and the Seminole tribe of Indians, by their commis- 4611 sioners, John Jumper, Tuste-nuc-o-chee, Pars-co-fer, and James 4612 Factor, do hereby agree and stipulate as follows, viz : 4613 Article 1. The Creek Nation doth hereby grant, cede, and 4614 convey to the Seminole Indians the tract of country included 4615 -within the following boundaries, viz : beginning on the Canadian 4616 River, a few miles east of the ninety-seventh parallel of west 4617 longitude, where Ock-hi-appo, or Pond. Creek, empties into the 4618 same ; thence, due north to the nortS fork of the Canadian ; 4619 thence up said north fork of the Canadian to the southern line 4620 of the Cherokee country; thence, with that line, west, to the 4621 one hundredth parallel of west longitude; thence, south along 4622 said parallel of longitude to the Canadian Eiver, and thence 4623 down and with that river to the place of beginning. 4624 Article 2. The following shall constitute and remain the 4625 boundaries of the Creek country, viz : beginning sit the mouth 4626 of the north fork of the Canadian Eiver, and running northerly 4627 four miles; thence running a straight line so as to meet a line 4628 drawn from the south bank of the Arkansas Eiver, opposite to 4629 the east or lower bank of Grand Eiver, at its junction with the 14 I T 106 4630 Arkansas, and which runs a course south, forty-four degrees 4631 west, one mile, to a post placed in the ground ; thence along 4632 said line to the Arkansas and up the same and the Yerdigris 4633 River, to where the old territorial line crosses it; thence along said 4634 line", north, to a point twenty-five miles from the Arkansas Eiver, 4635 where the old territorial line crosses the same ; thence running 4636 west with the southern line of the Cherokee country, to the 4637 north fork of the Canadian River, where the boundary of the 4638 cession to the Seminoles defined in the preceding article first 4639 strikes said Cherokee line; thence down said north fork, to 4640 where the eastern boundary -line of the said cession to the Semi- 4641 noles strikes the same ; thence, with that line, due south to the 4642 Canadian Eiver, at the mouth of the Ock-hi-appo, or Pond 4643 Creek ; and thence down said Canadian River to the place of 4644 beginning. 4645 Aeticle 3. The United States do hereby solemnly guaran- 4646 tee to the Seminole Indians the tract of country ceded to them 4647 by the first article of this convention ;- and to the Creek Indians, 4648 the lands included within the boundaries defined iu the second 4649 article hereof; and likewise that the same shall respectively be 4050 secured to and held by said Indians by the same title and tenure 4651 by which they were guaranteed and secured to the Creek Nation 4052 by the fourteenth article of the treaty of March twenty-fourth, 4653 eighteen hundred and thirty-two, the third article of the treaty 4054 of February fourteenth, eighteen hundred and thirty-three, and 4055 by the letters-patent issued to the said Creek Nation, on the 4656 eleventh day of August, eighteen hundred and fifty-two, and re- 4657 corded in volume four of records of Indian deeds in the OfiBce of 4658 Indian Affairs, pages 446 and 447 : Provided, however, That no 4659 part of the tract of country so ceded to the Seminole Indians 4600 shall ever be sold, or otherwise disposed of without the consent 4661 of both tribes legally given. 4662 Article 4. The United States do hereby solemnly agree 4663 and bind themselves, that no State or Territory shall ever pass 4664 laws for the government of the Creek or Seminole tribes of In- 4005 dians, and that no portion of either of the tracts of country de- 4666 fined in the first and second articles of this agreement shall ever 4667 be embraced or included within, or annexed to, any Territory or 4668 State, nor shall either, or any part of either, ever be erected 4669 into a Territory without the full and free consent of the legisla- 4670 tive authority of the tribe owning the same". 4671 Article 5. The Creek Indians do hereby absolutely and 4672. forever quit-claim and relinquish to the United States all their 4673 right, title, and interest in and to any lands heretofore owned or 4674 claimed by them, whether east or west of the Mississippi River, 4675 and any and all claini for or on account of any such lands, ex- 107 4676 cept those embraced within the boundaries described in tie 4677 second article of this agreement ; and it doth also, in like man- 4678 ner, release and fally discharge the United States from all other 4679 claims and demands whatsoever, which bhe Creek Nation or any 4680 individuals thereof may now have against the United States, 4681 excepting only such as arc particularly or in terms provided for 4682 and secured to them by the provisions of existing treaties and 4683 laws ; and which are as follows, viz : permanent annuities in 4684 money amounting to twenty -four thousand five hundred dollars, 4685 secured to them by the fourth article of the treaty of seventh 4686 August, seventeen hundred and ninety, the second article of the 4687 treaty of June sixteenth, eighteen hundred and two, and the 4688 fourth article of the treaty of January twenty -fourth, eighteen 4689 hundred and twenty-six ; permanent provision for a wheelwright, 4690 for a blacksmith and assistant ; blacksmith-shop and tools, and 4691 for iron and steel under the eighth article of the last-mentioned 4692 treaty ; and costing annually one thousand seven hundred and 4693 ten dollars;' two thousand dollars per annum, daring the pleas- 4694 ure of the President, for assistance in agricultural operations 4695 under the same treaty and article ; six thousand dollars per an- 4696 num for education for seven years, in addition to the estimate 4697 for present fiscal year, under the fourth article of the treaty of 4698 January fourth, eighteen hundred and forty-five; one thousand 4699 dollars per annum during the pleasure of the President, for the 4700 same object, under the fifth article of the treaty of February 4701 fourteenth, eighteen hundred and thirty-three; services of a 4702 wagon-maker, blacksmith and assistant, shop and tools, iron 4703 and steel, during the pleasure of the President, under the same 4704 treaty and article, and costing one thousand seven hundred and 4705 ten dollars annually; the last instalment of two thousand two 4706 hundi'ed and twenty dollars for two blacksmiths and assistants, 4707 shops and tools, and iron and steel, under the thirteenth article 4708 of the treaty of March twenty-fourth, eighteen hundred and 4709 thirty-two, and which last it is hereby stipulated shall be con- 4710 tinned for seven additional years. The following shall also be 4711 excepted from the foregoing quitclaiui, relinquishment, release, 4712 and discharge, viz : the fund created and held in trust for Creek 4713 orphans under the second article of the treaty of March twenty- 4714 fourth^ eighteen hundred and thirty-two ; the right of such indi- 4715 viduals among the Creeks as have not received it, to the com- 4716 pensation in money provided for by the act of Congress of March 4717 third, eighteen hundred and thirty-seven, in lieu of reservations 4718 of land to which they were entitled, but which were not secured 4719 to them, under the said treaty of eighteen hundred and thirty- 4720 two ; the right of the reservees under the same treaty, who did 4721 not dispose of their reservations to- the amounts for which they 108 4722 have been or may be sold by the United States ; and the right 4723 of such members of the tribe to military-bounty lands, as are 4724 entitled thereto under existing laws of the United States. The 4725 right and interest of the Creek Nation and people in and to the 4726 matters and things so excepted, shall continue and remain, the 4727 same as though this convention had never been entered into. 4728 Article 6. In consideration of the foregoing quit-claim, re- 4729 linquishment, release, and discharge, and of the cession of a 4730 country for the Seminole Indians contained in the first article 4731 of this agreement, the United States do hereby agree and stipu- 4732 . late to allow and pay the Creek Nation the sum of one million 4733 of dollars, which shall be invested and paid as follows, viz : two 4734 hundred thousand dollars to be invested in some safe stocks, 4735 paying an interest of at least five per cent, per annum ; which 4736 interest shall be regularly and faithfully applied to purposes of 4737 education among the Creeks ; four hundred thousand dollars to 4738 be jtaidper capita, under the direction 'of the general council of 4739 the Creek Nation, to the individuals and members of said nation, 4740 [except such portion as they shall, by order of said national 4741 council, direct to be paid to the treasurer of said nation for 4742 any specified national object not exceeding ($100,000) one hun- 4743 dred thousand dollars,] as soon as practicable after the ratifica- 4744 tion of this agreement ; and two hundred thousand dollars shall 4745 be set apart to be appropriated and paid as follows, viz : ten 4746 thousand dollars to be equally distributed and paid tb those in- 4747 dividaalsand their heirs, who, under act of Congress of March 4748 third, eighteen hundred and thirty-seven, have received money 4749 in lieu of reservations of land to which they were entitled, but 4750 which were not secured to them under the treaty of March 4751 twenty-fourth, eighteen hundred and thirty-two ; one hundred 4752 and twenty thousand dollars to be equally and justly distributed 4753 and paid, under the direction of the general council, to those 4754 Creeks, or their descendants, who emigrated west of the Missis- 4755 sippi Eiver prior to said treaty of eighteen hundred and thirty- 4756 two, and to be in lieu of and in full compensation for the claims 4757 of such Creeks to an allowance equivalent to the reservations 4758 granted to the eastern Creeks by that treaty, and seventy thou- 4759 sand dollars for the adjustment and final settlement of such other 4760 claims of individual Creek Indians, as may lie found to be equi- 4761 table and just by the general council of the nation : Provided, 4762 however, That no part of the three last-mentioned sums shall be 4763 allowed or paid to any other person orpersons, whatsoever, than 4764 those who are actual and honafide members of the Creek Nation 4765 and belonging respectively to the three classes of claimants 4766 designated ; said sums to be remitted and paid as soon as prac- 4767 ticable after the general council shall have ascertained and des- 109 4768 igaated the persons entitled to share therein : And provided 4769 further, That any balance of the said sum of seventy thousand 4770 dollars, which may be found not to be actually necessary for 4771 the adjustment and settlement of the claims for which it is set 4772 apart, shall belong to the nation, and be applied to such object 4773 or objects of utility or necessity as the general council shall 4774 direct. The remaining sum of two hundred thousand dollars 4775 shall be retained by the United States, until the removal of the 4776 Seminole Indians, now in Florida, to the country west of the Mis- 4777 sissippi Eiver herein provided for their tribe; whereupon the 4778 same, with Interest thereon, at five per cent., from the date of the 4779 ratification of this agreement, shall be paid over to or invested 4780 for the benefit of the Creek Nation, as may then be requested 4781 by the proper authorities thereof : Provided, however, That if so 4782 paid over, it shall be equally divided and paid j^er capita to all 4783 the individuals and members of the Creek Nation, or be used 4784 and applied only for such objects or purposes of a strictly na- 4785 tional or beneficial character as the interests and welfare of the 4786 Creek people shall actually require. 4787 Aeticle 7. It being the desire of the Creeks to employ 4788 their own teachers, mechanics, and farmers, all of the funds se- 4789 cured to the nation for educational, mechanical, and agricultural 4790 purposes, shall, as the same become annually due, be paid over 4791 by the United States to the treasurer of the Creek Nation. And 4792 the annuities in money due the nation under former treaties 4793 shall also be paid to the same officer, whenever the general 4794 council shall so direct. 4795 Article 8. The Seminoles hereby release and discharge the 4796 United States from all claims and demands which their delega- 4797 tion have set up against them, and obligate themselves to re- 4798 move to and settle in the new country herein provided for them 4799 as soon as practicable. In consideration of such release, dis- 4800 charge, and obligation, and as the Indians must abandon their 4801 present imj)rovements, and incur considerable expense in rees- 4802 tablishing themselves, and as the Government desires to secure 4803 their assistance in inducing their brethren yet in Florida to em- 4804 igrate and settle with them west of the Mississippi Eiver, and is 4805 willing to offer liberal inducements to the latter peaceably so to 4806 do, the United States do therefore agree and stipulate as fol- 4807 lows, viz : To pay to the Seminoles now west the sum of ninety 4808 thousand dollars, which shall be in lieu of their present impro ve- 4809 meuts, and in fall for the expenses of their removal and estab- 4810 lishing themselves in their new country ; to provide annually 4811 for ten years the sum of three thousand dollars for the support 4812 of schools ; two thousand dollars for agricultural assistance ; 4813 and two thoiisafad two hundred dollars for the support of smiths 110 4:814 and smith-shops among them, said sums to be applied to these 4815 objects in such manner as the President shall direct. Also to 4816 invest for them the sum of two hundred and fifty thousand dol- 4817 Jars, at five per cent, per annum, the interest to be regularly 4818 paid over to them per capita as annuity ; the further sum of two 4819 hundred and fifty thousand dollars shall be invested in like man- 4820 ner -whenever the Seminoles now remaining in Florida shall 4821 have emigrated and joined their brethren in the west, -where- 4822 upon the two sums so invested shall constitute a fund belonging 4823 to the united tribe of Seminoles, and the interest on which, at 4824 the rate aforesaid, shall be annually paid over to them per capita 4825 as an annuity ; but no portion of the principal thus invested, or 4826 the interest thereon annually due and payable, shall ever be 4827 taken to pay claims or demands against said Indians, except 4828 such as may hereafter arise under the intei'course laws. 4829 Article 9. The United States agree to remove comfortably 4830 to their new country west all those Seminoles now in Florida 4831 who can be induced to emigrate thereto ; and to furnish them 4832 .with suflftcient rations of wholesome subsistence during their 4833 removal and for twelve months after their arrival at their new 4834 homes ; also, to provide each warrior of eighteen years of age 4835 and upwards, who shall so remove, with one rifle-gun, if he 4836 shall not already possess one; with two blankets, a supply of 4837 powder and lead, a hunting-shirt, one pair of shoes, one and 4838 a half yards of strouding, and ten pounds of good tobacco ; and 4839 each woman, youth, and child with a blanket, pair of shoes, and 4840 other necessary articles of comfortable clothing, and to expend 4841 for them in improvements, after they shall all remove, the sum 4842 of twenty thousand dollars. And to encourage the Seminoles 4843 to devote themselves to the cultivation of the soil, and become 4844 a sober, settled, industrious, and independent people, the United 4845 States do further agree to expend three thousand dollars in the 4846 purchase of ploughs and other agricultural implements, axes, 4847 seeds, looms, cards, and wheels ; the same to be proportionately 4848 distributed among those now west, and those who shall emigrate 4849 from Florida. 4850 Article 10. The Seminoles west do hereby agree and bind 4851 themselves to furnish, at such time or times as the President 4852 may appoint, a delegation of such members of their tribe as 4853 shall be selected for the purpose, to proceed to Florida, under 4854 the direction of an agent of the Government, to render such 4855 peaceful services as may be required of them, and otherwise to 4856 do all in their power to induce their brethren remaining in that 4857 State to emigrate and join them in the west ; the United States 4858 agreeing to pay them and such members of the Creek tribe as 4859 may voluntarily offer to join them and be accepted for the same Ill 4860 service, a reasonable compensation for their time and services, 4861 as well as ttieir travelling and other actual and necessary ex- 4862 penses. 4863 Article 11. It is further hereby agreed that the United 4864 States shall pay Poc-te-luste-harjo, his heirs or assigns, the sum 4865 of four hundred dollars, in consideration of the unpaid services 4866 of said Foo-te-luo-te-harjoe, or Black Dirt, rendered by him as 4867 chief of the friendly band of Seminole warriors who fought for 4868 the United States during the Florida war. 4869 Article 12. So soon as the Seminoles west shall have re- 4870 moved to the new country herein provided for them, the United 4871 States will then select a site and erect the necessary buildings 4872 for an' agency, including a council-house for the Seminoles. 4873 Article 13. The officers and people of each of the tribes of 4874 Creeks and Seminoles shall, at all times, have the right of safe 4875 conduct and free passage through the lands and territory of the 4876 other. The members of each shall have the right freely to settle 4877 within the country of the other, and shall thereupon be entitled 4878 to all the rights, privileges, and immunities of members thereof 4879 except that no member of either tribe shall be entitled to partici- 4880 pate in any funds belonging to the other tribe. Members of each 4881 tribe shall have the right to institute and prosecute suits in the 4882 courts of the other, under such regulations as may, from time to 4883 time, be prescribed by their respective legislatures. 4884 Article 14. Any person duly charged with a criminal 4885 offense against the laws of either the Creek or Seminole tribe, 4886 and escaping into the jurisdiction of the other, shall be promptly 4887 surrendered upon the demand of the proper authority of the tribe 4888 within whose jurisdiction the offense shall be alleged to have 4889 been committed. 4890 Article 15. So far as may be compatible with the Consti- 4891 tution of the United States, and the laws made in pursuance 4892 thereof, regulating trade and intercourse with the Indian tribes, 4893 the Creeks and Seminoles shall be secured in the unrestricted 4894 right of self-government, and full jurisdiction over persons and 4895 property, within their respective limits; excepting, however, all 4896 white persons, with their property, who are not, by adoption or 4897 otherwise, members of either the Creek or Seminole tribe; and 4898 all persons not being members of either tribe, found within their 4899 limits, shall be considered intruders, and be removed from and 4900 kept out of the same by the United States agents for said tribes, 4901 respectively, (assisted, if necessary, by the military,) with the 4902 following exceptions, viz : such individuals with their families 4903 as may be in the employment of the Government of the United 4904 States; all persons peaceably travelling, or temijorarily sojourn- 4905 ing in the country, or trading therein under license from the 112 4906 proper authority of the United States; and such persons as may 4907 be permitted by the Creeks or Seminoles, with the assent of the 4908 proper authorities of the United States, to reside within their 4909 respective limits without becoming members of either of said 4910 tribes. 4911 Artiolb 16. The Creeks and Seminoles shall promptly 4912 apprehend and deliver up all persons accused of any crime against 4913 the laws of the United States, or of any State thereof, who may 4914 be found within their limits, on demand of any proper of&cer of 4915 a State or of the United States. 4916 Article 17. All persons licensed by the United States to 4917 trade with the Creeks or Seminoles shall be required to pay to 4918 the tribe within whose country they trade a moderate annual 4919 compensation for the land and timber used by them, the amount 4920 of such compensation, in each case, to be assessed by the proper 4921 authorities of said tribe, subject to the approval of the United 4922 States agent therefor. 4923 Article 18. The United States shall protect the Creeks and 4924 Seminoles from domestic strife, from hostile invasion, and from 4925 aggression by other Indians and white persons, not subject to .4926 their jurisdiction and laws; and for all injuries resulting from 4927 such invasion or aggression, full indemnity is hereby guaranteed 4928 to the party or parties injured out of the Treasury of the United 4929 States, upon the same principle and according to the same rules 4930 upon which white persons are entitled to indemnity for injuries 4931 or aggressions upon them, committed by Indians. 4932 Article 19. The United States shall have the right to 4933 establish and maintain such military posts, military and post- 4934 roads, and Indian agencies as may be deemed necessary within 4935 the Creek and Seminole country, but no greater quantity of 4936 land or timber shall be used for said purposes than shall be 4937 actually requisite ; and if, in the establishment or maintenance 4938 of such posts, roads, or agencies, the property of any Creek or 4939 Seminole be taken, destroyed, or injured, or any property of 4940 either nation, other than land and timber, just and adequate com- 4941 pensation shall be made by the United States. Such persons 4942 only as are or may be in the employment of the United States, 4943 in any capacity, civil or- military, or subject to the jurisdiction 4944 and laws of the Creeks and Seminoles, shall be permitted to 4945 farm or raise stock within the limits of any of said military 4946 posts or Indian agencies. And no offender against the laws of 4947 either of said tribes shall be permitted to take refuge therein. 4948 Article 20. The United States, or any incorporated com- 4949 pany, shall have the right of. way for railroads, or lines of tele- 4950 graphs, through the Creek and Seminole countries; but in the 4951 case of any incorporated company, it shall have such right of 113 4952 way only upon such terms, and payment of such amount to the 4953 Creeks and Seminoles, as the case may be, as may be agreed 4954 upon between it and the national council thereof ; or, in case 4955 of disagreement, by making full compensation, not only to indi« 4956 vidual parties injured, but also to the tribe for the right of way, 4957 all damage and injury done to be ascertained and determined in 4958 such manner as the President of the United States shall direct. 4959 And the right of way granted by either of said tribes for any 4960 railroad shall be perpetual, or for such shorter term as the same 4961 may be granted, in the same manner as if there were no revision of 4962 their lands to the United States provided for, in case of aban- 4963 donment by them, or of extinction of their tribe. 4964 Article 21. The United States will cause such portions of 4965 the boundaries of the Creek and Seminole countries as do not 4966 consist of well-defined natural boundaries, to be surveyed and 4967 permanently marked and established. The Creek and Seminole 4968 general councils may each appoint a commission from their own 4969 people to attend the running of their respective boundaries, 4970 whose expenses and a reasonable allowance for their time and 4971 services, while engaged in such dutj"^, shall be paid by the United 4972 States. 4973 Article 22. That this convention may conduce, as far as 4974 possible, to the restoration and preservation of kind and friendly 4975 feelings among the Creeks and Seminoles, a general amnesty of 4976 all past offences committed within their country, either west or 4977 east of the Mississippi, is hereby declared. 4978 Article 23. A liberal allowance shall be made to each of 4979 the delegations signing this convention; including, with the 4980 Seminole delegation, George W. Brinton, the interpreter, as a 4981 compensation for their travelling and other expenses in coming 4982 to and remaining in this city and returning home. 4983 Article 24. Should the Seminoles in Florida desire to have 4984 a portion of the country described in the first article of this 4985 agreement set apart for their residence, it is agreed that the 4986 Seminoles west may make such arrangement, not inconsistent 4987 with this instrument, as may be satisfactory to their brethren 4988 inJPlorida. 4989 Article 25. The Creek laws shall be in force and continue 4990 to operate in the country herein assigned to the Seminoles, until 4991 the latter remove thereto ; when they shall cease and be of no 4992 effect. 4993 Article 26. This convention shall supersede and take the 4994 place of all former treaties, between the United States and the 4995 Creeks, between the United States and the Florida Indians and 4996 Seminoles, and between the Creeks and Seminoles, inconsistent 4997 herewith; and shall take effect and be obligatory on the con ^ 15 IT 114 4998 tractiiig parties from tlie date hereof, wheuever it shall be 4999 ratified by the Senate and President of the Unite'd States. 5000 Article 27. And it is further agreed that nothing herein 5001 contained shall be so construed as to release the United States 5002 from any liability other than those in favor of said nations or 5003 individuals thereof. 5004 Proclaimed August 28, 1856. 5005 Treaty between the United States of America and the Greek Nation 5006 of Indians, concluded June 14, 1866 ; ratification advised, with 5007 amendments, July 19, 1866 ; amendments accepted July 23, 5008 1866. 5009 Andrew Johnson, President of the United States of America, 5010 to all and singular to whom these presents shall come, 5011 greeting : 5012 Whereas a treaty was made and concluded at the city of 5013 Washington, iu the District of Columbia, on the fourteenth day 5014 of June, in the year of our Lord one thousand eight hundred 5015 and sixty-six, by and between Dennis K Cooley and Elijah Sells, 5016 commissioners, on the part of the United States, and Ok-ta-has 5017 Harjo, Cow-mikko, and Ootch-cho-chee, delegates at large of the 5018 Creek Nation of Indians, and D. If. Mcintosh and James M. 0. 5019 Smith, special delegates of the Southern Creeks, on the part of 5020 said Creek Nation of Indians and Southern Creeks, all of which 5021 delegates at large and special delegates were duly authorized 5022 thereto by said Creek Nation and Southern Creeks, which treaty 5023 is in the words and figures following, to wit : 5024 Treaty of cession and indemnity concluded at the city of Wash- 5025 ington on the fourteenth day of June, in the year of our 5026 Lord one thousand eight hundred and sixty-six, by and be- 5027 tween the United States, represented by Dennis N. Cooley, 5028 Commissioner of Indian Affairs, Elija Sells, superintendent 5029 of Indian affairs for the southern superintendency, and 5030 Col. Ely S. Parker, special commissioner, and the Creek 5031 Nation of Indians, represented by Ok-tars-sars-harjo, or 5032 Sands, Cow-e-to-me-co and Che-chu-chee, delegates at large, 5033 and D. N. Mcintosh and James Smith, special delegates of 5034 the Southern Creeks. 5035 PREAMBLE. 5036 Whereas existing treaties between the United States and 5037 the Creek Nation have become insufiflcient to meet their mutual 5038 necessities ; and whereas the Creeks made a treaty with the so- 5039 called Confederate States, on the tenth of July, one thousand 5040 eight hundred and sixty-one, whereby they ignored their alle- 115 504:1 giance to the United States, and unsettled the treaty relations 5042 existing between the Creeks and the United States, and did so 5043 render themselves liable to forfeit to the United States all bene- 5044 fits and advantages enjoyed by them in lands, annuities, pro- 5045 tection, and immunities. Including their lands and other prop- 5046 erty held by grant or gift from the United States ; and 5047 Whereas in view of said liabilities the United States require 5048 of the Creeks a portion of their land whereon to settle other 5049 Indians; and whereas a treaty of peace and amity was entered 5050 into between the United States and the Creeks and other tribes 5051 at Fort Smith, September tenth, eighteen hundred and sixty-five, 5052 whereby the Creeks revoked, cancelled, and repudiated the 5053 aforesaid treaty made with the so-called Confederate States; and 5054 Whereas the United States, through its commissioners, in 5055 said treaty of peace and amity, promised to enter into treaty 5056 with the Creeks to arrange 'and settle all questions relating to 5057 and growing out of said treaty with the so-called Confederate 5058 States : 5059 Now, therefore, the United States, by its commissioners, and 5060 the above-named delegates of the Creek Nation, the day and 5061 year above mentioned, mutually stipulate and agree, on behalf 5062 of the respective parties, as follows, to wit : 5063 Article 1. There shall be perpetual peace and friendship 5064 between the parties to this treaty, and the Creeks bind them- 5065 selves to remain firm allies and friends of the United States, 5066 and never to take up arms against the United States, but always 5067 faithfully to aid in patting down its enemies. They also agree 5068 to remain at peace with all other Indian tribes ; and, in retui'n, 5069 the United States guarantees them quiet possession of their 5070 country, and protection against hostilities on the part of other 5071 tribes. In the event of hostilities, the United States agree that 5073 the tribe commencing and prosecuting the same shall, as far as 5073 may be practicable, make just reparation therefor. To insure 5074 this protection, the Creeks agree to a military occupation of 5075 their country, at any time, by the United States, and the United 5076 States agree to station and continue in said country, from time 5077 to time, at its own expense, such, force as may be necessary for 5078 that purpose. A general amnesty of all past offenses against ; 5079 the laws of the United States, committed by any member of the 5080 Creek Nation, is hereby declared. And the Creeks, anxious for 5081 the restoration of kind and friendly feelings among themselves, 5082 do hereby declare an amnesty for all past offenses against their 5083 government, and no Indian or Indians shall be proscribed, or 5084 any act of forfeiture or confiscation passed against those who 5085 have remained friendly to, or taken up arms against, the United 5086 States, but they shall enjoy equal privileges with other members 116 5087 of said tribe ; and all laws heretofore passed iQConsistent here- 5088 with are hereby declared inoperative. 5089 Article 2. The Creeks hereby covenant and agreethathence- 5090 forth neither slavery nor involuntary servitude, otherwise than 5091 in the punishment of crimes, whereof the parties have been duly 5092 convicted in accordance with laws applicable to all members of 5093 said tribe, shall ever exist in said nation ; and inasmuch as there 5094 are among the Creeks many persons of African descent, who 5095 have no interest in the soil, it is stipulated that hereafter these 5096 persons lawfully residing in said Creek country under their laws 5097 and usages, or who have been thus residing in said country, and 5098 may return within one year from the ratification of this treaty, 5099 and their descendants and such others of the same race as may 5100 be permitted by the laws of the said nation to settle within the 5101 limits of the jurisdiction of the Creek ]!iration as citizens [thereof,] 5102 shall have and enjoy all the rights and privileges of native citi- 5103 zens, including an equal interest in the soil and national funds, 5104 and the laws of the said nation shall be equally binding upon and 5105 give equal protection to all such persons, and all others, of what- 5106 soever race or color, who may be adopted as citizens or members 5107 of said tribe. 5108 Article 3. In compliance with the desire of the United 5109 States to locate other Indians andfreedmen thereon, the Creeks 5110 hereby cede and convey to the United States, to be sold to and 5111 used as homes for such other civilized Indians as the United 5112 States may choose to settle thereon, the west half of their entire 5113 domain, to be divided by a line running north and south ; the 5114 eastern half of said Creek lands, being retained by them, shall, ex- 5115 cept as herein otherwise stipulated, be forever set apart as a home 5116 for said Creek Nation ; and in consideration of said cession of the 5117 west half of their lands, estimated to contain three millions two 5118 hundred and fifty thousand iive hundred and sixty acres, the 5119 United States agree to pay the sum of thirty (30) cents per acre, 5120 amounting to nine hundred and seventy-five thousand onehun- 5121 dred and sixty-eight dollars, in the manner hereinafter provided, 5122 to wit : two hundred thousand dollars shall be paid per capita 5123 in money, unless otherwise directed by the President of the 5124 United States, upon the ratification of this treaty, to enable the 5125 Creeks to occupy, restore, and improve their farms, and to make 5126 their nation independent and self-sustaining, and to pay the 5127 damages sustained by the mission schools on the North Pork 5128 and the Arkansas Eivers, not to exceed two thousand dollars, and 5129 to pay the delegates such per diem as the agent and Creek council 5130 may agree upon, as a just and fair compensation, all of which shall 5131 be distributed for that purpose by the agent, with the advice of the 5132 Creek council, under the direction of the Secretary of the Inte- 117 5133 rior. One hundred thousand dollars shall be paid [in money 5134 and divided] to soldiers that enlisted in the Federal Army and 5135 the loyal refugee Indians and freedmen who were driven from 5136 their homes by the rebel forces, to reimburse them in proportion to 5137 their respective losses ; four hundred thousand dollars be paid [in 5138 money and divided] per capita to said Creek Nation, unless other- 5139 wise directed by the President of the United States, under the 5140 direction of the Secretary of the Interior, as the same may accrue 5141 from the sale of land to other Indians. The United States agree 5142 to pay to said Indians, in such manner and for such purposes as 5143 the Secretary of the Interior may direct, interest at the rate of 5144 five per cent, per annum from the date of the ratification of this 5145 treaty, on the amount hereinbefore agreed upon for said ceded 5146 lands, after deducting the said two hundre d thousand dollars . 5147 the residue, two hundred and •seventy-five thousand one hundred 5148 and sixty-eight dollars, shall remain in the Treasury of the 5149 United States, and the interest thereon, at the rate of five per 5150 centum per annum, be annually paid to said Creeks as above 5151 stipulated. 5152 Article 4. Immediately after the ratification of this treaty 5153 the United States agree to ascertain the amount due the respect- 5154 ive soldiers who enlisted in the Federal Army, loyal refugee In- 5155 dians and freedmen, in proportion to their several losses, and to 5156 pay the amount awarded each, in the following manner, to wit: 5157 A census of the Creeks shall be taken by the agent of the United 5158 States for said nation, under the direction of the Secretary of 5159 the Interior, and a roll of the names of all soldiers that enlisted 5160 in the Federal Army, loyal refugee Indians, and freedmen, be 5161 made by him. The superintendent of Indian affairs for the 5162 Southern superintendency and the agent of the United States for 5163 the Creek Nation shall proceed to investigate and determine 5164 from said roll the amounts due the respective refugee Ii;- 5165 dians, and shall transmit to the Commissioner of Indian Affairs 5166 for his approval, and that of the Secretary of the Interior, their 5167 awards, together with the reasons therefor. Incase the awards 5168 so made shall be duly approved, said awards shall be paid from 5169 the proceeds of the sale of said lands within one year from the 5170 ratification of this treaty, or so soon as said amount of one hun- 5171 dred thousand ($100,000) dollars can be raised from the sale of 5172 said land to other Indians. 5173 Article 5. The Creek Nation hereby grant a right of wiiy 5174 through their lands, to the Choctaw and Chickasaw country, 5175 to any company which shall be duly authorized by Congress, 5176 and shall, with the express consent and approbation of the Sec- 5177 retary of the Interior, undertake to construct a railroad from 5178 any point north of to any point in or south of the Creek coun- 118^ 5179 try, and likewise from any point on their eastern to their west- 5180 ern or southern boundary, but said railroad company, together 5181 with all its agents and employes, shall be subject to the laws of the 5182 .United States relating to intercourse with Indian tribes, and 5183 also to such rules and regulations as may be prescribed by the 5184 Secretary of the Interior for that purpose, and the Greeks agree 5185 to sell to the United States, or any company duly authorized as 5186 aforesaid, such lands not legally owned or occupied by a mem- 5187 ber or members of the Creek Nation, lying along the line of said 5188 contemplated railroad, not exceeding on each side thereof a belt 5189 or strip of land three miles in width, at such price per acre as 5190 may be eventually agreed upon between said Creek Kation and 5191 the party or parties building said road, subject to the approval 5192 of the President of the United States : Provided, however, That 5193 said land thus sold shall not be reconveyed, leased, or rented to, 5194 or be occupied by any one not a citizen of the Creek Fation, ac- 5195 cording to its laws and recognized usages : Provided, also, That 5196 officers, servants, and employes of said railroad necessary to its 5197 construction and management, shall not be excluded from such 5198 necessary occupancy, they being subject to the provisions of the 5199 Indian intercourse law and such rules and regulations as may 5200 be established by the Secretary of the Interior, nor shall any 5201 conveyance of any of said lands be made to the party building 5202 and managing said road until its completion as a first-class rail- 5203 road, and its acceptance as such by the Secretary of tbe Inte- 5204 rior. 5205 Aeticlb 6. [Stricken out by agreement.] 5206 Article 7. The Creeks hereby agree that the Seminole 5207 tribe of Indians may sell and convey to the United States all or 5208 any portion of the Seminole lands, upon such terms as may 5209 be mutually agreed upon by and between the Seminoles and the 5210 United States. 5211 Article 8. It is agreed that the Secretary of the Interior 5212 forthwith cause the line dividing the Creek country, as provided 5213 for by the terms of the sale of Creek lands to the United States 5214 in article third of this treaty, to be accurately surveyed under 5215 the direction of the Commissioner of Indian Affairs, the expenses 5216 of which survey shall be paid by the United States. 5217 Article 9. Inasmuch as the agency buildings of the Creek 5218 tribe have been destroyed during the late war, it is further 5219 agreed that the United States shall, at their own expense, not ex- 5220 ceeding ten thousand dollars, cause to be erected suitable agency 5221 buildings, the sites whereof shall be selected by the agent 5222 of said tribe, in the reduced Creek reservation, under the direc- 5223 tion of the superintendent of Indian affairs. 5224 In consideration whereof, the Creeks hereby cede and re- 119 5225 linquish to the United States one section ot their lands, to be 5226 designated and selected by their agent, under the direction of 5227 the superintendent of Indian affairs, upon which said agency 5228 Tsuildings shall be erected, -which section of land shall revert to 5229 the Creek nation when said agency buildings are no longer used 5230 by the United States, upon said nation paying a fair and reason- 5231 able value for said buildings at the time vacated. 5232 Aeticle 10. The Creeks agree to such legislation as Con- 5233 gress and the President of the United States may deem neces- 5234 sary for the better administration of justice and the protec- 5235 tion of the rights of person and property within the Indian ter- 5236 ritory : Provided, however, [That] said legislation shall not in any 5237 manner interfere with or annul their present tribal organizations, 5238 rights, laws, privileges, and customs. The Creeks also agree that 5239 a general council, consisting of delegates elected by each nation 5240 or tribe lawfully resident within the Indian territory, may be 5241 annually convened in said territory, which council shall be or- 5242 ganized in such manner and possess such powers as are here- 5243 inafter described. 5244 First. After the ratification of this treaty, and as soon 5245 as may be deemed practicable by the Secretary of the In- 5246 terior, and prior to the fl.rst session of said council, a census, or 5247 enumeration of each tribe lawfully resident in said territory, 5248 shall be taken under the direction of the superintendent of Indian 5249 affairs, who for that purpose is hereby authorized to designate 5250 and appoint competent persons, whose compensation shall be 5251 fixed by the Secretary of the Interior, and paid by the United 5252 States. 5253 Second. The first general council shall consist of one mem- 5254 ber from each tribe, and an additional member for each one 5255 thousand Indians, or each fraction of a thousand greater than 5256 five hundred, being members of any tribe lawfully resident in 5257 said territory, and shall be selected by said tribes respectively, 5258 who may assent to the establishment of said general council, 5259 and if none should be thus formerly selected by any nation or 5260 tribe, the said nation or tribe shall b6 represented in said gen- 5261 eral council by the chief or chiefs and head men of said tribe, 5262 to be taken in the order of their rank as recognized in tribal 5263 usage, in the same number and proportion as above indicated. 5264 After the said census shall have been taken and completed, the 5265 superintendent of Indian affairs shall publish and declare to 5266 each tribe the number of members of said council to which they 5267 shall be entitled under the provisions of this article, and the 5268 persons entitled to so represent said tribes shall meet at such 5269 time and place as he shall appoint, but thereafter the time and 6270 place of the sessions of said council shall be determined by its 120 5271 action : Provided, That no session in any one year shall exceed 5272 the term of thirty days, and provided that special sessions of 5273 said council may be called whenever, in the judgment of the 5274 Secretary of the Interior, the interest of said tribe shall require. 5275 Third. Said general council shall have power to legislate 5276 upon all rightful subjects and matters pertaining to the inter- 5277 course and relations of the Indian tribes and nations resident in 5278 said territory, the arrest and extradition of criminals and 5279 offenders escaping from one tribe to another, the administration 5280 of justice between members of the several tribes of said terri- 5281 tory, and persons other than Indians and members of said tribes 5282 or nations, the construction of works of internal improvement, 5283 and the common defence and safety of the nations of said ter- 5284 ritory. All laws enacted by said general council shall take ef- 5285 feet at such time as may therein be provided, unless suspended 5286 by direction of the Secretary of the Interior or the President of 5287 the United States. No law shall be enacted inconsistent with 5288 the Constitution of the United States, or the laws of Congress, 5289 or existing treaty stipulations with the United States, nor shall 5290 said council legislate upon matters pertaining to the organiza- 5291 tion, laws, or customs of the several tribes, except as herein 5292 provided for. 5293 Fourth. Said council shall be presided over by the superiu- 5294 tendent of Indian affairs, or, in case of his absence from any 5295 cause, the duties of said superintendent enumerated in this arti- 5296 cle shall be performed by such person as the Secretary of the 5297 Interior may direct. 5298 Fifth. The Secretary of the Interior shall appoint a secre- 5299 tary of said council, whose duty it shall be to keep an accurate 5300 record of all the proceedings of said council, and who shall 5301 transmit a true copy of all such proceedings, duly certified by 5302 the superintendent of Indian affairs, to the Secretary of the la- 5303 terior immediately after the sessions of said council shall termi- 5304 nate. He shall be paid' out of the Treasury of the United States 5305 an annuaK^/ salary of five hundred dollars. 5306 Sixth. The members of said council shall be paid by the 5307 United States the sum of four dollars per diem during the time 5308 actually in attendance on the sessions of said council, and at the 5309 rate of four dollars for every twenty miles necessar[il]y traveled 5310 by them in going to and returning to their homes respectively, 5311 from said council, to be certified by the secretary of said council 5312 and the superintendent of 'Indian affairs. 5313 Seventh. The Creeks also agree that a court or courts may 5314 be established in said territory, with such jurisdiction and organ- 5315 ized in such manner as Congress may by law provide. 5316 Article 11. The stipulations of this treaty are to be a full 121 5317 settlement of all claims of said Creek Nation for damages and 5318 losses of every kind" growing out of the late rebellion and all 5319 expenditures by the United States of annuities in clothing and 5320 »feeding refugee and destitute Indians since the -diversion of an- 5321 nuities for that purpose consequent upon the late war with the 5322 • so-called Confederate States ; and the Creeks hereby ratify and 5323 confirm all such diversions of annuities heretofore made from 5324 the funds of the Creek Nation by the United States, and the 5325 United States agree that no annuities shall be diverted from 5326 the objects for which they were originally devoted by treaty 5327 stipulations with the Creeks, to the use. of refugee and desti- 5328 tute Indians other than the Creeks or members of the Creek 5329 Nation after the close of the present fiscal year, June thirtieth, 5330 eighteen hundred and sixty-six. 5331 Aeticle 12. The United States reaffirms and re-assumes all 5332 obligations of treaty stipulations with the Creek Nation entered 5333 into before the treaty of said Creek Nation with the so-called 5334 Confederate States, July tenth, eighteen hundred and sixty-one, 5335 not inconsistent herewith; and further agrees to renew all pay- 5336 ments accruing by force of said treaty stipulations from and 5337 after the close of the present fiscal year, June thirtieth, eighteen 5338 hundred and sixty-six, except as is provided in article eleventh. 5339 Article 13. A quantity of land not exceeding one Iiun- 5340 dred and sixty acres, to be selected according to legal subdi- 5341 visions, in one body, and to include their improvements, is 5342 hereby granted to every religious society or denomination which 5343 has erected, or which, with the consent of the Indians, may 5344 hereafter erect, buildings within the Creek country for mission- 5345 ary or educational purposes ; but no land thus granted, nor the 5346 buildings which have been or may be erected thereon, shall ever 5347 be sold or otherwise disposed of, except with the consent and 5348 approval of the Secretary of the Interior; and whenever any 5349 such lands or buildings shall be so sold or disposed of, ihe pro- 5350 ceeds thereof shall be applied, under the direction of the Secre- 5351 tary of the Interior, to the support and maintenance of other 5352 similar establishments for the benefit of the Creeks and such 5353 other persons as may be or may hereafter become members of the 5354 tribe according to its laws, customs, and usages ; and if at any 5355 time said improvements shall be abandoned for one year for 5356 missionary or educational purposes, all the rights herein granted 5357 for missionary and educational purposes shall revert to the said 5358 Creek Nation. 5359 Article 14. It is further agreed that all treaties hereto- 5360 fore entered into between the United States and the Creek 5361 Nation which are inconsistent with any of the articles or pro- 5362 visions of this treaty shall be, and are hereby, rescinded and 16 I T 122- 6363 annulled; and it is further agreed that ten thousand dollars 6364 shall be paid by the United States, or so much thereof as may 6365 be necessary, to pay the expenses incurred in negotiating the 5366 foregoing treaty. • 5367 Proclaimed August 11, 1866. 5368 CHEYENNES AND AKEAPAHOES. 5369 Treaty letween the United States of America and the Cheyenne and 6370 Arrapahoe tribes of Indians, concluded October 14, 1865; 6371 ratification advised, with amendments. May 22, 1866 ; amend- 5372 ments accepted November 10 and 19, 1866. 5373 Andrew Johnson, Presidient of the United States of America, 5374 to all and singular to whom these presents shall come, greet- 6375' ing: 5376 Whereas a treaty was made and concluded at the camp on 5377 the Little Arkansas Eiver, in the State of Kansas, on the four- 5378 teenth day of October, in the year of our Lord one thousand 5379 eight hundred and sixty-flve, by and between John B. Sanborn, 5380 William S. Harney, Thomas Murphy, Kit Carson, William W. 5381 Bent, Jesse H. Leavenworth, and James Steele, commissioners 5382 on the part of the United States, and Moke-ta-ve-to, (Black 5383 Kettle,) Oh-to-ah-ne-so-to-wheo, (Seven Bulls,) Oh-has-tee, (Lit- 5384 tie Eaven,) Oh-hah-mah-hah, (Storm,) and other chi€fs and head- 6386 men of the Cheyenne and Arrapahoe tribes of Indians, on the 5386 part of said Indians, and duly authorized thereto by them, which 5387 treaty is in the words and figures following, to wit : 5388 Articles of a treaty made and concluded at the camp on the Little 5389 Arkansas Eiver, in the State of Kansas, on the fourteenth day 5390 of October, in the year of our Lord one thousand eight 5391 hundred and sixty-five, by and between John B. Sanborn, 5392 William S. Harney, Thomas Murphy, Kit Carson, William 6393 W. Bent, Jesse H. Leavenworth, and James Steele, commis- 5394 sioners on the p'art of the United States, and the under- 6395 signed, chiefs and head-men of and representing the con- 6396 federate tribes of Arrapahoe and Cheyenne Indians of the 5397 Upper Arkansas Eiver, they being duly authorized by their 5398 respecti^ tribes to act in the premises. 6399 Article 1. It is agreed by the parties to this treaty that 6400 hereafter perpetual peace shall be maintained between the people 5401 and Government of the United States and the Isdians parties 5402 hereto, and that the Indians parties hereto, shall forever remain 6403 at peace with each other, and with all other Indians who sus- 123 5404 tain friendly relations with the Goyernment of the United 5405 States. For the purpose of enforcing the provisions of this 6406 article it is agreed that in case hostile acts or depredations are 5407 committed by the people of the United States, or by Indians on 5408 friendly terms with the United States, against the tribe or tribes, 5409 or the individual members of the tribe or tribes, who are parties 5410 to this treaty, such hostile acts or depredations shall not be re- 5411 dressed by a resort to arms, but the party or parties aggrieved 5412 shall submit their complaints, through their agent, to the Presi- 5413 dent of the United States, and thereupon an impartial arbitra- 5414 tion shall be had, under his direction, and the award thus made 5415 shall be binding on all parties interested, and the Government 5416 of the United States will in good faith enforce the same. And 5417 the Indians, parties hereto, on their part, agree, in case crimes 5418 ' or other violations of law shall be committed by any person or 5419 persons, members of their tribe, such person or persons shall, 5420 upon complaint being made, in writing, to their agent, superinteu- 5421 dent of Indian affairs, or to other proper authority, by the party 5422 injured, and verified by affidavit, be delivered to the person duly 5423 authorized to take such person or persons into custody, to the 5424 end that such person or persons may be punished according to 5425 the laws of the United States. 5426 Article 2. The United States hereby agree that the dis- 5427 trict of country embraced within the following limits, or such 5428 portion of the same as may hereafter be designated by the Presi- 5429 dent of the United States for that purpose, viz : commencing at 5430 the mouth of the Eed Creek or Eed Fork of the Arkansas River ; 5431 thence up said creek or fork to its source ; thence westwardly to a 5432 point on the Cim arone Eiver opposite the mouth of Buffalo Creek ; 5433 thence due north to the Arkansas Eiver ; thence down the same 5434 to the beginning, shall be, and is hereby, set apart for the abso- •5435 lute and undisturbed use and occupation of the tribes who are 5436 parties to this treaty, and of such other friendly tribes as they 5437 may from time to time agree to admit among them, and that no 5438 white person, except officers, agents, and employees of the Gov- 5439 ernment, shall go upon or settle within the country embraced 5440 within said limits, unless formally admitted and incorporated 5441 into some one of the tribes lawfully residing there, according to 5442 its laws and usages : Provided^ however, That said Indians shall 5443 not be required to settle upon said reservation until such time 6444 as the United States shall have extinguished all claims of title 5445 thereto on the part of other Indians, so that the Indians parties 5446 hereto may live thereon at peace with all other tribes : " Provided, 6447 however, That as soon as practicable, with the assent of said 5448 tribe, the President of the United States shall designate for said 5449 tribes a reservation, no part of which shall be within the State 124 5450 of Kansas, and cause them as soon as practicable to remove to 5451 and settle thereon, but no such reservation shall be designated 5452 upon any reserve belonging to any other Indian tribe or tribes 5453 without their consent." 5454 The Indians parties hereto, on their part, expressly agree to 5455 remove to and accept as their permanent home the country em- 5456 braced within said limits whenever directed so to do by the 5457 President of the United States, in accordance with the provis- 5458 ions of this treaty, and that they will not go from said country 5459 for hunting or other purposes without the consent in writing of 5460 their agent or otlier authorized person, such written consent in 5461 all cases sp ecifying the purpose for which such leave is granted, 5462 and shall be borne with them upon their excursions as evidence 5463 that they are rightfully away from their reservation, and shall 5464 be respected by all officers, employees, and citizens of the United 6465 States as their sufiBcient safeguard and protection against injury 6466 or damage in person or property by any and all persons whom- 5467 soever. 5468 It is further agreed by the Indians parties hereto that when 5469 absent from their reservation they will refrain from the commis- 5470 sion of any depredations or injuries to the person or property of 5471 all persons sustaining friendly relations with the Government of 5472 the United States ; that they will not, while so absent, encamp 5473 by day or night within ten miles of any of the main traveled 5474 routes or roads through the country to which they go, or of the 5475 military posts, towns, or villages therein, without the consent of 5476 ■ thecommandersof such military posts, or of the civil authorities of 6477 such towns or villages; and that. henceforth they will, and do 5478 hereby, relinquish all claims or rights in and to any portion of 5479 the United States or Territories, except such as is embraced 5480 within the limits aforesaid, and more especially their claims and 5481 rights in and to th& country bounded as follows, viz : beginning ' 5482 at the junction of the north and south forks of the Platte Eiver ; 6483 thence up the north fork to the top of the principal range of the 6484 Eocky Mountains, or to the Eed Buttes: thence southwardly 5485 along the summit of the Ebcky Mountains to the headwaters of 5486 the Arkansas Eiver; thence down the Arkansas Eiver to the 5487 Cimarone crossing of the same ; thence to the place of begin- 5488 ning ; which country they claim to have originally owned, and 5489 never to have relinquished the' title thereto. 6490 Article 3. It is further agreed that until the Indians - 5491 parties hereto have removed to the reservation provided for by 5492 the preceding article in pursuance of the stipulations thereof, 5493 said Indians shall be, and they are hereby, expressly permitted 5494 to reside upon and range at pleasure throughout the unsettled 5495 portions of that part of the country they claim as originally 125 5496 theirs, which lies between the Arkansas and Platte Eivers ; and 5497 that they shall and will not go elsewhere, except upon the terms 5498 and conditions prescribed by the preceding article in relation to 5499 leaving the reservation thereby provided for: Provided, That 5500 the provisions of the preceding article in regard to encamping 5501 within ten miles of main travelled routes, military posts, towns, 5503 and villages, shall be in full force as to the occupancy of the 5503 country named and permitted by the terms of this article : Pro- 5504 vided further, -That they, the said Indians, shall and will at all 5505 times during such occupancy, without delay, report to the com- 5506 mander of the nearest military post, the presence in or approach . 5507 to said country of any hostile bands of Indians whatsoever. 5508 Article 4. It is further agreed by the parties hereto that 5509 the United States may lay off and build through the reservation , 5510 provided for by Article 2 of this treaty, such roads or highways 5511 as may be deemed necessary ; and may also establish such mili- 5512 tary posts within the same as may be found necessary in order 5513 to preserve peace among the Indians, and in order to enforce 5514 such laws, rules, and regulations as are now, or may from time 5515 to time be, prescribed by the President and Congress of the 5516 United States for the protection of the rights of persons and 5517 property among the Indians residing upon said reservation ; an d 5518 further, that in time of war such other military posts as may be 5519 considered-essential to the general interests of the United States 5520 may be established: Provided, however, That upon the building 5521 of such roads, or establishment of such military posts, the 5522 amount of injury sustained by reason thereof, by the Indians 5523 inhabiting said reservation, shall be ascertained under direction 5524 of the President of the United States, and thereupon such com- 5525 pensation shall be made to said Indians as in the judgment of 5526 the Congress of the United States may be deemed just and proper. 5527 Article 5. At the special request of the Cheyenne and 5528 • Arrapal^oe Indians, parties to this treaty, the United States 5529 agree to grant, by patent in fee-simple, to the following-named 5530 persons, all of whom are related to the Oheyennes or Arrapahoes 5531 by blood, to each an amount of land equal to onfe section of six 5532 hundred and forty acres, viz : To Mrs. Mai'garet "Wilmarth and 5533 her children, Yirginia Fitzpatrick, and Andrew Jackson Pitzpat- 5534 rick ; to Mrs. Mary Keith and her children, William Keith, Mary 5535 J. Keith, and Francis Keith ; to Mrs. Matilda Pepperdin and 5536 her child. Miss Margaret Pepperdin ; to Kobert Poisal and John 5537 Poisal ; to Edmund Guerrier, Eosa Guerrier, and Julia Guerrier ; 5538 to William W. Bent's daughter, Mary Bent Moore, and her three 5539 children, Adia Moore, William Bent Moore, and George Moore; 5540 to William W. Bent's children, George Bent, Charles Bent, and 5541 Julia Bent ; to A-ma-che, the wife of John Prowers, and her 126 55i2 children, Mafy Prowers and Susan Prowers ; to the children of 5543 Ote-se-ot-see, wife of John T, Sickles, viz : Margaret, Minnie, 5544 and John; to the children of John S. Smith, interpreter, Wil- 5545 liam Gilpin Smith, and daughter Armama; to Jenny Lind 5546 Crocker, daughter of Ne-sou-hoe,*or Are-you- there, wife of Lieu- 5547 tenant Orockey ; to Winsor, daughter of Tow-e-nah, wife 5548 of A. T. Winsor, sutler, formerly at Fort Lyon. Said lands to 5549 be selected under the direction of the Secretary of the Interior, 5550 from the reservation established by the 1st article of their treaty 5551 of February 18, A. D, 1861 : ^^Provided, That said locations 5552 shall not be made upon any lands heretofore granted by the 5553 United States to any person. State, or corporation, for any pur- . . 5554 pose." 5555 Aeticle 6. The United States being desirous to express its 5556 condemnation of, and, as far as may be, repudiate the gross and 5557 wanton outrages perpetrated against certain bands of Cheyenne 5558 and Arrapahoe Indians, on the twenty-ninth day of November, 5559 A. D. 1864, at Sand Creek, in Colorado Territory, while the said 5560 Indians were at peace wiUi the United States, and under its flag, 5561 whose protection they had by lawful authority been promised 5562 and induced to seek, and the Government being desirous to 5563 make some suitable reparation for the injuries then done, will 5564 grant three hundred and twenty acres of land by patent to each 5505 of the following-named chiefs of said bands, viz : Moke-ta-ve-to, 5566 or Black Kettle ; Oh-tah-ha-ne-so-weel, or Seven Bulls ; Alik-ke- 5567 home-ma, or Little Eobe ; Moke-tah-vo-ve-hoe, or Black White 5568 Man ; and will in like manner grant to each other person of said 5569 bands made a widow, or who lost a parent upon that occasion, 5570 one hundred and sixty acres of land, the names of such persons 5571 to be ascertained under the direction of the Secretary of the 5572 Interior : Provided, That said grants shall be conditioned that 5573 all devises, grants, alienations, leases, and contracts relative to 5574 said lands, made or entered into during the perihysician, farmer, blacksmith, carpenter, engineer, 5886 and miller, herein provided for, but in case of such withdrawal, an 5887 additional sum, thereafter, of ten thousand dollars per annum 5888 shall be devoted to the education of said Indians, and the Com- 5889 missioner of Indian Affairs shall upon careful inquiry into their 5890 condition make such rules and regulations for the expenditure 5891 of said sum as will best promote the educational and moral im- 5892 xJi'ovement of said tribes. 5893 Article 10. In lieu of all sums of money or other an- 5894 unities provided to be paid to the Indians herein named, under 5895 the treaty of October fourteenth, eighteen hundred and sixty- 5896 five, made at the mouth of Little Arkansas, and under all treat- 5897 ies made previous thereto, the United States agrees to deliver 5898 at the agency house on the reservation herein named, on the fif- 5899 teenth day of October, of each year, for thirty years, the fojlow- 5900 ing articles, to wit : 5901 For each male i^ersou over fourteen years of age, a suit of 5902 good, substantial woolen clothing, consisting of coat, pantaloons, 5903 flannel shirt, hat, and a pair of home-made socks. 5904 For each female over twelve years or age, a flannel skirt, 134 5905 or the goods necessary to make it, a pair of woolen hose, twelve 5906 yards of calico, and twelve yards of cotton domestics. 5907 For the boys and girls under the ages named, such flannel 5908 and cotton goods as may be needed to make each a suit as afore- 5909 said, together with a pair of woolen hose for each. 5910 And in order that the Commissioner of Indian Affairs may 5911 be able to estimate properly for the articles herein named, it 5912 shall be the duty of the agent each year to forward to him a 5913 full and exact census of the Indians on which the estimate from 5914 year to year can be based. 5915 And, in addition to the clothing herein named, the sum of 5916 twenty thousand dollars shall be annually appropriated for a 5917 period of thirty years, to be used by the Secretary of the In- 5918 terior in the purchase of such articles as, from time to time, 5919 the condition and necessities of the Indians may indicate to be 5920 proper. And. if at any time, within the thirty years, it shall ap- 5921 pear that the amount of money needed for clothing, under this 5922 article, can be appropriated to better uses for the tribe herein 5923 named, Congress may, by law, change the appropriation to other 5924 purposes ; but, in no event, shall the amount of this appropria- 5925 tion be withdrawn or discontinued for the period named. And 5926 the President shall, annually, detail an officer of the Army to 5927 be present, and attest the delivery of all the goods herein named 5928 to the Indians, and he shall inspect and report on the quantity 5929 and quality of the goods and the manner of their delivery. 5930 Article 11. In consideration of the advantages and bene- 5931 fits conferred by this treaty, and the many pledges of friendship 5932 by the United States, the tribes who are parties to this agree- 5933 ment hereby stipulate that they will relinquish all right to oc- 5934 cupy permanently the territory outside of their reservation as 5935 herein defined, but they yet reserve the right to hunt on any 5936 lands south of the Arkansas so long as the buffalo may range 5937 thereon in such numbers as to justify the chase; and no white 5938 settlements shall be permitted on any part of the lands contained 5939 in the old reservation as defined by the treaty made between 5940 the United States and the Cheyenne, Arapahoe, and Apache 5941 tribes of Indians, at the mouth of the Little Arkansas, under 5942 date of October fourteenth, eighteen hundred and sixty-five, 5943 within three years from this date; and they, the said tribes, fur- 5944 ther expressly agree : 5945 1st. That they will withdraw all opposition to the construction 5946 of the railroad now being built on the Smoky Hill River, 5947 whether it be built to Colorado or ISTew Mexico. 5948 2d. That they will permit the peaceable construction of any 5949 railroad not passing over their reservation, as herein defined. 5950 3d. That they will not attack any persons at home or travel- 135 5951 ling, nor molest or disturb any wagou-trains, coaches, mules, or 5952 cattle belonging to the people of the United States, or to persons 5.953 friendly therewith. 5954 4th. They will never capture or carry off from the settle- 5955 ments white women or children. 5956 5th. They will never kill or scalp white men, nor attempt to 5957 do them harm. 5958 6th. They withdraw all pretense of opposition to the con- 5959 struction of the railroad now being built along the Platte Eiver, 6960 and westward to the Pacific Ocean ; and they will not in future 5961 object to the construction of railroads, wagon-roads, mail- 5962 stations, or other works of utility or necessity, which may be 5963 ordered or permitted by the laws of the United States. But 5964 should such roads or other works be constructed on the lands of 5965 their reservation, the Government will pay the tribe whatever 5966 amount of damage may be assessed by three disinterested com- 5967 missioners to be appointed by the President for that purpose, 5968 one of said commissioners to be a chief or head-man of the 5969 tribe. 5970 7th. They agree to withdraw all opposition to the military 5971 posts or roads now established, or that may be established, not 5972 in violation of treaties heretofore made or- hereafter to be 5973 made with any of the Indian tribes. 5974 Akticle 12. l^o treaty for the cession of any portion or 5975 part of the reservation herein described, which may be held in 5976 common, shall be of any validity or force as against the said In- 5977 dians unless executed and signed by at least three-fourths of all 6978 the adult male Indians occupying or interested in the same ; and 5979 no cession by the tribe shall be understood or construed in such 5980 manner as to deprive without his consent any individual member 5981 of the tribe of his rights to any tract of land selected by him as 5982 provided in Article 6 of this treaty. 6983 Article 13. The United States hereby agree to furnish 5984 annually to the Indians the physician, teachers, carpenter, 5985 miller, engineer, farmer, and blacksmiths, as herein contemplated, 5986 and that such appropriations shall be made from time to time, 5987 on the estimates of the Secretary of the Interior, as will be suf- 5988 flcipnt to employ such persons. 5989 Article 14. It is agreed that the sum of five hundred 5990 dollars, annually, for three years from date, shall be expended 5991 ill presents to the ten persons of said tribe who, in the judgment 5992 of the agent, may grow the most valuable crops for the respect- 5993 ive year. 5994 Article 15. The tribes herein named agree that when the 5995 agency-house and other buildings shall be constructed on the 5996 reservation named, they will regard and make said reservation 136 5997 their permaneut home, and they will make no permanent settle- 5998 ment elsewhere, but they shall have the right, subject to the 5999 conditions and modifications of this treaty, to hunt on the lands 6000 south of the Arkansas Eiver, formerly called theirs, in the same 6001 manner as agreed on by the treaty of the "Little Arkansas," 6002 concluded the fourteenth day of October, eighteen hundred and G003 sixty-flive. 6004 Proclaimed August 19, 1SC8. 6005 NORTHEEN CHEYBNNES AND NORTHERN ARRAPA- 6006 HOES. 6007 Treaty between the United States of America and the Northern 6008 Cheyenne and Northern Arapahoe tribes of Indians, con- 6009 eluded May 10, 1868 ; ratification advised July 25, 1868. 6010 Andrew Johnson, Presid ent of the United States of America, to 6011 all and singular to whom these presents shall come, greeting : 6012 Whereas a treaty was made and concluded at Fort Laramie, 6013 in the Territory of Dakota, on the tenth day of May, in the year 6014 of our Lord one thousand eight hundred and sixty-eight, by and 6015 between Lieutenant-General William T. Sherman, Brevet Major- 6016 General William S. Harney, Brevet Major-General Alfred H. 6017 Terry, Brevet Major-General C. C. Augur, John B. Sanborn, and 6018 S. F. Tappan, commissioners on the part of the United States, 6019 and Wah-Toh-Nah, Bah-Ta-Che, and other chiefs and head-men 6020 of the Northern Cheyenne and Northern Arapahoe tribes of 6021 Indians, on the part of said Indians, and duly authorized thereto 6022 by them, which treaty is in the words and figures following, to 6023 wit: 6024 Articles of a treaty made and concluded at Fort Laramie, Da- 6025 kota Territory, on the tenth day of May, in the year of our 6026 Lord one thousand eight hundred and sixty-eight, by and 6027 between the undersigned commissioners on the part of the 6028 United States, and the undersigned chiefs and head-men of 6029 and representing the Northern Cheyenne and Northern Ar- 6030 apahoe Indians, they being duly authorized to act in the 6031 premises. 6032 Article 1. From this day forward peace between the par- 6033 ties to this treaty shall forever continue. The Government of 6034 the United States desires peace, and its honor is hereby pledged 6035 to keep it. The Indians desire peace, and they hereby pledge 6036 their honor to maintain it. If bad men among the whites, or 6037 among other people subject to the authority of the United 137 6038 States, shall commit any wrong upon the persou or property of 6039 the Indians, the United States will, upon proof made to the 6040 agent and forwarded to the Commissioner of Indian Affairs 6041 at Washington City, proceed at once to cause the offender to 6042 be arrested and punished according to the laws of the United 6043 States, and also reimburse the injured person for the loss sus- 6044 tained. 6045 If bad men among the Indians shall commit a wrong or dep- 6046 redation upon the person or property of any one, white, black, or 6047 Indian, subject to the authority of the United States and at peace 6048 therewith, the Indians herein named solemnly agree that they will, 6049 on proof made to their agent, and notice by him, deliver up 6050 the wrong-doer to the United States, to be tried and punished 6051 according to its laws ; and in case they wilfully refuse so to do, 6052 the person injured shall be reimbursed for his loss from the an- 6053 unities or other moneys due or to become due to them under this 6054 or other treaties made with the United States. And the Presi- 6055 dent, on advising with the Commissioner of Indian Affairs, 6056 shall prescribe such rules and regulations for ascertaining dam- 0057 ages under the provisions of this article as in his judgment may 6058 be proper. But no such damages shall be adjusted and paid 6059 until thoroughly examined and passed upon by the Commissioner 6060 of Indian Affairs, and no one sustaining loss while violating, or 6061 because of his violating, the provisions of this treay or the laws 6062 of the United States shall be reimbursed therefor. 6063 Article 2. The Indians, parties to this treaty, hereby agree 60f 4 to accept for their permanent home some portion of the tract of 6065- country set apart and designated as a permanent reservation for 6066 the Southern Cheyenne and Arapahoe Indians by a treaty entered 0067 into by and between them and the United States, at Medicine 6068 Lodge Creek, on the — day of October, eighteen hundred and 6069 sixty-seven, or some portion of the country and reservation ser 6070 apart and designated as a permanent home for the Brul^ and other 6071 bands of Sioux Indians, by a treaty entered into by and between 6072 said Indians and the United States, at Port Laramie, D. T., 6073 on the twenty-ninth day of April, eighteen hundred and sixty- 6074 eight. And the Northern Cheyenne and Arapahoe Indians 6075 do hereby relinquish, release, and surrender to the United 6076 States, all right, claim, and interest in and to all territory 6077 outside the two reservations above mentioned, except the right 6078 to roam and hunt while game shall be found in sufficient quanti- 6079 ties to justify the chase. And they do solemnly agree that they 6080 will not build any permanent homes outside of said reservations, 6081 and that within one year from this date they will attach them- 6082 selves permanently either to the agency provided for near the 6083 mouth of Medicine Lodge Creek, or to the agency about to be 18 IT -138 6084 established on the ^Missouri River, uear Fort Eandall, or to the 6085 Crow agency near Otter Creek, on the Yellowstone Eiver, 6086 provided for by treaty of the seventh day of May, eighteen hun- 6087 dred and sixty-eight, entered into by and between the United 6088 States and said Crow Indians, at Fort Laramie, D. T. ; and it 6089 is hereby expressly understood that one portion of said Indians 6090 may attach themselves to one of the afore-mentioned reserva- 6091 tions, and another portion to another of said reservations, as 6092 each part or portion of said Indians may elect. 6093 Article 3. If any indi\idual belonging to said tribes of 6094 Indians, or legally incorporated with them, being the head of a 6095 family, shall desire to commence farming, he shall have the 6096 privilege to select, in the presence and with the assistance of the 6097 agent then in charge, a tract of land within said reservations 6098 not exceeding three hundred and twenty acres iu extent, which 6099 tract, when so selected, certified, and recorded in the " Land 6100 Book" as herein directed, shall cease to be held in common, but 6101 the same may be occupied and held in the exclusive possession 3102 of the person selecting it, and of his family, so long as he or 6103 they may continue to cultivate it. 6104 Any person over eighteen years of age, not being the head 6105 of a family, may in like manner select and cause to be certified. 6106 to him or her, for purposes of cultivation, a quantity of land not 6107 exceeding eighty acres in extent, and thereupon be entitled to 6108 the exclusive possession of the same as above directed. 6109 For each tract of land so selected, a certificate containing a 6110 description thereof and the name of the person selecting it, 6111 with a certificate endorsed thereon that the same has been re- 6112 corded, shall be delivered to the party entitled to it by the agent 6113 after the same shall have been recorded by him in a book to be 6114 kept in his oflQce, subject to inspectiou, which said book shall be 6115 known as the " Northern Cheyenne and Arapahoe Land Book." 6116 The President may, at any time, order a survey of the 6117 reservation; and when so surveyed. Congress shall provide for 6118 protecting the rights of settlers in their improvements, and may 6119 fix the character of the title held by each. 6120 The United States may pass such laws on the subject of 6121 alienation and descent of property as between Indians and on 6122 all subjects connected with the government of the Indians on 6123 said reservations, and the internal police thereof, as may be 6124 thought proper. 6125 Aeticle 4. In order to iusure the civilization of the tribe 6126 entering into this treaty, the necessity of education is admitted, 6127 especially by such of them as are or may be settled on said 6128 agricultural reservation, and they therefoi-e pledge themselves 6129 to compel their children, male and female, between the ages of 139 6130 six and sixteen years, to attend school ; and it is hereby made 6131 the duty of the agent for said Indians to see that this stipulation 6133 is strictly complied with ; and the United States agrees that 6133 for every thirty children, between said ages, who can be in- 6134 ducedor compelled to attend school, a house shall be provided, 6135 and a teacher, competent to teach the elementary branches of 6136 an English education, shall be furnished, who will reside among 6137 said Indians and faithfully discharge his or her duties as a 6138 teacher. The provisions of this article to continue for twenty 6139 years. 6140 Aetiole 5. When the head of a family or lodge shall have 6141 selected lands, and received his certificate as above directed, 6142 and the agent shall be satisfied that he intends in good faith to 6143 commence cultivating the soil for a living, he shall be entitled 6144 to receive seeds and agricultural implements for the first year 6145 in value one hundred dollars, and for each succeeding year he 6146 shall continue to faria for a period of three years more he 6147 shall be entitled to receive seeds and implements as-aforesaid in 6148 value twenty -five dollars per annum. 6149 And it is further stipulated that such persons as commence 6150 farming shall receive instructions from the farmer herein pro- 6151 vided for, and whenever more than one hundred persons shall 6152 enter upon the cultivation of the soil a second blacksmith shall 6153 be provided, with such iron, steel, and other material as may 6154 be needed. 6155 Article 6. In lieu of all sums of money or other aunui- 6156 ties provided to be paid to the Indians herein named, under any 6157 and all treaties heretofore made with them, the United States 6158 agrees to deliver at the agency-house, oa the reservations heroin 6159 provided for, on the first day of September of each year, for 6160 thirty years, the following articles, to wit : 6161 For each male person over fourteen years of age, a suit of 6162 good substantial woolen clothing, consisting of coat, hat, panta- 6163 loons, flannel shirt, and a pair of woolen socks. 6164 For each female over twelve years of age, a flannel skirt, or 6165 the goods necessary to make it, a pair of woolen hose, twelve 6166 yards of calico, and twelve yards of cotton domestics. 6167 For the boys and girls under the ages named, such flannel 6168 and cotton goods as may be needed to make each a suit, as afore- 6169 said, together with a pair of woolen hose for each. 6170 And in order that the Commissioner of Indian Affairs may 6171 be able to estimate properly for the articles herein named, it 6172 shall be the duty of the agent each year to forward to him a full 6173 and exact census of the Indians, on which tiie estimates from 6174 year to year can be based. 6175 And, in addition to the clothing herein named, the sum of 140 6176/ ten dollars shall be annually appropriated for each Indian roam- 6177 ing, and twenty dollars for each Indian engaged in agricnlture, 6178 for a period of ten years, to be used by the Secretary of the In- 6179 terior in the purchase of such articles as from time to time 6180 the condition and necessities of the Indians may indicate to be 6181 proper. And if, at any time within the ten years, it shall appear 6182 that the amount of money needed for clothing under this article 6183 can be appropriated to better uses for the tribes herein named, 6184 Congress may by law change the appropriation to other pur- 6185 poses ; but in no event shall the amount of this appropriation 6186 be withdrawn or discontinued for the period named. And the 6187 President shall annually detail an officer of the Army to be pres- 6188 ent and attest the delivery of all the goods herein named to the 6189 Indians, and he shall inspect and report on the quantity and 6190 quality of the goods and the manner of their delivery ; and it is 6191 expressly stipulated that each Indian over the age of four years, 6192 who shall have removed to and settled permanently upon said 6193 reservation and complied with the stipulations of this treaty, 6194 shall be entitled to receive from the United States, for the pe- 6195 riod of four years after he shall have settled upon said reserva- 6196 tion, one pound of meat and one pound of flour per day, jjro- 6197 vided the Indians cannot furnish their own subsistence at an 6198 earlier date ; and it is further stipulated that the United States 6199 will furnish and deliver to each lodge of Indians, or family of 6200 persons legally incorporated with them, who shall remove to the 6201 reservation herein described and commence farming, one good 6202 American cow and one well-broken pair of American oxen, within 6203 sixty days after such lodge or family shall have so settled upon 6204 said reservation. 6205 Article 7. The United States hereby agrees to furnish 6206 annually to the Indians who settle upon the reservation a phy- 6207 siciau, teachers, carpenter, miller, engineer, farmer, and bhick- 6208 smiths, as herein contemplated, and^ that such appropriations 6209 shall be made from time to time on the estimates of the Secre- 6210 tary of the Interior as will be sufficient to employ such persons. 6211 Aeticle 8.. No treaty for the cession of any portion of 6212 the reservations herein described, which may be held in common, 6213 shall be of any force or validity as against the said Indians, uu- 6214 less executed and signed by at least a majority of all the adult 6215 male Indians occupying or interested in the same ; and no ces- 6216 sion by the tribe shall be understood or construed in such man- 6217 ner as to deprive, without his consent, any individual member 6218 of the tribe of his right to any tract of land. selected by him, as 6219 hereinbefore provided. 6220 Article 9. It is agreed that the sum of five hundred dol- 6221 lars annually for three years, from the date when they com- 141 6222 meneed to cultivate a farm, shall be expended in presents to tte 6223 ten persons of said tribe who, in the judgment of the agent, 6224 may grow the most valuable crops for the respective year, 6325 Proclaimed 25th August, 1868. 6226 CHIPPBWAS. 6227 Articles of a treaty made and concluded at Saginaw, in the Terri- 6228 tory of Michigan, between the United States of America, by 6229 their commissioner, Lewis Cass, and the Ghippeica Nation of 6230 Indians. 6231 Article 1. The Chippewa IiTation of ludians, in considera- 6232 tion of the stipulations herein made on the part of the United 6233 States, do hereby, forever, cede to the United States the land 6234 comprehended within the following lines and boundaries : Be- 6235 ginning at a point in the present Indian boundary -line, which 6236 runs due north from the mouth of the Great Auglaize River, six 6237 miles south of the place where the base line, so called, iuter- 6238 sects the same ; thence west sixty miles ; thence iu a direct line 6239 to the head of Thunder Bay River; tlience down the same, fol- 6240 lowing the courses thereof, to the mouth; thence northeast to 6241 the boundary-line between the United States and the British 6242 Province of Upper Canada ; thence with the same to the line 6243 established by the treaty of Detroit, in the year one thousand 6244 eight hundred and seven ; thence with the said line to the place 6245 of beginning. 6246 Article 2. From the cession aforesaid the following tracts 6247 of land shall be reserved for the use of the Chippewa Nation of 6248 Indians : 6249 One tract, of eight thousand acres, on the east side of the 6250 river An Sable, near where the Indians now live. 6251 One tract, of two thousand acres, on the river Mesagwisk. 6252 One tract, of six thousand acres, on the north side of the 6253 river Kawkawling, at the Indian village. 6254 One tract, of iive thousand seven hundred and sixty acres, 6255 upon the Flint River, to include Eeauai's village and a place 6256 called Kishkawbawee. 6257 One tract, of eight thousand acres, on the head of the river 6258 Huron, which empties into the Saginaw River at the village of 6259 Otusson. 6260 One island in the Saginaw Bay. 6261 One tract, of two thousand acres, where Nabobask formerly 6262 lived. 142 6263 One tract, of one thousand acres, near tbe island in the 6264 Saginaw Eiver. 6265 One tract, of six hundred and forty acres, at the bend of 6266 the river Huron, which empties into the Saginaw Eiver. 6267 One tract, of two thousand acres, at the mouth of Point 6268 Augrais Eiver. 6269 One tract, of one thousand acres, on the river Huron, at 6270 Menoequet's village. 6271 One tract, of ten thousand acres, on the Shawassee Eiver, 6272 at a place called the Big Eock. 6273 One tract, of three thousand acres, on the Shawassee Eiver, 6274 at Ketchewauudaugenink. 6275 One tract, of six thousand acres, at the Little Forks on the 6276 Tetabawasink Eiver. 6277 One tract, of six thousand acres, at the Black Bird's town, 6278 on the Tetabawasink Eiver. 6279 One tract, of forty thousand acres, on west side of the Sagi- 6280 naw Eiver, to be hereafter located. 6281 Article 3. There shall be reserved, for the use of each of 6282 the i^ersons hereinafter mentioned and their heii's, which per- 6283 sons are all Indians by descent, the following tracts of land : 6284 For the use of John Eiley, the son of Menawcumegoqua, a 6285 Chippewa woman, six hundred and forty acres of land, beginning 6286 at the head of the iirst marsh above the mouth of the Saginaw 6287 Eiver, on the east side thereof. 6288 ■ For tbe use of Peter Eile3', the son of Menawcumegoqua, a 6289 Chippewa woman, six hundred and forty acres of laud, beginning 6290 above and adjoining the apple-trees on the west side of the Sagi- 6291 naw Eiver, and running up the same for quantity. 6292 For the use of James Eiley, the sou of Menawcumegoqua, a 6293 Chippewa woman, six hundred and forty acres, beginning on the 6294 east side of the Saginaw Eiver, nearly opposite to Campeau's 6295 trading-house, and running up the river for quantity. 6296 For the use of Kawkawiskou, or the Crow, a Chippewa chief, 6297 six hundred and forty acres of land, on the east side of the Sagi- 6298 naw Eiver, at a place called Menitegow, and to include, in the 6299 said six hundred and forty acres, the island opposite to the said 6300 place. 6301 For the usa of Nowokeshik, Metawanene, Mokitchenoqua, 6302 Noudashemau, Petabonaqua, Messawwakut, .Checbalk, Kitche- 6303 geequa, Sagosequa, Auuoketoqua, and Tawcumegoqua, each, six 6304 hundred and forty acres of land, to be located at and near the 6305 grapd traverse of the Flint Eiver, in such manner as the Presi- 6306 dent of the United States may direct. 6307 For the use of the children of Bokowtonden, six hundred 6308 and forty acres, on the Kawkawling Eiver, 143 6309 Aettcle 4. In consideration of tlie cession aforesaid, the 6310 United States agree to pay to the Chippewa Nation of Indians, 6311 annually, forever, the sum of one thousand dollars in silver ; 6312 and do also agree that all annuities due by any former treaty to 6313 the said tribe shall he hereafter paid in silver. 6314 Article 5. The stipulation contained in the treaty of 6315 Greenville, relative to the right of the Indians to hunt upon 6316 the land ceded, while it continues the property of the United 6317 States, shall apply to this treaty; and the Indians shall, for the 6318 same term, enjoy the privilege of making sugar upon the same 6319 laud, committing no unnecessary waste upon the trees. 6320 Article 6. The United States agree to pay to the Indiaus 6321 the value of any improvements which the3^ may be obliged to 6322 abandon, in consequence of the lines established by this treatj', 6323 and which improvements add real value to the land. 6324 Article 7. The United States reserve to the proper author- 6325 ity the right to make roads through any part of the land re- 6326 served by this treaty. 6327 Article 8. The United States engage to provide and sup- 6328 port a blacksmith for the Indians, at Saginaw, so long as the 6329 President of the United States may think proper, and to fur- 6330 nish the Chippewa Indians with such farming utensils and cat- 6331 tie, and to employ such persoiis to aid them in their agriculture, 6332 as the President may deem expedient. 6333 Article 9. This treaty shall take effect, and be obligatory on 6334 the contracting parties, so soon as the same shall be ratified by 6335 the President of the Uuited States, by and with the advice and 6336 consent of the Senate thereof. , 6337 Proclaimed March 25, 1820. 6338 Articles of a treaty made and concluded at the Saidt de Saint Marie, 6339 in the Tei'ritory of Michigan, between the United States, by 6340 their commissioner, Lewis Cass, and the Chippeway tribe of 6341 Indians. 6342 Article 1. The Chippeway tribe of Indians cede to the 6343 United States the following tract of land : beginning at the Big 6344 Eock in the river St. Mary's, on the boundary-line between 6345 the United States and the British Province of Upper Canada; 6346 and, running thence down the said river, with the middle thereof, 6347 to the Little Eapid ; and, from those points, running back from 6348 the said river, so as to include sixteen square miles of land. 6349 Article 2. The Chippeway tribe of Indians acknowledge 6350 to have received a quantity of goods in full satisfaction of the 6351 preceding cession. 6362 Article 3. The United States will secure to the Indians a 144 6353 perpetual right of fishing at the falls of Saint Mary's, and also 6354 a place of encampment upon the tract hereby ceded, convenient 6355 to the fishing ground, which place shall not interfere with the 6356 defenses of any military work which may be erected, nor with 6357 any private rights. 6358 Article 4. This treaty, after the same shall be ratified by 6359 the President of the United States, by and with the advice and 6360 consent of the Senate thereof, shall be obligatory on the con- 6361 tractlng parties. 6362 Proclaimed March 2, 1821. 6363 Articles of a treaty made and concluded at the Font du Lac of Lake 6364 Superior, this fifth day of August, in the year of our Lord one 6365 thousand eight hundred and twenty-six, between Lewis Cass and 6366 Thomas L. McKenney, commissioners on the part of the United 6367 States, and the Chippewa tribe of Indians. 6368 Wliereas a treaty was concluded at Prairie du Ohien in Au- 6369 gust last, by which the war, which has been so long carried on, 6370 to their mutual distress, between the Chippewas and Sioux, was 6371 happily terminated by the intervention of the United States; 6372 and whereas, owing t^ the remote and dispersed situation of the 6373 Chippewas, full deputations of their different bands did not 6374 attend at Prairie du Chien, which circumstance, from the loose 6375 nature of the Indian government, would render the treaty of 6376 doubtful obligation with respect to the bands not represented; 6377 and whereas, at the request of the Chippewa chiefs, a stipula- 6378 tion was inserted in the treaty of Prairie du Chien, by which 6379 the United States agreed to assemble the Chippewa tribe upon 6380 Lake Superior during the present year, in order to give full 6381 effect to the said treaty, to explain its stipulations, and to call 6382 upon the whole Chippewa tribe, assembled at their general 6383 council-fire, to give their formal assent thereto, that the peace 6384 which has been concluded may be rendered permanent : There- 6385 fore— 6386 Article 1. The chiefs and warriors of the Chippewa tribe 6387 of Indians hereby fully assent to the treaty concluded in August 6388 last at Prairie du Chien, and engage to observe and fulfil the 6389 stipulations thereof. 6390 Article 2. A deputation shall be sent by the Chippewas 6391 to the treaty to be held in 1827, at Green Bay, with full power 6392 to arrange and fix the boundary-line between the Chippewas 6393 and the Wiunebagoes and Menomonees, which was left incom- 6394 plete by the treaty of Prairie da Chien, in consequence of the 6395 non-attendance of some of the principal Menomonee chiefs. 6396 Article 3. The Chippewa tribe grant to the Government 145 6397 of the United States the right to search for, aud carry away, 6398 any metals or minerals from any part of their country. But 6399 this grant is not to affect the title of the land nor the existing 6400 jurisdiction over it. 6401 Article 4. It being deemed important that the half-breeds 6403 scattered through this extensive country should be stimulated 6403 to exertion and improvement by the possession of permanent • 6404 property and fixed residences, the Chippewa tribe, in consider- 6405 ation of the affection they bear to these persons, and of the 6406 interest which they feel in their welfare, grant to each of the 6407 persons described in the schedule hereunto annexed, being half- 6408 breeds and Chippewas by descent, and it being understood that 6409 the schedule includes all of this description who are attached 6410 to the Government of the United States, six hundred and forty 6411 acres of land, to be located, under the direction of the Presi- 6412 dent of the United States, upon the islands and shore of the 6413 St. Mary's Eiver, wherever good land enough for this purpose 6414 can be found ; and as soon as such locations are made, the juris- 6415 diction and soil thereof are hereby ceded. It is the intention 6416 of the parties that, where circumstances will permit, the grants 6417 be surveyed in the ancient French manner, bounding not less 6418 than six arpens nor more than ten upon the river, and running 6419 back for quantity; and that where this cannot be done, such 6420 grants be surveyed in any manner the President may direct. 6421 The locations for Oshauguscodaywayqua and her descendants 6422 shall be adjoining the lower part of the military reservation, 6423 and upon the head of Sugar Island. The persons to whom 6424 grants are made shall not have the privilege of conveying the 6425 same without the permission of the President. 6426 Aeticle 5. In consideration of the poverty of the Ohippe- 6427 was, and of the sterile nature of the country they inhabit, unfit 6428 for cultivation, and almost destitute of game, and as a proof of 6429 regard on the part of the United States, it is agreed that an 6430 annuity of two thousand dollars, in money or goods, as the 6431 President may direct, shall be paid to the tribe, at the Sault St. 6432 Marie. But this annuity shall continue only during the pleas- 6433 ure of the Congress of the United States. 6434 Article 6. With a view to the improvement of the Indian 6435 youths, it is also agreed that an annual sum of one thousand 6436 dollars shall be appropriated to the support of an establishment 6437 for their education, to be located upon some part of the St. 6438 Mary's Eiver, and the money to be expended under the direc- 6439 tion of the President; and for the accommodation of such school, 6440 a section of land is hereby granted. But the payment of the 6441 one thousand dollars stipulated for in this article is subject to 6442 the same limitation described in the preceding article. 19 IT 146 04:43 Article 7. The necessity for the stipulations in the fourth, 6444 fifth, and sixth articles of this treaty could be fully apparent 6445 only from personal observation of the condition, prospects, and 6446 wishes of the Chippewas, and the commissioners were therefore 6447 not specifically instructed upon the subjects therein referred to; 6448 but seeing the extreme poverty of these wretched people, find- 6449 ing them almost naked and starving, and ascertaining that 6450 many perished during the last winter, from hunger and cold, 6451 they were induced to insert these articles. But it is expressly 6452 understood and agreed that the fourth, fifth, and sixth articles, 6453 or either of them, may be rejected by the President and Senate, 5454 without affecting the validity of the other articles of the treaty. 6455 Article 8. The Chippewa tribe of Indians fully acknowl- 6456 edge the authority and jurisdiction of the United States, and 6457 disclaim all connection with any foreign power, solemnly prom- 6458 ising to reject any messages, speeches, or councils, incompatible 6459 with the interest of the United States, and to communicate in- 6460 formation thereof to the proper agent, should any such be deliv- 6461 ered or sent to them. 6462 Aetiole 9. This treaty, after the same shall be ratified 6463 by the President and Senate of the United States, shall be oblig- 6464 atory on the contracting parties. 6465 Proclaimed February 27, 1827. 6466 Supplementary Article. 6467 As the Chippewas who committed the murder upon four 6468 American citizens, in June, 1824, upon the shores of Lake Pepin, 6469 are not present at this council, but are far in the interior of the 6470 country, so that they cannot be apprehended and delivered to 6471 the proper authority before the commencement of the next sum- 6472 mer ; and as the commissioners have been specially instructed 6473 to demand the surrender of these persons, and to state to the 6474 Chippewa tribe the consequence of suffering such a flagitious 6475 outrage to go unpunished, it is agreed that the persons guilty 6476 of the beforementioned murder shall be brought in, either to the 6477 Sault St. Marie or Green Bay, as early next summer as practi- 6478 cable, and surrendered to the proper authority ; and that, in the 6479 mean time, all further measures on the part of the United States 6480 in relation to this subject shall be suspended. 6481 Schedule referred to in tlie preceding treaty. 6482 To Oshauguscodaywagqua, wife of John Johnston, esq., to 6483 each of her children, and to each of her grandchildren, one sec- 6484 tion. 147 6485 To Saugemauqua, widow of the late John Baptiste Cadotte, 6486 and to her children, Lonison, Sophia, Archangel, Edward, and 6487 Polly, one section each. 6488 To Keneesequa, wife of Samuel Ashman, and to each of her 6489 children, one section. 6490 To Teegaushau, wife of Charles H. Oakes, and to each of her 6491 children, one section. 6492 To Thomas Shaw, son of Obimetunoqua, and to his wife 6493 Mar}^, being also of Indian descent, each one section. 6494 To Fanny Levake, daughter of Meeshwauqua, and to each 6495 of her children, one section. 6496 To Obayshaunoquotoqua, wife of Francis Goolay, jr., one 6497 section. 6498 To Omuckackeence, wife of John Holiday, and to each of 6499 her children, one section. 6500 To Obimegeezhigoqua, wife of Joseph Due Chene, jr., and 6501 to each of her children, one section. 6502 To Monedoqaa, wife of Charles Oloutier, one section. 6503 To Susan Yarns, daughter of Odanbitogeezhigoqua, one 6504 section. 6505 To Henry Sayer and John Sayer, sons of Obemau nnoqua, 6506 each one section. 6507 To each of the children of John Tanner, being of Chippewa 6508 descent, one section. 6509 To WassidjeeWunoqua, and to each of her children, by 6510 George Johnston, one section. 0511 To Michael Cadotte, senior, son of Equawaice, one section. 0512 To Equaysayway, wife of Michael Cadotte, senior, and to 6513 each of her children living within the United States, one sec- 6514 tion. 6513 To each of the children of Charlotte Warren, widow of tlie 6516 late Truman A. Warren, one section. 6517 To Mary Chapman, daughter of Equameeg, and wife of 6518 Bela Chapman, and to each of her children, one section. 6519 To Saganoshequa, wife of John H. Fairbanks, and to each 0520 of her children, one section. ' 6521 To Shaughiinomonee, wife of William Morrison, and to each 6522 of her children, one section. 0523 To each of the children of the late lugwaysuh, wife of Jo- 6524 seph Cot6, one section. 6525 To each of the children of Angelique Cote, late wife of"" 6526 Pierre Cot6, one section. 6527 To Pazhikwutoqua, wife of William Aitken, and to each of 6528 her children, one section. 6529 To Susan Davenport, grand-daughter of Misquabuuoqua, 148 6530 aud wife of Ambrose Davenport, and to each of her children, 6531 one section. 6532 To Waubunequa, wife of Augustin Belanger, and to each 6533 of her children, one section. 6534 To Charlotte Louisa Morrison, wife of Allan Morrison, and. 6535 daughter of Manitowidjewung, and to each of her children, one 6536 section. 6537 To each of the children of Eustace Roussain, by Shauwu- 6538 naubnnoqua, Wauwaussumoqua, and Payshaubunoqua, one sec- 6539 tion. 6540 To Isabella Dingley, wife of Daniel Dingley, and daughter 6541 of Pimegeezhigoqua, and to each of her children, one section, 6542 To George Birkhead, being a Chippewa by descent, one 6543 section. 6544 To Susan Conner, wife of Thomas Conner, and daughter of 6545 Pimegeezhigoqua, and to each of her children, one section. 6546 To the children of George Ermatinger, being of Sbawnee 6547 extraction, two sections collectively. 6548 To Ossiuahjeeunoqua, wife of Michael Oadotte, jr., and to 6549 each of her children, one section. 6550 To Minedemoeyah, wife of Pierre Duvernay, one section. 6551 To Ogeemaugeezhigoqua, wife of Basil Boileau, one sec- 6552 tion. 6553 To Wauneaussequa, wife of Paul Boileau, one section. 6554 To Kaukaubesheequa, wife of John Baptiste Corbeau, one 6555 section. 6556 To John Baptiste Du Chene, son of Pimegeizhigoqua, one 6557 section. 6558 To each of the children of Ugwudaushee, by the late Tru 6559 man A. Warren, one section. 6560 To William Warren, son of Lyman M. Warren aud Mary 6561 Cadotte, one section. 6562 To Antoine, Joseph, Louis, Chalot, and Margaret Charette, 6563 children of Equameeg, one section. 6564 To the children of Francois Bontcher, by Waussequa, each 6565 one section. 6566 To Angelique Brabent, daughter of Waussegundum, and 6567 wife of Alexis Brabent, one section. 6568 To Odishqua, of Sault St. Marie, a Chippewa of unmixed 6569 blood, one section. 6570 To Pamidjeewung, of Sault St. Marie, a Chippewa of un- 6571 mixed blood, one section. 6572 To Waybossinoqua and John J. Wayishkee, children of 6573 Wayishkee, each one section. 6574 LEWIS CASS, 6575 THOS. L. M'KENNET. 149 6576 Articles of a treaty made and concluded at St. Peters (the conflu- 6577 ence of the St. Peters and Mississippi Rivers) in the Territory 6578 of Wisconsin, between the United States of America, by their 6579 commissioner, Henry Bodge, governor of said Territory, and 6580 the Chippewa Nation of Indians, by their chiefs and head- 6581 men. 6582 Article 1. The said Chippewa Nation cede to the United 6583 States all that tract of country included within the following 6584 boundaries : 6585 Beginning at the junction of the Crow Wing and Missis- 6586 sippi Elvers, between twenty and thirty miles above where the 6587 Mississippi is crossed by the forty-sixth parallel of north lati- 6588 tude, and running thence to the north point of Lake St. Croix, 6589 one of the sources of the St. Croix Eiver; thence to and along 6590 the dividing ridge between the waters of Lake Superior and 6591 those of the Mississippi, to the sources of the Ocha-sua-sepe, a 6592 tributary of the Chippewa Eiver ; thence to a point on the 6593 Chippewa Eiver, twenty miles below the outlet of Lake Do 6594 Flambeau; thence to the junction of the Wisconsin and Pelican 6595 Elvers; thence on an east course twenty-flve miles; thence 6596 southerly, on a course parallel with that of the W^isconsin 6597 Eiver, to the line dividing the territories of the Chippewas and 6598 Menomonies; thence to the Plover Portage; thence along the 6599 southern boundary of the Chippewa country, to the commence- 6600 ment of the boundary-line dividing it from that of the Sioux, 6601 half a day's march below the falls on the Chippewa Eiver; 6602 thence with said boundary-line to the mouth of Wah-tap Eiver 6603 at its junction with the Mississippi ; and thence up the Missis 6604 sippi to the place of beginning. 6605 Artiole 2. In consideration of the cession aforesaid, the 6606 United States agree to make to the Chippewa Nation, annually, 6607 for the term of twenty yea^s, from the date of the ratification of 6608 this treaty, the following payments : 6609 1. Nine thousand five hundred dollars, to be paid in money. 6610 2. Nineteen thousand dollars, to be delivered in goods. 6611 3. Three thousand dollars for establishing three blacksmiths 6612 shops, supporting the blacksmiths, and furnishing them with 6613 iron and steel. 6614 4. One thousand dollars for farmers, and for supplying them 6615 and the Lidians with implements of labor, with grain or seed ; 6616 and whatever else may be necessary to enable them to carry on 6617 their agricultural pursuits. 6618 5, Two thousand dollars in provisions. 6619 6. Five hundred dollars in tobacco. 6620 The provisions and tobacco to be delivered at the same 150 6621 time with tlie goods, and the money to be paid ; -which time or 6622 times, as well as the place or places where they are to be deliv- 6623 ered, shall be fixed upon under the direction of the President ot 6624 the United States. 6625 The blacksmiths-shops to be placed at such points in the 6626 Chippewa country as shall be designated by the superintendent 6627 of Indian affairs, or under his direction. 6628 If, at the expiration of one or more years, the Indians 6629 should prefer to receive goods, instead of the nine thousand 6630 dollars agreed to be paid to them in money, they shall be at lib- 6631 erty to do so. Or, should they conclude to appropriate a por- 6632 tion of that annuity to the establishment and support of a school 6633 or schools among them, this shall be granted them. 6634 Article 3. The sum of one hundred thousand dollars shall 6635 be iiaid, by the United States, to the half-breeds of the Chip- 6636 pewa Nation, under the direction of the President. It is the 6637 wish of the Indians -that their two sub-agents, Daniel P. Bush- 6638 nell arid Miles M. Vineyard, superintend the distribution of 6639 this money among their half-breed relations. 6640 Article 4. The sum of seventy thousand dollars shall 6641 be applied to the payment, by the United States, of certain 6642 claims against the Indians ; of which amount tWenty-eight 6643 thousand dollars shall, at their request, be paid to William A- 6644 Aitkin, twenty-five thousand to Lyman M. Warren, and the bal- 6645 ance applied to the liquidation of other just demands against 6646 them — which they acknowledge to be the case with regard to 6647 that presented by Hurcules L. Dousman, for the sum of five 6648 thousand dollars ; and they request that it be paid. 6649 Article 5. The privilege of hunting, fishing, and gathering 6650 the wild rice upon the lands, the rivers, and the lakes included in 6651 the territory ceded, is guaranteed to the Indians during the 6652 pleasure of the President of the United States. 6653 Article 6. This treaty shall be obligatory from and after 6654 its ratification by the President and Senate of the United States. 6655 Proclaimed Jnne 15, 1828. 6656 CHIPEWAS, OTTAWAS, AND POTTOWOTOMIES. 6657 A treaty of peace, friendship, and limits, made and concluded 6658 between Kinian Edwards, William Clarlc, and Auguste 6659 Chouteau, commissioners plenipotentiary of the United States 6660 of America, on the part and behalf of said States, of the 6661 one part, and the chiefs and warriors of the united tribes oj 6662 Ottawas, Chipawas, and Fottowotomees, residing on the Illinois 6663 and Melwakee Rivers, and their waters, and on the southwestern 6664 parts of Lake Michigan, of the other part. 151 6665 Whereas a serious dispute lias for some time past existed 6666 between the contracting parties relative to the right to a part 6667 of the lands ceded to the United States by the tribes of Sacs 6668 and Foxes, on the third day of November, one thousand eight 6669 hundred and four, and both parties being desirous of preserving 6670 a harmonious and friendly intercourse, and of establishing per- 6671 manent peace and friendship, have, for the purpose of removing 6672 all difficulties, agreed to the following terms : 6673 Article 1. The said chiefs and warriors, for themselves 6674 and the tribes they represent, agree to relinquish, and hereby 6675 do relinquish, to the United States, all their right, claim, and 6676 title to all the land contained in the before-mentioned cession 6677 of the Sacs and Foxes, which lies south of a due west line from 6678 the southern extremity of Lake Michigan to the Mississippi 6679 Eiver. And they moreover cede to the United States all the 6680 land contained in the following bounds, to wit : beginning on 6681 the left bank of the Fox Eiver of Illinois, ten miles above the 6682 moutb of said Fox River ; thence running so as to cross Sandy 6683 Creek, ten miles above its mouth ; thence, in a direct line, to a 6684 point ten miles north of the west end of the portage between 6685 Chicago Creek, which empties into Lake Michigan, and the river 6686 Depleine, a fork of the Illinois ; thence, in a direct line, to a 6687 point on Lake Michigan, ten miles northward of the mouth of 6688 Chicago Creek ; thence, along the lake, to a point ten miles 6689 southward of the mouth of the said Chicago Creek ; thence, 6690 in a direct Ihie, to a point on the Kankakee, ten miles above its 6691 mouth ; thence, with the said Kankakee and the Illinois Eiver, 6692 to the mouth of Fox Eiver, and thence to the beginning : Fro- 6693 mUed^ nevertheless, That the said tribes shall be permitted to 6694 hunt and to fish within the limits of the land hereby relin- 6695 quished and ceded, so long as it may continue to be the properly 6696 of the United States. 6697 Article 2. In consideration of the aforesaid relinquishment 6698 and cession, the United States have this day delivered to said 6699 tribes a considerable quantity of merchandise, and do agree to 6700 pay them, annually, for the term of twelve years, goods to the 6701 value of one thousand dollars, reckoning that value at the first 6702 cost of the goods in the city or place in which they shall be pur- 0703 chased, without any charge for transportation ; which said 6704 goods shall be delivered to the said tribes at some place on the 6705 Illinois Eiver, not lower down than Peoria. And the said United 6706 States do moreover agree to relinquish to the said tribes all the 6707 land contained in the aforesaid cession of the Sacs and Foxes, 6708 which lies north of a due west line from the southern extremity 6709 of Lake Michigan to the Mississippi Eiver, except three leagues 6710 square at the mouth of the Ouisconsing Eiver, including both 152 6711 banks, and such other tracts, on or near to the Ouiscousing and 6712 Mississippi Eivers, as the President of the United States may 6713 think proper to reserve : Provided, That such other tracts shall 6714 not in the whole exceed the quantity that would be contained in 6715 five leagues square. 6716 Article 3. The contracting parties, that peace and friend 6717 ship may be permanent, promise that in all things whatever 6718 they will act with justice and correctness toward each other, 6719 and that they will, with perfect good faith, fulfill all the obliga- 6720 tions imposed upon them by former treaties. 6721 Proclaimed December 30, 1836. 6722 Articles of a treaty made and concluded at Chicago, in the State of 6723 Illinois, between Lewis Cass and Solomon Sibley, commissioners 6724 of the United States, and the Ottawa, Chippeica, and Pottawata- 6725 mie Nations of Indians. 6726 Article 1. The Ottawa, Chippewa, and Pottawatamie Na. C726 tions of Indians cede to the United States all the land compre- 6728 hended within the following boundaries : Beginning at a point 6729 on the south bank of the river St. Joseph of Lake Michigan, 6730 near the Pare aux Vaches, due north from Bum's Village, and 6731 running thence south to a line drawn due east from the southern 6732 extreme of Lake Michigan, thence with the said line east to the 6733 tract ceded by the Pottawatamies to the United States by the 6734 treaty of Fort Meigs in 1817, if the said line should strike the 6735 said tract, but if the said line should pass north of the said tract, 6736 then such line shall be continued until it strikes the western 6737 boundary of the tract ceded to the United States by the treaty 6738 of Detroit in 1807, and from the termination of the said line, 6739 following the boundaries of former cessions, to the main branch 6740 of the Grand Eiver of Lake Michigan, should any of the said 6741 lines cross the said river, but if none of the said lines should cross 6742 the said river, then to a point due east of the source of the 6743 said main branch of the said river, and from such point due west 6744 to the source of the said principal branch, and from the crossing 6745 of the said river, or from the source thereof, as the case may be, 6746 down the said river, on the north bank thereof, to the mouth ; 6747 thence following the shore of Lake Michigan to the south bank 6748 of the said river St. Joseph, at the mouth thereof, and thence 6749 with the said south bank to the place of beginning. 6750 Article 2. From the cession aforesaid, there shall be re 6751 served, for the use of the Indians, the following tracts : 6752 One tract at Mang-ach qua Village, on the river Peble, of 6753 six miles square. 6754 One tract at Mick-ke-saw-be, of six miles square. 153 6755 One tract at the village of Na-to-wasis-pe, of four miles C756 square. 6757 One tract at the village of Prairie Eondo, of three miles 6758 square. 6759 One tract at the village of Match-e-be-narh-she wish, at the 6760 head of the Kekalamazoo Eiver. 6761 Article 3. There shall Jbe granted by the United States to 6762 each of the following persons, being all Indians by descent, and 6763 to their heirs, the following tracts of land : 6764 To John Burnet, two sections of land. 6765 To -James Burnet, Abraham Bnrnet, Rebecca Burnet, and 6766 Nancy Burnet, each one section of land; which said John, 6767 James, Abraham, Eebecca, and Nancy, are children of Kaw. 6768 kee-me, sister of Topni-be, principal chief of the Potwatamie 6769 Nation. 6770 The land granted to the persons immediately preceding shall 6771 begin on the north bank of the river St. Joseph, about two 6772 miles from the mouth, and shall extend up and back from the 6773 said river for quantity. 6774 To John B. La Lime, son of Noke-no qua, one-half of a sec- 6775 tion of land, adjoining the tract before granted, and on the npper 6776 side thereof. 6777 To Jean B. Chandonai, son of Ohi-pe-waqua, two sections 6778 of land, on the river St. Joseph, above and adjoining the tract 6779 granted to J. B. La Lime. 6780 To Joseph Daz6, son of Chip-pe-wa-qua, one section of land 6781 above and adjoining the tract granted to Jean B. Chandonai. 6782 To Monguago, one-half of a section of land, at Mish-she-wa- 6783 ko-kink. 6784 To Pierre Moran or Peeresh, a Potawatamie chief, one sec- 6785 tion of land, and to his children two sections of 'land, at the 6786 mouth of the Elk-heart Eiver. 6787 To Pierre Le Clerc, sou of Mol-qua, one section of laud on 6788 the Elk-heart Eiver,' above and adjoining the tract granted to 6789 Moran and his children. 6790 The section of land granted by the treaty of St. Mary's, in 6791 1818, to Peeresh or Perig, shall be granted to Jean B. Cicot, son 6792 of Pe-say-quot, sister of the said Peeresh, it having been so iu- 6793 tended at the execution of the said treaty. 6794 To O-she-ak-kebe or Benac, one-half of a section of land on 6795 the north side of the Elk-heart Eiver, where the road from Ohi- 6796 cago to Port Wayne first crosses the said river. 6797 To Me-naw-che, a Potawatamie woman, one-half of a section 6798 of land on the eastern bank of the St. Joseph, where the road 6799 from Detroit to Chicago first crosses the said river. 6800 To Theresa Chandler or To-e-ak-qni, a Potawatamie woman, 20 I T 154 6801 and to her daughter Betsey Fisher, one section of land on the 6802 south side of tbe Grand Eiver, opposite to the Spruce Swamp. 0803 To Charles Eeaubien and MedartBeaubien, sons of Man-na- 6804 ben-a-qua, each one-half of a section of land near the village of 6805 Ke-wi-go-shkeem, on the Washtenaw River. 6806 To Antoine Eoland, son of I-gat-pat-a-wat-a-nue-qua, one- 6807 half of a section of land adjoining and below the tract granted 6808 to Pierre Moran. 6809 To William Knaggs or Was-es-kuk-son, son of Ches-qua, 6810 one-half of a section of land adjoining and below the tract 6811 granted to Antoine Eoland. 6812 To Madeline Bertrand, wife of Joseph Bertrand, a Potawata- 6813 mie woman, one section of land at the Pare aux Vaches, on the 6814 north side of the river St. Joseph. 6815 To Joseph Bertrand, junior, Benjamin Betrand, Laurent 6816 Betrand, Theresa Bertrand, and Amable Bertrand, children of 6817 the said Madeline Bertrand, each one-half of a section of land at 6818 the portage of the Kankakee Eiver. 6819 To John Eiley, son of Me-naw-cum-a-go-quoi, one section of 6820 land, at the mouth of the river An Foin, on the Grand Eiver, 6821 and extending up the said river. 6822 To Peter Eiley, the son of Me-naw-cum-ego-qua, one section 6823 of land, at the mouth of the river Au Foin, on the Grand Eiver, 6824 and extending down the said river. 6825 To Jean B. Le Olerc, son of Moi-qua, one-half of a section 6826 of land, above and adjoining the tract granted to Pierre Le 6827 Olerc. 6828 To Joseph La Framboise, son of Shaw-we-no qua, one sec- 6829 tion of land upon the south side of the river St. Joseph, and ad- 6830 joining on the upper side the land ceded to the United States, 6831 which said section is also ceded to tbe United States. 6832 The tracts of land herein stipulated to be granted shall 6833 never be leased or conveyed by the grantees or their heirs to 6834 any persons whatever, without the permission of the President 6835 of the United States. And such tracts shall be located after the 6836 said cession is surveyed, and in conformity with such surveys as 6837 near as may be, and in such manner as the President may 6838 direct. 6839 Article 4. In consideration of the cession aforesaid, the 6840 United States engage to pay to the Ottawa nation one thousand 6841 dollars in specie annually forever, and also to appropriate 6842 annually, for the term of ten years, the sum of fifteen hundred 6843 dollars, to be expended as the President may direct, in the sup- 6844 port of a blacksmith, of a teacher, and of a person to instruct 6845 tbe Ottawas in agriculture and in the purchase of cattle and 6846 farming-utensils. And the United States also engage to pay to 155 6847 the Potawatamie Nation five tlioiisand dollars in specie, annually, 6848 for the term of twenty years, and also to appropriate annually, 6849 for the term of fifteen years, the sum of one thousand dollars, to 6850 be expended as the President may direct, in the support of a 6851 blacksmith and a teacher. And one mile square shall be 6852 selected, under the direction of the President, on the north side 6853 of the Grand Eiver, and one mile square on the south side of the 6854 St. Joseph, and within the Indian lands not ceded, upon which 6855 the blacksmiths and teachers employed for the said tribes, re- 6856 spectively, shall reside. 6857 Article 5. The stipulation contained ia the treaty of Green- 6858 ville, relative to the right of the Indians to hunt upon the land 6859 ceded while it continues the property of the United States, shall 6860 apply to this treaty. 6861 AETif;LB 6. The United States shall have the privilege of 68C2 making and using a road through the Indian country, from De 6863 troit and Fort Wayne, respectively, to Chicago. 6864 Article 7. This treaty shall take effect and be obligatory 6865 on the contracting parties so soon as the same shall be ratified 6866 by the President of the United States, by and with the advice 6867 and consent of the Senate thereof. 6868 Proclaimed March 25, 1832. G869 Treaty with the Sioux and Chippewas, Sacs and Fox, Menominie 6870 loway, Sioux, Winnebago, and a portion of the Ottawa, Chip- 6871 peiva, and Potawattomie tribes. 6872 The United States of America have seen with much regrtt 6873 that wai's have for many years been carried on between the 6874 Sioux and the Chippewas, and more recently between the con- 6875 federated tribes of Sacs and Foxes and the Sioux ; and also 6876 between the loways and Sioux; which, if not terminated, may 6877- extend to the other tribes, and involve the Indians upon the 6878 Missouri, the Mississippi, and the Lakes, in general hostilities. 6879 In order, therefore, to promote peace among these tribes, and to G880 establish boundaries among them and the other tribes who live 6881 in their vicinity, and thereby to remove all causes of future dif- 68B2 ficulty, the United States have invited the Chippewa, Sac, and 6883 Fox, Menominie, loway, Sioux, Winnebago, and a portion of the 6884 Ottowa, Chipi)ewa, [and Potawatomie tribes of Indians living 6885 upon the Illinois, to assemble together, and in a spirit of mutual 6886 conciliation to accomplish these objects; and to aid therein, have 6887 appointed William Clark and Lewis Cass, commissioners on their 6888 part, who have met the chiefs, warriors, and representatives of 6889 the said tribes, and portion of tribes, at Prairie des Chiens, in the 6890 Territory of Michican, and after full deliberation, the said tribes. 156 G891 and portion of tribes, have agreed with the United States, and G892 with one another, upon the following articles : G893 Aeticle 1. There shall be a firm and perpetual peace G894 between the Sioux and Chippewas ; between the Sioux and the 0895 confederated tribes of Sacs and Foxes ; and between the loways 6896 and the Sioux. 6897 Aeticle 2. It is agreed between the confederated tribes of C898 the Sacs and Foxes, and the Sioux, that the line between their 6899 respective countries shall be as follows: Commencing at the G900 mouth of the Upper loway Eiver, on the west bank of the Mis- 6901 sissippi, and ascending the said loway Eiver, to its left fork; 6902 thence up that fork to its source ; thence crossing the fork of 6903 Eed Cedar Eiver, in a direct line to the second or upper fork of 6904 the Desmoines Eiver ; and thence in a direct line to the lower 6905 fork of the Calumet Eiver ; and down that river to its juncture 6906 with the Missouri Eiver. But the Yancton band of the Sioux 0907 tribe, being principally interested in the establishment of the G908 line from the forks of the Desmoines to the Missouri, and not 6909 being sufficiently represented to render the definitive establish- 6910 ment of that line proper, it is expressly declared that the line 6911 from the forks of the Desmoines to the forks of the Calumet 6912 Eiver, and down that river to the Missouri, is not to be con- 6913 sidered as settled until the assent of the Tancton band shall be •6914 given thereto. And if the said band should refuse their assent, 0915 the arrangement of that portion of the boundary-line shall be 6916 void, and the rights of the parties to the country bounded 6917 thereby shall be the same as if no provision had been made for 6918 the extension of the line west of the forks of the Desmoines. 6919 And the Sacs and Foxes relinquish to the tribes interested 0920 therein all their claim to land on the east side of the Mississippi 0921 Eiver. 6922 Aeticle 3. The loways accede to the arrangement between 6923 the Sacs and Foxes and the Sioux ; but it is agreed between the 6924 loways and the confederated tribes of the Sacs and Foxes that 0925 the loways have a just claim to a portion of the country between 6926 the boundary-line described in the next preceding article and 6927 the Missouri and Mississippi ; and that the said loways and 6928 Sacs and Foxes shall peaceably occupy the same until some 6929 satisfactory arrangement can be made between them for a division 6930 of their respective claims to country. 6931 Ae'I'ICLe 4. The Ottoes not being represented at this coun- 6932 oil, and the commissioners for the United States being anxious 6933 that justice should be done to all parties, and having reason to 0934 believe that the Ottoes have a just claim to a portion of. the 6935 country upon the Missouri, east and south of the boundary-line 6936 dividing the Sacs and Foxes and the loways from the Sioux, it 157 6937 is agreed between the parties interested therein, and the United 6938 States, that the claim of the Ottoes shall not be affected by any- 6939 thing herein contained ; but the same shall remain as valid as if 6940 this treaty had not been formed. 6941 Article 5. It is agreed between the Sioux and the Chip- 6942 pewas that the line dividing their respective countries shall 6943 commence at the Chippewa River, half a day's march below the 6944 falls; and from thence it shall run to Eed Cedar Eiver, immedi- 6945 ately below the falls; from thence to the St. Croix Eiver, 6946 which it strikes } TA^o a 11 /-I J- i J^or each of whom J. B. „.. „_ 7432 Sally Contraman, J ,, , „ . , , V 600 00 r?Aoo r, J. nt ^ Campbell IS trustee, f 7433 Betsey Contraman, (^ ^ ^ 7434 Alexis Laframboise 800 oO 7435 Alexis Laframbois' children 1, 200 00 7436 Mrs. Mann's children 600 00 168 7437 Mrs. Mann (daughter of Antoine Ouilmet) $400 00 7438 Geo. Turkey's children, (Fourtier,) Th. J. V. Owen, 7439 trustee 500 00 7440 Jacques Chapeau's children do. do 600 00 7441 Antonie Eoscum's children 750 00 7442 Francois Burbonnais', sen'r's, children . . . . , 400 00 7443 Francis Burbonnais', j'n'r, children 300 00 7444 JohnBt.Cloutier'schildren,(EobertA.Kinsietrustee). 600 00 7445 Claude Lafromboise's children 300 00 7446 Antoine Ouilmet's children 200 00 7447 Josette Ouilmot (John H. Kinzie, trustee) 200 00 7448 Mrs. Welsh (daughter of Antoine Ouilmet) . 200 00 7449 Alexander Robinson's children 400 00 7450 Billy Caldwell's children 600 00 7451 Mo-ah--way 200 00 7452 Medare B. Beaubien 300 00 7453 . Charles H. Beaubien 300 00 7454 John K. Clark's Indian children, (Eichard J. Hamil- 7465 ton, trustee) 400 00 7456 Josette Juno and her children 1, 000 00 7457 Angelique Juno 300 00 7458 Josette Beaubin's children 1, 000 00 7459 Mah-go-que's child, (James Kinzie, trustee) 300 00 7460 Esther, Eosene, and Eleanor Bailly • 500 00 7461 Sophia, Hortense, and Theresa Bailly 1, 000 00 7462 Eosa and Mary, children of Hoo-mo-nigah, -wife of 7463 Stephen Mack 600 00 7464 Jean Bt. Eabbu's children 400 00 7465 Francis Chevallier's children 800 00 7466 Mrs. Nancy Jamison and child 800 00 7467 Co-pah, son of Archange 250 00 7468 Martha Burnett, (E. A. Forsyth, trustee) 1, 000 00 7469 Isadore Ohabert's child, (G-. S. Hubbard trustee) .... 400 00 7470 Chee-bee-quai, or Mrs. Allen 500 00 7471 Luther Eice and children 2, 500 00 7472 John Jones.. 1,000 00 7473 Pierre Corbonno's children 800 00 7474 Pierre Chalipeaux's children 1, 000 00 7475 Phcebe Treat and children 1,000 00 7476 Eobert Forsyth, of St. Louis, Mo .- 500 00 ^^^^ Alexander Eobinson ^ ^^"'^ '^^^''^^ *« ^^O^^, and } . ^^^ ^^ 7478 ^.„ ^ ,^ „ <^ the sum of $10,000 thus de- }. ' „ „„ 7479 B^"y 0^^*i^«ll ■- [ductedpaidto[heIndia.ns. ] . ^«'««*^ '' 7480 Joseph Latramboise 3,000 00 7481 Nis noan see, (B. B. Kercheval, trustee) 200 00 7482 Margaret Hall 1,000 00 169 7483 James, Willifim, David, and Sarali, children of 7484 Margaret Hall $3, 200 00 7485 Margaret Ellen Miller, Mout- ^ for each of whom ] 7486 gomery Miller, and Fiuly j Eicbard J. Hamil- I 7487 Miller, grandchildren of Uon, of Chicago, is f 800 00 7488 Margaret Hall. ^trustee; "i 748& Jean Letendre's children 7490 Bernard Grignon , 7491 Josette Polier 7492 Joseph Vieux, Jacques Vieux, Louis Vieux, and i 7493 Josette Vieux, each $100. j 7494 Angelique Hardwick's children 7495 Joseph Bourassa and Mark Bourassa 7496 Jude Bourassa and Therese Bourassa 7497 Stephen Bourassa and Gabriel Bourassa 7498 Alexander Bourassa and James Bourassa 7499 Elai Bourassa and Jerome Bourassa 7500 M. D. Bourassa 7501 Ann Eice and her son William M. Eice, and nephew, 7502 John Leib 7503 Agate Biddle and her children 7504 Magdaline Laframboise and her sou 7505 Therese Schandler 7506 Joseph Dailly's son and daughter, Eobert and 7507 Therese 7508 Therese La we and George La we 7509 David Lawe and Eachel Lawe 7510 Eebecca Lawe and Maria Lawe 7511 Polly Lawe and Jane Lawe 7513 Appotone Lawe 7513 Angelique Vieux and Amable Vieux 7514 Andre Vieux and Nicholas Vieux 7515 Pierre Vieux and Maria Vieux 7516 Madaline Thibeault 7517 Paul Vieux and Joseph Vieux 7518 Susanne Vieux 7519 Louis Grignon and his son Paul 7520 Paul Grignon, sen'r, and Annable Griguon 7521 Perish and Eobert Grignon - 7522 Gatis Grignon and Elizabeth Grignon 7523 Ursul Grignon and Charlotte Grignon 7524 Louise Grignon and Eachel Grignon . . , 7325 Agate Porlier and George Grignon 7526 Amable Grignon and Emily Grignon 7527 Therese Griguon and Simon Grignon 7528 William Burnett (B. B. Kercheval, trustee) 22 IT 200 00 100 00 100 00 400 00 1, 800 00 200 00 200 00 200 00 200 00 200 00 100 00 1,000 00 900 00 400 00 200 00 500 00 200 00 200 00 200 00 200 00 100 00 200 00 200 00 200 00 100 00 200 00 100 00 200 00 200 00 200 00 200 00 200 00 200 CO 200 00 200 00 200 00 1,000 00 170 7529 Shan-na-nees $400 00 7530 Josette Beaubien 500 00 7531 For tbe Chippewa, Ottawa, and Potawatomie stu- \ 7532 deuts at the Choctaw Academy, the Hon. E. > 5, 000 00 7533 M. Johnson to be the trustee. ' 7534 James and Eichard J. Connor 700 00 7535 Pierre Duverney and children 300 00 7536 Joshua Boyd's children, (Geo. Boyd, esq., to be the 7537 trustee) 500 00 7538 Joseph Bailly 4,000 00 7539 E.A.Forsyth 3,00000 7540 Gabriel Godfroy 2,420 00 7541 Thomas E. Covin 1,300 00 7542 George Hunt 750 00 7543 James Kinzie 5,000 00 7544 Joseph Chaunier 550 00 7545 John and Mark Noble 180 00 7546 Alexis Provansalle 100 00 7547 7548 One hundred thousand dollars $100, 000 00 7549 Schedule "B." — (Eeferred to in the treaty coutaiiiing the 7550 sums payable to individuals, on claims admitted to be justly 7551 due, and directed to be paid.) 7552 Brewster Hogan & Co $343 00 7553 John S. 0. Hogan 50 00 7554 Frederick H. Contraman 200 00 7555 Brookfleld & Bertrand 100 00 7556 E. E. Heacock 100 00 7557 George W. McClure, U. S. A 125 00 7558 David McKee ' 180 00 7559 Oliver Emmell 300 00 7560 George Hollenbeck 100 00 7561 Martha Gray.-, 78 00 7562 Charles Taylor 187 00 7563 Joseph Naper 71 00 7564 John Mann 200 00 7505 James Walker 200 00 7560 John Blackstone 100 00 7567 Harris & McCord 175 00 7568 George W. Dole : 133 00 7569 George Haverhill 60 00 7570 William Whistler, U. S. A..,. w 1,000 00 7571 Sqniio Thompson 100 00 7572 0. C. Trowbridge 2,000 00 7573 Louis Druillard 350 00 7574 Abraham Francis 25 00 171 7575 D. E. Bearss & Co $250 00 7676 Dr. E. Winslow 150 00 7577 Mcholas Klinger 77 00 7578 Joseph Porthier £00 00 7579 Clark Hollenbeck 50 00 7580 Henry Euslen 75 CO 7581 Eobert A. Kinzie 1, 216 00 7582 Joseph Ogie 200 00 7583 Thomas Hartzell 400 00 7584 Calvin Britain 40 00 7585 Benjamin Fry 400 00 7586 Pierre P. Navarre.... 100 00 7587 0. H. Chapman 30 00 7588 James Kinzie 300 00 7389 G.S.Hubbard 125 00 7590 Jacque Jenveaux 150 00 7591 John B. Da Charme 55 00 7592 John Wright, 15 00 7593 James Galloway 200 00 7594 William Marquis 150 00 7595 Louis Chevalier, adm'r of J. B. Chevalier, dec'd. . 112 00 7596 Solomon McCullough 100 00 7597 Joseph Curtis , 50 00 7598 Edward E. Hunter 90 00 7599 EachelLegg 25 00 7600 Peter Lamseet 100 00 7601 Eobert Beresford ." 200 00 7602 G.W.&W. Laird 150 00 7603 M.B. Beaubien 440 00 7604 Jeduthan Smith 60 00 7605 Edmund Weed 100 00 7606 Philip Maxwell, U. S. A " 35 00 7607 Henry Gratiot 116 00 7608 Tyler K. Blodgett 50 00 7609 XehemiahKing 125 00 7610 S.P.Brady 188 00 7611 James Harrington 68 00 7612 Samuel EUice 50 00 7613 Peter Menard, Maumee 500 00 7614 John W. Anderson 350 00 7615 David Bailey 50 00 7616 Wm. G. Knaggs 100 00 7617 JohnHively 150 00 7618 John B. Bertrand, sen'r 50 00 7619 Eobert A. Forsyth 3,000 00 7620 Maria Kercheval 3,000 00 172 7621 Alice Hunt $3,000 00 7622 Jane 0. Forsyth 3,000 00 7623 John H. Kiuzie 5, 000 00 7624 Ellen M. Wolcott 5,000 00 7625 MariaHunter. 5,00000 7626 Kobert A. Kinzie 5, 000 00 7627 Samuel Godfrey 120 00 7628 John B. Sohwarz 4, 800 00 7629 Joseph Loranger 5,000 00 7630 H. B. and G. W. noffraau 358 00 7631 Phelps & Wendell 660 00 7632 Henry Johns 270 00 7633 Benjamin C. Hoyt 20 00 7634 John H. Kiuzie, in trust for the heirs of Jos. Mi- 7635 randa, dec'd 250 00 7636 Francis Bourbonnais, sen'r 500 00 7637 Francis Burbonuais, jun'r 200 00 7638 E. A. Forsyth, in trust for Catherine McKenzie. . . 1, 000 00 7639 James Laird ' 50 00 7640 Montgomery Evans 250 00 7641 Joseph Bertrand,jr 300 00 7642 George Hunt 900 00 7643 Benjamin Sherman 150 00 7644 W. and F. Brewster, assignees of Joseph Bertrand, 7645 sen'r 700 00 7646 John Forsyth, in trust for the heirs of Charles 7647 Peltier, dec'd 900 00 7648 William Hazard 30 00 7649 James Shirley 125 00 7650 Jacob Platter 25 00 7651 JohnB. Bourie 2,500 00 7652 B. B. Kercheval 1, 500 00 7653 Charles Lucier 75 00 7654 Mark Beaubien 500 00 7655 Catharine Stewart 82 00 7656 Francis Mouton 200 00 7657 Dr. William Brown 40 00 7658 E. A. Forsyth, in trust for heirs of Charles Guiou. 200 00 7659 Joseph Betrand, sen'r 652 00 7660 Moses Eice 800 00 7661 James Connor 2,250 00 7662 John B. Du Charme 250 00 7663 Coquillard & Comparet 5,000 00 7664 Eichard J. Hamilton 500 00 7665 Adolphus Chapin 80 00 7666 John Dixon 140 00 173 7667 Wm. Huff $81 00 7668 Stephen Mack, in trust for the heirs of Stephen 7669 Mack, deceased 7670 Thomas Forsyth 7671 Felix Fontaine 7672 Jacque Mete 7673 Francis Boucher 7674: Margaret Helm 7675 O. P. Lacy 7676 Henry and Eichard J. Connor , 7677 James W. Craig 7678 E. A. Forsyth, (Manmee) 7679 Antoine Peltier do 7680 E. A. Forsyth, in trnst for Wauseon-oquet ....... 7681 John E.Hunt 7682 Payne C. Parker 7683 Isaac Hull 7684 Foreman Evans 7685 Horatio N. Cnrtis 7686 lea Eice 7687 Thomas P. Quick .' 7688 George B, Woodcox 7689 John Woodcox 7690 George B. Knaggs 7691 Ebenezer Eead 7692 George Pomeroy , 7693 Thomas K. Green 7694 William Mieure, in trust for Willis Fellows 7695 Z. Cicott 7696 John Johnson 7697 Antoine Antilla 7698 JohnBaldvvin 7699 Isaac G. Bailey 7700 James Cowen 7701 Joseph D. Lane 7702 T. E. Phelps 7703 Edmund Eoberts 7704 Augustus Bona 7705 B. C. Winter «& Co 7706 Charles W. Ewing 7707 Antoine Ouilmett 800 00 7708 John Bt. Chandonai, ($1,000 of this sum to be paid 7709 to Eobert Stuart, agent of American Fur Com- 7710 pany, by the particular request of ^ho. B. Chan- 7711 donai) 2, 500 00 7712 Lowriu Marsh - 3, 290 00 500 00 1 ,500 00 200, 00 200 00 250 00 2 ,000 00 1 , 000 00 1 , 500 00 50 00 1 , 300 00 200 00 300 00 1 , 450 00 70 00 1 , 000 00 32 00 300 00 250 00 35 00 60 00 40 00 1, , 400 00 100 00 150 00 70 00 500 00 1, ,800 00 100 00 100 00 500 00 100 00 35 00 50 00 250 00 50 00 60 00 1, 850 00 200 00 174 7713 P. & J. J. Godfrey $2, 000 00 7714 David Hull 500 00 7715 Andrew Drouillard 500 00 7716 Jacob Beeson & Co 220 00 7717 Jacob Beeson 900 00 7718 John Anderson 600 00 7719 John Green 100 00 7720 James B. Campbell 600 00 7721 Pierre Menard, jun., in right of G. W. Campbell . . 250 00 7722 George E. Walker 1,000 00 7723 Joseph Thebault 50 00 7724 Gideon Lowe, U. S. A 160 00 7725 Pierre Menard, jun 2, 000 00 7726 John Tharp 45 00 7727 Pierre Menard, jr., in trust for Marie Tremble . . . . 500 00 7728 Henry B. Stillm an 300 00 7729 John Hamblin 500 00 7730 Francois Pag6 100 00 7731 George Brooks 20 00 7732 Franklin McMillan , 100 00 7733 Lorance Sliellhouse 30 00 7734 Martin G. Shellhouse 35 00 7735 PeterBellair 150 00 7736 Joseph Morass 200 00 7737 John I. Wendell 2, 000 00 7738 A. T. Hatch 300 00 7739 Stephen Downing 100 00 7740 SamuelMiller 100 00 7741 Moses Hardwick 75 00 7742 Margaret May 400 00 7743 Frances Felix 1,100 00 7744 John B. Bonrie 500 00 7745 Harriet Ewing 500 00 7746 I^ancyHedges 500 00 7747 David Bourie 500 00 7748 Caroline Ferry 500 00 7749 Bowrie&Minie 500 00 7750 Charles Minie 600 00 7751 Francis Minie 700 00 7752 David Bourie 150 00 7753 Henry Ossum Eeed 200 00 7754 Frangoise Bezion 2, 500 00 7755 Dominique Eousseau 500 00 7756 Hanna & Taylor 1, 570 00 7757 John P. Hedges 1,000 00 7758 Francois Chobare 1, 000 00 175 7759 Isadore Chobare $600 CO 7760 Jacob Leephart 700 00 7761 AmosAmsden 400 00 7762 Nicholas Boilvin 350 00 7763 Archibald Clyburn , 200 00 7764 William Conner, (Michigan) 70 00 7765 Tunis S. Wendall 500 00 7766 Noel Vasseur 800 00 7767 James Abbott, agent of the American Fur Com- 7768 pany 2, 300 00 7769 Eobert Stewart, agent of the American Fur Com- 7770 pany 17, 000 00 7771 Solomon Jeauneau 2, 100 00 7772 John Bt. Beaubin 250 00 7773 Stephen Mack, jr 350 00 7774 John Lawe 3,000 00 7775 Alexis Larose 1, 000 00 7776 Daniel Whitney 1,350 00 7777 P.&A. Grignon 650 00 7778 Louis Grignon 2,000 00 7779 Jacques Vieux 2,000 00 7780 Laframboise & Bourassa 1,300 00 7781 Heirs of N. Bolvin, deceased 1, 000 00 7782 John K. Clark 400 00 7783 William G. & G. W. Ewing 5,000 00 7784 Eufus Hitchcock 400 00 7785 Eeed and Coons 200 00 7780 B. H. Laughton 1,000 00 7787 Eufus Downing 500 00 /788 Charles Eeed 200 00 7789 — : 7790 One hundred and seventy-five thousand dollars. $175,000 00 7791 The above claims have been admitted and directed to be 7792 paid only in case they be accepted in full of all claims and 7793 demands up to the present date. 7794 G. B. POETEE, 7795 TH. J. Y. OWEN, 7796 WILLIAM WEATHEEFOED. 7797 All the debts mentioned in the above Schedule B, and which 7798 were specified in Exhibit E to the report of the committee, to be 7799 examined by a commissioner to be appointed by the President, 7800 by and with the advice and consent of the Senate, and the indi- 7801 viduals to be paid only the sums found by said commissioner 7802 to be justly due, in no instance increasing the sum agreed to be 7803 paid ; and whatever sum is saved by deduction or disallowance 176 7804 of the debts iu Exhibit E to be paid to the Indians, and the 7805 residue to the claimants respectively. 7806 Agreeably to the stipulations contained in the 3d article 7807 of the treaty, there have been purchased and delivered, at the 7808 request of the Indians, goods, provisions, and horses, to the 7809 amount of sixty-five thousand dollars, (leaving the balance to 7810 be supplied in the year one thousand eight hundred and thirty- 7811 four, thirty-flve thousand dollars.) 7812 Articles supi)lementary to the treaty made at Chicago, in the State 7813 of Illinois, on the 26ih day of September, one thousand eight 7814 hundred and thirty-three, between George B. Porter, Thomas 7815 J. V. Owen, and William Weatherford, commissioners on the 7816 part of the United States, of the one part, and the United 7817 Nation of Chippewa, Ottowa, and Fotawatamie Indians, of the 7818 other part, concluded at the same place on the tiventy-seventh 7819 day of September, one thousand eight hundred and thirty-three, 7820 between the said commissioners on the part of the United 7821 States, of the one part, and the chiefs and head-men of the said 7822 United Nation of Indians, residing upon the reservations of 7823 land situated in the Territory of Michigan, south of Grand, 7824 River, of the other part. 7825 Article 1. The said chiefs and head-men cede to the United 7826 States all their laud situate in the Territory of Michigan south 7827 of Grand Eiver, being the reservation at Notawasepe of four 7828 miles square contained in the 3d clause of the 2d article of 7829 the treaty made at Chicago on the 29th day of August, 1821, 7830 and the ninety-nine sections of land contained in the treaty made 7831 at St. Joseph on the 19th day of September, 1827; and also the 7832 tract of laud on St. Joseph Eiver opposite the town of Niles, 7833 and extending to the line of the State of Indiana, on which the 7834 villages of Tope-ne-bee and Pobagon are situated, supposed to 7835 contain about forty-niue sections. 7836 Article 2. In consideration of the above cession, it is 7837 hereby agreed that the said chiefs and head-men, and their 7838 immediate tribes, shall be considered as parties to the said 7839 treaty to which this is supplementary, and be entitled to partici- 7840 pate in all the provisions therein contained, as a part of the 7841 United Nation; and further, that there shall be paid by the 7842 United States the sum of one hundred thousand dollars, to be 7843 applied as follows : 7844 Ten thousand dollars in addition to the general fund of one 7845 hundred thousand dollars, contained in the said treaty, to satisfy 7846 sundry individuals in behalf of whom reservations were asked 7847 which the commissioners refused to grant ; the manner in which 177 7848 the same is to be paid being set forth in the schedule " A," here 7849 unto annexed. 7850 Twenty-five thousand dollars in addition to the sum of one 7851 hundred and fifty thousand dollars contained in the said treaty, 7852 to satisfy the claims made against all composing the United 7853 Nation of Indians, which they have admitted to be justly due, 7854 and directed to be paid according to Schedule " B," to the treaty 7855 annexed. 7856 Twenty-five thousand dollars, to be paid in goods, provisions, 7857 and horses, in addition to the one hundred thousand dollars con- 7858 tained in the treaty. 7859 And forty thousand dollars to be paid in annuities of two 7860 thousand dollars a year for twenty years, in addition to the two 7861 hundred and eighty thousand dollars inserted in the treaty, and 7802 divided into payments of fourteen thousand dollars a year. 7863 Aeticle 3. All the Indians residing on the said reservations 7864 in Michigan shall remove therefrom within three years from this 7865 date, during which time they shall not be disturbed in their 7866 possession, nor in hunting upon the lands as heretofore. In the 7867 mean time no interruption shall be offered to the survey ai\d sale 7808 of the same by the United States. In case, however, the said 7809 Indians shall sooner remove, the Government may take immedi- 7870 ate possession thereof. 7871 Article 4. Stricken out. 7872 And provided that the lands given to the said Indians, in 7873 exchange, in place of being bounded in the manner described in 7874 tbe treaty, be so changed that the first line shall begin at the 7875 mouth of Boyer's River, and run down the Eiver Missouri to a 7876 point thereon from which a line running due east will strike the 7877 northwestern corner of the State of Missouri ; from that point 7878 due east till it strikes said northwest corner; then along the 7879 northern boundary-line of said State, till it strikes the line of the 7880 lands belonging to the Fox and Saclndians; thence northwardly, 7881 so far as to make to the Indians full compensation for the quan- 7882 tity of land which will be thus taken from them on the south- 7883 -western part of the tract allowed them by the boundaries as 7884 atprestnt described in the treaty; and provided, further, that 7885 this alteration of boundaries can be effected with the consent of 7886 the Indians. Also the said commissioner shall examine whether 7887 three thousand dollars, a part of the sum of seventeen thousand 7888 dollars directed to be paid to Robert Stuart, agent of the Ameri- 7889 can Fur Company, was to be paid and received in full discharge 7890 of all claims and demands which said company had against 7891 G-urdon S. Hubbard and James Kinzie ; and if he finds it was to 7892 be so paid, that then the sum of fourteen thousand dollars, only, 7893 be paid, until said agent of said company give a receipt of all 23 I T 178 7894 debts due, and demands which said company had against said 7895 Hubbard and Kinzie; and, upon giving such receipt, that then 7896 the said sum of three thousand dollars be likewise paid to said 7897 agent. 7898 These supplementary articles, after the same shall have been 7899 ratified by the President and Senate of the United States, shall 7900 be binding on the contracting parties. 7901 Schedule "A." — (Referred to in the article supplementary 7902 to the treaty, containing the sums payable to individuals, in lieu 7903 of reservations of land.) 7904 Po-ka-gon $2, 000 00 7905 Eebecca Burnett, ) ^^^ ^^^^^ ^^^^^^^ ^^^^^^^ ( 500 00 7906 Mary Burnett J ' (250 00 7907 Martha Burnett (E. A. Forsyth, trustee) 250 00 7908 Madaline Bertrand 200 00 7909 Joseph Bertrand, junr '. 200 00 7910 Luke Bertrand, junr 200 00 7911 Benjamin Bertrand 200 00 7912 Lawrence Bertrand : 200 00 7913- Theresa Bertrand 200 00 7914 Amable Bertrand 200 00 7915 Julianne Bertrand 200 00 7916 Joseph H. Bertrand 100 00 7917 Mary M. Bertrand 100 00 7918 M. L. Bertrand 100 06 7919 John B. Du Oharme 200 00 7920 Elizabeth Du Charme, (E. A. Forsyth, trustee) 800 00 7921 George Henderson 400 09 7922 Mary Nado and children 400 00 7923 John Bt. Chandonai 1,000 00 7924 Charles Chandonai, ) For each of whom E. A. ( 400 00 7925 Mary Chandonai, i Forsyth is trustee. ( 400 00 7926 Mary St. Comb and children 300 00 7927 Sa-gen-nais' daughter 200 00 7928 Me-chain, daughter of Peche co 200 00 7929 Alexis Eolan 200 00 7930 Polly Neighbush 200 00 7931 Francois Page's wife and children 200 00 7932 Pierre F. Navarre's children 100 00 7933 Jarmont, (half-breed) 100 00 7934 7935 Ten thousand dollars $10,000 00 7936 Agreeably to the stipulations contained in the articles sup- 7937 plementary to the treaty, there have been purchased and de- 7938 livered at the request of the Indians, goods, provisions, and 179 7939 horses to the amount of flfteeu thousand dollars, (leaving the 7940 balance to be supplied hereafter ten thousand dollars.) 7941 And as, since the signing of the treaty, a part of the band 7942 residing on the reservations in the Territory of Michigan have 7943 requested, on account of their religious creed, permission to re- 7944 move to the northern part of the peninsula of Michigan, it is 7945 agreed that in case of such removal the just proportion of all 7946 annuities payable to them under former treaties, and that arising 7947 from the sale of the reservation on which they now reside, shall 794S be paid to them at L'arbre Oroche. 7949 The commissioners certify that when these supplementary 7950 articles were ready for signature, the original paper, of which 7951 the annexed is a copy, was presented by Messrs. Peter and 7952 James J. Godfroy, and the due execution of it was made sat- 7953 isfactorily appear to the commissioners, the subscribing wit- 7954 nesses, E. A. Forsyth and Robert A. Kinzie, being present. The 7955 chiefs and headmen present recognizing this as a reservation, 7956 it was agreed that it shall be considered in the same light as 7957 though the purport of the instrument had been inserted in the 7958 body of the treaty; with the understanding that the rejection 7959 of it by the President and Senate of the United States shall not 7960 affect the validity of the treaty. 7961 Know all men by these presents that we, the undersigned 7962 chiefs and young men of thePotawatamie tribe of Indians living 7963 at Na-to-wa-sepe, in the Territory of Michigan, for and in con- 7964 sideration of the friendship and sundry services rendered to us 7965 by Peter and James J. Godfroy, we do hereby by these presents 7966 give, grant, alien, transfer, and convej' unto the said Qodfroys, 7967 their heirs and assigns forever, one entire section of land situate, 7968 lying, and being on our reserve of Na-to-wa-se-pe, iu the Terri- 7969 tory aforesaid, to be located by said Godfroys wherever on said 7970 reserve they shall think it more to their advantage and benefit. 7971 It is moreover the wishes of the undersigned chiefs and 7972 young men as aforesaid, that so soon as there" shall be a treaty 7973 held between the Cnited States and our said tribe of Potawat- 7974 amies, that our Great Father, the President, confirm and make 7975 good this our grant unto them, the said Godfroys, by issuing 7976 a patent therefor to them and to their heirs forever. 7977 In so doing our Great Father will accomplish the wishes of 7978 his children. 7979 Ghica&o, Illinois, October 1, 1834. 7980 Tflo. J. V. Owen, Esq., 7981 United States Indian Agent : 7982 Father : Feeling a disposition to comply with the resolu- 7983 tion of the Senate of the United States, and the views of the 7984 Government iu relation to an alteration in the boundaries of 180 7985 the country ceded to the united nation of Chippewa, Ottawa, 7986 and Potawataraie Indians at the treaty at Chicago, in the State 7987 of Illinois, concluded on the 26th and 27th days of September, 7988 1833 : we therefore propose, as the chiefs of the said united 7989 nation, and for and on their behalf, that we will accept of 7990 the following alteration in the boundaries of the said tract of 7991 country, viz : Beginning at the mouth of Boyer's Elver; thence 7992 down the Missouri Eiver, to a point thereon, from which a 7993 due east line would strike the northwest corner of the State 7994 of Missouri ; thence along the said east line, to the north- 7995 west corner of said State; then along the northern bound- 7996 ary-line of the said State of Missouri, till it strikes the line of 7997 the lands of the Sac and Fox Indians ; thence northwardly along 7998 said line to a point from which a west line would strike the 7999 sources of the Little Sioux Eiver ; thence along said west line, 8000 till it strikes the said sources of said river : then down said river 8001 to its mouth ; thence down the Missouri Eiver, to the place of 8002 beginning : Provided the said boundary shall contain five million 8003 of acres ; but should it contain more, then said boundaries are 8004 to be reduced so as to contain the said five millions of acres. 8005 And, in consideration ot the alteration of said boundary we 8000 ask that ten thousand dollars should be paid to such commis- 8007 sioner as shall be designated by us to receive the same west of 8008 the Mississippi Eiver, at such place on the tract of country ceded 8009 to the said United Nation as we may designate, and to be applied 80.0 as we may direct for the use and benefit of the said nation. And 8011 the further sum of two thousand dollars to be paid to Gholson 8012 Kercheval, of Chicago, Illinois, for services rendered the said 8013 United Nation of Indians during the late war between the United 8014 States Government and the Sacs and Poxes ; and the further 8015 sum of one thousand dollars to George B. Walker for services 8016 rendered the said United Nation in bringing Indian prisoners 8017 from west of the Mississippi Eiver to Ottawa, Laselle County, 8018 Illinois, for whose appearance at the circuit court of said county 8019 the said nation was bound. 8020 The foregoing propositions are made with the expectation 8021 that with the exception of the alteration in the proposed bound- 8022 ary, and the indemnity herein demanded as an equivalent for 8023 said exchange, the whole of the treaty made and concluded at 8024 this place on the 26th and 27th day.s of September, 1833, be rat- 8025 ifled as made and concluded at that time, within the space of 8'J26 five months from the present date ; otherwise it is our wish that 8027 the whole of the said treaty should be considered as cancelled. 8028 " That the Senate do advise and consent to the alteration 8929 proposed by the chiefs of the united nation of Chippewa, Ottawa, 8030 and Pottawattamie Indians, concluded at Chicago, in the State 181 8031 of Illinois, ou the first day of October, 1834, to tlie treaty con- 8032 eluded between the commissioners on the part of the United 8033 States and the chiefs of the said united nation on the 26th of 8034 September, 1833, it being expressly understood by the Senate 8035 that no other of the provisions of the resolution of the Senate 8036 of the 22d day of May, 1834, ratifying the said treaty, shall be 8037 affected, or in any manner changed, by the said proposed alter- 8038 ation of 1st October, 1834, excepting the proposed alteration in 8039 the boundaries therein mentioned, and the suras of money therein 8040 stipulated to be paid." 8041 Proclaimed February 21, 1835. 8042 Whereas the various bands of the Pottowautomie Indians, 8043 known as the Chippewas, Ottawas, and Pottowautomies, the 8044 Pottowa;utomies of the Prairie, the Pottowautomies of the 8045 Wabash, and the Pottowautomies of Indiana, have, subsequent 8046 to the year 1828, entered into separate and distinct treaties with 8047 the United States, by which they have been separated and 8048 located in different countries, and difiiculties have arisen as to 8049 the proper distribution of the stipulations uuder various treaties, 8050 and being the same people by kindred, by feeling, and by lan- 8051 guage, and having, in former periods, lived on and owned their 8052 lands in common, and being desirous to unite in one common 8053 country, and again become one people, and receive their annui- 8054 ties and other benefits in common, and to abolish all minor 8055 distinctions of bands by which they have heretofore been divided, 8056 and are anxious to be known only as the Pottowautomie Nation, 8067 thereby reinstating the national character ; and 8058 Whereas the United States are also anxious to restore aud 8059 concentrate said tribes to a state so desirable and necessary for 8060 the happiness of their people, as well as to enable the Govern- 8061 meut to arrange and manage its intercourse with them : 8062 Now, therefore, the United States and the said Indians do 8063 hereby agree that said people shall hereafter be known as a 8064 nation, to be called the Pottowautomie Nation; and to the 8065 following 8066 Articles of a trcait/ made and concluded at the Agency on the Mis- 8067 souri River, near Council Bluffs, on the fifth day of June, 8068 and at Pottawatomie Greek, near the Osage Biver, south and 8069 icest of the State of Missouri, on the seventeenth day of the same 8070 month, in the year of our Lord one thousand eight hundred and 8071 forty-six, between T. P. Andrews, Thomas H. Harvey, and 8072 Gideon G. MatlocTc, commissioners on the part of the United 8073" States on the one pa/rt, and the various bands of the Pottotoau- 8074 tomie, Ghippewas, and Ottoioas Indians on the other part : 182 8075 Article 1. It is solemnly agreed that the peace and f'riend- 8076 ship which so happily exist between the people of the United 8077 States and the Pottowautomie Indians shall continue forever ; 8078 the said tribes of Indians giving assurance, hereby, of fidelity and 8079 friendship to the Government and people of the United States, 8080 and the United States giving, at the same time, promise of all 8081 proper care and parental protection. 8082 Article 2. The said tribes of Indians hereby agree to sell 8083 and cede, and do hereby sell and cede to the United States, all 8084 the lands to which they have claim of any kind whatsoever, 8085 and especially the tracts or parcels of lands ceded to them by 8086 the treaty of Chicago, and subsequent thereto, and now, in 8087 whole or in part, possessed by their people, lying and being 8088 north of the river Missouri, and embraced in the limits of the 8089^ Territory of Iowa ; and also all that tract of country lying and 8090 being on or neat the Osage Eiver, and west of the State of Mis- 8091 souri; it being understood that these cessions are not to affect 8092 the title of said Indians to any grants or reservations made to 8093 them by former treaties. 8094 Article 3. In consideration of the foregoing cessions or 8095 sales of land to the United States, it is agreed to pay to said 8096 tribes of Indians the sum of eight hundred and fifty thousand 8097 dollars, subject to the conditions, deductions, and liabilities 8098 provided for in the subsequent articles of this treaty. 8099 Article 4. The United States agree to grant to the said 8100 united tribes of Indians possession and title to a tract or par- 8101 eel of land containing five hundred and seventy-six thousand 8102 acres, being thirty miles square, and being the eastern part of 8103 the lands ceded to the United States by the Kansas tribe of In- 8104 dians, by treaty concluded on the 14th day of January, and rati- 8105 fied on the 15th of April of the present year, lying adjoining 8106 the Shawnees on the south, and the Delawares and Shawnees on 8107 the east, on both sides of the Kansas Eiver, and to guarantee 8108 the full and complete possession of the same to the Pottowauto- 8109 mie Nation, parties to this treaty, as their land and home for- 8110 ever ; for which they are to pay the United States the sum 8111 of eighty-seven thousand dollars, to be deducted from the gross 8112 sum promised to them in the 3d article of this treaty. 8113 Article 5, The United States agree to pay said nation of 8114 Indians, at the first annuity payment after the ratification of 8115 this treaty, and after an appropriation shall have been made 8116 by Congress, the sum of fifty thousand dollars, out of the 8117 aggregate sum granted in the third article of this treaty to en- 8118 able said Indians to arrange their affairs, and pay their just 8119 debts, before leaving their present homes ; to pay for their im- 8120 provements ; to purchase wagons, horses, and other means of 183 8121 transportation, and pay individuals for the loss of property 8122 necessarily sacrificed in moving to their new homes; said sum 8123 to be paid, in open council, by the proper agents of the United 8124 States, and in such just proportions to each band as the Presi- 8125 dent of the United States may direct. 8126 AuTiOLE 6. The said tribes of Indians agree to remove to 8127 their new homes on the Kansas Eiver, within two years from the 8128 ratification of this treaty ; and further agree to set apart the sum 8129 of twenty thousand dollars to the upper bands, (being ten dol- 8130 lars per head,) and ten thousand dollars to the lower bands, 8131 (being five dollars pef head,) to pay the actual expenses of re- 8132 moving ; and the sum of forty thousand dollars for all the bands, 8133 as subsistence money, for the first twelve months after their 8134 arrival at their new homes ; to be paid to them so soon as their 8135 arrival at their new homes is made known to the Government, 8136 and convenient arrangements can be made to pay the same be- 8137 tween the parties to this treaty ; the aforesaid sums to be also 8138 deducted from the aggregate sum granted by the United States 8139 to said tribes of Indians by the 3d article of this treaty. 8140 Article 7. The balance of the said sum of eight hundred 8141 and fifty thousand dollars, after deducting the cost of removal 8142 and subsistence, &c., it is agreed shall remain with the United 8143 States, in trust for said Indians, and an interest of five per cent. 8144 annually paid thereon, commencing at the expiration of one 8145 year after the removal of said Indians, and continuing for thirty 8146 years, and until the nation shall be reduced below one thousand 8147 souls. If, after the expiration of thirty years, or any period 8148 thereafter, it shall be ascertained that the nation is reduced 8149 . below that number, the said annuity shall thenceforth be paid 8150 pro rata so long as they shall exist as a separate and distinct 8151 nation, in proportion as the present number shall bear to the 8152 number then in existence. 8153 Article 8. It is agreed upon by the parties to this treaty 8154 that, after the removal of the Pottowautomie Nation to the 8155 Kansas country, the annual interest of their "improvement 8156 fund" shall be paid out promptly and fully, for their benefit, at 8157 their new homes. If, however, at any time thereafter, the Pres- 8158 ident of the United States shall be of opinion that it would be 8159 advantageous to the Pottowautomie Nation, and they should 8160 request the same to be done, to pay them the interest of said 8161 money in lieu of the employment of persons or i^urchase of ma- 8162 chines or implements, he is hereby authorized to pay the same, 8163 or any part thereof, in money, as their annuities are paid at the 8164 time of the general payments of annuities. It is also agreed 8165 that, after the expiration of two years from the ratification of 8166 this treaty, the school-fund of the Pottowautomies shall be ex- 184 8167 pended entirely ia their own country, unless their people, in 8168 council, should, at any time, express a desire to have any part 8169 of the same expended in a different manner. 8170 Article 9. It is agreed by the parties to this treaty that 8171 the buildings occupied as a missionary establishment, including 8172 twenty acres of land now under fence, shall be reserved for the 8173 use of the Government agency; also the houses used for black- 8174 smith house and shop shall be reserved for the use of the Pot- 8175 towautomie smith ; but should the property cease to be used for 8176 the aforementioned purposes, then it shall revert to the use of 8177 the Pottowautomie Nation. 8178 Article 10. It is agreed that hereafter there shall be paid 8179 to the Pottowautomie Nation, iinnually, the sum of three hun- 8180 dred dollars, in lieu of the two thousand pounds of tobacco, flf- 8181 teen hundred pounds of iron, and three hundred and fifty 8182 pounds of steel, stipulated to be paid to the Pottowautomies 8183 under the third article of the treaty of September 20, 1828. 8184 Proclaimed July 22, 1846. 8185 CHIPPEVVAS, TVYANDOTS, DELAWAEBS, ETC. 8186 A treaty of peace hetween the United States of America and the 8187 tribes of Indians called the Wyandots, Delawares, Shawanoes, 8188 Ottawas, Chippewas, Putawatimes, M-iamis, Eel-river, Weea's, 8189 Kiolcapoos, PianTcashaws, and KaslcasMans. 8190 To put an end to a destructive war, to settle all controversies, 8191 and to restore harmony and a friendly intercourse between the 8192 said United States and Indian tribes, Anthony Wayne, major- 8193 general, commanding the Army of the United States, and sole 8194 commissioner for the good purposes above mentioned, and the 8195 said tribes of Indians, by their sachems, chiefs, and warriors, 8196 "met together at Greeneville, the headquarters of the said Army, 8197 have agreed on the following articles, which, when ratified by 8198 the President, with the advice and consent of the Senate of the 8199 United States, shall be binding on them and the said Indian 8200 tribes. 8201 Article 1. Henceforth all hostilities shall cease ; peace is 8202 hereby established, and shall be perpetual ; and a friendly inter- 8203 course shall take place between the said United States and In- 8204 dian tribes. 8205 Article 2. All prisoners shall onboth sides be restored. The 8206 Indians, prisoners to the United States, shall be immediately 8207 set at liberty. The people of the United States still remaining 185 ,8208 prisoners among the Indians sliall be delivered up in ninety 8209 days from the date hereof, to the general or commanding oflficer 8210 at Greeneville, Fort Wayne, or Fort Defiance ; and ten chiefs 8211 of the said tribes shall remain at Greeneville as hostages, until 8212 the delivery of the prisoners shall be effected. 8213 Article 3. The general boundary-line between the lands of 8214 the said Indian tribes shall begin at the mouth of Cayahoga 8215 Eiver, and run thence up the same to the portage between that S21G and the Tuscarawas branch of the Muskingum ; thence down 8217 that branch to the crossing-place above Fort Lawrence ; thence 8218 westerly to a fork of that braflch of the Great Miami Eiver run- 8219 ning into the Ohio, at or near which fork stood Loromie's store, 8220 and where commences the portage between the Miami of the 8221 Ohio, and Saint Mary's Eiver, which is a branch of the Miami, 8222 which runs into Lake Erie; thence a westerly course to Fort 8223 Eecovery, which stands on a branch of the Wabash ; then 8224 south-westerly in a direct line to the Ohio, so as to intersect that 8225 river opposite the mouth of Kentucke or Cuttawa Eiver. And 8226 in consideration of the peace now established ; of the goods 8227 formerly received from the United States ; of those now to be 8228 delivered, and of the yearly delivery of goods now stipulated to 8229 be made hereafter, and to indemnify the United States for the 8230 injuries and expences they have sustained during the war, the 8231 said Indian tribes do hereby cede and relinquish forever all 8232 their claims to the lands lying eastwardly and southwardly of 8233 the general boundary-line now described; and these lands, or 8234 any part of them, shall iievei; hereafter be made a cause or pre- 8235 fence, on the part of the said tribes or any of them, of war or 8230 injury to the United States, or any of the people thereof. 8237 And for the same considerations, and as an evidence of the 8238 returning friendship of the said Indian tribes, of their confidence 8239 in the United States, and desire to provide for their accommoda- 8240 tion, and for that convenient intercourse which will be beneficial 8241 to both parties, the said Indian tribes do also cede to the United 8242 States the following pieces of land, to wit : (1.) One piece of 8243 land six miles square at or near Loromie's store before mentioned . 8244 (24) One piece two miles square at the head of the navigable 8245 water or landing on the St. Mary's Eiver^ near Girty's town. 8246 (3.) One piece six miles square at the head of the navigable 8247 water of the Au-Glaize Eiver. (4.) One piece six miles square 8248 at the confluence of the Au-Glaize and Miami rivers, where Foit 8249 Defiance now stands. (5.) One piece six miles square at or near 8250 the confluence of the rivers St. Mary's and St. Joseph's, where 8251 Fort Wayne now stands, or near it. (6.) One piece two miles 8252 square on the Wabash Eiver at the end of the portage from the 8253 Miami of the lake, and about eight miles westward from Fort 24 I T 186 8254 Wayne. (7.) One piece six miles square at the Oaatanon or old 8255 Weea towns on tlie Wabash Elver. (8.) Oue piece twelve miles 8256 square at the British fort on the Miami of the lake at the foot 8257 of the rapids. (9.) One piece six miles square at the mouth of 8258 the said river where it empties into the lake. (10.) Oue piece 8259 six miles square upon Sandusky Lake, where a fort formerly 8260 stood. (11.) One piece two miles square at the lower rapids of 8261 Sandusky Eiver. (12.) The post of Detroit and all the land to 8262 the north, the west, and the south of it, of which the Indian title 8263 has been extinguished by gifts or grants to the French or English 8264 governments; and so much more land to be annexed to the 8265 district of Detroit as shall be comprehended between the river 8266 Eosine on the south. Lake St. Clair on the north, and a line, the 8267 general course whereof shall be six miles distant from the west 8268 end of Lake Brie and Detroit Eiver. (13.) The post of Michilli- 8269 mackinac, and all the land on the island, on which that post 8270 stands, and the main land adjacent, of which the Indian title 8271 has been extinguished by gifts or grants to the French or Eng- 8272 lish governments ; and a piece of land on the main to the north 8273 of the island, to measure six miles on Lake Huron, or the streight 8274 between Lakes Huron and Michigan, and to extend three miles 8275 back from the water of the lake or streight, and also the island 8276 De Bois Blanc, being an extra and voluntary gift of the Chipewa 8277 Nation. (14.) One piece of land six miles square at the mouth 8278 of Chikago Eiver emptying into the southwest end of Lake 8279 ^Michigan, where a fort formerly stood. (15.) One piece twelve 8280 miles square at or near the ipouth of the Illinois Eiver, emptying 8281 into the Mississippi. (10.) One piece six miles square at the old 8282 Piorias fort and village, near the south end of the Illinois Lake 8283 on said Illinois Eiver. And whenever the United States shall 8284 think proper to survey and mark the boundaries of the lands 8285 hereby ceded to them, they shall give timely notice thereof to 8286 the said tribes of Indians, that they may appoint some of their 8287 wise chiefs to attend and see that the lines are run according to 8288 the terms of this treaty. 8289 And the said Indian tribes will allow to the people of the 8290 United States a free passage by land and by water, as one and 8291 the other shall be found convenient, through their country, along 8292 the chain of posts hereinbefore mentioned ; that is to say, from 8293 the commencement of the portage aforesaid at or near Loromie's 8294 store, thence along said portage to the St. Mary's, and down 8295 the same to Fort Wayne, and then down the Miami to Lake Erie : 8296 again from the commencement of the portage at or near Loro- 8297 mie's store along the portage from thence to the river Au-Glaize, 8298 and down the same to its junction with the Miami at Fort Defi. 8299 ance: again from the commencement of the portage aforesaid 187 8300 to Sandusky Eiver, and down the same to Sandusky Bay and 8301 Lake Erie, and from Sandusky to the post which shall be taken S302 at or near the foot of the rapids of the Miami of the lake ; and 8303 from thence to Detroit. Again from the mouth of Chikago to 8304 the commencement of the portage, between that river and the 8305 Illinois, and down the Illinois Eiver to the Mississippi ; also from 8306 Fort Wayne along the portage aforesaid which leads to the Wa- 8307 bash, and then down the Wabash to the Ohio. And the said 8308 Indian tribes will also allow to the people of the United States 8309 the free use of the harbours and mouths of rivers along the lakes 8310 adjoining the Indian lands, for sheltering vessells and boats, and 8311 liberty fo laud their cargoes where necessary for their safety. 8313 Article 4. In consideration of the peace now established 8313 and of the cessions and relinquishments of lauds made in the 8314 preceding article by the said tribes of Indians, and to manifest 8315 the liberality of the United States, as the great means of render- 8316 ing this peace strong and perpetual, the United States relinguish 8317 their claims to all other Indian lands northward of the river 8318 Ohio, eastward of the Mississippi, and westward and southward 8319 of the Great Lakes and the waters uniting them, according to 8320 the boundary-line agreed on by the United States and the King 8321 of Great Britain, in the treaty of peace made between them in 8322 the year 1783. But from this relinquishment by the United 8323 States the following tracts of land are explicitly excepted : 1st. 8324 The tract of one hundred and iifty thousand acres near the rapids 8325 of the river Ohio, which has been assigned to General Clark, for 8326 the use of himself and his warriors. 2d, The post of St. Vincennes 8327 on the river Wabash, and the lands adjacent, of which the 8328 Indian title has been extinguished. 3d. The lands at all other 8329 places in possession of the French people and other white set- 8330 tiers among them, of which the Indian title has been extinguished 8331 as mentioned in the 3d article; and 4th. The po^t of Fort Mas- 8332 sac, toward the mouth of the Ohio. To which several parcels of 8333 laud so excepted, the said tribes relinquish all the title and claim 8334 which they or any of them may have. 8335 And for the same considerations and with the same views 8336 as above mentioned, the United States now deliver to the said 8337 Indian tribes a quantity of goods to the value of twenty thou- 8338 sand dollars, the receipt whereof they do hereby acknowledge; 8339 and henceforward every year forever the United States will 8340 deliver at some convenient place northward of the river Ohio, 8341 like usefull goods, suited to the circumstances of the Indians, of 8342 the value of nine thousand five hundred dollars ; reckoning that 8343 value at the lirst cost of the goods in the city or place in the 8344 United States wherethey shall be procured. The tribes to which 188 8345 those goods are to be annually delivered, and the proportions in 8346 which they are to be delivered, are the following : 8347 1st. To the Wyandots, the amount of one thousand dollars. 8348 2d. To the Delawares, the amount of one thousand dollars. 3d. 8349 To the Shawauese, the amount of one thousand dollars. 4th. 8350 To the Miamis, the amount of one thousand dollars. 5th. To the 8351 Ottawas, the amount of one thousand dollars. 6th. TotheChip- 8352 pewas, the amount of one thousand dollars. 7th. To the Puta- 8353 watimes, the amount of one thousand dollars. 8th. And to the 8354 Kickapoo, Weea, Eel Eiver, Piankashaw and Kaskaskias tribes, 8355 the amount of five hundred dollars each : Provided, That if 8356 either of the said tribes shall hereafter, at an annual delivery of 8357 their share of the goods aforesaid, desire that a part of their 8358 annuity should be furnished in domestic animals, imi)lements of 8359 husbandry, and other utensils convenient for them, and in com- 8360 pensation to usefuU artificers who may reside with or near them, 8361 and be employed for their benefit, the same shall at the subse- 8362 quent annual deliveries be furnished accordingly. 8363 Article 5. To prevent any misunderstanding about the 8364 Indian lands relinquished by the United States in the fourth 8365 article, it is now explicitly declared that the meaning of that 8366 relinquishment is this: The Indian tribes who haVe a right 8367 to those lands are quietly to enjoy them, hunting, planting, and 8368 dwelling thereon so long as they please, witho ut any molestation 8369 from the United States; but when those tribes, or any of them, 8370 shall be disposed to sell their lands, or any part of them, they 8371 are to be sold only to the United States ; and untill such sale 8372 the United States will protect all the said Indian tribes in the 8373 quiet enjoyment of their lands against all citizens of the United 8374 States and against all other white persons who intrude upon the 8375 same. And the said Indian tribes again acknowledge them- 8376 selves to be under the protection of the said United States and 8377 no other power whatever. 8378 Article G. If any citizen of the United States, or any 8379 other white person or persons, shall presume to settle upon the 8380 lands now relinquished by the United States, such citizen or 8381 other person shall be out of the protection of the United States; 8382 and the Indian tribe on whose land the settlement shall be made 8383 may drive off the settler, or punish him in such manner as they 8384 shall think fit; and because such settlements made without the 8385 consent of the United States will be injurious to them as well 8386 as to the Indians, the United States shall be at liberty to break 8387 them up, and remove and punish thesettlers as they shall think 8388 xjroper, and so effect that protection of the Indian lands herein- 8389 before stipulated. 8390 Article 7. The said tribes of Indians, parties to this 189 8391 treaty, shall be at liberty to hunt withia the territory and lands 8392 which they have now ceded to the United States, without hin- 8393 drance or molestation, so long as they demean themselves peace- 8394 ably and offer no injury to the people of the United States. 8393 Akhcle 8. Trade shall be opened with the said Indian 8396 tribes; and they do hereby respectively engage to afford pro- 8397 tection to such persons, with their property, as shall be duly 8398 licensed to reside among them for the purpose of trade, and 8399 to their agents and servants ; but no person shall be permit- 8400 ted to reside at aify of their towns or hunting-camps as a 8401 trader who is not furnished with a license for that purpose 84013 under the hand and seal of the superintendent of the depart- 8403 ment northwest of the Ohio, or such other person as the Presi- 8404 dent of the United States shall authorize to grant such licenses, 8405 to the end that the said Indians may not be imposed on in their 8406 trade. And if any licensed trader shall abuse his privilege by 8407 unfair dealing, upon complaint and proof thereof, his license 8408 shall be taken from liim, and he shall be further punished ac- 8409 cording to the laws of the United States. And if any person 8410 shall intrude himself as a trader, without such license, the said 8411 Indians shall take and bring him before the superintendent or 8412 his deputy, to be dealt with according to law. And to prevent 8413 impositions by forged licenses, the said Indians shall at least 8414 once a year give information to the superintendent or his depu- 8415 ties of the names of the traders among them. 8416 Article 9. Lest the firm peace and friendship now estab- 8417 lished should be interrupted by the misconduct of individuals, 8418 the United States and the said Indian tribes agree, that for in- 8419 juries done by individuals on either side, no private revenge or 8420 retaliation shall take place; but, instead thereof, complaint shall 8421 be made by the party injured to the other ; by the said Indian 8422 tribes, or any of them, to the President of the United States, or 8423 the superintendant by him appointed ; and by the superintend- 8424 ent or other person appointed by the President," to the principal 8425 chiefs of the said Indian tribes, or of the tribe to which the offender 8426 belongs; and such prudent measures shall then be pursued as shall 8427 be necessary to preserve the said peace and friendship iinbrokeu, 8428 until the Legislature (or (Ireat Council) of the United States 8429 shall make other e(iuitable provision in the case, to the satis- 8430 faction of both parties. Should any Indian tribes meditate a war 8431 against the United States, or either of them, and the same shall 8432 come to the knowledge of the before-mentioned tribes, or either 8433 of them, they do hereby engage to give immediate notice thereof 8434 to the general or oflicer commanding the troops of the United 8435 States at the nearest post. And should any tribe, with hostile 8436 intentions against the United States, or either of them, attempt 190 8437 to pass through their country, they will eadeavour to prevent 8438 the same, and in like manner give information of such attempt 8439 to the general or officer commanding, as soon as possible, that 8440 all causes of mistrust and suspicion may be avoided between 8441 them and the United States. In like manner the United States 8442 shall give notice to the said Indian tribes of any harm that may be 8443 meditated against them, or either of them, that shall come to 8444 their knowledge ; and do all in their jjower to hinder and pre- 8445 vent the same, that the friendship between them may be unin- 8446 terrupted. • 8447 Article 10. All other treaties heretotore made between 8448 the United States and the said Indian tribes, or any of them, 8449 since the treaty of 1783, between the United States and Great 8450 Britain, that come within the purview of this treaty, shall 8451 henceforth cease and become void. 8452 Proclaimed December 2, '1795. 8453 CHIPPEWAS, WrANDOTS, OTTAWAS, MUNSBBS, AND 8454 DELAWAEES, ETC. 8455 A treaty between the United States of America and the sachems, 8456 chiefs, and ivarriors of the Wyandot, Ottawa, Ghipawa, Mun- 8457 see and Delaware, Shaivanee, and Pottawatima Nations, 8458 holden at Fort Industry, on the Miami of the lake, on the 8459 fourth day of July, anno Dimini one thousand eight hundred 8460 and five. 8461 Akticle 1. The said Indian nations do again acknowledge 8462 themselves and all their tribes to be in friendship with, and 8463 under the protection of, the United States. 8464 Article 2. The boundary -line between the United States 8465 and the nations aforesaid shall in future be a meridian-line 8466 drawn north and south, through a boundary to be erected on the 8467 south shore of Lake Erie, one hundred and twenty miles due 8468 west of the west boundary-line of the State of Pennsylvania, 8469 extending north untill it intersects the boundary-line of the 8470 United States, and extending south it intersects a line heretofore 8471 established by the treaty of Grenville. 8472 Article 3. The Indian nations aforesaid, for the considera- 8473 tion of friendship to the United States, and the sums of money 8474 hereinafter mentioned, to be paid annually to the Wyandot, 8475 Shawanee, Munsee and Delaware Nations, have ceded and do 8476 hereby cede and relinquish to said United States forever, all 8477 the lands belonging to said United States lying east of the 8478 aforesaid line, bounded southerly and easterly by the line estab- 191 8479 lished by said treaty of Grenville, and northerly by tlie nortli- 8480 ernmost part of the forty-first degree of north latitude. 8481 Article 4. The United States, to preserve harmony, mani- 8482 fest their liberality, and in consideration of the cession made in 8483 the preceding article, will, every year forever hereafter, at De- 8484 troit, or some other convenient place, pay and deliver to the 8485 Wyandot, Munsee and Delaware ISTations, and those of the 8486 Shawanee and Seneca Nations who reside with the Wyandots, 8487 the sum of eight hundred and ttventy-five dollars, current money 8488 of the United States, and the further sum of one hundred and 8489 seventy-five dollars, making in the whole an annuity of one 8490 thousand dollars ; which last sum of one hundred and seventy- 8491 five dollars has been secured to the Pr esident, in trust for said 8492 nations, by the Connecticnt Land Company, and by the com- 8493 pany incorporated by the name of " The Proprietors of the 8494 Half Million Acres of Land lying south of Lake Erie, called 8495 Sufferer's Land," payable annually as aforesaid, and to be 8496 divided between said nations, from time to time, in such proper- 8497 tions as said nationvS, with the approbation of the President, 8498 shall agree. 8499 Article 5. To prevent all misunderstanding hereafter, it 8500 is to be expressly remembered that the Ottawa and Chipawa 8501 Nations, and such of the Pottawatima Nation as reside on the 8502 river Huron of Lake Erie, and in the neighbourhood thereof, 8503 have received from the Connecticut Land Company, and the 8504 company incorporated by the name of " The Proprietors of the 8505 Half Million Acres of Land lying south of Lake Erie, called 8506 Sufferer's Land," the sum of four thousand dollars in hand, and 8507 have secured to the President of the United States, in trust for 8508 them, the further sum of twelve thousand dollars, payable in 8509 six annual instalments of two thousand each ; which several 8510 sums is the full amount of their proportion of the purchases 8511 effected by this treaty, and also by a treaty with said companies 8512 bearing even date herewith; which proportions were agreed on 8513 and concluded by the whole of said nations in their general 8514 council ; which several sums, together with two thousand nine 8515 hundred and sixteen dollars and sixty-seven cents, secured to 8516 the President, to raise said sum of one hundred and seventy-five 8517 dollars annuity as aforesaid, is the amount of the consideration 8518 paid by the agents of the (Jonnecticnt Reserve for the cession 8519 of their lands. 8520 Article 6. The said Indian nations, parties to this treaty, 8521 shall be at liberty to fish and hunt within the territory and lands 8522 which they have now ceded to the United States, so long as they 8523 shall demean themselves peaceably. 8524 Proclaimed April 24, 1806. 192 8525 OHIPPBWAS, OTTAWAS, WYANDOTTS, AND TOTTA- 8526 WOTTOMIBS. S527 Articles of a treaty made at Detroit, thin seventeenth day of JSo- 8528 vemher, in the year of our Lord one thousand eight hundred 8520 and seven, by WilUam Hull, governor of the Territory of MicJr 8530 igan, and superintendant of Indian affairs, and sole commis- 8531 sioner of the United Stales, to conclude and sign a treaty or 8532 treaties with the several nations of Indians northwest of^ the 8533 river Ohio, on the one part, amd the sachems, chiefs, and %rur- 8534 riors of the Ottoway, Chippeway, Wyandotte, and Pottawa- 8535 tamie nations of Indians, on the other part. To confirm and 8536 perpetuate the friendship which happily subsists between the 8537 United States and the nations aforesaid, to manifest the sin. 8538 cerity of that friendship, and to settle arrangements mutually 8539 beneficial to the parties, after a full explanation and perfect 8540 understanding, the following articles are agreed to, ichich, when 8541 ratified by the President, by and with the advice and consent of 8542 the Senate of the United States, shall be binding on them and 8543 the respective nations of Indians : 8544 Article 1. The sachems, chiefs, and warriors of the nations 8545 aforesaid, in consideration of money and goods, to be paid to. the 8546 said nations by the Government of the United States, as liere- 8547 after stipulated, do hereby agree to cede, and forever quit-claim, 8548 and do in behalf of their nations hereby cede, relinquish, and 8549 . forever quit-claim unto the said United States, all right, title, and 8550 forever quit-claim unto the said United States, all right, title, and 8551 _or claimed, in or unto the lands comprehended within the fol- 8552 lowing-described lines and l)oundaries : Beginning at the mouth 8553 of the Miami River of the lakes, and running thence up the 8554 middle thereof, to the mouth of the great Au Glaize Eiver . 8555 thence running due north until it intersects a parallel of latitude, 8556 to be drawn from the outlet of Lake Huron, which forms the 8557 river Sinclair ; thence running northeast, the course that may 8558 be found will lead in a direct line to White Eock, in Lake Huron ; 8559 thence due east until it intersects the boundary -line between the 8560 United States and Upper Canada, in said lake; thence south- 8561 wardly, following the said boundary-line down said lake through 8562 river Sinclair, Lake St. Clair, and the river Detroit, into Lake 8563 Erie, to a point due east of the aforesaid Miami Eiver j thence 8564 west to the place of beginning. 8565 Article 2. It is hereby stipulated and agreed on the part 8566 of the United States, as a consideration for the lands ceded by 8567 the nations aforesaid in the preceding article, that there shall be 193 8568 paid to the said uations, at Detroit, ten thousaud dollars, in 8569 money, goods, implements of husbandry, or domestic animajs, 8570 (at the option of the said nations, seasonably signified, through 8571 the superintendant of Indian affairs, residing with the said 8572 nations, to the Department of War,) as soon as practicable after 8573 the ratification of the treaty by the President, with the advice 8574 and consent of the Senate of the United States; of this sum 8575 three thousand three hundred and thirty-three dollars thirty 8576 three cents and four mills shall be paid to the Ottaway ^JTation, 8577 three thousand tliree hundred and thirty-three dollars thirty- 8578 three cents and four mills, to the Chippeway Nation, one 8579 thousand six hundred sixty-six dollars sixty-six cents and six 8580 mills to the Wyandotte Nation,, one thousand six hundred 8581 sixty-six dollars sixty-six cents and six mills to the Potta- 8582 watamie Nation, and likewise an annuity forever , of two thousand 8583 four hundred dollars, to be paid at Detroit, in manner as afore- 8584 said ; the first payment to be made on the first day of September 8585 next, and to be paid to the different nations in the following pro- 858G portions : Eight hundred dollars to the Ottaways, eight hundred 8587 dollars to the Ohippeways, four hundred dollars to the Wyan- 8588 dottes, and four hundred dollars to such of the Pottawatamies 8589 as now reside on the river Huron of Lake Erie, the river Raisin, 8590 and in the vicinity of the said rivers. 8591 Article 3. It is further stipulated and agreed, if at any 8592 time hereafter the said nations should be of the opinion that it 8593 would be more for their interest that the annuity aforesaid 8594 should be paid by instalments, the United States will agree to 8595 a reasonable commutation for the annuity, and pay it accord- 8596 ingly. 8597 AitTiCLK 4. The United States, to manifest their liberality 8598 and disposition to encourage the said Indians in agriculture, 8599 further stipulate to furnish the said Indians with two hlack- 8600 .smiths, one to reside with the Ohippeways, at Sagnina, and the 8601 other to reside with the Ottaways, at the Miami, during the 8602 term of ten years; said blacksmiths are to do such work for the 8603 said nations as shall be most useful to them. 8604 AUTiCLE 5. It is further agreed and stipulated that the 8605 said Indian nations shall enjoy the privilege of hunting and ftsh- 8606 ing on the lands ceded as aforesaid as long as they remain the 8607 property of the United States. 8608 Article 6. It is distinctly to be understood, for the accom- 8609 modation of the said Indians, that the following tracts of land 8610 within the cession aforesaid shall be, and hereby are, reserved to 8611 the said Indian nations ; one tract of land six miles squai'e, on the 8612 Miami of Lake Erie, above Boche de Bceuf, to include the village 8613 where Tondaganie (or the Dog) now lives. Also, three miles 25 IT 194 8614 square on the said river, (above the twelve miles square ceded 8615 to the United States by the treaty of Greenville,) including 8616 what is called Presque Isle; also four miles square on the Miami 8617 Bay, including the villages where MesMemau and Waugau now 8618 live; also three miles square on the river Baisin, at a place 8619 called Macon, and where the river Macon falls into the river 8620 Eaizin, which place is about fourteen miles from the mouth of 8621 said river Raizin ; also two sections, of one mile square each, on 8622 the river Rouge, at SeginH'kcMs village; also two sections, of one 8623 mile square each, at Tow.g'MM's village,, near the river .EoM(/e; 8624 also three miles square on Lake St. Clair, above the river Ha- 8625 ron, to include Machonce's village; also, six sections, each sec- 8626 tion containing one mile square, within the cession aforesaid, in 8627 such situations as the said Indians shall elect, subject, however, 8628 to the approbation of the President of the United States as to 8629 the places of location. It is further understood and agreed, 8630 that whenever the reservations cannot conveniently be laid out 8631 in squares, they shall be laid out in paralelogratns, or other 8632 figures, as found most practicable and convenient, sd as to con* 8633 tain the area specified in miles, and in all cases they are to be 8634 located in such manner and in such situations as not to inter-. 8635 fere with any improvements of the French or other white peo- 8636 pie, or any former cessions. 8637 Abticle 7. The said nations of Indians acknowledge them- 8638 selves to be under the protection of the United States, and no 8639 other power, and wil). prove by* their conduct that they are 8640 worthy of so great a blessing. S641 Proclaimed January 27, 1808. 8642 CHiPPP]WAS, OTTAWAS, AND POTTAWOTTOMIES, ETC. 8643 Articles of a treaty made and concluded at Brownstown, in the 8644 Territory of Michigan, between William Hull, governor of the 8645 said Territory, superintendent of Indian affairs, and commis- 8640 sioner plenipotentiary of the United Slates of America for 8647 concluding any treaty or treaties which may he found neces- 8648 sary icith any of the Indian tribes northwest of the river 8649 Ohio, of the onepctrt, and the sachems, chiefs, and warriors of 8650 the Chippewa, Ottawa, Pottawatamie, Wyandot, and 8haw- 8651 anoese Nations of Indians, of the other part. 8652 Article 1. Whereas by a treaty concluded at Detroit, on the 8653 seventeenth day of November, in the year of our Lord one thou- 8654 sand eight hundred and seven, a tract of land lying to the west 195 8655 and uorth of the river Miami, of Lake Erie, and principally 8656 witbin the Territory of Michigan, was ceded by the Indian na- 8657 tions to the United States ; and whereas the lauds lying on the 8658 southeastern side of the said river Miami, and between said 8659 river and the boundary-lines established by the treaties of 86G0 Greenville and Fort Industry, with the exception of a few small 8661 reservations to the United States, still belong to the Indian 8662 nations, so that the United States cannot, of right, open and 8663 maintain a convenient road from the settlements in the State of 8664 Ohio to the settlements in the Territory of Michigan, nor ex- 8665 tend those settlements so as to connect them ; in order, there- 8666 fore, to promote this object, so desirable and evidently beneficial 8667 to the Indian nations as well as to the United States, the parties 8668 have agreed to the following articles, which, when ratified by 8669 the President of the United States, by and with the advice and 8670 consent of the Senate thereof, shall be reciprocally binding. 8671 Akticlb 2. The several nations of Indians aforesaid, in 8672 order to promote the object mentioned in the preceding article, 8673 and in consideration of the friendship they bear towards the 8674 United States, for the liberal and benevolent policy which has 8675 been practised toward them by the Government thereof, do 8676 hereby give, grant, and cede unto the said United States a 8677 tract of land for a road, of one hundred and twenty feet in 8678 weadth, from the foot of the rapids of the river Miami of Lake 8679 Erie to the western line of the Connecticut reserve, and all the 8680 land within one mile'of the said road, on each side thereof, for 8681 the purpose, of establishing settlements along the same; also a 8682 tract of land,, for a road only, of one hundred and twenty feet in 8683 weadth, to run southwardly from what is called Lower San- 8684 dusky, to the boundary-line established bj' the treaty of Greeu- 8685 ville, with the privilege of taking at all times such timber and 8686 other materials from the adjacent lands as may be necessary 8687 for making and keeping in repair the said road, with the bridges 8688 that may be required aloug the same. 8689 Aeticle 3. It is agreed, that the lines embracing the lands 8690 given and ceded by the preceding article shall be raw in such 8691 directions as may be thought most adviseable by the President 8692 of the United States for the purposes aforesaid. 8693 Article 4. It is agreed that the said Indian nations shall 8694 retain the privilege of hunting and fishing on the lands given 8695 and ceded as above, so long as the same shall remain the prop- 8696 erty of the United States. 8697 Article 5. The several nations of Indians aforesaid do 8698 again acknowledge themselves to be under the protection of the 8699 United States, and of no other sovereign ; and the United States 8700 on their part do renew their covenant, to extend protection to 196 8701 them according to the intent and meaning of stipulations in 8702 former treaties, 8703 Proclaimed March 3, 1809. 8701 A Treaty between the United States of America and the Wyandot, 8705 Belaivare, Seneca, Shawanoe, Miami, Chippewa, Ottawa, and 8706 Potawatimie tribes of Indians, residing within the limits of 8707 the State of Ohio and the Territories of Indiana and Michigan. 8708 Whereas the Chippewa, Ottawa, and Potawatimie tribes 8709 of Indians, together with certain bands of the Wyandot, Dela- 8710 ware, Seneca, Shawanoe, and Miami tribes, were associated with 8711 Great Britain in the late war between the United States and that 8712 power, and have manifested a disposition to be restored to the 8713 relations of peace and amity with the said States ; and the Presi- 8714 dent of the United States having appointed William Henry 8715 Harrison, late a major-general in the service of the United 8716 States, Duncan M' Arthur, late a brigadier in the service of the 8717 United States, and John Graham, esquire, as commissioners to 8718 treat with the said tribes ; the said commissioners and the sa- 8719 chems, head-men, and warriors of said tribes, having met in 8720 council at the Spring Wells, near the city of Detroit, have agreed 8721 to the following articles, which, when ratified by the President, 8722 by and w^th the advice and consent of the Senate of the United 8723 States, shall be binding on them apd the said tribes : 8724 Article 1. The United States give peace to the Cbippo- 8725 wa, Ottawa, and Potawatimie tribes. 8726 Akticlb 2. They also agree to restore to the said Cbippe- ,8727 wa, Ottawa, and Potawatimie tribes all the possessions, rights, 8728 and privileges which they enjoyed, or were entitled to, in the 8729 year one thousand eight hundred and eleven, prior to the com- 8730 mencement of the late war with Great Britain ; and the said 8731 tribes, upon their part, agree again to place themselves under 8732 the protection of the United States, and of no other power what- 8733 soever. ' 8734 Article 3. In consideration of the fidelity to the United 8735 States which has been manifested by the Wyandot, Delaware, 8736 Seneca, and Shawanoe tribes throughout the late war, and of 8737 the repentance of the Miami tribe, as manifested by placing them- 8738 selves under the protection of the United States bj' the treaty 8739 of Greenville,- in eighteen hundred and fourteen, the said States 8740 agree to pardon such of the chiefs and warriors of said tribes as 8741 may have continued hostilities against them until the close of the 8742 war with Great Britain, and to permit the chiefs of their respec- 8743 tive tribes to restore them to the stations and property which 8744 they held previously to the war. 197 8745 Article 4. Tbe Uuited States aud the before-mentioued 8746 tribes or nations of Indians, that is to say, the Wyandot, Dela- 8747 ware, Senaca, Shawanoe, Miami, Chippewa, Ottawa, and Pota- 8748 watimies, agree to renevr aud conflrm the treaty of Greenville , 8749 made in the year one thousand seven hundred and ninety-five, 8750 and all subsequent treaties to which they were, respectively, 8751 parties, and the same are hereby again ratified and confirmed 87515 in as full a manner as if they were inserted in this treaty. 8753 Ratified Dec. 26, 1815. 8754 Artioles oj a treaty made and concluded, at the foot of the rapids 8755 of the Miami of Lake Erie, between Lewis Cass and Duncan 8756 • McArthur, commissioners of the United States, icith full power 8757 and authority to hold conferences, and conclude and sign a treaty 8758 or treaties with all or any of the tribes or nations of Indians 8759 within the boundaries of the State of Ohio, of and concerning 8760 all matters interesting to the United States and the said nations 8761 of Indians, on the one part ; and the sachems, chiefs, and icar- 8762 rioi-s of the Wyandot, Seneca, Belaivare, Shawanese, Pota- 8763 watomees, Ottairas, and Ghippeway tribes of Indians. 8764 Article 1. The Wyandot tribe of Indians, in consideration 8765 of the stipulations herein made on the part of the United States, 8766 do hereby forever cede to the United States the lands compre- 8767 hended within the following lines and boundaries : Beginning 8768 at a point on the southern shore of Lake Erie, where the present 8769 Indian boundary -line intersects the same, between the mouth of 8770 Sandusky Bay and the mouth of Portage Eiver ; thence running 8771 south with said line, to the line established in the year one thou- 8772 sand seven hundred and ninety-five, by the treaty of Greenville, 8773 which runs from the crossing-place above Fort Lawrence to 8774 Loramie's store ; thence westerly, with the last mentioned line, 8775 to the eastern line of the reserve at Loramie's store ; thence with 8776 the lines of said reserve, north and west, to the northwestern 8777 corner thereof; thence to the northwestern corner of the reserve 8778 oh the river St. Mary's, at the head of the navigable waters 8779 thereof; thence east, to the western bank of the St. Mary's 8780 River aforesaid ; thence down on the western bank of the said 8781 river, to the reserve at Fort Wayne ; thence with the lines of 8782 the last-mentioned reserve, easterly and northerly, to the north 8783 bank of the river Miami of Lake Erie ; thence down on the north 8784 bank of the said river, to the western line of the land ceded to 8785 the United States by the treaty of Detroit in the year one thou- 8786 sand eight hundred and seven ; thence with the said line south, 8787 to the middle of said Miami Eiver, opposite the mouth of the 8788 Great Auglaize River ; thence down the middle of said Miami 19« 8789 Eiver, and easterly with the lines of the tract ceded to the United 8790 States by the treaty of Detroit aforesaid, so far that a south line 8791 will strike the place of beginning. 8792 Article 2. The Potawatomy, Ottawas, and Ohippeway 8793 tribes of Indians, in consideration of the stipulations herein 8794 made on the part of the United States, do hereby forever cede 8795 to the United States the land comprehended within the foUow- 8796 ing lines and boundaries : Beginning where the western line of 8797 the State of Ohio crosses the river Miami of Lake Erie, which is 8798 about twenty-one miles above the mouth of the Great Auglaize 8799 Eiver ; thence down the middle of the said Miami Eiver, to a 8800 point north of the mouth of the Great Auglaize Eiver ; thence 8801 with the western line of the land ceded to the United States by 8802 the treaty of Detroit, in one thousand eight hundred and seven, 8803 north forty-five miles ; then west, so far that a line south will 8804 strike the place of beginning; thence south to the place of 8805 beginning. 8806 Article 3. The Wyandot, Seneca, Delaware, Shawnese, 8807 Potawatomy, Ottawas, and Ohippeway tribes of Indians accede 8808 to the cessions mentioned in the two preceding articles. 8809 Article 4. In consideration of the cessions and recogni- 8810 tions stipulated in the three preceding articles, the United States 8811 agree to pay to the "Wyandot tribe, annually, forever, the sum of 8812 four thousand dollars, in specie, at UpiJer Sandusky. To the 8813 Seneca tribe, annually, forever, the sum of five hundred dollars, 8814 in specie, at Lower Sandusky. To the Shawnese tribe, annually, 8815 forever, the sum of two thousand dollars, in specie, at Wapagh- 8816 konetta. To the Potawatomy tribe, annually, for the term of 8817 fifteen jears, the sum of one thousand three hundred dollars, iu 8818 specie, at Detroit. To the Ottawas tribe, annually, for the term 8819 of fifteen years, the sum of one thousand dollars, in specie, at 8820 Detroit. To the Chippewa tribe, annually, for the term of fifteen 8821 years, the sum of one thousand dollars, in specie, at Detroit. 8822 To the Delaware tribe, in the course of the year one thousand 8823 eight hundred and eighteen, the sum of five hundred dollars, in 8824 specie, at Wapaghkonetta, but no annuity. And the United 8825 States also agree that all annuities due by any former treaty 8826 to the Wyandot, Shawnese, and Delaware tribes, and the an- 8827 unity due by the treaty of Greenville to the Ottawas and Chip- 8828 pewas tribes, shall be paid to the said tribes, respectively, in 8829 specie. 8830 Article 5. The schedule hereunto annexed is to be taken 8831 and considered as a part of this treaty ; and the tracts herein 8832 stipulated to be granted to the "Wyandot, Seneca, and Shaw- 8833 nese tribes of. Indians are to be granted for the use of the 199 8834 persons meutionetl iu the said schedule, agreeably to the de - 8835 scriptions, provisions, and limitations therein contained. 8836 Article 6. The United States agree to grant, by patent, iu 8837 fee simple, to Doanquod, Howoner, Rontondee, Taayau, Ronta- 8838 yau,Dawatont,Manocae,Tauyaudautauson,andHaudaunwaug]i, 8839 chiefs of the Wyandot tribe, and their successors in office, chiefs 8840 of the said tribe, for the use of the persons and for the pur- 8841 poses mentioned in the annexed schedule, a tract of land twelve 8842 miles square, at Upper Sandusky, the centre of which shall be 8843 the place where Fort Perree stands ; and also a tract of one mile 8844 square, to be located where the chiefs direct, on a cranberry 8845 swamp, on Broken Sword Greek, and to be held for the nse of 8846 the tribe. 8847 The United States also agree to grant, by patent, in fee 8848, simple, to Tahawmadoyaw, Captain Harris, Isahownusay, Joseph 8849 Tawgyou, Captain Smith, Coffee-House, Running About, and 8850 Wiping Stick, chiefs of the Seneca tribe of Indians, and their 8851 successors in oflice, chiefs of the said tribe, for the use of the 8852 persons mentioned in the annexed schedule, a tract of land, to 8853 contain thirty thousand acres, beginning on the Sandusky River, 8854 at the lower corner of the section hereinafter granted to William 8855 Spicer ; thence down the said river on the east side, with the 8856 meanders thereof, at high-water mark, to a point east of the 8857 mouth of Wolf Creek ; thence, and from the beginning, east, 8858 so far that a north line will include the quantity of thirty thou- 8859 sand acres aforesaid. • 8860 The United States also agree to grant, by patent in fee 8861 simple, to Catewekesa or Black Hook, Byaseka or Wolf, Pomthe 8862 or Walker, Shemenetoo or Big Snake, Othawakeseka or Yellow 8863 Feather, Chakalowah or the Tail's End, Pemthala or John 8864 Perry, Wabejpee or White Colour, chiefs of the Shawnese tribe, 8865 residing at Wapaghkonetta, and their successors in office, chiefs 8866 of the said tribe, residing there, for the use of the persons 8867 mentioned in the annexed schedule, a tract of land ten miles 8868 square, the center of which shall be the council-house at Wapagh- 8869 konetta. 8870 The United States also agree to grant, by patent in fee 8871 simple, to Peeththa or Falling Tree, and to Onowaskemo or the 8872 Resolute Man, chiefs of the Shawnese tribes, residing on Hog 8873 Creek, and their successors in ofiSce, chiefs of the said tribe, re- 8874 siding there, for the use of the persons mentioned in the annexed 8875 schedule, a tract of land containing twenty-five square miles, 8876 which is to join the tract granted at Wapaghkonetta, and to in. 8877 elude the Shawnee Settlement, on Hog Creek, and to be laid off 8878 as nearly as possible in a square form. 8S79 The United States also agree to grant, by patent in fee sim- 200 8880 pie, to Quatawape or Captain Lewis, Shekaghela or Turtle, 8881 Skilowa or Eobin, chiefs of the Shawnese tribe of Indians re- 8882 siding at Lewistown. and to Mesomea or Civil John, Wakawnx- 8883 sheno or the White Man,Oc[uesheno or Joe, and Willaquasheno 8884 or When you are tired sit down, chiefs of the Seneca tribe of 8885 Indians residing at Lewistown, and to their successors in office, 8886 chiefs of the said Shawnese and Seneca tribes, for the use of the 8887 persons mentioned in the annexed schedule, a tract of land to 8888 contain forty-eight square miles, to begin at the intersectipn of 8889 the line run by Charles Roberts, in the year one thousand eight 8890 hundred and twelve, from the source of the Little Miami Eiver 8891 to the source of the Sciota Eiver, in pursuance of instructions 8892 from the commissioners appointed on the part of the United SS93 States, to establish the western boundary of the Virginia Mili- 8894 tary Reservation, with the Indian boundary-line established by 8895 the treaty of Greenville, in one thousand seven hundred and 8896 ninety-five, from the crossingsiibove Fort Lawrance to Lorq,mie's 8897 store, and to run from such intersection, northerly, with the 8898 first mentioned line, and westerly, with the second mentioned 8899 line, so as to include the quantity as nearly in a square form as 8900 practicable, after excluding the section of land hereinafter 8901 granted to Nancy Stewart. 8902 There shall also be reserved for the use of the Ottawas lu- 8903 dians, but not granted to them, a tract of land on Blancliard's 8904 fork of the Great Auglaize River, to contain five miles square, •8905 the centre of which tract is to -be where the old trace crosses 8906 the said fork, and one other tract, to contain three miles square, 8907 on the Little Auglaize Eiver, to include Oquano^a's village. 8908 Aeticle 7. And the said chiefs or their successors may, at 8909' any time they may think proper, convey to either of the persons 8910 mentioned in the said schedule, or his heirs, the quantity se- 8911 cured thereby to him, or may refuse so to do. But the use of 8912 the said land shall be in the said person ; and after the share of 8913 any person is conveyed by the chiefs to him, he may convey the - 8914 same to any person whatever. And any one entitled by the 8915 said schedule to a portion of the said land, may, at any time, 8916 convey the same to any person, by obtaining the approbation of 8917 the President of the United States, or of the person appointed 8918 by him to give such approbation. And the agent of the United 8919 States shall make an equitable partition of the said share when 8920 conveyed. 8921 Article 8. At the special request of the said Indians, the 8922 United States agree to grant by patent in fee simple, to the 8923 persons hereinafter mentioned, all of whom are connected with 8924 the said Indians, by blood or adoption, the ti-acts of land herein 8925 described : 201 8926 To Elizabeth Whitaker, wbo was taken prisoner by the 8927 Wyandots, and has ever since lived among them, twelve hua- 8928 dred and eighty acres of land, on the west side of the Sandusky 8929 Eiver, below Groghansville, to be laid off in a square form, as 8930 nearly as the meanders of the said river will admit, and to run 8931 an equal distance above and below the house in which the said 8932 Elizabeth Whitaker now lives. 8933 To Robert Armstrong, who was taken prisoner by the lu- 8934 dians, and has ever since lived among them, and has married a 8935 Wyandot woman, one section, to contain six liundred and forty 8936 acres of land, on the west side of the Sandusky Eiver, to begin 8937 at the place called Camp Ball, and to run up the river, with the 8938 meanders thereof, one hundred and sixty poles, and from the 8939 beginning, down the river, with the meanders thereof, one hun- 8940 dred and sixty poles, and from the extremity of these lines west 8941 for quantity. 8942 To the children of the late William M'Collock, who was 8943 killed in August, one thousand eight hundred and twelve, near 8944 Maugaugon, and who are quarter-blood Wyandot Indians, one 8945 section, to contain six hundred and forty acres of land, on the 8946 west side of the Sandusky River, adjoining the lower line of the 8947 tract hereby granted to Robert Armstrong, and extending in the 8948 same manner with and from the said river. 8949 To John Van meter, who was taken prisoner by the Wyan- 8950 dots, and who Las ever since lived among them, and has mar- 8951 ried a Seneca woman, and to his wife's three brothers, Senecas, 8952 who now reside on Honey Creek, one thousand acres of land, 8953 to begin north, forty-iive degrees west, and one hundred and 8954 fortj'' poles from the house in which the said John Vanmeter 8955 now lives, and to run thence south three hundred and twenty 8956 poles, thence and from the beginning east for quantity. 8957 To Sarah Williams, Joseph Williams, and Rachel Nugent, 8958 late Rachel Williams, the said Sarah having been taken prisoner 8959 by the Indians, and ever since lived among them, and being the 8960 widow, and the said Joseph and Rachel being the children, of 8961 the late Isaac Williams, a half-blood Wyandot, one quarter-sec- 8962 tion of land, to contain one hundred and sixty acres, on the 8963 east side of the Sandusky River, below Croghausville, and to 8964 include their improvements at a place called Negro Point. 8965 To Catharine Walker, a Wyandot woman, and to John R. 8966 Walker, her son, who was wounded in the service of the United 8967 States, at the battle of Maugaugon, in one thousand eight hun- 8968 dred and twelve, a section of six hundred and forty acres of 8969 land each, to begin at the northwestern corner of the tract 8970 hereby granted to John Vanmeter and his wife's brothers, and 26 I T 202 8971 to run with the line thereof soath three hundred and twenty 8972 poles, thence and from the beginning west for quantity. 8973 To William Spicer, who was taken prisoner by the Indians, 8974 and has ever since lived among them, and has married a Seneca 8975 woman, a section of land, to contain six hundred and forty 8976 acres, beginning on the east bank of the Sandusky Eiver, forty 8977 poles below the corner of said Spicer's corn-field, thence up the 8978 river on the east side, with the meanders thereof, one mile, 8979 thence and from the beginning east for quantity. 8980 To Nancy Stewart, daughter of the late Shawnese chief 8981 Blue Jacket, one section of land, to contain six hundred and 8982 forty acres, on the Great Miami Eiver below Lewistown, to in- 8983 elude her present improvements, three quarters of the said sec- 8984 tion to be on the southeast side of the river, and one quarter on 8985 the northwest side thereof. 8986 To the children of the late Shawnese chief Captain Logan, 8987 or Spamagelabe, who fell in the service of the United States 8988 during the late war, one section of land, to contain six hundred 8989 and forty acres, on the east side of the Great Auglaize Eiver, 8990 adjoining the lower line of the grant of ten miles at Wapagh- 8991 konetta and the said river. 8992 To Anthony Shane, a half blood Ottawas Indian, one sec- 8993 tion of land, to contain six hundred and forty acres, on the east 8994 side of the river St. Mary's, and to begin opposite the house in 8995 which the said Shane now lives, thence up the river, with the 8996 meanders thereof, one hundred and sixty poles, and from the 8997 beginning down the river, with the meanders thereof, one 8998 hundred and sixty poles, and from the extremitj' of the said 8999 lines east for quantity. 9000 To James M'Pherson, who was taken prisoner by the 9001 Indians, and has ever since lived among them, one section of 9002 land, to contain six hundred and forty acres, in a square form, 9003 adjoining the northern or western line of the grant of forty- 9004 eight miles at Lewistown, at such place as he may think proper 9005 to locate the same. 9006 To Horonu or the Cherokee Boy, a AVyandot chief,- a sec- 9007 tion of land, to contain six hundred" and forty acres, on the 9008 Sandusky Eiver, to be laid off in a square form, and to include 9009 his improvements. 9010 To Alexander D. Godfrey and Eichard Godfrey, adopted 9011 children of the Potawatomy tribe, and at their special request, 9012 one section of land, to contain six hundred and forty acres, in 9013 the tract of country herein ceded to the United States by the 9014 Potawatomy, Ottawas, and Chippewas tribes, to be located by 9015 them, the said Alexander and Eichard, after the said tract shall 9016 have been surveyed. 203 9017 To Sawendel)ans or the Yellow Hair or Peter Miaor, an 9018 adopted son of Tondaganie or the Hog, and at the special 9019 request of the Ottawas, out of the tract reserved by the treaty 9020 of Detroit, in one thousand eight hundred and seven, above 9021 Eoche de Bceuf, at the village of the said Dog, a section of land, 9022 to contain six hundred and forty acres, to be located in a square 9023 form, on the north side of the Miami, at the Wolf Eapid. 9024 Akticle 9. The United States engage to appoint an agent, 9025 to reside among or near the Wyandots, to aid them in the pro- 9026 tection of their persons and property, to manage their inter. 9027 course with the Government and citizens of the United States, 9028 and to discharge the duties which commonly appertain to the 9029 office of Indian agent ; and the same agent is to execute the 9030 same duties for the Senecas and Delawares on the Sandusky 9031 Eiver. And an agent for similar purposes, and vested with - 9032 similar powers, shall be appointed to reside among or near the 9033 Shawnese, whose agency shall include the reservations at 9034 "Wapaghkonetta, at Lewistown, at Hog Greek, and at Blanchard's 9035 Creek. And one mile square shall be reserved at Malake for the 9036 use of the agent for the Shawnese. 9037 And the agent for the Wyandots and Senecas shall occupy 9038 such land in the grant at Upper Sandusky as may be necessary 9039 for him and the persons attached to the agency. 9040 Akticle 10. The United States engage to erect a saw-mill 9041 and a grist-mill, upon some proper part of the Wyandot reser- 9042 vation, for their use, and to provide and maintain a blacksmith, 9043 for the use of the Wyandots and Senecas, upon the reservation 9044 of the Wyandots, and another blacksmith, for the use of the 9045 Indians at Wapaghkonetta, Hog Creek, and Lewistown. 9046 Article 11. The stipulations contained in the treaty of 9047 Greenville, relative to the right of the Indians to hunt upon the 9048 land hereby ceded, while it contiuues the property of the United 9049 States, shall apply to this treaty ; and the Indians shall for the 9050 same term enjoy the privilege of making sugar upoTi the same 9051 land, committing no unnecessary waste upon the trees. 9052 Article 12. The United States engage to pay, in the 9053 course of the year one thousand eight hundred and eighteen, 9054 the amount of the damages which were assessed by the 9055 authority of the Secretary of War, in favour of several tribes 9056 and individuals of the Indians, who adhered to the cause of 9057 the United States during the late war with Great Britain, and 9058 whose property was, in consequence of such adherence, injured 9059 or destroyed. And it is agreed that the sums thus assessed 9060 shall be paid in specie, at the places, and to the tribes or indi- 9061 viduals hereinafter mentioned, being in conformity with the said 9062 assessment, that is to say : 204 9063 To the Wyandots, at Upper Sandusky, four thousand three 9064 hundred and nineteen dollars and thirty-nine cents. 9065 To the Senecas, at Lower Sandusky, three thousand nine 9066 hundred and eighty-nine dollars and twenty-four cents. 9067 To the Indians at Lewis and Scoutashs towns, twelve hun- 9068 dred and twenty-seven dollars and fifty cents. 9069 To the Delawares, for the use of the Indians who suifered 9070 losses at Greentown and at Jerome's town, three thousand nine 9071 hundred and fifty-six; dollars and fifty cents, to be paid at Wa- 9072 paghkonetta. 9073 To the representatives of Hembis, a Delaware Indian, three 9074 hundred and forty-eight dollars and fifty cents, to be paid at 9075 Wapaghkonetta. 9076 To the Shawnese, an additional sum of four hundred and 9077 twenty dollars, to be paid at Wapaghkonetta. 9078 To the SenecaSj an additional sum of two hundred and 9079 pineteen dollars, to be paid at Wapaghkonetta. 9080 Article 13. And whereas the sum of two thousand five 9081 hundred dollars has been paid by the United States to the 9082 Shawnese, being one-half of five years' annuities due by the 9083 treaty of Fort Industry, and whereas the Wyandots contend 9084 that the whole of the annuity secured by that treaty is to be 9085 paid to them and a few persons of the Shawnese and Senecas 9086 tribes J now, therefore, the commissioners of the United States, 9087 believing that the construction given by the Wyandots to the 9088 said treaty is correct, engage that the United States shall pay 9089 to the said Wyandot tribe, in specie, in the course of the year 9090 one thousand eight hundred and eighteen, the said sum of two 9091 thousand five hundred dollars. 9092 Article 14. The United States reserve, to the proper 9093 authority the right to make roads through any part of the land 9094 granted or reserved by this treaty ; and also to the different 9095 agents the right of establishing taverns and ferries for the ac- 9096 commodation of travelers, should the same be found necessary. 9097 Article 15. The tracts of land herein granted to the chiefs 9098 for the use of the Wyandot, Shawnese, Seneca, and Delaware 9099 Indians, and the reserve for the Ottawa Indians, shall not be 9100 liable to taxes of any kind so long as such land continues the 9101 property of the said Indians. 9102 Article 16. Some of the Ottawa, Chippewa, and Pota- 9103 watomy tribes being attached to the Catholick religion, and be- 9104 lieving they may wish some of their children hereafter educated, 9105 do grant to the rector of the Catholick church of St. Anne, of De- 9106 troit, for the use of the said church, and to the corporation of 9107 the college at Detroit for the use of the said college, to be re- 9108 tained or sold, as the said rector and corporation may judge ex- 205 9109 pedient, each one-half of three sections of land, to contain six 9110 hundred and forty acres, on the river Eaisin, at a place called 9111 Macon, and three sections of land not yet located, which tracts 9112 were reserved for the nse of the said Indians by the treaty of 9113 Detroit in one thousand eight hundred and seven ; and the su- 9114 perintendent of Indian affairs in the territory of Michigan is 9115 authorized, on the part of the said Indians, to select the said 9116 tracts of land. 9117 Article 17. The United States engage to pay to any ot 9118 the Indians the value of any improvements which they may be 9119 obliged to abandon in consequence of the lines established by 9120 this treaty. 9121 Article 18. The Delaware tribe of Indians, in considera- 9122 tion of the stipulations herein made on the part of the United 9123 States, do hereby forever cede to the United States all the claim 9124 which they have to the thirteenth sections of land reserved for 9125 the use of certain persons of their tribe, by the second section 9126 of the act of Congress, passed March the third, one thousand 9127 eight hundred and seven, providing for the disposal of the lands 9128 of the United States between the United States Military Tract "9129 and the Connecticut Reserve, and the lands of the United States 9130 between the Cincinnatti and Yincennes districts. 9131 Article 19. The United States agree to grant, by patent in 9132 fee simple, to Zeeshawau or James Armstrong, and to Sanon- 9133 doyourayquaw or Silas Armstrong, chiefs of the Delaware In- 9134 dians, living on the Sandusky waters, and their successors in 9135 offlce, chiefs of the said tribe, for the use of the persons men- 9136 tioned in the annexed schedule, in the same manner, and subject 9137 to the same conditions, provisions, and limitations as is herein- 9138 before provided for the lands granted to the Wyandot, Seneca, 9139 and Shawnese Indians, a tract of land, to contain nine square 9140 miles, to join the tract granted to the Wyandots of twelve miles 9141 square, to be laid off as nearly in a square form as practicable, 9142 and to include Captain Pipe's village. 9143 Article 20. The United States also agree to grant, by 9144 patent, to the chiefs of the Ottawas tribe of Indians, for the use 9145 of the said tribe, a tract of land, to contain thirty-four square 9146 miles, to be laid out as nearly in a square form as practicable, 9147 not interfering with the lines of the tracts reversed by the treaty 9148 of Greenville on the south side of the Miami River of Lake Erie, 9149 and to include Tashquegan, or M'Carty's village ; which tracts, 9150 thus granted, shall be held by the said tribe, upon the usual 9151 conditions of Indian reservations, as though no iiatent were 9152 issued. 9153 Article 21. This treaty shall take effects and be obligatory 206 9154 on the contracting parties, as soon as the same shall have been 9155 ratified by the President of the United States, by and with the 9156 advice and consent of the Senate thereof. 9157 Proclaimed January 4, 1819. 9158 Schedule referred to in the foregoing treaty, and to he taken and 9159 considered as part thereof. 9160 Three sections, to contain six hundred and forty acres each, 9161 are to be reserved out of the tract of twelve miles square to be 9162 granted to the Wyandots. One of the said sections is to be ap- 9163 propriated to the use of a missionary, one for the support of 9164 schools, and one for the support of mechanics, and to be under 9165 the directioa of the chiefs. Two sections, of six hundred and 9166 forty acres each, are to be granted to each of the following per- 9167 sons, being the chief of the Wyandot tribe, and his six coun- 9168 sellors, namely: Doouquod or half king; Eoutouda or War- 9169 pole ; Tauyaurontoyou or Between the logs ; Dawatout or John 9170 Hicks ; Manocue or Thomas ; Sauyoudautausaw or George Euuh ; 9171 and Hawdowuwaugh or Matthews. 9172 And, after deducting the iifteen sections thus to be disposed 9173 of, the residue of the said tract of twelve miles square is to be 9174 equally divided among the following persons, namely: Hoocue, 9175 Eoudootouk, Mahoma, JSTaaton, Mautanawto, Maurunquaws, 9176 Naynuhanky, Abrm. Williams, sen., Squautaugh, Tauyouranuta, 9177 Tahawquevouws, Dasharows, Trayhetou, Hawtooyou, Maydoun- 9178 aytove, Neudooslau, Deecalrautousay, Houtooyemaugh, Datoo- 9179 wawna, Matsaye-aanyourie, James Eanken, Sentumass, Tahau- 9180 toshowwedaj Madudara, Shaudauaye, Shamadeesay, Sommodo- 9181 wot, Moautaau, Nawsottomaugh, Maura wskinquaws, Tawtoo- 9182 lowme, Shawdouyeayourou, Showweno, Dashoree,Sennewdorow, 9183 Toayttooraw, Mawskattaugh, TahawshodeUyea, Haunarawreu- 9184 dee, Shauromou, Tawyaurontoreyea, Eoumelay, Nadocays, Car- 9185 ryumaudeutaugh, Bigarms, Madonrawcays, Haurauoot, Syhrun- 9186 dash, Tahorowtsemdee, Eoosayn, Dautoresay, Nashawtoomous, 9187 Skawduutoutee, Sanorowsha, Nautennee, Youausha, Aumatou- 9188 row, Ohoutautoon, Tawyougaustayou, Sootonteeree, Dootooau, 9189 Hawreewaucudee, Tourahatsa, Towntoreshaw, Syuwowataugb, 9190 Oauyou, Omiztsehaw, Gausawaugh, Skashowayssquaw, Maw- 9191 dovdoo, ISTarowayshaus, Nawcatay, Isuhowhayeato, Myatousha, 9192 Tauoodowma, Youhreo, George Williams, Oharvatoy, Saharos- 9193 sor, Isaac Williams, Sqindatee, Mayeatohot, Lewis Coon, Isa- 9194 touque or John Goon, Tawaumanocay or E. Wright, Owawtatuu, 9195 Isontraudee, Tomatsahoss, Sarrahoss, Tauyoureehoryeow, Sau- 9196 dotoss, Toworordu or Big Ears, Tauomatsarau, Tahoroudoyoa 9197 or Two, Daureehau, Dauoreenu, Trautohauweetough, Yourow- 207 9198 quains or the widow of the Crane, Caunaytoma, Hottomorrow, 9199 Taweesho, Dauquausay, Toumou, Hoogaudoorow, Newdeetou- 9200 tow, Dawhowhouk, Daushouteehawk, Sawaronuis, Norrorow- 9201 Tawwass, Tawareroons, JSTeshaustay, Toharratough, Taurowto- 9202 tucawaa, Youshindauyato,Tauosanays, Sadowerrais, Isauowtow, 9203 touk or Fox Widow, Sauratoudo or William Zane, Hayanoise or 9204 Ebenezer Zane, Mawcasharrow or widow M'Cullock, Susannah, 9205 Teshawtaugh, Bawews, Tamataurank, Eazor, Eahisaus, Cudee- 9206 tore, Shawnetaurew, Tatrarow, Cuqua, Yourowon, Sauyounaos- 9207 kra, Tanorawayout, Howcuquawdorow, Gooyeamee, Dautsaqua, 9208 Maudamu, Sanoreeshoc, Hauleeyeatausay, Gearoohee, Matosk- 9209 rawtouk, Dawweeshoe, Sawyourawot, Nacudseoranauaurayk, 9210 Youronurays, Scoiitash, Serroymuch, Hoondeshotch, Ishuskeah, 9211 Dusharraw, Ondewaus, Duyewtale, Eoueyoutacolo, Hoonorow- 9212 youtacob, Howorowdiiro, Nawanauiionelo, Tolhomanona, Ohiya- 9213 mik, Tyyeakwheunohale, Aushevvhowole, Schowondashres, Mou- 9214 dushawquaw, Tayoudrakele, Glveriahes, Sootreeshuskoh, Su- 9215 youturaw, Tiudee, Tahorroshoquaw, Irahkasquaw, Ishoreameu- 9216 suwat, Oaroweyottell, Noriyettete, Siyarech, Testeatete. 9217 The thirty thousand acres of land for the Senecas upon the 9218 Sandusky Eiver, is to be equally divided among the following 9219 persons, namely : Syuwasautau, jSTawwene, Joseph, Iseumetaugh 9220 or Picking up a club, Orawhaotodie or Turn over, Saudaurous 9221 or Split the river, Tahowtoorains or Jo Smee, Ispomduare, Yel- 9222 low-bay, Dashowrowramou or Drifting sand, Hauautouasquas, 9223 Hamyautuhow, Tahocayn, Howdautauyeao or King George, 9224 Standing Bones, Cyahaga or Fisher, Suthemoore, Eed Skin, Men 9225 tauteehoore,Hyanashraman, or Knife in his hand, Eunning About, 9226 John Smith, Carrying the Basket, Cauwauayor Striking, Eewau- 9227 yeato or Carrying the news, Half up the Hill, Trowyoudoys or 9228 G. Hunter, Spike Buck, Caugooshow or Clearing up, Mark on 9229 his Hip, Captain Hams, Isetaune or Crying often, Taunerowya 9230 or Two companies, Haudonwauays or Stripping the river, Iso- 9231 hauhasay, or Tall chief, Tahowmandoyou, Howyouway or Pad- 9232 dling. Clouding up, Youwautowtoyou or Burnt his body, She- 9233 tonyouwee or Sweet foot, Tauhaugainstoany or Holding his 9234 hand about, Oharrawtodee or Turning over, Haucaumarout, 9235 Sarrowsauismatare or Striking sword, Sadudeto, Oshoutoy, or 9236 Burning berry. Hard Hickory, Curetscetan, Youronocay or 9237 Isaac, Youtradowwonlee, Ifewtauyaro, Tayouonte or Old foot, 9238 Tauosanetee, Syuuout or Give it to her, Doonstough, or Hunch 9239 on his forehead, Tyaudusout or Joshua Hendricks, Taushaus, 9240 haurow or Cross the arms, Henry, Youwaydauyea or the Island- 9241 Armstrong, Shake the Ground, His Neck Down, Youheno, Towot- 9242 oy oudo or Looking at her. Captain Smith,Tobacco,Standing Stone, 9243 Eonunaise or Wiping stick, Tarsduhatse or Large bones, Ham- 208 9244 anchagave, House-Fly or Maggot, Eoudouma or Sap running, 9245 Big Belt, Cat Bone, Sammy, Taongauats or Bound the point, 9246 Eamuye or Hold the sky, Mentoududu, Howuotant, Slippery 9247 nose, Tauslowquowsay or Twenty wives, Hoogaurow or Mad 9248 man, Coffee-house, Long Hair. 9249 The tract of ten miles square at Wapaghkonetta is to be 9250 equally divided among the following persons, namely : The Black 9251 Hoof, Pomthe or Walker, Piaseka or Wolf, Shemenutu or Snake, 9252 Ohtawakeseka or Yellow feather, Penethata or Perry, Chacalaway 9253 or the End of the tail, Qnitawee or war chief, Sachachewa, 9254 Wasewweela, Wassewela or Bright horn, Othawsa or Yellow, 9255 Tepetoseka, Caneshemo, Newabetucka, Cawawescucka, Thokut- 9256 chema, Setakosheka, Topee or James Saunders, Meshenewa, 9257 Tatiape, Pokechaw, Alawaymotakah, Lalloway or Perry, Wab- 9258 emee, Nemekoshe, Xeuepemeshequa or Cornstalk, Sheshe, Sha- 9259 wabaghke,Naneskaka, Thakoska or David M'Nair, Skapakake, 9260 Shapoquata, Peapakseka, Quaghquona, Quotowame, Mtaskeka, 9261 Thakaskaor Spy buck, Pekathchseka, Tewaskoota or James Blue 9262 Jacket, Calawesa, Quaho, Kaketchheka or W. Perry, Swapee, 9363 Peckto or Davy Baker, Skokapowa or George M'Dougall, Che- 9264 pakosa, Shemay or Sam, Chiakoska or Captain Tom, General 9265 Wayne, Thaway, Othawee, Weeasesaka or Captain Eeed, Lew- 9266 aytaka, Tegoshea or George, Skekacumsheka, Wesheshemo, 9267 Mawenatcheka, Quashke, Thaswa, Baptiste, Waywalapee, Pes- 9268 hequkame, Chakalakee or Tom, Keywaypee, Egotacumshe- 9269 qua, Wabepee, Aquashequa, Pemotah, Nepaho, Takepee, Topo- 9270 sheka, Latbawanomo, Sowaghkota or Yellow clouds, Meenke- 9271 sheka, Asheseka, Ochipwaj^, Thapaeka, Chakata, 2!fakacheka, 9272 Thathouakata, Paytokothe, Palaske, Shesbeloo, Quanaqua, Kal- 9273 koo, Toghshena, Capowa, Ethowakosee, Quaquesha, Capea, Tha- 9274 katcheway, The man going up hill, Magotha, Tecumtequa, Sete- 9275 pakothe, Kekentha, Shiatwa, Shiabwasson, Koghkela, Akopee 9276 or a Heep of any thing, Lamatothe, Kesha, Pankoor, Peitehtha- 9277 tor or Peter, Metchepelah, Capeah, Showagame, Wawaleepe- 9278 sheeka, Meewen shek a, Nanemepahtoo or Trotter, Pamitchepetoo, 9279 Chalequa, Tetetee, Lesheshe, Ifawabasheka or White feather, 9280 Skepakeskeshe, Tenakee, Shemaka, Pasbeto, Thiatcheto, Metche- 9281 metche, Chacowa, Lawathska, Potchetee or the Man without a 9282 tail, Awabaneshekaw, Patacoma, Lamakesheka, Papashow, 9283 Weathaksheka, Pewaypee, Totah, Canaqua, Skepakutcheka, 9284 Welviesa, Kitahoe, Neentakoshe, Oshaishe, Chilosee, Quilaisha, 9285 Mawethaque, Akepee, Quelenee. 9286 The tract of five miles square, at Hog Creek, is to be 9287 equally divided among the following persons, namely: Peeth- 9288 tha, Onowashim, Pematheywa, Wabekesheke, Leeso, Poh- 9289 caywese, Shemagauashe, Nebquakahuoka, Papaskootepa, Mea- 9290 mepetoo, Welawenaka, Petiska, Ketuckepe, Lawitchetee, Epau- 209 9291 mee, Ohanacke, Jose, Lanawtucka, Shawaynaka, Wawatasbewa, 9292 Ketaksosa, Shashekopeah, Lakose, Qninaska. 9293 The tract of forty-eight square miles, including Lewistown, is 9294 to be equally divided among the following persons, namely : 9295 Shawnoese — Colonel Lewis, Polly Kizer, Theueteseepuah or Weed, 9296 Calossete, Vamauweke, Waucumsee, Skitlewa, Nayabepe, Wo- 9297 sheta, Nopamago, Willesque, Salock, Walathe, Silversmith, 9298 Siatha, Toseluo, Jemmy M-Donald, Jackson, Mohawk Thomas, 9299 Silverheels, John, Wewachee, Cassic, Atsbena, Frenchman, 9300 Squesenau, Goohunt, Manwealte, "Walisee, Billy, Thawwamee, 9301 Wopsquitty, Naywale, Big Turtle, Kolawat, Nawalippa, Razor, 9302 Blue, Tick, Nerer, Palling Star, Hale Clock, Hisoscock, Essqua- 9303 seeto, Geore, Nuussome, Sauhanoe, Joseph, Scotowe, Battease, 9304 Crow, Shilling, Scotta, Nowpour, ]S"ameawah, Quemauto, Snife, 9305 Captain, Taudeteso, Sonrise, Sowget, Duettle LewJ^hJ Jis, 9306 Jacquis, Tonaout, Swaunacou, General, Cussaboll, Bald, Crooked 9307 Stick, Wespata, Newasa, Garter, Porcupine, Pocaloche, Wo- 9308 cheque, Sawquaha, Bnata, Panther, Colesetos, Joe. Senecas — 9309 Civil John, Wild Duck, Tall Man, Molasses, Ash, Nahanexa, 9310 Tasauk, Agusqueuah, Rouglileg, Quequesaw, Playful, Hairlip, 9311 Sientinque, Hillnepewayatuska, Tauliunsequa, Nynoah, Suchus- 9312 que, Leemutque, Treuse, Sequate, Caumecus, Scowneti, Tocon- 9313 dusque, Conhowdatwaw, Cowista, Nequatren, Cowhousted, Gill- 9314 was, Axtaea, Conawwehow, Sutteasee, Kiahoot, Crane, Silver, 9315 Bysaw, Crayflste, Woollyhead, Couundahaw, Shacosaw, Goindos, 9316 Hutchequa, Nayau, Connodose, Coneseta, Nesluauta, Owl, Cou- 9317 auka, Oocheco, Couewash, Sinnecowacheckowe or Leek. 9318 The tract of three miles square for the Delaware Indians, 9319 adjoining the tract of twelve miles square upon the Sandusky 9320 Eiver, is to be equally divided among the following persons, 9321 namely: Captain Pipe, Zeshauau or James Armstrong, Mahaw- 9322 too or John Armstrong, Sanowdoyeasquaw or Silas Armstrong, 9323 Teorow or Black Raccoon, Hawdorowwatistie or Billy Montour, 9324 Buck Wheat, William Dondee, Thomas Lyons, Johnny Cake, 9325 Captain Wolf, Isaac Hill, John Hill, Tishatahoones or widow 9326 Armstrong, Ayenucere, Hoomaurow or John Ming, Youdorast. 9327 CHIPPBWAS, MEN0M0NIE3, AND WlNEBAGOES. 9328 Articles of a treaty made and concluded at the Butte des Marts, on 9329 I^ox River, in the Territory of Michigan, between Lewis Cass 9330 • and Thomas L. M^Kenney, commissioners on the part of the 9331 United States, and the Chippewa, Menomonie, and Winsbago 9332 tribes of Indians. 27 IT 210 9333 Article 1. Whereas the southera boundary of the Ohip- 9334 pewa country, from the Plover Portage of the Oaiscoasiu east- 0335 erly, was left undeflued by the treaty concluded at Prairie dii 933'3 Ohien, August 19, 1825, in consequence of the non-attendance 9337 of some of the principal Menomonie chiefs ; and whereas it was 9338 provided by the said treaty that, whenever the President of the 9339 United States might think proper, such of the tribes, parties to 9340 the said treaty, as might be interested in any particular line, 9341 should be convened, in order to agree upon its establishment ; 9342 Therefore, in pursuance of the said provision, it is agreed 9343 between the Chippewas, Menomonies, and Winebagoes, that the 9344 southern boundary of the Chippeway country shall run as fol- 9345 lows, namely: From the Plover Portage of the Oaisconsin, on 9346 a northeasterly course, to a point on Wolf River equidistant 9347 from the Ashawano and Post Lakes of said river, thence to the 9348 falls of the Pashaytig River, of Green Bay ; thence to the junc- 9349 tion of the Neesau KootagorBurnt-wood River, with the Meno- 9350 monie; thence to the big island of the Shoskinaubic or Smooth 9351 Rock River; thence following the channel of the said river to 9352 Green Bay, which it strikes between the Little and the Great 9353 Bay de Noquet. 9354 Article 2. Much difficulty having arising from the negoci- 9355 ations between the Menomonie and Winebago tribes and the 9356 various tribes and portions of tribes of Indians of the State of 9357 New York, and the claims of the respective parties being much 9358 contested, as well with relation to the tenure and boundaries of 9359 the two tracts claimed by the said New York Indians, west of 9300 Lake Michigan, as to the authority of the persons who signed 93G1 the agreement on the part of the Menomonies, and the whole 9362 subject having been fully examined at the council this day con- 9303 eluded, and the allegations, proofs, and statements of the re- 9304 spective parties having been entered upon the journal of the 9365 commissioners, so that the same can be decided by the Presi- 9366 dent of the United States, it is agreed by the Menomonies and 9367 Winebagoes, that so far as respects their interest in the premises, 9308 the whole matter shall be referred to the President of the United 9369 States, whose decision shall be final. And the President is an- 9370 thorized, on their parts, to establish such boundaries between 9371 them and the New York Indians as he may consider equitable 9372 and just. 9373 Article 3. It being important to the settlement of Green 9374 Bay that definite boundaries should be established between the 9375 tract claimed by the former French and British governments, 9376 and the lands of the Indians, as well to avoid future disputes as 9377 to settle the question of jurisdiction, it is therefore agreed be- 9378 tween the Menomonie tribe and the United States, that the 211 9379 boundaries of the said tracts, tlie jurisdiction and title of which 9380 are hereby acknowledged to be in the United States, shall be 9381 as follows, namely : Beginning on the shore of Green Bay, six 9382 miles due north from the parallel of the mouth of Fox River, 9383 and running thence in a straight Hue, but with the general course 9384 of the said river, and six miles therefrom, to the intersection of the 9385 continuation of the westerly boundary of the tract at the Grand 9386 Kaukaulin, claimed by Augustin Grignion ; thence on a line with 9387 the said boundary to the same ; thence with the same to Fox 9388 Eiver; thence on the same course, six miles; thence in a direct 9389 line to the southwestern boundary of the tract, marked on the 9390 plan of the claims at Green Bay, as the settlement at the bottom 9391 of the bay; thence with the southerly boundary of the said tract to 9392 the southeasterly corner thereof, and thence with the easterly 9393 boundary of the said tract to Green Bay. Provided, that if the 9391 President of the United States should be of opinion that the 9395 boundaries thus established interfere with any just claims of 9396 the New York Indians, the President may then change the said 9397 boundaries in any manner he may think proper, so that the 9398 quantity of land contained in the said tract be not greater than 9399 by the boundaries herein defined. And provided, also, that noth- 9400 ing herein contained shall be construed to have any effect upon 9401 the land-claims at Green Bay ; but the same shall remain as 9402 though this treaty had not been formed. 9403 Article 4. In consideration of the liberal establishment of 9404 the boundaries, as herein provided for, the commissioners of the 9105 United States have this day caused to be distributed among 9106 the Indians goods to the amount of fifteen thousand six hun- 9407 dred and eighty-two dollars, payment for which shall be made 9408 by the United States. 9409 Article 5. The sum of one thousand dollars shall be annually 9410 appropriated for the term of three years, and the sum^of fifteen 9411 hundred dollars shall be annually thereafter appropriated as 9412 long as Congress think proper, for the education of the children 9413 of the tribes, parties hereto, and of the New York Indians, to 9414 be expended under the direction of the President of the United 9415 States. 9410 Article G. The United States shall bo at liberty, notwith- 9417 standing the Winebagoes are parties to this treaty, to pursue 9418 such measures as they may think proper for the punishment of 9419 the perpetrators^of the recent outrages at Prairie du Ohien, and 9420 upon the Mississippi, and for the prevention of such acts here- 9421 after. 9422 Article 7. This treaty shall be obligatory after its ratifl- 94S3 cation by the President and Senate of the United States. Pro- 212 9424 vided, That the said treaty shall not impair or afifect any right 9425 or claim which the ^ew York Indians or any of them have to 9426 the lands or any of the lands mentioned in the said treaty." 9427 Proclaimed February 23, 1829. 9428 . . CHIPPEWAS— PILLAGER BAND. 9429 Articles of a treaty made and concluded at Leech Lake on the twenty- 9430 first day of August, in the year one thousand eight hundred 9431 and forty-seven, between the United States, by their commis- 9433 sioners, Isaac A. Verplank and Henry M. Mice, and the Pil- 9433 lager Band of Chippewa Indians, hy their chiefs, head-men, 9434 and warriors, 9435 Article 1. It is agreed that the peace and friendship 9436 which exists between the United States and the Indians, parties 9437 to this treaty, shall be perpetual. 9438 Article 2. The Pillager band of Chippewa Indians hereby 9439 sell and cede to the United States all the country within the fol- 9440 lowing boundaries, viz: Beginning at the south end of Otter-Tail 9441 Lake; thence southerly on the boundary-line between the Sioux 9442 and Chippewa Indians to Long Prairie Eiver ; thence up said river 9443 to Crow Wing Eiver ; thence up Crow Wing Eiver to Leaf Eiver ; 9444 thence up Leaf Eiver to the head of said river ; and from thence 9445 in a direct line to the place of beginning. 9446 Article 3. It is stipulated that the country hereby ceded 9447 shall be held by the United States as Indian land until other- 9448 wise ordered by the President. * 9449 Article 4. In consideration of the foregoing cession, the 9450 United States agree to furnish to the Pillager band of Chippewa 9451 Indians annually, for five years, the following articles : Fifty 9452 threepoiut Mackinaw blankets, three hundred two and a half 9453 point Mackinaw blankets, fifty one_and a half point Mackinaw 9454 blankets, three hundred and forty yards of gray list-cloth, four 9455 hundred and fifty yards of white list scarlet cloth, eighteen hun- 9456 ^red yards of strong dark prints, assorted colors, one hundred 9457 and fifty pounds three-thread gray gillingtwine, seventy-five 9458 pounds turtle-twine, fifty bunches sturgeon-twine, twenty-five 9459 pounds of linen thread, two hundred combs, five thousand as- 9460 sorted needles, one hundred and fifty medal looking-glasses, ten 9461 pounds of vermilion, thirty nests (fourteen each) heavy tin ket- 9462 ties, five hundred pounds of tobacco, and five barrels of salt. 9463 And the United States further agree that at the first payment 9464 made under this treaty the Indians, parties to this treaty, shall 213 9465 receive as a present two hundred warranted beaver-traps and 9466 seventy-five northwest guns. 9467 Article 5. This treaty shall be obligatory upon the par- 9468 ties thereto when ratified by the President and Senate of the 9469 United States. In testimony whereof, the said Isaac A.Verplank 9470 and Henry M. Eice, commissioners, as aforesaid, and the chiefs, 9471 head-men, and warriors of the Pillager band of Chippewa lu- 9472 dians, have hereunto set their hands at Leech Lake, this twenty- 9473 first day of August, one thousand eight hundred and forty-seven. 9474 Proclaimed April 7, 1848. 9475 CHIPPEWAS OP THE MISSISSIPPI— CHIPPE WAS— 9476 PILLAGER AND LAKE WINNIBIGOSHISH BANDS. 9477 Treaty with the Ghippetcas of the Mississippi and the Pillager and 9478 LaTce Winibigoshish hands of Chippewa Indians in Minnesota, 9479 concluded at Washington, in the District of Columbia, March 9480 11, 1863; ratified March 13, 1863, with amendments ; amend- 9481 ments agreed to March 14, 1863. 9482 By the President of the United States of America, 9483 A PROCLAMATION. 9484 To all and singular to ivhom these presents shall come, greeting : 9485 Whereas a treaty was made and concluded at the city of 9486 Washington, in the District of Columbia, on the eleventh day of 9487 March, in thei year of our Lord one thousand eight hundred and 9488 sixty-three, by and between William P. Dole, Commissioner of 9489 Indian Affairs, and Clark W. Thompson, superintendent of In- 9490 dian affairs of the northern superintendency, on the part of the 9491 United States, and Henry M. Rice, of Minnesota, and the herein- 9492 after named chiefs and head-men, for and on behalf of the Chip- 9493 pewas of the Mississippi and the Pillager and Lake Winibi- 9494 goshish bands of Chippewa Indians in Minnesota, and duly 9495 authorized thereto by them, which treaty is in the words and 9496 figures following, to wit : 9497 Articles of agreement and convention, made and concluded at 9498 the city of Washingten, this eleventh day of March, A. D. 9499 one thousand eight hundred and sixty-three, between Wil- 9500 liam P. Dole, Commissioner of Indian Affairs, and Clark 9501 W. Thompson, superintendent of Indian affairs of the 9502 northern superintendency, on the part of the United States, 9503 and Henry M. Rice, of Minnesota, for and on behalf of the 214 9504 Chippewas of the Mississippi and the Pillager aud Lake 9505 Winibigoshish bands of Chippewa Indians in Minnesota. 9506 Abticle 1. The reservations known as Gull Lake, Mille 9507 Lac, Sandy Lake, Eabbit Lake, Pokagomin Lake, and Eice 9G08 Lake, as described in the second clause of the second article of 9509 the treaty with the Chippewas of the 22d February, 1855, are 9510 hereby ceded to the United States, excepting one-half section 9511 of land, including the mission-buildings at Gull Lake, which is 9512 hereby granted in fee simple to the Reverend John Johnson, 9513 missionary. 9514 Article 2. In consideration of the foregoing cession, the 9515 United States agree to set apart for the future homes of the 9516 Chippewas of the Mississippi, all the lands embraced within the 9517 following-described boundaries, except the reservations made 9518 and described in the third clause of the second article of the 9519 said treaty of February 22, 1855, for the Pillager and Lake 9520 Winibigoshish bands; that is to say, beginning at a point oue 9521 mile south of the most southerly point of Leech Lake, and run- 9522 ning thence in an easterly course to a point one mile south of 9523 the most southerly point of Goose Lake; thence due east to a 9524 point due south from the intersection of the Pokagomin reserva- 9525 tion and the Mississippi Eiver; thence on the dividing-line be- 9526 tween "Deer Eiver and Lakes" and " Mashkorden's Eiver and 9527 Lakes," until a point is reached north of the first-named river 9528 and lakes; thence in a direct line northwestwardly to the outlet 9529 of " Two-Eoutes Lake;" thence in a southwesterly direction to 9530 the northwest corner of the " Cass Lake " reservation ; thence in 9531 a southwesterly direction to "Karbekaun" Eiver; thence down 9532 said river to the lake of the same name ; thence due south to a 9533 point due west from the beginning; thence to the place of be- 9534 ginning. 9535 Article 3. In consideration of the foregoing cession to the 9536 United States, and the valuable improvements thereon, the 9537 United States further agree : 1st. To extend the present annui- 9538 ties of the Indians, parties to this treaty, for ten years beyond 9539 the periods respectively named in existing treaties; 2nd. And 9540 to pay toward the settlement of the claims for depredations 9541 committed by said Indians in 1862, the sum of twenty thousand 9542 dollars, or so much thereof as may be necessary, provided that 9543 no money shall be paid under this item except upon claims 9544 which have been duly adjudicated and found to be due under 9545 existing treaties, from said Indians, and allowed by the Secre- 9546 tary of the Interior, or under his direction; 4th. To the chiefs 9547 of the Chippewas of the Mississippi, sixteen thousand dollars, 9548 (provided they shall pay to the chiefs of the Pillager and Lake 9549 Winibigoshish bands one thousand dollars,) to be paid upon the 215 9550 signing of this treaty, out of the arrearages due under the 9th 9551 article of the treaty concluded at La Pointe, in the State of 9552 Wisconsin, on the 30th of September, 1854 ; 5th. And to pay 9553 the expenses incurred by the legislature of the State of Minue- 9554 sota, in the month of September, 1862, in sending commission- 9555 ers to visit the Chippewa Indians, amounting to thirteen hun- 9556 dred and thirty-eight dollars and seventy-five cents. 9557 Article 4. The United States further agree to clear, 9558 stump, grub, and break in the reservation hereby set apart for the 9559 Chippewas of the Mississippi, in lots of not less than ten acres 9560 each, at such point or points as the chiefs of each baud may 9561 select, as follows, viz: For the Gull Lake band, seventy acres; 9562 for the Mille Lac band, seventy acres; for the Sandy Lake band, 9563 fifty acres; for the Pokagomiu band, fifty acres; for the Eabbit 9564 Lake band, forty acres ; for the Eice Lake band, twenty acres ; 9565 and to build for the chiefs of said bauds one house each, of the 9566 following description: to be constructed of hewn logs; to be 9567 sixteen by twenty feet each and two stories high ; to be roofed 9568 with good shaved pine shingles; the floors to be of seasoned 9569 i)ine-plauk, jointed; stone or brick fire-places and chimneys; 9570 three windows in lower story and two in the upper story, with 9571 good substantial shutters to each, and suitable doors ; said 9572 houses to be pointed with lime mortar : provided, that the 9573 amount expended under this article shall not exceed the sum of 9574 three thousand six hundred dollars. 9575 Article 5. The United States agree to furnish to said 9576 Indians, parties to this treaty, ten yoke of good, steady, work- 9577 oxen, and twenty log-chains, annually, for ten yeai'S, provided 9578 the Indians shall take proper care of, and make proper use of 9579 the same; also, for the same period, annually, two hundred 9580 grubbing-hoes, ten ploughs, ten grindstones, one hundred axes, 9581 handled, not to exceed in weight three and one-half pounds 9582 each, twenty spades; also, two carpenter-s, and two blacksmiths, 9583 and four farm laborers, and one physician — not exceeding, in 9584 the aggregate, one thousand dollars. 9585 Aetiglb 6. The United States further agree to remove the 9586 saw-mill from Gull Lake reservation to such point on the new 9587 reservation hereby set apart as may be selected by the agent, 9588 and to keep the same in good running order, and to employ a 9589 competent sawyer, so long as the President of the United States 9590 may deem it necessary; and to extend the road between Gull 9591 Lake and Leech Lake from the last-named lake to the junction 9592 of the Mississippi and Leech Lake Eivers, and to remove the 9593 agency to said junction, or as near thereto as practicable; but 9594 not more than thousand dollars shall be expended for this 9595 purpose. 216 9596 Akticle 7. The President shall appoint a board of visitors, 9597 to consist of not less than two nor more than three persons, to 9598 be selected from such Christian denominations as he may desig- 9599 nate, whose duty it shall be to attend the annuity payments to 9600 the Indians, and to inspect the fields and other improvements of 9601 the Indians, and to report annually thereon, on or before the 9602 first of Ifovember; and also as to the qualifications and moral 9603 deportment of all persons residing upon the reservation under 9604 the authority of law; and they shall receive for their services 9605 five dollars per day for the time actually employed, and ten cents 9606 per mile for travelling expenses : Provided, That no one shall be 9607 paid in any one year for more than twenty days' service, or for 9608 more than three hundred miles' travel. 9609 Aetiolb 8. No person shall be recognized as a chief whose 9610 band numbers less than fifty persons; and to encourage and aid 9611 the said chiefs in preserving order, and inducing by their example 9612 and advice the members of their respective bands to adopt the 9613 pursuits of civilized life, there shall be paid to each of said 9614 chiefs, annuallj'-, out of the annuities of said bauds, a sum not 9615 exceeding one hundred and fifty dollars, to be determined by 9616 the Commissioner of Indian Affairs, according to their respective 9617 merits. 9618 ABTidLE 9. To improve the morals and industrial habits 9619 of said Indians, it is agreed that no agent, teacher, interpreter, 9620 traders, or their employes, shall be employed, appointed, li- 9621 censed, or permitted to reside within the reservations belonging 9622 to the Indians, parties to this treaty, missionaries excepted, who 9623 shall not have a lawful family residing with them at their re- 9624 spective places of employment or trade within the agency, 9625 and no person of full or mixed blood, educated or partially ed- 9626 ucated, whose fitness, morally or otherwise, is not conducive to 9627 the welfare of said Indians, shall receive any benefits from this 9628 or any former treaties. 9629 Article 10. All annuities under this or former treaties 9630 shall be paid as the chiefs in council may request, with the ap- 9631 proval of the Secretary of the Interior, until otherwise altered 9632 or amended : Provided, That not less than one-half of said annui- 9633 ties shall be paid in necessary clothing, provisions, and other 9634 necessary and useful articles. 9635 Article 11. Whenever the services of laborers are re- 9636 quired upon the reservation, preference shall be given to full or 9637 mixed bloods, if they shall be found competent to perform them. 9638 Article 12. It shall not be obligatory upon the Indians, 9639 parties to this treaty, to remove from their present reservations 9640 until the United States shall have first complied with the stipu- 9641 lations of Articles 4 and 6 of this treaty, when the United States 217 9642 shall farnisli them with all necessary transportation and sub- 9643 sistence to their new homes, and subsistence for six months 9644 thereafter : Provided, That owing to the heretofore good con- 9645 duct of the Mille Lac Indians, they shall not be compelled to 9646 remove so long as they shall not in any way interfere with or in 9647 any manner molest the persons or property of the whites. 9648 Article 13. Female members of the family of any Gov- 9649 ernment employ^ residing on the reservation, who shall teach 9650 Indian girls domestic economy, shall be allowed and paid a sum 9651 not exceeding ten dollars per month while so engaged : Provided, 9652 That not more than one thousand dollars shall be so expended 9653 during any one year, and that the President of the United 9654 States may suspend or annul this article whenever he may deem 9655 it expedient to do so. 9656 Article 14. It is distinctly understood and agreed that 9657 the clearing and breaking of land for the Ohippewas of the Mis- 9658 sissippi, as provided for in the fourth article of this treaty, shall 9659 be in lieu of all former engagements of the United States as to 9660 the breaking of lands for those bands. 9661 ^ Proclaimed March 19, 1863. 9662 CHIPPEWAS OP THE MISSISSIPPI AND LAKE SUPB- 9663 EIOE. 9664 Articles of a treaty made and concluded at La Pointe of Lake 9665 Superior, in the Territory of Wisconsin, between Robert 9666 Stuart, commissioner on the part of the United States, and the 9667 Chippewa Indians of the Mississippi and Lake Superior by 9668 their chiefs and head-men. 9669 Article 1. The Chippewa Indians of the Mississippi and 9670 Lake Superior cede to the United States all the country within 9671 the following bounderies, viz : Beginning at the mouth of Choc- 9672 olate Eiver of Lake Superior ; thence northwardly -across said 9673 lake to intersect the boundery-line between the United States 9674 and the Province of Canada j thence up said Lake Superior to 9675 the mouth of the St. Louis or Pond du Lac Eiver, (including. 9676 all the islands in said lake;) thence up said river to the American 9677 Pur Company's trading-post, at the southwardly bend thereof, 9678 about twenty-two miles from its mouth ; thence south to inter- 9679 sect the line of the treaty of 29th July, 1837, with the Chippe- 9680 was of the Mississippi ; thence along said line to its southeast- 9681 wardly extremity, near the Plover portage on the Wisconsin 9682 Eiver; thence northeastwardly, along the boundery-line, be- 9683 tween the Chippewas and Menomonees, to its eastern termina- 28 IT 218 9684 tion, (established by the treaty held with the Chippewas, Meno- 9685 monees, and Winnebagoes, at Butte des Morts, August 11, 1827,) 9686 on the Skonawby Eiver of Green Bay ; thence northwardly to 9687 the source of Chocolate Eiver; thence down said river to its 9688 mouth, the place of beginning ; it being the intention of the 9689 parties to this treaty to include in this cession all the Chippewa 9690 lands eastwardly of the aforesaid line running from the American 9691 Fur Company's trading-post, on the Fond du Lac Eiver, to the 9692 intersection of the line of the treaty made with the Ohippewas 9693 of the Mississippi July 29, 1837. 9694 Article 2. The Indians stipulate for the right of hunting 9695 on the ceded territory, with the other usual privileges of occu- 9696 pancy, until required to remove by the President of the United 9697 States, and that the laws of the United States shall be continued 9698 in force, in respect to their trade and intercourse with the whites, 9699 until otherwise ordered by Congress. 9700 Aktiole 3. It is agreed by the parties to this treaty, that 9701 whenever the Indians shall be required to remove from the ceded 9702 district, all the unceded lands belonging to the Indians of Fond 9703 du Lac, Sandy Lake, and Mississippi bands shall be the common 9704 property and home of all the Indians, party to this treaty. 9705 Abticle 4. In consideration of the foregoing cession, the 9706 United States engage to pay to the Chippewa Indians of the 9707 Mississippi and Lake Superior, annually, for twenty-five years, 9708 twelve thousand five hundred (12,500) dollars, in- specie, ten 9709 thousand five hundred (10,500) dollars in goods, two thousand 9710 (2,000) dollars in provisions and tobacco, two thousand (2,000) 9711 dollars for the support of two blacksmith's shops, (including pay 9712 of smiths and assistants, and iron, steel, &c.,) one thousand (1,000) 9713 dollars for pay of two farmers, twelve hundred (1,200) for pay of 9714 two carpenters, and two thousand (2,000) dollars for the support 9715 of schools for the Indians party to this treaty ; and further the 9716 United States engage to pay the sum of five thousand (5,000) 9717 dollars as an agricultural fund, to be expended under the direc- 9718 tion of the Secretary of War. And also the sum of seventy-five 9719 thousand (75,000) dollars shall be allowed for the full satisfaction 9720 of their debts within the ceded district, which shall be examined 9721 by the 'commissioner to this treaty, and the amount to be allowed 9722 decided upon by him, which shall appear in a schedule hereunto 9723 annexed. The United States shall pay the amount so allowed 9724 within three years. 9725 Whereas the Indians have expressed a strong desire to have 9726 some provision made for their half-breed relatives, therefore it is 9727 agreed that fifteen thousand (15,000) dollars shall be paid to 9728 said Indians, next year, as a present, to be disposed of as they, 9729 together with their agent, shall determine in council. 219 9730 Article 5. Whereas the whole country between Lake Supe- 9731 rior and the Mississippi has always been understood as belong- 9732 ing in common to the Chippewas, party to this treaty; and 9733 whereas the bands bordering on Lake Superior have not been 9734 allowed to participate in the annuity payments of the treaty 9735 made with the Ohippewas of the Mississippi, at St. Peters, July 9736 29th, 1837, and whereas all the unceded lands belonging to the 9737 aforesaid Indians are hereafter to be held in common, therefore, 9738 to remove all occasion for jealousy and discontent, it is agreed 9739 that all the annuity due by the said treaty, as also the annuity 9740 due by the present treaty, shall henceforth be equally divided 9741 among the Chippewas of the Mississippi and Lake Superior, party 9742 to this treaty, so that every person shall receive an equal share. 9743 Aeticle 6. The Indians residing on the Mineral district 9744 shall be subject to removal therefrom at the pleasure of the 9745 President of the United States. 9746 Article 7. This treaty shall be obligatory upon the con- 9747 tracting parties when ratified by the President and Senate of the 9748 United States. 9749 Proclaimed March 28, 1843. 9750 Schedule of claims examined and allowedby Robert Stuart, commis- 9751 sioner, under the treaty with the Chippewa Indians of the Mis- 9752 sissippi and Lake Superior, concluded at La Pointe, October 9753 ith, 1842, setting forth the names of claimants, and their pro- 9754 portion of alloioance of the seventy-Jive thousand dollars pro- 9755 vided in the fourth article of the aforesaid treaty, for the full 9756 satisfaction of their debts, asfolloics : Proportion of $75,00D, No. ordaimB. Name of claimant. set apart in 4th article of treaty. 9757 1. Edward F. Ely $50 80 9758 2. Z. Piatt, esq., attorney for George Berkett. . . . 484 67 9759 3. Cleveland North Lake Co 1, 485 67 9760 4. Abraham W. Williams. 75 03 9761 5. William Brewster 2,052 67 9762 This claim to be paid as follows, viz : William 9763 Brewster or order, $1,929.77 ; Charles W. 9764 Borup or order, $122.90— $2,052.67. 9765 6. George Copway 6167 9766 7. John Kahbege 57 55 9767 8. Alixes Carpantier ... 28 58 9768 9. John W.Bell 186 16 9769 10. Antoine Picard , 6 46 9770 11. Michael Brisette 182 42 9771 12. FranQois Dejaddon 30148 220 Proportion of $75,000, No of claim. Name of claimant. set apRrt in 4th artiole ol treaty. 9772 13. Pierre 0. Duverney : $1,10100 9773 14. Jean Bts. Bazinet 325 46 9774 15. John Hotley 69 00 9775 16. Frangois Charette 234 92 9776 17. Clement H. Beaulieu, agent for the estate of 9777 Brazil Beaulieu, dee'd 596 84 9778 18. Pran9ois St. Jean and George Bonga 366 84 9779 19. Louis Ladebauche 322 52 9780 20. Peter Grebassa... 499 27 9781 21. B.'T. Kavanaugh 516 82 9782 22. Augustin Goslin 169 05 9783 23. American Pur Company 13,365 30 9784 This claim to be paid as follows, viz : Amer- 9785 ican Pur Company, $12,565.10; Charles 9786 W. Borup, $800.20— $13,365.30. 9787 24. William A. Aitken 935 67 9788 25. James P. Scott 73 41 9789 26. Augustin Bellanger 192 35 9790 27. Louis Corbin 12 57 9791 28. Alexes Corbin 596 03 9792 29. George Johnson 35 24 9793 30. Z. Piatt, esq., attorney for Sam'l Ashman. ... 1,77163 9794 31. Z. Piatt, esq., attorney for Wm. Johnson 390 27 9795 32. Z. Piatt, esq., attorney for estate of Dan'l Ding- 9796 ley 1, 991 62 9797 33. Lyman M. Warren 1,566 65 9798 34. Estate of Michael Cadotte, disallowed 9799 35. Z. Piatt, esq., attorney for estate of E. Eous- 9800 sain , 959 13 9801 36. Joseph Dufault 144 32 9802 37. Z. Piatt, esq., attorney for Antoiue Mace 170 35 9803 38. Michael Cadotte 205 60 9804 39. Z. Piatt, eSq., att'y for Prangois Gauthier 167 05 9805 40. Z. Piatt, esq., att'y for Joseph Gauthier 614 30 9806 41. Z. Piatt, esq., attorney for J. B. Uoulle 64 78 9807 42, Jean Bts. Corbin 531 50 9808 43. John Hulburt 209 18 9809 44. Jean Bts. Couvellion 18 80 9810 45. Mcholas Da Couteau, withdrami 9811 46. Pierre Cott6 732 50 9812 47. W. H. Brockway and Henry Holt, executors to 9813 the estate of John Holiday, dec'd 3, 157 10 9814 48. John Jacob Astor.. 27,994 98 221 Proportion of $75,000, No of claim. Name of clciimaut. «et apart in 4tli article of treaty. 9815 This claim to be paid as follows, viz : Charles 9816 W, Borup, $1,676.90; Z. Piatt, esq., 9817 $2,621.80 ; John Jacob Astor, $23,696,28— 9818 $27,994.98. 9819 49. Z. Piatt, esq., attorney for Thos. Connor $1, 118 60 9820 50. Charles p. Oakes 4,309 21 ,9821 51, Z, Piatt,, esq., attorney for Wm. Morrison 1, 074 70 9822 52. Z. Piatt, esq., att'y for Isaac Butterfield 1, 275 56 9823 53, J. B. Yan Eensselaer 62 00 9824 54. William Brewster and James W. Abbot 2, 067 10 9825 The parties to this claim request no payment 9826 be made to either without their joint con- 9827 sent, or until a decision of the case be had 9828 in a court of justice. 9829 55. William Bell ' 17 62 9830 9831 $75,000 00 9832 Articles of a treaty made and concluded at the Fond du Lac of LaJce 9833 Superior, on the second day of Ai/f/ust, in the year one thousand 9834 eight hundred and forty-seven, between the United States, by 9835 their commissioners, Isaac A. Verplank and Henry M. Bice, 9836 and the Chippewa Indians of the Mississippi and Lake Superior, 9837 by their chiefs and head-men. 9838 Akticle 1. It is agreed that the peace and friendship which 9839 exists between the peojjle of the United States and the Chip- 9840 pewa Indians shall be perpetual. 9841 Article 2. The Chippewa Indians of the Mississippi and 9842 Lake Superior cede and sell to the United States all the land 9843 within the following boundaries, viz : Beginning at the junction 9844 of the Crow Wing and Mississippi Rivers, thence up the Crow 9845 Wing Eiver to the junction of that river with the Long Prairie 9846 Eiver, thence up the Long Prairie Eiver to the boundary-line 9847 between the Sioux and Chippewa Indians, thence southerly 9848 along the said boundary-line to a lake at the head of Long 9849 Prairie Eiver, thence in a direct line to the sources of the 9850 Watab Eiver, thence down the Watab to the Mississippi River, 9851 thence up the Mississippi to the place of beginning; and also all 9852 the interest and claim which the Indians, parties to this treaty, 9853 have in a tract of land lying upon and north of Long Prairie 9854 River, and called One-day's Hunt ; but, as the boundary-line 9855 between the Indians, parties to this treaty, and the Chippewa 9856 Indians, commonly called " Pillagers," is indefinite, it is agreed 9857 that before the United States use or occupy the said tract of 9858 land north of Long Prairie Eiver. the boundary-line between the 222 9859 said tract and the Pillager lands shall be defined and settled to 9860 the satisfaction of the Pillagers. 9861 Article 3. In consideration of the foregoing cession, the 9862 United States agree to pay to the Chippewas of Lake Superior 9863 seventeen thousand dollars in specie, and to the Chippewas of 9864 the Mississippi seventeen thousand dollars in specie ; the above 9865 sums to be paid at such place or places, and in such manner, as 9866 the President shall direct, and to be paid within six months 9867 after this treaty shall be ratified by the President and Senate 9868 of the United States ; and the United States further agree to 9869 pay to the Mississippi Indians the sam of one thousand dollars 9870 annually for forty- six years ; but it is agreed that whenever the 9871 Chippewas of the Mississippi shall agree as to the schools to be 9872 established, and the places at which they shall be located, the 9873 number of blacksmiths and laborers to be employed for them, 9874 and shall request the United States to expend, from year to 9875 year, the annual payments remaining unpaid, in the support of 9876 schools, blacksmiths, and laborers, the same shall be expended 9877 by the United States for such purposes ; and that Chippewas of 9878 full or mixed bloo4 shall be employed as teachers, blacksmiths, 9879 and laborers, when such persons can be employed who are com- 9880 petent to perform the duties required of them under this and 9881 all former treaties. 9882 Article 4. It is stipulated that the half or mixed bloods of 9883 the Chippewas residing with them shall be considered Chippewa 9884 Indians, and shall, as such, be allowed to participate in all annu- 9885 ities which shall hereafter be paid to the Chippewas of the Mis- 9886 sissippi and Lake Superior, due them by this treaty, and by the 9887 treaties heretofore made and ratified. 9888 Article 5. Stricken out. 9889 Article 6. This treaty shall be obligatory upon the con- 9890 tracting parties when ratified by the President and Senate of 9891 the United States. 8892 Proclaimed April 7, 1848. 9893 Franklin Pierce, President of the United States of America, 9894 to all and singular to whom these presents shall come, 9895 greeting : 9896 Whereas a treaty was made and concluded at La Pointe, in 9897 the State of Wisconsin, on the thirtieth day of September, 9898 eighteen hundred and fifty-four, by Henry C. Gilbert and David 9899 B. Herriman, commissioners on the part of the United States, 9900 and the Chippewa Indians of Lake Superior and the Mississippi, 9901 by their chiefs and head-men, which treaty is in the words fol- 9902 lowing, to wit : 9903 Articles of a treaty made and concluded at La Pointe, in the 223 9904 State of Wisconsin, between Heury 0. Gilbert and David 9905 B. Herriman, commissioners on the part of the United 9906 States, and the Chippewa Indians of Lake Superior and the 9907 Mississippi, by their chiefs and head-men. 9908 Article 1. The Chippewas of Lake Superior hereby cede to 9909 the United States all the lands heretofore owned by them in 9910 common with the Chippewas of the Mississippi, lying east of the 9911 following boundary-line, to wit : Beginning at a point where 9912 the east branch of Snake Eiver crosses the southern boundary- 9913 line of the Chippewa country, running thence up the said 9914 branch to its seurce, thence nearly north, in a straight line, to 9915 the mouth of East Savannah Eiver, thence up the St. Louis 9916 Eiver to the mouth of East Swan Eiver, thence up the East Swan 9917 Eiver to its source, thence in a straight line to the most west- 9918 erly bend of Vermillion Eiver, and thence down the Vermillion 9919 Eiver to its mouth. 9920 The Chippewas of the Mississippi hereby assent and agree 9921 to the foregoing cession, and consent that the whole amount of 9922 the consideration money for the country ceded above shall be 9923 paid to the Chippewas of Lake Superior, and in consideration 9924 thereof the Chippewas of Lake Superior hereby relinquish to 9925 the Chippewas of the Mississippi all their interest iu and claim 9926 to the lands heretofore owned by them in common, lying west of 9927 the above boundary -line. 9928 Article 2. The United States agree to set apart and with- 9929 hold from sale, for the use of the Chippewas of Lake Superior, 9930 the following-described tracts of land, viz : 9931- 1st. For the L'Anse and Vieux De Sert bands, all the un- 9932 sold lands in the following townships in the State of Michigan : 9933 Township fifty-one north range thirty-three west; township 9934 fifty-one north range thirty-two west; the east half of township 9935 fifty north range thirty-three west ; the west half of township 9936 fifty north range thirty-two west ; and all of township fifty-one 9937 north range thirty-one west, lying west of Huron Bay. 9938 2d. For the La Pointe band, and such other Indians as may 9939 see fit to settle with them, a tract of land bounded as follows : 9940 Beginning on the south shore of Lake Superior, a few miles 9941 west of Montreal Eiver, at the mouth of a creek called by the 9942 Indians Ke-che-se-be-we-she, running thence south to a line 9943 drawn east and west through the centre of township forty-seven 9944 north, thence west to the west line of said township, thence 9945 south to the southeast corner of township forty-six north, range 9946 thirty-two west, thence west the width of two townships, thence 9947 north the width of two townships, thence west one mile, thence 9948 north to the lake shore, and thence along the lake shore, cross- 9949 ing Shag-waw-me-quon Point, to the place of beginning. Also 224 9950 two hundred acres on the northern extremity of Madeline Island, 9951 for a fishing ground. 9952 3d. For the other Wisconsin bands, a tract of land lying 9953 about Lac De Flambeau, and another tract on Lac Court Oriel- 9954 les, each equal in extent to three townships, the boundaries of 9955 which shall be hereafter agrepd upon or fixed under the direc 9956 tion of the President. 9957 4th. For the Fond Du Lac bands, a tract of land bounded 9958 as follows : Beginning at an island in the St. Louis Eiver, 9959 above Knife Portage, called by the Indians Paw-pawsco-me-me- 9960 tig, running thence west to the boundary-line heretofore de- 9961 scribed, thence north along said boundary-line to the mouth of 9962 Savannah Eiver, thence down the St, Louis Eiver to the 9963 place of beginning. And if said tract shall contain less than 9964 one hundred thousand acres, a strip of land shall be added on 9965 the south side thereof large enough to equal such deficiency. 9966 5th. For the Grand Portage band, a tract of land bounded 9967 as follows : Beginning at a rock a little east of the eastern ex- 9968 tremity of Grand Portage Bay, running thence along the lake 9969 shore to the mouth of a small stream called by the Indians Mavf,- 9970 ske-gwaw-caw-maw-se-be, or Cranberry JMarsh Eiver, thence up 9971 said stream, across, the point to Pigeon Eiver, thence down 9972 Pigeon Eiver to a point opposite the starting-point, and thence 9973 across to the place of beginning. 9974 6th. The Ontonagon band and that subdivision of the La 9975 Pointe band of which Buffalo is chief may each select, on or 9976 near the lake shore, four sections of land, under the direction 9977 of the President, the boundaries of which shall be defined 9978 hereafter. And being desirous to provide for some of his conuec- 9979 tions who have rendered his people important services, it is 9980 agreed that the chief Buffalo may select one section of land, at 9981 such place in the ceded territory as he may see fit, which shall 9982 be reserved for that purpose, and conveyed by the United States 9983 to such person or persons as he may direct. 9984 7th. Each head of a family, or single person over tWenty- 9985 one years of age at the present time, of the mixed bloods, be- 9986 longing to the Ghippewas of Lake Superior, shall be entitled to 9987 eighty acres of land, to be selected by them under the direction 9988 of the President, and which shall be secured to them by patent 9989 in the usual form. 9990 Article 3. The United States will define the boundaries 9991 of the reserved tracts, whenever it may be necessary, bj' actual 9992 survey, and the President may, from time to time, at his discre- 9993 tion, cause the whole to be surveyed, and may assign to each 9994 head of a family or single person over twenty-one years of age 9995 eighty acres of land for his or their separate use ; and he may, 225 9996 at his discretion, as fast as the occupants become capable, of 9997 transacting their own affairs, issue patents therefor to such oc- 9998 cupants, with such restrictions of the power of alienation as he 9999 may see fit to impose. And he may also, at his discretion, make 10000 rules and regulations respecting the disposition of the lands in 10001 case of the death of the head of a family or single person occu- 10002 pying the same, or in case of its abandonment by them. And 10003 he may also nssign other lands in exchange for mineral lands, if 10004 any such are found in the tracts herein set apart. And he may 10005 also make such changes in the boundaries of such reserved 10006 tracts or otherwise as shall be necessary to prevent interference 10007 with any vested rights. All necessary roads, highways, and 10008 railroads, the lines of which may run through any of the re- 10009 served tracts, shall have the right of way through the same, 10010 compensation being made therefor as in other cases. 10011 Aeticle 4. In consideration of and payment for the coun- 10012 try hereby ceded, the United States agree to pay to the Chip- 10013 pewas of Lake Superior, annually, for the term of twenty years, 10014 the following sums, to wit: five thousand dollars in coin ; eight 10015 thousand dollars in goods, hqusehold furniture, and cooking 10016 utensils; three thousand dollars iii agricultural implements and 10017 cattle, carpenter's and other tools, and building materials, and 10018 three thousand dollars for moral and educational purposes, of 10019 which last sum three hundred dollars per annum shall be paid 10020 to the Grand Portage band, to enable them to maiataiu a school 10021 at their village. The United States will also pay the further 10022 sum of ninety thousand dollars, as the chiefs in open council 10023 may direct, to enable them to meet their present just engage- 10024 ments. Also the further sum of six thousand dollars in agri- 10025 cultural implements, household furniture, and cooking utensils, 10026 to be distributed at the next annuity payment among the mixed 10027 bloods of said nation. The United States will also furnish two 10028 hundred guns, one hundred rifles, five hundred beaver-traps, 10029 three hundred dollars' worth of ammunition, and one thousand 10030 dollars' worth of ready-made clothing, to be distributed among 10031 the young men of the nation at the next annuity payment. 10032 Article 5. The United States will also furnish a black- 10033 smith and assistant, with the usual amount. of stock, during 10034 the continuance of the annuity payments, and as much longer 10035 as the President may think proper, at each of the points herein 10036 set apart for the residence of the Indians, the same to be in lieu 10037 of all the employees to which the Chippewas of Lake Superior 10038 may be entitled under previous. existing treaties. 10039 Article 6. The annuities of the Indians shall not be taken 10040 to pay the debts of individuals, but satisfaction for depredations 29 IT 226 10041 committed by them shall be made by them la such manner as 10042 the President may direct. 10043 Akticle 7. No spirituous liquors shall be made, sold, or 10044 used on any of the lands herein set apart for the residence of 10045 the Indians, and the sale of the same shall be prohibited in the 10046 Territory hereby ceded, until otherwise ordered by the Presi- 10047 dent. 10048 Article 8. It is agreed, between the Ohippewas of Lake 10049 Superior and the Ohippewas of the Mississippi, that the former 10050 shall be entitled to two-thirds, and the latter to one-third, of all 10051 benefits to be derived from former treaties existing prior to the 10052 year 1847. 10053 Article 9. The United States agree that an examination 10054 shall be made, and all sums that may be found equitably due to the 10055 Indians, for arrearages of annuity or other thing, under the pro- 10056 visions of .former treaties, shall be paid as the chiefs may direct. 10057 Article 10. All missionaries, and teachers, and other per- 10058 sons of full age, residing in the territory hereby ceded, or upon 10059 any of the reservations hereby made by authority of law, shall 10060 be allowed to enter the laind occupied by them at the minimum 10061 price whenever the surveys shall be completed to the amount of 10062 one quarter-section each. 10063 Article 11. All annuity payments to the Ohippewas of 10064 Lake Superior^ shall hereafter be made at L'Anse, La Pointe, 10065 Grand Portage, and on the St. Louis Eiver; and the Indians 10066 shall not be required to remove from the homes hereby set apart 10067 for them. And such of them as reside in the territory hereby 10068 ceded shall have the right to hunt and fish therein, until other- 10069 wise ordered by the President. 10070 Article 12. In consideration of the poverty of the Bois 10071 Forte Indians who are parties to this treaty, they having never 10072 received any annuity payments, and of the great extent of that 10073 part of the ceded country owned exclusively by them, the fol- 10074 lowing additional stipulations are made for their benefit. The 10075 United States will pay the sum of ten thousand dollars, as their 10076 chiefs in open council may direct, to enable them to meet their 10077 liresent just engagements. Also the further sum of ten thou- 10078 sand dollars, in five equal annual payments, in blankets, cloth, 10079 nets, guns, ammunition, and such other articles of necessity as 10080 they may require. 10081 They shall have the right to select their reservation at any 10082 time hereafter, under the direction of the President; and the 10083 same may be equal in extent, in proportion to their numbers, to 10084 those allowed the other bands, and be subject to the same pro- 10085 visions. 10086 They shall be allowed a blacksmith, and' the usual smith- 227 10087 shop supplies, and also two persons to instruct them in farming, 10088 whenever in the opinion of the President it shall be proper, and 10089 for such length of time as he shall direct. 10090 It is understood that all Indians who are parties to this 10091 treaty, except the Chippewas of the Mississippi, shall hereafter 10092 be known as the Chippewas of Lake Superior: Provided, That 10093 the stipulation by which the Chippewas of Lake Superior re- 10094 linquishing their right to land west of the boundary-line shall 10095 not apply to the Bois Porte band who are parties to this treaty. 10096 Article 13. This treaty shall be obligatory on the con- 10097 tracting parties, as soon as the same shall be ratified by the 10098 President and Senate of the United States. 10099 Proclaimed January 29, 1855. 10100 CHIPPEWAS— SWAN-CREEK AND BLACK-RIVER 10101 BANDS. 10102 Articles of a treaty made at Washington, in the District of Golum- 10103 Ma, on the ninth day of May, in the year of our Lord one 10104 thousand eight hundred and thirty-six, between Henry E. Sohool- 10105 craft, commissioner on the part of the United States, and the 10106 chiefs of the Swan-Vreek and Blaclc-Biver bands of the Ghip- 10107 pewa Nation, residing icithin the liniifs of Michigan. 10108 Whereas certain reservations of laud were made to the said 10109 bands of Indians in the treaty concluded at Detroit on the 17th 10110 of November, 1807, and these reservations, after having been 10111 duly located, under the authority of the Government, have re- 10112 mained in their possession and occupancy to the present time ; 10113 and whereas the said Indians, actuated by considerations affect- 10114 ing their permanent improvement and happiness, are desirous 10115 of fixing their residence at some point more favorable to these 10116 objects, and have expressed their wishes to dispose of the same, 10117 and authorized their chiefs to proceed to Washington for the 10118 purpose of making the necessary arrangement ; it is, therefore, 10119 after mature deliberation on their part, agreed as follows : 10120 Article 1. The Swan-Creek and Black-River bands of 10121 Chippewas cede to the United States the folio wing tracts, namely : 10122 One tract of three miles square, or five thousand seven 10123 hundred and sixty acres, on Swan Creek of lake St. Clair; 10124 one tract of one section and three-quarters, near Salt Creek of 10125 said lake ; one tract of one^fourth of a section, at the mouth of 10126 the river Au Vaseau, contiguous to the preceding cession ; and 10127 one tract of two sections, near the mouth of Black River of the 228 10128 river St. Clair, estimated to contaia ia tbe aggregate eight 10129 thousand three hundred and twenty acres, be the same more or 10130 less. 10131 Article 2. In consideration of the foregoing cessions the 10132 United States agree to pay to the said Indians the net proceeds 10133 of the sale thereof, after deducting the cost of survey and sale 10134 and the contingent expenses attending the treaty. The lands 10135 shall be surveyed and offered for sale m the usual manner at 10136 the land office in Detroit as soon as practicable after the ratifl- 10137 cation of this treaty. A special account shall be kept at the 10138 Treasury of the amount of the sale of the said lands, and after 10139 deducting therefrom the ^ums hereafter stipulated, to be ad- 10140 vanced by the United States, ten thousand dollars shall be re- 10141 tained by the Treasury, and shall be paid to the said Indiana in 10142 annuities of one thousand dollars a year for ten years ; and the 10143 residue of the fund shall be vested by the Secretary of the 10144 Treasury in the purchase of some State stock, the interest of 10145 which shall be annually paid to the said Indians like other an- 10146 nuities : Provided, That if at any time hereafter the said In- 10147 dians shall desire to have the said stock sold, and the proceeds 10148 paid over to them, the same may be done, if the President and 10149 Senate consent thereto. 10150 Article 3. The United States will advance to said Indians 10151 on the ratification of this treaty, to be deducted from the avails 10152 of the lands, the sum of two thousand five hundred dollars, and 10153 also goods to the value of four thousand dollars, to be purchased 10154 in 'New York and delivered in bulk, at their expense, to the 10155 proper chiefs at Detroit, or at such point on Lake St. Clair as 10156 the chiefs may request ; together with the expenses of the 10157 treaty, the journeys of the Indians to and from Washington, and 10158 their subsistence and other expenses at the seat of Govern- 10159 ment. 10160 Article 4. The United States will furnish the said Indians 10161 eight thousand three hundred and twenty acres, or thirteen sec- 10162 tions, of land west of the Mississippi, or northwest of St. 10163 Anthony's Falls, to be located by an agent or officer of the 10164 Government, and the evidence of such location shall be delivered 10165 to the chiefs. 10166 Proclaimed May 23, 1856. 10167 CHIPPE WAS— SWAN CREEK AND BLACK RIVER 10168 BANDS AND MQNSEE OR CHRISTIAN INDIANS. 10169 Treaty between the United States and the Sivan CreeTc and Black 10170 Rimr Chij>pewa8 and the Munsee or Christian Indians ; con- .10171 eluded July 16, 1859 ; ratijied by the Senate A;pril 19, 1860. 229 10172 By the President of the United. States : 10173 A PEOCLAMATION. 10174 To all and singular to whom these presents shall come, greeting : 10175 Whereas a treaty was made and concluded at the Sac and 10176 Fox agency on the sixteenth day of July, one thousand eight 10177 hundred and fifty-nine, by David Crawford, commissioner on 10178 the part of the United States, and certain delegates hereinafter 10179 named representing the Swan Creek and Black Eiver Chippe- 10180 was, and the Munsee or Christain Indians, which treaty is in 10181 the following words, to wit : 10182 Articles of agreement and convention made and concluded at 10183 the Sac and Fox agency on this sixteenth day of July, one 10184 thousand eight hundred and fifty-nine, by David Crawford, 10185 commissioner on the part of the United States, and the fol- 10186 lowing-named delegates representing the Swan Creek and 10187 Black Eiver Chippewas and the Munsee or Christian Indi- 10188 ans, they being duly authorized tliereto by said Indians, 10189 viz : Eshton-qnit, or Francis McCoonse, Edward McCoonse, 10190 William Turner, Antwine Gokey, Henry Donohue, Ignatius 10191 Caleb, and John Williams. 10192 Whereas the Swan Creek and Black Eiver band of Chippe- 10193 was, of Kansas Territory, who were parties to the treaty of 10194 May 9, 1836, claim to be entitled to participate in the beneficial 10195 provisions of the subsequent treaty of August 2, 1855, under a 10196 misapprehension of the terms and conditions of said instru- 10197 ment, the provisions of which were only designed to embrace 10198 the Chippewas of Saginaw and that portion of the Chippewas 10199 of Swan Creek and Black Eiver who were then residing in 10200 Michigan ; and whereas a reservation of eight thousand three 10201 hundred and twenty acres, or thirteen sections of land, was set 10202 apart in Kansas Territory for the use of the Swan Creek and 10203 Black Eiver band of Chippewas, in consideration of the cession 10204 and relinquishment of certain lands in the State of Michigan 10205 which were reserved for said band of Indians by the 6th article 10206 of the treaty of November 17, 1807 ; and in view of the fact 10207 that a part of the aforesaid band, who now reside in the Terri- 10208 tory of Kansas, have not received their full proportion of the 10209 benefits designed to have been conferred upon them by the pro- 10210 visions of the second article of the treaty of May 9, 1836, it is 10211 understood to be the intentioa of the United States, in the exe- 10212 cution of these articles of agreement and convention, to maui- 10213 fest their liberality and disposition to encourage said Indians in 10214 agricultural pursuits, and, with a view to remove from their 10215 minds all erroneous impressions respecting the non-fulfilment 230 10216 of tke stipulations of former treaties, a liberal provision will be 10217 made for their benefit as hereinafter expressed. It is further 10218 understood to be the intention of this instrument to unite the 10219 Munsee or Christian Indians with the aforesaid band of Chip- 10220 pewas, in order to provide them with a suitable and permanent 10221 home, as contemplated by the act of Congress entitled "An act 10222 to confirm the sale of the reservation held by the Christian In- 10223 dians, and to provide a permanent home for said Indians," ap- 10224 proved June 8, 1858. 10225 Article 1. The United States agree that the reservation of 10226 eight thousand three hundred and twenty acres, or thirteen sec- 10227 tions of land in Franklin County, Kansas Territory, set apart 10228 for the entire band of Swan Creek and Black Eiver Chippewas, 10229 shall inure to the benefit of that portion of said band now resid- 10230 ing thereon, and the United States shall cause said reservation 10231 to be surveyed into sections, half, quarter, and quarter quarter 10232 sections, in harmony with the public-land system. For the pur- 10233 pose of securing a permanent home thereon for the band of 10234 Munsee or Christian Indians who have expressed a desire to 10235 unite with said band of Chippewas, it is agreed between the 10236 contracting parties to this instrument that the aforesaid bands 10237 of Indians are hereby united for their mutual advantage as 10238 herein indicated. And within said reservation there shall be as- 10239 signed, in severalty, to the members of said united bands, not 10240 exceeding forty acres of land to each head of a family, and not 10241 exceeding forty acres to each child or other member of said 10242 family ; forty acres to each orphan child, and eighty acres to 10243 each unmarried person of the age of twenty-one years and 10244 upwards, not connected with any family, to include in each case, 10245 so far as practicable, a reasonable proportion of timber ; and 10246 the selections shall be so made as to respect the present improve- 10247 ments of the aforesaid Chippewas, so far as the same can be done 10248 consistently with the rights of the Christian Indians ; and when 10249 it is found expedient to select lands for one Indian, embracing 10250 part of the improvements made by another, then, in such case, 10251 a reasonable compensation shall be made for such improvements 10252 by the Indian to whom they may be assigned by the party enti- 10253 tied to the same, to be determined by the Secretary of the Inte- 10254 rior, upon an investigation of the facts in the case. At a suita- 10255 ble point within said reservation there shall be set apart for the 10256 establishment of a manual-labor school and educational and mis- 10257 sionary purposes a quarter section of land, or one hundred and 10258 sixty acres ; and the land so set apart, together with the tracts 10259 which may be assigned to the members of said united bands, 10260 shall be in as regular and compact a body as possible, and so as 10261 to admit of a distinct and well-defined exterior boundary, em- 231 10262 bracing the M'hole of them, aud also any intermediate portions 10263 or parcels of land or water not included in or made part of the 10264 tracts assigned in severalty. Any such intermediate parcels of 10265 land and water shall be held by said united bands in common, 10266 but in case of increase in the bands of said Indians, or other 10267 cause rendering it necessary or expedient, the said intermediate 10268 parcels of land shall be subject to distribution and assignment 10269 in severalty, in such manner as the Secretary of the Interior 10270 shall prescribe and direct. The whole of the lauds assigned or 10271 unassigued in severalty embraced within said exterior boundary 10272 to include in the aggregate not exceeding seven sections, or 10273 four thousand eight hundred and eighty acres of land, shall con- 10271 stitute and be known as the Chippewa and Christian Indian 10275 reservation, within and over which all laws passed or which 10276 may be passed by Congress, regulating trade and intercourse 10277 with the Indian tribes, shall have full force and effect. And no 10278 white person, except such as may be in the employ of the United 10279 States, shall be allowed to reside or go upon any portion of said 10280 reservation without the written permission of the superiuten- 10281 dent of Indian affairs, or agent or other person who may be in- 10282 trusted with the management and control thereof. The afore- 10283 said division and assignment of lands to the Indians shall be 10284 made under the direction of the Secretary of the Interior, and 10285 when approved by him shall be final and conclusive. Certifi- 10286 cates shall be issued by the Commissioner of Indian Affairs for 10287 the tracts so assigned, specifying the names of the individuals 10288 to whom they have been assigned respectively, and that they 10289 are for the exclusive use and benefit of themselves, their heirs, 10290 and descendants ; and said tracts shall not be alienated in fee, 10291 leased, or otherwise disposed of, except to the United States, or 10292 to the members of said bands of Indians, under such rules and 10293 regulations as may be prescribed by the Secretary of the Inte- 10294 rior ; and said lands shall be exempt from taxation, levy, sale, 10295 or forfeiture, until otherwise provided for by Congress. Prior 10296 to the issue of said certificates, the Secretary of the Interior 10297 shall make such rules and regulations as he may deem necessary 10298 and expedient, respecting the disposition of any of said tracts in 10299 case of the death of the person or persons to whom they may be 10300 assigned, so that the same shall be secured to the families of 10301 such deceased persons ; and should any of the Indians to whom 10302 tracts shall be assigned abandon them, the said Secretary may 10303 take such action in relation to the proper disposition thereof as 10304 in his judgment may be necessary and expedient. 10305 Article 2. After all the selections and assignments herein- 10306 before specified shall have been made and approved, the residue 10307 of the land in the tract set apart for the use of the Swan Creek 232 10308 and Black Eiver Ohippewas, under the provisions of the fourth 10309 article of the treaty of May ninth, eighteen hundred and thirty- 10310 six, which may not be embraced by the exterior boundary of 10311 the reduced reservation, shall be appraised at a reasonable 10312 value, and the same shall be sold at public aution to the highest 10313 bidder, but no bid shall be received for a sum less than the ap- 10314 praised value, and the proceeds of sale, after deducting there- 10315 from the expenses incident thereto, shall be regarded as belong- 10316 ing to the aforesaid band of Ohippewas. The said band of In- 10317 diaus shall be allowed the sum of three thousand dollars out of 10318 the funds of the Christian Indians, as a consideration for the 10319 tracts of land which shall be assigned to the members of said 10320 band of Indians, and also the sum of sixthousand dollars, (to 10321 be taken from the Treasury of the United States,) in full satis- 10322 faction of all claims and demands, legal, equitable, or otherwise, 10323 which the aforesaid band of Ohippewas may have against the 10324 United States under the stipulations and provisions of former 10325 treaties, and these sums of money, together with the proceeds 10326 of the sales of the lands before mentioned, shall be invested in 10327 the manner hereinafter provided. And to enable the Secretary of 10328 the Interior to liquidate the allowance of the aforesaid sum of 10329 six thousand dollars, he is authorized, at his discretion, to dispose 10330 of the stock of the State of Missouri, purchased from avails of 10331 land sold under the treaty of eighteen hundred and thirty-six, 10332 and such a sum from interest accruing thereon, and of any bal- 10333 ance of annuities now in the Treasury of the United States re- 10334 suiting from other treaties with said Indians. 10335 Article 3. For the purpose of comfortably establishing the 10336 Ohristian Indians upon the lands which shall be assigned to 10337 them in severalty, by building them houses, and famishing 10338 them with agricultural implements, stock animals, and other 10339 necessary aid and facilities for commencing agricultural pursuits 10340 under favorable circumstances, there shall be expended, under 10341 the direction of the Secretary of the Interior, (out of the aggre 10342 gate sum of forty-three thousand four hundred dollars deposited 10343 in the Treasury of the United States by A. J. Isacks, to the 10344 credit of said Secretary for the use of the Ohristian Indians,) a 10345 sum not exceeding twenty-three thousand dollars, and the bal- 10346 ance of the aforesaid aggregate sum shall be mingled with the 10347 funds of the aforesaid band of Ohippewas, and the moneys so 10348 mingled together shall constitute a joint fund, subject to the 10349 direction and control of the Secretary of the Interior. Two 10350 thousand dollars thereof shall be expended for the benefit of 10351 said united bands of Indians, in providing them with a school- 10352 house, church building, and blacksmith-shop, and necessary fix- 10353 tares, and the residue of said joint fund, after deducting there- 233 10354 from all the expenses incident to the negotiation of this treaty, 10355 the survey and assignment of the lands, the concentration of 10356 the Indians thereon, and all other necessary expenses, shall be 10357 invested iu safe and profitable stocks, yielding an interest of not 10358 less than Tive per centum per annum ; and said interest, as it 10359 becomes due, shall be applied, under the direction of the Secre- 10360 tary of the Interior, from time to time, for educational purposes, 10361 for the support of a blacksmith-shop, and such other beneficial 10362 objects as he may adjudge to be necessary and expedient for the 10363 general prosperity and advancement of the aforesaid bands of 10364 Indians in the arts of civilized life. 10365 Article 4. In consideration of the provisions contained in 10366 the several articles of this treaty, the aforesaid baud of Swan 10367 Creek and Black Eiver Ohippewas hereby relinquish all claims 10368 and demands which they may have against the United States, 10369 under the stipulations of the treaty of November 17, 1807, and 10370 the treaty of May 9, 1836 ; and they hereby abandon and renounce 10371 any and all claims to participate in the provisions of the subse- 10372 quent treaty of August 2, 1855, and they receive the stipulations 10373 and provisions contained in these articles of agreement and con- 10374 vention, in full satisfaction of the terms and conditions of all 10375 former treaties, and release the United States from the payment 10376 of all claims of every character whatsoever. 10377 Article 5. It is agreed that all roads and highways, laid 10378 out by authority of law, shall have right of way through the 10379 lands within the reservation hereinbefore specified, on the same 10380 terms as are ijrovided by law, when roads and highways are 10381 made through lands of citizens of the United States ; and rail- 10382 road companies, when the lines of their roads necessarily pass 10383 through the lands of said Indians, shall have right of way on the 10384 payment of just compensation therefor in money. 10385 Article 6. This instrument shall be obligatory on the con- 10386 tracting parties whenever the same shall be ratified by the Pres- 10387 ident and the Senate of the United States. 10388 Proclaimed July 9, 1860. 10389 OHIPPEWAS— SAGINAW, SWAN CEEBK, AND BLACK 10390 . EIVEE. 10391 Franklin Pierce, President of the United States of America, 10392 to all persons to whom these presents shall come, greeting: 10393 Whereas a treaty was made and concluded at the city of 10394 Detroit, in the State of Michigan, on the second day of August, 10395 one thousand eight hundred and fifty-five, between George W. 10396 Manypenny and Henry C. Gilbert, commissioners on the part of 30 it 234 10397 the- United States, and the Chippewa Indians of Saginaw, par- 10398 ties to the treaty of January 14, 1837, and that portion of the 10399 bands of Chippewa Indians of Swan Creek and Black Eiver, 10400 parties to the treaty of May 9, 1836, and now remaining in the 10401 State of Michigan, which treaty is in the words and figures fol- 10402 lowing, to wit : 10403 Articles of agreement and convention made and concluded 10404 at the city of Detroit, in the State of Michigan, this second day 10405 of August, one thousand eight hundred and fifty-five, between 10406 George W. Manypenny and Henry C. Gilbert, commissioners on 10407 the part of the United States, and the Chippewa Indians of 10408 Saginaw, parties to the treaty of January 14, 1837, and that 10409 portion of the band of Chippewa Indians of Swan Creek and 10410 Black Eiver, parties to the treaty of May 9, 1836, and now 10411 remaining in the State of Michigan. 10412 In view of the existing condition of the Indians aforesaid, 10413 and of their legal and equitable claims against the United 10414 States, it is agreed between the contracting parties as follows, 10415 viz: 10416 Article 1. The United States will withdraw from sale, for 10417 the benefit of said Indians, as herein provided, all the unsold 10418 public lands within the State of Michigan, embraced in the fol- 10419 lowing description, to wit : , 10420 First. Six adjoining townships of land in the county of 10421 Isabella, to be selected by said Indians within three months 10422 from this date, and notice thereof given to their agent. 10423 Second. Townships Nos. 17 and 18 north, ranges 3, 4, and 5 10424 east. 10425 The United States will give to each of the said Indians,, be- 10426 ing a head of a family, eighty acres of land ; and to each single 10427 person over twenty-one years of age, forty acres of land ; and 10428 to each family of orphan children under twenty-one years of 10429 age, containing two or more persons, eighty acres of land ; and 10430 to each single orphan child under twenty-one years of age, forty 10431 acres of land ; to be settled and located within the several tracts 10432 of land hereinbefore described, under the same rules and regu- 10433 lations, in every respect, as are provided by the agreement con- 10434 eluded on the 31st day of July, A. 1). 1855, with the Ottawas 10435 and Chippewas of Michigan, for the selection of their lands. 10436 And the said Chippewas of Saginaw and Swan Creek and 10437 Black Eiver shall have the same exclusive right to enter lands 10438 within the tracts withdrawn from sale for them for five years 10439 after the time limited for selecting the lands to which they arc 10440 individually entitled, as is extended to the Ottowas and Chip- 10441 pewas by the terms of said agreement. 10442 And the provisions therein contained relative to the pur- 235 10443 chase and sale of laud for school-houses, churches, and educa- 10444 tional purposes, shall also apply to this agreement. 10445 Abticlb 2. The United States shall also pay to the said 10446 Indians the sum of two hundred and twenty thousand dollars, 10447 in manner following, to wit : 10448 First. Thirty thousand dollars for educational purposes, to 10449 be paid in five equal annual instalments of four thousand dollars 10450 each, and in five subsequent equal annual instalments of two 10451 thousand dollars each, to be expended under the direction of 10452 the President of the United States. 10453 Second. Forty thousand dollars, in five equal annual instal- 10454 meuts of five thousand dollars each, and in five subsequent 10455 equal annual instalments of three thousand dollars each, in 10456 agricultural implements and carpenters' tools, household furni- 10457 ture and building materials, cattle, labor, and all such articles as 10458 maybe necessary and useful for them in removing to the homes 10459 herein provided, and getting permanently settled thereon. 10460 Third. One hundred and thirty-seven thousand and six hun- 10461 dred dollars in coin, in ten equal instalments of ten thousand 10462 dollars each, and in two subsequent equal annual instalments 10463 of eighteen thousand and eight hundred dollars each, to be dis- 10464 tributed jjer capita in the usual manner for paying annuities. 10465 Fourth. Twelve thousand and four hundred dollars for the 10466 support of one blacksmith -shop for ten years. 10467 The United States will also build a grist and saw mill for 10468 said Indians at some point in the territory, to be selected by them 10469 in said -county of Isabella, provided a suitable water-power can 10470 be found, and will furnish and equip the same with all necessary 10471 fixtures and machinery, and will construct such dam, race, and 10472 other appurtenances as may be necessary to render the water- 10473 power available : Provided, That the whole amount for which 10474 the United States shall be liable under this provision shall not 10475 exceed the sum of eight thousand dollars. 10470 The United States will also pay the further sum of four 10477 thousand dollars for the purpose of purchasing a saw-mill, and 10478 in repair of the same, and in adding thereto the necessary 10479 machinery and fixtures for a run of stone for grinding grain ; 10480 the same to be located on the tract described in clause " second," 10481 Article 1. 10482 The United States will also pay the further sum of twenty 10483 thousand dollars, or so much thereof as may be necessary^ to be 10484 applied in liquidation of the present just indebtedness of the said 10485 Indians : Provided, That all claims i)resented shall be investi- 10486 gated, under the direction of the Secretary of the Interior, within 10487 six months, who shall prescribe such rules and regulations for 10488 conducting such investigation, and for testing the validity and 236 104:89 justice of tLe claims as lie shall deem suitable and proper. And 10490 no claim shall be paid except on the certificate of the said Secre- 10491 tary that, in his opinion, the same is justly and equitably due ; 10492 and all claimants who shall not present their claims within such 10493 time as may be limited by said Secretary, or whose claims, hav- 10494 ing been presented, shall be disallowed by him, shall be forever 10495 precluded from collecting the same, or maintaining an action 10496 thereon in any court whatever : And provided also, That no por- 10497 tion ot the money due said Indians for annuities, as herein pro- 10498 vided, shall ever be appropriated to pay their debts under any 10499 pretence whatever : Provided, That the balance of the amount 10500 herein allowed as a just increase for the sessions and relinquish- 10501 ments aforesaid, after satisfaction of the awards of the Secretary 10502 of the Interior, shall be paid to the said Indians, or expended 10503 for their benefit in such manner as the Secretary shall prescribe, 10504 in aid of any of the objects specified in this treaty. 10505 Article 3. The said Ohippewas of Saginaw, and of Swan 10506 Cre6k and Black Eiver, hereby cede to the United States all the 10507 lands within the State of Michigan heretofore owned by them as 10508 reservations, and whether held for them in trust by the United 10509 States or otherwise ; and they do hereby, jointly and severally, 10510 release and discharge the United States from all liability to them , 10511 and to their or either of their said tribes, for the price and value 10512 of all such lands, heretofore sold, and the proceeds of which re- 10513 main unpaid. 10514 And they also hereby surrender all their and each of their 10515 permanent annunities, secured to them or either of them by 10516 former treaty stipulations, including that portion of the annuity 10517 of eight hundred dollars payable to " the Chipjiewas," by the 10518 treaty of November 17, 1807, to which they are entitled, it being 10519 distinctly understood and agreed that the grants and payments 10520 hereinbefore provided for are in lieu and satisfaction of all 10521 claims, legal and equitable, on the part of said Indians, jointly 10522 and severally, against the United States for land, moiiey, or other 10523 thing guaranteed to said tribes, or either of them, by the stipu- 10524 lations of any former treaty or treaties. 10225 Article 4. The entries of land heretofore made by Indians 10526 and by the Missionary Society of the Methodist Episcopal 10527 Church for the benefit of the Indians, on lands withdrawn from 10528 sale in townships 14 north, range 4 east, and 10 north, range 5 10529 east, in the State of Michigan, are hereby confirmed, and patents 10530 shall be issued therefor as in other cases. 10531 Article 5. The United States will provide an interpreter 10532 for said Indians for five years, and as much longer as the Presi- 10533 dent may deem necessary. 10534 Article 6. The tribal organization of said Indians, except 237 10535 so far as may be uecessary for the purpose of carrying iuto effect 10536 the provisions of this agreement, is hereby dissolved. 10537 Article 7. This agreement shall.be obligatory and binding 10538 on the contracting parties as soon as the same shall be ratified 10539 by the President and Senate of the United States. 10540 Proclaimed June 21, 1856. 10541 Treaty between the United States of America and the Chippewa In- 10542 dians of Saginaic, Swan Creelc, and Black Biver, Michigan, 10543 concluded October IS, 1864; ratificatian advised, with 10544 amendments, May 22, 1866 ; amendments accepted June 18, 10545 1866. 10546 Andrew Johnson, President of the United States of America, 10547 to all and singular to whom these presents shall come, 10548 greeting : 10549 Whereas a treaty was made and concluded at Isabella, in 10550 the State of Michigan, on the eighteenth day of October, in the 10551 year of our Lord one thousand eight hundred and sixty -four, by 10552 and between H. J. Alvord and D. 0. Leach, commissioners on 10553 the part of the United States; and S. D. Simonds, Lyman Ben- 10554 nett, Jno. Pay-me-qouung, and other chiefs and head-men of the 10555 Chippewa Indians of the Saginaw, Swan Creek, and Black 10556 Eiver, in the State of Michigan, representing said Indians, and 10557 duly authorized thereto by them, which treaty is in the words 10558 and figures following, to wit : 10559 Articles of agreement and convention made and concluded at 10500 the Isabella Indian reservation, in the State of Michigan, 10561 on the eigbteenth day of October, in the year one thousand 10562 eight hundred and sixty -four, between H. J. Alvprd, special 10563 commissioner of the United States, and D. C. Leach, United 10564 States Indian agent, acting as commissioners for and on the 10565 part of the United States, and the Chippewas of Sagina\v, 10566 Swan Creek, and Black Eiver, in the State of Michigan 10567 aforesaid, parties to the treaty of August 2d, 1855, as fol- 10568 lows, viz : 10569 Article 1. The said Chippewas of Saginaw, Swan Creek, 10570 and Black Eiver, for and in consideration of the conditions here- 10571 inafter specified, do hereby release to the United States the sev- 10572 eral townships of land reserved to said tribe by said treaty 10573 aforesaid, situate and being upon Saginaw Bay, in said State. 10574 The said Indians also agree to relinquish to the United 10575 States all claim to any right they may possess to locate lands in 10576 lieu of lands sold or disposed of by the United States upon 10577 their reservation at Isabella, and also the right to purchase the 238 10578 unselected lands in said reservation, as provided for in the first 10579 article of said treaty. 10580 Article 2. In consideration of the foregoing relinqaish- 10581 ments, the United States hereby agree to set apart for the ex- 10582 chisive use, ownership, and occupancy of the said of tine said 10583 Chippewas of Saginaw, Swan Creek, and Black Eiver, all of the 10584 unsold lands within the six townships in Isabella County, re- 10585 served to said Indians by the treaty of August 2, 1855, aforesaid, 10586 and designated as follows, viz: 10587 The north half of township fourteen, and townships fifteen 10588 and sixteen north, of range three west; the north half of town- 10589 ship fourteen and township fifteen north, of range four west, 10590 and townships fourteen and fifteen north, of range five west. 10591 Article 3. So soon as practicable after the ratification of 10592 this treaty, the persons who have heretofore made selections of 10593 lands within the townships upon Saginaw Bay, hereby reliu- 10594 quished, may proceed to make selections of lands upon the Isa- 10595 bella reservation in lieu of their selections aforesaid, and in 1059G like quantities. 10597 After a reasonable time shall have been given for the parties 10598 aforesaid to make their selections in lieu of those relinquished, 10599 the other persons entitled thereto may then proceed to make 10600 their selections, in quantities as follows, viz : 10601 For each chief of said Indians who signs this treaty, eighty 10602 acres in addition to their selections already made, and to patents 10603 in fee simple. 10604 For one head-man in each band into which said Indians are 10605 now divided, forty acres, and to patents in fee simple. 10606 For each person being the head of a family, eighty acres. 10607 For each single person over the age of twenty-one years, 10608 forty acres. 10609 For each orphan child under the age of twenty-one years, 10610 forty acres. 10611 For each married female who has not heretofore made a 10612 selection of land, forty acres. 10613 And for each other person now living, or who may be born 10614 hereafter, when he or she shall have arrived at the age of tweuty- 10615 one years, forty acres, so long as any of the lands in said reserve 10616 shall remain unselected, and no longer. 10617 In consideration of, important services rendered to said 10618 Indians during many years past, by William Smith, John Col- 10619 lins 1st, Andrew J. Campeau, and Thomas Ohatfield, it is here- 10620 by agreed that they shall each be allowed to select eighty acres 10621 in addition to their previous selections, and receive patents there- 10622 for in fee simple; and to Charles H. Eodd, eighty acres, and a 10623 patent therefor in fee simple, to be received by said Eodd as a 239 10624 full consideratiou and payment of all claims he may have against 10625 said Indians, except claims against individuals for services ren- 10626 dered or money expended heretofore by said Eodd for the benefit 10627 of said Indians. 10628 It is understood and agreed that those Ottawas and Chippe- 10629 was and Pottawatomies now belonging to the bands of which Met- 10630 ayomeig,May-me-she-gaw-day,Keche-kebe-me-mo sayjandWaw- lOeSl be-maw-inggun are chiefs, who have heretofore made selections 10632 upon said reservations, by permission of said Chippewas of Sagi- 10633 naw, Swan Creek, and Black Eiver, who now reside upon said reser- 10634 vation in Isabella County, or who may remove to said reservation 10635 within one year after the ratification of this treaty, shall be en- 10636 titled to the same rights and privileges to select and hold land 10637 as are contained in the third article of this agreement. 10638 So soon as practicable after the ratification of this treaty, 10639 the agent for the said Indians shall make out a list of all those 10640 persons who have heretofore made selections of lands under the 10641 treaty of August 2d, 1855, aforesaid, and of those who may be 10642 entitled to selections under the provisions of this treaty, and he 10643 shall divide the persons enumerated in said list into two classes, 10644 viz, "competent" and "those not so competent." 10645 Those who are intelligent, and have sufficient education, 10646 and are qualified by business habits to prudently manage their 10647 affairs, shall be set down as " competents," and those who are 10648 uneducated, or unqualified in other respects to prudently man- 10649 age their affairs, or who are of idle, wandering, or dissolute 10650 habits, and all orphans, shall be set down as " those not so com- 10651 petent." 10652 The United States agrees to issue patents to all persons 10653 entitled to selections under this treaty, as follows, viz : To those 10654 belonging to the class denominated *' competents," patents shall 10655 be issued in fee simple, but to those belonging to the. class of 10656 " those not so competent," the patent shall contain a provision 10657 that the land shall never be sold or alienated to any person or 10658 persons whomsoever, without the consent of the Secretary of the 10659 Interior for the time being. 10660 Article 4. The United States agrees to expend the sum of 10661 twenty thousand dollars for the support and maintenance of a 10662 manual-labor school upon said reservation : Provided, That the 10663 Missionary Society of the Methodist Episcopal Church shall, 10664 within three years after the ratification of this treaty, at its own 10665 expense, erect suitable buildings for school and boarding-house 10666 purposes, of a value of not less than three thousand dollars, upon 10667 the southeast quarter of section nine, township fourteen north, 10668 of range four west, which is hereby set apart for that purpose 10669 The superintendent of public instruction, the lieutenant 240 10670 governor of the State of Michigan, and one person to be desig- 10671 nated by said missionary society, shall constitute a board of 10672 visitors, whose duty it shall be to visit said school once during 10673 each year, and examine the same, and investigate the character 10674 and qualifications of its teachers and all other persons con- 10675 nected therewith, and report thereon to the Commissioner of 10676 Indian Affairs. 10677 The said Missionary Society of the Methodist Episcopal 10678 Church shall have full and undisputed control of the manage- 10679 ment of said school and the farm attached thereto. Upon the 10680 approval and acceptance of the school and boarding-house 10681 buildings by the board of visitors, the United States will pay 10682 to the authorized agent of said missionary society, for the sup- 10683 port and maintenance of the school, the sum of two thousand 10684 dollars, and the like sum annually thereafter until the whole 10685 sum of twenty thousand dollars sball have been expended. 10686 The United States reserves the right to suspend the an- 10687 nual appropriation of two thousand dollars for said school, in part 10688 or in whole, whenever it shall appear that said missionary society 10689 neglects or fails to manage the affairs of said school and farm in 10690 a manner acceptable to the board of visitors aforesaid; and if, at 10691 any time within a period of ten years after the establishment 10692 of said school, said missionary society shall abandon said school 10693 or farm for the purposes intended in this treaty, then, and in 10694 such case, said society shall forfeit all of its rights in the lands, 10695 buildings, and franchises under this treaty, and it shall then be 10696 competent for the Secretary of the Interior to sell or dispose of 10697 the land hereinbefore designated, together with the buildings 10698 and improvements thereon, and expend the proceeds of the same 10699 for the educational interests of the Indians in such manner as 10700 he may deem advisable. 10701 At the expiration of ten years after the establishment of 10702 said school, if said missionary society shall have conducted 10703 said school and farm in a manner acceptable to the board of 10704 visitors during said ten years, the United States will convey to 10705 said society the land before mentioned by patent in trust for 10706 the benefit of said Indians. 10707 In case said missionary society shall fail to accept the trust 10708 herein named within one year after the ratification of this 10709 treaty, then, and in that case, the said twenty thousand dollars 10710 shall be jjlaced to the credit of the educational fund of said In- 10711 dians, to be expended for their benefit in such manner as the 10712 Secretary of the Interior may deem advisable. 10713 It is understood and agreed that said missionary society 10714 may use the school-house now standing upon land adjacent 241 10715 to the laud hereinbefore set apart for a school-farm where it 10716 now stands, or move it upon the land so set apart. 10717 Article 5. The said Indians agree that, of the last two 10718 payments of eighteen thousand eight hundred dollars each, 10719 provided for by the said treaty of August second, eighteen hun- 10720 dred and fifty-five, the sum of seventeen thousand six hundred 10721 dollars may be withheld, and the same shall be placed to the 10722 credit of their agricultural fund, to be expended for their benefit 10723 in sustaining their blacksmith-shop, in stock, animals, agri- 10724 cultural implements, or in such other manner as the Secretary 10725 of the Interior may deem advisable. 10726 Article 6. The Commissioner of Indian Affairs may, at 10727 the request of the chiefs and head-men, sell the mill and land 10728 belonging thereto at Isabella City, on said reservation, and 10729 apply the proceeds thereof for such beneficiary objects as may 10730 be deemed advisable by the Secretary of the Interior. 10731 Article 7. Inasmuch as the mill belonging to said Indians 10732 is partly located upon land heretofore selected by James Nichol- 10733 son, it is hereby agreed that upon a relinquishment of ten acres 10734 of said land by said Nicholson, in such form as may be deter- 10735 mined by the agent for said Indians, he, the said Nicholson, 10T36 shall be entitled to select eighty acres of land, subject to the 10737 approval of the Secretary of the Interior, and to receive a 10738 patent therefor in fee simple. 10739 Article 8. It is hereby expressly understood that the 10740 eighth article of the treaty of August second, eighteen hun- 10741 dred and fifty-five, shall in no wise be affected by the terms of 10742 this treaty. 10743 Proclaimed 16th August, 1866. 10744 CHIPPEWAS— BOIS FOBTE BAND. 10745 Treaty betiveen the United States of America and the Bois Forte 10746 ' land of Chippewa Indians ; concluded April 7, 1866 ; ratifi- 10747 cation advised, with amendment, April 26, 1866 ; amendment 10748 accepted, April 28, 1866. 10749 Andrew Johnson, President of the United States of America) 10750 to all and singular to whom these presents shall come, 10751 greeting : 10752 Whereas a treaty was made and concluded- at the city of 10753 Washington, in the District of Columbia, on the seventh day of 10754 April, in the year of our Lord one thousand eight hundred aud 10755 sixty-six, by and between Dennis N. Oooley and E. E. L. Taylor, 311 T 242 10756 4!ommissioaers on the part of the United States, and Gabe- 10757 shcodaway or Going through the Prairie, Babawmadjeweshcang 10758 or Mountain Traveller, and others, chiefs, head-men, and war- 10759 riors of the Bois Forte band of Chippewa Indians, on the part 10760 of said band of Indians, and duly authorized thereto by them, 10761 which treaty is in the words and figures following, to wit : 10762 Articles of a treaty made and concluded at Washington, Dis- 10763 trict of Columbia, this seventh day of April, in the year of 10764 our Lord one thousand eight hundred and sixty-six, by and 10765 between the United States, party of the first part, by their 10766 commissioners, D. N. Cooley, Commissioner of Indian Affairs, 10767 and B. E. L. Taylor, thereunto duly authorized, and the 10768 Bois Porte band of Chippewa Indians, parties of the second 10769 part, by the undersigned chiefs, head-men, and warriors of 10770 said bands, thereunto duly authorized. 10771 Article 1. The peace and friendship now existing between 10772 the United States and said Bois Forte bands of Indians shall 10773 be perpetual. 10774 Article 2. In consideration of the agreements, stipula- 10775 tions, and undertakings to be performed by the United States, 10776 and hereinafter expressed, the Bois Porte bands of Chippewas 10777 have agreed to, and do hereby, cede and forever relinquish and 10778 surrender to the United States all their right, title, claim, and 10779 interest in and to all lands and territory heretofore claimed, 10780 held, or possessed by them, and lying east of the boundary line 10781 mentioned and established in and by the first article of the 10782 treaty made and concluded by and between the United States 10783 of the one part, and the Chippewas of Lake Superior and the 10784 Mississippi of the other part, on the 30th day of September, 10785 A. D. 1854, and more especially in and to all that portion of 10786 said territory heretofore claimed and occupied by them at and 10787 near Lake Vermillion as a reservation. The Bois Forte band of 10788 Chippewas in like manner cede and relinquish forever to the 10789 United States all their claim, right, title, and interest in and to 10790 all lands and territory lying westerly of said boundary line, or 10791 elsewhere within the limits of the United States. 10792 Article 3. In consideration of the foregoing cession and 10793 relinquishment, the United States agree to and will perform the 10794 stipulations, undertakings, and agreements following, that is 10795 to say : ' 10796 1st. There shall be set apart within one year after the date 10797 of the ratification of this treaty, under the direction of the Presi- 10798 dent of the United States, within the Chippewa country, for the 10799 perpetual use and occupancy of said Bois Forte band of Chip- 10800 pewas, a tract of land of riot less than one hundred thousand 10801 acres, the said location to include a lake known by the name of 243 10802 Netor As-sab-a-co-na, if, upoa examination of the coiiutry by the 10803 agent sent by the President of the United States to select the 10804 said reservation, it is found practicable to include the said lake 10805 therein, and also one township of land on the Grand Fork Eiver, 10806 at the mouth of Deer Creek, if such location shall be found 10807 practicable. 10808 2d. The United States will, as soon as practicable after the 10809 setting apart of the tract of country first above mentioned, erect 10810 thereon, without expense to said Indians, one blacksmith's shop , 10811 to cost not exceeding five hundred dollars; one school-house, to 10812 cost not exceeding five hundred dollars; and eight houses for 10813 their chiefs, to cost not exceeding four hundred dollars each ; 10814 and a building for an agency house and storehouse for the stor- 10815 age of goods and provisions, to cost not exceeding two thousand 10816 dollars. 10817 3d. The United States will expend annually for and in 10818 behalf of said Bois Forte band of Ghippewas, for and during 10819 the term of twenty years from and after the ratification of this 10820 treaty, the several sums and for the purposes following, to wit : 10821 For the support of one blacksmith and assistant, and for tools, 10822 iron, and steel, and other articles necessary for the blacksmith's 10823 shop, fifteen hundred dollars; for one school-teacher, and the 10824 necessary books and stationery for the school, eight hundred 10825 dollars, the chiefs in council to have the privilege of selecting, 10826 with the approval of the Secretary of the Interior, the religious 10827 denomination to which the said teacher shall belong ; for instruc- 10828 tions of the said Indians in farming, and the purchase of seeds, 10829 tools, &c., for that purpose, eight hundred dollars ; and for 10830 annuity payments, the sum of eleven thousand dollars, three 10831 thousand five hundred dollars of which shall be paid to them in 10832 money per capita, one thousand dollars in provisions, ammuni- 10833 tion, and tobacco, and six thousand five hundred dollars to be 10834 distributed to them in goods and other articles suited to their 10835 wants and condition. 10836 Article 4. To enable the chiefs, head-men, and warriors 10837 now present to establish their people upon the new reservation, 10838 and to purchase useful articles and presents for their people, the 10839 United States agree to pay to them, upon the ratification of this 10840 treaty, the sum of thirty thousand dollars, to be expended under 10841 the direction of the Secretary of the Interior. 10842 Aeticlb 5. In consideration of the services heretofore ren- 10843 deredtothe said Indians by Francis Eoussaire, senior,' Francis 10844 Eoussaire, jr., and Peter E. Bradshaw, it is hereby agreed that 10845 the said persons shall each have the right to select one hundred 10846 and sixty acres of land, not mineral lands, and to receive pat- 10847 ents therefor from the United States ; and for the like services 244 10848 to the Indians, the following named persons, to wit: Peter Eoy, 10849 Joseph Gurnoe, Francis Eoy, Vincent Eoy, Eustace Eoussaire, 10850 and D. George Morrison, shall each have the right to select 10851 eighty acres of land, not mineral lands, and to receive from the 10852 United States patents therefor. 10853 Article 6. It is further agreed that all payments of annu- 10854 ities to the Bois Forte band of Chippewas shall be made upon 10855 their reservation if, upon examination, it shall be found prac- 10856 ticable to do so. 10857 Articl-e 7. It is agreed by and between the parties hereto 10858 that, upon the ratification of this treaty, all former treaties 10859 existing between them inconsistent herewith shall be, and the 10860 same are hereby, abrogated and made void to all intents and 10861 purposes ; and the said Indians hereby relinquish any and all 10862 claims for arrears of payments claimed to be due under such 10863 treaties, or that are hereafter to fall due under the provisions of 10864 the same, except that as to the third clause of the twelfth article 10865 of the treaty of September 30, 1854, providing for a blacksmith, 10866 smith-shop, supplies, and instructions in farming, the same shall 10867 continue in full force and effect, but the benefits thereof shall 10868 be transferred to the Chippewas of Lake Superior. 10869 Article 8. The United States also agree to pay the neces- 10870 sary expenses of transportation and subsistence of the delegates 10871 who have visited Washington for the purpose of negotiating 10872 this treaty, not exceeding the sum of ten thousand dollars. 10873 Proclaimed April 26, 1866. 10874 CHIPPEWAS— SAGINAW TEIBE. 10875 Articles of a treaty made and conoluded at Detroit, in the State of 10876 Michigan, on the fourteenth day of January, in the year of our 10877 Lord eighteen hundred and thirty-seven, bettceen the United 10878 States of America, by their commissioner, Henry B. Schoolcraft, 10879 and the Saganaw tribe of the CMppeica Nation, by^ tJieir chiefs 10880 and delegates, assembled in council. 10881 Article 1. The said tribe cede to the United States the 10882 following tracts of land, lying within the boundaries of Michi- 10883 gan ; namely : One tract of eight thousand acres, on the river 10884 Au Sable. One tract of two thousand acres, on the Misho-icmk 10885 or Eifle Eiver. One tract of six thousand acres, on the north 10886 side of the river Kawhawling. One tract of five thousand seven 10887 hundred and sixty acres upon Flint Eiver, including the site of 10888 Eeaums village, and a place called EishJcawbaivee, One tract of 245 10889 eiglit thousand acres on the head of the Oass (formerly Huron) 10890 Eiver, at the village of Otussun. One island in the Saganaw 10891 Bay, estimated at one thousand acres, being the island called 10893 ShaingicaulcoTcaug, on which Mulcolcoosh formerly lived. One 10893 tract of two thousand acres at NabaUsh, on the Saganaw Eiver. 10894 One tract of one thousand acres, on the east side of the Saganaw 10895 Eiver. One tract of sis hundred and forty acres, at Great Bend, 10896 on Oass Eiver. One tract of two thousand acres at the mouth 10897 of Point Augrais Eiver. One tract of one thousand acres, on 10898 the Oass Eiver, a,t Menoquefs village. One tract of ten thousand 10899 acres on the Shiawassee Eiver at Ketclieicaundaiigwnin'k or Big 10900 Lick. One tract of six thousand acres at the Little Forks, on 10901 the TetabwasinglSiiver. One tract of six thousand acres at the 10902 Black-Birds' town, on the Tetabwasing Eiver. One tract of 10903 forty thousand acres, on the west side of the Saganaw Eiver. 10904 The whole containing one hundred and two thousand four huu- 10905. dred acres, be the same more or less. 10906 Article 2. The said Indians shall have the right of living 10907 upon the tracts at the river Augrais, and Mushowusk or Eifle 10908 Elvers, on the west side of Saganaw Bay, for the term of five 10909 years, during which time no white man shall be allowed to settle 10910 on said tracts, under a penalty of live hundred dollars, to be re- 10911 covered at the suit of the informer ; one-half to the benefit of 10912 said informer, the other half to the benefit of the Indians. 10913 Aktiolb 3. The United States agree to pay to the said 10914 Indians, in consideration of the lands above ceded, the net pro- 10915 ceeds of the sales thereof, after deducting the expense of sur- 10916 vey and sale, together with the incidental expenses of this treaty. 10917 The lauds shall be surveyed in the usual manner, and offered 10918 for sale, as other public lands, at the land offices of the proper 10919 districts, as soon as practicable after the ratification of this 10920 treaty. A special account of the sales shall be kept at the Trea- 10921 sury, indicating the receipts from this source, and after deduct- 10922 ing therefrom the sums hereinafter set apart for specified ob- 10923 jects, together with all other sums justly chargeable to this fund, 10924 the balance shall be invested, under the direction of the Presi- 10925 dent, in some public stock, and the interest thereof shall be an- 10926 nually paid to the said tribe, in the same manner and with the 10927 same precautions that annuities are paid : Provided, That if the 10928 said Indians shall, at the expiration of twenty years, or at any 10929 time thereafter, require the said stock to be sold, and the pro- 10930 ceeds thereof distributed among the whole tribe, or applied to 10931 the advancement of agriculture, education, or any other useful 10932 object, the same may be done, with the consent of the President 10933 and Senate. 10934 Article 4. The said Indians hereby set apart, out of the 246 10935 fund created by the sale of their lands, the following sums, 10936 namely: 10937 For a special payment to each of the principal chiefs, agreea- 10938 bly to a schedule annexed, five thousand dollars. 10939 For the support of schools among their children, ten thou- 10940 sand dollars. 10941 For the payment of their just debts, accruing since the treaty 10942 of Ghent, and before the signing of this treaty, forty thousand 10943 dollars. 10944 For compensating American citizens, upon whose property 10945 this tribe committed depredations after the surrender of Detroit 10946 in 1812, ten thousand dollars. , 10947 For meeting the payment of claims which have been consid- 10948 ered and allowed by the chiefs and delegates in council, as per 10949 schedule B hereunto annexed, twelve thousand two hundred and 10950 forty-three dollars and seventy-five cents. 10951 For vaccine matter, and the services of a physician, one 10952 hundred dollars per annum for five years. 10953 For the purchase of tobacco to be delivered to them, two 10954 hundred dollars per annum for five years. 10955 The whole of these sums shall be expended under the direc- 10956 tion of the President, and the following principles shall govern 10957 the application : The goods and provisions shall be purchased 10958 by an agent or officer of the Government, on contract, and de- 10959 livered to them, at their expense, as early as practicable after 10960 the ratification of the treaty. The annuity of ten thousand dol- 10961 lars shall be divided among the heads of families, agreeably to 10962 a census, to be taken for the purpose. The school fund shall be 10963 put at interest, by investment in stocks, and the interest applied 10964 annually to the object, commencing in the year 1840, but the 10965 principal shall constitute a permanent fund for twenty years, 10966 nor shall the stock be sold, nor the proceeds diverted, at that 10967 period, without the consent of the President and Senate. 10968 The monies set apart for the liquidation of their debts, and 10969 for depredations committed by them, shall be paid, under such 10970 precautions for ascertaining the justice of tte indebtedness or 10971 claim, as the President may direct, but no paymentshall be made, 10973 under either head, which is not supported by satisfactory proof, 10973 and sanctioned by the Indians ; and if any balance of either 10974 sum remains it shall be immediately divided by the disbursing 10975 officer among the Indians. The other items of expenditure 10976 mentioned in this article shall be disbursed, under the usual 10977 regulations of the Indian Department for insuring faithfulness 10978 and accountability in the application of the money. 10979 Article 5. The United States will advance the amount set 10980 apart in the preceding article for the purchase of goods and pro- 247 10981 visions, and the payment of debts and depredations by the tn- 10982 dians ; also the several sums stipulated to be paid to the chiefs, 10983 and distributed to the Indians as an annuity in 1837, and the 10984 amount set apart for claims allowed by the Indians, together 10985, with the expense of this negociation. 10986 Article 6. The said tribe agrees to remove from the State 10987 of Michigan as soon as a proper location can be obtained. For 10988 this purpose a deputation shall be sent to view the country oe- 10989 cupied by their kindred tribes, west of the most westerly point 10990 of Lake Superior, and if an arrangement for their future and 10991 permanent residence can be made in that quarter, which shall 10992 be satisfactory to them and to the Government, they shall be 10993 permitted to form a reunion with such tribes, and remove thereto. 10994 If such arrangement cannot i>e effected, the United States will 10995 afford its influence in obtaining a location for them at such 10996 place west of the Mississippi and southwest of the Missouri as 10997 the legislation of Congress may indicate. The agency of the 10998 exploration, purchase, and removal will be performed by the 10999 United States, but the expenses attending the same shall be 11000 chargeable to said Indians at the Treasury, to be refunded out of 11001 the proceeds of their lands at such time and in such manner as 11002 the Secretary of the Treasury shall deem proper. 11003 AuTiCLE 7. It is agreed that the smith's shop shall be con- 11004 tinned among the Saganaws, together with the aid in agrical- 11005 ture, farming utensils, and cattle secured to them under the 11006 treaty of September 24th, 1819, as fixed, in amount, by the act of 11007 Congress, May 15th, 1820. But the President is authorized to 11008 direct the discontinuance of the stated farmers should he deem 11009 proper, and the employment of a supervisor or overseer, to be 11010 paid out of this fund, who shall procure the services, and make 11011 the purchases required, under such instructions as may be is- 11012 sued by the proper department. And the services shall be ren- 11013 dered, and the shop kept, at such place or places as may be 11014 most beneficial to the Indians. It shall be competent for the 11015 Government, at the request of the Indians seasonably made, to 11016 furnish them agricultural products, or horses and saddlery, in lieu 11017 of said services, whenever the fund will Justify it: Provided, 11018 That the whole annual expense, including the pay of the super- 11019 visor, shall not exceed the sum of two thousand dollars, fixed by 11020 the act herein above referred to. 11021 Article 8. The United States agree to pay to the said 11022 tribe, as one of the parties to the treaty concluded at Detroit 11023 on the 17th of November, 1807, the sum of one thousand dollars, 11024 to quiet their claim to two reservations of land, of two sections 11025 each, lying in Oakland County, in the State of Michigan, which 11026 were ceded to the Government by the Pottowattomies of St. 248 11027 Joseph's on tbe nineteenth of September, 1827. l^is sum will 11028 be paid to the chiefs who are designated in the schedule referred 11029 to in the fourth article, at the same time and place that the 11030 annuities for the present year are paid to the tribe. And the 11031 said tribe hereby relinquish and acknowledge full satisfaction for 11032 any claim they now have, or have ever possessed, to the reser- 11033 vations aforesaid. 11034 Akticle 9. ^"othing in this treaty shall be construed to 11035 affect the payment of any annuity due to the said tribe by any 11036 prior treaty. But the same shall be paid as heretofore. 11037 Article 10. Abrogated by Article 4 of Treaty of December 11038 20, 1837, page 251. 11039 Article 11. The usual expenses attending the formation of 11040 this treaty will be paid T»y the United States, provided that 11041 the Government may, in the discretion of the President, direct 11042 the one moiety thereof to be charged to the Indian fund created 11043 by the third article of this treaty. 11044 Proclaimed July 2, 1838. 11045 Schedule of the names of chiefs entitled to payments under the fourth 11046 and eighth articles of the foregoing treaty. 11047 Tlie following chiefs, representing the several bands of tbe 11048 tribe of the Saganaws, are entitled to receive the several sums 11049 of iive hundred and one hundred dollars each, to wit : 11050 1. Ogima Kegido. 11051 2. Shawun, Epenaysse. 11062 3. Naum Gitchegome. 11053 4. MaukEsaub. 11054 5. Muckuk, Kosh. 11055 6. Peteway, Weetum. 11056 7. Paypah, Monshee. 11057 8. Tontagonee. 11058 9. Wasse. 11059 10. Wahputo-ains. 11060 HENEY K. SOHOOLCEAPT, 11061 Commissioner. 11062 Schedule B. 11063 ToWawasso $400 00 11064 Ke-she-ah-be-no qua, sister of Wawasso 400 00 11065 Ke-wah-ne-quot 400 00 11066 Peter Provencal 400 00 11067 Leon, or Oge-ma-ge-ke-to 400 00 11068 Moran, or Ghemoquemont -- 200 00 11069 Ke-she-go-qua ....>..: 200 00 249 11070 To Wetonsaw, son of James Connor $400 00 11071 Odis-pa-be-go-qua and children 800 00 11072 Pen-a-see 400 00 11073 Ozhe-me-ega , 400 00 11074 Bourissa's wife, at river au Sable 800 00 11075 Nah-bwa-quo-una 400 00 11076 Muttoway-bun-gee 400 00 11077 ^ Ghonne 400 00 11078 'Mah-in-guu 800 00 11079 Ma-conse 800 00 11080 J. P. Simonton 800 00 11081 Wabishkiadib, or Henry Conner 3, 243 75 11082 Peepegauaince - 200 00 11083 Articles supplementary to certain treaties beticeen the United States 11084 and the Saganaio tribe of Chippewas. 11085 Akticle 1. Whereas the said tribe have, by the treaty of 11086 the 14th January, 1837, ceded to the United States all their 11087 reserves of land in the State of Michigan, on the principle of 11088 said reserves being sold at the public land-oftices for their benefit, 11089 and the actual proceeds being paid to them, as farther defined 11090 by stipulations contained in the amendments to said treaty of 11091 the 20th December, 1837, and of the 23d January, 1838 ; and 11092 whereas it is required by a subsequent law of Congress to erect 11093 a light-house on one of said reserves, called !Na-bo-bish tract, 11094 lying at the mouth of the Saganaw Eiver, and to reserve so much 11095 of the same from sale as may be necessary : It is therefore hereby 11096 agreed by the said tribe that for and in consideration of the sum 11097 of eight dollars per acre, one-sixteenth of a section of said tract, 11098 situated as aforesaid, shall be, and the same is hereby, appro- 11099 priated and set apart to be located and disposed of in any man- 11100 ner the President may direct. And the same shall be reserved 11101 from sale, and all claim to any proceeds therefrom, except the 11102 sum hereinbefore stipulated, is fully, completely, and forever 11103 relinquished by said tribe. 11104 Aeticle 2. This compact shall be submitted to the Presi- 11105 dent and Senate of the United States, to be approved by them, 11106 whereupon possession of the land may be immediately taken, 11107 and the usufructory right of the Indians thereto shall cease. 11108 Proclaimed March 2, 1839. 11109 Supplementary article to a certain, treaty between the United States 11110 and the Ghippeica chiefs of Saganaw, concluded at Lower Sag- mil anaw, on the seventh day of February, eighteen hundred and 11112 thirty-nine. 11113 Article 1. "Whereas by the first article of the aforesaid 11114 treaty, the chiefs stipulate to sell to the United States forty 32 I T 250 11115 acres of land to be located on the Na-bo-bish tract at the moutl 11116 of Saganaw river, for the purpose of erecting thereon a light 11117 house: 11118 Now, provided the President of the United States shoulc 11119 prefer forty acres on the tract known as the forty-thousand- 11120 acre reservation, at the mouth of the aforesaid river, he is fuUj 11121 authorized by these presents to change the location from the Na 11122 bo-bish tract to the said forty-thousand-acre reservation. 11123 Proclaimed March 2, 1839. 11124 Articles of a treaty made and concluded at Flint Biver, in the Statt 11125 of Michigan, on the twentieth day of December, eighteen hun- 11126 dred and thirty-seven, between the United States, hy Henry B. 11127 Schoolcraft, commissioner duly authorized for that purpose, 11128 and acting superintendent of Indian affairs, and the Saganaw 11129 tribe of Ghippewas. 11130 Article 1. It is agreed that the sum of fifty cents per 11131 acre shall be retained out of every acre of land ceded by said 11132 tribe, by the treaty of the 14th of January, 1837, as an indem- 11133 nification for the location to be furnished for their future per- 11134 manent residence and to constitute a fund for emigrating 11135 thereto. 11136 Article 2. The United States agree to reserve a location 11137 for said tribe on the head-waters of the Osage Eiver, in the 11138 country visited by a delegation of the said tribe during the 11139 present year, to be of proper extent agreeably to their numbers, 11140 embracing a due proportion of wood and water, and lying con- 11141 tiguous to tribes of kindred language. Nor shall anything con- 11142 tained in the sixth article of the treaty of the 14th January, 11143 1837, entitle them at this time to a location in the country west 11144 of Lake Superior. 11145 Article 3. Nothing embraced in the fifth article of said 11146 treaty shall obligate the United States, at the present time, to 11147 advance from the Treasury the entire amount appropriated by 11148 the said tribe in the fourth article of said treaty ; but the Pres- 11149 ident shall have authority to direct such part of the said moneys 11150 to be paid for the objects indicated, so far as the same are not 11151 hereinafter modified, as he may deem proper : Provided, That 11152 the whole sum so advanced shall not exceed seventy-flve thou- 11153 sand dollars. And the reduction shall be made upon the sev- 11154 eral items ratably, or in any other manner he may direct : Pro- 11155 vided, That the balance of said appropriations, or of any item 11156 or items thereof, shall be paid out of the proceeds of the ceded 11157 lands, as soon as the fund will permit and the President may 11158 direct. 251 11159 Article 4. The first and second clauses of tlie fourth ar- 11160 tide of the treaty of the 14th of January, 1837, and the tenth lllCl article of said treaty are hereby abrogated ; and in lieu thereof 11162 it is agreed that theTJnited States shall pay to said tribe in each 11163 of the years 1838 and 1839, respectively, an annuity of live thou- 11164 sand dollars, and goods to the amount of ten thousand dollars, 11165 to be advanced by the Treasury, and to be refunded out of the 11166 first proceeds of their lands. But no further annuity, nor in any 11167 higher amounts, shall be paid to them by virtue of the treaty 11168 aforesaid, untill the same shall be furnished by the interest of 11169 the proceeds of their lands, vested in conformity with the pro- 11170 visions of the third article of said treaty. 11171 Article 5. Several of the chiefs entitled to payments by 11172 schedule A affixed to the treaty aforesaid having died within 11173 the year, it is agreed that the proportion of the fund to which 11174 they would have been entitled may be redivided in such man- 11175 ner as the President may direct. 11176 Abticlb 6. No act of Congress shall confer upon any cit- 11177 izen or other person the right of pre-emption to any lands ceded 11178 to the United States by the treaty of the 14th of January, 1837, ■ 11179 herein above referred to. Nor shall any construction be put 11180 upon any existing law respecting the public lands granting this 11181 right to any lands ceded by said ti'eaty. 11182 Article 7. The United States will pay the expenses of this 11183 negotiation, together with the unpaid expenses of the prior ne- 11184 gotiations with said tribe of the 24th of May, 1836, and of the 11185 14th of January, 1837. 11186 Proclaimed July 3, 1838. 11187 CHIPPEWAS.— THE BANDS COMPEEHENDED WITHIN 11188 THE DISTRICT OP SAGINAW. 11189 Articles of a treaty concluded at the city of Saganaw in Michigan, 11190 on the twenty-third day of January, eighteen hundred and 11191 thirty-eight, between the United States of America, by the %n- 11192 dersigned commissioner, and the several bands of the Chippewa 11193 Nation comprehended within the district of 8aganaw. 11194 Whereas the chiefs of said bands have represented that 11195 combinations of purchasers may be formed, at the sale of their 11196 lauds, for the purpose of keeping down the price thereof, both 11197 at the public and private sales, whereby the proceeds would be 11198 greatly diminished ; and 11199 Whereas such a procedure would defeat some of the primary 11200 objects of the cession of the lands to the United States, and 252 11201 thereby originate difficulties to their early removal and expatri- 11202 ation to the country west of the Mississippi ; and 11203 Whereas full authority has been given to the undersigned, 11204 respectively, on the part of the United States and the said 11205 bands, to conclude and settle every question connected with the 11206 sale and cession aforesaid : 11207 JSTow, therefore, to the end that justice may cohipletely ensue, 11208 the objects of both the contracting parties be attained, and peace 11209 and friendship be preserved with said tribes, it is mutually 11210 agreed as follows : 11211 Aeticlb 1. The lands ceded by the treaty of the 14th of 11212 January, 1837, shall be offered for sale, by proclamation of the 11213 President, and the sale shall be conducted in the same manner 11214 as the laws require other lands to be sold : But it is provided, 11215 That all lands brought into market under the authority of said 11216 treaty shall be put up for sale by the register and receiver of 11217 the respective land office at five dollars per acre, which is hereby 11218 declared to be the minimum price thereof; and if this price is 11219 not bid the sales shall be stopped; nor shall any such lands be 11220 disposed of, either at public or private sales, for a sum less than 11221 five dollars per acre, for and daring the term of two years from 11222 the commencement of the sale. Should any portion of said 11223 lands remain unsold at the expiration of this time, the minimum 11224 price shall be diminished to two dollars and fifty cents per acre, 11225 at which price they shall be subject to entry until the whole 11226 quantity is sold : Provided, That if any part of said lands remain 11227 unsold at the expiration of five years from the date of the rati- 11228 fication of this treaty, such lands shall fall under the provision 11229 of third article of this treaty. 11230 Aeticle 2. To provide against the contingency of any of 11231 said lands remaining unsold, and to remove any objections to 11232 emigrating, on the part of the Indians, based on such remainder, 11233 it is hereby agreed that every such section, fractional section, 11234 or other unsold remainder, shall, at the expiration of five years 11235 from the ratification of this treaty, be sold for such sum as it 11236 will command : Provided, That no such sale shall be made for 11237 less than seventy-five cents per acre. 11238 Article 3. This treaty shall be binding from the date of 11239 its constitutional ratification ; but its validity shall not be affected 11240 by any modification or non-concurrence of the President and 11241 Senate in the third and fourth articels thereof. 11242 Proclaimed July 2, 1838. 253 11243 CHIPPEWAS OP SAULT STE. MAEIE. 11244 Franklin Pierce, President of the United States of America, 11245 to all and singular to wliom these presents shall come, 11246 greeting : 11247 Whereas a treaty was made and concluded at the city of 11248 Detroit, in the State of Michigan, the second day of August, 11249 eighteen hundred and fifty-five, by George W. Manypenny arid 11250 Henry 0. Gilbert, commissioners on the part of the United 11251 States, and the Chippewa Indians of Sault Ste. Marie, which 11252 treaty is in the words and figures following, to wtt : 11253 Articles of agreement made and concluded at the city of De- 11254 troit, in the State of Michigan, the second day of August, 11255 1855, between George W. Manypenny and Henry C. Gil- 11256 bert, commissioners on the part of the United States, and 11257 the Chippewa Indians of Sault Ste. Marie. ■ 11258 Article 1. The said Chippewa Indians surrender to the 11259 United States the right of fishing at the falls of St. Mary's, and 11260 of encampment, convenient to the fishing-ground, secured to 11261 them by the treaty of June 16, 3 820. 11262 Article 2. The United" States will appoint a commissioner 11263 who shall, within six months after the ratification of this treaty, 11264 personally visit and examine the said fishery and place of en- 11265 campment, and determine the value of the interest of the In- 11266 dians therein as the same originally existed. His award shall 11267 be reported to the President, and shall be final and conclusive, 11268 and the amount awarded shall be paid to said Indians, as annu- 11269 ities are paid, and shall be received by them in full satisfaction 11270 for the right hereby surrendered : Provided, That one-third of 11271 said award shall, if the Indians desire it, be paid to such 'of 11272 their half-breed relations as they may indicate. 11273 Article 3. The United States also give to the chief, 11274 O-shaw-waw-no, for his own use, in fee-simple, a small island in 11275 the river St. Mary's, adjacent to the camping-ground hereby 11276 surrendered, being the same island on which he is now en- 11277 camped, and said to contain less than half an acre : Provided, 11278 That the same has not been heretofore otherwise appropriated 11279 or disposed of; and in such case, this grant is to be void, and 11280 no compensation is to be claimed by said chief of any of the 11281 Indians, parties hereto, in lieu thereof. 11282 Article 4. This agreement shall be obligatory and bind- 11283 ing on the contracting parties as soon as the same shall be rati- 11284 fied by the President and Senate of the United States. 11285 Proclaimed April 24, 1856. 254 11286 OHIPPBWAS, EBD LAKE, AND PEMBINA BANDS. 11287 Treaty between the United States and the Bed Lake and Pembina 11288 bands of Chippewa Indians, concluded in Minnesota October 11289 2, 1863 ; ratified by the Senate, with amendments, March 1, 11290 1864; amendments assented to April 12, 1864. 11291 By the President of the United States of America : 11292 A PEOCLAMATION. 11293 To all and singular to wlioui these presents shall come, greeting : 11294 Whereas a treaty was made and concluded at the Old Cross- 11295 ing of Eed Lake Eiver, in the State of Minnesota, on the second 11296 day of October, in the year of our Lord one thousand eight hun- 11297 dred and sixty-three, by and between Alexander Eamsey and 11298 Ashley C. Morrill, commissioners on the part of the United 11299 States, and the hereinafter-named chiefs, head-men, and warriors 11300 of the Eed Lake and Pembina bands of Chippewa Indians, on 11301 the part of said bands, and duly authorized thereto by them, 11302 which treaty is in the words and figures following, to wit : 11303 Articles of a treaty made and concluded at the Old Crossing of 11304 Eed Lake Eiver, in the State of Minnesota, on the second 11305 day of October, in the year eighteen hundred and sixty- 11306 three, between the United States of America, by their com- 11307 missioners, Alexander Eamsey and Ashley C. Morrill, agent 11308 for the Chippewa Indians, and the Eed Lake and Pembina 11309 bands of Chippewas, by their chiefs, head-men, and war- 11310 riors. 11311 Article 1. The peace and friendship now existing between 11312 the United States and the Eed Lake and Pembina bands of 11313 Chippewa Indians shall be perpetual. 11314 Article 2. The said Eed Lake and Pembina bands of 11315 Chippewa Indians do hereby cede, sell, and convey to the United 11316 States all their right, title, and interest in and td all the lands 11317 now owned and claimed by them in the State of Minnesota and 11318 in the Territory of Dakota within the following described bound- 11319 aries, to wit : Beginning at the point where the international 11320 boundary between the United States and the British possessions 11321 intersects the shore of the Lake of the Woods ; thence in a direct 11322 line southwestwardly to the head of Thief Eiver ; thence down 11323 the main channel of said Thief Eiver to its mouth on the Eed 11324 Lake Eiver; thence in a southeasterly direction, in a direct 11325 line toward the head of Wild Eice Eiver, to the point where 11326 such line would intersect the northwestern boundary of a tract 255 11327 ceded to the United States by a treaty concluded at Washing- 11328 ton on tlie 22d day of February, in the year eighteen hundred 11329 and flfty-flve, with the Mississippi, Pillager, and Lake Winne- 11330 bigoshish bands of Chippewa Indians ; thence along the said 11331 boundary-line of the said cession to the month of Wild Eice 11332 Eiver ; thence up the main channel of the Eed Elver to the 11333 mouth of the Shayenne; thence up the main channel of the 11334 Shayenne Eiver to Poplar Grove ; thence in a direct line to the * 11335 Place of Stumps, otherwise called Lake Chicot ; thence in a 11336 direct line to the head of the main branch of Salt Eiver ; thence 11337 in a direct line due north to the point where such line would in 11338 tersect the international boundary aforesaid ; thence eastwardly 11339 along said boundary to the place of beginning. 11340 Aktiole 3. In consideration of the foregoing cession, the 11341 United States agree to pay to the said Eed Lake and Pembina 11342 bands of Chippewa Indians the following sums, to wit : Twenty 11343 thousand dollars per annum for twenty years, the said sum to 11344 be distributed among the Chippewa Indians of the said bands in 11345 equal amounts per capita, and for this purpose an accurate enu- 11346 meration and enrollment of the members of the respective bands 11347 and families shall be made by the offlcers of the United States : 11348 Provided, That so much of this sum as the President of the 11349 • United States shall direct, not exceeding five thousand dollars 11350 per year, may be reserved from the above sum and applied to 11351 agriculture, education, the purchase of goods, powder, lead, &c., 11352 for their use, and to such other beneficial purposes calculated to 11353 promote the i^rosperity and happiness of the said Chippewa In- 11354 dians, as he may prescribe. 11355 Article 4. And in further consideration of the foregoing 11356 cession, and of their promise to abstain from such acts in future 11357 the United States agree that the said Eed Lake and Pembina 11358 bands of Chippewa Indians shall not be held liable to punis h 1 1359 ment for past offences. And in order to make compensation to 11360 the injured parties for the depredations committed by the said 11361 Indians on the goods of certain British and American traders at 11362 the mouth of Eed Lake Eiver, and for exactions forcibly levied 11363 by them on the proprietors of the steamboat plying on the Eed 11364 Eiver, and to enable them to pay their just debts, the United 11365 States agree to appropriate the sum of one hundred thousand 11366 dollars, it being understood and agreed that the claims of indi- 11367 viduals for damages or debt under this article shall be ascer. 11368 tained and audited, in consultation with the chiefs of said bands, 11369 by a commissioner or commissioners appointed by the President 11370 of the United States; furthermore, the sum of- two thousand 11371 dollars shall be expended for powder, lead, twine, or such other 11372 beneiicial purposes as the chiefs may request, to be equitably 256 11373 distributed among the said bands at the first payment: Provided, 11374 That no part of the sum of one hundred thousand dollars shall 11375 be appropriated or paid to make compensation for damages or 11376 for the payment of any debts owing from said Indians until the 11377 said commissioner or commissioners shall report each case, with 11378 the proofs thereof, to the Secretary of the Interior, to be sub- 11379 mitted to Congress, with his opinion thereon, for its action ; and 11380 that after such damages and debts shall have been paid, the res- 11381 idue of said sum shall be added to the annuity funds of said In- 11382 dians, to be divided equally upon said annuities. 11383 Article 4. To encourage and aid the chiefs of said bands 11384 in preserving order and inducing, by their example and advice, 11385 the members of their respective bands to adopt the habits and 11386 jmrsuits of civilized life, there shall be paid to each of the said 11387 chiefs annually, out of the annuities of the said bands, a sum 11388 not exceeding one hundred and fifty dollars, to be determined 11389 by their agents according to their respective merits. And for 11390 the better promotion of the above objects, a further sum of five 11391 hundred dollars shall be paid at the first payment to each of the 11393 said chiefs, to enable him to build for himself a house. Also, 11393 the sum of five thousand dollars shall be appropriated by the 11394 United States for cutting out a road from Leech Lake to Ked 11395 Lake. 11396 Article 5. The President shall appoint a board of visitors, 11397 to consist of not less than two nor more than three persons, to 11398 be selected from such Christian denominations as he may desig- 11399 nate, whose duty it shall be to attend at all annuity payments 11400 of the said Chippewa Indians, to inspect their fields and other 11401 improvements, and to report annually thereon on or before the 11402 first day of November, and also as to the qualifications and moral 11403 deportment of all persons residing upon the reservation under 11404 the authority of law; and they shall receive for their services 11405 five dollars a day for the time actually employed, and ten cents 11406 per mile for travelling expenses: Provided, That no one shall be 11407 paid iu any one year for more than twenty days' service or for 11408 more than three hundred miles' travel. 11409 Article 6. The laws of the United States now in force, or 11410 that may hereafter be enacted, prohibiting the introduction and 11411 sale of spirituous liquors in the Indian country, shall be in full 11412 force and effect throughout the country hereby ceded, until 11413 otherwise directed by Congress or the President of the United • 11414 States. 11415 Article 7. In further consideration of the foregoing ces- 11416 sion, it is hereby agreed that the United States shall grant to 11417 each male, adult half-breed, or mixed-blood who is related by 11418 blood to the said Chippewas of the said Eed Lake or Pembina 257 11419 bands who has adopted the habits aad customs of civilized life, 11420 and who is a citizen of the United States, a homestead of one 11421 hundred and sixty acres of land, to be selected at his option, 11422 within the limits of the tract of country hereby ceded to the 11423 United States, on any land not previously occupied by actual 11424 settlers or covered by prior grants, the boundaries thereof to be 11425 adjusted in conformity with the lines of the official surveys when 11426 the same shall be made, and with the laws and regulations of 11427 the United States affecting the location and entry of the same : 11428 Provided, That no scrip shall be issued under the provisions of 11429 this article, and no assignments shall be made of any right, title, 11430 or interest at law or in equity until a patent shall issue, and no 11431 patent shall be issued until due proof of five years' actual resi- 11432 dence and cultivation, as recjuired by the act entitled "An act 11433 to secure homesteads on the public domain." 11434 Article 8. Upon the urgent request of the Indians, parties 11435 to this treaty, there shall be set apart from the tract hereby 11436 ceded a reservation of (640) six hundred and forty acres near the 11437 mouth of Thief Eiver for the chief " Moose Dung," and a like 11438 reservation of (640) six hundred and forty acres for the chief 11439 "Ked Bear," on the north side of Pembina Eiver. 11440 Proclaimed May 5, 1864. 11441 Supplementary articles to the treaty between the United States and 11442 the Bed Lake and Pembina bands of Chippeica Indians, con- 11443 eluded at Washington April 12, 1864 ; ratified by the Senate 11444 April 21, 1864. 11445 By the President of the United States of America. 11446 A PEOCLAMATION. 11447 To all and singular to wliom these presents shall come, greeting : 11448 Whereas a treaty was made and concluded at the city of 11449 Washington, in the District of Columbia, on the 12th day of 11450 April, in the year of our Lord one thousand eight hundred and 11451 sixty-four, by and between Clark W. Thompson and Ashley C. 11452 Morrill, commissioners on the part of the United States, and 11453 the hereinafter-named chiefs, head-men, and warriors of the 11454 Eed Lake and Pembina bands of Chippewa Indians, on behalf 11455 of and duly authorized thereto by said bands, which treaty is in 11456 the words and figures following, to wit : 11457 Articles supplementary to the treaty made and concluded at the 11458 Old Crossing of Eed Lake Eiver, in the State of Minnesota, 11459 on the second day of October, in the year eighteen hundred 11460 and sixty-three, between the United States of America, by 33 IT 258 11461 their commissioners, Clark W. Thompson and Ashley C. 11462 Morrill, and the Eed Lake and Pembina bands of Chippewa 11463 Indians, by their chiefs, head-men, and warriors, concluded 11464 at the city of Washington, District of Columbia, on the 11465 twelfth day of April, in the year eighteen hundred and 11466 sixty-four, between the United States, by the said commis- 11467 sioners, of the one part, and the said bands of the Chippe- 11468 wa Indians, by their chiefs, head-men, and warriors, of the 11469 other part. 11470 Article 1. The said Eed Lake and Pembina bands of 11471 Chippewa Indians do hereby agree and assent to the provisions 11472 of the said treaty, concluded at the Old Crossing of Red Lake 11473 Eiver, as amended by the Senate of the United States, by reso- 11474 lution bearing date the first day of March, in the year eighteen 11475 hundred and sixty-four. 11476 Akticle 2. In consideration of the cession made by said 11477 treaty, concluded at the Old Crossing of Eed Lake Eiver, and 11478 in lieu of the annuity payment provided for by the third article 11479 of said last-mentioned treaty, the United States will pay annu- 11480 ally, during the pleasure of the President of the United States, 11481 to the Eed Lake band of Chippewas the sum of ten thousand 11482 dollars, and to the Pembina band of Chippewas the sum of five 11483 thousand dollars, which said sums shall be distributed to the 11484 members of said bands, respectively, in equal amounts per cap. 11485 ita, for which purpose an accurate enumeration and enrollment 11486 of the members of the respective bands shall be made by the 11487 ofacers of the Pnited States. 11488 Article 3. The United States will also expend annually, for 11489 the period of fifteen years, for the Red Lake band of Chippewas, 11490 for the purpose of supplying them with gilling-twine, cotton 11491 mater, calico, linsey, blankets, sheeting, flannels, provisions, 11492 farming- tools, and for such other useful articles and for such 11493 other useful purposes as may be deemed for their best interests, 11494 the sum of eight thousand dollars j and will expend in like 11495 manner, and for a like period, and for like purposes, for the 11496 Pembina band of Chippewas, the sum of four thousand dollars. 11497 Article 4. The United States also agree to furnish said 11498 bands of Indians, for the period of fifteen years, one blacksmith, 11499 one physician, one miller, and one farmer ; and will also furnish 11500 them annually, daring the same period, with fifteen hundred 11501 dollars' worth of iron, steel, and other articles for blacksmithing 11502 purposes, and one thousand dollars for carpentering and other 11503 purposes. 11504 Article 5. The United States also agree to furnish for said 11505 Indians, at some suitable point, to be determined by the Secre- L1506 tary of the Interior, a saw-mill, with a run of millstones attached. 259 11507 Akticle 6. It is further agreed, by and between the par- 11508 ties hereto, that article four of the said treaty, concluded at the 11509 Old Crossing of Eed Lake Eiver, and the amendment to said 11510 article, shall be modified as follows : that is to say, twenty-five 11511 thousand dollars of the amount thereby stipulated shall be paid 11512 to the chiefs of said bands, through their agent, upon the ratifl- 11513 cation of these articles, or so soon thereafter as practicable, to 11514 enable them to purchase provisions and clothing, presents to be 11515 distributed to their people upon their return to their homes ; of 11516 which amount five thousand dollars shall be expended for the 11517 benefit of their chief, May-dwa-gwa-no-nind; and that from the 11518 remaining seventy-five thousand dollars the claims of injured 11519 parties for depredations committed by said Indians on the goods 11520 of certain British and American traders at the mouth of Eed 11521 Lake Eiver, and for exactions forcibly levied by them on the 11522 proprietors of the steamboat plying on the Eed Eiver, shall have 11523 priority of payment, and be paid in full, and the remainder 11524 thereof shall be paid pro rata upon the debts of said tribe incur- 11525 red since the first day of January, in the year eighteen hundred 11526 and fifty-nine, to be ascertained by their agent in connection 11527 with the chiefs, in lieu of the commissioner or commissioners 11528 provided for in the fourth article of said treaty concluded at the 1 1529 Old Orossing of Eed Lake Eiver. 11530 Article 7. It is further agreed by the parties hereto, that, 11631 in lieu of the lands provided for the mixed-bloods by article 11532 eight of said treaty, concluded at the Old Orossing of Eed Lake 11533 Eiver, scrip shall be issued to such of said mixed-bloods as shall 11534 so elect, which shall entitle the holder to a like amount of land, 11535 and may be located upon any of the lands ceded by said treaty, 11536 but not elsewhere, and shall be accepted by said mixed-bloods 11537 in lieu of all future claims for annuities. 11538 Proclaimed April 25, 1864. 11539 CHIPPEWAS, MISSISSIPPI, AND PILLAGEE AND LAKE 11540 WINNEBAGOSHISH BANDS. 11541 Treaty between the United States of America and the Chippewas of 11542 the Mississippi and Pillager and Lahe Winnebagoshish bands 11543 of Chippewa Indians in Minnesota, concluded May 7, 1864 ; 11544 ratification advised, with an amendment by the Senate, Febru- 11545 ary 9, 1865 ; amendment assented to February 14, 1865. 11546 Abraham Lincoln, President of the United States of America, 11547 to all and singular to whom these presents shall come, 11548 greeting : 11549 Whereas a treaty was made and concluded at the city of 260 11550 Washington, in the District of. Columbia, on the seventh day of 11551 May, in the year of our Lord one thousand eight hundred and 11552 sixty-four, by and between William P. Dole, Commissioner of 11553 Indian Affairs, and Clark W. Thompson, superintendent of Indian 11554 affairs for the northern superintendency, on the part of the 11555 United States, and the Chippewa chief Que-we-zance, or Hole- 11536 in-the-day, and Mis-qua-dace, or Turtle, on the part of the Chip- 11557 pewas of the Mississippi, and Pillager and Lake Winnebagosh- 11558 ish bands of Chippewa Indians in Minnesota, and duly author- 11559 ized thereto by them, which treaty is in the words and figures 11560 following, to wit : 11561 Articles of agreement and convention made and concluded at 11562 the city of Washington this seventh day of May, A. D. 1864, 11563 between William P. Dole, Commissioner of Indian Affairs, 11564 and Clark W. Tho mpson, superintendent of Indian affairs 11565 for the northern superintendency, on the part of the United 11566 States, and the Chippewa chief Hole-in-the-day, and Mis- 11567 qua-dace, for and on behalf of the Chippewas of the Mis- 11568 sissippi, and Pillager and Lake Winnebagoshish bands of 11569 Chippewa Indians in Minnesota. 11570 Article 1. The reservations known as Cull Lake, Mille 11571 Lac, Sandy Lake, Eabbit Lake, Pokagomin Lake, and Eice Lake, 11572 as described in the second clause of the second article of the 11573 treaty with the Chippewas of the twenty-second ©f February, 11574 1855, are hereby ceded to the United State s, excepting one half 11575 section of land, including the mission buildings at Gull Lake, 11576 which is hereby granted in fee simple to the Keverend John 11577 Johnson, missionary, and one section of land, to be located by 11578 the Secretary of the Interior on the southeast side of Gull Lake, 11579 and which is hereby granted in fee simple to the chief Hole- 11580 in-the-day, and a section to chief Mis-qua-dace, at Sandy Lake, 11581 in like manner, and one section to chief Shaw-vosh-kung, at 11582 Mille Lac, in like manner. 11583 Article 2. In consideration of the foregoing cession, the . 11584 United States agree to set apart, for the future home of the 11585 Chippewas of the Mississippi, all the lands embraced within the 11586 following-described boundaries, excepting the reservations made 11587 and described in the third clause of the second article of the 11688 said treaty of February 22d, 1855, for the Pillager and Lake 11589 Winnebagoshish bands ; that is to say, beginning at a point one 11590 mile south of the most southerly point of Leach Lake, and run. 11591 ning thence in an easterly course to a point one mile south of 11592 the most southerly point of Goose Lake ; thence due east to a 11593 point due south from the intersection of the Pokagomin reser- 11594 vation and the Mississippi Eiver ; thence on the dividing-line 11595 between Deer Eiver and lakes and Mashkordens Eiver and lakes. 261 11596 until a point is reached north of the first-named river and lakes; 11597 thence in a direct line northwesterly to the outlet of Two Eouts 11598 Late ; then in a southwesterly direction to Turtle Lake; thence 11599 southwesterly to the head- water of Rice Eiver ; thence north- 11600 westerly along the line of the Eed Lake reservation to the mouth 11601 of Thief Eiver; thence down the centre of the main channel of 11602 Eed Lake Eiver to a point opposite the mouth of Black Eiver ; 11603 thence southeasterly in a direct line with the outlet of Eice Lake 11604 to a point due west from the place of beginning; thence to the 11605 place of beginning. 11606 Article 3. In consideration of the foregoing cession to the 11607 United States, and the valuable improvements thereon, the 11608 United States further agree, first, to extend the present aunu- 11609 ities of the Indians, parties to this treaty, for ten years beyond the 11610 periods respectively named in existing treaties ; second, and to 11611 pay towards the settlement of the claims for depredations com- 11612 mitted by said Indians in 1862, the sum of twenty thousand 11613 dollars ; third, to the chiefs of the Ohippewas of the Mississippi, 11614 ten thousand dollars, to be paid upon the ratification of this 11615 treaty ; and five thousand dollars to the chief Hole-in-the-day 11616 for depredations committed in burning his house and furniture 11617 in 1862. 11618 Article 4. The United States further agree to pay seven 11619 thousand five hundred ($7,500) dollars for clearing, stumping, 11620 grubbing, breaking, and planting on the reservation hereby set 11621 apart for the Ohippewas of the Mississippi, in lots of not less 11622 than ten acres each, at such point or points as the Secretary of 11623 the Interior may select, as follows, viz : For the Gull Lake band, 11624 seventy (70) acres ; for the Mille Lac band, seventy (70) acres ; 11625 for the Sandy Lake band, fifty (50) acres ; for the Pokagomin 11626 band, fifty (50) acres ; for the Eabbit Lake band, forty (40) 11627 acres ; for the Eice Lake band, twenty (20) acres ; and to expend 11628 five thousand dollars (15,000) in building for the chiefs of said 11629 bands one house each, under the direction of the Secretary of 11630 the Interior. 11631 Article 5. The United States agree to famish to said In- 11632 dians, parties to this treaty, ten (10) yoke of good steady work 11633 oxen, and twenty log-chains annually for ten years, provided the 11634 Indians shall take proper care of and make proper use of the 11635 same; also for the same period, annually, two hundred (200) 11636 grubbing-hoes, ten (10) ploughs, ten (10) grindstones, one hun- 11637 dred (100) axes, handled, not to exceed in weight three and one- 11638 half pounds each, twenty (20) spades, and other farming imple- 11639 ments, provided it shall not amount to more than fifteen hundred 11640 dollars in one year ; also two carpenters, and two blacksmiths, 11641 and four farm-laborers, and one physician. 262 11642 Article 6. The United States further agree to pay annu- 11643 ally one thousand dollars ($1,000) towards the support of a saw- 11644: mill, to be built for the common use of the Chippewas of the 11645 Mississippi and the Eed Lake and Pembina bands of Chippewa 11646 Indians, so long as the President of the United States may 11647 deem it necessary ; and to expend in building a road, bridges, •11648 &c., to their new agency, seven thousand five hundred dollars 11649 ($7,500 ;) and to expend for new agency buildings, to be located 11650 by the Secretary of the Interior, for the common use of the Chip- 11651 pew as of the Mississippi, Bed Lake, and Pembina, and Pillager 11652 and Lake Winnebagoshish bands of Chippewa Indians, twenty - 11653 five thousand dollars ($25,000.) 11654 Article 7. There shall be a board of visitors, to consist of 11655 not less than two nor more than five persons, to be selected from 11656 such Christian denomination or denominations as the chiefs in 11657 council may designate, whose duty it shall be to be present at all 11658 annuity payments to the Indians, whether of goods, moneys, 11659 provisions, or other articles, and to inspect the fields, buildings, 11660 mills, and other improvements made or to be made, and to report 11661 annually thereon, on or before the first day of November ; and 11662 also as to the qualifications and moral deportment of all persons 11663 residing upon the reservation under the sanction of law or reg- 11664 ulation, and they shall receive for their services five dollars per 11665 day for the time actually employed, and ten cents per mile for 11666 travelling expenses : Provided, That no one shall be paid in any 11667 one year for more than twenty days' service, or for more than 11668 three hundred miles' travel. 11669 Article 8. No person shall be recognized as a chief whose 11670 band numbers less than fifty persons ; and to encourage and aid 11671 the said chiefs in preserving order, and inducing, by their ex- 11672 ample and advice, the members of their respective bands to 11673 adopt the pursuits of civilized life, there shall be paid to each 11674 of said chiefs annually, out of the annuities^of said bands, a sura 11675 not exceeding one hundred and fifty dollars, ($150,) to be deter- 11676 mined by their agent according to their respective merits. 11677 Article 9. To improve the morals and industrial habits of 11678 said Indians, it is agreed that no agent, teacher, interpreter, 11679 trader, or other employees shall be employed, appointed, licensed, 11680 or permitted to reside within the reservations belonging to the 11681 Indians, parties to this treaty, missionaries excepted, who shall 11682 not have a family residing with them at their respective places 11683 of employment or trade within the agency, whose moral habits 11684 and fitness shall be reported upon annually by the board of 11685 visitors ; and no person of full or mixed blood, educated or par- 11686 tially educated, whose fitness, morally or otherwise, is not con- 11687 ducive to the welfare of said Indians, shall receive any benefit 263 11688 from this or any former treaties, and may be expelled from the 11689 reservation. 11690 Article 10. All annuities under this or former treaties shall 11691 be paid as the chiefs in council may request, with the approval 11692 of the Secretary of the Interior, until otherwise altered or 11693 amended, which shall be done whenever the board of visitors, 11694 bytherequestsof the chiefs, may recommend it : Provided, That 11695 no change shall take place oftener than once in two years. 11696 Aeticle 11. Whenever the services of laborers are required 11697 upon the reservation, preference shall be given to full or mixed 11698 bloods, if they shall be found competent to perform them. 11699 Article 12. It shall not be obligatory upon the Indians, 11700 parties to this treaty, to remove from their present reservations 11701 until the United States shall have first complied with the stipu- 11702 lations of Articles IV and VI of this treaty, when the United 11703 States shall furnish them with all necessary transportation and 11704 subsistence to their new homes and subsistence for six months 11705 thereafter: Provided, That, owing to the heretofore good con- 11706 duct of the Mille Lac Indians, they shall not be compelled to 11707 remove so long as they shall not in any way interfere with or in 11708 any manner molest the persons or property of the whites : Pro- 11709 vided. That those of the tribe residing on the Sandy Lake re- 11710 servation shall not be removed until the President shall so 11711 direct. 11712 Article 13. Female members of the family of any govern- 11713 ment employe[e] residing on the reservation, who shall teach 11714 Indian girls domestic economy, shall be allowed and paid a sum 11715 not exceeding ten dollars per month while so engaged : Provided, 11716 That not more than one thousand dollars shall be so expended 11717 during any one year, and that the President of the United 11718 States may suspend or annul this article whenever he may deem 11719 it expedient to do so. 11720 Article 14. Ifc is distinctly understood and agreed that the 11721 clearing and breaking of land for the Ohippewas of the Missis- 11722 sippi, as i3rovided for in the fourth article of this treaty, shall 11723 be in lieu of all former engagements of the United States as to 11724 the breaking of lands for those bands, and that this treaty is in 11725 lieu of the treaty made by the same tribes, approved March 11th, 11726 1863. 11727 Proclaimed March 20, 1865. 11728 Franexin Pierce, President of the United States of America, 11729 to all and singular to whom these ' presents shall come, 11730 greeting: 11731 Whereas a treaty was made and concluded at the city of 11732 Washington, on the twenty-second day of February, one thou- 264 11733 sand eight hundred and fifty-five, between the United States 11734 and the Mississippi bands of Chippewa Indians, which treaty is 11735 in the words following, to wit : 11736 Articles of agreement and convention made and concluded at 11737 the city of Washington, this twenty-second day of February, 11738 one thousand eight hundred and fifty-five, by George W. 11739 Manypenny, commissioner, on the part of the United States, 11740 and the following-named chiefs and delegates, representing 11741 the Mississippi bands of Chippewa Indians, viz : Pug-o-na 11742 ke-shick, or Hole-in-theday ; Que-we-sans-ish, or Bad Boy^ 11743 Wand-e-kaw, or Little Hill; I-awe-showe-we-ke-shig, or 11744 Crossing Sky,' Petud-dunce, or Eat's Liver; Mun-o-min-e- 11745 kay-shein, or Rice-Maker; Mah-yah-ge-way-we-durg, or the 11746 Chorister; Kay-gwa-daush, or the Attempter; Caw-caug-e- 11747 we-gooD, or Crow Feather; and Show-baush-king, or He 11748 that passes under Everything, and the following-named 11749 chiefs and delegates representing the Pillager and Lake 11750 "Winnibigoshish bands of Chippewa Indians, viz: Aish-ke- 11751 bug-e-koshe, or Flat Mouth; Be-sheck-kee, or Buffalo; Nay- 11752 bun-a-caush, or Young Man's Son ; Maug-e-gaw-bow, or Step- 11753 ping Ahead; Mi-gi-si, or Eagle, and Kaw-be-mub-bee, or 11754 North Star, they being thereto duly authorized by the said 11755 bands of Indians respectively. 11756 Aetiolb 1. The Mississippi, Pillager, and Lake Winnibi- 11757 goshish bands of Chippewa Indians hereby cede, sell, and con- 11758 vey to the United States all their right, title, and interest in 11759 and to the lands now owned and claimed by them, in the Terri- 11760 tory of Minnesota, and included within the following bounda- 11761 ries, viz : Beginning at a point where the east branch of Snake 11762 Elver crosses the southern boundary-line of the Chippewa 11763 country, east of the Mississippi Eiver, as established by the 11764 treaty of July twenty-ninth, one thousand eight hundred and 11765 thirty-seven; running thence, up the said branch, to its source; 11766 thence, nearly north in a straight line, to the mouth of East 11767 Savannah Eiver; thence, up the St. Louis Eiver, to the mouth 11768 of East Swan Eiver; thence, up said river, to its source; thence, 11769 in a straight line, to the most westwardly bend of Vermillion 11770 Eiver; thence, northwestwardly, in a straight line, to the first 11771 and most considerable bend in the Big Fork Eiver; thence, down 11772 said river, to its mouth ; thence, down Eainy Lake Eiver, to the 11773 mouth of Black Eiver; thence, uj) that river to its source; 11774 thence, in a straight line, to the northern extremity of Turtle 11775 Lake; thence, in a straight line, to the mouth of Wild Eice 11776 Eiver; thence, up Eed Eiver of the North, to the mouth of 11777 Buffalo Eiver; thence, in a straight line, to the southwestern 11778 extremity of Otter-Tail Lake; thence, through said lake, to the 265 11779 source of Leaf Eiver; thence, down said river, to its junction 11780 with Grow Wing Eiver; thence, down Crow Wing Eiver, to its 11781 junction with the Mississippi Eiver; thence to the conimence- 11782 ment on said river of the southern boundary-line of the Ohip- 11783 pewa country, as established by the treaty of July twenty-ninth, 11784 one thousand eight hundred and thirty-seven; and thence, along 11785 said line, to the place of beginning. And the said Indians do 11786 further fully and entirely relinquish and convey to the United 11787 States any and all right, title, and interest, of whatsoever nature 11788 the same may be, which they may now have in and to any other 11789 lands in the Territory of Minnesota or elsewhere. 11790 Article 2. There shall be, and hereby is, reserved and set 11791 apart, a sufficient quantity of land for the permanent homes of 11792 the said Indians ; the lands so reserved and set apart to be in 11793 separate tracts, as follows, viz : 11794 For 4he Mississippi bands of Chippewa Indians : The first 11795 to embrace the following fractional townships, viz : forty-two 11796 north, of range twenty-five west; forty-two north, of range twen- 11797 ty-six west ; and forty-two and forty-three north, of range twen- 11798 ty-seven west ; and, also, the three islands in the southern part 11799 of Mille Lac. Second, beginning at a point half a mile east of 11800 EabbitLake; thence south three miles ; tjience westwardly, in 11801 a straight line, to a point three miles south of the mouth of Eab- 11802 bit Eiver ; thence north to the mouth of said river ; thence up 11803 the Mississippi Eiver to a point directly north of the place of 11804 beginning ; thence south to the place of beginning. Third, be- 11805 ginning at a point half a mile southwest from the most south- 11806 westwardly point of Gull Lake ; thence due south to Crow Wing 11807 Eiver ; thence down said river, to the Mississippi Eiver ; thence 11808 up said river to Long Lake Portage ; thence, in a straight line, 11809 to the head of Gull Lake; thence in a southwestwardly direc- 11810 tion, as nearly in a direct line as practicable, but at no point 11811 thereof at a less distance than half a mile from said lake, to the 11812 place of beginning. Fourth, the boundaries to be, as nearly as 11813 practicable, at right angles, and so as to embrace within them 11814 Pokagomon Lake ; but nowhere to approach nearer said lake 11815 than half a mile therefrom. Fifth, beginning at the mouth ( f 11816 Sandy Lake Eiver; thence south, to a point on an east and 11817 west line, two miles south of the most southern point of Sandy 11818 Lake ; thence east, to a point due south from the mouth of West 11819 Savannah Eiver ; thence north, to the mouth of said river ; 11820 thence north to a point on an east and west line, one mile north 11821 of the most northern point of Sandy Lake ; thence west, to Lit- 11822 tie Eice Eiver ; thence down said river to Sandy Lake Eiver ; 11823 and thence down said river to the place of beginning.' Sixth, 11824 to include all the islands in Eice Lake, and also half a section 34 IT 266 11825 of land oa said lake, to include the present gardens of the In- 11826 dians. Seventh, one section of land for Pug-o-na-ke-shick, or 11827 Hole-inthe-day, to include his house and farm ; and for which 11828 he shall receive a patent in fee-simple. 11829 For the Pillager and Lake Winnibigoshish bands, to be in 11830 three tracts, to be located and bounded as fol lows, viz : First, 11831 beginning at the mouth of Little BoyEiver; thence up said 11832 river to Lake Hassler; thence through the center of said lake 11833 to its western extremity; thence in a direct line to the most 11834 southern point of Leech Lake; and -thence through said lake, so 11835 as to include all the islands therein, to the place of beginning. 11836 Second, beginning at the point where the Mississippi Eiver 11837 leaves Lake Winnibigoshish; thence north, to the head of the 11838 first river ; thence west, by the head of the next river, to the 11839 head of the third river, emptying into said lake; thence down 1 1840 the latter to said lake ; and thence in a direct line to the place of 11841 beginning. Third, beginning at the mouth of Turtle Eiver; 11842 thence up said river to the first lake ; thence east, four miles ; 11843 thence southwardly, in a line parallel with Turtle Eiver, to 11844 Cass Lake; and thence, so as to include all the islands in said 11845 lake, to the place of begininng; all of which said tracts shall 11846 be distinctly designated on the plats of the public surveys. 11817 And at such time or times as the President may deem it 11848 advisable for the interests and welfare of said Indians, or 11849 any of them, he shall cause the said reservation, or such por- 11850 tion or portions thereof as may be necessary, to be surveyed ; 11851 and assign to each head of a family, or single person over 11852 twenty-one years of age, a reasonable quantity of land, in one 11853 body, not to exceed eighty acres, in any case, for his or their 11854 separate use ; and he may, at his discretion, as the occupants 11855 thereof become capable of managing their business and affairs, 11856 issue patents to them for the tracts so assigned to them, respect- 11857 ively ; said tracts to be exempt from taxation, levy, sale, or for- 11858 feiture ; and not to be aliened or leased for a longer period than 11859 two years, at one time, until otherwise provided by the legisla- 11860 ture of the State in which they may be situate, with the assent 11861 of Congress. They shall not be sold, or alienated, in fee, 11862 for a period of five years after the date of the patents ; and not 11863 then without the assent of the President of the United States 11864 being first obtained. Prior to the issue of the patents, the 11865 President shall make such rules and regulations as he may 11866 deem necessary and expedient respecting the disposition of any 11867 of said tracts in case of the death of the person or persons to 11868 whom they may be assigned, so that the same shall be secured 11869 to the families of such deceased persons ; and should any of 11870 the Indians to whom tracts may be assigned thereafter abandon 267 11871 them, the President may make such rules and regulations, in 11872 relation to such abandoned tracts, as in his judgment may be 11873 necessary and proper. 11874 Article 3. In consideration of, and in full compensation 11875 for, the cessions made by the said Mississippi, Pillager, and Lake 11876 Winnibigoshish bands of Chippewa Indians, in the first article 11877 of this agreement, the United States hereby agree and stipulate 11878 to pay, expend, and make provision for, the said bands of Indi- 11879 ans, as follows, viz : For the Mississippi bands : 11880 Ten thousand dollars ($10,000) in goods, and other useful 11881 articles, as soon as practicable after the ratification of this in- 11882 strument, and after an appropriation shall be made by Congress 11883 therefor, to bs turned over to the deleg;ites and chiefs for dis- 11884 tribution among their, people. 11885 Fifty thousand dollars ($50,000) to enable them to adjust 11886 and settle their present engagements, so far as the same, on an 11887 examination thereof, may be found and decided to be valid and 11888 just by the chiefs, subject to the approval of the Secretary 11889 of the Interior; and any balance remaining of said sum-not re- 11890 quired for the above-mentioned purpose shall be paid over to 11891 said Indians in the same manner as tlieir annuity money, and in 11892 such instalments as the said Secretary may determine : Provided, 11893 That an amount not exceeding ten thousand dollars ($10,000) of 11894 the above sum shall be paid to such full and mixed bloods as 11895 the chiefs may direct, for services rendered heretofore to their 11896 bands. 11897 Twenty thousand dollars ($20,000) per annum, in money, for 11898 twenty years, provided that two thousand dollars ($2,000) per 11899 annum of that snm shall be paid or expended, as the chiefs 11900 may request, for purposes of utility connected with the improve- 11901 ment and welfare of said Indians, subject to the approval of the 11902 Secretary of the Interior. 11903 Five thousand dollars ($5,000) for the construction of a 11904 road from the mouth of Eum Elver to Mille Lac, to be expended 11905 under the direction of the Commissioner of Indian Affairs. 11906 A reasonable quantity of land, to be determined by the 11907^ Commissioner of Indian Affairs, to be ploughed and prepared for 11908 cultivation in suitable fields, at each of the reservations of the 11909 said bands, not exceeding in the aggregate three hundred acres 11910 for all the reservations, the Indians to make the rails and inclose 11911 the fields themselves. 11912 For the Pillager and Lake Winnibigoshish bands : 11913 Ten thousand dollars ($10,000) in goods, and other useful 11914 articles, as soon as practicable, after the ratification of this 11915 agreement, and an appropriation shall be made by Congress 268 11916 therefor ; to be turned over to the chiefs and delegates for distri- 11917 bution among their people. 11918 Forty thousand dollars($40,000) to enable them to adjust and 11919 settle their present engagements, so far as the same, on an ex- 11920 amiuation thereof, may be found and decided to be valid and 11921 just by the chiefs, subject to the approval of the Secretary of 11922 the Interior; and any balance remaining of said sum, not re- 11923 quired for that purpose, shall be paid over to said Indians, in 11924 the same manner as their annuity money, and in such instal- 11925 ments as the said Secretary may determine ; provided that an 11926 amount, not exceeding ten thousand dollars ($10,000) of the 11927 above sum, shall be paid to such mixed-bloods as the chiefs may 11928 direct, for services heretofore rendered to their bands. 11929 Ten thousand six hundred and sixty-six dollars and sixty- 11930 six cents ($10,666.66) per annum, in money, for thirty years. 11931 Eight thousand dollars ($8,000) per annum, for thirty years, 11932 in such goods as may be requested by the chiefs, and as may be 11933 suitable for the Indians, according to their condition and cir- 11934 cumstances. 11935 Four thousand dollars ($4,000) per annum, for thirty years, 11936 to be paid or expended, as the chiefs may request, for purposes 11937 of utility connected with the improvement and welfare of said 11938 Indians ; subject to the approval of the Secretary of the In- 11939 terior : Provided, That an amount not exceeding two thousand 11940 dollars thereof shall, for a limited number of years, be expended 11941 under the direction of the Commissioner of Indian Affairs, for 11942 provisions, seeds, and such other articles' or things as may be 11943 useful in agricultural pursuits. 11914 Such sum as can be usefully and beneficially applied by the 11945 United States, annually, for twenty years, and not to exceed 11946 three thousand dollars in any one year, for purposes of educa- 11947 tion ; to be expended under the direction of the Secretary of the 11948 Interior.'* 11949 Three hundred dollars' ($300) worth of powder, per annura, 11950 for five years. 11951 One hundred dollars' ($100) worth shot and lead, per an- 11952 num, for five years. 11953 One hundred dollars' ($100) worth of gilling twine, per an- 11954 num, for five years. 11955 One hundred dollars' ($100) worth of tobacco, per annum, 11956 for five years. 11957 Hire of three laborers at Leech Lake, of two at Lake Win- 11958 nibigoshish, and of one at Cass Lake, for five years. 11959 Expense of two blacksmiths, with the necessary shop, irOn, 11960 steel, and tools, for fifteen years. 269 11961 Two hundred dollars ($200) in grubbiug-hoes and tools, the 11962 present year, 11963 Fifteen thousand dollars ($15,000) for opening a road from 11964 Crow Wing to Leech Lake; to be expended under the direction 11965 of the Commissioner of Indian Affairs. 11966 To have ploughed and prepared for cultivation two huu- 11967 dred acres of land, iu ten or more lots, within the reservation at 11968 Leech Lake ; fifty acres, in four or more lots, within the reserva- 11969 tion at Lake Winnibigoshish J and t wen ty-flve acres, in two or 11970 more lots, within the reservation at Cass Lake : Provided^ That 11971 the Indians shall make the rails and inclose the lots them- 11972 selves. 11973 A sawmill, with a portable grist-mill attached thereto, to 11974 be established whenever the same shall be deemed necessary and 11975 advisable by the Commissioner of Indian Affairs, at such point 11976 as he shall think best; and which, together with the expense of 11977 a proper person to take charge of and operate them, shall be 11978 continued during ten years : Provided, That the cost of all the 11979 requisite repairs of the said mills shall be paid by the Indians, 11980 out of their own funds. 11981 Article 4. The Mississippi bands have expressed a desire 11982 to be permitted to employ their own farmers, mechanics, and 11983 teachers ; and it is tlierefore agreed that the amounts to which 11984 they are now entitled, under former treaties, for purposes of 11985 education, for blacksmiths and assistants, shops, tools, iron, and 11986 steel, and for the employment of farmers and carpenters, shall 11987 be paid over to them as their annuities are paid : Provided, 11988 hoicever. That whenever, in the opinion of the Commissioner 11989 of Indian Affairs, they fail to make proper provision for the 11990 above-named purposes, he may retain said amounts, and appro- 11991 priate them according to his discretion, for their education and 11992 improvement. 11993 Article 6. The foregoing annuities, in money and goods, 11994 shall be paid and distributed as follows : Those due the Missis- 11995 sippi bands, at one of their reservations ; and those due the Pilla ■ 11996 ger and Lake Winnibigoshish bands, at Leech Lake; and no 11997 part of the said annuities shall ever be taken or applied in any 11998 manner to or for the payment of the debts or obligations of In- 11999 dians contracted in their private dealings, as individuals, whether 12000 to traders or other persons. And should any of said Indians 12001 become intemperate or abandoned and waste their property, the 12002 President may withhold any moneys or goods, due and payable 12003 to such, and cause the same to be expended, applied, or distri- 12004 bated, so as to insure the benefit thereof to their families. If, 12005 at any time, before the said annuities in money and goods of 12006 either of the Indian parties to this convention shall expire, the 270 12007 interests and welfare of said Indians shall, in the opinion of the 12008 President, require a different arrangement, he shall have the 12009 power to cause the said annuities, instead of being paid over and 12010 distributed to the Indians, to be expended or applied to such 12011 purposes or object as may be best calculated to promote their 12012 improvement and civilization. 12013 Article 6. The missionaries and such other persons as are 12014 now, by authority of law, residing in the country ceded by the 12015 first article of this agreement, shall each have the privilege of 12016. entering one hundred and sixty acres of the said ceded lands, 12017 at one dollar and twenty-five cents per acre ; said entries not to 12018 be made so as to interfere, in any manner, with the laying off 12019 of the several reservations herein provided for, 12020 And such of the mixed bloods as are heads of families, and 12021 now have actual residences and improvements in the ceded coun- 12022 try, shall have granted to them, in fee, eighty acres of land, to 12023 include their respective improvements. 12024 Article 7. The laws which have been or may be enacted 12025 by Congress, regulating trade and intercourse with the Indian 12026 tribes, to continue and be in force within the several reserva- 12027 tions provided for herein ; and those portions of said laws which 12028 prohibit the introduction, manufacture, use of, and traffic in, 12029 ardent spirits, wines, or other liquors, in the Indian country, 12030 shall continue and be in force, within the entire boundaries of 12031 the country herein ceded to the United States, until otherwise 12032 provided by Congress. 12033 ARTICLE 8. All roads and highways, authorized by law, 12034 the lines of which shall be laid through any of the reservations 12035 provided for in this convention, shall have the right of way 12036 through the same ; the fair and just value of such right being 12037 paid to the Indians therefor, to be assessed and determined ac- 12038 cording to the laws in force for the appropriation of lands for 12039 such purposes. 12040 Article 9. The said bands of Indians, jointly and sever- 12041 ally, obligate and bind themselves not to commit any depreda- 12042 tions or wrong upon other Indians, or upon citizens of the United 12043 States ; to conduct themselves at all times in a peaceable and 12044 orderly manner; to submit all difficulties between them and 12045 other Indians to the President, and to abide by his decision in 12046 regard to the same, and to respect and observe the laws of the 12047 United States, so far as the same are to them applicable. And 12048 they also stipulate that they will settle down in the peaceful 12049 pursuits of life, commence the cultivation of the soil, and appro- 12050 priate their means to the erection of houses, opening farms, the 12051 education of their children, and such other objects of Improve- 12052 ment and convenience as are incident to well-regulated society ; 271 12053 and that they will abstain from the use of intoxicating drinks 12054 and other vices to which they have been addicted. 12055 Article 10. This instrument shall be obligatory on the 12056 contracting parties as soon as the same shall be ratified by the 12057 President and the Senate of the United States. 12058 Proclaimed 7th April, 1855. 12059 CHIPPEWAS OP THE MISSISSIPPI. 12060 Treaty between the United States of America and the Chippewa 12061 Indians of the Mississippi, concluded March 19, 1867; ratifi- 12062 cation advised, with amendment, April 8, 1867 ; amendment 12063 accepted April 8, 1867. 12064 Andrew Johnson, President of the United States of America, 12065 to all and singular to whom these presents shall come, 12066 greeting : 12067 Whereas a treaty was made and concluded at the city of 12068 Washington, in the District of Columbia, on the nineteenth day 12069 of March, in the year of our Lord one thousand eight hundred 12070 and sixty-seven, by and between Lewis V. Bogy, William H. 12071 Watson, and Joel B. Bassett, commissioners on the part of the 12072 United States, and Que-wezance, or Hole-in- the-Day, Qui-we- 12073 shen-shish, and other chiefs and head-men of the Chippewa In- 12074 dians of the Mississippi, on the part of said Indians, and duly 12075 authorized thereto by them, which treaty is in the words and 12076 figures following, to wit : 12077 Articles of agreement made and concluded at Washington, D. 12078 C, this 19th day of March, A. D. 1867, between the United 12079 States, represented by Lewis V. Bogy, special commissioner 12080 thereto appointed, William H. Watson, and Joel B. Bassett, 12081 United States agent, and the Chippewas of the Mississippi, 12082 represented by Que-we zance, or Hole-in-the-Day, Qui-we- 12083 shen-shish, Wau-bon-a-quot, Min-e-do-wob, Mijaw-ke-be- 12084 shik, Shob-osk-kunk, Ka-gway-dosh, Me-no-ke-shick, Way- 12885 namee, and O-gub-ay-gwan-ay-aush. 12086 Whereas by a certain treaty ratified Mar'ch 20, 1865, between 12087 the parties aforesaid, a certain tract of land was, by the second 12088 article thereof, reserved and set apart for a home for the said 12089 bands of Indians, and by other articles thereof provisions were 12090 made for certain moneys to be expended for agricultural im- 12091 provements for the benefit of said bands ; and whereas it has 12092 been found that the said reservation is not adapted for agricul- 12093 tural purposes for the use of such of the Indians as desire to devote 272 12094 themselves to such pursuits, while a portion of the bands de- 12095 sire to remain and occupy a part of the aforementioned reserva- 12096 tion, and to sell the remainder thereof to the United States : 12097 Now, therefore, it is agreed — 1209S Article 1, The Ohippewas of the Mississippi hereby cede 12099 , to the United States all their lands in the State of Minnesota, se- 12100 cured to them by the second article of their treaty of March 20, 12101 1865, excepting and reserving therefrom the tract bounded and 12102 described as follows, to wit : Commencing at a point on the Mis- 12103 sissippi Eiver, opposite the mouth of Wanoman Eiver, as laid 12104 down on Sewall's map of Minnesota ; thence due north to a point 12105 two miles further north than the most northerly point of Lake 12106 Winnebagoshish ; thence due west to a point two miles west of 12107 the most westerly point of Cass Lake ; thence south to Kabekona 12108 Biver ; thence down said river to Leech Lake ; thence along the 12109 north shore of Leech Lake to its outlet in Leech Lake Eiver; 12110 thencedown the main channel of said river to its junction with the 12111 Mississippi Eiver, and thence down the Mississippi to the place 12112 of beginning. 12113 And there is further reserved for the said Chippewas out of 12114 the land now owned by them such portion of their western outlet 12115 as may upon location and survey be found within the reservation 12116 provided for in the next succeeding section. 12117 Akticle 2. In order to provide a suitable farming region 12118 for the said bands, there is hereby set apart for their use a tract 12119 of land, to be located in a square form as nearly as possible, with 12120 lines corresponding to the Government surveys ; which reserva- 12121 tion shall include White Earth Lake and Eice Lake, and contain 12122 thirty-six townships of land ; and such portions of the tract 12123 herein provided for as shall be found upon actual survey to lie 12124 outside of the reservation set apart for the Ohippewas of the 12125 Mississippi by the second article of the treaty of March 20, 1865, 12126 shall be received by them in part consideration for the cession 12127 of lands made by this agreement. 12128 Akticle 3. In further consideration for the lands herein 12129 ceded, estimated to contain about two million of acres, the 12130 United States agree to pay the following sums, to wit : Five 12131 thousand dollars for the erection of school buildings upon the 12132 reservation provided for in the second article ; four thousand 12133 dollars each year for ten years, and as long as the President 12134 may deem necessary after the ratification of this treaty, for the 12135 support of a school or schools upon said reservation ; ten thou- 12136 sand dollars for the erection of a saw-mill, with grist-mill at- 12137 tached, on said reservation ; five thousand dollars to be expended 12138 in assisting in the erection of houses for such of the Indians as 12139 shall remove to said reservation. 273 12140 Five thousand dollars to be expended, with the advice of 12141 the chiefs, iu the purchase of cattle, horses, and farming uten- 12142 sils, and ia making such improvemen ts as are necessary for open- 12143 ing farms upon said reservation. 12144 Six thousand dollars each year for ten years, and as long 12145 thereafter as the President may deem proper, to be expended in 12146 promoting the progress of the people iu agriculture, and assist- 12147 ing them to become self-sustaining by giving aid to those who 12148 will labor. 12149 Twelve hundred dollars each year for ten years for the sup- 12150 port of a physician, and three hnndred each year for ten years 12151 for necessary medicines. 12152 "Ten thousand dollars to pay for provisions, clothing, or such 12153 other articles as the President may determine, to be paid to 12154 them immediately on their removal to their new reservation. 12155 Article 4. No part of the annuities provided for in this or 12156 any former treaty with the Ohippewas of the Mississippi bands 12157 shall be paid to any half-breed, or mixed-blood, except those 12158 who actually live with their people, iipon one of the reserva- 12159 tions belonging to the Chippewa Indians. 12160 Article 5. It is further agreed that the annuity of $1,000 12161 a year which shall hereafter become due under the provisions of 12162 the third article of the treaty with the Ohippewas of the Mis- 12163 sissippi bands, of August 2, 1847,. shall be paid to the chief, 121i34 Hole-in- the-Day, and to his heirs ; and there shall be set apart, 12165 by selections to be made in their behalf and reported to the In- 12166 terior Department by the agent, one half section of land each, 12167 upon the Gulf liake reservation, for Min-a-ge shig and Truman 12168 A. Warren, who shall be entitled to patents for the same upon 121G9 such selections being reported to the Department, 12170 Article 6. Upon the ratification of this treaty, the Secre- 12171 tary of the Interior shall designate one or more persons who 12172 shall, in connection with the agent for the Ohippewas in Minne- 12173 sota, and such of their chiefs, parties to this agreement, as he 12174 may deem sufficient, proceed to locate, as near as may be, the 12175 reservation set apart by the second article hereof, and designate 12176 the places where improvements shall be made ; and such portion 12177 of the improvements provided for in the fourth article of the 12178 Ohippewa treaty of May 7, 1864, as the agent may deem neces- 12179 sary and proper, with the approval of the Commissioner of In- 12180 diaa Affairs, may be made upon the new reservation, and the 12181 United States will pay the expenses of negotiating this treaty, 12182 not to exceed ten thousand dollars. 12183 Article 7. As soon as the location of the reservation set 12184 apart by the second article hereof shall have been approxi- 12185 mately ascertained, and reported to the office of Indian Affairs, 35 IT 274 12186 the Secretary of the luterior shall cause the same to be sur-. 12187 veyed in conformity to the system of Government surveys^ and. 12188 whenever, after such survey, any Indian, of the bands parties 12189 hereto, either male or female, shall have ten acres of laud under 12190 cultivation, such Indian shall be entitled to receive a certificate, 12191 showing him to be entitled to the forty acres of land, according 12192 to legal subdivision, containing the said ten acres or the greater 12193 part thereof, and whenever such Indian shall have an additional 12194 ten acres under cultivation, he or she shall be entitled to a cer- 12195 tiflcSte for additional forty acres, and so on, until the full 12196 amount of one hundred and sixty acres may have been certified 12197 to any one Indian ; and the land so held by any Indian shall be 12198 exempt from taxation and sale for debt, and shall not be alien- 12199 ated except with the approval of the Secretary of the Interior, 12200 and in no case to any person not a member of the Chippewa 12201 tribe. 12202 Article 8. For the purpose of protecting and encourag- 12203 ing the Indians, parties to this treaty, in their efiEbrts to become 12204 self-sustaining by means of agriculture, and the adoption of the 12205 habits of civilized life, it is hereby agreed that, in case of the 12206 commission by any of the said Indians of crimes against life or 12207 property, the person charged with such crimes maybe arrested, 12208 upon the demand of the agent, by the sheriff of the county of 12209 Minnesota in which said reservation may be located, and when 12210 so arrested maybe tried, and if convicted, punished in the same 12211 manner as if he were not a member of an Indian tribe. 12212 ProclaimedAprillS, 1867. 12213 CHOOTAWS AND CfllCKASAWS. 12214 Franklin Pieikse, President of the United States of America, 12215 to all and singular to whom these presents shall come, 12216 greeting: 12217 Whereas a treaty was made and concluded at the city of 12218 Washington on the twenty-second day of June, one thousand 12219 eight hundred and fifty-five, by George W. Manypenny, com- 12220 missioner on the part of the United States, Peter P. Pitchlynn, 12221 Israel Folsom, Samuel Garland, and Dixon W. Lewis, commis- 12222 sioners on the part of the Ghoctaws, and Edmund Pickens and 12223 Sampson Folsom, commissioners on the part of the Chickasaws, 12224 which treaty is in the words following, to wit : 12225 Articles of agreement and convention between the United 12226 States and the Choctaw and Chickasaw tribes of Indians, 12227 made and concluded at the city of Washington the twenty. 12228 second day of June, A. D. one thousand eight hundred and 275 12229 flfty-flve, by George W. Manypenny, commissioner on the 12230 part of the United States, Peter P. Pitchlynn, Israel Fol- 12231 som, Samuel Garland, and Dixon W. Lewis, commissioners 12232 on the part of the Choctaws, and Edmund Pickens and 12233 Sampson Folsom, commissioners on the part of the Ohicka- 12234 saws : 12235 Whereas the political connexion heretofore existing be- 12236 tween the Choctaw and the Chickasaw tribes of Indians has 12237 given rise to unhappy and injurious dissensions and controver- 1^238 sies among them, which render necessary a re-adjustment of 12239 their relations to each other and to the United States; and . 12240 "Whereas the United States desire that the Choctaw Indians 12241 shall relinquish all claim to any territory west of the one hun- 12242 dredth degree of west longitude, and also to make provision for 12243 the permanent settlement within the Choctaw country of the 12244 Wichita and certain other tribes or bands of Indians, for which 12245 purpose the Choctaws and Chickasaws are willing to lease, on 12246 reasonable terms, to the United States, that portion of their 12247 common territory which is west of the ninety-eighth degree of 12248 west longitude ; and 12249 Whereas the Choctaws contend that, by a just and fair 12250 construction of the treaty of September 27, 1830, they are, 12251 of right, entitled to the net proceeds of the lands ceded by 12252 them to the United States, under said treaty, and have pro- 12253 posed that the question of their right to the same, together 12254 with the whole subject-matter of their unsettled claims, whether 12255 national or individual, against the United States, arising under 12256 the various provisions of said treaty, shall be referred to the 12257 Senate of the United States for final adjudication and adjust- 12258 ment; and whereas it is necessary for the simplification and 12259 better understanding of the relations between the United States 12260 and the Choctaw Indians, that all their subsisting treaty stipu- 12261 lations be embodied in one comprehensive instrument : 12262 Now, therefore, the United States of America, by their 12263 commissioner, George W. Manypenny, the Choctaws, by their 12264 commissioners, Peter P. Pitchlynn, Israel Folsom, Samuel Gar- 12265 land, and Dickson W. Lewis, and the Chickasaws, by their com 12266 missioners, Edmund Pickens and Sampson Folsom, do hereby 12267 agree and stipulate as follows, viz : 12268 Aktiole 1. The following shall constitute and remain the 12269 boundaries of the Choctaw and Chickasaw country, viz : Begin- 12270 ningat a point on the Arkansas Eiver, one hundred paces east 12271 of old Fort Smith, where the western boundary-line of the State 12272 of Arkansas crosses the said river, and running thence due 12273 south to Eed Eiver ; thence up Eed Eiver to the point where the ,\ 12274 meridian of one hundred degrees west longitude crosses the 276 12275 same; thence uorth along -said meridian to the main Canadian 12276 Eiver ; thence down said river to its junction with the Arkansas 12277 Elver ; thence down said river to the place of beginning. 12278 And pursuant to an act of Congress approved May 28, 1830, 12279 the United States do hereby forever secure>nd guarantee the 12280 lands embraced within the said limits to the members of the 12281 Choctaw and Chickasaw tribes, their heirs and successors, to be 12282 held in common ; so that each and every member of either tribe 12283 shall have an equal, undivided interest In the whole : Provided, 12284 hoivever, No part thereof shall ever be sold without the consent 12285 of both tribes, and that said land shall revert to the United 12286 States If said Indians and their heirs become extinct or aban-^ 12287 don the same. 12288 Article 2. A district for the Chickasaws is hereby estab- 12289 lished, bounded as follows, to wit : Beginning on the north bank 12290 of Eed Eiver, at the mouth of Island Bayou, where It empties 12291 into Bed Elver, about twenty-six miles In a straight line below 12292 the mouth of False Wachltta ; thence running a northwesterly 12293 course, along the main channel of said bayou, to the junction of 12294 the three prongs of said bayou, nearest the dividing ridge be- 12295 tween Wachitta and Low Blue Elvers, as laid down on Capt. 12296 E. L. Hunter's map ; thence northerly along the eastern prong 12297 of Island Bayou to Its source ; thence due north to the Canadian 12298 Eiver ; thence west along the main Canadian to the ninety-eighth 12299 degree of west longitude; thence south to Eed Eiver; and 12300 thence down Eed Eiver to the beginning : Provided, however, 12301 If the line running due north from the eastern source of Island 12302 Bayou to the main Canadian shall not Include Allen's or Wa- 12303 pa-nacka Academy within the Chickasaw District, then an oft'- 12304 set shall be made from said line, so as to leave said academy 12305 two miles within the Chickasaw district, north, west, and south 12306 from the lines of boundary. 12307 Article 3. Theremainderofthecoantryheldin common by 12308 the Choctaws and Chickasaws shall constitute the Choctaw dis- 12309 trict, and their officers and people shall at all times have the 12310 right of safe conduct and free passage through the Chickasaw 12311 district. 12312 Article 4. The government and laws now in operation and 12313 not incompatible with this instrument shall be and remain In 12314 full force and effect within the limits of the Chickasaw district, 12315 - until the Chickasaws shall adopt a constitution, and enact laws, 12316 superseding, abrogating, or changing the same. Andalljudi- 12317 cial proceedings within said district, commenced prior to the 12318 adoption of a constitution and laws by thte Chickasaws, shall be 12319 conducted and determined according to existing laws. 12320 Article 5. The members of either the Choctaw or the 27? 12321 Chickasaw tribe sliall have the right, freely, to settle within the 123^2 jurisdiction of the other, and shall thereupon be entitled to all 12323 the rights, privileges, and immunities of citizens thereof ; but 12324 no member or either tribe shall be entitled to participate in 12325 the funds belonging to the other tribe. Citizens of both tribes 12326 shall have the right to institute and prosecute suits in the courts 12327 of either, under such regulations as may, from time to time, be 12328 prescribed by their respective legislatures. 12329 Article 6. Any person duly charged with a criminal offence 12330 against the laws of either the Choctaw or the Chickasaw tribe, 12331 and escaping into the jurisdiction of the other, shall be promptly 12332 surrendered, upon the demand of the proper authorities of the 12333 tribe within whose jurisdiction the offence shall be alleged to 12334 have been committed. 12335 Aeticlb 7. So far as may be compatible with the Constitu- 12336 tion of the United States and the laws made in pursuance there- 12337 of, regulating trade and intercourse with the Indian tribes, the 12338 Choctaws and Chickasaws shall be secured in the unrestricted 12339 right of self-government, and full jurisdiction over persons and 12340 property within their respective limits; excepting, however, all 12341 persons, with their property, who are not by birth, adoption, or 12342 otherwise citizens or members of either the Choctaw or Chicka- 12343 saw tribe ; and all persons, not being citizens or members of 12344 either tribe, found within their limits, shall be considered in- 12345 traders, and be removed from and kept out of the same by the 12346 United States agent, assisted if necessary by the military, with 12347 the following exceptions, viz: Such individuals as are now, or 12348 may be in the employment of the Covernment, and their fami- 12349 lies ; those peacefully travelling, or temporarily sojourning in 12350 the country or trading therein, under license from the proper 12351 authority of the United States, and such as may be permitted 12352 by the Choctaws or Chickasaws, with the assent of the United 12353 States agent, to reside within their limits, without becoming 12354 citizens or members of either of said tribes. 12355 Article 8. In consideration of the foregoing stipulations, 12356 and immediately upon the ratification of this convention, there 12357 shall be paid to the Choctaws, in such manner as their national 12358 council shall direct, out of the national fund of the Chickasaws 12359 held in trust by the United States, the sum of one hundred and 12360 fifty thousand. dollars. 12361 Article 9. The Choctaw Indians" do hereby absolutely and 12362 forever quit-claim and relinquish to the United States all their 12363 right, title, and interest in and to any and all lands west of the 12364 one hundredth degree of west longitude ; and the Choctaws and 12365 Chickasaws do hereby lease to the United States all that por- 12366 tion of their common territory west of the ninety -eighth degree 2t8 12367 of west longitude, for the permanent settlement of the Wichita 12368 and such other tribes or bands of Indians as the Government 12369 may desire to locate therein ; excluding, however, all the In- 12370 dians of 'Sew Mexico, and also those whose usual ranges at 12371 present are north of the Arkansas Eiyer, and whose permanent 12372 locations are north of the Canadian Kiver, but including those 12373 bands whose permanent ranges are south of the Canadian, or 12374 between it and the Arkansas ; which Indians shall be subject to 12375 the exclusive control of the United States, under such rules and 12376 regulations, not inconsistent with the rights and interests of 12377 the Choctaws and Chickasaws, as may from time to time be 12378 prescribed by the President for their government: Provided, 12379 however, The territory so leased shall remain open to settlement 12380 by Choctaws and Chickasaws as heretofore. 12381 Abticle 10.. In consideration of the foregoing relinquish- 12382 ment and lease, and as soon as practicable after the ratification 12383 of this convention, the United States will pay to the'Choctaws 12384 the sum of six hundred thousand dollars, and to the Chicka- 12385 saws the sum of two hundred thousand dollars, in such manner 12386 as their general councils shall respectively direct. 12387 Abticle 11. The Government of the United States not 12388 being prepared to assent to the claim set up under the treaty of 12389 September the twenty-seventh, eighteen hundred and thirty, 12390 and so earnestly contended for by the Choctaws as a rule of 12391 settlement, but justly appreciating the sacrifl.ces, faithful ser- 12392 vices, and general good conduct of the Choctaw people, and 12393 being desirous that their rights and claims against the United 12394 States shall receive a just, fair, and liberal consideration, it is 12395 therefore stipulated that the following questions be submitted 12396 for adjudication to the Senate of the United States : 12397 First. Whether the Choctaws are entitled to, or shall be 12398 allowed, the proceeds of the sale of the lands ceded by them to 12399 the United States by the treaty of September the twenty-sev- 12400 enth, eighteen hundred and thirty, deducting therefrom the cost 12401 of their survey and sale, and all just and proper expenditures 12402 and payments under the provisions of said treaty; and if so, 12403 what price per acre shall be allowed to the Choctaws for the 12404 lauds remaining unsold, in order that a final settlement with 12405 them may be promptly effected. Or, 12406 Second. Whether the Choctaws shall be allowed a gross 12407 sum in further and full satisfaction of all their claims, national 12408 and individual, against the United States ; and, if so, how much. 12409 Article 12. In case the Senate shall award to the Choc- 12410 taws the net proceeds of the lands, ceded as aforesaid, the same 12411 shall be received by them in full satisfaction of all their claims 12412 against the United States, whether national or individual, aris- 279 1?413 ing under any former treaty; and the Choctaws sliall there- 12414 upon become liable and bound to pay all sucli individual claims 12415 as may be adjudged by the proper authorities of the tribe to be 12416 equitable and just, the settlement and payment to be made 12417 with the advice and under the direction of the United States 12418 agent for the tribe ; and so much of the fund, awarded by the 12419 Senate to the Choctaws, as the proper authorities thereof shall 12420 ascertain and determine to be necessary for the payment of the 12421 just liabilities of the tribe, shall, on their requisition, be paid 12422 over to them by the United States. But should the Senate 12423 allow a gross sum, in further and full satisfaction of all their 12424 claims, whether national or individual, against the United 12425 States, the same shall be accepted by the Choctaws, and they 12426 shall thereupon become liable for, and bound to pay, all the iu- 12427 dividual claims as aforesaid ; it being expressly understood that 12428 the adjudication and decision of the Senate shall be final. 12429 Article 13, The amounts secured by existing treaty stipu- 12430 lations — viz: permanent annuity of three thousand dollars, un- 12431 der the second article of the treaty of eighteen hundred and 12432 five; six hundred dollars per annum for the support of liglit- 12433 horse men under the thirteenth article of the treaty of eighteen 12434 hundred and twenty ; permanent annuity of six thousand dol- 12435 lars for education, under the second article of the treaty of 12436 eighteen hundred and twenty-five; six hundred dollars per 12437 annum permanent provision for the support of a blacksmith, 12438 under the sixth article of the treaty of eighteen hundred and 12439 twenty; and three hundred and twenty dollars permanent pro- 12440 vision for iron and steel, under the ninth article of the treaty of 12441 eighteen hundred and twenty-five — shall continue to be paid to, 12442 or expended for the benefit of, the Choctaws as heretofore ; or 12443 the same may be applied to such objects of general utility as 12444 may, from time to time, be designated by the general council of 1 2445 the tribe, with the approbation of the Government of the United 12446 States. And the funds now held in trust by the United States 12447 for the benefit of the Choctaws under former treaties, or other- 12448 wise, shall continue to be so held ; together with the sum of 12449 five hundred thousand dollars out of the amount payable to 12450 them under articles eighth and tenth of this agreement, and 12451 also whatever balance shall remain, if any, of the amount that 12452 shall be allowed the Choctaws, by the Senate, under the twelfth 12453 article hereof, after satisfying the just liabilities of the tribe. 12454 The sums so to be held in trust shall constitute a general Choc- 12455 taw fund, yielding an annual interest of not less than five per 12456 centum ; no part of which shall be paid out as annuity, but 12457 shall be regularly and judiciously applied, under the direction 12458 of the general council of the Choctaws, to the support of their 12459 government, for purposes of education, and such other objects 280 12460 as may be best calculated to promote and advdiiee tte improve- 12461 ment, welfare, and happiness of tbe Gho&taw people and their- 12462 descendants. 12463 Article 14. The United States shall protect the Choctaw^ 12464 and Chickasaws from domestic strife, from hostile invasion; and 12465 from aggression by other Indians and white persons not subject 12466 to their jurisdiction and laws ; and for all iiljuries resultingfrom 12467 such invasion or aggression, full indemnity is hereby guaranteed 12468 to the party or parties injured, out of lihe Treasury of the United 12469 States, upon the same principle a'nd according to the same rules 12470 upon which white persons are entitled to indemnity for injuries 12471 or aggressions upon them, committed by Indians. 12472 Aeticle 15. The Ohoctaws and Chickasaws shall promptly 124Z3 apprehend and deliver up all persons accused of any erime or 12474 offence against the laws of the United States, or of any State 12475 thereof, who may be found within their limits, on demand of auy 12476 proper officer of a State, or of the United States. 12477 Article 16. All persons licensed by the United States to trade 12478 with the Ohoctaws or Ohichasaws shall be required to pay to the 12479 respective tribes a moderate annual compensation for the land 12480 and timber used by them j the amount of such compensation, in 12481 each case, to be assessed by the proper authorities of said tribe, 12482 subject to the approval of the United States agent. 12483 Article 17. The United States shall have the right to es- 12484 tablish and maintain such military posts, post-roads, and Indian 12485 agencies as may be deemed necessary within the Choctaw and 12486 Chickasaw country, .but no greater quantity of land or timber 12487 shall be used for said purposes than shall be actually requisite ; 12488 and if, in the establishment or maintenance of Such posts, post- 12489 roads, and agencies, the property of any Choctaw or Chicka- 12490 saw shall be taken, injured, or destroyed, jiist and adequate 12491 compensatioil shall be made by the United States. Only such 12492 persons as are, or may be in the einployment of the United 12493 States, oi" subject to the jurisdiction and laws of the Choctaws, 12494 or Chickasaws, shall be permitted to farm or raise stock within 12495 the limits of any of said military posts or Indian agencies. And 12496 no offender against the laws of either of said tribes shall be per- 124ti7 mitted to take refuge therein. 12498 Article is. The United States, Or any incorporated company, 12499 shall have the right of way for railroads, or lines of telegraphs, 12500 through the Chotaw and Chickasaw country ; but for any prop- 12501 erty taken or destroyed in the construction thereof, full compen- 12502 sation shall be niade to the party or parties injured, to be ascer- 12503 tained and determined in such manner as the president of the 12504 United States shall direct. 125105 ARTiCLte 19. The United States shall, as soon as practica- 12506 ble, cause the eastern and western boiindary lines of the tract 281 12507 of country described iu the .1st article of this conventiou, and 12508 the western boundary of the Chickasaw district, as herein de- 12509 fined, to be run and permanently marked. 12510 Article 20. That this convention may conduce as far as 12511 possible to the restoration and preservation of kind and friendly 12512 feeling among the Choctaws and Ohickasaws, a general amnesty 12513 of all past offences, committed within their country, is hereby 12514 declared. 12515 And in order that their relations to each other and to the 12516 United States may hereafter be conducted in a harmonious and 12517 satisfactory manner, there shall be but one agent for the two 12518 tribes. 12519 Article 21. This convention shall supersede and take the 12520 place of all former treaties between the United States and the 12521 Choctaws, and also of all treaty stipulations between the United 12522 States and the Chickasaws, and between the Choctaws and 12523 Chickasaws, inconsistent with this agreement, and shall take 12524 effect and be obligatory upon the contracting parties from the 12525 date hereof, whenever the same shall be ratified by the respec- 12526 five councils of the Choctaw and Chickasaw tribes, and by the 12527 President and Senate of the United States. 12528 Article 22. It is understood and agreed that the expenses 12529 of the respective commissioners of the two tribes, signing these 12530 articles of agreement and convention, in coming to and return- 12531 ing from this city, and while here, shall be paid by the United 12532 States. 12533 In testimony whereof the said George W. Manypeuny, com- 12534 missioner on the part of the United States, and the said com- 12535 missioners on the part of the Choctaws and of the Chickasaws, 12536 have hereunto set their hands and seals. 12537 Done in triplicate, at the city of Washington, on this twenty- 12538 second day of June, in the year of our Lord one thousand eight 12539 hundred and fifty-five. 12540 GEORGE W. MANYPENNY, 12541 United States Commissioner, [l. s.] 12542 P. P. PITCHLYNN, [L. S.] 12543 ISRAEL FOLSOM, ' [L. s.] 12544 SAM'L GARLAND, [l. s.] 13545 DICKSON W. LEWIS, [l. S.J 12546 Choctaw Commissioners. 12547 EDMUND PICKENS, his x mark, [l. s.] 12548 SAMPSON FOLSOM, [l. s.] 12549 Chiclcasaio Commissioners. 12550 Executed in presence of — 12551 A. O. P. Nicholson, 12552 Jambs G. Berret, 12553 Douglas H. Cooper, United States Indian Agent. 36 I X 282 12554 And whereas the said treaty having been submitted to the 12555 general council of the Chickasaw tribe, the general council did, 12556 on the third day of October, A. D. one thousand eight hundred 12557 and fifty-five, assent to, ratify, and confirm the same, with the 12558 following amendment: "Add to the 19th article, 'by com- 12559 missioners to be appointed by the contracting parties hereto,' " 12560 by an instrument in writing, in the words and figures following, 12561 to wit: 12562 Whereas articles of agreement and convention were made 12563 and concluded on the twenty-second day of June, A. D. one 12564 thousand eight hundred and fifty-five, by and between George 12565 W. Manypenny, commissioner on the part of the United States, 12566 Peter P. Pitchlynn, Israel Folsom, Samuel Garland, and Dick- 12567 son W. Lewis, commissioners on the part of the Choctaws, and 12568 Edmund Pickens and Sampson Folsom, commissioners on the 12569 part of the Chickasaws, at the city of Washington, in the Dis- 12570 trict of Columbia, the preamble whereof is in the words aud 12571 figures following, "to wit:" 12572 Whereas the political connection heretofore existingbetween 12573 the Choctaw and Chickasaw tribes of Indians has given rise to 12574 unhappy and injurious dissensions and controversies among 12575 them, which render necessary a re-adjustment of their relations 12576 to each other and to the United States; and 12577 Whereas the United States desire that the Choctaw Indians 12578 shall relinquish all claim to any territory west of "the one hnn- 12579 dredth degree of west longitude, and also to make provision for 12580 the permanent settlement within the Choctaw country of the 12581 Wichita and certain other tribes or bands of Indians, for which 12682 purpose the Choctaws and Chickasaws are willing to lease, on 12583 reasonable terms, to the United States, that portion of their 12584 common territory which is west of the ninety-eighth degree of 12585 west longitude ; and 12586 Whereas the Choctaws contend that, by a just and fair con- 12587 struction of the treaty of September 27, 1830, they are of right 12588 entitled to the net proceeds of the lauds ceded by them to the 12589 United States under said treaty, and have proposed that the 12590 question of their right' to the same, together with the whole sub- 12591 ject-matter of their unsettled claims, whether national or indi- 12592 vidual, against the United States, arising under the various pro* 12593 visions of said treaty, shall be referred to the Senate of the 12594 United States for final adjudication and adjustment; and 12595 Whereas it is necessary, for the simplification and better 12596 understanding of the relations between the United States and 12597 the Choctaw Indians, that all their subsisting treaty stipulations 12598 be embodied in one comprehensive instrument; and 12599 Whereas, in the twenty -first article thereof, it is, among 283 12600 other things, recited that said agreement "shall take effect and 12601 be obligatory upon the contracting parties from the date hereof, 12602 whenever the same shall be ratified by the respective councils of 12603 the Choctaw and Chickasaw tribes of Indians and by the Presi- 12604 dent and Senate of the United States:" 12605 Now, therefore, be it known, that the Chickasaws, in gene- 12606 ral council assembled, having duly considered said articles of 12607 agreement and convention, and each and every clause thereof, 12608 and being satisfied therewith, do, upon their part, hereby assent 12609 to, ratify, and confirm the same, as stipulated and required, with 12610 the following amendment: "Add to the nineteenth article, 'By 12611 commissioners to be appointed by the contracting parties here- 12612 to.'" 12613 Done and approved at Tishomingo, in the Chickasaw dis- 12614 trict of the Choctaw Nation, this 3d day of October, in the year 12615 of our Lord one thousand eight hundred and fifty-five. 12616 Passed the council. 12617 JOEL KEMP, President. 12618 D. COLBERT, F. C. 12619 Attest: 12620 Cyrus Haekis, Glerh of the Council. 12621 And whereas the Chickasaws, in general council assembled, 12622 did, on the 13th day of December, A. D. 1855, recede from and 12623 rescind the said amendment, and did ratify and confirm the said 12624 treaty, and every part thereof, by an instrument in writing, in 12625 the words and figures following, to wit : 12626 Whereas the Chickasaws, in general council assembled, after 12627 having duly considered the stipulations contained in a certain 12628 convention and agreement, made and entered into at the city of 12629 Washington, on the 22d day of June, A. D. 1855, between Ceorge 12630 W. Manypenny, commissioner on the part of the United States ; 12631 Peter P. Pitchlynn, Israel Polsom, Samuel Garlaud, and Dick- 12632 son W. Lewis, commissioners on the part of the Choctaws ; Ed- 12633 mund Pickens and Sampson Folsom, commissioners on the part 12634 of the Chickasaws, did, on the third day of October, A. D. 1855, 12635 at Tishomingo, in the Chickasaw district, Choctaw Nation, 12636 assent to, ratify, and confirm each and every part of said con- 12637 vention and agreement, with the following amendment, viz: 12638 "Add to the 19th article, 'By commissioners to be appointed 12639 by the contracting parties hereto ;' " and 12640 Whereas said amendment was not duly considered and con- 12641 curred in by the Choctaws in general council assembled ; but 12642 said agreement and convention, and every part thereof, was 12643 assented to, ratified, and confirmed by said council without 12644 amendment : 12645 Now, therefore, be it known, that the Chickasaws, in 284 12646 general council assembled, having reconsidered said proposed 12647 amendment, do hereby recede from and rescind the same, hereby 12648 assenting to, ratifying, and conflrming said agreement and con- 12649 rention, and every part thereof. 12650 Done and approved at the council-house at Tishomingo, 12651 Chickasaw district, Choctaw Nation, this 13th day of December, 12652 A. D. 1855. 12653 Approved December 13, 1855. 12654 J. McCOY, President of the Council. 12655 DOUGHERTY COLBERT, F. G. 12656 Attest : 12657 Cyrus Hakbis, Secretary. 12658 Signed in presence of — 12659 Jackson Feaziee, 12660 Chief Ghiclcasaw District, Choctaw Nation,. 12661 Douglas H. Cooper, 12662 'U. 8. Indian Agent. 12663 And whereas the said treaty having been submitted to the 12664 general council of the Choctaw tribe, the said general council 12665 did, on the 16th day of November, A. D. one thousand eight 12666 hundred and flfty-flve, consent to and ratify the same by an 12667 instrument in the words and figures following, to wit : 12668 Whereas articles of agreement and convention were made 12669 and concluded on the twenty-second day of June, A. D. one 12670 thousand eight hundred and fifty-five, by and between George 12671 W. Manypenny, commissioner on the part of the United States; 12672 Peter P. Pitchlynn, Israel Folsom, Samuel Garland, and Dickson 12673 W. Lewis, commissioners on the part of the Choctaws; and Ed- 12674 mund Pickens and Sampson Folsom, commissioners on the partof 12675 the Chickasaws, at the city of Washington, in the District of 12676 Columbia, the preamble whereof is in the words and figures fol- 12677 lowing, viz : " Whereas the political connection heretofore exist- 12678 ing between the Choctaw and the Chickasaw tribes of Indians has 12679 given rise to unhappy and injurious dissensions and controver- 12680 sies among them, which render necessary a readjustment of their 12681 relations to each other and to the United States ; and 12682 " Whereas the United States desire that the Choctaw Indians 12683 shall relinquish all claim to any territory west of the one hun- 12684 dredth degree of west longitude, and also to make provision for 12685 the permanent settlement within the Choctaw country of the 1268G Wichita and certain other tribes or bands of Indians, for which 12687 purpose the Choctaws and Chickasaws are -willing to lease, on 12688 reasonable terms, to the United States, that portion of their 12689 common territory which is west of the ninety-eighth degree of 12690 west longitude ; and 12691 " Whereas the Choctaws contend that, by a just and fair con-. 285 12692 struction of the treaty of September 27, 1830, they are of right en- 12693 titled to the net proceeds of the lands ceded by them to the 12694 United States, under said treaty, and have proposed that the 12695 question of their right to the same, together with the whol^ sub- 12696 ject-matter of their unsettled claims, whether national or individ- 12697 ual, against the United States, arising under the various provis- 12698 ions of said treaty, shall be referred to the Senate of the United 12699 States for final adjudication and adjustment; and 12700 " Whereas it is necessary, for the simplification and better 12701 understanding of the relations between the United States and the 12702 Choctaw Indians, that all their subsisting treaty stipulations be 12703 embodied in one comprehensive instrument ; " and whereas in the 12704 twenty -first article thereof, it is, among other things, recited that 12705 said agreement "shall take effect and be obligatory upon the 12706 contracting [parties] from the date hereof, whenever the same 12707 shall be ratified by the respective councils of the Choctaw and 12708 Chickasaw tribes and by the President and Senate of the United 12709 States:" 12710 jl^ow, therefore, be it known, that the Choctaws, in general 12711 council assembled, having duly considered said articles of agree- 12712 ment and convention, and each and every clause thereof, and 12713 being satisfied therewith, do, upon their part, hereby assent to, 12714 ratify, and confirm the same as stipulated and required. 12715 Proclaimed March 4, 1856. 12716 Treaty between the United States of America and the Choctaw and 12717 CMcTcasaw Indians, concluded April 28, 1866; ratification 12718 advised, with amendments, June 28, 1866 ; amendments ac- 12719 eeped July 2, 1866. 12720 Andrew Johnson, President of the United States of America, 12721 to all and singular to whom these presents shall come; 12722 greeting : 12723 Whereas a treaty was made and concluded at the city of 12724 Washington, in the District of Columbia, on the twenty-eighth 12725 day of April, in the year of our Lord one thousand dght hun- 12726 dred and sixty-six, by and between Dennis IST. Cooley, Elijah 12727 Sells, and E. S. Parker, commissioners on the part of the United 12728 States, and Alfred Wade, Allen Wright, James Eiley, and John 12729 Page, commissioners on the part of the Choctaw Nation of In- 12730 dians, and Winchester Colbert, Edmund Pickens, Holmes Col- 12731 bert, Colbert Carter, and Eobert H. Love, commissioners on the 12732 part of the Chickasaw Nation of Indians, all of which commis- 12733 sioners were duly authorized thereto, which treaty is in the 12734 words and figures following, to wit :■ 286 12735 Articles of agreement and convention between the United States 12736 and the Choctaw and Chickasaw Nations of Indians, made 12737 and concluded at the city of Washington the twenty-eighth 12738 day of April, in the year eighteen hundred and sixty-six, 12739 by Dennis IST. Cooley, Elijah Sells, and E. S. Parker, special 12740 commissioners on the part of the United States, and Alfred 12741 Wade, Allen Wright, James Eiley, and John Page, commis- 12742 sioners on the part of the Choctaws, and Winchester Col- 12743 bert, Edmund Pickens, Holmes Colbert, Colbert Carter, 12744 and Eobert H. Love, commissioners on the part of the 12745 Chickasaws. 12746 Akticle 1. Permanent peace and friendship are hereby es- 12747 tablished between the United States and said nations ; and the 12748 Choctaws and Chickasaws do hereby bind themselves respect- 12749 ively to use their influence and to make every exertion to induce 12750 Indians of the plains to maintain peaceful relations with each 12751 other, with other Indians, and with the United States. 12752 Article 2. The Choctaws and Chickasaws hereby cove- 12763 nant and agree that henceforth neither slavery nor involuntary 12754 servitude, otherwise than in punishment of crime whereof the 12755 parties shall have been duly convicted, in accordance with laws 12756 applicable to all members of the particular nation, shall ever 12757 exist in said nations. 12758 Article 3. The Choctaws and Chickasaws, in consider- 12759 ation of the sum of three hundred thousand dollars, hereby cede 12760 to the United States the territory west of the 98° west longi- 12761 tude, known as the leased district, provided that the said sum 12762 shall be invested and held by the United States, at an interest 12763 not less than five per cent., in trust for the said nations, until 12764 the legislatures of the Choctaw and Chickasaw Nations respect- 12765 ively shall have made such laws, rules, and regulations as may 12766 be necessary to give all persons of African descent, resident in 12767 the said nations at the date of the treaty of Fort Smith, and 12768 their descendants, heretofore held in slavery among said nations, 12769 all the rights, privileges, and immunities, including the right of 12770 suffrage, of citizens of said nations, except in the annuities, 12771 moneys, and public domain claimed by, or belonging to, said 12772 nations respectively; and also to give to such persons who were 12773 residents as aforesaid, and their descendants, forty acres each of 12774 the land of said nations on the same terms as the Choctaws and 12775 Chickasaws, to be selected on the survey of said land, after the 12776 Choctaws and Chickasaws and Kansas Indians have made their 12777 selections, as herein provided ; and immediately on the enact- 12778 ment of such laws, rules, and regulations, the said sum of three 12779 hundred thousand dollars shall be paid to the said Choctaw and 12780 Chickasaw Nations in the proportion of three-fourths to the 287 12781 former and one-fourth to the latter — less such sum, at the rate 12782 of one hundred dollars per capita, as shall be sufdcient to pay 12783 such persons of African descent before referred to as within 12784 ninety days after the passage of such laws, rules, and regula- 12785 tions shall elect to remove and actually remove from the said 12786 nations respectively. And should the said laws, rules, and 12787 regulations not be made by the legislatures of the said nations 12788 respectively, within two years from the ratification of this treaty, 12789 then the said sum of three hundred thousand dollars shall cease 12790 to be held in trust for the said Choctaw and Chickasaw Nations, 12791 and be held for the use and benefit of such of said persons of 12792 African descent as the United States shall remove from the said 12793 Territory in such manner as the United States shall deem pro- 12794 per— the United States agreeing, within ninety days from the 12795 expiration of the said two years, to remove from said nations 12796 all such persons of African descent as may be willing to remove ; 12797 those remaining or returning after having been removed from 12798 said nations to have no benefit of said sum of three hundred 12799 thousand dollars, or any part thereof, but shall be upon the same 12800 footing as other citizens of the United States in the said nations. 12801 Article 4. The said nations further agree that all negroes, 12802 not otherwise disqualified or disabled, shall be competent wit- 12803 nesses in all civil and criminal suits and proceedings in the Choc- 12804 taw and Chickasaw courts, any law to the contrary notwithstand- 12805 ing; and they fully recognize the right of the freedmen to a fair 12806 remuneration on reasonable and equitable contracts for their 12807 labor, which the law should aid them to enforce. And they agree, 12808 on the part of their respective nations, that all laws shall be 12809 equal in their operation upon Choctaws, Chickasaws, and negroes, 12810 and that no distinction affecting the latter shall at any time be 12811 made, and that they shall be treated with kindness and be pro- 12812 tected against injury ; and they further agree, that while the 12813 said freedmen, now in the Choctaw and Chickasaw Nations, 12814 remain in said nations, respectively, they shall be entitled to as 12815 much land as they may cultivate for the support of themselves 12816 and families, in cases where they do not support themselves and 12817 families by hiring, not interfering with existing improvements 12818 without the consent of the occupant, it being understood that in 12819 the event of the making of the laws, rules, and regulations afore- 12820 said, the forty acres aforesaid shall stand in place of the land 12821 cultivated as last aforesaid. 12822 Article 5. A general amnesty of all past offences against 12823 the laws of the United States, committed before the signing of 12824 this treaty by any member of the Choctaw or Chickasaw Nations, is 12825 hereby declared ; and the United States will especially request 12826 the States of Missouri, Kansas, Arkansas, and Texas to grant 288 12827 the like amnesty as to all offences committed by any meiaber of 12828 the Choctaw or Chickasaw Kation. And the Choctaws and 12829 Ohickasaws, anxious for the restoration of kind and friendly 12830 feelings among themselves, do hereby declare an amnesty for 12831 all past offences against their respective governments, and no 12832 Indian or Indians shall be proscribed) or any act of Ibrfeiture 12833 or confiscation passed against those who may have re- 12834 mained friendly to the United States, but they shall enjoy 12835 equal privileges with other members of said tribes, and all 12836 laws heretofore passed inconsistent herewith are hereby declared 12837 inoperative. The people of the Choctaw and Chickasaw Nations 12838 stipulate and agree to deliver up to any authorized agent of the 12839 United States all public property in their possession which 12840 belong to the late "so-called Confederate States of America,," or 12841 the United States, without any reservation whatever ; particu- 12842 larly ordnance, ordnance-stores, and arms of all kinds. 12843 Article 6. The Choctaws and Ohickasaws hereby grant a , 12844 right of way through their lands to any company or companies 12845 which shall be duly authorized by Congress, or by the legisla- 12846 tures of said nations, respectively, and which shall, with the ex- 12847 press consent and approbation of the Secretary of the Interior, 12848 undertake to construct a railroad through the Choctaw and 12849 Chickasaw Nations from the north to the south thereof, and 12850 from the east to the west side thereof, in accordance with 12851 the provisions of the 18th article of the treaty of June 12852 twenty second, one thousand eight hundred and fifty-five, which 12853 provides that for any property taken or destroyed in the con- 12854 struction thereof full compensation shall be made to the party 12855 or parties injured, to be ascertained and determined in such 12856 manner as the President of the United States shall direct. But 12857 such railroad company or companies, with all its or their agents 12858 and employes shall be subject to the laws of the United States 12859 relating to intercourse with Indian tribes, and also to such rules 12860 and regulations as may be prescribed by the Secretary of the 12861 Interior for that purpose. And it is also stipulated and agreed 12862 tliat the nation through which the road or roads aforesaid shall 12863 pass may subscribe to the stock of the particular company or 12864 companies such amount or amounts as they may be able to pay 12865 for in jilternate sections of unoccupied lands for a space of six 12866 miles on each side of said road or roads, at a price per acre to 12867 be agreed upon between said Choctaw and Chickasaw Nations 12868 and the said company or companies, subject to the approval of 12869 the President of the United States: Provided, however, That 12870 said land, thus subscribed, shall not be sold, or demised, or occu- 12871 pied by any one not a citizen of the Choctaw or Chickasaw 12872 Nations, according to their laws and recognized usages : Pro- 289 12873 vided, That the officers, servants, and employees of such compa- 12874 nies necessary to the construction and management of said road 12875 or roads shall not be excluded from such occupancy as their 12876 respective functions may require, they being subject to the pro- 12877 visions of the Indian intercourse law and such rules and regula- 12878 tions as may be established by the Secretary of the Interior. 12879 And provided also, That the stock thus subscribed by either of 12880 said nations shall have the force and effect of a flrst-mortgage 12881 bond on all that part of said road, appurtenances, and equip- 12882 ments situated and used within said nations respectively, and 12883 shall be a perpetual lien on the same, and the said nations shall 12884 have the right, from year to year, to elect to receive their equi- 12885 table proportion of declared dividends of profits on their said 12886 stock, or interest on the par value at the rate of six per cent. 12887 per annum. 12888 2. And it is further declared, in this connection, that as fast 12889 as sections of twenty miles in length are completed, with the rails 12890 laid ready for use, with all water and other stations necessary 12891 to the use thereof, as a iirst-class road, the said company or 12892 companies shall become entitled to patents for the alternate 12893 sections aforesaid, and may proceed to dispose thereof in the 12894 manner herein provided for, subject to the approval of the Sec- 12895 retary of the Interior. 12896 3. And it is further declared, also, in case of one or more of 12897 said alternate sections being occupied by any member or mem- 12898 bers of said nations respectively, so that the same cannot be 12899 transferred to the said company or companies, that the said 12900 nation or nations, respectively, may select any unoccupied sec- 12901 tion or sections, as near as circumstances will permit, to the said 12902 width of six miles on each side of said road or roads, and con- 12903 vey the same as an equivalent for the section or sections so oc- 12904 cupied as aforesaid. 12905 Article 7. The Choctaws and Ghickasaws agree to such 12906 legislation as Congress and the President of the United States 12907 may deem necessary for the better administration of justice and 12908 the protection of the riglits of person and property within the 12909 Indian Territory : Provided, however, Such legislation shall not 12910 in anywise interfere with or annul their present tribal organi- , 12911 zation, or their respective legislatures or judiciaries, or the 12912 rights, laws, privileges, or customs of the Choctaw and Chicka- 12913 saw Nations respectively. 12914 Aeticlb 8. The Choctaws and Chickasaws also agree that 12915 a council, consisting of delegates elected by each nation or tribe 12916 lawfully resident within the Indian Territory, may be annually 12917 convened in said Territory, to be organized as follows: 12918 1. After the ratification of this treaty, and as soon as may 37 I T 290 12919 be deemed practicable by the Secretary of the Interior, and 12920 prior to the first session of said assembly, a'census of each tribe,. 12921 lawfully resident in said Territory, shall be taken, under the di- 12922 rection of the Superintendent of Indian Affairs, by competent 12923 persons, to be appointed by him, whose compensation shall be 12924 fixed by the Secretary of the Interior and paid by the United 12925 States. 12926' 2. The council shall consist of one member from each tribe 12927 or nation whose population shall exceed five hundred, and an 12928 additional member for each one thousand Indians, native or 12929 adopted, or each fraction of a thousand greater than five hundred 12930 being members of any tribe lawfully resident in said Territory, 12931 and shall be selected by the ti'ibes or nations respectively who 12932 may assent to the establishment of said general assembly; and 12933 if none should be thus formally selected by any nation or tribe, 12934 it shall be represented in said general assembly by the chief or 12935 chiefs and head-men of said tribes, to be taken in the order of 12936 their rank as recognized in tribal usage in the number and pro- 12937 portions above indicated. 12938 3. After the said census shall have been taken and coni- 12939 pleted, the superintendent of Indian affairs shall publish and 12940 declare to each tribe the number of members of said council to 12941 which they shall be entitled under the provisions of this article; 12942 and the persons so to represent the said tribes shall meet at such 12943 time and place as he shall designate, but thereafter the time and 12944 place of the sessions of the general assembly shall be determined 12945 by itself: Provided, That no session in any one year shall exceed 12946 the term of thirty days ; and provided that the special sessions 12947 may be called whenever, in the judgment of the Secretary of the 12948 Interior, the interests of said tribes shall require it. 12949 4. The general assembly shall have power to legislate upon 12950 all subjects and matters pertaining to the intercourse and rela- 12951 tions of the Indian tribes and nations resident in the said Terri- 12952 tory, the Kvrest and extradition of criminals escaping from ore 12953 tribe l^^ another, the administration of justice between membeis 12954 of the ht,."i'^l tribes of the said Territory, and persons other 12955 than Indiaas and members of said tribes or nations, the con- 12956 struction of works of internal improvement, and the common 12957 defence and safety of the nations of the said Territory. All 12958 laws enacted by said council shall take effect at the times 12959 therein provided, unless suspended by the Secretary of the 12960 Interior or the President of the United States. No law shall 12961 be enacted inconsistent with the Constitution of the United 12962 States or the laws of Congress, or existing treaty stipula- 12963 tions with the United States ; nor shall said council legislate 12964 upon matters pertaining to the legislative, judicial, or other or- 291 12965 ganization, laws, or customs of the several tribes or uatious, ex- 12966 cept as herein provided for. 12967 5. Said council shall be presided over by the superintendent 32968 of Indian affairs, or, in case of his absence from any cause, the 12969 duties of the superintendent enumerated in this article shall be 12970 performed by such person as the Secretary of the Interior shall 12971 indicate. 12972 6. The Secretary of the Interior shall appoint ^ secretary 12973 of said council, whose duty it shall be to keep an accurate record 12974 of all the proceedings of said council, and to transmit a true copy 12975 thereof, duly certified by the superiutendcuc of Indian affairs, 12976 to the Secretary of the Interior, immediately after the sessions 12977 of said council shall terminate. He shall be ]paid five hundred 12978 dollars, as an annual salary, by the United States. 12979 7. The members of the said council shall be paid by the 12980 United States four dollars per diem while in actual attendance 12981 thereon, and four dollars mileage for every twenty miles going 12982 aud returning therefrom by the most direct route, to be certified 12983 by the secretary of said council and the presiding officer. 12984 8. The Choctaws and Ohickasaws also agree that a court or 12985 courts may be established iu saidTerritory with such jurisdiction 12986 and organization as Congress may prescribe : Provided, That the 12987 same shall not interfere with the local judiciary of either of said 12988 nations. 12989 9. Whenever Congress shall authorize the appointment of a 12990 Delegate from said Territory, it shall be the province of said 12991 council to elect one from among the nations represented in said 12992 council. 12993 10. And it is further agreed that the superintendent of In- 12994 dian affairs shall be the executive of the said Territory, with the 12995 title of " governor of the Territory of Oklahoma," and that there 12996 shall be a secretary of the said Territory, to be appointed by the 12997 said superintendent ; that the duty of the said governor, in addi- 12998 tion to those already imposed on the superintendent of Indian 12999 affairs, shall be such as properly belong to an executive officer 13000 charged with the execution of the laws, which the said council 13001 is authorized to enact under the provisions of this treaty; and 13002 that for this purpose he shall have authority to appoint a marshal 13003 of said Territory and an interpreter, the said marshal to appoint 13004 such deputies, to be paid by fees, as may be required to aid him 13005 in the execution of his proper functions, and be the marshal of 13006 the principal court of said Territory that may be established 13007 under the provisions of this treaty. 13008 11. And the said marshal and the said secretary shall each 13009 be entitled to a salary of five hundred dollars per annum, to be 13010 paid by the United States, and such fees in addition thereto as 292 13011 shall be established by said governor, with the approbation of 13012 the Secretary of the Interior, it being understood that the said 13013 fee-lists may at any time be corrected and altered by the Secre- 13014 tary of the Interior, as the experience of the system proposed 13015 herein to be established shall show to be necessary, and shall in 13016 no case exceed the fees paid to marshals of the United States 13017 for similar services. The salary of the interpreter shall be five 13018 hundred dollars, to be paid in like manner by the United States. 13019 12. ,And the United States agree that in the appointment 13020 of marshals and deputies, preference, qualifications being equal, 13021 shall be given to competent members of the said nations, the 13022 object being to create a laudable ambition to acquire the experi- 13023 ence necessary for political offlces of importance in the respective 13024 nations. 13025 13. And whereas it is desired by the said Choctaw and 13026 Chickasaw Nations that the said council should consist of an 13027 upper and lower house, it is hereby agreed that, whenever a 13028 majority of the tribes or nations represented in said council shall 13029 desire the same, or the Congress of the United States shall so 13030 prescribe, there shall be, in addition to the council now provided 13031 for, and which shall then constitute the lower house, an upper 13032 house, consisting of one member from each tribe entitled to rep- 13033 resentation in the council now provided for, the relations of the 13034 two houses to each other being such as prevail in the States of 13035 the United States, each house being authorized to choose its pre- 13036 siding officer and clerk to perform the duties appropriate to such 13037 offlces; and it being the duty, in addition, of the clerks of each " 13038 house to make out and transmit to the territorial secretary fair 13039 copies of the proceedings of the respective houses immediately 13040 after their respective sessions, which copies shall be dealt 1£041 with by the said secretary as is now provided^ in the case of 13042 copies of the proceedings of the council mentioned in this act, 13043 and the said clerks shall each be entitled to the same per diem 13044 as members of the respective houses, and the presiding officers 13045 to double that sum. 13040 Article 9. Such sums of money as have, by virtue of 13047 treaties existing in the year eighteen hundred and sixty-one, 13048 been invested for the purposes of education, shall remain so iu- 13049 vested, and the interest thereof shall be applied for the same 13050 purposes, in such manner as shall be designated by the legisla- 13051 tive authorities of the Choctaw and Chickasaw Nations, re- 13052 spectively. 13053 Aeticle 10. The United States re-afflrms all obligations 13054 arising out of treaty stipulations or acts of legislation with re- 13055 gard to the Choctaw and Chickasaw Nations, entered into prior 13066 to the late rebellion, and in force at that time, not inconsistent 29S 13057 herewith; and farther agrees to renew the payment of all annu- 13058 ities and others moneys accruing under such treaty stipulations 13059 and acts of legislation, from and after the close of the fiscal 13060 year ending on the thirtieth of June, in the year eighteen hun- 13061 dred and sixty-six. 130C2 Article 11. Whereas the land occupied by the Choctaw and 13063 Chickasaw Nations, and described in the treaty between the 13064 United States and said nations, of June twenty-second, 13065 eighteen hundred and fifty-five, is now held by the members of 1306G said nations in common, under the provisions of the said treaty ; 13067 and whereas it is believed that the holding of said land in sever- 13068 alty will promote the general civilization of said nations, and tend 13069 to advance their permanent welfare and the best interests of 13070 their individual members, it is hereby agreed that, should the 13071 Choctaw and Chickasaw people, through their respective legis- 13072 lative councils, agree to the survey and dividing their land 13073 on the system of the United States, the land aforesaid east of 13074 the ninety-eighth degree of west longitude shall be, in view of 13075 the arrangements hereinafter mentioned, surveyed and laid oft' 13076 in ranges, townships, sections, and parts of sections; and that 13077 for the purpose of facilitating such surveys and for the settle- 13078 ment and distribution of said land as hereinafter provided, 13079 there shall be established at Boggy Depot, in the Choctaw Ter- 13080 ritory, a land-office; and that, in making the said surveys and 13081 conducting the business of the said office, including the appoint- 13082 ment of all necessary agents and surveyors, the same system 13083 shall be pursued which Las heretofore governed in respect to the 13084 public lands of the United States, it being understood that the 13085 said surveys shall be made at the cost of the United States and 13086 by their agents and surveyors, as in the case of their own pub- 13087 lie lands, and that the officers and employes shall receive the 13088 same compensation as is paid to officers and employes in tbe 13089 land- offices of the United States in Kansas. 13090 Article 12. The maps of said surveys shall exhibit, as 13091 far as practicable, the outlines of the actual occupancy of mem- 13092 bers of the said nations, respectively ; and when they are com- 13093 pleted, sliall be returned to the said land-office at Boggy Depot 13094 for inspection by all parties interested, when notice for ninety 13095 days shall be given of such return, in such manner as the legisla- 13096 tive authorities of the said nations, respectively, shall prescribe, 13097 or, in the event of said authorities failing to give such notice in 13098 a reasonable time, in such manner as the register of said land- 13099. office shall prescribe, calling upon all parties interested to ex- 13100 amine said maps to the end that errors, if any, in the location 13101 of such occupancies, may be corrected. 13102 Article 13. The notice required in the above article shall 294 13103 be given, not only in the Choctaw and Chickasaw Nations, but 13104 by publication in newspapers printed in the States of Mississippi 13105 and Tennessee, Louisiana, Texas, Arkansas, and Alabama, to 13106 the end that such Choctaws and Chickasaws as yet remain out- 13107 side of the Choctaw and Chickasaw Nations, may be informed 13108 and have opportunity to exercise the rights hereby given to 13109 resident Choctaws and Chickasaws : Provided, That before any 13110 such absent Choctaw or Chickasaw shall be permitted to select 13111 for him or herself, or others, as hereinafter provided, he or she 13112 shall satisfy the register of the land-ofiice of his or her intention, 13113 or the intention of the party for whom the selection is to be 13114 made, to bcome bona fide resident in the said nation within five 13115 years from the time of selection ; and should the said absentee 13116 fail to remove into said nation, and occupy and commence an ira- 13117 provement on the land selected within the time aforesaid, the 13118 said selection shall be cancelled, and the land shall thereafter be 13119 discharged from all claim on account thereof. 13120 Article 14 At the expiration of the ninety days aforesaid 13121 the legislative anthorities of the said nations, respectively, shall 13122 have the right to select one quarter-section of land in each of the 13123 counties of said nations respectively, in trust for the establish- 13124 ment of seats of justice therein, and also as many quarter-sec- 13125 tions as the said legislative councils may deem proper for the 13126 permanent endowment of schools, seminaries, and colleges in said 13127 nation, provided such selection shall not embrace or interfere 13128 with any improvement in the actual occupation of any member 13129 of the particular nation without his consent ; and provided the 13130 proceeds of sale of the quarter-sections selected for seats of jus- 13131 tice shall be appropriated for the erection or improvement of pub- 13132 lie buildings in the county in which it is located. 13133 Article 15. At the expiration of the ninety days' notice 13134 aforesaid, the selection which is to change the tenure of theland 13135 in the Choctaw and Chickasaw Nations from a holding in common 13136 to a holding in severalty shall take place, when every Choctaw 13137 and Chickasaw shall' have the right to one quarter-section of 13138 land, whether male or female, adult or minor, and if in actual 13139 possession or occupancy of land improved or cultivated by him 13140 or her, shall have a prior right to the quarter-section in which 13141 his or her improvement lies ; and every infant shall have selected 13142 for him or her a quarter-section of land in such location as the 13143 father of such infant, if there be a father iving, and if no father 13144 living, then the mother or guardian, and should there be neither 13145 father, mother, nor guardian, then as the probate judge of the 13146 county, acting for the best interest of such infant, shall select. 13147 Article 16. Should an actual occupant of Jand desire, at 13148 any time prior to the commencement of the surveys aforesaid, 295 13149 to abandon his improvement, and select and improve other 13150 land, so as to obtain the prior right of selection thereof, he or. 13151 she shall be at liberty to do so ; in which event the improve- 13152 ment so abandoned shall be open to selection by other parties : 13153 Provided, That nothing herein contained shall authorize the 13154 multiplication of improvements so as to increase the quantity of 13155 land beyond what a party would be entitled to at the date of 13156 this treaty. 13157 Aeticlb 17. No selection to be made under this treaty shall 13158 be permitted to deprive or interfere with the continued occupa- 13159 tion by the missionaries established in the respective nations of 13160 their several missionary establishments ; it being the wish of 13161 the parties hereto to promote and foster an influence so largely 13163 conducive to civilization and refinement. Should any mission- 13163 ary who has been engaged in missionary labor for five consecu- 13164 tive years before the date of this treaty in the said nations, or 13165 either of them, or three consecutive years prior to the late re- 13166 bellion, and who, if absent from the said nations, may desire to 13167 return, wish to select a quarter-section of land with a view to a 13168 permanent home for himself and family, he sball have the priv- 13169 ilege of doiug so, provided no selection shall include any x)ublic 13170 buildings, schools or seminary ; and a quantity of land not ex- 13171 ceeding six hundred and forty acres to be selected according to 13173 legal subdivisions in one body, and to include their improve- 13173 ments, is hereby granted to every religious society or deuonii- 13174 nation which has erected, or which, with the consent of the Iii- 13175 dians, may hereafter erect buildings within the Choctaw and 13176 Chickasaw country for missionary or educational purposes ; but 13177 no land thus granted, nor the buildings which have been or may 13178 be erected thereon, shall ever be sold or otherwise disposed of, 13179 except with the consent of the legislatures of said nations re- 13180 spectively and approval of the Secretary of the Interior ; and 13181 whenever such lands or buildings shall be sold or disposed of 13182 the proceeds thereof shall be applied, under the direction of the 13183 Secretary of the Interior, to the support and maintenance of 13184 other similar establishments for the benefit of the Choctaws and 13185 Chickasaws, and such other iiersons as may hereafter become 13186 members of their nations, according to their laws, customs, and 13187 usages. 13188 Article 18. In making a selection for children the parent 13189 shall have a prior right to select land adjacent to his own im- 13190 provements or selection, provided such selection shall be made 13191 within thirty days from the time at which selections under this 13192 treaty commence. 13193 Aeticlb 19. The manner of selecting as aforesaid shall be 13194 by an entry with the register of the land-offlce, and all selec- 296 13195 tions shall be made to conform to the legal subdivisions of the 13196 said lands as shown by the surveys aforesaid on the maps afore- 13197 said ; it being understood that nothing herein contained is to be 13198 construed to confine a party selecting to one section, but he may 13199 take contiguous parts of sections by legal subdivisions in differ- 13200 ent sections, not exceeding together a quarter-section. 13201 Aeticlb 20. Prior to any entries being made under the 13202 foregoing provisions, proof of improvements, or actaal cultiva- 13203 tion, as well as the number of persons for whom a parent or 13204 guardian, or probate judge of the county proposes to select, and 13205 of their right to select, and of his or her authority to select, for 13206 them, shall be made to the register and receiver of the land- 13207 office, under regulations to be prescribed by the Secretary of the 13208 Interior. 13209 Akticle 21. Inevery township thesections of landnumbered 13210 sixteen and thirty-six shall be reserved for the support of schools 13211 in said township : Provided, That if the same has been already 13212 occupied by a party or parties having the right to select it, or it 13213 shall be so sterile as to be unavailable, the legislative authori- 13214 ties of the particular nations shall have the right to select such 13215 other unoccupied sections as they may think proper. 13216 Article 22. The right of selection hereby given shall not 13217 authorize the selection of any land required by the United 13218 States as a military post, or Indian agency, not exceeding one 13219 mile square, which, when abandoned, shall revert to the nation 13220 in which the land lies. 13221 Aeticle 23. The register of the land-office shall inscribe in 13232 a suitable book or books, in alphabetical order, the name of every 13223 individual for whom a selection shall be made, his or her age, 13224 and a description of the land selected. 13225 Aeticle 24. Whereas it may be difficult to give to each 13226 occupant of an improvement a quarter-section of land, or even 13227 a smaller subdivision, which shall include such improvement, in 13228 consequence of such improvements lying in towns, villages, or 13220 hamlets, the legislative authorities of the respective natiouis 13230 shall have power, where, in their discretion, they think it expe- 13231 dient, to lay off into town lots any section or part of a section 13232 so occupied, to which lots the actual occupants, being citizens 13233 of the respective nations, shall have pre-emptive right, and, upon 13234 paying into the treasury of the particular nation the price of the 13235 land, as fixed by the respective legislatures, exclusive of the 13236 value of said improvement, shall receive a conveyance thereof. 13237 Such occupant shall not be prejudiced thereby in his right to 13238 his selection elsewhere. The town lots which maj' be unoccu- 13239 pied shall l)e disposed of for the benefit of the particular nation, 13240 as the legislative authorities may direct from time to time. 297 13241 When the number of occupants of the same quarter-section shall 13242 not be such as to authorize the legislative authorities to lay out 13243 the same, or any part thereof, into town lots, they may make 13244 such regulations for the disposition thereof as they may deem 13245 proper, either by subdivision of the same, so as to accommodate 13246 the actual occupants, or by giving the right of prior choice to 13247 tlie first occupant in point of time, upon paying the others for 13248 their improvements, to be valued in such way as the legisla- 13249 tive authorities shall prescribe, or otherwise. All occupants 13250 retaining their lots under this section, and desiring, in addition, 13251 to make a selection, must pay for the lots so retained, as in the 13252 case of town lots. And any Choctaw or Chickasaw who may 13253 desire to select a sectional division other than that on which his 13254 homestead is, without abandoning the latter, shall have the 13255 right to purchase the homestead sectional division at such price 13256 as the respective legislatures may prescribe. 13257 Aeticlb 25. During ninety days from the expiration of the 13258 ninety days' notice aforesaid, the Choctaws and Chickasaws 13259 shall have the exclusive right to make selections, as aforesaid, 13260 and at the end of that time the several parties shall be entitled 13261 to patents for their respective selections, to be issued by the 13262 President of the United States, and countersigned by the chief 13263 executive offlcer of the nation in which the land lies, and re- 13264 corded in the records of the executive office of the particular 13265 nation ; and copies of the said patents, under seal, shall be 13266 evidence in any court of law or equity. 13267 Akticle 26. The right here given to Choctaws and 13268 Chickasaws, respectively, shall extend to all persons who have 13269 become citizens by adoption or intermarriage of either of said 13270 nations, or who may hereafter become such. 13271 Article 27. In the event of disputes arising in regard to 13272 the rights of parties to select particular quarter-sections or other 13273 divisions of said land, or in regard to the adjustment of bound- 13274 aries, so as to make them conform to legal divisions and sub- 13275 divisions, such disputes shall be settled by the register of the 13276 land-office and the chief executive officer of the nation in which 13277 the land lies, in a summary way, after hearing the parties ; and 13278 if said register and chief officer cannot agree, the two to call in 13279 a third party, who shall constitute a third referee, the decision 13280 of any two of whom shall be iinal, without appeal. 13281 Article 28. Nothing contained in any law of either of the 13282 said nations shall prevent parties entitled to make selections 13283 contiguous to each other; and the Choctaw and Chickasaw 13284 ifations hereby agree to repeal all laws inconsistent with this 13285 provision. 13286 Article 29. Selections made under this treaty shall, to 38 I T 298 13287 the extent of one quarter-sectiou, includiag the homestead or 13288» dwelling, be inalienable for the period of twenty-one years from 13289 the date of such selection, and upon the death of the party in 13290 possession shall descend according to the laws of the nation 13291 where the land lies ; and in the event of his or her death with- 13292 out heirs, the said quarter-section shall escheat to and become 13293 the property of the nation. 13294 Article 30, The Choctaw and Chickasaw Nations will 13295 receive into their respective districts, east of the ninety-eighth 13296 degree of west longitude, in the proportion of one-fourth iu the 13297 Chickasaw and three-fourths in the Choctaw Nation, civilized 13298 Indians from the tribes known by the general name of the Kan- 13299 sas Indians, being Indians to the north of the Indian Territory, 13300 not exceeding ten thousand in number, who shall have in the 13301 Choctaw and Chickasaw Nations, respectively, the same rights 13302 as the Choctaws and Chickasaws, of whom they shall be the 13303 fellow-citizens, governed by the same laws and enjoying the 13304 same privileges, with the exception of the right to participate 13305 in the Choctaw and Chickasaw annuities and other moneys, and 13306 in the public domain, should the same, or the proceeds thereof, 13307 be divided per capita among said Choctaws and Chickasaws, and 13308 among others the right to select land as herein provided for 13309 Choctaws and Chickasaws, after the expiration of the ninety 13310 days during which the selections of la;nd are to be made, as 13311 aforesaid, by said Choctaws and Chickasaws ; and the Choctaw 13312 and Chickasaw Nations pledge themselves to treat the said 13313 Kansas Indians in all respects with kindness and forbearance, 13314 aiding them in good faith to establish themselves in their new 13315 homes, and to respect all their customs and usages not incon- 13316 sistent with the constitution and laws of the Choctaw and Chick- 13317 asaw Nations respectively. In making selections after the ad- 13318 vent of the Indians and the actual occupancy of land in said 13319 nation, such occupancy shall have the same effect in their behalf 13320 as^the occupancies of Choctaws and Chickasaws ; and after the 13321 said Choctaws and Chickasaws have made their selections as 13322 aforesaid, the said persons of African descent mentioned in the ] 3323 third article of the treaty shall make their selections as therein 13324 provided, in the event of the making of the laws, rules, and 13325 regulations aforesaid, after the expiration of ninety days from 13326 the date at which the Kansas Indians are to make their selec- 13327 tions as therein provided, and the actual occupancy of such 13328 persons of African descent shall have the same effect in their 13329 behalf as the occupancies of the Choctaws and Chickasaws. 13330 Akticle 31. And whereas some time must necessarily 13331 elapse before the surveys, maps, and selections herein provided 13332 for can be completed so as to permit the said Kansas Indians to 299 13333 make their selectious iu their order, during which time the 13334 United States may desire to remove the said Indians from their 13335 present abiding places, it is hereby agreed that the said Indians 13336 may at once come into the Choctaw and Chickasaw Nations, 13337 settling themselves temporarily as citizens of the said nations, 13338 respectively, upon such land as suits them and is not already 13339 occupied. 13340 Article 32. At the expiration of two years, or sooner, if 13341 the President of the United States shall so direct, from the com- 13342 pletiou of the surveys and maps aforesaid, the officers of the 13343 land-offices aforesaid shall deliver to the executive departments 13344 of the Choctaw and Chickasaw Nations, respectively, all such 13345 documents as may be necessary to elucidate the land-title as 13346 settled according to this treaty, and forward copies thereof, with 13347 the field-notes, records, and other papers pertaining to said 13348 titles, to the Commissioner of the General Land-Office -, and there- 13349 after grants of laud and patents therefor shall be issued in such 13350 manner as the legislative authorities of said nations may pro- 13351 vide for all the unselected portions of the Choctaw and Chickasaw 13352 districts as defined by the treaty of June twenty-second, eighteen 13353 hundred and fifty-five. 13354 Article 33. All lands selected as herein provided shall 13355 thereafter be held in severalty by the respective parties, and the 13356 unselected land shall be the common property of the Choctaw 13357 and Chickasaw Nations, in their corporate capacities, subject to 13358 the joint control of their legislative authorities. 13359 Article 34. Should any Choctaw or Chickasaw be pre- 13360 vented from selecting for him or herself during the the ninety 13361 days aforesaid, the failure to do so shall not authorize another 13362 to select the quarter-section containing his improvement, but he 13363 may at any time make his selection thereof, subject to having 13364 his boundaries made to conform to legal divisions as aforesaid. 13365 Article 35. Should the selections aforesaid not be made 13366 before the transfer of the land records to the executive authori- 13367 ties of said nations, respectively, they shall be made according 13368 to such regulations as the legislative authorities of the two 13369 nations, respectively, may prescribe, to the end that full justice 13370 and equity may be done to the citizens of the respective territo- 13371 ries. 13372 Article 36. Should any land that has been selected under 13373 the provisions of this treaty be abandoned and left uncultivated 13374 for the space of seven years by the party selecting the same, 13375 or his heirs, except in the case of infants under the age of 13376 twenty-one years, or married women, or persons non compos 13377 mentis, the legislative authorities of the nation where such land 13378 lies may either rent the same for the benefit of those interested. 300 13379 or dispose of the same otherwise for their benefit, aad may pass 13380 all laws necessary to give effect to this provision. 13381 Article 37. In consideration of the right of selection here- 13382 inbefore accorded to certain Indians other than the Choctaws 13383 and Chickasaws, the United States agree to pay to the Choctaw 13384 and Chickasaw Nations, out of the funds of Indians removing 13385 into said nations respectively, under the provisions of this treaty^ 13386 such sum as may be fixed by the legislatures of said nations, 13387 not exceeding one dollar per acre, to be divided between the said 13388 nations in the proportion of one-fourth to the Chickasaw Nation 13389 and three-fourths to the Choctaw Nation, with the understand. 13390 ing that at the expiration of twelve months the actual number 13391 of said immigrating Indians shall be ascertained, and the amount 13392 paid that may be actually due at the rate aforesaid; and should 13393 still further immigrations take place from among said Kansas 13394 Indians, still further payments shall be made accordingly from 13395 time to time. 13396 Article 38. Every white person who, having married a 13397 Choctaw or Chickasaw, resides in the said Choctaw or Chicka- 13398 saw Nation, or who has been adopted by the legislative author- 13399 ities, is to be deemed a member of said nation, and shall be 13400 subject to the laws of the Choctaw and Chickasaw Nations 13401 according to his domicile, and to prosecution and trial before 13402 their tribunals, and to punishment according to their laws in all 13403 respects as though he was a native Choctaw or Chickasaw. 13404 Article 39. No person shall expose goods or other articles 13405 for sale as a trader without a permit of the legislative authorities 13406 of the nation he may propose to trade in ; but no license shall be 13407 required to authorize any member of the Choctaw or Chickasaw 13408 Nations to trade in the Choctaw or Chickasaw country who is 13409 authorized by the proper authority of the nation, nor to authorize 13410 Choctaws or Chickasaws to sell flour, meal, meat,, fruit, and 13411 other provisions, stock, wagons, agricultural implements, or tools 13412 brought from the United States into the said country. 13413 Article 40. All restrictions contained in any treaty here- 13414 tofore made, or in any regulation of the United States upon the 13415 sale or other disposition of personal chattel property by Choc- 13416 taws or Chickasaws are hereby removed. 13417 Article 41. All persons who are members of the Choctaw 13418 or Chickasaw Nations, and are not otherwise disqualified or dis- 13419 abled, shall hereafter be competent witnesses in all civil and 13420 criminal suits and pj'oceedings in any courts of the United 13421 States, any law to the contrary notwithstanding. 13422 Article 42. The Choctaw and Chickasaw Nations shall 13423 deliver up i^ersons accused of crimes against the United States 13424 who may be found within their respective limits, on the requisi- 301 13425 tion of the governor of any State, for a crime committed against 13426 the laws of said State, and upon the requisition of the judge of 13427 the district court of the United States for the district within 13428 which the crime was committed. 13429 Article 43. The United States promise and agree that no 13430 white person, except ofQcers, agents, and employes of the Gov- 13431 erument, and of any internal improvement company, or persons 13432 travelling through, or temporarily sojourning in, the said nations, 13433 or either of them, shall be permitted to go into said Territory, 13434 unless formally incorporated and naturalized by the joint action 13435 of the authorities of both nations into one of the said nations 13436 of Choctaws and Chickasaws, according to their laws, customs, 13437 or usages ; but this article is not to be construed to affect parties 13438 heretofore adopted, or to prevent the employment temporarily 13439 of white persons who are teachers, mechauics,j)r skilled in agri- 13440 culture, or to prevent the legislative authorities of the respective 13441 nations from authorizing such works of internal improvement 13442 as they may deem essential to the welfare and prosperity of the 13443 community, or be taken to interfere with or invalidate any action 13444 which has heretofore been had in this connection by either of 13445 the said nations. 13446 Article 44. Post-oiflces shall be established and main- 13447 tained by the United States at convenient places in the Choctaw 13448 and Chickasaw Nations, to and from which the mails shall be 13449 carried at reasonable intervals, at the rates of postage prevail- 13450 ing in the United States. 13451 Article 45. All the rights, privileges, and immunities 13452 heretofore possessed bj' said nations or individuals thereof, or to 13453 which they were entitled under the treaties and legislation here- 13454 tofore made and had in connection with them, shall be, and are 13455 hereby declared to be, in full force, so far as they are consistent 13456 with the provisions of this treaty. 13457 Article 46. Of the moneys stipulated to be paid to the 13458 Choctaws and Chickasaws under this treaty for the cession of 13459 the leased district, and the admission of the Kansas Indians 13460 among them, the sum of one hundred and fifty thousand dollars 13461 shall be advanced and paid to the Choctaws, and fifty thousand 13462 dollars to the Chickasaws, through their respective treasurers, 13463 as soon as practicable after the ratification of this treaty, to be 13464 repaid out of said moneys or any other moneys of said nations 13465 in the hands of the United States; the residue, not affected by 13466 any provision of this treaty, to remain in the Treasury of the 13467 United States at an annual interest of five per cent., no part of 13468 which shall be paid out as annuity, but shall be annually paid 13469 to the treasurer of said nations, respectively, to be regularly and 13470 judiciously applied, under the direction of their respective legis- 302 13471 lative councils, to the support of their government, the purposes 13472 of education, and such other objects as may be best calculated 13473 to promote and advance the welfare and happiness of said na- 13474 tions and their people respectively. 13475 Article 47. As soon as practicable after the lands shall 13476 have been surveyed and assigned to the Choctaws and Ohicka- 13477 saws in severalty, as herein provided, upon application of their 13478 respective legislative councils, and with the assent of the Pres- 13479 ident of the United States, all the annuities and funds invested 13480 and held in trust by the United States for the benefit of said 13481 nations respectively shall be capitalized or converted into money, 13482 as the case may be ; and the aggregate amounts thereof belong- 13483 ing to each nation shall be equally divided and paid per capita 13484 to the individuals thereof respectively, to aid and assist them 13485 in improving their homesteads and increasing or acquiring flocks 13486 and herds, and thus encourage them to make proper efforts to 13487 maintain successfully the new relations which the holding of 13488 their lands in severalty will involve : Provided, nevertheless, That 13489 there shall be retained by the United States such sum as the 13490 President shall deem sufficient of the said moneys to be invested, 13491 that the interest thereon may be sufficient to defray the ex- 13492 i)enses of the government of said nations respectively, together 13493 with a judicious system of education, until these objects can be 13494 provided for by a proper system of taxation ; and whenever 13495 this shall be done to the satisfaction of the President of the 13496 United States, the moneys so retained shall be divided in the 13497 manner .and for the purpose above mentioned. 13498 Article 48. Immediately after the ratification of this treaty 13499 there shall be paid, out of the funds of the Choctaws and Ohick- 13500 asaws in the hands of the United States, twenty-five thousand dol- 13501 lars to the Choctaw and twenty -five thousand dollars to the Chick. 13502 asaw commissioners, to enable them to discharge obligations in- 13503 curred by them for various incidental and other expenses to which 13504 they have been subjected, and for which they are now indebted. 13605 Article 49. And it is further agreed that a commission, 13506 to consist of a person or persons to be appointed by the Presi- 13507 dent of the United States, not exceeding thtee; shall be ap- 13508 pointed immediately on the ratification of this treaty, who shall 13509 take into consideration and determine the claim of such Choc- 13510 taws and Chickasaws as allege that they have been driven during 13511 the late rebellion from their homes iu the Choctaw [and Chick- 13512 asaw] Nations on account of their adhesion to the United States, 13513 for damages, with power to make such award as may be con- 13514 sistent with equity and good conscience, taking into view all 13515 circumstances, whose report, when ratified by the Secretary of 13516 the Interior, shall be final, and authorize the payment of the 303 13517 amount from a,ny moneys of said nations in the Lauds of the 13518 United States as the said commission may award. 13519 Article 50. Whereas Joseph G.Heald and Reuben Wright, 13520 of Massachusetts, were licensed traders in the Choctaw country 13521 at the commencement of the rebellion, and claim to have sus- 13522 tained large losses on account of said rebellion, by thre use of 13523 their property by said nation, and that large sums of money 13524 are due them for goods and property taken, or sold to the mem- 13525 bers of said nation, and money advanced to said nation ; and 13526 whereas other loyal citizens of the United States may have 13527 just claims of the same character : It is hereby agreed and stip- 13528 ulated that the commission provided for in the preceding arti- 13529 c|e shall investigate said claims, and fully examine the same; 13530 and such sum or sums of money as shall by the report of said 13531 commission, approved by the Secretary of the Interior, be found 13532 due to such persons, not exceeding ninety thousand dollars, 13533 shall be paid by the United States to the persons entitled 13534 thereto, out of any money belonging to said nation in the pos- 13535 session of the United States : Provided, That no claim for goods 1353G or property of any kind shall be allowed or paid, in whole or 13537 part, which shall have been used by said nation or any member 13538 thereof in aid of the rebellion, with the consent of said claim- 13539 ants : Provided also, That if the aggregate of said claims thus 13540 allowed and approved shall exceed said sum of ninety thousand 13541 dollars, then that sum shall be applied pro rata in payment of the 13542 claims so allowed. 13543 AuTiCLE 51. It is further agreed that all treaties and 13544 parts of treaties inconsistent herewith be, and the same are 13545 hereby, declared null and void. 1354G Proclaimed July 10, 1866. 13547 COMANOHES AND WICHETAWS. 13548 Treaty icith the Comanche and Witchetaic Indians and their asso- 13549 dated bands. 13550 For the purpose of establishing and perpetuating peace and 13551 friendship between the United States of America and the Co- 13552 manche and Witchetaw Nations, and their associated bands or 13553 tribes of Indians, and between these nations or tribes and the 13554 Cherokee, Muscogee, Choctaw, Osage, Seneca, and Quapaw 13555 Nations or tribes of Indians, the President of the United States 13556 has, to accomplish this desirable object, and to aid therein, ap- 13557 pointed Governor M. Stokes, M. Arbuckle, brigdi.-genl. United 13558 States Army, and P. W. Armstrong, acting superintendent 304 13559 Western Territory, commissioners on the part of the United 13560 States; and the said Governor M. Stokes, and M. Arbuckle, 13561 brigdi.-genl. United States Army, -with the chiefs and repre- 13562 sentatives of the Cherokee, Muscogee, Choctaw, Osage, Seneca, 13563 and Quapaw Nations or tribes of Indians, have met the chiefs, 13564 warriors, and representatives of the tribes first above named at 13565 Camp Holmes, on the eastern border of the Grand Prairie, near 13566 the Canadian Eiver, in the Muscogee Nation, and, after full delib- 13567 eration, the said nations or tribes have agreed with the United 13568 States, and with one another, upon the following articles : 13569 Article 1. There shall be perpetual peace and friendship 13570 between ail the citizens of the United States of America and 13571 all the individuals composing the Comanche and Witchetaw 13572 Nations and their associated bands or tribes of Indians, and be- 13573 tween these nations or tribes and the Cherokee, Mnscogee, Choc- 13574 taw, Osage, Seneca, and Quapaw Nations or tribes of Indians. 13575 Article 2. Every injury or act of hostility by one or either 13576 of the contracting parties on the other, shall be mutually for- 13577 given and forever forgot. 13578 Article 3. There shall be a free and friendly intercourse be- 13579 tween all the contracting parties hereto, and it is distinctly un- 13580 derstood and agreed by the Comanche and Witchetaw Nations 13581 and their associated bands or tribes of Indians, that the citizens 13582 of the United States are freely permitted to pass and repass 13583 through their settlements or hunting-ground without molesta- 13584 tion or injury on their way to any of the provinces of the re- 13585 public of Mexico, or returning therefrom, and that each of the 13586 nations or tribes named in this article further agree to pay the 13587 full value for any injury their people may do to the goods' or 13588 property of the citizens of the United States taken or destroyed, 13589 when peaceably passing through the country they inhabit, or 13590 hunt in, or elsewhere. .And the United States hereby guaranty 13591 to any Indian or Indians of either of the said Comanche or 13592 Witchetaw Nations, and their associated bands or tribes of In- 13593 dians, a full indemnification for any horses or other property 13594 which may be stolon from them : Provided, That the property 13595 so stolen cannot be recovered, and that sufBcient proof is pro- 13596 duced that it was actually stolen by a citizen of the United 13597 States, and within the limits thereof. 13598 Article 4. It is understood and agreed by all the nations 13599 or tribes of Indians parties to this treaty, that each and all of 13600 the said nations or tribes have free permission to hunt and trap 13601 in the Great Prairie west of the Cross Timber, to the western 13602 limits of the United States. 13603 Article 5. The Comanche and Witchetaw Nations and their 13604 associated bands or tribes of Indians, severally agree and bind 305 13605 themselves to pay full value for any injury their people may do 13606 to the goods or other property of such traders as the President 13607 of the United States may place near to their settlements or hunt- 13608 ing-ground for the purpose of trading with them. 13609 Article 6. The Comanche and Witchetaw Nations and 13610 their associated bands or tribes of Indians agree that, in the 13611 event any of the red people belonging to the nations or tribes 13612 residing south of the Missouri Eiver and west of the State of 13613 Missouri, not parties to this treaty, should visit their towns or 13614 be found on their hunting-ground, that they will treat them with 13615 kindness and friendship and do no injury to them in any way 13616 whatever. 13617 Article 7. Should any difficulty hereafter unfortunately 13618 arise between any of the nations or tribes of Indians parties here-. 13619 unto, in consequence of murder, the stealing of horses, cattle, or 13620 other cause, it is agreed that the other tribes shall interpose their 13621 good offtces to remove such difficulties, and also that the Grovern- 13622 ment of the United States may take such measures as they may 13623 deem proper to effect the same object, and see that full justice is 13624 done to the injured party. 13625 Article 8. It is agreed by the commissioners of the United 33626 States, that in consequence of the Comanche and Witchetaw 13627 Nations and their associated bands or tribes of Indians having 13628 freely and willingly entered into this treaty, and it being the 13629 first they have made with the United States or any of the con- 13630 tracting parties, that they shall receive presents immediately 13631 after signing, as a donation from the United States; nothing 13632 being asked from these nations or tribes in return, except to 13633 remain at peace with the partes hereto, which their own good 13634 and that of their posterity require. 13635 Article 9. The Comanche and Witchetaw Nations and 13636 their associated bands or tribes of Indians agree, that their en- 13637 tering into this treaty shall in no respect interrupt their friendly 13638 relations with the republic of Mexico, where they all frequently 13639 hunt and the Comanche Nation principally inhabit ; and it is 13640 distinctly understood that the Government of the United States 13641 desire that perfect peace shall exist between the nations or 13642 tribes named in this article and the said republic. 13643 Article 10. This treaty shall be obligatory on the nations 13644 or tribes parties hereto from and after the date hereof, and on 13645 the United States from and after its ratification by the Govern- 13646 ment thereof. 13647 Proclaimed May 19, 1836. 39 I t 306 X3648 COMANCHES, lONIS, ANADAOAS, CADOES, &c. 13649 Treaty with the Gomanches and other tribes. Articles of a treaty 13650 made and concluded at Council Springs, in the county of Rob- 13651 inson, Texas, near the Brazos River, this 15th day of May, 13652 A. B. 1846, between P. M. Butler and M. G. Lewis, commis- 13653 sioners on the part of the United States, of the one part, and 13654 the undersigned chiefs, counsellors, and warriors of tJie 13655 Comanche, l-on-i, Ana-da-ca, Cadoe, Lepan, Long-wha, Keechy, 13656 Tah-wa-carro, Wi-chita, and Wacoe tribes of Indians, and 13657 their associate bands, in behalf of their said tribes, on the 13658 other part. 13659 Abticlb 1. The undersigned chiefs, warriors, and counsel- 13660 lors, for themselves and their said tribes or nations, do hereby 13661 acknowledge themselves to "be under the protection of the United 13662 States, and of no other power, state, or sovereignty whatever. 13663 Article 2, It is stipulated and agreed by the said tribes or 13664 nations, and their associate bands, that the United States shall 13665 have the sole and exclusive right of regulating trade and inter- 13666 course with them, and they do hereby respectively engage to af- 13667 ford protection to such persons, with their property, as shall be 13668 duly licensed to reside among them for the purpose of trade and 13669 intercourse, and to their agents and servants, but no person shall 13670 be permitted to reside among them as a trader who is not 13671 furnished with a license for that purpose, under the hand and 13672 seal of the superintendent to be appointed by the President of 13673 the United States or such other person as the President shall an- 13674 thorize to grant such licenses, to the end that said Indians may 13675 not be imposed on in their trade; and if any licensed trader 13676 shall abuse his privilege by unfair dealing, upon complaint by 13677 the chiefs to their agents and proof thereof, his license shall be 13678 taken from him, and he shall be further punished according to 13679 the laws of the United States ; and if any person shall intrude 13680 himself as a trader without such license, upon complaint he shall 13681 be dealt with according to law. 13682 Article 3. Stricken out. 13683 Article 4. The said tribes and their associate bands agree 13684 to deliver, by the first day of November next, to the superintend- 13685 ent of Indian affairs to be appointed by the President, at such 13686 place as he may direct, due notice of which shall be given to the 13687 said tribes, all white persons and negroes who are now prisoners 13688 among any of the said tribes or nations, for which the United 13689 States agree to make to them a fair compensation ; and the 13690 United States further agree to make [thatj all the prisoners taken §07 13691 from said tribes by Texas or the United States, shall be deliv- 13692 ered up to the said tribes, at the same time and place, -without 13693 charge. And when any member of any of said tribes or nations, 13694 and their associate bands, having in his possession an Ameri- 13695 can prisoner or prisoners, -white or black, shall refuse to give 13696 them up, the President of the United States shall have the privi- 13697 lege of sending among said tribes or nations such force as he 13698 may think necessary to take them ; and the chiefs of the nations 13699 or tribes, parties to this treaty, pledge tliemselves to give pre 13700 tection and assistance to such persons as may be sent among 13701 them for this purpose. 13702 Article 5. Stricken out. 13703 Aeticle 6. The said tribes and their associate bands pledge 13704 themselves to give notice to the agent of the United States re- 13705 siding near them of any designs which they may know or sus- 13706 pect to [bej formed in any neighboring tribe, or by any per- 13707 son whatever, against the peace and interests of the United 13708 States. 13709 Article 7. It is agreed that, if any Indian or Indians shall 13710 commit a murder or robbery on any citizen of the United States^ 13711 the tribe or nation to which the oflender belongs sball deliver 13712 up the person or persons so complained of, on complaint being 13713 made to their chief, to the nearest post of the United States, to 13714 the end that he or they may be tried, and if found guilty, pun- 13715 ished, according to the law of the State or Territory where such 13716 offence may have been committed. In like manner, if any sub- 13717 ject or citizen of the United States shall commit murder or rob- 13718 bery on any Indian or Indians of the said tribes or nations, upon 13719 complaint thereof to the agent residing near them, he or they 13720 shall be arrested, tried, and punished according to the law of 13721 the State or Territory where such offence may have been com- 13722 mitted. 13723 Article 8. The practice of stealing horses has prevailed 13724 very much to the great disquiet of the citizens of the United 13725 States, and, if persisted in, cannot fail to involve both the United 13720 States and the Indians in endless strife. It is therefore agreed 13727 that it shall be put an entire stop to on both sides. Neverthe- 13728 less, should bad men, in defiance of this agreement, continue to 13729 make depredations of that nature, the person convicted thereof ■ 13730 shall be punished with the utmost severity, according to the 13731 laws of the State or Territory where the offence may have been 13732 committed ; and all horses so stolen, either by the Indians from 13733 the citizens of the United States or by the citizens of the United 13734 States from any of the said tribes or nations, into whose posses- 13735 sion soever they may have passed, upon due proof of rightful 13736 ownership, shall be restored ; and the chiefs of said tribes or 308 13737 nations shall give all necessary aid and protection to citizens of 13738 the United States in reclaiming and recovering sach stolen 13739 horses ; and the civil magistrates of the United States, respect- 13740 ively, shall give all necessary aid and protection to Indians in 13741 claiming and recovering such stolen horses. 13742 Aeticle 9. For the protection of said Indians and for the 13743 purpose of carrying out the stipulations of this treaty more 13744 effectually, the President shall, at his discretion, locate upon 13745 their borders trading-houses, agencies, and posts. In considera- 13746 tion of the friendly disposition of said tribes, evidenced by the 13747 stipulations in the present treaty, the commissioners of the 13748 United States, in behalf of the said States, agree to give to the 13749 said tribes or nations goods, as presents, at this time, and agree 13750 to give presents in goods to them, to the amount of ten thousand 13751 dollars, at such time as the President of the United States may 13752 think proper, [a) at the Council Springs, on the Brazos, where 13753 this council is now held, or at some other point to be designated, 13754 and of which due notice shall be given to said tribes. 13755 Article 10. The said tribes or nations and their associate 13756 bands are now, and forever agree to remain, at peace with the 13757 United States. .All animosities ' for past offences are hereby 13758 mutually ft)rgjven,.and forgotten, and the parties to this treaty 13759 pledge themselves to carry it into full execution, in good faith 13760 and sincerity. 13761 Article 11. And the said tribes and their associate bands 13762 are now, and agree to remain, friendly With such tribes as are 13763 now at peace with the United States, residing upon the waters 13764 of the Arkansas, Missouri, and Eed Eivers. 13765 Article 12. If any person or persons shall introduce ardent 13766 spirits or intoxicating liquors of any kind among said tribes or 13767 nations, such person or person [persons] shall be punished ac- 13768 cording to the laws of the United States, and the said tribes or 13769 nations agree to give immediate notice to the agent of the 13770 United States residing near them, and to prevent by any means 13771 in their power the violation of this article of treaty. 13772 Article 13. It is further agreed that blacksmiths shall be 13773 sent to reside among the said tribes or nations, to keep their 13774 guns and farming-utensils in order, as long and in such manner 13775 as the President may think proper. It is further agreed that 13776 school-teachers, at the discretion of the President, shall be sent 13777 among the said tribes or nations for the purpose of instructing 13778 them J and the said tribes or nations agree that preachers of the 13779 gospel may travel or reside among them by permission of the 13780 President or his agents to be appointed, and that ample protec- 13781 tion shall be afforded them in the discharge of their duties. 13782 Article 14. The said tribes or nations, parties to this treaty, 309 13783 are anxious to be at peace with all other tribes or nations, and 13784 it is agreed that the President shall use his exertions, in such 13785 manner as he may think proper, to preserve friendly relations 13786 between the different tribes or nations parties to this treaty, 13787 and all other tribes of Indians under his jurisdiction. 13788 Proclaimed March 8, 1847. 13789 COMANCHES, KIOWAS, AND APACHES. 13790 FranMin Pierce, President of the United States of America, to all 13791 and singular to whom these presents shall come, greeting : 13792 Whereas a treaty was made and concluded at Fort Atkin- 13793 son, on the twenty-seventh day of July, A. D. one thousand 13794 eight hundred and fifty-three, between the United States of 13795 America, by Thomas Pitzpatrick, Indian agent, and sole com- 13796 missioner duly appointed for that purpose, and the chiefs and 13797 head-men of the Camanche, Kiowa, and Apache tribes or nations 13798 of Indians, which treaty is in the words following, to wit : 13799 Articles of a treaty, made and concluded at Fort Atkinson, in 13800 the Indian Territory, of the United States of America, on 13801 the 27th daj' of July, anno Domini eighteen hundred and 13802 lifty-three, between the United States of America, by 13803 Thomas Fitzpatrick, Indian agent, and sole commissioner, 13804 duly appointed for that purpose, and the Camanche, and 13805 Kiowa, and Apache tribes or nations of Indians, inhabiting 13806 the said Territory south of the Arkansas Eiver. 13807 Akticle 1. Peace, friendship, and amity shall hereafter 13808 exist between the United States and the Camanche, and Kiowa, 13809 and Apache tribes of Indians, parties to this treaty, and the 13810 same shall be perpetual. 13811 Article 2. The Camanche, Kiowa, and Apache tribes of 13812 Indians do hereby jointly and severally covenant that peaceful 13813 relations shall likewise be maintained amongst themselves in 13814 future ; and that they will abstain from all hostilities whatsoever 13815 against each other, and cultivate mutual good-will and friend- 13816 ship. 13817 Article 3. The aforesaid Indian tribes do also hereby 13818 fully recognize and acknowledge the right of the United States 13819 to lay off and mark out roads or highways, to make reserva- 13820 tions of land necessary thereto, to locate depots, and to estab- 13821 lish military and other posts within the territories inhabited by 13822 the said tribes; and also to prescribe and enforce, in such man- 13823 ner as the President or the Congress of the United States shall 13824 from time to time direct, rules and regulations to protect the 13825 rights of persons and property among the said Indian tribes. 310 13826 Article 4. The Camanche, Kiowa, and Apache tribes^ 13827 parties as before recited, do further agree and bind themselves 13828 to make restitution or satisfaction for any injuries done by any 13829 band or any individuals of their respective tribes to the people 13830 of the United States who may be lawfully residing in or passing 13831 through their said teri'itories ; and to abstain hereafter from 13832 levying contributions from, or molesting them in any manner; 13833 and, so far as may be in their power, to render assistance to 13834 such as need relief, and to facilitate their safe passage. 13835 Article 5. The Oamanche, and Kiowa, and Apache tribes 13836 of Indians, parties to this treaty, do hereby solemnly covenant 13837 and agree to refrain in future from warlike incursions into the 13838 Mexican provinces, and from all depredations upon the inhab- 13839 itants thereof ; and they do likewise bind themselves to restore 13840 all captives that may hereafter be taken by any of the bands, 13841 war-parties, or individuals of the said several tribes, from the 13842 Mexican provinces aforesaid, and to make proper and just com- 13843 pensation for any wrongs that may be inflicted upon the people 13844 thereof by them, either to the United States or to the Eepublic 13845 of Mexico, as the President of the United States may direct and 13846 require. 13847 Article 6. In consideration of the foregoing agreements 13848 on the part of the Camanche, and Kiowa, and Apache tribes, 13849 parties to this treaty, of the losses which they may sustain by 13850 reason of the travel of the people of the United States through 13851 their territories, and for the better support, and the improve- 13852 ment of the social condition of the said tribes, the United 13853 States do bind themselves, and by these presents stipulate to 13854 deliver to the Camanche, Kiowa, and Apache tribes aforesaid, 13855 the sum of eighteen thousand dollars per annum, for and during 13856 the term of ten years next ensuing from this date, and for the 13857 additional term of five years, if, in the opinioii of the Presideiit 13858 of the United States, such extension shall be advisable ; the 13859 same to be given to them in goods, merchandise, provisions, or 13860 agricultural implements, or in such shape as may be best 13861 adapted to their wants, and as tlie President of the United 13862 States may designate, and to be distributed amongst the said 13863 several tribes in jiroportion to the respective numbers of each 13864 tribe. 13865 Article 7. The United States do moreover bind themselves, 13866 in consideration of the covenants contained in the preceding 13867 articles of this treaty, to protect and defend the Indian tribes, 13868 parties hereto, against the committal of any depredations upon 13869 them, and in their territories, by the people of the United 13870 States, for and during the term for which this treaty shall be in 311 13871 force, and to compensate them for any injuries that may result 13872 therefrom. 13873 Aeticlb 8. It is also stipulated and provided, by and be- 13874 tween the parties to this treaty, that should any of the Indian 13875 tribes aforesaid violate any of the conditions, provisions, or 13876 agreements herein contained, or fail to perform any of the obli- 13877 gations entered into on their part, then the United States may 13878 withhold the whole or a part of the annuities mentioned in the 13879 sixth article of this treaty, from the tribe so offending, until, in 13880 the opinion of the President or the Congress of the United States, 13881 proper satisfaction shall have been made, or s until persons 13882 amongst the said Indians offending against the laws of the 13883 United States shall have been delivered up to justice. 13884 Article 9. It is also consented to and determined between 13885 the parties hereto, that the annuities to be given on the part of 13886 the United States, as provided in the sixth article of this treaty, 13887 shall be delivered to the said Indian tribes collectively, at or in 13888 the vicinity of Beaver Creek, yearly, during the month of July 13889 in each year, until some other time and place shall have been 13890 designated by the President of the United States, in which 13891 event the said Indian tribes shall have due notice thereof, and 13892 the place of distribution which may be selected shall always be 13893 some point within the territories occupied by the said tribes. 13894 Article 10. It is agreed between the United States and 13895 the Gamanche, Kiowa, and Apache tribes of Indians, that 13896 should it at any time hereafter be considered by the United 13897 States as a proper policy to establish farms among and for the 13898 benefit of said Indians, it shall be discretionary with the Presi- 13899 dent, by and with the advice and consent of the Senate, to 13900 change the annuities herein provided for, or any part thereof, 13901 into a fund for that purpose. 13902 In witness whereof, the said Thomas Pitzpatrick, Indian 13903 agent, and sole commissioner on the part of the United States, 13904 and the undersigned chiefs and head-men of the Gamanche, and 13905 Kiowa, and Apache tribes or nations, have hereunto set their 13906 hands, at Fort Atkinson, in the Indian Territory of the United 13907 States, this twenty-seventh day of July, A. D. eighteen hundred 13908 and fifty-three. 13909 Proclaimed 12th February, 1854. 312 13910 Treaty between the United States of America and the Kiowa, Go- 13911 manche, and Apache tribes of Indians; concluded October 13912 21, 1867 ; ratification advised July 25, 1868. 13913 Andrew Johnson, President of the United States of America, 13914 to all and singular to whom these presents shall come, 13915 greeting: 13916 Whereas a treaty was made and concluded at the Council 13917 Gamp, on Medicine Lodge Creek, seventy miles south of Port 13918 Larned, in the State of Kansas, on the twenty-first day of Octo- 13919 ber, in the year of our Lord one thousand eight hundred and 13920 sixty-seven, by and between N. G. Taylor, Brevet Major-Gen- 13921 eral William S. Harney, Brevet Major-General C. C. Augur, Bre- 13922 vet Major-General Alfred H. Terry, John B. Sanborn, Sam- 13923 uel F. Tappan, and J. B. Henderson, commissioners, on the 13924 part of the United States, and Satanka, (Sitting Bear,) 13925 Sa-Tan-Ta, (White Bear,) Parry-Wah-Say-Men, (Ten Bears,) 13926 Tep-Pe-Navon, (Painted Lips,) Mah-Vip-Pah, (Wolf's Sleeve,) 13927 Kon Zhon-Ta-Co, (Poor Bear,) and other chiefs and head- 13928 men of the Kiowa, Comanche, and Apache tribes of Indians, 13929 on the part of said Indians, and duly authorized thereto 13930 by them, which treaty is in the words and figures following, 13931 to wit : 13932 Articles of a treaty concluded at the Council Camp on Medicine 13933 Lodge Creek, seventy miles south of Fort Larned, in the 13934 State of Kansas, on the twenty-first day of October, eighteen 13935 hundred and sixty-seven, by and between the United States 13936 of America, represented by its commissioners duly ap- 13937 pointed thereto, to wit: Nathaniel G. Taylor, William S. 13938 Harney, C. C. Augur, Alfred S. |H.| Terry, John B. San- 13939 born, Samuel F. Tappan, and J. B. Henderson, of the one 13940 part, and the Kiowa, Comanche, and Apache Indians, rep- 13941 resented by their chiefs and head-men duly authorized and 13942 empowered to act for the body of the people of said tribes, 13943 (the names of said chiefs and head-men being hereto sub- 13944 scribed,) of the other part, witness : 13945 Whereas, on the twenty-first day of October, eighteen huu- . 13946 dred and sixty-seven, a treaty of peace was made and entered 13947 into at the Council Camp, on Medicine Lodge Creek, seventy 13948 miles south of Fort Larned, in the State of Kansas, by and 13949 between the United States of America, by its commissioners, 13950 Nathaniel G. Taylor, William S. Harney, C. C. Augur, Alfred 13951 H. Terry, John B. Sanborn, Samuel F. Tappan, and J. B. Hen- 13952 derson, of the one part, and the Kiowa and Comanche tribes of 13953 Indians, of the Upper Arkansas, by and through their chiefs and 13954 head-men, whose names are subscribed thereto, of the other 313 13955 part, reference being had to said treaty : and whereas, since the 13956 making and signing of said treaty, at a council held at said 13957 camp on this day, the chiefs and head-men of the Apache Nation 13958 or tribe of Indians express to the commissioners on the part of 13959 the United States, as aforesaid, a wish to be confederated with 13960 the said Kiowa and Comanche tribes, and to be placed in every 13961 respect upon an equal footing with said tribes; and whereas, at 13962 a council held at the same place and on the same day, with the 13963 chiefs and head-men of the said Kiowa and Comanche tribes 13964 they consent to the confederation of said Apache tribe, as de- 13965 sired by it, upon the terms and conditions hereinafter set forth 13966 in this supplementary treaty : ISTow, therefore, it is hereby stip- 13967 ulated and agreed, by and between the aforesaid commissioners 13968 on the part of the United States and the chiefs and head-men 13969 of the Kiowa and Comanche tribes, and also the chiefs and head- 13970 .men of t]je said Apache tribe, as follows, to wit: 13971 Article 1. The said Apache tribe of Indians agree to 13972 confederate and become incorporated with the said Kiowa and 13973 Comanche Indians, and to accept as their permanent home the 13974 reservation described in the aforesaid treaty with said Kiowa 13975 and Comanche tribes, concluded as aforesaid at this place, and 13976 they pledge themselves to make no permanent settlement at 13977 any i^lace nor on any lands outside of said reservation. 13978 Article 2. The Kiowa and Comanche tribes. On their part, 13979 agree that all the benefits and advantages arising from the em- 13980 ployment of physicians, teachers, carpenters, millers, engineers, 13981 farmers, and blacksmiths, agreed to be furnished under the pro- 13982 visions of their said treaty, together with all the advantages to 13983 be derived from the construction of agency buildings, ware- 13984 houses, mills, and other structures, and also from ..the establish- 13985 ment of schools upon their said reservation, shall be jointly and 13986 equally shared and enjoyed by the said Apache Indians, as 13987 though they had been originally a part of said tribes; and they 13988 further agree that all other benefits arising from said treaty shall 13989 be jointly and equally shared as aforesaid. 13990 Article 3. The United States, on its part, agrees that 13991 clothing and other articles named iu Article X of said original 13992 treaty, together with all money or other annuities agreed to be 13993 furnished under any of the provisions of said treaty, to the Kio- 13994 was and Comanches, shall be shared equally by the Apaches. 13995 In all cases where specific articles of clothing are agreed to be 13996 furnished to the Kiowas and Comanches, similar articles shall 13997 be furnished to the Apaches, and a separate census of the 13998 Apaches shall be annually taken and returned by the agent, as 13999 provided for the other tribes. And the United States further 14000 agrees, in consideration of the incorporation of the said Apaches, 40 IT 314 14001 to increase the aunual appropriation of money, as provided for 14002 in Article X of said treaty, from twenty-five thousand to thirty 14003 thousand dollars ; and the latter amount shall be annually ap- 14004 propriated, for the period therein named, for the use and benefit 14005 of said three tribes, confederated as herein declared ; and the 14006 clothing and other annuities, which may from time to time be 14007 furnished to the Apaches, shall be based upon the census of the 14008 three tribes, annually to be taken by the agent, and shall be 14009 separately marked, forwarded, and delivered to them at the 14010 agency hOnse, to be built under the provisions of said original 14011 treaty. 14012 Article 4. In consideration of the advantages conferred 14013 by this supplementary treaty upon the Apache tribe of Indians, 14014 they agree to observe and faithfully comply with all the stipula- 14015 tions and agreements entered into by the Kiowas and Comanches 14016 in said original treaty. They agree, in the san^p manner, to keep 14017 the peace toward the whites and all other persons under the ju- 14018 risdiction of the United States, and to do and perform all other 14019 things enjoined upon said tribes by the provisions of said treaty ; 14020 and they hereby give up and forever relinquish to the United 14021 States all rights, privileges, and grants now vested in them, or 14022 intended to be transferred to them by the treaty between the 14023 United States and the Cheyenne and Arapahoe tribes of Indians, 14024 concluded at the camp on the Little Arkansas Eiver, in the State 14025 of Kansas, on the fourteenth day of October, one thousand eight 1402G hundred and sixty-five, and also by the supplementary treaty, 14027 concluded at the same place on the seventeenth day of the same 14028 month, between the United States, of the one part, and the 14029 Cheyenne, Arapahoe, and Apache tribes, of the other part. 14030 Proclaimed August 25, 1858. 14031 CAMANCHBS AND KIOWAS. 14032 Treaty between the United States of America and the Gamanche 14033 and Kiowa tribes of Indians, concluded October 18, 1865 ; 14034 ratification advised May 22, 1866. r 14035 Andrew Johnson, President of the United States of America, 14036 to all and singular to whom these presents shall come, 14037 greeting : 14038 Whereas a treaty was made and concluded at the council- 14039 ground on the Little Arkansas Eiver, in the State of Kansas, on 14040 the eighteenth day of October, in the year of our Lord one 14041 thousand eight hundred and sixty-five, by and between John B. 315 14042 Sanborn, William S. Harney, Kit Oarson, William W. Bent, James 14043 Steele, Thomas Murphy, and J. H. Leavenworth, commissioners, 14044 onthepartof the United States, andTab-e-nan-i-ka;h, (EisingSun,) 14045 Esh-e-tave-pa-rah, (Female Infant,) and other chiefs and head- 14046 men, on the part of the Oamanche bands of Indians, and Queil- 14047 park, (Lone Wolf,) Wah-toh-konk, (Black Eagle,) and other 14048 chiefs and head-men, on the part of the Kiowa tribe of Indians, 14049 all of which chiefs and head-men were duly authorized thereto 14050 by their respective bands and tribes, which treaty is in the words 14051 and figures following, to wit : 14052 Articles of a treaty made and concluded at the council-ground 14053 on the Little Arkansas Eiver, eight miles from the mouth 14054 of said river, in the State of Kansas, on the eighteenth day 14055 of October, in the year of onr Lord one thousand eight 1405C hundred and sixty-five, by and between John B. Sanborn, 14057 William S. Harney, Thomas Miirphy, Kit Carson, William 14058 W. Bent, Jesse H, Leavenworth, and James Steele, com- 14059 missioners on the part of the United States, and the under- 14060 signed chiefs and head-men of the several bands of Oamanche 14061 Indians specified in connection with their signatures, and 14062 the chiefs and head-men of the Kiowa tribe of Indians, the 14063 said chiefs and head-men by the said bands and tribes being 14064 thereunto duly authorized. 14065 Article 1. It is agreed by the parties to this treaty that 34066 hereafter perpetual peace: shall be maintained between the peo- 14067 pie and Government of the United States and the Indians 14068 parties hereto, and that the Indians parties hereto shall forever 14069 remain at peace with each other and with all other Indians who 14070 sustain friendly relations with the Government of the United 14071 States. 14072 For the purpose of enforcing the provisions of this article, 14073 it is agreed that in case hostile acts or depredations are com- 14074 mitted by the people of the United States, or by the Indians on 14075 friendly terms with the United States, against the tribe or tribes 14076 or the individual members of the tribe or tribes who are parties 14077 to this treaty, such hostile acts or depredations shall not be re- 14078 dressed by a resort to arms, but the party or parties aggrieved 14079 shall submit their complaints, through their agent, to the Pres- 14080 ident of the United States, and thereupon an impartial arbitra- 14081 tion shall be had under his direction, and the award thus made 14082 shall be binding on all parties interested, and the Government 14083 of the United States will in good faith enforce the same. 14084 And the Indians parties hereto, on their part, in case crimes 14085 or other violations of law shall be committed by any person or 14086 persons members of their tribe, such person or persons shall, 14087 upon complaint being made in writing to their agent, superin- 316 14088 teudent of Indian aifairs, or to other proper authority, by the 14089 party injured, and verified by affidavit, be delivered to the per- 14090 son duly authorized to take such person or persons into custody, 14091 to the end that such person or persons maybe punished accord- 14092 ing to the laws of the United States. 14093 AUTICLE 2. The United States hereby agree that the dis- 14094 trict of country embraced within the following limits, or such 14095 portion of the same as may hereafter from time to time be desig- 14096 nated by the President of the United States for that purpose, 14097 viz, commencing at the northeast corner of New Mexico, thence 14098 south to the southeast corner of the same, thence northeast- 14099 wardly to a point on main Eed Eiver opposite the mouth of the 14100 North Fork of said river, thence down said river to the 98th degree. 14101 of west longitude, thence due north on said meridian to the Cima- 14102 rone river, thence up said river to a point where the same crosses 14103 the southern boundary of the State of Kansas, thence along said 14104 southern boundary of Kansas to the southwest corner of said 14105 State, thence west to the place of beginning, shall be, and is hereby, 14106 set apart for the absolute and undisturbed use and occupation of 14107 the tribes who are parties to this treaty, and of such other 14108 friendly tribes as have heretofore resided within said limits, or 14109 as they may from time to time agree to admit among them, and 14110 that no white person except officers, agents, and employes of 14111 the Government shall go upon or settle within the country em- 14112 braced within said limits, unless formally admitted aud iucor- 14113 porated into some one of the tribes lawfully residing there, ac- 14114 (Wording to its laws and usages. The Indians parties hereto on- 14115 their part expressly agree to remove to aud accept as their per- 14116 manent home the country embraced within said limits, whenever 14117 directed so to do by the President of the United States, in 14118 accordance with the provisions of this treaty, and that they will 14119 not go from said country for hunting purposes without the con- 14120 sent in writing of their agent or other authorized person, speci- 14121 fying the purpose for which such leave is granted, and such 14122 written consent in all cases shall be borne with them upon their 14123 excursions, as evidence that they are rightfully away from their 14124 reservation, and shall be respected by all officers, employes, and 14125 citizens of the United States, as their sufficient safeguard and 14126 protection against injury or damage in person or property, by 14127 any and all persons whomsoever. It is further agreed by the lu- 14128 dians parties hereto, that when absent from their reservation, 14129 they will refrain from the commission of any depredations or in- 14130 juries to the person or property of all persons sustaining friendly 14131 relations with the Government of the United States; that they 14132 will not while so absent encamp, by day or night, within ten 14133 miles of any of the main travelled routes or roads through the 317 1.4134 country to which they go, or of the military posts, towns, or vil- 14135 lages therein, without the consent of the commanders of such 14136 military posts, or of the civil authorities of such towns or villages, 14137 and that henceforth they will, and do hereby, relinquish all claims 14138 or rights in and to any portion of the United States or territo- 14139 lies, except such as is embraced within the limits aforesaid, and 14140 more especially their claims and rights in and to the country 14141 north of the Cimarone Eiver, and west of the eastern boundary 14142 of New Mexico. 14143 Article 3. It is farther agreed that until the Indians par- 14144 ties hereto have removed to the reservation provided for by the 14145 preceding article, in pursuance of the stipulations thereof, said 14146 Indians shall be, and they are hereby, expressly permitted to reside 14147 upon and range at pleasure throughout the unsettled portions of 14148 that part of the country they claim as originally theirs, which lies 14149 south of the Arkansas Eiver, as well as the country embraced 14150 within the limits of the reservation provided for by the preceding 14151 article, and that they shall and will not go elsewhere, except upon 14152 the terms and conditions prescribed by the preceding article in rela- 14153 tion to leaving said reservation: Provided, That the provisions 14154 of the preceding article in regard to encamping within ten miles 14155 of main travelled routes, military posts, towns, and villages, 14156 shall be in full force as to the privileges granted by this article : 14157 And provided furtlier, That they, the said Indians, shall and will 14158 at all times, and without delay, report to the commander of the 14159 nearest military post the presence in, or approach to, said 14160 country of any hostile band or bands of Indians whatever. 14161 AuTiCLE 4. It is further agreed by the parties hereto that 14162 the United States may lay off and build through the reservation, 14163 provided for by Article 2 of this treaty, roads or highways as 14164 may be deemed necessary, and may also establish such military 14165 posts within the same as may be found necessary, in order to 14166 preserve peace among the Indians, and in order to en- 14167 force such laws, rules, and regulations as are now or may from 14168 time to time be prescribed by the President and Congress of the 14169 United States for the protection of the rights of persons and 14170 property among the Indians residing upon said reservation ; and 14171 further, that in time of war such other military posts as may be ' 14172 considered essential to the general interests of the United States 14173 may be established : Provided, however, That upon the building 14174 of such roads, or establishment of such military posts, the 14175 amount of injury sustained by reason thereof by the Indians in- 14176 habiting said reservation shall be ascertained under direction of 14177 the President of the United States, and thereupon such com- 14178 pensation shall be made to said Indians as, in the judgment of 318 14179 the Congress of the United States, may be deemed just and 14180 proper. 14181 Article 5. Superseded by Article 10 of treaty of October 21, 14182 1867, page 322. 14183 Article 6. The Indians parties to this treaty expressly 14184 covenant and agree that they will use their utmost endeavors 14185 "to induce that portion of the respective tribes not now present 14186 to unite with them'and accede to the provisions of this treaty, 14187 which union and accession shall be evidenced and made binding 14188 on all parties whenever such absentees shall have participated 14189 in the beneficial provisions of this treaty. 14190 Proclaimed May 26, 186& 14191 Treaty between the United States of America and the Kiowa and 14192 Comanche tribes of Indians, concluded October 21, 1867; 14193 ratification advised July 25, l^QS; proclaimed August 25, 14194 1868. 14195 Andrew Johnson, President of the United States of America, 14196 to all and singular to whom these presents shall come, 14197 greeting : 14198 [Note by the Department op State. — The words of this 14199 treaty which are put in brackets with an asterisk are written in 14200 the original with black pencil, the rest of the original treaty 14201 being written with black ink.] 14202 Whereas a treaty was made and concluded at the Council 14203 Camp, on Medicine Lodge Creek, seventy miles south of Port 14204 Larned, in the State of Kansae, on the twenty-first day of Oc- 14205 tober, in the year of our Lord one thousand eight hundred and 14206 sixty-seven, by and between N. G-. Taylor, Brevet Major-General 14^07 William S. Harney, Brevet Major-General C. C. Augur, Brevet 14208 Major-General Alfred H. Terry, John B. Sanborn, Samuel P. 14209 Tappan, and J. B. Henderson, commissioners on the part of the 14210 United States, and Satank, (Sitting Bear,) Sa-Tan-Ta, (White 14211 Bear,) Pa.rry-Wah-Say-Men, (Ten Bears,) and Tep-Pe-Navon, 14212 (Painted Lips,) and other chiefs and head-men of the Kiowa and 14213 Comanche tribes of Indians, on the part of said Indians, and 14214 duly authorized thereto by them, which treaty is in the words 14215 and figures following, to wit : 14216 Articles of a treaty and agreement made and entered into at the 14217 Council Camp, on MedicineLodge Creek, seventy milessouth 14218 of Fort Larned, in the State of Kansas, on the twenty-first 14219 day of October, one thousand eight hundred and sixty- 14220 seven, by and between the United States of America, repre- 14221 sen ted by its commissioners duly appointed thereto, to wit,, 319 14222 jSTathaniel G. Taylor, William S. Harney, C. 0. Augur, 14223 Alfred S. [H.] Terry, John B. Sanborn, Samuel F. Tappan, 14224 and J. B. Henderson, of the one part, and the confederated 14225 tribes of Kiowa and Gomanche Indians, represented by 14226 their chiefs and head-men, duly authorized and empowered 14227 to act for the body of the people of said tribes, (the. names 14228 of said chiefs and head-men being hereto subscribed,) of the 14229 other part, witness : 14230 Aeticlb 1. From this day forward all war between the 14231 parties to this agreement shall forever cease. 14232 The Government of the United States desires peace, and 14233 its honor is here pledged to keep it. The Indians desire peace, 14234 and they now pledge their honor to maintain it. If bad men 14235 among the whites, or among other people subject to the 14236 authority of the TJuited States, shall commit any wrong upon 14237 the person or property of the Indians, the United States will,, 14238 upon proof made to the agent and forwarded to the Commis- 14239 sioner of Indian Affairs at Washington City, proceed at once to 14240 cause the offender to be arrested and punished according to the 14241 laws of the United States, and also re-imburse the injured person 14242 for the loss sustained. 14243 If bad men among the Indians shall commit a wrong or 14244 depredation upon the person or property of any one, white, 14245 black, or Indians, subject to the authority of the United States 14246 and at peace therewith, the tribes herein named solemnly agree 14247 that they will, on proof made to their agent and notice by him, 14248 deliver up the wrong-doer to the United States, to be tried and 14249 punished according to its laws, and in case they wilfully refuse 14250 so to do, the person injured shall be reimbursed for his loss from 14251 the annuities or other moneys due or to become due to them 14252 under this or other treaties made with the United States. And 14253 the President, on advising with the Commissioner of Indian 14254 Affairs, shall prescribe such rules and regulations for ascertain- 14255 ing damages under the provisions of this article as, in his judg- 14256 ment, may be proper; but no such damages shall be adjusted 14257 and paid until thoroughly examined and passed upon by the 14258 Commissioner of Indian Affairs and the Secretary of the Inte- 14259 rior ; and no one sustaining loss, while violating or because of 14260 his violating the provisions of this treaty or the laws of the 14261 United States, shall be re-imbursed therefor. 14262 Aeticle 2. The United States agrees that [the*] following 14263 district of country, to wit: commencing at a point where the 14264 Washita Elver crosses the 98th meridian west from Greenwich ; 14265 thence up the Washita Eiver, in the middle of the main channel 14266 thereof, to a point thirty miles, by river, west of Fort Cobb, as 14267 now established ; thence due west to the north fork of Eed 320 14268 Eiver, provided said line strikes said river east of the one hiia- 14269 dredth meridian of west longitude ; if not, then only to said 14270 meridian-line, and thence south, on said meridian-line, to the 14271 said north fork of Eed Eiver ; thence down said north fork, in 14272 the middle of the main channel thereof, from the point where it 14273 . may be first intersected by the lines above described, to the 14274 main Eed Eiver ; thence down said river, in the middle of the 14275 main channel thereof, to its intersection with the ninety-eighth 14276 meridian of longitude west from Greenwich ; thence north, on 14277 said meridian-line, to the place of beginning, shall be, and the 14278 same is hereby, set apart for the absolute and undisturbed use 14279 and occupation of the tribes herein named, and for such other 14280 friendly tribes or individual Indians as, from time to time, they 14281 may be willing [with the consent of the United States*] to admit 14282 among them ; and the United States now solemnly agrees that 14283 no persons except those herein authorized so to do, and except 14284 such officers, agents, and employ<§s of the Government as maybe 14285 authorized to enter upon Indian reservation in discharge of 14286 duties enjoined by law, shall ever be permitted to pass over, settle 14287 ujion, or reside in the territory described in this article, or in 14288 such territory as may be added to this reservation, for the use 14289 of said Indians. 14290 Article 3. If it should appear from actual survey or other 14291 satisfactory examination of said tract of land that it contains 14292 less than one hundred and sixty acres of tillable land for each 14293 person who, at the time, may bo authorized to reside on it under 14294 the provisions of this treaty, and a very considerable number of 14295 such persons shall be disposed to commence cultivating the soil 14296 as farmers, the United States agrees to set apart for the use of 14297 said Indians, as herein provided, such additional quantity of 14298 arable land adjoining to said reservation, or as near the same 14299 as it can be obtained, as may be required to provide the neces- 14300 sary amount. 14301 Article 4. The United States agrees, at its own proper ex- 14302 pense, to construct, at some place near the centre of said reser- 14303 vation, where timber and water may be convenient, the foUow- 14304 ing buildings, to wit : A warehouse or store-room for the use of 14305 the agent, in storing goods belonging to the Indians, to cost not 14306 exceeding fifteen hundred dollars ; an agency-building for the 14307 residence of the agent, to cost not exceeding three thousand 14308 dollars ; a residence for the physician, to cost not more than three 14309 thousand dollars ; and five other buildings, for a carpenter, 14310 farmer, blacksmith, miller, and engineer, each to cost not ex- 14311 ceeding two thousand dollars ; also a school-house or mission- 14312 building, so soon as a sufficient number of children can be in- 321 14313 duced by the agent to attend schoolj which shall not cost exceed- 14314 ing. five thousand dollars. 14315 The United States agrees further to cause to be erected on 14316 said reservation, near the other buildings herein authorized, a 14317 good steam circular-saw mill, with a grist-mill and shingle-ma- 14318 chine attached ; the same to cost not exceeding eight thousand 14319 dollars. 14320 Article 5. The United States agrees that the agent for , the 14321 said Indians in the future shall make his home at the agency- 14322 building; that he shall reside among them, and keep an office 14323 open at all times, for the purpose of prompt and diligent inquiry 14324 into such matters of complaint by and against the Indians as 14325 may be presented for investigation under the provisions of their 14326 treaty stipulations, as also for the faithful discharge of other 14327 duties enjoined on him by law. In all cases of depredation on 14328 person or property, he shall cause the evidence to be taken in 14329 writing and forwarded, together with his findings, to the Com- 14330 missioner of Indian Affairs, whose decision, subject to the re- 14331 vision of the Secretary of the Interior, shall be binding on the 14332 parties to this treaty. 14333 Akticle 6. If any individual belonging to said tribes 14334 of Indians, or legally incorporated with them, being the 14335 head of a family, shall desire to commence farming, he 14336 shall have the, privilege to select, in the presence and 14337 with the assistance of the agent then in charge, a tract of 14338 land within said reservation, not exceeding three hundred 14339 and twenty acres in extent, which tract, when so selected, 14340 certified, and recorded in the "land book" as herein directed, 14341 shall cease to be held in common, but the same may be occupied 14342 and held in the exclusive possession of the person selecting it, 14343 and of his family, so long as he or they may continue to cultivate 14344 it. Any person over eighteen years of age, not being the head 14345 of a family, may in like manner select and cause to be certified 14346 to him or her, for purposes of cultivation, a quantity of land not 14347 exceeding eighty acres in extent, and thereupon be entitled to 14348 the exclusive possession of the same, as above directed. For 14349 each tract of land so selected a certiflcate, containing a descrip- 14350 tion thereof and the name of the person selecting it, with a cer- 14351 tificate indorsed thereon that the same has been recorded, shall 14352 be delivered to the party entitled to it, by the agent, after the 14353 same shall have been recorded by him in a book to be kept in 14354 his office, subject to inspection, which said book shall be known 14355 as the " Kiowa and ^Comanche land book." The President 143oQ may at any time order a survey of the reservation, and, when 14357 so surveyed. Congress shall provide for protecting the rights of 14358 settlers in their improvements, and may fix the character of the 41 I T 322 14359 title hold by each. The United States may pass stich laws oti 14360 the subject of alienation and descent of property and on all sub- 14361 jects connected with the government of the said Indians on said 14362 reservations, atid the internal police thereof, as may be thought 14363 proper. 14364 Article 7. In order to insure the civilization of the tribes 14365 entering into this treaty, the necessity of education is admit- 14366 ted, especially by such of them as are or may be settled on said 14367 agricultural reservations ; and they therefore pledge themseilves 14368 to compel their children, male and female, between the ages of 14369 Six and sixteen years, to attend school ; and it is hereby made 14370 the duty of the agent for said Indians to see that this stipula- 14371 tion is strictly complied with ; and the United States agrees 14372 that for every thirty children between said ages, who can be in- 14373 duced or compelled to attend school, a house shall be provided, 14374 and a teacher competent to teach the elementary branches of an 14375 English education shall be furnished, who will reside among 14376 said Indians, and faithfully discharge his or her duties as a 14377 teacher. The provisions of this article to continue for not less 14378 than twenty years. 14379 Article 8. When the head of a family or lodge shall have 14380 selected lands and received his certificate as above directed, and 14381 the agent shall be satisfied that he intends in good faith to 14382 commence cultivating the soil for a living, he shall be entitled 14383 to receive seeds and agricultural implements for the first year, 14384 not exceeding in value one hundred dollars, and for each suc- 14385 ceeding year he shall continue to farm, for a period' of three 14386 years more, he shall be entitled to receive seeds and implements 14387 as aforesaid not exceeding in value twenty-five dollars. And 14388 it is further stipulated that such persons as commence farriiing 14389 shall receive instruction from the farmer herein provided for, and 14390 whenever more than one hundred persons shall enter upon the 14391 cultivation of the soil, a second blacksmith shall be provided, 14392 together with such iron, steel, and other material as may be 14393 needed. 14394 Article 9. At any time after ten years from the making of 14395 this treaty the United States shall have the privilege of with- 14396 drawing the physician, farmer, blacksmiths, carpenter, engineer, 14397 and miller herein provided for; but, in case of such withdrawal, 14398 an additional sum thereafter of ten thousand dollars per annum 14399 shall be devoted to the education of said Indians, and the Oom- 14400 uiissioner of Indian Affairs shall, upon careful inquiry into the 14401 condition of said Indians, make such riileis and regulations for 14402 the expenditure of said sum as will best promote the educatipnal 14403 and moral improvement of said tribes. 14404 Article 10. In lieu of all sums of money or other annul- 323 14405 ties provided to be paid to the ladians hereiu named, under the 144Q6 tre^aty of October eighteenth, one thousand eight hundred and 14407 sixty-five, "made at the mouth of the " Little Arkansas," and 14408 under all treaties made previous thereto, the United States 14409 agrees to deliver at the agency-house on the reservation herein 14410 named, on the fifteenth day of October of each year, for thirty 14411 years, the following articles, to wit: 14412 For each male person over fourteen years of age, a suit of 14413 good substantial woollen clothing, consisting of coat, pantaloons, 14414 flannel shirt, hat, and a pair of home-made socks. For each 14415 female over twelve years of age, a flannel skirt, or the goods 14416 necessary to make it, a pair of woollen hose, and twelve yards of 14417 calico, and twelve yards of " domestic." 14418 For the boys and girls under the ages named, such flannel 14419 and cotton goods as may be needed, to make each a suit as afore- 14420 said, together with a pair of woollen hose for each; and in order 14421 that the Commissioner of Indian Affairs may be able to estimate 14422 properly for the articles herein named, it shall be the duty of 14423 the agent, each year, to forward him a full and exact census of 14424 the Indians on which the estimates from year to year can be 14425 based; and, in addition to the clothing herein named, the sum 14426 ,of twenty-five thousand dollars shall be annually appropriated 14427 for a period of thirty years, to be used by the Secretary x)f the 14428 Interior in the purchase of such articles, upon the recommenda- 14429 tion of the Commissioner of Indian Affairs, as from time to time 14430 the condition and necessities of the Indians may indicate to be 14431 • proper; and if at any time within the thirty years it shall appear 14^32 that the amount of money needed for clothing under this article 14433 can be appropriated to better uses for the tribes herein named, 14434 Congress may by law change the appropriation to other purposes, 14435 but in no event shall the amount of this appropriation- be with- 14436 drawn or discontinued for the period named; and the President 14437 shall annually detail an officer of the Army to be present and 14438 attest the delivery of all the goods herein named to the Indians, 14439 and he shall inspect and report on the quantity and quality of 14440 the goods and the manner of their delivery. 14441 Ajbticle 11. In consideration of the advantages and ben- 14442 efits conferred by this treaty, and the many pledges of friend- 14443 ship by the United States, the tribes who are parties to this 14444 agreement hereby stipulate that they will relinquish all right to 14445 occupy permanently the territory outside of their reservation, 14446 as herein defined, but they yet reserve the right to hunt on any 14447 lands south of the Arkansas fEiver,*] so long as the buffalo may 14448 ra,nge thereon in such numbers as to justify the chase, [and no 14449 white settlements shall be permitted on any part of the lands 14450 contained in the old reservation, as defined by the treaty made 324 14451 between the United States and the Cheyenne, Arapahoe, and 14452 Apache tribes of Indians at the month of the Little Arkansas, 14453 under date of October fourteenth, one thousand eight hundred 14454 and sixty-five, within three years from this date ;*] and they, 14455 [the said tribes,*] further expressly agree — 14456 1st. That they will withdraw all opposition to the construc- 14457 tion of the railroad now being built on the Smoky Hill Eiver, 14458 whether it be built to Colorado or Kew Mexico. 14459 2d. That they will permit the peaceable construction of any 14460 railroad not passing over their reservation as herein defined. 14461 3d. That they will not attack any persons at home, nor trav- 14462 elling, nor molest or disturb any wagon- trains, coaches, mules, 14463 or cattle belonging to the people of the United States, or to per- 14464 sons friendly therewith. 14465 4th. They will never captnre or carry off from the settle- 14466 ments white women or children. 14467 6th. They will never kill nor scalp white men, nor attempt 14468 to do them harm. 14469 6th. They withdraw aU pretence of opposition to the con- 14470 structionof the railroad now being built along the Platte Eiver 14471 and westward to the Pacific Ocean ; and they will not, in future, 14472 object to the construction of railroads, wagon-roads, mail-sta- 14473 tions, or other works of utility or necessity which may be or- 14474 dered or permitted by the laws of the United States. But should 14475 such roads or other works be conS|tructed on the lands of their 14476 reservation , the Government will pay the tribes whatever amount 14477 of damage may be assessed by three disinterested commis- 14478 sioners, to be appointed by the President for that purpose, one 14479 of said commissioners to be a chief or head-man of the tribes. 14480 7th. They agree to withdraw all opposition to the military 14481 posts now established in the western Territories. 14482 AetiOLB 12. Ko treaty for the cession of any portion or 14483 part of the reservation herein described, which may be held in 14484 common, shall be of any validity or force as against the said 14485 Indians, unless executed and signed by at least three fourths of 14486 all the adult male Indians occupying the same, and no cession 14487 by the tribe shall be understood or construed in such manner as 14488 to deprive, without his consent, any individual member of the 14489 tribe of his rights to any tract of land selected by him as pro- 14490 vided in Article III [VI] of this treaty. 14491 Article 13. The Indian agent, in employing a farmer, 14492 blacksmith, miller, and other employes herein provided for, 14493 qualifications being equal, shall give the preference to Indians. 14494 Article 14. The United States hereby agrees to furnish 14495 annually to the Indians the physician, teachers, carpenter, mil- 14496 ler, engineer, farmer, and blacksmiths, as herein contemplated, 325 14497 and that such appropriations shall be made from time to time, 14498 on the estimates of the Secretary of the Interior, as will be suf- 14499 flcient to employ such persons. 14500 Article 15. It is agreed that the sum of seven hundred 14501 and fifty dollars be appropriated for the purpose of building a 14502 dwelling-house on the reservation for " Tosh-e-wa," (or the Sil- 14503 ver Brooch,) the Comanche chief who has already commenced 14504 farming on the said reservation. And the sum of five hundred 14505 dollars annually, for three years from date, shall be expended in 14506 presents to the ten persons of said tribes who, in the judgment 14507 of the agent, may grow the most valuable crops for the period 14508 named. 14509 Akticlb 16. The tribes herein named agree, when the 14510 agency-house and other buildings shall be constructed on the 14511 reservation named, they will make said reservation their perma- 14512 nent home, and they wilf make no permanent settlement else- 14513 where, but they shall have the right to hunt on the lands south 14514 of the Arkansas Elver, formerly called theirs, in the same man- 14515 ner, subject to the modifications named in this treaty, as agreed 14516 on by the treaty of the Little Arkansas, concluded the eight- 14517 eenth day of October, one thousand eight hundred and sixty-five. 14518 Proclaimed August 25, 1868. 14519 OfiOWS. 14520 For the purpose of perpetuating the friendship which has 14521 heretofore existed, as also to remove all future cause of discus- 14522 sion or dissension, as it respects trade and friendship between 14523 the United States and their citazens and the Crow tribe of 14524 Indians, the President of the United States of America, by 14525 Brigadier-General Henry Atkinson, of the United States Army, 14526 and Major Benjamin O'Fallon, Indian agent, with full powers 14527 and authority, specially appointed and commissioned for that 14528 pui-pose, of the one part, and the undersigned chiefs, head-men, 14529 and warriors of the said Crow tribe of Indians on behalf of their 14530 tribe, of the other part, have made and entered into the following 14531 articles and conditions, which, when ratified by the President of 14532 the United States, by and with the advice and consent of the 14533 Senate, shall be binding on both parties, to wit : , 14534 Aeticlb 1. It is admitted by the Ctow tribe of Indians 14535 that they reside within the territorial limits of the United States, 14536 acknowledge their supremacy, and claim their protection. The 14537 said tribe also admit the right of the United States to regulate 14538 all trade and intercourse with them. 14539. Article 2. The United States agree to receive the Crow 32.6 14540 tribe of Indians into their friendship and under their protection, 14541 and to extend to them from time to time such benefits and acts 14542 of kindness as may be convenient, and seem just and proper to 14543 the President of the United States. 14544 Aeticle 3, All trade and intercourse with the Crow tribe 14545 shjall be transacted at such place or places as may be designated 14546 and pointed out by the President of the United States through 14547 his agents, and none but American citizens, duly authorized by 14548 the United States, shall be admitted to trade or hold intercourse 14549 with said tribe Df Indians. 14550 Article 4. That the Crow tribe may be accommodated with 14551 such articles of merchandise, &c., as their necessities may de- 14552 mand, the United States agree to admit and license traders to 14553 hold intercourse with said tribe, under mild and equitable regu- 14554 lations, in consideration of which, the Crow tribe bind themselves 14555 to extend protection to the persons and the property of the 14566 traders, and the persons legally employed under them, whilst 14557 they remain within the limits of their district of country. And 14558 the said Crow tribe further ag^ree, that if any foreigner or other 14559 person, not legally authorized by the United States, shall come 14560 into their district of country, for the purposes of trade or other 14561 views, they will apprehend such person or persons, and deliver 14562 him or them to some United States superintendent or agent of 14563 Indian aifairs, or to the commandant of the nearest military 14564 post, to be dealt with according to law. And they further agree 14565 to give safe-conduct to all persons who may be legally authorized 14566 by the United States to pass through their country, and to pro- 14567 tect in their persons and property all agents or other persons 14568 sent by the United States to reside temporarily among them; 14569 and that they will not, whilst on their distant excursions, molest or 14570 interrupt any American citizen or citizens, who may be passing 14571 from the United States to New Mexico, or returning from thence 14572 to the United States. 14573 Article 5. That the friendship which is now established 14574 between the United States and the Crow tribe should not be in- 14575 terrupted by the misconduct of individuals, it is hereby agreed 14576 that, for injuries done by individuals, no private revenge or 14577 retaliation shall take place, but, instead thereof, complaints shall 14578 be made, by the party injured, to the superintendent or agent 14579 of Indian affairs, or other person appointed by the President ; 14580 and it shall be the duty of said chiefs, upon complaint being 14581 made as aforesaid, to deliver up the person or pesrsons against 14582 whom the complaint is made, to the end that he or they may be 14583 punished, agreeably to the laws of the United States. And, in 14584 like manner, if any robbery, violencej or murder shall be com- 14585 mitted on any Indian or Indians belonging to the said tribe, the 327 14586 person or persons so ofiending shall be tried, and, if found 14587 guilty, shall be punished in like manner as if the injury had 14588 been done to a white man. And it is agreed that the chiefs of 14589 said Crow tribe shall, to the utmost of their power, exert them- 14590 selves to recover horses or other property which may be stolen 1 4591 or taken from any citazen or citazens of the United States by any 14592 individual or individuals of said tribe; and the property so re. 14593 covered shall be forthwith delivered to the agents or other per- 14594 son authorized to receive it, that it may be restored to the proper 14595 owner. And the United States hereby guaranty to any Indian 14596 or Indians of said tribe a full indemnification for any horses or 14597 other property which may be stolen from them by any of their 14598 citazens : Provided, That the property stolen cannot be recov- 14599 ered, and that sufficient proof is produced that it was actually 14600 stolen by a citazen of the United States. And the said tribe 14601 engage, on the requisition or demand of the President of the 14602 United States, or of the agents, to deliver up any white man 14603 resident among them. 14604 Article 6. And the chiefs and warriors, as aforesaid, prom- 14605 ise and engage that their tribe will never, by sale, exchange, or 14606 as presents, supply any nation, tribe, or band of Indians, not in 14607 amity with the United States, with guns, ammunition, or other 14608 implements of war. 14609 Proclaimed February 6, 1826. 14610 Treaty heticeen the United States of America and the Crow tribe of 14611 Indians; concluded May 7, 1868 ; ratification advised July 25, 14612 1868. 14613 Andrew Johnson, President of the United States of America, 14614 to all and singular to whom these presents shall come, greet- 14615 ing: 14616 Whereas a treaty was made and concluded at Port Laramie 14617 in the Territory of Dakota, on the seventh day of May, in the 14618 year of our Lord one thousand eight hundred and sixty-eight, by 14619 and between Lieutenant-General W. T. Sherman^ Brevet Major- 14620 General William S. Harney, Alfred H. Terry, Brevet Major-Gen- 14621 eral C. C. Augur, John B. Sanborn, and S. F. Tappan, commis 14622 sioners on the part of the United States, and Ohe-Ea-Pee-Ish-Ka- 14623 Te, Chat-Sta-He, and other chiefs and head-men of the Crow tribe 14624 of Indians, on the part of said Indians, and duly authorized 14625 thereto by them, which treaty is in the words and figures fol- 14626 lowing, to wit: 14627 Articles of a treaty made and concluded at Fort Laramie, Dakota 14628 Territory, on the seventh day of May, in the year of our Lord 328. 14629 one thouSaud eight hundred and sixty-eight, byrand between 14630 the undersigned commissidners on the part of the United 14631 States, and the uiidersigned chiefs and head-men of 'and 14632 representing the Crow Indians, they being duly authorized 14633 to act in the premises. ( H634 Akticle 1. From this day forward peace between the par- 14635 ties to this treaty shall forever continue. The Government of 14636 the United States desirec peace, and its honor is hereby pledged 14637 to keep it. The Indians desire peace, and they hereby pledge 14638 their honor to maintain it. If bad men among the whites or 14639 among other people, subject to the authority of the United States, 14640 shall commit any wrong upon the person or property of the In- 14641 dians, the United States will, upon proof made to the agent and 14642 forwarded to the Commissioner of Indian Affairs at Washington 14643 City, proceed at once to cause the offender to be arrested and 14644 punished according to. the laws of the United i: tates, and also 14645 re-imburse the injured person for the loss sustained. 14646 If bad men among the Indians shall commit a wrong or 14647 depredation upon the person or property of any one, white, black, 14648 or Indian, subject to the authority of the United States and at 14649 peace therewith, the Indians herein named solemnly agree that 14650 they will, on proof made to their agent and notice by him, deliver 14651 up the wrong-doer to the United States, to be tried and punished 14652 according to its laws ; and in case they refuse willfully so to do, 14653 the person injured shall be re-imbursed for his loss from the 14654 annuities or other moneys due or to become due to them under 14655 this or other treaties made with the United States. And the 14656 President, on advising with the Commissioner of Indian Affairs, 14657 shall prescribe such rules and regulations for ascertaining dam- 14658 ages under the provisions of this article as in his judgment may 14659 be proper. But no such damages shall be adjusted and paid 14660 until thoroughly examined and f assed upon by the Commissioner 14661 of Indian Affairs, and no one sustaining loss while violating, or 14662 because of his violating, the provisions of this treaty or the laws 14663 of the United States shall be re-imbursed therefor. 14664 Article 2. The United States agrees that the following 14665 district of country, to wit: commencing where the 107th degree 14666 of longitude west of Greenwich crosses the south boundary of 14667 Montana Territory ; thence north along said 107th meridian to 14668 the mid-channel of the Yellowstone Eiver ; thence up said mid- 14669 channel of the Yellowstone to the point where it crosses the 14670 said southern boundary of Montana, being the 45th degree of 14671 north latitude; and thence east along said parallel of latitude 14672 to the place of beginning, shall be, and the same is, set apart 14673 for the absolute and undisturbed use and occupation of the In- 14674 dians herein named, and for such other friendly tribes or indi- 329 14675 vidual Indians as from to time they may be willing, with the 14676 consent of the United States, to admit amongst them ; and the 14677 United States now solemnly agrees that no persons, except 14678 those herein designated and authorized so to do, and except 14679 such officers, agents, and employes of the Government as may be 14680 authorized to enter upon Indian reservations in discharge of 14681 duties enjoined by law, shall ever be permitted to pass over, 14682 settle upon, or reside in the territory described in this article 14683 for the use of said Indians, and henceforth they will, and do 14684 hereby, relinquish all title, claims, or rights in and to any por- 14685 tion of the territory of the United States, except such as is e^^ 14686 braced within the limits aforesaid. . 14687 Article 3. The United States agrees, at its own proper 14688 expense, to construct, on the south side of the Yellowstone, near 14689 Otter Creek, a warehouse or store-room for the use of the agent 14690 in storing goods belonging to the Indians, to cost not exceeding 14691 twenty -five hundred dollars; an agency-building for the resi- 14692 deuce of the agent, to cost not exceeding three thousand dol- 14693 lars; a residence for the physician, to cost not more than three 14694 thousand dollars; and five other buildings, for a carpenter, 14695 farmer, blacksmith, miller, and engineer, each to cost not ex- 14696 ceeding two thousand dollars ; also a school-house or mission- 14697 building, so soon as a sufficient number of children can be in- 14698 duced by the agent to attend, stboo], which shall not ftost ex- 14699 ceeding twenty-five hundred dollars. 14700 The United States agrees further to cause to be erected on 14701 said reservation, near the other buildings herein authorized, a 14702 good steam circular saw-mill, with a grist-mill and shingle-ma- 14703 chine attached, the same to cost not exceeding eight thousand 14704 dollars. 14705 Article 4. The Indians herein named agree, when the 14706 agency-house and other buildings shall be constructed on the 14707 reservation named, they will make said reservation their perma- 14708 nent home, and they will make no permanent settlement else- 14709 where, but they shall have the right to hunt on the unoccupied 14710 lauds of the United States so long as game may be found there- 14711 on, and as long as peace subsists among the whites and Indians 14712 on the borders of the hunting districts. 14713 Article 5. The United States agrees that the agent for 14714 said Indians shall in the future make his home at the agency- 14715 building; that he shall reside among them, and keep an office 14716 open at all times for the purpose of prompt and diligent inquiry 14717 into such matters of complaint, by and against the Indians, as 14718 may be presented for investigation under the provisions of their 14719 treaty stipulations, as also for the faithful discharge of other 14720 duties enjoined on him by law. In all cases of depredation on 42 I T 330 14721 person or property, he shall cause the evidence to be taken in 14722 writing, and forwarded, together with his finding, to the Com- 14723 missioner of Indian Affairs, whose decision shall be binding on 14724 the parties to this treaty. 14725 Aeticlb 6. If any individual belonging to said tribes of In- 14726 dians, or legally incorporated with them, being the head of a 14726 family, shall desire to commence farming, he shall have the priv- 14728 ilege to select, in the presence and with the assistance of the 14729 agent then in charge, a tract of land within said reservation, not 14730 exceeding three hundred and twenty acres in extent, which tract, 14731 when so selected, certified, and recorded in the " land book," as 14732 herein directed, shall cease to be held in common,but the same 14733 may be occupied and held in the exclusive possession of the per- 14734 son selecting it, and of his family, so long as he or they may con- 14735 tinue to cultivate it. 14736 Any person over eighteen years of age, not being the head 14737 of a family, may in like manner select and cause to be certified 14738 ' to him or her, for purposes of cultivation, a quantity of laud not 14739 exceeding eighty acres in extent, and thereupon be entitled to 14740 the exclusive possession of the same, as above directed. 14741 For each tract of land so selected a certificate, containing a 14742 description thereof and the name of the person selecting it, with 14743 a certificate endorsed thereon that the same has been recorded, 14744 shall be delivered to the party entitled to it by the agent, after 14745 the same shall have been recorded by him in a book to be kept 14746 inhis office, subject to inspection, which said book shall be known 14747 as the " Crow land book." 14748 The President may at any time order a survey of the reser- 14749 vation, and, when so surveyed. Congress shall provide for pro- 14750 tecting the rights of settlers in their improvements, and may fix 14751 the character of the title held by each. The United States may 14752 pass such laws on the subject of alienation and descent of prop- 14753 erty as between Indians, and on all subjects connected with the 14764 government of the Indians on said reservations and the internal 14755 police thereof, as may be thought proper. 14756 Aktiole 7. In order to insure the civilization of the tribe 14757 entering into this treaty, the necessity of education is admitted, 14758 especially by such of them as are, or maybe, settled on said ag- 14759 ricultural reservation ; and they therefore pledge themselves 14760 to compel their children, male and female, between the ages of 14761 six and sixteen years, to attend school ; and it is hereby made 14762 the duty of the agent for said Indians to see that this stipula- 14763 tion is strictly complied with ; and the United States agrees 14764 that for every thirty children between said ages, who can be iu- 14765 duced or compelled to attend school, a house shall be provided, 14766 and a teacher, competent to teach the elementary branches of an 331 14767 English education, shall be furnished who will reside among 14768 said Indians, and faithfully discharge his or her duties as a 14769 teacher. The provisions of this article to continue for twenty 14770 years. 14771 Article 8. When the head of a family or lodge shall have 14773 selected lands and received his certificate as above directed, and 14773 the agent shall be satisfied that, he intends in good faith to com- 14774 mence cultivating the soil for a living, he shall be entitled to 14775 receive seeds a.nd agricultural implements for the first year in 14776 value one hundred dollars, and for each succeeding year he shall 14777 continue to farm, for a period of three years more, he shall be en- 14778 titled to receive seeds and implements as aforesaid iu value 14779 tweuty-five dollars per annum. 14780 And it is further stipulated that such persons as commence 14781 farming shall receive instructions from the farmer herein pro 14782 vided for, and whenever more than one hundred persons shall 14783 enter upon the cultivation of the soil, a second blacksmith shall 14784 be provided with such iron, steel, and other material as maybe 14785 required. 14786 Article 9. In lieu of all sums of money or other annuities 14787 provided to be paid to the Indians herein named, under any 14788 and all treaties heretofore made with them, the United States 14789 agrees to deliver at the agency house, on the reservation herein 14790 provided for, on .the first day of September of each year for 14791 thirty years, the following articles, to wit : 14792 For each male person over fourteen years of age^ a suit of 14793 good substantial woolen clothing, consisting of coat, hskt, pant- 14794 aloons, flannel shirt, and a pair of woolen socks. 14795 For each female, over twelve years of age, a flannel skirtor 14796 the goods necessary to make it, a pair of woolen hose, twelve 14797 yards of calico, and twelve yards of cotton domestics. 14798 For the boys and girls under the ages named, such flannel 14799 and cotton goods as may be needed to make each a suit as afore- 14800 said, together with a pair of woollen hose for each. 14801 And in order that the Commissioner of Indian Affairs may 14802 be able to estimate properly for the articles herein named, it 14803 shall be the duty of the agent, each year, to forward to him a 14804 full and exact census of the Indians, on which the estimate from 14805 year to year can be based. 14806 And, in addition to the clothing herein named, the sum of 14807 ten dollars shall be annually appropriated for each Indian roam- 14808 ing, and twenty dollars for each Indian engaged in agriculture, 14809 for a period of ten years, to be used by the Secretary of the Inte 14810 rior in the purchase of such articles as, from time to time, the 14811 condition and necessities of the Indians may indicate to be proper ■ 14812 And if, at any time within the ten years, it shall appear that the 332 14813 amount of money needed for clothing, under this article, can be 14814 appropriated to better uses for the tribe herein named, Congress 14815 may, by law, change the appropriation to other purposes ; but 14816 in no event shall the amount of this appropriation be -withdrawn 14817 or discontinued for the period named. And the President shall 14818 annually detail an ofQcer of the Army to be present and attest 14819 the delivery of all the goods herein named to the Indians, and 14820 he shall inspect and report on the quantity and quality of the 14821 goods and the manner of their delivery ; and it is expressly stip. 14822 ulated that each Indian over the age of four years, who shall 14823 have removed to and settled permanently upon said reservation 14824 and complied with the stipulations of this treaty, shall be en. 14825 titled to receive from the United States, for the period of four 14826 years after he shall have settled upon said reservation, one pound 14827 of meat and one pound of flour per day, provided the Indians 14828 cannot farnish their own subsistence at an earlier date. And it 14829 is further stipulated that the United States will furnish and 14830 deliver to each lodge of Indians, or family of persons legally in- 14831 corporated with them, who' shall remove to the reservation herein 14832 described, and commence farming, one good American cow, and 14833 one good, well-broken pair of American oxen, within sixty days 14834 after such lodge or family shall have so settled upon said reserva- 14835 tion. 14836 Article 10. The United States hereby agrees to furnish 14837 annually to the Indians the physician, teachers, carpenter, miller, 14838 engineer, farmer, and blacksmiths as herein contemplated, and 14839 that such appropriations shall be made from time to time, on the 14840 estimates of the Secretary of the Interior, as will be sufiBcient to 14841 employ such persons. 14842 Article 11. No treaty for the cession of any portion of the 14843 reservation herein described, which may be held in common, 14844 shall be of any force or validity as against the said Indians un- 14845 less executed and signed by, at least, a majority of all the adult 14846 male Indians occupying or interested in the same, and no cession 14847 by the tribe shall be understood or construed in such manner as 14848 to deprive, without his consent, any individual member of the 14849 tribe of his right to any tract of land selected by him as providep 14850 in Article 6 of this treaty. 14851 Article 12. It is agreed that the sum of Ave hundred dol- 14852 lars annually, for three years from the. date when they commence 14853 to cultivate a farm, shall be expended in presents to the ten per- 14854 sons of said tribe who, in the judgment of the agent, may grow 14855 the moat valuable crops for the resj)ective year. 14856 Proclaimed August 12, 1808. 333 14857 DBLAWARBS. 14858 Articles of agreement and confederation made and entered into hy .14859 Andrew and Thomas Lewis, esquires, commissioners for and 14860 in hehalf of the United' States of North America, of the one 14861 part, and Captain White Eyes, Captain John Kill Biich,jun- 14862 ior, and Captain Pipe, deputies and chief men of the Delaivare 14863 Nation, of the other part. 14864 Article 1. That all oft'ences or acts of hostilities by one 14865 or either of the contracting parties against the other be matu- 14866 ally forgiven, and buried in the depth of oblivion, never more 14867 to be had in remembrance. 14868 Article 2. That a perpetual peace and friendship shall from 14869 henceforth take place and subsist between the contracting parties 14870 aforesaid, through all succeeding generations ; and if either of the 14871 parties are engaged in a just and necessary war with any other 14872 nation or nations, that then each shall assist the other in due 14873 proportion to their abilities, till their enemies are brought to 14874 reasonable terms of accommodation; and that if either of them 14875 shall discover any hostile designs forming against the other, 14876 they shall give the earliest notice thereof, that timeous measures 14877 may be taken to prevent their ill effect. 14878 Article 3. And whereas the United States are engaged in 14879 a just and necessary war, in defence and support of life, liberty, 14880 and independence, against the King of England and his adher- 14881 ents, and as said king is yet possessed of several posts and forts 14882 on the lakes and other i)laces, the reduction of which is of great 14883 importance to the peace and security of the contracting parties, 14884 and as the most practicable way for the troops of the United 14885 States to some of the posts and forts is by passing through the 14886 country of the Delaware Nation, the aforesaid deputies, on behalf 14887 of themselves and their nation, do hereby stipulate and agree to 14888 give a free passage through their country to the troops aforesaid, 14889 and the same to conduct by the nearest and best ways to the 14890 posts, forts, or towns of the enemies of the United States, 14891 affording to said troops such supplies of corn, meat, horses, or 14892 whatever may be in their power for the accommodation of such 14893 troops, on the commanding ofQcers, «&c., paying, or engageing to 14894 pay, the full value of whatever they can supply them with . And 14895 the said deputies, on the behalf of their nation, engage to join 14896 the troops of the United States aforesaid, with such a number 14897 of their best and most expeart warriors as they can spare, con- 14898 sistent with their own safety, and act in concert with them ; and 14899 for the better security of the old men, women, and children of 334 14900 the aforesaid nation, whilst their warriors are engaged against 14901 the common enemy, it is agreed on the part. of the United States 14902 that a fort of sufficient strength and capacity be bnilt at the 14903 expense of the said States, with such assistance as it may be in 14904 the power of the said Delaware Nation to give, in the most con- 14905 venient place and advantageous situation, as shall be agreed on" 14906 by the commanding officer of the troops aforesaid, with the 14907 advice and concurrence of the deputies of the aforesaid Delaware 14908 ISTation, which fort shall be garrisoned by such a number of the 14909 troops of the United States as the commanding officer can spare 14910 for the present, and hereafter by such numbers as the wise men 14911 of the United States in council shall think most conducive to 14912 the common good. 14913 Article 4. For the better security of the peace and friend - 14914 ship now entered into by the contracting parties, against all 14915 infractions of the same by the citizens of either party, to the pre- 14916 j Lidice of the other, neither party shall proceed to the infliction 14917 of punishments on the citizens of the other, otherwise than by 14918 securing the offender or offenders by imprisonment, or any other 14919 competent means, till a fair and impartial trial can be had by 14920 jadges or juries of both x^arties, as near as can be to the laws, 14921 customs, and usages of the contracting parties and natural jus- 14922 tice : The mode of such tryals to be hereafter fixed by the wise 14023 men of the United States in Congress' assembled, with the as- 14924 sistance of such deputies of the Delaware Nation as may be 14925 appointed to act in concert with them in adjusting this matter to 14926 their mutual liking. And it is further agreed between the par- 14927 ties aforesaid, that neither shall entertain or give countenance 14928 to the enemies of the other, or protect in their respective states, 14929 criminal fugitives, servants, or slaves, but the same to apprehend, 14930 and secure and deliver to the State or States to which such en- 14931 emies, criminals, servants, or slaves respectively belong. 14932 Article 5. Whereas the confederation entered into by the 14933 Delaware Nation and the United States renders the first depend- 14934 eut on the latter for all the articles of cloathing, utensils, and 14935 implements of war, and it is judged not only reasonable, but in- 14936 dispensibly necessary, that the aforesaid nation be supplied 14937 with such articles from time to time, as far as the United States 14938 may have it in their power, by a well-regulated trade, under.the 14939 conduct of an intelligent, candid agent, with an adequate salfery, 14940 one more influenced by the love of his country, and a constant 14941 attention to the duties of his department by promoting the com- 14942 mon interest, than the sinister purjioses of converting and bind- 14943 ing all the duties of his office to his private emolument : Con- 14944 vinced of the necessity of such measures, the commissioners of 14945 the United States, at the earnest solicitation of the deputies 335 1494;6 aforesaid, have engaged in behalf of the United States that such 14947 a trade shall be afforded said nation, conducted on snch prin- 14948 cipals of mutual interest as the wisdom of the United States in 14949 Congress assembled shall think most conducive to adopt for their 14950 mutual convenience. 14931 Article 6. Whereas the enemies of the United States have 14952 endeavoured, by every artifice iu their power, to possess the 14953 Indians in general with an opinion that it is the design of the 14934 States aforesaid to extirpate the Indians and take possession of 14933 their country, to obviate such false suggestion, the United States 14956 do engage to guarantee to the aforesaid nation of Delawares, 14957 and their heirs, all their ter'itoreal rights iu the fullest and most 14958 ample manner, as it hath been bounded by former treaties, as 14959 long as they, the said Delaware Nation, shall abide by and hold 14960 fast the chain of friendship now entered into. And it is further 14961 agreed on between the contracting parties, should it for the 14962 future be found conducive for the mutual interest of both parties 14963 to invite any other tribes who have been friends to the interest 14964 of the United States, to join the present confederation, and to 14965 form a State whereof the Delaware Xation shall be the head, 14966 and have a representation in Congress : Provided, Jl^othing cou- 14967 tained in this article to be considered as conclusive until it 14968 meets with the approbation of Congress. And it is also the in- 14969 tent and meaning of this article that no protection or counteu- 14970 ance shall be afforded to any who are at present our enemies, 14971 by which they might escape the punishment they deserve. 14972 Concluded September 17, 1778. 14973 A treaty bettceen the United States of America and the Delaware 14974 tribe of Indians. 14975 The Delaware tribe of Indians, finding that the annuity 14976 which they receive from the United States is not sufficieut to 14977 supply them with the articles which are necessary for their com- 14978 fort and convenience, and afford the means of introducing 14979 amongst them the arts of civilised life, and being convinced 14980 that the extensiveness of the country they possess, by giving 14981 an opportunity to their hunting parties to ramble to a great 14982 distance from their towns, is the principal means of retarding 14983 this desirable event ; and the United States being desirous to 14984 connect their settlements on the Wabash with the State of 14985 Kentucky : therefore the said United States, by William Henry 14986 Harrison, governor of the Indiana Territory, superintendent of 14987 Indian affairs, and their commissioner plenipotentiary for treat- 14988 ing with the Indian tribes northwest of the Ohio Eiver ; and 14989 the said tribe of Indians, by their sachems, chiefs, and head 336 14990 warriors, have agreed to the following articles, which when rat- 14991 ifled by the President of the United States, by and with the 14992 advice and consent of the Senate, shall be binding on the said 14993 parties : 14994 Aeticle 1, The said Delaware tribe, for the considerations 14995 hereinafter mentioned, relinquishes to the United States forever 14996 all their right and title to the tract of country which lies be- 14997 tween the Ohio and Wabash Rivers, and below the tract ceded 14998 by the treaty of Port Wayne and the road leading froin Vin- 14999 cennes to the falls of Ohio. 15000 Aeticle 2. The said tribe shall receive from the United 15001 States, for ten years, an additional annuity of three hundred 15002 dollars, which is to be exclusively appropriated to the purpose 15003 of ameliorating their condition and promoting their civilization- 15004 Suitable persons shall be employed at the expence of the United 15005 States to teach them to make fences, cultivate the earth, and 15006 such of the domestic arts as are adapted to their situation ; and 15007 a further sum of three hundred dollars shall be appropriated 15008 annually for five years to this object. The United States will 15009 cause to be delivered to them in the course of the next spring 15010 horses fit for draft, cattle, hogs, and implements of husbandry 15011 to the amount of four hundred dollars. The preceding stipula- 15012 tions, together with goods to the amount of eight hundred dol- 15013 lars, which is now delivered to the said tribe, (a part of which 15014 is to be appropriated to the satisfying certain individuals of the 15015 said tribe, whose horses have been taken by white people) is to 15016 be considered as full compensation for the relinquishment made 15017 in the first article. 15018 Aeticle 3. As there is great reason to believe that there 15019 are now in the possession of the said tribe several horses which 15020 have been stolen from citizens of the United States, the chiefs 15021 who represent the said tribe are to use their utmost endeavors 15022 to have the said horses forthwith delivered to the superintend- 15023 ent of Indian affairs, or such persons as he may appoint to 15024 receive them. And as the United States can place the utmost 15025 reliance on the honour and integrity of those chiefs who have 15026 manifested a punctilious regard to the engagements entered into 15027 at the treaty at Grenville, it is agreed that, in relation to such 15028 of the horses stolen as aforesaid, but which have died or been 15029 removed beyond the reach of the chiefs, the United States will 15030 compensate the owners for the loss of them without deducting 15031 from the annuity of the said tribe the amount of what may be 15032 paid in this waj'. But it is expressly understood that this pro- 15033 vision is not to extend to any horses which have been stolen 15034 within the course of twelve months preceding the date hereof. 15035 Aeticle 4. The said tribe having exhibited to the above- 15036 named commissioner of the United States sufficient proof of 15037 their right to all the country which lies between the Ohio and 15038 White Eiver, and the Miami tribe, who were the original pro- 15039 prietors of the upper part of that country, having explicitly 15040 acknowledged the title of the Delawares at the general council 15041 held at Fort Wayne in the month of June, 1803, the said United 15042 States will in future consider the Delawares as the rightful 15043 owners of all the country which is bounded by the White Eiver 15044 on the north, the Ohio on the south, the general boundary-line 15045 running from the mouth of the Kentucky Eiver on the east, and 15046 the tract ceded by this treaty, and that ceded by the treaty of 15047 Fort Wayne, on the west and southwest. 15048 Article 5. As the Piankishaw tribe have hitherto obsti- 15049 uately persisted in refusing to recognize the title of the Dela- 15050 wares to the tract of country ceded by this treaty, the United 15051 States will negociate with them, and will endeavor to settle the 15052 matter in an amicable way; but should they reject the proposi- 15053 tions that may be made to them on this subject, and should the 15054 United States not think proper to take possession of the said 15055 country without their consent, the stipulations and promises 15056 herein made on behalf of the United States shall be null and 15057 void. 15058 Aeticle 6. As the road from Vincennes to Clark's grant 15059 will form a very inconvenient boundery, and as it is the intention 15060 of the parties to these presents that the whole of the said road 15061 shall be within the tract ceded to the United States, it is agreed 15062 that the boundary in that quarter shall be a straight line to be 15063 drawn parallel to the course of the said road from the eastern 15064 boundary of the tracts ceded by the treaty of Fort Wayne to 15065 Clark's grant; but the said line is not to pass at a greater dis- 15066 tance than half a mile from the most northerly bend of said 15067 road. 15068 Proclaimed February 14, 1805. 15069 Articles of a treaty made and concluded at St. Mary's, in the State 15070 of Ohio, between Jonathan Jennings, Lewis Cass, and Benja- 15071 min Parlce, commissioners of the United States, and the I)ela- 15072 ware 2^ation of Indians. 15073 Article 1. The Delaware Nation of Indians cede to the 15074 United States all their claim to land in the State of Indiana. 15075 Article 2. In consideration of the aforesaid cession, the 15076 United States agree to provide for the Delawares a country to 15077 reside in, upon the west side of the Mississippi, and to guaranty 15078 to them the peaceable possession of the same. 15079 Article 3. The United States also argee to pay the 43 IT 338 15080 Delawares the full value of their improvements in the country 15081 hereby ceded ; which valuation shall be made by persons to be 15082 appointed for that purpose by the President of the United 15083 States; and to furnish the Delawares with one hundred and 15084 twenty horses, not to exceed in value forty dollars each, and a 15085 sufficient number of perogaes, to aid in transporting them to 15086 the west side of the Mississippi ; and a quantity of provisions, 15087 proportioned to their numbers and the extent of their journey. 15088 Article i. The Delawares shall be allowed the use and 15089 occupation of their improvements for the term of three years 15090 from the date of this treaty, if they so long require it. 15091 Article 5. The United States agree to pay to the Dela- 15092 wares a perpetual annuity of .four thousand dollars, which, to- 15093 gether with all annuities which the United States, by any for- 15094 mer treaty, engaged to pay to them, shall be paid in silver, at 15095 any place to which the Delawares may remove. 15096 Article 6. The United States agree to provide and support 15097 a blacksmith for the Delawares after their removal to the west 15098 side of the Mississippi. 15099 Article 7. One half-section of land shall be granted to 15100 each of the following persons, namely, Isaac Wobby, Samuel 15101 Oassman, Elizabeth Petchaka, and Jacob Dick ; and one quarter 15102 of a section of land shall be granted to each of the following 15103 persons, namely, Solomon Tindell and Benoni Tindell, all of 15104 whom are Delawares ; which tracts of land shall be located after 15105 the country is surveyed, at the first creek above the old fort on 15106 White River, and running up the river ; and shall be held by the 15107 persons herein named, respectively, and their heirs ; but shall 15108 never be conveyed or transferred without the approbation of tlie 15109 President of the United States. 15110 Article 8. A sum not exceeding thirteen thousand three 15111 hundred and twelve dollars and twenty-five cents shall be paid 15112 by the United States, to satisfy certain claims against the Dela- 15113 ware Nation, and shall be expended by the Indian agent at Piqua 15114 and Fort Wayne, agreeably to a schedule this day examined and 15115 approved by the commissioners of the United States. 15116 Article 9. This treaty, after the same shall be ratified by 15117 the President and Senate of the United States, shall be binding 15118 on the contracting parties. 15119 Proclaimed January 15, 1819. 15120 Supplementary article to the Delaware treaty, concluded at St. 15121 Mary^s, in. the State of Ohio, on the M of October,' 1818. 15122 Whereas the foregoing treaty stipulates that the United 15123 States shall provide for the Delaware Nation a country to re- 339 1512J: side iu, west of tbe Mississippi, as the periuaneut residence of 15135 their nation ; and whereas the said Delaware Nation are now 15126 willing to remove, on the following conditions, from the country 15127 on James' Fork of White Eiver in the State of Missouri, to the 15128 country selected in the fork of the Kansas and Missouri Eiver, 15129 as recommended by the Government, for the permanent resi- 15130 dence of the whole Delaware Nation ; it is hereby agreed upon 15131 by the parties, that the country in the fork of the Kansas and 15132 Missouri Elvers, extending up the Kansas Eiver to the Kansas 15133 line, and up the Missouri Eiver to Camp Leavenworth, and 15134 thence by a line drawn westwardly, leaving a space ten miles 15135 wide, north of the Kansas boundary-line, for an outlet, shall 15136 be conveyed and forever secured by the United States to the 15137 said Delaware Nation as their permanent residence; and the 15138 United States hereby pledges the faith of the Government to 15139 guarantee to the said Delaware Nation, forever, the quiet and 15140 peaceable possession and undisturbed enjoyment of the same, 15141 against the claims and assaults of all and every other people 15142 whatever. 15143 And the United States hereby agrees to furnish the Dela- 15144 ware Nation with forty horses, to be given to their poor and 15145 destitute people, and the use of six waggons and ox-teams, to 15146 assist the nation in removing their heavy articles to their perma- 15147 nent home ; and to supply them with all necessary farming-uten- 15148 sils and tools necessary for building houses, &c. ; and to supply 15149 them with provisions on their journey, and with one year's pro- 15150 visions after they get to their permanent residence; and to 15151 have a griss and saw mill erected for their use, within two years 15152 after their complete removal. 15153 And it is hereby expressly stipulated and agreed upon by 15154 the parties that, for and in consideration of the full and entire 15155 relinquishment by the Delaware Nation of all claim whatever 15156 to the country now occupied by them in the State of Missouri, 15157 the United States shall pay to the said Delaware Nation an 15158 additional permanent annuity of one thousand dollars. 15159 And it is further stipulated that thirty-six sections of the 15160 best land within the limits hereby relinquished shall be selected, 15161 under the direction of the President of the United States, and 15162 sold for the purpose of raising a fund to be applied, under the 15163 direction of the President, to the support of schools for the ed- 15164 ucation of Delaware children. 15165 It is agreed upon by the parties that this supplementary ar- 15166 tide shall be concluded in part only, at this time, and that a 15167 deputation of a chief, or warrior, from each town, with their in- 15168 terpretor, shall proceed with the agent to explore the country, 15169 more fully, and if they approve of said country to sigh their 340 15170 names under ours, which shall be considered as finally conclud- 15171 ed on our part ; and after the same shall be ratified by the Pres- 15172 ident and Senate of the United States, shall be binding on the 15173 contracting parties. 15174 Proclaimed March 24, 1831. 15175 FjiANKLiN Pierce, President of the Uaited States of America 15176 to all and singular to whom these presents shall come, 15177 greeting : 15178 Whereas a treaty was made and concluded at the city of 15179 Washington, on the sixth day of May, one thousand eight hun- 15180 dred and fifty-four, by George W. Manypenny, as commissioner 16181 on the part of the United States, and the following-named del- 15182 egates of the Delaware tribe of Indians, viz : Sarcoxey ; Ne-con- 15183 he-cond; Kock-ka-to-wha; Qua-cor-now-ha, or James Segondyne; 15184 JSTe-sha-pa-n^-cumin, or Charles Journeycake; Que-sha-to-wha, 15185 or John Ketchem ; Pendoxey, or George Bullet ; Kock-kock- 15186 quas, or James Ketchem; Ahlah-a-chick, or James Conner; 15187 they being thereto duly authorized by said tribe ; which treaty 15188 is in the words following, to wit : 15189 Articles of agreement and convention made and concluded at 15190 the city of Washington this sixth day of May, one thousand 15191 eight hundred and fifty-four, by George W. Manypenny, as 15192 commissioner on the part of the United States, and the fol- 15193 lowing-named delegates of the Delaware tribe of Indians, 15194 viz : Sarcoxey ; I^e-con-he-cond ; Kock-ka-to-wha ; Qua-cor- 15195 now-ha, or James Segondyne; Ne-sha-pa-na-cumin, or 15196 Charles Journeycake ; Que-sha-to-wha, or John Ketchem ; 15197 Pondoxy, ^r George Bullet; Kock-kock-quas, or James 15198 Ketchem ; Ah-lah-a-chick, or James Conner, they being 15199 thereto duly authorized by said tribe. 15200 Aeticle 1. The Delaware tribe of Indians hereby cede, re- 15201 linquish, and quit-claim to the United States all their right, title, 15202 and interest in and to their country lying west of the State of 15203 Missouri, and situate in the fork of the Missouri and Kansas 15204 Elvers, which is described in the article supplementary to the 15205 treaty of October third, one thousand eight hundred and eigh- 15206 teen, concluded, in part, on the twenty-fourth September, one 15207 thousand eight hundred and twenty-nine, at Council Camp, on 15208 James' Fork of White Elver, in the State of Missouri, and finally 15209 concluded at Council Camp, in the fork of the Kansas and Mis- 15210 souri Elvers, on the nineteenth October, one thousand eight hun- 15211 dred and twenty-nine ; and also their right, title, and interest in 15212 and to the " outlet " mentioned and described in said supple- 15213 mentary article, excepting that portion of said country sold to 15214 the Wyandot tribe of Indians, by instrument sanctioned by act 341 15215 of Oougress approved July twenty-fifth, one thousand eight 15216 hundred and forty-eight, and also excepting that part of said 15217 country lying east and south of a line beginning at a point on the 15218 line between the land of the Delawares and the half-breed Kan- 15219 zas, forty miles, in a direct line, west of the boundary between 15220 the Delawares and Wyandots, thence north ten miles, thence 15221 in an easterly course to a point on the south bank of Big Island 15222 Creek, which shall also be on the bank of the Missouri Eiver 15223 where the usual higli- water line of said creek intersects thehigh- 15224 water line of said river. 15225 Article 2. The United States hereby agree to have the 15226 ceded country (excepting the said " outlet ") surveyed, as soon 15227 as it can be conveniently done, in the same manner that the pub- 15228 lie lands are surveyed, such survey to be commenced and pros- 15229 ecuted as the President of the United States may deem best. 15230 And the President will, so soon as the whole or any portion of 15231 said lands are surveyed, proceed to offer such surveyed lands for 15232 sale, at public auction, in such quantities as he may deem proper, 15233 being governed in all respects, in conducting such sales, by the 15234 laws of the United States respecting the sales of the public lands ; 15235 and such of the lands as may not be sold at the public sales 15236 shall thereafter be subject to private entry, in the same man- 15237 ner that private entries are made of United States lands ; and 15238 any, or all, of such lands as remain unsold, after being three 15239 years subject to private entry, at the minimum Government price, 15240 may, by act of Oougress, be graduated and reduced in price, 15241 until all said lands are sold ; regard being had in said gradua- 15242 tion and reduction to the interests of the Delawares, and also to " 15243 the speedy settlement of the country. 15244 Article 3. The United States agree to pay to the Delaware 15245 tribe of Indians the sum of ten thousand dollars ; and, in con- 15246 sideratiou thereof, the Delaware tribe of Indians hereby cede, 15247 release, and quit-claim to the United States the said tract of 15248 country hereinbefore described as the " outlet." And as a fur- 15249 ther and full compensation for the cession made by the first 15250 article, the United States agree to pay to said tribe all the mon- 15251 eys received from the sales of the lands provided to be surveyed 15252 in the preceding article, after deducting therefrom the cost of 15253 surveying, managing, and selling the same. 15254 Article 4. The Delaware Indians have now, by treaty 15255 stipulation, the following permanent annuities, to wit: One 15256 thousand dollars, per fourth article of the treaty of third August, 15257 one thousand seven hundred and ninety-five. Five hundred dol- 15258 lars, per third article of the treaty of thirtieth of September, one 15259 thousand eight hundred and nine. Four thousand dollars, per 15260 fifth article of the treaty of the third October, one thousand 342 15261 eight hundred and eighteen. One thousand dollars, per supple- 15262 mental treaty of twenty-fourth September, one thousand eight 15263 hundred and twenty-nine. One hundred dollars for salt annuity, 15264 per third article of the treaty of June seventh, one thousand 15265 eight hundred and three. Nine hundred and forty dollars for 15266 blacksmith annuity, per sixth article of the treaty of third Octo- 15267 ber, one thousand eight hundred and eighteen. All which sev- 15268 eral permanent annuities they hereby relinquish, and forever 15269 absolve the United States from the further payment thereof, in 15270 consideration whereof the United States agree to pay to them, 15271 under the direction of the President, the sum of one hundred and 15272 forty-eight thousand dollars, as follows : seventy -four thousand 15273 dollars in the month of October, one thousand eight hundred 15274 and fifty-four, and seventy-four thousand dollars in the month of 15275 October, one thousand eight hundred and fifty-five; the object 15276 of converting the permanent annuities into these two payments 15277 being to aid the Delawares in making improvements on their 15278 present farms, and opening new ones on the land reserved, build- 15279 ing houses, buying necessary household furniture, stock, and 15280 farming-utensils, and such other articles as may be necessary to 15281 their comfort. 15282 Aexicle 5. It is agreed that the sum of forty-six thousand 15283 and eighty dollars, being the value of the thirty-six sections of 15284 land set apart for school purposes by the supplemental treaty of 15285 one thousand eight hundred and twenty-nine, remain for the 15286 present at five per cent, interest, as stipulated by the resolution 15287 of the Senate of the nineteenth January, one thousand eight 15288 hundred and thirty-eight. 15289 Article 6. The Delawares feel now, as heretofore, grateful 15290 to their old chiefs for their long and faithful services. In former 15291 treaties, when their means were scanty, they provided, by small 15292 life-annuities, for the wants of these chiefs, some of whom are 15293 now receiving them. These chiefs are poor, and the Delawares 15294 believe it their duty to keep them from want iu their old and 15295 declining age. It is the wish of the Delawares, and hereby stip- 15296 ulated and agreed, that the sum of ten thousand dollars, the 15297 amount provided in the third article as a consideration for the 15298 " outlet," shall be paid to their five chiefs, to wit : Captain 15299 Ketchem, Sarkoxey, Segondyue, Neconhecond, and Kock-kato- 15300 wha, in equal shares of two thousand dollars each, to be paid as 15301 follows: to each of said chiefs annually the sum of two hundred 16302 and fifty dollars, until the whole sum is paid : Provided, That if 15303 any one or more of said chiefs die before the whole or any part 15304 of the sum is paid, the annual payments remaining to his share 15305 shall be paid to his male children, and, in default of male heirs, 15306 then to the legal representatives of such deceased chief or chiefs ; 343 15307 and it is understood that the small life-annuities stipulated for 15308 by former treaties shall be paid as directed by said treaties. 15309 Article- 7. It is expected that the amount of moneys aris- 15310 ing from the sales herein provided for will be greater than the 15311 Delawares will need to meet their current wants; and as it is 15312 their duty and their desire also to create a permanent fund for 15313 the benefit of the Delawaire people, it is agreed that all the 15314 money not necessary for the reasonable wants of the people 15315 shall from time to time be invested by the President of the United 15316 States in safe and profitable stocks, the principal to remain un- 15317 impaired, and the interest to be applied annually for the civiliza- 15318 tion, education, and religious culture of the Delaware people, 15319 and such other objects of a beneficial character as in his judg- 15320 ment are proper and necessary. 15321 Article 8. As the annual receipts from the sales of the 15322 lands cannot now be determined, it is agreed that the whole sub- 15323 ject be referred to the judgment of the President, who may, from 15324 time to time, prescribe how much of the net proceeds of said 15325 sales shall be paid out to the Delaware people, and the mode and 15326 manner of such payment ; also how much shall be invested ; and 15327 in distributing the funds to the people, due regard and encourage- 15328 ment shall be given to that portion of the Delawares who are 15329 competent to manage their own affairs, and who know and ap- 15330 predate the value of money ; but Congress may, at any time, 15331 and from time to time, by law, make such rules and regulations 15332 in relation to the funds arising from the sale of said lands, and 15333 the application thereof for the benefit and improvement of the 15334 Delaware people, as may, in the wisdom of that body, seem just 15335 and proper. 15336 Article 9. The debts of Indians, contracted in their private 15337 dealings as individuals, whether to traders or otherwise, shall 15338 not be paid from the general fund. 15339 Article 10. The Delawares promise to renew their efforts 15340 to suppress the introduction and the use of ardent spirits in their 15341 country and among their people, and to encourage industry, 15342 integrity, and virtue, so that every one may become civilized, 15343 and, as many now are, competent to manage their business 15344 affairs ; but should some of them unfortunately continue to refuse 15345 to labor, and remain or become dissipated and worthless, it shall 15346 be discretionary with the President to give such direction to the 15347 portion of funds, from time to time, due to such persons, as will 15348 prevent them from squandering the same, and secure the benefit 15349 thereof to their families. 15350 Article 11. At any time hereafter, when the Delawares 16351 desire it, and at their request and expense, the President may 15352 cause the country reserved for their permanent home to be sur- 344 15353 veyed iu the same manner as the ceded country is surveyed, and 15354 may assign such portion to each person or family as shall be 15355 designated by the principal men of the tribe : Provided, Such 15356 assignment shall be uniform. 15357 Article 12. In the settlement of the country adjacent to 15358 the Delaware reservation, roads and highways will become neces- 15359 sary, and it is agreed that all roads and highways laid out by 15360 authority of law, shall have a right of way through the reserved 15361 lands, on the same terms that the law provides for their location 15362 through the lands of citizens of the United States ; and railroad 15363 companies, when the lines of their roads necessarily pass through 15364 the said reservation, shall have the right of way, on payment of 15365 a just compensation therefor in money. 15366 Article 13. The Christian Indians live in the country 15367 herein ceded, and have some improvements. They desire to 15368 remain where they are, and the Delawares are willing, provided 15369 the Christian Indians can pay them for the land. It is there- 15370 fore agreed that there shall be confirmed by patent to the said 153?1 Christian Indians, subject to such restrictions as Congress may 15372 provide, a quantity of land equal to four sections, to be selected 15373 in a body from the surveyed lands, and to include their present 15374 improvements: Provided, The said Christian Indians, or the 15375 United States for them, pay to the Secretary of the Interior, for 15376 the use of the Delaware Indians, within one year from the date 15377 of the ratification of this treaty, the sum of two dollars and 15378 fifty cents per acre therefor: And provided further. That the 15379 ijrovisions of article twelve, in relation to roads, highways, and 15380 railroads, shall be applicable to the land thus granted to the 15381 Christian Indians. 15382 Article 14. The Delawares acknowledge their dependence 15383 on the Government of the United States, and invoke its pro- 15384 tection and care. They desire to be protected from depreda- 15385 tions and injuries of every kind, and to live at peace with all 15386 the Indian tribes ; and they promise to abstain from war, and 15387 to commit no depredations on either citizens or Indians ; and if, 15388 unhappily, any difficulty should arise, they will at all times, as 15389 far as they are able, comply with the law in such cases made 16390 and provided, as they will expect to be protected and their 15391 rights vindicated by it, when they are injured. 15392 Article 15. A primary object of this instrument being to 15393 advance the interests and welfare of the Delaware people, it is 15394 agreed that, if it prove insufficient to effect these ends, from 15395 causes which cannot now be foreseen, Congress may hereafter 15396 make such further provision, by law, not inconsistent herewith, 15397 as experience may prove to be necessary to promote the inter- 15398 ests, peace, and happiness of the Delaware people. 345 15399 Article 16. It is agreed by the parties hereto, that the 15400 provisions of the act of Congress, approved third of March, one 15401 thousand eight hundred and seven, in relation to lands ceded to 15402 the United States, shall, so far as applicable, be extended to the 15403 lands herein ceded. 15404 Article 17. It is further stipulated that, should the Sen- 15405 ate of the United States reject the thirteenth article hereof, 15406 such rejection shall in no wise affect the validity of the other 15407 articles. 15408 Article 18. This instrument shall be obligatory on the 15409 contracting parties as soon as the same shall be ratified by the 15410 President and the Senate of the United States. 15411 Proclaimed July 17, 1854. 15412 Treaty between the United States and the Delaware tribe of In- 15413 dians, concluded May 30, 1860. 15414 By the President of the United States of America. 15415 A proclamation. 15416 To all and singular to whom these presents shall come, greeting : 15417 Whereas a treaty was made and concluded at Sarcoxieville, 15418 on the Delaware reservation, on the thirtieth day of May, 15419 eighteen hundred and sixty, by Thomas B. Sykes, as commis- 15420 sioner on the part of the United States, and the chiefs and 15421 head-men of the Delaware tribe of Indians hereinafter men- 15422 tioned, which treaty is in the following words, to wit : 15423 Articles of agreement and convention made and concluded at 15424 Sarcoxieville, on the Delaware reservation, this thirtieth 15425 day of May, one thousand eight hundred and sixty, by 15426 Thomas B. Sykes, as commissioner on the part of the United 15427 States, and the following-named chiefs of the Delaware 15428 tribe of Indians, viz : John Connor, head chief of the whole 15429 tribe; Sar-cox-ie, chief of the Turtle band; Ne-con-he-con, 15430 chief of the Wolf band ; Eock-a-to-wha, chief of the Tur- 15431 key band, and assistants to the said head chief, chosen and 15432 appointed by the people, and James Connor, chosen by the 15433 said chiefs as delegate. 15434 Article 1. By the first article of the treaty made and con- 15435 eluded at the city of Washington on the sixth day of May, one 15436 thousand eight hundred and fifty-four, between George W. 15437 Manypenny, commissioner ou the part of the United States, 15438 and certain delegates of the Delaware tribe of Indians, which 15439 treaty was ratified by the Senate of the United States on the lo440 eleventh day of July, one thousand eight hundred and fifty- 44 I T 346 15441 four, there was reserved, as a permanent home for the said tribe, 15442 that part of their country lying east and south of a line begin- 15443 ning at a point on the line between the Delawares and Half- 15444 breed Kansas, forty miles in a direct line west of the boundary 15445 between the Delawares and Wyaudottes; thence north ten 15446 miles ; thence in an easterly course to a point on the south bank 15447 of Big Island Creek, which shall also be on the bank of the Mis- 15448 souri Eiver, where the usual high-water line of said creek inter- 15449 sects the high-water line of said river. And by the eleventh 15450 article of said treaty it was stipulated that " at any time here- 15451 after, when the Delawares desire it, and at their request and 15452 expense, the President may cause the country reserved for their 15453 permanent home to be surveyed in the same manner as the 15454 ceded country is surveyed, and may assign such portion to 15455 each person or family as shall be designated by the principal 13456 men of the tribe : Provided^ Such assignments shall be uniform." 15457 The Delawares having represented to the Government that 15458 it is their wish that a portion of the lands reserved for their 15459 home may be divided among them in the manner contemplated 15460 by the eleventh article of the treaty aforesaid, it is hereby 15461 agreed by the parties hereto that the said reservation shall be 15462 surveyed, as early as practicable after the ratification of these 15463 articles of agreement and convention, in the same manner that 15464 the public lands are surveyed ; and to each member of the Dela- 15465 ware tribe there shall be assigned a tract of land containing 15466 eighty acres, to include in every case, as far as practicable, a 15467 reasonable portion of timber, to be selected according to the 15468 legal sub-divisions of survey. 15469 Article 2. The division and assignment in severalty 15470 among the Delawares of the land shall be made in a compact 15471 body, under the direction of the Secretary of the Interior, and 15472 his decision of all questions arising thereupon shall be final and 15473 conclusive. 15474 Certificates shall be issued by the Commissioner of Indian 15475 Affairs for the tracts assigned in severalty, specifying the names 15476 of the individuals to whom they have been assigned respect- 15477 ively, and that the said tracts are set apart for the exclusive 15478 use and benefit of the assignees and their heirs. And said 15479 tracts shall not be alienable in fee, leased, or otherwise dis- 15480 posed of, except to the United States or to members of the 15481 Delaware tribe, and under such rules and regulations as may ] 5482 be prescribed by the Secretary of the Interior ; and said tracts 15483 shall be exempt from levy, taxation, sale, or forfeiture, until 15484 otherwise provided by Congress. 15485 Prior to the issue of the certificates aforesaid the Secretary 15486 of the Interior shall make such rules and regulations as he may 347 15487 deem necessary or expedient respecting the disposition of 15488 any of said tracts, Iq case of the death of the person or per- 15489 sons to whom they may be assigned, so that the same shall be 15490 secured to the families of such deceased persons. And should 15491 any of the Indians to whom tracts shall be assigned abandon 15492 them, the said Secretary may take such action in relation to the 15493 proper disposition thereof as, in his judgment, may be neces- 15494 sary and proper. 15495 The improvements of the Indians residing on the lands to 15496 be sold shall be valued by the United States, and the individual 15497 owners thereof shall receive the amount realized from the sale 15498 of the same, to be e'xpended in building other improvements for 15499 them on the lands retained. 15500 Abticlb 3. The Delaware tribe of Indians, entertaining the 15501 belief that the value of their lands will be enhanced by having 15502 a railroad passing through their present reservation, and being 15503 of the opinion that the Leavenworth, Pawnee and Western 15504 Eailroad Company, incorporated by an act of the legislative 15505 assembly of Kansas Territory, will have the advantage of travel 15506 and general transportation over every other company proposed 15507 to be formed which will run through their lands, have expressed 15508 a desire that the said Leavenworth, Pawnee and Western Eail- 15509 road Company shall have the preference of purchasing the re- 15510 mainder of their lands after the tracts in severalty and those 15511 for the special objects herein named shall have been selected 15512 and set apart, upon the payment into the United States Treasury, 15513 which payment shall be made within six months after the quan- 15514 tity shall have been ascertained, in gold or silver coin, of such 15515 a sum as three commissioners, to be appointed by the Secretary 15516 of the Interior, shall appraise to be the value of said land : 15517 Provided, in no event shall the value be placed below the sum 15518 of one dollar and twenty-five cents per acre, exclusive of the 15519 cost of survey of the same. [And that the United States will 15520 issue a patent in fee simple to said company, upon the payment 15521 as aforesaid, for all their land remaining in Kansas.] It is, 15522 therefore, agreed by the United States that the wishes of the 15523 Delawares shall be granted ; that they will accept of the trust re 15524 posed upon them ; and that the money resulting from such dispo- 15525 sition of the lauds shall be disposed of and applied in the manner 15526 provided for by the seventh and eighth articles of the Delaware 15527 treaty of sixth May, one thousand eight hundred and fifty-four, 15528 after expending a suf&cient sum to enable them to commence 15529 agricultural pursuits under favorable circumstances. It is also 15530 agreed that the said railroad company shall have the perpetual 15531 right of way over any portion of the lands allotted to the Dela- 15532 wares in severalty, on the payment of a just compensation there- 348 15533 for, in money, to the respective parties whose lands are crossed 15534 by the line of railroad. It being the intent and meaning of the 15535 Delawares, in consenting to the sale of their surplus lands to 15536 said company, that they should, in good faith, and within a 15537 reasonable time, construct a railroad through their reservation, 15538 and to carry out this intent, as well as to secure so great a 15539 public convenience, it is agreed that no patent shall issue for 15540 any of these lands, nor shall the sale be binding upon the Dela- 15541 -ware Indians nor the United States, until the Secretary of the 15542 Interior shall be fully satisfied that a line of twenty-five miles 15543 of the road from Leavenworth City shall have been completed 15544 and equipped, when a patent shall issue for one-half of the 15545 ascertained quantity, the patent for the residue to issue only 15546 when the said Secretary shall be satisfied that the road has 15547 been in like manner completed and equipped to the western 15548 boundary of the Delaware reservation. And if the said company 15549 shall fail or neglect to construct either the first or second sec- 15650 tions of the road, or having constructed the first section and 15551 fail to complete the second section within a reasonable time, 15552 they shall forfeit to the United States all right to the lands not 15553 previously patented, and the certificate of purchase shall be 35554 deemed and considered cancelled. And provided further, Th&t 15555 in case the said company shall fail to make payment for the 15556 lands, or fail to construct the road, as hereinbefore stipulated, 15557 within a reasonable time, the surplus lands shall be disposed of 15558 by the Secretary of the Interior at public auction, in quantities 15559 not exceeding one hundred and sixty acres ; but in no case for a 15560 sum less than the appraised value, the net proceeds to be ap- 15561 plied in the same manner as hereinbefore specified. And pro- 15562 vided further, That the said railroad company shall finally, and 15563 in good faith sell and dispose of all said lands within seven 15564 years after receiving the patent therefor, except what may be 15665 necessary for railroad purposes, and, in default thereof, so much 15566 thereof as may remain undisposed of shall revert to the Dela- 15667 ware Nation, to be disposed of as is herein provided for other 15568 forfeited lands. 15669 Aeticle 4. Whereas some years ago a good many of the 16570 Delawares went down among the Southern Indians, and as there 16671 are still about two hundred of them there, and as they have 16672 reason to believe they will return soon, it is hereby agreed that 15573 eighty acres each be set apart for them, to be allotted to them 15574 as they return, and certificates to be then issued to them, in the 15575 same manner as to those now within the reservation, and in 15576 every respect to be governed by the same rules and regulations 15577 as prescribed for the government of the lands reserved by the 349 15578 preceding articles, tliat until they return the allotments set apart 15579 for belong to the natioa in common. 15580 Article 3, There shall be reserved three hundred and 15581 twenty acres of ground -where the mill, and school-house, and 15582 Ketohum's store now stand; three hundred and twenty acres 15583 where the council-house now is ; one hundred and sixty acres 15584 where the Baptist mission now is ; one hundred and sixty acres 15583 where the agency-house now is ; forty acres where the Methodist 15586 Episcopal Church, South, now is ; forty acres where the Methodist 15587 Episcopal Church, Korth, now is ; which several tracts, with the 15588 improvements thereupon, shall be disposed of when the objects 15589 for which they have been reserved shall have been accomplished, 15590 in such manner and for such purposes as the Secretary of the 15591 Interior shall determine to.be just and equitable, for the benefit 15592 of the Delawares. 15593 Aetiole 6. By article fourteen of the treaty between the 15594 Delawares and the United States, of May six, eighteen hundred 15595 and fifty-four, ratified by the Senate July eleven, eighteen hun- 15596 dred and fifty-four, the United States bound herself to protect 15597 them and their rights; and that whereas, that depredations of 13598 various kinds have been committed upon them and their lands, 15599 it is hereby agreed that the United States shall pay them, within 15600 twelve months from the ratification of these articles of treaty 15601 and convention, thirty thousand dollars as indemnity for timber 15602 that has been cut oft' their reservation by the whites, and nine 15603 thousand five hundred dollars as indemnity for ponies and cattle 15604 that have been stolen from them by the whites since their last 15603 treaty with the United States. It is farther stipulated that, 15606 should the Senate of the United States refuse this article, it 15607 shall in nowise affect the validity of the other articles, or pre- 13608 judice the right of the Delawares to appeal to the Congress of 15609 the United States for the indemnities hereby agreed upon. 15610 It is further understood that, at the treaty between the 15611 Delawares and the United States, made September twenty-four, 15612 eighteen hundred and twenty -nine, the boundary of the reserva- 13613 tion then set apart for them included the Half breed Kansas 13614 lands; but it afterwards proved that the United States had 15615 previously set apart these lands for the Half-breed Kaws, and by 13616 that means they have been kept out of the use and benefit of 13617 said lands; it is, therefore, hereby agreed that a fair valuation 15618 shall be made by the United States upon such lands, under the 13619 direction of the Secretary of the Interior, and that the amount 15620 of said valuation shall be paid the Delawares. 15621 Abticle 7. In consideration of the long and faithful ser- 13622 vices of the chiefs of the Delaware Nation, and of their inter- 15623 preter, who is also a member of the nation, it is further agreed 350 15624 that tlie said chiefs and interpreter shall have allotted to each 15625 a tract of land, to be selected by themselves, and shall receive 15626 a patent in fee-simple therefor from the President of the United 15627 States, viz : John Connor, principal chief, six hundred and forty 15628 acres ; Sar-cox ie, chief of the Turtle band, three hundred and 15629 twenty acres ; Eock-a-to-wha, chief of the Turkey band, three 15630 hundred and twenty acres ; Ne-con-he-con, chief of the Wolf 15631 band, three hundred and twenty acres j and Henry Tiblow, in - 15632 terpreter, three hundred and twenty acres; the lines of each 15633 tract to conform to the legal subdivisions of survey. It is fur- 15634 ther agreed that, from the money as paid the Delaware tribe of 15635 Indians, in accordance with article number ten of this treaty 15636 the chiefs of said tribe of Indians shall appropriate one thousand 15637 five hundred dollars as the annual salary of the councilmen of 15638 the said tribe of Indians. 15639 Aktiole 8. Any stipulation in former treaties inconsistent 15640 with those embraced in the foregoing articles shall be of no force 15641 or effect. 15642 Aetiole 9. As these articles are entered into for the sole 15643 use and benefit of the Delaware Indians, it is understood that 15644 the expenses incident to carrying them into effect shall be de- 15645 frayed from the funds of said Indians, held in trust for them by 15646 the United States. 15647 Aetiole 10. The interest accruing to the Delawares under 15648 the former treaties, and that which may accrue under this, shall 15649 be paid on the first of April and October in each year. 15650 Proclaimed 27th August, 1870. 15651 Treaty between the United States and the Delaware tribe of Indians, 15652 concluded July 2, 1861 ; ratified August 0, 1861. 15653 Abeaham Lincoln, President of the United States of America, 15654 to all and singular to whom these presents shall come, 15655 greeting": 15656 Whereas a treaty or agreement was made and concluded at 15657 Leavenworth City, Kansas, on the second day of July, one thou- 15658 sand eight hundred and sixty-one, between the United States of 15659 America and the Delaware tribe of Indians, relative to certain 15660 lands of that tribe conveyed to the Leavenworth, Pawnee and 15661 Western Eailroad Company, and to bonds executed to the 15662 United States by the said company for the payment of the said 15663 Indians, which treaty or agreement, with the preliminary and in- 15664 cidental papers necessary to the full understanding of the same, 15665 is in the following words, to wit : 15666 Whereas, by the treaty of May 30, 1860, between the United 351 15667 States and the Delaware tribe of Indians, it is provided that the 15668 surplus lands of said Delawares, not included in their " home 15669 reserve," should be surveyed and appraised under direction o 15670 the Secretary of the Interior; and that in order to aid in the 15671 construction of a railroad near and through their said " home 15672 reserve," the Leavenworth, Pawnee and Western Railroad Com- 15673 pany of Kansas, duly organized and incorporated under the laws 15674 of said Territory, should have the right to purchase such surplus 15675 lands at such appraised value — on condition, however, that after 15676 paying for said lands, said company should only receive title to 15677 one-fialf of them on completing and equipping, within a reasona- 15678 ble time, twenty-five (25) miles of said railroad from Leavenworth 15679 City westward; and should only receive title to the remaining 15680 half of said lands on completing and equipping said road, within 15681 a reasonable time, to the western boundary of the " Delaware 15682 Eeserve ;" and that in case said company should fail to pay for said 15683 lands, or, having paid, should forfeit the same, or any part thereof, 15684 before receiving title, by failing to construct either the first or 15685 the second section of said road within such reasonable time, then 15686 the lands so forfeited, or not paid for, should be sold in quanti- 15687 ties not exceeding one hundred and sixty (160) acres, at not less 15688 than such appraised value ; the proceeds of such sale, subject to 15689 a certain contingent deduction, to be invested by the President 15690 of the United States in "safe and profitable stocks," for the ben- 15691 efit of said Delaware Indians ; and 15692 "Whereas said surplus lands, to the amount of 223,966^''^''g 15693 acres, have been duly surveyed and appraised at an aggregate 15694 valuation of two hundred and eighty-six thousand seven hun- 15695 dred and forty-two and yVS ($286,742,1/0) dollars; and 15696 Whereas the said Leavenworth, Pawnee and Western Eail- 15697 road Company has executed, under their corporate seal, and 15698 by the hand of Thomas Ewing, jr., their agent, their twenty-nine 15699 (29) several bonds, all of even date herewith, and numbered from 15700 one to twenty-one inclusive, for sums amounting in the aggregate 15701 to $286,742^^, being the amount of the valuation of said surplus 15702 lands as above stated, twenty eight (!^8) of which said bonds are 15703 for the sum of ten thousand (| 10,000) dollars each, and one is 15704 for the sum of six thousand and seven hundred and forty-two 15705 and ^^^-^ ($6,742J/j) dollars, and payable in ten (10) years after 15706 their date, at the ofiBce of the assistant treasurer of the United 15707 States, in the city of New York, to the Commissioner of Indian 15708 Affairs of the United States or bearer, with interest at the rate 15709 of six per cent, per annum, payable annually at the same place 15710 on interest-warrants attached to said bonds, which said bonds 15711 have been delivered by said company to Archibald Williams, 15712 judge of the United States court for the district of Kansas, and 352 15713 have been by him received and receipted for as agent of the 15714 United States for that purpose specially appointed, in accord- 15715 ance with the instructions of the President of the United States 15716 of June 10, 1861, hereto attached and made part hereof, and for 15717 the consideration and use in said instructions set forth : 15718 Now, therefore, to secure the payment of said bonds and 15719 every part thereof, and of all interest to become due thereon, 15720 according to the terms thereof, the Leavenworth, Pawnee and 15721 Western Eailroad Company, by its agent hereto specially author- 15722 ized by resolution of the board of directors of said company of 15723 April 11, 1861, a certified copy of which said resolution is hereto 15724 attached, hereby agrees with the United States, as trustee for 15725 said Delaware tribe of Indians, that in case said company shall 15726 at any time hereafter neglect or fail to pay the whole or any part 15727 of the interest on all or any one of said bonds, or shall neglect or 15728 fail to pay the whole or any part of the principal of all or any 15729 one of said bonds, when any such payment, either of principal or 15730 of interest, shall become due and payable, then the said railroad 15731 company shall be deemed and held to have forfeited all right and 15732 title of any kind whatever to the one hundred thousand (100,000) 15733 acres of land herein described, to wit : 15734 ■ DPBcriptiom Section, 'fowiishiii. lUiigei Meridian. 15735 Southeast quarter 2 10 17 E. 6th. 15736 Section 12 10 17 E. 6th. 15737 West half 13 10 17 E. 6th. 15738 East half 14 10 17 E. 6th. 15739 Section 24 10 17 E. 6th. 15740 West half 25 10 17 B. 6tb. 15741 Section 36 10 17 E. 6th. 15742 Southhalf 3 10 18 E. 6lh. 15743 Southhalf 4 10 18 E. 6th. 15744 Section 9 10 18 E. 6th. 15745 Southhalf 25 10 19 E. 6th. 15746 Section 26 10 19 E. 6th. 15747 Section ... 28 10 19 E. 6th. 15748 Westhalf 30 10 19 B. 6th. 15749 Section 32 10 19 E. 6th. 15750 Section 34 10 19 E. 6th. 15751 Section 36 10 19 E. 6th, 15752 Southhalf. 2 10 20 E, 6th. 15753 Southhalf 4 10 20 B. 6th. 16754 S.W. quarter 5 10 20 E. 6th. 15755 East half 19 10 18 E. 6th. 15756 Basthalf .24 10 18 E. 6th. 15757 North half 25 10 18 E. 6th. 15758 East half , 26 10 18 E. 6th. 353 1 575*^ Description. Section. Township. 15760 West half 28 10 15761 East half 30 10 15762 Westhalf 32 10 15763 Section 35 10 15764 South half 1 10 15765 South half 3 10 15766 South half 5 10 15767 _Eastbalf 7 10 15768 Section ., 9 10 15769 Section 11 10 15770 Section 13 10 15771 Section 15 10 15773 Section 17 10 15773 East half 19 10 15774 Westhalf 20 10 15775 Section 22 10 15776 East half 23 10 15777 Section 24 10 15778 S. E. quarter 6 10 15779 Section 8 10 15780 Section 10 10 15781 Section 12 10 15782 Section 14 10 15783 West half 15 10 15784 Section., .- 17 10 15785 East half 19 10 15786 East half 20 10 15787 West half 21 10 15788 Section 22 10 15789 Section 24 10 15790 Section 26 10 15791 Section 28 10 15792 Section 30 10 15793 Section 32 10 15194 Section 34 10 15795 Section 36 10 15796 Section , 8 10 15797 Section 10 10 15798 Section 12 10 15799 Section 13 10 15800 Section 15 10 15801 Section 17 10 15802 Section . ... 19 10 15803 Section 21 10 15804 Section 23 10 45 IT Kanse. Meridian. P. M. 18 E. 6th- 18 E. 6th, 18 E. 6th. 18 E. 6th. 19 E. 6th. 19 B. 6th. 19 E. 6th. 19 E. 6th. 19 E. 6th. 19 E. 6th. 19 E. 6th. 19 E. 6th. 19 E. 6th. 19 E. 6th. 19 B. 6th, 19 E. 6th. 19 E. 6th. 19 B. 6th. 20 B. 6th. 20 E. 6th. 20 E. 6th. 20 E. 6th. 20 B. 6th. 20 E. 6th. 20 B. 6th. 20 E. 6th. 20 E. 6th. 20 E. 6th. 20 E. 6th, 20 E, 6th. 20 E. 6th. 20 E. 6th- 20 E. 6th. 20 E. 6tb. 20 E. 6th. 20 B. 6th, 21 E. 6th. 21 E. 6th. 21 E. 6th. 21 E. 6th. 21 E. 6th. 21 E. 6th. 21 E. 6th. 21 E. 6th. 21 B. 6th, 354 15805 , Description. Section. Township. 15806 Section 25 10 15807 Section 27 10 15808 Section 29 10 15809 Section 31 10 15810 Section 33 10 15811 Section 35 10 15812 Section 7 10 15813 Section 9 10 15814 Section , 11 10 15815 Section 13 10 15816 Section 15 10 15817 Section 17 10 15818 Section 19 10 15819 Section 21 10 15820 Section 23 10 15821 Section 25 10 15822 Section 27 10 15823 Section 29 10 15824 Section 31 10 15825 Section 33 10 15826 Section 35 10 15827 Section 7 10 15828 Section 9 10 15829 Section 11 10 15830 Section 19 10 15831 Soutli half 1 11 15832 Soutbhalf 12 11 15833 North half 13 11 15834 Southhalf 24 11 15835 South half 2 11 15836 Southhalf 4 11 15837 East half G 11 15838 East half 7 11 15839 Section 8 11 15840 Section 10 11 15841 Section 12 11 15842 Section 14 11 15843 West half 15 11 15844 Easthalf 17 11 15845 Easthalf 18 11 15846 West half 20 11 15847 Easthalf 22 11 15848 ' West half 23 11 15849 West half 24 11 15850 Easthalf 25 11 Range. MeEidiftti. P. M. 21 E. 6th, 21 E. 6th, 21 E. 6th. 21 B. 6th, 21 E. 6th. 21 B. 6th. 22 E. 6th. 22 E. 6th. 22 E. 6th. 22 E. 6th. 22 E. 6th. 22 E. 6th. 22 E. 6th. 22 E. 6th. 22 E. 6th. 22 E. 6th. 21 E. 6th. 22 E. 6th. 22 E. 6th. 22 B. 6th. 22 E. 6th. 23 E. 6th. 23 E. 6th. 23 E. 6th. 23 E. 6th. 17 B. 6th. 17 B. 6th. 17 E. 6th. 17 E. 6th. 18 E. 6th. 18 E. 6th. 18 E. 6th. 18 B. eth. 18 E. 6th, 18 E. 6th, 18 E. 6th. 18 B. 6ih, 18 B. 6th, 18 E. 6th, 18 E. 6th, 18 E. 6th, 18 E. 6th, 18 B. 6th, 18 B. 6th, 18 E. 6th, 355 1 ^8^1 Descriptum. Section. Township. 15852 SouthLalf 1 11 15853 South half 3 11 15854 South half 5 11 15855 East half 7 11 15856 Section 9 11 15857 Section 11 11 15858 Section 13 11 15859 Section ,.. 15 11 15860 Section 17 11 15861 East half 18 11 15862 East half 19 11 15863 Section 21 11 15864 Section 23 11 15865 Section 25 11 15866 East half 24 11 15867 Section 27 11 15868 Section 29 11 15869 East half 30 11 15870 East half 33 11 15871 West half 34 11 15872 Korth half , 35 11 15873 Section 36 11 15874 South half 1 11 15875 South half 2 11 15876 South half 3 11 15877 South half 4 11 15878 East half 7 11 15879 South half 8 11 15880 South half 9 IL 15881 K W. quarter 13 11 15882 S.W. quarter 15 11 15883 North half 17 11 15884 East half 18 11 15885 East half .19 11 15886 North half 20 11 15887 West half 21 11 15888 East half 22 11 15889 Southhalf 23 11 15890 Southhalf 24 11 15891 Section 25 11 15892 South half 26 11 15893 East half -. 27 11 15894 East half 33 11 15895 Section ; 34 11 15896 Section 36 11 Range. Meridian. P.M. 19 E. 6th, 19 E. 6th. 19 B. 6th, 19 E. 6th, 19 E. 6th, 19 E. 6th, 19 E. 6th, 19 B. 6th, 19 B. 6th, 19 B. 6th, 19 E. 6th, 19 E. 6th. 19 E. 6th, 19 E, 6th, 19 B. 6th, 19 B. 6th. 19 E. 6th. 19 E. 6th. 19 B. 6th. 19 B. 6th. 19 E. 6th. 19 E. 6th. 20 E. 6th. 20 E. 6th, 20 E. 6th. 20 E. 6th, 20 B. 6th. 20 B. 6th. 20 B. 6th, 20 B. 6tb. 20 E. 6th, 20 E. 6tli, 20 E. 6th, 20 B. 6th, 20 B. 6th. 20 E. 6th, 20 B. 6th, 20 E. 6th, 20 E. 6th, 20 B. 6th, 20 E. 6th, 20 E. 6th, 20 B. 6th, 20 E. 6th, 20 E. 6th, 356 1589-7 Hescriptiiin. Section, Township. 15898 South half 1 11 15899 South half 3 11 15900 South half 5 11 15901 East half 7 11 15902 Section 8 11 15903 Section 10 11 15904 Section 12 11 15905 South half 13 11 1590G Section 14 11 15907 Westhalf 15 11 16908 Section..- 17 11 15909 East half 18 11 15910 Easthalf 19 11 15911 East half 20. 11 15912 Westhalf...., 21 11 15913 Section 22 11 15914 South half 27 11 15915 Section 28 11 15916 West half 29 11 15917 Easthalf 30 11 15918 East half 31 11 15919 Section 32 11 15920 Section 34 11 15921 Section 3 11 15922 Section , 5 11 15923 East half 7 11 15924 Westhalf 8 11 15925 Section 9 11 15926 -Section 15 It 15927 Section 17 11 15928 Easthalf 18 11" 15929 Section 1 12 15930 East half 2 12. 15931 South half 12 12 15932 N.E.quarter 13 12 15933 Section 1 12 15934 Section 3 12 15935 Section 5 12 15936 East half 6 12 • 15937 East half : 7 12 15938 Section . . .> 9 12 15939 Section 11 12 15940 Section 12 12 15941 Section 14 12 15942 East half 15 12 Range. Meridian. P.M. 21 E. 6tli. 21 E. 6th, 21 E. 6th, 21 E. 6th. 21 E. 6th, 21 E. 6th. 21 E. 6th, 21 E. 6th. 21 E. .6th. 21 E. 6th. 21 E. 6th. 21 E. 6th. 21 E, 6th. 21 E. 6th. 21 E. 6th. 21 E. 6th. 21 E. 6th. 21 E. 6th. 21 E. 6th. 21 E. 6th. 21 E. 6th. 21 E. 6th. 21 E. 6th. 22 E. 6th. 22 E. 6th. 22 E. 6th. 22 B. 6th. 22 E. 6th. 22 E. eth. 22 E. 6th. 22 E. 6th. 19 E. 6th. 19 E. 6th. 19 E. 6th. 19 E. 6th. 20 E. 6th. 20 E. 6th. 20 E. 6th. 20 E. 6th. 20 E. 6th. 20 E. 6th. 20 E. 6th. 20 E. 6th. 20 E. -6thV 20 E. 6th. 357 1 />Q4..^ Description. Section, Township. Range. Meritlinn. 15944 East half 18 12 20 E. 6th. 15945 East half 19 12 20 E. 6th. 15946 Section 21 12 20 E. 6th. 15947 North half 29 12 20 E. 6th. 15948 S.E. quarter 21 12 20 E. 6tb. 35949 Section 16 12 20 E. 6th. 15950 15CJ sections, or 100,000 acres. 15951 And immediately on such failure, the United States may 15952 take possession of and sell said lands for the exclusive benefit 15953 of said Delaware Indians. 15954 And in case said company shall forfeit the one hundred 15955 thousand (100,000) acres above described, it shall thereupon 15956 also forfeit all its right and title to all the lands purchased by 15957 it from said Indians, not earned and patented at the date of such 15958 forfeiture. 15959 And said company further agree that, on the completion of 15960 the first section of said road, it shall only be entitled to a patent 15961 for one-half of the lands not pledged for the payment of said 15962 bonds ; and on the completion of said second section it shall 15963 have a patent for only the remaining half; and that no patent 15964 shall issue to it for any of the lands so pledged, until after said 15965 bonds and the interest-warrants attached shall all and every 15966 part of them have been fully and promptly paid and cancelled. 15967 In witness whereof, the said Leavenworth, Pawnee and 15968 Western Eailroad Company, by Thomas Ewing, jr., their agent 15969 aforesaid, have executed this instrument and attached thereto 15970 the seal of said company, this 2d day of July, 1861. 15971 The Leavenworth, Pawnee and Western Railroad Company, 15972 by their agent, 15973 [SEAL.] THOMAS EWIFG, Jr. 15974 State of Kansas, Leavenworth County, ss : 15975 On this second day of July, A. D. 1861, before me, the uu- 15976 dersigned authority, a notary public in and for the county afore- 15977 said, in the State aforesaid, personally came Thomas Swing, 15978 jr.,-agent of the Leavenworth, Pawnee and Western Eailroad 15979 Company, to me personally known to be the identical person 15980 who signed the foregoing instrument of writing, and whose 15981 name is thereto afiSxed as grantor, and he acknowledged the 15982 same to be his own voluntary act and deed. 15983 Witness my hand and notarial seal, this 2d day of July, A. 15984 D. 1861. 15985 [SEAL.] W. S. VAN DOEEN, 15986 Notary Public, Leavenworth County^ Kansas. 358 15987 At a called meeting of the board of directors of the Leav- 15988 enworth, Pawnee and Western Eailroad Company, on Monday, 15989 July 1st, 1861, at the ofiftce of A. J. Isacks, in Leavenworth 15990 City, Kansas, was present, Jas. C. Stone, Amos Bees, Thomas 15991 Ewing, jr., and Thomas S. Gladding. 15992 Resolved, That Thomas Ewing, jr., bo authorized and di- 15993 rected, as agent of the company, to make, execute, and deliver 15994 to Archibald Williams, as agent of the United States, the bonds 15995 and interest- warrants of the company for f 286,742J(fo, payable 15996 in ten years from their date, with 6 per cent, interest, payable 15997 annually, payable to the Commissioner of Indian Affairs, or 15998 bearer, at the office of the assistant treasurer of the United 15999 States in the city of Kew York ; and also to make and execute 16000 to the United States, and cause to. be recorded and delivered to 16001 said Williams, as such agent, a mortgage of the company on the 16002 onehundred thousand acres of Delaware Indian lands, described 16003 in the letter of the Commissioner of Indian Affairs to the Sec- 16004 retary of the Interior, of May 29th, 1861 ; such mortgage to con- 16005 tain all the conditions prescribed in the paper signed by the 16006 President of the United States, of June 10th, 1861, the terms 16007 of which are hereby accepted by the company. 16008 I hereby certify that at a meeting of the. board of directors 16009 of the Leavenworth, Pawnee and Western Eailroad Company, 16010 held at the office of A. J. Isacks, in the city of Leavenworth, in 16011 the State of Kansas, on the 1st day of July, 1861, the foregoing 16012 proceedings were had and recorded on the journal of the com- 16013 pany ; and that the same is a true and correct transcript of the 16014 same from the journal of said company. 16015 In testimony whereof I hereunto sign my name and affix 16016 the official seal of the company. 16017 [SEAL.] THOS. S. GLADDING, 16018 Secretary L. P. & W. E. B. Co. 16019 Whereas, by the treaty of Sarcoxieville, amended by the 10020 United States Senate, arid finally ratified by the President of 16021 the United States on the 22d day of August, 1860, a principal 16022 object of both parties was the construction of a certain contem- 16023 plated railroad therein named ; and to that end the Leavenworth, 16024 Pawnee, and Western Eailroad Company were to pay into the 16025 United States Treasury, in gold or silver coin, a. sum of money, 16026 afterwards ascertained to be $286,742.15, as the appraised value 16027 of certain lands in Kansas belonging to the Delaware tribe of 16028 Indians ; which sum of money, after expending a sufficient part 16029 of it to enable the Indians to commence agricultural pursuits 16030 under favorable circumstances, was to be by the President, for 16031 said Indians, invested in safe and profitable stocks ; and 359 16032 Whereas the said railroad company is not able to pay said 16033 sum of money within time, according to said treaty ; and 16034 Whereas the President is of opinion that it is not for the in. 16035 terest of either party that said object of the treaty shall fail, 16036 but not knowing what would be the desire of said Indians on 16037 this point, nor knowing whether any part of said sum would be 16038 needed to enable the Indians to commence agricultural pursuits 16039 under favorable circumstances, but supposing it probable that 16040 no part of it would be so needed, as said Indians now have over 16041 fifty thousand dollars lying idle in the United ^States Treasury : 16042 Therefore, 16043 It is directed bj' the President that said Eailroad Company 16044 may execute their bonds, with interest- warrants or coupons at- 16045 tached, according to the forms hereto annexed, the principal of 16046 which bonds shall amount to the aggregate sum of $286,742.15, 16047 and deposit the same with Archibald Williams, of Kansas, 16048 hereby appointed to receive and receipt for the same, to be by 16049 him transmitted to the Commissioner of Indian Affairs for the 16050 use of said Indians ; and also shall, iu due and proper form, ex- 16051 ecute a mortgage upon one hundred thousand acres of the land 16052 contemplated iu and by said treaty to aid in the construction of 16053 said railroad, the said one hundred thousand acres to be the 16054 lauds designated in the letter of the Commissioner of Indian 16055 Affairs to the Secretary of the Interior, dated May 29, 1861 ; 16056 said mortgage to be conditioned for the full payment of said 16057 bonds, both as to interest and principal ; and that on any failure 16058 to pay either when due all right and interest of said railroad 16059 company in and to said mortgaged land, and also to all such of 16060 said land not mortgaged as shall not at that time be earned and 16061 patented according to said treaty, shall be forfeited, and said 16062 land again become the absolute property of the United States 16063 in trust for said Indians ; and said mortgaged lands to be in no 16064 event patented to said until said bonds, principal and in • 16065 terest, shall be fully paid. And upon said bonds being so made 16066 and deposited, and said mortgage being so executed and duly 16067 recorded in Leavenworth County, Kansas, all matters, so far as 16068 not necessarily varied by this arrangement, shall proceed in 16069 conformity to said treaty, as if the money had been paid by said 16070 railroad company, and had been invested by the President in 16071 said railroad bonds: Provided always, That this arrangement 16072 shall be of no effect until Archibald Williams, judge of the 16073 United States court for the district of Kansas, shall have eu- 16074 dorsed a certificate upon this paper that he has carefully exam- 16075 ined the same, and also the bonds and mortgage offered in com 16076- pliancewith its provisions, and has found that bonds and mort- 16077 gage do in fact comply with and fulfil said provisions j and also 360 16078 that he has had before him the chiefs and head-men named in 16079 said treaty, as John Connor, Sar-cox-ie, Ne-con-he-con, and 16080 Eock-a-to-wha, and has fully explained to them the nature and 16081 ett'ect of this departure from the terms of said treaty, and that 16082 they freely assented to the same. 16083 " ABEAHAM LINCOLN. 16084 June 10, 1861. 16085 Form of Bond. 16086 $10,000. No. 1. 16087 Know all men by these presents : That the Leavenworth, 16088 Pawnee and Western Eailroad Company is held and bound to 16089 the United States, as trustee for the Delaware tribe of Indians, 16090 in the sum of ten thousand dollars, to be paid to the Commis- 16091 sioner of Indian Affairs, or bearer, at the office of the assistant 16092 treasurer of the United States, in the city of New York, in ten 16093 years from the date hereof, on the surrender of this bond, with in- 16094 tereston said sum from the same date, at six per cent, per annum, 16095 payable annually at the same office, on the surrender, as they 16096 severally fall due, of the annexed interest-warrants. This bond 16097 being one of twenty-nine bonds for sums amounting in the 16098 aggregate to $290,560, the payment of which, with the interest - 16099 warrants attached, is secured by mortgage of even date here- 16100 with on one hundred thousand acres of the land acquired by 16101 said company, under the conditions and provisions of the treaty 16102 between the United States and the Delaware tribe of Indians of 16103 May 30, 1860. 16104 In witness whei'eof the Leavenworth, Pawnee and Western 16105 Eailroad Company, by Thomas Ewing, jr., their agent, have 16106 signed this obligation, and have attached thereto their corporate 16107 seal' this 14th day of May, 1861. 16108 The Leavenworth, Pawnee and Western Railroad Com- 16109 pany by 16110 [SEAL.] THOMAS EWING, Jr., 16111 Iheir Agent. 16112 Form of Warrant. 16113 The Leavenworth, Pawnee and Western Kailroad Company 16114 promises to pay to the Commissioner of Indian Affairs of the 16115 United States or bearer, on the 14th day of May, 1862, at the 16116 office of the assistant treasurer of the United States, in the 16117 city of New York, six hundred dollars, interest due that day on 16118 their bond No, 1. 16119 The Leavenworth, Pawnee and Western Kailroad Com- 16120 pany, by 16121 THOMAS EWING, Jr., 16122 Their Agent. 361 16123 Office of Eegister of Deeds, 16124 County of Leavenworth, State of Kansas, ss: 16125 I, W. S. Yan Doren, register of deeds within and for the 16126 county aforesaid, do hereby certify that the within and forego- 16127 ing instruments of writing were received by me for record this 16128 second day of July, A. D. 1861, at 3^ o'clock p. m., and that 16129 the same are duly recorded in Book P, for recording mortgages, 16130 at page 230, &c. 16131 In testimony whereof I have hereunto set my hand and of- 16132 licial seal of office, the day and year aforesaid. 16133 [SEAL.] W. 8. VAN DOREN, 16134 Register of Deeds. 16135 I, Archibald Williams, judge of the United States court for 16 136 the district of Kansas, do hereby certify that I have carefully 16137 examined the within paper signed by the President of the 16138 United [States,] and have also examined and approved the 16139 bonds and mortgage offered by the Leavenworth, Pawnee and 16140 Western Eailroad Company in compliance with its provisions, 16141 and have accepted said bonds and mortgage, and receipted to 16142 said company for the same, as agent of the United States, and 16143 caused said mortgage to be duly recorded in the office of the 16144 recorder of deeds for Leavenworth County, Kansas. 16145 And I do further certify that I have had before me the 16146 chiefs and headmen therein named, as John Connor, Sar-coxio, 16147 and Ne-con-he-con, and also James Connor, who was the dele- 16148 gate at large of said tribe, in making the treaty of 1860, and 16149 read to them the said paper signed by the President, and fully 16150 explained to them the nature and effect of the proposition set 16151 forth in said paper ; and that, after they had fully discussed 16152 the proposition, John Connor, in English, and James Counor, 16153 Sar-cox-ie, and Ne-cou-he-con, through the said John Connor 16154 and other interpreters, declared that they understood it thor- 16155 oughly, and each freely assented to the same; and that evidence 16156 has been presented to me by John Connor and other chiefs of 16157 said tribe, by which I am satisfied that Eock-a-to-wha died sev- 1615S eral months ago, and that no chief has been appointed in his 16159 place. <• 16160 This treaty shall not beheld to apply to any lands not here- 16161 tofore surveyed and appraised, and not included within the 16162 limits of said reserve, nor any lands included in any fort or res- 16163 ervation for military purposes : 16164 If twenty-five miles of said railroad, from Leavenworth 16165 City westwardly, is not completed and equipped within five 16166 years from the ratification hereof, said company shall thereupon 16167 forfeit all right, title, and interest, legal and ecjuitable, in and to 46 I T 362 16168 all and every part of said lands ; and if the remaining section to 16169 the western boundary of the said reserve be not completed and 16170 equipped within three years from the date fixed for the coinple- 16171 tion of said first section, said company shall thereupon forfeit lftl72 all right, title, and interest, legal and equitable, in and to all of 16173 said lands n,ot theretofore earned and patented. 16174 In the event of a failure of the said railroad company to 16175 pay the annual interest accruing upon the bonds, secured as 16176 above, within thirty days after the same falls due at the end of 16177 any year, then and in such case the contract included in this 16178 treaty shall be rescinded, and shall be of no binding efficacy 16179 upon either party thereto. 16180 IsTo part of said lands shall be patented to said railroad 16181 company until the money-price for such part shall have been fully 16182 paid therefor. 16183 Proclaimed October 4, 1861. 10184 Treaty beticeen tlie United States of America and the Delaware 16185 Tribe of Indians; concluded July 4, 1866 ; ratification 16186 advised July 26, 1866. 16187 Andrew Johnson, President of the United States of America, 16188 to all and singular to whom these presents shall come. 16189 greeting : 16190 Whereas a treaty was made and concluded at the Delaware 16191 Agency, Kansas, on the fourth of July, in the year of our Lord 16192 one thousand eight hundred and sixty-six, by and between 16193 Thomas Murphy, John Gr. Pratt, and William H. Watson, com- 16194 missiouers, on the part of the United States, and Captain John 16195 Connor, Captain Sarcoxie, Charles Jourueycake, and other 16196 chiefs, and councillors of the Delaware tribe of Indians, on the 16197 part of said tribe of Indians, and duly authorized thereto by 16198 them, which treaty is in the words and figures following, to 16199 wit : 16200 Articles of agreement.between the United States and the chiefs 16201 and councillors of the Delaware Indians, on behalf of said 16202 tribe, made at the Delaware Agency, Kansas, on the fourth 16203 day of July, eighteen hundred and sixty-six. 16204 Whereas Congress has by law made it the duty of the Pres- 16205 ident of the United States to provide by treaty for the removal 16206 of the Indian tribes from the State of Kansas ; and 16207 Whereas the Delaware Indians have expressed a wish to 16208 remove from their present reservation in said State to the Indian 16209 country, located between the States of Kansas and Texas ; and 16210 Whereas the United States have, by treaties negotiated 16211 with the Choctaws and Ohickasaws, with the Creeks, and with 363 16212 the Seminoles, Indian tribes residing in said Indian country, 16213 acquired the right to locate other Indian tribes within the limits 16214 of the same ; and 16215 Whereas the Missouri River Railroad Company, a corpora- 16216 tion existing in the State of Kansas by the laws thereof — and 16217 which company has built a railroad connecting with the Pacific 16218 Railroad, from near the mouth of the Kaw River to Leavenworth, 16219 in aid of which road the Delawares, by treaty in eighteen hun- 16220 dred and sixty-four, agreed to dispose of their lands — has ex- 16221 pressed a desire to purchase the present Delaware Indian reser- 16222 vation in the said State, in a body, at a fair price : 16223 It is hereby agreed between Thomas Murphy, superintend- 16224 ent of Indian affairs, John G. Pratt, agent for the Delawares, 16225 and William H. Watson, special commissioner, who are duly ap- 16226 pointed to act for the United States ; and Captain John Connor, 16227 Captain Sarcoxie, and Charles Journeycake, chiefs, and James 16228 Ketch um, James Connor, Andrew Miller, and John Sarcoxie, 16229 councillors, duly appointed and authorized by said Delaware In- • 16230 dians to act for them and in their behalf, viz : 16231 Aeticle 1. That the United States shall secure and cause 16232 to be paid to said Indians the full value of all that part of their 16233 reservation, with the improvements then existing on the same, 16234 heretofore sold to the Leavenworth, Pawnee, and Western Rail- 16235 road Company, according to the terms of a treaty ratified August 16236 twenty-second, eighteen hundred and sixty, and supplemental 16237 treaties, and in accordance with the conditions, restrictions, and 16238 limitations thereof. 16239 Article 2. That the Secretary of the Interior shall be, and 16240 he is, authorized to sell to said Misssouri River Railroad Company, 16241 or to other responsible party or parties, in a body, all the remain- 16242 ing part of said reservation, being the lands conveyed to said 16243 Delaware Indians in pursuance of the provisions of the supple- 16244 mental treaty of September twenty-fourth, eighteen hundred 16245 and twenty-nine, and all other lands owned by the said tribe in 16246 the State of Kansas not previously disposed of, except as herein- 16247 after provided, for a price not less than two dollars and fifty 16248 cents per acre, exclusive of improvements. 16249 Article 3. It shall be the daty of the Secretary of the In- 16250 terior to give each of all the adult Delaware Indians who have 16251 received their proportion of laud i n several ty an opportunity, free 16252 from all restraint, to elect whether they will dissolve their rela- 16253 tions with their tribe and become citizens of the United States ; 16254 and the lands of all such Indians as may elect so to become 16255 citizens, together with those of their minor children, held by 16256 them in severalty, shall be reserved from the sale hereinbefore 16257 provided for. And the Secretary of the Interior shall cause any 364 16258 and all improvemeuts made on any of the said lands, the sale of 16259 which is provided for, whether held in common or in severalty, 16260 to be appraised, and the value thereof added to the price of said 16261 lands, to be paid for when payment is made for the lands upon 16262 which said improvements exist; and the money received for 16263 the improvements on the land of each Indian held in severalty 16264 shall be paid to him at any time after its payment to the Secre- 16265 tary of the Interior, when the Department shall be notified that 16266 said Indian is ready to remove to the Indian country, to provide 16267 for his removal to, and to enable him to make improvements on, 16268 his new home therein : Provided, That whenever it shall be as- 16269 certained under the registry above provided for what lands will 16270 be vacated, there shall be set apart from the lands held in com- 16271 mon, for each child of Delaware blood, born since the allotment 16272 of land to said tribe in severalty was made under previous 16273 treaties, a quantity of land equal to the amount to which they 16274 would have been entitled had they been born before said allotment, 16275 provided that selections for children belonging to families whose 16276 head may elect to remain may be made from lands which are to- 16277 be vacated by those who elect to remove : And provided further, 16278 That in case there shall be improvements upon any heretofore 16279 allotted lands, so selected for children of the Delawares, pay- 16280 ment shall be made for such improvements, at their appraised 16281 value, by the parents or guardians of said children, at the same 16282 time as if the said lands had been sold to the railroad company 16283 or other parties. 16284 Article 4. The United States agree to sell to the said 16285 Delaware Indians a tract of land ceded to the Government by 16286 the Choctaws and Chickasaws, the Creeks, or the Seminoles, or 16287 which may be ceded by the Gherokees in the Indian country, 16288 to be selected by the Delawares in one body in as compact a 16289 form as practicable, so as to contain timber, water, and agricul- 16290 tural lands, to contain in the aggregate, if the said Delaware 16291 Indians shall so desire, a quantity equal to one hundred and 16292 sixty (160) acres for each man, woman, and child who shall re- 16293 move to said country, at the price per acre paid by the United 16294 States for the said lands, to be paid for by the Delawares out of 16295 the proceeds of sales of lands in Kansas, heretofore provided for. 16296 The said tract of country shall be set off with' clearly and per- 10297 manently marked boundaries by the United States; and also 16298 surveyed as public lands are surveyed, when the Delaware 16299 council shall so request, when the same may, in whole or in 16300 part, be allotted by said council to each member of said tribe 16301 residing in said country, said allotment being subject to the 16302 approval of the Secretary of the Interior. 16303 Article 5. The United States guarantee to the said Dela- 365 16304 wares peaceable possession of their new home herein provided 16305 to be selected for them in the Indian country, and protection 16306 from hostile Indians and internal strife and civil war, and a 16307 full and just participation in any general council or territoral 16308 government that may be established for the nations and tribes 16309 residing in said Indian country. 16310 Article 6. It is agreed that the proceeds of the sale of tha 16311 Delaware lands herein provided for shall be paid to said Indians 16312 in the manner following, to wit : Whenever the Department of 16313 the Interior shall be notified by the council, through the agent, 16314 that any of the Delawares who hold land in severalty are ready 16315 to remove, at the same time describing their allotments, there .16316 shall be paid to each such person the value of his allotment, 16317 and that of his family, to enable him to remove to and improve 16318 his new home, provided the money for the said allotment shall 16319 have been paid to the Secretary of the Interior ; and while said 16320 money, or any part thereof, shall remain in the Treasury of the 16321 United States, the Delawares shall be entitled to receive interest 16322 on the amount so retained, at the rate of five (5) per cent, per 16323 annum. And the residue of the proceeds of the sale of the Del- 16324 aware lands, being those which have not been allotted, or which 16325 have once been allotted, but have been abandoned by the allot- 16326 tees, shall be added to the general fund of the Delawares, in- 16327 terest thereon to be paid to the Indians in the same manner as 16328 is now provided in regard to that fund. 16329 Article 7. Within thirty days after the ratification of 16330 this treaty it shall be the duty of the Secretary of the Interior 16331 to give the said Missouri River Railroad Company notice that 16332 he is authorized to contract with them or other responsible 16333 party or parties for the sale of said lands on the terms specified 16334 in this treaty, indicating the approximate quantity thereof; 16335 and within twenty days after receiving said notice at their 16336 usual place of doing business in the State of Kansas it shall be 16337 competent for said company to elect to make the purchase, by 16338 filing with the said secretary their bond, with approved secur- 16339 ity, in double the amount proposed to be paid by them for the 16340 whole of said lands, guaranteeing that they will purchase all of 16341 the lauds to be sold under the provisions of this treaty, and 16342 that they will pay for them in accordance with the terms there- 16343 of. And upon the tiling of a satisfactory bond as above pro- 16344 vided by said company, the contract for such purchase shall be 16345 concluded by the said secretary with said Missouri River Rail- 16346 road Company, at not less than two dollars and fifty cents per 16347 acre for the whole of the lands herein provided to be sold : Pro- 16348 vided, however, That if said railroad company shall not within 16349 the twenty days above limited file its bond for the purchase as 366 1C350 herein .prescribed, the Secretary of the Interior may at the ex- 16351 piration of that time accept any offer for the whole of said lands 16353 in one body, at not less than two dollars and fifty cents per 16353 acre, from any other responsible parties ; but no offer shall be 16354 considered frorai other parties than said Missouri Eiver Railroad 16355 Company, unless accompanied by a certificate of deposit in the 16356 First National Bunk of the city of Washington, D. 0., to the 16357 credit of th,e said secretary, for an amount equal to ten per 16358 cent, of the aggregate value of the land at the price proposed, 16369 to be forfeited for the use of the Delawares if the sale should 16360 be awarded to said person or corporation so proposing to pur- 16361 chase the lands, and said party should fail to make payment as 16362 hereinafter provided. 16363 Article 8. That within sixty days after the sale of said 16364 land shall have been effected, the purchaser shall pay to the said 16365 Secretary, in trust for the Delawares, the stipulated price of said 16366 unallotted lands, with the appraised value of improvements there- 16367 on, excepting therefrom the mill reservation and the quarter sec- 16368 tions upon which the council-house and blacksmith-shops are 16369 built, the use of which shall be retained until the final removal 16370 of the Delawares, and for which payment shall not be required 16371 from the purchaser until possession is delivered, and from time 16372 to time thereafter as often as the Secretary of the Interior shall 16373 notify the said purchaser that ten thousand acres or more of said 16374 lands have been vacated by said Indians within three months 16375 thereafter, said purchaser shall pay to the Secretary of the In- 16376 terior, in trust for the said Indians, the stipulated price for said 16377 lands, with the appraised value of the improvements, and so on, 16378 until all are paid for, according to the true intent and meaning 16379 hereof; and as said lands shall be paid for, patents therefor, con- 16380 veyiug the same in fee-simple, shall be from time to time issued 16381 to said purchaser, or to his or its assigns, by the President of the 16382 United States. 16383 Article 9. It is also stipulated that the Secretary of the 16384 Interior shall cause a registry to be made of the names of all 16385 of said Delawares who have elected to dissolve their tribal re- 16386 lations and to become citizens of the United States, as provided 16387 in this treaty, with the names, ages, and sex of the members of 16388 the family of each of said Delawares, and present a certified 16389 copy of the same to the judge of the district court of the United 16390 States for the district of Kansas, and cause a copy to be filed in 16391 the oflice of the Commissioner of Indian Affairs, after which any 16392 of said Delawares, being adults, may appear before the said 16393 judge in open court, and make the same proof and take the same 16394 oath of allegiance as is provided by law for the naturalization of 16395 aliens, and also make proof, to the satisfaction of said court, thsit 367 16396 he is sufficiently intelligeut and prudent to control his own affairs 16397 and interests, that he has adopted the habits of civilized life, and 16398 has been able to support, for at least five years, himself and fam- 16399 ily, when he shall receive a certificate of the same under the seal 16400 of the said court ; and on the tiling of the said certificate in the 16401 office of the Commissioner of Indian Affairs, the said Delaware 16402 Indian shall be constituted a citizen of the United States, and 16403 be entitled to receive a patent, in fee-simple, with power of alien- 16404 ation, for the land heretofore allotted him, and his just propor- 16405 tion, in cash or in bonds, of the cash A'alue of the credits of said 16406 tribe, principal and interest, then held in trust by the United 16407 States, and also, as the same may be received, his proportion of 16408 the proceeds of the sale of lands under the provisions of this 16409 treaty, when he shall cease to be a member of said tribe. Where- 16410 upon all of the minor children of those who have become citi- 16411 zens shall be construed to have elected to sever their connection 16412 with said tribe for the time being, and be entitled to their just 16413 proportion of the annuities of the tribe, to be paid to the head 16414 of the family, to be expended for their support and education 16415 until they shall attain the age of twenty^one years, after which 16416 each shall elect to remove to his tribe, or to become a citizen of 1 6417 the United States, as hereinbefore provided, and if thus admitted 16418 to citizenship, shall be entitled to all the privileges and interests 16419 herein j)rovided for the head of, the family. Should any minor 16420 as aforesaid, arriving at the age of twenty-one years, and elect- 16421 ing to become a citizen of the United States, or any adult In- 16422 dian having so elected, fail to be admitted, he shall not be com- 16423 pelled to remove, but the Secretary of the Interior shall provide 16424 proper guardianship for the protection of his rights and interests 16425 and those of his family. There shall be granted to each of the 16426 Delawares who have thus become citizens a patent, in fee-simple, 16427 for the lands heretofore allotted to them, and, if they do not re- 1642,8 move with the nation, their pro rata share of all annuities and 16429 trust-property held by the United States for them, the division 16430 to be made under the direction of the President of the United 16431 States, after which such persons sh'all cease to be members of 16432 the Delaware tribe, and shall not further participate in their 16433 councils, nor share in their property or annuities. 16434 Article 10. It is further agreed that the funds of the Del- 16435 awares shall never be applied by the Government to the pay- 16436 ment of the debt or debts of any individual member or members 16437 of the nation ; nor shall any person be licensed to trade with the 16438 Delawares without the consent of the chiefs and council ; and 16439 the salaries of the chiefs shall henceforward be four hundred 16440 dollars per annum. 16441 Akticlb 11. The Delawares acknowledge their dependence 368 16442 upon the Uuited States, and again renew their pledges of devo- 16443 tion to the Government thereof, and ask its protection ; and the 16444 United States agree to protect, preserve, and defend them in all 16445 their just rights. 16446 Article 12. Itisalsoagreedthatif thesaidSecretaryshould 16447 not be able to sell the said lands as hereinbefore provided, he 16448 may cause the same to be appraised, in separate tracts, at their 16449 fair cash value, no tract to be valued at less than two dollars and 16450 fifty cents per acre, and the same, when appraised, may be sold 16451 at not less than the appraised value, and for as much more as 16452 the same will bring, and the money arising from the sale to be 16453 applied and distributed as hereinbefore provided. 16454 Article 13. It is. agreed by the Delawares that railroad 16455 companies engaged in building roads whose routes shall lie 16456 through their new reservation in the Indian country shall have 16457 a right of way through and over said lauds, not exceeding two 16458 hundred feet in width for any such road, and also the right to 16459 enter on all lands and take and use such gravel, stoue, and other 16460 material, except timber, as may be necessary for the construction 16461 of such roads, compensation to be made for any damages done 16462 in obtaining such material, and for any damages arising from 16463 the location or running of such roads to improvements which 16464 shall have been made before such road shall have been located, 16465 such damages to be ascertained under regulations to be pre- 16466 scribed by the Secretary of the Interior. 16467 Article 14. The United States further agree that, in accord- 16468 ance with the general provisions of the sixth article of the Del- 16469 aware treaty of May thirty, eighteen hundred and sixty, which 16470 have not yet been fulfilled, there shall be credited to the Dela- 16471 wares, in the purchase of their new reservation in the Indian 16472 country, the sum of thirty thousand dollars, which credit by the 16473 United States shall be received by the Delawares as a full settle- 16474 ment of all claims against the Government for depredations 16475 upon timber to the date of the signing of this treaty; and the 16476 Delawares shall receive, without cost, from the United States, 16477 laud included witliiu their new reservation to the amount of 16478 twenty-three sections, in place of the twenty-three sections of 16479 half-breed Kaw lands referred to in said sixth section of the 16480 treaty of eighteen hundred and sixty ; and inasmuch as the Del- 16481 awares claim that a large amount of stock has been stolen from 16482 them by whites since the treaty of eighteen hundred and lifty- 16483 four, the United States agree to have a careful examination of 16484 such claims made, under the direction of the Secretary of the 16485 Interior, and when the value of such stolen stock shall have 16486 been ascertained, the same shall be reported to Congress, with a 16487 recommendation for an appropriation to pay for the same ; and 369 16488 all moneys appropriated for such purpose shall be paid to the 16489 owners of said stock. 16490 Article 15. It is also agreed by the contracting parties 16491 that nothing contained in this treaty shall be so construed as to 16492 require the Delawares to remove from their present homes until 16493 after they shall have selected and received title to lands for new 16494 homes elsewhere. 16495 Proclaimed August 4, 1866. 16496 DELAWARES — BAND ON THE SANDUSKY RIVEF, 16497 OHIO. 16498 Articles of agreement made between John M'Elvain, thereto specially 16499 authorized by the President of the United States, and the hand 16500 of Delaware Indians upon the Sanduslty Biver, in the State of 16501 Ohio, for the cession of « certain reservation of land in the 16502 said Slate. 16503 Article 1. The said band of Delaware Indians cede to the 16504 United States the tract of three miles square adjoining the Wy- 16505 andot reservation upon the Sandusky River, reserved for their 16506 use by the treaty of the Rapids of the Maumee, concluded 16507 between the United States and the Wyandots, Seneca, Dela- 16508 ware, Shawanees, Potawatamies, Ottawas, and Chippiwa tribes 16509 of Indians, on the twenty-ninth day of September, in the year 16510 of our Lord one thousand eight hundred and seventeen, and the 16511 said tribe of Delawares engage to remove to and join their nation 16512 on the west side of the Mississippi, on the land allotted to them, 16513 on or before the first day of January next, at which time peace- 16514 able possession of said reservation is to be given to t!ie United 16515 States. 16516 Article 2. In consideration of the stipulations aforesaid, 16517 it is agreed that the United States shall pay to the said band 16518 the sum of three thousand dollars; two thousand dollars in hand, 16519 the receipt of which is hereby acknowledged by the undersigned 16520 chiefs of said tribe, and the remaining balance of one thousand 16521 dollars to be appropriated to the purchase of horses, clothing, 16522 provisions, and ether useful articles, to aid them on their journey 16523 so soon as they are prepared to remove. 16524 Proclaimed January 2, 1820, 47 I t 370 16525 DELA WARES, SHAWANOES, PUTTAWATTIMIES, ETC. 16526 Articles of a treaty bettveen the United States of America and the 16527 Delawares, Shawanoes, Putatcatimies, Miamies, Eel River, 16528 Weeas, KicJcapoos, Pianlcashaws, and KaslcasMas Nations of 16529 Indians. 16530 Articles of a treaty made at Fort Wayne, oa tbe Miami of the 16531 Lake, between William Henry Harrison, governor of the 16532 " Indiana Territory, superintendent of Indian affairs and com - 16533 missioner plenipotentiary of the United States for conclud- 16534 ing any treaty or treaties which may be found necessary 16535 with any of the Indian tribes northwest of the Ohio, of the 16536 one part, and the tribes of Indians called the Delawares, 16537 Shawanoes, Putawatimies, Miamies, and Kickapoos, by their 16538 chiefs and head warriors, and those of the Eel River, Weeas, 16539 Piankashaws, and Kaskaskias, by their agents and repre- 16540 sentatives Tuthinipee, Winnemac, Richerville, and Little 16541 Turtle, (who are properly authorized by the said tribes,) of 16542 the other part. 16543 Article 1. Whereas it is declared by the fourth article of 16544 the treaty of Greenville that the United States reserve for their 16545 use the post of St. Vincennes and all the lands adjacent to 16546 which the Indian titles had been extinguished; and whereas 16547 it has been found difficult to determine the precise limits of the 16548 said tract as held by the French and British governments : 16549 It is hereby agreed that the boundaries of the said tract shall 16550 be as follow : Beginning at Point Coupee on the Wabaah, and 16551 running thence by a line north seventy-eight degrees, west 16552 twelve miles, thence by a line parallel to the general course of 16553 the Wabash, until it shall be intersected by a line at right 16554 angles to the same, passing through the mouth of White River, 16555 thence by the last-mentioned line across the Wabash and 16556 towards the Ohio seventy-two miles, thence by a line north 16557 twelve degrees west, until it shall be intersected by a line at 16558 right angles to the same, passing through Point Coupee, and by 16559 the last-mentioned line,to the place of beginning. 16560 Article 2. The United States hereby relinquish all claim 16561 which they may have had to any lands adjoining to or in the 16562 neighbourhood of the tract above described. * 16563 Article 3. As a mark of their regard and attachment to 16564 the United States, whom they acknowledge for their only friends 16565 and protectors, and for the consideration hereinafter mentioned, 16566 the said tribes do hereby relinquish and cede to the United 16567 States the great salt spring upon the Saline Creek which falls ' 371 16568 into the Ohio below the mouth of the Wabash, with a quantity 16569 of land surrounding it, not exceeding four miles square, and 16570 which may be laid off in a square or oblong as the one or the 16571 other may be found most convenient to the United States. And 16572 the said United States being desirous that the Indian tribes 16573 should participate in the benefits to be derived from the said 16574 spring, hereby engage to deliver yearly and every year, for the 16575 use of the said Indians, a quantity of salt not exceeding one hun- 16576 dred and fifty bushels, and which shall be divided among the 16577 several tribes in such manner as the general council of the chiefs 16578 may determine. 16579 Article 4. For the considerations before mentioned and 16580 for the convenience which the said tribes will themselves de- 16581 rive from such establishments, it is hereby agreed that as soon 16582 as the tribes called the Kickapoos, Eel Eiver, Weeas, Pianka- 16583 shaws, and Kaskaskias shall give their consent to the measure, 16584 the United States shall have the right of locating three tracts 16585 of land (of such size as may be agreed upon with the last-men- 16586 tioned tribes) on the main road between Vincennes and Kaskas- 16587 kias, and one other between Vincennes andOlarksville, for the 16588 purpose of erecting houses of entertainment for the accomrao- 16589 dation of travellers. But it is expressly understood that if the 16590 said locations are made on any of the rivers which cross the said 16591 road, and ferries should be established on the same, that in 16592 times of high water any Indian or Indians belonging to either of 16593 the tribes who are parties to ttis treaty shall have the privilege 16594 of crossing such ferry toll free. 16595 Article 5. Whereas there is reason to believe that if the 16596 boundary-lines of the tract described in the first article should 16597 be run in the manner therein directed, that some of the settle- 16598 ments and locations of land made by the citizens of the United 16599 States will fall in the Indian country, It is hereby agreed that 16600 such alterations shall be made in the direction of these lines as 16601 will include them ; and a quantity of land equal in quantity to 16602 what may be thus taken shall be given to the said tribes either 16603 at the east or west end of the tract. 16604 Proclaimed December 26, 1803. 16605 DELAWARES, POTTAWATIMIES, MI AMES, EEL EIVEE 16606 AND WEAS. 16607 A treaty betioeen the United States of America and the tribes of 16608 Indians called the Delaivares, Pottawatimies, Miames, Hel 16609 River, and Weas, 16610 Articles of a treaty made and entered into, at Gronseland, near 16611 Vincennes, in the Indiana Territory, by and between William 372 16612 Henry Harrison, governor of said Territory, superintendant 16613 of Indian affairs, and commissioner plenipotentiary of the 16614 United States for treating with the northwestern tribes of 16615 Indians, of the one part, and the tribes of Indians called the 16616 Delewares, Putawatimis, Miamis, Eel Eiver, and Weas, 16617 jointly and severally, by their chiefs and head-men, of the 16618 other part. 16619 Article 1, Whereas, by the fourth article of a treaty made 16620 between the United States and the Delaware tribe, on the eight 16621 eenth day of Angust, eighteen hundred and four, the said United 16622 States engaged to consider the said Delewares as the proprietors 16623 of, all that tract of country which is bounded by the White 16624 Biver on the north, the Ohio and Clark's grant on the south, the 16625 general boundary-line running from the mouth of Kentucky 16626 Eiver on the east, and the tract ceded by the treaty of Fort 16627 Wayne, and the road leading to Clark's grant, on the west and 16628 southwest. And whereas the Miami tribes, from whom the Del- 16629 awares derived their claim, contend that in their cession of said 10630 tract to the Delewares, it was never their intention to convey to 16631 them the right of the soil, but to suffer them to occupy it as long 16632 as they thought proper, the said Delewares have, for the sake of 16633 peace and good neighbourhood, determined to relinquish their 16634 claim to the said tract, and do bj' these presents release the 16635 United States from the guarantee made in the before-mentioned 16636 article of the treaty of August, eighteen hundred and four. 16637 Article 2. The said Miami, Eel Eiver, and Wea tribes 16638 cede and relinquish to the United States, forever, all that tract 16639 of country which lies to the south of a line to be drawn from the 16640 northeast corner of the tract ceded by the treaty of Fort Wayne, 16641 so as to strike the general boundarj'-line, running from a point 16642 opposite to the mouth of the Kentucky Eiver, to Fort Eecovery, 16643 ,at the distance of fifty miles from its commencement on the Ohio 16644 Eiver. 16645 Article 3. In consideration of the cession made in the 16646 preceding article, the United States will give an additional per- 16647 manent annuitj' to said Miamis, Eel Eiver, and Wea tribes in 16648 the following proportions, viz : to the Miamis, six hundred dol- 16649 lars ; to the Eel Eiver tribe, two hundred and fifty dollars ; to 16650 the Weas, two hundred and fifty dollars ; and also to the Puta- 16651 watemies an additional annuity of five hundred dollars for ten 16652 years, and no longer ; -which, together with the sum of four 16653 thousand dollars which is now delivered, the receipt whereof 16654 they do hereby acknowledge, is to be considered as a full com- 16655 pensation for the land now ceded. 16656 Akticlb 4. As the tribes which are now called the Miamis, 16657 Eel Eiver, and Weas were formerly and still consider themselves 373 16658 as one nation, and as they have determined that neither of these 16659 tribes shall dispose of any part of the country which they hold 16660 in common, in order to quiet their minds on that head the 16661 United States do hereby engage to consider them as joint owners 16662 of all the country on the Wabash and its waters above the Vin- 16663 cennes tract, and which has not been ceded to the United States 16664 by this or any former treaty ; and they do farther engage that 16665 they will not purchase any part of the said country without the 16666 consent of each of the said tribes : Provided always, Thatnoth- 16667 ing in this section contained shall ia anj- manner weaken or de- 16668 stroy any claim which the Kickapoos, who are not represented 16669 at this treaty, may have to the country they now occupy on the 16670 Vermillion Eiver. 16671 Article 5. The Putawatimies, Miami, Bel Eiver, andWea 16672 tribes explicitly acknowledge the right of the Delawares to sell 16673 the tract of land coiiveyed to the United States by the treaty 16674 of the eighteenth day of August, eighteen hundred and four, 16675 which tract was given by the Piankashawsto the Delawares about 16676 thirty-seven years ago. 16677 Article 6. The annuities herein stipulated to be paid by 16678 the United States shall be delivered iu the same manner and 16679 under the same conditions as those which the said tribes have 16680 heretofore received. 16681 Article 7. This treaty shall be in force and obligatory on 16682 tbe contracting parties as soon as the same shall have been rati- 16683 fled by the President, by and with the advice and consent of 16684 the Senate of the United States. 16685 AbDITIONAL ARTICLE. 16686 It is the intention of the contracting parties that the bound- 16687 ary-Iine herein directed to be run from the northeast corner of 16688 the Vincennes tract to the boundary-line running from the 16689 mouth of the Kentucky Eiver shall not cross the Embarras or 16690 Drift Wood fork of White Eiver, but if it should strike the said 16691 fork, such an alteration in the direction of the said line is to be 16692 made as will leave the whole of the said fork in the Indian Ter- 16693 ritory. 16694 Proclaimed April 24, 1806. 16695 A treaty between the United States of America and the tribes of 16696 Indians called the Delaicares, Putawatimies, Miamies, and 16697 Eel Biver Miamies. 16698 James Madison, President of the United States, by William 16699 Henry Harrison, governor and commander-in-chief of the Indian 16700 Territory, superintendent of Indian affairs, and commissioner 374 16701 plenipotentiary of tlie United States for treating witli the said 16702 Indian tribes, and the sachems, head-men, and warriors of the 16703 Delaware, Putawatame, Miami, and Eel Eiver tribes of Indians, 16704 have agreed and concluded upon the following treaty ; which, 16705 when ratified by the said President, with the advice and con- 16706 sent of the Senate of the United States, shall be binding on 16707 said parties. 16708 Article 1. The Miami and Eel Eiver tribes, and the Del- 16709 awares and Putawatimies as their allies, agree to cede to the 16710 United States all that tract of country which shall be included 16711 between the boundary-line established by the treaty of Fort 16712 Wayne, the Wabash, and a line to be drawn from the mouth of 16713 a creek called Eacoon Creek, emptying into the Wabash on the 16714 southeast side, about twelve miles below the mouth of the Yer- 16715 milion Eiver, so as to strike the boundary -line established by the 16716 treaty of Grouseland at such a distance from its commencement 16717 at the northeast corner of the Vincennes tract as will leave the 16718 tract now ceded thirty miles wide at the narrowest place. And 16719 also all that tract which shall be included between the following 16720 boundaries, viz : Beginning at Fort Eecovery, thence south- 16721 wardly along the general boundary -line established by the treaty 16722 of Greenville to i ts intersection with the boundary-line estab- 16723 lished by the treaty of Grouseland ; thence along said line to a 16724 point from which a line drawn parallel to the first-mentioned 16725 line will be twelve miles distant from the same, and along the 16726 said parallel line to its intersection with a line to be drawn from 16727 Fort Eecovery parallel to the line established by the said treaty . 16728 of Grouseland. 16729 ArtiOlb 2. The Miamies explicitly acknowledge the equal 16730 right of the Delawares with themselves to the country watered 16731 by the White Eiver. But it is also to be clearly understood 16732 that neither party shall have the right of disposing of the same 16733 without the consent of the other ; and any improvements which 16734 shall be made on the said land by the Delawares, or their friends 16735 the Mochecans, shall be theirs forever. 16736 Article 3. The compensation to be given for the cession 16737 made in the first article shall be as follows, viz : to the Dela- 16738 wares a permanent annuity of five hundred dollars ; to the Mi- 16739 amies a lik« annuity of five hundred dollars ; to the Eel Eiver 16740 tribe a like annuity of two hundred and fifty dollars ; and to the 16741 Putawatimies a like annuity of five hundred dollars. 16742 Article 4. All the stipulations made in the treaty of Green- 16743 ville, relatively to the manner of paying the annuities, and the 16744 right of the Indians to hunt upon the land, shall apply to the 16745 annuities granted and the land ceded by the present treaty. 16746 Article 5. The consent of the Wea tribe shall be necessary 375 16747 to complete the title to the first tract of land here ceded ; a sep- 16748 arate convention shall be entered into between them and the 16749 United States, and a reasonable allowance of goods given them 16750 in hand, and a permanent annuity, which shall not be less than 16751 three hundred dollars, settled upon them. 16752 Article 6. The annuities promised by the third article, 16753 and the goods now delivered to the amount of five thousand two 16754 hundred dollars, shall be considered as a full compensation for 16755 the cession made in the first article. 16756 Article 7. The tribes who are parties to this treaty being 16757 desirous of putting an end to the depredations which are com- 16758 mitted by abandoned individuals of their own color, upon the 16759 cattle, horses, «&c., of the more industrious and careful, agree to 16760 adopt the following regulations, viz: when any theft or other 16761 depredation shall be committed by any individual or individuals 16762 of one of the tribes above mentioned, upon the property of any 16763 individual or individuals of another tribe, the chiefs of the party 16764 injured shall make application to the agent of the United States, 16765 who is charged with the delivery of the annuities of the tribe to 16766 which the offending party belongs, whose duty it shall be to hear 16767 the proofs and allegations on either side and determine between 16768 them; and the amount ofhis award shall be immediately deducted 16769 from the annuity of the tribe to which the offending party be- 16770 longs, and given to the person injured, or to the chief of his 16771 village for his use. 16772 Article 8. The United States agree to relinquish their 16773 right to the reservation, at the old Ouroctenon towns, made by 16774 the treaty of Greenville, so far at least as to make no further 16775 use of it than for the establishment of a military post. 16776 Article 9. The tribes who are parties to this treaty, being 16777 desirous to show their attachment to their brothers the Kicka- 16778 poos, agree to cede to the United States the lands on the north- 16779 west side of the Wabash, from the Vincennes tract to a north- 16780 wardly extention of the line running from the mouth of the 16781 aforesaid Eaccoon Greek, and fifteen miles in width from the 16782 Wabash, on condition that the United States shall allow them 16783 an annuity of four hundred dollars. But this article is to have 16784 no effect unless the Kickapoos will agree to it. 16785 Proclaimed January 16, 1810. 16786 A separate article entered into at Fort Wayne on the thirtieth day 16787 of September, in the year of our Lord one thousand eight hun- 16788 dred and nine, between William Henry Harrison, commissioner 16789 plenipotentiary of the United States for treating with the In- 16790 dian tribes, and the sachems and chief ivarriors of the Miami 376 16791 and Eel ^River tribes of Indians, which is to be considered as 16792 forming part of the treaty this day concluded between the United 16793 States and the said tribes, and their allies, the Delawares and 16794 Putawatimies. 16795 As the greater part of the lands ceded to the United States 16796 by the treaty this day concluded was the exclusive property of 16797 the Miami Nation, and guaranteed to them by the treaty of 16798 Grouseland, it is considered by the said commissioner just and 16799 reasonable that their request, to be allowed some further and 16800 additional compensation, should be complied with. It is there- 16801 fore agreed that the United States shall deliver for their use, in 16802 the course of the next spring, at Fort Wayne, domestic animals 16803 to the amount of five hundred dollars, and the like number for 16804 the two following years, and that an armoree shall be also main- 16805 tained at Fort Wayne for the use of the Indians, as heretofore. 16806 It is also agreed that if the Kickapoos confirm the ninth article 16807 of the treaty to which this is a supplement, the United States 16808 will allow to the Meamies a further permanent annuity of two 16809 hundred dollars, and to the Wea and Eel River tribes a further 16810 annuity of one hundred dollars each. 16811 Proclaimed January 16, 1810. 16812 DELA WARES AND SHAWNOES. .16813 Articles of a treaty made and entered into at Castor Hill, in the 16814 county of St. Louis, in the State of Missouri, this twenty-sixth 16815 day of October, one thousand eight hundred and thirty-two, be- 16816 tiveen William Clarlc, Frank J. Allen, and Nathan Kouns, 16817 commissioners on the part of the United States, of the one part, 16818 and the chiefs, warriors, and counsellors of the Shawnoes and 16819 Delawares, late of Gape Girardeau, in behalf of their respect- 16820 ive bands, of the other part. 16821 Whereas parts of the Shawanoe and Delaware Nations of 16822 Indians did settle on lands near the town of Cape Girardeau, 16823 under a permission from the Spanish government given to said 16824 Shawanoes and Delawares by the Baron de Carondelet, dated 16825 the fourth day of January, one thousand seven hundred and 16826 ninety-three, on which lands the Delawares resided until the 16827 year one thousand eight hundred and fifteen, at which period, 16828 from various causes, it became necessary for them to remove, 16829 leaving their fields and improvements ; and 16830 Whereas lands have been assigned to the said tribes by 16831 treaties, viz, with the Shawanoes of the seventh November, 377 16832 one thousand eight hundred and twenty-five, and with the Del- 16833 awares of the twenty-fourth September, one thousand eight 16834 hundred and twenty-nine, in which last-named treaty no com- 16835 pensation was made to the Delawares, late of Cape Girardeau, 16836 for their improvements or for their loss of stock, &c., and it be- 16837 ing the desire of thp United States to indemnify the said Dela- 16838 wares for all losses and injuries by them sustained in conse- 16839 quence of such removal, the following articles have been agreed 16840 upon by the contracting parties : 16841 Article 1. The Delawares and Shawanoes, late of Cape 16842 Girardeau, hereby cede and relinquish to the United States all 16843 their lands within the State of Missouri, and also all claims 16844 which they may have against the United States for loss of 16845 property and for improvements which they have made up to the 16846 present time. 16847 Article 2. In consideration of the foregoing cession and 16848 relinquishment the United States agree to the following stipu- 16849 lations : There shall be paid and delivered to said Delawares as 16850 soon as possible after the ratification of this treaty, horned cat- 16851 tie, hogs, and other stock, to the amount of two thousand dol- 16852 lars. 16853 For assistance in breaking up ground, and enclosing the 16854 same, one thousand dollars. 16855 For pay of a person to attend their mill for five years, and 16856 for repairs of the same during the said period, two thousand 16857 five hundred dollars. 16858 For support of a school for three years, one thousand five 16859 hundred dollars. 16860 Article 3. There shall be paid to the said Delawares on 16861 their lands, in merchandize suited to their wants, at the St. 16862 Louis cost prices, after the ratification of this treaty, the sum 16863 of five thousand dollars. There shall also be paid them the 15864 further sum of twelve thousand dollars, to be placed, at the re- 16865 quest of said Indians, in the hands of the superintendent of In- 16866 dian affairs at St. Louis, to be by him applied to the payment 16867 of debts which the said Delawares have acknowledged to be 16868 due by their nation agreeably to a schedule presented in coun- 16869 oil, and which> sum they wish paid to Menard & Vall(§ of St. 16870 Genevieve, for the benefit of William Gillis and William Mar- 16871 shall. The sum of one thousand dollars is also paid them in 16872 merchandize and cash, the receipt of which latter sum (of one 16873 thousand dollars) is hereby acknowledged. 16874 Article 4. To enable the Shwanoes who are parties to this 16875 treaty to remove immediately all the bands of their tribe who 16876 are settled in the Territory of Arkansas to the lands assigned 16877 their nation on the Kanzas Eiver, the United States will pay 48 I T 378 16878 them on the signing of this treaty eight hundred dollars in cash, 16879 and four hundred dollars in clothing and horses, the receipt of 16880 which sums, amounting to twelve hundred dollars, is hereby 16881 acknowledged. And when they shall have removed to their 16882 lands, the further sum of five hundred dollars shall be paid them 16883 towards the expenses of said removf^l. The United States will 16884 moreover furnish the said Shawanoes with provisions on their 16885 land for one year after their removal, which, together with the 16886 preceding stipulations, will be considered in full of all their 16887 claims and demands against the United States, of whatever 16888 nature. 16889 Article 5. This treaty to be obligatory on the contracting 16890 parties when ratified by the President and Senate of the United 16891 States. 16892 Proclaimed February 12, 1833. 16893 DWAMISH, SUQUAMISH, ETC. 16894 Treaty between the United Siates and the Bwdmish, Suqudmish, 16895 and other allied and subordinate tribes of Indians in Wash- 16896 ington Territory; concluded at Point Elliott, Washington 16897 Territory, January 22, 1855; 'ratified by the Senate March 16898 8, 1859. 16899 James Buchanan, President of the United States, to all and 16900 singular to whom these presents shall come, greeting : 16901 Whereas a treaty was made and concluded at Muckl-te-6h, 16902 or Point Elliott, in the Territory of Washington, the twenty- 16903 second day of January, one thousand eight hundred and flfty- 16904 five, by Isaac I. Stevens, governor and superintendent of In- -16905 dian affairs for the said Territory, on the part of the United 16906 States, and the hereinafter-named chiefs, head-men, and dele- 16907 gates of the Dw4mish, Suqudmish, Sk-t^hl-mish, Sam-dhmish, 16908 Smalh-kahmish, Skope-4hmish, St-k4h-mish, Snoqualmoo, Skai- 16909 wha-mish, N'Quentl-m4-mish, Sk-t4h-le-jum, Stoluck-wh^-mish, 16910 Sno-ho-mish, Skagit, Kik-i-411us, Swin-4-mish, Squin-4h-mish, 16911 Sah-ku-m6hu, l^Too-wh^-h^, Kook-wa-chdh-mish, Mee-see-qua- 16912 guilch, Cho-bah-4h-bish, and other allied and subordinate tribes 16913 and bands of Indians occupying certain lands situated in said 16914 Territory of Washington, on behalf of said tribes, and duly 16915 authorized by them ; which treaty is in the words and figures 16916 following, to wit : 16917 Articles of agreement and convention made and concluded at 16918 Muckl-te-oh, or Point Elliott, in the Territory of Washing- 379 16919 ton, this twenty-second day of January, eighteen hun- 16920 dred and fifty -live, by Isaac I. Stevens, governor and super- 16921 intendent of Indian aifairs for the said Territory, on the 16922 part of the United States, and the undersigned chiefs, 16923 head-men, and delegates of the Dw4mish, Suqu^mish, Sk- 16924 t4hl-mish, Sam-4hmish, Smalh-kamish, Skope-^hmish, St- 16925 ktlh-mish, Snoqu41moo, Skai-wha-mish, N'Quentl-m4mish, 16926 Sk-t^h-le-jum, Stoluck-wh4-mish, Sno-ho-mish, Sk4git, Kik- 16927 i-411us, Swin-4-mish, Squin-4h-mish, Sah-ku-m(§hu, Noo-wh^- 16928 hti., Nook-wa-ch^h-mish, Mee-see-qua-guilch, Cho-bah-dh- 16929 bish, and other allied and subordinate tribes and bands of 16930 Indians occupying certain lands situated in said Territory 16931 of Washington, on behalf of said tribes, and duly author- 16932 ized by them. 16933 Article 1. The said tribes and bands of Indians hereby 16934 cede, relinquish, and convey to the United States all their right, 16935 title, and interest in and to the lands and country occupied by 16936 them, bounded and described as follows : Commencing at a 16937 point on the eastern side of Admiralty Inlet, known as Point 16938 Pully, about midway between Commencement and Elliott Bays; 16939 thence eastwardly, running along the north line of lands here- 16940 tofore ceded to the United States by the Msqually, Puyallup, 16941 and other Indians, to the summit of the Cascade range of moun- 16942 tains; thence northwardly, following the summit of said range 16943 to the 49th parallel of north latitude ; thence west, along said 16944 i^arallel to the middle of the Gulf of Georgia ; thence through 16945 the middle of said gulf and the main channel through the Canal 16946 de Arro to the Straits of Fuca, and crossing the same through 16947 the middle of Admiralty Inlet to Suquamish Head ; thence 16948 southwesterly, through tlie peninsula, and following the divide 16949 between Hood's Canal and Admiralty Inlet to the portage known 16950 as Wilkes' Portage; thence northeastwardly, and following the 16951 line of lands heretofore ceded as aforesaid to Point Southworth, 16952 on the western side of Admiralty Inlet, and thence round the 16953 foot of Vashon's Island eastwardly and southeastwardly to the 16954 place of beginning, including all the islands comprised within 16955 said boundaries, and all the right, title, and interest of the said 16956 tribes and bands to any lands within the territory of the United 16957 States. 10958 Article 2. There is, however, reserved for the present use 16959 and occupation of the said tribes and bands the following tracts 16960 of land, viz: the amount of two sections, or twelve hundred 16961 and eighty acres, surrounding the small bight at the head 16962 of Port Madison, called by the Indians Noo-sohk-um ; the 16963 amount of two sections, or twelve hundred and eighty acres, 16964 on the north side Hwhomish Bay and, the creek emptying 380 16965 into the same, called Kwilt-seh-da ; the peninsula at the 16966 southeastern end of Perry's Island, called Sh4is-quihl, and 16967 the island called Ohah-choo-sen, situated in the Lummi Eiver, at 16968 the point of separation of the mouths emptying respectively 16969 into Bellingham Bay and the Gulf of Georgia. All which tracts 16970 shall be set apart, and so far as necessary surveyed and marked 16971 out, for their exclusive use ; nor shall any white man be permit- 16972 ted to reside upon the same without permission of the tribes or 16973 bands, and of the superintendent or agent, but, if necessary for 16974 the public convenience, roads may be run through the said re- 16975 serves, the Indians being compensated for any damage thereby 16976 done them. 16977 Article 3. There is also reserved from out the lands here- 16978 by ceded the amount of thirty-six sections, or one township of 16979 land, on the northeastern shore of Port Gardner, and north of 16980 the mouth of Snohomish Eiver, includiug Tulalip Bay and the L6981 before-mentioned Kwiltseh-da Creek, for the purpose of estab- 16982 lishing thereon an agricultural and industrial school, as herein- 16983 after mentioned and agreed, and with a view of ultimately 16984 drawing thereto and settling thereon all the Indians living west 16985 of the Cascade Mountains in said Territory : Provided, however, 16986 That the President may establish the central agency and gen- 16987 eral reservation at such other point as he may deem for the ben- 16988 efit of the Indians. 16989 Article 4. The said tribes and bands agree to remove to 16990 and settle upon the said first above-mentioned reservations with- 16991 in one year after the ratification of this tr.eaty, or sooner, if the 16992 means are furnished them. In the mean time it shall be lawful 16993 for them to reside upon any land not in the actual claim and 16994 occupation of citizens of the United States, and upon any land 16995 claimed or occupied, if with the permission of the owner. 16996 Article 5. The right of taking fish at usual and accus- 16997 tomed grounds and stations is further secured to said Indians 16998 in common with all citizens of the Territory, and of erecting 16999 temporary houses for the purpose of curing, together with the 17000 privilege of hunting and gathering roots and berries on open 17001 and unclaimed lands : Provided, however, That they shall not 17002 take shell-fish from any beds staked or cultivated by citizens. 17003 Article 6. In consideration of the above cession, the 17004 United States agree to pay to the said tribes and bands the sum 17005 of one hundred and fifty thousand dollars, in the following man- 17006 ner, that is to say : For the first year after the ratification 17007 hereof, fifteen thousand dollars ; for the next two years, twelve 17008 thousand dollars each year; for the next three years, ten thous- 17009 and dollars each year ; for the next four years, seven thousand 17010 five hundred dollars each year; for the next five years, six 381 17011 thousand dollars each year ; and for the last five years, four 17012 thousand two hundred and fifty dollars each year. All which 17013 said sums of money shall be applied to the use and benefit of 17014 the said Indians, under the direction of the President of the 17015 United States, who may, from time to time, determine at his 17016 discretion upon what beneficial objects to expend the same ; and 17017 the superintendent of Indian affairs, or other proper officer, 17018 shall each year inform the President of the wishes of said lu- 17019 dians in respect thereto. 17020 Article 7. The President may hereafter, when in his opin- 17021 ion the interests of the Territory shall require and the welfare 17022 of the said Indians be promoted, remove them from either or all 17023 of the special reservations hereinbefore made to the said gen- 17024 eral reservation, or such other suitable place within said Terri- 17025 torjr as he may deem fit, on remunerating them for their im- 17026 provements and the expenses of such removal, or may consoli- 17027 date them with other friendly tribes or bands ; and he may 17028 further, at his discretion, cause the whole or any portion of the 17029 lands hereby reserved, or of such other land as may be selected 17030 in lieu thereof, to be surveyed into lots, and assign the same to 17031 such individuals or families as are willing to avail themselves of 17032 the privilege, and will locate on the same as a permanent home 37033 on the same terms and subject to the same regulations as are 17034 provided in the sixth article of the treaty with the Omahas, so 17035 far as the same may be applicable. Any substantial improve- 17036 ments heretofore made by any Indian, and which he shall be 17037 compelled to abandon in consequence of this treaty, shall be 17038 A^alued under the direction of the President, and payment 1/039 made accordingly therefor. 17040 Article S. The annuities of the aforesaid tribes and bands 17041 shall not be taken to pay the debts of individuals. 17042 Article 9. The said tribes and bands acknowledge their 17043 dependence on the Government of the United States and promise 17044 to be friendly with all citizens thereof, and they pledge them- 17045 selves to commit no depredations on the property of such citi- 17046 zens. Should any one or more of them violate this pledge, and the 17047 fact be satisfactorily proven before the agent, the property taken 17048 shall be returned, or in default thereof, or if injured or destroyed, 17049 compensation may be made by the Government out of their 17050 annuities. Nor will they make war on any other tribe except 17051 in self-defence, but will submit all matters of difference between 17052 them and the other Indians to the Government of the United 17053 States or its agent for decision, and abide thereby. And if any 17054 of the said Indians commit depredations on other Indians within 17055 the Territory, the same rule shall prevail as that prescribed in 17056 this article in cases of depredations against citizens. And the 382 17057 said tribes agree not to shelter or conceal offenders against the 17058 laws of the United States, but to deliver them up to the author- 17059 ities for trial. 17060 Aeticle 30. The above tribes and bands are desirous to 17061 exclude from their reservations the use of ardent spirits, and to 17062 prevent their people from drinking the same, and therefore it is 17063 provided that any Indian belonging to said tribe who is guilty 17064 of bringing liquor into said reservations, or who drinks liquor, 17065 may have his or her proportion of the annuities withheld from 17066 him or her for such time as the President may determine. 17067 Aeticle 11. The said tribes and bands agree to free all 17068 slaves now held by them, and not to purchase or acquire others 17069 hereafter. 17070 Aeticle 12. The said tribes and bands further agree not 17071 to trade at Vancouver's Island or elsewhere out of the dominions 17072 of the United States, nor shall foreign Indians be permitted to 17073 reside in their reservations without consent of the superintend- 17074 ent or agent. 17075 Aeticle 13. To enable the said Indians to remove to and 17076 settle upon their aforesaid reservations, and to clear, fence, and 17077 break up a sufi&cient quantity of land for cultivation, the United 17078 States further agree to pay the sum of fifteen thousand dollars, 17079 to be laid out and expended under the direction of the Presi- 17080 dent, and ia such manner as he shall approve. 17081 Aeticle 14. The United States further agree to establish 17082 at the general agency for the districtofPuget's Sound, within 17083 one year from the -ratification hereof, and to support for a period 17084 of twenty years, an agricultural and industrial school, to be 17085 free to children of the said tribes and bands in common with 17086 those of the other tribes of said district, and to provide the said 17087 school with a suitable instructor or instructors, and also to pro- 17088 vide a smithy and carpenter's shop, and furnish them with the 17089 necessary tools, and employ a blacksmith, carpenter, and farmer 17090 for the like term of twenty years to instruct the Indians in their 17091 respective occupations. And the United States finally agree to 17092 employ a ijhysician, to reside at the said central agency, who 17093 shall furnish medicine and advice to their sick, and shall vacci- 17094 nate them ; the expenses of said school, shops, persons employed, 17095 and medical attendauce to be defrayed by the United States, 17096 and not deducted from the annuities. 17097 Aeticle 15. This treaty shall be obligatory on tlie con. 17098 tracting parties as soon as the same shall be ratified by the 17099 President and Senate of the United States. 17100 Proclaimed April 11, 1859, 383 17101 EEL EIVBRS, WYANDOTS, ETC. 17102 At a council holden at Vincennes on the seventh day of August, one 17103 thousand eight hundred and three, under the direction of Wil- 17104 Ham Henry Harrison, governor of the Indiana Territory, 17105 superintendent of Indian affairs, and commissioner plenipoten- 17106 tiary of the United States for concluding any treaty or treaties 17107 which may be found necessary with any of the Indian nations 17108 northwest of the river Ohio, at which loere present the chiefs 17109 and warriors of the Uel River, Wyandot, Pianltashaw, and 17110 KaslcasJcia Nations, and also the tribe of the Kilcapoes, by their 17111 representatives, the chiefs of the Uel River Nation. 17112 The fourth article of the treaty holden and concluded at Port 17113 Wayne, on the seventh day of June, (see page 371,) one thousand 17114 eight hundred and three, being considered, the chiefs and warriors 17115 of the said nations give their free and full consent to the same, 17116 and they do hereby relinquish and confirm to the United States 17117 the privilege and right of locating three several tracts of land, 17118 of one mile square each, on the road leading from Vincennes to 17119 Kaskaskia, and also one other tract of land of one mile square 17120 on the road leading from Vincennes to Olarksville ; which loca- 17121 tions shall be made in such places on the aforesaid roads as 17122 shall best comport with the convenience and interest of the 17123 United States in the establishment of houses of entertainment 17124 for the accommodation of travellers. 17125 Proclaimed December 23, 1803. 17126 ' PLATHEADS, ETC. 17127 Treaty between the United States and the Flathead, Kootenay, and 17128 Upper Fend d'Oreilles Indians, concltided at Hell Gate, in the 17129 Bitter Boot Valley, July 16, 1855; ratified by the Senate 17130 March 8, 1859. 17131 James Buchanan, President of the United States of America, 17132 to all and singular to whom these presents shall come, 17133 greeting : 17134 Whereas a treaty was made and concluded at the treaty- 17135 ground at Hell Gate, in the Bitter Boot Valley, on the sixteenth 17136 day of July, eighteen hundred and fifty-five, between Isaac I. 17137 Stevens, governor and superintendent of Indian affairs for the 17138 Territory of Washington, on the part of the United States, and 17139 the hereinafter-named chiefs, head-men, and delegates of the 384 17140 confederated tribes of the Flathead, Kootenay, and Upper Pend 17141 d' Qreilles Indians, on behalf of and acting for said confederated 17143 tribes, and duly authorized thereto by them, which treaty is in 17143 the words and figures following, to wit : 17144 Articles of agreement and convention made and concluded at 17145 the treaty-ground at Hell Gate, in the Bitter Eoot Yalley, 17146 this sixteenth day of July, in the year one thousand eight 17147 hundred and fifty-five, by and between Isaac I. Stevens, 17148 governor and superintendent of Indian affairs for the Terri- 17149 tory of Washington, on the part of the United States, and 17150 the undersigned chiefs, head-men, and delegates of the con- 17151 federated tribes of the Flathead, Kootenay, and Upper 17152 Pend d'Oreilles Indians, on behalf of and acting for said 17153 confederated tribes, and being duly authorized thereto by 17154 them. It being understood and agreed that the said confed- 17155 erated tribes do hereby constitute a nation, under the 17156 Jiame of the Flathead Nation, with Victor, the head chief 17157 of the Flathead tribe, as the head chief of the said nation, 17158 and that the several chiefs, head-men, and delegates, whose 17159 names are signed to this treaty, do hereby, in behalf of 17160 their respective tribes, recognise Victor as said head chief. 17161 Article 1. The said confederated tribes of Indians hereby 17162 cede, relinquish, and convey to the United States all their right, 17163 title, and interest in and to the country occupied or claimed by 17164 them, bounded and described as follows, to wit : 17165 Commencing on the main ridge of the Eocky Mountains, at 17166 the forty-ninth {49th) parallel of latitude; thence westwardly on 17167 that parallel to the divide between the Flat-bow or Kootenay 17168 Eiver and Clarke's Fork ; thence southerly and southeasterly 17169 along said divide to the one hundred and fifteenth degree of 17170 longitude, (115°;) thence in a southwesterly direction to the di- 17171 vide between the sources of the St. Eegis Borgia and the Coeur 17172 d'Alene Eivers ; thence southeasterly and southerly along the 17173 main ridge of the Bitter Eoot Mountains to the divide between 17174 the head- waters of the Koos-koos-kee Eiver and of the south - 17175 western fork of the Bitter Eoot Eiver ; thence easterly along the 37176 divide separating the waters of the several tributaries of the 17177 Bitter Eoot Eiver from the waters flowing into the Salmon and 17178 Snake Eivers, to the main ridge of the Eocky Mountains, and 17179 thence northerly along said main ridge to the place of begin- 17180 ning. 17181 Article 2. There is, however, reserved from the lands 17182 above ceded, for the use and occupation of the said confederated 17183 tribes, and as a general Indian reservation, upon which may be 17184 placed other friendly tribes and bands of Indiansof the Territory 17185 of Washington who may agree to be consolidated with the tribes 385 17186 parties to this treaty, under thecommon designation of the Flat- 17187 head Nation, with Victor, head chief of the Flathead tribe, as 17188 the head chief of the nation, the tract of land included within 17189 the following boundaries, to wit : 17190 Commencing at the source of the main branch of the Jocko 17191 River; thence along the divide separating the waters flowing 17192 into the Bitter Eoot Eiver from those flowing into the Jocko, 17193 to a point on Clarke's Fork between the Camash and Horse 17194 Prairies ; thence northerly to, and along the divide bounding 17195 on the west the Flathead Eiver, to a point due west from the 17196 point half way in latitude between the northern and southern 17197 extremities of the Flathead Lake ; thence on a due east course 17198 to the divide whence the Crow, the Prune, the So-ni-elem and 17199 the Jocko Elvers take their rise, and thence southerly along said 17200 divide to the place of beginning. 17201 All which tract shall be set apart, and, so far as necessary, 17202 surveyed and marked out for the exclusive use and benefit of 17203 said confederated tribes as an Indian reservation. JSTor shall 17204 any white man, excepting those in the employment of the In- 17205 dian department, be permitted to reside upon the said reserva- 17206 tion without permission of the confederated tribes, and the 17207 superintendent and agent. And the said confederated tribes 17208 agree to remove to and settle upon the same within one year 17209 after the ratification of this treaty. In the mean time it shall 17210 be lawful for them to reside upon any ground not in the actual 17211 claim and occupation of citizens of the United States, and upon 17212 any ground claimed or occupied, if with the permission of the 17213 owner or claimant. 17214 Guaranteeing, however, the right to all citizens of the United 17215 States to enter upon and occupy as settlers any lands not actu- 17216 ally occupied and cultivated by said Indians at this time, and 17217 not included in the reservation above named. And provided, 17218 That any substantial improvements heretofore made by any In- 17219 dian, such as fields enclosed and cultivated, and houses erected 17220 upon the lands hereby ceded, and \Yhich he may be compelled 17221 to abandon in consequence of this treaty, shall be valued under 17222 the direction of the President of the United States, and pay- 17223 ment made therefor in money, or improvements of an equal 17224 value be made for said Indian upon the reservation ; and noln- 17225 dian will be required to abandon the improvements aforesaid, 17226 now occupied by him, until their value in money or iroprove- 17227 ments of an equal value shall be furnished him as aforesaid. 17228 Article 3. And provided, That, if necessary for the public 17229 convenience, roads may be run through the said reservation ; 17230 and, on the other hand, the right of way, with free access from 1723L the same to the nearest public highway, is secured to them, as 49 I T 386 17232 also the rigbt in common with citizens of the United States to 17233 travel upon all public highways. 17234 The exclusive right of taking fish in all the streams running 17235 through or bordering said reservation is further secured to said 17236 Indians ; as also the right of taking fish at all usual and aocus- 17237 tomed places, in common with citizens of the Territory, and of 17238 erecting temporary buildings for curing ; together -with the 17239 privilege of hunting, gathering roots and berries, and pasturing 17240 their horses and cattle upon open and unclaimed land. 17241 Article 4. In consideration of the above cession, the 17242 United States agree to pay to the said confederated tribes of 17243 Indians, in addition to the goods and provisions distributed to 17244 them at the time of signing this treaty, the sum of one hundred 17245 and twenty thousand dollars, in the following manner, that is to 17246 say: For the first year after the ratification hereof, thirty-six 17247 thousand dollars, to be expended, under the direction of the 17248 President, in providing for their removal to the reservation, 17249 breaking up and fencing farms, building houses for them, and 17250 for such other objects as he may deem necessary. For the next 17251 four years, six thousand dollars each year; for the next five 17252 years, five thousand dollars each year; for the next five years, 17253 four thousand dollars each year; and for the next five years, 17254 three thousand dollars each year. 17255 All which said sums of money shall be applied to the use 17256 and benefit of the said Indians, under the direction of the Presi- 17257 dent of the United States, who may from time to time determine 17258 at his discretion, upon what beneficial objects to expend the same 17259 for them ; and the superintendent of Indian affairs, or other 17260 proper officer, shall each year inform the President of the wishes 17261 of tlie Indians in relation thereto. 17262 Article 5. Tlie United States further agree to establish, at 17263 suitable points within said reservation, within one year after the 17264 ratification hereof, an agricultural and industrial school, erect- 17265 ing the necessary buildings, keeping the same in repair, and pro- 17266 viding it with furniture, books, and stationery, to be located at 17267 the agency, and to be free to the children of the said tribes, and 17268 to employ a suitable instructor or instructors; to furnish one 17269 blacksmith shop, to which shall be attached a tin and gun shop ; 17270 one carpenter's shop ; one wagon and xjloughmaker's shop ; and 17271 to keep the same in repair, and furnished with the necessary 17272 tools; to employ two farmers, one blacksmith, one tinner, one 17273 gunsmith, one carpenter, one wagon and ijlough maker, for the 17274 instruction of the Indians in trades, and to assist them in the 17275 same; to erect one saw-mill and one flouring-mill, keeping the 17276 same in repair, and furnished with the necessary tools and flx- 17277 tures, and to employ two millers; to erect a hospital, keeping 387 17278 the same in repair, and provided with the necessary medicines 17279 and furniture, and to employ a physician; and to erect, keep in 17280 repair, and provide with the necessary furniture, the buildings 17281 required for the accommodation of the said employees. The 17282 said buildings and establishments to be maintained and kept in 17283 repair as aforesaid, and the employees to be kept in service for 17284 the period of twenty years. 17285 And in view of the fact that the head chiefs of the said con- 17286 federated tribes of Indians are expected and will be called upon 17287 to perform many services of a public character, occupying much 17288 of their time, the United States further agree to pay to each of 17289 the Flathead, Kootenay, and Upper Pend d'Oreilles tribes Ave 17290 hundred dollars per year, for the term of twenty years after the 17291 ratification hereof, as a salary for such persons as the said con- 17292 federated tribes may. select to be their head chiefs, and to build 17293 for them, at suitable points on the reservation, a comfortable 17294 house, and properly furnish the same, and to plough and fence 17295 for each of them ten acres of land. The salary to be ijaid to, 17296 and the said houses to be occupied by, such head chiefs so long 17297 as they may be elected to that position by their tribes, and no 17298 longer. 17299 And all the expenditures and expenses contemplated in this 17300 article of this treaty shall be defrayed by the United States, and 17301 shall not be deducted from the annuities agreed to be paid to 17302 said tribes. lN"or shall the cost of transporting the goods for the 17303 annuity payments be a charge upon the annuities, but shall be 17304 defrayed by the United States. 17305 Article 6. The President may from time to time, at his 17306 discretion, cause the whole, or such portion of such reservation 17307 as he may think proper, to be surveyed into lots, and assign the 17308 same to such individuals or families of the said confederated 17309 tribes as are willing to avail themselves of the privilege, and 17310 will locate on the same as a permanent home, on the same terms 17311 and subject to the same regulations as are provided in the sixth 17312 article of the treaty with the Omahas, so far as the same may 17313 be applicable. 17314 K B. — The article referred to is contained in the treaty with 17315 the Omahas, proclaimed June 21, 1854, and reads as follows : 17316 " Article 6. The President may from time to time, at his 17317 discretion, cause the whole or such portion of the land hereby 17318 reserved, as he may think proper, or of such other land as may 17319 be selected in lieu thereof, as provided for in article first, to be 17320 surveyed into lots, and to assign to such Indian or Indians of 17321 said tribe as are willing to avail of the privilege, and who will 17322 locate on the same as a permanent home, if a single person over 17323 twenty-one years of age, one-eighth of a section ; to each family 388 17324 of two, one quarter sectioa ; to each family of three aud not 17325 exceeding five, one half section ; to each family of six and not 17326 exceeding ten, one section ; and to each family over ten in num- 17327 ber, one quarter section for every additional five members. And 17328 he may prescribe such rales and regulations as will insure to the ;L7329 family, in case of the death of the head thereof, the possession 17330 and enjoyment of such permanent home and the improvements 17331 thereon. And the President may, at any time, in his discretion 17332 after such person or family has made a location on the land as- 17333 signed for a permanent home, issue a patent to such person or 17334 family for such assigned land, conditioned that the tract shall 17335 not be aliened or leased for a longer term than two years ; and 17333 shall be exempt from levy, sale, or forfeiture, which conditions 17337 shall continue in force until a State constitution, embracing such 17338 lands -within its boundaries, shall have been formed, and the 17339 legislature of the State shall remove the restrictions. And if 17340 any such person or family shall at any time neglect or refuse to 17341 occupy and till a portion of the lauds assigned and on which 17342 they have located, or shall rove from place to place, the Presi- 17343 dent may, if the patent shall have been issued, cancel the assign- 17344 ment, and may also withhold from such person or family, their 17345 proportion of the annuities or other moneys due them, until 17346 they shall have retur'ed to such permanent home, and resumed 17347 the pursuits of industry ; and in default of their return the tract 17348 may be declared abandoned, and thereafter assigned to some 17349 other person or family of such tribe, or disposed of as is pro- 17350 vided for the disposition of the excess of said land» And the 17351 residue of the land hereby reserved, or of that which may be 17352 selected in lieu thereof, after all of the Indian persons or fami- 17353 lies shall have had assigned to them permanent homes, may be 17354 sold for their benefit, under such laws, rules, or regulations, as 17355 may hereafter be prescribed by the Congress or President of 17356 the United States. ISo State legislature shall remove the restric- 17357 tions herein provided for, without the consent of Congress." 17358 Article 7. The annuities of the aforesaid confederated 17359 tribes of Indians shall not be taken to pay the debts of indi- 17360 viduals. 17361 Article 8. The aforesaid confederated tribes of Indians 17362 acknowledge their dependence upon the Government of the 17363 United States, and promise to be friendly with all citizens thereof, 17364 and pledge themselves to commit no depredations upon the 17365 property of such citizens. And should any one or more of them ^7366 violate this pledge, and the fact be satisfactorily proved before 17367 the agent, the property taken shall be returned, or, in default 17368 thereof, or if injured or destroyed, compensation may be made 17369 by the Government out of the annuities, Nor will they make 389 17370 war on any other tribe except in self-defence, but will submit 17371 all matters of difference between them and other Indians to the 17372 Government of the United States, or its agent, for decision, and 17373 abide thereby. And if any of the said Indians commit any dep- 17374 redations on any other Indians within the jurisdiction of the 17375 United States, the same rule shall prevail as that prescribed 17376 in this article, in case of depredations against citizens. And 17377 the said tribes agree not to shelter or conceal offenders against 17378 the laws of the United States, bat to deliver them up to the au- 17379 thorities for trial. 17380 Article 9. The said confederated tribes desire to exclude 17381 from their reservation the use of ardent spirits, and to prevent 17382 their people from drinking the same ; and therefore it is pro- 17383 vided that any Indian belonging to said confederated tribes of 17384 Indians who is guilty of bringing liquor into said reservation, 17385 or who drinks liquor, may have his or her proportion of the an- 17386 nuities withheld from him or her for such time as the President 17387 may determine. 17388 Article 10. The United States further agree to guaranty 17389 the exclusive use pf the reservation provided for in this treaty, 17390 as against any claims which may be urged by the Hudson Bay 17391 Company under the provisions of the treaty between the United 17392 States and Great Britain of the fifteenth of June, eighteen hun- 17393 dred and forty-sis, in consequence of the occupation of a trading- 17394 post on the Pru-in Eiver by the servants of that company. 17395 Article 11. It is, moreover, provided that the Bitter Root 17396 Yalley, above the Loo lo Fork, shall be carefully surveyed and 17397 examined, and if it shall prove, in the judgment of the Pres- 17398 ident, to be better adapted to the wants of the Flathead tribe 17399 than the general reservation provided for in this treaty, then 17400 such portions of it as may be necessary shall be set apart as a 17401 separate reservation for the said tribe. No portion of the Bitter 17402 Eoot Valley above the Loo-lo Fork shall be opened to settlement 17403 until such examination is had and the decision of the President 17404 made known. 17405 Article 12. This treaty shall be obligatory upon the con- 17406 tracting parties as soon as the same shall be ratified by the 17407 President and Senate of the United States. 17408 Proclaimed April 18, 1859. 17409 FLOEIDA TRIBES. 17410 Treaty unth the Florida tribes of Indians. 17411 Article 1. The undersigned chiefs and warriors, for them- 17412 selves and their tribes, have appealed to the humanity and thrown 17413 themselves on, and have promised to continue under, the pro- 590 17414 tectiou of the United States, and of no other nation, power, or 17415 sovereign, and, in consideration of the promises and stipulations 17416 hereinafter made, do cede and relinquish all claim or title which 17417 they may have to the whole territory of Florida, with the excep- 17418 tion of such district of country as shall herein be allotted to 17419 them. 17420 Article 2. The Florida tribes of Indians will hereafter be 17421 concentrated and confined to the following metes and boundaries : 17422 commencing five miles north of Okehumke, running in a direct 17423 line to a point five miles west of Setarky's settlement, on the 17424 waters of Amazura, (or Withlahuchie Eiver,) leaving said set- 17425 tlement two miles south of the line; from thence, in a direct line, 17426 to the south end of the Big Hammock, to include Chickuchate ; 17427 continuing in the same direction for five miles beyond the said 17428 Hammock, provided said point does not approach nearer than 17429 fifteen miles the sea-coast of the Gulf of Mexico ; if it does, the 17430 said line will terminate at that distance from the sea-coast ; 17431 thence south twelve miles ; thence in a south 30° east direction 17432 until the same shall strike within five miles of the main branch 17433 of Charlotte Eiver; thence, in a due east direction, to within 17434 twenty miles of the Atlantic coast ; thence north, fifteen west, for 17435 fifty miles, and from this last to the beginning point. 17436 Article 3. The United States will take the Florida Indians 17437 under their care and patronage, and will afford them protection 17438 against all persons whatsoever, provided they conform to the 17439 laws of the United States and refrain from making war, or giving 17440 any insult to any foreign nation, without having first obtained 17441 the permission and consent of the United States. And, in con- 17442 sideration of the appeal and cession made in the first article of 17443 this treaty by the aforesaid chiefs and warriors, the United 17444 States promise to distribute among the tribes, as soon as concen- 17445 trated under the direction of their agent, implements of hus- 17446 bandry, and stock of cattle and hogs, to the amount of six 17447 thousand dollars, and an annual sum of five thousand dollars a 17448 year for twenty successive years, to be distributed as the Presi- 17449 dent of the United States shall direct, through the Secretary 17450 of War, or his superintendents and agent of Indian affairs. 17451 Article 4. The United States promise to guaranty to the 17452 said tribes the i)eaceable possession of the district of country 17453 herein assigned them, reserving the right of opening through it 17454 such roads as may, from time to time, be deemed necessary ; 17455 and to restain and prevent all white persons from hunting, set- 17456 tling, or otherwise intruding upon it. But any citizen of the 17457 United States, being lawfully authorized for that purpose, shall 17458 be permitted to pass and repass through the said district, and to 391 17459 navigate the waters thereof, without any hindrance, toll, or ex- 17460 action, from said tribes. 17461 Article 5. For the purpose of facilitating the removal of 17462 the said tribes to the district of country allotted them, and, as 17463 a compensation for the losses sustained, or the inconveniences 17464 to which they may be exposed by said removal, the United States 17465 will furnish them with rations of corn, meat, and salt, for twelve 17466 months, commencing on the first day of February next; and 17467 they further agree to compensate those individuals who have 17468 been compelled to abandon improvements on lands not em- 17469 braced within the limits allotted, to the aniouut of four thou- 17470 sand five hundred dollars, to be distributed amt)ng the sufferers, 17471 in a ratio to each proportional to tbe value of the improve- 17472 meuts abandoned. The United States further agree to furnish 17473 a sum, not exceeding two thousand dollars, to be expended by 1 7474 their agent, to facilitate the transportation of the different tribes 17475 to the point of concentration designated. 17476 Aeticli; 6. An agent, sub-agent, and interpreter shall 17477 be appointed, to reside within the Indian boundary aforesaid, to 17478 watch over the interests of said tribes ; and the United States 17479 further stipulate, as an evidence of their humane policy towards 17480 said tribes, who have appealed to their liberality, to allow for 17481 the establishment of a school at the agency one thousand dollars 17482 per year for twenty successive years ; and one thousand dol- 17483 lars per year, for the same period, for the support of a gun and 17484 black smith, with the expenses incidental to his shop. 17485 Article 7. The chiefs and warriors aforesaid, for themselves 17486 and tribes, stipulate to be active and vigilant in the preventing 17487 the retreating to, or passing through, of the district of country 17488 assigned them, of any absconding slaves, or fugitives from jus- 17489 tice; and further agree to use all necessary exertions to appre- 17490 hend and deliver the same to the agent, who shall receive orders 17491 to compensate them agreeably to the trouble and expenses in- 17492 curred. 17493 Article 8. A commissioner or commissioners, with a sur- 17494 veyor, shall be appointed, by the President of the United States, 17495 to run and marli (blazing fore and aft the trees) the line as de- 17496 fined in the second article of this treaty, who shall be attended 17497 by a chief or warrior, to be designated by a council of their own 17498 tribes, and who shall receive, while so employed, a daily com- 17499 pensation of three dollars. 17500 Article 9. The undersigned chiefs and warriors, for them- 17501 selves and tribes, having objected to their concentration within 17502 the limits described in the second article of this treaty, under 17503 the impression that the said limits did not contain a sufficient 17504 quantity of good land to subsist them, and for no other reason : 392 17505 it is, therefore, expressly understood, between the United States 17506 and the aforesaid chiefs and warriors that, should the country 17507 embraced in the said limits, upon examination by the Indian ] 7608 agent and the commissioner or commissioners to be appointed 17509 under the 8th article of this treaty, be by them considered insuf- 17510 flcient for the support of the said Indian tribes, then the north 17511 line, as defined in the second article of this treaty, shall be re- 17512 moved so far north as to embrace a sufficient quantity of good 17513 tillable land. 17514 Akticle 10. The undersigned chiefs and warriors, for them- 17515 selves and tribes, have expressed to the commissioners their 17516 unlimited* confidence in their agent, Colonel Gad Humphreys, 17517 and their interpreter, Stephen Eichards, and, as an evidence of 17518 their gratitude for their services and humane treatment, and 17519 brotherly attentions to their wants, request that one mile square, 17520 embracing the improvements of Enehe Mathla, at Tallahassee, 17521 (said improvements to be considered as the centre) be conveyed, 17522 in fee-simple, as a present to Colonel Gad Humphreys. And 17523 they further request that one mile square, at the Ochesee Bluffs, 17524 embracing Stei)hen Richard's field on said bluffs, be conveyed, 17525 in fee-simple, as a present to said Stephen Eichards. The coqi- 17526 missioners accord in sentiment with the undersigned chiefs and 17527 warriors, and recommend a compliance with their wishes to 17528 the President and Senate of the United States; but the dis- 17529 approval, on the part of the said authorities, of this article 17530 shall in nowise affect the other articles and stipulations con- 17531 eluded on in this treaty. 17532 ADDITIONAL AETICLB. 17533 Whereas Neo Mathla, John Blunt, Tuski Hajo, Mulatto 17534 King, Emathlochee, and Econchatimico, six of the principal 17535 chiefs of the Florida Indians, and parties to the treaty to which 17536 this article has been annexed, have warmly appealed to the com- 17537 missioners for permission to remain in the district of country 17538 now inhabited by them; and, in consideration of their friendly 17539 disposition and past services to the United States, it is, 17540 therefore, stipulated between the United States and the afore- 17541 said chiefs that the following reservations shall be surveyed, 17542 and marked by the commissioner or commissioners to be ap- 17543 pointed under the eighth article of this treaty: For the use of 17544 Nea Mathla and his connections, two miles square, embracing the 17545 Tuphulga Village, on the waters of Eocky Comfort Greek. For 17546 Blunt and Tuski Hajo, a reservation, commencing on the Apa- 17547 lachicola, one mile below Tuski Hajo's improvements, running 17548 up said river four miles ; thence west two miles ; thence south- 17549 erly to a iroint two miles due west of the beginning; thence 393 17550 east to the beginning point. For Mulatto King and Emathlo- 17551 chee, a reservation, commencing on the Apalachicola, at a point 17552 to include Yellow Hair's improvements ; thence up said river 17553 for four miles; thence west one mile; thence southerly to a 17554 poiut one mile west of the beginning; and thence east to the 17555 beginning point. For Econchatimico, a reservation commenc- 17556 ing on the Chatahoochie, one mile below Econchatimico's house ; 17557 thence up said river for four miles ; thence one mile west ; thence 17558 southerly to a point one mile west of the beginning ; thence east 17559 to the beginning point. The United States promise to guar- 17560, anty the peaceable possession of the said reservations, as defined, 17561 to the aforesaid chiefs and their descendants only so long as 17562 they shall continue to occupy, improve, or cultivate the same; 17563 but in the eyent of the abandonment of all or either of the 17564 reservations by the chief [or chiefs to whom they have been 17565 allotted, the reservation or reservations so abandoned shall re- 17566 vert to the United States, as included in the cession made in 17567 the first article of this treaty. It is further understood that 17568 the uames of the individuals remaining on the reservations 17569 aforesaid shall be furnished, by the chiefs in whose favour the 17570 reservations have been made, to the superintendent or agent 17571 of Indian affairs in the territory of Florida; and that no other 17572 individuals shall be received or permitted to remain within said 17573 reservations, without the previous consent of the superintendent 17574 or agent aforesaid. And, as the aforesaid chiefs are authorized to 17575 select the individuals remaining with them, so they shall each 17576 be separately held responsible for the peaceable conduct of their 17677 towns, or the individuals residing on the reservations allotted 17578 them. It is further understood between the parties that this 17579 agreement is not intended to prohibit the voluntary removal, at 17580 any future period, of all or either of the aforesaid chiefs and 17581 their connections to the district of country south, allotted to 17582 the Florida Indians by the second article of this treaty, when- 17583 ever either or all may think proper to make such an election ; 17584 the United States reserving the right of ordering, for any out- 17585 rage or misconduct, the aforesaid chiefs, or either of them, with 17586 their connections, within the district of country south, aforesaid 17587 It is further stipulated by the United States that, of the six 17588 thousand dollars appropriated for implements of husbandry, 17589 stock, &c., in the third article of this treaty, eight hundred dol- 17590 lars shall be distributed in the same manner among the afore- 17591 said chiefs and their towns; and it is understood that, of the 17592 annual sum of five thousand dollars, to be distributed by the 17593 President of the United States, they will receive their propor- 17594 tion. It is further stipulated that, of the four thousand five 17595 hundred dollars, and two thousand dollars, provided for by the 50 I T 394 17596 5tli article of this treaty, for the payment for improvements and 17597 transportation, five hundred dollars shall be awarded to Keo 17598 Mathla, as a compensation for the improvements abandoned by 17599 him, as well as to meet the expenses he will unavoidably be ex- 17600 posed to by his own removal and that of his connections. 17601 Proclaimed January 2, 1824. 17602 FOXES. 17603 A treaty of peace and friendship made and concluded betiveen. Will- 17604 iam Glarlc, Ninian Edwards, and Auguste Gliouteau, conimis- 17605 sioners-plenipotentiary of the United States of America, on the 17606 part and behalf of the said States, of the one part, and the 17607 undersigned Icing, chiefs, and warriors of the Fox Tribe or 17608 Nation, on the part and behalf of the said tribe or nation , oj 17609 the other part. 17610 The parties being desirous of re-establishiug peace and 17611 friendship between the United States and the said tribe or nation , 17612 and of being placed in all things, and in every repect, on the 17613 same footing upon which they stood before the war, have agreed 17614 to the following articles: 17615 Akticlb 1. Every injury or act of hostility by one or either 17616 of the contracting parties against the other shall be mutually 17617 forgiven and forgot. 17618 Article 2. There shall be perpetual peace and friendship 17619 between the citizens of the United States of America and all 17620 the individuals composing the said Fox Tribe or Nation, 17621 Article 3. The contracting parties do hereby agree, prom- 17622 ise, and oblige themselves, reciprocally, to deliver up all the 17623 prisoners now in their hands, (by what means soever the same 17624 may have come into their possession,) to the officer commanding 17625 at Fort Clark, on the Illinois Eiver, to be by him restored to 17626 their respective nations as soon as it may be practicable. 17627 Article 4. The said Fox Tribe or Nation do hereby assent 17628 to, recognize, re-establish, and confirm the treaty of St. Louis, 17629 which was concluded oh the third day of November, one thou- 17630 sand eight hundred and four, to the full extent of their interest 17631 in the same, as well as all other contracts 3,nd agreements 17632 between the parties; and the United States promises to fulfil 17633 all the stipulations contained in the said treaty in favor of the 17634 said Fox Tribe or Nation. 17635 Eatifled December 26, 1815, 395 17636 ILLINOIS. . 17637 A treaty made and concluded by and tetween Ninian Edwards and 17638 Auguste Chouteau, commissioners on the part and behalf of the 17639 United States of America, of the one part, and the undersigned, 17640 principal chiefs and warriors of the Peoria, KaslcasTcia, Mitch- 17641 igamia, Gaholda, and Tamarois tribes of the Illinois Nation 17642 of Indians, on the part and behalf of the said tribes, of the 17643 other part. 17644 Whereas, by the treaty made at Viucennes, on the thirteenth 17645 day of August, in the year of our Lord one thousand eight hun- 17646 dred and three, between the United States, of the one part, and 17647 the head chiefs and warriors of the tribe of Indians, commonly 17648 called the Kaskaskia tribe, but which was composed of, and 17649 rightfully represented, the Kaskaskia, Mitchigamia, Cahokia, 17650 and Tamarois tribes of the Illinois Nation of Indians, of the 17651 other part, a certain tract of land was ceded to the United 17652 States, -which was supposed to include all the land claimed by 17653 those respective tribes, but which did not include, and was not 17654 intended to include, the land which was rightfully claimed by 17655 the Peoria Indians, a tribe of the Illinois Nation, who then did, 17656 and still do, live separate and apart from the tribes above men- 17657 tioned, and who were not represented in the treaty refer'ed to 17658 above, nor ever received any part of the consideratibn given for 17659 the cession of land therein mentioned; and 17660 Whereas the said tribe of Peoria are now also disposed to 17661 cede all their land to the United States, and, for the purpose of 17662 avoiding any dispute with regard to the boundary of their claim, 17663 are 'willing to unite with the Kaskaskia, Mitchigamia, Cahokia, 17664 and Tamarois tribes, in confirming the cession of land to the 17665 United States which was made by the treaty above refer'ed to, 17666 and in extending the cession so as to include all the land claimed 17667 by those tribes, and themselves, respectively : 17668 Article 1. For which purpose the undersigned, head chiefs 17669 and warriors of the Peoria, Kaskaskia, Mitchigamia, Cahokiaj 17670 and Tamarois tribes of the Illinois Nation of Indians, for the 17671 considerations hereinafter mentioned, do hereby relinquish, cede, 17672 and confirm, to the United States, all the land included within 17673 the following boundaries, viz: Beginning at the confluence of 17674 the Ohio and Mississippi Elvers ; thence up the Ohio to the 17675 mouth of Saline Creek, about twelve miles below the mouth of 17676 the Wabash; thence along the dividing ridge between the waters 17677 of said creek and the Wabash, to the general dividing ridge 17678 between the waters which foil into the Wabash and those which 17679 fall into the Kaskaskia Eiver ; thence along the said ridge untill 396 17680 it reaches the waters which fall iuto the Illinois Eiver; thence a 17681 direct line to the confluence of the Kankakee and Maple Rivers ; 17682 thence down the Illinois Eiver to its confluence with the Missis- 17683 sippi Eiver, and down the latter to the beginning. 17684 Article 2. It is mutually agreed by the parties hereto 17685 that all the stipulations contained in the treaty above referred 17686 to shall continue binding and obligatory on both parties. 17687 Article 3. The United States will take the Peoria tribe, 17688 as well as the other tribes hereinabove mentioned, under their 17689 immediate care and patronage, and will afford them a protection 17690 as effectual, against any other Indian tribes, and against all 17691 other persons whatever, as is enjoyed by the citizens of the 17692 United States. And the said Peoria tribe do hereby engage to 17693 refrain from making war, or giving any insult or offence, to any 17694: other Indian tribe, or to any foreign nation, without first having 17695 obtained the approbation and consent of the United States. 17696 Article 4. In addition to two thousand dollars' worth of 17697 merchandize, this day paid-to the above-mentioned tribes of In- 17698 dians, the receipt whereof is hereby acknowledged, the United 17699 States promise to pay to the said Peoria tribe, for the term of 17700 twelve years, an annuity of three hundred dollars, in money, 17701 merchandize, or domestic animals, at the option of the said tribe ; 17702 to be delivered at the village of St. Genevieve, in the Territory 17703 of Missouri. 17704 Article 5. The United States agree to cede to the said 17705 Peoria tribe six hundred and forty acres of land, including their 17706 village on Blackwater Eiver, in the Territory of Missouri : Pro- 17707 vided, That the said tract is not included within a private claim ; 17708 but should that be the case, then some other tract of equal 17709 quantity and value shall be designated for said tribe, at such 17710 place as the President of the United States may direct. And 17711 the said Peoria tribe hereby ag:ree to accept the same, together 17712 with the presents now given them, and the annuity hereby 17713 promised them, as a full equivalent for all and every tract of 17714 land to which they have any pretence of right or title. 17715 Articles of a treaty made and entered into at Castor Hill, in tlie 17716 county of St. Louis, in the State of Missoun, this twenty- 17717 seventh day of October, one thousand eight hundred and thirty- 17718 tico, between William Glarlc, Franlc J, Allen, and Nathan 17719 Kouns, commissioners on the part of the United States, of the 17720 one part, and the Kaslcaslcia and Peoria tribes, ichich, with the Vil2\. Michigamia, GahoJcia, and Tamarois bands, now united with the 17722 two first-named tribes, formerly composed the Illinois Nation 17723 of Indians, of the other part. 17724 Whereas the Kaskaskia tribe of Indians and the bands 397 17725 aforesaid united therewith are desirous of uniting with the 17726 Peorias, (composed as aforesaid,) on lands west of the State of 17727 Missouri, they have therefore for that purpose agreed, with the 17728 commissioners aforesaid, upon the following stipulations : 17729 Akticle 1. The Kasbaslna tribe of Indians and the several 17730 bands united with them as aforesaid, in consideration of the 17731 stipulations herein made on the part of the United States, do 17732 forever cede and release to the United States the lands granted 17733 to them forever by the first section of the treaty of Vincennes 17734 of 13th August, 1803, (see page 423,) reserving, however, to 17735 Ellen Decoigne, the daughter of their late chief, who has mar- 17736 ried a white man, the tract of land, of about three hundred and 17737 fifty acres, near the town of Kaskaskia, which was secured to 17738 said tribe by the act of Congress of 3d March, 1793. 17739 Article 2. Tlie Kaskaskia tribe further relinquishes to the 17740 United States the permanent annuity of one thousand dollars, 17741 which they receive under the third article of the aforesaid treaty, 17742 and their salt annuity due by treaty of Port Wayne of 7th 17743 June, 1803. 17744 Article 3. The Peoria tribe and the bands aforesaid, 17745 united therewith, cede and relinquish to the United States all 17746 their claims to land heretofore reserved by or assigned to them 17747 in former treaties, either in the State of Illinois or Missouri. 17748 Article 4. The United States cede to the combined tribes 17749 of Kaskaskias and Peorias, and the bands aforesaid united with 17750 them, one hundred and fifty sections of land forever, or as long 17751 as they live upon it as a tribe, to include the present Peoria, 17752 Village west of the State of Missouri, on the waters of Osage 17753 Eiver, to be bounded as follows, to wit : North by the lands 17754 assigned to the Shawanoes ; west by the western line of the res- 17755 ervation made for the Piankeshaws, Weas, and Peorias ; and 17756 east by lands assigned the Piankeshaws and Weas. 17757 Article 5. In consideration of the foregoing cessions and 17758 relinquishments the United [States] agree to pay to the said 17759 united Kaskaskia and Peoria tribes (composed as aforesaid) an 17760 annuity of three thousand dollars for ten successive years, to be 17761 paid on the lands assigned them in common, either in money, 17762 merchandise, or domestic stock, at their option ; if in merchan- 17763 dise, to be delivered to them free of transportation. 17764 Article 6. And whereas the said Peoria tribe, and the 17765 bands united with them as aforesaid, assert in council that they 17766 never understood the 5th article of the treaty of Edwardsville of 17767 25th September, 1825, as ceding to the United States their claims 17768 to lands in Missouri, on which they had been settled for a length 17769 of time previous to that treaty, and of which they had had pos- 17770 session for more than sixty years — and now demand an equivalent 398 17771 for those claims. The commissioners, with a view of quieting fot- 17772 ever the said claims and all demands of whatever nature which 17773 said Peoria tribe and the several bands united therewith as afore- 17774 said have against the Government, or citizens of the United 17775 States, agree to pay, viz : to the Peorias in common with the 17776 Kaskaskias, the sum of sixteen hundred dollars;, to the Kaskas- 17777 kias alone, for seven horses lost by them, and for salt-annuities 17778 due to them by the treaty of Fort Wayne aforesaid, three hun- 17779 dred and lifty dollars; to the Peorias alone, for improvements 17780 on the lands they moved from, two hundred and ilfty dollars ; 17781 to the united Peorias and Kaskaskias, there shall be paid and 17782 delivered, on their land, as soon as practicable after the ratiftca- 17783 tiou of this treaty, cows and calves and other stock to the amount 17784 of four hundred dollars, three iron-bound carts, three yoke of 17785 ozen, and six plows. Tliore shall also be built for said tribes four 17786 log-houses ; for breaking up ground and fencing the same, three 17787 hundred dollars; for agricultural Implements, iron, and steel, 17788 fifty dollars per annum for four years. There shall also be paid 17789 to the said united tribes, on the signing of this treaty, eight huu- 17790 dred dollars in goods suited to their wants. Assistance shall 17791 also be given the Kaskaskias in moving to their lands, and pro- 17792 visions for one year after their removal, to the amount of one 17793 thousand dollars. It is understood that any stipulations in this 17794 or the preceding articles, for the benefit of the Peorias or Kas- 17795 kaskias, separately or united, shall embrace, in either case, the 17796 bands before mentioned, united with either or both tribes as the 17797 case may be. 17798 Article 7. In consideration of the stipulations contained 17799 in the preceding articles, the Peoria and Kaskaskia tribes, and 17800 the bands of Michigamia, Cahokia, and Tamarois Indians united 17801 with them, hereby forever cede and relinquish to the United 17802 States their claims to lands within the States of Illinois and 17803 Missouri, and all other claims of whatsoever nature which they 17804 have had or preferred against the United States or the citizens 17805 thereof, up to the signing of this treaty. 1780G Article 8. This treaty, after the same shall be ratified by 17807 the President and Senate of the United States, shall be obliga- 17808 tory on the contracting parties. 17809 Proclaimed January 5, 1819. 399 17810 IPWAYS. 17811 A treaty of peace and friendship, made and concluded between Will- 17812 iam Clark, Ntnian Edivards, and Augiiste Choteau, commis- 17813 xioners plenipotentiary of tlie United States of America, on the 17814 part and behalf of the said States, of the one part, and the 17815 undersigned Icings, chiefs, and warriors of the loway tribe or 17816 nation, on the part and behalf of the said tribe or nation, of 17817 the other part. 17818 The parties being desirous of re- establishing peaceand friend- 17819 ship between the United States and the said tribe or nation, and 17820 of being placed in all things, and in every respect, on the same 17821 footing upon which they stood before the war, have agreed to 17822 the following articles : 17823 Article 1. Every injury or act of hostility, by one or either 17824 of the contracting parties against the other, shall be mutually 17825 forgiven and forgot. 1782G Akticle 2. There shall be perpetual peace and friendship 17827 between all the citizens of the United States and all the individ 17828 uals composing the said laway tribe or nation. 17829 Article 3. The contracting parties do hereby agree, prom- 17830 ise, and oblige themselves, reciprocally, to deliver up all the 17831 prisoners now in their hands (by what means soever the same 17832 may have come into their possession) to the officer commanding 17833 at St. Louis, to be by him restored to their respective nations, a 17834 soon as it may be practicable. 17835 Article 4. The contracting parties, in the sincerity of mu- 17830 tual friendship, recognize, re-establish, and confirm all and every 17837 treaty, contract, and agreement heretofore concluded between 17838 the United States and the said laway tribe or nation. 17839 Ratified December 26, 1815. 17840 Articles of a treaty made and concluded at the city of Washington 17841 on the fourth day of August, one thoiisand eight hundred and 17842 tioenty-four, between William Clarlc, superintendent of Indian 17843 affairs, being specially authorized by the President of the 17844 United States thereto, and the undersigned chiefs and head- 17845 men, of the loway tribe or nation, duly authorized and empoic- 17846 ered by the said nation. 17847 Article 1. The loway tribe or nation of Indians, by their 17848 deputies, Ma-hos-kah, (or White Cloud,) and Mah-ne-hah-uah, 17849 (or Great Walker,) in council assembled, do hereby agree, in con- 17850 sideration of a certain sum of money, &c., to be paid to the said 17851 loway tribe, by the Government of the United States, as herein- 400 17852 after stipulated, to cede and forever quit-claim, and do, in be- 17853 half of their said tribe, hereby cede, relinquish, and forever quit- 17854 claim, uuto the United States, all right, title, interest, and claim, 17855 to the lands which the said loway tribe have, or claim, within 17856 the State of Missouri, and situated between the Mississippi and 17857 Missouri fiivers and a line running from the Missouri, at the 17858 mouth or entrance of Kanzas Eiver, north one hundred miles, 17859 to the northwest corner of the limits of the State of Missouri, 17860 and, from thence, east to the Mississippi. 17861 Article 2. It is hereby stipulated and agreed, on the part 17862 of the United States, as a full compensation for the claims and 17863 lands ceded by the loway tribe in the preceding article, there 17864 shall be paid to the said loway tribe, within the present year, 17865 in cash or merchandise, the amount of five hundred dollars, and 17866 the United States do further agree to pay to the loway tribe 17867 five hundred dollars, annually, for the term of ten succeeding 17868 years. 17869 Akticle 3. The chiefs and head-men who sign this treaty, 17870 for themselves, and in 'behalf of their tribe, do acknowledge that 17871 the lands east and south of the lines described in the first article, 17872 (which has been run and marked by Colonel Sullivan,) so far as 17873 the Indians claimed the same, to belong to the United States, 17874 and that none of their tribe shall be permitted to settle or hunt 17875 upon any part of it, after 1st day of January, one thousand 17876 eight hundred and twenty-six, without special permission from 17877 the superintendent of Indian Affairs. 17878 Article 4. The undersigned chiefs, for themselves, and all 17879 parts of the loway tribe, do acknowledge themselves and the 17880 said loway tribe to be under the protection of the United States 17881 of America, and of no other sovereign whatsoever; and they 17882 also stipulate that the said loway tribe will not hold any treaty 17883 with any foreign powers, individual State, or with individuals 17884 of any State. 17885 Article 5. The United States engage to provide and sup- 17886 port a blacksmith for the loway tribe, so long as the President 17887 of the United States may think proper, and to furnish the said 17888 tribe with such farming utensils and cattle, and to employ such 17889 persons to aid them in their agriculture as the President may 17890 deem expedient. 17891 Article 6. The annuities stipulated to be paid by the sec- 17892 ond article, to be paid either in money, merchandise, provisions, 17893 or domestic animals, at the option of the aforesaid tribe ; and 17894 when the said annuities, or any part thereof, is paid in merchan- 17895 dise, it is to be delivered to them at the first cost of the goods at 17896 St. Louis, free from cost of transportation. 17897 Article 7. This treaty shall take effect, and be obligatory 401 17893 on the contracting parties, so soon as the same shall be ratified 17899 by the President of the United States, by and with the advice 17900 and consent of the Senate thereof. 17901 Proclaimed January 18,' 1825. 17902 Articles of a treaty made at the city of Saint Louis, between Joshua 17903 Pitcher, thereto specially authorised hy the President of the 17904 United States, and the loway Indians, hy their chiefs and 17905 delegates. 1790G Abxiole 1. The loway Indians cede to the United States 17907 all the right and interest in the land ceded by the treaty con- 17908 eluded with them and other tribes on the 15th of July, 1830, 17909 (proclaimed February 24, 1831,) which they might be entitled 17910 to claim, by virtue of the phraseology employed in the second 17911 article of said treaty. 17912 Article 2. In consideration of the cession contained in the 17913 preceding article, the United States stipulate to pay them two 17914 thousand five hundred dollars ($2,500) in horses, goods, and 17915 presents, upon their signing this treaty in the city of Saint Loui s 17916 Article 3. The expenses of this negotiation and of the 17917 chiefs and delegates signing this treaty, to the city of Washing- 17918 ton and to their homes, to be paid by the United States. 17919 Article 4. This treaty to be binding upon the contracting 17920 parties when the same shall be ratified by the United States. 17921 Proclaimed February 21, 1838. 1. 17922 Articles of a treaty made at the Great NemowJiaw sub-agency be- 17923 tween John Dougherty, agent of Indian affairs, on the part of 17924 the United States, being specially authorized, and the chiefs and 17925 headmen of the loioay tribe of Indians for themselves, and on 17926 the part of their tribe. 17927 Article 1. The loway tribe of Indians cede to the United 17928 States— 17929 First. All right or interest in the country between the Mis- 17930 souri and Mississippi Elvers, and the boundary between the 17931 Sacs and Foxes, and Sioux, described in the second article of 17932 the treaty made with these and other tribes, on the 19th of 17933 August, 1825, (proclaimed February 6, 1826,) to the full ex- 17934 tent to which said claim is recognised in the third article of 17935 said treaty, and all interest or claim by virtue of the provisions 17936 of any treaties since made' by the United States, with the Sacs 17937 and Foxes of the Mississippi. 17938 Second. All claims or interest under the treaties of August 51 I t 402 17939 4, 1824, July 15, 1830, (see page 399,) and • September 17, 17940 1836, (see page 407,) except so much of the last-mentioned 17941 treaty as secures to them two hundred sections of land, the 17942 erection of five comfortable houses, to enclose and break up for 17943 them two hundred acres of ground, to furnish them with a fer- 17944 ry-boat, one hundred cows and calves, five bulls, one hundred 17945 head of stock-hogs, a mill, and interpreter, 17946 Akticle 2. In consideration of the cession contained in 17947 the preceding article, the United States agree to the following 17948 stipulations on their part : 17949 First. To pay to the said loway tribe of Indians the sum of 17950 one hundred and fifty-seven thousand five hundred ($157,500) 17951 dollars. 17952 Second. To invest said sum of one hundred and fifty-seven 17953 thousand five hundred (157,500) dollars, and to guaranty them 17954 an annual income of not less than five per cent, thereon during 17955 the existence of their tribe. 17956 Third. To set apart annually such amount of said income as 17957 the chiefs and head-men of said tribe may require, for the sup, 17958 port of a blacksmith-shop, agricultural assistance, and education 17959 to be expended under the direction of the President of the 17960 United States. 17961 Fourth. To pay out of said income to Jeffrey Derroin, inter- 17962 preter for said tribe, for services rendered, the sum of fifty dol- 17963 lars annually during his natural life; the balance of said income 17964 shall be delivered, at the cost of the United States, to said tribe 17965 of loway Indians in money or merchandise, at their own discre- 17966 tiou, at such time and place as the President may direct : Pro. 17967 vided always, That the payment shall be made each year in the 17968 month of October. 17969 Abtiole 3. The United States further agree in addition to 17970 the above consideration to cause to be erected ten houses at such 17971 place or places on their own land as said loways may select, of 17972 the following description, (viz,) each house to be ten feet high 17973 from bottom sill to top plate, eighteen by twenty feet in the 17974 clear, the roof to be well sheeted and shingled, the gable-ends 1 7975 to be weather-boarded, a good floor above and below, one door 17976 and two windows complete, one chimney of stone or brick, and 17977 the whole house to be underpinned. 17978 Article 4. This treaty to be binding upon the contracting 17979 parties when the same shall be ratified by the United States. 17980 Proclaimed March 2, 1839. 17981 i?. B. — All claims and demands of every kind and descrip- 17982 tion, arising under former treaties in favor of the loways upon 17983 the United States, are released by the 12th article of the follow- 17984 ing treaty of July 17, 1854. 403 17985 Franklin Pierce, President of the United States of America, 17986 to all and singular to whom these presents shall come, 17937 greeting : 17088 Whereas a treaty was made and concluded at the city of 17939 Washington on the seventeenth day of May, one thousand eight 17990 hundred and fifty-four, by George W. Manypenny, commissioner 17991 on the part of the United States, and the following-named del- 17992 egates of the loway tribe of Indians, Tiz : Nan-chee-ning-a, or 17993 No Heart; Shoon-ty-ing-a, or Little Wolf ; Wah-moon-a-kah, or 17994 the Man who Steals; and Nar-ge-garash, or British; they 17995 being thereto duly authorized by said tribe, which treaty is in 17996 the words following, to wit : 17997 Articles of agreement and convention made and concluded at 17998 the city of Washington, this seventeenth day of May, one 17999 thousand eight hundred and fifty-four, by George W. Many- 18000 penny, commissioner on the part of the United States, and 18001 the following-named delegates of the loway tribe of 18002 Indians, viz : Nan-chee-ning-a, or No Heart ; Shoon-ty-ing-a, 18003 or Little Wolf; Wah-moona-ka, or the Man who Steals; 18004 and Nar-ge-ga-rash, or British; they being thereto duly 18005 authorized by said tribe. 18006 Article 1, The loway tribe of Indians hereby cede, reliu- 18007 quish, and convey to the United States, all their right, title, 18008 and interest in and to the country, with the exception herein- 18009 after named, which was assigned to them by the treaty concluded 18010 with their tribe and the Missouri band of Sacs and Foxes, by 18011 William Clark, superintendent of Indian affairs, on the seven- 18012 teenth of September, one thousand eight hundred and thirty- 18013 six, being the upper half of the tract described in the second 18014 article thereof, as " the small strip of land on the south side of 18015 the Missouri Eiver, lying between the Kickapoo northern bound - 18016 ary-line and the Grand Nemahaw Eiver, and extending from the 18017 Missouri back and westwardly with the said Kickapoo line and 18018 the Grand Nemahaw, making four hundred sections ; to be di- 18019 vided between the said loways and Missouri band of Sacs and 18020 Foxes ; the lower half to the Sacs and Foxes, the upper half to 18021 the loways," but they except and reserve of said country, so 18022 much thereof as is embraced within and designated by the fol- 18023 lowing metes and bounds, viz : Beginning at the mouth of the 18024 Great Nemahaw Eiver where it empties into the Missouri ; 18025 thence down the Missouri Eiver to the mouth of Poland's Creek ; 18026 thence due south one mile; thence due west to the south fork 18027 of the Nemahaw Eiver; tbence down the said fork with its 18028 meanders to the Great Nemahaw Eiver, and thence with the 18029 meanders of said river to the place of beginning; which conn- 404 18030 try, it is hereby agreed, shall be the future and permanent home 18031 of the loway Indians. 18032 Abticle 2. In consideration of the cession made in the 18033 preceding article, the United States agree to pay, in the manner 18034 hereinafter prescribed, to the loway Indians, all the moneys re- 18035 ceived from the sales of the lands which are stipulated in the 18036 third article hereof to be surveyed and sold, after deducting 18037 therefrom the costs of surveying, managing, and selling the 18038 same. 18039 Aktiole 3. The United States agree to have surveys made 18040 of the country ceded by the loways in article first in the same 18041 manner that the public lands are surveyed, and as soon as it can 18042 conveniently be done; and the President, after the surveys 18043 shall have been made and approved,, shall proceed to offer said 18044 surveyed land for sale, at public auction, being governed therein 18045 by the laws of the United States respecting sales of public 18046 lands ; and such of said lands as may not be sold at public sales 18047 shall be subject to private entry in the manner that private 18048 entries are made of United States land ; and all the land re- 18049 maining unsold after being for three years sulyect to private 18050 entry at the minimum G-overnment price may, by act of Con- 18051 gress, be graduated and reduced in price until the whole is dis- 18052 posed of, proper regard being had, in making such reduction, to 18053 the interests of the loways and the speedy settlement of the 18054 country. Until after the said land shall have been surveyed, 18055 and the surveys approved, no white persons or citizens shall be 18056 permitted to make thereon any location or settlement ; and the 18057 provisions of the act of Congress approved on the third day 18058 of March, one thousand eight hundred and seven, relating to 18059 lands ceded to the United States, shall, so far as they are appli- 18060 cable, be extended over the lands herein ceded. 18061 Aktiole 4. It being understood that the present division - 18062 line between the loways and the Sacs and Foxes of Missouri, as 18063 Tun by Isaac McCoy, will, when the surveys are made, run diag- 18064 'onally through many of the sections, cutting them into frac- 18065 tions ; it is agreed that the sections thus cut by said line, com- 18066 mencing iat the junction of the Wolf with the Missouri Eiver, 18067 shall be deemed and taken as part of the land hereinbefore 18068 ceded and directed to be sold for the benefit of the loways, 18069 until the quantity thus taken, including the before-recited reser- 18070 vation, and all the full sections north of said line, shall amount 18071 to two hundred sections of land. And should the Sacs and 18072 Foxes of Missouri consent to a change of their residence and be 18073 so located by the United States as to occupy any portion of the 18074 land herein ceded and directed to be sold for the benefit of the 18075 lowaysj west of the tract herein reserved, the loways hereby 405 18076 agree to the same, and consent to such an arrangement, upon 18077 the condition that a quantity of land equal to that which 18078 may be thus occupied by the Sacs and Foxes, and of as good 18079 quality, shall be set apart for them out of the country now occu- 18080 pied by the last-named tribe, cantiguous to said division-line, 18081 and sold for their benefit, as hereinbefore provided. 18082 Article 5. As the receipts from the sales of the lands 18083 cannot now be determined, it is agreed that the whole subject 18084 shall be referred to the President of the United States, who may, 18085 from time to time, prescribe how much of the proceeds thereof 18080 shall be paid out to the loway people, and the time and mode of 18087 such payment, and also how much shall be invested in safe and 18088 profitable stocks, the principal of which to remain unimpaired, 18089 and the interest to be applied annually for the civilization, edu- 18090 cation, and religious culture of the loways and such other ob- 18091 jects of a beneficial character as may be proper and essential to 18092 their well-being and prosperity: provided, that, if necessary, 18093 Congress may, from time to time, by law, make such regulations 18091 in regard to the funds arising from the sale of said lands, and 18095 the application thereof for the benefit of the loways, as may in 18096 the wisdoni of that body seem just and expedient. 18097 Aetiole 6. The President may cause the country the 18098 loways have reserved for their future home to be surveyed, at 18099 their expense, and in the same way as the public lands are sur- 18100 veyed, and assign to each person or family such portion thereof 18101 as their industry and ability to manage business affairs may, in 18102 his opinion, render judicious and proper; and Congress may 18103 hereafter provide for the issuing to such persons patents for the 18104 same, with guards and restrictions for their protection in the 18105 possession and enjoyment thereof. 18106 AetICLB 7. Appreciating the importance and the benefit 18107 derived from the mission established among them by the board 18108 of foreign missions of the Presbyterian Church, the loways 18109 hereby grant unto the said board a tract of three hundred and 18110 twenty acres of land, to be so located as to include the improve- 18111 ments at the mission, and also a. tract of one hundred and sixty 18112 acres of timbered land, to be selected by some agent of the board 18113 from the legal subdivisions of the surveyed land; and the 18114 President shall issue a patent or patents for the same, to such 18115 person or persons as said board may direct. They further grant 18116 to John B. Eoy, their interpreter, a tract of three hundred and 18117 twenty acres of land, to be selected by him in " Wolf's Grove," 18118 for which the President shall also issue a patent. 18119 Article 8. The debts of Indians contracted in their private 18120 dealings as individuals, whether to"~traders or otherwise, shall 18121 not be paid out of the general fund. 406 18122 Article 9. As some time miisb elapse before auy benefit 18123 can be derived from the proceeds of the sale of their land, and 18124 as it is desirable that the loways should at once engage in 18125 agricultural pursuits and in making improvements on the tract 18126 hereinbefore reserved for them, it is hereby agreed that, of the 18127 fund of one hundred and fifty-seven thousand five hundred dol- 18128 lars, set apart to be invested by the second clause of the second 18129 article of the treaty concluded on the nineteeth day of October, 18130 one thousand eight hundred and thirty-eight, a sum not exceeding 18131 one hundred thousand dollars shall be paid tp the Indians, or 18132 expended under the direction of the President, for the erection 18133 of houses, breaking and fencing lands, purchasing stock, farming 18134 utensils, seeds, and such other articles as may be necessary for 18135 their comfort. Fifty thousand dollars, or so much thereof as 18136 may be deemed expedient, to be paid during the year commenc- 18137 ing on the first of October, one thousand eight hundred and 18138 fifty-four; and the other fifty thousand dollars, or so much 18139 thereof as shall be deemed expedient, to be paid during the year 18140 commencing on the first of October, one thousand eight hundred 18141 and fifty-five. The residue of said fund of one hundred and fifty- 18142 seven thousand five hundred dollars on hand^ after the payments 18143 herein provided for have been made shall remain as a trust fund, 18144 the interest upon which, as well as the interest that may have 18145 accrued on the portion drawn out, shall be applied, under the 18146 direction of the President, to educational or other beneficial 18147 purposes among the loways. 18148 Akticle 10. It is agreed that all roads and highways laid 18149 out by authority of law shall have a right of way through the 18150 lands herein reserved, on the same terms as are provided by law 18151 when roads and highways are made through the lands of citizens 1 8152 of the United States ; and railroad companies, when the lines of 18153 their roads necessarily pass through the lands of the loways, 18154 shall have right of way on the payment of a just compensation 18155 therefor in money. 18156 Article 11. The loways promise to renew their efforts to 18157 suppress the introduction and use of ardent spirits in their 18158 country, to encourage industry, thrift, and morality, and by every 18159 possible effort to promote their advancement in civilization. 18160 They desire to be at peace with all men, and they bind them- 18161 selves to commit no depredation or wrong upon either Indians 18162 or citizens, and whenever difficulties arise they will abide by the 18163 laws of the United States, in such cases made and provided, as 18164 they expect to be protected and to have their rights vindicated 18165 by them. 18166 Article 12. The loway Indians release the United States 18167 from all claims and demands of every kind and description 407 18168 arising under former treaties, and agree to remove themselves 18169 within six months after the ratification of this instrument, to 18170 the lands herein reserved for their homes, in consideration 18171 ■whereof the United States agree to pay to said Indians five 18172 thousand dollars, two thousand of which, with such portion of 18173 balances of former appropriations of interest-fund as may not 18174 now be necessary under specific heads, may be expended in the 18175 settlement of their affairs preparatory to removal. 18176 Akticlb 13. The object of this instrument being to advance 18177 the interests of the loway people, it is agreed, if it prove insuffi- 18178 cient, from causes which cannot now be foreseen, to effect these 18179 ends, that the President may, by and with the advice and cou- 18180 sent of the Senate, adopt such policy in the management of their 18181 affairs as, in his judgment, may be most beneficial to them, or 18182 Congress may hereafter make such provision by law as experi- 18183 ence shall prove to be necessary. 18184 Article 14. This instrument shall be obligatory on the 18185 contracting parties whenever the same shall be ratified by the 18186 President and the Senate of the United States. 18187 Proclaimed July 17, 1854. 18188 10 WAYS AND SACKS AND POXES OP THE MISSOURI. 18189 Articles of a treaty made and concluded at Fort Leavenworth, on 18190 the Missouri River, between William GlarTc, Superintendent of 18191 Indian affairs, on the part of the United States, of the one 18192 part, and the tmdersigned chiefs, warriors, and counsellors of 18193 the loway tribe and the band of SacTcs and Foxes of the Mis- 18194 souH, [residing west of the State of Missouri,) in behalf of their 18195 respective tribes, of the other part. 18196 Article 1. By the first article of the treaty of Prairie du 18197 Chien, held the fifteenth day of July, 1830, (proclaimed Pebru- 18198 ary 24, 1831,) with the confederated tribes of Sacks, Poxes, 18199 loways, Omahaws, Missourias, Ottoes, and Sioux, the country 18200 ceded to the United States by that treaty is to be assigned and 18201 allotted under the direction of the President of the United 18202 States to the tjjibes living thereon, or to such other tribes as 18203 the President may locate thereon, for hunting and other pur- 18204 poses. And whereas it is further represented to us, the chiefs, 18205 warriors, and counsellors of the loways and Sack and Pox band 18206 aforesaid, to be desirable that the lands lying between the State 18207 of Missouri and the Missouri Elver should be attached to and 18208 become part of said State, and the Indian title thereto be entirely 408 18209 extinguished 5 but that, notwithstanding, as these lands com- 18210 pose a part of the country embraced by the provisions of said 18211 first article of the treaty aforesaid, the stipulations thereof will 18212 be strictly observed until the assent of the Indians interested is 18213^ given to the proposed measure. 18214 Now we, the chiefs, warriors, and counsellors of the loways 18215 and Missouri band of Sacks and Foxes, fully understanding 18216 the subject, and well satisfied from the local position of the 18217 lands in question, that they never can be made available for 18218 Indian purposes, and that an attempt to place an Indian popu- 18219 lation on them must inevitably lead to collisions with the citi- 18220 zens of the United States ; and further believing that the exten- 18221 sion of the State line in the direction indicated would have a 18222 happy effect, by presenting a natural boundary between the 18223 whites and Indians ; and willing, moreover, to give the United 18224 States a renewed evidence of our attachment and friendship, do 18225 hereby for ourselves, and on behalf of our respective tribes, 18226 (having full power and authprity to this effect,) forever cede, 18227 relinquish, and quit-claim, to the United States, all our right, 18228 title, and interest of whatsoever nature in and to the lands lying 18229 between the State of Missouri and the Missouri Eiver, and do 18230 freely and fully exonerate the United States from any guarantee, 18231 condition, or limitation, expressed or implied, under the treaty of 18232 Prairie du Chien aforesaid, or otherwise, as to the entire and 18233 absolute disposition of the said lands, fully authorizing the 18234 United States to do with the same whatever shall seem expedi- 18235 ent or necessary. 18236 As a proof of the continued friendship and liberality of the 18237 United States toward the loways and band of Sacks and Foxes 18238 of the Missouri, and as an evidence of the sense entertained for 18239 the good- will manifested by said tribes to the citizens and Gov- 18240 ernment of the United States, as evinced in the preceding ces- 18241 sion or relinquishment, the undersigned, William Clark, agrees, 18242 on behalf of the United States, to pay as a present to the said .18243 loways and band of Sacks and Foxes seven thousand five 18244 hundred dollars in money, the receipt of which they hereby 18245 acknowledge. 18246 Aktiole 2. As the said tribes of loways and Sacks and 18247 Foxes have applied for a small piece of land, south of the Mis- 18248 souri, for a permanent home, on which they can settle, and re- 18249 quest the assistance of the Government of the United States to 18250 place them on this land, in a situation at least equal to that 18251 they now enjoy on the land ceded by them : Therefore I, Wil- 18252 liam Clark, superintendent of Indian affairs, do further agree, 18253 on behalf of the United States, to assign to the loway tribe, 18254 and Missouri band of Sacks and Foxes, the small strip of land 409 18235 ou the south side of the Missouri Iliver, lying between the 18256 Kickapoo northern boundary-line and the Grand Nemahar 18257 River, and extending from the Missouri back and westwardly 18258 with the said Kickapoo line and the Grand Nemahar, making 18259 four hundred sections; to be divided between the said loways 18260 and Missouri baud of Sacks and Foxes, the lower half to the 18261 Sacks and Foxes, the upper half to the loways. 18262 Article 3. The loways and Missouri band of Sacks and 18263 Foxes further agree that they will move and settle on the lands 18264 assigned them in the above article, as soon as arrangements can 18265 be made by them ; and the undersigned, William Clark, in be- 18266 half of the United States, agrees that, as soon as the above 18267 tribes have selected a site for their villages, and places for their 18268 fields, and moved to them, to erect for the loways five comforta- 18269 ble houses ; to enclose, and break up for them two hundred acres 18270 of ground ; to furnish them with a farmer, a blacksmith, school- 18271 master, and interpreter, as long as the President of the IJnited 18272 States may deem proper ; to furnish them with such agricul- 18273 tural implements as may be necessary,- for five years ; to furnish 18274 them with rations for one year, commencing at the time of their 18275 arrival at their new homes; to furnish them with one ferry- 18276 boat ; to furnisli them with one hundred cows and calves, and 18277 five bulls, and one hundred stock-hogs when they require them ; 18278 to furnish them with a mill, and assist in removing them, to 18279 the extent of flv'e hundred dollars. And to erect for the Sacks 18280 and Foxes three comfortable houses ; to enclose and break up 18281 for them two hundred acres of ground ; to furnish them with a 18282 farmer, blacksmith, schoolmaster, and interpreter, as long as 18283 the President of the United States may deem proper ; to furnish 18284 them with such agricultural implements as may be necessarj-, 18285 for five years ; to furnish them with rations for one year, com- 18286 mencing at the time of their arrival at their new home ; to 18287 furnish them with one ferry-boat ; to furnish them with one hun- 18288 dred cows and calves, and five bulls, one hundred stock-hogs 18289 when they require them ; to furnish them with a mill ; and to 18290 assist in removing them, to the extent of four hundred dollars. 18291 Article 4. This treaty shall be obligatory on the tribes, 18292 parties hereto, from and after the date hereof, and on the 18293 United States from and after its ratification by the Government 18294 thereof. 18295 Proclaimed February 15, 1837. 52 I T 410 18296 KANSAS. 18297 A treaty of peace and friendship made and concluded between 18298 Ninian Edwards and Auguste Chouteau, commissioners plen- 18299 ipotentiary of the United States of America, on the part and 18300 iehalf of the said States, of one part, and the undersigned 18301 chiefs and icarriors of the Kanzas tribe of Indians, on the 18302 part and belidlf of their said tribe, of the other part. 18303 The parties being' desirous of re-establishing jieace and 18304 friendship between the United States and their said tribe, and 18305 of being placed in all things and in every respect upon the same 18306 footing upon which they stood before the late war between the 18307 United States and Great Britain, have agreed to the following 18308 articles : 18309 Article 1. Every injury or act of hostility by one or either 18310. of the contracting parties against the other shall be mutually 18311 forgiven and forgot. 18312 Article 2. There shall be perpetual peace and friendship 18313 between all the citizens of the United States of America and 18314 all the individuals composing the said Kanzas tribe, and all the 18315 friendly relations that existed between them before the war shall 18316 be, and the same are hereby, renewed. 18317 Article 3. The undersigned chiefs and warriors, for them- 18318 selves and their said tribe, do hereby acknowledge themselves 18319 to be under the protection of the United States of America, and 18320 of no other nation, power, or sovereign, whatsoever. 18321 Eatified December 26, 1818. 18322 Articles of a treaty made and concluded at the city of Saint Louis, 18323 in the State of Missouri, between William Clarh, superintend- 18324 ant of Indian affairs, commissioner on the part of the United 18325 States of America, and the undersigned chiefs, head-men, and 18326 warriors of the Kansas Nation of Indians, duly authorized 18327 and empowered by said nation. 18328 Article 1. The Kansas do hereby cede to the United States 18329 all the lands lying within the State of Missouri to which the 18330 said nation have title or claim ; and do further cede and relin- 18331 quish, to the said United States, all other lands which they now 18332 occupy, or to which they have title or claim, lying west of the 18333 • said State of Missouri, and within the following boundaries : 18334 Beginning at the entrance of the Kansas Eiver into the Missouri 18335 Eiver; from thence north to the northwest corner of the State 18336 of Missouri ; from thence westwardly to the Nodewa Eiver, thirty 18337 miles from its entrance into the Missouri; thence to the en- 411 18338 tranceoftheBigNematiaKiverintotbeMissouri, and witlithatriv- 18339 er to its source; from thence to the source of the Kansas Eiver, 18340 leaving the old village of the Pania Eepublic to the west; from 18341 thence, on the ridge dividing the waters of the Kansas Eiver 18342 from those of the Arkansas, to the western boundary of the 18343 State line of Missouri, and with that line thirty miles to the 18344 place of beginning. 18345 Article 2. From the cession aforesaid, the following reser- 18346 vation for the use of the Kansas Nation of Indians shall be 18347 made, of a tract of land, to begin twenty leagues up the Kansas 18348 Eiver, and to include their village on that river; extending 18349 west thirty miles in width, through the lands ceded in the first 18350 article, to be surveyed and marked under the direction of the 18351 President, and to such extent as he may deem necessary, and at 18352 the expense of the United States. The agents for the Kansas, 18353 and the persons attached to the agency, and such teachers and 18354 instructors as the President shall authorize to reside near the 18355 Kansas, shall occupy, during his pleasure, such lands as maybe 18356 necessary for them within this reservation. 18357 Article 3. In consideration of the cession of land and re- 18353 linquishments of claims, made in the first articles, the United 18359 States agree to pay to the Kansas Nation of Indians three thou- 18360 sand five hundred dollars per annum, for twenty successive 18361 years, at their villages, or at the entrance of the Kansas Eiver, 18362 either in money, merchandize, provisions, or domestic animals, 18363 at the option of the aforesaid nation ; and when the said annul - 18364 ties, or any part thereof, is paid in merchandize, it shall be de- 18365 livered to them at the first cost of the goods in Saint Louis, free 18366 of transportation. 18367 Article 4. The United States, immediately upon the rati- 18368 flcation of this convention, or as soon thereafter as may be, 18369 shall cause to be furnished to the Kansas Nation three hundred 18370 head of cattle, tlu'ee hundred hogs, five hundred domestic fowls, 18371 three yoke of oxen, and two carts, with such implements of' 18372 agriculture as the superintendant of Indian affairs may think 18373 necessary ; and shall employ such persons to aid and instruct 18374 them in their agriculture, as the President of the United States 18375 may deem expedient ; and shall provide and support a black- 18376 smith for them. 18377 Article 5. Out of the lands herein ceded by the Kanzas 18378 Nation to the United States, the commissioner aforesaid, in be- 18379 half of the said United States, dOth further covenant and agree 18380 that thirty-six sections of good lands, on the Big Blue Eiver^ 18381 shall be laid out under the direction of the President of the 18382 United States, and sold for the purpose of raising a fund, to be 18383 applied, under the direction of the President, to the support of 412 18384 schools for the education of the Kauzas children within their 18385 nation. 18386 Article 6. From the lands above ceded to the United States 18387 there shall be made the following reservations, of one mile 18388 square, for each of the half-breeds of the Kanzas Nation, viz : 18389 For Adel and Clement, the two children of Clement ; for Josette, 18390 Julie, Pelagic, and Victorie, the four children of Louis Gonvil ; 18391 for Marie and Lafleche, the two children of Baptiste of Gonvil ; 18392 for Laventure, the son of Francis Laventure ; for Elizabeth and 18393 Pierre Carbonau, the children of Pierre Brisa ; for Louis Jon- 18394 cas'; for Basil Joncas ; for James Joncas ; for Elizabeth Datche- 18395 rute, daughter of Baptiste Datcherute; for Joseph Butler; for 18396 William Eodgers ; for Joseph Cote ; for the four children of 18397 Cicili Compare, each one mile square ; and one for Joseph James, 18398 to be located on the north side of the Kanzas Eiver, in the order 18399 above named, commencing at the line of the Kanzas reserva- 18400 tion, and extending down the Kanzas Eiver for quantity. 18401 Article 7. With the view of quieting all animosities which 18402 may at present exist betwen a part of the white citizens of Mis- 18403 souri and the Kanzas Nation, in consequence of the lawless dep- 18404 redations of the latter, the United States do further agree to 18405 i)ay to their own citizens the full value of such property as they 18406 can legally prove to have been stolen or destroyed since the 18407 year 1815 : Provided, The sum so to be paid by the United States 18408 shall not exceed the sum of three thousand dollars. 18409 Article 8. And whereas the Kanzas are indebted to Frau- 18410 cis G. Choteau, for credits given them in trade, which they are 18411 unable to pay, and which they have particularly requested to 18412 have included and settled in the present treaty ; it is, therefore, 1 8413 agreed on, by and between the parties to these presents, that the 18414 sum of five hundred dollars, towards the liquidation of said 18415 debt, shall be paid by the United States to the said Francis G. 18416 Choteau. 18417 Article 9. There shall be selected at this place such mer- 18418 chandize as may be desired, amounting to two thousand dollars, 18419 to be delivered at the Kanzas Eiver, with as little delay as pos- 18420 sible ; and there shall be paid to the deputation now here two 18421 thousand dollars in merchandize and horses, the receipt of which 18422 is hereby acknowledged ; which, together with the amount agreed 18423 on in the 3d and 4th articles, and the provisions made in the 18424 other articles of this treaty, shall be considered as a full compen- 18425 sation for the cession herein made. 18426 Article 10, Lest the friendship which is now established 18427 between the United States and the said Indian nation should 18428 be interrupted by the misconduct of individuals, it is hereby 18429 agreed, that for injuries done by individua,ls, no private revenge 413 18430 or retaliation sball take place, but instead thereof complaints 18431 shall be made by the party injured to the other, by the said na- 18432 tion, to the superintendent, or other person appointed by the 18433 President to the chiefs of said nation. And it shall be the duty 18434 of the said chiefs, upon complaints being made as aforesaid, to 18435 deliver up the person or persons against whom the complaint is 18436 made, to the end that he or they may be punished, agreeably to 18437 the laws of the State or Territory where the offence may have 18438 been committed; and in like manner, if any robbery, violence, 18439 or murder, shall be committed on any Indian or Indians belong- 18440 ing to said nation, the person or persons so offending shall be 18441 tried, and, if found guilty, shall be punished in like manner as 18442 if the injury had been done to a white man. And it is agreed 18443 that the chiefs of the Kanzas shall, to the utmost of their power, 18444 exert themselves to recover horses or other property which may 18445 be stolen from any citizen or citizens of the United States, by 18446 any individual or individuals of the nation : and the property 18447 so recovered shall be forthwith delivered to the superintendent, 18448 or other person authorized to receive it, that it may be restored 18449 to its proper owner ; and in cases where the exertions of the 18450 chiefs shall be ineffectual in recovering the property stolen as 18451 aforesaid, if sufficient proof can be adduced that such property 18462 was actually stolen, by any Indian or Indians belonging to the 18453 said nation, the superintendent or other officer may deduct from 18454 the annuity of the said nation a sum equal to the value of the 18455 property which has been stolen. And the United States hereby 18456 guarantee, to any Indian or Indians, a full indemnification for 18457 any horses or other property which may be stolen from them by 18458 any of their citizens : Provided, That the property so stolen 18459 cannot be recovered, and that sufficient proof is produced that 18460 it was actually stolen by a citizen of the United States. And 18461 the said nation of Kanzas engage, on the requisition or demand 18462 of the President of the United States, or of the superintendent, 18463 to deliver up any white man resident amongst them. 18464 Aetiole 11. It is further agreed on, by and between the 18465 parties to these presents, that the United States shall forever 18466 enjoy the right to navigate freely all water-courses or navi- 18467 gable streams within the limits of the tract of country herein 18468 reserved to the Kanzas Nation ; and that the said Kanzas Nation 18469 shall never sell, relinquish, or in any manner dispose of the 18470 lands herein reserved, to any other nation, person or persons 18471 whatever, without the permission of the United States for that 18472 purpose first had and obtained. And shall ever remain under 18473 the protection of the United States, and in friendship with them. 18474 Article 12. This treaty shall take effect, and be obligatory 18475 on the contracting parties, as soon as the same shall be ratified 414 18476 by the President, by and with the consent and advice of the 18477 Senate of the United States. 18478 Proclaimed December 30, 1825. 18479 Whereas the Congress of the United States of America 18480 being anxious to promote a direct commercial and friendly inter- 18481 course between the citizens of'the United States and those of the 18482 Mexican republic, and to afford protection to the same, did, at 18483 their last session, pass an act, which was approved the 3d March, 18484 1825, "to authorize the President of the United States to cause 18485 a road to be marked out from the western frontier of Missouri 1848G to the confines of New Mexico," and which authorizes the Pres- 18487 ident of the United States to appoint commissioners to carry 18488 said act of Congress into effect, and enjoins on the commission- 18489 ers, so to be appointed, that they first obtain the consent of the 18490 intervening tribes of Indians, by treaty, to the marking of said 18491 road and to the unmolested use thereof to the citizens of the 18492 United States and of the Mexican republic ; and Benjamin H. 18493 Eeeves, Geo. C. Sibley, and Thomas Mather, being duly ap- 18494 pointed commissioners as aforesaid, and being duly and fully 18495 authorized, have this day met the chiefs and head-men of the 18496 Kansas tribe of Indians, who, being all dnly autherized, to meet 18497 and negotiate with the said commissioners upon the premises, 18498 and being specially met for that purpose, by the invitation of 18499 said commissioners, on the Sora Kansas Creek, two hundred 18500 and thirty-eight miles south westwardly from Fort Osage, have, 18501 after due deliberation and consultation, agreed to the following 18502 treaty, which is to be considered binding on said Kansas Indi- 18503 ans, from and after this day : 18504 Article 1. Thechiefsandhead-meuof the Kansas Nation, 18505 or tribe of Indians, for themselves and their nation, do consent 18506 and agree that the commissioners of the United States shall 18507 and may survey and mark out a road, in such a manner as they 18508 may think proper, through any of the territory owned or claimed 18509 by the said Kansas tribe or nation of Indians. 18510 Aeticle 2. The chiefs and head-men, as aforesaid, do 18511 further agree that the road authorized in article 1 shall, when 18512 marked, be forever free for the use of the citizens of the United 18513 States and of the Mexican republic, who shall at all times pass 18514 and repass thereon, without any hindrance or molestation on 18515 the part of the said Kansas Indians. 18516 Article 3. The chiefs and head-men as aforesaid, in con- 18517 sideration of the friendly relations existing between them and 18518 the United States, do further promise, for themselves and their 18519 people, that they will, on all fit occasions, render such friendly 18520 aid and assistance as may be in their power to any of the citi-. 415 18521 zens of the United States, or of the Mexican Eepnblic, as they 18522 may at any time happen to meet or fall in with on the road 18523 aforesaid. 18524 Article 1. The chiefs and head-men, as aforesaid, do 18225 further consent and agree that the road aforesaid shall be con- 18526 sidered as extending to a reasonable distance on either side, so 18527 that travellers thereon may, at any time, leave the market track, 18528 for the purpose of finding subsistence and proper camping- 18529 places. 18530 Article 5. In consideration of the privileges granted by 18531 the chiefs of Kansas tribe in the three preceding articles, the 18532 said commissioners, on the part of the United States, have 18533 agreed to pay to them, the said chiefs, for themselves and their 18534 people, the sum of five hundred dollars ; which sum is to be 18535 paid them as soon as may be, in money or merchandize, at their 18536 option, at such places as they may desire. 18537 Article 6. And the said chiefs and head men, as aforesaid, 18538 acknowledge to have received from the commissioners aforesaid, 18539 at and before the signing of this treaty, articles of merchandize 18540 to the value of three hundred dollars; which sum of three hun- 18541 dred dollars, and the payment stipulated to be made to the said 18542 Kansas in article 5, shall be considered, and are so considered 18543 by said chiefs, as full and complete compensation for every 18544 priviledge herein granted by said cheifs. 18545 Proclaimed May 3, 182G. 18546 Articles of a treaty made and concluded at the Methodist Mission in 18547 the Kansas country, heticeen Thomas S. Harvey and Bicliard 18548 TF. Cummins, commissioners of the United States andtheKan- 18549 sas tribe of Indians. 18550 Article 1. The Kansas tribe of Indians cede to the United 18551 States two millions of acres of land on the east part of their 18552 country, embracing the entire width, thirty miles, and running 18553 west for quantity. 18554 Article 2. In consideration of the foregoiug cession, the 18555 United States agree to pay to the Kansas Indians two hundred 18556 and two thousand dollars, two hundred thousand of which shall 18557 be funded at five per cent., the interest of which to be paid an- 18558 uually for thirty years, and thereafter to be diminished and paid 18559 pro rata, should their numbers decrease, but not otherwise — that 18560 is : the Government of the United States shall pay them the 18561 full interest for thirty years on the amount funded, and at the 18562 end of that time, should the Kansas tribe be less than at the first 18563 payment, they are only to receive pro rata the sums paid them 18564 at the first annuity payment. One thousand dollars of the in- 416 18565 terest tbus accruiug shall be applied auuually to the purposes 18566 of education in tbeir own country ; one thousand dollars annu- 18567 ally for agricultural assistance, implements, t&o. ; but should the 18568 Kansas Indians at any time be so far advanced in agriculture 18569 as to render the expenditure for agricultural assistance iinneces- 18570 sary, then the one thousand dollars above provided for that pur- 18571 pose shall be paid them in money witli the balance of their an- 18672 nuity ; the balance, eight thousand dollars, shall be paid them 18573 annually in their own country. The two thousand dollars not 18574 to be funded shall be expended in the following manner: first, 18575 the necessary expenses in negotiating this treaty ; second, four 18576 hundred dollars shall be paid to the Missionary Society of the 18577 Methodist Episcopal Ohurch for their improvements on the land 18578 ceded in the first article ; third, six hundred dollars shall be ap- 18579 plied to the erection of a mill in the country in which the Kan- 18580 sas shall settle for their use, it being in consideration of their 18581 mill on the land ceded in the first article. The balance to be 18582 placed in the bands of their agent, as soon after the ratification 18583 of this treaty as practicable, for the purpose of furnishing the 18584 said Kansas Indians with provisions for the i)resent year. 18685 Article 3. In order that the Kansas ludians may know 18586 the west line of the land which they have ceded by this treaty, 18587 it is agreed that the United States shall, as soon as may be 18588 convenient in the present year, cause the said line to be ascer. 18589 tained and marked by competent surveyors. 18590 Article 4. The Kansas Indians are to move from the lands 18691 ceded to the United States, by the first article of this treaty, by 18592 the first day of May, 1847. 18593 Article 5. As doubts exist whether there is a suf&ciency of 18594 timber on the land remaining to the Kansas, after taking off the 18695 land ceded in the first article of this treaty, it is agreed by the 18596 contracting parties that after the western line of the said ces- 18597 sion shall be ascertained, [and] the President of the United 18598 States shall be satisfied that there is not a sufficiency of timber, 18599 he shall cause to be selected and laid off for the Kansas a suita- 18600 able country, near the western boundary of the land ceded by 18601 this treaty, which shall remain for their use forever. In consid- 18602 eration of which the Kansas nation cede to the United States 18603 the balance of the reservation under the treaty of June 3, 1825, 18604 and not ceded in the first article of this treaty. 18605 Article 6. In consideration of the great distance which 18606 the Kansas Indians will be removed from the white settlements 18607 and their present agent, and their exposure to difficulties with 18608 other Indian tribes, it is agreed that the United States shall 18609 cause to reside among the Kansas Indians a sub-agent, who 18610 shall be especially charged with the direction of their farming 417 18611 operations and general improvement, and to be continued as 18612 long as the President of the United States should consider it 18613 advantageous to the Kansas. 18614 Article 7. Should the Government of the United States 18615 be of opinion that the Kansas Indians are not entitled to a 18616 smith under the fourth article of the treaty of June 3, 1825, " 18617 it is agreed that a smith shall be supported out of the one thou- 18618 sand dollars provided in the fourth article for agricultural pur- 18619 poses. 18620 Proclaimed April 15, 1846. 18621 Treaty between the United States of America and the Kansas tribe 18622 of Indians, concluded October 5, 1859, ratified by the Senate 18023 June 27, 1860. 18624 James Buchanan, President of the United States of America, 18625 to all and singular to whom these presents shall come, greet- 18626 ing: 18627 Whereas a treaty was made and concluded at the Kansas 18628 agency, in the Territory of Kansas, on the fifth day of October, 18629 eighteen hundred and fifty -nine, by and between Alfred B. Green- 18630 wood, commissioner on the part of the United States, and the 18631 hereinafter-named chiefs and head-men, representing the Kansas 18632 tribe of Indians, being duly authorized by said tribe, which 18633 treaty is in the words and figures following, to wit : 18634 Articles of agreement and convention made and concluded at 18635 the Kansas agency, in the Territory of Kansas, on the fifth 18636 day of October, eighteen hundred and fifty-nine, by and 18637 between Alfred B. Greenwood, commissioner on the part of 18638 the United States, and the following-named chiefs and head- 18639 men, representing the Kansas tribe of Indians, to wit: Ke- 18640 hi-gawah Chuffe, Ish-tal-a-sa, Ne-hooja-in-gah, Ki-hi-ga- 18641 wat-te-in-gah, Ki-he-gah-cha, Al-li ca-wah-ho, Pah-hous-ga- 18642 tun-gah, Ke-hah-lah-la-hu, Ki-ha-gah-chu, Ee-le-sun-gab, 18643 Wah-pah-jah, Ko sah-mun-gee, Oo-ga-sharaa, Wah-Shumga, 18644 Wah-ti-inga, Wah-e la-ga, Pa-ha-ne-ga-la, Pa-ta go, CahuUe, 18645 Mashe-tum, Wa-no-ba-ga-ha, She-ga-wa-sa,- Ma-his-pa-wa- 18646 cha, Ma-shon-o-pusha, Jaha-sha-watanga, Ki-he-ga-tussa, 18647 and Ka-la-sha-wat-lumga, they being thereto duly authorized 18648 by said tribe. 18649 Article 1. The Kansas Indians having now more lands 18650 than are necessary for their occupation and use, and being 18651 desirous of promoting settled habits of industry amongst them- 18652 selves by abolishing the tenure in common by which they now 18653 hold their lands, and by assigning limited quantities thereof in 53 I T 418 18654 severalty to the members of their tribe owning an interest in 18655 their present reservation, to be cultivated and improved for their 18656 individual use and benefit, it is agreed and stipulated that that 18657 portion of their reservation commencing at the southwest corner 18658 of said reservation, thence north with the west boundary nine 18659 miles, thence east fourteen miles, thence south nine miles, thence 18660 west with the south boundary fourteen miles to the place of 18661 beginning, shall be set apart and retained by them for said pur- 18662 poses; and that out of the same there shall be assigned to each 18663 head of a family not exceeding forty acres, and to each member 18664 thereof not exceeding forty acres, and to each single male per- 18865 son of the age of twenty-one years and upwards not exceeding 18666 forty acres of land, to include in every case, as far as practicable, 18667 a reasonable proportion of timber. One hundred and sixty acres 18668 of said retained lands, in a suitable locality, shall also be set 18669 apart and appropriated to the occupancy and use of the agency 18670 of said Indians, and one hundred and sixty acres of said lands 18671 shall also be reserved for the establishment of a school for the 18672 education of the youth of the tribe. 18673 Article 2. The lands to be so assigned, including those for 18674 the use of the agency, and those reserved for school purposes, shall 18675 be in as regular and compact a body as possible, and so as to admit 18676 of a distinct and well-defined exterior boundary, embracing the 18677 whole of them, and any intermedaite portions or parcels of land 18678 or water not included in or made part of the tracts assigned in 18679 severalty. Any such intermediate parcels of land and water 18680 shall be owned by the JKansas tribe of Indians in common; but 18681 in case of increase in the tribe, or other cause rendering it neces- 18682 sary or expedient, the said intermediate parcels of land shall be 18683 subject to distribution and assignment in such manner as the 18684 Secretary of the Interior shall prescribe and direct. The whole 18685 of the lands assigned or unassigned in severalty, embraced with- 18686 in the said exterior boundary, shall constitute and be known as 18687 the Kansas reservation, within and over which all laws passed, 18688 or which may be passed by Congress, regulating trade and inter- 18689 course with the Indian tribes, shall have full force and effect. 18690 And no white person, except such as shall be in the employment 18691 of the United States, shall be allowed to reside or go upon any 18692 portion of said reservation without the written permission of 18693 the superintendent of Indian affairs, or of the agent for the 18694 tribe. 18695 Article 3. Said division and assignment of lands to the 18696 Kansas tribe of Indians in severalty shall be made under the 18697 direction of the Secretary of the Interior, and when approved 18698 by him shall be final and conclusive. Certificates shall be is- 18699 sued by the Commissioner of Indian Affairs for the tracts so 419 18700 assigned, specifying the names of the individnals to whom they 18701 have been assigned respectively, and that they are for the ex- 18702 elusive use and benefit of themselves, their heirs and descend- 18703 ants, and said tracts shall not be alienated in fee, leased, or 18704 otherwise disposed of, except to the United States or to other 18705 members of the tribe, under such rules and regulations as may 18706 be prescribed by the Secretary of the Interior ; and they shall 18707 be exempt from taxation, levy, sale, or forfeiture, until other- 18708 wise provided by Congress. Prior to the issue of said certifl- 18709 cates, the Secretary of the Interior shall make such rules and 18710 regulations as he may deem necessary and expedient respecting 18711 the disposition of any of said tracts, in case of the death of the 18712 person or persons to whom they may be assigned, so that the 18713 same shall be secured to the families of such deceased persons ; 18714 and should any of the Indians to whom tracts shall be assigned 18715 abandon them, the said Secretary may take such action in re- 18716 lation to the proper disposition thereof as in his judgment may 18717 be necessary and proper. 18718 Article 4. For the purpose of procuring the means of 18719 comfortably establishing the Kansas tribe of Indians upon the 18720 lands to be assigned to them in severalty, by building them 18721 houses, and by furnishing them with agricultural implements, 18722 stock animals, and other necessary aid and facilities for com- 18723 mencing agricultural pursuits under favorable circumstances, 18724 the lands embraced in that portion not stipulated to be retained 18725 and divided as aforesaid shall be sold, under the direction of 18726 the Secretary of the Interior, in parcels not exceeding one hun- 18727 dred and sixty acres each, to the highest bidder for cash, the 18728 sale to be made upon sealed proposals to be duly invited by pub- 18729 lie advertisement, and should any of the tracts so to be so sold 18730 have upon them improvements of any kind, which were made 18731 by or far the Indians, or for Government purposes, the proposals 18732 therefor must state the price for both the land and improve- 18733 ments, and if, after assigning to all the members of the tribe en- 18734 titled thereto their proportions in severalty, there shall remain a 18735 surplus of that portion of the reservation retained for that purpose, 18736 outside of the exterior boundary-line of the lands assigned in 18737 severalty, the Secretary of the Interior shall be authorized and em- 18738 powered, whenever he shall think proper, to cause such surplus to 18739 ^ be sold in the same manner as the other lands to be so disposed of, 18740 and the proceeds thereof to be expended for their benefit in such 18741 manner as the Secretary of the Interior may deem proper: 18742 Provided, That all those who had in good faith settled and made 18743 improvements upon said reservation prior to the second day of 18744 December, eighteen hundred and fifly-six, (that being the day 18745 when the survey was certified by the agent of the tribe,) and 420 18746 who would have been entitled to enter their improvements under 18747 any general or special pre emption law, (had their improvements 18748 not fallen within the reservation,) such settlers shall be permitted 18749 to enter their improvements at the sum of one dollar and seventy- 18750 five cents per acre in cash, said entries to be made in legal sub- 18751 divisions and in such quantities as the pre-emption laws under 18752 which they may claim entitle them to locate ; payments to be made 18753 on or before a day to be named by the Secretary of the Interior : 18754 And provided further, That all those who had in good faith set- 18755 tied upon that portion of the reservation retained by this treaty 18756 for the future homes of the Kansas tribe of Indians, and had 18757 made hona-fide improvements thereon prior to the second day of 18758 December, eighteen hundred and fifty-six, aforesaid, and who 18759 would have been entitled to enter their lands, under the general 18760 pre-emption law, at one dollar and twenty-five cents per acre, 18761 had their improvements not fallen upon the reservation, such 18763 settlers shall be entitled to receive a fair compensation for their 18763 improvements, to be ascertained by the Commissioner of Indian 18764 Affairs, under the direction of the Secretary of the Interior ; 18765 such compensation to be paid out of the proceeds of the lands 18766 sold in trust for said tribe of Indians. All questions growing 18767 out of this amendment, and rights claimed in conseqaence 18768 thereof, shall be determined by the Commissioner of Indian Af- 18769 fairs, to be approved by the Secretary of the Interior. And in 18770 all cases where licensed traders, or others lawfully there, may 18771 have made improvements upon said reservation, the Secre- 18772 tary of the Interior shall have power to adjust the claims of 18773 each upon fair and equitable terms, they paying a fair value for 18774 the lands awarded to such persons, and shall cause patents to 18775 issue in pursuance of such award. 18776 Article 5. The Kansas tribe of Indians being anxious to 18777 relieve themselves from the burden of their present liabilities, 18778 and it being very essential to their welfare that they shall be 18779 enabled to commence their new mode of life and pursuits free 18780 from the annoyance and embarrassment thereof, or which may be 18781 occasioned thereby, it is agreed that the same shall be liquidated 18782 and paid out of the fund arising from the sale of their surplus 18783 lands so far as found valid and just, (if they have the means,) 18784 on an examination thereof, to be made by their agent and the 18785 superintendent of Indian affairs for the central superintendency, 18786 subject to revision and confirmation by the Secretary of the 18787 Interior. 18788 Article 6. Should the proceeds of the surplus lands of the 18789 Kansas tribe of Indians not prove to be sufficient to carry out 18790 the purposes and stipulations of this agreement, and some fur- 18791 ther aid be necessary, from time to time, to enable said Indians 421 18792 to sustaia themselves successfully iu agricultural and other in- 18793 dustrial pursuits, such additional means may be taken, so far as 18794 may be necessary, from the moneys due and belonging to them 38795 under the provisions of former treaties, and so much thereof as 18796 may be required to furnish further aid as aforesaid shall be ap- 18797 plied in such manner, under the direction of the Secretary of the 18798 Interior, as he shall consider best calculated to promote and ad- 18799 vance their improvement and welfare. 18800 Article 7. In order to render unnecessary any further 18801 treaty engagements or arrangements hereafter with the United 18802 States, it is hereby agreed and stipulated that the President, 18803 with the assent of Congress, shall have full power to modify or 18804 change any of the provisions of former treaties with the Kansas 18805 tribe of Indians in such manner and to whatever extent he may 18806 judge to be necessary and expedient for their welfare and best 18807 interest. 18808 Article 8. All the expenses connected with and incident 18809 to the making of this agreement, and the carrying out its pro- 18810 visions, shall be defrayed out of the funds of the Kansas tribe 18811 of Indians. 18812 Article 9. The Kansas tribe of Indians being desirous of 18813 manifesting their good-will towards the children of their half- 18814 breed relatives now residing upon the half-breed tract on the 188 L5 north side of the Kansas Eiver, agree that out of the tract re- 18816 tained by this agreement there shall also be assigned, in sever- 18817 alty, to the eight children of Julia Pappan forty acres each, to 18818 the three children of Adel Bellmard, to the four children of Ja- 18819 sette Gouville, to the child of Lewis Pappan, to the four chil- 18820 dren of Pelagia Obrey, to the child of Acaw Pappan, to the 18821 two children of Victoria Pappan, to the two children of Eliza- 18822 beth Oarboneau, to the child of Victoria Williams, to the child 18823 of Joseph Butler, to the child of Joseph James, to the two chil- 18824 dren of Pelagia Pushal, Frank James, and Batest Gouville, 18825 forty acres each, but the land so to be assigned under this article 18826 shall not be alienated in fee, leased, or otherwise disposed of, 18827 except to the United States, or to other members of the tribe, 18828 under such regulations as may bo prescribed by the Secretary 18829 of [the] Interior. 18830 Article 10. It is agreed that all roads and highways laid 18831 out by authority of law shall have right of way through the 18832 lands within the reservation hereinbefore specified, on the same 18833 terms as are provided by law when roads and highways are 18834 made through lands of citizens of the United States ; and rail- 18835 road companies, when the lines pass through the lands of said 18836 Indians, shall have right of way oil the payment Of a just com- 18837 pensation therefor in money. 422 18838 Akticle 11. This instrument shall be obligatory on the 18839 contracting parties whenever the same shall be ratified by the 18840 President and Senate of the United States. 18841 Proclaimed November 17, 1860. 18842 Treaty letween the United States of America and the Kansas tribe 18843 of Indians, concluded at the Kansas agency, in Kansas, March 18844 13, 1862 ; ratified, with amendment, February 6, 1863 ; amend- 18845 ment assented to February 26, 1863. 18846 By the President of the United States of America. 18847 A PEOCLAMATION. 18848 To all and singular to whom these presents shall come, greeting : 18849 Whereas a treaty was made and concluded at the Kansas 18850 agency, in the State of Kansas, on the thirteenth day of March, 18851 in the year of our Lord eighteen hundred and sixty-two, by and 18852 between H. W. Farnsworth, commissioner on the part of the 18853 United States, and the hereinafter-named chiefs and head-men 18854 of the Kansas tribe of Indians, representing said Indians and 18855 duly authorized thereto by them, which treaty is in the words 18856 and figures following, to wit : 18857 Whereas a treaty was made and concluded at the Kansas 18858 agency in the then Territory, but now State, of Kansas, on the 18859 fifth day of October, A. D. 1859, by and between Alfred B. 18860 Greenwood, commissioner on the part of the United States, and 18861 the chiefs and head-men representing the Kansas tribe of Indians, 18862 and authorized by said tribe for that purpose ; which treaty, 18863 after having been submitted to the Senate of the United States 18864 for its constitutional action thereon, was duly accepted, ratified, 18865 and confirmed by the President of the United States, on the 18866 seventeenth day of November, A. D. 1860, with an amendment 18867 to the fourth article thereof, which amendment, first proposed 18868 and made by the Senate on the twenty-seventh day of June, A. 18869 D. 1860, was afterwards agreed to and ratified by the aforesaid 18870 chiefs and head-men of the Kansas tribe of Indians on the fourth 18871 day of October of the same year : 18872 Now, therefore, it is further agreed and concluded on this 18873 thirteenth day of March, A. D. 1862, by and between H. W. 18874 Farnsworth, a commissioner on the part of the United States, 18875 and the said Kansas tribe of Indians, by their authorized repre- 18876 sentatives, the chiefs and head-njen thereof, to wit : 18877 Abtiolb 1. That the said treaty and the amendment thereof 18878 be further amended so as to provide that a fair and reasonable 18879 value of the improvements made by persons who settled on the 423 18880 diminished reserve of said Kansas Indians between the second 18881 day of Deoember, A. D. 18S6, and the fifth day of October, A. 18S82 D. 1859, shall be ascertained by the Secretary of the Interior, 18883 and certificates of indebtedness by said tribe shall be issued by 18884 him to each of such persons for an amount equal to the appraise- 18885 ment of his or her improvements, as aforesaid ; and that like 18886 certificates shall be issued to the class of persons who settled 18887 on said diminished reservation prior to the second day of De- 18888 cember, A. D. 1856, for the amounts of the respective claims as 18889 provided for and ascertained under the provisions of the amend- 18890 ment of said treaty ; and that like certificates be issued to the 18891 owners of the same for the amounts of claims which have been 18892 examined and approved by the agent and superintendent, and 18893 revised and confirmed by the Secretary of the Interior, under 18894 the provisions of the 5th article of said treaty, and that all such 18895 certificates shall be receivable as cash, to the amount for which 18896 they may be issued, in payment for lands purchased or entered 18897 on that part of the first assigned reservation outside of said 18898 diminished reservation, or of any part of the diminished reser- 18899 vation that may hereafter be offered for sale, or may be redeemed 18900 and paid out of the proceeds of sales of lands when such pro- 18901 ceeds have not theretofore been made applicable to other pur- 18902 poses named in said treaty. 18903 Article 2, The Kansas tribe of Indians, being desirous of 18904 making a suitable espression of the obligations the said tribe 18905 are under to Thomas S. Huffaker, for the many services rendered 18906 by said Huffaker as missionary, teacher, and friendly counsellor 18907 of said tribe of Indians, hereby authorize and request the Sec- 18908 retary of the Interior to convey to the said Thomas S. Huffaker 18909 the half-section of land on which he has resided and improved 18910 and cultivated since the year A. D. 1851, it being the south half 18911 of section eleven, (11,) in township numbered sixteen (16) south, 18912 range numbered eight (8) east, of the sixth principal meridian^ 18913 Kansas. 18914 Proclaimed February 6, 1863. 18915 KASKASKIAS. 18916 A treaty between the United States of America and the Kaskaslda 18917 trxbe of Indians. ■ 18918 Articles of a treaty made at Vincennes, in the Indiana Territory, 18919 between William Henry Harrison, governor of the said Terri- 18920 tory, superintendent of Indian affairs and commissioner pleni- 18921 potentiary of the United States for concluding any treaty or 424 18922 treaties whicli may be found necessary with any of the 18923 Indian tribes northwest of the river Ohio, of the one part, 18924 and the head chiefs and warriors of the Kasliaskia tribe of 18925 Indians, so called, but which tribe is the remains and right- 18926 fully represent all the tribes of the Illinois Indians, origi- 18927 nally called the Kaskaskia, Mitchigamia, Oahokia, and 18928, Tamaroi, of the other part : 18929 Article 1. Whereas, from a variety of unfortunate circum- 18930 stances, the several tribes of Illinois Indians are reduced to a 18931 very small number, the remains of which have been long con- 18932 solidated and known by the name of the Kaskaskia tribe, and 18933 finding themselves unable to occupy the extensive tract of 18934 country which of right belongs to them and which was possessed 18935 by their ancestors for many generations, the chiefs and warriors 18936 of the said tribe being also desirous of procuring the means of im- 18937 provement in the arts of civilized life, and a more certain and 18938 effectual support for their women and children, have, for the 18939 considerations hereinafter mentioned, relinquished, and by these 18940 presents do relinquish and cede to the United States, all the lands 18941 in the Illinois country which the said T;ribe has heretofore pos- 18942 sessed, or which they may rightfully claim, reserving to them- 13943 selves, however, the tract of about three hundred and fifty acres 18944 near the town of Kaskaskia, which they have always held and 18945 which was secured to them by the act of Congress of the third 18946 day of March, one thousand seven hundred and ninety-one, and 18947 also the right of locating one other tract of twelve hundred and 18948 eighty acres within the bounds of that now ceded, which two 18949 tracts of land shall remain to them forever. 18950 Article 2, The United States will take the Kaskaskia 18951 tribe under their immediate care and patronage, and will afford 18952 them a protection as effectual against the other Indian tribes 18953 and against all other persons whatever as is enjoyed by their 18954 own citizens. And the said Kaskaskia tribe do hereby engage 18955 to refrain from making war or giving any insult or offence to 18956 any other Indian tribe or to any foreign nation, without having 18957 first obtained the approbation and consent of the United States. 18958 Article 3. The annuity heretofore given by the United 18959 States to the said tribe shall be increased to one thousand dol- 18960 lars, which is to be paid to them either in money, merchandize, 18961 provisions, or domestic animals, at the option of the said tribe ; 18962 and when the said annuity or any part thereof is paid in mer- 18963 chandize, it is to be delivered to them either at Vincennes, Fort 18964 Massac, or Kaskaskia, and the first cost of the goods in the sea- 18965 port where they may be procured is alone to be charged to the 18966 said tribe free from the cost of transportation, or any other con- 425 18967 tingent expence. Whenever the said tribe may choose to receive 18968 money, provisions, or domestic animals for the whole or in part 18969 of the said annuity, the same shall be delivered at the town of 18970 Kaskaskia. The United States will also cause to be built a 18971 house suitable for the accommodation of the chief of the said 18973 tribe, and will enclose for their use a field not exceeding one 18973 hundred acres with a good and sufficient fence. And whereas 18974 the greater part of the said tribe have been baptised and re- 18975 ceived into the Catholic church, to which they are much attached, 18976 the United States will give annually, for seven years, one hundred 18977 dollars towards the support of a priest of that religion, who will 18978 engage to perform for the said tribe the duties of his office, and 18979 also to instruct as many of their children as possible in the 18980 rudiments of literature. And the United States will further 18981 give the sum of three hundred dollars to assist the said tribe in 18982 the erection of a church. The stiijulations made in this and the 18983 preceding article, together with the sum of five hundred and 18984 eighty dollars,' which is now paid or assured to be paid for the 18985 said tribe for the purpose of procuring some necessary articles, 18986 and to relieve them from debts which they have heretofore con- 18987 tracted, is considered as a full and ample compensation for the 18988 relinquishment made to the United States in the first article. 18989 Aeticlb 4. The United States reserve to themselves the 18990 right at any future period of dividing the annuity now promised 18991 to the said tribe amongst the several families thereof, reserving 18992 always a suitable sum for the great chief and his family. 18993 Article 5. And to the end that the United States may be 18994 enabled to fix with the other Indian tribes a boundary between 18995 their respective claims, the chiefs and head-warriors of the said 18996 Kaskaskia tribe do hereby declare that their rightful claim is as 18997 follows, viz : Beginning at the confluence of the Ohio and the 18998 Mississippi ; thence up the Ohio to the mouth of the Saline 18999 Creek, about twelve miles below the mouth of the Wabash ; 19000 thence along the dividing ridge between the said creek and the 19001 Wabash until it comes to the general dividing ridge between the 19003 waters which fall into the Wabash and those which fall into the 19003 Kaskaskia river ; and thence aloag the said ridge until it reaches 19004 the waters which fall into the Illinois River ; thence in a direct 19005 course to the mouth of the Illinois River ; and thence down the 19006 Mississippi to the beginning. 19007 Article 6. As long as the lands which have been ceded 19008 by this treaty shall continue to be the property of the United 19009 States, the said tribe shall have the privilege of living and hunt- 19010 ing upon them in the same manner that they have hitherto done. 19011 Article 7. This treaty is to be in force and binding upon 54 I T 426 19012 the said parties as sooq as it shall be ratified by the President 19013 and Senate of the United States. 19014 Proclaimed December 23, 1803. 19015 N. B. All claims for annuities and for damages are re- 19016 moved by the next treaty. 19017 KASKASKIAS, PEORIAS, ETC. 19018 Fkanklin Pierce, President of the United States of America, 19019 to all and singular to whom these presents shall come, 19020 greeting. 19021 Whereas a treaty was made and concluded on the thirtietli 19022 day of May, one thousand eight hundred and flfty-four, by 19023 George W. Manypenny, commissioner on the part of the United 19024 States, and the following-named delegates of the united tribes of 19025 Kaskaskia and Peoria, Piankeshaw and Wea Indians, viz : Kio- 19026 kaw-mo-zan, David Lykins; Sa-wa-ne-ke-ah, or Wilson; Sha- 19027 cah-qua, or Andrew Chick ; Ta-co-nah, or Mitchell ; Che-swa-wa, 19028 or Eogers ; and Yellow Beaver, thereto duly authorized by said 19029 tribes ; which treaty is in the words following, to wit : 19030 Articles of agreement and convention made and concluded at 19031 the city of Washington, this thirtieth day of May, one 19032 thousand eight hundred and flfty-four, by George W. 19033 Manypenny, commissioner on the part of the United States, 19034 and the following-named delegates representing the united 19035 tribes pf Kaskaskia and Peoria, Piankeshaw and Wea 19036 Indians, viz: Kio-kaw-mo zan, David Lykins; Sa-wa-ne- 19037 ke-ah, or Wilson ; Sha-cah-quah, or Andrew Chick; Ta-ko- 19038 uah, or Mitchel ; Che-swa-wa, or Eogers ; and Yellow Bea- 19039 ver, they being duly authorized thereto by the said Indians. 19040 Article 1. The tribes of Kaskaskia and Peoria Indians, 19041 , and of Piankeshaw and Wea Indians, parties to the two treaties 19042 made with them respectively by William Clark, Prank J. Allen, 19043 and Nathan Kouns, commissioners on the part of the United 19044 States, at Castor Hill, on the twenty-seventh .and twenty -ninth 19045 days of October, one thousand eight hundred and thirty-two, 19046 having recently in joint council assembled, united themselves 19047 into a single tribe, and having expressed a desire to be recognized 19048 and regarded as such, the United States hereby assent to the 19049 action of said joint council to this end, and now recognize the 19050 delegates who sign and seal this instrument as the authorized 19051 representatives of said consolidated tribe. 19052 Article 2. The said Kaskaskias and Peorias, and the said 427 19053 Piankeshaws and Weas, hereby cede and convey to the United 19054 States all their right, title, and interest in and to the tracts of 19055 country granted and assigned to them, respectively, by the 19056 fourth article of the treaty of October twenty-seventh, and the 19057 second article of the treaty of October twenty-ninth, one thou- 19058 sand eight hundred and thirty-two, for a particular description 19059 of said tracts, reference being had to said articles ; excepting 19060 and reserving therefrom a quantity of land equal to one hundred 19061 and sixty acres for each soul in said united tribe, according to a 19062 schedule attached to this instrument, and ten sections additional, 19063 to be held as the common property of the said tribe, and also the 19064 grant to the American Indian Mission Associatiou, hereinafter 19065 specifically set forth. 19066 Aeticlb 3. It is agreed that the United States shall, as 19067 soon as it can conveniently be done, cause the lands hereby 19068 ceded to be surveyed as the public lands are surveyed ; and, 19069 that the individuals and heads of families shall, within ninety 19070 days after the approval of the surveys, select the quantity of 19071 land therefrom to which they may be respectively entitled as 19072 specified in the second article hereof ; and that the selections 19073 shall be so made as to include in each case, as far as possi- 19074 ble, the present residences and improvements of each; and 19075 where that is not practicable, the selections shall fall on lands in 19076 the same neighborhood ; and if, by reason of absence or other- 19077 wise, the above-mentioned selections shall not all be made before 19078 the expiration of said period, the chiefs of the said united 19079 tribe shall proceed to select lands for those in default ; and shall 19080 also, after completing said last-named selections, choose ten sec- 19081 tions reserved to the tribe ; and said chiefs in the execution of 19082 the duty hereby assigned them shall select lands lying adjacent 19083 to or in the vicinity of those that have been previously chosen 19084 by individuals. All selections in this article provided for shall 19085 be made in conformity with the legal subdivisions of the Uni- 19086 ted States lands, and shall be reported immediately in writing, 19087 with apt descriptions of the same, to the agent for the tribe. 19088 Patents for the lands selected by or for individuals or families 19089 may be issued subject to such restrictions respecting leases and 19090 alienation as the President or Congress of the United States 19091 may prescribe. When selections are so made or attempted to 19092 be made as to produce injury to or controversies between indi- 19093 viduals, which cannot be settled by the parties, the matters of 19094 difficulty shall be investigated and decided on equitable terms 19095 by the council of the tribe, subject to appeal to the agent, whose 19096 decision shall be final and conclusive. 19097 Akticle 4. After the aforesaid selections shall have been 19098 made, the President shall immediately cause the residue of the 428 19099 ceded lands to be offered for sale at public auction, being gov- 19100 erned in all respects in conducting such sale by the laws of the 19101 United States for the sale of public lands, and such of said lands 19102 as may not be sold at public sale shall be subject to private 19103 entry at the minimum price of United States lands, for the term 19104 of three years ; and should any thereafter remain unsold, Con- 19105 gress may, by law, reduce the price from time to time, until the 19106 whole of said lauds are disposed of, proper regard being had in 19107 making the reduction to the interests of the Indians and to the 19108 settlement of the country. And in consideration of the cessions 193.09 hereinbefore made, the United States agree to pay to the said 19110 Indians, as hereinafter provided, all the moneys arising from 19111 the sales of said lands after deducting therefrom the actual cost 19112 of surveying, managing, and selling the same. 19113 Article 5. The said united tribes appreciate the importance 19114 and usefulness of the mission established in their country by 19115 the board of the American Indian Mission Association, and 19116 desiring that it shall continue with them, they hereby grant unto J 9117 said board a tract of one section of six hundred and forty acres 19118 of land, which they, by their chiefs, in connection with the 19119 proper agent of the board, will select ; and it is agreed that after 19120 the selections shall have been made, the President shall issue to 19121 such person or persons as the aforesaid board may designate a 19122 patent for the same. 19123 Article 6. The said Kaskaskias and Peorias, and the said 19124 Piankeshaws and Weas, have now, by virtue of the stipulations 19125 of former treaties, permanent annuities, amounting in all to 19126 three thousand eight hundred dollars per annum, which they 19127 hereby relinquish and release, and from the further payment 19128 of which they forever absolve the United States; and they also 19129 release and discharge the United States from all claims of dam- 19130 ages of every kind by reason of the non-fulfilment of former 19131 treaty stipulations, or of injuries to or losses of stock or other 19132 property by the wrongful acts of citizens of the United States ; 19133 and in consideration of the relinquishments and releases afore- 19134 said, the United States agree to pay to said united tribe, under 19135 the direction of the President, the sum of sixty-six thousand 19136 dollars, in six annual instalments, as follows : In the month of 19137 October, in each of the years one thousand eight hundred and 19138 fifty-four, one thousand eight hundred and fifty-five, and one 19139 thousand eight hundred and fifty-six, the sum of thirteen thou- 19140 sand dollars, and in the same month in each of the years one 19141 thousand eight hundred and fifty-seven, one thousand eight hun- 19142 dred and fifty-eight, and one thousand eight hundred ^nd fifty- 19143 nine, nine thousand dollars, and also to furnish said tribe with 429 19144 an interpreter and a blacksmith for five years, and supply the 19145 smith-shop with iron, steel, and tools, for a like period. 19146 Article 7. The annual payments provided for in article six 19147 are designed to be expended by the Indians, chiefly in extend- 19148 ing their farming operations, building houses, purchasing stock, 19149 agricultural implements, and such other things as may promote 19150 their improvement and comfort, and shall so be applied by them. 19151 But at their request it is agreed that from each of the said 19152 annual paymeuts the sum of five hundred dollars shall be re- 19153 served for the support of the aged and infirm, and the sum of 19154 two thousand dollars shall be set off and applied to the educa- 19155 tion of their youth ; and from each of the first three there shall 19156 also be set apart and applied the further sum of two thou- 19157 sand dollars, to enable said Indians to settle their affairs. And as 19158 the amount of the annual receipt from the sales of their lands 19159 cannot now be ascertained, it is agreed that the President may, 19160 from time to time, and upon consultation with said Indians, 19161 determine how much of the net proceeds of said sales shall be 19102 paid them, and how much shall be invested in safe and proflta- 19163 ble stocks, the interest to be annually paid to them, or expended 19164 for their benefit and improvement. 19165 Article 8. Citizens of the United States, or other persons 19166 not members of said united tribe, shall not be permitted to make 19167 locations or settlements in the country herein ceded until after 19168 the selections provided for have been made by said Indians ; 19169 and the provisions of the act of Congress approved March third, 19170 one thousand eight hundred and seven, in relation to lands 19171 ceded to the United States, shall, so far as the same are appli- 19172 cable, be extended to the lands herein ceded. 19173 Article 9. The debts of individuals of the tribe, con- 19174 tracted in their private dealings, whether to traders or other- 19175 wise, shall not be paid out of the general funds. And should 19176 any of said Indians become intemperate or abandoned, and waste 19177 their property, the President may withhold any moneys due or 19178 payable to such, and cause them to be paid, expended, or applied, 19179 so as to ensure the benefit thereof to their families. 19180 Article 10. The said Indians promise to renew their efforts 19181 to prevent the introduction and use of ardent spirits in their 19182 country, to encourage industry, thrift, and morality, and by 19183 every possible means to promote their advancement in civiliza- 19184 tion. They desire to be at peace with all men, and they bind 19185 themselves not to commit depredation or wrong upon either In- 19186 dians or citizens ;.and, should difficulties at any time arise, they 19187 will abide by the laws of the United States in such cases made 19188 and provided, as they expect to be protected and to have their 19189 rights vindicated by those laws. 430 19190 Akticle 11. The object of the iustrument beiDg to ad- 19191 vance the interests of said Indians, it is agreed, if it prove- 19192 insufBcient, from causes which cannot now be foreseen, to effect 19193 these ends, that the President may, by and with the advice and 19191: consent of the Senate, adopt such policy in the management of 19195 their affairs as, in his judgment, may be most beneficial to them ; 19196 or Congress may hereafter make such provisions by law as 19197 experience shall prove to be necessary. 19198 Article 12. It is agreed that all roads and highways, laid 19199 out by authority of law, shall have right of way through the 19200 lands herein ceded and reserved, on the same terms as are 19201 provided by law, when roads and highways are made through 19202 lands of citizens of the United States ; and railroad companies, 19203 when the lines of their roads necessarily pass through the lands 19204 of the said Indians, shall have right of way, on the payment of 19205 a just compensation therefor in money. 19206 Article 13. It is believed that all the persons and families 19207 of the said combined tribe are included in the annexed schedule, 19208 but should it prove otherwise, it is hereby stipulated that such 19209 person or family shall select from the ten sections reserved as. 19210 common property the quantity due, according to the rules 19211 hereinbefore prescribed, and the residue of said ten sections, or 19212 all of them, as the case may be, may hereafter, on the request of 19213 the chiefs, be sold by the President, and the proceeds applied 19214 to the benefit of the Indians. 19215 Article 14. This instrument shall be obligatory on the 19216 contracting parties whenever the same shall be ratified by the 19217 President and the Senate of the United States. 19218 Proclaimed August 10, 1854. 19219 ^Schedule of persons or families composing the united tribe of Weas, 19220 Piankesliaws, Peorias, and Ka^TcasMas, with the quantity of land 19221 to be selected in each case, as provided in the second and third 19222 articles. XuJi^tj Persons or families. Males. 19224 Mash-she- we lot-ta, or Joe Peoria ... 2 19225 Marcus Lindsay 3 19226 Sam Slick 5 19227 Wah-ka-ko-nah, or Billy 1 19228 Wah-kah-ko-se-ah 1 19229 Luther Pascal 2 19230 Lewis Pascal 1 19231 John Pascal 1 19232 Edward Black 3 19233 Sha-cahquah, or Andrew Chick 3 Females. Total. Nnmber of acres. 2 4 640 3 6 960 1 6 960 1 160 1 2 320 2 4 640 1 2 320 1 160 2 5 800 4 7 1,120 431 19^34 PeraoiiB or families. Males. 19235 Clie-swa-wa, or Eodgers 2 19236 JohaWestley 1 19237 Ma-co-se-tah, or P. Valley 3 19238 Ma-cha-co-me-yah, or David Lykins . . 3 19239 Sa-wa-na-ke-keah, or Wilson 1 19240 Na-mequah-wali 2 19241 Pun-gish-e-no-qua 1 19242 Ma-cen-sah 1 19243 Yellow Beaver 3 19244 JohnCharly 3 19245 Bam-ba-cap-wa, or Battiste Charly. . 3 19246 PaL-tocah 2 19247 Lee-we-ah, or Lewis 1 19248 Mah-kon-sah, junior 2 19249 Baptiste Peoria 3 19250 Ma-qua-ko-non-^a, or Lewis Peckham . 5 19251 Captain Mark '2 19252 Te-com-se, or Edward Dajexat 3 19253 Thomas Hedges 1 19254 Pah-ka-ko-se-qua 19255 En-ta-se-ma-qua 19256 Ton-za-nake-sa-gah 2 19257 Aw-sap-peen-qua-zah 4 19258 Kio-kaw-mozaw 4 19259 CWn-qua-ke-ah 2 19260 Peter Cloud 3 19261 Au-see-pan-nah, or Coon 2 19262 My-he-num ba 3 19263 Kish-e-koon-sah 1 19264 Kish-e-wan-esah 3 19265 Sho-cuni-qua 19266 Pe-ta-na-ke-ka-pa 2 19267 Pa-kan-giali 2 19268 Se-pah-ke-ah 1 19269 I^go-to-kop-wa 1 19270 Kil-soqua 2 19271 Be-zio, or Ben 1 19272 Kil-son-zali 1 19273 Shaw-lo-lee 2 19274 Ke-she-kon-sah, or Wea 1 19275 Ah-shaw-we-se-wah 2 19276 George Clinton 2 19277 Ke-kaw-ke-to-qua 2 19278 Sasaw-kaw-qua-ga, or Kain Tuck 2 19279 Wab-sah-ko-le-ah 1 iinales. 4 Total. 6 Number of acres , 960 1 2 320 1 4 640 2 5 800 2 3 480 2 320 3 4 640 1 2 320 3 6 960 3 6 960 3 5 800 2 4 640 2 3 480 2 4 640 5 8 1,280 2 7 1,120 2 4 640 1 4 640 1 i> 820 1 1 160 1 1 160 1 3 480 4 640 2 6 960 3 5 800 - 3 480 1 3 480 3 6 960 2 3 480 1 4 640 o 2 320 2 320 1 3 480 1 2 320 1 2 320 2 4 640 2 3 480 2 3 480 1 3 480 2 3 480 - 2 320 - 2 320 2 4 640 3 5 800 3 4 640 emalea. Total. M'Timber of acres. 1 2 320 1 4 640 — 2 320 3 4 640 - 3 480 - 2 320 - 2 320 1 2 320 1 3 320 3 5 800 1 2 320 2 4 640 3 (i 960 2 '> 320 3 5 800 2 4 640 _ O 320 1 4 640 432 JLtfiioU Persons or families. Males.' 19281 Kin-ge-ton-no-zah, or Eed Bird 1 19282 Paw-saw-qua, or Jack Booei 3 19283 No-wa-ko-se-ah 2 19284 Me-shin-qua-me-saw 1 19285 Chen-gwan-zaw 3 19286 Ke-che-kom-e-ah 2 19287 Na-me-qua-wah, junior 2 19288 Ta-pah-coa-wah 1 19289 Pa-pee-ze-sa-wah 1 19290 Ta-ko-nah, or Mitchel 2 19291 Pe-la-she 1 19292 Wah-ke-shin-gah 2 19293 Waw-pon-ge-quah, or Mrs. Ward .... 3 19294 Paw-saw-kaw-kaw-maw 19295 Ke-maw-lan-e-ah 3 19296 Qua-kaw-mekaw-trua, or J. Cox 2 19297 Cow-we-shaw 2 19298 Tah-wahqua-ke-iuon-ga 3 19399 KLAMATHS, ETC. 19300 Treaty between the United States of America and the Klamath and 19301 Moadoe tribes and YahoosMn band of Snalce Indians, con- 19303 eluded Octo&er 14, 1864; ratification advised, icith amendments, 19303 July 2, 1866. 19304 Ulysses S. Geant, President of the United States of America, 19305 to all and singular to whom these presents shall come, 19306 greeting : 19307 Whereas a treaty was made and concluded at Klamath 19308 Lake, in the State of Oregon, on the fourteenth day of October, 19309 in the year of our Lord one thousand eight hundred and sixty- 19310 four, by and between J. W. Perit Huntington and William 19311 Logan, commissioners on the part of the United States, and La- 19312 Lake, Chil-o-que-nas, and other chiefs and head-men of the Kla- 19313 math tribe of Indians; Schon-chin, Stak-it-ut, and other chiefs 19314 and head-men of the Moadoe tribe of Indians; and Kile-to-ak 19315 and Sky-te ock-et, chiefs and head-men of the Yahooskin band 19316 of Snake Indians, respectively, ou the part of said tribes and 19317 band of Indians, and duly authorized thereto by them, which 19318 treaty is in the words and figures following, to wit: 19319 Articles of agreement and convention made and concluded at 19320 Klamath Lake, Oregon , ou the fourteenth day of October, A. 433 19321 D. one thousand eight hundred and sixty-four, by J. W. 19322 Perit Huntington, superintendent of Indian affairs in Ore- 19323 gon, and William Logan, United States Indian agent for 19324 Oregon, on the part of the United States, and the chiefs 19325 and head-men of the Klamath and Moadoc tribes and Yahoo- 19326 skin band of Snake Indians, hereinafter named, to wit, 19327 La-Lake, Chil-o-que-nas, Kellogue, Mo-ghen-kas-kit, Blow, 19328 Lelu, Palmer, Jack, Que-as, Poo-sak-sult, Che-mult, No-ak- 19329 sum, Mooch-kat-allick, Toon-tucktee, Boos-ki-you, Ski-a-tic, 19330 Shol-las-loos, Tatet-pas, Muk-has, Herman-koos-mam, chiefs 19331 and head-men of the Klamaths; Schonchin,Stak-it-ut,Keint- 19332 poos, Ghuck-e-i-ox, chiefs nnd head-men of the Moadocs, and 19333 Kile-to-ak and Sky-te-ock-et, chiefs of the Yahooskin band 19334 of Snakes. 19335 Article 1. The tribes of Indians aforesaid cede to the 19336 United States all their right, title, and claim to all the country 19337 claimed by them, the same being determined by the following 19338 boundaries, to wit : Beginning at the point where the forty- 19339 fourth parallel of north latitude crosses the summit of the Oas- 19340 cade Mountains ; thence following the main dividing^ridge 19341 of said mountains in a southerly direction to the ridge which 19342 separates the waters of Pitt and McOloud Elvers from the 19343 waters on the north ; thence along said dividing-ridge in an 19344 easterly direction to the southern end of Goose Lake ; thence 19345 northeasterly to the northern end of Harney Lake ; thence due 19346 north to the forty -fourth parallel of north latitude ; thence west 19347 to the place of beginning: Provided, That the following-de- 19348 scribed tract, within the country ceded by this treaty, shall, 19349 until otherwise directed by the President of the United States, 19350 be set apart as a residence for said Indians, [and] held and re- 19351 garded as an Indian reservation, to wit : Beginning upon the 19352 eastern shore of the middle' Klamath Lake, at the Point of 19353 Eocks, about twelve miles below the mouth of Williamson's 19354 Eiver ; thence following up said eastern shore to the mouth of 19355 Wood Eiver ; thence up Wood Eiver to a point one mile north 19356 of the bridge at Port Klamath ; thence due east to the summit 19357 of the ridge which divides the upper and middle Klamath 19358 Lakes ; thence akng said ridge to a point due east of the north 19359 end of the upper laie ; thence due east, passing the said north 19360 end of the upper lake, to the summit of the mountains on the 19361 east side of the lake; thence along said mountain to the point 19362 where Sprague's Eiver is intersected by the Ish-tish-ea wax 19363 Creek ; thence in a southerly direction to the summit of the 19364 mountain, the extremity of which forms the Point of Eocks ; 19366 thence along said mountain to the place of beginning. And 19366 the tribes aforesaid agree and bind themselves that, immedi- 55 I T 434 19367 ately after the ratification of this treaty, they will remove to 19368 said reservation and remain thereon, unless temporary leave of 19369 absence be granted to them by the superintendent or agent 19370 having charge of the tribes. 19371 It is further stipulated and agreed that no white person shall 19372 be permitted to locate or remain upon the reservation, except 19373 the Indian superintendent and agent, employes of the Indian 19374 department, and officers of the Army of the United States, and 19375 that in case persons other than those specified are found upon 19376 the reservation, they shall be immediately expelled therefrom ; 19377 and the exclusive right of taking fish in the streams and lakes, 19378 included in said reservation, and of gathering edible roots, seeds, 19379 and berries within its limits, is hereby secured to the Indians 19380 aforesaid : Provided, also, That the right of way for public roads 19381 and railroads across said reservation is reserved to citizens of 19382 the United States. 19383 Article 2. In consideration of, and in payment for the 19384 country ceded by this treaty, the United States agree to pay to 19385 the tribes conveying the same the several sums of money here- 19386 inafter enumerated, to wit : Bight thousand dollars per annum 19387 for a period of five years, commencing on the first day of Octo. 19388 ber, eighteen hundred and sixty-five, or as soon thereafter as 19389 this treaty may be ratified ; five thousand dollars per annum for 19390 the term of five years next succeeding the first period of fl\'e 19391 years ; and three thousand dollars per annum for the term of 19392 five years next succeeding the second period ; all of which sev- 19393 eral sums shall be applied to the use and benefit of said Indians 19394 by the superintendent or agent having charge of the tribes 19395 under the direction of the President of the United States, who 19396 shall, from time to time, in his discretion, determine for what 19397 objects the same shall be expended, so as to carry out the design 19398 of the expenditure, [it] being to promote the well-being of the T.9399 Indians, advance them in civilization, and especially agriculture, 19400 and to secure their moral improvement and education. 19401 Akticle 3. The United States agree to pay said Indians 19402 the additional sum of thirty-five thousand dollars, a portion 19403 whereof shall be used to pay for such articles as may be ad- 19404 vanced to them at the time of signing this treaty, and the re- 19405 mainder shall be applied to subsisting the Indians during the 19406 first year after their removal to the reservation, the purchase of 19407 teams, farming implements, tools, seeds, clothing, and provisions 19408 and for the payment of the necessary employes. 19409 Article 4. The United States further agree that there shall 19410 be erected at suitable points on the reservation, as soon as prac- 19411 ticable after the ratification of this treaty, one saw-mill, one 19412 flouring-mill, suitable buildings for the use of the blacksmith, 435 19413 carpenter, and wagon and plough maker, the necessary buildings 19414 for one manual-labor school, and such hospital buildings as may 19415 be necessary, which buildings shall be kept in repair at the ex- 19416 pense of the United States for the term of twenty years ; and it 19417 is further stipulated that the necessary tools and materialforthe 19418 saw-mill, flour-mill, carpenter, blacksmith, and wagon and plough 19419 maker's shops, and books and stationery for the manual-labor 19420 school, shall be furnished by the United States for the period of 19421 twenty years. 19422 Aeticle 5. The United States further engage to furnish 19423 and pay for the services and subsistence, for the term of fifteen 19424 years, of one superintendent of farming operations, one farmer, 19425 one blacksmith, one sawyer, one carpenter, and one wagon and 19426 plough maker, and for the term of twenty years of one physician, 19427 one miller, and two school-teachers. 19428 Article 6. The United States may, in their discretion, 19429 cause a. part or the whole of the reservation provided for in Ar- 19430 tide 1 to be surveyed into tracts, and assigned to members of 19431 the tribes of Indians parties to this treaty, or such of them as 19433 may appear likely to be benefited by the same, under the follow- 19433 ing restrictions and limitations, to wit : To each head of a fam- 19434 ily shall be assigned and granted a tract of not less than forty 19435 nor more than one hundred and twenty acres, according to the 19436 number of persons in such family ; and to each single man above 39437 the age of twenty-one years a tract not exceeding forty acres. 19438 The Indians to whom these tracts are granted are guaranteed 19439 the perpetual possession and use of the tracts thus granted and 19440 of the improvements which may be placed thereon ; but no In- 19441 dian shall have the right to alienate or convey any such tract to 19442 any person whatsoever, and the same shall be forever exempt 19443 from levy, sale, or forfeiture : Provided, Tliat the Congress of 19444 the United States may hereafter abolish these restrictions and 19445 permit the sale of the lands so assigned, if the prosperity of the 19446 Indians will be advanced thereby : And provided further , If any 19447 Indian, to whom an assignment of land has been made, shall re- 19448 fuse to reside upon the tract so assigned for a period of two years, 19449 his right to the same shall be deemed forfeited. 19450 Aeticle 7. The President of the United States is empow- 19451 ered to declare such rules and regulations as will secure to the 19452 family, in case of the death of the head thereof, the use and 19453 possession of the tract assigned to him, with the improvements 19454 thereon. 19455 Aeticle 8. The annuities of . the tribes mentioned in this 19456 treaty shall not be held liable or taken to pay the debts of indi- 19457 viduals. 19458 Aeticle 9. The several tribes of Indians, parties to this 436 19459 treaty, acknowledge their dependence upon the Government of 19460 the United States, and agree to be friendly with all citizens 19461 thereof, and to commit no depredations upon the person or 19462 property of said citizens, and to refrain from carrying on any 19463 war upon other Indian tribes ; and they further agree that they 19464 will not communicate with or assist any persons or nation hostile 19465 to the United States ; and, further, that they will submit to. and 1946G obey all laws and regulations which the United States may pre- 19467 scribe for their government and conduct. 19468 Article 10. Tt is hereby provided that if any member of 19469 these tribes shall drinlt any spirituous liquor, or bring any such 19470 liquor upon the reservation, his or her proportion of the benefits 19471 of this treaty may be withheld for such time as the President of 19472 the United States may direct. 19473 Article 11. It is agreed between the contracting parties 19474 that if the United States, at any future time, may desire to locate 19475 other tribes upon the reservation provided for in, this treaty, no 19476 objection shall be made thereto ; but the tribes, parties to this 19477 treaty, shall not, by such location of other tribes, forfeit any of 19478 their rights or privileges guaranteed to them by this treaty. 19479 Article 12. This treaty shall bind the contracting parties 19480 whenever the same is ratified by the Senate and President of the 19481 United States. 10482 Proclaimed February 17, 1870. 19483 KIOKAPOOS. 19484 A treaty between the United States of America and the KicMpao 19485 tribe of Indians. 19486 William Henry Harrison, governor of the Indiana Territory 19487 and commissioner plenipotentiary of the United States for 19488 treating with the Indian tribes northwest of the Ohio, and the 19489 sachems and war-chiefs of the Kickapoo tribe on the part of 19490 said tribe, have agreed on the following articles, which, when 19491 ratified by, the President, by and with the advice of the Senate, 19492 shall be binding on said parties : 19493 Article 1. The ninth article of the treaty concluded at 19494 Fort Wayne on the thirtieth of September last (proclaimed 19495 January 16, 1810, see page — ,) and the cession it contains, is 19496 hereby agreed to by the Kickapoos, and a permanent additional 19497 annuity of four hundred dollars, and goods to the amount of 19498 eight hundred dollars, now delivered, is to be considered as a 19499 full compensation for the said cession. 437 19500 Article 2. The said tribe furtlier agrees to cede to ttie 19501 United States all that tract of land which lies between the tract 19502 above ceded, the Wabash, the Yerniillion Eiver, and a line to 19503 be drawn from the north corner of the said ceded tract, so as to 19504 strike the Vermilion Eiver at the distance of twenty miles in a 19505 direct line from its mouth. For this cession a further annuity 19506 of one hundred dollars, and the sum of seven hundred dollars 19507 in goods, now delivered, is considered as a full compensation. 19508 But if the Miamies should not be willing to sanction the latter 19509 cession, and the United States should not think proper to take 19510 possession of the land without their consent, tliey shall be re- 19511 leased from the obligation to pay the additional annuity of one 19512 hundred dollars. 19513 Article 3. The stipulations contained in the treaty of 19514 Greenville relatively to the manner of paying the annuity and 19515 of the right of the Indians to hunt upon the land, shall apply 19516 to the annuity granted and the land ceded by the present treaty. 19517 Proclaimed March 3, 1810. 19518 A treaty of peace and friendnhip made and concluded between Will- 19519 iam Clark, Ninian Edivards, and Awguste Chouteau, commis- 19520 sioners plenipotentiary of the United States of America on the 19521 part and behalf of the said States, of the one part, and the un- 19522 dersigned chiefs, ivarriors, and deputies of the Kiclcapoo tribe 19523 or nation, on the part and behalf of the said tribe or nation, of 19524 the other part. 19525 The parties being desirous of re establishing peace and 19526 friendship between the United States and the said tribe or na- 19527 tion, and of being placed in all things and in every respect on the 19528 same footing upon which they stood before the war, have agreed 19529 to the following articles : 19530 Article 1. Every injury or act of hostility by one or either 19531 of the contracting parties towards the other shall be mutually 19532 forgiven and forgot. 19533 Article 2. There shall be perpetual peace and friendship 19534 between all the citizens of the United States of America and 19535 all the individuals composing the said Kickapoo tribe or nation. 19536 Article 3. The contracting parties do hereby agree, prom- 19537 ise, and oblige themselves, reciprocally, to deliver up all the 19538 prisoners now in their hands (by what means soever the same 19539 may have come into their possession) to the officer commanding 19540 at Port Clarke, on the Illinois Eiver, to be by him restored to 19541 their respective nations as soon as it may be practicable. 19542 ' Article 4. The contracting parties, in the sincerity of mu- 438 19543 tual friendship, recognize, re-establish, and confirm all and every 19544 treaty, contract, and agreement heretofore concluded between 19545 the United States and the Kickapoo tribe or nation, 19546 Ratified December 26, 1815. 19547 N. B. The obligations imposed on the United States by this 19548 treaty are released by the Article 4 of the treaty proclaimed 19549 January 13, 1821, p. 439. 19550 Articles of a treaty made and entered into at Fort Harrison, in the 19551 Indiana Territory, between Benjamin Parke, specially autJior- 19552 ized thereto by the President of the United States, on the one 19553 ^>ar<, and the tribes of Indians called the Weas and Kickapoos, 19554 by their chiefs and head-men, of the other part, 19555 Article 1. The Weas and Kickapoos again acknowledge 19556 themselves in peace and friendship with the United States. 19657 Aeticle 2. The said tribes acknowledge the validity of, 19558 and declare their determination to adhere to, the treaty of Green- "19559 ville, made in the year seventeen hundred and ninety-five, and 19560 all subsequent treaties which they have respectively made with 19561 the United States. 19562 Article 3. The boundary-line, surveyed and marked by 19563 the United States, of the land on the Wabash and White Elvers, 19564 ceded in the year eighteen hundred and nine, the said tribes do 19565 hereby explicitly recognise and confirm as having been executed 19566 conformably to the several treaties they have made with the 19567 United States. 19568 Article 4. The chiefs and warriors of the said tribe of the 19569 Kickapoos acknowledges that they have ceded to the United 19570 States all that tract of country which lies between the aforesaid 19571 boundary-line on the northwest sideof the Wabash — the Wabash, 19572 the Vermillion Eiver, and a line to be drawn from the northwest 19573 corner of the said boundary-line, so as to strike the Vermillion 19574 Eiver twenty miles in a direct line from its mouth, according to 19575 the terms and conditions of the treaty they made with the United 19576 States on the ninth day of December, in the year eighteen hun- 19577 dred and nine. 19578 Proclaimed December 30, 1816. 19579 A treaty made and concluded at Udwardsville, in the State of Illi- 19580 nois, between Auguste Chouteau and Benjamin Stephenson, 19581 commissioners on the part and behalf of the United States of 19582 America, of the one part, and the undersigned, principal chiefs 19583 and warriors of the Kickapoo tribe of Indians, on the part and 19584 behalf of said tribe, of the other part. 19585 Article 1 The undersigned chiefs and warriors, for them- 19586 selves and their said tribe, for and in consideration of the prom- 439 19587 ises and stipulations hereinafter made, do hereby cede and re- 19588 linquish to the United States forever all their right, interest, 19589 and title of, in, and to the following tracts of land, viz : All 19590 their land on the southeast side of the Wabash Eiver, including 19591 the principal village in which their ancestors formerly resided, 19593 consisting of a large tract, to which they have had, from time 19593 immemorial, and now have, a just right, that they have never 19594 heretofore ceded, ort)therwise disposed of, in any manner what- 19595 ever; also all the land within the following boundaries, viz: 19596 Beginning on the Wabash Eiver, at the upper point of their 19597 cession, made by the second article of their treaty at Vincennes 19598 on the 9th December, 1809 ; running thence, northwestwardly, 19599 to the dividing line between the States of Illinois and Indiana; 19600 thence, along said line, to the Kankakee Eiver; thence, with 19601 said river, to the Illinois Eiver; theuce, down the latter, to its 19602 mouth ; thence, with a direct line, to the northwest corner of, 19603 the Vincennes tract, as recognised in the treaty with the Piank 19604 eshaw tribe of Indians at Vincennes, on the 30th December, 1805 ; 19605 and thence, with the western and northern boundaries of the 19606 cessions heretofore made by the said Kickapoo tribe of Indians, 19607 to the beginning. Of which last-described tract of land the 19608 said Kickapoo tribe claim a large portion, by descent from their 19609 ancestors, and the balance by conquest from the Illinois Nation, 19610 and uninterrupted possession for more than half a century. 19611 Article 2. The said tribe hereby confirm all their former 19612 treaties with the United States, and relinquish to them all claim 19613 to every portion of their lands which may have been ceded by 19614 any other tribe or tribes, and all and every demand which they 19615 might have had in consequence of the second article of the treaty 19616 made with the Pottawattamy Nation of Indians at St. Mary's 19617 on the 2d October, 1818, (proclaimed January 15, 1819.) 19618 Article 3. The said tribe acknowledge themselves now to 19619 be, and promise to continue, under the protection of the United 19620 States of America, and of no other nation, power, or sovereign 19621 whatever. 19622 Article 4. The said tribe release the United States from 19623 all obligations imposed by any treaties heretofore made with 19624 them. 19625 Article 5. The United States, in lieu of all former stipu- 19626 lations,.and in consideration of cessions of land heretofore made 19627 by the said tribe, promise to pay them, at their town on the 19628 waters of the Osage Eiver, two thousand dollars in silver, annu- 19629 ally, for fifteen successive years. 19630 Article 6. Altered so as to read as Article 1 of treaty of 19631 July 19, 1820, page 440. 440 19632 Article 7. The United States promise to guaranty to the 19633 said tribe the peaceable possession of the tract of land hereby 19634 ceded to them, and to restrain and prevent all white persons 19635 from hunting, settling, or otherwise intruding upon it. But any 19636 citizen or citizens of the United States, being lawfully authorized 19637 for that purpose, shall be permitted to pass and repass through 19638 the said tract, and to navigate the waters thereof, without any 19639 hindrance, toll, or exaction from the said tribe. 19640 ARTICLE 8. For the purpose of facilitating the removal of 19641 the said tribe to the tract of land hereby ceded to them, the 19642 United States will furnish them with two boats, well manned, 19643 to transport their property from any point they may designate 19644 on the Illinois Eiver, and some judicious citizen shall be se- 19645 lected to accompany them in their passage through the white 19646 settlements to their intended residence. 19647 Article 9. The United States will take the said Kickapoo 19648 tribe under their care and patronage, and will afford them pro- 19649 tection against all persons whatever, provided they conform to 19850 the laws of the United States, and refrain from making war, or 19651 giving any insult or offence to any other Indian tribe, or to any 19652 foreign nation, without first having obtained the approbation 19653 and consent of the United States. 19654 Article 10. The said tribe, in addition to their above- 19655 described cessions, do hereby cede and relinquish to the United 19656 States generally and without reservation all other tracts of land 19657 to which they may have any right or title on the left side of the 19658 Illinois and Mississippi Elvers. 19659 Proclaimed January 13, 1821. 19660 A treaty made and concluded hy and between Auguste Chouteau 19661 and Benjamin Stephenson, commissioners of the United States 19662 of America, on the part and behalf of the said States, of the 19663 one part, and the undersigned, chiefs and warriors of the KicTc- 19664 apoo tribe of Indians, on the part and behalf of their said 19665 nation, of the other part, the same being supplementary to and 19666 amendatory of the treaty made and concluded at Edwardsville 19667 on the 30th July, 1819, between the United States and the said 19668 Kiclcapoo Nation, and proclaimed January 13, 1821. 19669 Article 1. It is agreed between the United States and the 19670 Kickapoo tribe of Indians that the sixth article of the treaty to 19671 which this is supplementary shall be, and the same is hereby 19672 altered and amended so as to read as follows, viz : 19673 In consideration of and exchange for the cession made by 19674 the aforesaid tribe in the first article of this treaty the United 441 19675 States, ia addition to three thousand dollars' worth of merchan- 19676 dise this day paid to the said tribe, hereby cede to the said 19677 tribe, to be 'by them possessed in like manner as the lands 19678 ceded by the first article of this treaty by them to the United 19679 States were possessed, a certain tract of land in 'the Territory of 19680 Missouri, and included within the following boundaries, viz : 19681 Beginning at the confluence of the rivers Pommes de Terre and 19682 Osage ; thence up said river Pommes de Terre to the dividing 19683 ridge which separates the waters of Osage and White Eivers ; 19684 thence with said ridge and westwardly to the Osage line ; thence 19685 due north with said line to Nerve Greek ; thence down the same 19686 to a point due south of the mouth of White Clay, or Eichard 19687 Creek ; thence north to the Osage Eiver ; thence down said 19688 river to the beginning. 19689 Proclaimed January 13, 1821. 19690 Articles of a treaty made and entered into at Castor Sill, in the 19691 county of St, Louis, in the State of Missouri, this licenty-fourth 19692 day of October, one thousand eight hundred and thirty-tico, be- 19693 tween William ClarJc, Frank J. Allen, and Ifathan Kouns, 19694 commissioners on thepart of the United States, of the onepart, 19695 and the chiefs, warriors, and counsellors of the Kiclcapoo tribe 19696 of Indians, on behalf of said tribe, of the other part. 19697 Akticlb 1. TheKickapootribecfiuuians, in consideration 19698 of the stipulations ' hereinafter made, do hereby cede to the 19699 United States the lands assigned to them by the treaty of Bd- 19700 wardsville, and concluded at St. Louis, the nineteenth day of 19701 July, eighteen hundred and twenty-two, and all other claims to 19702 lands within the State of Missouri. 19703 Article 2. The United States will provide for the Kickapoo 19704 tribe a country to reside in, southwest of the Missouri Eiver, 19705 as their permanent place of residence as long as they remain a 19706 tribe. And whereas the said Kickapoo tribe are now willing to 19707 reftiove, on the following conditions, from the country ceded on 19708 Osage Eiver, in the State of Missouri, to the country selected 19709 on the Missouri Eiver, north of lands which have been assigned 19710 to the Delawares ; it is hereby agreed that the country within 19711 the following boundaries shall be assigned, conveyed, and for- 19712 ever secured, and is hereby so assigned, conveyed, and secured 19713 by the United States to the said Kickapoo tribe, as their perma- 19714 nent residence, viz : Beginning on the Delaware line six miles 19715 westwardly of Fort Leavenworth, thence with the Delaware 19716 line westwardly sixty miles, thence north twenty miles, thence 19717 in a direct line to the west bank of the Missouri, at a point 19718 twenty-six miles north of Port Leavenworth, thence down the 56 I T 442 19719 west bauk of the Missouri Elver to a point six miles nearly 19720 northwest of Fort Leavenworth, and thence to the beginning. 19721 Article 3. In consideration of the cession contained iu 19722 the first article, the United States agree to pay to the Kickapoo 19723 tribe, within one year after the ratification of this treaty, an 19724: annuity for one year of eighteen thousand dollars ; twelve thou- 19725 sand dollars of which, at the urgent request of said Indians, 19726 shall be placed in the hands of the superintendent of Indian 19727 affairs, at St. Louis, and be by him applied to the payment of 19728 the debts of the said tribe, agreeably to a schedule to be fur- 19729 nished by them to the said superintendent, stating, as far as 19730 practicable, for what contracted, and to whom due ; and the said 19731 superintendent shall, as soon as possible, after the said money 19732 comes into his hands, pay it over in a just apportionment, agree- 19733 ably to their respective claims, to the creditors of the said tribe, "19734 as specified in the schedule furnished him. And should any bal- 19735 ance remain in his hands after said apportionment and payment, 19736 it shall be by him paid over to the said Kickapoo tribe for their 19737 use and benefit. 19738 Aeticlb i. The United States further agree to pay to the 19739 Kickapoo tribe an annuity of five thousand dollars per annum, 19740 in merchandize, at its cost in St. Louis, or in money, at their 19741 option, for nineteen successive years, commencing with the second 19742 year after the ratification of this treaty. 19743 Article 5. The United States will pay one thousand dol- 19744 lars annually for five successive years, for the support of a black- 19745 smith and strikers ; purchase of iron, steel, tools, &c., for the 19746 benefit of said tribe, on the lands hereby assigned them. 19747 Article 6^ The United States agree to pay thirty-seven 19748 hundred dollars for the erection of a mill and a church, for the 19749 use of said tribe, on the aforesaid lands. 19750 Article 7. The United States will pay five hundred dol- 19751 lars per annum, for ten successive years, for the support of a 19752 school, purchase of books, &c., for the benefit of said Kickapoo 19753 tribe on the lands herein ceded to them. 19754 Article 8. The United States agree to pay three thousand 19755 dollars for farming utensils, when such utensils may be required 19756 by said tribe, on their land. 19757 Article 9. The United States will pay four thousand dol- 19758 lars for labour and improvements on the lands herein ceded 19759 said Kickapoos. 19760 Article 10. The United States agree to pay four thousand 19761 dollars in cattle, hogs, and such other stock as may be required 19762 by the said tribe; to be also delivered on their land. 19763 Article 11. There shall be paid in merchandize and cash, 19764 to the Kickapoos now present, for the use and benefit of their 443 19765 tribe, six thousand dollars, the receipt of which is hereby ac- 19766 knowledged; which amouut, together with the several stipula- 19767 tions contained in the preceding articles, shall be considered as 19768 a full compensation for the cession herein made by said Kickapoo 19769 tribe. The United States will furnish said Indians with some 19770 assistance when removing to the lands hereby assigned them, 19771 and supply them with one year's provisions after their arrival on 19772 said land. 19773 Article 12. The United States agree to ruji and mark out 19774 the boundary-lines of the lands hereby ceded to the said tribe, 19775 within three years from the date of the ratification of this treaty. 19776 Article 13. Thesaidlndiansagreetoremove, with as little ' 19777 delay as possible, to the land hereby ceded to them. 19778 Article 14. The United States agree, at the particular re- 19779 quest of the Kickapoos, that a deputation of their tribe shall be 19780 sent, with one or two of the commissioners, to view the lands 19781 hereby ceded to them, which deputation and commissioners 19782 jointly agreeing, shall have power to alter the boundary -lines so 19783 as to make a selection of a body of land not exceeding twelve 19784 hundred square miles, adjoining to and lying between the Big 19785 Nemaha Eiver and the Delaware lands, and of changing the lines 19786 of the land hereby ceded in the second article of this treaty, not 19787 exceeding half the front on the Missouri between the mouth of 19788 Big ISTemaha and Fort Leavenworth, so as to iaclude a suitable 19789 scite for a mill-seat, should it be desired by said tribe and ap- 19790 pear necessary to the commissioners. And it is understood 19791 that if the commissioners, on viewing the land ceded in the 19792 second article of this treaty, shall find it of good quality, and suf- 19793 ficient for said tribe, then the aforesaid second article to be as 19794 binding on the contracting parties as if this article had not been 19795 inserted. 19796 Article 15. This treaty to be binding when ratified by the 19797 President and Senate of tlie United States. 19798 Proclaimed February 13, 1833. 19799 Supplemental article to the treaty with the Kiclcapoo tribe of Indians, 19800 of the twentyfourth October, one thousand eight hundred and 19801 thirty-two, and proclaimed February 13, 1833. 19802 The undersigned, commissioners on the part of the United 19803 States, and a deputation of Kickapoos, on the part of the Kick- 19804 apoo tribe of Indians, having visited the lands assigned to the 19805 said tribe by the second article of a treaty with the said tribe, 19806 concluded at Castor Hill, in the county of Saint Louis, and State 19807 of Missouri, on the twenty-fourth day of October, one thousand 19808 eight hundred and thirty-two, and by authority of the powers 444 19809 vested in the said commissioners, and tbe said deputation, by 19810 the fourteenth article of the aforesaid treaty, have agreed that 19811 the boundary-lines of the lands assigaed to the Kiokapoos shall 19812 begin on the Delaware line, where said line crosses the left branch 19813 of Salt Creek, thence down said creek to the Missouri River, 19814 thence up the Missouri Eiver thirty miles when measured on a 19815 straight line, thence westwardly to a point twenty miles from 19816 the Delaware line, so as to include in the lands assigned the 19817 Kickapoos at least twelve hundred square miles. 19818 N. B. — The United States are released from all claims and 19819 demands of any kind, under the preceding treaties, by article 8 ' 19820 of the treaty of May 18, 1854, proclaimed July 19, 1854, page 447. 19821 Peanklin Pieeoe, President of the United States of Amer- 19822 ica ; to all and singular to whom these presents shall come, 19823 greeting: 19824 Whereas a treaty was made and concluded at the city of 19825 Washington on the eighteenth day of May, one thousand eight 19826 hundred and fifty-four, by George W. Manypenny, commissioner 19827 on the part of the United States, and the following-named dele- 19828 gates of the Kickapoo tribe of Indians, viz, Pah-kah-kah or 19829 John Kennekuk, Kap-i-o-mah or the Fox Carrier, No-ka-wat or 19830 the Fox Hair, Pe-sha-gon or Tug made of Bear Skin, and Ke-wi- 19831 sahtuk or Walking Bear or Squire, thereto duly authorized by 19832 said tribe, which treaty is in the words following, to wit : 19833 Articles of agreement and convention made and concluded at 19834 the city of Washington this eighteenth day of May, one 19835 thousand eight hundred and fifty-four, by George W. Many- 19836 penny, commissioner on the part of the United States, and 19837 the following-named delegates of the Kickapoo tribe of 19838 Indians, viz, Pah-kah-kah or John Kenueknk, Kap-i-o-mah 19839 or the Fox Carrier, No-ka-wat or the Fox Hair, Pe-sha-gon or 19840 Tug made of Bear Skin, and Ke-wi-sah-tuk or Walking Bear 19841 or Squire, thereto duly authorized by said tribe. 19842 Aeticle 1. The Kickapoo tribe of Indians hereby cede, 19843 sell, and convey unto the United States all that country south- 19844 west of the Missouri Eiver, which was provided as a permanent 19845 home for them in the treaty of Castor Hill, of the twenty-fourth 19846 of October,' one thousand eight hundred and thirty-two, and 19847 described in the supplemental article thereto, entered into at 19848 Fort Leavenworth on the 26th of November, one thousand eight 19849 hundred and thirty-two, as follows : Beginning "on the Dela- 19850 ware line, where said line crosses the left branch of Salt Creek, 19851 thence down said creek to the Missouri River, thence up the 19852 Missouri River thirty miles when measured on a straight- line, 19853 thence westwardly to a point twenty miles from the Delaware 19854 line, so as to include in the lands assigned to the Kickapoos at 445 19855 least twelve hundred square miles;" saving and reserving, in 19856 the western part thereof, one hundred and fifty thousand acres 19857 for a future and permanent home, which shall be set off for, and 19858 assigned to, them by .metes and bounds : Provided, That upon 19859 the return home of the delegates here contracting, and upon 19860 consultation with their people, and after an exploration if required 19861 by them, in company with their agent, a location to that extent 19862 can be found within said specified section of country suited to 19863 their wants and wishes : And it is also further provided, That 19864 should a suitable location, upon examination and consultation, to 19865 the full extent of one hundred and fifty thousand acres, not be 19866 found within said western part of this cession, then the said 19867 delegates and agent shall be permitted to extend the location 19868 beyond the western line of the country herein ceded and north 19869 of the recent Delaware. line over so much of the public domain, 19870 otherwise unappropriated, as shall make up the deficiency — or 19871 to make a selection entirely beyond the limits of the country at 19872 present occupied by the Kickapoos upon any lands of the United 19873 States, not otherwise appropriated, lying within the limits 19874 bounded by the said western line, by the recent Delaware north- 19875 ern line, and the waters of the Great Nemahaw Eiver ; and in 19876 either case they shall describe their selection, which must be 19877 made within six months from the date hereof, by metes and 19878 bounds, and transmit the description thereof, signed by said 19879 delegates and agent, to the Commissioner of Indian Affairs ; 19880 and thereupon the selection so made shall be taken and deemed 19881 as the future permanent home of the Kickapoo Indians. It is 19882 expressly understood that the Kickapoos shall cl-aim under this 19883 article no more than one hundred and fifty thousand acres ot 19884 land ; and if that quantity or any portion thereof shall be se- 19885 lected, as provided above, outside of the reservation herein made, 19886 then said reservation, or a quantity equal to that which may be 19887 selected outside thereof, shall be, and the same is hereby, ceded 19888 and relinquished to the United States. 19889 Article 2. In consideration whereof the United States 19890 agree to pay to the said Indians, under the direction of the Pres- 19891 ident, and in such manner as he shall from time to time pre- 19892 scribe, the sura of three hundred thousand dollars, as follows : 19893 one hundred thousand dollars to be invfested at an interest of 19894 five per centum per annum ; the interest of which shall be annu- 19895 ally expended for educational and other beneficial purposes. 19896 The remaining two hundred thousand dollars to be paid thus : 19897 Twenty-five thousand dollars in the month of October, one thou- 19898 sand eight hundred and fifty-four ; twenty thousand dollars dur- 19899 ing the same month in each of the years one thousand eight 19900 hundred and fifty-five and one thousand eight hundred aud fifty- 446 19901 six ; fourteeu thousand dollars daring the same month in each ] 9902 of the years one thousand eight hundred and fifty-seven and one 19903 thousand eight hundred and fifty-eight ; nine thousand dollars 19904 in the same month of each of the six years next succeeding that 19905 of one thousand eight hundred and fifty-eight ; seven thousand 19906 dollars in the same month of each of the four years next suc- 19907 ceeding the expiration of the last-named period of six years ; 19908 and five thousand dollars in the same month of each of the five 19909 years next succeeding the last-named four years. And as the 1^910 Kickapoos will remove to a new home, and will, therefore, 19911 require the principal portion of the annual payments for several 19912 years to aid in building houses, in breaking and fencing land, 19913 in buying stock, agricultural implements, and other articles 19914 needful for their comfort and civilization, it is understood that 19915 such portion of said annual payments as may be necessary will 19916 be appropriated to and expended for such purposes. 19917 Article 3. The President may cause to be surveyed, in 19918 ' the same manner in which the public lands are surveyed, the 19919 reservation herein provided for the Kickapoos ; and may assign 19920 to each person, or family, desiring it, such quantity of land as, 19921 in his opinion, will be sufftcient for such person, or family, with 19922 the understanding that he, or they, will occupy, improve, and 19923 cultivate the same, and comply with such other conditions as 19924 the President may prescribe. The land thus assigned may here- 19925 after be confirmed by patent to the parties, or their representa- 19926 tives, under such regulations and restrictions as Congress may 19927 impose. 19928 -Article 4. It is agreed that the United States shall pay 19929 to such of the Kickapoos as have improvement upon the lands 19930 hereby ceded a fair compensation for the same — the value to be 19931 ascertained in such mode as shall be prescribed by the Presi- 19932 dent. 19933 Article 5. The debts of Indians contracted in their private 19934 dealings as individuals, whether to traders or others, shall not 19935 be paid out of the general fund. 19936 Article 6. It is the desire of the Kickapoo Indians that 19937 their faithful friend and interpreter, Peter Cadue, should have a 19938 home provided for him and his family. It is therefore agreed 19939 that there shall -be assigned to him a tract of land equal to one 19940 section, to be taken from the legal subdivisions of the surveyed 19941 land, and to include his present residence and improvement on 19942 Cadue's Creek, and the President is authorized to issue a patent 19943 to him for the same. 19944 Article 7^ It is agreed that all roads and highways laid 19945 out by authority of law shall have right of way through the 19946 reservation on the same terms as are provided by law when 447 199d:7 roads and higliways are made througli lands of citizens of the 19948 United States ; and railroad companies, when the lines of their 19949 roads necessarily pass through the lands of the Kickapoos, shall 19950 have right of way on the payment of a fair compensation there- 19951 for in money. 19952 Aeticle'8. The'_Kickapoos release the United States from 19953 all claims or demands, of any kind whatsoever, arising, or which 19954 may hereafter arise, under former treaties, and agree, within 19955 twelve months after the ratification of this instrument, to remove 19956 and subsist themselves, without cost to the United States ; in 19957 consideration of which release and agreement the United States 19958 agree to pay them the sum of twenty thousand dollars. 19959 Article 9. The Kickapoos promise to use their best efforts 19960 to prevent the introduction and use of ardent spirits in their 19961 country, to encourage industry, thrift, and morality, and by every 19962 possible means to promote their advancement in civilization. 19963 They desire to be at peace with all men, and therefore bind them- 19964 selves to commit no depredation or wrong upon Indians or citi- 19965 zens, and whenever difficulties arise to abide by the laws of the 19966 United States in such cases made and provided, as they expect 19967 to be protected and to have their own rights vindicated by them. 19968 Article 10. The object of these articles of agreement and 19969 convention being to advance the true interests of the Kickapoo 19970 people, it is agreed, should;they prove insufticient, from causes 19971 which cannot now be foreseen, to eifect these ends, that the 19972 President may, by and with the advice and consent of the Sen- 19973 ate, adopt such policy in the management of their aifairs as in 19974 his judgment may be most beneficial to them ; or Congress may 19975 hereafter make such provision by law as experience shall prove 19976 to be necessary. 19977 Article 11. This instrument shall be obligatory on the con- 19978 tracting parties whenever the same shall be ratified by the Presi- 19979 dent and the Senate of the United States. 19980 Proclaimed July 17, 1854. 19981 Treaty ieticeeii the United States of America and the KicJcapoo 19982 tribe of Indians, concluded June 28, 1862 ; ratification ad- 19983 vised, with amendment, ly Senate, March 13, 1863; amend- 19984 ment accepted May 5, 1863. 19985 Abraham Lincoln, President of the United States of America , 19986 to all and singular to whom these presents shall come, 19987 greeting : 19988 Whereas a treaty was made and concluded at the agency 19989 of the Kickapoo tribe of Indians, on the twenty-eighth day of 448 19990 June, in the year of our Lord one tbousand eight hundred find 19991 sixty-two, by and between Charles B. Keith, commissioner, on 19992 the part of the United States, and the hereinafter-named chiefs, 19993 head-men, and delegates of the Kickapoo Indians, for and on 19994 behalf of said Indians, and duly authorized thereto by them, 19995 which treaty is in the words and figures following, to wit : 19996 Articles of a treaty made and concluded at the agency of the 19997 Kickapoo tribe of Indians, on the 28th day of June, in the 19998 year of our Lord one thousand eight hundred and sixty- 19999 two, by and between Charles B. Keith, commissioner, on the 20000 part of the United States, and the undersigned chiefs, head- 20001 men, and delegates of the Kickai)oo lifation, on behalf of 20002 said nation. 20003 Akticle 1. The Kickapoo tribe of Indians, believing that it 20004 will contribute to the civilization of their people to dispose of a por- 20005 tion of their present reservation in Kansas, consisting of one hun- 20006 dred and fifty thousand acres of land, to allot land in severalty to 20007 those members of said tribe who desire to have separate tracts of 20008 lands, and have adopted the customs of the whites, and to set 20009 apart for the others of said tribe a portion of said reserva- 20010 tion, to be held by them in common, or (if a majority of them so 20011 elect) provide for them a suitable home elsewhere, to be held by 20012 them in common, it is therefore hereby agreed that the Secre- 20013 tary of the Interior shall cause the whole of said reservation to 20014 be surveyed in the same manner as the public lands are surveyed, 20015 and the quantity of land hereinafter mentioned to be set apart 20016 to those of said tribe who desire to have their land in severalty ; 20017 and, if so elected by a majority of the others of said tribe, the 20018 quantity of land hereinafter mentioned to be by such others 20019 held in common, and the remainder of the land, after the special 20020 reservations hereinafter provided for shall have been made, to 20021 be sold for the benefit of said tribe. 20022 Article 2. It shall be the duty of the Secretary of the In- 20023 terior to cause to be made an accurate census of all the mem- 20024 bers of the tribe, and to classify them in separate lists, showing 20025 the names, ages, and numbers of those desiring lands in sever- 20026 alty, and of those desiring lands in common, designating chiefs 20027 and heads of families respectively ; each adult choosing for him- 20028 self or herself, and each head of a family for the minor children 20029 of such family, and the agent for orphans and persons of an un- 20030 sound mind and otherwise incompetent, as to which of these 20031 classes they will belong.' And thereupon shall be assigned, 20032 under the direction of the Commissioner of Indian Affairs, to 20033 each chief, at the signing of the treaty, one half section ; to 20034 each other head of a family, one quarter section ; and to each 20035 other person forty acres of land ; to include in every case as far 449 20036 as practicable, to each family, their improvements and a rgasoii- 20037 able portion of timber, to be selected according to the legal sub- 20038 division of survey. When such assignments shall have been 20039 completed, certificates shall be issued by the Commissioner of 20040 Indian Affairs for the tracts assigned in severalty, specifying 20041 the names of the individuals to whom they have been assigned 20042 respectively, and that said tracts are set apart for the perpetual 20043 and exclusive use and benefit of such assignees and their heirs. 20044 Until otherwise provided by law, such tracts shall be exempt 20045 from levy, taxation, or sale, and shall be alienable in fee, or 20046 leased, or otherwise disposed of only to the United States, or to 20047 persons then being members of the Kickapoo tribe, and of In- 20048 dian blood, with the permission of the President, and under 20049 such rules and regulations as the Secretary of the Interior shall 20050 provide, except' as may be hereinafter provided. And on re- 20051 ceipt of such certificates, the person[s] to whom they are issued 20052 shall be deemed to have relinquished all right to any portion of 20053 the lands assigned to others in severalty, or to a portion of the 20054 tribe in common, and to the proceeds of sale of the same wheu- 20055 soever made. 20056 Article 3. At any time hereafter, when the President of 20057 the United States shall have become satisfied that any adults, 20058 being males and heads of families, who may be allottees under 20059 the provision of the foregoing article, are sufiiciently intelligent 20060 and prudent to control their affairs and interests, he may, 20061 at the request of such persons, cause the land severally held by 20062 them to be conveyed to them by patent in fee-simple, with 20063 power of alienation ; and may, at the same time, cause to be set 20064 apart and placed to their credit severally, their proportion of 20065 the cash value of the credits of the tribe, principal and interest} 20066 then held in trust by the United States, and also, as the same 20067 may be received, their proportion of the proceeds of the sale of 20068 lands under the provisions of this treaty. And on such patents 20069 being issued, and such paymfents ordered to be made by the 20070 President, such competent persons shall cease to be members 20071 of said tribe, and shall become citizens of the United States ; 20072 and thereafter the lands so patented to them shall be subject to 20073 levy, taxation, and sale, in like manner with the property of 20074 other citizens : Provided, That before making any such applica- 20075 tion to the President, they shall appear in open court, in the 20076 district court of the United States for the district of Kansas, 20077 and make the same proof and take the same oath of allegiance 20078 as is provided by law for the naturalization of aliens ; and shall 20079 also make proof, to the satisfaction of said court, that they are 20080 sufhciently intelligent and prudent to control their affairs and 20081 interests ; that they have adopted the habits of civilized life, 57 IT 450 20082 and have been able to support, foi- at least five years, themselves 20083 and families. 20084 Aktiole 4. To those members of said tribe who desire to 20085 hold their lands in common, there shall be set apart from the 20086 present reservation of the tribe an undivided quantity sufficient 20087 to allow one half section to each chief, one quarter section to 20088 each other head of a family, and forty acres to each other per- 20089 son ; and said land shall be held by that portion of the tribe for 20090 whom it is set apart by the same tenure as the whole reserve 20091 has been held by all of said tribe under the treaty of 1854. And 20092 upon such land being assigned in common, the persons to whom 20093 it is assigned shall be held to have relinquished all title to lands 20094 assigned in severalty, and in the proceeds of sales thereof when - 20095 ever made ; or should a majority of the adult males of said class 20096 decide to remove to the Indian country' south of Kansas, then, 20097 and in that case, their new home shall not be limited to the 20098 quantity above designated, but shall be as large as can be pur- 20099 chased with the proceeds of the sale of the tract to which they 20100 would have been entitled had they determined to remain upon 20101 the present reservation, computing the same at the rate of at 20102 least one dollar and twenty-five cents per acre : Provided, That 20103 the purchase of such new home shall be made by the Commis- 20104 sioner of Indian Affairs, under the direction of the Secretary oi 20105 the Interior, and at such locality within said Indian country as 20106 he may select : And provided also, That such new home shall be 20107 purchased and the Indians entitled removed thereto, at the cost 20108 of the United States, within the period of two years after the 20109 completion of the surveys herein provided for. And such Indi- 20110 ans shall be entitled to the benefits of their full proportionate 20111 share of all assets belonging to said tribe, in the same manner 20112 that they would have been entitled had such removal not been 20113 made. 20114 Article 5. The Kickapoo tribe of Indians, entertaining 20115 the opinion that it is the desire of the Government and the 20116 people of the United States to extend railroad communication 20117 as far west as possible in the shortest possible time, and eliev- 20118 ing that it will greatly enhance the value of their lands reserved 20119 in severalty by having a railroad built, connecting with the 20120 eastern railroads running from the city of Atchison, in the State 20121 of Kansas, westerly in the direction of the gold mines in Colora- 20122 do Territory 5 and entertaining the opinion that the Atchisoft 20123 and Pike's Peak Eailroad Company, incorporated by an act of 20124 the legislative assembly of the Territory of Kansas approved 20125 February 11, 1859, has advantages for travel and transportatioa 20126 over all other companies, it is therefore provided that the Atch- 20127 ison and Pike's Peak Eailroad Company shall have the privi- 451 20128 lege of buying the remainder of their land within six months 20129 after the tracts herein otherwise disposed of shall have been 20130 selected and set apart, provided said railroad company purchase 20131 the whole of such surplus lands at the rate of one dollar and 20133 twenty-five cents per acre ; and when the selections shall have 20133 been made and assigned as aforesaid, it shall be the duty of the 20134 Commissioner of Indian Affairs to notify the president of said 20135 railroad company thereof ; and if said railroad company signi- 20136 fles its consent to purchase said surplus lands within sixty days 20137 thereafter, and shall make, execute, and deliver to the Secreta- 20138 ry of the Interior the bonds of the said company in a penal sum 20139 equal to double the value of said surplus lands, as heretofore 20140 ascertained, with the condition that the said bonds shall become 20141 void whenever the said company shall comply with the condi- 20142 tions of the treaty, the Secretary of the Interior shall issue to 20143 said railroad company certificates of purchase, and such certifl- 20144 cates shall be deemed and held in all courts as evidence of the 20145 right of possession in said railroad company to all or any part 20146 of said lands, unless the same shall be forfeited as hereinafter 20147 provided. And if said railroad company make such purchase, 20148 it shall be subject to the following considerations, viz : They 20149 shall construct and fully equip a good and efUcieut railroad 20150 from the city of Atchison, in the State of Kansas, westerly, 20151 within six years, and as follows: The first section of fifteen 20152 miles of said road to be completed within three years from the 20153 date of said purchase, and the second section to a point as far 20154 west as the western boundary of said reservation within three 20155 years thereafter ; and no patent or patents shall issue to said 50156 company or its assigns for any portion of said lands until the 20157 first section of said road shall be completed, and then for not 20158 more than one-half of said lands ; and no patent or patents shall 20159 issue to said company or its assigns for any of the remaining 20160 portion of said lands until said second section of said railroad 20161 shall be completed as aforesaid ; and before any patents shall 20162 issue for any part of said lauds, payments shall be made for the 20163 lands to be patented at the rate of one dollar and twenty-five 20164 cents per acre. And said company shall pay the whole amount 20165 of the purchase-money for said lands in the securities of the 20166 United States to the Secretary of the Interior, in trust for said 20167 Kickapoo tribe of Indians, within six years from the date of 20168 such purchase; and when so paid the president is authorized 20109 hereby to issue patents therefor. Said company shall, in like 20170 manner, pay to the Soci'etary of the Interior, in trust as afore- 20171 said, each and every year, until the whole purchase-money shall 20172 have been paid, interest from date of purchase, at six per cent. 20173 per annum, on all the purchase-money remaining unpaid. Said 452 20174 interest, and the interest due on the purchase-money after it is 20175 paid to the United States, shall be held in trust and paid to said 20176 Indians on the first day of April of each and every year ; and in 20177 ten years from the ratification of this treaty there shall be paid 20178 by the United States to said tribe of Indians ten thousand dol- 20179 lars, as their first instalment upon the amount of said purchase- 20180 money, and ten thousand dollars each and every year thereafter 20181 until all is paid. 20182 Article 6. In case said railroad company shall fail to com - 20183 plete either section of said railroad in a good and efficient man- 20184 ner, or shall fail to pay the whole of the purchase-money for 20185 said lands within the time herein prescribed, or shall fail to pay 20186 all or any part of the interest upon the same each year as 20187 aforesaid, within thirty days from the date when such payment 20188 of interest may fall due, then the contract or purchase shall be 20189 deemed and held absolutely null and void, if the Secretary of the 20190 Interior shall so determine, and said company or its assigns 20191 shall forfeit all payments of principal and interest made on such 20192 purchase, and all right and title, legal and equitable, of any 20193 kind whatsoever, in and to all and every part of said lands which 20194 shall not have been before the date of such forfeiture earned 20195 and paid for pursuant to the isrovisions of this treaty. And 20196 whenever any patents shall issue to said railroad company for 20197 any part of said lands, it shall contain the condition that the 20198 said company shall sell the lands described in such patent, ex- 20199 cept so much as shall be necessary for the working of the road, 20200 within five years from the issuing of such patent. And said 20201 company shall have the perpetual right of way over the lands of 20202 the Kickapoos not sold to it for the construction and operation . 20203 of said railroad, not exceeding one hundred feet in width, and 20204 the right to enter on said lands and take and use such gravel, 20205 stone, earth, water, and other material, except timber, as may 20206 be necessary for the construction and operation of the said road , 20207 making compensation for any damages to improvements caused 20208 by obtaining such material, and for any damages arising from 20209 the location or running of said road, to improvements made be- 20210 fore the road was located ; such damages and compensation, in 20211 cases where said company and the persons whose improvements 20212 are injured or the property taken cannot agree, to be ascertained 20213 and adjusted under the direction of the Commissioner of Indian 20214 Affairs. And in case said company shall not promptly i)ay the 20215 amount of such damages and compensation, the Secretary of the 20216 Interior may withhold patents for any part of the lands imr- 20217 chased by them until payment be made of the amount of such 20218 damages, with six per cent, interest thereon from the date when 20219 the same, not including improvements, shall have been ascer- 453 20220 tained and demanded ; and in case said company shall not pur- 20221 chase said surplus lands, or having purchased, shall forfeit the 20222 whole or any part thereof, the Secretary of the Interior shall 20223 thereupon cause the same to be appraised at not less than one 20224 dollar and twenty-five cents per acre, and shall sell the same in 20225 quantities not exceeding one hundred and sixty acres at .auction, 20226 to the highest bidder for cash, at not less than [the] appraised 20227 value : Provided, however, In case any of said lands have been 20228 conveyed to bona-flde purchasers by said railroad company, such 20229 purchasers shall be entitled to a patent for said lands so pur- 20230 chased by them on payment to the United States in trust for 20231 said Kicliapoos of the appraised value thereof, (exclusive of their 20232 improvements,) and not less than one dollar and twenty-five 20233 cents per acre therefor, under such rules and regulations as may 20234 be prescribed by the Secretary of the Interior. On the purchase 20235 of said lands by the said railroad company the same shall be- 20236 come a part of the State of Kansas, but none of said lands shall 20237 be subject to taxation until the patents have been issued there- 20238 for. 20239 Article 7. Stricken out. 20240 Article 8. Stricken out. 20241 Article 9. Stricken out. 20242 Article 10. Whereas some years since a portion of the 20243 Kickapoos went down among the Southern Indians, and there 20244 is reason to believe that but few, if any, of them will ever return, 20245 and they having been notified of the provisions of this treaty, 2024G it is hereby agreed that they shall receive no benefits arising 20247 therefrom, unless they return to the present reservation of the 20248 Kickapoos within one year from the ratification of this treaty, 20249 in which case it is hereby agreed that forty acres each be al- 20250 lotted to them, with the understanding that they will occupy, 20251 improve, and cultivate the same, and in every respect to be 20252 governed by the same rules and regulations as is prescribed for 20253 the government of the lands reserved by the preceding arti- 20254 cles. 20255 Article 11. There shall be reserved six hundred and forty 20256 acres of land to be selected by the chiefs of said tribe of Kick- 20257 apoos as a site for a saw and grist mill, three hundred and 20258 twenty acres where the mission-house now is, and one hundred 20259 and sixty acres where the house built for the agency now is, 20260 which, with the improvements thereupon, shall be disposed of 20261 when the objects for which they have been reserved shall have 20262 been accomplished, in such a manner and for such purposes as 20263 may be provided bj' law. 20264 Article 12. Stricken out. 20265 Article 13. Inasmuch as it was provided by the treaty 454 20266 between the United States and said Kiokapoos, entered into on 20267 the 18th day of May, A. D. 1854, proclaimed July 17, 1854, that 20268 the President may cause to be surveyed, in the same manner 20269 that the public lands are surveyed, the reservation provided for 20270 the Kickapoos, it is agreed that the expense of said surveys 20271 shall be paid by the United States out of the proceeds of sales 20272 of said lands, and all expenses incident to the negotiation and 20273 execution of this treaty, and not otherwise provided for, shall be 20274 defrayed by the Kickapoos; the same to be deducted from any 20275 funds applicable to that purpose now or hereafter held for them 2027G in trust by the UnitedStates. 20277 Aetiole 14. It is further agreed that all rights, title, and 20278 interest of the Kickapoos in their present reservation shall 20279 cease, and the same is hereby ceded to and vested in the United 20280 States, subject to the limitations and for the purposes herein ex- 20281 pressed' and provided for. 20282 Article 15. Any stipulation in former treaties inconsistent 20283 with those embraced in the foregoing articles shall be of no 20284 force or effect. 20285 Article 16. Should the Senate reject or amend any of the 20286 foregoing articles, such rejection or amendment shall not affect 20287 the other provisions of this treaty, but the same shall go into 20288 effect when ratified and approved. 20289 Proclaimed May 28, 1863. 20290 KIOKAPOOS OF THE VBRMILLIOISr. 20291 A treaty made and concluded by Benjamin Parlce, a commissioner 20292 on the part of the United States of America, of the one part, 20293 and the chiefs, ivarriors, and head-men of the tribe of Kicka- 20294 poos of the Vermilion, of the other part. 20295 Article 1. The chiefs, warriors, and head-men of the said 20296 tribe agree to cede, and hereby relinquish, to the United States, 20297 all the lands which the said tribe has heretofore possessed, or 20298 which they may rightfully claim, on the Wabash Elver, or any 20299 of its waters. 20300 Article 2. And to the end that the United States may be 20301 enabled to fix with the other Indian tribes a boundary between 20302 their respective claims, the chiefs, warriors, and head-men of 20303 the said tribe do hereby declare that their rightfuU claim is as 20304 follows, viz : Beginning at the northwest corner of the Vin- 20305 cennes tract ; thence westwardly, by the boundary established 20306 by a treaty with the Piankeshaws on the thirtieth day of De- 455 20307 cember, eighteen hundred and five, to the dividing ridge be- 20308 tween the waters of the Embarras and the Little Wabash; 20309 thence by the said ridge to the source of the Vermilion Eiver ; 20310 thence by the same ridge to the head of Pine Creek ; thence by 20311 the said creek to the Wabash Eiver ; thence by the said river 20312 to the mouth of the Vermilion Eiver; and thence by the Ver- 20313 milion, and the boundary heretofore established, to the jjlace of 20314 beginning. 20315 Article 3. The said chiefs, warriors, and head-men of the 20316 said tribe agree to relinquish, and they do hereby exonerate and 20317 discharge the United States from, the annuity of one thousand 20318 dollars, to which they are now entitled. In consideration 20319 whereof, and of the cession hereby made, the United States 20320 agree to pay the said tribe two thousand dollars annually, in 20321 specie, for ten years; which, together with three thousand dol- 20322 lars now delivered, is to be considered a full compensation for 20323 the cession hereby made, as also of all annuities, or other 20324 claims of the said tribe against the United States by virtue ot 20325 any treaty with the said United States. 20326 Article 4. As the said tribe contemplate removing from 20327 the country they now occupy, the annuity herein provided for 20328 shall be paid at such place as may be hereinafter agreed upon 20329 between the United States and said tribe. 20330 Article 5. This treaty, after the same shall be ratified by 20331 the President and Senate of the United States, shall be binding 20332 on the contracting parties. 20333 Proclaimed May 10, 1820. 20334 Articles of a convention made and concluded between Benjamin 20335 ParTce, a commissioner on the part of the United States for 20336 that jturpose, of the one part, and the chiefs, ivarriors, and 20337 head-men of the tribe of Kichapoos of the Vermilion, of the 20338 other part. 20339 Article 1. It is agreed that the annuity secured to the 20340 said tribe by the treaty of the thirtieth of August, eighteen 20341 hundred and nineteen, shall hereafter be paid to the said tribe 20342 at Kaskaskias, in the State of Illinois. 20343 Article 2. As the said tribe are now about leaving their 20344 settlements on the Wabash, and have desired some assistance 20345 to enable them to'remove, the said Benjamin Parke, on behalf 20346 of the United States, has paid and advanced to the said tribe 20347 two thousand dollars, the receipt whereof is hereby acknowl- 20348 edged ; which said sum of two thousand dollars is to be consid- 20349 ered as an equivalent, in full, for the annuity due the said tribe 20350 by virtue of the aforesaid treaty, for the year eighteen hundred 20351 and twenty-one. 20352 Proclaimed January 8 1821. 466 20353 KIOWAS, KATAKAS, ETC. 20354 Treaty with the Kioway, Ka-ta-lca, and Ta-wa-lm-ro Nations of 20355 Indians. 20356 Whereas a treaty of peace and friendship was made and 20357 signed on the 24th day of August, 1835, between Montfort Stokes 20358 and Brigadier-General Matthew Arbuckle, commissioners on be- 20359 half of the United States, on the one part, and the chiefs, and 20360 head-men, and representatives of the Comanche, Witchetaw, 20361 Cherokee, Muscogee, Choctaw, Osage, Seneca, and Quapaw 20362 Nations or tribes of Indians, on the other part ; and 20363 Whereas the said treaty has been duly ratified by the Gov- 20364 ernment of the United States, now know all whom it may con- 20365 cern, that the President of the United States, by letter of ap- 20366 pointment and instructions of the 7th day of April, 1837, has 20367 authorised Colonel A. P. Chouteau to make a convention or 20368 treaty between the United States and any of the nations or 20369 tribes of Indians of the Great Western Prairie, we the said 20370 Montfort Stokes and A. P. Chouteau, commissioners of Indian 20371 treaties, bave this day made and concluded a treaty of peace 20372 and friendship between the United States of America and the 20373 chiefs, head-men, and representatives of the Kioway, Ka-ta-ka, 20374 and Ta-wa-ka-ro JSTations of Indians on the following terms and 20375 conditions, that is to say : 20376 Article 1. There shall be perpetual peace and friendship 20377 between all the citizens of the United States of America and 20378 all the individuals composing the Kioway, Ka-ta-ka, and Ta-wa- 20379 ka-ro Nations, and their associated bands or tribes of Indians 20380 and between these nations or tribes and the Muscogee and 20381 Osage Nations or tribes of Indians. 20382 Article 2. Every injury, or act of hostility by one or either 20383 of the contracting parties on the other, shall be mutually for- 20384 given and forever forgot. 20385 ^ Article 3. There shall be a free and friendly intercourse 20386 between all the contracting parties hereto ; and it is distinctly 20387 understood and agreed by the Kioway, Ka-ta-ka, and Ta-wa-ka- 20388 ro Nations, and their associated bands or tribes of Indians, that 20389 the citizens of the United States are freely permitted to iiass and 20390 repass through their settlements or hunting-ground without mo- 20391 lestation or injury, on their way to any of the provinces of the ■20392 republics of Mexico or Texas, or returning therefrom, and that 20393 the nations or tribes named in this article further agree to pay 20394 the full value of any injury their people may do to the goods or 20395 property of the citizens of the United States, taken or destroyed 457 2039G when peaceably passing through the country they inhabit or 20397 hunt in, or elsewhere. And the United States hereby guarantee 20398 to any Indian or Indians of the Kioway, Ka-ta-ka and Ta-wa- 20399 ka-ro Nations, and their associated bands or tribes of Indians, a 20400 full indemnification for any horses or other propercy which may 20401 be stolen from them. Provided, That the property so stolen can- 20402 not be recovered, and that sufficient proof is produced that it 20403 was actually stolen by a citizen of the United States, and within 20404 the limits thereof. 20405 Article 4. It is understood and agreed by all the nations 20406 or tribes of Indians, parties to this treaty, that each and all of 20407 the said nations or tribes have free permission to hunt and trap 20408 in the Great Prairie west of the Cross Timber to the western 20409 limits of the United States. 20410 Article 5. The Kioway, Ka-ta-ka, and Ta-waka-ro ^STations 20411 and their associated bands or tribes of Indians agree and bind 20412 themselves to pay full value for any injury their people may do 20413 to the goods or other property of such traders as the President 20414 of the United States may place near to their settlements or hunt- 20415 ing-ground for the purpose of trading with them. 20416 Article 6. The Kioway, Ka-ta-ka, andTa-wa-ka-ro]!fations 20417 and their associated bands or tribes of Indians agree that, in 20418 the event any of the red people belonging to the nations or tribes 20419 of Indians residing south of the Missouri Eiver, and west of the 20420 States of Missouri and Arkansas, not parties to this treaty, should 20421 visit their towns, or be found on their hunting-ground, that they 20422 will treat them with kindness and friendship, and do no injury 20423 to them in any way whatever. 20424 Article 7. Should any difficulty hereafter unfortunately 20425 arise between any of the nations or tribes of Indians, parties 20426 hereunto, in consequence of murder, the stealing of horses, cat- 20427 tie, or other cause, it is agreed that the other tribes shall inter- 20428 pose their good of&ces to remove sucli difficulties; and also that 20429 the Government of the United States may take such measures 20430 as they may deem j)roper to effect the same object, and see that 20431 full justice is done to the injured party. 20432 Article 8. It is agreed by the commissioners of the United 20433 States that in consequence of the Kioway, Ka-ta-ka, and Ta-wa- 20434 ka-ro Nations and their associated bands or tribes of Indians, 20435 having freely and willingly entered into this treaty, and it being 20436 the first they have made with the United States, or any of the 20437 contracting parties, that they shall receive presents immediately 20438 after signing, as a donation from the United States ; nothing 20439 being asked from the said nations or tribes in return, except to 20440 remain at peace with the parties hereto, which their own good 20441 and that of their posterity require. 58 I T 458 20442 AIITICLE9. The Kioway,Ka-ta-ka, and Ta-wa-ka-ro Nations, 20443 and their associated bands or tribes of Indians, agree that their 20444 entering into this treaty shall in no respect interrupt their 20445 friendly relations with the republics of Mexico and Texas, 20446 -where they all frequently hunt, and the Kioway, Ka-ta-ka, and 20447 Ta-wa-ka-ro Nations sometimes Tisit ; and it is distinctly under- 20448 stood that the Government of the United States desire that 20449 perfect peace shall exist between the nations or tribes named in 20450 this article, and the said republics. 20451 Article 10.' This treaty shall be obligatory on the nations 20452 or tribes, parties hereto, from and after the date hereof, and on 20453 the United States, from and after its ratification by the Govern - 20454 ment thereof. 20455 Proclaimed February 21, 1838. 20456 MAHAS; . 20457 A treaty of peace and friendship, made and concluded between 20458 William Clarlc, Ninian Edwards, and Auguste Chouteau, 20459 commissioners plenipotentiary of the United States of Amer- 20460 ica, on the part and behalf of the said States, of the one part, 20461 and the chiefs and warriors of the MaJias, on the part and 20462 behalf of said tribe or nation, of the other part. 20463 The parties being desirous of re-establishing peace and 20464 friendship between the United States and the said tribe or 20465 nation, and of being placed in all things, and in every respect, 20466 on the same footing upon which they stood before the late war 20467 between the United States and Great Britain, have agreed to 20468 the following articles : 20469 Article 1. Every injury or act of hostility committed by 20470 one or either of the contracting parties against the other, shall 20471 be mutually forgiven and forgot. 20472 Article 2. There shall be perpetual peace and friendship 20473 between all the citizens of the United States of America and 20474 all the individuals composing the tribe or nation of the Mahas, 20475 and all friendly relations that existed between them before the 20476 war, shall be, and the same are hereby, renewed. 20477 Articles. The undersigned chiefs and warriors, for them - 20478 selves and their said tribe or nation, do hereby acknowledge 20479 themselves and their tribe or nation to be under the protection 20480 of the United States, and of no other nation, power, or sov- 20481 ereign, whatsoever. 20482 Eatifled December 26, 1815. 459 20483 For the purpose of perpetuating the friendship which has 20484 heretofore existed, as also to remove all future cause of discus- 20485 sion or dissention, as it respects trade and friendship between 20486 the United States and their citizens, and the Maha tribe of 20487 Indians, the President of the United States of America, by 20488 Brigadier-General Henry Atkinson, of the United States Army, 20489 and Major Benjamin O-Pallon, Indian agent, with full powers 20490 and authority, specially appointed and commissioned for that 20491 purpose, of the one part, and the undersigned chiefs, head- 20492 men, and warriors of the said Maha tribe of Indians, on be- 20493 half of their tribe, of the other part, have made and entered 20494 into the following articles and conditions, which, when ratified 20495 by the President of the United States, by and with the advice 20496 and consent of the Senate, shall be binding on both parties, 20497 to wit : 20498 Article 1. It is admitted by the Maha tribe of Indians 20499 that they reside within the territorial limits of the United States, 20500 acknowledge their supreioacy, and claim their protection. The 20501 said tribe also admit the right of the United States to regulate 20502 all trade and intercourse with them. 20503 Article 2. The United States agree to receive the Maha 20504 tribe of Indians into their friendship, and under their protection, 20505 and to extend to them, from time to time, such benefits and acts 20506 of kindness as may be convenient and seem just and proper to 20507 the President of the United States. 20508 Article 3. All trade and intercourse with the Maha tribe 20509 shall be transacted at such place or places as maybe designated 20510 and pointed out by the President of the United States, through 20511 his agents ; and none but American citazens, duly authorized by 20512 the United States, shall be admitted to trade or hold intercourse 20513 with said tribe of Indians. 20514 Article 4. That the Maha tribe may be accommodated 20515 with such articles of merchandize, &c., as their necessaties may 20516 demand, the United States agree to admit and licence traders 20517 to hold intercourse with said tribe, under mild and equitable regu- 20518 lations; in consideration of which theMahatribebind themselves 20519 to extend protection to the persons and the property of the traders, 20520 and the persons legally employed under them, whilst they remain 20521 within the limits of their particnlar district of country. And 20522 the said Maha tribe further agree, that if any foreigner, or other 20523 person not legally authorized by the United States, shall come 20524 into their district of country, for the purposes of trade or other 20525 views, they will apprehend such person or persons, and deliver 20526 him or them to some United States superintendent or agent of 20527 Indian affairs, or to the commandant of the nearest military 460 20528 post, to be dealt with according to law. And they further agree 20529 to give safe conduct to all persons who may be legally authorized 20530 by the United States to pass through their country ; and to pro- 20531 tect in theirpersons and property all agents or other persons sent 20532 by the United States to reside temporarily among them ; nor 20533 will they, whilst on their distant excursions, molest or interrupt 20534 any American citizen or citizens who may be passing from the 20535 United States to New Mexico, or returning from thence to the 20536 United States. 20537 Article 5, That the friendship which is now established 20538 between the United States and th e Maha tribe should not be 20539 interrupted by the misconduct of individuals, it is hereby agreed 20540 that for injuries done by individuals, no private revenge or retal- 20541 iation shall take place, but instead thereof, complaints shall be 20542 made by the party injured, to the superintendent or agent of 20543 Indian affairs, or other person appointed by the President ; and 20544 it shall be the duty of said chiefs, upon complaint being made 20545 as aforesaid, to deliver up the person or persons against whom 20546 the complaint is made, to the end that he or they may be pun- 20547 ished agreeably to the laws of the United States. And, in like 20548 manner, if any robbery, violence, or murder shall be committed 20549 on any Indian or Indians belonging to said tribe, the person or 20550 persons so offending shall be tried, and if found guilty shall be 20551 punished in like manner as if the injury had been done to a white 20552 man. And it is agreed that the chiefs of said Maha tribe shall) 20553 to the utmost of their power, exert themselves to recover horses 20554 or other property which may be stolen or taken from any citizen 20555 or citizens of the United States, by any individual or individuals 20556 of said tribe ; and the property so recovered shall be forthwith 20557 delivered to the agents or other person authorized to receive it, 20558 that it may be restored to the proper owner. And the United 20559 States hereby guarranty to any Indian or Indians of said tribe 20560 a full indemnification for any horses or other jiroperty which may 20561 be stolen from them by any of their citizens : Provided, That 20562 the property stolen cannot be recovered, and that sufficient proof 20563 is produced that it was actually stolen by a citizen of the United 20564 States. And the said Maha tribe engage, on the requisition or 20365 demand of the President of the United States, or of the agentsi 20566 to deliver up any white man resident among them. 20567 Article 6. And the chiefs and warriors, as aforesaid, prom- 20568 ise and engage that their tribe will never, by sale, exchange, or 20569 as presents, supply any nation, tribe, or band of Indians, not in 20570 amity with the United States, with guns, ammunition, or other 20571 implements of war. 20572 Proclaimed February 6, 1826. 461 20573 MAKAHS. 20574 Treaty between the United States of America and the Makha tribe of 20575 Indians ; concluded at Neah Bay, Washington Territory, Jan- 20576 ^lary 31, 1855 ; ratified by the Senate, March 8, 1829. 20577 James Buchanan, President of the United States of America, 20578 to all and singular to whom these presents shall come, greet- 20579 ing : 20580 Whereas a treaty was made and concluded at Neah Bay, in 20581 the Territory of Washington, on the thirty-first day of January, 20582 eighteen hundred and flfty-flve, between Isaac I. Stevens, gov- 20583 ernor and superintendent of Indian affairs for said Territory, on 20584 the part of the United States, and the hereiuafter-named chiefs; 20585 head-men, and delegates of the several villages of the Makah 20686 tribe of Indians, viz: Neah Waatch,Tsoo-Yess, and Osett, occu- 20587 pying the country around Cape Classett or Flattery, on behalf 20588 of the said tribe and duly authorized by the same; which treaty 20589 is in the words and figures following, to wit : 20590 Articles of agreement and convention, made and concluded at 20591 Neah Bay, in the Territory of Washington, this thirty-first 20592 day of January, in the year eighteen hundred and fifty-five, 20593 by Isaac I. Stevens, governor and superintendent of Indian 20594 affairs for the said Territory, on the part of the United 20595 States, and the undersigned chiefs, head-men, and delegates 20596 of the several villages of the Makah tribe of Indians, viz : 20597 Neah Waatch, Tsoo-Yess, and Osett, occupying the country 20598 around Cape Classett or Flattery, on behalf of the said 20599 tribe and duly authorized by the same. 20600 Article 1. The said tribe hereby cedes, relinquishes, and 20601 conveys to the United States all their right, title, and interest 20602 in and to the lands and country occupied by it, bounded and 20603 described as follows, viz: Commencing at the mouth of the 20604 Oke-ho Eiver, on the Straits of Fuca; thence running west- 20605 wardly with said straits to Cape Classett or Flattery ; thence 20606 southwardly along the coast to Osett, or the Lower Cape Flat- 20607 tery ; thence eastwardly along the line of lands occupied by the 20608 Kwe-d6h-tut or Kwill-eh-yute tribe of Indians, to the summit of 20609 the coast-range of mountains, and thence northwardly along the 20610 line of lands lately ceded to the United States by the S'Klallam 20611 tribe to the place of beginning, including all the islands lying 20612 off the same on the straits and coast. 20613 Article 2. There is, however, reserved for the present use 20614 and occupation of the said tribe the following tract of land, viz : 20615 Commencing on the beach at the mouth of a small brook 462 20616 running into Neah Bay next to the site of the old Spanish fort ; 20617 thence along the shore round Cape Olassett or Flattery, to the 20618 mouth of another small stream running into the bay on the 20619 south side of said cape, a little above the Waatch village; 20620 thence following said brook to its source ; thence in a straight 20621 line to the source of the first-mentioned brook, and thence fol- 20622 lowing the same down to the place of beginning ; which said 20623 tract shall be set apart, and so tar as necessary surveyed and 20624 marked out for their exclusive use ; nor shall any white man be 20625 permitted to reside upon the same without permission of the 20626 said tribe and of the superintendent or agent; but if necessary 20627 for the public convenience, roads may be run through the said 20628 reservation, the Indians being compensated for any damage 20629 thereby done them. It is, however, understood that should the 20630 President of the United States hereafter see fit to place upon 20631 the said reservation any other friendly tribe or band to occupy 20632 the same in common with those above mentioned, he shall be at 20633 liberty to do so. 20631 Article 3. The said tribe agrees to remove to and settle 20635 upon the said reservation, if required so to do, within one year 20636 after the ratification of this treaty, or sooner, if the means are 20637 furnished them. In the mean time it shall be lawful for them 20638 to reside upon any land not in the actual claim and occupation 20639 of citizens of the United States, and upon any land claimed or 20640 occupied, if with the permission of the owner. 20641 Article 4. The right of taking fish and of whaling or seal- 20642 ing at usual and accustomed grounds and stations is further 20643 secured to said Indians in common with all citizens of the 20644 United States, and of erecting temporary houses for the purpose 20645 of curing, together with the privilege of hunting and gathering 20646 roots and berries on open and unclaimed lands : Provided, how- 20647 ever, That they shall not take shell fish from any beds staked or 20648 cultivated by citizens. 20649 Article 5. In consideration of the above cession the 20650 United States agree to pay to the said tribe the sum of thirty 20651 thousand dollars, in the following manner, that is to say : Dur- 20652 ing the first year after the ratification hereof, three thousand 20653 dollars ; for the next two years, twenty-five hundred dollars each 20654 year ; for the next three years, two thousand dollars each year ; 20655 for the next four years, one thousand five hundred dollars each 20656 year ; and for the next ten years, one thousand dollars each 20657 year ; all which said sums of money shall be applied to the use 20658 and benefit of the said Indians, under the direction of the Pres- 20659 ident of the United States, who may, from time to time, deter- 20660 mine, at his discretion, upon what beneficial objects to expend 20661 the same. And the superintendent of Indian affairs, or other 463 20662 proper officer, shall, eacli year, inform tlie President of tlie wishes 20663 of said Indians in respect thereto. 20664 Article 6. To enable the said Indians to remove to and 20665 settle upon their aforesaid reservation, and to clear, fence, and 20666 break up a sufficient quantity of land for cultivation, the United 20667 States further agree to pay the sum of three thousand dollars, to 20668 be laid out and expended under the direction of the President, 20669 and in such manner as he shall approve. And any substantial 20670 improvements heretofore made by any individual Indian, and 20671 which he may be compelled to abandon in consequence of this 20672 treaty, shall be valued under the direction of the President and 20673 payment made therefor accordingly. 20674 Article 7. The President may hereafter, when in his opin- 20676 ion the interests of the Territory shall require, and the welfare 20676 of said Indians be promoted thereby, remove them from said 20677 reservation to such suitable place or places within said Territory 20678 as he may deem fit, on remunerating them for their improve- 20679 ments and the expenses of their removal, or may consolidate 20680 them with other friendly tribes or bands; and he may further, 20681 at his discretion, cause the whole, or any portion of the lands 20682 hereby reserved, or such other land as may be selected in lieu 20683 thereof, to be surveyed into lots, and assign the same to such 20684 individuals or families as are willing to avail themselves of the 20685 privilege, and will locate thereon as a permanent home, on the 20686 same terms and subject to the same regulations as are provided 20687 in the sixth article of the treaty with the Omahas, so far as the 20688 same may be practicable. 20689 Article 8. The annuities of the aforesaid tribe shall not 20690 be taken to pay the debts of individuals. 20691 Article 9. The said Indians acknowledge their dependence 20692 on the Government of the United States, and promise to be 20693 friendly with all citizens thereof, and they pledge themselves to 20694 commit no depredations on the property of such citizens. And 20695 should any one or more of them violate this pledge, and the fact 20696 be satisfactorily proven before the agent, the property taken 20697 shall be returned, or in default thereof, or if injured or destroyed, 20698 compensation may be made by the Grovernment out of their an- 20699 nuities. Nor will they make war on any other tribe except iu 20700 self-defence, but will submit all matters of difference between 20701 them and other Indians to the Government of the United States 20702 or its agent for decision and abide thereby. And if any of the 20703 said Indians commit any depredations on any other Indians 20704 within the Territory, the same rule shall prevail as that pre- 20705 scribed in this article in case of depredations against citizens. 20706 And the said tribe agrees not to shelter or conceal offenders 464 20707 against the United States, but to deliver up the same for trial 20708 by the authorities. 20709 Article 10. The above tribe is desirous to exclude from its '^0710 reservation the use of ardent spirits, and to prevent its people 20711 from drinking the same, and therefore it is provided that any 20712 Indian belonging thereto who shall be guilty of bringing liquor 20713 into said reservation, or who drinks liquor, may have his or her 20714 proportion of the annuities withheld from him or her for such 20715 time as the President may determine. 2G71G Article 11. The United States further agree to establish 20717 at the general agency for the district of Puget's Sound, within 20718 one year from the ratification hereof, and to support for the pe- 20719 riod of twenty years, an agricultural and industrial school, to_ 20720 be free to children of the said tribe in common with those of the 20721 other tribes of said district, and to provide a smithy and 20722 carpenter's shop, and furnish them with the necessary tools and 20723 employ a blacksmith, carpenter, and farmer for the like term to 20724 instruct the Indians in their respective occupations : Provided, 20725 however, That should it be deemed expedient a separate school 20726 may be established for the benefi.t of said tribe and such others 20727 as may be associated with it, and the like persons employed for 20728 the same purposes at some other suitable place. And the United 20729 States further agree to employ a physician to reside at the said 20730 central agency, or at such other school should one be established, 20731 who shall furnish medicine and advice to the sick, and shall 20732 vaccinate them ; the expenses of the said school, shops, persons 20733 emijloyed,and medical attendance to be defrayed by the United 20734 States and not deducted from the annuities. 20735 Article 12. The said tribe agrees to free all slaves now 20736 held by its people, and not to purchase or acquire others here- 20737 after. 20738 Article 13. The said tribe finally agrees not to trade at 20739 Vancouver's Island or elsewhere out of the dominions of the 20740 United States, nor shall foreign Indians be permitted to reside 20741 in its reservation without consent of the superintendent or 20742 agent. 20743 Article 14. This treaty shall be ol)ligatory on the con- 20744 tracting parties as soon as the same shall be ratified by the Pres- 20745 ident of the United States. 20746 Proclaimed April 18, 1859. 20747 MAKDAI^S. 20748 Treaty with tlie Mandan tribe. 20749 Whereas acts of hostility have been committed by some 20750 restless men of the Mandan tribe of Indians upon some of the 20751 citazens of the United States : 465 20752 Therefore, to put a stop to any further outrages of the sort, 20753 and to establish a more friendly understanding between the 20754 United States and the said Mandan tribe, the President of the 20735 United States, by Henry Atkiuson, Brigadier-General of the 20756 United States Army, and Major Benjamin O'Eallon, Indian 20757 agent, commissioners duly appointed and commissioned to treat 20758 with the Indian tribes beyond the Mississippi Eiver, forgive the 20759 offences which have been committed, the chiefs and warriors 20760 having first made satisfflctory explanations touching the same. 20761 And, for the purpose of removing all future cause of misunder- 20762 standing as respects trade and friendly intercourse between the 20763 parties, the above-named commissioners on the part of the 20764 United States, and the undersigned chiefs and warriors of the 20765 Mandan tribe of Indians on the part of said tribe. Lave made 20766 and entered into the following articles and conditions, which, 20767 when ratified by the President of the United States, by and with 20768 the advice and consent of the Senate, shall be binding on both 20769 parties, to wit : 20770 Abtiolb 1. Henceforth there shall be a firm and lasting 20771 peace between the United States and the Mandan tribe of In- 20772 dians ; and a friendly intercourse shall immediately take place 20773 between the parties. 20774 Article 2. It is admitted by the Mandan tribe of Indians 20775 that they reside within the territorial limits of the United States, 20776 acknowledge their supremacy, and claim their protectioa. The 20777 said tribe also admit the right of the United States to regulate 20778 all trade and intercourse with them. 20779 Article 3. The United States agree to receive the Mandan 20780 tribe of Indians into their friendship and under their protection, 20781 and to extend to them, from time to time, such benefits and acts 20782 of kindness as may be convenient and seem just and proper to 20783 the President of the United States. 20784 Article 4. All trade and intercourse with the Mandan tribe 20785 shall be transacted at such place or places as may be designated 20786 and pointed out by the President of the United States through 20787 his agents ; and none but American citazens, duly authorized 20788 by the United States, shall be admitted to trade or hold inter- 20789 course with said tribe of Indians. 20790 Article 5. That the Mandan tribe may be accommodated 20791 with such articles of merchandize, &c., as their necessaties may 20792 demand, the United States agree to admit and licence traders to 20793 hold intercourse with said tribe under mild and equitable regu- 20794 lations ; in consideration of which the Mandan tribe bind them- 20795 selves to extend protection to the persons and the property of 20796 the traders, and the persons legally employed under them, whilst 20797 they remain within the limits of their district of country. And 69 I t 466 20798 the said Mandan tribe further agree that if any foreigner or 20799 other person not legally authorized by the United States shall 20800 come into their district of country for the purpose of trade or 20801 other views, they will apprehend such person or persons, and 20802 deliver him or them to some United States superintendent or 20803 agent of Indian affairs, or to the commandant of the nearest 20804 military post, to be dealt with according to law. And they fur- 20805 ther agree to give safe conduct to all persons who may be legally 20806 authorized by the United States to pass through their country, 20807 and to protect in their personfj and property all agents or other 20808 persons sent by the United States to reside temporarily among 20809 them. 20810 Article 6. That the friendship which is now established 20811 between the United States and the Mandan tribe shall not be 20812 interrupted by the misconduct of individuals, it is hereby agreed 20813 that, for injuries done by individuals, no private revenge or re- 20814 taliation shall take place, but instead thereof complaints shall 20815 be made by the party injured to the superintendent or agent 20816 of Indian affairs, or other person appointed by the President ; 20817 and it shall be the duty of the said chiefs, upon complaint being 20818 made as aforesaid, to deliver up the person or persons against 20819 whom the complaint is made, to the end that he or they may be 20820 punished agreeably to the laws of the United States. And, in 20821 like manner, if any robbery, violence, or murder, shall be com- 20822 mitted on any Indian or Indians belonging to said tribe, the per- 20823 son or persons so offending shall be tried, and if found guilty, 20824 shall be punished in like manner as if the injury had been done 20825 to a white man. And it is agreed that the chiefs of the said 20826 Mandan tribe shall, to the utmost of their power, exert them- 20827 selves to recover horses or other property which may be stolen 20828 or taken from a citazen or citazens of the United States, by any 20829 individual or individuals of said tribe ; and the property so re- 20830 covered shall be forthwith delivered to the agents or other per- 20831 son authorized to receive it, that it may be restored to the 20832 proper owner. And the United States hereby guaranty to any 20833 Indian or Indians of said tribe a full indemnification for any 20834 horses or other property which may be stolen from them by any 20835 of their citazens : Provided, That the property so stolen cannot 20836 be recovered, and that sufficient proof is produced that it was 20837 actually stolen by a citazen of the United States. And the said 20838 Mandan tribe engage, on the requisition or demand of the Pres- 20839 ident of the United States, or of the agents, to deliver up any 20840 white man resident among them. 20841 Article 7. And the chiefs and warriors as aforesaid 20842 promise and engage that their tribe will never, by sale, ex- 467 20843 change, or as presents, supply any nation, tribe, or band of In- 20844 dians, not in amity with the United States, with guns, ammu 20845 nition, or other implements of war. 20846 Proclaimed February 6, 1826. 2084:7 MENOMENEES. 20848 A treaty of peace and friendship made and concluded by and be- 20849 ttceen William Clarlc, Ninian Udwards, and Auguste Chouteau, 20850 commissioners on the part and behalf of the United States of 20851 America, of the one part, andtheundersignedchiefsandwarriors, 20852 deputed by the Menomenee tribe or nation of Indians, on the 20853 part and behalf of their said tribe or nation, of the other 20854 part. 20855 The parties, being desirous of re-establishing peace and 20856 friendship between the United States and the said tribe or na- 20857 tion, and of being placed in all things, and in every respect, on 20858 the same footing upon which they stood before the late war, 20859 have agreed to the following articles : 20860 Article 1. Every injury or act of hostility by one or 20861 either of the contracting parties against the other shall be mu- 20862 tually forgiven and forgot. 20863 Article 2. There shall be perpetual peace and friendship 20864 between all the citizens of the United States and all the indi- 20865 viduals composing the said Menomenee tribe or nation. 20866 Article 3. The undersigned chiefs and warriors, on the 20867 part and behalf of their said tribe or nation, do, by these pres- 20868 ents, confirm to the United States all and every cession of land 20869 heretofore made by their tribe or nation to the British, French, 20870 or Spanish government, within the limits of the United States, 20871 or their territories ; and also all and every treaty, contract, and 20872 agreement heretofore concluded between the said United States 20873 and the said tribe or nation. 20874 Article 4. The contracting parties do hereby agree, promise, 20875 and oblige themselves, reciprocally, to deliver up all prisoners 20876 now in their hands (by what means soever the same may have 20877 come into their possession,) to the officer commanding at Prairie 20878 du Chien, to be by him restored to the respective parties hereto, 20879 as soon as.it may be practicable. 20880 Article 5. The undersigned chiefs and warriors as afore- 20881 said, for themselves and those they represent, do hereby acknowl- 20882 edge themselves to be under the protection of the United States, 20883 and of no other nation, power, or sovereign whatsoever. 20884 Proclaimed December 26, 1817. 468 20885 Articles of agreement made and concluded at the city of WasMng- 20886 ton, this eighth day of February, one thousand eight hundred 20887 and thirty-one, hetween John H. Eaton, Secretary of War, and 20888 Samuel G, Stambaugh, Indian agent at Green Bay, specially 20889 authorized by the President of the United States, and the under- 20890 signed chiefs and head-men of the Menomonee Nation of Indians, 20891 fully authorised and empowered by the said nation to conclude 20892 and settle all matters provided for by this agreement. 20893 The Menomonee tribe of Indians, by their delegates in coun- 20894 oil, this day, define the boundaries of their country as follows, 20895 to wit : 20896 On the east side of Green Bay, Fox River, and Winnebago 20897 Late ; beginning at the south end of Winnebago Lake ; thence 20898 southeastwardly to the Milwaukyor Manawauky Eiver; thence 20899 down said river to its mouth at Lake Michigan ; thence north, 20900 along the shore of Lake Michigan, to the mouth of Green Bay; 20901 thence up Green Bay, Fox Eiver, and Winnebago Lake to the 20902 place of beginning. And on the west side of Fox Eiver as fol- 20903 lows : beginning at the mouth of Fox Eiver ; thence down the 20904 east shore of Green Bay, and across its mouth so as to include 20905 all the islands of the " Grand Traverse ;" thence westerly, on the 20906 highlands between the Lake Superior and Green Bay, to the 20907 upper forks of the Menomonee Eiver ; thence to the Plover 20908 portage of the Wisconsin Eiver ; thence up the Wisconsin Eiver 20909 to the Soft Maple Eiver ; thence to the source of the Soft Maple 20910 River; thence west to the Plume Eiver, which falls into the 20911 Ghippeway Eiver ; thence down said Plume Eiver to its mouth ; 20912 thence down the Chippeway Eiver thirty miles ; thence east- 20913 eriy to the forks of the Manoy Eiver, which falls into the Wis- 20914 consin Eiver; thence down the said Manoy Eiver to its mouth ; 20915 thence down the Wisconsin River to the Wisconsin portage ; 20916 thence across the said portage to the Fox River ; thence down 20917 Fox River to its mouth at Green Bay, or the place of beginning. 20918 The country described within the above boundaries the Me- 20919 nomonees claim as the exclusive property of their tribe. Not 20920 yet having disposed of any of their lands, they receive no annu- 20921 ities from the United States, whereas their brothers the Pooto- 20922 wottomees on the south, andthe Wlnnebagoes on the west,' have 20923 sold a great portion of their country, receive large annuities, 20924 and are now encroaching upon the lands of the Menomonees, 20925 For the purposes, therefore, of establishing the boundaries of 20926 their country, and of ceding certain portions of their lands to 20927 the United States, in order to secure great and lasting benefits 20928 to themselves and posterity, as well as for the purpose of set- 20929 tling the long-existing dispute between themselves andthe sev- 469 20930 eral tribes of the Kew York Indians, who claim, to have pur- 20931 chased a portion of their lands, the undersigned, chiefs and head- 20932 men of the Menomonee tribe, stipulate and agree with the United 20933 States as follows : 20934 First. The Menomonee tribe of Indians declare theraselve the 20935 friends and allies of the United States, under whose parental 20936 care and protection they desire to continue ; and although 20937 always protesting that they are under no obligation to recog- 20938 nise any claim of the New York Indians to any portion of their 20939 country ; that they neither sold nor received any value for the 20940 land claimed by these tribes ; yet at the solicitation of their 20941 Great Father, the President of the United States, and as an 20942 evidence of their love and veneration for him, they agree that 20943 such part of the land described, being within the following 20944 boundaries, as he may direct, may be set apart as a home to the 20945 several tribes of the New York Indians, who may remove to and 20946 settle upon the same within three years from the date of this 20947 agreement, viz : beginning on the west side of Fox Eiver, near 20948 the " Little Kackalin," at a point known as the " Old Mill 209^9 Dam ;'■ thence northwest forty miles ; thence northeast to the 20950 Oconto Creek, falling into Green Bay ; thence down said 20951 Oconto Creek to Green Bay ; thence up and along Green 20952 Bay and Fox Eiver to the place of beginning; excluding 20953 therefrom all private land claims confirmed, and also the follow- 20954 ing reservation for military purposes : beginning on the Fox 20955 Eiver, at the mouth of the first creek above Fort Howard ; 20956 thence north sixty-four degrees west to Duck Creek; thence 20957 down said Duck Creek to its mouth; thence up and along 20958 Green Bay and Fox Eiver to the place of beginning. The 20959 Menomonee Indians also reserve for the use of the United 20960 States, from the country herein designated for the New York 20961 Indians, timber and flre-wood for the United States garrison, 20962 and as much land as may be deemed necessary for public high- 20963 ways, to be located by the direction and at the discretion of 20964 the President of the United States. The country hereby ceded 20965 to the United States for the benefit of the New York Indians 20966 contains by estimation about five hundred thousand acres, and 20967 includes all their improvements on the west side of Fox Eiver. 20968 As it is intended for a home for the several tribes of the New 20969 York Indians who may be residing upon the lands at the expira.- 20970 tion of three years from this date, and for none others, the Presi- 20971 dent of the United States is hereby empowered to apportion the 20972 lands among the actual occupants at that time, so as not to assign 20973 to any tribe a greater number of acres than may be equal to one 20974 hundred for each soul actually settled upon the lands, and if, at 20975 the time Of such apportionment, any lands shall remain unoccu- 470 20976 pied by any tribe of the New York Indians, such, portion as 20977 would have belonged to said Indians, had it been occupied, shall 20978 revert to the United States. That portion, if any, so reverting, 20979 to be laid off by the President of the United States. It is dis- 20980 tinctly understood that the lands hereby ceded to the United 20981 States for the New York Indians are to be held by those tribes, 20982 under such tenure as the Menomonee Indians now hold their 20983 lands, subject to such regulations and alteration of tenure as 20984 Congress and the President of the United States shall from 20985 time to time think proper to adopt. 20986 Second. For the above cession to the United States for the 20987 benefit of the New York Indians the United States consent to 20988 pay the Menomonee Indians twenty thousand dollars, five thou- 20989 sand to be paid on the first day of August next, and five thou- 20990 sand annually thereafter, which sums shall be applied to the 20991 use of the Menomonees after such manner as the President 20992 of the United States may direct. 20993 Third. The Menomonee tribe of Indians, in consideration of. 20994 the kindness and protection of the Government of the United 20995 States, and for the purpose of securing to themselves and pos- 20996 terity a comfortable home, hereby cede and forever relinquish to 20997 the United States all their country on the southeast side of 20998 Winnebago Lake, Fox Eiver, and Green Bay, which they describe 20999 in the following boundaries, to wit : Beginning at the south end 21000 of Winnebago Lake and running in a southeast direction to 21001 Milwauky or Manawauky Eiver ; thence down said river to its 21002 mouth; thence north, along the shore of Lake Michigan to the 21003 entrance of Green Bay ; thence up and along Green Bay, Fox 21004 Eiver, and Winnebago Lake to the place of beginning, excluding 21005 all private land claims which the United States have heretofore 21006 confirmed and sanctioned. It is also agreed that all the islands 21007 which lie in Fox Eiver and Green Bay are likewise ceded ; the 21008 whole comprising, by estimation, two million five hundred thou- 21009 sand acres. 21010 Fourth. The following-described tract of land, at present 21011 owned and occupied by the Menomonee Indians, shall be set 21012 apart and designated for their future homes, upon which their 21013 improvements as an agricultural people are to be made : Begin- 21014 ning on the west side of Fox Eiver, at the " Old Mill Dam," 21015 near the " Little Kackalin," and running up and along said river 21016 to the Winnebago Lake ; thence along said lake to the mouth 21017 of Fox Eiver ; thence up Fox Eiver to the Wolf Eiver ; thence 21018 up Wolf Eiver to a point southwest of the west corner of the 21019 tract herein designated for the New York Indians ; thence north- 21020 east to said west corner ; thence southeast to the place of begin- 21021 ning. The above reservation being made to the Menomonee 471 21022 Indians for the purpose of weaning them from their wandering 21023 habits, by attaching them to comfortable homes, the President 21024 of the United States, as a mark of affection for his children of 21025 the Menomonee tribe, will cause to be employed five farmers of 21026 established character for capacity, industry, and moral habits, 21027 for ten successive years, whose duty it shall be to assist the 21028 Menomonee Indians in the cultivation of their farms, and to in- 21029 struct their children in the business and occupation of farming. 21030 Also, five females shall be employed, of like good character, for 21031 the purpose of teaching young Menomonee women^in the busi- 21032 ness of useful housewifery daring a period of ten years. The 21033 annual compensation allowed to the farmers shall not exceed 21034 five hundred dollars, and that of the females three hundred dol- 21035 lars. And the United States will cause to be erected houses 21036 suited to their condition on said lands as soon as the Indians 21037 agree to occupy them, for which ten thousand dollars shall be 21038 appropriated; also, houses for the farmers, for which three 21039 thousand dollars shall be appropriated ; to be expended under 21040 the direction of the Secretary o^War. Whenever the Menomo- 21041 nees thus settle their lands they shall be supplied with useful 21042 household articles, horses, cows, hogs, and sheep, farming uten- 21043 sils, and other articles of husbandry necessary to their comfort, 21044 to the value of six thousand dollars ; and they desire that some 21045 suitable device may be stamped upon such articles to preserve 21046 them from sale or barter to evil-disposed white persons, none of 21047 which, nor any other articles with which the United States may 21048 at any time furnish them, shall be liable to sale, or be disposed 21049 of or bargained, without permission of the agent. The whole 21050 to be under the immediate care of the farmers employed to re. 21051 main among said Indians, but subject to the general controul 21052 of the United States Indian agent at Green Bay, acting under 21053 the Secretary of War. The United States will erect a grist and 21054 saw mill on Fox Eiver for the benefit of the Menomonee Indians, 21055 and employ a good miller, subject to the direction of the agent, 21056 whose business it shall be to grind the grain required for the 31057 use of the Menomonee Indians and saw the lumber necessary 21058 for building on their lands, as also to instruct such young men 21059 of the Menomonee Nation as desire to and conveniently can 21060 be instructed in the trade of a miller. The expenses of erecting 21061 such mills and a house for the miller to reside in shall not ex- 21062 ceed six thousand dollars, and the annual compensation of the 21063 miller shall be six hundred dollars, to continue for ten years. 21064 And if the mills so erected by the United States can saw more 21065 lumber or grind more grain than is required for the proper use 21066 of said Menomonee Indians, the proceeds of such milling shall 4,72 21067 be applied to the payment of other expenses occurring iii the 21068 Green Bay agency, under the direction of the Secretary pf Wan 21069 In addition to the above prevision made for th^ M«nomo- 21070 nee Indians, the President of tbe United States will cause articles 21071 of clothing to be distributed among their tribe at Green Bay, 21072 within six months from the date of this agreement, to the amount 21073 of eight thousand dollars ; and flour and wholesome provisions 21074 to the amount ot one thousand dollars, one thousand dollars to 21075 be paid in specie ; the cost of the transportation of the clothing 21076 and provisions to be included in the sum expended. There shall 21077 also be allowed annually thereafter, for the space of twelve euc- 21078 cessive years, to the Menomonee tribe, in such manner and form 21079 as the President of the United States sball deem most beneficial 21080 and advantageous to the Indians, the sum of six thousand dol- 21081 lars. As a matter of great importance to the Menomonees, there 21082 shall be one or more gun and black smith's shops erected, to be 21083 supplied with a necessary quantity of iron and steel, which, with 21084 a shop at Green Bay, shall be kept up for the use of the tribe, 21085 and continued at the dlfcretion of th,e President of the United 21086 States. There shall also be a house for an interpreter to reside 21087 in, erected at Green Bay, the expenses not to exceed five hun- 21088 dred dollars. 21089 Fifth. Inthetreaty of Butte desMorts, concluded in, August, 21090 1827, an article is contained, appropriating one, thousand five 21091 hundred dollars annually, for the support of schools in the 21092 Menomonee country. And the representatives of the Menomo- 21093 nee Nation, who are parties hereto, rec|.uire, and it is agreed to, 21094 that said appropriation shall be increased five hundred dollars, 21095 and continued for ten years from this date, to be placed in the 21096 hands of the Secretary at War, in trust for the exclusive use and 21097 benefit of the Menomonee tribe of Indians, and to be applied by 21098 him to the education of the children of the Menomonee Indians, 21099 in such manner as he may deem most advisable, 21100 Sixth. The Menomonee tribe of Indians shall be at liberty 21101 to hunt and fish on the lands they have now ceded to the 21102 United States, on the east side of Fox Eiver and Green Bay, 21103 with the same privileges they at present enjoy, until it be sur- 21104 veyed and offered for sale by the President ; they conducting 21105 themselves peaceably and orderly. The chiefs and warriors of 21106 the Menomonee Nation, acting under the authority and on behalf 21107 of their tribe, solemnly pledge themselves to preserve peace and 21108 harmony between their people and the Governmentof the United 21109 States forever. They neither acknowledge the power nor pro- 21110 tection of any other State or people. A departure from this 21111 pledge by any portion of their tribe shall be a forfeiture of the 21112 protection of the United States Government, and their annuities 21113 -will cease. In thus declaring their friendship for the United 473 21114 States, however, the Menomonee tribe of Indians, having the 21115 most implicit confidence in their Great Father, the President of 21116 the United States, desire that he will, as a kind and faithful 21117 guardian of their welfare, direct the provisions of this compact to 21118 be carried into immediate effect. The Menomonee chiefs re- 21119 quest that such part of it as relates to the New York Indians 21120 be immediately submitted to the representatives of their tribes. 21121 And if they refuse to accept the provision made for their benefit, 21122 and to remove upon the lands set apart for them, on the west 21123 side of Pox Eiver, that he will direct their immediate removal 21124 from the Menomonee country ; but if they agree to accept of the 21125 liberal offer made to them by the parties to this compact, then 21126 the Menomonee tribe, as dutiful children of their Great Father the 21127 President, will take them by the hand as brothers, and settle 21128 down with them in peace and friendship. 21129 The boundary, as stated and defined in this agreement, of 21130 the Menomonee country, with the exception of the cessions 21131 hereinbefore made to the United States, the Menomonees claim 21132 as their country ; that part of it adjoining the farming country, 21133 on the west side of Fox Eiver, will remain to them as heretofore, 21134 for a hunting ground, until the President of the United States 21135 shall deem it expedient to extinguish their title. In that case 21136 the Menomonee tribe promise to surrender it immediately, upon 21137 being notified of the desire of Government to possess it; the 21138 additional annuity then to be paid to the Menomonee tribe to 21139 be fixed by the President of the United States. It is conceded 21140 to the United States that they may enjoy the right of making 21141 such roads, and of establishing such military ijosts, in any part 21142 of the country now occupied by the Menomonee Nation, as the 21143 President at any time- may think proper. 21144 As a further earnest of the good feeling on the part of their 21145 Great Father, it is agreed that the expenses of the Menomonee 21146 delegation to the city of Washington, and of returning, will be 21147 paid, and that a comfortable suit of clothes will be provided for 21148 each ; also, that the United States will cause four thousand dollars 21149 to be expended in procuring fowling-guns, and ammunition for 21150 them ; and likewise, in lieu of any garrison rations, hereafter 21151 allowed or received by them, there shall be procured and given 21152 to said tribe one thousand dollars' worth of good and wholesome 21153 provisions annually, for four years, by which time it is hoped 21154 their hunting habits may cease, and their attention be turned 21155 to the pursuits of agriculture. 21156 SUPPLEMENTARY ARTICLES. 21157 First. It is agreed between the undersigned, commissioners 21158 on behalf of the United States, and the chiefs and warriors 60 I T 474 21159 representing the Menomonee tribe of Indians, that, for the rea- ' 21160 sons above expressed, such parts of the first article of the agree- 21161 ment entered into between the parties hereto, on the eighth 21162 instant, as limits the removal and settlement of the New York 21163 Indians upon the lands therein provided for their future homes, 21164 to three years, shall be altered and amended, so as to read as ^ 21165 follows: That the President of the United States shall prescribe 21166 the time for the removal and settlement of the New York In- 21167 dians upon the lands thus provided for them; and, at the expi- 21168 ration of such reasonable time, he shall apportion the land 21169 among the actual settlers, in such manner as he shall deem 21170 equitable and just. And if, within such reasonable time as the 21171 President of the United States shall prescribe for that purpose, 21172 the New York Indians shall refuse to accept the provisions 21173 made for their benefit, or, having agreed, shall neglect or refuse 21174 to remove from New York, and settle on the said lands, within 21175 the time prescribed for that purpose, that then, and in either of 21176 these events, the lands aforesaid shall be and remain the prop- 21177 erty of the United States, according to sa,\A first article, except- 21178 ing so much thereof as the President shall deem justly due to 21179 such of the New York Indians as shall actually have removed 21180 to and settled on the said lands. 21181 Second. It is further agreed that the part of the sixth ar- 21182 tide of the agreement aforesaid which requires the removal of 21183 those of the New York Indians who may not be settled on the 21184 lands at the end of three years, shall be so amended as to leave 21185 such removal discretionary with the President of the United 21186 States ; the Menomonee Indians having full confidence that in 21187 making his decision he will take into consideration the welfare 21188 and prosperity of their nation : Provided, That for the purpose 21189 of establishing the rights of the New York Indians on a per- 21190 manent and just footing, the said treaty shall be ratified with 21191 the express understanding that two townships of land on the 21192 east side of the Winnebago Lake, equal to forty-six thousand 21193 and eighty acres, shall be laid off, (to commence at some point 21194 to be agreed on,) for the use of the Stockbridge and Munsee 21195 tribes ; and that the improvements made on the lands noV in the 21196 possession of the said tribes, on the east side of the Fox Itiver, 21197 which said lands are to be relinquished, shall, after being valued 21198 by a commissioner to be appointed by the President of the 21199 United States, be paid for by the Government : Provided, liow- 21200 ever, That the valuation of such improvements shall not exceed 21201 the sum of twenty-five thousand dollars ; and that there shall 21202 be one township of land, adjoining the foregoing, equal to 21203 twenty-three thousand and forty acres, laid off and granted for 21204 the use of the Brothertown Indians, who are to be paid, by 475 21205 the Government, the sum of one thousand six hundred dollars 21206 for the improvements on the lauds now in their possession on 21207 the east side of Fox Eiver, and which lands are to be relin- 21208 quished by said Indians; also, that a new line shall be run, 21209 parallel to the southwestern boundary-line or course of the tract 21210 of five hundred thousand acres described in the first article of 21211 this treaty, and set apart for the New York Indians, to com- 21212 menoe at a point on the west side of the Fox Eiver, and one 21213 mile above the Grand Shute on Fox Eiver, and at a sufficient 21214 distance from the said boundary-line, as established by the said 21215 first article, as shall comprehend the additional quantity of two 21216 hundred thousand acres of land, on and along the west side of 21217 Fox Eiver, without including any of the confirmed private land 21218 claims on the Fox Eiver, and which two hundred thousand 21219 acres shall be a part of the five hundred thousand acres intended 21220 to be set apart for the Six Nations of the New York Indians and 21221 the St. Ilegis tribe ; and that an equal quantity to that which 21222 is added on the southwestern side shall be taken off from the 21223 northeastern side of the said tract, described in that article, ou 21224 the Oconto Creek, to be determined • by a commissioner to be 21225 appointed by the President of the United States ^ so that the 21226 whole number of acres to be granted to the Six Nations and St. 21227 Eegis tribe of Indians shall not exceed the quantity originally 21228 stipulated by the treaty. 21229 Proclaimed July 9, 1832. 21230 Whereas articles of agreement between the United States 21231 of America, and the Menominee Indians, were made and con- 21232 eluded at the city of Washington, on the eighth day of February, 21233 A. D. one thousand eight hundred and thirty-one, by John H. 21234 Eaton and Samuel 0. Stambaugh, commissioners on the part of 21235 the United States, and certain chiefs and head-men of the Meno- 21236 minee Nation, on the part of said nation ; to which articles an ad- 21237 dition or supplemental article was afterwards made, on the 17th 21238 day of February, in the same year, by which the said Menominee 21239 Nation agree to cede to the United States certain parts of their 21240 land ; and that a tract of country therein defined shall be set apart 21241 for the New York Indians. All which, with the many other stip- 21242 ulations therein contained, will more fully appear by reference 21243 to the same. Which said agreements thus forming a treaty, were 21244 laid before the Senate of the United States during their then 21245 session, but were not at said session acted on by that body. 21246 Whereupon a further agreement was on the fifteenth day of 21247 March, in the same year, entered into for the purpose of pre- 21248 serving the provisions of the treaty, made as aforesaid ; by 21249 which it is stipulated that the said articles of agreement, con- 476 21250 eluded as aforesaid, should be laid before the next Senate of the 21251 United States, at their ensuing session ; and if sanctioned and 21252 confirmed by them, that each and every article thereof should be 21253 as binding and obligatory upon the parties respectively as if 21254 they had been sanctioned at the previous session. And 21255 Whereas the Senate of the United States, by their resolution 21256 of the twenty-fifth day of June, one thousand eight hundred and 21257 thirty -two, did advise and consent to accept, ratify, and confirm 21258 the same, and every clause and article thereof, upon the condi- 21259 tions expressed in the proviso contained in their said resolution 21260 which proviso is as follows : " Provided, That for the purpose of 21261 establishing the rights of the New York Indians on a perm a- 21262 nent and just footing, the said treaty shall be ratified, with the 21263 express understanding that two townships of land on the east 21264 side of Winnebago Lake, equal to forty-six thousand and eighty 21265 acres, shall be laid off (to commence at some point to be agreed 21266 on) for the use of the Stockbridge and Munsee tribes; and that 21267 tbe improvements made on the lands now in the possession of 21268 the said tribes on the east side of the Fox Eiver, which said 21269 lands are to be relinquished, shall, after being valued by a com- 21270 missioner to be appointed by the President of the United States, 21271 be paid for by the Government : Provided, however, That the 21272 valuation of such improvements shall not exceed the sum of 21273 twenty-five thousand dollars. And that there shall be one town- 21274 ship of land adjoining the foregoing, equal to twenty-three thou- 21275 sand and forty acres, laid off and granted for the use of the 21276 Brothertown Indians, who are to be paid by the Government 21277 the sum of one thousand six hundred dollars for the improve- 21278 ments on the lands now in their possession, on the east side of 21279 Fox Eiver, and which lands are to be relinquished by said In- 21280 dians; also that a new line shall be run, parallel to the south- 21281 western boundary-line or course of the tract of five hundred 21282 thousand acres described in the first article of this treaty, and 21283 set apart for the New York Indians, to commence at a point on the 21284 west side of the Fox Eiver, and one mile above the Grand Shute, 21285 on Fox Eiver, and at a sufficient distance from the said bound- 21286 ary-line as estimated by the said first article, as shall compre- 21287 hend the additional quantity of two hundred thousand acres of 21288 land on and along the west side of Fox Eiver, without including 21289 any of the confirmed private land claims on the Fox Eiver ; 21290 and which two hundred thousand acres shall be a part of the 21291 five hundred thousand acres intended to be set apart for the 21292 Six Nations of the New York Indians and the St. Eegis tribe ; 21293 and that an equal quantity to that which is added to the south- 21294 western side shall be taken off from the northeastern side of the 21295 said tract described in that article, on the Oconto Creek, to be . 477- 21296 determined by a commissioner to be appointed by tlie President 21297 of the United States ; so tliat the whole number of acres to be 21298 granted to the Six Nations and St. Eegis tribe of Indians shall 21299 not exceed the quantity originally stipulated by the treaty." 21300 And 21301 Whereas, before the treaty aforesaid, conditionally ratified, 21302 according to the proviso to the said resolution of the Senate, 21303 above recited, could bfe obligatory upon the said Menominee 21304 Nation, their assent to the same must be had and obtained. 21305 And whereas the honorable Lewis Gass, Secretary of the 21300 Department of War, by his letter of instructions of the eleventh 21307 day of September, A. D. 1832, did authorize and request George 21308 B. Porter, Governor of the Territory of Michigan, to proceed to 21309 Green Bay, and endeavor to procure the assent of the Menom- 21310 inees to the change proposed by the Senate, as above set forth; 21311 urging the necessity of directing his first eiforts to an attempt to 21312 procure the unconditional assent of the Menominees to the said 21313 treaty, as ratified by the Senate. But should he fail in this ob- 21314 ject that he would then endeavor to procure their assent to the 21315 best practicable terms, short of those proposed by the Senate; 21316 giving them, to understand that he merely received such propo- 21317 sition as they might make, with a view to transmit it for the 21318 consideration of the President and Senate of the United States. 21319 And if this course became necessary that it would be very desira- 21320 able that the New York Indians should also signify their ac- 21321 ceptance of the modifications required by the Menominees. 21322 And whereas, in pursuance of the said instructions, the 21323 said George B. Porter proceeded to Green Bay, and having as- 21324 sembled all the chiefs and head-men of the Menominee Nation, 21325 in council, submitted to them, on the twenty-second day of Oc- 21326 tober, A. D. one thousand eight hundred and thirty-two, the 21327 said proviso annexed to the resolution aforesaid of the Senate 21328 of the United States, for the ratification of the said treaty; and 21329 advised and urged on them the propriety of giving their assent to 21330 the same. And the said chiefs and head-men having taken time 21331 to deliberate and reflect on the proposition so submitted to them, 21332 and which they had been urged to assent to, did in the most 21333 positive and decided manner refuse to give their assent to the 21334 same. (The many reasons assigned for this determination, by 21335 them, being reported in the journal of the said commissioner, 21336 which will be transmitted with this agreement.) 21337 And whereas, after failing in the object last stated, the said 21338 George B. Porter endeavored to procure the assent of the said 21339 chiefs and head-men of the Menominee Nation to the best prac- 21340 ticable terms short of those proposed by the Senate of the 21.341 United States ; and after much labor and pains, entreaty and 478 21342 persuasion, the said Meuominees consented to the following, as 21343 the modiflcatious which they would make ; and which are re- 21344 duced to writing, in the form of an agreement, as the best prac- 21345 ticable terms which could be obtained from them, short of those 21346 proposed by the Senate of the United States, which they had 21347 previously positively refused to accede to. And as the modifi- 21348 cations so made and desired have been acceded to by the New 21349 York Indians, with a request that the treaty thus niodifled 2 1350 might be ratified and approved by the President and the Senate of 21351 the United States, it is the anxious desire of the Menominees, 21352 also, that the treaty, with these alterations, may. be ratified and 21353 approved without delay, that they may receive the benefits and 21354 advantage secured to them by the several stipulations of the 21355 said treaty, of which they have so long been deprived. 21356 The following is the article of agreement made between the 21357 said George B. Porter, commissioner on the part of the United 21358 States, si)ecially appointed as aforesaid, and the said Menominee 21359 Nation, through their chiefs and head-men on the part of their 21360 Nation : 21361 First. The said chiefs and head- men of the Menominee Nation 21362 of Indians do not object to any of the matters contained in the pro- 21363 viso annexed to the resolution of the Senate of the United States, 21364 so far as the same relate to the granting of three townships of land 21365 on the east side of Winnebago Lake, to the Stockbridge, Mun- 21366 see, and Brothertown tribes; to the valuation and payment for 21367 their improvements, «&;c., (ending with the words "and which 21368 lands are to he relinquished by said Indians.'') They therefore as- 21369 sent to the same. 21370 Second. The said chiefs and head-men of the Menominee 21371 Nation of Indians, objecting to all the matters contained in the 21372 said proviso annexed to the resolution of the Senate of the 21373 United States, so far as the same relate to the running of a new 21374 line parallel to the southwestern boundary-line or course of the tract 21375 of five hundred thousand acres, described in the first article of the 21376 treaty, and set apart for the New York Indians, to commence at 21377 a point on the southwestern side of Fox Eiver, and one mile 21378 above the Grand Shute, on Fox Eiver, and at a sufBcient dis- 21379 tance from the said boundary-line, as established by the said 21380 first article, as shall comprehend the additional quantity of two 21381 hundred thousand acres of land, on and along the west side of 21382 the Fox Eiver, without including any of the confirmed private 21383 land claims, on the Fox Eiver, to compose a part of the five 21384 hundred thousand acres intended to be set apart for the Six 21385 Nations of the New York Indians and St. Eegis tribe, agree, in 21386 lieu of this proposition, to set off a like quantity of two hundred 21387 thousand acres as follows: The said Menominee Nation hereby 479 21388 agree to cede, for the benefit of the New York Indians along the 21389 southwestern boundary-line of the present five hundred thousand 21390 acres described in the first article of the treaty as set apart for 21391 the New York Indians, a tract of land, bounded as follows : 21392 Beginning on the said treaty line, at the old mill-dam on Fox 21393 Eiver, and thence extending up along Fox Elver to the little 21394 Bapid Groclie; from thence running a northwest course three 21395 iniles; thence on a line running parallel with the several courses 21396 of Fox Eiver, and three miles distant from the river, until it 21397 will intersect a line, running on a northwest course, commencing 21398 at a point one mile above the Grand Shute; thence on aline 21399 running northwest, so far as will be necessary to include, between 21400 the said last line and the line described as the southwestern 21401 boundary-line of the five hundred thousand acres in the treaty 21402 aforesaid, the quantity of two hundred thousand acres; and 21403 thence running northeast until it will intersect the line forming 21404 the southwestern boundary-line aforesaid ; and from thence along 21405 the said line to the old mill-dam, or place of beginning; contain- 21406 ing two hundred thousand acres. Excepting and reserving 21407 therefrom the privilege of Charles A. Grignon, for erecting a mill 21408 on Apple Creek, &c., as approved by the Department of War on 21409 the twenty-second day of April one thousand eight hundred and 21410 thirty-one, and all confirmed private land claims on the Pox 21411 Eiver. The lines of the said tract of land so granted to be run, 21412 marked, and laid off without delay, by a commissioner to be ap- 21413 pointed by the President of the United States. And that in ex- 21414 change for the above, a quantity of land equal to that which is 21415 added to the southwestern side shall be taken off from the 21416 northeastern side of the said tract, described in that article, on 21417 the Oconto Creek, to be run, marked, and determined by tbe 21418 commissioner to be appointed by the President of the United 21419 States, as aforesaid, so that the whole number of acres to be 21420 granted to the Six Nations and St. Eegis tribe of Indians shall 21421 not exceed the quantity of five hundred thousand acres. 21422 Third. The said chiefs and head-men of the Menominee Na- 21423 tion agree, that in case the said original treaty, made as afore- 21424 said, and the supplemental articles thereto, be ratified and con- 21425 firmed at the ensuing session of the Senate of the United States, 21426 with the modifications contained in this agreement, that each 21427 and every article thereof shall be as binding and obligatory upon 21428 the parties, respectively, as if they had been sanctioned at the 21429 times originally agreed upon. 21430 In consideration of the above voluntary sacrifices of their 21431 interest, made by the said Menominee Nation, and as evidence 21432 of the good feeling of their Great Father, the President of the 21433 United States, the said George B. Porter, commissioner as afore- 480 21434 said, has delivered to tlie said chiefs, head-men, and the people 21435 of the said Menominee I^Tation here assembled, presents in cloth - 21436 ing to the amount of one thousand dollars, five hundred bushels 21437 of corn, ten barrels of pork, and ten barrels of flour, &c., &c. 21438 N. B. — All the provisions of the foregoing treaty, as well 21439 as those of that of 1831 , which bind the United States to pay 21440 for farmers, blacksmiths, millers, &c., are annulled; as also 21441 those in regard to appropriations for education, improvements 21442 on Fox River and Winnebago Lake, and for providing cattle, 21443 farming utensils, or other articles, are annulled by the third 21444 article of the treaty of September 3, 1836, proclaimed Pebru- 21445 ary 15, 1837, (page 483.) 21446 APPENDIX. 21447 To all to tchom these presents sliall come, the undersigned, chiefs 21448 and head-men of the sundry tribes of New Yorlc Indians, {as 21449 set forth in the specifications annexed to their signatures,) send 21450 greeting : 21451 Whereas a tedious, perplexing, and harassing dispute and 31452 controversy have long existed between the Menominee Nation 31453 of Indians and the New York Indians, more particularly known 21454 as the Stockbridge, Munsee, and Brothertown tribes, the Six Na- 21455 tions and St. Eegis tribe. The treaty made between the said Meno- 21456 minee Nation and the United States, and the conditional ratifica- 21457 tiou thereof by the Senate of the United States, being stated and 21458 set forth in the within agreement, entered into between the chiefs 21459 and head-men of the said Menominees, and George B. Porter, 21460 governor of Michigan, commissioner specially appointed, with 21461 instructions referred to in the said agreement ; 21462 And whereas the undersigned are satisfied, and believe, that 21463 the best efforts of the said commissioner were directed and used .21464 to procure, if practicable, the unconditional assent of the said 21465 Menominees to the change proposed by the Senate of United 21466 States in the ratification of said treaty, but without success ; 21467 And whereas the undersigned further believe that the terms 21468 stated in the within agreement are the best practicable terms, 21469 short of those proposed by the Senate of the United States, which 21470 could be obtained from the said Menominees ; and being asked to 21471 signify our acceptance of the modifications proposed as aforesaid 21472 by the Menominees, we are compelled , by a sense of duty and pro- 21473 priety, to say that we do hereby accept of the same. So far as 21474 the tribes to which we belong are concerned, we are perfectly 21475 satisfied that the treaty should be ratified on the terms proposed 21476 by the Menominees. We further believe that the tract of laud 21477 which the Menominees in the within agreement are willing to 481 21478 cede, in exchange for an equal quantity on the northeast side of 21479 the tract of five hundred thousand acres, contains a sufiicient 21480 quantity of good land, favorably and advantageously situated, 21481 to answer all the wants of the New York Indians, and St. Kegis 21482 tribe. For the purpose, then, of putting an end to strife, and 21483 that we may all sit down in peace and harmony, we thus sigiiify 21484 our acceptance of the modifications proposed by the Menomi- 21485 nees ; and we most respectfully request that the treaty as now 21486 modified by the agreement this day entered into with the Me- 21487 nominees, may be ratified and approved by the President and 21488 Senate of the United States. 21489 Proclaimed March 13, 1835. 21490 Articles of agreement made and concluded at Cedar Point, on Fox 21491 River, near Green Bay, in the Territory of Wisconsin, this 21492 third day of September, in the year of our Lord one thousand 21493 eight hundred and thirty-six, between Henry Dodge, governor 21494 of said Territory of Wisconsin, commissioner on the part of 21495 the United States, on the one part, and the chiefs and head- 21496 men of the Menomonie Nation of Indians of the other part. 21497 Article 1. The said Menomonie Nation agree to cede to 21498 the United States all of that tract or district of country included 21499 within the following boundaries, viz : Beginning at the mouth 21500 of Wolf River, and running up and along the same to a point 21501 on the north branch of said river where it crosses the extreme 21502 north or rear line of the five hundred thousand acre tract hereto- 21503 fore granted to the New York Indians ; thence following the line 21504 last mentioned, in a northeastwardly direction, three miles ; 21505 thence in a northwardly course, to the upper forks of the Me- 21506 nomonie Eiver, at a point to intersect the boundary-line between 21507 the Menomonie and Chippewa Nation of Indians; thence foUow- 21508 ing the said boundary-line last mentioned in an eastwardly di- 21509 rection as defined and established by the treaty of the Little 21510 Bute des Mort, in 1827, to the Smooth Rock or Shos-kin-aubie 21511 Eiver ; thence down the said river to where it empties into Green 21512 Bay, between the Little and Great Bay de Noquet; thence up 21513 and along the west side of Green Bay (and including all the 21514 islands therein not heretofore ceded) to the mouth of Pox River ; 21515 thence up and along the said Fox River, and along the west 21516 side of Winnebago Lake (including the islands therein) to the 21517 mouth of Fox.Eiver, where it empties into said lake; thence up 21518 and along said Fox River to the place of beginning, (saving and 21519 reserving out of the district of country above ceded and de- 21520 scribed, all that part of "the five hundred thousand acre tract 21521 granted by the treaties between the Menomonies and the United 61 IT 482 21522 States, made on the eighth day of February, A. D, 1831, and on 21523 the twenty-seventh day of October, A. D. 1832, which may be 21524 situated within the boundaries hereinbefore described,) the 21625 quantity of land contained in the tract hereby ceded being 21526 estimated at about four millions of acres. 21527 And the said Menomonie Nation do further agree to cede 21528 and relinquish to the United States all that tract or district of 21529 country lying upon the Wisconsin Eiver in said Territory, and 21530 included within the following boundaries, viz : Beginning at a 21531 point upon said Wisconsin Eiver, two miles above the grant or 21532 privilege heretofore granted by said nation and the United 21533 States to Amable Grignon ; thence running up and along said 21534 river forty-eight miles in a direct line, and being three miles in 21535 width on each side of said river ; this tract to contain eight town- 21536 ships or one hundred and eighty-four thousand three hundred 21537 and twenty acres of land. 21538 Aeticle 2. In consideration of the cession of the aforesaid 21539 tract of land, the United States agree to pay to the said Meno- 21540 monie Nation, at the lower end of Wah-ne-kun-nah Lake in their 21541 own couutry, or at such other place as may be designated by the 21542 President of the United States, the sum of twenty thousand 21543 dollars per annum for the term of twenty years. 21544 The United States further agree to pay and deliver to the 21545 said Indians, each and every year during the said term of 21546 twenty years, the following articles : Three thousand dollars' 21547 worth of provisions ; two thousand pounds of tobacco ; thirty 21548 barrels of salt ; also the. sum of five hundred dollars per year 21549 during the same term, for the purchase of farming utensils, 21550 cattle, or implements of husbandry, to be expended under the 21551 direction of the superintendent or agent. Also to appoint and 21552 pay two blacksmiths, to be located at such places as may be 21553 designated by the said superintendent or agent, to erect {and 21554 supply with the necessary quantity of iron, steel, and tools) two 21555 blacksmith-shops, during the same term. 21556 The United States shall also pay the just debts of the said 21557 Menomonie Indians, agreeably to the schedule hereunto annexed, 21558 amounting to the sum of ninety-nine thousand seven hundred 21559 and ten dollars and fifty cents: Provided, always, That no part 21560 or portion of said debts shall be paid until the validity and 21561 justice of each of them shall have been inquired into by the 21562 superintendent of Indian affairs, who shall in no instance in- 21563 crease the amount specified in said schedule, but who shall allow 21564 the sum specified, reject it entirely, ^r reduce.it as upon exami- 21565 nation and proof may appear just; and if any part of said sum 21566 is left, after paying said debts so adjudged to be just, then such 21567 surplus shall be paid to the said Indians for their own use. 483 21568 And whereas the said Indians are desirous of making some 21569 provision and allowance to their relatives and friends of mixed 21570 blood, the United States do further agree to pay the sum of 21571 eighty thousand dollars, to be divided among all such persons 21572 of mixed blood as the chiefs shall hereafter designate ; said sum 21573 to be apportioned and divided under the direction of a commis- 21574 sioner to be appointed by the President : Provided, always, That 21575 no person shall be entitled to any jjart of said fund unless he is 21576 of Indian descent and actually resident within the boundaries 21577 described in the first article of this treaty; nor shall anything 21578 be allowed to any such person who may have received any 21579 allowance under any previous treaty. The portions of this fund 21580 allowed by the commissioner to those half-breeds who are 21581 orphans, or poor or incompetent to make a proper use thereof, 21582 shall be paid to them in instalments or otherwise, as the Presi- 21583 dent may direct. 21584 Article 3. The said Menomonie Nation do agree to release 21585 the United States from all such provisions of the treaty of 1831 21586 and 1832, aforesaid, as recpiires the payment of farmers, black- 21587 smiths, millers, &c. They likewise relinquish all their right 21588 under said treaty to appropriation for education, and to all im- 21589 provements made or to be made upon their reservation on Fox 21590 Eiver and Winnebago Lake, together with the cattle, farming 21591 utensils or other articles furnished or to be furnish [ed] to them 21592 under said treaty. And in consideration of said release and 21593 relinquishment, the United States stipulate and agree that the 21594 sum of seventy-six thousand dollars shall be allowed to the said 21595 Indians, and this sum shall be invested in some safe stock, and the 21596 interest thereof as it accrues shall also be so vested until such 21597 time as in the judgment of the President the income of the 21598 aggregate sum can fee usefully applied to the execution of the 21599 provisions in the said fourth article, or to some other purposes 21600 beneficial to the said Indians. 21601 Article 4. The above annuities shall be paid yearly and 21602 every year during the said term, in the month of June or July, 21603 or as soon thereafter as the amount shall be received ; and the 21604 said Menomonie Nation do agree to remove from the country 21605 ceded within one year after the ratification of this treaty. 21606 This treaty shall be binding and obligatory on the contract- 21607 ing parties as soon as the same shall be ratified by the President 21608 and Senate of the United States. 21609 Proclaimed February 15, 1837. 21610 SCHEDULE. 21611 It is agreed on the part of the United States, that the follow- 21612 ing claims shall be allowed and paid, agreeably to the second 21613 article of the foregoing treaty, viz : 484 21614 To John Lawe, twelve thousand five hundred dollars. 21615 To Augustine Grignon, ten thousand dollars. 21616 To William Powell and Eobert Grignon, four thousand two 21617 hundred and fifty dollars. 21618 To Charles A. Grignon, ten thousand dollars. 21619 To John Lawe & Co., six thousand dollars. 21620 To Walter T. Webster, one hundred dollars. 21621 To John P. Arndt, five hundred and fifty dollars. 21622 To William Farnsworth and Charles R. Brush, two thousand 21623 five hundred dollars. 21624 To James Porlier, seven thousand five hundred dollars. 21625 To heirs of Louis Beaupre, one thousand five hundred dollars. 21626 To Dominick Brunette, two hundred and thirty-one dollars 21627 and fifty cents. 21628 To Alexander J. Irwin, one thousand two hundred and fifty 21629 dollars. 21630 To American Fur Company (western outfit) four hundred 21631 dollars. 21632 To Charles Grignon, one thousand two hundred dollars. 21633 To Joseph Rolette, one thousand seven hundred and fifty 21634 dollars. 21635 To Charles A. and Alexander Grignon, seven hundred and 21636 fifty dollars. 21637 To James Reed, seven hundred dollars. 21638 To Peter Powell, one thousand seven hundred and fifty 21639 dollars. 21640 To Paul Grignon, five thousand five hundred dollars. 21641 To William Dickinson, three thousand dollars. 21642 To Robert M. Eberts, seventy-four dollars. 21643 To Joseph Jourdain, fifty dollars. 21644 To James Knaggs, five hundred and fifty dollars, ($550.) 21645 To Ebenezer Childs, two hundred dollars. 21646 To Lewis Rouse, five thousand dollars. 21647 To William Farnsworth, two thousand five hundred dollars. 21648 To Saml. Irwin & Geo. Boyd, ji-., one hundred and five 21649 dollars. 21650 To Aneyas Grignon, two thousand five hundred dollars. 21651 To Pierre Grignon, deceased, by Rob. & Peter B. Grignon, 21652 six thousand dollars. 21653 To Stanislius Chappue, one hundred dollars. 21654 To John Lawe, one thousand two hundred dollars. 21655 To William Dickinson, two hundred and fifty dollars. 21656 To Stanislius Chappue, two thousand five hundred dollars. 21657 To Lewis Grignon, seven thousand two hundred and fifty 21658 dollars. 485 21659 Articles of a treaty made and concluded at Lake Pow-aw-Jiay-Tcon- 21660 nmj, in the State of Wisconsin, on the eighteenth day of October, 21661 one thousand eight hundred and forty-eight, between the 21662 United States of America, by William Medill, a commissioner 21663 duly appointed for that purpose, and the Menomonee tribe of 21664 Indians, by the chiefs, head-men, and warriors of said tribe. 21665 Aeticlb 1. It is stipulated and solemnly agreed that the 21666 peace and friendship now so happily subsisting between the 21667 Government and people of the United States and the Menomo- 21668 nee Indians shall be perpetual. 21669 Article 2. The said Menomonee tribe of Indians agree to 21670 cede, and do hereby cede, sell, and relinquish to the United 21671 States all their lands in the State of Wisconsin, wherever situ- 21672 ated. 21673 Article 3. In consideration of the foregoing cession, the 21674 United States agree to give, and do hereby give, to said Indians 21675 for a home, to be held as Indians' lands are held, all that coun- 21676 try or tract of land ceded to the said United States by the Chip- 21677 pewa Indians of the Mississippi and Lake Superior, in the treaty 21678 of August 2, 1847, and the Pillager band of Chippewa Indians, 21679 in the treaty of August 21, 1847, which may not be assigned to 21680 the Winnebago Indians, under the treaty with that tribe of 21681 October 13, 1846, and which is guarantied to contain not less 21682 than six hundred thousand acres. 21683 Article 4. In further and full consideration of said ces- 21684 sion, the United States agree to pay the sum of three hundred 21685 and fifty thousand dollars, at the several times, in the manner, 21686 and for the purposes following, vi/c : 21687 To the chiefs, as soon after the same shall be appropriated 21688 by Congress as may be convenient, to enable them to arrange 21689 and settle the affairs of their tribe preparatory to their removal 21690 to the country set apart for and given to them as above, thirty 21691 thousand dollars. ■21692 To such persons of mixed blood, and in such proportion to 21693 each as the chiefs in council, and a commissioner to be appointed 21694 by the President, shall designate and determine, and as soon 21695 after the appropriation thereof as may be found practicable and 21696 expedient, forty thousand dollars. 21697 In such manner and at such times as the President shall 21698 prescribe, in consideration of their removing themselves, which 21699 they agree to do, without further cost or expense to the United 21700 States, twenty thousand dollars. 21701 In such manner and at such times as the President shall 21702 prescribe, in consideration of their subsisting themselves the 21703 first year after their removal, which they agree to do, without 486 21704 further cost or expense oa the part of the United States, twenty 21705 thousand dollars. 21706 To be laid out and applied, under the direction of the Pres- 21707 ident, in the establishment of a manual-labor school, the erection 21708 of a grist and saw mill, and other necessary improvements in 21709 their new country, fifteen thousand dollars. 21710 To be laid out and applied, under the direction of the Pres- 21711 ident, in procuring a suitable persoa to attend and carry on the 21712 said grist and saw mill for a period of fifteen years, nine thou- 21713 sand dollars. 21714 To be laid out and applied, under the direction of the Pres- 21715 ident, in continuing and keeping up a blacksmith's shop, and 21716 providing the usual quantity of iron and steel for the use and 21717 benefit of said tribe, for a period of twelv^e years, commencing 21718 with the year one thousand eight hundred and fifty-seven, and 21719 when all provision for blacksmiths' shops under the treaty of 21720 1836 shall cease, eleven thousand dollars. 21721 To be set apart, applied, and distributed under the direction 21722 of the President, in payment of individual improvements of the 21723 tribe upon the lands above ceded to the United States, five 21724 thousand dollars. 21725 And the balance, amounting to the sum of two hundred 21726 thousand dollars, to be paid over to the tribe, as Indian annul- 21727 ties are required to be paid, in ten equal annual instalments, 21728 commencing with the year one thousand eight hundred and 21729 fifty-seven, and when their annuities or annual instalments un- 21730 der the treaty of 1836 shall have ceased. 21731 Article 5. It is stipulated and agreed that the sum now 21732 invested in stocks under the Senate's amendment to the treaty 21733 of 1836, with the interest due thereon at this time, shall be and 21734 remain invested, under the direction of the President, and that 21735 the interest hereafter arising therefrom shall be disposed of as 21736 follows: that is to say, so much thereof as may be necessary to 21737 the support and maintenance of the said manual- labor school, and 21738 other means of education, and the balance be annually paill 21739 over in money as other annuities, or applied for the benefit and 21740 improvement of said tribe, as the President, on consultation 21741 with the chiefs, may from time to time determine. 21742 Article 6. To enable the said Indians to explore and ex- 21743 amine their new country, and as an inducement to an early re- 21744 moval thereto, it is agreed that the United States will pay the 21745 necessary expenses of a suitable delegation, to be selected for 21746 that purpose, under the direction of the President. 21747 Article 7. It is alleged that there were less goods deliv- 21748 ered to the said Indians at the annuity payment of 1837 than 21749 were due and required to be paid and delivered to them under 48T 2L750 the stipulations of their treaties with the United States then in 21751 force; and it is therefore agreed that the subject shall be prop- 21752 erly investigated, and that full indemnity shall be made to them 21753 for any loss which they may be shown to have sustained. 21754 Article 8. It is agreed that the said Indians shall be per- 21755 mitted, if they desire to do so, to remain on the lands hereby 21756 ceded for and during the period of two years from the date 21757 hereof, and until the President shall notifj' them that the same 21758 are wanted. 21759 Article 9. It is stipulated that Eobert G-rigon, who has 21760 erected a saw-mill upon the Little Wolf liiver at his own expense, 21761 for the benefit and at the request of said Indians, shall have the 21762 right of a pre-emptor to the lands upon which such improve- 21763 ments are situated, not exceeding m quantity on both sides of 21764 said river one hundred and sixty acres. 21765 Article 10. This treaty to be binding on the contracting 21766 parties as soon as it is ratified by the President and Senate of 21767 the United States. 21768 Eatified January 23, 1849. 21769 Franklin Pierce, President of the United States of America, 21770 to all and singular to whom these presents shall come, 21771 greeting : 21772 Whereas a treaty was made and concluded at the Falls of 21773 Wolf Eiver, in the State of Wisconsin, on the twelfth day of 21774 May, one thousand eight hundred and fifty-four, between the 21775 United States of America, by Francis Huebschn:ann, superin- 21776 tendent of Indian affairs, duly authorized thereto, and the Me- 21777 nomonee tribe of Indians, by the chiefs, head-men, and warriors 21778 of said tribe, such articles being supplementary and amenda- 21779 tory to the treaty made between the United States and said 21780 tribe on the eighteenth day of October, one thousand eight 21781 hundred and forty-eight; which treaty is in the words foUow- 21782 ing, to wit : 21783 Articles of agreement made and concluded at the Falls of 21784 Wolf Eiver, in the State of Wisconsin, on the twelfth day 21785 of May, one thousand eight hundred and fifty-four, between 21786 the United States of America, by Francis Huebschmauu, 21787 superintendent of Indian affaii's, duly authorized thereto, 21788 and the Menomonee tribe of Indians, by the chiefs, head- 21789 men, and warriors of said tribe, such articles being sup. 21790 plementary and amendatory to the treaty mfide between the 21791 United States and said tribe on the eighteenth day of Octo- 21792 ber, one thousand eight hundred and forty-eight. 21793 Whereas, among other provisions contained in the treaty in 488 21794 the caption mentioned, it is stipulated that for and in considera- 21795 tion of all the lands owned by the Menomonees, in the State of 21796 Wisconsin, wherever situated, the United States should give 21797 them all that country or tract of land ceded by the Chippewa 21798 Indians of the Mississippi and Lake Superior, in the treaty of 21799 the second of August, eighteen hundred and forty-seven, and 21800 by the Pillager band of Chippewa Indians in the treaty of the 21801 twenty-first of August, eighteen hundred and forty-seven, which 21802 had not been assigned to the Winnebagoes, guarantied not to 21803 contain less than six hundred thousand acres ; should pay them 21804 forty thousand dollars for removing and subsisting themselves ; 21805 should give them fifteen thousand dollars for the establishment 21806 of a manual-labor school, the erection of a grist and saw mill, 21807 and for other necessary improvements in their new country ; 21808 should cause to be laid out and expended in the hire of a miller, 21809 for the period of fifteen years, nine thousand dollai's ; and for 21810 continuing and keeping up a blacksmith shop and jiroviding iron 21811 and steel for twelve years, commencing on the first of January,. 21812 eighteen hundred and fifty-seven, eleven thousand dollars. 21813 And whereas, upon manifestation of great unwillingness on 21814 the part of said Indians to remove to the country west of the 21815 Mississippi River, upon Crow Wing, which had been assigned 21816 them, and a desire to remain in the State of Wisconsin, the 21817 President consented to their locating temporarily upon the Wolf 21818 and Oconto Elvers : 21819 • Now, therefore, to render practicable the stipulated pay- 21820 ments herein recited, and to make exchange of the lands given 21821 west of the Mississippi for those desired by the tribe, and for 21822 the purpose of giving them the same for a permanent home, 21823 these articles .are entered ioto. 21824 Article 1. The said Menomonee tribe agree to cede, and 21825 do hereby cede, sell, and relinquish to the United States all the 21826 lands assigned to them under the treaty of the eighteenth of 21827 October, eighteen hundred and forty-eight. 21828 Article 2. In consideration of the foregoing cession the 21829 United States agree to give, and do hereby give, to said Indians 21830 for a home, to be held as Indian lands are held, that tract of 21831 country lying upon the Wolf River, in the State of Wisconsin, 21832 commencing at the southeast corner of township 28 north, of 21833 range 16 east, of the fourth principal meridian, running west 21834 twenty-four miles, thence north eighteen miles, thence east 21835 twenty-four miles, thence south eighteen miles, to the place of 21836 beginning, the same being townships 28, 29, and 30, of ranges 21837 13, 14, 15, and 16, according to the public surveys. 21838 Article 3. The United States agree to pay, to be laid out 21839 and applied under the direction of the President at the said loca- 489 21840 tion, in the establishmeat of a manual-labor school, the erection 21841 of a grist and saw mill, and other necessary improvements, fifteen 21842 thousand dollars ; in i^rocuring a suitable person to attend and 21843 carry on the said grist and saw mill for a period of fifteen years, 21844 nine thousand dollars; in continuing and keeping up a black- 21845 smith shop and providing the usual quantity of iron and steel 21846 for the use of said tribe for a period of twelve years, commencing 21847 with the year eighteen hundred and fifty-seven, eleven thousand 21848 dollars ; and the United States further agree to pay the said 21849 tribe, to be applied under the direction of the President, in such 21850 manner and at such times as he may deem advisable, for such 21851 purposes and uses as in his judgment will best promote the im- 21852 provement of the Menomonees, the forty thousand dollars stipu- 21853 lated to be applied to their removal and subsistence west of the 21854 Mississippi. It being understood that all other beneficial stipu- 21855 lations in said treaty of 1848 are to be fulfilled as therein pro- 21856 vided. 21857 Aettcle 4. In consideration of the difference in extent 21858 between the lands hereby ceded to the United States and the 21859 lands given in exchange, and for and in consideration of the 21860 provisions hereinbefore recited, and of the relinquishment by 21861 said tribe of all claims set up by or for them, for the difference 21862 in quantity of lands supposed by them to have been ceded in the 21863 treaty of eighteenth of October, eighteen hundred and forty-eight, 21864 and what was actually ceded, the United States agree to pay said 21865 tribe the sum of two hundred and forty-two thousand six hun- 21866 dred and eighty-six dollars, in fifteen annual instalments, com- 21867 mencing with the year 1867, each instalment to be paid out and 21868 expended under the direction of the President of the United 21869 States, and for such objects, uses, and purposes as he shall 21870 judge necessary and proper for their wants, improvement, and 21871 civilization. 21872 Article 5. It is further agreed that all expense incurred 21873 in negotiating this treaty shall be paid by the United States. 21874 Article 6. This treaty to be binding on the contracting 21875 parties as soon as it is ratified by the President and Senate of 21876 the United States, and assented to by Osh-kosh and Ke-she-nah, 21877 chiefs of said tribe. 21878 Proclaimed August 2, 1854. 21879 FuANiCLiN Pierce, President of the United States of America, 21880 to all and singular to whom these presents shall come, 21881 greeting: 21882 Whereas a treaty was made and concluded at Keshena, 21883 State of Wisconsin, on the eleventh day of February, one thou- 21884 sand eight hundred and fifty-six, between Francis Huebsohmann, 62 IT 490 21885 commissioner[oii the part of the United States, and the Menomo- 21886 nee tribe of Indians, assembled in general council, which treaty 21887 is in the words and figures following, to wit : 21888 Whereas a treaty was entered into at Stockbridge, in the 21889 State of Wisconsin, on the fifth of the present month, between 21890 the United States of America on the one part, and the StOck- 21891 bridge and Munsee tribes of Indians on the other, stipulating 21892 that a new home shall be furnished to the said Stockbridge and 21893 Munsee Indians, near the south line of the Menomonee reserva- 21894 tion; and 21895 Whereas the United States desire to locate said Stockbridges 21896 and Munsees near the said line in the western part of the said 21897 reservation, on lands on which no permanent settlements have 21898 been made by the Menomonees; and 21899 Whereas there is no objection on the part of the Menomo- 21900 nees to the location of the Stockbridges and Munsees in their 21901 neighborhood : Therefore this agreement and convention has 21902 been entered into : 21903 Articles of agreement made and concluded at Keshena, State of 21904 Wisconsin, on the eleventh day of February, in the year of 21905 our Lord eighteen hundred and fifty-six, between Francis 21906 Huebschmann, commissioner on the part of the United 21907 States, and the Menomonee tribe of Indians, assembled in 21908 general council. 21909 Article 1. The Menomonee tribe of Indians cede to the 21910 United States a tract of land, not to exceed two townships in 21911 extent, to be selected in the western part of their present reser- 21912 vation, on its south line, and not containing any permanent 21913 settlements made by any of their number, for the purpose of 21914 locating thereon the Stockbridge and Munsee Indians, and such 21915 others of the Kew York Indians as the United States may desire 21916 to remove to the said location within two years from the ratifi- 21917 cation hereof. 21918 Akticle 2. The United States agree to pay for the said 21919 cession, in case the said New York Indians will be located on 21920 the said lands, at the rate of sixty cents per acre ; and it is 21921 hereby stipulated that the monies so to be paid shall be expended 21922 in a like manner, to promote the improvement of the Menom- 21923 onees, as is stipulated by the third article of the treaty of 21924 May twelfth, eighteen hundred and fifty-four, for the expendi- 21925 ture of the forty thousand dollars which had been set aside for 21926 their removal and subsistence, west of the Mississippi, by the 21927 treaty of October eighteenth, eighteen hundred and forty-eight. 21928 Aetiole 3. To promote the welfare and the improvement 2 1929 of the said Menomonees, and friendly relations between them 21930 and the citizens of the United States, it is further stipulated — 491 21931 1. That in case this agreement and the treaties made pre- 21932 viously with the Menomonees should prove insufficient, from 21933 causes which cannot now been [bej foreseen, to effect the said 21934 objects, the President of the United States may, by and with- 21935 the advice and consent of the Senate, adopt such policy in the 21936 management of the affairs of the Menomonees as in his judgment 21937 may be most beneficial to tbem ; or Ooligress may, hereafter, 21938 make such provision by law as experience shall prove to be 21939 necessary. 21910 2. That the Menomonees will suppress the use of ardent 21941 spirits among their people, and resist, by all prudent means, its 21942 introduction in their settlements. 21943 3. That the President of the United States, if deemed by 21944 him conducive to the welfare of the Menomonees, may cause 21945 their annuity monies to be paid to them in semi-annual or quar- 21946 terly instalments. 21947 4. That all roads and highways, laid out by authority of 21948 law, shall have right of way through the lands of the said 21949 Indians on the same terms as are provided by law for their lo- 21950 cation through lands of citizens of the United States. 21951 Akticlb 4. This instrument shall be binding upon the con- 21952 tracting parties whenever the same shall be ratified by the Pres- 21953 ident and Senate of the United States. 21954 Proclaimed 24th April, 1856. 21955 MIAMIS. 21956 Articles of a treaty made and concluded at 8t. Mary^s, in the State 21957 of Ohio, heticeen Jonathan Jennings, Lewis Cass, and Benja- 21958 min Farlce, commissioners of the United States, and the Miame 21959 Nation of Indians. 21960 Aktiole 1. The Miami Nation of Iildians cede to the 21961 United States the following tract of country : Beginning at the 21962 Wabash Eiver, where the present Indian boundary-line crosses 21963 the same, near the mouth of Eaccoon Creek ; thence up the 21964 Wabash Eiver, to the reserve at its head, near Fort Wayne ; 21965 thence to the reserve at Fort Wayne ; thence, with the fines 31966 thereof, to the St. Mary's Eiver ; thence up the St. Mary's Eiver 21967 to the reservation at the portage; thence, with the line of the 21968 cession made by the Wyandot Nation of Indians to the United 21969 States, at the foot of the Eapids of the Miami of Lake Erie, on 21970 the 29th day of September, in the year of our Lord one thou- 21971 sand eight hundred and seventeen, to the reservation at Lora- 492 21972 mie's store ; thence, with the present Indian boundary-line, to 21973 Fort Eecovery; and with the said line, following the courses 21974 thereof, to the place of beginning. S1975 Abticle 2. From the cession aforesaid the following reser- 21976 vations, for the use of the Miami IS'ation of Indians, shall be 21977 made : One reservation, extending along the "Wabash Eiver, 21978 from the mouth of Salamanie Eiver, to the mouth of Eel Eiver, 21979 and from those points, running due soxith, a distance equal to 21980 a direct line from the mouth of Salamanie Eiver to the mouth 21981 of Eel Eiver. One other reservation of two miles square, on the 21982 river Salamanie, at the mouth of Atchepongqwawe Greek. One 21983 other reservation of six miles square, on the Wabash Eiver, 21984 below the forks thereof. One other reservation of tea miles 21985 square, opposite the mouth of the river A Bouette. One other 21986 reservation of ten miles square, at the village on Sugar Tree 21987 Creek. One other reservation of two miles square, at the mouth 21988 of a creek called Flat Eock, where the road to White Eiver 21989 crosses the same. 21990 Article 3. The United States agree to grant, by patent, 21991 in fee-simple, to Jean Bapt. Eichardville, principal chief of the 21992 Miami Kation of Indians, the following tracts of land ; 21993 Three sections of land, beginning about twenty-five rods 21994 below his house, on the river St. Mary's, near Fort Wayne ; 21995 thence, at right angles with the course of the river, one mile ; 21996 and from this line and the said river, up the stream thereof, for 21997 quantity. 21998 Two sections upon the east side of the St. Mary's Eiver, 21999 near Fort Wayne, running east one mile with the line of the 22000 military reservation ; thence, from that line and from the river, 22001 for quantity. 22002 Two sections on the Twenty-seven-Mile Greek, where the 22003 road from St. Mary's to Fort Wayne crosses it, being one section 22004 on each side of said creek. 22005 Two sections on the left bank of the Wabash, commencing 22006 at the forks and running down the river. 22007 The United States also agree to grant to each of the fol- 22008 lowing persons, being Miami Indians by birth, and their heirs, 22009 the tracts of land herein described : 22010 To Joseph Eichardville and Joseph Eichardville, jun., two 22011 sections of land, being one on each side of the St. Mary's Eiver, 22012 and below the reservation made on that river by the treaty of 22013 Greenville in 1795. 2014 To Wemetche, or the Orescent, one section, below and ad- 015 joining the reservation of Anthony Ghesne, on the west side of 22016 the St. Mary's Eiver, and one section immediately opposite to 22017 Macultamunqua, or Black Loon. 00( 493 22018 To Keenquatakqua, or Long Hair; Aronzoc, or Twiligbt; 22019 Peconbequa, or a Woman Striking; Aughquamauda, or Diffl- 22020 culty, and to Miaghqua, or !N"oon, as joint tenants, five sections 22021 of land upon the Wabash Eiver, the centre of which shall be the 22022 Wyandot village, below the mouth of Tippecanoe Eiver. 22023 To Frangois Godfrey, six sections of land, on the Salamauie 22024 Eiver, at a place called La Petite Prairie. 22025 To Louis Godfrey, six sections of land, upon the St. Mary's 22026 Eiver, above the reservation of Anthony Shane. 22027 To Charley, a Miami chief, one section of land, on the west 22028 side of the St. Mary's Eiver, below the section granted to Pe- 22029 raetche, or the Orescent. 22030 To the two eldest children of Peter Langlois, two sections 22031 of land, at a place formerly called Village du Puant, at the 22032 mouth of the river called Pauceaupichoux. 22033 To the children of Antoine Bondie, two sections of land, on 22034 the border of the Wabash Eiver, opposite a place called I'Esle a 22035 I'Aille. 22036 To Frangois Lafontaine and his son, two sections of land, 22037 adjoining and above the two sections granted to Jean Bapt. 22038 Eichardville, near Fort Wayne, and on the same side of the St. 22039 Mary's Eiver. 22040 To the children of Antoine Eivarre, two sections of land, 22041 at the mouth of the Twenty-seven-Mile Creek, and below the 22042 same. 22043 To Peter Langlois' youngest child, one section of land, oppo- 22044 site the Chipaille, at the Shawnese village. 22045 To Peter Labadie, one section of land, on the river St. Mary's, 22046 below the section granted to Charley. 22047 To the son of George Hunt, one section of land, on the west 22048 side of the St. Mary's Eiver, adjoining the two sections granted 22049 to Frangois Lafontaine and his sou. 22050 To Meshenoqua or the Little Turtle, one section of land, on 22051 the south side of the Wabash, where the portage path strikes 22052 the same. 22053 To Josette Beaubien, one section of land on the left bank of 22054 the St. Mary's, above and adjoining the three sections granted 22055 to Jean Bapt. Eichardville. 22056 To Ann Turner, a half-blooded Miami, one section of land on 22057 the northwest side of the Wabash Eiver, to commence at the 22058 mouth of Fork Creek, on the west bank of the said creek, and 22059 running up said creek one mile in a direct line, thence at right 22060 angles with this line for quantity. 22061 To Eebecca Hackley, a half-blooded Miami, one section of 22062 land, to be located at Munsey Town, on White Eiver, so that -i-fc 22063 shall extend on both sides to include three hundred and twenty 494 22064 acres of the prairie, ia the bend of the river, where the bend 22065 assumes the shape .of a horseshoe. 22066 To William Wayne Wells, a half blooded Miami, one section -22067 of land at the mouth of the Fork Greek, where the reservation 22068 for Ann Turner commences, running down the Wabash Eiver on 22069 the northwest bank one mile; thence back one mile, thence east 22070 one mile, to the boundary line of the grant to Ann Turner. 22071 To Mary Wells, a half-blooded Miami, one section of land, 22072 at the mouth of Stoney Creek, on the southeast side of the Wa. 22073 bash Eiver, the centre of which shall be at the mouth of said 22074 creek, running with the meanders thereof, up and down the Wa- 22075 bash Eiver, one half mile, and thence back for quantity. 22076 To Jane Turner Wells, a half-blooded Miami, one section of 22077 land, on the northwest side of the Wabash Eiver, to commence 22078 on the west bank of said river, opposite the old lime kiln ; thence 22079 down the said river one mile and back for quantity. 22080 Akticle 4. The Miami Nation of Indians assent to the ces. 22081 sion made by the Kickapoos to the United States, by the treaty 22082 concluded at Yincennes, on the ninth day of December, one 22083 thousand eight hundred and nine. 22084 Akticle 5. In consideration of the cession and recognition 22085 aforesaid, the United States agree to pay to the Miami Nation of 22086 Indians a perpetual annuity of fifteen thousand dollars, which, 22087 together with all annuities which, by any former treaty, the 22088 United States have engaged to pay to the said Miami Nation of 22089 Indians, shall be paid in silver. 22090 The United States will cause to be built for the Miamis one 22091 grist-mill and one saw-mill, at such proper sites as the chiefs of 22092 the nation may select, and will ijrovide and support one black- 22093 smith and one gunsmith for them, and provide them with such 22094 implements of agriculture as the proper agent may think neces. 22095 sary. 22096 The United States will also cause to be delivered, annually 22097 to the Miami Nation one hundred and sixty bushels of salt. 22098 Article 6. Tlie several tracts of land which, by the third 22099 article of this treaty, the United States have engaged to grant 22100 to the persons therein mentioned, except the tracts to be granted 22101 to Jean Bapt. Eichardville, shall never be transferred by the said 22102 persons or their heirs, without the approbation of the President 22103 of the United States. 22104 Article 7. This treaty shall be obligatory on the contract" 22105 ing parties after the same shall be ratified by the President of 22106 the United States, by and with the advice and consent of the 22107 Senate thereof. 22108 Proclaimed January 15, 1819. 9' 495 22109 Articles of a treaty made and concluded, near the mouth of the 22110 Mississinewa, upon the Wabash, in the State of Indiana, this 22111 twenty-third day of October, in the year of our Lord one thou- 22112 sand eight hundred and twenty-six, betiveen Leivis Cass, James 22113 B. Bay, and John Tipton, commissioners on the part of the 22114 United States, and the chiefs and warriors of the Miami tribe 22115 of Indians. 22116 Aeticle L The Miami tribe of Indians cede to the United 22117 States all their claim to land in the State of Indiana, north and 22118 west of the Wabash and Miami Elvers, and of the cession made 22119 by the said tribe to the United States by the treaty concluded 2120 at St. Mary's, October 6, 1818, (proclaimed January 15, 1819.) 22121 Article 2. From the cession aforesaid the following reser- 22122 vations, for the use of the said tribe, shall be made : 22123 Fourteen sections of land at Seek's Village. 22124 Five sections for the Beaver, below and adjoining the pre- 22125 ceding reservation. 22126 Thirty-six sections at Flat Belly's Village. 22127 Five sections for Little Charley, above the old village, on the 22128 north side of Eel Eiver. 22129 One section for Laventure's daughter, opposite the islands, 22130 about fifteen miles below Fort Wayne. 22131 One section for (Jhapine, above and adjoining Seek's Village. 22132 Ten sections at the White Eaccoon's Village. 22133 Ten sections at the moutli of Mud Greek, on Eel Eiver, at 22134 the old village. 22135 Ten sections at the forks of the Wabash. 22136 One reservation commencing two miles and a half below the 22137 mouth of the Mississinewa, and running up the Wabash five 22138 miles, with the bank thereof, and from these points running due 22139 north to Eel Eiver. 22140 And it is agreed that the State of Indiana may lay out a 22141 canal or a road through any of these reservations ; and for the 22142 use of a canal, six chains along the same are hereby appropri- 22143 ated. 22144 Article 3. There shall be granted to each of the persons 22145 named in the schedule hereunto annexed, and to their heirs, the 22146 tracts of land therein designated ; but the land so granted shall 22147 never be conveyed without the consent of the President of the 22148 United States. " 22149 Article 4. The commissioners of the United States have 22150 caused to be delivered to the Miami tribe goods to the value of 22151 $31,040.53, in part consideration for the cession herein made ; 22152 and it is agreed that if this treaty shall be ratified by the Pres- 22153 ident and Senate of the United States, the United States shall 496 22154: pay to the persons named ia the schedule this day signed by 22155 the commissioners, and transmitted to the War Department, the 22156 sums affixed to their names respectively, for goods furnished by 23157 them, and amounting to the sum of $31,040.53. And it is further 22158 agreed that payment for these goods shall be made by the 22159 Miami tribe out of their annuity, if this treaty be not ratified 22160 by the United States. 22161 And the United States further engage to deliver to the said 22162 tribe, iu the course of the next summer, the additional sum of 22163 $26,259.47. 22164 And it is also agreed that an annuity of thirty-five thousand 22165 dollars, tea thousand of which shall be in goods, shall be paid 22166 to the said tribe in the year one thousand eight hundred and 22167 twenty-seven, and thirty thousand dollars, five thousand of 22168 which shall be in goods, in the year one thousand eight hundred 22169 and twenty-eight; after which time a permanent annuity of 22170 twenty-five thousand dollars shall be paid to them, as long as 2217 1 they exist together as a tribe ; which several sums are to include 22172 the annuities due by preceding treaties to the said tribe. 22173 And the United States further engage to furnish a wagon 22174 and one yoke of oxen for each of the following persons, namely, 22175 Joseph Eichardville, Black Raccoon, Flat Belly, White Eaccoon, 22176 Francois Grodfroy, Little Beaver, Mettosanea, Seek, and Little 22177 Huron ; and one wagon and a yoke of oxen for the band living 22178 at the forks of the Wabash. 22179 And also to cause to be built a house, not exceeding the value 22180 of six hundred dollars for each of the following persons, namely, 22181 Joseph Eichardville, Francois Godfrey, Louison Godfrey, Francis 22182 Lafontaine, White Eaccoon, La Gros, Jean B. Eichardville, Flat ' 22183 Belly, and Wau-we-as-see. 22184 And also to furnish the said tribe with two hundred head of 22185 cattle, from four to six years old, and two hundred head of hogs ; 22186 and to cause to be annually delivered to them two thousand 22187 pounds of iron, one thousand pounds of steel, and one thousand 22188 pounds of tobacco. 22189 And to provide five labourers to work three months in the 22190 year for the small villages, and three labourers to work three 22191 months in the year for the Mississinewa band. 22192 Aeticle 5. The Miami tribe being anxious to pay certain 22193 claims existing against them, it is agreed, as a part of the con- 22194 sideration for the cession in the first article, that these claims, 22195 amounting to $7,727.47, and which are stated in a schedule this 22196 day signed by the commissioners, and transmitted to the War 22197 Department, shall be paid by the United States. 22198 Aeticle 6. The United States agree to appropriate the 22199 sum of two thousand dollars annually, as long as Congress may 497 22200 think proper, for the support of poor infirm persons of the 22201 Miami tribe, and for the education of the youth of the said 22202 tribe ; which sum shall be expended under the direction of the 22203 President of the United States. 22204 Article 7. It is agreed that the United States'shall'pur- 22205 chase of the persons named in the schedule hereunto annexed 22206 the land therein mentioned, which was granted to them by the 22207 treaty of St. Mary's, and shall pay the price afQxed to their 22208 names respectively ; the payments to be made when the title to 22209 the lands is conveyed to the United States. 22210 Article S./Ihe Miami tribe shall enjoy the right of hunt- 22211 ing upon the land herein conveyed, so long as the same shall be 22212 the property of the United States. 22213 Article 9. This treaty, after the same shall be ratified by 22214 the President and Senate, shall be binding upon the United 22215 States. 22216 Proclaimed January 24, 1827. 22217 Soliediile of grants referred to in tJw foregoing treaty, article 3d. 22218 To John B. Eichardville, one section of land, between the 22219 mouth of Pipe Creek and the moutli of Eel Eiver, on the north 22220 side of the Wabash, and one section on the northwest side of 22221 the St. Joseph, adjoining the old boundary line; also, one half 22222 section on the east side of the St. Joseph's, below Oha-po-tee's 22223 village. 22224 To John B. Boure, one section on the north side of the St 22225 Joseph, including Chop-patees village. 22226 To the wife and children of Charley, a Miami chief, one 22227 section where they live. 22228 To Ann Hackley and Jack Hackley, one section each, be- 22229 tween the Maumee and the St. Joseph's Elvers. 22230 To the children of Maria Christiana De Eome, a half-blood 22231 Miami, one section between the Maumee and the St. Joseph's. 22232 To Ann Turner, alias Hackley, Eebecca Hackley, and Jane 22233 S. Wells, each one half section of land, to be located under the 22234 direction of the President of the United States. 22235 To John B. Eichardville, one section of land upon the north 22236 side of the Wabash, to include a large spring nearly opposite 22237 the mouth of Pipe Creek. 22238 To Francois Godfr-oy, one section above and adjoining said 22239 last grant to J. B. Eichardville. 22240 To Louison Godfroy, one section above and adjoining the 22241 grant to Francois Godfroy. 22242 To Francis Lafontaine, one section above and adjoining the 22243 grant to Louison Godfroy. 63 IT 498 22244 To John B. Eichardville, junior, one section on the Wabash, 22245 below and adjoihing the reservation running from the Wabash 22246 toEelEiver. 22247 To Joseph Eichardville, one section above and adjoining the 22248 ressrvation running from the Wabash to Eel Eiver. 22249 To La Gros, three sections, where he now lives, and one 22250 section adjoining the Cranberry in the Portage Prairie. 22251 A quarter-section of land to each of the following persons, 22252 namely": Charles Gouiu, Purri Gouin, and Therese Gouin, to be 22253 located under the direction of the President of the United States. 22254 Two sections of land at the old town on Eel Eiver, to be re- 22255 serV^ed for the use of the Metchinequea. 22256 This treaty to be binding, when ratified by the Presi 22257 dent. 33258 Proclaimed December 22, 1837. 22269 Articles of a treaty between the United States and the Miami tribe 22260 of Indians, concluded at the Forlcs of the Wabash, in the State 22261 of Indiana, on the 23d day of October, 1834, by and between 22262 William Marshall, commissioner of the United States, and the 22263 chiefs and warriors of said tribe. 22264 Article 1. The Miami tribe of Indians agree to cede to the 22265 United States the following-described tracts of land within the 22266 State of Indiana, being a part of reservations made to said tribe 22267 from former cessions, now conveyed for and in consideration of 22268 the payments stipulated to be made to them in the 2d article of 22269 this treaty of cession : 22270 One tract of land, thirty-six sections, at Flat Belly's Vil- 22271 lage, a reserve made by the treaty of Wabash of 1826, (pro- 22272 claimed January 24, 1827.) 22273 Also, one tract of land, about twenty-three thousand acres, 22274 more or less, a reserve made at Wabash treaty in 1826, of five 22275 miles in length on the Wabash Eiver, extending back to Eel 22276 Eiver. 22277 Also, one other tract of ten sections at Eacoou Village, and 22278 a tract of ten sections at Mud Creek, on Eel Eiver, reserves 22279 made at Wabash treaty of 1820. 22280 Also, one reserve of two miles square on the Salamany 22281 Eiver, at the mouth of At-che-pongqua Creek, reserve made at 22282 the treaty of St. Mary's of 1818, (proclaimed January 15, 1819.) 22283 Also, one other tract, being a portion of the ten-mile square 22284 reserve made at the treaty of St. Mary's of 1818, opposite the 22285 mouth of the river Aboutte, commencing at the northeast corner 22286 of said reserve, thence south, with the eastern boundary of the 499 22287 same, ten miles, to the southeast corner of the reserve, thenc^ 22288 west, with the southern boundary, one mile, thence north nine 22289 miles, thence west nine miles, thence north one mile, to the 32290 northwest corner of said reserve, thence to the place of begin- 22291 ning. 22292 The Miamies also agree to cede a portion of their big reserve, 22293 made at the treaty of St. Mary's of 1818, situated southeast of 22294 the Wabash, extending along the Wabash River from the mouth 22295 of Salamany Elver to the mouth of Eel River. The part now 22296 ceded shall be embraced within the following bounds, to wit: 22297 Commencing on the Wabash River, opposite the mouth of Eel 22298 River, running up said Wabash River eight miles, thence south 22299 two miles, thence westwardly one mile, thence south to the south- 22300 ern boundary of said reserve, thence along said boundary-line 22301 seven miles to the southwest corner, thence northerly with the 22302 western boundary-line to the place of beginning. 22303 Aeticle 2. For and in consideration of the cession made 22304 in the first article of this treaty, the United States agree to pay 22305 the Miami tribe of Indians the sum of two hundred and eight 22306 thousand dollars ; of this sum fifty-eight thousand dollars to be 22307 paid within six months from the ratification of this treaty, fifty 22308 thousand dollars to be applied to the payment of the debts of 22309 the tribe, and the remaining sum of one hundred thousand dol- 22310 lars in annual instalments of ten thousand dollars per year. 22311 Article 3. From the cession made in the first article of 22312 this treaty, there shall be granted to each of the persons named 22313 in the schedule hereunto annexed, and to their heirs and assigns, 22314 by patent from the President of the United States, the lands 22315 therein named. 22316 Akticle 4. It is agreed, between the parties to this treatyj 22317 that a patent in fee-simple shall be issued by the President of 22318 the United States to John B. Richard ville, principal chief of the 22319 Miami tribe, for a reserve of ten sections at the Porks of the 22320 Wabash, made to said tribe by treaty of twenty-third October^ 22321 1826, he having an Indian title to the same, a copy of which, 22322 marked A, accompanies this treaty. 22323 Aeticle 5. The United States agree to furnish a skilfu^ 22324 miller to superintend a mill for the Miamies, in lieu of the gun 22325 smith promised by the 5th article of the treaty of St. Mary's of 22326 1818. 22327 Article C. The United States agree to have the buildings 22328 and improvements on the lands ceded by the first article of this 22329 treaty valued ; to cause a similar amount in value laid out in 22330 building, clearing, and fencing ground, for the use of the Indians, 22331 on sach place or places as their chiefs may select, and that the 22332 Indians have peaceable possession of their houses and improve- 500 22333 ments on the lands ceded in the first article of this treaty until 22334 the improvements are made as provided for in this article. 22335 Article 7. The United States agree to pay the Miami 22336 Indians fifteen hundred dollars for horses lieretofore stolen from 22337 them by the whites. 22338 Article 8. The United States agree to cause patents in fee- 22339 simple to issue to the following-named persons for the several 22340 tracts of land attached to their names, granted to them by for- 22341 mcr treaties, to Avit : 22342 To Little Charley, for five sections of land, above the old 22343 village, on the north side of Eel Eiver, granted to him by treaty . 22344 of Wabash of 1826, (proclaimed January 24, 1827.) 22345 To Laronture's daughter, for one section of land on the 22346 Maumee Eiver, granted to her by treaty of Wabash of 1826, 22347 (proclaimed January 24, 1827.) 22348 To To-pee-ah, son of Francis Lafontain, for one section, 22349 granted him by treaty of St. Mary's of 1818, (proclaimed Jau- 22350 uary 15, 1819.) 22351 To Met-chin-e-quea, for two sections of laud granted him by 22S52 treaty of Wabash of 1826, at the old town on Eel Eiver. 22353 To Francis Godfroy, for four sections of land on the Salam- 22354 any Eiver, granted him at treaty of St. Mary's of 1818, being 22355 the residue of what he now holds of said grant. 22356 Article 9. There shall be granted to Hugh Hanna one 22357 quarter section of land, in lieu of one selected and not approved 22358 on the grant made to Guire at treaty of Wabash of 1826, (Hanna 22359 having purchased of Guire,) the selection to be made under the 22360 direction of the President of the United States. 22361 Schedule of grants referred to in the third article 22362 To Francis Godfroy, one section of laud at the lower line of 22363 the five-mile reserve on the Wabash Eiver, to be located adjoin- 22364 ing the town of Peru; one half section to be located on. said 22365 Wabash Eiver opposite his trading-house, and one half section 22366 to be located on that part of the big reserve southwest side the 22367 Wabash, above and adjoining the two sections granted to John B. 22368 Eichardville, and one half section back and adjoining theonegrant- 22369 ed to said John B. Eichardville, opposite the mouth of Eel Eiver. 22370 To To-peah, one section of land, commencing one mile from 22371 the northeast corner of the ten-mile reserve, opposite the mouth 22372 of Aboit Eiver, (granted by treaty of St. Mary's of 1818,) thence 22373 south one mile, thence west one mile, thence north one mile, 22374 thence east to the place of beginning. 22375 To Wa-pa-se-pah, sou of Lafontain, one section of land west 22316 and adjoining the one to To-pee-ah. 501 22377 To Ne-ah-long-quaw, two sections of land west and adjoin- 22378 ing the one to Wa-pa-se-pah. 22379 To A-saw-som-ma-quah, or Susan, one section of land west 22380 and adjoining the two to Ne-ah-long-quaw. 22381 To Poqua, son of Francis Godfroy, one half section west and 22382 adjoining the one to Susan. 22383 To Francis Godfroy, one half section of land west and ad- 22384 joining the one to Poqua. 22385 To Paul Longlois, one section of land on the Wabash River, 22386 to include his field. 22387 To Chaxjpene, one section, of land, to include Racoon vil- 22388 lage, commencing two poles west of the grave-yard northwest 22389 of the village; thence on an easterly direction to river About; 22390 thence with said river until it strikes the reserve line; thence 22391 with said line for quantity to include within the bounds one sec- 22392 tion of land ; also one other section of land, west and adjoining 22393 the half section granted to Francis Godfroy, on the ten-mile 22394 reserve. 22395 To John B. Richardville, principal chief of the Miami tribe, 22396 one section of land on the five-mile reserve, opposite the mouth 22397 of the Mississineway River, to include the improvement made 22398 by Joseph Richardville, deceased ; also one quarter section of 22399 land on the Wabash River, at the upper part of the five-mile 22400 reserve; also two sections of land on the big reserve, commenc- 22401 ing on the Wabash River, opposite the mouth of Eel River, run- 22402 ning up said river two miles, thence back for quantity so as to 22403 include within the bounds two sections of land. 22404 To Mac-keh-tehmaug-guaw, or Black- Loon, one section of 22405 land, to be located on the Wabash River, at the ui^per line of 22406 that part of the big reserve ceded by the first article of this 22407 -treaty. 22408 To Ghin-guaqua, or Duck, one section of land, to be located 22409 on said Wabash River, below and adjoining the one granted to 22410 Black Loon. 22411 To O-san-dear, one section of land back and adjoining the 22412 one granted to Black Loon. 22413 To Wa-pa-pe-she, one section of land back and adjoining the 22414 one granted to Duck. 22415 To Peter Longlois, one half section of land, to be located at 22416 a point on Wildcat, where the old trace from Mississineway to 22417 Thorntown crosses the same. 22118 To the sons of Dupee, one half section of land, to be located 22419 on the reserve at Racoon Village, to be located under the direc- 22420 tion of the President of the United States. 22421 To Peter Guier, one half section of land, to bs located back 22422 of the one granted to Wa-pa-pe-she. 502 22423 To Wa-pee-mung-quah, one section of land on the ten-mile 22424 reserve, adjoining the one to Ohappene. 22425 To Ca-ta-ke-mon-gua, daughter of Godfroy and Angelique, 22426 one section of land, to be located adjoining the one to Wau-pee- 22427 mung-guah. 22428 To Eebecea Hackley, one quarter section of land, to be lo- 22429 cated under the direction of the President of the United States. 22430 And whereas the assent of the chiefs and warriors of the 22431 said tribe of Indians, required by the aforesaid resolution of the 22432 Senate, has been given to the said amendment, which assent is 22433 as follows, viz : 22434 We, the chiefs and warriors of the Miami Nation of Indians, 22435 residing in the State of Indiana, having assembled in general 22436 council, and having seen and duly examined each and all of the 22437 amendments made by the Senate in the treaty negotiated be- 22438 tween said nation and Gen. William Marshall, commissioner 22439 on the part of the United States, on the 23d of October, 1834, 22440 and the same having been fully and clearly explained to us, do 22441 hereby give our assent to each and all of them, in compliance 22442 with the requisition of the resolution of the Senate of the twelfth 22443 of October, 1837, advising and consenting to the ratification of 22444 said treaty. 22445 Proclaimed December 22, 1837. 22446 Articles of a treaty made and concluded at the Forks of the 22447 Wabash, in the State of Indiana, between the United States of 22448 America, by her commissioner, Abel C. Pepper, and the Miami 22449 tribe of Indians, on the sixth day of N'ovemher, in the year of 22450 our Lord eighteen hundred and thirty-eight. 22451 Article 1. The Miami tribe of Indians hereby cede to the 22452 United States all that tract of land lying south of the Wabash 22453 Eiver and included within the following bounds, to wit : Com- 22454 mencing at a point on said river where the western boundary- 22455 line of the Miami reserve intersects the same, near the mouth of 22456 Pipe Creek; thence south two miles; thence west one mile; 22457 thence south along said boundary-line, three miles ; thence east 22458 to the Mississinnewa Eiver ; thence up the said river with the 22459 meanders thereof to the eastern boundary -line of the said Miami 22460 reserve ; thence north along said eastern boundary-line to the 22461 Wabash Eiver; thence down the said last-named river, with 22462 the meanders thereof, to the place of beginning. 22463 The said Miami tribe of Indians do also hereby cede to the 22464 United States the three following reservations of land made for 22465 the use of the Miami Nation of Indians by the 2d article of a 503 22466 treaty made aad concluded at 81". Mary's, in the State of Ohio, 22467 on the 6th of October, 1818, to wit, (proclaimed January 15, 1819 :) 22468 The reservation on the Wabash Eiver, below the forks 22469 thereof; 22470 The residue of the reservation opposite the mouth of the 22471 river Abouette; 22472 The reservation at the mouth of a creek called Flat Eock, 22473 where the road to White Eiver crosses the same. 22474 Also one other reservation of land made for the use of said 22475 tribe at Seeks tillage, on Eel Eiver, by the 2d article of a treaty 22476 made and concluded on the 23d October, 1820, (proclaimed 22477 January 24, 1827.) 22478 Article 2. From the cession aforesaid, the Miami tribe 22479 reserve for the band of Me-to-sin-ia, the following tract of land, 22480 to wit : Beginning on the eastern boundary-line of the big re- 22481 serve, where the Mississinnewa Eiver crosses the same ; thence 22482 down said river with the meanders thereof to the mouth of the 22483 creek called Forked Branch ; thence north two miles ; thence in 22484 a direct line to a point on the eastern boundary-liue two mile's 22485 north of the place of beginning ; thence south to the place of 22486 beginning, supposed to contain ten square miles. 22487 Article 3. In consideratiou of the cession aforesaid, the 22488 United States agree to pay the Miami tribe of Indians three 22489 hundred and thirty-five thousand six hundred and eighty 22490 dollars ; sixty thousand dollars of which to be paid immediately 22491 after the ratification of this treaty and the appropriation to 22492 carry its provisions into effect; and the residue of said sum, 22493 after the payment of claims hereinafter stipulated to be paid, 22494 in ten yearly instalments of twelve thousand five hundred and 22495 sixty-eight dollars per year. 22496 Article 4. It is further stipulated that the sum of six 22497 thousand eight hundred dollars be paid John B. Eichardville ; 22498 and the sum of two thousand six hundred and twelve dollars be 22499 paid Francis Godfrey; which said sums are their respective 22500 claims against said tribe jirior to October 23, 1834, excluded 22501 from investigation by the late commissioner of the United 22502 States, by reason of their being Indians of said tribe. 22503 Article 5. The said Miami tribe of Indians being anxious 22504 to pay all their just debts, at their request it is stipulated that 22505 immediately after the ratification of this treaty the United States 22506 shall appoint a commissioner or commissioners, who shall be 22507 authorized to investigate all claims against said tribe which 22508 have accrued since the 23d day of October, 183 1, without regard 22509 to distinction of blood in the claimants, and to pay such debts 22510 as; having accrued since the said period, shall be proved to his 22511 or their satisfaction to be legal and just. 504 22512 Article 6. It is further stipulated that the sum of one 22513 hundred and fifty thousand dollars, out of the amount agreed 22514 to be paid said tribe in the third article cf this treaty, shall be 22515 set apart for the payment of the claims under the provisions of 22516 the fourth and fifth articles of this treafy, as well as for the pay- 22517 ment of any balance ascertained to be due from said tribe by 22518 the investigation under the provisions of the treaty of 1834 ; 22519 and should there be au unexpended balance in the hands of 22520 said commissioner or commissioners after the payment of said 22521 claims, the same shall be paid over to the said tribe at the pay- 22522 ment of their next subsequent annuity ; but should the said sum 22523 so set apart for the purpose aforesaid be found insufEicieut to 22524 pay the same, then the ascertained balance due on said claims 22525 shall be paid in three equal instalments from the annuities of 22526 said tribe. 22527 And the said Miami tribe of Indians through this publicin- 22528 strument proclaim to all concerned that no debt or debts that 22529 any Indian or Indians of said tribe may contract with any pev- 22530 son or persons shall operate as a lieu on the annuity or annuities, 22531 nor on the land of the said tribe for legal enforcement. JSTor 22532 shall any person or persons other than the members of said Mi- 22533 ami tribe, who may by sufferance live on the land of, or inter- 22534 marry in, said tribe, have any right to the land or any interest 22535 in the annuities of said tribe, until such person or persons shall 22536 have been by general council adopted into their tribe. 22537 Article 7. It is further stipulated that the United States 22538 will cause the buildings and improvements on the laud hereby 22539 ceded to be appraised, and have buildings and improvements of 22540 a corresj)onding value made at such places as the chiefs of said 22541 tribe may designate ; and the Indians of said tribe are to re- 22542 main in the peaceable occupation of their present improvements 22543 until the United States shall make the said corresponding im- 22544 provements. 22545 Article 8. It is further stipulated that the United States 22546 patent to Beaver the five sections of land, and to Ghapine the 22547 one section of land, reserved to them respectively in the second 22548 article of the treaty made anno Domini 1826, (proclaimed Jan- 22549 uary 24, 1827,) between the parties to the present treaty. 22550 Article 9. The United States agree to cause the boundary- 22551 lines of the land of said tribe in the State of Indiana to be sur- 22552 veyed and marked within the period of one year after the rati- 22553 flcation of this treaty. 22554 Article 10. The United States stipulate to possess the 22555 Miami tribe of Indians of, and guarranty to them forever, a 22556 country wpst of the Mississippi Elver, to remove to and settle 22557 on, when the said tribe may he disposed to emigrate from their pres- 505 22558 ent country, and tliat guairanty is hereby pledged. And the said 22559 country shall be sufficient in extent, and suited to their wants 22560 and condition, and be la a region contiguous to that in the oc- 22561 cupation of the tribes which emigrated from the States of Ohio 22562 and Indiana. And when the said tribe shall have emigrated, 22563 the United States shall protect the said tribe an 1 the people 22564 thereof in their rights and possessions against the injuries, en- 22565 croachments, and oppressions of any person or persons, tribe, 22566 or tribes whatsoever. 22567 Article 11. It is further stipulated that the United States 22568 will defray the expenses of a deputation of six chiefs or head- 22569 men to explore the country to be assigned to said tribe west of 22570 the Mississippi River. Said deputation to be selected by said 22571 tribe in general council. 22572 Article 12. The United States agree to grant by patent 22573 to each of the Miami Indians named in the schedule hereunto 22574 annexed the tracts of land therein respectively designated. 22575 And the said tribe in general council request that the patents 22576 for the grants in said schedule contained, shall be transmitted 22577 to the principal chief of said tribe, to be by him distributed to 22578 the respective grantees. 22579 Article 13. It is further stipulated that should this treaty 22580 not be ratified at the next session of the Congress of the United 22581 States, then it shall be null and void to all intents and purposes 22582 between the parties. 22583 Article 14. And whereas John B. Richardville, the prin- 22584 cipal chief of said tribe, is very old and infirm, and not well 22585 able to endure the fatigue of a long journey, it is agreed that 22586 the United States will pay to him and his family the proportion 22587 of the annuity of said tribe which their number shall indicate 22588 to be due to them, at Fort Wayne, whenever the said tribe shall 22589 emigrate to the country to be assigned them west as a future 22690 residence. 22591 Article 15. It is further stipulated that as long as the 22592 Congress of the United States shall in its discretion make an 22593 appropriation under the sixth article of the treatj' made be- 22594 tween the United States and 'said tribe in the year 1826, for the 22595 support of the infirm and the education of the youth of said 22596 tribe, one-half of the amount so appropriated shall be paid to 22597 the chiefs, to be by them applied to the support of the poor and 22598 infirm of said tribeJn such manner as shall be most beneficial. 22599 Article 16. This treaty, after the same shall be ratified by 22600 the President and Senate of the United States, shall be binding 22601 on the contracting parties. 22602 Proclaimed February 8, 1839, 64 it 506 22603 Schedule of grants referred to in the foregoing treaty, article twelve. 22604 To John B. Eichardville, principal chief, 22605 Two sections of land, to include and command th©^ principal 22606 falls of Pipe Creek. . ; 22607 Three sections of land, commencing at the; mouth of the 22608 Salamania Eiyer, thence running three miles down thp W^-^ash 22609 Eiver, and one mile up the Salamania Eiver. ., 22610 Two sections of land, commencing at the mouth o^ the Mis- 22611. sissinnewa Eiver, thence down the Wabash Eiver two miles, 22612. .and up. the Mississinnewa Eiver one mile.; , , ; 22613 One and one-half section of land on the Wabash Eiver at 22614 the mouth of Flat Eock, (creek,) to include his :mills; and the 22615 privileges thereof. ■ i .. . . ; 22616 One section of land on the Wabash Eiver opposite the town 22617 of Wabash: . , / 22618 AH of which said trects of land are to be surveyed as 22619 directed by the said grantee. 22620 To Francis Godfroy, a chief, one section of land opposite 22621 the town of Peru and on the Wabash Eiver. 22622 One section of land on Iiittle Pipe Creek, to include his 22623 mill and the privileges therieof. 22624 Four sections of land where. he now lives. • 22625 All which said tracts of land are to be surveyed as directed 22626 by the said grantee. 22627 To Po qua Godfroy, one section of land to run one mile on 22628 the Wabash Eiv«r,.and to include the improvements where he 22629 now lives.. 22630 To Catherine Godfrey, daughter of Francis Godfroy, and her 22631 children, one section xjf land to run one mile on the Wabash 22632 Eivfer, and to Include the improvement where she now lives. 22633 To Kah-tah-mongquah, son of Susan Eicbwdville, one half 22634 section of land on the Wabash Eiver, below. and adjoining the 22635 three sections granted to John B. Eichardville. 22636 To Mong.gO'Sah, son of La Blonde, one half section of land 22637 on the Wabash Eiver, below and adjoining the half section 22638 granted to Kah-tah-mongquah. 22639 To Peter Gouin, one section of land on the Sixth Mile Ee- 22640 serve, commencing where the northern line of said, reserve inter- 22641 sects the Wabash Eiver ; thence down said. river one mile and 22642 back for quantity. 22643 To Mais-shilgonin-mi-zah, one section of land,, to include the 22644, "Deer Lick," alias La Saline, on the cr«ek that enters the Wa- 22645 bash Eiver, nearly opposite the tow,n of Wabash. 22646 To 0-zah-shinquah and the wife of Brpnilette, daughters of 22647 the "Deaf Man," as tenants in conimon, one sectjon of land on 507- 22648 the Mississintiewa Eiver, to include the improvements where 22649 they now iWe. 22650 To 0-san-di-ah, one section of land where he now lives on 22651 the Mississiunewa River, to include his improvements. 22652 To Wah-pi-pin-cha. one section of land on the Mississinne wa 22653 River, directly opposite the section granted to O-san-di-ah. 22654 To Mais-zi-quah, one section of land on the Wabash Eiver, 22655 commencing at the lower part of the improvement of Old Sally ; 22656 thence up said river one mile and back for quantity. 22657 To Tah-ko-nong, one section of land where he now lives on 22658 the Mississiunewa Eiver. 22659 To Cha-i)ine, one section of land where he now liv«s on the 22660 Ten Mile Reserve. 22661 To White Loon, one section of land at the crossing of Loiig- 22662 lois's Creek, on the Ten Mile Reserve, to ran up said creek. 22663 To Francis Godfrey, one section of land, to be located where 22664 he shall direct. 22665 To Neh-wah-ling-quah, one section of land where he now 22666 lives on the Ten Mile jReserve. 22667 To La Fountain, one section of laud south of the section he 22668 now lives on and adjoining the same, on the Ten Mile Reserve. 22669 To Seek, one section of land south of the section of land 22670 granted to Wa-pa-se-pah by the treaty of 1834, on the Ten Mile 22671 Reserve. 22672 To Black Loon, one section of land on the Six Mile Reserve, 22673 commencing at a line which will divide his field on the Wabash 22674 River; thence up the river one mile and back for quantity. 22675 To Duck, one section of land on the Wabash River below 22676 and adjoining the section granted to Black Loon, and one mile 22677 down said river, and back for quantity. 22678 To Me-cha-nequa, a chief, alias Gros-mis, one section of 22679 land where he now lives ; 22680 One section to include his field on the Salamania River ; 22681 One and one half section commencing at the Wabash Riyer 22682 where the road crosses the same from John B. Richard ville, jr.'s ; 22683 thence down the said river to the high bank on Mill Creek; 22684 thence back so as to include a part of the prairie, to be surveyed 22685 as directed by said chief. 22686 To Tow-wah-keo-shee, wife of Old Pish-a-wa, one section of 22687 land on the Wabash River below and adjoining the half section 22688 granted to Mpn-ro-sah. 22689 To Ko-was see, a chief, one section of land, now Seeks le- 22690 serve, to include his orchard and improvements. 22691 To Black Loon, one section of land on the Six Mile Reserve 22692 and on the Salamania River, to include his improvements. 22693 To the wife of Benjamin, Ah-raac kon-zee-quah, one section 508 22694 of land where she now lives, near the prairie, and to include 22695 her improvements, she being commonly known as Pichoux's 22696 sister. 22697 To Pe-she-wah, one section of land above and adjoiuing the 22698 section and a half granted to John B. Ilichardville on Flat Eock, 22399 (creek,) and to run one mile on the Wabash Eiver. 22700 To White Raccoon, one section of land on the Ten Mile 22701 Reserve, where he may wish locate the same. 22702 To La Bonde, the chiefs daughter, one section of land on 22703 the Wabash Eiver, below and adjoining the section of land 22704 granted to Francis Godfrey, to be surveyed as she may direct. 22705 To Ni-con-zah one section of land on the Mississinnewa 22706 Eiver, a little above the section of land granted to the Deaf 22707 Man's daughters, and on the opposite side of the river, to 22708 include tlie pine or evergreen tree, and to be surveyed as he 22709 may direct. 22710 To John B. Eichardville, one section of land, to include the 22711 Osage village on the Mississinnewa Eiver, as well as the bury- 22712 ing ground of his family, to be surveyed as he may direct. 22713 To Kee-ki-lash-e-we-ah alias Grodiroj, one half section of land 22714 back of the section granted to the principal chief opposite the 22715 town of Wabash, to include the creek ; one half section of land, 22716 commencing at the lower corner of the section granted to Mais- 22717 zi-quah, thence half a mile down the Wabash Eiver. 22718 To Al-lo-lah, one section of land above and adjoining the 22719 section granted to Mais-shie-gouin-mi-zab, and on the same 22720 creek. 22721 To John B. Eichardville, jr., one section of land on Pipe 22722 Creek, above and adjoining the two sections of land granted to 22723 the principal chief, to be surveyed as he may direct. 22724 To John B. Eichardville, one section of land wherever he 22725 may choose to have the same located. 22726 It is understood that all the foregoing grants are to be 22727 located and surveyed so as to correspond with the public sur- 22728 veys as near as may be to include the points designated in each 22729 grant respectively. 22730 Articles of a treaty made and concluded at the Forks of the 22731 Wabash, in the State of Indiana, this twenty-eighth day of 22732 Noveniher, in the year of our Lord one thousand eight hundred 22733 and forty, between Samuel Wlilroy and Allen Hamilton, act- 22734 ing {unofficially) as commissioners on the part of the United 22735 States, and the chiefs, warriers and head-men of the Miami 22736 tribe of Indians. 22737 Article 1, The Miami tribe of Indians do hereby cede to 509 22738 the United States all that tract of land on the south side of the 22739 Wabash Eiver, not heretofore, ceded, and commonly known as 22740 " the residue of the Big Eeserve." Being all of their remaining 22741 lands in Indiana. 22742 Article 2. For and in consideration of the cession afore- 22743 said, the United States agree to pay to the Miami tribe of 22744 Indians the sum of five hundred and fifty thousand dollars. 22745 Three hundred thousand dollars of which sum to bi set apart, 22746 and applied immediately after the ratification of this treaty and 22747 an appropriation is made by Congress to carry its provisions 22748 into effect, to the payment of the debts of the tribe, as herein- 22749 after stipulated. And the residue, two hundred and fifty thou- 22750 sand dollars, to be paid in twenty equal yearly instalments. 22751 Akticlb 3. The Miamies being desirous that their just 22752 debts shall be fully paid, it is hereby, at their request, stipulated 22753 that immediately on the ratification of this treaty, the United 22754 States shall appoint a commissioner or commissioners, who shall 22755 be authorised to investigate all claims against any and every 22756 member of the tribe, which have accrued since the 6th day of 22757 November, 1838, or which may accrue before the date of the 22758 ratification of this treaty, witlioul, regard to distinction of blood 22759 in the claimant or claimants. And whose duty it shall be to 22760 enquire into the equity and legality of the original cause of in- 22761 debtedness, whether the same now is, or may then be in the form 22762 of judgments, notes, or other evedence of debt, and report for 22763 payment out of the money set apart by this treaty for thatpur- 22764 pose, such claims only, or parts of claims, as shall be both legal 22765 and just. And his or their award, when approved by the Pres- 22766 ident of the United States, shall be final. Two hundred and 22767 fifty thousand dollars of the sum set apart in the second article 22768 of this treaty shall be applied to the payment of debts con- 22769 tracted before the twenty-eighth day of November, 1840 ; and 22770 the residue of said sum, after such debts are satisfied, being 22771 fifty thousand dollars, to the payment of debts contracted 22772 between the last-named date and the time of the ratification of 22773 this treaty by the Senate of the United States ; giving the pref- 22774 erence, in the application of said sum of fifty thousand dollars, 22775 to debts contracted for provisions and subsistance. 22776 Article 4. It is further stipulated that the sum of twenty- 22777 five thousand dollars be paid to John B. Kichardville, and the 22778 sum of fifteen thousand dollars to the acting executor of Pran- 22779 cis Godfroy, deceased, being the amount of their respective 22780 claims against the tribe, out of the money set apart for the 22781 payment of their debts by the second article of this treaty. 22782 Article 5. And whereas the late war chief (Francis God- 22783 froy) bequeathed to his children a large estate, to remain un- 510 22 84 sold until the youngest of said children shall arrive at the age 22785 of twenty-one years: It is therefore stipulated that the United 22786 States shall pay to the family of said deceased chief their just 22787 proportion of the annuities of said tribe, at Fort Wayne, from 22788 and after the time the tribe shall emigrate to the country as- 22789 signed to them west of the Mississippi. 22790 Aeticle 6. It is^further stipulated that the sum of two 22791 hundred and fifty dollars shall be paid annually by the United 22792 States, and accepted by the Miam4es in lieu of the labour stipu- 22793 lated to be furnished by the fourth article of the treaty of the 22794 23d of October, 1826, (proclaimed January 24, 1827,) for the pur- 22795 pose of preventing the dissatisfaction occasioned heretofore in 22796 the distribution of said labour amongst the differant bands. 22797 Article 7. It is further stipulated that the United States 22798 convey by patent to Me shing-go-me-sia, son of Mato-sin-ia, the 22799 tract of land reserved by the second article of the treaty of the 22800 6th of November, 1838, to the band of Ma-to-sin-ia, to be held 22801 in trust by the said Me-shiug-go-me-zia, for his band; and the 22802 proceeds thereof, when the same shall be alienated, shall be 22803 equitably distributed to said band, under the direction of the 22804 President. And the same provision made in favour of John B- 22805 Eichardville and family, in the 14th article of the treaty of the 22806 6th of November, 1838, (proclaimed February 8, 1839,) is hereby 22807 granted and extended to the above-named Me-shinggo-me-sia 22808 and to his brothers. 22809 Aeticle 8. It is hereby stipulated that the Miami tribe of 22810 Indiands shall remove to the country assigned them west of the 22811 Mississippi, within five years from this date; the.United States 22812 paying every expence attending such removal, and to furnish 22813 rations to said tribe for twelve months after their arrival at said 22814 country. And the United States shall also cause four thousand 22815 dollars to be expended to the best advantage in supplying good 22816 merchantable pork and flour to said tribe, during the second 22817 year of their residence at their new homes ; which sum is to 22818 be deducted from their annuity of that year. 22819 Aeticle 9. It is further stipulated that should there be 22820 an unexpended ballance of the "three hundred thousand dol- 22821 lars," after the payment of the debts of the tribe as provided in 22822 the second article of this treaty, such ballance is to be paid 22823 over to the Miamies at the next payment of annuities after the 22824 amount of said ballance shall have been ascertained. 22825 Aeticle 10. It is stipulated and agreed between the con- 22826 tracting parties that there shall be, and hereby is, granted and 22827 reserved to John B. Eichardville, principal chief, seven sections 22828 of land, from the land ceded in the first article of this treaty, 22829 at such point or points as he may select, (not less than one sec- 611 22830 tiott at auy one poiuf,) to be conveyed to him by patent from 22831 the- United States. And also, in like manner, one section of 22832 land to Francis Lafountain, at the rapids of Wildcat, to be sur- 22833 veyed under his direction, ■ 22834 Article 11. Nothing in this treaty shall be so construed 22835 as to impair the forcie or validity of former treaty stipulations 22836 existing between the United States and the Miami tribe of In- 22837 dians, not altered by nor coming within the purview of any of 22838 the provisions of this treaty. 22839 'Article 12. The United States hereby stipulate to set 22840 apart and assign to the Miamies, for their occupancy west of the 22841 Mississippi, a tract of country bounded on the east by the State 22842 of Missouri, on the north by the country of the Weas and Kas- 22843 kaskias,,on the west by the Pottawatomies of Indiana, and on 22844 the south by the land assigned to the New York Indians, esti. 22845 mated to contain five hundred thousand acres. 22846 Article 13. It is hereby stipulated that the United States 22847 provide for the payment of the expence which may be necessarily 22848 incured in the negociation of this treaty. 22849 Article 14. This treaty shall be binding on the United 22850 States, and on the Miami tribe of Indians, from and after the 22851 date of its ratification by the President, by and with the advice 22852 and consent of the Senate of the United States. But if the 22853 same shall not be so ratified before the 4th day of March next, 22854 ,it shall be of no binding force or validity. 22855 Article 15. We, the chiefs, warders, and head-men of the 22856 Miami tribe of Indians, having examined and considered the 22857 foregoing articles, after the same had been interpreted and ex- 22858 plained to us to our satisfaction, do hereby agree and request 22859 that the said articles shall be taken and held as a treaty between 22860 the parties thereto ; and when ratified as provided in the last 22861 preceding article, be binding on our tribe, and on the United 22862 States, as fully to all intents and purposes as though the same 22863 had been officially and formally made on the part of the United 22864 States. 22865 Proclaimed June 7, 1841. 22866 Franklin Pierce, President of the United States of America, 22867 to all and singular to whom these presents shall come, 22868 greeting: 22869 Whereas a treaty was made and concluded on the fifth day 22870 of June, eighteen hundred and fifty-four, between George W. 22871 Manypeuny, commissioner on the part of the United States, and 22872 the following-named delegates, representing the Miami tribe of 22873, Indians, viz: Nah-we-lan-quah, orBigLegs; Ma-cat a-chin-quab, 2281^ or Little Doctor J Lan-a-pin-chah, or Jack Hackley; Sone-lan- 512 22875 gisli-eah, or John Bowrie; and Wan-zop-e-ab, they being thereto 22876 duly authorized by said tribe; and Me-shingo-me zia, Po-con- 22877 ge ah, Pim-yi-oh-te-mah, Woppop-pe-tah, or Bondy, and Ke-ah- 22878 cot-woh, or Buffalo, Miami Indians, residents of the State of 22879 Indiana, being present, and assenting, approving, and agreeing 22880 to, and confirming said articles of agreement and convention; 22881 which treaty is in the words following, to wit: 22882 Articles of agreement and convention made and concluded at 22883 the city of Washington, this fifth day of June, one thou- 22884 sand eight hundred and fifty -four, between George W. Many- 22885 penny, commissioner on the part of the United States, and 22886 the following-named delegates representing the Miami tribe 22887 of Indians, viz: Nah-we-lan-quah, or Big Legs ; Ma-cat-a- 22888 chin-quah, or Little Doctor; Lan-a-pincha, or Jack Hackley; 22889 So-ne-lan-gish-eah, or John Bowrie; and Wan-zop-e-ah, they 22890 being thereto duly authorized by said tribe ; and Me-shin- 22891 go-me-zia, Po con-ge-ah, Pim-yi-oh-te-mah, Wop-pop pe-tah, 22892 or Bondy, and Keah cot-woh, or Buffalo, Miami Indians, 22893 residents of the State of Indiana, being present, and assent- 22894 ing, approving, agreeing to, and confirming said articles of 22895 agreement and convention. , 22896 Article 1. The said Miami Indians hereby cede and con- 22897 vey to the United States all that certain tract of country set 22898 apart and assigned to the said tribe by the article added by the 22899 Senate of the United States, by resolution of the date of Peb- 22900 ruary twenty-fifth, one thousand eight hundred and forty one, to 22901 the treaty of November twenty-eighth, one thousand eight hun- 22902 dred and forty, and denominated among the amendments of the 22903 Senate as "Article 12," which was assented to by said Indians, 22904 on the fifteenth day of May, one thousand eight hundred and 22905 forty-one; which tract is designated in said article as "bounded 22906 on the east by the State of Missouri, and on the north by the 22907 country of the Weas and Piankeshaws, on the west by the Pot- 22908 towatomies of Indiana, and on the south by the land assigned 22909 to the New York' Indians, estimated to contain five hundred 22910 thousand acres," excepting and reserving therefrom seventy 22911 thousand acres for their future homes, and also a section of six 22912 hundred and forty acres for school purposes, to be selected and 22913 assigned to said tribe as hereinafter provided. 22914 Article 2. The United States shall, as soon as it can con- 22915 veniently be done, cause the lands herein ceded and reserved to 22916 be surveyed, as the Government lands are surveyed, the Miamis 22917 bearing the expense of survey of the reserved land; and, within 22918 four months after the approval of such surveys, each individual 22919 or head of a family of the Miami tribe, now residing on said 22920 lands, shall select, if a single person, two hundred acres; and 513 22921 if the head of a family, a quantity equal to two huadred acres 22922 for each member of the family; M'hich selections shall be so 22923 made as to include in each case, as far as practicable, the present 't2924 residences and improvements of each person or family, and, 22925 where it is not practicable, the selection shall fall on lands in 22926 the same neighborhood. And if, by reason of absence or other- 22927 wise, any single person, or head of a family, entitled to land as 22928 aforesaid, shall fail to make his or her selection -within the period 22929 prescribed, the chiefs of the tribe shall proceed to select the 22930 lands for those thus in default. The chiefs shall also select the 2293L six hundred and forty acres hereinbefore reserved for their 22932 school, to include the buildings erected for school purposes, and 22933 to embrace a sufficient portion of timber-land. After all of the 22934 before-named selections shall have been made," the said chiefs 22935 shall further proceed to select, in a compact body, and contiguous 22936 to the individual reservations, the residue of the seventy thou- 22937 sand acres accepted and reserved by the preceding article, which 22938 body of land shall be held as the common property of the tribe, 22939 but may, at any time, when the chiefs and a majority of the 22940 tribe request it, be sold by the President, in the manner that 22941 public lands of the United States are sold, and the proceeds, 22942 after deducting the expense of such sale, be paid to the tribe, 22943 under the direction of the President, and in such mode as he 22944 may prescribe: Provided, Thait if any single person, or family 22945 entitled to land, shall have been overlooked, or wrongfully 22946 excluded, and shall make the fact appear to the satisfaction oi 22947 the chiefs, such person or family may, with the approbation of 22948 the Commissioner of Indian Affairs, receive their quantity, by 22949 the rule prescribed in this article, out of the tract to be thus 22950 selected and held as the common property of the tribe. All the 22951 selections herein provided for shall, as far as practicable, be made 22952 in conformity with the legal subdivisions of United States lands, 22953 and immediately reported to the agent of the tribe, with apt 22954 descriptions of the same, and the President may cause patents 22955 to issue to single persons or heads of families for the lands 22956 selected by or for them, subject to such restrictions respecting 22957 leases and alienation as the President or Congress of the United 22958 States may impose ; and the lands so patented shall not be liable 22959 to levy, sale, execution, or forfeiture: Provided, That the legis- 22960 lature of a State within which the ceded country may be here- 22961 after embraced may, with the assent of Congress, remove these 22962 restrictions. When selections are so made, or attempted to be 22963 made, as to produce injury to, or controversies between, indi- 22964 viduals, which cannot be settled by the parties, the matters of 22965 difliculty shall be investigated and decided on equitable terms, 65 I T 514 22966 by the chiefs of the tribe, subject to appeal to the agent, whose 22967 decision shall be final. 22968 Article 3. In consideration of the cession hereinbefore 22969 made, the United States agree to pay to the Miami tribe of In- 22970 dians the sum of two hundred thousand dollars, in manner as 22971 follows, viz : Twenty annual instalments of seven thousand five 22972 hundred dollars each, the first payable on the first day of Octo- 22973 ber, one thousand eight hundred and sixty, and the remainder 22974 to be paid respectively on the first day of October of each sue- 22975 ceeding year, until the whole shall have been paid; and the re- 22976 maining fifty thousand dollars shall be invested by the Presi- 22977 dent in safe and profitable stocks, the interest thereon to be ap- 22978 plied, under his direction, for educational purposes, or such 22979 objects of a beneficial character, for the good of the tribe, as 22980 maybe considered necessary and expedient; and, hereafter, 22981 whenever the President shall think proper, the sum thus pro- 22982 vided to be invested may be converted into money, and the 22983 same paid to the tribe in such manner as he may judge to be 22984 best for their interests. No part of the moneys in this or the 22985 preceding article mentioned shall ever be appropriated or paid 22986 to the persons, families, or bands, who, by the fourteenth article 22987 of the treaty of November sixth, one thousand eight hundred 22988 and thirty-eight, by the fifth and seventh articles of the treaty 22989 of November twenty-eight, one thousand eight hundred and 22990 forty, or by virtue of two resolutions of Congress, approved 22991 March third, one thousand eight hundred and forty -five, and 22992 May first, one thousand eight hundred and fifty, or otherwise, 22993 are permitted to draw or have drawn, in the State of Indiana, 22994 their proportion of the annuities of the Miami tribe. 22995 Article 4. It is agreed that the remaining instalments 22996 of the limited annuity of twelve thousand five hundred dol- 22997 lars, stipulated to be paid by the second article of the treaty 22998 of November twenty-eight, one thousand eight hundred and 22999 forty, shall be divided and paid to the said Indians here- 23000 after as follows: to the Indiana Miamis, six thousand eight 23001 hundred and sixty-three dollars and sixty-four cents, and to 23002 the Western Miamis, five thousand six hundred and thirty- six 23003 dollars and thirty-six cents, per annum ; subject, however, 23004 to the deductions provided for in the sixth article of this in- 23005 strument; and that the permanent annuity stipulated in 23006 the fifth article of the treaty of October sixth, one thousand 23007 eight hundred and eighteen, as modified by the fifth article 23008 of the treaty of October twenty-third, one thousand eight 23009 hundred and thirty-four, for a blacksmith and miller, shall 23010 be continued for the benefit of said Western Miamis; but 23011 the said Miami Indians hereby relinquish and forever ab- 515 23012 solve the United States from the payment of the pei'ma- 23013 nent annuity of twenty-five thousand dolhirs, stipulated in the 23014 fourth article of the treaty of October twenty-third, one thousand 23015 eight hundred and twenty-six, of the permanent provisions for 23016 money in lieu of laborers, for agrioulturalassistance, for tobacco, 23017 iron, steel, and salt, and from the payment of any and all other 23018 annuities of every kind or description, if any there be, to which 23019 said Indians may now be entitled by virtue of the stipulations 23020 of any former treaty or treaties ; and they also release and dis- 23021 charge the United States from all claims or damages on account 23022 of the non-fulfilment of the stipulations of any former treaties, 23023 or of injuries to or destruction or loss of property by the wrong- 23024 ful acts of citizens or agents of the United States or otherwise; 23025 and in consideration of the relinquishments and releases afore- 23026 said, the United States agree to pay to the said Miami Indians 23027 the sum of four hundred and twenty-one thousand four hundred 23028 and thirty-eight dollars and sixty-eight cents, in manner as fol- 23029 lows, viz : one hundred and ninety thousand four hundred and 23030 thirty-four dollars and sixty-eight cents to the Miami Indians re- 23031 sidingonthecededland; andtwohundredandthirty-onethousand 23032 and four dollars, to the Miami Indians in the State of Indiana; 23033 to be paid under the direction of the President, and in such man- 23034 ner and for such objects as he may prescribe, in six equal annual 23035 instalments, the first of which shall be paid in the month of 23036 October, one thousand eight hundred and fifty-four. And in 23037 full payment and satisfaction of a balance of eight thousand dol- 23038 lars and sixty-eight cents, heretofore appropriated by Congress to 23039 pay for the valuation of certain improvements, or to make others 23040 in lieu of them, but which, not having been expended, has gone 23041 to the surplus fund; and of the accumulation of the appropria- 23042 tions for the support of the poor and infirm, and the education 23043 of the youth of the tribe, as provided by the treaties of October 23044 twenty-third, one thousand eight hundred and twenty-six, and 23045 November sixth, one thousand eight hundred and thirty-eight, 23046 amounting to fourteen thousand two hundred and twenty-three 23047 dollars and fifty cents ; and of the claims of the Miamis who live 23048 on the ceded land, for damages and loss of stock and other prop- 23049 erty, caused by their removal west, and their subsequent loss by 23050 removal from Sugar Creek, it is agreed that the United States 23051 will pay to the Miami Indians residing on said ceded lands the 23052 sum of thirty thousand dollars, to be paid as follows, viz : fourteen 23053 thousand two hundred and twenty-three dollars and fifty cents, 23054 in three equal annual instalments, the first of which shall be 23055 paid in the month of October, one thousand eight hundred and 23056 fifty-four ; and the sums of eight thousand dollars and sixty-eight 23057 cents, in lieu of the improvement money referred to, and seven 516 23058 thousand seven hundred and seventy-five dollars and eighty-two 23059 cents, being the residue of said amount of thirty thousand dol- 23060 lars, shall be paid immediately after the requisite appropriation 23061 shall have been made : Provided, That the said sum of eight 23062 thousand dollars and sixty-eight cents shall be pSid to the per- 23063 sons who are entitled to the same, as far as that may be prac- 23064 ticable ; and the seven thousand seven hundred and seventy-five 23065 dollars and eighty-two cents shall be paid to such of the Miamis 23066 west as have lost stock or other property by wrongful acts of 23067 citizens of the United States, while in the Indian country, and 23068 to those who were injured by the loss of improvements in their 23069 removal from Sugar Creek to their present home. The claim- 23070 ants, in all cases, to file their demands with the chiefs within six 23071 months after the ratification of this instrument ; and if the ag- 23072 gregate sum of the lawful claims exceeds the amount of the 23073 fund, the claims shall be reduced by a uniform rule, so that each 23074 claimant shall receive his pro rata; but if it fall within the 23075 amount of said fund, the excess shall be paid to the tribe as aii- 23076 nuities are paid. Any person aggrieved by the decision of the 23077 chiefs may appeal to the agent : " Provided, however, That if the 23078 Miami Indians of the State of Indiana desire it, and notify the 23079 Secretary of the Interior of that fact, he will cause the said sum 23080 of two hundred and thirty-one thousand and four dollars to be in- 23081 vested for them in safe stocks,and pay over annually to said Indians 23082 the interest arising from such investment, and the said Miami 23083 Indians now present from the State of Indiana agree to take the 23084 opinion of their people on their return home, and advise theDe- 23085 partment without delay." 23086 The sum of two hundred and thirty-one thousand and four 23087 dollars hereby stipulated to be paid to Miami Indians of 23088 Indiana shall be held by the United States for said last:named 23089 Indians, and by the Government invested, as the President 23090 may direct, at an interest of five per cent, per annum, and 23091 which interest shall be paid annually, for the period of twenty- 23092 five years, to the said Miami Indians of Indiana, and at the ex- 23093 pira tion of that time, or sooner if required by them and ap- 23094 i)roved by the President, the principal sum to be paid in full, tlie 23095 United States being directly responsible therefiar ; said invest- 23096 ment to be made and the interest thereon to commence accruing 23097 the first day of July, eighteen hundred and fifty -five, and thence 23098 to continue : Provided, That no persons other than those em- 23099 braced in the corrected list agreed upon by the Miamis of In- 23100 diana, in the presence of the Commissioner of Indian Affairs, in 23101 June, eighteen hundred and fifty-four, comprising three hundred 23102 and two names as Miami Indians of Indiana, and the increase 23103 of the families of the persons embraced in said corrected list. 517 23104 shall be recipients of the payments, annuities, commutation 23105 moneys and interest hereby stipulated to be paid to the Miami 23106 Indians of Indiana, unless other persons shall be added to said 23107 list by the consent of the said Miami Indians of Indiana, ob- 23108 tained in council according to the custom of Miami tribe of 23109 Indians : Provided, That the sum of nine thousand seven hun- 23110 dred and forty-six dollars and fourteen cents shall immediately 23111 be paid out of said sum of two hundred and thirty-one thousand 23112 and four dollars (and deducted from the same) to the following 23113 persons, Avho are a portion of the Miami tribe of Indians re- 23114 siding in Indiana, and in the following manner : seven thousand 23115 six hundred and eighty-nine dollars and twenty two cents to the 23116 family of Jane T. Griggs, consisting of herself and six children, 23117 to wit, ^Warren A — , Charles P — , Anthony W — , Ann Eliza — , 23118 Martha Jane, and Maria Elizabeth Griggs, which sum may be 23119 paid to the said Jane T. Griggs, and her husband John H. 23120 Griggs, the father of said children, or to either of them ; and 23121 the sum of two thousand and fifty-six dollars and ninety-two 23122 cents to Sash-o-quash and his wife, E-len-e-pish-oquash, which 23123 may be paid to the said Sash-oquash, it being understood that 23124 the said Griggs family have drawn but one annuity for the last 23125 eight years, the others having been paid to the balance of the 23126 tribe ; which sum of nine thousand seven hundred and forty-six 23127 dollars and fourteen cents is to be in full payment and satisfac- 23128 tion of all sums of money that may be due, owing, or coming to 23129 said two families, by virtue of this and all former treaties on 23130 account of their being of the Miami tribe of .Indians or other- 23131 wise. 23132 The Miami Indians of Indiana being now represented in 23133 Washington by a fully authorized deputation, and having re- 23134 quested the foregoing amendments, the same are binding on 23135 them; but these amendments are in no way to affect or impair 23136 the stipulations in said treaty contained as to the Miamis west 23137 of the Mississippi, the said amendments being final and net 23138 required to be submitted to the Miamis for their consent. 23139 And the sum of two thousand two hundred dollars is here- 23140 by directed to be paid to the said Indians residing in the State 23141 of Indiana, for time employed and money expended in assisting 23142 to make this treaty, which maybe paid to James T. Miller, their 23143 interpreter, and Tyn-yi-oh-te-mah, or to either of them, to be 23144 divided among said Indians according to justice and equality. 23145 Article 5. It is hereby understood and agreed, respecting 23146 the permanent annuity of twenty-five thousand dollars, that the 23147 said Indians shall receive the same for the years eighteen hun- 23148 dred and fifty-four and eighteen hundred and fifty-five, but no 23149 longer. It is also understood and agreed (the Miamis west 518 23150 conseuting) that as the Miamis of Indiana have had no share of 23151 the iron, steel, salt, tobacco, and so forth, given under treaty 23152 stipulations, and that as there is now in the Treasury under those 23153 heads of appropriation an unexpended balance of four thousand 23154 and fifty-nine dollars and eight cents, they shall have and re- 23155 ceive said amount — and that the said annuity of twenty-five 23156 thousand dollars for said two years shall be divided between 23157 the Miamis of Indiana and those west of Missouri, in the same 23158 proportion as the annuity of twelve thousand five hundred dol- 23159 lars is divided in the preceding article. 23160 Article 0. The United States having advanced, in pur- 23161 suance of a provision of the act of Congress approved August 23162 thirtieth, one thousand eight hundred and fifty-two, entitled 23163 "An act making appropriations for the current and contingent 23164 expenses of the Indian Department," &c., the sum of twelve 23165 thousand four hundred and thirty-seven dollars and six cents to 23166 the Miami Indians, for the payment of an amount due to the 23167 Eel Eiver band that had been erroneously paid to the " Miami 23168 Nation ;" and the sum of one thousand five hundred and flffcy- 23169 four dollars and sixty-three cents only, having, since said 23170 advance, been withheld by the United States, as a re-imburse- 23171 ment in part therefor, and there being still due to the United 23172 States, on account thereof, the sum of ten thousand eight hun- 23173 dred and eighty-two dollars and forty-three cents, it is hereby 23174 agreed that said balance shall be re-imbursed/ally to the United 23175 States out of the limited annuity of twelve thousand five hun- 23176 dred dollars, before mentioned in this instrument, in the manner 23177 and proportions following ; that is to say, out of said annuity 23178 for the year one thousand eight hundred and fifty-four, and each 23179 of the five consecutive years, there shall "he retaiaed froai the 23180 portion to be paid in those years to the Miamis of Indiana, the 23181 sum of eight hundred and fifty-three dollars and sixty-three 23182 cents, and from the portion to be paid to the Miamis west, the 23183 sum of seven hundred dollars and ninety-nine cents, and in the 23184 year one thousand eight hundred and sixty, from the portion 23185 due the Miamis of Indiana, the sum of eight hundred and fifty- 23186 three dollars and sixty-eight cents, and from the portion due 23187 those west, the sum of seven hundred and one dollars and three 23188 cents. 23189 Article 7. Citizens of the United States or other persons 23190 not members of said tribe shall not be permitted to make loca- 23191 tions or settlements in the ceded country, until after the selec- 23192 tions hereinbefore provided for have been made ; and the pro- 33193 visions of the act of Congress approved March third, one thou- 23194 sand eight hundred and seven, in relation to lands ceded to the 519 23195 United States, shall, so far as tiie same are applicable, be ex- 23196 tended to the lands herein ceded. 23197 Article 8. The debts of Indians contracted in their private 23198 dealings as individuals, whether to traders or otherwise, shall 23199 not be paid out of the general fund. And should any of said 23200 Indians become intemperate or abandoned, and waste their 23201 property, the President may withhold any moneys due or paya- 23202 ble to such, and cause them to be paid, expended, or applied, so 23203 as to ensure the benefit thereof to their families. 23204 Article 9. The said Indians promise to renew their efforts 23205 to prevent the introduction and use of ardent spirits in their 23206 country, to encourage industry, thrift, and morality, and by 23207 every possible means to promote their advancement in civiliza- 23208 tion. They desire to be at peace with all men, and they bind 23209 themselves not to commit depredations or wijong upon either In- 23210 dians or citizens; and should diffiftultios at any time arise, they 23211 will abide by the laws of the United States in such cases made 23212 and provided, as they expect to be protected, and to have their 23213 rights vindicated by those laws. 23214 Article 10. It is agreed that all roads and highways, laid 23215 out by authority of law, shall have right of way through the 23216 lauds herein reserved, on the same terms as are provided by law 23217 when roads and highways are made through lands of citizens of 23218 the United States ; and railroad companies, when the lines of 23219 their roads necessarily pass through the lands of the said In- 23220 dians, shall have right of way on the payment of a just com- 23221 pensation therefor in money. 23222 Article 11. The object of this instrument being to advance 23223 the interests of said Indians, it is agreed, if it prove insufS- 23224 cient, from causes which cannot now be foreseen, to effect these 23225 ends, that the President may, by and with the advice and con- 23226 sent of the Senate, adopt such policy in the management of 23227 their affairs as, in his judgment, may be most beneficial to 23228 them ; or Congress may, hereafter, make such provision by law 23229 as experience shall prove to be necessary. 23230 Article 12. It is agreed that the first instalment of the 23231 fourteen thousand two hundred and twenty-three dollars and 23232 fifty cents, mentioned in the fourth article, being the accumula- 23233 tion of the poor, infirm, and education fund, shall be applied, 23234 under the direction of the President, to purposes of education ; 23235 and that a sufficient sum shall annually be set apart out of the 23236 payments to the Miamis west of Missouri, so long as any of the 23237 annuities herein provided for shall continue, to be expended un- 23238 der the direction of the chiefs, for the support of the poor and 23239 infirm, and for defraying any expenses of the tribe of a civil 23240 nature. 520 23241 Article 13. It is hereby agreed that the sum of six thou- 23242 sand five hundred dollars may be set apart from each of the first 23243 four annual payments to be made to the Miamis west, and ap- 23244 plied, as far as it may be necessary, to the settlement of their '23245 affairs. It is also agreed that so much as may be necessary for 23246 the repair of their mill and school-house shall be set apart from 23247 any fund now on hand belonging to said Indians, or be taken 23248 from any of the first instalments in this instrument provided 23249 for. 23250 Akticlb 14. This instrument shall be obligatory on the 23251 contracting parties whenever the same shall be ratified by the 23252 President and the Senate of the United States. 23253 Proclaimed August 4, 1854. 23254 MIAMIS— EEL RIVER OR THORNTOWN I'ARTY. 23255 Articles of a treaty made and concluded at the Wyandot village, near 23256 the Wabash, in the State of Indiana, between John Tipton, 23257 commissioner for that purpose, on the part of the United States, 23258 and the chiefs, head-men, and warriors of the Eel River or 23259 Thorntowh party of Miami Indians. 23260 Article 1. The chiefs, head-men, and warriors of the Eel 23261 River or Thorntown party of Miami Indians, agree to cede, and 23262 by these, presents do cede and relinquish to the United States, 23263 all their right, title, and claim to a reservation of land about ten 23264 miles square, at their village on Sugartree Creek in Indiana, 23265 which was reserved to said party by the second article of a 23266 treaty between commissioners of the United States and the 23267 Miami Nation of Indians, made and entered into at St. Mary's 23268 in the State of Ohio, on the sixth day of October, one thousand 23269 eight hundred and eighteen, (proclaimed January 15, 1819.) 23270 It is understood and agreed on by said Indians that they 23271 will not burn or destroy the houses or fences on said reservation, 23272 and that they will leave them in as good condition as they now 23273 are, and remove to the five-mile reservation on Eel River by the 23274 fifteenth day of October next. 23275 Article 2. The commissioner of the United States has 23276 delivered to said party of Indians goods to the value of two 23277 thousand dollars, in part consideration for the cession herein 23278 made ; and it is agreed that in case this treaty should be ratified 23279 by thePresideutand Senateof the United States, that the United 23280 States shall pay said party an additional sum of eight thousand 23281 dollars in goods next summer, build twelve log-houses, ten on 23282 the five-mile reservation, and two on the Wabash ; clear and 521 23283 fence forty acres of land on the five-mile reservation, fnrnisli 23284 them one wagon and two yoke of oxen, furnish two hands to 23283 work three months in each year for two years, five hundred dol- 23286 lars' worth of provisions delivered on the Wabash ; furnish them 23287 fivehorses, five saddles, and five bridles: Frovided, however, That 23288 if this treaty should not be ratified by the President and Senate 23289 of the United States, that said party agree to pay, for the goods 23290 this day received, two thousand dollars, to be deducted from 23291 their annuity for this present year. 23292 Akticle 3. At the request of the Indians, and in part con- 23293 sideration for the cession aforesaid, the United States agree to 23294 pay to Peter Langlois one thousand dollars in silver, and three 23295 thousand dollars in goods next summer, for provisions and goods 23296 heretofore delivered to said party. 23297 Aeticle 4. The United States agree to appropriate one 23298 thousand dollars per year for five years, and longer if Congress 23299 think proper, to be applied, under the direction of the President, 23300 to the education of the youths of the Miami Nation. 23301 Aeticle 5. It is distinctly understood and agreed on by 23302 and between the contracting parties, that the President and 23303 Senate may, if they think proper, modify or expunge from 23304 this treaty the fourth article, without affecting any other of its 23305 provisions. 23306 Article 6. This treaty, after the same shall be ratified by 23307 the President and Senate of the United States, shall be binding 23308 on the contracting parties. 23309 Proclaimed May 7, 1828. 23310 MOHAWKS RESIDING IN UPPER CANADA. 23311 Belinquishment to New Torlc, hij the MohawJc Nation of Indians, 23312 under the sanction of the United States of America, of all 23313 claim to lands in that State. 23314 At a treaty held under the authority of the United States 23315 with the Mohawk Nation of Indians, residing in the province of 23316 Upper Canada, within the dominions of the King of Great Brit- 23317 ain, present, the honorable Isaac Smith, commissioner appointed 23318 by the United States to hold this treaty ; Abraham Ten Broeck, 23319 Egbert Benson, and Ezra L'Hommedieu, agents for the State of 23320 New York ; Captain Joseph Brandt, and Captain John Deseron- 23331 tyon, two of the said Indians and deputies, to represent the said 23322 nation at this treaty. 23323 The said agents having, in the presence and with the ap- 66 IT 522 23324 probation of the said commissioner, proposed to and adjusted 23325 with the said deputies tlie compensation as hereinafter men- 23326 tioned to be made to the said nation for their claim, to be ex- 23327 tinguished by this treaty, to all lands within the said State : it 23328 is thereupon finally agreed and done, between the said agents 23329 and the said deputies as follows, that is to say : the said agents 23330 do agree to pay to the said deputies the sum of one thousand 23331 dollars, for the use of said nation, to be by the said deputies 23332 paid over to, and distributed among, the persons and families of 23333 the said nation, according to their usages ; the sum of five hun- 23334 dred dollars for the expense of the said deputies, during the time 23335 they have attended this treaty; and the sum of one hundred 23336 dollars for their^expenses In returning, and for conveying the 23337 said sum of one thousand dollars to where the said nation re- 23338 sides. And the said agents do accordingly, for and in the name 23339 of the people of the State of New York, pay the said three 23340 several sums to the said deputies, in the presence of the said 23341 commissioner. And the said deputies do agree to cede and re- 23342 lease, and these presents witness, that they accordingly do, for 23343 and in the name of the said nation, in consideration of the said 23344 compensation, cede and release to the people of the State of New 23345 York forever all theright or title of the said nation to lands within 23346 the said State ; and the claim of the said nation to lands within 23347 the said State is hereby wholly and finally extinguished. 23348 Proclaimed April 27, 1798. 23349 MOLELS. 23350 Treaty 'between the United States of America and the Molel Indians, 23351 concluded at Dayton, Oregon, December 21, 1855 ,• ratified hy 23352 the Senate March 8, 1859. 23353 James Buchanan, President of the United States of America, 23354 to all and singular to whom these presents shall come, 23355 greeting : 23356 Whereas a treaty was made and concluded at Dayton, in ' 23357 Oregon, on the twenty-first day of December, one thousand eight 23358 hundred and fifty-five, between Joel Palmer, superintendent of 23359 Indian affairs for the Territory of Oregon, on the part of the 233C0 United States, and the hereinafter-named chiefs and head-men of 23361 the Mo-lal-la-las or Molel tribe of Indians, on behalf of and duly 23362 authorized by the said tribe, which treaty is in the words and 23363 figures following, to wit : 23364 Articles of convention and agreement entered into this 21st day 23365 of December, 1855, between Joel Palmer, superintendent of 523 23366 Indian affairs, acting for and in behalf of the Uuited States, 23367 and the chiefs and head-men of the Mo-lal-la-las or Molel 23368 tribe of Indians, they being authorized by their respective 23369 bands in council assembled. 23370 Article 1. The above-named tribe of Indians hereby cede 23371 to the United States all their right, title, interest, and claim to 23372 all that part of Oregon Territory situated and bounded as here- 23373 inafter described, the same being claimed by them, to wit : Be- 23374 ginning at Scott's Peak, being the northeastern termination of 23375 the purchase made of the Umpaquah and Calapooias, of Umpa- 23376' quah Valley, on the 29th day of November, 1854 ; thence run- 23377 ning southernly on the eastern boundary line of that purchase 23378 and the purchase of the Cow Creeks, on the 19th day of Sep- 23379 tember, 1853, and the tract purchased of the Scotens, Chestas, 23380 and Grave Creeks, on the eighteenth day of November, 23381 1854, to the boundary of the Eogue Eiver purchase made on 23382 the tenth day of September, 1853; thence along the northern 23383 boundary of that purchase to the summit of the Cascade Mount- 23384 ains ; thence northerly along the summit of said mountains to 23385 a point due east of Scott's Peak ; thence west to the place of 23386 beginning. 23387 Article 2. In consideration of the cessibnand relinquish- 23388 ment herein made, the United States agree to make the-follow- 23389 ing provisions for said Indians and pay the sums of money as 23390 follows : 23391 1st. To secure to the members of said tribe all the rights 23392 and privileges guaranteed by treaty to the Umpaquah and Oal- 23393 apooias, of the Umpaquah Valley, jointly with said tribes, they 23394 hereby agreeing to confederate with those bands. 23395 2d. To erect and keep in repair and furnish suitable persons 23396 to attend the same for the term of ten years, the benefits of 23397 which to be shared alike by all the bands confederated, one 23398 flouring-mill and one saw-mill. 23399 3d. To furnish iron, steel, and other materials for supplying 23400 the smith's shop and tin-shop stipulated in the treaty of 29th 23401 November, 1854, and pay for the services of the necessary me- 23402 chanics for that service for five years in addition to the time 23403 specified by that treaty. 23404 4th. To establish a manual-labor school, employ and pay 23405 teachers, furnish all necessary materials and subsistence for pu- 23406 pils, of sufficieut capacity to accommodate all the children be- 23407 longing to said confederate bands, of suitable age and condition 23408 to attend said school. 23409 5th. To employ and pay for the services of a carpenter and 3410 joiner for the term of ten years, to aid in erecting buildings and 23411 making furniture for said Indians, and to furnish tools for use 23412 in said service. ') 524 23413 6th. To employ and pay for the services of an additional 23414 farmer for the term of five years. 23415 Article 3. In consequence of the existence of hostilities 23416 between the whites and a portion of the Indian tribes in South- 23417 ern Oregon and Northern California, and the proximity of the 23418 Umpaquah reservation to the mining district, and the consequent 23419 fluctuating and transient population, and the frequent commis- 23420 sion by whites and Indians of petty offences, calculated to dis- 23421 turb the peace and harmony of the settlement, it is hereby 23422 agreed, the TJmpaquahs and Oalapooias agreeing, that the bands 23423 thus confederated shall immediately remove to a tract of land 23424 selected on the head-waters of the Yamhill Eiver adjoiuing the 23425 coast reservation, thereon to remain until the proper improve- 23426 ments are made upon that reservation for the accommodation 23427 of said confederate bands, in accordance with the provisions of 23428 this and the treaty of 29th November, 1854, and when so made, 23429 to remove to said coast reservation, or such other point as may, by 23430 direction of the President of the United States, be designated 23431 for the permanent residence of said Indians. 23432 Article 4. For the purpose of carrying out in good faith 23433 the objects expressed in the preceding article, it is hereby 23434 agreed, on the part of the United States, that the entire expense 23435 • attending the removal of the bands named, including transpor- 23436 tation and subsistence, and the erection of temporary buildings 23437 at the encampment designated, as well as medical attendance ~ 23438 on the sick, shall be paid by the United States. 23439 Article 5. It is further agreed that rations, according to 23440 the Army regulations, shall be furnished the members of the said 23441 confederated bands, and distributed to the heads of families, 23442 from the time of their arrival at the encampment on the head- 23443 waters of Yamhill Eiver until six months after their arrival at 23444 the point selected as their permanent residence. 23445 Article 6. For the purpose of insuring the means of sub- 23446 sistence for said Indians, the United States engage to appropri- 23447 ate the sum of twelve thousand dollars for the extinguishment 23448 of title and the payment of improvements made thereon by white 23449 settlers to lands in the Grand Bound Valley, the point of en- 23450 campment referred to, to be used as wheat-farms, or other pur- 23451 poses, for the benefit of said Indians, and for the erection of 23452 buildings upon the reservation, opening farms, purchasing of 23453 teams, tools, and stock ; the expenditure of which amounts, and 23454 the direction of all the provisions of this convention, shall be in 23455 " accordance with the spirit and meaning of the treaty of 29th 23456 November, 1854, with the Umpaquah and Calapooia tribes afore- 23457 said. 23458 Proclaimed April 27, 1859. 525 23459 NAYAJOS. 23460 Treaty between the United States of America and the Navajo tribe 23461 of Indians. 23462 The followiug acknowledgemeuts, declarations, aud stipu- 23463 lations have been duly considered, and are now solemnly adopt- 23464 ed and proclaimed by the undersigned ; that is to say, John M. 23465 Washington, governor of New Mexico, and lieutenant- colonel 23466 commanding the troops of the United States in New Mexico, 23467 and James S. Calhoun, Indian agent, residing at Santa F6, in 23468 New Mexico, representing the United States of America, and 23469 Mariano Martinez, head chief, and Chapitoue, second chief, on 23470 the part of the Navajo tribe of Indians : 23471 I. The said Indians do hereby acknowledge that, by virtue 23472 of a treaty entered into by the United States of America and 23473 the United Mexican States, signed on the second day of Pebru- 23474 ary, in the year of our Lord eighteen hundred and forty-eight, 23475 at the city of Guadalupe Hidalgo, by N. P. Trist, of the first 23476 part, and Luis Gr. Cuevas, Bernardo Couto, and Mgl Atristain, 23477 of the second part, the said tribe was lawfully placed under the 23478 exclusive jurisdiction and protection of the Government.of the 23479 said United States, and that they are now, aud will forever re- 23480 main, under the aforesaid jurisdiction and protection. 23481 11. That from and after the signing of this treaty, hostilities 23482 between the contracting parties shall cease, aud perpetual peace 23483 and friendship shall exist ; the said tribe herebj' solemnly cove- 23484 nanting that they will not associate with, or give countenance 23485 or aid to, any tribe or band of Indians, or other persons or pow- 23486 ers, who may be at any time at enmity with the people of the 23487 said United States ; that they will remain at peace, and treat 23488 honestly and humanely all persons and powers at peace with 23489 the said States; and all cases of aggression against said 23490 Navajoes by citizens or others of the United States, or by other 23491 persons or powers in amity with the said States, shall be re- 23492 ferred to the Government of said States for adjustment aud set- 23493 tlement. 23494 III. The Government of the said States having the sole aud 23495 exclusive right of regulating the trade and intercourse with the 23496 said Navajoes, it is agreed that the laws now in force regulating 23497 the trade and intercourse, and for the preservation of peace 23498 with the various tribes of Indians under the protection and 23499 guardianship of the aforesaid Government, shall have the same 23500 force and ef&ciency, and shall be as binding aud as obligatory 23501 upon the said Navajoes, and executed in the same manner, as 526 23502 if said laws had been passed for their sole benefit and protec- 23503 tion ; and to this end, and for all other useful purposes, the gov- 23504 ernment of New Mexico, as now organized, or as it may be by 23505 the Government of the United States, or by the legally consti- 23506 tuted authorities of the people of New Mexico, is recognized 23507 and acknowledged by the said Navajoes, and for the due en- 23508 forcement of the' aforesaid laws, until the Government of the 23509 United States shall otherwise order, the territory of the Nava- 23510 joes is hereby annexed to New Mexico. 23511 IV. The Navajo Indians hereby bind themselves to deliver 23512 to the military authority of the United States in New Mexico, at 23513 Santa F6, New Mexico, as soon as* he or they can be appre- 23514 hended, tbe murderer or murderers of Micente Garcia, that said 23515 fugitive or fugitives from justice may be dealt with as justice 23516 may decree. 23517 V. AllAmericanandMexicancaptives,andallstolenproperty 23518 taken from Americans or Mexicans, or other persons or powers 23519 in amity with the United States, shall be delivered by the Navajo 23520 Indians to the aforesaid military authority at Jemez, New Mexico, 23521 on or before the 9th day of October next ensuing, that justice 23522 may be meted out to all whom it may concern ; and also all In- 23523 dian captives and stolen property of such tribe or tribes of 23524 Indians as shall enter into a similar reciprocal treaty, shall, in 23525 like manner, and for the same purposes, be turned over to an 23526 authorized officer or agent of the said States by the aforesaid 23527 Navajoes. 23528 VI. Should any citizen of the United States, or other per- 23529 son or jjersons subject to the laws of the United States, murder, 23530 rob, or otherwise maltreat any Navajo Indian or Indians, he or 23531 they shall be arrested and tried, and upon conviction shall be 23532 subjected to all the penalties provided by law for the protec- 23533 tion of the persons and property of the people of the said States. 23534 VII. The people of the United States of America shall have 23535 free and safe passage through the territory of the aforesaid In- 23536 dians, under such rules and regulations as may be adopted by 23537 authority of the said States. 23538 VIII. In order to preserve tranquility, and to afford pro- 23539 tection to all the people and interests of the contracting parties, 23540 the Government of the United States of America will establish 23541 such military posts and agencies, and authorize such tradiug- 23542 houses, at such time and in such places, as the said Government 23543 may designate. 23544 IX. Ilelyiug confidently upon the justice and the liberality 23545 of the aforesaid Government, and anxious to remove every possi- 23546 ble cause that might disturb their peace and quiet, it is agreed 23547 by the aforesaid Navajoes that the Government of the United 527 23548 States sliall, at its earliest convenience, designate, settle, and 23549 adjust their territorial boundaries, and pass and execute in their 23550 territory such laws as may be deemed conducive to the prosperity 23551 and happiness of said Indians. 23552 X. For and in consideration of the faithful performance of 23553 all the stipulations herein contained by the said Navajo Indians, 23554 the Government of the United States will grant to said Indians 23555 such donations, presents, and implements, and adopt such other 23556 liberal and humane measures, as said Government may deem 23557 meet and proper. 23558 XI. This treaty shall be binding upon the contracting par- 23559 ties from and after the signing of the same, subject only to such 23560 modiflcations and amendments as may be adopted by the Gov- 23561 ernment of the United States ; and, finally, this treaty is to 23562 receive a liberal construction, at all times and in all places, to 23563 the end that the said Navajo Indians shall not be held respon- 23564 sible for the conduct of others, and that the Government of the 23565 United States shall so legislate and act as to secure the perma- 23566 nent prosperity and happiness of said Indians. 23567 Proclaimed September 24, 1850. 23568 Treaty between the United States of America and the Navajo tribe 23569 of Indians, concluded June 1, 1808 ; ratification advised July 23570 25, 1868. 23571 Andrew Johnson, President of the United States of America, 23572 to all and singular to whom these presents shall come, greet- 23573 ing : 23574 Whereas a treaty was made and concluded at Fort Sumner, 23575 in the Territory of New Mexico, on the first day of June, in the 23576 year of our Lord one thousand eight hundred and sixty-eight, 23577 by and between Lieutenant-General W. T. Sherman and Sam- 23578 nel F. Tappan, commissioners, on the part of the United States, 23579 and Barboncito, Armijo, and other chiefs and head-men of the 23580 Navajo tribe of Indians, on the part of said Indians, and duly 23581 authorized thereto by them, which treaty is in the words and 23582 figures following, to wit : 23583 Articles of a treaty and agreement made and entered into at 23584 Fort Sumner, New Mexico, on the first day of June, one 23585 thousand eight hundred and sixty-eight, by and between 23586 the United States, represented by its commissioners, Lieu- 23587 tenant-General ^L T. Sherman and Colonel Samuel F. Tap- 23588 pan, of the one part, and the Navajo Nation or tribe of 23589 Indians, represented by their chiefs and head-men, duly au- 23590 thorized and empowered to act for the whole people of said 528 23591 nation'or tribe,''(the names of said chiefs and head-men being 23592 hereto subscribed,) of the other part, witness : 23593 Article 1. Prom this day' forward all war between the 23594 parties to this agreement shall forever cease. The Government 23595 of the United States desires peace, and its honor is hereby 23596 pledged to keep it. The Indians desire peace, and they now 23597 pledge their honor to keep it. 23598 If bad men among the whites, or among other people sub- 23599 ject to the authority of the United States, shall commit any 23600 wrong upon the person or property of the Indians, the United 23601 States will, upon proof made to the agent and forwarded to the 23602 Commissioner of Indian Affairs at Washington City, proceed at 23603 once to cause the offender to be arrested and punished accord - 23604 ing to the laws of the United States, and also to reimburse the 23605 injured persons for the loss sustained. 23606 If bad meu among the Indians shall commit a wrong or dep- 23607 redation upon the person or property of any one, white, black, 23608 or Indian, subject to the authority of the United States and at 23609 peace therewith, the ]!>favajo tribe agree that they will, on proof 23610 made to their agent, and on notice by him, deliver up the wrong- 23611 doer to the United States, to be tried and punished according 23612 to its laws ; and in case they wilfully refuse so to do, the per- 23613 son injured shall be reimbursed for his loss from the annuities 23614 or other moneys due or to become due to them under this treaty, 23615 or any others that may be made with the United States. And 23616- the President may prescribe such rules and regulations for as- 23617 certaining damages under this article as in his judgment may 23618 be proper ; but no such damage shall be adjusted and paid until 23619 examined and passed upon by theCommissionerof Indian Affairs, 23620 and no one sustaining loss whilst violating, or because of his 23621 violating, the provisions of this treaty or the laws of the United 23'622 States, shall be reimbursed therefor. 23623 Article 2. The United States agrees that the following 23624 district of country, to wit : bounded on the north by the 37th 23625 degree of north latitude, south by an east and west line passing 23626 through the site of old Fort Defiance, in Caiion Bonito, east by 23627 the parallel of longitude which, if prolonged south, would pass 23628 through old Fort Lyon, or the Ojo-de-oso, Bear Spring, and 23629 west by a parallel of longitude about 109° 30' west of Green- 23630 wich, provided it embraces the outlet of the Canon-de-Chilly, 23631 which canon is to be all included in this reservation, shall be, 23632 and the same is hereby, set apart for the use and occupation of 23633 the IsTavajo tribe of Indians, and for such other friendly tribes 23634 or individual Indians as from time to time they may be willing, 23635 with the consent of the United States, to admit among them ; 23636 and the United States agrees that no persons except those 529 23637 herein so authorized to do, and except such officers, soldiers, 23638 agents, and employes of the Government, or of the Indians, as 23639 may be authorized to enter upon Indian reservations in discharge 23640 of duties imposed by law, or the orders of the President, shall 23641 ever be permitted to pass over, settle upon, or reside in, the ter- 23642 ritory described in this article. 23643 Article 3. The United States agrees to cause to be built, 23644 at some point within said reservation, where timber and water 23645 may be convenient, the following buildings: a warehouse, to 23646 cost not exceeding twenty-five hundred dollars; an agency 23647 building for the residence of the agent, not to cost exceeding 23648 three thousand dollars; a carpeuter-shop and blacksmith-shop, 23649 not to cost exceeding one thousand dollars each ; and a school- 23650 house and chapel, so soon as a sufficient number of children 23651 can be induced to attend school, which shall not cost to exceed 23652 five thousand dollars. 23653 Article 4. The United States agrees that the agent for 23654 the Navajos shall make his home at the agency building ; that 23655 he shall reside among them, and shall keep an office open at all 23656 times for the purpose of i)rompt and diligent inquiry into such 23657 matters of complaint by or against the Indians as may be pre- 23658 sented for investigation, as also for the faithful discharge of 23659 other duties enjoined by law. In all cases of depredation on 23660 person or property he shall cause the evidence to be taken in 23661 writing and forwarded, together with his finding, to the Oom- 23662 missiouer of Indian Affairs, whose decision shall be binding on 23663 the parties to this treaty. 23064 Article 5. If any individual belonging to said tribe, or Je- 23665 gaily incorporated with it, being the head of a family, shall desire 23666 to commence farming, he shall have the privilege to select, in the 23667 presence and with the assistance of the agent then in charge, a 23668 tract of land within said reservation, not exceeding one hun- 23669 dred and sixty acres in extent, which tract, when so selected, 23670 certified, and recorded in the '• land-book" as herein described, 23671 shall cease to be held in common, but the same may be occupied 23672 and held in the exclnsive possession of the person selecting it, 23673 and of his family, so long as he or they may continue to culti- 23674 vate it. 23675 Any person over eighteen years of age, not being the head 23676 of a family, maj^ in like manner select, and cause to be certified 23677 to him or her for purposes of cultivation, a quantity of land, 23678 not exceeding eighty acres in extent, and thereupon be entitled 23679 to the exclusive possession of the same as above directed. 23080 For each tract of land so selected a certificate containing a 23681 description thereof, and the name of the person selecting it, 23682 with a certificate endorsed thereon that the same has been re- 67 I T 530 23683 corded, shall be delivered to the party entitled to it by the 23684 agent, after the same shall have been recorded by him in a book 23685 to be kept in his office, subject to inspection, which said book 23686 shall be known as the '■'■ Navajo land-book." 23687 The President may at any time order a survey of the reser- 23688 vation, and when so surveyed, Congress shall provide for pro- 23689 tecting the rights of said settlers in their improvements, and 23690 may fix the character of the title held by each. 23691 The United States may pass such laws on the subject of 23692 alienation and descent of property between the Indians and 23693 their descendants as may be thought proper. 23694 Article 6. In order to insure the civilization of the Indians 23695 entering into this treaty, the necessity of education is admitted, 23696 especially of such of them as may be settled on said agricul- 23697 tural parts of this reservation, and they therefore pledge them- 23698 selves to compel their children, male and female, between the 23699 ages of six and sixteen years, to attend school; and it is hereby 23700 made the duty of the agent for said Indians to see that this 23701 stipulation is strictly complied with ; and the United States 23702 agrees that for every thirty children between said ages, who 23703 can be induced or compelled to attend school, a house shall be 23704 provided, and a teacher competent to teach the elementary 23705 branches of an English education shall be furnished, who shall 23706 reside among said Indians and faithfully discharge his or her 23707 duties as a teacher. 23708 The provisions of this article to continue for not less than 23709 ten years. 23710 Article 7. When the head of a family shall have selected 23711 lands and received his certificate as above directed, and the 23712 agent shall be satisfied that he intends in good faith to com- 23713 raence cultivating the soil for a living, he shall be entitled 23714 to receive seeds and agricultural" implements for the first year, 23715 not exceeding in value one hundred dollars, and for each suc- 23716 ceeding year he shall continue to farm, for a period of two years, 23717 he shall be entitled to receive seeds and implements to the 23718 value of twenty-five dollars. 23719 Article 8. In lieu of all sums of money or other aunui- 23720 ties provided to be paid to the Indians herein named, under 23721 any treaty or treaties heretofore made, the United States agrees 23722 to deliver at the agency-house on the reservation herein named, 23723 on the first day of September of each year for ten years, the 23724 following articles, to wit : 23725 Such articles of clothing, goods, or raw materials in lieu 23726 thereof as the agent may make bis estimate for, not exceeding 23727 in value five dollars per Indian — each Indian being encouraged g3728 to manufacture their own clothing, blankets, &c. ; to be fur- 531 23729 nished -with no article which they can manufacture themselves. 23730 And, in order that the Commissioner of Indian Affairs may be 23731 able to estimate properly for the articles herein named, it shall 23732 be the duty of the agent each year to forward to him a full and 23733 exact census of the Indians, on which the estimate from year to 23734 year can be based. 23735 And in addition to the articles herein named, the sum] of 23736 ten dollars for each person entitled to the beneficial effects of 23737 this treaty shall be annually appropriated for a period of ten 23738 years, for each person who engages in farming or mechanical 23739 pursuits, to be used by the Commissioner of Indian Affairs in 23740 the purchase of such articles as from time to time the condition 23741 and necessities of the Indians may indicate to be proper ; and if 23742 within the ten years at anytime it shall appear that the amount 23743 of money needed for clothing, under the article, can be appro- 23744 priated to better uses for the Indians named herein, the Com- 23745 missioner of Indian Affairs may change the appropriation to 23746 other purposes, but in no event shall the amount of this appro- 23747 priation be withdrawn or discontinued for the period named, 23748 provided they remain at peace. And the President shall annu- 23749 ally detail an officer of the Army to be preseht and attest the 23750 delivery of all the goods herein named to the Indians, and he 23751 shall inspect and report on the quantity and quality of the 23752 goods and the manner of their delivery. 23753 _ Article 9. In consideration of the advantages and bene- 23754 fits conferred by this treaty, and the many pledges of friendship 23755 by the United States, the tribes who are parties to this agree- 23756 ment hereby stipulate that they will relinquish all right to occupy 23757 any territory outside their reservation, as herein defined, but 23758 retain the right to hunt on any unoccupied lands contiguous to 23759 their reservation, so long as the large game may range thereon 23760 in such numbers as to justify the chase; and they, the said 23761 Indians, further expressly agree : 23762 1st. That they will make no opposition to the construction 23763 of railroads now being built or hereafter to be built across the 23764 continent; 23765 2d. That they will not interfere with the peaceful construc- 23766 tion of any railroad not passing over their reservation as herein 23767 defined. 23768 3d. That they will not attack any persons at home or travel- 23769 ling, nor molest or disturb any wagon-trains, coaches, mules, or 23770 cattle belonging to the people of the United States, or to persons 23771 friendly therewith. 23772 4th. That they will never capture or carry off from the 23773 settlements women or children. 532 23774 5th. They will never kill or scalp white men, nor attempt to 23775 do them harm. 23776 6th. They will not in future oppose the construction of rail- 23777 roads, wagon-roads, mail stations, or other works of utility or 23778 necessity which may be ordered or permitted by the laws of the 23779 United States ; but should such roads or other works be con- 23780 structed on the lands of their reservation, the Government will 23781 pay the tribe whatever amount of damage may be assessed by 23782 three disinterested commissioners to be appointed by the Presi- 23783 dent for that purpose, one of said commissioners to be a chief or 23784 head-man of the tribe. 23785 7th. They will make no opposition to the military posts or 23786 roads now established, or that jnay be established, not in viola- 23787 tion of treaties heretofore made or hereafter to be made with 23788 any of the Indian tribes. 23789 AUTICLE 10. No future treaty for the cession of any portion 23790 or part of the reservation herein described, which may be held 23791 in common, shall be of any validity or force against said Indians 23792 unless agreed to and executed by at least three-fourths of all 23793 the adult male Indians occupying or interested in the same ; and 23794 no cession by the tribe shall be understood or construed in such 23795 manner as to deprive, without his consent, any individual mem- 23796 ber of the tribe of his rights to any tract of land selected by him 23797 as provided in article 5 of this treaty. 23798 Article 11. The Navajos also hereby agree that at any 23799 time after the signing of these presents they will proceed in such 23800 manner as may be required of them by the agent, or by the officer 23801 charged with their removal, to the reservation herein provided 23802 for, the United States paying for their subsistence en route, 23803 and providing a reasonable amount of transportation for the sick 23804 and feeble. 23805 Aktiole 12. It is further agreed by and between the parties 23806 to this agreement that the sum of one hundred and lifty thon- 23807 sand dollars appropriated, or to be appropriated, shall be dis- 23808 bursed as follows, silbject to any condition provided in the law, 23809 to wit: 23810 1st. The actual cost of the removal of the tribe from the 23811 Bosque Eedondo reservation to the reservation, say fifty thou- 23812 sand dollars. 23813 2d. The purchase of fifteen thousand sheep and goats, at a 23814 cost not to exceed thirty thousand dollars. 23815 3d. The purchase of five hundred beef cattle and a million 23816 pounds of corn, to be collected and held at the military post 23817 nearest the reservation, subject to the orders of the agent, for 23818 the relief of the. needy during the coming winter. 23819 4th. The balance, if any, of the appropriation to be invested ■ 533 23820 for the maintenance of the Indians pending their removal, in 23821 such manner as the agent who is with them may determine. 23822 5th. The removal of this tribe to be made under the supreme 23823 control and direction of the military commander of the Terri- 23824 tory of New Mexico, and when completed, the management of 23825 the tribe to revert to the proper agent. 23826 Article 13. The tribe herein named, by their representa- 23827 tives, parties to this treaty, agree to make the reservation herein 23828 described their permanent home, and they will not as a tribe 23829 make any permanent settlement- elsewhere, reserving the right 23830 to hunt on the lands adjoining the said reservation formerly 23831 called theirs, subject to the modifications named in this treaty 23832 and the orders of the commander of the department in which 23833 said reservation may be, for the time being; and it is further 23834 agreed and understood by the parties to this treaty, that if any 23835 Navajo Indian or Indians shall leave the reservation herein 23836 described, to settle elsewhere, he or they shall forfeit all the 23837 rights, privileges, and annuities conferred by the terras of this 23838 treaty ; and it is further agreed by the parties to this treaty, tbat 23839 they will do all they can to induce Indians now away from reser- 23840 vations set apart for the exclusive use and occupation of the In- 23841 dians, leading a nomadic life, or engaged in war against the 23842 people of the United States, to abandon such a life and settle 23843 permanently in one of the territorial reservations set apart for 23844 the exclusive use and occupation of the Indians." 23845 Proclaimed August 12, 1818. 23S40 NEZ PEECElS. 23847 Treaty between the United States of America and the Nez Perce 23848 Indians, concluded at Gamp Stevens, in the Walla-Walla 23819 Valley, June 11, 1855 ; ratified hy the Senate March 8, 1859. 23850 James Buchanan, President of the United States of America, 23851 to all and singular to whom these presents shall come, greet- 23852 ing: 23853 Whereas a treaty was made and concluded at the treaty^ 23854 ground. Camp Stevens, in the Walla- Walla Valley, on the eleventh 23855 day of June, one thousand eight hundred and fllty-flve, between 23856 Isaac I. Stevens, governor and superintendent of Indian affairs 23857 for the Territory of 'Washington, and Joel Palmer, superintend- 23858 ent of Indian affairs for Oregon Territory, on the part of the 23859 United States, and the hereinafter-named chiefs^ head-men, and 23860 delegates of the Nez Perc6 tribe of Indians occupying lands lying 534 • 23861 partly in Oregon and partly in Washington Territory, between 23862 the Cascade and the Bitter Eoot Mountains, on behalf of and 23863 duly authorized by said tribe, which said treaty is in the words 23864 and figures following, to wit : 23865 Articles of agreement and convention made and concluded at 23866 the treaty ground, Camp Stevens, in the Walla-Walla Valley, 23867 this eleventh day of June, in the year one thousand eight 23868 hundred and fifty-five, by and between Isaac I. Stevens, 23869 governor and superintendent of Indian affairs fortheTer- 23870 ritory of Washington, and Joel Palmer, superintendent of 23871 Indian affairs for Oregon Territory, on the part of the United 23872 States, and the undersigned chiefs, head-men, and delegates of 23873 the I^ez Perc(§ tribe of Indians occupying lands lying partly 23874 in Oregon and partly in Washington Territories, between 23875 the Cascade and Bitter Eoot Mountains, on behalf of and 23876 acting for said tribe, and being duly authorized thereto by 23877 them, it being understood that Superintendent Isaac I. 23878 •■ Stevens assumes to treat only with those of the above- 23879 named tribe of Indians residing within the Territory of 23880 Washington, and Superintendent Palmer with those resid- 23881 ing exclusively in Oregon Territory. 23882 Article 1. The said Nez Perc6 tribe of Indians hereby 23883 cede relinquish, and convey to the United States all their right, 23884 title, and interest in and to the country occupied or claimed by 23885 them, bounded and described as follows, to wit : Commencing at 23886 the source of the Wo-na-ne-she or southern tributary of the Pa- 23887 louse Eiver; thence down that river to the main Palouse; thence 23888 in a southerly direction to the Snake Eiver, at the mouth of the 23889 Tucanon Eiver : thence up the Tucanon to its source in the Blue 23890 Mountains ; thence southerly along the ridge of the Blue Mount- 23891 ains; thence to a point on Grand Eonde Eiver, midway between 23892 Grand Eonde and the mouth of the Woll-low-how Eiver ; thence 23893 along the divide between the waters of the Woll-low-how and 23894 Powder Eiver ; thence to the crossing of Snake Eiver, at the 23895 mouth of Powder Eiver; thence to the Salmon Eiver, fifty miles 23896 above the place known [as] the " crossing of the Salmon Eiver ;" 23897 thence due north to the summit of the Bitter Eoot Mountains ; 23898 thence^along the crest of the Bitter Eoot Mountains to the place 23899 of beginning. 23900 Article 2. There is, however, reserved from the lands 23901 above ceded for the use and occupation of the said tribe, and as 23902 a general reservation for other friendly tribes and bands of In- 23903 dians in Washington Territory, not to exceed the present num- 23904 bers of the Spokane, Walla-Walla, Cayuse, and Umatilla tribes 23905 and bands of Indians, the tract of land included within the foL 23906 lowing boundaries, to wit: Commencing where thfe Moh-ha-na- 535 23907 she or southern tributary of the Palouse Eiver flows from the 23908 spurs of the Bitter Eoot Mountains ; thence down said tributary 23909 to the mouth of the Ti-nat^panup Creek; thence southerly to 23910 the crossing of the Snake Eiver, ten miles below the mouth of 23911 the Al-po-wa-wi Eiver ; thence to the source of the Al-po-wa-wi 23912 Eiver in the Blue Mountains ; thence along the crest of the Blue 23913 Mountains; thence to the crossing of the Grand Eonde Eiver, 23914 midway between the Grand Eonde and the mouth of the Woll- 23915 low-how Eiver ; thence along the divide between the waters of 23916 the Woll-low-how and Powder Eivers ; thence to the crossing of 23917 the Snake Eiver, fifteen miles below the mouth of the Powder 23918 Eiver; thence to the Salmon Eiver above the crossing; thence, 23919 by the spurs of the Bitter Eoot Mountains, to the place of be^ 23920 ginning. 23921 All which tract shall be set apart, and, so far as necessary, 23922 surveyed and marked out for the exclusive use and benefit of 23923 said tribe as an Indian reservation ; nor shall any white man, 23921 excepting those in the employment of the Indian Department, 23925 be permitted to reside upon the said reservation without permis 23926 sion of the tribe and the superintendent and agent ; and the said 23927 tribe agrees to remove to and settle upon the same within one 23928 year after the ratification of this treaty. In the mean time it 23929 shall be lawful for them to reside upon any ground not in the 23930 actual claim and occupation of citizens of the United States, 23931 and upon any ground claimed or occupied, if with the permission 23932 of the owner or claimant, guarantying, however, the right to all 23933 citizens of the United States to enter upon and occupy as settlers 23934 any lands not actually occupied and cultivated by said Indians 23935 at this time, and not included in the reservation above named. 23936 And provided that any substantial improvement heretofore 23937 made by any Indian, such as fields enclosed and cultivated, and 23938 houses erected upon the lands hereby ceded, and which he may 23939 be compelled to abandon in consequence of this treaty, shall be 23940 valued under the direction of the President of the United States, 23941 and payment made therefor in money, or improvements of an 23942 equal value be made for said Indian upon the reservation, and 23943 no Indian will be required to abandon the improvements afore- 23944 said, now occupied by him, until their value in money or im- 23945 provements of equal value shall be furnished him as aforesaid. 23946 Akticlb 3. And provided that, if necessary for the public 23947 convenience, roads may be run through the said reservation, 23948 and, on the other hand, the right of way, with free access from 23949 the same to the nearest public highway, is secured to them, as 23950 also the right, in common with citizens of the United States, to 23951 travel upon all public highways. The use of the Clear Water 23952 and other streams flowing through the reservation is also se- 536 23953 cured to citizens of the United States for rafting purposes, and 23954 as public highways. 23955 The exclusive right of taking fish in all the streams where 23956 running through or bordering said reservation is further secured 23957 to said Indians ; as also the right of taking fish at all usual and 23958 accustomed places in common with citizens of the Territory ; 23959 and of erecting temporary buildings for curing, together with 23960 the privilege of hunting, gathering roots and berries, and pas- 23961 taring their horses and cattle upon open and unclaimed land. 23962 Article 4. In consideration of the above cession, the 23963 United States agree to pay to the said tribe, in addition to the 23964 goods and provisions distributed to them at the time of signing 23965 this treaty, the sum of two hundred thousand dollars, in the 23966 following manner, that is to say, sixty thousand dollars, to be 23907 expended under the direction of the President of the United 2396S States, the first year after the ratification of this treaty, in pro- 23969 viding for their removal to the reserve, breaking up and fenc- 23970 lug farms, building houses, supplying them with provisions and 23971 a suitable outfit, and for such other objects as he may deem 23972 necessary, and the remainder in annuities, as follows : for the 23973 first five years after the ratification of this treaty, ten thousand 23974 dollars each year commencing September 1, 1856 ; for the next 23975 five years, eight thousand dollars each year ; for the next five 23976 years, six thousand each year, and for the next five years, four 23977 thousand dollars each year, 23978 All which said sums of money shall be applied to the use and 23979 benefit of the said Indians, under the direction of the President 23980 of the United States, who may, from time to time, determine, 23981 at his discretion, upon what beneficial objects to expend the 23982 same for them. And the superintendent of Indian affairs, or 23983 other proper officer, shall each year inform the President of the 23984 wishes of the Indians in relation thereto. 23985 Article 5. The United States further agree to establish, 23986 at suitable points within said reservation, within one year after 23987 the ratification hereof, two schools, erecting the necessary build- 23988 ings, keeping the same in repair, and providing them withfurni- 23989 ture, books, and stationery, one of which shall be an agricul- 23990 tural and industrial school, to be located at the agency, and to 23991 be free to the children of said tribe, and to employ one superinteiid- 23992 entof teaching and two teachers; to build two blacksmiths' shops. 23993 to one of which shall be attached a tin-shop and to the other a 23994 gunsmith's shop ; one carpenter's shop, one wagon and plough 23995 maker's shop, and to keep the same in repair, and furnished 23996 with the necessary tools ; to employ one superintendent of farm- 23997 ing and two farmers, two blacksmiths, one tinner, one gunsmith, 23998 one carpenter, one wagon and plough maker, for the instruction 5^7 23999 of the Indians in trades, and to assist them in the same ; to 24000 erect one saw-mill and one flouring-mill, keeping the same in 24001 repair, and furnished wi'th the necessary tools and fixtures, and 24002 to employ two millers ; to erect a hospital, keeping the same in' 24003 repair, and provided with the necessary medicines and furniture,^ 24004 and to employ a physician ; and to erect, keep in repair, and' 24005 provide with the necessary furniture the buildings required for 24006 the accommodation of the said employees. The said buildings 24007 and establishments to be maintained and kept in repair as 24008 aforesaid, and the employees to be kept in service for the period 24009 of twenty years. 24010 And in view of the fact that the head chief of the tribe is 24011 expected, and will be called upon, to perform many services of 24012 a public character, occupying much of his time, the United 24013 States further agrees to pay to the Nez Perce tribe five hundred 24014 dollars per year, for the term of twenty years after the ratifica- 24015 tion hereof, as a salary for such person as the tribe may select 24016 to be its head chief; to build for him, at a suitable point on 24017 the reservation, a comfortable house, and properly furnish the 24018 same, and to plough and fence for his use ten acres of land. 24019 The said salary to be paid to, and the said house to be occupied 24020 by, such head chief so long as he may be elected to that position 24021 by his tribe, and no longer. 24022 And all the expenditures and expenses contemplated in this 24023 fifth article of this treaty shall be defrayed by the United States, 24024 and shall not be deducted from the annuities agreed to be paid 24025 to said tribe, nor shall the cost of transporting the goods for 24026 the annuity-payments be a charge upon the annuities, but shall 24027 be defrayed by the United States. 24028 Article 6. The President may, from time to time, at his 24029 discretion, cause the whole, or such portions of such reservation 24030 as he may think proper, to be surveyed into lots, and assign the 24031 same to such individuals or families of the said tribe as are 24032 willing to avail themselves of the privilege, and will locate on 24033 the same as a permanent home, on the same terms and subject 24034 to the same regulations as are provided in the sixth article of 24035 the treaty with the Omahas in the year 1854, so far as the same 24036 may be applicable. 24037 Article 7. The annuities of the aforesaid tribe shall not 24038 be taken to pay the debts of individuals, 2-4039 Article 8. The aforesaid tribe acknowledge their depend 24040 ence upon the Government of the United States, and promise 24041 to be friendly with all citizens thereof, and pledge themselves to 24042 commit no depredations on the property of such citizens ; and 24043 should any one cr more of them violate this pledge, and the fact 24044 be satisfactorily proved before the agent, the property taken 68 IT 538 24045 sliall be returned, or iu default thereof, or if injured or destroyed, 24046 compensation may be made by the Government out of the an- 24047 nuities, Nor will they make war on any other tribe, except in 24048 self defence, but will submit all matters of diflference between 24049 them and the other Indians to the Government of the United 24050 States, or its agent, for decision, and abide thereby; and if any 24051 of the said Indians commit any depredations on any other In- 24052 dians within the Territory of Washington, the same rule shall 24053 prevail as that prescribed in this article in cases of depredations 24054 against citizens. And the sstid tribe agrees not to shelter or 24055 conceal offenders against the laws of the United States, but to 24056 deliver them up to the authorities for trial. 24057 Article 9. The ISez Percys desire to exclude from their 24058 reservation the use of ardent spirits, and to prevent their people 24059 from drinking the same ; and therefore it is provided that any 24060 Indian belonging to said tribe who is guilty of bringing liquor 24061 into said reservation, or who drinks liquor, may have his or her 24062 proportion of the annuities withheld from him or her for such 24063 time as the President may determine. 24064 Article 10. The Nez Perc6 Indians having expressed in 24065 council a desire that William Oraig should continue to live with 24066 them, he having uniformly shown himself their friend, it is fur- 24067 ther agreed that the tract of land now occupied by him, and 24068 described in his notice to the register and receiver of the land- 24069 office of the Territory of Washington, on the fourth day of June 24070 last, shall not be considered a part of the reservation provided 24071 for in this treaty, except that it shall be subject, in common 24072 with the lands of the reservation, to the operations of the inter- 24073 course act. 24074 Article 11. This treaty shall be obligatory upon the con- 24075 tracting parties as soon as the same shall be ratified by the 24076 President and Senate of the United States. 24077 Proclaimed April 29, 1859. 24078 Treaty between the United States of America and the Nez Perce 24079 tribe of Indians, concluded June 9, 1863 ; ratification ad- 24080 vised, April 17, 1867. 24081 Andrew Johnson, President of the United States of America, 24082 to all and singular to whom these presents shall come, 24083 greeting : 24084 Whereas a treaty was made and concluded at the council- 24085 ground, in the valley of the Lapwai, in the Territory of Wash- 24086 ington, on the ninth day of June, in the year of our Lord one 24087 thousand eight hundred and sixty-three, by and between Calvin 24088 H. Hale, Charles Hutchins, and S. D. Howe, commissioners, on 639 24089 the part of the United States, aud Lawyer, Ute-sia-male-e-cum, 24090 Ha-harch-tuesta, and other chiefs and headmen of the Eez 24091 Perc6 tribe of Indians on the part of said Indians, and duly au- 24092 thorized thereto by them, which treaty is in the words and fig- 24093 ' ures following, to wit : 24094 Treaty between the United States of America and the Nez Perce In- 24095 dians, concluded at the council-ground, in the valley of the 24096 Lapicwl, June ninth, 1863. 24097 Articles of agreement made aud concluded at the council 24098 ground, in the valley of the Lapwai, W. T., on the ninth 24099 day of June, one thousand eight hundred and sixty-three, 24100 between the United States of America, by C. H. Hale, su- 24101 perintendent of Indian affairs, and Charles Hutchins and 24102 S. D. Howe, U. S. Indian agents for the Territory of Wash- 24103 ington, acting on the part and in behalf of the United 24104 States, and the Nez Percd Indians, by the chiefs, head-men, 24105 and delegates of said tribe, such articles being supplemen- 24106 tary and amendatory to the treaty made between the Uni- 24107 ted States and said tribe on the 11th day of June, 1855. 24108 Article 1. The said Kez Perc6 tribe agree to relinquish, 24109 and do hereby relinquish, to the United States the lands here- 24110 tofore reserved for the use and occupation of the said tribe, sav- 24111 ing and excepting so much thereof as is described in Article II, 24112 for a new reservation. 24113 Aetiole 2. The United States agree to reserve for a home, 24114 - and for the sole use and occupation of said tribe, the tract of 24115 land included within the following boundaries, to wit: Com- 24116 mencing at the northeast corner of Lake Wa-ha, and running 24117 thence, northerly, to a point on the north bank of the Clearwater 24118 Eiver, three miles below the mouth of the Lapwai, thence down 24119 the north bank of the Clearwater to the mouth of the Hatwai 24120 Creek ; thence due north, to a point seven miles distant ; thence, 24121 eastwardly, to a point on the north fork of the Clearwater, seven 24122 miles distant from its mouth ; thence to a point on Oro Fino 24123 Creek, five miles above its mouth ; thence to a point on the 24124 north fork of the south fork of the Clearwater, five miles above 24125 its mouth ; thence to a point on the south fork of the Clear- 24126 water, one mile above the bridge, on the road leading to Elk 24127 City, (so as to include all the Indian farms now within the 24128 forks ;) thence in a straight line, westwardly, to the place of 24129 beginning. 24130 All of which tract shall be set apart, and the above- 24131 described boundaries shall be surveyed and marked out for 24132 the exclusive use and benefit of said tribe as an Indian reserva- 540 24133 tion, nor shall any white man, excepting those in the employ- 24134 ment of the Indian Department, be permitted to reside upon 24135 the said reservation without permission of the tribe and the 241 36 superintendent and agent ; and the said tribe agrees that so soon 34137 after the United States shall make the necessary provision for 24138 fulfilling the stipulations of this instrument as they can con- 24139 veniently arrange their affairs, and not to exceed one year from 24140 its ratification, they will vacate the country hereby relinquished, 24141 and remove to and settle upon the lands herein reserved for 24142 them, (except as may be hereinafter provided.) In the mean 24143 time it shall be lawful for them to reside upon any ground now 24144 occupied or under cultivation by said Indians at this time, and 24145 not included in the reservation above named. And it is pro. 24146 vided that any substantial improvement heretofore made by 24147 any Indian, such as fields inclosed and. cultivated, or houses 24148 erected upon the lands hereby relinquished, and which he may 24149 be compelled to abandon in consequence of this treaty, shall be 24150 valued under the direction of the President of the United 24151 States, and payment therefor shall be made ia stock or in im- 24152 provements of an equal value for said Indian upon the lot which 24153 may be assigned to him within the bounds of the reservation, as 24154 he may choose, and no Indian will be required to abandon the 24155 improvements aforesaid, now occupied by him, until said pay- 24156 ment or improvement shall have been made. And it is further 24157 provided, that if any Indian living on any of the land hereby 24158 relinquished should prefer to sell his improvements to any white 24159 man, being a loyal citizen of the United States, prior to the 24160 same being valued as aforesaid, he shall be allowed so to do, but 24161 the sale or transfer of said improvements shall be made in the 24162 presence of, and with the consent and approval of, the agent or 24163 superintendent, by whom a certificate of sale shall be issued to 24164 the party purchasing, which shall set forth the amount of the 24165 consideration in kind. Before the issue of said certificate, the 24166 agent or superintendent shall be satisfied that a valuable con- 24167 sideration is paid, and that the party purchasing is of undoubted 24168 loyalty to the United States Government. No settlement or 24169 claim made upon the improved lands of any Indian will be per- 24170 mitted, except as herein provided, prior to the time specified for 24171 their removal. Any sale or transfer thus made shall be in the 24172 stead of payment for improvements from the United States. 24173 Article 3. The President shall, immediately after the rati- 24174 fication of this treaty, cause the boundary-lines to be surveyed, 24175 and properly marked and established ; after which, so much of 24176 the lands hereby reserved as may be suitable for cultivation 24177 shall be surveyed into lots of twenty acres each, and every 24178 male person of the tribe who shall have attained the age of 541 24179 twenty-one years, or is the head of a family, shall have the 24180 privilege of locating upon one lot as a permanent home for such 24181 person, and the lands so surveyed shall be allotted under such 24182 rules and regulations as the President shall prescribe, having 24183 such reference to their settlement as may secure adjoining each 24184 other the location of the different families pertaining to each 24185 band, so far as the same may be practicable. Such rules and 24186 regulations shall be prescribed by the President, or under his 24187 direction, as will insure to the family, in case of the death of 24188 the head thereof, the possession and enjoyment of such perma- 24189 nent home, and the improvements thereon. When the assign- 24190 ments as above shall have been completed, certilicates shall be 24191 issued by the Commissioner of Indian Affairs, or under his 24192 direction, for the tracts assigned in severalty, specifying the 24193 names of the individuals to whom they have been assigned 24194 respectively, and that said tracts are set apart for the perpetual 24195 and exclusive use and benefit of such assignees and their heirs. 24196 Until otherwise provided by law, such tracts shall be exempt 24197 from levy, taxation, or sale, and shall be alienable in fee, or 24198 leased, or otherwise disposed of, only to the United States, or to 24199 persons then being members of the Nez Perce tribe, and of 24200 Indian blood, with the permission of the President, and under 24201 such regulations as the Secretary of the Interior or the Commis- 24202 sioner of Indian Affairs shall prescribe ; and if any such person 24203 or family shall at any time neglect or refuse to occupy and till a 24204 portion of the land so assigned, and on which they have located, 24205 or shall rove from place to place, the President may cancel the 24206 assignment, and may also withhold from such person or family 24207 their proportion of the annuities or other payments due them 24208 until they shall have returned to such permanent home, and re- 24209 sumed the pursuits of industry ; and in default of their return, 24210 the tract may be declared abandoned, and thereafter assigned to 24211 some other person or family of such tribe. The residue of the 24212 land hereby reserved shall be held in common for pasturage for 24213 the sole use and benefit of the Indians : Provided, however, That 24214 from time to time, as members of the tribe may come upon the 24215 reservation, or may become of proper age, after the expiration 24216 of the time of one year after the ratification of this treaty, as 24217 aforesaid, and claim the privileges granted under this article, 24218 lots may be assigned from the lands thus held in common, wher- 24219 ever the same may be suitable for cultivation. Ko State or ter- 24220 ritorial legislature shall remove the restriction herein provided 24221 for without the consent of Congress, and no State or territorial 24222 law to that end shall be deemed valid until the same has been 24223 specially submitted to Congress for its approval. 24224 Article 4. In consideration of the relinquishment herein 542 24225 made the United States agree to pay to the said tribe, in addi- 24226 tion to the annuities provided by the treaty of June 11, 1855, 24227 (proclaimed April 29, 1859,) and the goods and provisions dis- 24228 tributed to them at the time of signing this treaty, the sum of 24229 two hundred and sixty-two thousand and five hundred dollars, 24230 in manner following, to wit : 24231 First. One hundred and fifty thousand dollars, to enable the 24232 Indians to remove and locate upon the reservation, to be expended 24233 in the ploughing of land, and the fencing of the several lots 24234 which may be assigned to those individual members of the tribe 24235 who will accept the same in accordance with the provisions of 24236 the preceding article, which said sum shall be divided into four 24237 annual instalments, as follows: For th* first year after the rati- 24238 flcation of this treaty, seventy thousand dollars ; for the second 24239 year, forty thousand dollars; for the third year, twenty-five 24240 thousand dollars; for the fourth year, fifteen thousand dollars. 24241 Second. Fifty thousand dollars to be paid the first year 24242 after the ratification of this treaty in agricultural implements, to 24243 include wagons or carts, harness, and cattle, sheep or other stock, 24244 as may be deemed most beneficial by the superintendent of In- 24245 dian affairs, or agent, after ascertaining the wishes of the In- 24246 'dians in relation thereto. 24247 Third. Ten thousand dollars for the erection of a saw and 24248 flouring mill, to be located at Kamia, the same to be erected 24249 within one year after the ratification hereof. 24250 Fourth. Fifty thousand dollars for the boarding and cloth- 24251 ing of the children who shall attend the schools, in accordance 24252 with such rules or regulations as the Commissioner of Indian 24253 Affairs may prescribe, providing the schools and boarding-houses 24254 with necessary furniture, the purchase of necessary wagons, 24255 teams, agricultural implements, tools, &c., for their use, and for 24256 the fencing of such lands as may be needed for gardening and 24257 farming purposes, for the use and benefit of the schools, to be 24258 expended us follows : The first year after the ratification of this 24259 treaty, six thousand dollars ; for the next fourteen years, three 24260 thousand dollars each year ; and for the succeeding year, being 24261 the sixteenth and last instalment, two thousand dollars. 24262 Fifth. A further sum of two thousand five hundred dollars 24263 shall be paid within one year after the ratification hereof, to 24264 enable the Indians to build two churches, one of which is to be 24265 located at some suitable point on the Kamia, and the other on 24266 the Lapwai. 24267 Article 5. The United States further agree, that in addi. 24268 tion to a head chief the tribe shall elect two subordinate chiefs, 24269 who shall assist him in the performance of his public services, 24270 and each subordinate chief shall have the same amount of land 543 24271 ploughed and fenced, with comfortable house and necessary fur- 24272 niture, and to whom the same salary shall be paid as is already 24273 provided for the head chief in article 5 of the treaty of June 11, 24274 1855, the salary to be paid and the houses and land to be occu- 24275 pied during the same period and under like restrictions as therein 24276 mentioned. 24277 And for the purpose of enabling the agent to erect said 24278 buildings, and to plough and fence the land, as well as to pro- 24279 cure the necessary furniture, and to complete and furnish the 24280 house, &c., of the head chief, as heretofore provided, there shall 24281 be appropriated, to be expended within the first year after the 24282 ratification hereof, the sum of two thousand five hundred dol- 24283 lars. 24284 And inasmuch as several of the provisions of said art. 5th 24285 of the treaty of June 11, 1855, pertaining to the erection of 24286 school-houses, hospitals, shops, necessary buildings for em- 24287 ploye[e]s and for the agency, as well as providing the same with 24288 necessary furniture, tools, &c., have not yet been complied with , 24289 it is hereby stipulated that there shall be appropriated, to be 24290 expended for the purposes herein specified during the first year 24291 after the ratification hereof, the following sums, to wit : 24292 First. Ten thousand dollars for the erection of the two .24293 schools, including boarding-houses and the necessary out-build- 24294 ings ; said schools to be conducted on the manual-labor system 24295 as far as practicable. 24296 Second. Twelve hundred dollars for the erection of the hos- 24297 pital, and providing the necessary furniture for the same. 24298 Third. Two thousand dollars for the erection of a black- 24299 smith's shop, to be located at Kamia, to aid in the completion 24300 of the smith's shop at the agency, and to purchase the necessary 24301 tools, iron, steel, &c. ; and to keep the same in repair and prop- 24302 erly stocked with necessary tools and materials, there shall be 24303 appropriated thereafter, for the fifteen years next succeeding, 24304 the sum of five hundred dollars each year. 24305 Fourth. Three thousand dollars for erection of houses for 24306 employe[e]s, repairs of mills, shops, &c., and providing neces- 24307 sary furniture, tools, and materials. For the same purpose, and 24308 to procure from year to year the necessary articles — that is to 24309 say, saw-logs, nails, glass, hardware, &c. — there shall be appro- .24310 priated thereafter, for the twelve years next succeeding, the sum 24311 of two thousand dollars each year ; and for the next three years 24312 one thousand dollars each year. 24313 And it is further agreed that the United States shall em- 24314 ploy, in addition to those already mentioned in art. 5th of the 24315 treaty of June 11, 1855, two matrons to take charge of the 24316 boarding-schools, two assistant teachers, one farmer, one car-' 24317 penter, and two millers. 544 24318 All the expenditures and expenses cc5iitein plated in this 24319 treaty, and not otherwise provided for, shall be defrayed by the 24320 United States. 24321 Article 6. In consideration of the past services and faith- 24322 falness of the Indian chief, Timothy, it is agreed that the United 24323 States shall appropriate the snm of six hundred dollars, to aid 24324 him in the erection of a house upon the lot of land which may 24325 be assigned to him, in accordance with the provisions of the 24326 third article of this treaty. 24327 Aeticle 7. The United States further agree that the claims 24328 of certain members of the Nez Perc6 tribe against the Govern- 24329 ment for services rendered and for horses furnished by them to 24330 the Oregon mounted volunteers, as appears by certificate issued 24331 by W. H. Fauntleroy, A. E. Qr. M. and Com. Oregon volunteers, 24332 on the 6th of March, 1856, at Gamp Gornelius, and amounting 24333 to the sum of four thousand six hundred and sixty-five dollars, 24334 shall be paid to them in full in gold coin. 24335 Article 8. It is also understood that the aforesaid tribe do 24336 hereby renew their acknowledgments of dependence npon the 24337 Government of the United States, their promises of friendship 24338 and other pledges, as set forth in the eighth article of the treaty 24339 of June 11, 1855 ; and further, that all the provisions of said 24340 treaty -which are not abrogated or specifically changed by any- 24341 article herein coataiped, shall remain the same to all intents and 24342 purposes as formerly — the same obligations resting upon the 24343 United States, the same privileges continued to the Indians out- 24344 side of the reservation, and the same rights secured to citizens 24345 of the U. S. as to right of way upon the streams and over the 24346 roads which may run through said reservation, as are therein 24347 set forth. . 24348 But it is further provided that the United States is the only 24349 competent authority to declare and establish such necessary 24350 roads and highways, and that no other right is intended to be 24351 hereby granted to citizens of the United States than the right 24352 of way upon or over such roads as may thus be legally estab- 24353 lished : Provided, however, That the roads now usually travelled 24354 shall, in the mean time, be taken and deemed as within the 24355 meaning of this article, until otherwise enacted by act of Con- 24356 gress or by the authority of the Indian Department. 24357 And the said tribe hereby consent that upon the public 24358 roads which may run across the reservation there may be estab- 24359 lished, at such points as shall be necessary for public conven- 24360 ience, hotels, or stage-stands, of the number and necessity of 24361 which the agent or superintendent shall be the sole judge, who 24362 shall be competent to license the same, with the privilege of 24363 using such amount of land for pasturage and other purposes 545 24364 connected witli such establishment as the agent or superintend- 24365 ent shall deena necessary, it being understood that such lands 24366 for pasturage are to be enclosed, and the boundaries thereof de- 24367 scribed in the license. 24368 And it is further understood and agreed that all ferries and 24369 bridges withiu the reservation shall be held and managed for 24370 the benefit of said tribe. 24371 Such rules and regulations shall be made by the Commis- 24372 sioner of Indian Affairs, with the approval of the Secretary of 24373 the Interior, as shall regulate the travel on the highways, the 24374 management of the ferries and bridges, the licensing of public 24375 houses, and the leasing of lands, as herein provided, so that the 24376 rents, profits, and issues thereof shall inure to the benefit of said 24377 tribe, and so that thepersonsthuslicensed or necessarily employed 24378 in any of the above relations, shall be subject to the control of 24379 the Indian Department and to the provisions of the act of Gon- 24380 gress " to regulate trade and intercourse with the Indian tribes, 24381 and to preserve peace on the frontiers." 24382 All timber within the bounds of the reservation is exclu- 24383 sively the property of the tribe, excepting that the U. S. Gov- 24384 ernment shall be permitted to use thereof for any purpose con- 24385 nected with its affairs, either in carrying out any of the pro- 24386 visions of this treaty, or in the maintaining of its necessary forts 24387 or garrisons. 24388 The United States also agree to reserve all springs or fount- 24389 ains not adjacent to, or directly connected with, the streams or 24390 rivers within the lands hereby relinquished, and to keep back 24391 from settlement or entry so much of the surrounding land as 24392 may be necessary to prevent the said springs or fountains being 24393 enclosed ; and, further, to preserve a perpetual right of way to 24394 and from the same, as watering places, for the use in common of 24395 both whites and Indians. 24396 Akticlb 9. Inasmuch as the Indians in council have ex- 24397 pressed their desire that Robert Newell should have confirmed 24398 to him a piece of land lying between Snake and Clearwater 24399 Eivers, the same having been given to him on the 9th day of 24400 June, 1861, and described in an instrument of writing bearing 24401 that date, and signed by several chiefs of the tribe, it is hereby 24402 agreed that the said Eobert ISTewell shall receive from the United 24403 States a patent for the said tract of land. 24404 Article 10. This treaty shall be obligatory upon the con- 24405 tracting parties as soon as the same shall be ratified by the Pres- 24406 ident and Senate of the United States. 24407 Proclaimed April 24, 1867. 6D IT 546 24408 Amendatory treaty to the treaty of June 9, 1863, between the United 24409 States of America and the Mez Perce tribe, of Indians, con- 24410 eluded August 13, 1868; ratification advised February 16, 24411 1869. 24412 Andrew Johnson, President of the United States of America, 24413 to all and singular to whom these presents shall come, greet- 24414 ing: 24415 Whereas to the treaty of the ninth of June, one thousaad 24416 eight hundred and sixty-three, (proclaimed April 20, 1867,) 24417 between the United States and the S"ez Perc6 tribe of Indians, 24418 an amendatory treaty was concluded at the city of Washing- 24419 ton, in the District of Columbia, on the thirteenth day of 24420 August, in the year of our Lord one thousand eight hundred 24421 and sixty-eight, by and between Nathaniel G. Taylor, commis- 24422 sioner on the part of the United States, and Lawyer, head 24423 chief, and Timothy and Jason, chiefs, of the Nez Perc6 tribe 24424 of Indians, on the part of said tribe 6f Indians, and duly author- 24425 ized thereto by them, which amendatory treaty is in the words 24426 and figures following, to wit : 24427 Whereas certain amendments are desired by the Nez Perce 24428 tribe of Indians to their treaty concluded at the council ground 24429 in the valley of the Lapwai, in the Territory of Washington, on 24430 the ninth day of June, in the year of our Lord one thousand 24431 eight hundred and sixty-three; and whereas the United States 24432 are willing to assent to said amendments, it is therefore agreed 24433 by and between Nathaniel Gr. Taylor, commissioner on the part 24434 of the United States, thereunto duly authorized ; and Lawyer, 24435 Timothy, and Jason, chiefs of said tribe, also being thereunto 24436 duly authorized, in manner and form following, that is to say : 24437 Aeticlb 1. That all lands embraced within the limits of the 24438 tract set apart for the exclusive use and benefit of said Indians 24439 by the 2d article of said treaty of June 9th, 1863, which are sus- 24440 ceptible of cultivation and suitable for Indian farms, which are 24441 not now occupied by the United States for military purposes, or 24442 which are not required for agency or other buildings and purposes 24443 provided for by existing treaty stipulations, shall be surveyed 24444 as provided in the 3d article of said treaty of June 9th, 1863, and 24445 as soon as the allotments shall be plowed and fenced, and as soon 24446 as schools shall be established as provided by existing treaty stip- 24447 ulations, such Indians now residing outside the reservation as 24448 may be decided upon by the agent of the tribe and the Indians 24449 themselves, shall be removed to and located upon allotments 24450 within the reservation : Provided, hoivever, That in case there 24451 should not be a sufficient quantity of suitable land within the 24452 boundaries of the reservation to provide allotments for those now o . 547 24453 there and those residing outside the boundaries of the same, then 24454 those residing outside, or as many thereof as allotments cannot 24455 be provided for, may remain upon the lands now occupied and 24456 improved by them, provided, that the land so occupied does not 24457 exceed twenty acres for each and every male person who shalj 24458 have attained the age of twenty-one years or is the head of a 24459 family, and the tenure of those remaining upon lands outside the 24460 reservation shall be the same as is provided in said 3d article of 24461 said treaty of June 9th, 1863, for those receiving allotments 24462 within the reservation ; and it is further agreed that those now 24463 residing outside of the boundaries of the reservation and who 4464 may continue to so reside shall be protected by the military au- 24465 thorities in their rights upon the allotments occupied by them, 24466 and also in the privilege of grazing their animals upon siirround- 24467 ing unoccupied lands. 24468 Aeticle 2. It is further agreed between the parties hereto 24469 that the stipulations contained in the 8th article of the treaty of 24470 June 9th, 1863, relative to timber, are hereby annulled as far as 34471 the same provides that the United States shall be permitted to 24472 use thereof in the maintaining of forts or garrisons, and that 24473 the said Indians shall have the aid of the military authorities to 24474 protect the timber upon their reservation, and that none of the 24475 same shall be cut or removed without the consent of the head- 24476 chief of the tribe, together with the consent of the agent and 24477 superintendent of Indian affairs, first being given in writing, 24478 which written consent shall state the part of the reservation upon 24479 which the timber is to be cut, and also the quantity, and the 24480 price to be paid therefor. 24481 Article 3. It is further hereby stipulated and agreed that 24482 the amount due said tribe for school purposes aud for the snp- 24483 port of teachers that has not been expended for that purpose 24484 since the year 1864, but has been used for other purposes, shall 24485 be ascertained and the same shall be re-imbursed to said tribe 24486 by appropriation by Congress, and shall be set apart and invested 24487 in United States bonds and shall be held in trust by the United 24488 States, the interest on the same to be paid to said tribe annually 24489 for the support of teachers. 24490 Proclaimed February 24, 1869. 548 24491 NEW YOEK INDIANS. 24492 TREATY "WITH THE NEW YORK INDIANS, AS AMENDED BY THE 24493 SENATE AND ASSENTED TO BY THE SEVERAL TRIBES, 1838. 24494 Articles of a treaty made and concluded at Buffalo Greeh, in the 24495 State of New York, the fifteenth day of January, in the year of 24496 ou,r Lord one thousand eight hundred and thirty-eight, by 24497 Ransom E. Gillet, a commissioner on the part of the United 24498 States, and the chiefs, head-men, and warriors of the several 24499 tribes of New York Indians assembled in council, witnesseth : 24500 Whereas the Six Natious of New Toi-k Indians, not long 24501 after the close of the war of the Eevolution, became convinced, 24502 from the rapid increase of the white settlers around, that the 24503 time was not far distant when their true interest must lead them 24504 to seek a new home among their red brethren in the West ; and 24505 Whereas this subject was agitated in a general council of the 24506 Six Nations as early as 1810, and resulted in sendingamemorial to 24507 the Presidentof the United States, inquiring whether the Govern- 24508 ment would consent to their leaving their habitations and their 24509 removing into the neighborhood of their western brethren, and if 24510 they could procure a home there, by gift or purchase, whether 24611 the Government would acknowledge their title to the lands so 24512 obtained in the same manner it had acknowledged it in those 24513 from whom they might receive it; and further, whether the ex- 24514 isting treaties would in such a case remain in-full force, and their 24515 annuities be paid as heretofore ; and 24516 Whereas, with the approbation of the President of the 24517 United States, purchases were made by the New York Indians 24518 from the Menomonie and Winnebago Indians of certain lands at 24519 Green Bay in the Territory of Wisconsin, which after much difiS- 24520 culty and contention with those Indians concerning the extent 24521 of that purchase, the whole subject was finally settled by a treaty 24522 between the United States and the Menomonie Indians, cou- 24523 eluded in February, 1831, to which the New York Indians gave 24524 their assent on the seventeenth day of October, 1832 ; and 24525 Whereas, by the provisions of that treaty, five hundred 24526 thousand acres of land are secured to the New York Indians of 24527 the Six Nations and the St. Eegis tribe, as a future home, on 24528 condition that they all remove to the same within three years, 24529 or such reasonable time as the President should prescribe; and 24530 Whereas the President is satisfied that various considera- 24531 tions have prevented those still residing in New York from re- 24532 moving to Green Bay, and, among other reasons, that many 549 24533 who were in favour of emigration preferred to remove at once to 24534 the Indian Territory, which they were fully persuaded was the 24535 only permanent and peaceable home for all the Indians. And 24536 they therefore applied to the President to take their Green Bay 24537 lands, and provide them a new home among their brethren in 24538 the Indian Territory ; and 24539 Whereas the President, being anxious to promote the peace, 21540 prosperity, and happiness of his red children, and being deter- 24541 mined to carry out the humane policy of the Government in 24542 removing the Indians from the east to the west of the Missis- 24543 sippi, within the Indian Territory, by bringing them to see and 24544 feel, by his justice and liberality, that it is their true policy and 24545 for their interest to do so without delay : 24546 Therefore, tailing into consideration the foregoing premises, 24547 the following articles of a treaty are entered into between the 24548 United States of America and the several tribes of the New 21549 York Indians, the names of whose chiefs, head-men, and war 24550 riors are hereto subscribed, ai d those who may hereafter give 24551 their assent to this treaty in writing within such time as tlie 24552 President shall appoint. 24553 GENERAL PEOVISIONS. 24554 Article 1. The several tribes of New York Indians, the 24555 names of whose chiefs, headmen, warriors, and representatives 24556 are hereunto annexed, in consideration of the premises above 24557 recited, and the covenants hereinafter contained, to be performed 24558 on the part of the United States, hereby cede and relinquish to 24659 the United States all their right, title, and interest to the lands 24560 secured to them at Green Bay by the Menomonie treaty of 1831, 24561 excepting the following tract, on ^yhioh a part of the New York 24562 Indians now reside : beginning at the southwesterly corner of 24563 the French grants at Green Bay, and running thence southwardly 24564 to a point on a line to be run from the Little Gocalin, parallel to 24565 a line of the French grants and six miles from Fox Eiver ; from 24566 thence, on said parallel line, northwardly six miles ; from thence 24567 eastwardly to a point on the northeast line of the Indian lands, 24568 and being at right angles to the same. 24569 Article 2. In consideration of the above cession and re- 24570 linquishmeut on the part of the tribes of the New York Indians, 24571 and in order to manifest the deep interest of the United States 24572 in the future peace and prosperity of the New York Indians, the 24573 United States agree to set apart the following tract of country, 24574 situated directly west of the State of JMissouri, as a permanent 24575 home for all the New York Indians now residing in the State of 24576 New York, or in Wisconsin, or elsewhere in the United States, 550 24577 who have no permanent homes, which said country is described 24578 as follows, to wit : Beginning on the west line of the State of 24579 Missouri, at the nortlieast corner of the Cherokee tract, and 24580 running thence north along the west line of the State of Mis- 24581 souri twenty-seven miles to the southerly line of the Miami 24582 lands ; thence west so far as shall be necessary, by running a 24583 line at right angles, and parallel to the west line aforesaid, to 24584 the Osage lands, and thence easterly along the Osage and 24585 Cherokee lands to the place of beginning, to include one million 24586 eight hundred and twenty-four thousand acres of land, being 24587 three hundred and twenty acres for each soul of said Indians as 24588 their numbers are at present computed. To have and to hold 24589 the same in fee-simple to the said tribes or nations of Indians, 24590 by patent from the President of the United States, issued in 24591 conformity with the provisions of the third section of the act 24592 entitled "An act to provide for an exchange of lands with the 24593 Indians residing in any of the States or Territories, and for their 24594 removal west of the Mississippi," approved on the 28th day of 24595 May, 1830, with full power and authority in the said Indians to 24596 divide said lands among the different tribes, nations, or bands 24597 in severalty, with the right to sell and convey to and from each 24598 other, under such laws and regulations as may be adopted by 24599 the respective tribes, acting by themselves, or by a general 24600 council of the said New York Indians, acting for all the tribes 24601 collectively. It isunderstood and agreed thatthe above-described 24602 country is intended as a future home for the following tribes, 24603 to wit: The Senecas, Onondagas,0ayugas, Tuscaroras, Oneida?, 24604 St. Regis, Stockbridges, Munsees, and Brothertowns residing in 24605 the State of New York, and the same is to be divided equally 24606 among them according to their respective numbers, as mentioned 24607 in a schedule hereunto annexed. 24608 Article 3. It is further agreed that such of the tribes of 24609 the New York Indians as do not accept and agree to remove to 24610 the country set apart for their new homes vvithin five years, or 24611 such other time as the President may, from time to time, appoint, 24612 shall forfeit all interest in the lands so set apart to the United 24613 States. 24614 Article 4. Perpetual peace and friendship shall exist be- 24615 tween the United States and the New York Indians ; and the 24616 United States hereby guaranty to protect and defend them in 24617 the peaceable possession and enjoyment of their new homes, 24618 and hereby secure to them, in said country, the right to estab- 24619 lish their own form of government, appoint their own officers, 24620 and administer their own laws ; subject, however, to the legisla- 24621 tion of the Congress of the United States, regulating trade and 24622 intercourse with the Indians. The lands secured to them by 551 24623 patent under this treaty shall never be included in any State or 24624 Territory of this Union. The said Indians shall also be enti- 24625 tied, in all respects, to the same political and civil rights and 24626 privileges that are granted and secured by the United States 24627 to any of the several tribes of emigrant ludians settled in the 24628 Indian Territory. 24629 Article 5. The Oneidas are to have their lands ia the In- 24630 dian Territory, in the tract set apart for the New York Indians, 24631 adjoining the Osage tract, and that hereinafter set apart for the 24632 Senecas; and the same shall be so laid off as to secure them a 24633 sufficient quantity of timber for their use. Those tribes whose 24634 lands are not specially designated in this treatj^ are to have 24635 such as shall be set apart by the President. 24636 Article 6. It is farther agreed that the United States will 24637 pay to those who remove West, at their new homes, all such an- 24638 unities as shall properly belong to them. The schedules here- 24639 unto annexed shall be deemed and taken as a part of this 24640 treaty. 24641 Article 7. It is expressly understood and agreed that 24642 this treaty must be approved by the President and ratified and 24643 confirmed by the Senate of the United States, before it shall 24644 be binding upon the parties to it. It is further expressly un- 24645 derstood and agreed that the rejection, by the President and 24646 Senate, of the provisions thereof, applicable to one tribe, or dis- 24647 tinct branch of a tribe, shall not be construed to invalidate as 24648 to others, but as to them it shall be binding, and remain in full 24649 force and effect. 24650 Article 8. It is stipulated and agreed that the accounts 24651 of the commissioner, and expenses incurred by him in holding 24652 a council with the New York ludians, and concluding treaties at 24653 Green Bay and Duck Creek, in Wisconsin, and in the State of 24654 New York, in 1836, and those for the exploring party of the 24655 New York Indians, in 1837, and also the expenses of the present 24656 treaty, shall be allowed and settled according to former prece- 24657 dents. 24658 SPECIAL PROVISIONS FOR THE ST. REGIS. 24659 Article 9. It is agreed with the American party of the 24660 St. Eegis Indians, that the United States will pay to the said 24661 tribe, on their removal West, or at such time as the President 24662 shall appoint, the sum of five thousand dollars, as a remunera- 24663 tion for monies laid out by the said tribe, and for services ren 24664 dered by their chiefs and agents in securing the title to the 24665 Green Bay lands, and in removal to the same, the same to be 24666 apportioned out to the several claimants by the chiefs of the said 552 24667 party, and a United States commissioner, as may be deemed by 24668 them equitable and just. It is further agreed that the following, 24669 reservation of land shall be made to the Eev. Eleazer Williams, 24670 of said tribe, which he claims in his own right, and in that of his 24671 wife, which he is to hold in fee-simple by patent from the Presi- 24672 dent, with full power and authority to sell and dispose of the 24673 same, to wit : beginning at a point in the west bank of Fox 24674 Eiver, thirteen chains above the old mill-dam at the rapids of the 24675 Little Kockalin ; thence north fifty-two degrees and thirty min- 24676 utes west, two hundred and forty chains ; thence north thirty- 24677 seven degrees and thirty minutes east, two hundred chains ; 24678 thence south fifty-two degrees and thirty minutes east, two hun- 24679 dred and forty chains to the bank of Fox Eiver ; thence up 24680 along the bank of Fox Eiver to the place of beginning. 24681 SPECIAL PKOVISIONS FOK THE SENEGAS. 24682 Article 10. It is agreed with the Senecas that they shall 24683 have for themselves and their friends, the Oayugas and Onon- 24684 dagas, residing among them, the easterly part of the tract set 24685 apart for the New York Indians, and to extend so far west as 24686 to include one half section (three hundred and twenty acres) of 24687 land for each soul of the Senecas, Oayugas, and Onondagas, re- 24688 Hiding among them ; and if, on removing West, they find there 24689 is not snificient timber on this tract for their use, then the Presi- 24690 deut shall add thereto timber land sufficient for their accommo- 24691 dation, and they agree to remove ; to remove from the State of 24692 New York to their new homes withiu five years, aud to continue 24693 to reside there. And whereas, at the making of this treaty, 24694 Thomas L. Ogden and Joseph Fellows, the assignees of the 24695 State of Massachusetts, have purchased of the Seneca Nation of 24696 Indians, iti the presence and with the approbation of the United 24697 States commissioner, appointed by the United States to hold 24698 said treaty or convention, all the right, title, interest, and claim 24699 of the said Seneca Nation to certain lands, by a deed of convey- 24700 ance, a duplicate of which is hereunto annexed ; and whereas 24701 the consideration money mentioned in said deed, amounting 24702 to two hundred and two thousand dollars, belongs to the 24703 Seneca Nation, and the said nation agrees that the said 24704 sum of money shall be paid to the United States, and the 24705 United States agree to receive the same, to be disposed of as 24706 follows : the sum of one hundred thousand dollars is to be invested 24707 by the President of the United States in safe stocks, for their 24708 use, the income of which is to be paid to them at their new 2470^ homes, annually, and the ballance, being the sum of one hundred 24710 and two thousand dollars, is to be paid to the owners of the 553 24711 improvements on the lands so deeded, according to an appraise- 24712 ment of said improvements and a distribution and award of said 24713 sum of money among the owners of said improvements, to be 24714 made by appraisers, hereafter to be appointed by the Seneca 24715 Nation, in the presence of a United States commissioner, here- 24716 after to be appointed, to be paid by the United States to the 24717 individuals who are entitled to the same, according to said 24718 apprisal and award, on their severally relinquishing their re- 24719 spective possessions to the said Ogden and Fellows. 24720 SPECIAL PEOVISIONS FOE THE OAYTJGAS. 24721 Article 11. Tlie United States will set apart for the Caya 24722 gas, on their removing to their new homes at the West, two 24723 thousand dollars, and will invest the same in some safe stocks, 24724 the income of which shall be paid them annually, at their new 24725 homes. The United States further agree to pay to the said 24726 nation, on their removal West, two thousand five hundred dollars, 24727 to be disposed as the chiefs shall deem just and equitable. 24728 SPECIAL PROVISIONS FOR THE ONONDAGAS RESIDING ON THE 24729 SENECA RESERVATIONS. 24730 Article 12. The United States agree to sot apart for the 24731 Onondagas, residing on the Seneca reservations, two thousand 24732 five hundred dollars, on their removing West, and to invest the 24733 same in safe stocks, the income of which shall be paid to them 24734 annually, at their new homes. • And the United States further 24735 agree to pay to the said Onondagas, on their removal to their 24736 new homes in the West, two thousand dollars, to be disposed of 24737 as the chiefs shall deem equitable and just. 24738 SPECIAL PROVISIONS FOR THE ONEIDAS RESIDING IN THE 24739 STATE OP NEW YORK. 24740 Article 13. The United States will pay the. sum of four 24741 thousand dollars, to be paid to Baptista Powlis, and the chiefs 24742 of the first Christian party residing at Oneida, and the sum of 24743 two thousand dollars shall be paid to William Day, and the 24744 chiefs of the Orchard party residing there, for expenses incurred 24745 and services rendered in securing the Green Bay country, and 24746 the settlement of a portion thereof; and they hereby agree to 24747 remove to their new homes in the Indian Territory as soon as 24748 they can make satisfactory arrangements with the governor of 24749 the State of New York for the purchase of their lands at Oneida. 24750 SPECIAL provisions for the txjscaroras. 24751 " Article 14. The Tuscarora Nation agree to accept the 24752 cojuntry set apart for them in the Indian Territory, and to re- 70 IT 554 24753 move there within five years, aud continue to reside there. It 24754 is further agreed that the Tuscaroras shall have their lands in 24755 the Indian country, at the forks of the Neasha River, which 24756 shall be so laid off as to secure a sufficient quantity of timber 24757 for the accommodation of the nation. But if, on examination, 24758 they are not satisfied with this location, they are to have their 24759 lands at such place as the President of the United States shall 24760 designate. The United States will pay to the Tusearora Nation, 24761 on their settling at the West, three thousand dollars, to be 24762 disposed of as the chiefs shall deem most equitable and just. 24763 Whereas the said nation owns, in fee-simple, five thousand 24764 acres of land, lying in Niagara County, in the State of New 24765 York, which was conveyed to the said nation by Henry Dear- 24766 born, and they wish to sell and convey the same before they re- 24767 move W^est: Now, therefore, in order to have the same done in 24768 a legal aud proper way, they hereby convey the same to the 24769 United States, and to be held in trust for them, and they author- 24770 ize the President to sell and convey the same, and the money 24771 which shall be received for the said lands, exclusive of the im- 24772 provements, the President shall invest in safe stocks for their 24773 benefit, the income from which shall be paid to the nation at their 24774 new homes annually; and the money which shall be received 24775 for improvements on said lands shall be paid to the owners of 24776 the improvements when the lands are sold. The President shall 24777 cause the said lands to be surveyed, and the improvements shall 24778 be appraised by such persons as the nation shall appoint; and 24779 said lands shall also be appraised, and shall not be sold at a 24780 less price than the apprisal, without the consent of James Ousick, 24781 William Mountpleasant, and William Chew, or the survivor or 24782 survivors of them ; and the expenses incurred by the United 24783 States in relation to this trust are to be deducted from the moneys 24784 received before investment. And whereas, at the making of this 24785 treaty, Thomas L. Ogden and Joseph Fellows, the assignees of 24786 the State of Massachusetts, have purchased of the Tusearora 24787 Nation of Indians, in the presence and with the approbation 24788 of the commissioner appointed on the part of the United States 24789 to hold said treaty or convention, all the right, title, interest, 24790 and claim of the Tusearora Nation to certain lands, by a deed of 24791 conveyance, a duplicate of which is hereunto annexed; and 24792 whereas the consideration money for said lands has been 24793 secured to the said nation to their satisfaction by Thomas L. 24794 Ogden and Joseph Fellows : Therefore, the United States hereby 24795 assent to the said sale and conveyance and sanction the same. 24796 Akticle 15. The United States hereby agree that tjiey will 24797 appropriate the sum of four hundred thousand dollars, to be 24798 applied from time to time, under the direction of the President 555 24799 of the United States, ia such proportions as may be most for 24800 the interest of the said Indians, parties to this treaty, for the 24801 following purposes, to wit: To aid them in removing to their 24803 homes, and supporting themselves the first year after their re- 24803 moval; to encourage and assist them in education, and in being 24804 taught to cultivate their lands; in erecting mills and other neces- 24805 sary houses; in purchasing domestic animals and farming uten- 24806 sils, and acquiring a knowledge of the mechanic arts. 24807 Schedule A. 24808 Census of the New Yorh Indians as taJcen in 1837. — Number resid- 24809 ing on the Seneca reservations. 24810 Senecas 2,309 34811 Onondagas 194 24812 Cayugas 130 .24813 24814 2, 633 24815 24816 Onondagas, at Onondaga 300 24817 Tuscaroras 273 24818 St. Regis, in ]^ew York 350 24819 Oneidas, at Green Bay 600 24820 Oneidas, in New York 620 24821 Stockbridges 217 24822 Munsees 132 24823 Brothertowns 360 24824 The above was made before the execution of the treaty. 24825 E. H. GILLET, Commissioner. 24826 SCHEDTJLE B. 21827 The following is the disposition agreed to be made of the 24828 sum of three thousand dollars provided in. this treaty for the 24829 Tuscaroras, by the chiefs, and assented to by the commissioner, 24830 and is to form a part of the treaty : 24831 To Jonathan Printess, ninety-three dollars. 24832 To William Chew, one hundred and fifteen dollars. 24833 To John Patterson, forty-six dollars. 24834 To William Mountpleasant, one hundred and seventy-one 24835 dollars. 24836 To James Cusick, one hundred and twenty-five dollars. 24837 To David Peter, fifty dollars. 24838 The rest and residue thereof is to be paid to the nation. 24839 The above was agreed to before the execution of the treaty. 24840 R. H. GILLET, Commissioner, 556 24841 Schedule 0. 24842 Schedule applicable to the Onondagas and Cayugas resid- 24843 ing on the Seneca reservations. It is agreed that the following 24844 disposition shall be made of the amount set apart to be divided 24845 by the chiefs, of those nations, in the preceding parts of this 24846 treaty, anything therein to the contrary notwithstanding: 24847 To William King, one thousand five hundred dollars. 24848 Joseph Isaacs, seven hundred dollars. 24849 Jack Wheelbarrow, three hundred dollars. 24850 Silversmith, one thousand dollars. 24851 William Jacket, five hundred dollars. 24852 Buton George, five hundred dollars. 24853 The above was agreed to before the treaty was Anally exe- 24854 cuted. 24855 E. H. GILLET, 24856 Commissioner. 24857 At a treaty held under the authority of the United States 24858 of America, at Buffalo Creek, in the county of Erie, and State of 24859 New York, between the chiefs and head-men of the Seneca 24860 Nation of Indians, duly assembled in council,' and representing 24861 and acting for the said nation, on the one part, and Thomas 24862 Ludlow Ogden, of the city of New York, and Joseph Fellows, of 24863 Geneva, in the county of Ontario, on the other part, concerning 24864 the purchase of the right and claim of the said Indians in and 24865 to the lands within the State of New York remaining in their 24866 occupation: Eansom H. Gillet, esquire, a commissioner ap- 24867 pointed by the President of the United States to attend and 24868 hold the said treaty, and also Josiah Trowbridge, esquire, the 24869 superintendent on behalf of the Commonwealth of Massachu- 24870 setts; being severally present at the said treaty, the said chiefs 24871 and head-men, on behalf of the Seneca Nation, did agree to sell 24872 and release to the said Thomas Ludlow Ogdpn and Joseph Fel- 24873 lows, and they, the said Thomas Ludlow Ogden and Josejih Fel- 24874 lows, did agree to purchase all the right, title, and claim of the 24875 said Seneca Nation of, In, and to the several tracts, pieces, or 24876 parcels of land mentioned and described in the instrument of 24877 writing next hereinafter set forth, and at the price or sum therein 24878 . specified, as the consideration or purchase money for such sale 24879 and release; which instrument being read and explained to the 24880 said parties and mutually agreed to, was signed and sealed by 24881 the said contracting parties, and is in the words following : 24882 This indenture, made this fifteenth day of January, in the 24883 year of our Lord one thousand eight hundred and thirty-eight, 24884 between the chiefs and head-men of the Seneca Nation of Indi- 557 24885 ans, duly assembled in council, and acting for and on behalf of 24886 the said Seneca Ifation, of the first part, and Thomas Ludlow 24887 Ogden, of the city of New York, and Joseph Fellows, of Ge- 24888 neva, in the county of Ontario, of the second part, witnesseth : 24889 That the said chiefs and head-men of the Seneca Nation of Indi- 24890 ans, in consideration of the sum of two hundred and two thou- 24891 sand dollars to them in hand paid by the said Thomas Ludlow 24892 Ogden and Joseph Fellows, the receipt whereof is hereby 24893 acknowledged, have granted, bargained, sold, released, and con- 24894 firmed, and by these presents do grant, bargain, sell, release, 24895 and confirm u.nto the said Thomas Ludlow Ogden and Joseph 24896 Fellows, and to their heirs and assigns, all that certain tract or 24897 parcel of land situate, lying, and being in the county of Erie 24898 and State of New York, commonly called and known by the 24899 name of Buffalo Creek reservation, containing by estimation 24900 forty-nine thousand nine hundred and twenty acres, be the con- 24901 tents thereof more or less. Also, all that certain other tract or 24902 parcel of land, situate, lying, and being in the counties of Erie, 24903 'Chatauque, and Cattaraugus, in said State, commonly called and 24904 known by the name of Cattaraugus reservation, containing by 24905 estimation twenty-one thousand six hundred and eighty acres, 24906 be the contents thereof more or less. Also, all that certain other 24907 tract or parcel of land, situate, lying, and being in the said 24908 countyof Cattaraugus, in said State, commonly called and known 24909 by the name of the Allegany reservation, containing by estima- 24910 tion thirty thousand four hundred and sixty-nine acres, be the 24911 contents more or less. And also all tliat certain other tract or 24912 parcel, of land, situate, lying, and being partly in said county of 24913 Erie and partly in the county of Genesee, in said- State, com- 24914 monly called aud known by the name of the Touawando reser- 24915 vatiou, and containing by estimation twelve thousand eight 24916 hundred acres, be the same more or less ; as the said several 24917 tracts of land have been heretofore reserved and are held and 24918 occupied by the said Seneca Nation of Indians,, or by individu- 24919 als thereof, together with all and singular the rights, privileges, 24920 hereditaments and appurtenances to each and every of'the said 24921 tracts or parcels of land belonging or appertaining ; and all the 24922 estate, right, title, interest, claim, and demand of the said party 24923 of the first part, and of the said Seneca Nation of Indians, of, 24924 in, and to the same, and to each and every part and parcel 24925 thereof: to have and to hold all aud singular the abo\'e described 24926 and released premises unto the said Thomas Ludlow Ogden and 24927 Joseph Fellows, their heirs and assigns, to their proper use and 24928 behoof forever, as joint tenants, and not as tenants in common. 24929 At the before-mentioned treaty, held in my presence, as 24930 superintendent ou the part of the Commonwealth of Massachu- 558 24931 setts, and tbis day coucluded, the foregoing instrument of writ- 24932 ing was agreed to by the contracting parties therein named, and 24933 was in my presence executed by them, and being approved by 24934 me, I do hereby certify and declare such my approbation 24935 thereof. 24936 Witness my hand and seal, at Buffalo Creek, this 15th day 24937 of January iu the year 1838. 24938 JOSIAH TKOWBRIDGE. 24939 I have attended a treaty of the Seneca Nation of Indians, 24940 held at Buffalo Creek, in the county of Erie, in the State of 24941 -New York, on the fifteenth day of January, in the year ,of our 24942 Lord one thousand eight hundred and thirty-eight, when the 24943 within instrumeut was duly executed, in my presence, by the 24944 chiefs of the Seneca Nation, being fairly and properly under- 24945 stood by them. I do therefore certify and approve the'same. 24946 E. H. GILLET, Commissioner. 24947 At a treaty held under and by the authority of the United 24948 States of America, at Buffalo Creek, in the county of Erie, and 24949 State of New York, between the sachems, chiefs, and warriors 24950 of the Tuscarora Nation of Indians, duly assembled in council, 24951 and representing and acting for the said nation, on the one part, 24952 and Thomas Ludlow Ogden, of the city of New York, and Jo- 24953 seph Fellows, of Geneva, in the county of Ontario, on the other 24954 part, concerning the ijurchase of the right and claim of the said 24955 nation of Indians in and to the lands within the ^tate of New 24956 York remaining in their occupation : Eansom H. Gillett, es- 24957 quire, a commissioner api)ointed by the President of the United 24958 States to attend and hold the said treaty, and also Josiah Trow- 24959 bridge, esquire, the superintendent on behalf of the Common. 24960 wealth of Massachusetts, being severally present at the said 24961 treaty, the said sachems, chiefs, and warriors, ou behalf of the 24962 said Tuscarora Nation, did agree to sell and release to the said 24963 Thomas Ludlow Ogden and Joseph Fellows, and they, the said 24964 Thomas Ludlow Ogden and Joseph Fellows, did agree to pur- 24965 chase all the right, title, and claim of the said Tuscarora Nation 24966 of, in, and to the tract, piece, or parcel of land mentioned and 24967 described in the instrument of writing next hereinafter set 24968 forth, and at the price or sum therein specified as the consider- 24969 ation or purchase money for such sale and release ; which in- 24970 strument being read and explained to the said parties, and mu- 24971 tually agreed to, was signed and sealed by the said contracting 24972 parties, and is in the words following : 24973 This indenture, made this fifteenth day of January, in the 24974 year of our Lord one thousand eight hundred and thirty-eight, 24975 between the sachems, chiefs, and warriors of the Tuscarora Na- 659 24970 tion of Indians, duly assembled in council, and acting for and 24977 on behalf of the said Tuscarora Nation, of the first part, and 24978 Thomas Ludlow Ogden, of the city of New York, and Joseph 24979 Fellows, of Geneva, in the county of Ontario, of the second -24980 part, witnesseth : That the said sachems, chiefs, and warriprs of 24981 the Tuscarora Nation, in consideration of the sum of nine thou- 24982 sand six hundred dollars to them in hand paid by the said 24983 Thomas Ludlow Ogden and Joseph Fellows, the receipt whereof 24984 is hereby acknowledged, have granted, bargained, sold, released, 24985 and confirmed, and by these presents do grant, bargain, sell, 24986 release, and confirm to the said Thomas Ludlow Ogden and Jo- 24987 seph Fellows, and to their heirs and assigns, all that tract or 24988 parcel of land situate, lying, and being in the county of Mag- 24989 ara, and State of New York, commonly called and known by 24990 the name of the Tuscarora reservation or Seneca grant, con- 24991 taining nineteen hundred and twenty acres, be the same more 24992 or less, being the lands in their occupancy, and not included in 24993 the land conveyed to them by Henry Dearborn, together with all 24994 and singular the rights, tJie rights, privileges, heraditaments, and 24995 appurtenances to the said tract or parcel of land belonging or 24996 appertaining, and all the estate, right, title, interest, claim, and 24997 demand of the said party of the first part, and of the said Tus- 24998 carora Nation of Indians of, in, and to the same, and to every 24999 part and parcel thereof: to have and to hold all and singular 25000 the above described and released premises unto the said Thomas 25001 Ludlow Ogden and Joseph Fellows, and their heirs and assigns, 25002 to their proper use and behoof forever, as joint tenants and not 25003 as tenants in common. 25004 At the above-mentioned treaty, held in my presence as su- 25005 periutendent on the part of the Commonwealth of Massachu- 25006 setts, and this day concluded, the foregoing instrument was 25007 agreed to by the contracting parties therein named, and was in 25008 my presence executed by them; and being approved by me, I 25009 do hereby certify and declare such my approbation thereof. 25010 Witness my hand and seal at Buifalo Creek, this 15th day 25011 of January, in the year 1838. 25012 J. TEOAYBRIDGE, Superintendent. 25013 I have attended a treaty of the Tuscarora Nation of In- 25014 dians held at Buffalo Creek, in the county of Brie, in the State 25015 of New York, on the fifteenth day of January, in the year of our 25016 Lord one thousand eight hundred and t>hirty-eight, when the 25017 within instrument was duly executed in my presence by the 25018 sachems, chiefs, and warriors of the said nation, being fairly 25019 and properly understood and transacted by all the parties of 25020 Indians concerned, and declared to be done to their full satis- 25021 faction. I do therefore certify and approve the same. 25022 E. H. GILLBT, Commissioner. 560 25023 Supplemental article to the treaty concluded at Buffalo Creeic, in 25024 the State of New TorTc, on the 15th of January, 1838, con- 25025 eluded between Ransom H. Gillet, commissioner on the part of 25026 the United States, and chiefs and head-men of the St. Regis 25027 Indians, concluded on the 13th day of February, 1838. 2a028 The undersigned chiefs and headmen of the St. Eegis In- 25029 dians residing in the State of New York having heard a copy of 25030 said treaty read by Ransom H. Gillet, the commissioner who 25031 concluded that treaty on the part of the United States, and he 25032 having fully and publicly explained the same, and believing the 25033 provisions of the said treaty to be very liberal on the part of 25034 the United States and calculated to be highly beneficial to the 25035 Ifew York Indians, including the St. Eegis, who are embraced 25036 in its provisions, do hereby assent to every part of the said 25037 treaty and approve the same. And it is further agreed that '-J5038 any of the St. llegis Indians who wish to do so shall be at lib- 25039 erty to remove to the said country at any time hereafter within 25040 the time speciQed in this treaty, but under it the Government 25041 shall not compel them to remove. The United States will, 25042 within one year after the ratification of this treaty, pay over to 25043 the American party of said Indians one thousand dollars, part 25044 of the sum of five thousand dollars mentioned in the special 25045 i)rovisions for the St. Regis Indians, anything in the article 25046 contained to the contrary notwithstanding. 25047 Proclaimed April 4, 1840. 25048 NISQUALLY, PUYALLUP, ETC. 25049 Franklin Pierce, President of the United States of America, 25050 to all and singular to whom these presents shall come, 25051 greeting : 25052 Whereas a treaty was made and concluded on the She-nah- 25053 nam, or Medicine Creek, in the Territory of Washington, ou the 25054 twenty-sixth day of December, one thousand eight hundred and 25055 fifty-four, between the United States of America and the Nis- 36056 qually and other bands of Indians, which treaty is in the words 25057 following, to wit : .25058 Articles of agreement and convention made and concluded on 25059 the She-nah-nam, or Medicine Creek, in the Territory of 25060 Washington, this twenty-sixth day of December, in the year 25061 one thousand eight hundred and fifty-four, by Isaac I. Ste- 25062 vens, governor and superintendent of Indian affairs of the 25063 said Territory, on the part of the United States, and the 25064 undersigned chiefs, head-men, and delegates of the Nisqnally, 561 25065 Puyallup, Steilacoom, Squawskin, S'Hoaiamish, Steli-chass, 25066 T'Peeksin, Squi-aitl, and Sa-heh-wamish tribes and bands 25067 of Indians, occupying the lauds lying round the bead of 25068 Puget's Sound and the adjacent inlets, who, for the purpose 25069 of this treaty, are to be regarded as one nation, on behalf 25070 of said tribes and bands, and duly authorized by them. 25071 Article 1. The said tribes and bands of Indians hereby 25072 cede, relinquish, and convey to the United States all their right, 25073 title, and interest in and to the lands and country occupied by 25074 them, bounded and described as follows, to wit: Commencing 25075 at the point on the eastern side of Admiralty Inlet, known as 25070 Point Pully, about midway between Commencement and Elliott 25077 Bays; thence running in a southeasterly direction, following 25078 the divide between the waters of the Puyallup and Dwamish, 25079 or White Rivers, to the summit of the Cascade Mountains ; 25080 thence southerly, along the summit of. said range, to a point 25081 opposite the main source of the Skookum Chuck Creek ; thence 25082 to and down said creek, to the coal mine ; thence northwesterly, 25083 to the summit of the Black Hills ; thence northerly, to the upper 25084 forks of the Satsop River; thence northeasterly, through the 25085 portage known as Wilkes's Portage, to Point Southworth, on 25086 the western side of Admiralty Inlet ; thence around the foot of 25087 Vashon'g Island, easterly and southeasterly, to the place of be- 25088 ginning. 25089 Akticle 2. There is, however, reserved for the present use 25090 and occupation of the said tribes and bands, the following tracts 25091 of land, viz : The small island called Klah-che-min, situated oppb- 25092 site the mouths of Hammersley's and Totten's Inlets, and sep- 25093 arated from Hartstene Island by Peale's Passage, containing 25094 about two sections of land by estimation; a square tract con- 25095 tainiug two sections, or twelve hundred and eighty acres, on 25096 Puget's Sound near the mouth of the She-nah-nam Creek, one 25097 mile west of the meridian line of the United States land survey, 25098 and a square tract containing two sections, or twelve hundred 25099 and eighty acres, lying on the south side of Commencement 25100 Bay ; all which tracts shall be set aj)art, and, so fur as neces- 25101 sary, surveyed and marked out for their exclusive use ; nor shall 25102 any white man be permitted to reside upon the same without 25103 permission of the tribe and the superintendent or agent. And 25104 the said tribes and bands agree to remove to and settle upon tb e 25105 same within one year after the ratification of this treaty, or 25106 sooner if the means are furnished them. In the mean time it 25107 shall be lawful for them to reside upon any ground not in the 25108 actual claim and occupation of citizens of the United States, and 25109 upon any ground claimed or occupied, if with the permission of 25110 the owner or claimant. If necessary for the public convenience, 71 I T 562 25111 roads may be ran through their reserves, and, on the other hand, 25112 the right of way with free access from the same to the nearest 25113 public highway is secured to them. 25114 Aeticle 3. The right of taking fish, at all usual and ac- 25115 customed grounds and stations, is further secured to said Indians 25116 in common with all citizens of the- Territory, and of erecting 25117 temporary houses for the purpose of curing, together with the 25118 privilege of hunting, gathering roots and berries, and pasturing 25119 their horses on open and unclaimed lands : Provided, however, 25120 That they shall not take shell-flsh from any beds staked or cul- 25121 tivated by citizens, and that they shall alter all stallions not in- 25122 tended for breeding-horses, and shall keep up and confine the 25123 latter. 25124 Article 4. In consideration of the above cession, the United 25125 States agree to pay to the said tribes and bands the sum of 25126 thirty-two thousand five hundred dollars, in the following man- 25127 ner, that is to say : For the first year after the ratification here- 25128 of, three thousand two hundred and fifty dollars; for the next 25129 two years, three thousand dollars each year; for the nest 25130 three years, two thousand dollars each year ; for the next four 25131 years, fifteen hundred dollars each year; for the next five years, 25132 twelve hundred dollars each year; and for the next five 25133 years, one thousand dollars each year; all whiph said sums of 25134 money shall be applied to the use and benefit of the said Indians, 25135 under the direction of the President of the United States, who 25136 may, from time to time, determine, at his discretion, upon what 25137 beneficial objects to expend the same. And the superintendent 25138 of Indian affairs, or other proper officer, shall each year inform 25139 the President of the wishes of said Indians in respect thereto. 25140 Article 5. To enable the said Indians to remove to and 25141 settle upon their aforesaid reservations, and to clear, fence, and 25142 break up a sufficient quantity of land for cultivation, the United 25143 States further agree to pay the sum of three thousand two hun- 25144 dred and fifty dollars, to be laid out and expended under the 25145 direction of the President, and in such manner as he shall ap- 25146 prove. 25147 Article 6. The President may hereafter, when in his opin- 25148 ion the interests of the Territory may require, and the welfare 25149 of the said Indians be promoted, remove them from either or all 25150 of said reservations to such other suitable place or places with- 25151 in said Territory as he may deem fit, on remunerating them for 25152 their improvements and the expenses of their removal, or may 25153 consolidate them with other friendly tribes or bands. And he 25154 may further, at his discretion, cause the whole or any portion of 25155 the lands hereby reserved, or of such other land as may be se- 25156 lected in lieu thereof, to be surveyed into lots, and assign the 563 25157 25158 25159 25160 25161 25162 25163 25164 25165 25166 25167 25168 25169 25170 25171 25172 25173 25174 25175 25176 25177 25178 25179 25180 25181 25182 25183 25184 25185 25186 25187 25188 25189 25190 25191 25192 25193 25194 25195 25196 25197 25198 25199 25200 55201 25202 same to such individuals or families as are willing to avail them- selves of the privilege, and will locate on the same as a permf - neut home, on the same terms and subject to the same regula- tions as are provided in the sixth article of the treaty with the Omahas, so far as the same may be applicable. Any substan- tial improvements heretofore made by any Indian, and which he shall be compelled to abandon in consequence of this treaty, shall be valued, under the direction of the President, and pay- ment be made accordingly therefor. Aeticle 7. The annuities of the aforesaid tribes and bands shall not be taken to pay the debts of individuals. Article 8. The aforesaid tribes and bands acknowledge their dependence on the Government of the United States, and promise to be friendly with all citizens thereof, and pledge them- selves to commit no depredations on the property of such citi- zens. And should any one or more of them violate this pledge, and the fact be satisfactorily proved before the agent, the prop- erty taken shall be returned, or in default thereof, or if injured or destroyed, compensation may be made by the Government out of their annuities. Nor will they make war on any other tribe except in self-defence, but will submit all matters of differ- ence between them and other Indians to the Government of the United States, or its agent, for decision, and abide thereby. And if any of the said Indians commit any depredations on any other Indians within the Territory, the same rule shall pre- vail as that prescribed in this article, in cases of depredations against citizens. And the said tribes agree not to shelter or conceal offenders against the laws of the United States, but to deliver them up to the authorities for trial. ARTICLE 9. The above tribes and bands are desirous to exclude from their reservations the use of ardent spirits, and to prevent their people from drinking the same ; and therefore it is provided, tha,t any Indian belonging to said tribes, who is guilty of bringing liquor into said reservations, or who drinks liquor, may have his or her proportion of the annuities withheld from him or her for such time as the President may determine. Article 10. The United States further agree to establish at the general agency for the district of Puget's Sound, within one year from the ratification hereof, and to support, for a period of twenty years, an agricultural and industrial school, to be free to children of the said tribes and bands, in common with these of the other tribes of said district, and to ijrovide the said school with a suitable instructor or instructors, and also to provide a smithy and carpenter's shop, and furnish them with the necessary tools, and employ a blacksmith, carpenter, aud farmer, for the term of twenty years, to instruct the Indians in 564 25203 their respective occupations. Aud the United States further 55204 agree to employ a physician to reside at the said central agency, 25205 who shall furnish medicine and advice to their sick, and shall 25206 vaccinate them ; the expenses of the said school, shops, era- 25207 ployees, and medical attendance, to be defrayed by the United 25208 States, and not deducted from the anTiuities. 25209 Aetiole 11. The said tribes and bands agree to free all 25210 slaves now held by them, and not to purchase or acquire others 25211 hereafter. 25212 Article 12. The said tribes aud bands finally agree not to 25213 trade at Vancouver's Island, or elsewhere out of the dominions 25214 of the United States ; nor shall foreign Indians be permitted to 25215 reside in their reservations without consent of the superintend- 25216 ent or agent. 25217 Article 13. This treaty shall be obligatory on the con- 25218 tracting parties as soon as the same shall be ratified by the 26219 President aud Senate of the United States. 25220 Proclaimed March 3, 1855. 25221 OMAHAS. 25222 Feanklin Pierce, President of the United States of America, 23223 to all and singular to whom these presents shall come, greet- 25224 ing : 25225 Whereas a treaty was made aud concluded at the city of 25226 Washington, oa the sixteenth day of March, one thousand eight 25227 hundred and fifty-four, by George W. Manypenny, commissioner 25228 on the part of the United States, and the Omaha tribe of Indians, 25229 which treaty is in the words following, to wit: 25230 Articles of agreement and convention made and concluded at 25231 the city of Washington, this sixteenth day of March, one 25232 thousand eight hundred and fifty-four, by George W. Ma- 25233 nypenny, as commissioner on the part of the United States, 25234 and the following-named chiefs of the Omaha tribe of In- 25235 dians, viz, Shonga-ska, or Logan Fontenelle ; B-sta-mah-za, 25236 or Joseph Le Flesche ; Gra-tah-nah-je, or Standing Hawk ; 25237 Gah-he-ga-gin-gah, or Little Chief; Ta-wah-gab-ha, or Vil 25238 .lage Maker ; Wah-no-ke-ga, or Noise; So-da-nah-ze, or Yel- 25239 low Smoke ; they being thereto dnly authorized by said 25240 tribe. 25241 Article 1. The Omaha Indians cede to the United States 25242 all their lauds west of the Missouri Eiver, and south of a line 25243 drawn due west from a point in the centre of the main channel 25244 of said Missouri Eiver due east of where the Ayoway Eiver 25245 disembogues out of the bluffs, to the western boundary of the 565 25246 Omaba country, and forever relinquish all right and title to the 25247 country south of said line : Provided, however, That if the country 25248 north of said due west line, which is reserved hy the Omahas 25249 for their future home, should not on exploration prove to be a 25250 satisfactory and suitable location for said Indians, the President 25251 may, with the consent of said Indians, set apart and assign to 25252 them, within or outside of the ceded country, a residence suited 25253 for and acceptable to them. And for the i)urpose of deter- 25254 mining at once and definitely, it is agreed that a delegation of 25255 said Indians, in company with their agent, shall, immediately 25256 after the ratification of this instrument, proceed to examine the 25257 country hereby reserved, and if it please the delegation, and 25258 the Indians in counsel express themselves satisfied, then it shall 25259 be deemed and taken for their future home; but if otherwise, 25260 on the fact being reported to the President, he is authorized to 25261 cause a new location, of suitable extent, to, be made for the fa- 25262 ture home of said Indians, and which shall not be more in ex- 25263 tent* than three hundred thousand acres, and then and in that 25264 case all of the country belonging to the said Indians, north of 25265 said due west line, shall be and is hereby ceded to the United 25266 States by the said Indians, they to receive the same rate per 25267 acre for it, less the number of acres assigned in lieu of it for a 25268 home, as now paid for the land south of said line. 25269 Article 2. The Omahas agree that so soon after the United 25270 States shall make the necessary provision for fulfilling the stipu- 25271 lations of this instrument, as they can conveniently arrange 25272 their affairs, and not to exceed one year from its ratification, 25273 they will vacate the ceded country, and remove to the lands re- 25274 served herein by them, or to the other lands provided for in lieu 25275 thereof, in the preceding article, as the case may be. 25276 Article 3. The Omahas relinquish to the United States 25277 all claims, for money or other thing, under former treaties, and 25278 likewise all claim which they may have heretofore, at any time, 25279 set up, to any land on the east.side of the Missouri Eiver : Pro- 25280 vided, The Omahas shall still be entitled to and receive from the 25281 Government the unpaid balance of the twenty-five thousand 25282 dollars appropriated for their use, by the act of thirtieth of 25283 August, 1851. 25284 Article 4. In consideration of and payment for the country 25285 herein ceded, and the relinquishments herein made, the United 25286 States agree to pay to the Omaha Indians the several sums of 25287 money following, to wit : 25288 1st. Forty thousand dollars per annum, for the term of 25289 three years, commencing on the first day of January, eighteen 25290 hundred and fifty-five. 566 25291 2d. Thirty thousand dollars per annum, for the term of ten 25292 years, next succeeding the three years. 25293 3d. Twenty thousand dollars per annum, for the term of 25294 fifteen years, next succeeding the ten years. 25295 4th. Ten thousand dollars per annum, for the term of twelve 25296 years, next succeeding the iifteen years. 25297 All which several sums of money shall be paid to the Oma- 25298 lias, or expended for their use and benefit, under the direction 25299 of the President of the United States, who may from time to 25300 time determine, at his discretion, what proportion of the annual 25301 payments, in this article provided for, if any, shall be paid to 25302 theni in money, and what proportion shall be applied to and ex- 25303 pended for their moral improvement and education ; for such 25304 beneficial objects as in his judgment will be calculated to advance 25305 them in civilization ; for buildings, opening farms, fencing, break- 25306 ing land, providing stock, agricultural implements, seeds, &c. ; 25307 for clothing', provisions, and merchandise; for iron, steel, arms, 25308 and ammunition; for mechanics; and tools; and for medical 25309 purposes. 25310 Article 5. In order to enable the said Indians to settle 25311 their affairs and to remove and subsist themselves for one year 25312 at their new home, and which they agree to do without further 25313 expense to the United Stages, and also to pay the expenses of 25314 the delegation who may be appointed to make the exploration 25315 provided for in article first, and to fence and break up two hun- 25316 dred acres of land at their new home, they shall receive from 25317 the United States the further sum of forty-one thousand dollars, 25318 to be paid out and expended under the direction of the Piesi- 25319 dent, and in such manner as he shall approve. 25320 Aktigle 6. The President may, from time to time, at his 25321 discretion, cause the whole or such portion of the land hereby 25322 reserved, as he may think proper, or of such other land as may 25323 be selected in lieu thereof, as provided for in article first, to be 25324 surveyed into lots, and tb assign to such Indian or Indians of 25325 said tribe as are willing to avail of the jirivilege, and who will 25326 locate on the same as a permanent home, if a single i^ersou over 25327 twenty-one years of age, one-eighth of a section; to each family 25328 of two, one quarter section ; to each family of three and not 25329 exceeding five, one half section ; to each family of six, and not 25330 exceeding ten, one section ; and to each family over ten in num- 25331 ber, one quarter section for every additional five members. And ^ 25332 he may prescribe such rules and regulations as will insure to 25333 the family, in case of the death of the head thereof, the posses- 25334 sion and enjoyment of such permanent home and the improve- 25335 ments thereon. And the President may, at any time, in his 25336 discretion, after such person or family has made a location 567 25337 on the land assigned for a permanent home, issue a patent to 25338 such person or family for such assigned land, conditioned that 25339 the tract shall not be aliened or leased for a longer term than 25340 two years, and shall be exempt from levy, sale, or forfeiture, 25341 which conditions shall continue in force until a State constitu- 25342 tion, embracing such lands within its boundaries, shall have 25343 been formed, and the legislature of the State shall remove the 25344 restrictions. And if any such person or family shall at any 25345 time neglect or refuse to occupy, and till a portion of the lands 25346 assigned, and on which they have located, or shall rove from 25347 place to place, the President may, if the patent shall have been 25348 issued, cancel the assignment, and may also withhold from such 25349 person or family their proportion of the annuities or other 25350 moneys due them, until they shall have returned to such per- 25351 manent home, and resumed the pursuits of industry ; and in de- 25352 fault of their return the tract may be declared abandoned, and 25353 thereafter assigned to some other person or family of such tribe, 25354 or disposed of as is provided for the disposition of the excess of 25355 said land. And the residue of the land hereby reserved, or of 25356 that which may be selected in lieu thereof, after all of the In- 25357 dian persons or families shall have had assigned to them perma- 25358 nent homes, may be sold for their benefit, under such laws, 25359 rules,, or regulations, as may hereafter be prescribed by the 25360 Congress or President of the United States. No State legisla- 25361 ture shall remove the restrictions herein provided for, without 25362 the consent of Congress. 25363 Aeticle 7. Should the Omahas determine to make their per- 25364 manent home north of the due west line named in the first article, 25365 the United States agree to protect them from the Sioux and all 25366 other hostile tribes, as long as the President may deem such 25367 protection necessary ; and if other lands be assigned them, the 25368 same protection is guaranteed. 25369 Article 8. The United States agree to erect for the Omahas, 25370 at their new home, a grist and saw mill, and keep the same in 25371 repair, and provide a miller for ten years ; also to erect a good 25372 blacksmith shop, supply the same with tools, and keep it in re- 25373 "pair for ten years ; and provide a good blacksmith for a like 25374 period ; and to employ an exi)erienced farmer for the term of ten 25375 years, to instruct the Indians in agriculture. 25376 Article 9. The annuities of the Indians shall not be taken 25377 to pay the debts of individuals. 25378 Article 10. The Omahas acknowledge their dependence 25379 on the Government of the United States, and promise to be 25380 friendly with all the citizens thereof, and pledge themselves to 25381 commit no depredations on the property of such citizens. And 568 25382 sbould any one or more of them violate this pledge, and the fact 25383 be satisfactority proven before the agent, the property taken 25384 shall be returned, or in default thereof, or if injured or de- 25385 stroyed, compensation may be made by the Government out of 25386 their annuities. Nor will they make war on any other tribe, ex- 25387 cept in self-defence, but will submit all matters of difference bc- 25388 tween them and other Indians to the Government of the United 25389 States, or its agent, for decision, and abide thereby. And if 25390 any of the said Omahas commit any depredations on any other 25391 Indians, the same rule shall prevail as that prescribed in this • 25392 article in cases of depredations against citizens. 25393 Article 11. The Omahas acknowledge themselves in- 25394 debted to Lewis Sounsosee, (a half-breed,) for services, the sum 25395 of one thousand dollars, which debt they have not been able to 25396 pay, and the United States agree to pay the same. 25397 Article 12. The Omahas are desirous to exclude from their 25398 country the use of ardent spirits, and to prevent their people 25399 from drinking the same, and therefore it is provided that any 25400 'Omaha who is guilty of bringing liquor into their country, or 25401 who. drinks liquor, may have his or her proportion of the annui- 25402 ties withheld from him or her for such time as the President may 25403 determine. 25404 Article 13. The board of foreign missions of the Presby- 25405 terian Church have, on the lands of the Omahas, a manual-labor 25406 boarding-school, for the education of the Omaha, Ottoe, and 25407 other Indian youth, which is now in successful operation, and 25408 as it will be some time before the necessary buildings can be 25409 erected on the reservation, and [it is] desirable that the school 25410 should not be suspended, it is agreed that the said board shall 25411 have four adjoining quarter sections of land, so as to include as 25412 near as may be all the improvements heretofore made by them ; 25413 and the President is authorized to issue to the proper authority ' 25414 of said board a patent in fee-simple for such quarter sections. 25415 Article 14. The Omahas agree thatall the necessary roads, 25416 highways, and railroads, which may be constructed as the conn- 25417 try improves, and the lines of which may run through such tract 25418 as may be reserved for their permanent home, shall have a right 2(5419 of way through the reservation, a just compensation being paid 25420 therefor in money. 25421 Article 15. This treaty shall be obligatory on the con- 25422 tracting parties as soon as the same shall be ratified by the 25423 President and Senate of the United States. 25424 Proclaimed June 21, 1854. 569 25425 Treaty between the United States of America and the Omaha tribe 254:26 of Indians^ concluded March 6, 1865 ; ratification advised 25427 Februarij 13, 1866. 25428 Andrew Johnson, President of the United States of America, 25429 to all and singular to whom these presents shall come, 25430 greeting : 25431 Whereas a treaty was made and concluded at the city of 25432 Washington, in the District of Columbia, on the sixth day of 25433 March in the year of our Lord one thousand eight hundred and 25434 sixty-five, by and between Clark W. Thompson and Eobert W. Fur- 25435 nas, commissioners, on the part of the United States, and Bsta- 25436 mah-zha, or Joseph La Flesche, Gra-ta-mah-zhe, or Standing 25437 Hawk, Ga-he-ga-zhin-ga, or Little Chief; Tah-wah-ga-ha, or Vil- 25438 lage Maker; Wah-nokega, or Noise; Sha-da-na-ge, or Yellow 25439 Smoke; Wastch-com-ma-nu, or Hard Walker; Pad-a-ga-he, or 25440 FireChief; Ta-su, or White Cow ; and Ma-ha-nin-ga, orlsToKnife, 25441 chiefs of the Omaha tribe of Indians, on the part of said tribe 25442 of Indians and duly authorized thereto by them, which treaty is 25443 in the words and figures following, to wit : 25444. Articles of treaty made and concluded at Washington, D. C, on 25445 the sixth day of March, A. D. 1865, between the United 25446 States of America, by their commissioners, Clark W. Thomp- 25447 son, Eobert W. Furnas, and the Omaha tribe of Indians by 25448 their chiefs, E-sta-mah-za, or Joseph La Flesche; Gra-ta- 25449 mah-zhe, or Standing Hawk; Ga-he-gazhin-ga, or Little 25450 Ciiief; Tah-wah-gah-ha, or Village Maker; Wah-no-ke-ga, 25451 or Noise; Sha-da-na-ge, or Yellow Smoke; Wastch-com-ma- 25452 nu, Qr Hard Walker; Pad-a-ga-he, or Fire Chief; Ta-su, or 25453 White Cow ; Ma-ha-ninga, or No Knife. 25454 Aktiole 1. The Omaha tribe of Indians do hereby cede, 25455 sell, and convey to the United States a tract of land from the 25456 north side of their present reservation, defined and bounded as 25457 follows, viz : commencing at a point on the Missouri River four 25458 miles due south from the north boundary line of said reserva- 25459 tion, thence west ten miles, thence south four miles, thence west 25460 to the western boundary line of the reservation, thence north 25461 to the Jiorthern boundary line, thence east to the Missouri Eiver, 25462 and thence south along the river to the place of beginning ; and 25463 that the said Omaha tribe of Indians will vacate and give pos 25464 session of the lands ceded by this treaty immediately after its 25465 ratification : Provided, That nothing herein contained shall be 25466 construed to include any of the lands upon which the said Omaha 25467 tribe of Indians have now improvements, or any land or im- 25468 provements belonging to, connected with, or used for the ben- 72 IT 570 25469 eflt of the Missouri school now in existence upon the Omaha 25470 reservation, 25471 Article 2. In consideration of the foregoing cession, the 25472 United States agree to pay to the said Omaha tribe of Indians 25473 the sum of fiftj' thousand dollars, to be paid upon the ratiflca- 25474 tion of this treaty, and to be expended by their agent, under 25475 the direction of the Commissioner of Indian Affairs, for goods, 25476 provisions, cattle, horses, construction of buildings, farming 25477 implements, breaking up lands, and other improvements on their 25478 reservation. 25479 Article 3. lu further consideration of the foregoing 25480 cession, the United States agree to extend the provisions of 25481 article 8 of the treaty between the Omaha tribe of Indians 25482 and the United States, made on the 16th day of March, A. D. 25483 1854, for a term of ten years from and after the ratification of 25484 this treaty ; and the United States further agree to pay to the 25485 said Omaha tribe of Indians, upon the ratification of this treaty, 25486 the sum of seven thousand dollars as damages in consequence 25487 of the occupancy of a portion of the Omaha reservation not 25488 hereby ceded, and use and destruction of timber by the Winue- 25489 bago tribe of Indians while temporarily residing thereon. 25490 ARTICLE4. The Omahalndiansbeingdesirous of promoting 25491 settled habits of industry and enterprise amongst themselves by 25492 abolishing the tenure in common by which they now hold their 25493 lands, and by assigning limited quantities thereof in severalty 25494 to the members of the tribe, including their half or mixed blood 25495 relatives now residing with them, to be cultivated and improved 25496 for their own individual use and benefit, it is hereby agreed and 25497 stipulated that the remaining portion of their present reserva- 25498 tion shall be set apart for said purposes; and that out of the 25499 same there shall be assigned to each head of a family not ex- 25500 ceeding one hundred and sixty acres, and to each male person, 25501 eighteen years of age and upwards, without family, not exceed- 25502 ing forty acres of land — to include in every case, as far as prac- 25503 ticable, a reasonable proportion of timber; six hundred and 25504 forty acres of said lands, embracing and surrounding the present 25505 agency improvements, shall also be set apart and appropriated 25506 to the occupancy and use of the agency for said Indians. The 25507 lands to be so assigned, including those for the use of the agency, 25508 shall be in as regular and compact a body as possible, and so as 25509 to admit of a distinct and well-defined exterior boundary. The 25510 whole of the lands, assigned or unassigned, in severalty, shall 25511 constitute and be known as the Omaha reservation, Avithin and 25512 over which all laws passed or which may be passed by Congress, 25513 regulating trade and intercourse with the Indian tribes, shall 25514 have full force and effect, and no white person, except such as 671 25515 shall be ia the employ of the United States, shall be allowed to 25516 reside or go upon any portion of said reservation without the 25517 written permission of the superintendent of Indian affairs, or the 25518 agent for the tribe. Said division and assignment of lands to 25519 the Omahas in severalty shall be made under the direction of 25520 the Secretary of the Interior, and, when approved by him, shall 25521 be final and conclusive. Certificates shall be issued by the 25522 Commissioner of Indian Affairs for the tracts so assigned, speci- 25523 fying the names of the individuals to whom they have been 25524 assigned respectively, and that they are for the exclusive use 25525 and benefit of themselves, their heirs, and descendants ; and 25526 said tracts shall not be alienated in fee, leased, or otherwise dis- 25527 posed of except to the United States or to other members of the 25528 tribe, under such rules and regulations as may be prescribed by 25529 the Secretary of the Interior, and they shall be exempt from 25530 taxation, levy, sale, or forfeiture, until otherwise provided for by 25531 Congress. 25532 Article 5. It being understood tbat the object of the 25533 Government in purchasing the land herein described is for tlie 25534 purpose of locating the Winnebago tribe thereon, now, therefore, 25535 should their location there prove detrimental to the peace, 25536 quiet, and harmony of the whites as well as of the two tribes of 25537 Indians, then the Omahas shall have the privilege of repur- 25538 chasing the land herein ceded upon the same terms they now 25539 sell. « 25540 Proclaimed February 15, 18C6. 25541 OSAGBS— GREAT AND LITTLE. 25542 Articles of a treaty made and concluded at Fort Glarh, on the right 25543 banlc of the Missouri, about five miles above the Fire Prairie, 25544 in the Territory of Louisiana, the tenth day of Ifovember, in 25545 the year of our Lord one thousand eight hundred and eight, he- 25546 tioeen Peter Chouteau, esquire, agent for the Osage, and spe- 25547 cially commissioned and instructed to enter into the same by Ms 25548 excellency Meriivether "Lewis, governor and superintendent of 25549 Indian affairs for the Territory aforesaid, in behalf of the 25550 United States of America, of the one part, and the chiefs and 25551 warriors of the Great and Little Osage, for themselves and 25552 their nations respectively, on the other part. 25553 - Article 1. The United States being anxious to promote 25554 peace, friendship, and intercourse with the Osage tribes, to afford 25555 them every assistance in their power, and to protect them from 572 25556 the insults and injuries of other tribes of Indians situated near 25557 the settlements of the white people, have thought proper to build 25558 a fort on the right bank of the Missouri, a few miles above the 25559 Fire Prairie, and do agree to garrison the same with as many 25560 regular troops as the President of the United States may, from 25561 time to time, deem necessary for the protection of all orderly, 25562 friendly, and well-disposed Indians of the Great and Little 25563 Osage Nations wlio reside at this place, and who do strictly con- 25564 form to and pursue the counsels or admonitions of the Presi- 25565 dent of the United States through his subordinate ofiQcers. 25566 Akticle 2. Abrogated by treaty of Aug. 31, 1822. Pro- 25567 claimed February 19, 1823, page 576. 25568 Article 3. The United States agree to furnish at this place, 25569 for the use of the Osage Nations, a blacksmith, and tools to mend 25570 their arms and utensils of husbandry, and engage to build them 25571 a horse-mill or water-mill; also to furnish them with ploughs, 25572 and to build for the great chief of the Great Osage, and for the 25573 great chief of the Little Osage, a strong block-house in each of 25574 their towns, which are to be established near this fort. 25575 Article 4. With a view to quiet the animosities which at 25576 present exist between the inhabitants of the Territory of Loui- 25577 siana and the Osage Nations, in consequence of the lawless dep- 25578 redations of the latter, the United States do further agree to 25579 pay to their own citizens the full value of such property as they 25580 can legally prove to have been stolen or destroyed by the said 25581 Osage since the acquisition of Louisiana by the tJnited States, 25582 provided the same does not exceed the sum of five thousand 25583 dollars. 25584 Article 5. In consideration of the lands relinquished by 25585 the Great and Little Osage to the United States, as stipulated 25586 in the sixth article of this treaty, the United States promise to 25587 deliver at Fire Prairie, or at St. Louis, yearly, to the Great 25588 Osage Nation, merchandize to the amount or value of one thou- 25589 sand dollars, and to the Little Osage Nation, merchandize to the 25590 amount or value of five hundred dollars, reckoning the value of 25591 said merchandize at the first cost thereof in the city or place in 25592 the United States where the same shall have been procured. 25593 And in addition to the merchandize aforesaid, the United 25594 States have, at and before the signature of these articles, paid 25595 to the Great Osage Nation the sum of eight hundred dollars, 25596 and to the Little Osage Nation the sum of four hundred dollars. 25597 Article 6. And in consideration of the advantages which 25598 we derive from the stipulations contained in the foregoing arti- 25599 cles, we, the chiefs and warriors of the Great and Little Osage, 25600 for ourselves and our nations respectively, covenant and agree 25601 with the United States, that the boundary line between our na- 573 25602 tions and the United States shall be as follows, to wit : begiii- 25603 ning at Fort Clark, on. the Missouri, five miles above Fire 25604 Prairie, and rimning thence a due south course to the river Ar- 25605 kansas, and down the same to the Mississippi ; hereby ceding 25606 and relinquishing forever to the United States all the lands 25607 which lie east of the said line, and north of the southwardly 25608 bank of the said river Arkansas, and all lands situated north- 25609 wardly of the river Missouri. And we do further cede and re- 25610 linquish to the United States forever, a tract of two leagues 25611 square, to embrace Fort Clark, and to be laid off in such manner 25612 as the President of the United States shall think proper. 25613 Article 7. And it is mutually agreed by the contracting 25614 parties that the boundary lines hereby established shall be run 25615 and marked at the expense of the United States, as soon as cir- 25616 cumstances or their convenience will permit ; and the Great and 25617 Little Osage promise to depute two chiefs from each of their re- 25618 spective nations, to accompany the commissioner or commis- 25619 sioners who may be appointed on the part of the United States 25620 to settle and adjust the said boundary line. 25621 Article 8. And the United States agree that such of the 25622 Great and Little Osage Indians as may think proper to put 25623 themselves under the projection of Fort Clark, and who observe 25624 the stipulations of this treaty with good faith, shall be permit- 25625 ted to live and to hunt, without molestation, on all that tract of 25626 country, west of the north and south boundary line, on which 25627 they, the said Great and Little Osage, have usually hunted or 25628 resided : Provided, The same be not the hunting grounds of any 25629 nation or tribe of Indians in amity with the United States ; and 25630 on any other lands within the Territory of Louisiana, without 25631 the limits of the white settlements, until the United States may 25632 think proper to assign the same as hunting grounds to other 25633 friendly Indians. 25634 Article 9. Lest the friendship which is now established 25635 between the United States and the said Indian nations should 25636 be interrupted by the misconduct of individuals, it is hereby 25637 agreed that for injuries done by individuals, no private revenge 25638 or retaliation shall take place, but instead thereof complaints 25G39 shall be made by the party injured to the other, by the said na- 25640 tions or either of them, to the superintendent or other person 25641 appointed by the President to the chiefs of the said nation ; and 25642 it shall be the duty of the said chiefs, upon complaints being 25643 made as aforesaid, to deliver up the person or persons against 25644 whom the complaint is made, to the end that he or they may be 25645 punished agreeably to the laws of the State or Territory where 25646 the offence may have been committed ; and in like manner, if 25647 any robbery, violence, or murder shall be committed on any In- 574 25648 dian or Indians belonging to either of said nations, the person 25649 or persons so offending shall be tried, and if found guilty, shall 25650 be punished in like manner as if the injury had been done to a 25651 white man. And it is agreed that the chiefs of the Great and 25652 Little Osage shall to the utmost of their power exert themselves 25653 to recover horses or other property which may be stolen from 25654 any citizen or citizens of the United States, by any individual 25655 or individuals of either of their nations ; and the property so 25656 recovered shall be forthwith delivered to the superintendent or 25657 other person authorized to receive it, that it may be restored to 26658 the proper owner ; and in cases where the exertions of the chiefs 25659 shall be ineffectual in recovering the property stolen as afore- 25660 said, if sufiQcient proof can be adduced that such property was 25661 actually stolen by auy Indian or Indians belonging to the Said 25662 nations, or either of them, the superintendent, or other proper 25663 ofhcer, may deduct from the annuity of the said nations respect- 25664 ively a sum equal to the value of the property which has been 25665 stolen. And the United States hereby guarantee to any Indian 25666 or Indians of the said nations respectively, a full indemniflca- 25667 tion for any horses or other property which may be stolen from 25668 them by any of their citizens : Provided, That the property so 25669 stolen cannot be recovered, and that sufflcient proof is produced 25670 that it was actually stolen by a citizen of the United States. 25671 And the said nations of the Great and Little Osage engage, on 25672 the requisition or demand of the President of the United States, 25673 or of the superintendent, to deliver up any white man resident 25674 among them. 25675 Article 10. The United States receive the Great and Lit- 25676 tie Osage Nations into their friendship and under their protec- 25677 tion ; and the said nations, on their part, declare that they will 25678 consider themselves under the protection of no other power 25679 whatsoever ; disclaiming all right to cede, sell, or in any manner 25680 transfer their lands to any foreign power, or to citizens of the 25681 United States, or inhabitants of Louisiana, unless duly author- 25682 ised by the President of the United States to make the said 25683 purchase or accept the said cession on behalf of the Govern- 25684 ment. 25685 Article 11. And if any person or persons, for hunting or 25686 other purpose, shall pass over the boundary lines, as established 25687 by this treaty, into the country reserved for the Great and Lit^ 25688 tie Osage Nations, without the license of the superintendent or 25689 other proper officer, they, the said Great and Little Osage, or 25690 either of them, shall be at liberty to apprehend such unlicensed 23691 hunters or other persons, and surrenden them, together with 25692 their property, but without other injury, insult, or molestation, 25693 to the superintendent of Indian affairs, or to the agent nearest 25694 the place of arrest, to be dealt with according to law. 575 25695 Article 12. And the chiefs and warriors, as aforesaid, 25696 promise and engage that neither the Great nor Little Osage 'Sa- 25697 tion will ever, by sale, exchange, or as presents, supply any na- 25698 tion or tribe of Indians, not in amity with the United States, 25699 with guns, ammunitions, or other implements of war. 25700 Article 13. This treaty shall take effect and be obligatory 25701 on the contracting parties, as soon as the same shall have been 25702 ratified by the President, by and with the advice and consent of 25703 the Senate of the United States. 25704 Eatifled April 28, 1810. 25705 N. B. — All claims and interest under this treaty are given up 25706 by the treaty proclaimed Miireh 2, 1839. (See page 583.) 25707 A treaty of peace and friendship made and concluded between Wil- 25708 liam (Jlark, Ninian Udtvards, and Auguste Chouteau, com- 25709 missioners plenipotentiary of the United States of America, 25710 on the part and behalf of the said States, of the one part, and 25711 the undersigned Mng, chiefs, and warriors, of the Great and 25712 Little Osage tribes or nations, on the part and behalf of their 25713 said tribes or nations, of the other part. 25714 The parties being desirous of re-establishing peace and 25716 friendship between the United States and the said tribes or na- 25716 tions, and of being placed in all things, and in every respect, on 25717 the same footing upon which they stood before the war, have 25718 agreed to the following articles: 25719 Article 1. Every injury, or act of hostility, by one or 25720 either of the contracting parties against the other shall be mu- 25721 tually forgiven and forgot. 25722 Article 2. There shall be perpetual peace and friendship 25723 between all the citizens of the United States of America and 25724 all the individuals composing the said Osage tribes or nations. 25725 Article 3. The contracting parties, in the sincerity of mu- 25726 tual friendship, recognize, reestablish, and confirm, all and 25727 every treaty, contract, and agreement, heretofore concluded be- 25728 tween the United States and the said Osage tribes or nations. 25729 Eatified December 26, 1815. 25730 A treaty made and concluded by and between William Glarlc gov- 25731 ernor of the Missouri Territory, superintendent of Indian af- 25732 fairs, and commissioner in behalf of the United States, of the 25733 one part; and a full and complete deputation of considerate 25734 men, chiefs; and tvarriors of all the several bands of the Great 25735 and Little Osage Nation, assembled in behalf of their said na- 25736 tion, of the other part, have agreed to the following articles : 25737 Article 1. Whereas the Osage Nations have been embar- 25738 rassed by the frequen t demands for property taken from the citizens 576 25739 of the United States, by war-parties and other thoughtless men 25740 of their several bands, (both before and since their war with the 25741 Cherokees,) and as the exertions of their chiefs have been inef. 25742 fectual in recovering and delivering such property, conformably ?5743 with the condition of the ninth article of a treaty entered into 25744 with the United States at Fort Clark, the tenth of I^ovember, 25745 one thousand eight hundred and eight ; and as the deductions 25746 from their annuities, in conformity to the said article, would 25747 ^deprive them of any for several years, and being destitute of 25748 funds to do that justice to the citizens of the United States 25749 which is calculated to promote a friendly intercourse, they have 25750 agreed, and do hereby agree, to cede to the United States, and 25751 forever quitclaim to, the tract of country included within the 25752 following bounds, to wit : Beginning at the Arkansaw Eiver, at 25753 where the present Osage boundary-line strikes the river at Frog 25754 Bayou ; then up the Arkansaw and Verdigris to the falls of 25735 Verdigris Eiver ; thence, eastwardly, to the said Osage bound 25756 ary-line, at a point twenty leagues north from the Arkansaw 25757 Eiver ; and, with that line, to the place of beginning. 23758 Article 2. The United States, on their part, and in con- 20759 sideration of the above cession, agree, in addition to the amount 25760 which the Osage ,do now receive in money and goods, to pay 25761 their own citizens the full value of such property as they can 25762 legally prove to have been stolen or destroyed by the said Osagei 25763 since the year one thousand eight hundred and fourteen: Pro- 25764 vide^, The same does not exceed the sum of four thousand dol- 25765 lars. 25766 Article 3. The articles now stipulated will be considered 20767 as permanent additions to the treaties now in force, between the 25768 contracting parties, as soon as they shall have been ratified by 25709 the President of the United States of America, by and with 25770 the advice and consent of the Senate of the said United States. 25771 Proclaimed January 7, 1819. 25772 Articles of a treaty entered into and concluded at the United States' 25773 Factory, on theM. Be Cigue—{Marais des Gygnes)—Augt., by 25774 and between Richard Graham, agent of Indian affairs, author- 25775 ized on the part of the United States for that purpose, and the 25776 chiefs, warriors, and head-men of the tribes of Great and Little 25777 Osage Indians, for themselves and their respective tribes, of the 25778 other part. 25779 Whereas by the second article of the treaty made and en- 25780 tercd into between the United States and the Great and Little 25781 Osage Nation of Indians, concluded and. signed at Fort Glark, 577 25782 on the Missouri, on the tenth day of November, one thousand 25783 eight hundred and eight, it is stipulated that the United States 25784 shall establish, at that iilace, and permanently continue, at all 25785 seasons of the year, a well-assorted store of goods, for the pur- 25786 pose of bartering with them on moderate terms for their peltries 25787 and furs : Now we, the said chlfefs, warriors, and head-men, in 25788 behalf of our said tribes, for and in consideration of two thou- 25789 sand three hundred and twenty-nine dollars and forty cents, to 25790 us now paid in merchandize, out of the United States' factory, 25791 by said Eichard Graham, on behalf of the United States, the 25792 receipt whereof is hereby acknowledged, do exonerate, release, 25793 and forever discharge the United States from the obligation 25794 contained in the said second article above mentioned ; and the 25795 aforesaid second article is, from the date hereof, abrogated and 25796 of no effect. 25797 Proclaimed February 19, 1823. 25798 Articles of a treaty made and concluded at St. Louis, in the State 25799 of Missouri, between William Glarlt, superintendent of Indian 25800 affairs, commissioner, on the part of the United States, and 25801 the undersigned, chiefs, head-men, and tvarriors of the Great 25802 and Little Osage tribes of Indians, duly authorized and ern- 25803 powered by their respective tribes or nations. 25804 In order more eflfectually to extend to said tribes that pro- 25805 tection of the Government so much desired by them, it is agreed 2580G as follows : 25807 Article 1. The Great and Little Osage tribes or nations 25808' do hereby cede and relinquish, to the United States, all their 25809 right, title, interest, and claim to lands lying within the State 25810 of Missouri and Territory of Arkansas, and to all lands lying 25811 west of the said State of Missouri and Territory of Arkansas, 25812 north and west of the Eed Eiver, south of the Kansas Eiver, 25813 and east of a line to be drawn from the head sources of the 25814 Kansas, southwardly through the Eock Saline, with such reser- 25815 vations, for such considerations, and upon such terms, as are 25816 hereinafter specified, expressed, and provided for. 25817 Article 2. Within the limits of the country above ceded 25818 and relinquished, there shall be reserved, to and for the Great 25819 and Little Osage tribes or nations, aforesaid, so long as they 25820 may choose to occupy the same, the following-described tract of 25821 land : beginning at a point due east of White Hair's Village, 25822 and twenty-five miles west of the western boundary-line of the 25823 State of Missouri, fronting on a north and south line, so as to 25824 leave ten miles north, and forty miles south, of the point of said 73 IT 578 25825 beginning, and extending west, with the width of fifty miles, to 25826 the western boundary of the lands hereby ceded and relin- 25827 quished by said tribes or nations ; which said reservation shall 25828 be surveyed and marked, at the expense of the United States, 25829 and upon which the agent for said tribes or nations and all 25830 persons attached to sJ& agency, as also such teachers and in- 25831 structors as the President may think proper to authorise and 25832 permit, shall reside, and shall occupy and cultivate, without 25833 interruption or molestation, such lands as may be necessary for 25834 them. And the United States do hereby reserve to themselves, 25835 forever, the right of navigating, freely, all water-courses and 25836 navigable streams, within or running through the tract of coun- 25837 try above reserved to said tribes or nations. 25838 Article 3. In consideration of the cession and relinquish- 25839 ment, aforesaid, the United States do, hereby, agree to pay to 25840 the said tribes or nations, yearly, and every year, for twenty 25841 years, from the date of these presents, the sum of seven thou- 25842 sand dollars, at their village, or at St. Louis, as the said tribes 25843 or nations may desire, either in money, merchandize, provisions, 25844 or domestic animals, at their option. And whenever the said 25845 annuity, or any part thereof, shall be paid in merchandize, the 25846 same is to be delivered to them at the first cost of the goods at 25847 St. Louis, free of transportation. 25848 Akticle 4. The United States shall, immediately upon the 25849 ratification of this convention, or as soon thereafter as may be, 25850 cause to be furnished to the tribes or nations aforesaid, six 25851 hundred head of cattle, six hundred hogs, one thousand domestic 25852 fowls, ten yoke of oxen, and six carts, with such farming uten- 25853 sils as the superintendant of Indian affairs may think necessary, 25854 and shall employ such persons to aid them in their agricultural 25855 pursuits as to the President of the United States may seem 25856 expedient, and shall also provide, furnish, and support for them 25857 one blacksmith, that their farming utensils, tools, and arms may 25858 be seasonably repaired ; and shall build for each of the four 25859 ijrincipal chiefs, at their respective villages, a comfortable and 25860 commodious dwelling-house. 25861 Article 5. Prom the above lands ceded and. relinquished, 25862 the following reservations for the use of the half-breeds hereafter 25863 named shall be made, to wit : One section, or six hundred and 25864 forty acres, for Augustus Clermont, to be located and laid off so 25865 as to include Joseph Rivar's residence, on the east side of the 25866 Neosho, a short distance above the Grand Saline, and not nearer 25367 than within one mile thereof; one section for each of the fol- 25868 lowing half-breeds: James, Paul, Henry, Eosalie, Anthony, and 25869 Amelia, the daughter of She-me-hunga, and Amelia, the daugbter 25870 of Mi-hun-ga., to be located two miles below the Grand Saline, 579 25871 aud extending down the Neosho on the east side thereof; and 25872 one section for Noel Mongraiu, the son of Wa-taw-nagres, and 25873 for each of his ten children, Baptiste, Noel, Francis, Joseph, 25874 Mongrain, Louis, Yictoria, Sophia, Julia, and Juliet; and the 25875 like quantity for each of the following-named grandchildren of 25876 the said Noel Mongrain, to wit: Charles, Francis, Louisson, and 25877 Wash, to commence on the Marias des Cygnes, where the western 25878 boundary line of the State of Missouri crosses it at the fork of 25879 Mine Eiver, and to extend up Mine Eiver, for quantity ; one 25880 section for Mary Williams and one for Sarah Williams, to be 25881 located on the north side of the Marias des Oygnet, at the Double 25882 Creek, above Harmony; one section for Francis T. Chardon ; 25883 one section for Francis C Tayon ; one section for James G. Chou- 25881 teau ; one section for Alexander Chouteau ; one section for Pel- 25885 agie Antaya; one section for Celeste Antaya; one section for 25886 Joseph Antaya; one secti^on for Baptiste St. Mitchelle, jr.; one 25887 section for Louis St. Mitchelle; one section for Victoria St. Mitch- 25888 elle; one section for Julia St. Mitchelle; one section for Francis 25889 St. Mitchelle; one section for Joseph Perra ; one section for Susan 25890 Larine; one section for Marguerite Eeneau; one section for 25891 Thomas L. Balio; and one section for Terese, the daughter of 25892 Paul Louise ; which said several tracts are to be located on the 25893 north side of the Marais des Cygnes, extending up the river 25891 above the reservations in fiivour of Mary and Sarah Williams, 25895 . in the order in which they are herein above named. 2589G Article 6. And also fifty-four other tracts, of a mile square 25897 each, to be laid off under the direction of the President of the 25898 United States, and sold, for the purpose of raising a fund to be 25899 applied to the support of schools, for the education of the Osage 25900 children, in such a manner as the President may deem most ad- 25901 visable to the attainment of that end. 25902 AUTICLE 7. Forasmuch as there is a debt due from sun- 25903 dry individuals of the Osage tribes or nations to the United 25904 States trading houses of theMissouri and Osage Eivers, amount- 25905 ing in the whole to about the sum of four thousand one hun- 25906 dred and five dollars and eighty cents, which the United States 25907 do hereby agree to release ; in consideration thereof, the said 25908 tribes or nations do, hereby, release and relinquish their claim 25909 upon the United States, for regular troops to be stationed, for 25910 their protection, in garrison, at Fort Clark, and, also, for furnish- 25911 ing of a blacksmith at that place, and the delivery of merchan- 25912 dise at Fire Prairie, as is provided for in the first, third, and 25913 fifth articles of the treaty concluded on the tenth day of No- 25914 vember, one thousand eight hundred and eight. 25915 Article 8. It appearing that the Delaware Nation have 25916 various claims against the Osages, which the latter have not had 580 25917 it in their power to adjust, and the United States being desirous 25918 to settle, finally and satisfactory, all demands and diiferences 25919 between the Delawares and Osages, do hereby agree to pay to 25920 the Delawares, in full satisfaction of all their claims and de- 25921 mands against the Osages, the sum of one thousand dollars. 25922 Article 9. With a view to quiet the animosities which at 25923 present exist between a portion of the citizens of Missouri and 25924 Arkansas and the Osage tribes, in consequence of the lawless 25925 depredatious of the latter, the United States do, furthermore, 25926 agree to pay, to their own citizens, the full value of such pro- 25927 perty as they can legally prove to have been stolen or destroyed 25928 by the Osages since the year eighteen hundred and eight, and 25929 for which payment has not been made under former treaties: Pro- 25930 vided, The sum to be paid by the United States does not exceed 25931 the sum of five thousand dollars. 25932 Article 10. It is furthermore agreed on, by and between 25933 the parties to these presents, that there shall be reserved two 25934 sections of land, to include the Harmony Missionary establish- 25935 ment, and their mill, on the Marias des Cynge; and one section, 25936 to include the missionary establishment above the Lick on the 25937 west side of Grand Eiver, to be disposed of as the President of 25938 the United States shall direct, for the benefit of said missions, 25939 and to establish them at the principal villages of the Great and 25940 Little Osage Ifations, within the limits of the country reserved 25941 to them by this treaty, and to be kept up at said villages, so 25942 long as said missions shall be usefully employed in teaching, 25943 civilizing, and improving the said Indians. 25944 Article 11. To preserve and perpetuate the friendship 25945 now happily subsisting between the United States and the said 25946 tribes or nations, it is hereby agreed that the provisions con- 25947 tained in the ninth article of the treaty concluded and signed at 25948 Fort Clark, on the tenth day of November, one thousand eight 25949 hundred and eight, between the United States and the said tribes 25950 or nations, shall, in every respect, be considered as in full force 25951 and applicable to the provisions of this treaty, and that the 25952 United States shall take and receive into their friendship and 25953 protection the aforsaid tribes or nations, and shall guaranty to 25954 them, forever, the right to navigate, freely, all water-courses or 25955 navigable streams within the tract of country hereby ceded, upon 25956 such terms as the same are or may be navigated by the citizens 25957 of the United States. 25958 Article 12. It is further agreed that there shall be deliv- 25959 ered as soon as niay be, after the execution of this treaty, at the 25960 Osage. villages, merchandize to the amount of four thousand 25961 dollars, first cost in St. Louis, and two thousand dollars in mer- chandize before their departure from this place; and horses 25962 581 25963 and equipage tc the value of tweuty-six hundred dollars ; which, 25964 together with the sum of oue hundred dollars, to be paid to Paul 25965 Loise, and the like sum to Baptiste Mongrain, in money, shall 25966 be in addition to the provisions and stipulations hereby above con- 25967 tained, in full satisfaction of the cession hereinbefore agreed on. 25968 Article 13. Whereas the Great and Little Osage tribes or 25969 nations are indebted to Augustus P. Chouteau, Paul Balio, and 25970 William P. Williams, to a large amount, for credits given to 25971 them, -which they are unable to pay, and have particularly re- 25972 quested to have paid or provided for in the present negotiation ; 25973 it is, therefore, agreed on, by and between the parties to these 25974 presents, that the United States shall pay to Augustus P. Chou- 25975 teau one thousaiid dollars; to Paul Balio two hundred and 25976 fifty dollars, and to William S. Williams two hundred and fifty 25977 dollars, towards the liquidations of their respective debts due 25978 from the said tribes or nations. 25979 Aeticle 14. These articles shall take effect, and become 25980 obligatory on the contracting parties, so soon as the same shall 25981 be ratified by the President, by and with the advice and consent 25982 of the Senate of the United States. 25983 Proclaimed December 30, 1825. 25984 1^. B. — All claims or interest under this treaty, except the 25985 sixth article, are give up by the treaty proclaimed March 2, 1839, 25986 (see page 583.) 25987 Treaty with the Great and Little Osages, 25988 Whereas the Congress of the United States of America being 25989 anxious to promote a direct commercial and friendly intercourse 25990 between the citizens of the United States and those of the Mexi- 25991 can republic, and to afford protection to the same, did, at their 25992 last session, pass an act, which was approved the 3d March, 25993 1825, "to authorize the President of the United States to cause 25994 a road to be marked out from the western frontier of Missouri, 25995 to the confines of l^ew Mexico," and which authorizes the Presi- 25996 dent of the United States to appoint commissioners to carry said 25997 act of Congress into effect, and enjoins on the commissioners so 25998 to be appointed that they first obtain the consent of the inter- 25999 vening tribes of Indians, by treaty, to the making of said road, 26000 and to the unmolested use thereof to the citizens of the United 26001 States and of the Mexican republic ; and Benjamin H. Eeeves, 26002 Geo. C. Sibley, and Thomas Mather, commissioners duly appoint- 26003 ed as aforesaid, being duly and fully authorized, have this day 26004 met the chiefs and head-men of the Great and Little Osage Na- 26005 tions, who being all duly authorized to meet and negotiate with 26006 the said commissioners upon the premises, and being specially 582 26007 met for that purpose, by the invitation of said commissioners, 26008 at the place called the Council Grove, on the Eiver Nee-o-zho, 26009 one hundred and sixty miles southwest from Fort Osage, have,. 26010 after due deliberation and consultation, agreed to the following 26011 treaty, which is to be considered binding on the said Great and 26012 Little Osages, from and after this day : 26013 Article 1. The chiefs and head-men of the Great and Lit- 26014 tie Osages, for themselves and their nations, respectively, do 26015 consent and agree that the commissioners of the United States 26016 shall and may survey and mark out a road, in such manner as 26017 they may think proper, through any of the territory owned or 26018 claimed by the said Great and Little Osage Nations. 26019 , Abticlb 2. The chiefs and head- men as aforesaid do fur- 26020 ther agree that the road authorized in article 1 shall, when 26021 marked, be forever free for the use of the citizens of the United 26022 States and of the Mexican republic, who shall at all times pass 26023 and repass thereon, without any hindrance or molestation on the 26024 part of the said Great and Little Osages. 26025 Article 3. The chiefs and head-men as aforesaid, in consid- 26026 eration of the friendly relations existing between them and the 26027 United States, do further promise, for themselves and their peo- 26028 pie, that they will, on all fit occasions, render such friendly aid 26029 and assistance as may be in their power, to any of the citizens 26030 of the United States, or of the Mexican republic, as they may 25031 at any time happen to meet or fall in Avith on the road aforesaid. 26032 Article 4. The chiefs and head-men, as aforesaid, do fur- 26033 ther consent and agree that the road aforesaid shall be considered 26034 as extending to a reasonable distance on either side, so that 26035 travellers thereon may, at any time, leave the marked tract, for 2S036 the purpose of finding subsistence and proper camping places. 26037 Article 5. In consideration of the privileges granted by 26038 the chiefs of the Great and Little Osages in the three preceding 26039 articles, the said commissioners on the part of the United States 26040 have agreed to pay to them, the said chiefs, for themselves and 26041 their people, the sum of five hundred dollars ; which snm is to 26042 be paid them as soon as may be, in money or merchandize, at 26043 their option, at such place as they may desire. 26044 Article 6. And the said chiefs and bead-men, as aforesaid, 26045 acknowledge to have received from the commissioners aforesaid, 26046 at and before the signing of this treaty, articles of merchandize 26047 to the value of three hundred dollars; which sum of three hun- 26048 dred dollars, and the payment stipulated to be made to the said 26049 Osages in article 5, shall be considered, and are so considered 26050 by said chiefs, as full and complete compensation for every privi- 26051 lege herein granted by said chiefs. 26052 Proclaimed May 3, 1826. 683 26053 Articles of a treaty made and concluded at Fort Gibson, icesi of 26054 ArJcansas, between Brigadier- General 31. Arbuclde, commis 26055 sioner on the part of the United States, and the chiefs, head- 26056 men, and ivarriors of the Great and Little Osage Indians, duly 26057 authorized by their respective bands. 26058 Article 1. The Great and Little Osage ludians Diake the 26059 following cessions to the United States : 26060 First. Of all titles or interest in any reservation heretofore 26061 claimed by them, -within the limits of any other tribe. 26062 Second. Of all claims or interests under the treaties o^ 26063 November tenth, one thousand eight hundred and eight, and 26064 June second, one thousand eight hundred and twenty-five, except 26065 so much of the latter as is contained in the sixth article thereof, 26066 and the said Indians bind themselves to remove from the lands 26067 of other tribes, and to remain within their own boundaries. 26068 Article 2. In consideration of the cessions and obligations 26069 contained in the preceding article, the United States agree to 26070 the following stipulations on their part : 26071 First. To pay to the said Great and Little Osage Indians, 26072 for the term of twenty years, an annuity of twenty thousand 26073 dollars to be paid in the Osage Nation, tweh^e thousand in money 26074 and eight thousand in goods, stock, provisions, or money, as the 26075 President may direct. 26076 Second. To furnish the Osage Nation, for the term of twenty 26077 jears, two blacksmiths and two assistants, the latter to be taken 26078 from the Osage Nation, and to receive two hundred and twenty- 26079 five dollars each per year ; each smith to be famished with a 26080 dwelling-house, shop and tools, and five hundred pounds of iron, 26081 and sixty pounds of steel annually. 26082 Third. To furnish the Osage Nation with a grist and saw 26083 mill, a miller to each for fifteen years, and an assistant to each 26084 for eleven years, the latter to be taken from the Osage Nation, 26085 and receive each two hundred and twenty-five dollars per year; 26085 each miller to be furnished with a dwelling-house, and the nec- 26087 essary tools. 26088 Fourth. To supply the said Great and Little Osage Indians 26089 within their country with one thousand cows and calves, two 26090 thousand breeding hogs, one thousand ploughs ; one thousand 26091 sets of horse gear ; one thousand axes, and one thousand hoes ; 26092 to be distributed under the direction of their agent and chiefs, 26093 as follows, viz : to each family who shall form an agricultural 26094 settlement, one cow and calf, two breeding hogs, one plough, 26095 one set of horse gear, one axe, and one hoe. The stock, tools, 26096 &c., to be in readiness for delivery as soon as practicable after 26097 the ratification of this treaty, and the Osages shall have com- ■ 26098 plied with the stipulations herein contained. 584 26099 Fifth. To furnish the following-named chiefs, viz, Pa-hu-sca, 2C100 Clermont, OUga-wa-sa, Ka-he-gais-tanga, Tawan-ga-hals, Wa- 26101 cho-chais, Ni-iia-wa-chin-tanga, Tally, Gui-hira-ba-chais, Bap- 26102 tist6 Mongrain, each with a house worth two hundred dollars ; 26103 and the following-named chiefs, viz, Chi-to-ka-sa-bais, Wa-ta- 26104 ni-ga, Wa-tier-chi-ga, Ohon-ta-sa-bais, Nan-gais-wa-ha-qui hais, 26105 Ka-hi-gais-stier-degais, Man-haie-spais- we-te-chis, Chow-gais-mo- 26106 nou, Gre-tan-mansais, Kan-sais-ke-cris, Cho-mi-ka-sais, Man- 26107 cha-ki da-chi-ga, each with a house worth one hundred dollars, 26108 and to furnish the above-named chiefs with six good wagons, 26109 sixteen carts, and twenty-eight yoke of oxen, with a yoke and 26110 log-chain to each yoke of oxen, to be delivered to them in their 26111 own country, as soon as practicable after the ratification of this 26112 treaty. 26113 Sixth. To pay all claims against said Osages, for depreda- 26114= tions committed by them against other Indians or citizens of 26115 the United States, to an amount not exceeding thirty thousand 26116 dollars, provided that the said claims shall be previously ex- 26117 amined under the direction of the President. 26118 Seventh. To purchase the reservations provided for individ- 26119 uals in the fifth article of the treaty of June second, one thousand 26120 eight hundred and twenty-five, at not exceeding two dollars per 26121 acre, to be paid to the respective reservees, excepting, however, 26122 from this provision, the tracts that were purchased in the fourth 26123 article of the treaty with the Cherokees of December twenty- 26124 ninth, one thousand eight hundred and thirty-five. 26125 Eighth. To reimburse the sum of three thousand dollars de- 26126 ducted from their annuity in one thousand eight hundred and 26127 twenty-five, to pay for property taken by them, which they have 26128 since returned. 26129 Ninth. To pay to Clermont's band their portion of the annuity 26130 for one thousand eight hundred and twenty-nine, which was 26131 wrongfully withheld from them by the agent of the Govern- 26132 ment, amounting to three thousand dollars. 26133 Article 3. This treaty shall be binding on both parties 26134 when ratified by the United States Senate. 2G135 Proclaimed March 2, 1839. 26136 Treaty between the United States of America and the Great and 26137 Little Osage Indians, concluded September 29, 1865 ; ratifi- 26138 cation advised, with amendments, June 26, 186Q; amendments 26139 accepted September 21, 1866 ; proclaimed January 21, 1867. 26140 Andrew Johnson, President of the United States of America, 26141 to all and singular to whom these presents shall come, greet- 26142 ing: 26143 Whereas a treaty was made and concluded at Canville Trad-. 585 26144 ing Post, Osage Nation, in the State of Kansas, on the twenty- 26145 ninth day of September, in the year of our Lord one thousand 26146 eight hundred and sixty-five, by and between D. N. Oooley and 26147 Elijah Sells, commissioners on the part of the United States, 26148 and White Hair, Little Bear, (Me-tso-shin-ca,) and other chiefs 26149 of the tribe of Great and Little Osage Indians, on the part of 26150 said tribe of Indians, and duly authorized thereto by them, 26151 which treaty is in the words and figures following, to wit : 26152 Articles of treaty and convention made and concluded at Can- 26153 ville Trading Post, Osage Nation, within the boundary of 26154 the State of Kansas, on the twenty-ninth day of Septem- 26155 ber, eighteen hundred and sixty-five, by and between D. N. 26156 Cooley, Commissioner of Indian Affairs, and Elijah Sells, 26157 superintendent of Indian afiairs for the southern superin- 2615S tendency, commissioners on the part of the United States, 26159 and the chiefs of the tribe of Great and Little Osage Indians, 26160 the said chiefs being duly authorized to negotiate and treat 26161 by said tribes. 26162 Article 1. The tribe of the Great and Little Osage In- 26163 dians, having now more lands than are necessary for their oc- 26164 cupation, and all payments from the Government to them under 26165 former treaties having ceased, leaving them greatly impover- 26166 ished, and being desirous of improving their condition by dis- 26167 posing of their surplus lands, do hereby grant and sell to the 26168 United States the lands contained within the following bound - 26169 aries, that is to say : Beginning at the southeast corner of their 26170 present reservation, and running thence north with the eastern 26171 boundary thereof fifty miles, to the northeast corner ; thence 26172 west with the northern line thirty miles ; thence south fifty 26173 miles, to the southern boundary of said reservation ; and thence 26174 east with said southern boundary to the place of beginning: 26175 Provided, That the western boundary of said land herein ceded 26176 shall not extend further westward than upon a line commencing 26177 at a point on the southern boundary of said Osage coun- 26178 try one mile east of the place where the Verdigris Eiver 26179 crosses the southern boundary of the State of Kansas. And, 26180 in consideration of the grant and sale to them of the above- 26181 described lands, the United States agree to pay the sum of 26182 three hundred thousand dollars, which sum shall be placed 26183 to the credit of said tribe of Indians in the Treasury of the 26184 United States, and interest thereon at the rate of five per 26185 centum per annum shall be paid to said tribes semi-annually, in 26186 money, clothing, provisions, or such articles of utility as the 26187 Secretary of the Interior may, from time to time, direct. Said 26188 lands shall be surveyed and sold, under the direction of the 26189 Secretary of the Interior, on the most advantageous terms, for 74 IT 586 26190 cash, as public lands are surveyed and sold under existing laws, 26191 including any act granting lands to the State of Kansas in aid 26192 of the construction of a railroad through said lands ; but no 26193 pre-emption claim or homestead settlement shall be recognized ; 26194 and after re-imbursing the United States the cost of said survey 26195 and sale, and the said sum of three hundred thousand dollars 26196 placed to the credit of said Indians, the remaining proceeds of 26197 sales shall be placed in the Treasury of the United States to the 26198 credit of the " civilization fund," to be used, under the direction 26199 of the Secretary of the Interior, for the education and civiliza- 26200 tion of Indian tribes residing within the limits of the United 26201 States. 26202 Akticle 2. The said tribe of Indians also hereby cede to 26203 the United States a tract of land twenty miles in width from 26204 north to south, off the north side of the remainder of their 26205 present reservation, and extending its entire length from east 26206 to west ; which land is to be held in trust for said Indians, and 26207 to be surveyed and sold for their benefit under the direction of 26208 the Commissioner of the General Land-OfEice, at a price not less 26209 than one dollar and twenty -five cents per acre, as other lands are 26210 surveyed and sold, under such rules and regulations as the 26211 Secretary of the Interior shall from time to time prescribe. The 26212 proceeds of such sales, as they accrue, after deducting all ex- 26213 penses incident to the proper execution of the trust, shall be 26214 placed in the Treasury of the United States to the credit of said 26215 tribe of Indians ; and the interest theron, at the rate of five per 26216 centum per annum, shall beexpendedaunuallyfor building houses, 26217 purchasing agricultural implements and stock animals, and for 26218 the employment of a physician and mechanics, and for providing 26219 such other necessary aid as will enable said Indians to com- 26220 mence agricultural pursuits under favorable circumstances: 26221 Provided, That twenty-five per centum of the net proceeds 26222 arising from the sale of said trust lands, until said percentage 26223 shall amount to the sum of eighty thousand dollars, shall be 26224 placed to the credit of the school fund of said Indians, and the 26225 interest thereon, at the rate of five per centum per annum, shall 26226 be expended semi-annually for the boarding, clothing, and educa- 26227 tion of the children of said tribe. 26228 Article 3. The Osage Indians, being sensible of the great 26229 benefits they have received from the Catholic mission, situate in 26230 that portion of their reservation herein granted and sold to the 26231 United States, do hereby stipulate that one section of said land, 26232 to be selected by the Commissioner of Indian Affairs so as to in- 26233 elude the improvements of said mission, shall be granted in fee- 26234 simple to John Schoenmaker, in trust, for the use and benefit of 20235 the society sustaining said mission, with the privilege to said 587 26236 Sohoenmaker, on the payment of one dollar and twenty-five cents 26237 per acre, of selecting and purchasing two sections of land adjoin- 26238 ing the section above granted ; the said selection to be held in 26239 trust for aaid society, and to be selected in legal subdivisions of 26240 surveys, and subject to the approval of the Secretary of the 26241 Interior. 26242 Article 4. All loyal persons, being heads of families and 26243 citizens of the United States, or members of any tribe at peace 26244 with the United States, having made settlements and improve- 26245 ments as provided by the pre-emption laws of the United States 26246 and now residing on the lands provided to be sold by the United 26247 States, in trust for said tribe, as well as upon the said lands 26248 herein granted and sold to the United States, shall have the 26249 privilege, at any time within one year after the ratification of 36250 this treaty, of buying a quarter section each, at one dollar and 26251 twenty-five cents per acre; such quarter section to be selected 26252 according to the legal subdivision of surveys, and to include, as 26253 far as practicable, the improvements of the settler. 26254 Aetiolb 5. The Osages being desirous of paying their just 26255 debts to James !N". Coffey and A. B. Oanville, for advances in 26256 provisions, clothing, and other necessaries of life, hereby agree 26257 that the superintendent of Indian affairs for the southern super- 26258 intendency and the agent of the tribe shall examine all claims 26259 against said tribe, and submit the same to the tribe for approval. 26260 or disapproval, and report the same to the Secretary of the In- 26261 terior, with the proofs in each case, for his concurrence or rejec- 26262 tion ; and the Secretary may issue to the claimants scrip for the 26263 claims thus allowed, which shall be receivable as cash in pay- 26264 ment for any of the lands sold in trust for said tribe : Provided, 26265 The aggregate amount thus allowed by the Secretary of the In- 26266 terior shall not exceed five thousand dollars. 26267 Aetiolb 6. In consideration of the long and faithful serv- 26268 ices rendered by Charles Mograin, one of the principal chiefs of 26269 the Great Osages, to the people, and in consideration of improve- 26270 ments made and owned by him on the land by this treaty sold 26271 to the United States, and in lieu of the provision made in article 26272 fourteen for the half-breed Indians, the heirs of the said Charles 26273 Mograin, dec[ease]d, may select one section of land, including his 26274 improvements, from the north half of said land, subject to the 26275 approval of the Secretary of the Interior, and upon his approval 26276 of such selection it shall be patented to the heirs of the said 26277 Mograin. dec[ease]d, in fee-simple. 26278 Article 7. It is agreed between the parties hereto that the 26279 sum of five hundred dollars shall be set apart each year from 26280 the moneys of said tribe, and paid by the agent to the chief. 26281 Article 8. The Osage Indians being anxious that a school 588 26282 should be established ia their new home, at their request it is 26283 agreed and provided that John Schoenmaker may select one 26284 section of land within their diminished reservation, and upon 26285 the approval of such selection by the Secretary of the Interior, 26286 such section of land shall be set apart to the said Schoenmaker 26287 and his successors, upon condition that the same shall be used, 26288 improved, and occupied for the support and education of the 26289 children of said Indians during the occupancy of said reserva- 26290 tion by said tribe : Provided, That said lands shall not be 26291 x>a'tented, and upon the discontinuance of said school shall revert 26292 to said tribe and to the United States as other Indian lands. 26293 Article 9. It is further agreed that, in consideration of 26294 the services of Darius Eogers to the Osage Indians, a patent 26295 shall be issued to him for one hundred and sixty acres of land, 26296 to include his mill and improvements, on paying one dollar and 26297 twenty-five cents per acre ; and said Rogers shall also have the 26298 privilege of purchasing, at the rate of one dollar and twenty. 26299 Ave cents per acre, one quarter section of land adjoining the 26300 tract above mentioned, which shall be patented to him in like 26301 manner; said lands to be selected subject to the approval of 26302 the Secretary of the Interior. 26303 Article 10. The Osages acknowledge their dependence on 26304 the Government of the United States, and invoke its protection 26305 and care ; they desire peace, and promise to abstain from war, 26306 and commit no depredations on either citizens or Indians ; and 26307 they further agree to use their best efforts to suppress the intro- 26308 duction and use of ardent spirits in their country. 26309 Article 11. It is agreed that all roads and highways laid 26310 out by the State or General Government shall have right of way 26311 through the remaining lands of said Indians, on the same terms 26312 as are provided by law, when made through lands of citizens of 26313 the United States ; and railroad companies, when the lines of 26314 their roads necessarily pass through the lands of said Indians, 26315 shall have right of way upon the payment of fair compensation 26316 therefor. 26317 Article 12. Within six months after the ratification of this 26318 treaty the Osage Indians shall remove from the lands sold and 26319 ceded in trust, and settle upon their diminished reservation, 26320 Article 13. The Osage Indians having no annuities from 26321 which it is possible for them to pay any of the expenses of carry- 26322 ing this treaty into effect, it is agreed that the United States 26323 shall appropriate twenty thousand dollars, or so much thereof 26324 as may be necessary, for the purpose of defraying the expense 26325 of survey and sale of the lands hereby ceded in trust, which 26326 amount so expended shall be re-imbursed to the Treasury of the 26327 United States from the proceeds of the first sales of said lands. 589 28328 Article 14. The half-breeds of the Osage tribe of Indians, 26329 not to exceed twenty-five in number, who have improvements on 26330 the north half of the lands sold to the United States, shall have 26331 a patent issued to them, in fee-simple, for eighty acres each, to 26332 include, as far as practicable, their improvements, said half- 26333 breeds to be designated by the chiefs and head-men of the tribe ; 26334 and the heirs of Joseph Swiss, a half-breed, and a former inter- 26335 prater of said tribe, shall, in lieu of the above provision, receive 26336 a title, in fee-simple, to a half section of land, including his house 26337 and improvements, if practicable, and also to a half section of 26338 the trust land ; all of said lands to be selected by the parties, 26339 subject to the approval of the Secretary of the Interior. 26340 Article 15. It is also agreed by the United States that 26341 said Osage Indians may unite with any tribe of Indians at peace 26342 with the United States, residing in said Indian Territory, and 26343 thence afterwards receive an equitable proportion, according to 26344 their numbers, of all moneys, annuities, or property payable by 26345 the United States to said Indian tribe with which the agreement 26346 may be made ; and in turn granting to said Indians, in propor- 26347 tion to their numbers, an equitable proportion of all moneys, 26348 annuities, and property payable by the United States to said 26349 Osages. 26350 Article 16. It is also agreed by said contracting parties, 26351 that if said Indians should agree to remove from the State of 26352 Kansas, and settle on lands to be provided for them by the 26353 United States in the Indian Territory on such terras as may be 26354 agreed on between the United States and the Indian tribes now 26355 residing in said Territory or any of them, then the diminished 26356 reservation shall be disposed of by the United States in the 26357 same manner and for the same purposes as hereinbefore provided 26358 in relation to said trust lands, except that fifty per cent, of the 26359 proceeds of the sale of said diminished reserve may be used by 26360 the United States in the purchase of lands for a suitable home 26361 for said Indians in said Indian Territory. 26362 Article 17. Should the Senate reject or amend any of the 26363 above articles, such rejection or amendment shall not affect the 26364 other provisions of this treaty, but the same shall go into effect 26365 when ratified by the Senate and approved by the President. 26366 Proclaimed January 21, 1867. 590 26367 OTTAWAS EESIDINa ON BLANCHAED'S FORK OP 26368 THE GREAT AUGLAIZE RIVER AND LITTLE AU- 26369 GLAIZE RIVER. 26370 Articles of agreement and convention made and concluded this thir- 26371 tieth day of August, in the year of our Lord one thousand 26372 eight hundred and thirty-one, by and between James B. Gardi- 26373 ner, specially appointed commissioner on the pari of the United 26374 States, on the one part, and the chiefs, head-men^ and warriors 26375 of the band of Ottoway Indians residing within the State of 26376 Ohio, on the other part, for a cession of the several tracts of 26377 land now held and occupied by said Indians tcithin said State, 26378 by reservations made under the treaty concluded at Detroit on 26379 the llth day of November, 1807, and the treaty made at the 26380 foot of the rapids of the Miami Biver of LaJce Erie, on the 26381 29th of September, 1817. 26382 Whereas the President of the United States, under the au- 26383 thority of the act of Congress approved May 28, 1830, has ap- 26384 pointed a special commissioner to confer with the different In- 26385 dian tribes residing within the constitutional limits of the State 26386 of Ohio, and to offer for their acceptance the provisions of the 26387 before-mentioned act ; and 26388 Whereas the band of Ottoways residing on Blauchard's 26389 Fork of the Great Auglaize River and on the Little Auglaize 26390 River, at Oquanoxie's village, have expressed their consent to 26391 the conditions of said act, and their willingness to remove west 26392 of the Mississippi in order to obtaia a more permanent and 26393 advantageous home for themselves and their posterity: 26394 Therefore, in order to carry into effect the aforesaid objects, 26395 the following articles of convention have been agreed upon by 26396 the aforesaid contracting parties, which, when ratified by the 26397 President of the United States, by and with the consent of the 26398 Senate thereof, shall be mutually binding upon the United 26399 States and the aforesaid band of Ottovray Indians. 26400 Article 1. The band of Ottoway Indians residing on 26401 Blanchard's Fork of the Great Auglaize River and at Oqua- 26402 noxa's village on the Little Auglaize River, in consideration of 26403 the stipulations herein made on the part of the United States, 26404 do forever cede, release, and quit-claim to the United States the 26405 lands reserved to them by the last clause of the sixth article of 26406 the treaty made at the foot of the rapids of the Miami of the 26407 Lake on the 29th of September, 1817 ; which clause is in the fol- 26408 lowing words : " There shall be reserved for the use of the Ot- 26409 toway Indians, but not granted to them, a tract of land on 26410 Blanchard's Fork of the Great Auglaize River, to contain five 591 26411 miles square, the centre of which tract is to be where the old 26412 trace crosses the said fork; and one other tract, to contain 26413 three miles square, on the Little Auglaize Eiver, to include 26414 Oquanoxa's village," making in said cession twenty-one thou- 26415 sand seven hundred and sixty acres. 26416 Article 2. The chiefs, head-men, and warriors of the band 26417 of Ottoway Indians residing at and near the places called 26418 Boclie'de Bceuf and Wolf Eapids, on the Miami Eiver of Lake 26419 Erie, and within the State of Ohio, wishing to become parties 26420 to this convention, and no't being willing, at this time, to stipu- 26421 late for their removal west of the Mississippi, do hereby agree, 26422 in consideration of the stipulations herein made for them on the 26423 part of the United States, to cede, release, and forever qnit- 26424 claim to the United States the following tracts of land, reserved 26425 to them by the treaty made at Detroit on the 17th day of No- 26426 vember, 1807, to wit, the tract of six miles square above Boclie 26427 de Boeuf, to include the village where Tondagonie (or ]3og) for- 26428 merly lived ; and also three miles square at the Wolf Eapids 26429 aforesaid, which was substituted for the three miles square 26430 granted by the said treaty of Detroit to the said Ottoways, " to 26431 include Presque Isle,^' but which could not be granted as stipu- 26432 lated in said treaty of Detroit in consequence of its collision 26433 with the grant of twelve miles square to the United States by 26434 the treaty of Greenville; making in the whole cession made by 26435 this article twenty-eight thousand one hundred and fifty-seven 26436 acres, which is exclusive of a grant made to Yellow Hair (or 26437 Peter Minor) by the eighth article of the treaty at the foot of 26438 the rapids of Miami, on the 29th of September, 1817, and for 26439 which said Minor holds a patent from the General Land Office 26440 for 643 acres. 26441 Article 3. In consideration of the cessions made in the 26442 first article of this convention, the United States agree to cause 26443 the band of Ottoways residing on Blanchard's Fork and at 26444 Oquanoxa's Village, as aforesaid, consisting of about two hun- 26445 dred souls, to be removed, in a convenient and suitable manner, 26446 to the western side of the Mississippi Eiver ; and will grant, by 26447 patent in fee-simple, to them and their heirs forever, as long as 26448 they shall exist as a nation, and remain upon the same, a tract of 26449 land to contain thirty-four thousand acres, to be located adjoining 26450 the south or west line of the reservation equal to fifty miles square 26451 granted to the Shawnees of Missouri and Ohio, on the Kahzas 26452 Eiver and its branches, by the treaty made at St. Louis, Novem- 26453 ber 7, 1825. 26454 Article 4. The United States will defray the expense of 26455 the removal of the said band of Obtoways, and will, moreover, 26456 supply them with a sufficiency of good and wholesome pro- 592 26457 visions to support them for one year after their arrival at their 26458 new residence. 26459 Article 5. lu lieu of the improvements which have been 26460 made on the lands ceded by the first article of this convention, 26461 it is agreed that the United States shall advance to the Otto- 26462 ways of Blanchard's Pork and Oquanoxa's Village the sum of 26463 two thousand dollars, to be re-imbursed from the sales of the 26464 lands ceded by the said first article. And it is expressly under- 26465 stood that this sum is not to be paid until the said Ottoways 26466 arrive at their new residence ; and that it is for the purpose of 26467 enabling them to erect houses and open farms for their accom- 26468 modation and subsistence in their new country. A fair and 26469 equitable distribution of this sum shall be made by the chiefs 26470 of the said Ottoways, with the consent of their people, in gen- 26471 eral council assembled, to such individuals of their band as may 26472 have made improvements on the lands ceded by the first article 26473 of this convention, and may be properly entitled to the same. 26474 Article 6. The farming-utensils, live stock, and other 26475 chattel-property which the said Ottoways of Blanchard's Pork 26476 and Oquanoxa's Village now own, shall be sold, under the 26477 superintendence of some suitable person appointed by the 26478 Secretary of War, and the proceeds paid to the owners of such 26479 iiroperty, respectively. 26480 Article 7. The United States will expose to sale to the 26481 highest bidder, in the manner of selling the public lands, the 26482 tracts ceded by the first article of this convention, and after de- 26483 ducting from the proceeds of such sales the sum of seventy 26184 cents per acre, exclusive of the cost of surveying, and the sum 26485 of two thousand dollars advanced in lieu of improvements, it 26486 is agreed that the balance, or so much thereof as may be neces- 26487 sary, shall be hereby guaranteed for the payment of the debts 26488 which the said Ottoways of Blanchard's Fork and Oquanoxa's 26489 Village may owe in the State of Ohio and the Territory of 26490 Michigan, and agree to be due by them, as provided in the six- 26491 teenth article of this convention ; and any surplus of the pro- 26492 ceeds of said lands which may still remain shall be vested by 26493 the President in Government stock, and five ])er cent, thereon 26494 shall be paid to the said Ottoways of Blanchard's Pork and 26495 Oquanoxa's Village as an annuity during the pleasure of Gon- 26496 gress. 26497 Article 8. It is agreed that the said band of Ottoways, of 26498 Blanchard's Pork and Oquanoxa's Village, shall receive, at their .26499 new residence, a fair proportion of the annuities due to their 26500 nation by former treaties, which shall be apportioned under the 26501 direction of the Secretary of War according to their actual 26502 numbers. 593 26503 Article 9. The lauds granted by this agreement and con- 26504 vention to]the said ^band of Ottaways residing at Blanchard's 26505 Fork and Oquanoxa's Village shall not be sold nor ceded by them, 26506 except to the United States. And the United States guarantee 26507 that said lands shall never be within the bounds of any State or 26508 Territory, nor subject to the laws thereof; and further, that the 26509 President of the United States will cause said band to be pro- 26510 tected, at their new residence, against all interruption or dis- 26511 turbance from any other tribe or nation of Indians, and from any 26512 other person or persons whatever ; and he shall have the same 26513 care and superintendence over them in the country to which 26514 they design to remove that he now has at their present resi- 26515 dence. 26516 Article 10. As an evidence of the good will and kind feel- 26517 iugs of the people of the United States towards the said band 26518 of Ottoways of Blanchard's Pork and Oquanoxa's Village, it is 26519 ' agreed that the following articles be given them as presents, to 26520 wit: eighty blankets, twenty-five rifle guns, thirty -five axes, 26521 twelve ploughs, twenty sets of horse-gears, and Russian sheet- 26522 ing sufficient for tents for their whole band; the whole to be de- 26523 livered according to the discretion of the Secretary of War. 26524 Article 11. In consideration of the cessions made in the 26525 second article of this convention by the chiefs, head-men, and 26526 warriors of the band of Ottoways residing at Boclie de Boeuf 26527 and Wolf Eapids, it is agreed that the United States will grant 26528 to said band, by patent in fee-simple, forty thousand acres of 26529 land, west of the Mississippi, adjoining the lands assigned to 26530 the Ottoways of Blanchard's Pork and Oquanoxa's Village, or in 26531 such other situation as they may select, on the unappropriated 26532 lands in the district of country designed for the emigrating 26533 Indians of the United States. And whenever the said band 26534 may think proper to accept of the above grant, and remove 26535 west of the Mississippi, the United States agree that they shall 26536 be removed and subsisted by the Government in the same man- 26537 ner as is provided in this convention for their brethren of Blanch- 26538 ard's Pork and Oquanoxa's Village, and they shall receive like 26539 presents, in proportion to their actual numbers, under the direc- 26540 tion of the Secretary of War. It is also understood and agreed 26541 that the said band, when they shall agree to remove west of the 26542 Mississippi, shall receive their proportion of the annuities due 26543 their nation by former treaties, and be entitled in every respect 26544 to the same privileges, advantages, and protection, which are 26545 herein extended to their brethren and the other emigrating In 26546 dians of the State of Ohio. 26547 Article 12. The lands ceded by the second article of this 26548 convention shall be sold by the United States to the highest 75 I t < 594 26549 bidder, in the manner of selling the public lands, and after 26550 deducting from the avails thereof seventy cents per acre, ex- 26551 elusive of the cost of surveying, the balance is hereby guaran- 26552 teed to discharge such debts of the Ottoways residing on the 26553 river and bay of the Miami of Lake Brie, as they may herein 26554 acknowledge to be due and wish to be paid. And whatever 26555 overplus may remain of the avails of said lands, after discharg- 26556 ing their debts as aforesaid, shall be paid to them in money, 26557 provided they shall refuse to remove west of the Mississippi, 26558 and wish to seek some other home among their brethren in the 26559 Territory of Michigan. But should the said band agree to re 26560 move west of the Mississippi, then any overplus which may re- 26561 main to them, after paying their debts, shall be invested by the 26562 President, and five per centum paid to them as an annuity, as 26563 is provided for their brethren by this convention. 26564 Article 13. At the request of the chiefs residing at Roclie 26565 de Boeuf and Wolf Eapids, it is agreed that there shall be re- 26566 served for the use of Wau-be-ga-kake, (one of the chiefs,) for 26567 three years only from the signing of this convention, a section 26568 of land below and adjoining the section granted to and occupied 26569 by Yellow Hair or Peter Minor ; and, also, there is reserved in 26570 like manner, and for the term of three years, and no longer, for 26571 the use of Muck quiou-a, or Bearskin, one section and a half, 26572 below Wolf Eapids, and to include his present residence and 26573 improvements. And it is also agreed that the said Bearskin 26574 shall have the occupancy of a certain small island in the Maumee 26575 Eiver opposite his residence, where he now raises corn, which 26576 island belongs to the United States, and is now unsold ; but the 26577 term of this occupancy is not guaranteed for three years ; but 26578 only so long as the President shall think proper to reserve the 26579 same from sale. And it is further understood that any of the 26580 temporary reservations made by this article may be surveyed 26581 and sold by the United States, subject to the occupancy of three 26582 years, hereby granted to the aforesaid Indians. 26583 Article 14. At the request of the chiefs of Boohe de Boeuf 26584 and Wolf Eapids, there is hereby granted to Hiram Thebault, 26585 (a half-blooded Ottoway,) a quarter-section of land, to contain one 26586 hundred and sixty acres, and to include his present improve- 26587 meats, at the Bear Eapids of the Miami of the Lake. Also, one 26588 quarter section of land, to contain like quantity, to William 26589 McNabb, (a half-blooded Ottoway,) to adjoin the quarter- section 26590 granted to Hiram Thebault. In surveying the above reserva- 26591 tions, no greater front is to be given on the river than would 26592 properly belong to said quarter-sections, in the common manner 26593 of surveying the public lands. 26594 ARTICLE 15. At the request of the chiefs of Boche de Boeuf 595 26595 and Wolf Kapids, there is granted to the children of Yellow 26596 Hair,, (or Peter Minor,) one-half section of land, to contain three 26597 hundred and twenty acres, to adjoin the north line of the sec- 26598 tion of land now held by said Peter Minor, under patent from 26599 the President of the United States, bearing date the 24th of 26600 November, 1827, and the lines are not to approach nearer than 26601 one mile to the Miami Eiver of the Lake. 26602 Article 16. It is agreed by the chiefs of Blanchard's Fork 26603 and Oquonoxa's Village, and the chiefs of Roche de Boeuf and 26604 Wolf Eapids, jointly, that they are to pay, out of the surplus 26605 proceeds of the several tracts herein ceded by them, equal pro- 26606 portions of the claims against them by John E. Hunt, John 26607 Hollister, Eobert A. Forsythe, Payne C. Parker, Peter Minor, 26608 Theodore E. Phelps, Oollister Haskins, and S. and P. Carlan. 26609 The chiefs aforesaid acknowledge the claim of John E. Hunt 26610 to the amount of five thousand six hundred dollars ; the claim of 26611 John Hollister to the amount of five thousand dollars ; the claim 26612 of Eobert A. Forsythe to the amount of seven thousand five 26613 hundred and twenty-four dollars, in which is included the claims 26614 assigned to said Forsythe by Isaac Hull, Samuel Vance, A. Pel- 26615 tier, Oscar White, and Antoine Lepoint. They also allow the 26616 claim of Payne 0. Parker to the amount of five hundred dollars ; 26617 the claim of Peter Minor to the amount of one thousand dollars ; 26618 the claim of Theodore E. Phelps to the amount of three hundred 26619 dollars ; the claim of Collister Haskins to the amount of fifty -26620 dollars, but the said Haskins claims fifty dollars more as his 26621 proper demand ; and the claim of S. and P. Garlan to the amount 26622 of three hundred and ninety-eight dollars and twenty-five cents. 26623 The aforesaid chiefs also allow the claim of Joseph Laronger to 26624 the amount of two hundred dollars, and the claim of Daniel 26625 Lakin to the amount of seventy dollars. Notwithstanding the 26626 above acknowledgement and allowances, it is expressly under- 26627 stood and agreed by the respective parties to this compact, that 26628 the several claims in this article, and the items which compose 26629 the same, shall be submitted to the strictest scrutiny and exam- 26630 illation of the Secretary of War and the accounting officers of 26631 the Treasury Department, and such amount only shall be allowed 26632 as may be found just and true. 26633 Akticle 17. On the ratification of this convention, the 26634 privileges of every description granted to the Ottoway Nation, 26635 within the State of Ohio, by the treaties under which they hold 26636 the reservations of land herein ceded, shall forever cease and 26637 determine. 26638 Article 18. Whenever the deficiency of five hundred and 26639 eighty dollars, which accrued in the annuities of the Ottoways 26640 for 1830, shall be paid, the parties to this convention, residing 596 26641 on Blanchard's Fork and Oquanoxa's Village, shall receive their 26642 fair and equitable portion of the same, either at their present or 26643 intended residence. 26644 Article 19. The chiefs signing this convention also agree, 26645 in addition to the claims allowed in the sixteenth article thereof, 26646 that they owe John Anderson two hundred dollars, and Francis 26647 Lavoy two hundred dollars. 26648 Article 20. It is a,greed that there shall be allowed to Nau- 26649 on-quai-que-zhick one hundred dollars, out of the surplus fund 26650 accruing from the sales of the lands herein ceded, in consequence 26651 of his not owing any debts, and having his land sold to pay the 26652 debts of his brethren. 26653 Proclaimed April 6, 1832. 26654 OTTAWAS, BAND EESIDING ON THE INDIAN EE- 26655 SERVES, ON THE MIAMI OF LAKE ERIE. 26656 Articles of a treaty made at Maumee in tlie State of Ohio, on the 26657 eighteenth day of February, in the year of our Lord one thou- 26658 sand eight hundred and thirty-three, between George B. Porter, 26659 commissioner on the j^art of the United States, of the one part, 26660 and the undersigned chiefs and head-men of the band of Ot- 26661 tawa Indians residing on the Indian Reserves, on the Miami 26662 of Lake Erie, and in the vicinity thereof, representing the whole 26663 of said band, of the other part. 26664 Whereas, by the twentieth article of the treaty concluded 26665 at the foot of the rapids of the Miami of Lake Erie, on the 26666 twenty-ninth day of September, A. D. 1817, (proclaimed 26667 January 4, 1819, see page 205,) it is provided as follows: 26668 " The United States also agree to grant, by patent, to the chiefs 26669 of the Ottawa tribe of Indians for the use of the said tribe, a 26670 tract of land, to contain thirty-four square miles, to be laid out 26671 as nearly in a square form as practicable, not interfering with the 26672 lines of the tracts reserved by the treaty of Greenville, on the 26673 south side of the Miami River of Lake Erie, and to include Tush. 26674 que-gan, or McCarty's village ; which tracts, thus granted, shall 26675 be held by the said tribe, upon the usual conditions of Indian 26676 reservations, as though no patent were issued ;" and 26677 Whereas by the sixth article of the treaty concluded at 26678 Detroit, on the seventeenth day of November, A. D. 1807, 26679 (proclaimed January 27, 1808, see page 194,) it is provided, for 26680 the accommodation of the Indians named in the treaty, that certain 26681 tracts of land, within the cession then made, should be reserved 26682 to the said Indian nations, among -which is a reservation de- 597 26683 scribed as follows : " Four miles square on the Miami Bay, in 26684 eluding the villages where Meskeman and Waugan now live," 26685 which reservation was expressly made for the Ottawa tribe. By 26686 virtue of which stipulations and reservations the said band of 26687 Ottawas are now in the occupancy and enjoyment of the two 26688 tracts of land therein described, and for the consideration here- 26689 inafter stated have agreed to cede the same to the United States ; 26690 and bind themselves to each and all of the articles and conditions 2G691 which follow: 26692 Article 1. The said Ottawa band cede to the United 26693 States all their land on each or either side of the Miami Kiver 26694 of Lake Erie, or on the Miami Bay, being all the lands mentioned 26695 or intended to be included in the two reservations aforesaid, or 26696 to which they have any claim. K"o claims to be made for im- 26697 provements. 26698 Abticle 2. It is agreed that out of the lands hereby ceded, 26699 the following reservations shall be made, and that patents for 26700 each tract shall be granted by the United States to the indi- 26701 viduals respectively and their heirs for the quantity hereby as- 26702 signed to each, that is to say : A tract of fifteen hundred and 26703 twenty acres shall be laid off at the mouth of the river, on the 26704 south side thereof, and to be so surveyed as to accommodate the 26705 following persons, for whose use respectively each tract herein- 26706 after described is reserved, viz : three hundred and twenty acres 26707 for Au-to-kee, a chief, at the mouth of the river, to include 26708 Presque Isle ; eight hundred acres for Jacques, Eobert, Peter, 26709 Antoine, Francis, and Alexis ]!Tavarre, to include their present 26710 improvements ; one hundred and sixty acres for Wa-say-on, the 26711 son of Tush-quaguan, to include his father's old cabin ; the re- 26712 maining two hundred and forty acres to be set off in the rear of 26713 these two sections: eighty acres thereof for Pe-tau, and if prac- 26714 ticable to include her cabin and field ; eighty acres more thereof 26715 for Che-no, a chief, above, or higher up the little creek, and the 26716 other eighty acres thereof for Joseph Le Cavalier Eanjard, in 26717 trust for himself and the legal representatives of Albert Eanjard, 26718 deceased. Also, the following tracts on the north side of said 26719 river: one hundred and sixty acres for Wau-sa-on-o-quet, a chief, 26720 to include the improvement where he now lives on Pike Creek, 26721 and to front on the bay ; eighty acres for Leon Guoin and his 26722 children, adjoining the last and on the south side thereof; one 26723 hundred and sixty acres for Aush-cush and Ke-tuck-kee, chiefs, 26724 to be laid off" on the north side of Ottawa Creek, fronting on the 26725 same, and above the place where the said Aush-cush now lives; 26726 one hundred and sixty acres for Eobert A. Forsyth, of Maumee, 26727 to be laid off on each side of the turnpike road where Halfway 26728 Creek crosses the same ; and one hundred and sixty acres, front' 598 26729 ing on the Maumee Eiver, to iuclude the place where Ke-ne-waa- 26730 ba formerly resided; one hundred and sixty acres for John E. 26731 Hunt, fronting on the said river, immediately above and adjoin- 26732 ing the last; and also one hundred and sixty acres, to adjoin the 26733 former tract, on the turnpike road. The said tracts to be ^ur- 26734 veyed and set off under the direciion of the President of the 26735 United States. 26736 The said Au-to-kee, Wa-say-on, Pe-tau-che-no, Wau-sa-on- 26737 o-quet, Aush-cush, and Ke-tuck-kee, being Indians, the lands 26738 hereby reserved for them are not to be alienated without the 26739 approbation of the President of the United States. 26740 The said Leon Guoin has resided for a long time among 26741 these Indians ; has subsisted them when they would otherwise 26742 have suffered, and they are greatly attached to him. They 26743 request that the grant be to him and his present wife, during 26744 their joint lives, and the life of the survivor, and to their children 26745 in fee. 26746 The said Jacques, Robert, Peter, Antoine, Francis, and 26747 Alexis Navarre have long resided among these Indians, inter. 26748 married with them, and been valuable friends. 26749 The said Albert Eanjard, deceased, had purchased land of 26750 them previous to the late war, upon which, before he died, he 26751 had paid them three hundred dollars, for which his family have 26752 never received any equivalent. 26753 The reservations to the said Eobert A. Forsyth and John 26754 E. Hunt being at the especial request of the said band, in con- 26755 sideration of their long residence among them and the many 26756 acts of kindness they have extended to them. 26757 Article 3. In consideration of which it is agreed that the 26758 United States shall pay to the said band of Indians the sum of 26759 twenty-nine thousand four hundred and forty dollars, to be, by 26760 direction of the said band, applied in extinguishment of their 26761 debts, in manner following, that is to say, to John Hollister and 26762 Company, seven thousand three hundred and sixty-five dollars, 26763 which includes other claims, directed by the said Indians to be 26764 by him paid, amounting to thirteen hundred and ninety-five dol- 26765 lars, as per Schedule A herewith : To John E. Hunt, nine thou- 26766 sand nine hundred and twenty-nine dollars, which includes 26767 other claims directed by the said Indians to be by him paidj 26768 amounting to two thousand six hundred and seventy-five dol- 26769 lars and sixty-three cents, as per Schedule B herewith : To Eob- 26770 ert A. Forsyth, of Maumee, ten thousand eight hundred and 26771 ninety dollars, which includes other claims directed by the said 26772 Indians to be by him paid, amounting to four thousand four 26773 hundred and ten dollars, as per Schedule C herewith : To Louis 26774 Beaufit, seven hundred dollars ; to Pierre Menard, four hundred 599 26775 dollars ; to John King, one hundred dollars ; to Louis King, 26776 fifty-six dollars.(a) 26777 Within six months after payment by the United States of 26778 the said consideration money the said Indians agree to remove 26779 from all the lands herein ceded. And it is expressly understood 26780 that in the mean time no interruption shall be offered to the sur- 26781 vey of the same by the United States. 26782 And wheteas the said band have represented to the said 26783 commissioner that under the treaty, as interpreted to them, en- 26784 tered into with John B. Gardiner, commissioner on the part of 26785 the United States, on the 30th day of August, 1831, (pro- 26786 claimed April 6, 1832; see preceding treaty,) for the cession 26787 of a part of their lands, there is due to them, jointly with that 26788 portion of the tribe that has emigrated, eighteen thousand 26789 dollars, and for which they have made claim ; whenever this 26790 deficiency shall be paid it is agreed that out of said fund there 26791 shall be paid to Joseph Leronger, in full satisfaction of all his 26792 claim, four hundred dollars ; and to Pierre Menard, in like sat- 26793 isfactlon, sixteen hundred dollars ; to Gabriel Godfrey, junior, 26794 in like satisfaction, two hundred dollars ; to Waubee's daughter, 26795 Nau-quesh-kum-o-qua, fifty dollars ; to Charles Leway, or Nau- 26796 way-nes, fifty dollars ; to Dr. Horatio Oonant, two hundred dol- 26797 lars, in full satisfaction of all his claim ; to Joseph P. Marsac, 26798 fifty dollars. 26799 This treaty, after the same shall have been ratified by the 26800 President and Senate of the United States, shall be binding on 26801 the contracting parties. 26802 Proclaimed March 22, 1833. 26803 OTTAWAS, BLANGHAED'S FORK, AND EOCHE DE 26804 BCEUP, UNITED BANDS. 26805 Treaty between the United States of America and the Ottawa In- 26806 dians of Blanchard's Forlc and Roche Be Bceuf, concluded 26807 June 24, 1862 ; ratification advised, with amendment, July 16, 26808 1862 ; amendment accepted, July 19, 1862. 26809 Abraham Lincoln, President of the United States of America, 26810 to all and singular to whom these presents shall come, 26811 greeting : 26812 Whereas a treaty was made and concluded at the city of 26813 Washington, in the District of Columbia, on the twenty-fourth 26814 day of June, in the year of our Lord eighteen hundred and sixty- 26815 two, by and between William P. Dole, commissioner on the part (a) These schedules are not on file at Washington. 600 26816 of the Uuited States, and the hereinafter-named chief and coun- 26817 oilmen of the Ottawa [Indians] of the united bands of Blanch- 26818 ard's Fork and Eochede Bceuf, now in Franklin County, in the 26819 State of Kansas, being duly authorized by said bands, which 26820 treaty is in the words and figures following : 26821 Articles of agreement and convention, made and concluded at 26822 Washington City, on the twenty -fourth day of June, eighteen 26823 hundred and sixty-two, by and between William P. Dole, 26824 commissioner on the part of the United States, and the fol- 26825 lowing-named chief and councilmen of the Ottawa Indians 26826 of the united bands of Blanchard's Fork and of Eoche de 26827 BoBuf, now in Franklin County, Kansas, viz : Pem-ach-wung, 26828 chief; John T. Jones, William Hurr^ and James Wind, coun- 26829 cilmen, they being thereto duly authorized by said tribe. 26830 Article 1. The Ottawa Indians of the united bands of Blau- 26831 chard's Fork and of Eoche de Boeuf, having become sufficiently 26832 advanced in civilization, and being desirous of becoming citizens 26833 of the United States, it is hereby agreed and stipulated that 26834 their organization and their relations with the United States 26835 as an Indian tribe shall be dissolved and terminated at the ex- 26836 piration of five years from the ratification of this treaty ; and 26837 from and after that time, the said Otlawas, and each and every 26838 one of them, shall be deemed and declared to be citizens of the 26839 United States, to all intents and purposes, and shall be entitled 26840 to all the rights, privileges, and immunities^ of such citizens, 26841 and shall, in all respects, be subject to the laws of the United 26842 States and of the State or States thereof in which they may 26843 reside. 26844 Article 2. It is hereby made the duty of the Secretary of 26845 the Interior to cause a survey of the reservation of the said Ot- 26846 tawas to be made as soon as practicable after the ratification of 26847 this treaty, dividing it into eighty-acre tracts, with marked 26848 stones ^set at each corner ; and said Ottawas, having already 26849 caused their reservation to be surveyed, and quarter-section 26850 stones set, it is hereby stipulated that such survey shall be 26851 adopted, in so far as it shall be found correct. 26852 Article 3. It being the wish of said tribe of Ottawas to 26853 remunerate several of the chiefs, councilmen, and head-men 26854 of the tribe for their services to^^them many years^without'pay, 26855 it is hereby stipulated that five sections of land is [are] reserved 26856 and set apart for that purpose, to be apportioned among the 26857 said chiefs, councilmen, and head-men as the members of the 26858 tribes shall in full council determine ; and it shall be the duty 26859 of the Secretary of the^Interior to issue patent8,'inTee-simple, 26860 of said lands, when located and apportioned to said Indians. 26861 In addition thereto, said last-named persons, and each^and every 601 26862 head of a family in said tribe, shall receive 160 acres of laud, 26863 which shall include his or her house and all improvements, so 25864 far as prfioticable ; and all other members of the tribe shall re- 26865 ceive 80 acres of land each, and all the locations for the heads 26866 of families, made in accordance with this treaty, shall be made 26867 adjoining, and in as regular and compact form as possible, and 26868 with due regard to the rights of each individual and of the 26869 whole tribe. 26870 Aeticle 4. To enable said tribe to establish themselves 28871 more fully in agriculture, and gradually to increase their prepa- 26872 rations for assuming the responsibilities and duties of citizen- 26873 ship, it is stipulated that, subject to the limitations hereinafter 26874 m entioned , the sum of eighteen thousand ($18,000) dollars shall be 28875 paid to said tribe, in the manner of annuities, out of their moneys 26876 now in the hands of the United States, in September, 1862, and 26877 subject to the limitations of this treaty. There shall be paid to 26878 them in four equal annual payments thereafter, as near as may 26879 be, all the moneys which the United States hold, or may hold, 26880 in any wise for them, with accruing interest on all moneys re- 26881 maining with the United States. 26882 Article 5. It being the desire of the tribe to pay all lawful 26883 and just debts against them contracted since they were removed 26884 to Kansas, it is agreed that such demands as the council of the 26885 tribe and the agent shall approve, when confirmed by the Secre- 26886 tary of the Interior, may be received in payment for the lands 26887 hereinafter provided to be sold, or otherwise such debts shall be 28888 paid out of the funds of said Ottawas ; but in no case shall more 26889 than $15,000 be allowed and paid for such debts. 26890 Article 6. The Ottawas deeming this a favorable opportu- 26891 nity to provide for the education of their posterity, and feeling 26892 that they are able to do so by the cooperation of the United 26893 States, now, in pursuance of this desire of the Ottawas, after the 26894 selections and allotments herein provided have been made, there 26895 shall be set apart, under the direction of the Secretary of the 20896 Interior, twenty thousand acres of average lands for the purpose 26897 of endowing a school for the benefit of said Ottawas; also, one 26898 section of land, upon which said school shall be located, which 26899 section of land shall be inalienable, and upon which, and all the 26900 appurtenances and property for school purposes thereon, no tax 26901 shall ever be laid by any authority whatever. 26902 Five thousand acres of said land may be sold by the trustees 26903 hereinafter named, the proceeds of which may be devoted 'to the 26904 erection of proper buildings and improvements upon said section 26905 for reception "of the pupils ; and the residue of the school-lands 26906 may in like manner be sold, from time to time, as full prices 26907 can be obtained for the same. The money received therefor 76 IT 602 26908 shall be loaned upon good real estate security, to be improved 26909 farms in the county of the reservation, the same not to be 26910 a security for more than half the appraised value of the land 26911 as returned by the county assessor, and no laud to be taken 26912 as security for such loan or loans •which shall be encumbered 26913 in any manner, or the title to which shall have been derived 26914 from or held by any judicial, administrator, or executor's sale, 26915 or by the sale of any person acting in a fiduciary capacity. 26916 The security shall never be avoided on account of any rate of 26917 interest reserved, and the interest only shall be applied to the 26918 support of the school, so that the principal sum shall never be 26919 diminished. 26920 And to the end that the Ottawas may derive the greatest 26921 advantage from said school, the pupils shall be instructed and 26922 practiced in industrial pursuits suitable to their age and sex, as 26923 well as in such branches of learning as the means of the institu- 26924 tion and the capacity of the pupils will permit. 26925 The lands hereby set apart shall not be subject to taxation 26926 until they are sold. They may be sold upon such credit as the 26927 trustees may think most for the interest of the enterprise. Se- 26928 curity for the payment shall be taken with interest, the interest 26929 to be paid annually, but no title shall be made until the purchase 26930 money is all paid. 26931 John T. Jones, James Wind, William Hurr, Joseph King, 26932 who are Ottawas, and John G-. Pratt, and two other citizens of 26933 Kansas, who shall be elected by the said Ottawa Indians, are, 26934 by the parties agreed, to be trustees to manage the funds and 26935 property by this article set apart. They and their successors 26936 shall have the control and management of the school, and the 26937 funds arising from the sales of lands set apart therefor, and also 26938 the reserved section whereon the school is situated. Upon the 26939 death, resignation, or refusal to act by either of them, the va- 26940 canoy shall be filled by the survivors, provided that the board of 26941 trustees shall always have three white citizens members of said 26942 board. 26943 . A majority of the trustees shall form a quorum to transact 26944. business, but there shall be two of the white trustees present at 26945 the transaction of business. All acts of the trustees shall be re 26946 corded in a book or books to be by them kept for that pm^pose, 26947 and the proceedings of each meeting shall be signed by the pres- 26948. ident, to be by them elected out of their number. They shall 26949 also elect a treasurer and secretary from their number. All 26950 contracts of the trustees shall be in the name of their treasurer, 26951 who shall be competent to sue and be sued in all matters affect- 26952 ing the trust; he shall give bond conditioned for the faithful 26953 discharge of his duty, and the proper accounting for all money 603 26954 or property of the trust coming to his hands, with at least two 26955 good freehold sureties, in the penalty of ten thousand dollars, to 26956 be approved by a judge of a court of record in Kansas. 26957 And the secretary and treasurer may be allowed, from time 26958 to time, such sum, from the proceeds of the trust, as the trustees 26959 in their judgment shall think just. Upon a sale of any of the 26960 lands by the trustees, upon their request, the same shall be coii- 26961 veyed by the United States, by patent, to the purchaser. 26962 And it is hereby expressly provided and agreed that the 26963 children of the Ottawas and their descendants, no matter where 26964 they may emigrate, shall have the right to enter said school and 26965 enjoy all the privileges thereof, the same as though they had 26966 remained upon the lands by this treaty allotted. 26967 Article 7. There shall be set apart ten acres of land for 26968 the benefit of the Ottawa Baptist church, and said land shall 26969 include the church buildings, mission-house, and graveyard, and 26970 the title to said property shall be vested in a board of five trustees, 26971 to be appointed by said church, in accordance with the laws of 26972 the State of Kansas. 26973 And in respect for the memory of Kev. J. Meeker, deceased, 26974 who labored with unselfish zeal for nearly twenty years among 26975 said Ottawas, greatly to their spiritual and temporal welfare, it 26976 is stipulated that 80 acres of good land shall be, and hereby is, 26977 given, in fee-simple, to each of the two children of said Meeker, 26978 viz, Bmmeline and Eliza ; their lands to be selected and located 26979 as the other allotments herein provided are to be selected and 26980 located, which lands shall be inalienable the same as the lands 26981 allotted to the Ottawas. 26982 And all the above-mentioned selections of lands shall be made 26983 by the agent of the tribe, under the direction of the Secretary of 26984 the Interior. And plats and records of all the selections and loca- 26985 tious shall be made, and, upon their completion and approval, 26986 proper patents by the United States shall be issued to each in- 26987 dividual member of the tribe and person entitled for the lands 26988 selected and allotted to them, in which it shall be stipulated that 26989 no Indian, except as herein provided, to whom the same may be 26990 issued, shall alienate or encumber the land allotted to him or her 26991 in any manner, until they shall, by the terms of this treaty, be- 26992 come a citizen of the United States; and any conveyance or en. 26993 cumbrance of said lands, done or suffered, except as aforesaid, 26994 by any Ottawa Indian, of the lands allotted to him or her, made 26995 before they shall become a citizen, shall be null and void. 26996 And forty acres, including the houses and improvements of 26997 the allottee, shall be inalienable during the natural lifetime of 26998 the party receiving the title : Provided^ That such of said In- 26999 dians as are not under legal disabilities by the local laws may 604 27000 sell to each other such portions of their lands as are subject to 27001 sale, with the consent of the Secretary of the Interior, at any 27002 time. 27003 Article 8. That upon the ratification of this treaty a census 27004 of all the Ottawas entitled to land or money under the treaty 27005 shall be taken under the direction of the Secretary of the 27006 Interior. 27007 The principal to be paid to the minors shall be paid to their 27008 parents, unless the council of the tribe shall object because of 27009 the incompetency of the parent, growing out of ignorance, profli- 27010 gacy, or any other good cause ; the council may also object to 27011 the payment of the money to any such incompetent which may be 27012 coming to himself or herself 3 and in all such cases the principal 27013 sum shall be withheld, and only the annuity paid, until such 27014 minor comes of age, or the disability is removed by the action of 27015 the council: Provided fiirther, That the money of minors may, 27016 in all cases, be paid to guardians appointed by the local laws. 27017 Article 9. It being the desire of the said Ottawas, in mak- 27018 ing this treaty, to 'insure, as far as possible, the settlement of 27019 their reservation by industrious whites, whose example shall be 27020 of benefit to the tribe at large, it is stipulated that after all the 27021 above-mentioned locations, assignments, and sales are made, 27022 the remainder of the land shall be sold to actual settlers at not 27023 less than $1.25 per acre, in the following manner : Any white 27024 person desiring to obtain any unsold, unlocated tract of the land, 27025 may file his proposition, in writing, with the agent of the Otta- 27026 was, for the purchase of the tract, stating the price whicli he 27027 proposes to pay for said tract, not less than $1.25 per acre, a 27028 copy of which proposition, as well as all others herein conteui- 27029 plated, shall be posted for thirty days, dating from the first 27030 posting at the agency, in some conspicuous place : and if no 27031 person will propose a better price therefor within thirty days 27032 next after the first posting, in which further proposition the first 27033 person may join, he, or such other person as shall have offered 27034 the best price, shall, upon the payment of one-quarter of the 27035 price offered, be taken and deemed the purchaser of said tract, 27036 and shall be entitled to a patent therefor from the United States 27037 at the end of one year, if he shall pay the remainder of the price 27038 offered, have occupied the land, and placed lasting and valuable 2/039 improvements upon said tract to the extent and value of two 27040 hundred dollars to each quarter section entered : Provided, That 27041. if said Ottawas, by their council, shall, at any time before any 27042 person sTiall become the purchaser of any tract of land, file their 27043 protest in writing against such purchaser, he shall nbt be per- 27044 mitted to enter upon said lands or become the purchaser thereof, 27045 and white persons not purchasers shall not be permitted to set- 605 27046 tie upon said lands, it being the duty of the agent to prevent 27047 such settlement, or their occupancy by the whites who are not 27048 purchasers, and only to the extent of their purchase : Andpro- 27049 vided, further, That if any purchaser shall fail to pay for the 27050 land by him purchased under this treaty at the time stipulated, 27051 it shall be the duty of the agent to dispossess him as an intruder 27052 upon the lands, and his advances, payments, and all his improve- 27053 ments shall enure to the benefit of the Ottawas, and the land 27054 shall be sold for their benefit, as herein provided. But no per- 27055 son under this article shall be entitled to enter more than 320 27056 acres. 27057 And all the lands which are not thus entered with the 27058 agent within two years from the ratification of this treaty may, 27059 upon the request of the council, be offered for sale at not less . 27060 than $1.25 per acre, upon a credit of one year, under the direction 27061 of the Secretary of the Interior ; and if any lands thereafter re- 27062 main unsold, they may be sold upon such terms as the council of 27063 said tribe and the Secretary of the Interior shall mutually agree 27064 upon. And all the moneys derived from the sales of the above- 27065 described lands shall be paid at the time and place where the 27066 Secretary of the Interior may direct. 27067 Article 10. And it is stipulated that the United States 27068 shall pay to the said Ottawas the claims for stolen ponies, cattle, 27069 and timber, already reported and approved by the Secretary of 27070 the Interior, amounting to $13,005 Jg^^. . And also other claims 27071 for damages within two years, or since the taking of testimony 27072 for the above-mentioned (Jamages, upon the presentation of sufft- 27073 cient proof: Provided, Such last-mentioned claims shall not ex- 27074 ceed $3,500. 27075 Article 11. It is hereby made the duty of the Indian De- 27076 partment to appoint an interpreter for said tribe, in the custom- 27077 arj" manner, to be continued during the pleasure of the Secretary 27078 of the Interior. And it is expressly understood tliat all expenses 27079 incurred by the stipulations of this treaty shall be paid out of 27080 the funds of the aforementioned tribe of Ottawas, and their an- 27081 nuities shall be paid semi-annually. 27082 Proclaimed July 28, 1862. 27083 OTTAWAS AND CHIPPEWAS. 27084 Articles of a treaty made and concluded at VArhre GrocJie and 27085 MicMlimacMnac, in the Territory of Michigan, between the 27086 United States of America, by their commissioner, Letvis Cass, 27087 and the Ottawa and Chippewa Nations of Indians. 27088 Article 1. The Ottawa and Chippewa Nations of Indians 27089 cede to the United States the Saint Martin Islands in Lake 606 27090 Huron, containing plaster of Paris, and to be located under the 27091 direction of the United States. 27092 Aeohcle 2. The Ottawa and Chippewa Nations of Indians 27093 acknowledge to have this day received a quantity of goods in 27094 full satisfaction of the above cession. 27095 Article 3. This treaty shall be obligatory on the contract- 27096 ing parties after the same shall be ratified by the President of 27097 the United States, by and with the advice and consent of the 27098 Senate thereof. 27099 Proclaimed March 8, 1821. 27100 Articles of a treaty made and concluded at the city of Washing- 27101 ton, in tlie District of Golunibia,'hetween Henry B. Schoolcraft, 27102 commissioner on the part of the United States, and the Ottawa 27103 and Chippewa Nations of Indians, by their chiefs and dele- 27104 gates. 27105 Akticle 1. The Ottawa and Chippewa Nations of Indians 27106 cede to the United States all the tract of country within the 27107 following boundaries : Beginning at the month of Grand Eiver 27108 of Lake Michigan, on the north bank thereof and following up 27109 the same to the line called for in the first article of the treaty 27110 of Chicago of the 29th of August, 1821 ; thence in a direct line 27111 to the head of Thunder-bay Eiver ; thence with the line estab- 27112 lished by the treaty of Saganaw of the 24th of September, 1819, 27113 to the mouth of said river; thence northeast to the boundary- 27114 line in Lake Huron between the United States and the British 27115 province of Upper Canada ; thence northwestwardly, following 27116 the said line, as established by the commissioners acting under 27117 the treaty of Ghent, through the straits, and Eiver St. Mary's, 27118 to a point in Lake Superior north of the mouth of Gitchy Seebing, 27119 or Chocolate Eiver ; thence south to the mouth of said river and 27120 up its channel to the source thereof ; thence in a direct line to 27121 the head of the Skonawba Eiver of Green Bay, thence down the 27122 south bank of said river to its mouth ; thence, in a direct line, 27123 through the ship-channel into Green Bay to the outer part 27124 thereof; thence south to a point in Lake Michigan west of the 27125 north cape, or entrance of Grand Eiver, and thence east to the 27126 place of beginning, at the cape aforesaid, comprehending all 27127 the lands and Islands, within these limits, not hereinafter re- 27128 served. 27129 Article 2. Prom the cession aforesaid the tribes reserve 27130 for their own use, to be held in common, the following tracts, 27131 namely: One tract of fifty thousand acres to be located on 27132 Little Traverse Bay ; one tract of twenty thousand acres to be 607 27133 located on the north shore of Grand Traverse Bay ; one tract of 27134 seventy thousand acres to be located on or north of the Pieire 27135 Marquetta Eiver ; one tract of one thousand acres to be located 27136 by Chingassanoo, or the Big Sail, on the Cheboigan ; one tract 27137 of one thousand acres to be located by Mujeekewis, on Thunder- 27138 bay Eiver. 27139 Article 3. There shall also be reserved for the use of the 27140 Chippewas living north of the straits of Michilimackinac, the 27141 following tracts, that is to say : Tvro tracts of three miles square 27142 each, on the north shores of the said straits, between Point-au- 27143 Barbe and Mille Goquin Eiver, including the fishing-grounds in 27144 front of such reservations, to be located by a council of the 27145 chiefs. The Beaver Islands of Lake Michigan for the use of the 27146 Beaver-Island Indians. Eound Island, opposite Michilimackinac, 27147 as a place of encampment for the Indians, to be under the charge 27148 of the Indian' Department. The islands of the Chenos, with a 27149 part of the adjacent north coast of Lake Huron, corresponding in 27150 length, and one mile in depth. Sugar Island, with its islets in 27151 the river of St. Mary's. Six hundred and forty acres at the 27152 mission of the Little Eapids. A. tract commencing at the mouth 27153 of the Pississowining Eiver, south of Point Iroquois ; thence 27154 running up said stream to its forks ; thence westward, in a direct 27153 line to the Eed Water Lakes ; thence across the portage to the 27156 Tacquimenon Eiver, and down the same to its mouth, including 27157 the small islands and fishing-grounds in front of this reservation. 27158 Six hundred and forty acres on Grand Island, and two thousand 27159 acres on the main land south of it. Two sections on the northern 27100 extremity of Green Bay, to be located by a council of the chiefs. 27161 All the locations left indefinite by this and the preceding articles 27162 shall be made by the proper chiefs, under the direction of thePres- 27163 ident. It is understood that the reservation for a place of flsh- 27164 ing and encampment, made under the [^ treaty of St. Mary's of 27165 the 16th of June, 1820, remains unaifected by this treaty. 27166 Aktiolb 4. In consideration of the foregoing cessions the 27167 United States engage to pay to the Ottawa and Chippewa Na- 27168 tions the following sums, namely: 1st. An annuity of thirty 27169 thousand dollars per annum, in specie, for twenty years ; eight- 27170 een thousand dollars, to be paid to the Indians between Grand 27171 Eiver and the Oheboigun ; three thousand six hundred dollars 27172 to the Indians on the Huron shore, between the Cheboigan and 27173 Thunder-bay Eiver ; and seven thousand four hundred dollars to 27174 the Chippewas north of the straits, as far as the cession extends ; 27175 the remaining one thousand dollars to be invested in stock by the 27176 Treasury Department, and to remain incapable of being sold, 27177 without the consent of the President and Senate, which may, 27178 however, be given after the expiration of twenty-one years. 2d. 608 27179 Five thousand dollars per annum, for the purposes of education, 27180 teachers, school-houses, and books in their own language, to be 27181 continued twenty years, and as long thereafter as Congress may 27182 appropriate for the object. 3d. Three thousand dollars for mis- 27183 sions, subject to the conditions mentioned in the second clause 27184 of this article. 4th. Ten thousand dollars for agricultural im- 27185 plements, cattle, mechanics' tools, and such other objects as the 27186 President may deem proper. 5th. Three hundred dollars per 27187 annum for vaccine matter, medicines, and the services of physi- 27188 cians, to be continued while the Indians remain on their reserva- 27189 tions. 6th. Provisions to the amount of two thousand dollars; 27190 six thousand five hundred pounds of tobacco ; one hundred bar- 27191 rels of salt, and five hundred fish-barrels, annually, for twenty 27192 years. 7th. One hundred and fifty thousand dollars, in goods 27193 and provisions, on the ratification of this treaty, to be delivered 27194 at Michilimackinac. 27195 Article 5. The sum of three hundred thousand dollars 27196 shall be set apart for the payment of just debts against the said 27197 Indians. All claims for such debts shall be examined by acorn - 27198 missioner to be appointed by the President and Senate, who 27199 shall act under such instructions as may be given to him, by the 27200 order of the President, for the purpose of preventing the allow- 27201 ance of unjust claims. The investigation shall be made at 27202 Michilimackinac, and no claims shall be allowed, except such as 27203 were contracted by Indians living within the district of country 27204 hereby ceded, and to citizens or residents of the United States. 27205 ISTo claim shall be paid out of this fund unless the claimant will 27206 receive the sum allowed to him as full payment of all debts due 27207 to him by the said Indians. If the fund fall short tjf the full 27208 amount of just debts, then a ratable division shall be made. If 27209 it exceed such amount the balance shall be paid over to the In- 27210 dians in the same manner that annuities are required by law to 27211 be paid. 27212 Aktiolb 6. The said Indians being desirous of making pro- 27213 visions for their half-breed relatives, and the President having 27214 determined that individual reservations shall not be granted, it 27215 is agreed that in lieu thereof the sum of one hundred and fifty 27216 thousand dollars shall be set apart as a fund for said half-breeds. 27217 No person shall be entitled to any part of said fund, unless he is 27218 of Indian descent and actually resident within the boundaries 27219 described in the first article of this treaty, nor shall anything be 27220 allowed to any such person who may have received any allow- 27221 ance at any previous Indian treaty. The following principles 27222 shall regulate the distribution. A census shall be taken of all 27223 the men, women, and children coming within this article. As 27224 the Indians hold in higher consideration some of their half- 609 27225 breeds thaa others, and as there is much differeuce in their ca- 27226 pacity to use and take care of property, and, consequently, in 27227 their power to aid their Indian connexions, which furnishes a 27228 strong ground for this claim, it is, therefore, agreed, that at the 27229 council to be held upon this subject the commissioner shall call 27230 upon the Indian chiefs to designate, if they require it, three 27231 classes of these claimants, the first of which shall receive one- 27232 half more than the second, and the second double the third. 27233 Bach man, woman, and child shall be enumerated, and an equal 27234 share, in the respective classes, shall be allowed to each. If the 27235 father is living with the family, he shall receive the shares of 27236 himself, his wife, and children. If the father is dead, or separated 27237 from the family, and the mother is living with the family, she 27238 shall have her own share, and that of the children. If the father 27239 and mother are neither living with the family, or if the children 27240 are orphans, their share shall be retained till they are twenty- 27241 one years of age ; provided, that such portions of it as may be 27242 necessary may, under the direction of the President, be from 27243 time to time applied for their support. All other persons at the 27244 age of twenty-one years shall receive their shares agreeably to 27245 the proper class. Out of the said fund of one hundred and fifty 27246 thousand dollars, the sum of five thousand dollars shall be re- 27247 served to be applied, under the direction of the President, to the 27248 support of such of the poor half-breeds as may require assist- 27249 ance, to be expended in annual instalments for the term of ten 27250 years, commencing with the second year. Such of the half-breeds 27251 as may be judged incapable of making a proper use of the monej" 27252 allowed them by the commissioner, shall receive the same in in- 27253 stalments, as the President may direct. 27254 Article 7. In consideration of the cessions above made, 27255 and as a further earnest of the disposition felt to do full justice 27256 to the Indians, and to further their well-being, the United States 27257 engage to keep two additional blacksmith -shops, one of which 27258 shall be located on the reservation north of Grand Eiver, and 27259 the other at the SauU iSte. Marie. A permanent interpreter will 27260 be provided at each of these locations. It is stipulated to 27261 renew the present dilapidated shop at Michilimackinac, and to 27262 maintain a gunsmith, in addition to the present smith's estab- 27263 lishment, and to build a dormitory for the Indians visiting the 27264 post, and appoint a person to keep it, and supply it with fire- 27265 wood. It is also agreed to support two farmers and assistants, 27266 and two mechanics, as the President may designate, to teach 27267 and aid the Indians in agriculture and the mechanic arts. The 27268 farmers and mechanics, and the dormitory, will be continued for 27269 ten years, and as long thereafter as the President may deem 27270 this arrangement useful and necessary ; but the benefits of the 77 IT 610 27271 other stipulations of this article shall be continued beyond the 27272 expiration of the annuities, and it is understood that the whole 27273 of this article shall stand in force, and inure to the benefit of the 27274 Indians, as long after the expiration of the twenty years as Con- 27275 gress may appropriate for the objects. 27276 Article 8. It is agreed that, as soon as the said Indians 27277 desire it, a deputation shall be sent to the west of the Missis- 27278 sippi, and to the country between Lake Superior and the Mis- 27279 sissippi, and a suitable location shall be provided for them, 27280 among the Ohippewas, if they desire it, and it can be purchased 27281 upon reasonable terms, and if not, then in some portion of the 27282 country west of the Mississippi which is at the disposal of the 27283 United States. Such improvements as add value to the land 27284 hereby ceded shall be appraised, and the amount paid to the 27285 proper Indian. But such payment shall in no case be assigned 27286 to, or paid to, a white man. If the church on the Cheboigan 27287 should fall within this cession, the value shall be paid to the band 27288 owning it. The mission establishment upon the Grand Eiver 27289 shall be appraised and the value paid to the proper boards. 27290 When the Indians wish it, the United States will remove them, 27291 at their expence, provide them a year's subsistence in the coun- 27292 try to which they go, and furnish the same articles and equip- 27293 ments to each person as are stipulated to be given to the Potto- 27294 watomies in the final treaty of cession concluded at Chicago. 27295 Article 9. Whereas tiie Ottawas and Chippewas, feeling 27296 a strong consideration for aid rendered by certain qf their half- 27297 breeds on Grand Eiver, and other parts of the country ceded, 27298 and wishing to testify their gratitude on the present occasion, 27299 have assigned such individuals certain locations of land, and 27300 united in a strong appeal for the allowance of the same in this 27301 treaty ; and whereas no such reservations can be permitted in 27302 carrying out the special directions of the President on this snb- 27303 ject, it is agreed tbat, in addition to the general fund set apart 27304 for half breed claims, in the sixth article, the sum of fortyeigbt 27305 thousand one hundred and forty-eight dollars shall be paid for 27306 the extinguishment of this class of claims, to be divided in the 27307 following manner : To Rix Eobinson, in lieu of a section of land, 27308 granted to his Indian family, on the Grand Eiver i-apids, (esti- 27309 mated by good judges to be worth half a million,) at the rate of 27310 thirty-six dollars an acre ; to Leonard Slater, in trust for Chim- 27311 inonoquat, for a section of land above said rapids, at the rate of 27312 ten dollars an acre ; to John A. Drew, for a tract of one section 27313 and three quarters, to his Indian fVimily, at Cheboigan rapids 27314 at the rate of four dollars ; to Edward Biddle, for one section to 27315 his Indian family at the fishing-grounds, at the rate of three 27316 dollars ; to John Holiday, for five sections of land to five per- 611 27317 sons of his Indian family, at the rate of one dollar and twenty- 27318 five cents; to Eliza Cook, Sophia Biddle, and Mary Holiday, 27319 one section of land each, at two dollars and fifty cents ; to 27320 Augustin Hamelin, junr., being of Indian descent, two sec- 27321 tions, at one dollar and twenty-five cents; to William Lasley, 27322 Joseph Daily, Joseph Trotier, Henry A. Levake, for two sections 27323 each for their Indian families, at one dollar and twenty-five 27324 cents ; to Luther Eice, Joseph Lafrombois, Charles Butterfleld, 27325 being of Indian descent, and to George Moran, Louis Moran, 27326 G. D. Williams, for half-breed children under their care, and to 27327 Daniel Marsac, for his Indian child, one section each, at one 27328 dollar and twenty-five cents. 27329 Article 10. The sutn of thirty thousand dollars shall be 27330 paid to the chiefs, on the ratification of this treaty, to be divided 27331 agreeably to a schedule hereunto annexed. 27332 Article 11. The Ottaways having consideration for one of 27333 their aged chiefs, who is reduced to poverty, and it being known 27334 that he was a firm friend of the American Government, in that 27335 quarter, during the late war, and suffered much in consequence 27336 of his sentiments, it is agreed that an annuity of one hundred 27337 dollars per annum shall be paid to Ningweegon, or the Wing, 27338 during his natural life, in money or goods, as he may choose. 27339 Another of the chiefs of said nation, who attended the treaty of 27340 Greenville in 1793, and is now, at a very advanced age, reduced 27341 to extreme want, together with his wife, and the Government 27342 being apprized that he has pleaded a promise of Gen. Wayne 27343 in his behalf, it is agreed that Chusco of Michilimackinac shall 27344 receive an annuity of fifty dollars per annum during his natural 27345 life. 27346 Article 12. All expenses attending the journies of the 27347 Indians from and to their homes, and their visit at the seat of 27348 Government, together with the expenses of the treaty, including 27349 a proper quantity of clothing to be given them, will be paid by 27350 the United States. 27351 Article 13. The Indians stipulate for the right of hunting 27352 on the lands ceded, with the other usual privileges of occupancy, 27353 until the land is required for settlement. 27354 Proclaimed May 27, 1836. 27355 Schedule referred to in the tenth article. 27356 1. The following chiefs constitute the first class, and are 27357 entitled to receive five hundred dollars each, namely : On Grand 27358 Eiver, Muccutay Osha, Namatippy, Nawequa Geezhig or N"oon 27359 Day, Nabun Egeezhig, son of Kewayguabowequa, Wabi Wind' 27360 ego or the White Giant, Oawpemossay or the Walker, Mukutay 27361 Oquot or Black Cloud, Megis Ininee or Wampum-man, Winni- 612 27362 missagee ; on the Maskigo, Osawya, and Owun Aischcum ; at 27363 L'Arbre Groche, Apawkozigun, or Smoking Weed, Nisowakeout, 27304 Keminechawgun ; at Grand Travers, Aishquagonabee, or the 27365 Feather of Honor, Ohabwossun, Mikenok ; on the Gheboigan, 27366 Ghingassamo, or the Big Sail ; at Thunder Bay, Mujeekiwiss ; 27367 on the Manistic North, Mukons Ewyan ; at Oak Point on the 27368 straits, Ains ; at the Ghenos, Ghaboway wa ; at Sault Ste. Marie, 27369 lawba Wadick and Kewayzi Shawano ; at Tacquimenon, Kaw- 27370 gayosh; at Grand Island, Oshawnn Epenaysee, or the South 27371 Bird, 27372 2. The following chiefs constitute the second class, and are 27373 entitled to receive two hundred dollars each, namely : On Grand 27374 Eiver, Keeshaowash, Nugogikaybee, Kewaytowaby, Wapoos or 27375 the Babbit, Wabitouguaysay, Kewatondo, Zhaquinaw, Nawiqua 27376 Geezhig of Flat Eiver, Kenaytinunk, Weenonga, Pabawboco, 27377 Windecowiss, Muccutay Penay or Black Patridge, Kaynotin 27378 Aishcum, Boynashing, Shagwabeno, son of White Giant, Tush- 27379 etowun, Keway Gooshcum, the former head chief, Pamossayga; 27380 at L'Arbre Groche, Sagitondowa, Ogiman Wininee, Megisawba, 27381 Mukuday Beuais ; at the Cross, Nishcajininee, Nawamushcota, 27382 Pabamitabi, Kimmewun, Gitchy Mocoman ; at Grand Traverse, 27383 Akosa, Nebauquaum, Kabibonocca; at Little Traverse, Misco- 27384 mamaingwa or Eed Butterfly, Keezbigo Benais, Pamanikinong, 27385 Paimossega ; on the Gheboigan, Ghonees, or Little John, Shaw- 27386 eenossegay ; on Thunder Bay, Suganikwato ; on Maskigo, Was- 27387 saugazo ; on Ossigomico or Platte Eiver, Kaigwaidosay ; at 27388 Manistee, Keway Gooshcum ; on river Pierre Markette, Saugima ; 27389 at Saulte Ste. Marie, ISTeegaubayuu, Mukuday wacquot, Gheegud ; 27390 at Garp Eiver west of Grand Island, Kaug Wyanais; at Mille 27391 Cocquin on the straits, Aubunway : at Michilimackinac, Missu- 27392 tigo, Saganosh, Akkukogeesh, Chebyawboas. 27393 3. The following i^ersons constitute the third class, and are 27394 entitled to one hundred dollars each, namely ; Kayshewa, Pen- 27395 asee or Gun Lake, Kenisoway, Keenabie of Grand Eiver ; Wasso, 27396 Mosaniko, Unwatin Oashcum, Nayogirna, Itawachkochi, ISTanaw 27397 Ogomoo, Gitchy, Peendowanor Scabbard, Mukons, Kinochimaig, 27398 Tekamosimo, Pewaywitum, Mudji Keguabi, Kewayaum, Paush- 27399 kizigunorBigGun, Onaausino, Ashquabaywiss,Negauuigabowi, 27400 Petossegay, of L'Arbre Groche ; Poiees or D warf and Pamossay 27401 of Gheboigan ; Gitchy Ganocquot and Pamossegay of Thunder 27402 Bay ; Tabusshy Geeshick and Mikenok, of Garp Eiver south of 27403 Grand Traverse ; Wapooso, Kaubinau, and Mudjeekee of river 27404 Pierre Markuette ; Pubokway, Manitowaba, and Mishewatig, of 27405 White Eiver ; Shawun ;E5penaysee and Agausgee of Grand Trav- 27406 erse; Micqumisut, Ghusco of Mackinac ; Keeshkidjiwun, Waub 27407 Ojeeg, Aukudo, Winikis, Jaubeens, Maidosagee, Autya, Ishqua- 613 27408 gunaby, Shaniwaygwunabi, son of Kakakee, Nittum Egabowi, 27409 Magisanikway, Ketekewegauboway, of Sault Ste. Marie ; Che- 27410 gauzehe and Waubudo of Grand Island ; Ashegons, Kinuwais, 27411 Misquaonaby and Mongons of Carp and Chocolate Ei vers; Gitchy 27412 Penaisson of Grosse Tete, and Waubissaig of Bay de Nocquet : 27413 Kainwaybekls and Pazbikwaywitum of Beaver Islands ; Neez- 27414 hick Epenais of the Ance ; Ahdanima of Manistic ; Mukwyou, 27415 Wahzahkoon, Oshawun, Oneshannocqut of the north shore of 27416 Lake Michigan ; Nagauniby and Keway Gooshkum of the 27417 Chenos. 27418 TIBNEY E. SCHOOLCEAFT, 27419 Commissioner. 27420 Supplemental article. 27421 To guard against misconstruction in some of the foregoing 27422 provisions, and to secure, by further limitations, the just rights 27423 of tlie Indians, it is hereby agreed that no claims under the 27424 fifth article shall be allowed for any debts contracted previous 27425 to the late war with Great Britain, or for goods supplied by for- 27426 eigners to said Indians, or by citizens, who did not withdraw 27427 from the country during its temporary occupancy by foreign 27428 troops, for any trade carried on by such persons during the said 27429 period. And it is also agreed that no person receiving any 27430 commutation for a reservation, or any portion of the fund pro- 27431 vided by the sixth article of"this treaty, shall be entitled to the 27432 benefit of any part of the annuities herein stipulated. Nor shall 27433 any of the half-breeds, or blood relatives of the said tribes com- 27434 muted with, under the provisions of the ninth article, have any 27435 further claim on the general commutation fund set apart to sat- 27436 isfy reservation claims, in the said sixth article. It is also un- 27437 derstood that the personal annuities stipulated in the eleventh 27438 article shall be paid in specie, in the same manner that other 27439 annuities are paid. Any excess of the funds set apart in the 27440 fifth and sixth articles shall, in lieu of being paid to the Indians, 27441 be retained and invested by the Government in stock under tbe 27442 conditions mentioned in the fourth article of this treaty. 27443 Franklin Pierce, President of the United States of America, 27444 to all persons to whom these presents shall come, greeting : 27445 Whereas a treaty was made and concluded at the city of 27446 Detroit, in the State of Michigan, on the thirty-first day of July, 27447 eighteen hundred and fifty five, between George W. Many penny 27448 and Henry 0. Gilbert, commissioners on the part of the United 27449 States, and the Ottowa and Chippewa Indians of Michigan, 27450 parties to the treaty of March twenty-eighth, eighteen hundred 27451 and thirty-six, which treaty is in the words and figures follow- 27452 ing, to wit: 614 27453 Articles of agreement aud convention made and concluded at 27454 the city of Detroit, in the State of Michigan, this the thirty- 27455 first day of Jaly, one thousand eight hundred and fifty-five, 27456 between George W. Manypenny and Henry C. Gilbert, 27457 commissioners on the part of the United States, and the 27458 Ottowa and Chippewa Indians of Michigan, parties to the 27459 treaty of March 28, 1836. 27460 In view of the existing condition of the Ottowas and Chip- 27461 pewas, and of their legal and equitable claims against the 27462 United States, it is agreed between the contracting parties as 27463 follows: 27464 Aetiole 1. The United States will withdraw from sale for 27465 the benefit of said Indians as hereinafter provided, all the un- 27466 sold public lands within the State of Midhigan embraced in the 27467 following descriptions, to wit : 27468 First. For the use of the six bands residing at and near 27469 Sault Ste. Marie, sections 13, 14, 23, 24, 25, 26, 27, and 28, in 27470 township 47 north, range 5 west; sections 18, 19, and 30, in 27471 township 47 north, range 4 west, ; sections 11, 12, 13, 14, 15, 22, 27472 23, 25, and 26, in township 47 north, range 3 west, and section 27473 29 in township 47 north, range 2 west; sections 2, 3, 4, 11, 14, 27474 and 15 in township 47 north, range 2 east; and section 34 in 27475 township 48 north, range 2 east ; sections 6, 7, 18, 19, 20, 28, 29, 27476 and 33 in township 45 north, range 2 east; sections 1, 12, and 27477 13, in township 45 north, range 1 east, and section 4 in township 27478 44 north, range 2 east. 27479 Second. For the use of the bands who wish to reside east of 27480 the Straits of Macinac, townships 42 north, ranges 1 and 2 west ; 27481 township 43 north, range 1 west, and township 44 north, range 27482 12 west. 27483 Third. For the Beaver Island Baud, High Island, aud Gar- 27484 den Island, in Lake Michigan, being fractional townships 38 and 27485 39 north, range 11 west, 40 north, range 10 west, and in part 39 27486 north, range 9 and 10 west. 27487 Fourth. For the Cross Village, Middle Village, L'Arbrech- 27488 roche and Bear Creek bands, and of such Bay du Noc and Bea- 27489 ver Island Indians as may prefer to live with them, townsTiips 27490 34 to 39, inclusive, north, range 5 west, townships 34 to 38, inclu- 27491 sive, north, range 6 west, townships 34, 36, and 37 north, range 27492 7 west, and all that part of township 34 north, range 8 west, 27493 lying north of Pine Eiver. 27494 Fifth. For the bands who usually assemble for payment at 27495 Grand Traverse, townships 29, 30, and 31 north, range 11 west, 27496 and townships 29, 30, and 31 north, range 12 west, and the east 27497 half of township 29 north, range 9 west. 27498 Sixth. For the Grand River bands, township 12 north 615 27499 range 15 west, and townships 15, 16, 17 and 18 north, range 16 27500 west. 27501 Seventh. For the Cheboygan band, townships 35 and 36 27502 north, range 3 west. 27503 Eighth. For the Thunder Bay band, section 25 and 36 in 27504 township 30 north, range 7 east, and section 22 in township 30 27505 north, range 8 east. 27506 Should either of the bands residing near Sault Ste. Marie 27507 determine to locate near the lands owned by the missionary 27608 society of the Methodist Episcopal Church at Iroquois Point, in 27509 addition to those who now reside there, it is agreed that the 27510 United States will purchase as much of said lands for the use of 27511 the Indians as the society may be willing to sell at the usual 27512 Government price. 27513 The United States will give to each Ottowa and Chippewa 27514 Indian, being the head of a family, 80 acres of land, and to each 27515 single person over twenty-one years of age, 40 acres of land, and 27516 to each family of orphan children under twenty-one years of age 27517 containing two or more persons, 80 acres of land, and to each 27518 single orphan, child under twenty-one years of age, 40 acres of 27519 land, to be selected and located within the several tracts of laud 27520 hereinbefore described, under the following rules and regu- 27521 lations : 27522 Each Indian entitled to laud under this article may make 27523 his own selection of any land within the tract reserved herein for 27524 the band to which he may belong : Provided, That in case of 27525 two or more Indians claiming the same lot or tract of land, the 27526 matter shall be referred to the Indian agent, who shall examine 27527 the case and decide between the parties. 27528 For the purpose of determining who may be entitled to land 27529 under the provisions of this article, lists shall be prepared by 27530 the Indian agent, which lists shall contain the names of all 27531 persons entitled, designating them in four classes. Class 1st, 27532 shall contain the names of heads of families; class 2d, the 27533 names of single persons over twenty-one years of age; class 3d, 27534 the names of orphan children under twenty one years of age, 2753,5 comprising families of two or more persons, and class 4th, the 27536 names of single orphan children under twenty-one years of age, 27537 and no person shall be entered in more than one class. Such 27538 lists shall be made and closed by the first day of July, 1856, and 27539 thereafter no applications for the benefits of this article will be 27540 allowed. 27541 At any time within five years after the completion of the 27542 lists, selections of lands may be made by the persons entitled 27543 thereto, and a notice thereof, with a description of the land 27544 selected, filed in the offlce of the Indian agent in Detroit, to be 616 27645 by him transmitted to the Office of Indian Affairs at Washing- 27546 ton City. 27547 All sections of land under this article must be made accord- 27548 ing to the usual legal subdivisions ; and fractional lots, if con- 27649 taining less than 60 acres, may be regarded as forty-acre lots, 27550 if over sixty and less than one hundred and twenty acres, as 27551 eighty-acre lots. Selections for orphan children may be made 27552 by themselves or their friends, subject to the approval of the 27553 agent. 27654 After selections are made, as herein provided, the persons 27555 entitled to the land may take immediate possession thereof, and 27556 the United States will thenceforth, and until the issuing of pat- 27557 ents as hereinafter provided, hold the same in trust for such per- 27558 sons, and certificates shall be issued, in a suitable'form, guaran- 27559 teeing and securing to the holders their possession and an ulti- 27560 mate title to the land. But such certificates shall not be assign- 27561 able, and shall contain a clause expressly prohibiting the sale or 27562 transfer by the holder of the land described therein. 27563 After the expiration of ten years, such restriction on the 27664 power of sale shall be withdrawn, and a patent shall be issued 27665 in the usual form to each original holder of a certificate for the 27566 land described therein: Provided, That such restriction shall 27567 cease only upon the actual issuing of the patent: And provided 27568 further, That the President may, in his discretion^ at any time, 27569 in individual cases, on the recommendation of the Indian agent, 27570 Avhen it shall appear prudent and for the welfare of any holder 27571 of a certificate, direct a patent to be issued: And provided, also, 21512 That after the expiration of ten years, if individual cases shall 27573 be reported to the President by the Indian agent of persons who 27574 may then be incapable of managing their own affairs, from any 27576 reason whatever, he may direct the patents in such cases to be 27576 withheld, and tbe restrictions provided by the certificate con- 27577 tinned so long as he may deem necessary and proper. 27578 Should any of the heads of families die before the issuing 27579 of the certificates or patents herein provided for, the same shall 27580 issue to the heirs of such deceased persons. 27581 The benefits of this article will, be extended only to those 27582 Indians who are at this time actual residents of the State of 27583 Michigan, and entitled to i)articipate in the annuities provided 27584 by the treaty of March 28, 1836, (next preceding;) but this pro- 27585 vision shall not be construed to exclude any Indian now belong- 27586 ing to the Garden liiver baud of Sault Ste. Marie. 27587 All the land embraced within the tracts hereinbefore de- 27588 scribed that shall not have been appropriated or selected within 27589 five years shall remain the property of the United States, and 27590 the same shall thereafter, f(ir the further term of five years, be 617 27591 subject to entry iu the usual manner, and at the same rate per 27592 acre, as other adjacent public lands are then held, by Indians 27593 only; and all lands so purchased by Indians shall be sold with- 27594 out restriction, and certificates and patents shall be issued for 27595 the same in the usual form as in ordinary cases; and all lands 27596 remaining unappropriated by or unsold to the Indians after the 27597 expiration of the last-mentioned term may be sold or disposed 27598 of by the United States, as in the case of all other public lands. 27599 Nothing contained herein shall be so construed as to prevent 27600 the appropriation, by sale, gift, or otherwise, by the United 27601 States, of any tract or tracts of land within the aforesaid reser- 27602 vations for the location of churches, school-houses, or for other 27603 educational purposes, and for such purposes purchases of land 27604 may likewise be made from the Indians, the consent of the Presi- 27605 dent of the United States having in every instance first been 27606 obtained therefor. 27607 It is also agreed that any lands within the aforesaid tracts 27608 now occupied by actual settlers, or by persons entitled to pre- 27609 emption thereon, shall be exempt from the provisions of this 27610 article ; provided, that such pre-emption claims shall be proved, 27611 as prescribed by law, before the 1st day of October next. 27612 Any Indian who may have heretofore purchased land for 27613 actual settlement, under the act of Congress known as the Grad- 27614 nation Act, may sell and dispose of the same; and, in such case, 27615 no actual occupancy or residence by such Indians on lands so 27616 purchased shall be necessary to enable him to secure a title 27617 thereto. 27618 In consideration of the benefits derived to the Indians on 27619 Grand Traverse Bay by the school and mission established in 27620 1838, and still continued by the Board of Foreign Missions of the 27621 Presbyterian Church, it is agreed that the title to three separate 27622 pieces of land, being parts of tracts Nos. 3 and 4, of the west 27623 fractional half of section 35, township 30 north, range 10 west, 27624 on which are the mission and school buildings and improvements, 27625 not exceeding in all sixty-three acres one hundred and twenty- 27626 four perches, shall be vested in the said board on payment of 27627 $1.25 per acre; and the President of the United States shall 27628 issue a patent for the same to such person as the said board shall 27629 appoint. 27630 The United States will also pay the further sum of forty 27631 thousand dollars, or so much thereof as may be necessary, to be 27632 applied in liquidation of the present just indebtedness of the 27633 said Ottawa and Chippewa Indians; provided, that all claims 27634 presented shall be investigated under the direction of the Secre- 27635 tary of the Interior, who shall prescribe such rules and regulations 27636 for conducting such investigation, and for testing the validity 78 I T 618 27637 and justness of the claims, as he shall deem suitable and proper ; 27638 and no claim shall be paid except upon the certificate of the said 27639 Secretary that, in his opinion, the same is justly and equitably 27640 due; and all claimants, who shall not present their claims within 27641 such time as may be limited by said Secretary within six months 27642 from the ratification of the treaty, or whose claims, having been 27643 presented, shall be disallowed by him, shall be forever precluded 27644 from collecting the same, or maintaining an action thereon in 27645 any court whatever; and provided, also, that no portion of the 27646 money due said Indians for annuities, as herein provided, shall 27647 ever be appropriated to pay their debts under any pretence 27648 whatever; provided, that the balance of the amount herein 27649 allowed, as a just increase of the amount due for the cessions 27650 and relinquishments aforesaid, after satisfaction of the awards 27651 of the Secretary of the Interior, shall be paid to the said Ohip- 27652 pewas, or expended for their benefit, in such manner as the Sec- 27653 retary shall prescribe, in aid of any of the objects specified in 27654 the second article of this treaty. 27655 Article 2. The United States will also pay to the said 27656 Indians the sum of five hundred and thirty-eight thousand and 27657 four hundred dollars, in manner following, to wit : 27658 First. Eighty thousand dollars for educational purposes, to 27659 be paid in ten equal annual instalments of eight thousand dol- 27660 lars each, which sum shall be expended under the direction of 27661 the President of the United States ; and in the expenditure of 27662 the same, and the appointment of teachers and management of 27663 schools, the Indians shall be consulted, and their views and 27664 wishes adopted so far as they may be just and reasonable. 27665 Second. Seventy-five thousand dollars to be paid in five 27666 equal annual instalments of fifteen thousand dollars each in ag- 27667 ricultural implements and carpenters''tools, household furniture, 27668 and building materials, cattle, labor, and all such articles as may 27669 be necessary and useful for them in removing to the homes 27670 herein provided and getting permanently settled thereon. 27671 , Third. Forty-two thousand and four hundred dollars for the 27672 support of four blaeksmith-shOps for ten years. 27673 Fourth. The sum of three hundred and six thousand dol- 27674 lars in coin, as follows : ten thousand dollars of the principal, 27675 and the interest on the whole of said last-mentioned sum remain- 27676 ing unpaid at the rate of five per cent, annually for ten years, 27677 to be distributed ;per cttipita in the usual manner for paying an- 27678 unities. And the sum of two hundred and six thousand dollars 27679 remaining unpaid at the expiration of ten years shall be then 27680 due and payable, and if the Indians then require the payment 27681 of said sum in coin the same shall be distributed per capita in 619 27682 the same manner as annuities are paid, and in not less than four 27683 equal annual instalments. 27684 Fifth. The sum of thirty-five thousand dollars in ten annual 27685 instalments of three thousand and five hundred dollars each, to 27686 be paid only to the Grand Eiver Ottawas, which is in lieu of all 27687 permanent annuities to which they may be entitled by former 27688 treaty stipulations, and which sum shall be distributed in the 27689 usual manner jjer capita. 27690 Article 3. The Ottawa aud Chippewa Indians hereby re- 27691 lease and discharge the United States from all liability on ac- 27692 count of former treaty stipulations, it being distinctly under- 27693 stood and agreed that the grants and payments hereinbefore 27694 provided for are in lieu and satisfaction of all claims, legal and 127695 equitable, on the partof said Indians jointly and severally against 27696 the United^ States, for land, money, or other thing guaranteed 27697 to said tribes or either of them by the stipulations of any for- 27698 mer treaty or treaties ; excepting, however, the right of fishing 27699 and encampment secured to the Chippewas of Sault Ste. Marie 27700 by tl;ie treaty of June 16, 1820, (proclaimed March 2, 1821 ; 27701 see pp. 143-144.) 27702 Article 4. The interpreters at Sault Ste. Marie, IVIacl^inac, 27703 and for the Grand Eiver Indians shall be continued, and an 27704 other provided at Grand Traverse, for the term of five years 27705 and as much longer as the President may deem necessary. 27706 Article 5. The tribal organization of said Ottawa and 27707 Chippewa Indians, except so far as may be necessary for the 27708 purpose of carrying into effect the provisions of this agreement, 27709 is hereby dissolved ; and if at any time hereafter further nego- 27710 tiations with the United States in reference to any matters con- 27711 tained herein should become necessary, no general convention 27712 of the Indians shall be called ; but such as reside in the vicinity 27713 of any usual place of payment, or those only who are immedi- 27714 ately interested in the questions involved, may arrange all mat- 27715 ters between themselves and the United States without the con- 27716 currence of other portions of their people, and as fully and con. 27717 clusively, and with the same effect in every respect, as if all were 27718 represented. 27719 Article 6. This agreement shall be obligatory and binding 27720 on the contracting parties as soon as the same shall he ratified 27721 by the President and Senate of the United States. 27722 Proclaimed September 10, 1856. 620 27723 ONEIDAS, TUSCAEOEAS, AND STOOKBEIDGES. 27724 A treaty between the United States and the Oneida, Tuscorora, and 27725 Stoclcbridge Indians, dwelling in the country of the Oneidas. 27726 Whereas in the late war between Great Britain and the 27727 United States of America, a body of the Oneida and Tascorora 27728 and the Stockbridge Indians adhered faithfully to the United 27729 States and assisted them with their warriors ; and in conse- 27730 quence of this adherence and assistance the Oneidas and Tus- 27731 cororas, at an unfortunate period of the war, were driven from 27732 their homes, and their houses were burnt and their property de- 27733 stroyed ; and as the United States, in the time of their distress, 27734 acknowledged their obligations to .these faithful friends, and 27735 promised to reward them ; and the United States being now in 27736 a condition to fulfill the promises then made, the following ar- 27737 tides are stipulated by the respective parties for that purpose ; 27738 to be in force when ratified by the President and Senate. 27739 Akticle 1. The United States will pay the sum of five 27740 thousand dollars, to be distributed among individuals of the 27741 Oneida and Tuscorora Nations, as a compensation for their in 27742 dividual losses and services during the late war between Great 27743 Britain and the United States. The only man of the Kaughna- 27744 waugas now remaining in the Oneida country, as well as some 27745 few very meritorious persons of the Stockbridge Indians, will 27746 be considered in the distribution. 27747 Article 2. For the general accommodation of these Indian 27748 nations residing in the country of the Oneidas, the United States 27749 will cause to be erected a complete grist-mill and saw-mill, in a 27750 situation to serve the present principal settlements of these na- 27751 tions. Or if such one convenient situation cannot be found, 27752 then the United States will cause to be erected two such grist- 27753 mills and saw-mills in places where it is now known the pro- 27754 posed accommodation may be effected. Of this the United 27755 States will judge. 27756 Article 3. The United States will provide, during three 27757 years after the mills shall be completed, for the expense of em- 27758 ploying one or two suitable persons to manage the mills, to keep 27759 them in repair, to instruct some young men of the three nations 27760 in the arts of the miller and sawyer, and to provide teams and 27761 utensils for carrying on the work of the mills. 27762 Article 4. The United States will pay one thousand dol- 27763 lars, to be applied in building a convenient church at Oneida, 27764 in the place of the one which was there burnt by the enemy in 27765 the late war. 27766 Article 5. In consideration of the above stipulations to 621 27767 be performed on the part of the United States, the Oneida, Tus- 27768 corora, and Stoctbridge Indians aforementioned now acknowl- 27769 edge themselves satisfied, and relinquish all other claims of com- 27770 pensation and rewards for their losses and services in the late 27771 war, excepting only the unsatisfied claims of such men of the 27772 said nations as bore commissions under the United States for 27773 any arrears which may be due to them as officers. 27774 Proclaimed January 21, 1795. 27775 ONBIDAS— FIRST CHRISTIAN AND ORCHARD PAR- 27776 TIES. 27777 Articles of a treaty made at the city of Washington between Carey 27778 A. Harris, thereto specially directed by the President of the 27779 United States, and the First Christian and Orchard parties of 27780 the Oneida Indians residing at Green Bay, by their chiefs and 27781 representatives. 27782 Article 1. The First Christian and Orchard parties of In- 27783 dians cede to the United States all their title and interest in the 27784 land set apart for them in the 1st article of the treaty with the 27785 Menomonies of February 8th, 1831, (proclaimed July 9, 1832 ; 27786 see page 469,) and the 2d article of the treaty with the same 27787 tribe of October 27th, 1832, (proclaimed March 13, 1833; see 27788 page 479.) 27789 Article 2, From the foregoing cession there shall be re- 27790 served to the said Indians, to be held as other Indian lands are 27791 held, a tract of land containing one hundred (100) acres, for each 27792 individual, and the lines of which shall be so run as to include 27793 all their settlements and improvements in the vicinity of Green 27794 Bay. 27795 Article 3. In consideration of the cession contained in the 27796 1st article of this treaty, the United States agree to pay to the 27797 Orchard party of the Oneida Indians three thousand (3,000) dol- 27798 lars, and to the First Christian party of Oneida Indians thirty 27799 thousand five hundred (30,500) dollars, of which last sum three 27800 thousand (3,000) dollars may be expended under the supervision 27801 of the Rev. Solomon Davis, in the erection of a church and par- 27802 sonage house, and the residue apportioned, under the direction 27803 of the President, among the persons having just claims thereto ; 27804 it being understood that said aggregate sum of thirty-three 27805 thousand five hundred (33,600) dollars is designed to be in re-im- 27806 bursement of monies expended by said Indians and in remunera- 27807 tion of the services of their chiefs and agents in purchasing and 27808 securing a title to the land ceded in the 1st article. The United 622 27809 States farther agree to cause the tracts reserved iu the 2d article 27810 to be surveyed as soon as practicable. 27811 Article 4. In consideration of the sum pf five hundred 27812 (500) dollars to be paid to him by the chiefs mi representatiyes 27813 of the said parties of Oneida Indians, John Denny, {alias John 27814 Sundown,) their interpreter, agrees to relinquish to tbeio a-ll his 27815 title and interest in the tr3,ct reserve^ iw the 2d article of this 27816 treaty. 27817 Article 5, It is understood and agreed that the expenses 27818 of this treaty and of the chiefs and representatives signing it, 27819 in coming to and returning from this city, and while here, shall 27820 be paid by the United States. 27821 Article 6. This treaty to be binding upon the contracting 27822 parties when the same shall be ratified by the United States. 27823 ProQlaimed May 17, 1828. 27824 OREGON MIDDLE— TRIBES AND BANDS OF INDIANS 27825 OP. 27826 Treaty between the United States and the confederated tribes and 27827 bands of Indians in Middle Oregon, concluded at Wasco, in 27828 Oregon Territory, June 25, 1855; ratified by the Senate March 27829 8, 1859. 27830 James Buchanan, President of the United States of America, 27831 to all and singular to whom these present shall come, greet- 27832 ing: 27833 Whereas a treaty was made and concluded at Wasco, near 27834 the Dalles of the Columbia River, in Oregon Territory, on the 27835 twenty-fifth day of June, eighteen hundred and fifty -five, be- 27836 tween Joel Palmer, superintendent of Indian affairs for the said 27837 Territory, on the part of the United States, and the following - 27838 named chiefs and head-men of the confederated tribes and bands 27839 of Indians residing in Middle Oregon, they being authorized 27840 thereto by their respective bands, to wit : Symtustus, Locks- 27841 quis-sa, Shick-ame, and Kuck-up, chiefs of the Ta-ih or Upper 27842 De Chutes band of Walla-Wallas ; Stocket-ly and Iso, chiefs of 27843 Wyam or Lower De Chutes band of Walla- Wallas ; Alexis and 27844 Talk-ish, chiefs of the Tenino band of Walla- WaUs ; Yise, chief 27845 of the Dock-spus or John Day's River band of Walla- Wallas ; 27846 Mark, William Ohenook, and Cush-Kella, chiefs of the Dalles 27847 band of the Wascoes; Toh-simph, chief of the Ki-gal-twal-la 27848 band of the Wascoes, a-nd Wad-lu-chiq, chie^ of tbe Dog Eiver 27849 band of the Wascoes ; which treaty is in the words and figures 27850 following, to wit : 623 27851 Articles of agreement and convention made and concluded at 27852 Wasco, near the Dalles of the Columbia Eiver, in Oregon 27853 Territory, by Joel Palmer, superintendent of Indian affairs, 27854 ' on the part of the United States, and the following-named 27855 chiefs and head-men of the confederated tribes and bands 27856 of Indians residing in Middle Oregon, they being duly 27857 authorized thereto by their respective bands, to wit, Sym- 27858 tustus, Locts-quis-sa, Shick-a-me, and Kuck-up, chiefs of 27859 of the Taih or Upper De Chutes band of Walla- Wallas ; 27860 Stocket-ly and Iso, chiefs of the Wyam or Lower De Chutes 27861 band of Walla- Wallas; Alexis and Talkish, chiefs of the 27862 Tenino band of Walla- Wallas ; Yise, chief of the Dock-spus 27863 or John Day's River band of Walla- Wallas ; Mark, William 27864 Chenook, and Cush-Kella, chiefs of the Dalles band of the 27865 Wascoes; Toh-simph, chief of the Ki-gal-twal-la band of 27866 Wascoes ; and Wal-la-chin, chief of the Dog Eiver band of 27867 Wascoes. 27868 Article 1. The above-named confederated bands of Indians 27869 cede to the United States all their right, title, and claim to all 27870 and every part of the country claimed by them, included in the 27871 following boundaries, to wit : 27872 Commencing in the middle of the Columbia Eiver, at the 27873 Cascade Falls, and running thence southerly to the summit of 27874 the Cascade Mountains; thence along said summit to the forty- 27875 fourth parallel of north latitude; thence east on that parallel to 27876 the summit of the Blue Mountains, or the western boundary of the 27877 Sho-sho-ne or Snake country ; thence northerly along that sum- 27878 mit to a point due east from the head-waters of Willow Creek ; 27879 thence west to the head-waters of said creek ; thence down said 27880 stream to its junction with the Columbia Eiver; and thence 27881 down the channel of the Columbia Eiver to the place of begin- 27882 ning : Provided, however, That so much of the country described 27883 above as is contained in the following boundaries shall, until 27884 otherwise directed by the President of the United States, be set 27885 apart as a residence for said Indians, which tract for the pur- 27886 poses contemplated shall be held and regarded as an Indian 27887 reservation, to wit : 27888 Commencing in the middle of the channel of the De Chutes 27889 Eiver, opposite the eastern termination of a range of high lands 27890 usually know as the Mutton Mountains ; thence westerly to the 27891 summit of said range, along the divide to its connection with 27892 the Cascade Mountains ; thence to the summit of said mount- 27893 ains ; thence southerly to Mount Jefferson ; thence down the 27894 main branch of De Chutes Eiver ; heading in this peak to its 27895 junction with De Chutes Eriver; and thence down the middle 27896 of the channel of said river to the place of beginning. All of 624 27897 which tract shall be set apart, and, so far as necessary, surveyed 27898 and marked out for their exclusive use ; nor shall any white per- 27899 son be permitted to reside upon the same without the concur- 27900 rent permission of the agent and superintendent. 27901 The said bands and tribes agree to remove to and settle 27902 upon the same within one year after the ratification of this 27903 treaty, without any additional expense to the United States 27904 other than is provided for by this treaty ; and, until the expira- 27905 tion of the time specified, the said bands shall be permitted to 27906 occupy and reside npon the tracts now possessed by them, guar- 27907 anteeing to all white citizens the right to enter upon and occupy 27908 as settlers any lands not included in said reservation, and not 27909 actually inclosed by said Indians. Provided, however, That prior 27910 to the removal of said Indians to said reservation, and before 27911 any improvements contemplated by this treaty shall have been 27912 commenced, that if the three principal bands, to wit : the Was- 27913 copum, Tiah, or Upper De Chutes, and the Lower De Chutes 27914 bands of Walla- Wallas shall express in council a desire that 27915 some other reservation may be selected for them, that the three 27916 bands named may select each three persons of their respective 27917 bands, who, with the superintendent of Indian affairs or agent, 27918 as may by him be directed, shall proceed to examine, and if 27919 another location can be selected, better suited to the condition 27920 and wants of said Indians, that is unoccupied by the whites, 27921 and upon which the board of commissioners thus selected may 27922 agree, the same shall be declared a reservation for said Indians, 27923 instead of the tract named in this treaty. Provided, also, That 27924 the exclusive right of taking fish in the streams running through 27925 and bordering said reservation is hereby secured to said Indians ; 37926 and at all other usual and accustomed stations, in common with 27927 citizens of the United States, and of erecting suitable houses for 27928 curing the same ; also the privilege of hunting, gathering roots 27929 and berries, and pasturing their stock on unclaimed lands, in 27930 common with citizens, is secured to them. (N. B. The rights 27931 guaranteed by the foregoing proviso are relinquished by the arti- 27932 cle 1 of the treaty of November 15, 1865.) And provided, also, 27933 That if any band or bands of Indians, residing in and claiming 27934 any portion or portions of the country in this article, shall not 27935 accede to the terms of this treaty, then the bands becoming 27936 parties hereunto agree to receive such part of the several and 27937 other payments herein named as a consideration for the entire 27938 country described as aforesaid as shall be in the proportion that 27939 their aggregate number may have to the whole number of In- 27940 dians residing in and claiming the entire country aforesaid, as 27941 consideration and payment in full for the tracts in said country 27942 claimed by them. And provided, also, That where substantia;! 625 27943 improvements have been made by any members of the bands 27944 being parties to this treaty, who are compelled to abandon them 27945 in consequence of said treaty, the same shall be valued, under '27946 the direction of the President of the United States, and pay- 27947 ment made therefor ; or, in lieu of said payment, improvements 27948 of equal extent and value at their option shall be made for them 27949 on the tracts assigned to each respectively. 27950 Article 2. In consideration of, and payment for, the coun- 27951 try hereby ceded, the United States agree to pay the bands and 27952 tribes of Indians claiming territory and residing in said country 27953 the several sums of money following, to wit : 27954 Eight thousand dollars per annum for the first five years, 27955 commencing on the first day of September, 1856, or as soon 27956 thereafter as practicable. 27957 Six thousand dollars per annum for the term of five years 27958 next succeeding the first five. 27959 Four thousand dollars per annum for the term of five years 27960 next succeeding the second five ; and 27961 Two thousand dollars per annum for the term of five years 27962 next succeeding the third five. 27963 All of which several sums of money shall be expended for 27964 the use and benefit of the confederated bands, uiider the direc- 27965 tion of the President of the United States, who may from time 27966 to time, at his discretion, determine what proportion thereof 27967 shall be expended for such objects as, in his judgment, will pro- 27968 mote their well-being and advance them in civilization ; for their 27969 moral improvement and education ; for building, opening and 27970 fencing farms, breaking land, providing teams, stock, agricul- 27971 tural implements, seeds, &c. ; for clothing, provisions, and tools ; 27972 for medical purposes, providing mechanics and farmers, and for 27973 arms and ammunition. 27974 Article 3. The United States agree to pay said Indians 27975 the additional sum of fifty thousand dollars, a portion whereof 27976 shall be applied to the payment for such articles as may be ad- 27977 vanced them at the time of signing this treaty, and in providing, 27978 after the ratification thereof and prior to their removal, such 27979 articles as may be deemed by the President essential to their 27980 want ; for the erection of buildings on the reservation, fencing 27981 and opening farms; for the purchase of teams, farming imple- 27982 ments, clothing and provisions, tools, seeds, and for the pay- 27983 ment of employees ; and for subsisting the Indians the first year 27984 after their removal. 27985 Article 4. In addition to the considerations specified the 27986 United States agree to erect, at suitable points on the reserva- 27937 tion, one saw-mill and one flouring-mill, suitable hospital build- 27088 ings, one school-house, one blacksmith-shop with a tin and a gun- 79 I T 626 27939 smith-sliop tlierefco attached, one wagon and plouglimaker shop, 27990 and for one sawyer, one miller, one superintendent of farming 27991 operations, a farmer, a physician, a school-teacher, a blacksmith, 27992 and a wagon and ploughmaker, a dwelling house, and the requi- 27993 site outbuildings for each ; and to purchase and keep in repair, 27994 for the time specified for furnishing employees, all necessary 27995 mill-fixtures, mechanics' tools, medicines and hospital stores, 27996 books and stationery for schools, and furniture for employees. 27997 The United States further engage to secure and pay for the 27998 services and subsistence, for the term of fifteen years, of one 27999 farmer, one blacksmith, and one wagon and plough maker, and 28000 for the term of twenty years, of one physician, one sawyer, one 28001 miller, one superintendent of farming operations, and one school 28002 teacher. 28003 The United States also engage to erect four dwelling-houses, 28004 one for the head chief of the copfederated bands, and one each 28005 for the Upper and Lower De Chutes bauds of Walla- Wallas, 28006 and for the Wascopum band of Wascoes, and to fence and 28007 plough for each of the said chiefs ten acres of land ; also to pay 28008 the head chief of the confederated bands a salary of five hundred 28009 dollars per annum for twenty years, commencing six months 28010 after the three principal bands named in this treaty shall have 28011 removed to the reservation, or as soon thereafter as a head chief 28012 should be elected : And provided, also, That at any time when by 28013 the death, resignation, or removal of the chief selected, there 28014 shall be a vacancy and a successor appointed or selected, the 28015 salary, the dwelling, and improvements shall be possessed by 28016 said successor, so long as he shall occupy the position as head 28017 chief; so also with reference to the dwellings and improvements 28018 provided for by this treaty for the head chiefs of the three prin- 28019 cipal bands named. 28020 Article 5. The President may, from time to time, at his 28021 discretion, cause the whole, or such portion as he may think 28022 proper, of the tract that may now or hereafter be set apart as a 28023 permanent home for these Indians, to be surveyed into lots and 28024 assigned to such Indians of the confederated bands as may wish 28025 to enjoy the privilege and locate thereon permanently. To a 28026 single person over twenty-one years of age, forty acres ; to a 28027 family of two persons, sixty acres ; to a family of three and not 28028 exceeding five, eighty acres ; to a family of six persons and not 28029 exceeding ten, one hundred and twenty acres ; and to each 28030 family over ten in number twenty acres for each additional three 28031 members. And the President may provide such rules and regn- 28032 lations as will secure to the family in case of the death of the 28033 head thereof the possession and enjoyment of such permanent 28034 home and the improvement thereon ; and he may, at any time, 627 28035 at his discretion, after sucli person or family has made location 28036 on the land assigned as a permanent home, issne a patent to 28037 such person or family for such assigned laud, conditioned that 28038 the tract shall not be aliened or leased for a longer term than 28039 two years, and shall be exempt from levy, sale, or forfeiture, 28040 which condition shall continue in force until a State constitu- 28041 tion embracing such lands within its limits shall have been 28042 formed, and the legislature of the State shall remove the restric- 28043 tions : Provided, however, That no State legislature shall remove 28044 the restrictions herein provided for without the consent of Oon- 28045, gress : And provided, also, That if any person or family shall at 28046 any time neglect or refuse to occupy or till a portion of the land 28047 assigned and on which they have located, or shall roam from 28048 place to place, indicating a desire to abandon his home, the 28049 President may, if the patent shall have been issued, revoke the 28050 same, and if not issued cancel the assignment, and may also 28051 withhold from such person or family their portion of the annui- 28052 ties, or other money due them, until they shall have returned to 28053 such permanent home and resumed the pursuits of industry, 28054 and in default of their return the tract may be declared aban- 28055 doned, and thereafter assigned to some other person or family 28056 of Indians residing on said reservation. 28057 Aktigle 6. The annuities of the Indians shall not be taken 28058 to pay the debts of individuals. 28059 Aeticle 7. The confederated bands acknowledge their de- 28060 pendence on the Government of the United States, and promise 28061 to be friendly with all the citizens thereof, and pledge themselves 28062 to commit no depredation on the property of said citizens ; and 28063 should any one or more of the Indians violate this pledge, and 28064 the fact be satisfactorily proven before the agent, the property 28065 taken shall be returned, or in default thereof, or if injured or 28066 destroyed, compensation may be made by the Government out 28067 of their annuities ; nor will they make war on any other tribe 28068 of Indians except in self-defence, but submit all matters of dif- 28069 ference between them and other Indians to the Government of 28070 the United States or its agents for decision, and abide thereby ; 28071 and if any of the said Indians commit any depredations on 28072 other Indians, the same rule shall prevail as that prescribed in 28073 the case of depredations against citizens ; said Indians further 28074 engage to submit to and observe all laws, rules, and regulations 28075 which may be prescribed by the United States for the govern- 28076 ment of said Indians. 28077 Article 8, In order to prevent the evils of intemperance 28078 among said Indians, it is hereby provided that if any one of 28079 them shall drink liquor to excess, or procure it for others to 628 28080 driuk, his or her proportion of the annuities may be withheld 28081 from him or her for such time as the President may determine. 28082 Akticle 9, The said confederated hands agree that when- 28083 soever, in the opinion of the President of the United States, the 28084 public interest may require it, that all roads, highways, and rail- 28085 roads shall have the right of way through the reservation herein 2808(5 designated, or which may at any time hereafter be set apart as ' 28087 a reservation for said Indians. 28088 This treaty shall be obligatory on the contracting parties as 28089 soon as the same shall be ratified by the President and Senate of 28090 the United States. 28091 Proclaimed April 18, 1859. 28092 Supplemental treaty between the United States of America and the 28093 confederated tribes and bands of Indians of Middle Oregon, 28094 concluded November 15, 1865 ; ratification advised March 2, 28095 1867. 28096 Andrew Johnson, President of the United States of America, 28097 to all and singular to whom these presents shall come, greet- 28098 ing : 28099 Whereas a supplemental treaty was made and concluded 28100 at the Warm Springs Indian agency, in the State of Oregon, on 28101 the fifteenth day of November, in the year of our Lord one thou- 28102 sand eight hundred and sixty-five, by and between J. W. Perit 28103 Huntington, commissioner, on the part of the United States, and 28104 Mark, William Chinook, Kuck-up, and other chiefs and head- 28105 men of the confederated tribes and bands of Indians of Middle 28106 Oregon, on the part of said Indians, and duly authorized there- 28107 to by them, which treaty is in the words and figures following, 28108 to wit : 28109 Articles of agreement and convention entered into at the 28110 Warm Springs agency, Oregon, by J. W. Perit Huntington, 28111 sup'b Indian affairs for Oregon, on behalf of the United 28112 States, and the undersigned, chiefs and head-men of the con- 28113 federated tribes and bands of Middle Oregon, the same being 28114 amendatory of, ajid supplemental to, the treaty negotiated 28115 with the aforesaid tribes on the twenty-fifth day of June, 28116 eighteen hundred and fifty-five, and ratified by the Senate 28117 of the United States on the eighteenth day of April, 28118 eighteen hundred and fifty-nine. 28119 Article 1. It having become evident from experience that 28120 the provision of article 1 of the treaty of the twenty-fifth of June, 28121 A. D. eighteen hundred and fifty-five, (next preceding,) which 28122 permits said confederated tribes to fish, hunt, gather berries and 629 28123 roots, pasture stock, and erect houses on lands outside tlie reser- 28124: vatiou, ^nd vhicli bave been ceded to tbe United States, is often 23125 abused by the Incjians to the extent of continuously resitjing away 28126 from th© r^seryation, and is detrimental to tbe interests of both 28127 Indians and whites ; therefore it is hereby stipulated and agreed 28128 that all the rights enumerated in the third proviso of the first 28129 section of the before-mentioned treaty of the twenty-fifth of 28130 June, eighteen hundred and fifty-five, that is to say, tlje rigjit 28131 to take fish, erect houses, hunt game, gather roots and berries, 28132 and pasture animals upon lands without the reservation set 28133 apart by the treaty aforesaid, are hereby relinquished by the 28134 confederated Indian tribes and bands of Middle Oregon, parties 28135 to this treaty. 28136 AuTiCLB 2. .The tribes aforesaid covenant and agree that 28137 they will hereafter remain upon said reservation, subject to the 28138 laws of the United States, the regulations of the Indian De 28139 partment, and the control of the officers thereof; and they fur- 28J.40 ttier stipulate that if any of the members of said tribes do 28141 leave, or attempt to leave, said reservation in violation of this 28142 treaty, they will assist in pursuing and returning them, when 28143 called upon to do so by the superintendent or agent in charge. 28144 Article 3. In cases which may arise, which make it neces- 28145 sary for any Indian to go without the boundaries of said reserva- 28146 tion, the superintendent or agent in charge may, in his discre- 28147 tion, give to such Indian a written permit or pass, which shall 28148 always be for a short period and the expiration definitely fixed 28149 in said paper. Any Indian who, having gone out with a written 28150 pass, shall remain beyond the boundaries for a longer period 28151 than the time named in said pass, [shall] be deemed to have 28152 violated this treaty to the same extent as if he or she had gone 28153 without a pass. 28154 Article 4. An infraction of this treaty shall subject the 28155 Indian guilty thereof to a deprivation of his or her share of the 28156 annuities, and to such other punishment as the President of the 28157 United States may direct. 28158 Article 5. It is stipulated and agreed on the part of the 28159 United States, as a consideration for the relinquishment of the 28160 rights herein enumerated, that the 'sum of three thousand five 28161 hundred dollars shall be expended in the purchase of teams, 28162 agricultural implements, seeds, and other articles calculated to 28163 advance said confederated tribes in agriculture and civilization. 28164 Article 6. It is further agreed that the United States 28165 shall cause to be allotted to each head of a family in said confed- 28166 erated tribes and bands a tract of land sufflcient for his or her 28167 use, the possession of which shall be guaranteed and secured to 28168 said family and the heirs thereof forever. 630 28169 Article 7. To the end that the vice of intemperance 28170 among said tribes may be checked, it is hereby stipulated that 28171 when any members thereof shall be known to drink ardent spir- 28172 its, or to hare the same in possession, the facts shall be imme- 28173 diately reported to the agent or superintendent, with the name 28174 of the person or persons from whom the liquor was obtained ; 28175 and the Indians agree to diligently use, under the direction of 28176 the superintendent or agent, all proper means to secure the 28177 identification and punishment of the persons unlawfully fur- 28178 nishing liquor as aforesaid. 28179 Proclaimed March 29, 1867. 28180 OTTOES. . 28181 A treaty of 'peace and friendship made and concluded between Will- 28182 iam GlarTc and Auguste Chouteau, commissioners on the part 28183 and behalf of the United States of America, of the one part, 28184 and the undersigned chiefs and warriors of the Ottoes tribe of 28185' Indians, on tlie part and behalf of their said tribe, of the other 28186 part. 28187 The parties being desirous of re establishing peace and 28188 friendship between the United States and their said tribe, and 28189 of being placed, in all things and in every respect, upon the 28190 same footing upon which they stood before the late war between 28191 the United States and Great Britain, have agreed to the follow- 28192 ing articles : 28193 Article 1. Every injury or act of hostility by one or either 28194 of the contracting parties against the other shall be mutually 28195 forgiven and forgot. 28196 Article 2. There shall be perpetual peace and friendship 28197 between all the citizens of the United States of America and 28198 all the individuals composing the said Ottoes tribe, and all the 28199 friendly relations that existed between them before the war shall 28200 be, and the same are hereby, renewed. 28201 Article 3. The undersigned chiefs and warriors, for them- 28202 selves and their said tribes, do hereby acknowledge themselves 28203 to be under the protection of the United States of America, and 28204 of no other nation, power, or sovereign, whatsoever. 28205 Proclaimed December 26, 1817, 28206 28207 OTTOES AiTD MISSOUEIES. Treaty with the Ottoe and Missouri Tribe. 28208 Por the purpose of perpetuating the friendship which has 28209 heretofore existed, as also to remove all future cause of discus- 631 28210 sion or dissension as it respects trade and friendship between 28211 the United States and their citizens, and the Ottoe and Missouri 28212 tribe of Indians, the President of the United States of America, 28213 by Brigadier-General Henry Atkinson, of the United States 28214 Army, and Major Benjamin O'Fallon, Indian agent, with full 28215 powers and authority, specially appointed and commissioned for 28216 that purpose, of the one part, and the undersigned chiefs, head- 28217 men, and warriors of the said Ottoe and Missouri tribe of In- 28218 dians, on behalf of their tribe, of the other part, have made and 28219 entered into the following articles and conditions, which, when 28220 ratified by the President of the United States, by and with the 28221 advice and consent of the Senate, shall be binding on both par- 28222 ties to wit : 28223 Article 1. It is admitted by the Ottoe and Missouri tribe 28224 of Indians that they reside within the territorial limits of the 28225 United States, acknowledge their supremacy, and claim their 28226 protection. The said tribe also admit the right of the United 28227 States to regulate all trade and intercourse with them. 28228 Article 2. The United States agree to receive the Ottoe 28229 and Missouri tribe of Indians into their friendship, and linder 28230 their protection, and to extend to them, from time to time, such 28231 benefits and acts of kindness as may be convenient, and seem 28232 just and proper to the President of the United States. 28233 Article 3. All trade and intercourse with the Ottoe and 28234 Missouri tribe shall be transacted at such place or places as 28235 may be designated and pointed out by the President of the 28236 United States, through his agents ; and none but American 28237 citizens, duly authorized by the United States, shall be admitted 28238 to trade or hold intercourse with said tribe of Indians. 28239 , Article 4. That the Ottoe and Missouri tribe may be ac- 28240 commodated with such articles of merchandise, &c., as their 28241 necessities may demand, the United States agree to admit and 28242 license traders to hold intercourse with said tribe, under mild 28243 and equitable regulations: in consideration of which, the said 28244 Ottoe and Missouri tribe bind themselves to extend protection to 28245 the persons and the property of the traders, and the persons 28246 legally employed under them, whilst they remain within the limits 28247 of their particular district of country. And the said Ottoe and 28248 Missouri tribe further agree, that if any foreigner or other per- 28249 son, not legally authorized by the United States, shall come into 28250 their district of country, for the purpose of trade or other views, 28251 they will apprehend such person or persons, and deliver him or 28252 them to some United States superintendent, or agent of Indian 28253 affairs, or to the commandant of the nearest military post, to be 28254 dealt with according to law. And they further agree to give 28255 safe conduct to all persons who may be legally authorized by the 632 28256 United States to pass through their country; and to protect, in 28257 their persons and property, all agents or other persons seht by 28258 the United States to reside temporarily among them ; nor will 28259 they, whilst on their distant excursions, molest or interrupt aUy 28260 American citizen or citizens who may be passing from the United 28261 States to New Mexico, or returning from thence to the United 28262 States. 28263 Aetiolb 5. That the friendship which is now established 28264 between the United States and the Ottoe and Missouri tribe 28265 should not be interrupted by the misconduct of individuals, it is 28266 hereby agreed, that for injuries done by individuals, no private 28267 revenge or retaliation shall take place, but instead thereof com- 28268 plaint shall be made, by the party injured, to the superintendent 28269 or agent of Indian affairs, or other person appointed by the 28270 President ; and it shall be the duty of said chiefs, upon complaint 28271 being made as aforesaid, to deliver up the person or persons 28272 against whom the complaint is made, to the end that he or they 28273 may be punished agreeably to the laws of the United States. 28274 And, in like manner, if any robbery, violence, or murder shall 28275 be committed on any Indian or Indians belonging to said tribe, 28276 the person or persons so offending shall be tried, and if found 28277 guilty shall be punished in like manner as if the injury had been 28278 done to a white man. And it is agreed that the chiefs of said 28279 Ottoe and Missouri tribe shall, to the utmost of their power, exert 28280 themselves to recover horses or other property which may be 28281 stolen or taken from any citizen or citizens of the United States, 28282 by any individual or individuals of said tribe ; and the property 28283 so recovered shall be forthwith delivered to the agents or other per- 28284 son authorized to receive it, that it may be restored to the proper 28285 owner. And the United States hereby guarrahty ta any Indian 28286 or Indians of said tribe a full indemnification for any horses or 28287 other property which may be stolen from them by any of their 28288 citizens : Provided, That the property stolen cannot be recovered, 28289 and that sufficient proof is produced that it was actually stolen 28290 by a citizen of the United States. And the said Ottoe and 28291 Missouri tribe engage, on the requisition or demand of the Presi- 28292 dent of the United States or of the agents, to deliver up any 28293 white man resident among them. 28294 Article 6. And the chiefs and warriors, as aforesaid, promise 28295 and engage that their tribe will never, by sale, exchange, or as 28296 presents, supply any nation, tribe, or band of Indians, not in 28297 amity with the United States, with guns, aiiimunition, or other 28298 implements of war. 28299 Proclaimed February 6, 1826. 633 28300 Articles of agreement and convention, made at tlie Otoe Village on 28301 tJie Biver Platte, hetween Henry L. Ellsworth, commissioner in 28302 behalf of the United ■ States, and the united hands of Otoes 28303 and MissOtirias dwelling on the said Platte, this 21st day of 28304 Septemoer, A. D. 1833. 28305 Article 1. The said Otoes and Missourias cede aud relin- 28306 quish to the United States all their right and title to the lands 28307 lying south of the following line, viz : Beginning on the Little 28308 ISTeiuohaw River, at the northwest corner of the land reserved 28309 by treaty at Prairie' da Chien on the 15th July, 1830, in favor 28310 of certain half-breeds of the Omahas, loways, Otoes, Yancton, 28311 and Sautie bands of Sioux, and running westerly with said Lit- 28312 tie IsTemohaw, to the head branches of the same; and thence 28313 running in a due west line as far west as said Otoes and Mis- 28314 sourias have or pretend to have any claim. 28315 Article 2. The United States agree to continue the pres- 2831G eut annuity of twenty-five hundred dollars, granted by said 28317 treaty of Prairie du Ohien, to said Otoes and Missourias, ten 28318 years from the expiration of the same, viz, ten years from 15th 28319 July, 1840. 28320 Article 3. The United States agree to continue for ten 28321 years from said 15th July, 1840, the annuity of five hundred 28322 dollars, granted for instruments for agricultural purposes. 28323 Article 4. The United States agree to allow annually five 28324 hundred dollars, for five years, for the purposes of education, 28325 which sum shall be expended under the direction of the Presi- 28326 dent ; and continued longer if he deems proper. The schools, 28327 however, shall be kept within the limit of said tribe or nation. 28328 Article 5. The United States agree to erect a horse-mill 28329 for grinding corn, and to provide two farmers to reside in the 28330 nation, to instruct and assist said tribe, for the term of five 28331 years, and longer if the President thinks proper. 28332 Article 6. The United States agree to deliver to said 28333 Otoes and Missourias one thousand dollars value in stock, which 28334 shall be placed in the care of the agent, or farmer, until the 28335 President thinks the same can safely be intrusted to tie Indians. 28336 ■ Article 7. It is expressly agreed and understood that the 28337 stipulations contained in the third, fourth, fifth, and sixth arti- 28338 cles are not to be fulfilled by the United States until the Otoes 28339 and Missourias shall locate themselves in such convenient agri- 28340 cultural districts as the President may think proper, nor shall 28341 the payments be continued if the Otoes and Missourias shall 28342 abandon such location as the President shall think best for their 28343 agricultural interest. 28344 Article 8. The Otoes and Missourias declare their entire 28345 willingness to abandon the chase for the agricultural life — their 80 it 634 28346 desire for peace with all other tribes, and therefore agree not to 28347 make war against any tribe with whom they now are, or shall 28348 be, at peace ; but should any difficulty arise between them and 28349 any other tribe, they agree to refer the matter in dispute to some 28350 arbiter whom the President shall appoint to adjust the same. 28351 Article 9. The United States agree to deliver the said 28352 Otoes and Missourias the value of four hundred dollars in 28353 goods and merchandise; which said Otoes and Missourias 28354 hereby acknowledge to have received. 28355 Article 10. This convention, or agreement, to be obliga- 28356 tory when ratified by the President and Senate of the United 28357 States. 28368 Proclaimed April 12, 1834. 28359 Articles of a convention entered into and concluded at Bellevue, 28360 Upper Missouri, the fifteenth day of October, one thousand 28361 eight hundred and thirty-six, hy and between John Dougherty, 28362 United States agent for Indian affairs, and Joshua Pilcher, 28363 United States Indian special agent, being specially authorized 28364 therefor ; and the chiefs, braves, head-men, &c., of the Otoes, 28365 Missouries, Omahaws, and Yanlcton and Santee bands of 28366 Sioux, duly authorized by their respective tribes. 28367 ARTICLE 1. Whereas it has been represented that accord- 28368 ing to the stipulations of the first article of the treaty of Prairie 28369 du Chien of the fifteenth of July, eighteen hundred and thirty, 28370 (proclaimed February 24, 1831,) the country ceded is " to be 28371 assigned and allotted under the direction of the President of 28372 the United States to the tribes now living thereon or to such 28373 other tribes as the President may locate thereon for hunting and 28374 other purposes ;" and 28375 Whereas it is further represented to us the chiefs, braves, and 28376 head-men of thetribes aforesaid, thatit is desirable that thelands 28377 lying between the State of Missouri and the Missour-i River, and 28378 south ol a line running due west from the northwest corner of 28379 said State until said line strikes the Missouri Kiver, should be 28380 attached to and become a part of said State, and the Indian 28381 title thereto be entirely extinguished ; but that notwithstanding, 28382 as these lands compose a part of the country embraced by the 28383 provisions of the said first article of the treaty aforesaid, the 28384 stipulations whereof will be strictly observed until the assent 28385 of the Indians interested is given to the proposed measure : 28386 Now we, the chiefs, braves, and principal men of the Otoes, 28387 Missouries, Omahaws, Yankton and Santee bands of Sioux 28388 aforesaid, fully understanding the subject and well satisfied 28389 from the local position of the lands in question that they never 635 28390 can be made available for Indian purposes ; and that an attempt 28391 to place an Indian population on them must inevitably lead to 28392 collisions with the citizens of the United States ; and further 28393 believing that the extension of the State line in the direction 28394: indicated would have a happy effect by presenting a natural 28395 boundary between the whites and Indians ; and willing more- 28396 over to give the United States a renewed evidence of our at- 28397 tachment and friendship, do hereby for ourselves and on behalf 28398 of our respective tribes, (having full power and authority to this 28399 effect,) forever cede, relinquish, and quit-claim to the United 28400 . States all our right, title, and interest, of whatsoever nature, in 28401 and to the lands lying between the State of Missouri and the 28402 Missouri Eiver, and south of a line running due west from the 28403 northwest corner of the State to the Missouri Eiver, as herein- 28404 before mentioned, and freely and fully exonerate the United 28405 States from any guarantee, condition, or limitation expressed or 28406 implied under the treaty of Prairie de Ohien aforesaid, or other- 28407 wise, as to the entire and absolute disposition of said lands, 28408 fully authorizing the United States to do with the same what- 28409 ever shall seem expedient or necessary. 28410 Aeticlb 2. As a proof of the continued friendship and 28411 liberality of the United States towards the said Otoes, Missouries , 28412 Omahaws, and Yankton and Santee bands of Sioux, and as an 28413 evidence of the sence entertained for the good-will manifested 28414 by the said tribes to the citizens and Government of the United 28415 States, as evinced in the preceding cession and relinquishment; 2841©' and as some compensation for the great sacrifice made by the 28417 several deputations at this particular season, by abandoning. 28418 their fall hunts and traveling several hundred miles to attend 28419 this convention, the undersigned, John Dougherty and Joshua 28420 Pilcher, agrees, on behalf of the United States, to pay as a pres- 28421 ent to the tribes hereinbefore named the sum of four thousand 28422 five hundred and twenty dollars in merchandize, the receipt of 28423 which they hereby acknowledge, having been distributed among 28424 them in the proportions following : To the Otoes, twelve hundred 28425 and fifty dollars; to the Missouries, one thousand dollars; to the 28426 Omahaws, twelve hundred and seventy dollars; to the Yankton 28427 and Santee bands of Sioux, one thousand dollars. 28428 Aeticle 3. In consequence of the removal of the Otoes 28429 and Missouries from their former situation on the river Platte 28430 to the place selected for them, and of their having to build new 28431 habitations last spring at the time which should have been 28432 occupied in attending to their crops, it appears that they have 28433 failed to such a degree as to make it certain that they will lack 28434 the means of subsisting next spring, when it will be necessary 28435 for them to commence cultivating the lan,ds now preparing for 636 28436 their use. It is therefore agreed that the said Otoes and Mis- 28437 souries (iu addition to the presents hereinbefore mentioned) shall 28438 be furnished, at the expence of the United States, with five 28439 hundred bushels of corn, to be delivered at their village in the 28440 month of April next. And the same causes operating upon the 28441 Omahaws, they having also abandoned their former situation, 28442 and established at the place recommended to them on the Mis- 28443 souri Eiver, and finding it difQcult without the aid of ploughs 28444 to cultivate land near there village, where they would be secure 28445 from their enemies, it is agreed, as" a farther proof of the liber- 28446 ality of the Government and its disposition to advance such 28447 tribes in the cultivation of the soil as may manifest a disposition 28448 to rely on it for the future means of subsistence, that they shall 28449 have one hundred acres of ground broke up and put under a 28450 fence near their village, so soon as it can be done after the rati- 28451 flcation of this convention. 28432 ■ Aeticle 4. The undersigned chiefs, braves, and head-men of 28453 the tribes hereinbefore named, feeling sensible of the many acts 28454 of kindness and liberality manifested towards them and their re- 28455 spective tribes by their good friends, Joseph Roubadoux, sen., and 28456 Lucien Pontenelle, during an intercourse of many years ; aware of 28457 the heavy losses sustained by them at different times by their lib- 28458 erality in extending large credits to them and their people, which 28459 have never been paid, and which (owing to the impoverished 28460 situation of- their country and their scanty means of living) never 28461 can be, are anxious to evince some evidence of gratitude for 28462 such benefits and favours, and compensate the said individuals 28463 in some measure for their losses. To this end, at the earnest 28464 solicitation of said tribes, it is agreed that the said Joseph 28465 Eoubadoux, sen., shall have the privilege of selecting three 28466 sections of land, anywhere within the ceded territory, so soon 28467 as the same shall be surveyed, and the said Lucien Fontenelle 28468 shall be permitted to select two sections in like manner, which 28469 shall be conveyed to them by the United States without cost 28470 whenever the land so selected shall be reported by them, their 28471 agents, or legal representatives to the register and receiver of 28472 the land-office of the district in which they lie. It is, however, 28473 distinctly understood that if the President and Senate of the 28474 United States should refuse to ratify this and the last preceding 28475 article, or either of them, or any part thereof, that such refusal 28476 shall iu no way affect the relinquishment and cession made by 28477 the tribes parties hereto in the first article of this convention. 28478 Article 5. This convention shall be obligatory ou the 28479 tribes parties hereto from and after the date hereof, and on the 28480 United States from and after its ratification by the Government 28481 thereof. 28482 Proclaimed February 15, 1827. 637 28483 Franklin Pierce, President of the United States of A.merica, 28484 to all and singular to whom thes^ presents shall come, 28485 greeting: 28486 Whereas a treaty was made and concladed at the city of 28487 Washington on the fifteenth day of March, one thousand eight 28488 hundred and fifty-four, by George W. Manypenny, Commissioner 28489 of Indian Affairs, acting as commissioner on the part of the 28490 United States^ and the confederate tribes of the Ottoe and Mis- 28491 souria Indians, which treaty is in the words following, to wit : 28492 Articles of agreement and convention made. and concluded at 28493 the city of Washington, this fifteenth day of March, one 28494 thousand eight hundred and fifty-four, by George W. Many. 28495 penny, as commissioner on the part of the United States, 28496 and the following-named chiefs of the confederate tribes of 28497 the Ottoe and Missouria Indians, viz : Ar-ke-kee-tah, or Stay 28498 by It; Heh-cah-po, or Kickapoo ; Shaw-ka-haw-wa, or Medi- 28499 cine Horse ; Mi-ar-ke-tah-hun-she, or Big Soldier; Oha-won- 28500 a-ke, or Buffalo Chief; Ah-hah-che-ke-saw-ke, or Missouria 28501 Chief; and Maw-thra-ti-ne, or White Water; they being 28502 thereto duly authorized by said confederate tribes. 28503 Article 1. The confederate tribes of Ottoe and Missouria 28504 Indians cede to the United States all their country west of the 28505 Missouri Eiver, excepting a strip of land on the waters of the 28506 Big Blue Eiver, ten miles in width and bounded as follows: 28507 Commencing at a point in the middle of the main branch of the 28508 Big Blue Eiver, in a west or southwest direction from Old Fort 28509 Kearney, at a place called by the Indians the "Islands;" thence 28510 west to the western boundary of the country hereby ceded ; 28511 thence in a northerly course with said western boundary, ten 28512 miles; thence east to a point due north of the starting point 28513 and ten miles therefrom ; thence to the place of beginning ; 28514 Provided, That in case the said initial point is not within the 28515 limits of the country hereby ceded, or that the western boundary 28516 of said country is not distant twenty-five miles or more from the 28517 initial point, in either case, there shall be assigned by the United 28518 States to said Indians, for their future home, a tract of land not 28519 less than ten miles wide by twenty-five miles long, the southeast 28520 corner of which tract shall be the initial point above named. 28521 And such portion of such trafit, if any, as shall prove to be out- 28522 side of the ceded country, shall be and the same is hereby granted 28523 and ceded to the confederate tribes of Ottoe and Missouria 28524 Indians by the United States, who will have said tract properly 28525 set off by durable monuments as soon after the ratification of 28526 this instrument as the same can conveniently be done. 28527 N. B. The limits of the above reservation are changed by 28528 the treaty of December 9, 1854, proclaimed April 19, 1855. 28529 Seepage 641. 638 28530 Article 2. The said confederate tribes agree that as sooil 28531 after the United States shall' make the necessary provision for 28532 fulfilling the stipulations of this instrument, as they can conve- 28533 niently arrange their affairs, and not to exceed one year after 28534 such provision is made, they will vacate the ceded country and 28535 remove to the lands herein reserved for them. 28536 Article 3. The said confederate tribes relinquish to the 28537 United States all claims for money or other thing under former 28538 treaties, and all claim which they may have heretofore at any 28539 time set up to any land on the east side of the Missouri Eiver : 28540 Provided, That said confederate tribes shall receive the unex- 28541 pended balances of former appropriations now in the United 28542 States Treasury, of which four thousand dollars shall at once 28543 be applied for the purchase of provisions and to farming purposes, 28544 Akticle 4. In consideration of and payment for the country 28545 herein ceded, and the relinquishments herein made, the United 28546 States agree to pay to the said confederate tribes of Ofctoe and 28547 Missouria Indians the several sums of money following, to wit: 28548 1st. Twenty thousand dollars per annum for the term of 28549 three years, commencing on the first day of January, one thou- 28550 sand eight hundred and fifty-nine. 28551 2d. Thirteen thousand dollars per annum for the term of 28552 ten years next succeeding the three years. 28553 3d. Nine thousand dollars per annum for the term of fifteen 28554 years next succeeding the ten years. 28555 4th. Five thousand dollars per annum for the term of twelve 28556 years next succeeding the fifteen years. ' 28557 All which several sums of money shall be paid to the said 28558 confederate tribes, or expended for their use and benefit, under 28559 the direction of the President of the United States, who may, 28500 from time to time, determine, at his discretion, what proportion 28561 of the annual payments in this article provided for, if any, shall 28562 be paid to them in money, and what proportion shall be applied 28563 to and expended for their moral improvement and education ; 28564 for such beneficial objects as in his judgment will be calculated 28565 to advance them in civilization ; for buildings, opening farms, 28566 fencing, breaking land, providing stock, agricultural implements, 28567 seeds, &c.; for clothing, j)rovisions, and merchandise; for iron, 28508 steel, arms, and ammunition; for mechanics and tools, and for 28569 medical purposes. 28570 Article 5. In order to enable the said confederate tribes to 28571 settle their affairs, and to remove and subsist themselves for 28572 one year at their new home, (and which they agree to do with- 28573 out further expense to the United States,) and to break up and 28574 fence one hundred and fifty acres of land at their new home, they 28575 shall receive from the United States the further sum of twenty 639 28576 thousand dollars, to be paid out and expended under the direc- 28577 tion of the President, and in such manner as he shall approve. 28578 Akticle 6. The President may, from time to time, at his 28579 discretion, cause the whole of the land herein reserved or appro- 28580 priated west of the Big Blue Eiver to be surveyed oft' into lots, 28581 and assign to such Indian or Indians of said confederate tribes 28582 as are willing to avail of the privilege, and who will locate on 28583 the same as a permanent home, if a single person over twenty- 28584 one years of age, one-eighth of a section ; to each family of two, 28585 one quarter section ; to each family of three and not exceeding 28586 five, one half section ; to each family of six and not exceeding 28587 ten, one section ; and to each family exceeding ten in number, 28588 one quarter section for every additional five members. And he 28589 may prescribe such rules and regulations as will secure to the 28590 family, in case of the death of the head thereof, the possession 28591 and enjoyment of such permanent home and the improvements 28592 thereon. And the President may, at any time in his discretion, 28593 after such person or family has made a location on the land 28594 assigned for a permanent home, issue a patent to such person or 28595 family for such assigned land, conditioned that the tract shall 28590 not be aliened or leased for a longer term than two years, and 28597 shall be exempt from levy, sale, or forfeiture, which conditions 28598 shall continue in force until a State constitution embracing such 28599 land within its boundaries shall have been formed, and the legis- 28600 lature of the State shall remove the restrictions. And if any 28601 such person or family shall at any time neglect or refuse to 28602 occupy and till a portion of the land assigned, and on which 28603 they have located, or shall rove from place to place, the Presi- 28604 dent may, if the patent shall have been issued, revoke the same, 28605 or, if not issued, cancel the assignment, and may also withhold 28606 from such person or family their proportion of the annuities or 28607 other moneys due them until they shall have returned to such 28608 permanent home and resumed the pursuits of industry; and in 28609 default of their return, the tract may be declared abandoned, 28610 and thereafter assigned to some other person or family of such 28611 confederate tribes, or disposed of as is provided for the disposal 28612 of the excess of said land. And the residue of the land hereby 28613 reserved, after all the Indian persons or families of such confed- 28614 erate tribes shall have had assigned to them permanent homes, 28615 may be sold for their benefit, under such laws, rules, or regula- 28616 tions as may hereafter be prescribed by the Congress or Presi- 28617 dent of the United States. No State legislature shall remove 28618 the restriction herein provided for without the consent of Oon- 28619 gress. 28620 Article 7. The United States will erect for said confeder- 28621 ate tribes at their new home a grist and saw mill, and keep the 640 28622 same in repair, aud provide a miller for the term of ten years ; 28623 also erect a good blacksmith shop, supply the same with tools, 28624 and keep it in repair for the term of ten years, and provide a 28625 good blacksmith for a like period, and employ an experienced 28626 farmer for ten years to instruct the Indians in agriculture. 28627 Article 8. The annuities of the Indians shall not be taken 28628 to pay the debts of individuals." 28629 Article 9. The said confederate tribes acknowledge their 28630 dependence on the Government of the United States, and prom- 28631 ise to be friendly with all the citizens thereof, and pledge them- 28632 selves to commit no depredations on the property of such citi- 28633 zens. And should any one or more of the Indians violate this 28634 pledge, and the fact be satisfactorily proven before the agent, 28635 the property taken shall be returned, or in default thereof, or if 28636 injured or destroyed, compensation may be made by the Govern- 28637 ment out of their annuities, i^or will they make war on any 28638 other tribe except in self-defence, but will submit all matters of 28639 difference between them and other Indians to the Government 28640 of the Fuited States, or its agent, for decision, and abide there- 28641 by. And if any of the said Indians commit any depredations 28642 on any other Indians, the same rule shall prevail as that pre- 28643 scribed in this article in cases of depredations against citizens. 28644 Article 10. The Ottoes and Missourias are desirous to ex- 28645 elude from their country the use of ardent spirits and to pre- 28646 vent their people from drinking the same; and therefore it is 28647 provided that any one of them who is guilty of bringing liquor 28648 into their country, or who drinks liquor, may have his or her 28649 proportion of the annuities withheld from him or her for such 28650 time as the President may determine. 28651 Article 11. The said confederate tribes agree that all the 28652 necessary roads, and highways, and railroads, which may be 28653 constructed as the country improves, and the lines of which may 28654 run through their land west of the Big Blue Eiver, shall have a 28655 right of way through the reservation, a just compensation being 28656 made therefor in money. 28657 ARTrcLE 12. The United States will pay to Lewis Barnard 28658 the sum of three hundred dollars, he having been in the service 28659 ' of the said tribes and they being unable to pay h'im. 28660 Article 13. This treaty shall be obligatory on the con- 28661 tracting parties as soon as the same, shall be ratified by the 28662 President and Senate of the United States. 28663 Proclaimed June 21, 1854. 28664 Franklin Pierce, President of the United States of America, 28665 to all and singular to whom these presents shall come, 28666 greeting : 28667 Whereas a treaty was made and concluded at Nebraska (541 28668 City, in the Territory of Nebraska, on the ninth day of Decein- 28669 ber, one thousand eight hundred and fifty-four, between the 28670 United States of America and the chiefs and head-men of the 28671- confederate tribes of the Ottoe and Missouria Indians, which 28672 treaty is in the words following, to wit: 28673 Article of agreement and convention made and concluded at 28674 Nebraska City, in the Territory of Nebraska, on the ninth 28675 day of December, one thousand eight hundred and fifty-four, 28676 between the United States of America, by George Hepner, 28677 United States Indian agent, duly authorized thereto, and 28678 the chiefs and head-men of the confederate tribes of the 28679 Ottoe and Missouria Indians, to be taken and considered as 28680 a supplement to the treaty made between the United States 28681 and said confederate tribes, on the fifteenth day of March, 28682 ore thousand eight hundred and fifty-four. 28683 Whereas, by the first article of the treaty in the caption 28684 mentioned it is stipulated that the confederate tribes of Ottoe 28685 and Missouria Indians cede to the United States all of their 28686 country west of the Missouri River, excepting a strip of land on 28687 the waters of the Big Blue Eiver, ten miles in width, and 28688 bounded as follows : Commencing at a point in the middle of 28689 the main branch of the Big Blue Eiver, in a west or southwest 28690 direction from old J?ort Kearney, at a place called by the Indians, 28691 the " Islands ; " thence west to the western boundary of the 28692 country hereby ceded ; thence in a northerly course with said 28693 western boundary ten miles ; thence east to a point due north 28694 of the starting point and ten miles therefrom ; thence to the 28695 place of beginning. 28696 And whereas, upon exploration of said reservation by the 28697 said confederate tribes, it was found that they had been mis- 28698 taken as to the location thereof, much the larger portion, or 28699 nearly tfie entirety of it, being to the west of the Big Blue 28700 Eiver, and without sufficiency of timber, and they being dis- 28701 satsified therewith, and the United States being desirous of re- 28702 moving all cause of complaint, this article is entered into. 28703 Article. It is agreed and stipulated between the United 28704 States and the said confederate tribes of Ottoe and Missouria 28705 Indians, that the initial point of their reservation, in lieu of that 28706 stated in the treaty in the caption hereof mentioned, shall be a 28707 point five miles due east thereof, thence west twenty-five miles ; 28708 thence north ten miles ; thence east to a point due north of the 28709 starting point and ten miles therefrom ; thence to the place 28710 of beginning ; and the country embraced within said bound- 28711 aries shall betaken and considered as the reservation and home 28712 of said confederate tribes, in lieu of that provided for them and 28713 described in the first article of said treaty. 28714 Proclaimed April 19, 1855. 81 I T 642 28715 PAWNEES. 28716 ^ Treaty with the Pawnee tribe. 28717 For the purpose of perpetuating the friendship which has 28718 heretofore existed, as also to remove all future cause of discus- 28719 sion or dissension, as it respects trade and friendship between 28720 the United States and their citizens, and the Pawnee tribe of 28721 Indians, the President of the United States of America, by 28722 BrigadierGreneral Henry Atkinson, of the United States Army, 28723 and Major Benjamin O'Fallon, Indian agent, with full powers 28724 and authority, specially appointed and commissioned for that 28725 purpose, of the one part, and the undersigned chiefs, head-men, 28726 and warriors of said Pawnee tribe of Indians, on behalf of their 28727 tribe of the other part, have made and entered into the follow- 28728 ing articles and conditions, which, when ratified by the Presi- 28729 dent of the United States, by and with the advice and consent 28730 of the Senate, shall be binding on both parties, to wit : 28731 Article 1. It is admitted by the Pawnee tribe of Indians, 28732 that they reside within the territorial limits of the United 28733 States, acknowledge their supremacy, and claim their protec- 28734 tion. The said tribe also admit the right of the United States 28735 to regulate all trade and intercourse with them. 28T36 Article 2. The United States agree to receive the Pawnee 28737 tribe of Indians into their friendship and under their protec- 28738 tion, and to extend to them, from time to time, such benefits and 28739 acts of kindness as maybe convenient and seem just and proper 28740 to the President of the United States. 28741 Article 3. All trade and intercourse with the Pawnee 28742 tribe shall be transacted at such place or places as may be desig- 28743 nated and pointed out by the President of the United States 28744 through his agents ; and none but American citazens, duly au- 28745 thorized by the United States, shall be admitted to trade or hold 28746 intercourse with said tribe of Indians. 28747 Article 4. That the Pawnee tribe may be accommodated 28748 with such articles of merchandize, &c., as their necessaties may 28749 demand, the United States agree to admit and lieence traders 28750 to hold intercourse with said tribe, under mild and equitable 28751 regulations, in consideration of which, the said Pawnee tribe 28752 bind themselves to extend protection to the persons and prop- 28753 erty of the traders, and the persons legally employed under 28754 them, whilst they remain within the limits of their particular 28755 district of country. And the said Pawnee tribe further agree 28756 that if any foreigner or other person not legally authorized by 28757 the United States shall come into their district of country, for 643 28758 the purposes of trade or other views, they will apprehend such 28759 person or persons, and deliver him or them to some United 28760 States superintendent' or agent of Indian Affairs, or to the 28761 commandant of the nearest military post, to be dealt with ac- 28762 cording to law. And they further agree to give safe-conduct to 28763 all persons who may be legally authorized by the United States 28764 to pass through their country, and to protect in their persons 28765 and property all agents or other persons sent by the United 28766 States to reside temporarily among them ; nor will they, whilst 28767 on their distant excursions, molest or interrupt any American 28768 citizen or citizens who maybe passing from the United States 28769 to New Mexico, or. returning from thence to the United States. 28770 Article 5. That the friendship which is now established 28771 between the United States and the Pawnee tribe shall not be 28772 interrupted bj- the misconduct of individuals, it is hereby agreed 28773 that for injuries done by individuals, no private revenge or re- 28774 taliation shall take place, but instead thereof complaints shall 28775 be made by the party injured to the superintendent or agent of 28776 Indian aflairs, or other person appointed by the President ; and 28777 it shall be the duty of said chiefs, upon complaint being made 28778 as aforesaid, to deliver up the person or persons against whom 28779 the complaint is made, to the end that he or they may be pun- 28780 ished agreeably to the laws of the United States. And, in like 28781 manner, if any robbery, violence, or murder shall be committed 28782 on any Indian or Indians belonging to said tribe, the person or 28783 persons so offending shall be tried, and, if found guilty, shall be 28784 punished in like manner as if the injury had been done to a white 28785 man. And it is agreed that the chiefs of said Pawnee tribe shall, 28786 to the utmost of their power, exert themselves to recover horses 28787 or other property which may be stolen or taken from any citizen 28788 or citizens of the United States by any individual or individ- 28789 uals of said tribe ; and the property so recovered shall be forth- 28790 with delivered to the agents or other person authorized to re- 28791 ceive it, that it may be restored to the proper owner. And the 28792 United States hereby guarranty to any Indian or Indians of said 28793 tribe a full indemnification for any horses or other property 28794 which may be stolen from them by any of their citizens : Pro- 28795 vided, That the property stolen cannot be recovered, and that 28796 sufficient proof is produced that it was actually stolen by a citi- 28797 zen of the United States. And the said Pawnee tribe engage, 28798 on the requisition or demand of the President of the United 28799 States, or of the agents, to deliver up any white man resident 28800 among them. 28801 Article 6. And the chiefs and warriors as aforesaid prom- 28802 ise and engage that their tribe will never, by sale, exchange, or 28803 as presents, supply any nation, tribe, or baud of Indians not in 644 28804 amity with the United States, with guns, ammunition, or other 28805 implemeuts of war. 28806 Proclaimed February 6, 1826. 28807 PAWNEES GRAND. 28808 A treaty of peace and friendship made and concluded by and 28809 between William Clark and Auguste Chouteau, commissioners 28810 of the United States of America, on the part and behalf of the 28811 said States, of the one part, and the undersigned chiefs and 28812 warriors of the Grand Pawnee tribe, on the part and behalf of 28813 their said tribe, of the other part. 28814 The parties, being desirous of establishing peace and friend- 28815 ship between the United States and the said tribe, have agreed 28816 to the following articles : 28817 Article 1. Every injury or act of hostility by one or 28818 either of the contracting parties against the other shall be mu- 28819 tually forgiven and forgot. 28820 Akticle 2. There shall be perpetual peace and friendship 28821 between all the citizens of the United States of America and 28822 all the individuals composing the said Grand Pawnee tribe. 28823 Article 3. The undersigned chiefs and warriors, for them- 28824 selves and their said tribe, do hereby acknowledge themselves 28826 to be under the protection of the United States of America, and 28826 of no other nation, power, or sovereign whatsoever. 28827 Article 4. The undersigned chiefs and warriors, for them- 28828 selves and the tribe they represent, do moreover promise and 28829 oblidge themselves to deliver up, or cause to be delivered up. to 28830 the authority of the United States, (to be punished according to 28831 law,) each and every individual of the said tribe who shall, at 28832 any time hereafter, violate the stipulations of the treaty this day 28833 concluded between the said tribe and the said United States. 28834 Proclaimed January 7, 1819. 28835 PAWNEE MAEHAE. 28836 A treaty of peace and friendship made and concluded by and between 28837 William Clark and Auguste Chouteau, commissioners of the 28838 United States of America, on the part and behalf of the said 28839 States, of the one part, and the undersigned chiefs and war- 28840 riors of the Pawnee Marhar tribe, on the part and behalf of 28841 their said tribe, of the other part. 28842 The parties, being desirous of establishing peace and friend- 28843 ship between the United States and the said tribe, have agreed 28844 to the following articles : 645 . , 28S45 Article 1. Every injury or act of hostility by one or either 28846 of the coutractiiig parties against the other shall be mutually 28847 forgiven and forgot. 28848 Aetiole 2. There shall be perpetual peace and friendship 28849 between all the citizens of the United States of America and 28850 all the individuals composing the said Pawnee tribe. 28851 Article 3. The undersigned chiefs and warriors, for them- 28852 selves and their said tribe, do hereby acknowledge themselves to 28853 be under the protection of the United States of America, and of 28854 no other nation, power, or sovereign whatsoever. 28855 Article 4. The undersigned chiefs and warriors, for them- 28856 selves and the tribe they represent, do moreover promise and 28857 oblidge themselves to deliver up, or to cause to be delivered up, 28858 to the authority of the United States, (to be punished according 28859 to law,) each and every individual of the said tribe who shall, 28860 at any time hereafter, violate the stipulations of the treaty this 28861 day concluded between the said Pawnee Marhar tribe and the 28862 said States. 28863 Proclaimed January 5, 1812. 28864 PAWNEES— PITAVIRATE NOISY TEIBE. 28865 A treaty of peace and friendship made and concluded by and between 28866 William Clark and Auguste Chouteau, commissioners of the 28867 United States of America, on the part and behalf of the said 28868 States, of the one part, and the undersigned chiefs and warriors 28869 of the Pitavirate Noisy Pawnee tribe, on the part and behalf of 28870 their said tribe, of the other part. 28871 The parties, being desirous of establishing peace and friend- 28872 ship between the United States and the said tribe, have agreed 28873 to the following articles : 28874 Article 1. Every injury or act of hostility by one or either 28875 of the contracting parties against the other shall be mutually 28876 forgiven and forgot. 28877 Article 2. There shall be perpetual x)eace and friendship 28878 between all the citizens of the United States of America and all 28879 the individuals composing the said Noisy Pawnee tribe. 28880 Article 3. The undersigned chiefs and warriors, for them- 28881 selves and their said tribe, do hereby acknowledge themselves 28S82 to be under the protection of the United States of America, and 28883 of no other nation, power, or sovereign whatsoever. 28884 Article 4. The undersigned chiefs and warriors, for them- 28885 selves and the tribe they represent, do moreover promise and 646 28886 oblige themselves to deliver up, or cause to be delivered up, to 28887 the authority of the United States, (to be punished according to 28888 law,) each and every individual of the said tribe who shall, at 28889 any time hereafter, violate the stipulations of the treaty this day 28890 concluded between the said Noisy Pawnee tribe and the said 28891 States. 28892 Proclaimed January 7, 1819. 28893 PAWNEE EEPUBLIC. 28894 A treaty of peace and friendship made and concluded by and be- 28895 tween William Glark and Auguste Chouteau, commissioners 28896 of the United States of America, on the part and behalf of the 28897 said States, of the one part, and the undersigned chiefs and 28898 warriors of the Pawnee Republic, on the part and behalf of 28899 their tribe, of the other part. 28900 The parties, being desirous of establishing peace and friend- 28901 ship between the United States and the said tribe, have agreed 28902 to the following articles : 28903 Article 1. Every injury or act of hostility by one or 28904 either of the contracting parties against the other shall be 28905 mutually forgiven and forgot. 28906 Article 2, There shall be perpetual peace and friendship 28907 between all the citizens of the United States of America and 28908 all the individuals composing the said Pawnee tribe. 28909 Article 3. The undersigned chiefs and warriors, for them- 28910 selves and their said tribe, do hereby acknowledge themselves 28911 to be under the protection of the United States of America, and 28912 of no other nation, powei", or sovereign whatsoever. 28913 Article 4. The undersigned chiefs and warriors, for them - 28914 selves and the tribe they represent, do moreover promise and 28915 oblidge themselves to deliver up, or to cause to be delivered up, 28916 to the authority of the United States, (to be punished according 28917 to law,) each and every individual of the said tribe who shall, 28918 at any time hereafter, violate the stipulations of the treaty this. 28919 day concluded between the said Pawnee Kepublic and the said 28920 States. 28921 Proclaimed January 17, 1819. 647 28922 PAWNES— GRAND, LOUPS, EEPtJBLICANS, ETC. 28923 Treaty tcith the Pawnees ; articles of agreement and convention 28924 ' made this sixth day of August, A. D. 1848, at Fort Ghilds, 28925 near the head of Grand Island, on the south side of the 28926 Nebraska or Great Platte River, between Lieutenant- Colonel 28927 Ludwell E. Powell, commanding battalion Missouri Mounted 28928 Volunteers, en route to Oregon, in behalf of the United States, 28929 and the chiefs and head-men of the four confederated bands of 28930 Pawnees, viz: Grand Pawnees, Pawnee Loups, Pawnee Bepub- 28931 Means, and Paicnee Tappage, at present residing on the south 28932 side of the Platte River. 28933 Akticle 1. The confederated bands of the Pawnees hereby 28934 cede and relinquish to the United States all their right, title, 28935 and interest in and to all that tract of land described as follows, 28936 viz: Commencing on the south side of the Platte Eiver, five 28937 miles west of this post, " Fort Childs ;" thence due north to the 28938 crest of the bluffs north of said Platte River ; thence east and 28939 along the crest of said bluffs to the termination of Grand 28940 Island, supposed to be about sixty miles distant; thence south 28941 to the southern shore of said Platte River ; and thence west and 28942 along the southern shore of the said Platte River to the place 28943 of beginning. 28944 The land hereby conveyed is designated within the red lines ^945 of the following plat : 2^946 [Note. — Tlie red lines in the original plat are designated by 28947 dotted lines in this copy. ^-.,^.'-=" LHT. 40'SS' L0NC.99° NEARLY 28948 Aetiole 2. Ill consideration of the land hereby ceded and 28949 relinquished, the United iStates has this day paid, through Oap- 28950 tain Stewart Van Vlkt, assistant quartermaster United States 28951 Army, under an order from Lieutenant Colonel Ludwell B. 28952 Powell, commanding battalion Missouri Mounted Volunteers, to 648 28953 the said four bauds collectively, on the execution of this treaty, 28954 the amount of two thousand dollars in goods and merchandise, 28955 the receipt of which is hereby acknowledged. 28956 Article 3. The United States shall have the privilege of 28957 using any hard timber that may at any time be needed situate 28958 upon Wood Eiver, immediately north of the land hereby con- 28959 veyed. 28960 Article 4. The Pawnee Nation renew their assurance of 28961 friendship for the white men, their fidelity to the United States, 28962 and their desire for peace with all the neighboring tribes of In- 28963 dians. 28964 The Pawnee ISTation, therefore, faithfully promise not to 28965 molest or injure the property or person of any white citizen of 28966 the United States wherever found, nor to make war upon any 28967 tribes with whom said Pawnee tribes now are, or may hereafter 28968 be, at peace; but, should any diflSculty arise, they agree to refer 28969 the matter in dispute to such arbitration as the President of the 28970 United States may direct. 28971 Article 5. These articles of agreement and convention 28972 shall be binding and obligatory from this sixth day of August, 28973 A. D. 1848. 28974 Eatifled January 8, 1849. 28975 Articles of agreement and convention made this ninth day of Oc- 28976 tober, A. D. 1833, at the Grand Pawnee village, on the Platte 28977 River, hetween Henry L. JSlUivorth, commissioner in behalf of 28978 the United States, and the chiefs and head-men of the four con- 28979 federated bands of Pairnees, viz : Orand Pawnees, Pawnee 28980 Loups, Pawnee Republicans, and Pawnee Tappaye, residing on 28981 the Platte and the Loup Fork. 28982 Article 1. The confederated bauds of Pawnees aforesaid 28983 hereby cede and relinquish to the United States all their right, 28984 interest, and title in and to all the land lying south of the Platte 28985 Eiver. 28986 Article 2. The land ceded and relinquished hereby, so far 28987 as the same is not and shall not be assigned to any tribe or tribes, 28988 shall remain a common hunting-ground, during the pleasure of 28989 the President, for the Pawnees and other friendly Indians, who 28990 shall be permitted by the President to hunt on the same. 28991 Article 3. The United States, in consideration of said ces- 28992 sion, and for the purpose of advancing the welfare of the said 28993 Pawnees, agree to pay said bands annually, for the term of 28994 twelve years, the sum of forty-six hundred dollars in goods, at 28995 not exceeding St. Louis prices, as follows : to the Grand Paw- 28996 nees and Eepublican villages, each, thirteen hundred, dollars. 649 28997 and to the Pawnee Loups and Tappaye Pawnee villages, each, one 28998 thousand dollars, and said annuity to said Grand Pawnees is in 28999 fall remuneration for removal from the south to the north side 29000 of the Platte, and building again. 29001 Article 4. The United States agree to pay to each of said 29002 four bands, for five years, the sum of five hundred dollars, in 29003 agricultural implements; and to be continued longer if the 29004 President thinks proper. 29005 Article 5. The United States agree to allow one thousand 29006 dollars a year for ten years, for schools, to be established for the 29007 benefit of said four bands at the discretion of the President. 29008 Article 6. The United States agree to famish two black- 29009 smiths and two strikers, with shop, tools, and iron, for ten years, 29010 for said four bands, at an expense not exceeding two thousand 29011 dollars in the whole annually. 29012 Article 7. The United States agree to furnish each of said 29013 four tribes with a farmer for five years, and deliver to said 29014 farmers, for the benefit of said nation, one thousand dollars value 29015 in oxen and other stock. But said stock is not to be delivered 29016 into the hands of the said Pawnees until the President thinks 29017 the same can be done with propriety and safety. 29018 Article 8. The United States agree to erect, for each of 29019 said four bands, a horse-mill for grinding corn. 29020 Article 9. The Pawnee Nation renew their assurance of 29021 friendship for the white men, their fidelity to the United States, 29022 and their desire for peace with all neighboring tribes of red-men . 29023 The Pawnee Nation therefore agree not to molest or injure the 29024 person or property of any white citizen of the United States, 29025 wherever found, nor to make war upon any tribe with whom said 29026 Pawnee Nation now are, or may be, at peace; but should any 29027 difficulty arise between said nation and any other tribe, they 29028 agree to refer the matter in dispute to such arbiter as the Pres- 29029 ident shall appoint to settle the same. 29030 Article 10. It is agreed and understood that the United 29031 States shall not be bound to fulfil the stipulations contained in 29032 the fifth, seventh, and eighth articles until said tribes shall lo- 29033 cate themselves in convenient agricultural districts, and remain 29034 in these districts the whole year, so as to give protection to the 29035 teachers, the farmers, stock, and mill. 29036 Article 11 . The United States, desirous to show the Paw- 29037 nees the advantages of agriculture, engage, in case the Pawnees 29038 cannot agree to remain to protect their domestic interest, to 29039 break up for each village a piece of land suitable for corn and 29040 potatoes for one season ; and should either village at any time 29041 agree to give the protection required, said village shall be en- 82 IT 650 29042 titled to the benefits conferred in said fifth, seventh, and eighth 29043 articles. 29044 Article 12. In case the Pawnee Nation will remain at 29045 home during the year, and give the protection specified, the 29046 United States agree to place twenty-five guns, -with suitable 29047 ammunition, in the hands of the farmers of each village, to be 29048 used in case of an attack from hostile bands. 29049 Article 13. The United States further agree to deliver to 23050 said four bands collectively, on the execution of this treaty, the 29051 amount of sixteen hundred dollars in goods and merchandise, 29052 and the receipt of the same is hereby acknowledged by said 29053 bands. 29054 Article 14. These articles of agreement and convention 29055 shall be obligatory and binding when ratified by the President 29056 and Senate of the United States. 29057 Proclaimed April 12, 1834. » 29058 By the President of the United States of America : 29059 A proclamation. 29060 To all and singular to whom these presents shall come, greeting : . 29061 Whereas a treaty was made and concluded at Table Creek, 29062 in the Territory of Nebraska, on the twenty-fourth day of Sep- 29063 tember, one thousand eight hundred and fifty-seven, between 29064 the United States of America, by James W. Denver, commis- 29065 sioner duly authorized thereto, and the chiefs and head-men of 29066 the four confederate bands of Pawnee Indians, viz: Grand 29067 Pawnees, Pawnee Loups, Pawnee Eepublicans, and Pawnee 29068 Tappahs, and generally known as the Pawnee tribe, which treaty 29069 is in the following words, to wit : 29070 Articles of agreement and convention made this twenty-fourth 29071 day of September, A. D. 1857, at Table Creek, Nebraska 29072 Territory, between James W. Denver, commissioner on be- 29073 half of the United States, and the chiefs and head-men of 29074 the four confederate bands of Pawnee Indians, viz : Grand 29075 Pawnees, Pawnee Loups, Pawnee Eepublicans, and Pawnee 29076 Tappahs, and generally known as the Pawnee tribe. 29077 Article 1. The confederated bands of the Pawnees afore- 29078 said hereby cede and relinquish to the United States all their 29079 right, title, and interest in and to all the lands now owned or 29080 claimed by them, except as hereinafter reserved, and which are 29081 bounded as follows, viz : On the east by the lands lately pur- 29082 chased by the United States from the Omahas ; on the south by 29083 the lands heretofore ceded by the Pawnees to the United States ; 29084 on the west by a line rj|nning due north from the junction of 651 29085 the North with the South Fork of the Platte Eiver to the Keha- 29086 Paha Eirer ; and oa the north by the Keha-Paha Eiver to its 29087 junction with the Niobrara, L'eaugui Court, or Eunning-Water 2908S Eiver ; and thence, by that river, to the western boundary of the 29089 late Omaha cession. Out of this cession the Pawnees reserve a 29090 tract of country, thirty miles long from east to west by fifteen 29091 miles wide from north to south, including both banks of the 29092 Loup Fork of the Platte Eiver, the east line of which shall be 29093 at a point not further east than the mouth of Beaver Creek. If, 29094 however, the Pawnees, in conjunction with the United States 29095 agent, shall be able to find a more suitable locality for their 29096 future homes within said cession, then they are to have the 29097 privilege of selecting an equal quantity of land there in lieu of 29098 the reservation herein designated, all of which shall be done as 39099 soon as practicable ; and the Pawnees agree to remove to their 29100 new homes, thus reserved for them, without cost to the United 29101 States, within one year from the date of the ratification of this 29102 treaty by the Senate of the United States, and, until that time, 29103 they shall be permitted to remain where they are now residing, 29104 without molestation. 29105 Article 2. In consideration of the foregoing cession, the 29106 United States agree to pay to the Pawnees the sum of forty 29107 thousand dollars per annum, tor five years, commencing on the 29108 first day of January, A. D. eighteen hundred and fifty-eight 29109 and, after the end of five years, thirty thousand dollars per an- 29110 num, as a perpetual annuity, at least one-half of which annual 29111 payments shall be made in goods and such articles as may be 29112 deemed necessary for them. 29113 And it is further agreed that the President may, at any 29114 time, in his discretion, discontinue said perpetuity by causing 29115 the value of a fair commutation thereof to be paid to or ex- 29116 pended for the benefit of said Indians in such manner as to him 29117 shall seem proper. 29118 Aetiole 3. In order to improve the condition of the Paw- 29119 nees and teach them the arts of civilized life, the United States 29120 agree to establish among them, and for their use and benefit, 29121 two manual-labor schools, to be governed by such rules and 29122 regulations as may be prescribed by the President of the United 29123 States, who shall also appoint the teachers, and, if he deems it 29124 necessary, may increase the number of schools to four, lo these 29125 schools there shall be taught the various branches of a common- 29126 school education, and, in addition, the arts of agriculture, the 29127 most useful mechanical arts, and whatever else the President 29128 may direct. The Pawnees, on their part, agree that each and 29129 every one of their children, between the ages of seven and 29130 eighteen years, shall be kept constantly at these schools for at 652 29131 least niue months in each year ; and if any parent or guardian 29132 shall fail, neglect, or refuse to so keep the child or children under 29133 his or her control at such school, then, and in that case, there 29134 shall be deducted from the annuities to which such parent or 29135 guardian would be entitled, either individually or as parent or 29136 guardian, an amount equal to the value in time of the tuition thus 29137 lost; but the President may at any time change or modify this 29138 clause as he may think proper. The chiefs shall be held re- 29139 sponsible for the attendance of orphans who have no other 29140 guardians; and the United States agree to furnish suitable 29141 houses and farms for said schools, and whatever else may be 29142, necessary to put them in successful operation; and a suqi not 29143 less than five thousand dollars per annum shall be applied to 29144 the support of each school, so long as the Pawnees shall, in 29145 good faith, comply with the provisions of this article ; but if at 29146 any time the President is satisfied they are not doing so, he 29147 may, at his discretion, discontinue the schools in whole or in 29148 part. 29149 Article 4. The United States agree to protect the Paw- 29150 nees in the possession of their new homes. The United States also 29151 agree to furnish the Pawnees — 29152 First, with two complete sets of blacksmith, gunsmith, and 29153 tinsmith tools, not to exceed in cost seven hundred and fifty 29154 dollars ; and erect shops at a cost not to exceed five hundred 29155 dollars; also five hundred dollars annually, during the pleasure 29156 of the President, for the purchase of iron, steel, and other ne- 29157 cessaries for the same. The United States are also to furnish 29158 two blacksmiths, one of whom shall be a gunsmith and tinsmith; 29159 but the Pawnees agree to furnish one or two young men of their 29160 tribe to work constantly in each shop as strikers or apprentices, 29161 who shall be paid a fair compensation for th eir labor. 29162 Second. The United States agree to furnish farming utensils 29163 and stock, worth twelve hundred dollars per annum, for ten 29164 years, or during the pleasure of the President, and for the first 29165 year's purchase of stock, and for erecting shelters for the same 29166 an amount not exceeding three thousand dollars, and also to em- 29167 ploj' a farmer to teach the Indians the arts of agriculture. 29168 Third. The United States agree to have erected on said 29169 reservation a steam-mill, suitable to grind grain and to saw lum. 29170 ber, which shall not exceed in cost six thousand dollars, and to 29171 keep the same in repair for ten years ; also, to employ a miller 29172 and engineer for the same length of time, or longer, at the dis- 29173 cretion of the President; the Pawnees agreeing to furnish ap. 29174 prentices, to assist in working the mill, who shall be paid a fair 29175 compensation for their services. 29176 Fourth. The United States agree to erect dwelling-houses 663 29177 for the interpreter, blacksmiths, farmer, miller, aud engineer, 2917S -which shall not exceed in cost five hundred dollars each ; and 29179 the Pawnees agree to prevent the members of their tribe from 29180 injuring or destroying the houses, shops, machinery, stock, farm- 29181 ing utensils, and all other things furnished by the Government, 29182 and if any such shall be carried away, injured, or destroyed by 29183 any of the members of their tribe, the value of the same shall be 29184 deducted from the tribal annuities. Whenever the President 29185 shall become satisfied that the Pawnees have sufaciently ad- 29186 vanced in the acquirement of a practical knowledge of the arts 29187 and pursuits to which this article relates, then, and in that case, 29188 he may turn over the property to the tribe, and dispense with 29189 the services of any or all of the employees herein named. 29190 Aeticle 6. The Pawnees acknowledge their dependence 29191 on the Government of the United States, and promise to bo 29192 friendly with all the citizens thereof, and pledge themselves to 29193 commit no depredations on the property of such citizens, nor on 29194 that of any other person belonging to any tribe or nation at 29195 peace with the United States. And should any one or more of 29196 them violate this pledge, and the fact be satisfactorily proven 29197 before the agent, the property taken shall be returned, or, in de- 29198 fault thereof, or if injured or destroyed, compensation may be 29199 made by the Government out of their annuities. jSTor will they 29200 make war on any other tribe, except in self defence, but will sub- 29201 mit all matters of difference between them aud other Indians to 29202 the Government of the United States, or its agent, for decision, 29203 and abide thereby. 29204 Article 6. The United States agent may reside on or near 29205 the Pawnee reservation ; and the Pawnees agree to permit the 29206 United States to build forts and occupy mibtary posts on their 29207 lauds, and to allow the whites the right to open roads through 29208 their territories ; but no white person shall be allowed to reside on 29209 any part of said reservation unless he or she be in the employ of 29210 the United States, or be licensed to trade with said tribe, or be 29211 a member of the family of such employ^ or licensed trader ; nor 29212 shall the said tribe, or any of them, alienate any part of said 29213 reservation except to the United States; but, if they think 29214 proper to do so, they may divide said lands among themselves, 29215 giving to each person, or each head of a family, a farm, subject 29216 to their tribal regulations, but in no instance to be sold or dis- 29217 posed of to persons outside, or not themselves of the Pawnee 29218 tribe. 29219 Aeticle 7. The United States agree to furnish, in addition 29220 to the persons heretofore mentioned, six laborers for three years, 29221 but it is expressly understood that while these laborers are to 29222 be under the control and subject to the orders of the United 654 29223 States agent, they are employed more to teach the Pawnees how 29224 to manage stock and use the implements furnished than as 29225 merely laboring for their benefit; and foi> every laborer thus 29226 furnished by the United States, the Pawnees engage to furnish 29227 at least three of their tribe to work with them, who shall also 29228 be subject to the orders of the agent, and for whom the chiefs 29229 shall be responsible. 29230 Article 8. The Pawnees agree to deliver up to the officers 29231 of the United States all offenders against the treaties, laws, or 29232 regulations of the United States, whenever they may be found 29233 within the limits of their reservation ; and they further agree 29234 to assist such officers in discovering, pursuing, and capturing 29235 any such offender or offenders, anywhere, whenever called on so 29236 to do ; and they agree, also, that if they violate any of the 29237 stipulations contained in this treaty, the President may, at his 29238 discretion, withhold a part or the whole of the annuities herein 29239 provided for. 29240 Aeticlb 9. The Pawnees desire to have some provision 29241 made for the half-breeds of their tribe. Those of them who 29242 have preferred to reside and are now residing in the nation, are 29243 to be entitled to equal rights and privileges with other members 29244 of the tribes, but those who have chosen to follow the pursuits 29245 of civilized life, and to reside among the whites, viz : Baptiste 29246 Bayhylle, William Bayhylle, Julia Bayhylle, Prank Tatahyee, 29247 William Nealis, Julia Iifealis, Catharine Papan, Politte Papan, 29248 Rousseau Papan, Charles Papan, Peter Papan, Emily Papan, 29249 Henry Geta, Stephen Geta, James Cleghorn, Eliza Deroine, are 29250 to be entitled to scrip for one hundred and sixty acres, or one 29251 quarter section of land for each, provided application shall be 29252 made for the same within five yeats from this time, which scrip 29253 shall be receivable at the United States land-ofSces the same as 20254 military bounty-land warrants, and be subject to the same rules 29255 and regulations. 29256 Article 10. Samuel Allis has long been the firm friend of 29257 the Pawnees, and in years gone by has ministered to their wants 29258 and necessities. When in distress, and in a state of starvation, 29259 they took his property and used it for themselves, and when the 29260 small-pox was destroying them, he vaccinated more than two 29261 thousand of them ; for all these things, the Pawnees desire that 29262 he shall be paid, but they think the Government should pay a 29263 part. It is therefore agreed that the Pawnees will pay to said 29264 Allis one thousand dollars, and the United States agree to pay 29265 him a similar sum of one thousand dollars, as a full remunera- 29266 tion for his services and losses. 29267 Article 11. Ta-ra-da-ka-wa, head-chief of the Tappahs 29268 band, and four other Pawnees, having been out as guides for 655 29269 the United States troops in their late expedition against the 29270 Oheyennes, and having to return by themselves, were overtaken 29271 and plundered of everything given them^by the officers of the 29272 expedition, as well as their own property, barely escaping with 29273 their lives ; and the value of their services being fully acknowl- 29274 edged, the United States agree to pay to each one of them one 29275 hundred dollars, or, in lieu thereof, to give to each a horse worth 29276 one hundred dollars in value. 29277 Article 12. To enable the Pawnees to settle any just 29278 claims at present existing against them, there is hereby set 29279 apart, by the United States, ten thousand^dollars, out of which 29280 the same may be paid, when presented, and proven to the satis- 29281 faction of the proper department ; and the Pawnees],hereby re- 29282 linquish all claims they may have against the United States 29283 under former treaty stipulations. 29284 Proclaimed;May 26,1858. 29285 PIANKISHAWS. 29286 A treaty between the United States of America and the Pianheshaiv 29287 trihe of Indians. 29288 The President of the United States, by William Henry Har- 29289 rison, governor of the Indiana Territory, superiutendent of In- 29290 diau affairs, and commissioner plenipotentiary of the United 29291 States for concluding any treaty or treaties which may be found 29292 necessary with any of the Indian tribes northwest of the river 29293 Ohio ; and the chiefs and head-men of the Pianteshaw tribe, 29294 have agreed to the following articles, which, when ratified by 29295 the President of the United States, by and with the advice and 29296 consent of the Senate, shall be binding upon the said parties. 29297 Article 1. The Piaukeshaw tribe relinquishes and cedes 29298 to the'UnitedrStates forever all that tract of country which lies 29299 between the Ohio and Wabash Elvers, and below Clark's grant, 29300 and the tract called the Vincennes tract, which was ceded by 29301 the treaty of Fort Wayne, and a line connecting the said tract 29302'T andggrant, to beMrawn'parallel to the'geueral course of the road 29303 leading from Vincennes to the Falls of the Ohio, so as not to pass 29304 more than half a'mile^to the northward of the most northerly 29305 bend of said road. 29306 Article 2. The Piaukeshaw tribe acknowledges explicitly 29307 the right of the Kaskaskia tribe to sell the country which they 29308 have lately ceded to the United States, and which is separated 29309 from the lands of the Piankeshaws by the ridge or high laud 29310 which divides the waters of the Wabash from the waters of the 656 29311 Saline Creek ; and by that which divides the waters of the said 29312 Wabash from those which flow into the Au-vase and other 29313 branches of the Mississippi. 29314 Article 3. An additional annuity of two hundred dollars 29315 shall be paid by the United States to the said tribe for ten years, 2931G .in money, merchandize, provisions, or domestic animals, and 29317 implements of husbandry, at the option of the said tribe ; and 29318 this annuity, together with goods to the value of seven hundred 29319 dollars, which are now delivered to them by the commissioner 29320 of the United States, is considered as a full compensation for 29321 the above-mentioned relinquishment. 29322 Akticlb 4. The United States reserve to themselves the 29323 right of dividing the whole annuity which Ihey pay to the said 29324 tribe amongst the families which compose the same ; allowing 29325 always a due proportion for the chiefs. And the said chiefs?, 29326 whenever the President of the United States may require it, 29327 shall, upon proper notice being given, assemble their tribe for 29328 the purpose of effecting this arrangement. 29329 Proclaimed February 6, 1805. 29330 A treaty beticeen the United States of America and the Pianlcishaw 29331 tribe of Indians. 29332 Articles of a treaty made at Vinceunes, in the Indian Territory, 29333 between William Henry Harrison, governor of the said Ter- 29334 ritory, superintendent of Indian affairs and commissioner 29335 plenipotentiary of the United States for concluding any 2933G treaty or treaties which may be found necessary with any of 29337 the Indian tribes northwest of the Ohio, of the one part, 29338 and the chiefs and head-men of the Piankishaw tribe of the 29339 other part. 29340 Akticlb 1. The Piankishaw tribe cedes and relinquishes 29341 to the United States forever all that tract of country (with the 29342 exception of the reservation hereinafter made) which lies be- 29343 tween the Wabash and the tract ceded by the Kaskaskia tribe in l"9344 the year one thousand eight hundred and three, and south of a 29345 line to be drawn from the northwest corner of the Vincennes 29346 tract, north seventy-eight degrees west, until it intersects the 29347 boundary-line which has heretofore separated the lands of the 29348 Piankeshaws from the said tract ceded by the Kaskaskia tribe. 29349 Article 2. The United States take the Piankishaw tribe 29350 under their immediate care and patronage, and will extend to 29351 tijem a protection as effectual as that which is enjoyed by the 29352 Kaskaskia tribe; and the said Piankishaw tribe will never com- 29353 rait any depredations or make war upon any of the other tribes 29354 without the consent of the United States. 657 29355 Article 3. The said United States will cause to be deliv- 29356 ered to the Piankishaws yearly, and every year, an additional 29357 annuity of three hundred dollars, which is to be p lid in the same 29358 manner and under the same conditions as that to which they are 29359 entitled by the treaty of Greenville : Provided, always, That the 29360 United States may, at any time they shall think proper, divide 29361 the said annuity amongst the individuals of the said tribe. 29362 Article 4. The stipulations made in the preceding articles, 29363 together with the sum of one thousand one hundred dollars, 29364 which is now delivered, the receipt whereof the said chiefs do 29365 hereby acknowledge, is considered a full compensation for the 29366 cession and relinquishments above mentioned. 29367 Article 5. As long as the lands now ceded remain the 29368 property of the United States, the said tribe shall have the priv- 29369 ilege of living and hunting upon them in the same manner that 29370 they have heretofore done ; and they reserve to themselves the 29371 right of locating a tract of two square miles, or twelve hundred 29372 and eighty acres, the fee of which is to remain with them forever. 29373 Article 6. This treaty shall be in force as soon as it shall 29374 be ratified by the President of the United States, by and with 29375 the advice of the Senate. 29376 Proclaimed May 23, 1807. 29377 A treaty of peace and friendship made and concluded between 29378 William Glarlc, Ninian Edwards, andAuguste Chouteau, coin- 29379 missioners plenipotentiary of the United States of America, on 29380 the part and behalf of the said States, of the one part, and the 29381 undersigned, chiefs and warriors of the Piankishaw Tribe or 29382 Nation, on the part and behalf of the said tribe or nation, of 29383 the other part. 29384 The parties being anxious of re-establishing peace and 29385 friendship between the United States and the said tribe or 29386 nation, and of being placed in all things and in every respect 29387 on the same footing upon which they stood before the war, have 29388 agreed to the following articles : 29389 Article 1. Every injury or act of hostility by one or either 29390 of the contracting parties against the other shall be mutually 29391 forgiven and forgot. 29392 Article 2. There shall be perpetual peace and friendship 29393 between all the citizens of the United States of America and all 29394 the individuals composing the Piankishaw tribe or nation. 29395 Article 3. The contracting parties, in the sincerity of mu- 29396 tual friendship, recognise, re-establish, and confirm all and every 29397 treaty, contract, or agreement heretofore concluded between the 29398 United States and the said Piankishaw tribe or nation. 29399 Eatified December 26, 1815. 83 IT 658 29400 PIANKISHAWS AND WEAS. 29401 Articles of a treaty made and concluded at Castor Mill, in the county 29402 of Saint Louis, and State of Missouri, between William GlarJc, 29403 Frank J. Allen, and Nathan Kouns, commissioners on the part 29404 of the United States, of the one part, and the undersigned chiefs, 29405 warriors, and counsellors, of the PianTceshaw and Wea tribes 29406 of Indians,, in behalf of their said tribes, of the other part. 29407 Article 1. The uadersignod chiefs, warriors, and consid. 29408 erate men, for themselves and their said tribes, for and in con- 29409 sideration of the stipulations hereinafter made, do hereby cede 29410 and relinqush to the United States forever, all their right, title, 29411 and interest to and in lands within the States of Missouri and 29412 Illinois — ^hereby confirming all treaties heretofore made between 29413 their respective tribes and the United States, and relinquishiffg 29414 to them all claim to every portion of their land which may have 29415 been ceded by any portion of their said tribes. 29416 Aeticle 2. The United States cede to the Piankeshaw and 29417 Wea tribes, for their permanent residence, two hundred and fifty • 29418 sections of land within the limits of the survey of the lands set 29419 apart for the Piankeshaws, Weas, and Peorias, bounded east 29420 by the western boundary line of the State of Missouri, for fifteen 2942L miles; north by the southern boundary of the lands assigned 29422 to the Shawanoes ; west by lands assigned to the Peorias and 29423 Kaskaskias, and south by the southern line of the original tract 29424 surveyedforthe Piankeshaws, Weas, and Peorias,jthe tract being 29425 intended to include the present villages of the said Piankeshaws 29426 and Weas. 29427 Article 3. As a full equivalent to the said Piankeshaw 29428 tribe for their claim for salt annuities, for improvements on the 29429 lands they moved from within the State of Missouri, and for 29430 horses lost when moving, the United States agree to pay them 29431 after the ratification of this treaty, cattle, hogs, and such farm- 29432 ing utensils as may be required by said tribe on their land, to 29433 the amount of five hundred dollars annually, for five years ; the 29434 sum of seven hundred and fifty dollars will also be expended in 29435 assistance to said tribe in agriculture, and improvements on the 29436 land hereby ceded to them, together witli the sum of two hun- 29437 dred dollars in merchandize and cash paid at the signing of 29438 this treaty, the receipt whereof is hereby acknowledged by said 29439 tribe. 29440 Article 4. As a full equivalent to the Wea tribe, for the im. 29441 pro vements made by them on the lands of the United States which 29442 they removed from, for horses lost in consequence of such re- 29443 moval, and for all other claims which they have preferred, the 659 29444 United States agree to pay them after the ratiiication of this 29445 treatj', cattle, hogs, and farming utensils on their land to the 29446 amount of five hundred dollars, together with two hundred dol- 29447 lars this day paid them in cash and merchandize, the receipt of 29448 which is hereby acknowledged. The United States will also 29449 afford some assistance to that part of the Wea tribe now resid- 29450 ing in the State of Indiana, to enable them to join the rest of 29451 their tribe on the lands hereby assigned them, and will aho 29452 furnish said portion of the tribe with provisions for one year 29453 after their arrival. 29454 Aeticle 5. The United States will also support a black- 29455 smith's shop for iive years at a convenient place between the 29456 lands hereby ceded the said Piankeshaws and Weas, and the 29457 lands assigned to the Kaskaskias and Peorias ; which shop is 29458 to be for the benefit of the said tribes of Piankeshaws, Weas, 29459 Peorias, and Kaskaskias in common. 29460 Aeticle 6. This treaty to be obligatory on the contracting 29461 parties when ratified by the President and Senate of the United 29462 States. 29463 Proclaimed February 23, 1833. 29464 PONCAS. 29465 Treaty between the United States and the Ponca tribe of Indians, 29466 concluded at Washington March 12, 1858 ; ratified by the 29467 Senate March 8, 1859. 29468 James Buchanan, President of the United States, to all and 29469 singular to whom these presents shall come, greeting : 29470 Whereas a treaty was made and concluded at the city of 29471 Washington, on the twelfth day of March, one thousand eight 29472 hundred and fifty-eight, by Charles B. Mix, commissioner on the 29473 part of the United States, and Wa-gah-sah-pi, or Whip ; Gish- 29474 tah-wah-gu, or Strong Walker; Mitchell P. Cera, or Wash-kom- 29476 moni; A-shnoni-kah-gah-hi, or Lone Chief; Shu-kah-bi, or 29476 Heavy Clouds ; Tah-tungah-nushi, or Standing Bufi'alo, on the 29477 part of the Ponca tribe of Indians, they being duly authorized 29478 and empowered thereto by said tribe ; which treaty is in the 29479 words and figures following, to wit : 29480 Articles of agreement and convention made and concluded at 29481 the city of Washington, on the twelfth day of March, one 29482 thousand eight hundred and fifty-eight, by Charles E. Mix, 29483 commissioner on the part of the United States, and Wa- 29484 gah-sah-pi, or Whip ; Gish-tah-wah-gu, or Strong Walker ; 660 29485 Mitchell P. Oera, or Wash-kom-moni ; A-shno-ni-kali-gah-hi, 29486 or Lone Chief; Shu-kah-bi, or Heavy Clouds; Tah-tungah- 29487 nushi, or Standing Buffalo, on the part of the Ponca tribe 29488 of Indians; they being thereto duly authorized and empow- 29489 ered by said tribe. 29490 Article 1. The Ponca tribe of Indians hereby cede ai d 29491 relinquish to the United States all the lands now owned ( r 29492 claimed by them, wherever situate, except the tract bounded as 29493 follows, viz : Beginning at a point on the Neobrara Eiver and 29494 running due north, so as to intersect the Ponca Eiver twenty-five 29495 miles from its mouth; thence from said point of intersection, up 29496 and along the Ponca Eiver, twenty miles ; thence due 29497 south to the Neobrara Eiver; and thence doAvn and along said 29498 river to the place of beginning ; which tract is hereby reserved 29499 for the future homes of said Indians ; and to which they agree 29500 and' bind themselves to remove within one year from the date of 29501 the ratification of this agreement by the Senate and President 29502 of the United States. 29503 Aeticle 2. In consideration of the foregoing cession and 29504 relinquishment, the United States agree and stipulate as fol- 29505 lows, viz : 29506 First. To protect the Poncas in the possession of the tract 29507 of land reserved for their future homes, and their persons and 29508 property thereon, during good behavior on their part. 29509 Second. To pay to them, or expend tor their benefit, the sum 29510 of twelve thousand dollars ($12,000) per annum for five years ; 29511 commencing with the year in which they shall remove to and 29512 settle upon the tract reserved for their future homes ; ten thou- 29513 sand dollars ($10,000) per annum for ten years, from and after 29514 the expiration of the said five years ; and thereafter eight thou- 29515 sand dollars ($8,000) per annum for fifteen years ; of which sums 29516 the President of the United States shall, from time to time, de- 29517 termine what proportion shall be paid to the Poncas in cash, and 29518 what proportion shall be expended for their benefit ; and also 29519 in what manner or for what objects such expenditure shall be 29520 made. He shall likewise "exercise the power to make such pro- 29521 vision out of the same as he may deem to be necessary and 29522 proper for the support and comfort of the aged and infirm mem- 29523 bers of the tribe. 29524 In case of any material decrease of the Poncas in number, 29525 the said amounts shall be reduced and diminished in proportion 29526 thereto, or they may, at the discretion of the President, be dis- 29527 continued altogether should said Indians fail to make satisfac- 29528 tory efforts to advance and improve their condition ; in which 29529 case such other provision shall be made for them as the Presi- 29530 dent and Congress may judge to be suitable and proper. 661 29531 Third. To expend the sum of twenty thousand dollars 29532 ($20,000) in maintaining and subsisting the Ponoas during the 29533 first year after their removal to their new homes, purchasing 29534 stock and agricultural implements, breaking up and fencing 29535 land, building houses, and in making such other improvements 29536 as may be necessary for their comfort and welfare. 29537 Fourth. To establish and to maintain for ten years, at an 29538 annual expense not to exceed five thousand dollars, ($5,000,) 29539 one or more manual-labor schools for the education and training 29540 of the Ponca youth in letters, agriculture, the mechanic arts, 29541 and housewifery ; which school or schools shall be managed and 29542 conducted in such manner as the President of the United States 29543 shall direct; the Poncas hereby stipulating to constantly keep 29544 thereat, during at least nine months in every year, all their chil- 29545 dren between the ages of seven and eighteen years ; and that, 29546 if this be not done, there shall be deducted from the shares of 29547 the annuities due to the parents, guardians, or other persons 29548 having control of the children, such amounts as may be propor- 29549 tioned to the deficiency in their time of attendance, compared 29550 with the said nine months, and the cost of maintaining and ed- 29551 ncating the children during that period. It is further agreed 29552 that such other measures may be adopted to compel the attend- 29553 ance of the children at the school or schools as the President 29554 may think proper and direct; and whenever he shall be satis - 29555 fled of a failure to fulfil the aforesaid stipulation on the part of 29556 the Poncas, he may, at his discretion, diminish or wholly dis- 29557 continue the allowance and expenditure of the sum herein set 29558 apart for the support and maintenance of said school or schools. 29559 Fifth. To provide the Poncas with a mill suitable for grind- 29560 ing grain and sawing timber, one or more mechanic shops, with 29561 the necessary tools for the same, and dwelling-houses for an in- 29562 terpreter, miller, engineer for the mill, if one be necessary, 29563 farmer, and the mechanics that may be employed for their 29564 benefit, the whole not to exceed in cost the sum of ten thousand ^ 29565 five hundred dollars, ($10,500;) and also to expend annually, 29566 for ten j'ears, or during the pleasure of the President, an amount 29567 not exceeding seven thousand five hundred dollars, ($7,500,) for 29568 the purpose of furnishing said Indians with such aid and assist- 29569 ance in agricultural and mechanical pursuits, including the 29570 working of said mill, as the Secretary of the Interior may con- 29571 sider advantageous and necessary for them ; the Poncas hereby 29572 stipulating to furnish from their tribe the number of young men 29573 that may be required as apprentices and assistants in the mill 29574 and mechanic shops, and at least three persons to work con- 29575 stantly with each laborer employed for them in agricultural pur- 29576 suits, it being understood that such laborers are to be employed 662 li9577 more for the instruction of the Indians than merely to work 29578 for their benefit. The persons so to be furnished by the tribe 29579 shall be allowed a fair and just compensation for their services, 29580 to be fixed by the Secretary of the Interior. 29581 . The Poncas further stipulate and bind themselves to pre- 29582 vent any of the members of their tribe from destroying or in- 29583 juring the said houses, shops, mill, machinery, stock, farming 29584 utensils, or any other thing furnished them by the Government ; 29585 and in case of any such destruction or injury, or of any of the 29586 tMngs so furnished being carried off by any member or mem- 29587 bers of their tribe, the value of the same shall he deducted from 29588 the tribal annuities. And whenever the President shall be 29589 satisfied that the Poncas have become sufQciently confirmed in 29590 habits of industry, and advanced in acquiring a practical knowl- 29591 edge of agriculture and the mechanic arts, he may, at his dis- 29592 cretion, cause to be turned over to the tribe all of the said houses 29593 and other property furnished them by the United States, and 29594 dispense with the services of any or all of the persons herein- 29595 before stipulated to be employed for their benefit and assist- 29596 ance. 29597 Sixth. To provide and set apart the sum of twenty thou 29598 sand dollars ($20,000) to enable the Poncas to adjust and settle 29599 their existing obligations and engagements, including depreda- 29600 tions committed by them on property of citizens of the United 29601 States prior to the date of the ratification of this agreement, so 29602 far as the same may be found and decided by their agent to be 29603 valid and just, subject to the approval of the Secretary of the 29604 Interior ; and in consideration of the long-continued friendship 29605 and kindness of Joseph HoUman and William G. Crawford 29606 toward the Poncas, of their furnishing them when in distress 29607 with large quantities of goods and provisions, and of their good 29608 counsel and advice, in consequence of which peace has often 29609 been preserved between the Poncas and other Indians and the 29610 whites, it is agreed that out of the above-mentioned amount 29611 they shall be paid the sum of three thousand five hundred dol- 29612 lars, ($3,500,) and the sum of one thousand dollars ($1,000) shall 29613 in like manner be paid to Jesse Williams, of Iowa, in full for 29614 his claim, as such has been admitted by the Poncas for depre- 29615 dations committed by them on his property. 29616 Article 3. The Poncas being desirous.of making provision 29617 for their half-breed relatives, it is agreed that those who prefer 29618 and elect to reside among them shall be permitted to do so, and 29619 be entitled to and enjoy all the rights and privileges of mem- 29620 bers of the tribe ; but to those who have chosen and left the 29621 tribe to reside among the whites and follow the pursuits of civil- 29622 ized life, viz: Charles Leclaire, Fort Piere, K T.; Cillaste Lee- 663 29623 laire, Pottowattoinie, K. T.; Ciprian Leclaire, St. Louis, Mis- 29624 souri; (Tulia Harvey, Omaha, K T.j Jenny Euleau, Sioux City 29625 Iowa; David Leclaire, Amelia Deloge, and Laura Deloge, at 29626 the Omaha mission, there shall be issued scrip for one hundred 29627 and sixty acres of land each, which shall be receivable at the 29628 United States land-oflaces in the same manner, and be subject to 29629 the same rules and regulations as military bounty-land warrants. 29630 And in consideration of the faithful services rendered to the 29631 Poncas by Francis Eoy, their interpreter, It is agreed that scrip 29632 shall, in the like manner and amount, be issued to his wife and to 29633 each of his six children now living, without their being required 29634 to leave the nation': Provided, That application for the said 29635 scrip shall be made to the Commissioner of Indian Affairs within 29636 five years from and after the date of the ratification of tbis 29637 agreement. 29638 Aeticle 4. The United States shall have the right to es- 29639 tablish and maintain such military posts, roads, and Indian 29640 agencies as inay be deemed necessary within the tract of country 29641 hereby reserved for the Poncas, but no greater quantity of land 29642 or timber shall be used for said purposes than shall be actually 29643 requisite ; and if, in the establishment or maintenance of such 29644 posts, roads, and agencies, the property of any Ponca shall be 29645 taken, injured, or destroyed, just and adequate compensation 29646 shall be made therefor by the United States. And all roads or 29647 highways authorized by competent authority, other than the 29648 United States, the lines of which shall lie through said tract, 29649 shall have the right of way through the same; the fair and just 29650 value of such right being paid to the Poncas therefor by the party 29651 or parties authorizing the same or interested therein ; to be as- .29652 sessed and determined in such manner as the President of the 29653 United States shall direct. 29654 Aeticle 5. No white person, unless in th^employment of 29655 the United States, or duly licensed to trade with the Poncas, or 29656 members of the family of such persons, shall be permitted to 29657 reside, or to make any settlement, upon any part of the tract 29658 herein reserved for said Indians, nor shall the latter alienate, 29659 sell, or in manner dispose of any portion thereof, except to the 29660 United States ; but, whenever they may think proper, they may 29661 divide said tract among themselves, giving to each head of a 29662 family or singfe person a farm, with such rights of possession, 29663 transfer to any other member of the tribe, or of descent to their 29664 heirs and representatives, as may be in accordance with the laws, 29665 customs, and regulations of the tribe. 29666 Aeticle 6. Such persons as are now lawfully residing on 29667 the lands herein ceded by the Poncas shall each have the privi- 29668 lege of entering one hundred and sixty acres thereof, to include 664 29669 any improvements they may have, at one dollar and twenty-five 29670 cents per acre. * 29671 Article 7. The Poncas acknowledge their dependence upon 29672 the Government of the United States, and do hereby pledge and 29673 bind themselves to preserve friendly relations with the citizens 29674 thereof, and to commit no injuries or depredations on their per- 29675 sons or property, nor on those of members of any other tribe ; 29676 but, in case of any such injury or depredation, full compensation 29677 shall, as far as practicable, be made therefor out of their tribal 29678 annuities ; the amount in -all cases to be determined by the Sec- 29679 retary of the Interior. They further pledge themselves not to 29680 engage in hostilities with any other tribe, unless in self-defence, 29681 but to submit, through their agent, all matters of dispute and 29682 difaculty between themselves and other Indians for the decision 29683 of the President of the United States, and to acquiesce in and 29684 abide thereby. They also agree, whenever called upoa by the 29685 proper officer, to deliver up all offenders against the treaties, 29686 laws, or regulations of the United States, who may be within 29687 the limits of their reservation, and to assist in discovering, pur- 29688 suing, and capturing all such offenders, whenever required to do 29689 so by such officer. 29690 Article 8. To aid in preventing the evils of intemperance? 29691 it is hereby stipulated that if any of the Poncas shall drink, or 29692 procure for others, intoxicating liquor, their proportion of the 29693 tribal annuities shall be withheld from them for at least one 29694 year ; and for a violation of any of the stipulations of this agree- 29695 ment on the part of the Poncas, they shall be liable to have their 29696 annuities withheld, in whole or in part, and for such length of 29697 time as the President of the United States shall direct. 29698 Article 9. Jfo part of the annuities of the Poncas shall be 29699 taken to pay any claims or demands against them, except such 29700 as may arise under this agreement, or under the trade and inter- 29701 course laws of the United States; and the said Indians do 29702 hereby fully relinquish and release the United States from all 29703 demands against them on the part of the tribe or any individuals 29704 thereof, except such as are herein stipulated and provided for. 29705 Article 10. The expenses connected with the negotiation 29706 of this agreement shall be paid by the United States. 29707 Proclaimed April 11, 1859. 29708 Supplemental treaty between the United States of America and the 29709 Ponea tribe of Indians, concluded March 10, 1865; ratifica- 29710 tion advised March 2, 1867. 29711 Andrew Johnson, President of the United States of America, 29712 to all and singular to whom these presents shall come, greet- 29713 ing : 29714 Whereas a supplemental treaty was made and concluded at 665 29715 the city of Wasliington, in the District of Columbia, on the tenth 29716 day of March, in the year of our Lord one thousand eight hun- 29717 dred and sixty-five, by and between William P. Dole, oommis- 29718 sioner on the part of the United States, and Wah-gah«sap-pi, or 29719 Iron Whip ; Gist tah-wah-gu, or Strong Walker; Wash-com-mo- 29720 ni, or Mitchell P. Cerre; Ash-nan e-kah-gah-he, or Lone Chief;. 29721 and Tah-ton-ga-nuz-zhe, or Standing Buffalo, chiefs and head-men 29722 of the Ponca tribe of Indians, on the part of said Indians, and 29723 duly authorized thereto by them, which treaty is in the words 29724 and figures following, to wit : 29725 Supplemental treaty between the United States of America and 29726 the Ponca tribe of Indians, made at the city of Washington 29727 on the tenth day of March, A. D. 1865, between William P. 29728 Dole, commissioner on the part of the United States, and 29729 Wah-gah-sap-pi, or Iron Whip ; Gist-tah-wah-gu, or Strong 29730 Walker ; Wash-com-mo-ni, or Mitchell P. Cerre ; Ash-nane- 29731 kah-gah-he, or Lone Chief; Tah-ton-ga-nuz zhe, or Standing 29732 Buffalo, on the part of the Ponca tribe of Indians, they 29733 being duly authorized and empowered by the said tribe, as 29734 follows, viz : 29735 Article 1. The Ponca tribe of Indians hereby cede and 29736 relinquish to the United States all that portion of their present 29737 reservation as described in the first article of the treaty of 29738 March 12th, 1858, (proclaimed April 11, 1859 ; see preceding 29739 treaty,) lying west of the range line between townships nnm- 29740 bers (33) thirty-two and (33) thirty-three north, ranges (10) ten 29741 and (11) eleven west of the (6) sixth principal meridian, accord- 29742 ing to the Kansas and Nebraska survey, estimated to contain 29743 thirty thousand acres, be the same more or less. 29744 Article 2. In consideration of the cession or release of 29745 that portion of the reservation above described by the Ponca 29746 tribe of Indians to the Government of, the United States, the 29747 Government of the United States, by way of rewarding them for 29748 their constant fidelity to the Government and citizens thereof, 29749 and with a view of returning to the said tribe of Ponca Indians 29760 their old burying-grounds and corn-fields, hereby cede and re- 29751 linquish to the tribe of Ponca Indians the following-described 29752 fractional townships, to wit: township (31) thirty-one north, 29753 range (7) seven west ; also, fractional township (32) thirty-two 29754 north, ranges (6,) six, (7,) seven, (8,) eight, (9,) nine, and (10) 29755 ten west; also, fractional township (33) thirty-three north, 29756 ranges (7) seven and (8)"eight west ; and also all that portion of 29757 township (33) thirty-three north, ranges (9) nine and (10) ten 29758 west, lying south of Ponca Creek ; and also all the islands in the 29759 Niobrara, or Running Water River, lying in front of lands or 29760 townships above ceded by the United States to the Ppnca tribe 84 I T GG6 29761 of Indians. But it is expressly understood and agreed that the 297G2 United States shall not be called upon to satisfy or pay the 29763 claims of any settlers for improvements upon the lands above 29764 ceded by the United States to the Poncas, but that the Ponca 29765 tribe of Indians shall, out of their own funds, and at their own 29766 expense, satisfy said claimants, should any be found upon said 29767 lands above ceded by the United States to the Ponca tribe of 29768 Indians. 29769 Abtiolb 3. The Government of the United States, in com- 29770 pliance with the first paragraph of the second article of the 29771 treaty of March 12th, 1858, hereby stipulate and agree to pay to 29772 the Ponca tribe of Indians for indemnity for spoliation comniit- 29773 ted upon them, satisfactory evidence of which has been lodged 29774 in the office of the Commissioner of Indian Attkirs, and payment 29775 recommended by that officer, and also by the Secretary of the 29776 Interior, the sum of fifteen thousand and eighty dollars. 29777 Article 4. The expenses attending the negotiation of this 29778 treaty or agreement shall be paid by the United States. 29779 Proclaimed March 28, 1867. 29780 PONCARS. 29781 Treaty with the Poncar tribe. 29782 For the purposes of perpetuating the friendship which has 2 )783 heretofore existed, as also to remove all future cause of discus- 23784 sion or dissension as it respects trade and friendship between the 29785 United States and their citizens and the Poricar tribe of Indians, 29786 the President of the United States of America, by Brigadier-Gen- 29787 eral Henry Atkinson, of the United States Army, and Major 29788 Benjamin O'Fallon, Indian agent, with full powers and author- 29789 ity, specially appointed and commissioned for that purpose, of 29790 the one part, and the undersigned chiefs, head-men, and warriors 29791 of the Poncar tribe of Indians, on behalf of said tribe, of the 29792 other part, have made and entered into the following articles 29793 and conditions, which, when ratified by the- President of the 29794 United States, by and with the advice and consent of the Sen- 29795 ate, shall be binding on both parties, to wit : 29796 Article 1. It is admitted by the Poncar tribe of Indians 29797 that they reside within the territorial limits of the United 29798 States, acknowledge their supremacy, and claim their protec- 29799 tion. The said tribe also admit the right of the United States 29800 to regulate all trade and intercourse with them. 29801 Article 2. The United States agree to receive the Poncar 667 29802 tribe of Indians into tbeir friendship and under their protection, 29803 and to extend to them, from time to time, such benefits and acts 29804 of kindness as may be convenient and seem just and proper to 29805 the President of the United States. 29806 Article 3. All trade and intercourse with the Poncar tribe 29807 shall be transacted at such place or places as may be designated 29808 and pointed out by the President of the United States, through 29809 his agents ; and none but American citizens, duly authorized by 29810 the United States, shall be admitted to trade or hold intercourse 29811 with said tribe of Indians. ' 29812 Article 4. That the Poncar tribe may be accommodated 29813 with such articles of merchandize, &c., as their necessaties may 29814 demand, the United States agree to admit and license traders to 29815 hold intercourse with said tribe, under mild and equitable regu- 29816 lations, in consideration of which the Poncar tribe bind theui- 29817 selves to extend protection to the persons and the property of 29§18 the traders, and the persons legally employed under them, whilst 29819 they remain within the limits of the Poncar district of country. 29820 And the said Poncar tribe further agree that if any foreigner, 29821 or other person not legally authorized by the United States, 29822 shall come into their district of country for the purposes of 29823 trade or other views, they will apprehend such person or per- 29824 sous and deliver him or them to some United States superin- 29825 teudent, or agent of Indian affairs, or to the commandaint of the 29826 nearest military post, to be dealt with according to law. And 29827 they further agree to give safe conduct to all persons who may 29828 be legally authorized by the United States to pass through their 29829 country, and to protect, in their persons and property, all agents 29830 or other persons sent by the United States to reside temporarily 29831 among them. 29832 Article 5. Thatthe friendship which is now established be- 29833 tween the United States and the Poncar tribe should not be inter- 2)834 rupted by the misconduct of individuals, it is hereby agreed that, 29835 for injuries done bj^ individuals, no private revenge or retaliation 29836 shall take place, but instead thereof complaints shall be made 29837 by the party injured to the superintendent or agent of Indian 29838 affairs, or other person appointed by the President ; and it shall 29839 be the duty of the said chiefs, upon complaint being made as 29840 aforesaid, to deliver up the person or persons against whom the 29841 complaint is made, to the end that he or they may be punished, 29842 agreeably to the laws of the United States. And, in like man- 29843 ner, if any robbery, violence, or murder shall be committed on 29844 any Indian or Indians belonging to said tribe, the person or 29845 persons so offending shall be tried, and, if found guilty, shall be 29846 punished in like manner as if the injury had been done to a white 29817 man. And it is agreed that the chiefs of said Poncar tribe 668 29848 shall, to tbe utmost of their power, exert themselves to recover 29849 horses or other property which may be stolen or taken from any 29850 citizen or citizens of the United States by any individual or in- 29851 dividuals of said tribe, and the property so recovered shall be 29852 forthwith delivered to the agents or other person authorized to 29853 receive it, that it may be restored to the proper owner. And the 29854 United States hereby guaranty to any Indian or Indians of said 29855 tribe a full indemnification for any horses or other property 29856 which may be stolen from them by any of their citizens : Pro- 29857 vided, Tiiat the property so stolen cannot be recovered, and 29858 that sufQcient proof is produced that it was actually stolen by a 29859 citizen of the United States. And the said Poncar tribe engage, 29860 on the requisition or demand of the President of the United 29861 States, or of the agents, to deliver up any white man resident 29862 among them. 29863 Article 6. And the chiefs and warriors, as aforesaid, prom- 29864 ise and engage that their tribe will never, by sale, exchange, or 29865 as presents, supply any nation or tribe of Indians not in amity 29866 with the United States with guns, ammunition, or other imple- 29867 ments of war. 29868 Proclaimed February 6, 1826. 29869 PONCAEARS. 29870 A treaty of peace and friendsliip made and concluded between Wil- 29871 liam Clark and Auguste Chouteau, commissioners on the part 29872 and behalf of the United States of America, of the one part, 29873 and the undersigned chiefs and warriors of the Poncarar tribe 29874 of Indians, on their part and of their said tribe of the other 29875 part. 29876 The parties being desirous of re-establishing peace and 29877 friendship between the United States and their said tribe, and 29878 of being placed, in all things and every respect, upon the same 29879 footing upon which they stood before the late war between the 29880 United States and Great Britain, have agreed to the following 29881 articles : 29882 Aeticle 1. Every injury or act of hostility by one or either 29883 of the contracting parties against the other shall be mutually 29884 forgiven and forgot. 29885 Aeticle 2. There shall be perpetual peace and friendship 29886 between all of the citizens of the United States of America and 29887 all the individuals composing the said Poncarar tribe ; and all 6G9 29888 the friendly relatious that existed between them before the war 29880 shall be, and the same are bereby, renewed. 29890 Akticle 3. The undersigned chiefs and warriors, for them- 29891 selves and their said tribe, do hereby acknowledge themselves 29892 to be under the protection of the United States of America, 29893 and of no other nation, power, or sovereign, whatever. 29894 Proclaimed December 26, 1817. 29895 POTTAWOTTOMIES. 29896 Articles of a treaty made and concluded at St. Maryh, in the' State 29897 of Ohio, between Jonathan Jennings, Lewis Cass, and Benja- 29898 min Parke, commissioners of the United States, and the Pot- 29899 dwatamie Nation of Indians. 29900 Article 1. The Potawatamie Nation of Indians cede to 29901 the United States all the country comprehended within the fol- 29902 lowing Ijmits : Beginning at the mouth of the Tippecanoe River 29903 and running up the same to a point twenty-five miles in a direct 29904 line from the Wabash River; thence on a line as nearly paral- 29905 lei to the general course of the Wabash River as practicable, to 29906 a point on the Vermilion River twenty-five miles from the Wa- 29907 bash River ; thence down the Vermilion River to its mouth, and 29908 thence up the Wabash River to the place of beginning. The 29909 Potawatamies also cede to the United States all their claim to 29910 the country south of the Wabash River. 29911 Akticle 2. The United States agree to purchase any just 29912 claim which the Kickapoos may have to any part of the country 29913 hereby ceded below Pine Creek. (See the 2d article of the 29914 treaty with the Kickapoos, proclaimed January 13, 1831, p. 439.) 29915 Abticlb 3. The United States agree to pay to the Pota- 29916 watamies a perpetual annuity of two thousand five hundred dol- 29917 lars in silver -, one-half of which shall be paid at Detroit, and 29918 the other half at Chicago ; and all annuities which, by any for- 29919 mer treaty, the United States have engaged to pay to the Pota- 29920 watamies, shall be hereafter paid in silver. 29921 Article 4. The United States agree to grant to the persons 29922 named in the annexed schedule and their heirs the quantity of 29923 land therein stipulated to be granted ; but the land so granted 29924 shall never be conveyed by either of the said persons, or their 29925 heirs, unless by the consent of the President of the United 29926 States. 29927 Proclaimed January 15, 1819. 670 29928 Schedule re/erred to in the foregoing treaty. 29929 Theresball be granted to JamesBurnett,IsaacBurnett, Jacob 29930 Burnett, and Abraham Burnett two sections of land each, and 29931 to Eebecca Burnett and Nancy Burnett one section of land 29932 each ; which said James, John, Isaac, Jacob, Abraham, Re- 29933 becca, and Nancy are children of Cakimi, a Potawatamie woman, 29934 sister of Topinibe, principal chief of the nation; and six of the 29935 sections herein granted shall be located from the mouth of the 29936 Tippecanoe River, down the Wabash River, and the other six 29937 [fivej sections shall be located at the mouth of Flint River. 29938 There shall be granted to Perig, a Potawatamie chief, one 29939 section of laud on the Flint River, where he now lives. There 29940 shall also be granted to Mary Chatalie, daughter of Neebosh, a 29941 Potawatamie chief, one section of land, to be located below the 29942 mouth of Pine River, 29943 Articles of a treaty made and concluded near the mouth of the Mis- 29944 sissinewa, upon the Wabash, in the State of Indiana, this sixteenth 29945 day of October, in the year of our Lord one thousand eight hun- 29946 dred and twenty-six, between Lewis Cass, James B. Ray, and 29947 John Tipton, commissioners on the part of the United States, and 29948 the chiefs and warriors of the Potawatamie tribe of Indians. 29949 AuTiCLB 1. The Potawatamie tribe of Indians cede to the 29950 United States their right to all the land within the following 29951 limits : Beginning on the Tippecanoe River where the northern 29962 boundary of the tract ceded by the 'Potawatamies to the United 29953 States, by the treaty of St. Mary's, in the year of our Lord one 29954 thousand eight hundred and eighteen, intersects the same ; 29955 thence in a direct line to a point on Bel River half way be- 29956 tween the mouth of said river and Pierish's Village; thence 29957 up Eel River to Seek's Village, near the head thereof; thence 29958 in a direct line to the mouth of a creek emptying into the St. 29959 Joseph's of the Miami, near Metea's Village ; thence up the St. 29960 Joseph's to the boundary-line between the States of Indiana and 29961 Ohio; thence south to the Miami; thence up the same to the 21962 reservation at Fort Wayne ; thence with the lines of the said 29963 reservation to the boundary established by the treaty with the 29964 Miamies in one thousand eight hundred and eighteen ; thence 29965 with the said line to the Wabash River ; thence with the same 29966 river to the mouth of the Tippecanoe River, and thence with 29967 the said Tippecanoe River to the place of beginning. And the 29968 said tribe also cede to the United States all their right to land 29969 within the following limits : Beginning at a point upon Lake 29970 Michigan ten miles due north of the southern extreme thereof; 671 29971 running tlience dne east to the Ifind ceded by the Indians to 29972 the United States by the treaty of Chicago ; thence south with 29973 the boundary thereof ten miles ; thence west to the southern 29974 extreme of Lake Michigan ; thence with the shore thereof to 29975 the place of beginning. 29976 AETiCLii 2. As an evidence of the attachment which the 29977 Potawatamie tribe feel towards the American people, and par- 29978 ticularly to the soil of Indiana, and with a view to demonstrate 29979 their liberality, and benefit themselves by creating facilities for 29980 travelling and increasing the value of their remaining country, 29981 the said tribe do hereby cede to the United States a strip of 29982 land, commencing at Lake Michigan and running thence to the 29983 Wabash River, one hundred feet wide, for a road, and also, one 29984 section of good land contiguous to the said road for each mile 29985 of the same, and also for each mile of a road from the termina 29986 tion thereof through Indianapolis to the Ohio River, for the 29987 purpose of making a road aforesaid from Lake Michigan, by the 29988 way of Indianapolis, to some convenient point on the Ohio River. 29989 And the general assembly of the State of Indiana shall have a right 29990 to locate the said road and to apply the said sections, or the proceeds 29991 thereof, to the making of the same, or any part thereof; and the said 29992 grant shall be at their sole disposal.[a) 29993 Article 3. In consideration of the cession in the first arti- 29994 cle, the United States agree to pay to the Potawattamie tribe 29995 an annuity of two thousand dollars in silver, for the term of 29996 twenty-two years, and also to provide and support a blacksmith 29997 for them at some convenient point; to appropriate, for the pur- 29998 poses of education, the annual sum of two thousand dollars,, as 29999 long as the Congress of the United States may think proper, to 30000 be expended as the president may direct ; and also, to build for 30001 them a mill, sufficient to grind corn, on the Tippecanoe River, 30002 and to provide and support a miller, and to pay them annually 30003 one hundred and sixty bushels of salt; all of which annuities 30004 herein specified shall be paid by the Indian agent at Fort 30005 Wayne. 30006 Aeticle 4. The commissioners of the United States have 30007 caused to be delivered to the Potawatamie tribe goods to the 30008 value of thirty thousand five hundred and forty-seven dollars 30009 and seventy-one cents in goods, in consideration of the cession 30010 in the first article of this treaty. Now, therefore, it is agreed 30011 that, if this treaty should be ratified by the President and Sen- 30012 ate of the United States, the United States shall pay to the 30013 persons named in the schedule this day transmitted to the War 30014 Department, and signed by the commissioners, the sums affixed 30015 to their names, respectively, for goods furnished by them, and 30016 amounting to the said sum of thirty thousand five hundred and 672 30017 forty-seven dollars and seventy-one cents ; and also, to the per- 30018 sons who may furnish the said further sum, the amount of nine 30019 hundred dollars thus furnished. And it is also agreed that 30020 payment for all these goods shall be made by the Potawatamie 30021 tribe out of their annuity, if this treaty should not be ratified 30022 by the United States. ' 30023 Abtiole 5. The Potawatamie tribe being anxious to pay 30024 certain claims existing against them, it is agreed as a part of 30025 the consideration for the cessions in the first article that these 30026 claims, which are stated in a schedule this day signed by the 80027 commissioners, and transmitted to the War Department, and 30028 amounting to the sum of nine thousand five hundred and seventy- 30029 three dollars. 30030 Article 6. The United States agree to grant to each of the .30031 persons named in the schedule hereunto annexed the quantity of 30032 land therein stipulated to be granted; but the land so granted 30033 shall never be conveyed by either of the said persons or their heirs 30034 without the consent of the President of the United States ; and 30035 it is also understood that any of these grants may be expunged 30036 from the schedule by the President or Senate of the United 30037 States without affecting any other part of the treaty. 30038 Article 7. The Potawatamie Indians shall enjoy the right 30039 of hunting upon any part of the land hereby ceded as long as 30040 the same shall remain the property of the United States. 30041 Article 8. The President and Senate of the United States 30042 may reject any article of this treaty, except those which relate 30043 to the consideration to be paid for the cession of the land ; and 30044 such rejection shall not affect any other part of the treaty. 30045 Article 9. This treaty, after the same shall be ratified by 30046 tbe President and Senate, shall be binding upon the United 30047 States. 30048 Proclaimed February 7, 1827. 30049 Schedule of grants referred to in the foregoing treaty. 30050 To Abraham Burnett, three sections of land, one to be 30051 located at, and to include Wynemac's Village, the centre of the 30052 line on the Wabash to be opposite that village, and running up 30053 and down the river one mile in a direct line and back for quan- 30054 tity, the two other sections commencing at the upper end of 30055 the prairie, opposite the mouth of the Passeanong Creek, and 30056 running down two miles in a direct line and back for quantity. 30057 To Nancy Burnett, Rebecca Burnett, James Burnett, and 30058 William Burnett, each one section of land, to be located under 30059 the direction of the President of the United States, which said 30060 Abraham, Nancy, Rebecca, and James are the children, and the 30061 said William is the grandchild of Kaukeama, the sister of . 673 30062 Topenibe, the principal chief of the Potawatamie tribe of lu- 30063 dians. 30064 To Eliza 0. Kercheval, one section on the Miami Eiver, 30065 commencing at the first place where the road from Fort Wayne 30066 to Defiance strikes the Miami on the north side thereof, about 30067 five miles below Fort Wayne, and from that point running half 30068 a mile down the river and half a mile up the river, and back 30069 for quantity. 30070 To James Knaggs, son of the sister of Okeos, chief of the 30071 river Huron Potawatamies, one half-section of land upon the 30072 Miami where the boundary line between Indiana and Ohio 30073 crosses the same. 30074 To the children of Joseph Barron, a relation '^of ^Eichard- 30075 viile, principal chief of the Miamies, three sections of land, begin- 30076 ning at the mouth of Eel Eiver, running three miles down the 30077 Wabash in a direct lice, thence back for quantity. 30078 To Zachariah Cicott, who is married to an Indian woman, •30079 one section of land below and adjoining Abraham Burnett's 30080 land, and to be located in the same way. 30081 To Baptiste Cicott, Sophi Cicott. aud Einelia Cicott, children 30082 of Zachariah Cicott, and an Indian woman, one half-section each 30083 adjoining and below the section granted to Zachariah Cicott. 30084 To St. Luke Bertrand and Julia Ann Bertrand, children of 30085 Madeline Bertrand, a Potawatamie woman, one section of land, 30086 to be located under the direction of the President of the United 30087 States. 30088 To the children of Stephen Johnson, killed by the Potawa- 30089 tamie Indians, one half-section of land, to be located under the 30090 direction of the President of the United States. 30091 To each of the following persons, Indians by birth, and who 30092 are now, or have been, scholars in the Carey Mission- School, on 30093 the St. Joseph's, under the direction of the Eev. Isaac McCoy, 30094 one quarter-section of land, to be located under the direction of 30095 the President of the United States, that is to say: Joseph 30096 Bourissa, Noaquett, John Jones, Nuko, Soswa, Manotuk, Betsey 30097 Ash, Charles Dick, Susanna Isaacs, Harriet Isaacs, Betsey Plum- 30098 mer, Angelina Isaacs, Jemima Isaacs, Jacob Cdrbly, Konkapot, 30099 Celicia Mmham, Mark Bourissa, Jude Bourissa, Annowussau, 30100 Topenibe, Terrez, Sheskho, Louis Wilmett, Mitchel Wilmett, 30101 Lezett Wilmett, Esther Baily, Eesiann Baily, Eleanor Baily,Queh- 30102 kna, William Turner, Chaukeuozwoh, Lazarus Bourissa, Achan 30103 Bourissa, Acheraukquee, Wesauwau, Peter Moose, Ann Sharp, 30104 Joseph Wolf, Misnoqua, Pomoqua, Wymego, Cbeekeh, Wauwos- 30105 semoqua, Meeksumau, Kakautmo, Eichard Clements, Louis 30106 M'Neff, Shoshqua, Nscotenama, Chikawketeh, Mnsheewoh, 30107 Saugana, Msonkqua, Mnitoqua, Okutcheek, Naomi G. Browning, 30108 Antoine, St. Antoine, Mary, being in all fifty-eight. 85 I T 674 30i09 To Jane Martin aDd Betsey Martin, of Indian descent, each 30110 one section of land, to be located under the direction of the Pres- 30111 ideut of the United States. 30112 To Mary St. Combe, of Indian descent, one quarter section of 30113 land, to be located under the direction of the President of the 30114 United States. 30115 To Francois Dequindre, of Indian descent, one section of land, 30116 to be located under the direction of the President of the United 30117 States. 30118 To Baptiste Jutreace, of Indian descent, one half-section of 30119 land, to be located under the direction of the President of the 30120 United States. 30121 To John B. Bourie, of Indian descent, one section of land, to 30122 be located on the Miami Eiver, adjoining the old boundary-line 30123 below Fort Wayne. 30124 To Joseph Parks, an Indian, one section of land, to be located 30125 at the point where the boundary-line strikes the St. Joseph's, 30126 near Metea's Village. 30127 To George Oicott, a chief of t he Potawatamies, three sections 30128 and a half of land, two sections and a half of which to be located 30129 on the Wabash, above the mouth of Crooked Creek, running 30130 two miles and a half up the river, and back for quantity, and the 30131 remaining section at the falls of Eel Eiver, on both sides thereof. 30132 To James Conner, one section of land ; to Henry Coum^r, one 30133 section, and to William Conufer, one section, beginning opposite 30134 the upper end of the Big island, and running three miles in a 30135 direct line down the Wabash, and back for quantity. 30136 To Hyacinth Lassel, two sections of land, to be located under 30137 the direction of the President of the United States. 30138 To Louison, a half Potawatamie, two sections of land, to be 30139 located under the direction of the President of the United States. 30140 Treaty with Potawatamies, made 8eptember219, 1827. 30141 In order to consolidate some of the dispersed bands of the 30142 Potawatamie tribe in the Territory of Michigan at a point re. 30143 moved from the road leading from Detroit to Chicago, and as 30144 far as practicable from the settlements of the whites, it is agreed 30145 that the following tracts of land, heretofore reserved for the use 30146 of the said tribe, shall be, and they are hereby, ceded to the 30147 United States : 30148 Two sections of land on the river Eouge. at Seginsairn's 30149 Village. 30150 Two sections of land at Tonguish Village, near 'the river 30151 Eouge. 30152 That part of the reservation at Macon, on the river Eaisin, 30153 which yet belongs to the said tribe, containing six sections, ex- 675 30154 ceptiug therefrom ouehalf of a section where the Potawatamie 30155 chief Moran resides, which shall be reserved for his use. 30156 One tract at Mang-ach-qua Village, on the river Peble, of six 30157 miles square. 30158 One tract at Mickesawbe, of six railes square. 30159 One tract at the village of Prairie Eonde, of three miles 30160 square. 3016i One tract at the village of Match-e-be-nash-she-wish, at the 30162 head of the Kekalamazoo Eiver, of three miles square, which 30163 tracts contain in the whole ninety -nine sections and one half 30164 section of land. 30165 And in consideration of the j)receding cession, there shall be 30166 reserved for the use of the said tribe, to be held upon the same 30167 terms on which Indian reservations are usually held, the foUow- 30168 ing tracts of land : 30169 Sections numbered five, six, seven, and eight, in the fifth 30170 township, south of the base-line, and in the ninth range west of 30171 the principal meridian in the Territory of Michigan. 30172 The whole of the fifth township sonth, in the tenth range 30173 west, not already included in the Nottawa Sape reservation. 30174 Sections numbered one, two, eleven, twelve, thirteen, four- 30175 teen, twenty-three, twenty-four, twenty-five, twenty-six, thirty- 30176 five, and thirty-six, in the fifth township south, and eleventh 30177 range west. 30178 The whole of the fourth township south, in the ninth range 30179 west. 30180 Sections numbered eight, seventeen, eighteen, nineteen, 30181 twenty, twenty-nine, thirty, thirty-one, and thirty-two in the 30182 fourth township south, and ninth range west. 30183 Sections numbered one, two, eleven, twelve, thirteen, four- 30184 teen, twenty-three, twenty-four, twenty -five, twenty-six, thirty- 30185 five, and thirty-six in the fourth township south, and eleventh 30186 range west. 30187 Which tracts of land will form a continuous reservation, 30188 and contain ninety-nine sections. 30189 After this treaty shall be ratified by the President and Seu- 30190 ate, the same shall be obligatory on the United States and the 30191 said tribe of Indians. 30192 Proclaimed February 23, 1829. 676 30193 Articles of a treaty made and concluded at the missionary estdb- 30194 lishments upon the St. Joseph, of Lake Michigan, in the Terri- 30195 tory of Michigan, this 20th day of September, in the year of our 30196 Lord one thousand eight hundred and twenty-eight, between 30197 Leicis Cass and Pierre M4nard, commissioners on the part of 30198 the United States, and the Potowatami tribe of Indians. 30199 Article 1. The Potowatami tribe of Indians cede to the 30200 United States the tract of laud included within the following 30201 boundaries: 30202 1st. Beginning at the mouth of the St. Joseph of Lake 30203 Michigan, and thence running up the said river to a point on 30204 the same river half way between La-vache-qui-pisse and 30205 Macousiu Village; thence in a direct line to the 19th-mile tree, 30206 on the northern boundary -line of the State Indiana; thence 30207 with the same west to Lake Michigan ; and thence with the 30208 shore of the said lake to the place of beginning. 30209 2. Beginning at a point on the line run in 1817, due east 30210 from the southern extreme of Lake Michigan, which point is due 30211 south from the head of the most easterly branch of the Kanke- 30212 kee Eiver, and from that point running south ten miles ; thence 30213 in a direct line to the northeast corner of Flatbelly's reservation ; 30214 thence to the northwest corner of the reservation at Seek's 30215 Village; thence with the lines of the said reservation, and 30216 of former cessions, to the line. between the States of Indi- 30217 ana and Ohio; thence, with the same to the former-described 30218 lined, running due east from the southern extreme of Lake 30219 Michigan ; thence, with the said line, to the place of beginning. 30220 Article 2. In consideration of the cessions aforesaid, there 30221 shall be paid to the said tribe an additional permanent annuity 30222 of two thousand dollars, and also an additional annuity of one 30223 thousand dollars for the term of twenty years ; goods to the 30224 value of thirty thousand dollars shall be given to the said tribe, 30225 either immediately after signing this treaty or as soon there- 30226 after as they can be procured; an additional sum of ten thou- 30227 sand dollars in goods, and another of five thousand dollars in 30228 specie shall be paid to them in the year 1829. 30229 The sum of seven thousand five hundred dollars shall be 30230 expended for the said tribe, under the direction of the Presi- 30231 dent of the United States, in clearing and fencing land, erecting 30232 houses, purchasing domestic animals and farming utensils, and 30233 in the support of labourers to work for them. 30234 ' Two thousand pounds of tobacco, fifteen hundred weight of 30235 iron, and three hundred and fifty pounds of steel, shall be 30236 annually delivered to them, 30237 One thousand dollars per annum shall be applied for the 677 30238 purposes of education, as long as Congress may think the ap- 30239 propriation may be useful. 30240 One hlindred dollars, in goods, shall be annually paid to 30241 To-pen-i-be-the, principal chief of the said tribe, during his 30242 natural life. The blacksmith, stipulated by the treaty of Chicago 30243 to be provided for the term of fifteen years, shall be permanently 30244 supported by the United States. 30245 TJiree labourers shall be provided, during four months of the 30246 year, for ten years, to work for the band, living upon the reser- 30247 vatiou south of the St. Joseph. 30248 Article 3. There shall be granted to the following persons, 30249 all of whom are Indians by descent, the tracts of land hereafter 30250 mentioned, which shall be located upon the second cession 30251 above described, where the President of the United States may 30252 direct, after the country may be surveyed, and to correspond 30253 with surveys, provided that no location shall be made upon the 30254 Elkheart Prairie, nor within five miles of the same; nor shall 30255 the tracts granted be conveyed by the grantees, without the 30256 consent of the President of the United States. 30257 To Sah-ne-mo-quaw, wife of Jean B. Datrist, one half-sec- 30258 tion of land. 30259 To Way-pe-nah-te-mo-qnay, wife of Thomas Eobb, one half 30260 section of land. 30261 To Me-no-ka-mick-quay, wife of Edward McCarty, one half 30262 section of land. 30263 To Ship-pe-shick-quay, wife of James Wyman, one half-sec- 30264 tion of land. 30265 To Assappo, wife of Antoine Gamlin, one half section of 30266 land. 30267 To Moahquay, wife of Eichard Chabert, one half-section of 30268 land. 30269 To Me-shaw-ke-to-quay, wife of George Oicot, two sections 30270 of land. 30271 To Mary Pr^jean, wife of Louis St. Combe, one section of 30272 land. 30273 To To-pe-naw-koung, wife of Peter Langlois, one section of 30274 land. 30275 To Au-bee-nan bee, a Potowatami chief, two sections of 30276 land. 30277 To Me-che-hee, wife of Charles Minie, a half-section of 30278 land. 30279 To Louison, a Potowatamie, a reservation of one section, to 30280 include his house and corn-field. 30281 To Kes-he-waquay, wife of Pierre F. I^Tavarre, one section 30282 of land. 30283 To Benac, a Potowatami, one section of land. 678 30284 To Pe-pe-neway, a chief, one section of land. 30285 • To Pierre Le Clair, one section of land. 30286 To Betsey Dacharme, one half section of land. The sec- 30287 tion of land granted by the treaty of Chicago to Nancy Bur- 30288 nett, now Nancy Davis, shall be purchased by the United States, 30289 if the same can be done for the sum of one thousand dollars. 30290 To Madeleine Bertrand, wife of Joseph Bertrand, one sec- 30291 tion of land. 30292 Article 4. The sum of ten thousand eight hundred and 30293 ninety-five dollars shall be applied to the payments of certain 30294 claims against the Indians, agreeably to a schedule of the said' 30295 claims hereunto annexed, (a) 30296 Article 5. Circumstances rendering it probable that the 30297 missionary establishment now located upon the St. Joseph 30298 may be compelled to remove west of the Mississippi, it is agreed 30299 that when they remove the value of their buildings and other 30300 improvements shall be estimated, and the amount paid by the 30301 United States. But, as the location is upon the Indian reserva- 30302 tion, the commissioners are unwilling to assume the responsibil- 30303 ity of making this provision absolute, and therefore its rejection 30304 is not to affect any other part of the treaty. 30305 Article 6, This treaty shall be obligatory after the same 30306 has been ratified by the President and Senate of the United 30307 States. 30308 Proclaimed January 7, 1829. 30309 After the signature of the treaty, and at the request of the 30310 Indians, it was agreed that of the ten thousand dollars stipu- 30311 lated to be delivered in goods, in 1829, three thousand dollars 30312 shall be delivered immediately, leaving seven thousand dollars 30313 in goods to be delivered in 1829. 30314 The reservation of Pe. Langlois' wife to be located upon the 30315 north side of Eel Eiver, between Peerish's Tillage and Louison's 30316 reservation. 30317 The reservation of Betsey Dacharme to be located at Loui- 30318 son's Enn, 30319 Schedule of claims referred to in the fourth article of the treaty of 30320 the 20th September, 1828, with the Pottawatamie Indians. 30321 Thomas Eobb, $200, for goods heretofore sold to the Indians. 30322 McGeorge, $300, for provisions sold to the Indians, 30323 Jno. B. Godfrey, $200, for goods heretofore sold to- the In- 30324 dians. 30325 Jno. P. Hedges, $200, for goods heretofore delivered to the 30326 Indians, 679 30327 Joseph Allen, $145, for horses stolen from him by the In- 30328 dians while he was surveying. 30329 Jean B. Bourre, 700, for goods furnished the Indians, a 30330 part of them in relation to this treaty. 30331 Thomas Forsyth, $200, for goods heretofore sold to the In- 30332 dians. 30333 S. Hanna & Co., $100, for goods heretofore sold to the In- 30334 dians. 30335 Gabriel Godfrey, jr., $500, for goods heretofore sold to the 30336 Indians. 30337 Timothy S. Smith, $100, for goods heretofore sold to the In- 30338 dians. 30339 W. G. and G. W. Ewings, $200, for goods heretofore sold to 30340 the Indians. 30341 Joseph Bertrand, $2,000, for goods heretofore sold to the 30342 Indians. 30343 To Eleanor Kinzie and her four children, by the late John 30344 Kinzie, $3,500, in consideration of the attachment of the Indians 30345 to her deceased husband, who was long an Indian trader, and 30346 who lost a large sum in the trade by the credits given to them, 30347 and also by the destruction of his property. The money is in 30348 lieu of a tract of land which the Indians gave the late John 30349 Kinzie long since, and upon which he lived. 30350 Eobert A. Forsyth, $1,250, in consideration of the debts due 30351 from the Indians to his late father, Eobert A. Forsyth, who was 30352 long a trader among them, and who was assisted by his son, the 30353 present E. A. Forsyth. The money is in lieu of a tract of land 30354 which the Indians gave to the late E. A. Forsyth, since renewed 30355 to the present E. A. Forsyth, upon which both of them hereto- 30356 fore lived. 30357 Jean B. Gomparet, $500, .for goods heretofore sold to the 30358 Indians. 30359 0. and D. Dousseau, $100, for goods heretofore sold to the 30360 Indians. 30361 P. F. Favarre, $100, for goods heretofore sold to the Indians. 30362 Francis Paget, $100, for goods heretofore sold to the Indians. 30363 G. O. Hubbard, $200, for goods heretofore sold to the In- 30364 dians. 30365 Alexis Coquillard, $200, for goods heretofore sold to the In- 30366 dians. 30367 Amounting, in the whole, to the sum of ten thousand eight 30368 hundred and ninety-five dollars. 30369 LEW. CASS, 30370 PIEEEE MBNAED. 680 30371 Articles of a treaty made and concluded on Tippecanoe Biver, in the 30372 State of Indiana, between Jonathan Jennings, John W. Davis, 30373 and Maries Grume, commissioners on the part of the United 30374 States, and the chiefs, head-men, and warriors of the Poitawat- 30375 imie Indians, this twenty-sixth day of October, in the year eight- 3Q376 teen hundred and thirty-two. 30377 Article 1. The chiefs, headmen, and warriors aforesaid, 30378 agree to cede to the United States their title and interest to lands 30379 in the State of Indiana, (to wit :) beginning at a point on Lake 30380 Michigan where the line dividing the States of Indiana and 30381 Illinois intersects the same; thence with the margin of said 30382 lake to the intersection of the southern boundary of a cession 30383 made by the Pottawatimies, at the treaty of the Wabash, of 30384 eighteen hundred and twenty-six ; thence east to the northwest 30385 corner of the cession made by the treaty of St. Joseph's, in eighteen 30386 hundred and twenty-eight ; thence south ten miles ; thence with 30387 the Indian boundary -line to the Michigan road ; thence south 30388 with said road to the northern boundary-line, as designated in 30389 the treaty of eighteen hundred and twenty-six with the Potta- 30390 watimies; thence west with the Indian boundary-line to the 30391 Eiver Tippecanoe ; thence with the Indian boundary-line, as 30392 established by the treaty of eighteen hundred and eighteen, at 30393 St. Mary's, to the line dividing the States of Indiana and lUi- 30394 nois; and thence north, with the line dividing the said States, 30395 to the place of beginning. 30396 Article 2. From the cession aforesaid, the following reser. 30397 vations are made, (to wit :) 30398 For the band of Aub-be-naub-bee, thirty-six sections, to in- 30399 elude his village. 30400 For the bands of Men-o-mi-nee, No-taw-kah, Muck-kah-tah- 30401 mo- way, and Pee-pin-oh-waw, twenty-two sections. 30402 For the bauds of Okaw-wause, Kee-waw^-nay, and Nee-bosh , 30403 eight sections. 30404 For J. B. Shaderuah, one section of land in the Door Prai- 30405 rie, where he now lives. 30406 For the band of Oom-o-za, two sections. 30407 For the band of Mah-che-saw, two sections. 30408 For the band of Mau-ke-kose, six sections. 30409 For the bands of Neeswaug-gee, and Quash-qua, three sec- 30410 tions. 30411 Article 3. In consideration of the cession aforesaid, the 30412 United States agree to pay to the Pottawatimie Indians an an- 30413 unity for the term of twenty years of twenty thousand dollars, 30414 and will deliver to them goods to the value of one hundred thou- 30415 sand dollars, so soon after the signing of this treaty as they can 681 30416 be procured ; and a further sum of thirty thousand dollars in 30417 goods shall be paid to them in the year eighteen hundred and 30418 thirty-three by the Indian agent at Eel Eiver. 30419 Article 4. The United States agree to pay the debts due 80420 by the Pottawatimies, agreeably to a schedule hereunto annexed, 30421 amounting to sixty-two thousand four hundred and twelve dol- 30422 lars. 30423 Article 5. The United States agree to provide for the 30424 Pottawatimies, if they shall at any time hereafter wish to change 30425 their residence, an amount, either in goods, farming utensils, 30426 and such other articles as shall be required and uecessary, in 30427 good faith, and to an extent equal to what has been furnished 30428 any other Indian tribe or tribes emigrating, and in just propor- 30429 tion to their numbers. 30430 Article 6. The United States agree to erect a saw-mill on 30431 their lands, under the direction of the President of the United 30432 States. 30433 After the signing of this treaty, and at the request of the 30434 Indians, five thousand one hundred and thirty-five dollars were 30435 applied to the purchase of horses, which were purchased and 30436 delivered to them, under our direction, leaving ninety-four 30437 thousand eight hundred and sixty-five dollars to be paid in mer- 30438 chandize. 30439 It is agreed that the United States will satisfy the claims 30440 mentioned in the following schedule, as provided for in the fourth 30441 article of the foregoing treaty, viz : 30442 To Andrew Waymire, forty dollars. 30443 Zacheriah Cicott, nine hundred and fifty dollars. 30444 H. Lassell, senior, four thousand dollars. 30445 Silas Atchison, two hundred and twenty dollars. 30446 Alexander McAllister, two hundred and twenty dollars. 30447 Walker and Davis, fifteen hundred dollars. 30448 Walker, Carter & Co., five thousand six hundred dollars. 30449 Edward McCartney, one thousand dollars. 30450 F. E. Kintner, six hundred and twenty dollars. 30451 Joseph Trucky, one hundred dollars. 30452 J. Vigus & C. Taber, eight hundred and fifty dollars. 30€53 James Burnit, six hundred dollars. 30454 Samuel Hanna, executor of Abraham Burnet, three hundred 30455 and fifty dollars. 30456 James Hickman, sixty dollars. 30457 William Scott, two hundred and fifty dollars. 30458 M. Harse, seventy dollars. 30459 Emmersou and Huntington, assignees of Willis Fellows, 30460 four thousand five hundred dollars. 30461 W. G. and G. W. Ewing, one thousand dollars. 86 IT 682 30462 Peter Barron, seventeen hundred and sixty-six dollars. 30463 Hamilton &Taber, seven hundred and thirty-seven dollars. 30464 Skelton & Scott, six hundred and fifty dollars. 30465 Cyrus Taber, three hundred and fifty dollars. 30466 G. S. Hubbard, one thousand dollars. 30467 Moses Eice, one hundred dollars. 30468 John E. Hnnt, three thousand two hundred and sixteen 30469 dollars. 30470 John Baldwin, one thousand dollars. 30471 Louis Drouillard, sixty-eight dollars. 30472 George Crawford, eighty dollars. 30473 Thomas Hall, forty dollars. 30474 John B. Buret, four hundred dollars. 30475 Anthony Gambin, three hundred dollars. 30476 Joseph Barron, seven hundred and ninety-six dollars. 30477 James H. Kintner, three hundred and fifty-seven dollars. 30478 John B. Bourie, five hundred dollars. 30479 Henry Ossum, nine hundred dollars. 30480 Samuel Hanna, fifteen hundred dollars. 30481 Barnet & Hanna, three thousand five hundred dollars. 30482 Todd & Vigus, six thousand five hundred and thirteen dol- 30483 lars. 30484 Allen Hamilton, seven hundred dollars. 30485 W. G. and G. W. Ewing, three thousand dollars. 30486 George P. Turner, two hundred dollars. 30487 Peter Longlois, two thousand five hundred dollars. 30488 Thomas Robb, eight hundred and forty dollars. 30489 The estate of George Cicott, deceased, fifteen hundred dol- 30490 lars. 30491 George C. Spencer, one hundred and fifty-seven dollars. 30492 John T. Douglass, one hundred dollars. 30493 W. G. and G. W. Ewing, seven hundred and sixteen dollars. 30494 H. B. M'Keen, six hundred dollars. 30495 Joseph Bertrand, senior, fifteen hundred dollars. 30496 George 0. Spencer, three hundred dollars. 30497 Jesse Buzann, three hundred and sixteen dollars. 30498 Joseph Douglass, four hundred and fifty dollars. 30499 John Smith, four hundred and eighty dollars. 30500 Moses Barnett, eight hundred and forty-five dollars. 30501 Harison Barnett, two hundred and sixty-seven dollars-'. 30502 Lot Bozarth, ninety dollars. 30503 Silas Alchison, two hundred and forty-four dollars. 30504 Harrison Barnett & Co., one hundred and seventy-eight 30505 dollars. 30506 James Elliott, one hundred and nineteen dollars. 30507 Alexander Smith, one hundred dollars. 683 30508 Walker, Carter & Co., four hundred and four dollars. 30509 John Forsyth, amr., &c., of Thomas Forsyth, four hundred 30510 and seventy-three dollars. 30511 John Forsyth, six hundred dollars. 30512 Proclaimed January 21, 1833. 30513 Articles of a treaty made and concluded at the Potawattimie 30514 mills, in the State of- Indiana, on the sixteenth day of Decern- 30515 ber, in the year of our Lord one thousand eight hundred and 30516 thirty four, between William Marshall, commissioner on the 30517 part of the United States, and the chiefs, head-men, and war- 30518 riors of the Potawattamis Indians. 30319 Article 1. The chiefs, head-men, and warriors aforesaid 30520 agree to cede to the United States their title and interest to a 30521 reservation made to them at the treaty on the Tippecanoe Eiver 30522 on the 27th day of October, 1832, (proclaimed 21 January, 1833 ; 30523 see treaty next preceding,) of two sections of land, to include 30524 their mills on said river. 30525 Article 2. In consideration of the cession aforesaid the 30526 United States agree to pay the Pdtawattimie Indians, at the 30527 payment of their annuities in 1835,. the sum of seven hundred 30528 dollars in cash, and pay their just debts agreeably to a schedule 30529 hereunto annexed, amounting to nine hundred dollars. 30530 Article 3. The miller provided for by the 3d article of the 30531 treaty with the Potawattimie tribe of Indians on the sixteenth 30532 . day of October, in the year eighteen hundred and twenty-six, is 30533 not to be supported by the United States, and to cease from and 30534 after the signing of this treaty. 30535 Article 4. This treaty shall be binding upon both parties 30536 from the date of its ratification by the President and Senate of 30537 the United States. 30538 Proclaimed March 16, 1835. 30539 A PROCLAMATION 30540 By the President of the United States of America. 30541 To all and singular to whom these 'presents shall come, greeting : 30542 . Whereas a treaty was made and concluded at the Potta- 30543 watomie agency on the Kansas Eiver, in the State of Kansas, 30544 on the fifteenth day of November, one thousand eight hundred 30545 and sixty-one, between William W. Ross, commissioner on the 30546 part of the United States, and the chiefs, braves, and head-men 30547 of the Pottawatomie Nation of Indians, on the part of said 30548 nation ; and 30549 Whereas the said treaty having been submitted to the Senate 684 30550 of the United States for its constitutional action thereon, the 30551 Senate did, by its resolution of the fifteenth day of April, one 30552 , thousand eight hundred and sixty-two, advise and consent to 30553 the ratification of said treaty with certain amendments ; and 30554 Whereas said nation of Indians did, on the seventeenth day 30555 of April, one thousand eight hundred and sixty-two, by a com- 30556 mittee composed of Shawque, (chief,) To-penubbee, (chief,) Wc- 30557 weh-seh, (chief,) Me-yenco, (chief,) and Shomen, (brave,) ap- 30558 pointed to transact all their national business between them and 30559 the agent of the United States and the Indian Department, and 30560 by Joseph F. Bourassa, George L. Young, B. H. Bertrand, M. 30561 B. Beaubien, L. H. Ogee, John Tipton, and Lewis View, in the 30562 presence of Clark W. Thompson, (superintendent of Indian 30563 affairs for the northern superintendency,) Lewis S. Hayden, 30564 John B. Gordon, and Elisha Goddard, give their free and voluu- 30565 tary assent to the amendments made by the Senate in the reso- 30566 lution aforesaid; which treaty, as amended by the Senate and 30567 assented to by said committee and others, is word for word as 30568 follows: 30569 Articles of a treaty made and concluded at the agency on the 30570 Kansas Eiver, on the fifteenth day of November, in the 30571 year of our Lord one thousand eight hundred and sixty- 30572 one, by and between Wm. W. Eoss, commissioner on the 30573 part of the United States, and the undersigned chiefs, 30574 braves, and head-men of the Pottawatomie Nation, on be- 30575 half of said nation. 30576 Article 1. The Pottawatomie tribe of Indians believing 30577 that it will contribute to the civilization of their people to dis- 30578 pose of a portion of their present reservation in Kansas, con- 30579 sisting of five hundred and seventy-six thousand acres, which 30580 was acquired by them for the sum of $87,000, by the fourth 30581 article of the treaty between the United States and the said 30582 Pottawatomies, proclaimed by the President of the United 30583 States on the 23d day of July, 1846, (see page 181,) and to al- 30584 lot lands in severalty to those of said tribe who have adopted 30585 the customs of the whites and desire to have separate tracts as- 30586 signed to them, and to assign a portion of said reserve to those 30587 of the tribe who prefer to hold their lands in common : it is 30588 therefore agreed by the parties hereto that the Commissioner of 30589 Indian Affairs shall cause the whole of said reservation ' to be 30590 surveyed in the same manner as the public lands are surveyed, 30591 the expense whereof shall be paid out of the sales of lands here- 30592 inafter provided for, and the quantity of land hereinafter pro- 30593 vided to be set apart to those of the tribe who desire to take 30594 their lands in severalty, and the quantity hereinafter provided 30595 to be set a part for the rest of the tribe in common ; and the 685 30596 remainder of the land, after the special reservations hereinafter 30597 provided for shall have been made, to be sold for the benefit of 30598 said tribe. 30599 Article 2. It shall be the duty of the agent of the United 30600 States for said tribe to take an accurate census of all the mem- 30601 bers of the tribe, and to classify them in separate lists, showing 30602 the names, ages, and numbers of those desiring lands in sever- 30603 alty, and of those desiring lands in common, designating chiefs 30604 and head-men, respectively ; each adult choosing for himself or 30605 herself, and each head of a family for the minor children of such 30606 - family, and the agent for orphans and per-sons of an unsound 30607 mind. And thereupon there shall be assigned, under the direc- 30608 tion of the Commissioner of Indian Affairs, to each chief at the 30609 signing of the treaty, one section ; to each head-man, one half 30610 section ; to each other head of a family, one quarter section ; 30611 and to each other person eighty acres of land, to include, in 30612 every case, as far as practicable, to. each family, their improve- 30613 ments and a reasonable portion of timber, to be selected accord - 30614 iug to the legal subdivision of survey. "When such assignments 30615 shall have been completed, certificates shall be issued by the 30616 Commissioner of Indian Affairs for the tracts assigned in sev- 30617 eralty, specifying the names of the individuals to wliom they 30618 have been assigned, respectively, and that said tracts are set 30619 apart for the perpetual and exclusive use and benefit of such 30620 assignees and their heirs. Until otherwise provided by law, 30621 such tracts shall be exempt from levy, taxation, or sale, and 30622 shall be alienable in fee or leased or otherwise disposed of only 30623 to the United States, or to persons then being members of the 30624 Pottawatomie tribe and of Indian blood, with the permission of 30625 the President, and under such regulations as the Secretary of 30626 the Interior shall provide, except as may be hereinafter provided. 30627 And on receipt of such certificates, the person to whom they are 30628 issued shall be deemed to have relinquished all right to any por- 30629 tion of the lands assigned to others in severalty, or to a portion 30630 of the tribe in common, and to the proceeds of sale of the same 30631 whensoever made. 30632 Article 3. At any time hereafter when the President of 30633 the United States shall have become satisfied that any adults, 30634 being males and heads of families, who may be allottees under 30635 the provisions of the foregoing article, are sufficiently intelligent 30636 and prudent to control their affairs and interests, he may, at the 30637 request of such persons, cause the lands severally held by them 30638 to be conveyed to them by patent in fee-simple, with power of 30639 alienation ; and may, at the same time, cause to be paid to them, 30640 in cash or in the bonds of the United States, their proportion of 30641 the cash value of the credits of the tribe, principal and interest, 686 30642 then held in trust by the United States, and also, as the same 30643 may be received, their proportion of the proceeds of the sale of 30644 lands nnder the provisions of this treaty. And on such patents 30645 being issued and such payments ordered to be made by the Pres- 30646 ident, such competent persons shall cease to be members of said 30647 tribe, and shall become citizens of the United States ; and thereaf- 30648 ter thelands so patented to them shall be subject to levy, taxation, 30649 and sale, in like manner with the property of other citizens : 30650 Provided, That before malting any such application to thePresi- 30651 dent, they shall appear in open court in the district court of the 30652 United States for the district of Kansas, and make the same proof 30653 and take the same oath of allegiance as is provided by law for 30654 the naturalization of aliens, and shall also make proof to the sat- 30655 isfaction of said court that they are sufiSciently intelligent and 30656 prudent to control their affairs and interests, that they have 30657 adopted the habits of civilized life, and have been able to snp- 30658 port, for at least five .years, themselves and families. 30659 Article 4. To those members of said tribe who desire to 30660 hold their lands in common there shall be set apart an undivided 30661 quantity sufBcient to allow one section to each chief, one half 30662 section to each head-man, and one hundred and sixty acres to 30663 each other head of a family, and eighty acres of land to each 30664 other person, and said land shall be held by that portion of the 30665 tribe for whom it is set apart by the same tenure as the whole 30666 reserve has been held by all of said tribe under the treaty of 30667 one thousand eight hundred and forty-six. And upon such land 30668 being assigned in common the persons to whom it is assigned 30669 shall be held to have relinquished all title to the lands assigned 30670 in severalty and in the proceeds of sales thereof whenever made. 30671 Article 5. The Pottawatomies believing that the construc- 30672 tion of the Leavenworth, Pawnee and Western Railroad, from 30673 Leavenworth City to the western boundary of the former reserve 30674 of the Delawares, is now rendered reasonably certain, and being 30675 desirous to have said railroad extended through their reserve 30676 - in the direction of Port Eiley, so that the value of the lands re- 30677 tained by them may be enhanced, and the means afforded them 30678 of getting the surplus product of their farms to market, it is 30679 provided that the Leavenworth, Pawnee and Western Eailroad 30680 Company shall have the privilege of buying the remainder of 30681 their lands within six months after the tracts herein otherwise 30682 disposed of shall have been selected and set apart, provided 30683 they purchase the whole of such surplus lands at the rate of one 30684 dollar and twenty-five cents per acre. 30685 And if said company make such purchase, it shall be sub- 30686 ject to the considerations following, to wit : They shall construct 30687 and fully equip a good and efficient railroad from Leavenworth 687 30688 City to a point half way between the western boundary of the 30689 said former Delaware reserve and the western boundary of the 30690 said Pottawatomie reserve, (being the first section of said road,) 3D691 within six years from the date of such purchase, and shall con- 30692 struct and fully equip such road from said last-named point to 30693 the western boundary of said Pottawatomie reserve, (being the 30694 second section of said road,) within three years from the date 30695 fixed for the completion of said first section ; and no patent 30696 or patents shall issue to said company or its assigns for any of 30697 said lands purchased until the first section of said railroad shall 30698 have been completed and equipped, and then for not more than 30699 halfof said lands; and no patent or patents shall issue to saidcom- 30700 pany or its assigns for any of the remaining portion of said lands 30701 until said second section of said railroad shall have been completed 30702 and equipped as aforesaid ; and before any patents shall issue for 30703 any part of said lands, payment shall be made for the lands to 30704 be patented at the rate of one dollar and twenty-five cents per 30705 acre ; and said company shall pay the whole amount of the pur- 30706 chase-money for said lands in gold or silver coin to the Secre- 30707 tary of the Interior of the United States, in trust for said Pot- 30708 tawatomie Indians, within nine years from the date of such pur- 30709 chase, and shall also in like manner pay to the Secretary of the 30710 Interior of the United States, in trust as aforesaid, each and 30711 every year, until the whole purchase-money shall have been 30712 paid, interest from date of purchase, at six per cent, per an- 30713 num, on all the purchase-money remaining unpaid. 30711 And if said company shall fail to complete either section of 30715 such railroad in a good and efdcieut manner, or shall fail to pay 30716 the whole of the purchase-money for said land within the times 30717 above prescribed, or shall fail to pay all or any part of the in- 30718 terest upon said purchase-money each year as aforesaid within 30719 thirty days from the date when such payment of interest shall 30720 fall due, then the contract or i^urchase shall be deemed and held 30721 absolutely null and void, and shall cease to be binding on either 30722 of the parties thereto, and said company and its assigns shall 30723 forfeit all payments of principal and interest made on such pur- 30724 chase, and all right and title, legal and equitable, of any kind 30725 whatsoever, in and to all and every part of said lands which 30726 shall not have been before the date of such forfeiture earned 30727 and patented pursuant to the provisions of this treaty. 30728 And whenever any patent shall issue to said railroad 30729 company for anj^ part of said lands, it shall contain the condi- 30730 tion that the said company shall sell the land described in such 30731 patent, except so much as shall be necessary for the working of 30732 the road, within five years from the issuing of such patent. 30733 And said company shall have the [perpetual right of way 688 30734 over the lands of the Pottawatomies not sold to it for the con- 30735 struction and operation of said railroad, not exceeding one 30736 hundred feet in width, and the right to enter on said lands and 30737 take and use such gravel, stone, earth, water, and other material, 30738 except timber, as may be necessary for the construction and 30739 operation of said road, making compensation for any damages 30740 to improvements done in obtaining such material, and for any 30741 damages arising from the location or running of said road to im- 30742 provements made before the road is located. Such damages and 30743 compensation, in cases where said company and the persons whose 30744 improvements are injured or jjropertj' taken cannot agree, to be 30745 ascertained and adjusted under the direction of the Commis- 30746 sioner of Indian Affairs. And in case said company shall not 30747 promptly pay the amount of such damages and compensation, 30748 the Secretary of the Interior may withhold patents for any part 30749 of the lands purchased by them until payment be made of the 30750 amount of such damages, with six per cent, interest thereon 30751 from the date when the same shall have been ascertained and 30752 demanded. 30753 And in case said company shall not purchase said surplus 30754 lands, or, having purchased, shall forfeit the whole or any part 30755 thereof, the Secretary of the Interior shall thereupon cause the 30756 same to be appraised at not less than one dollar and twenty-five 30757 cents per acre, and shall sell the same, in quantities not exceed- 30758 ingone hundred and sixty acres, at auction to the highest bid- 30759 der for cash, at not less than such appraised value. 30760 Article 6. There shall be selected by the Commissioner of 30761 Indian Affairs three hundred and twenty acres of land, includ- 30762 ing the church, school-houses, and fields of the St. Mary's Cath- 30763 olic Mission, but not including the buildings and enclosures 30764 occupied and used by persons other than those connected with 30765 the mission, without the consent of such persons, which shall 30766 be conveyed by the Secretary of the Interior to John P. Diel, 30767 John Summaker, and M. Gerillain, as trustees for the use of the 30768 society under whose patronage and control the church and school 30769 have been conducted within the last fourteen years; on condi- 30770 tion, however, that, so long as the Pottawatomie Ifation shall 30771 continue to occupy its present reservation, or any portion 30772 thereof, the said land shall be used and its products devoted .30773 exclusively to the maintenance of a school and church for their 30774 benefit. And there shall be reserved and conveyed in like man- 30775 ner, and upon like conditions, three hundred and twenty acres 30776 of land, including the Baptist Mission buildings and enclosures, 30777 such conveyances to be made to such persons as may be desig- 30778 nated by the Baptist Board of Missions. 30779 Article 7. By article eight of the treaty of June 5th, 30780 1846, between the United States and the Pottawatomie Indians 689 30781 it is stipulated " that the annual interest of their improvement 30782 fund shall be paid out promptly and fully for their benefit at 30783 their new homes. If, however, at any time thereafter, the Pres- 30784 ident of the United States shall be of opinion that it would be 30785 advantageous to the Pottawatomie Nation, and they should 30786 request the same to be done, to pay them the interest of said 30787 money in lieu of the employment of persons, or the purchase of 30788 implements or machines, he is hereby authorized to pay the 30789 same, or any part thereof, in money, as their annuities are paid, 30790 at the time of the general payment of annuities." 30791 It is hereby agreed that the interest arising from said im- 30792 provement-fund shall, in all cases hereafter, be paid in such 30793 machines and implements as will be useful to the people in their 30794 agricultural pursuits, as long as the nation shall desire it to be 30795 done, except that the shops and mechanics and physicians, now 30796 sustained by the funds of the nation, shall continue to be main- 30797 tained, as at this time, for one year after this treaty shall have 30798 been ratified. 30799 Aeticle 8. If at any time hereafter any band or bands of 30800 the Pottawatomie Nation shall desire to remove from the homes 30801 provided for them in this treaty, it shall be the duty of the 30802 Secretary of the Interior to have their proportionate part of the 30803 lands which may be assigned to the tribe appraised and sold, 30804 and invest such portion of the proceeds thereof as may be neces- 30805 sary in the purchase of a new home for such band or bauds, 30806 leaving the remainder, should any remain after paying the 30807 expense of their removal, to be invested in six per cent, bonds 30808 of the United States, for the benefit of such band or bandf. 30809 Such band or bands so removed shall continue to receive their 30810 proportion of the annuities of the tribe. 30811 Article 9.. No provision of this treaty shall be so con- 30812 strued as to invalidate any claim heretofore preferred by the 30813 Pottawatomies against the United States arising out of previ- 30814 ous treaties. 30815 Article 10. It is hereby agreed that the Commissioner of 30816 Indian Affairs shall set apart, for the benefit of said allottees, 30817 their equal pro rata share of the improvement-fund of the tribe, 30818 which sum so set apart may be expended, in whole or in part, by 30819 the said Commissioner, and under his direction, for agricultural 30820 purposes, as he shall from time to time deem expedient and. for 30821 the welfare of the said Indians. 30822 Article 11. Should the Senate reject or amend any of the 30823 above articles, such rejection or amendment shall not affect the 30824 other provisions of this treaty, but the same shall go into effect 30825 when ratified by the Senate and approved by the President. 30826 Proclaimed April 19, 1862. 87 I t 690 30827 /Supplemental article to the treaty of November 15, 1861, between 30828 the United States of America and the Pottawatomie tribe of 30829 Indians, concluded March 29, 1866 ; ratification advised 30830 April 26, 1866. 30831 Andrew Johnson, President of the United States of America, 30832 to all and singular to whom these presents shall come, 30833 greeting : 30834 Whereas a supplemental article to the treaty between the 30835 United States of America and the Pottawatomie Nation of In- 30836 dians, of the fifteenth of November, one thousand eight hundred 30837 and sixty-one, was made and concluded at the city of Washing- 33838 ton, in the District of Columbia, on the twenty-ninth day of 30839 March, in the year of our Lord one thousand eight hundred and 30840 sixty-six, by and between Dennis N. Cooley, commissioner on 30841 the part of the United States, and J. K Bourassa, U. P. Navane, 30842 and B. N. Bertrand, business committee, ou the part of said 30843 nation of Indians, and duly authorized thereto by them, which 30844 supplemental article is in the words and figures following, to 30845 wit: 30846 Whereas certain amendments are desired by the Pottawato- 30847 mie Indians to their treaty concluded at the Pottawatomie 30848 agency on the fifteenth day of November, A. D. 1861, and 30849 amended by resolution of the Senate of the United States dated 30850 April the fifteenth, A. D. 1862 ; and whereas the United States 30851. are willing to assent to such amendments, it is therefore agreed 30852 by and between Dennis N. Cooley, commissioner on the part of 30853 the United States, thereunto duly authorized, and the under- 30854 signed business committee, acting on behalf of said tribe, and 30855 being thereunto duly authorized, in manner and form following, 30856 that is to say : 30857 Article 1. The beneficial provisions in behalf of the more 30858 prudent and intelligent members of said tribe, contained in the 30859 third article of the amended treaty above recited, shall not here- 30860 after be confined to males and heads of families, but the same 30861 shall be, and are hereby, extended to all adult persons of said 30862 tribe, without distinction of sex, whether such persons are or 30863 shall be heads of families or otherwise, in the same manner, to 30864 the same extent, and upon the same terms, conditions, and stip- 30865 ulations as are contained in said third article of said treaty with 30866 reference to " males and heads of families." 691 30867 Treaty hetween the United States of America and the Pottawatomie 30868 tribe of Indians, concluded February 27, 1867 ; ratification 30869 advised, with amendments, July 25, 1868 ; amendments accepted 30870 August 4, 1868. 30871 Andrew Johnson, President of the United States of America , 30872 to all and singular to whom these presents shall come, greet- 30873 ing : 30874 Whereas a treaty was made and concluded at the city of 30875 Washington, in the District of Columbia, on the twenty-seventh 30876 day of February, in the year of our Lord one thousand eight 30877 hundred and sixty-seven, by and between Lewis V. Bogy, W. 30878 H. Watson, Thomas Murphy, and L. E. Palmer, commissioners 30879 on the part of the United States, and Mazhee, Mianco, Shawgwe, 30880 B. H. Bertrand, J. N. Bourassa, M. B. Beaubien, L. H. Ogee, and 30881 George L. Young, of the Pattawatomie tribe of Indians, and 30882 duly authorized thereto by them, which treaty is in the words 30883 and figures following, to wit: 30884 Articles of agreement concluded at Washington, D. 0., on the 30885 twenty-seventh day of February, 1867, between the United 30886 States, represented by Lewis V. Bogy, Commissioner of In- 30887 dian Affairs ; W. H. Watson, special commissioner ; Thos. 30888 Murphy, supt. of Indian affairs for Kansas ; and Luther E. 30889 Palmer, U. S. Indian agent, duly authorized, and the Potta- 30890 watomie tribe of Indians, represented by their chiefs, braves, 30891 and head-men, to wit: Mazhee, Mianco, Shawgwe, B. H. 30892 Bertrand, J. N. Bourassa, M. B. Beaubien, L. H. Ogee, and 30893 G. L. Young. 30894 Whereas the Pottawatomies believe that it is for the in- 30895 terest of their tribe that a home should be secured for them in 30896 the Indian country south of Kansas, while there is yet an op- 30897 portunity for the selection of a suitable reservation ; and whereas 30898 the tribe has the means of. purchasing such reservation from 30899 funds to arise from the sale of lands under the provisions of 30900 this treaty, without interfering with the exclusive rights of 30901 those of their people who hold their lands in common to the 30902 ownership of their diminished reserve, held by them in common, 30903 or with their right to receive their just proportion of the moneys 30904 arising from the sale of unallotted lands, knowu as surplus 30905 lands : Now, therefore, it is agreed — 30906 Aeticle 1. It being the intention of the Government that 30907 a commission shall visit the Indian country as soon as practi- 30908 cable after the ratification of the treaties contemplating the re- 30909 moval of certain tribes from Kansas, accompanied by delegates 30910 from the several tribes proposing to remove, it is agreed that a 30911 delegation of the Pottawatomies may accompany said commis- 692 30912 sioa in order to select, if possible, a suitable location for tLeir 30913 people without interfering with the locations made for other In- 30914 dians ; and if such location shall be found satisfactory to the 30915 Pottawatomies, and approved by the Secretary of the Interior, 30916 such tract of land, not exceeding thirty miles square, shall be 30917. set apart as a reservation for the exclusive use and occupancy of 30918 that tribe ; and ui>on the survey of its lines and boundaries, 30919 and ascertaining of its area, and payment to the United States 30920 for the same as hereinafter mentioned and set forth, the said 30921 tract shall he patented to the Pottawatomie Nation : Provided, 30922 That if the said Pottawatomies shall prefer to select a new home 30923 among the Cherokees, by agreement with the said Cherokees, 30924 for a price within the means of the Pottawatomies, the Gov- 30925 ernment will confirm such agreement. 30926 Article 2. In case the new reservation shall be selected 30927 upon the lands purchased by the Government from the Creeks, 30928 Seminoles, or Choctaws, the price to be paid for said reservation 30929 shall not exceed the cost of the same to the Government of the 30930 United States ; and the sum to be paid by the tribe for said res- 30931 ervation shall be taken from the amount which may be received 30932 for the lands which were offered for sale to the Leavenworth, 30933 Pawnee and Western Eailroad Company, under the treaty dated 30934 Novemberflfteen, eighteen hundred and sixty-one, which amount 30935 shall be the common property of the tribe, except the Prairie 30936 band, who shall have no interest in said reservation to be pur- 30937 chased as aforesaid, but in lieu thereof shall receive their pro 30938 rata share of the proceeds of the sale of said land in money, as 30939 the same may be received : Provided, That if the United States 30940 shall advance the amount necessary to purchase the said reser- 30941 vation, the interest due upon the deferred payments for said 30942 lands, sold as hereinafter provided, shall, when received by the 30943 United States, be retained and credited to said tribe interested 30944 in said reservation, or so much of said interest as may be due 30945 said tribe under this treaty: And provided further, That the 30946 Leavenworth, Pawnee and Western Eailroad Company, their 30947 successors and assigns, having failed to purchase said lands, the 30948 Atchison, Topeka and Santa F6 Railroad Company may, within 30949 thirty days after the promulgation of this treaty, purchase of the 30950 said Pottawatomies their said unallotted lands, except as here- 30951 inafter provided, to St. Mary's Mission, at the price of one dol- 30952 lar per acre, lawful money of the United States, and upon filing 30953 their bond for the purchase and payment of said lands in due 30954 form, to be approved by the Secretary of the Interior within the 30955 time above named, the said Secretary of the Interior shall issue 30956 to the last-named railroad company certificates of purchase, 30957 and such certificates of purchase shall be deemed and holden in 693 30958 all courts as evidence of title and possession in the said railroad 30959 company to all or any part of said lands, unless the same shall 30960 be forfeited as herein provided. The said purchase-money shall 30961 be paid to the Secretary of the Interior, in trust for said Indians, 30962 -within five years from the date of such purchase, with interest at 30963 the rate of six per cent, per annum ou all deferred payments, 30964 until the whole purchase-money shall have been paid ; and be- 30965 fore any patents shall issue for any part of said lands, one hun- 30966 dred thousand dollars shall be deposited with the Secretary of 30967 the Interior, to be forfeited in case the whole of the lands are 30968 not imid for as herein provided ; (said money may be applied as 30969 the payment for the last one hundred thousand acres of said 30970 land;) payments shall also be made for at least one-fourth of 30971 said unallotted lands at the rate of one dollar per acre, and 30972 when so paid the President is authorized hereby to issue patents 30973 for the land so paid for ; and then for every additional part of 30974 said land, upon the payment of one dollar per acre. The inter- 30975 est on said purchase-money shall be paid annually to the Secre- 30976 tary of the Interior for the use of said Indians. If the said com- 30977 pany shall fail to pay the principal when the same shall become 30978 due, or to pay all or any part of the interest upon said purchase- 30979 money within thirty (30) days after the time when such payment 30980 of interest shall fall due, then this contract shall be deemed and 30981 held absolutely null and void, and cease to be binding upon either 30982 of the parties thereto, and said company and its assigns shall 30983 forfeit all payments of principal and interest made on such pur- 30984 chase, and all right and title, legal and equitable, of any kind 30985 whatsoever, in and to all and every part of said lauds which 30986 shall not have been, before the date of such forfeiture, paid for, 30987 as herein provided : Provided, however, That in case any of said 30988 lands have been conveyed to bona-fide purchasers by said Atch- 30089 ison, Topeka and Santa F6 Eailroad Company, such purchasers 30990 shall be entitled to patents for said land so purchased by them 30991 upon the payment of one dollar and twenty-five cents per acre 30992 therefor, under such rules and regulations as may be prescribed 30993 by the Secretary of the Interior. 30994 Article 3. After such reservation shall have been selected 30995 and set apart for the Pottawatomies, it shall never be included 30996 within the jurisdiction of any State or Territory, unless an Indian 30997 Territory shall be organized, as provided for in certain treaties 30998 made in eighteen hundred and sixty-six with the Ohoctaws and 30999 other tribes occupying the " Indian country ;" in which case, or 31000 in case of the organization of a legislative council or other body, 31001 for the regulation of matters affecting the relations of the tribes 31002 to each other, the Pottawatomies resident thereon shall have the 694 31003 right to representation, according to their numbers, on equal 31004 terms with the other tribes. 31005 Aeticle 4. A register shall be made, under the direction of 31006 the agent and the business committee of the tribe, within two 31007 years after the ratification of this treaty, which shall show the 31008 names of all members of the tribe who declare their desire to 31009 remove to the new reservation, and of all who desire to remain 31010 and to become citizens of the United States ; and after the filing 31011 of such register in the office of the Commissioner of Indian 31012 Affairs, all existing restrictions shall be removed from the sale 31013 and alienation of lands by adults who shall have declared their 31014 intention to remove to the new reservation : But, provided, That 31015 no person shall be allowed to receive to his own use the avails of 31016 the sale of his land, unless he shall have received the certificate 31017 of the agent and business committee that he is fully competent 31018 to manage his own affairs; nor shall any person also be allowed 31019 to sell and receive the proceeds of the sale of the lands belonging 31020 to his family, unless the- certificate of the agent and business 31021 committee shall declare, him competent to take the charge of 31022 their property ; but such persons may negotiate for the sales of 31023 their property and that of their families, and any contracts for 31024 sales so made, if certified by the agent and business committee 31025 to be at reasonable rates, shall be confirmed by the Secretary of 31026 the Interior, and patents shall issue to the purchaser upon full 31027 payment ; and all payments for such land shall be made to the 31028 agent, and the funds by him deposited on the first of each month 31029 in some Government depository, to be designated by the Secretary 31030 of the Treasury, and triplicate certificates of deposit taken there- 31031 for, one to be forwarded to the Commissioner of Indian Affairs, 31032 one to be retained at the agency, and the third to be sent to the 31033 superintendent of Indian affairs for Kansas ; after which deposit 31034 the United States will be responsible for said funds until drawn 31035 out for use as hereinafter provided, and the bonds of the agent 31036 shall be increased to a sufficient amount to cover his increased 31037 liabilities under this section. 31038 Aeticle 5. The moneys received and deposited as provided 31039 in the preceding article shall be retained until the party on whose 31040 behalf it is held shall be ready to remove to the new reservation 31041 and shall then, or such part thereof as may from time to time be 31042 necessary, be drawn out, under the direction of the Commis- 31043 sioner of Indian Affairs, by the agent, and expended for the 31044 benefit of the owner in providing for his removal and that of 31045 his family to the new reservation, and in such articles and for 31046 such uses as may, with the advice of the business committee, be 31047 deemed for his best interest at his new home. 31048 Aeticle 6. The provisions of article third of the treaty of 696 31049 April nineteentlj, eighteen liundred and sixty-two (the next pre- 31050 ceding) relative to Pottawatomies who desire to become citizens, 31051 shall continue in force, with the additional provision that, before 31052 patents shall issue and full payments be made to such persons, a 31053 certificate shall be necessary from the agent and business commit- 31054 tee that the applicant is competent to manage his own affairs ; and 31055 when computation is made to ascertain the amount of the funds 31056 to the tribe to which such applicants are entitled, the amounts 31057 invested in the new reservation provided for in the treaty shall 31058 not be taken into account ; and where any member of the tribe 31059 shall become a citizen under the provisions of the said treaty of 31060 eighteen hundred and sixty-two, the families of said parties 31061, shall also be considered as citizens, and the head of the family 31062 shall be entitled to patents and the proportional share of funds 31063 belonging to his family; and women who are also heads of 31064 families, and single women of adult age, may become citizens in 31065 the same manner as males. 31066 Article 7. (Stricken out.) 31067 Akticle 8. Where allottees under the treaty of eighteen 31068 hundred and sixty-one shall have died, or shall hereafter decease, 31069 such allottees shall be regarded, for the purpose of a careful 31070 and just settlement of their estates, as citizens of the United 31071 States, and of the State of Kansas, and it shall be competent 31072 for the proper courts to take charge of the settlement of their 31073 estates under all the forms and in accordance with the laws of 31074 the State, as in the case of other citizens deceased; and in cases 31075 where there are children of allottees left or^jhans, guardians for 31076 such orphans may be appointed by the probate court of the 31077 county in which such orphans may reside, and such guardians 31078 shall give bonds, to be approved by the said court, for the proper 31079 care of the person and estate of such orphans, as provided by 31080 law. 31081 Article 9. It is agreed that an examination shall be made 31082 of the books of the Indian Office, in order to ascertain what 31083 amount is justly due to the Pottawatomies under the provisions 31084 of their treaties of eighteen hundred and eighteen and eighteen 31085 hundred and twenty-nine, providing for the payment of their 31086 annuities in coin, whereas they have been paid for several years 31087 in currency ; and the result of such examination shall be reported 31088 to Congress, and the difference in amount due to said Indians 31089 shall be paid to them. 31090 Article 10. It is further agreed that, upon the presentation 31091 to the Department of the Interior of the claims of said tribe for 31092 depredations committed by others upon their stock, timber, or 31093 other property, accompanied by evidence thereof, examination 31094 and report shall be made to Congress of the amount found to be 696 31095 equitably clue, iu order that such actioa may be taken as shall 31096 be just in the premises. 31097 And it is further agreed that the claims of the Pottawato- 31098 mies heretofore examined and reported on by the Secretary of 31099 the Interior under the act of Congress of March two, eighteen 31100 hundred and sixty-one,, shall be submitted to two commissioners, 31101 to be named by the President of the United States, for exami. 31102 nation, and said commissioners, after being sworn impartially to 31103 decide on said claims, shall make report of their judgment in the 31104 premises, together with the evidence taken, to the Secretary of 31105 the Interior, and the same shall be communicated to Congress 31106 at its next session: Provided, That no part of the money re- 31107 ported due by the said commissioners shall be paid until the 31108 same shall be appropriated by Congress. 31109 Article 11. The half sections of land heretofore set apart 31110 for the mission-schools, to wit, those of the St. Mary's mission, 31111 and the American Baptist mission, shall be granted in fee-simple, 31112 the former to John F. Diels, John Schoenmaker, and M. Gillaud, 31113 and the latter to such party as the American Baptist Board of 31114 Missions shall designate. 31115 And the said John F. Deils, John Shoemaker, and M. Gil- 3L116 laud shall have the right to purchase in a compact body ten 31117 hundred and thirteen 54-100 acres of the unallotted lands, at the 31118 price of one dollar per acre, to be paid to the Secretary of the 31119 Interior, for the use of said tribe, and when the consideration 31120 shall be paid as aforesaid the President shall issue patents to 31121 said purchasers therefor; and in selecting said ten hundred and 31122 thirteen 54-100 acres, said purchasers shall have the preference 31123 over all other parties. 31124 Article 12. No provisions of this treaty shall be held to 31125 apply in such manner as to authorize any interference with the 31126 exclusive rights in their own lands of those members of the 31127 tribe who hold their lands in common ; but such Indians shall 31128 be entitled to their share in the ownership of the new reserva- 31129 tion ; and it shall not be necessary at any future time to treat 31130 with the representatives of the whole people for a cession of the 31131 lands of those who hold in common, but special treaty arrange- 31132 meuts may be made at any time with the class of persons last 31133 named for the sale of their lands, and the disposition to be made 31134 of the proceeds thereof. 31135 Article 13. All provisions of former treaties inconsistent 31136 with the provisions of this treaty shall be hereafter null and void . 31137 Article 14. The expenses of negotiating this treaty shall 31138 be paid by the United States, not to exceed six thousand dollars. 31139 Proclaimed August 7, 1868. 697 31140 POTTAWOTTOMIBS EBSIDINa ON THE EIVER IL- 31141 LINOIS. 31142 A treaty of 'peace and friendship made and concluded, between Will- 31143 iam Glarlc, Ninian Edwards, and Auguste Chouteau, commis- 31144 sioners plenipotentiary of the United States of America, on the 31145 part and behalf of the sdid States, of the one part, and the under- 31146 signed chiefs and warriors of the Poutawatamie tribe or nation, 31147 residing on the river Illinois, on the part and behalf of the said 31148 tribe or nation, of the other part. 31149 The parties, being desirous of reestablishing peace and 31150 friendship between the United States and the said tribe or na- 31151 tion, and of being placed, in all things and in every respect, on 31152 the same footing upon which they stood before the war, have 31153 agreed to the following articles: 31154 Article 1. Every injury or act of hostility by one or either 31155 of the contracting parties against the other, shall be mutually 31156 forgiven and forgot] 31157 Article 2. There shall be perpetual peace and friendship 31158 between all the citizens of the United States of America and all 31159 the Individuals composing the said Poutawatamie tribe or na- 31160 tion. 31161 Article 3. The contracting parties hereby agree, promise, 31162 and bind themselves reciprocally to deliver up all the prisoners 31163 now in their hands (by what means soever the same may have 31164 come into their possession) to the officer commanding at Fort 31165 Clarke, on the Illinois Eivcr, as soon as it may be practicable. 31166 Article 4. The contracting parties, in the sincerity of mu- 31167 tual friendship, recognise, re-establish, and confirm all and every 31168 treaty, contract, and agreement heretofore concluded between 31169 the United States and the Poutawatamie tribe or nation. 31170 Eatified December 26, 1815. 31171 POTTAWOTTOMIES OF THE PEAIEIE AND KAN- 31172 KAKEE. 31173 Articles of a treaty made and concluded at Camp Tippecanoe, in the 31174 State of Indiana, this twentieth day of October, in the year of 31175 our Lord one thousand eight hundred and thirty-two, between 31176 Jonathan Jennings, John W. Davis, and Maries Crume, com' 31177 missioners, on the part of the United States, of the one part, 31178 and the chiefs and head-men of the Potawatamie tribe ofln- 31179 dians of the Prairie and Kaukalcee, of the other part. 31180 Article 1. The said Potawatamie tribe of Indians cede to 88 I t 698 31181 the United States tlie tract of land included within the foUow- 31182 ing boundary, viz : 31183 Beginning at a point on Lake Michigan ten miles southward 31184 of the mouth of Chicago Eiver; thence, in a direct line, to a 31185 point on the Kaukakee Eiver ten miles above its mouth; 31186 thence, with said river and the Illinois Eiver, to the mouth of 31187 Fox Eiver, being the boundary of a cession made by them in 31188 1816 ; thence, with the southern boundary of the Indian Ter- 31189 ritory, to the State line between Illinois and Indiana; thence, 31190 north, with said line, to Lake Michigan ; thence, with the shore 31191 of Lake Michigan, to the place of beginning. 31192 Aeticle 2. From the cession aforesaid the following tracts 31193 shall be reserved, to wit : 31194 Five sections for Shaw-waw-nas-see, to include Little Eock 31195 Village. 31196 For Min-emaung, one section, to include his village. 31197 For Joseph Laughton, son of Wais-ke-shaw, one section ; 31198 and for Ce-na-ge-wine, one section ; both to be located at Twelve 31199 Mile Grove, or Ka-be-na-qui-nong. 31200 • For Claude Laframboise, one section, on Thorn Creek, 31201 For Maw-te-no, daughter of Francois Burbonnois, jun., one 31202 section, at Soldier's Village. 31203 For Catish, wife of Francis Burbonnois, sen., one section, 31204 at Soldier's Village. 31205 For the children of Wais-ke-shaw, two sections, to include 31206 the small grove of timber on the river above Eock Village. 31207 For Jean B. Chevallier, one section, near Eock Village; and 31208 for his two sisters, Angelique and Josette, one half-section each, 31209 joining his. . 31210 For Me-she-ke-ten-o, two sections, to include his village. 31211 For Francis Le Via, one section, joining Me-she-ke-ten-o. 31212 For the five daughters of Mo-nee, by her last husband, 31213 Joseph Bailey, two sections. 31214 For Me-saw-ke-qua and her children, two sections, at Wais- 31215 us-kucks's Village. 31216 For Sho-bon-ier, two Sections, at his village. 31217 For Josette Beaubien and her children, two sections, to be 31218 located on Hickory Creek. 31219 For Therese, wife of Joseph Laframboise, one section ; and 31220 for Archange Pettier, one section, both at Skunk Grove. 31221 For Mau-i-to-qua and son, one half-section each; for the 31222 children of Joseph Laframboise, one section, at Skunk Grove. 31223 For Washington Burbonnois, one section, joining his moth- 31224 er's reservation, (Calish Burbonnois.) 31225 For Ah-be-te-kezhic, one section, below the State-line on the 31226 Kaukakee Eiver. 699 31227 For Nancy, Sally, and Betsey Countreman, children of En- 31228 do-ga, one section, joining the reserves near Eock Village. 31229 For Jacqae Jonveau,^ one section, near the reservation of 31230 Me-she-ke-ten-o. 31231 For Wah-pon-seh and Qna-qui-to, five sections each, in the 31232 prairie near Eock Village. 31233 The persons to whom the foregoing reservations are made, 31234 are all Indians and of Indian descent. 31235 Article 3. In consideration of the cession in the first 31236 article, the United States agree to pay to the aforesaid Potawa- 31237 tamie Indians an annuity of fifteen thousand dollars for the term 31238 of twenty years. Six hundred dollars shall be paid annually to 31239 Billy Caldwell, two hundred dollars to Alexander Eobinson, and 31240 two hundred dollars to Pierre Le Glerc, during their natural 31241 lives. 31242 Article 4. The sum of twenty-eight thousand seven hun- 31243 dred and forty-six dollars shall be applied to the payment of 31244 certain claims against the Indians, agreeably to a schedule of 31245 the said claims hereunto annexed. 31246 The United States further agree to deliver to the said In- 31247 dians forty-five thousand dollars in merchandize immediately 31248 after signing this treaty ; and, also, the further sum of thirty 31249 thousand dollars in merchandize is hereby stipulated to be paid 31250 to them, at Chicago, in the year 1833. 31251 There shall be paid by the United States the sum of one 31252 thousand four hundred dollars to the following-named Indians, 31253 for horses stolen from them during the late war, as follows, to 31254 wit: 31255 To Pe-quo-no, for two horses, eighty dollars $80 00 31256 To Pa-ca-cha-be, for two ditto, eighty dollars 80 00 31257 To Shaw-wa-nas-see, for one ditto, forty dollars 40 00 31258 To Francis Sho-bon-nier, for three ditto, one hundred 31269 and twenty dollars 120 00 31260 To Sho-bon-ier, or Cheval-ier, for one ditto, forty 31261 dollars 40 00 3L262 To Naw-o-kee, for one ditto, forty dollars 40 00 31263 To Me-she-ke-ten-o, for one ditto, forty dollars 40 00 31264 To Ann-take, for two horses, eighty dollars 80 00 31265 To Che-chalk-ose, for one ditto, forty dollars. . , 40 00 31266 To Naa-a-gue, for two ditto, eighty dollars 80 00 31267 To Pe-she-ka-of-le-beouf, one ditto, forty dollars 40 00 3 1268 To Naw-ca-a-sho, for four ditto, one hundred and sixty 31269 dollars 160 00 31270 To Nox-sey, for one ditto, forty dollars 40 00 31271 To Ma-che-we-tah, for three ditto, one hundred and 31272 twenty dollars 120 00 700 31273 To Masco, for one ditto, forty dollars $40 00 31274 To Wa;h-pou-seh, for one horse, forty dollars 40 00 31275 To "Waub-e-sai, for three ditto, one hundred and 31276 twenty dollars 120 00 31277 To Chi.cag, for one ditto, forty dollars 40 00 31278 To Mo-swah-en.wah, one ditto, forty dollars 40 00 31279 To She-bon-e-go, one ditto, forty dollars 40 00 31280 To Saw-saw- wais-kuk, for two ditto, eighty dollars . . 80 00 31281 The said tribe having been the faithful allies of the United 31282 States during the late conflict with the Sacs and Foxes, in con- 31283 sideration thereof the United States agree to permit them to 31284 hunt and flsh'on the lands ceded, as also on the lands of the 31285 Government on Wabash and Sangamon Eivers so long as the 31286 same shall remain the property of the United States. 31287 After the signing of this treaty, and at the request of the 31288 Indians, three thousand dollars was applied to the purchasing of 31289 horses ; which were purchased and delivered to the Indians by 31290 our direction, leaving the ballance to be paid in merchandize at 31291 this time, forty-two thousand dollars. 31292 It is agreed, on the part of the United States, that the fol- 31293 lowing claims shall be allowed, agreeably to the fourth article of 31294 the foregoing treaty, viz : 31295 To Gurdon S. Hubbard, five thousand five hundred and 31296 seven ty-three dollars. 31297 Samuel Miller, seven hundred and ninety dollars, 31298 John Bt. Bobea, three thousand dollars. 31299 Eobert A. Kinzie, four hundred dollars. 31300 Jacque Jombeaux, one hundred and fifty dollars. 31301 Jacque Jombeaux, senior, fifteen hundred dollars. 31302 Medad B. Bobeaux, five hundred and fifty dollars. 31303 Noel Vasier, eighteen hundred dollars. 31304 Joseph Balies, twelve hundred and fifty dollars. 31305 Joseph Shawnier, one hundred and fifty dollars. 31306 Thomas Hartzell, three thousand dollars. 31307 Bernardus H. Lawton, three thousand five hundred dollars. 31308 George Walker, seven hundred dollars. 31309 Stephen J. Scott, one hundred dollars. 31310 Cole Weeks, thirty-eight dollars. 31311 Timothy B. Clark, one hundred dollars. 31312 George Pettijohn, fifty dollars. 31313 Thomas Forsyth, five hundred dollars. 31314 Antoine Le Clerc, fifty-five dollars. 31315 James B. Campbell, fifty-three dollars. 31316 John W. Blackstone, sixty dollars. 31317 Alexander Eobinson, ninety-one dollars. 31318 Francis Bulbona, jr.-, one thousand dollars. 701 81319 John Bt. Chevalier, six hundred and sixty dollars. 31320 Joseph La Frombois, four hundred and forty-one dollars. 31321 Leon Bourasau, eight hundred dollars. 31322 Peter Menard, jr., thirty-seven dollars. 31323 Joseph Shoemaker, eighteen dollars. 31324 Tunis S. Wendell, one thousand dollars. 31325 F. H. Countraman, forty dollars. 31326 Samuel Morris, one hundred and forty dollars. 31327 William Conner, two thousand dollars. 31328 John B. Bourie, twelve hundred dollars. 31329 Proclaimed January 21, 1833. 31330 POTTAWOTTOMIES OF THE STATE OF INDIANA AND 31331 TEEEITOEY OP MICHIGAN. 31332 Articles of a treaty made and concluded on the Tippecanoe River, 31333 in tJie State of Indiana, on tlie twenty seventh day of October, 31334 in the year of our Lord eighteen hundred and thirty-two, he- 31335 tween Jonathan Jennings, John W. Davis, and Maries Grume, 31336 commissioners on the part of the United States, and the chiefs 31337 and warriors of the Potoicatomies of the State of Indiana and 31338 Michigan Territory, 31339 Aeticle 1. The chiefs and warriors aforesaid cede to the 31340 United States their title and interest to lands in the States of 31341 Indiana and Illinois, and in the Territory of Michigan, south of 31342 Grand Eiver. 31343 Article 2. From the cession aforesaid the following re- 31344 servations are made, to wit: The reservation at Po-ca-gan's vil 31345 lage for his band, and a reservation for such of the Potowatomies 31346 as are resident at the village of Notta-we-sipa, agreeably to the 31347 treaties of the nineteenth of September, eighteen hundred and 31348 twenty-seven, and twentyeth of September, 1828, 31349 For the band of Kin-Kash, four sections. 3 1350 For O-ca-chee, one section. 31351 For the band Mes-qua-buck, four sections, to include his 31352 village. 31353 For the band of Che-kasfe, four sections, to include his 31354 village. 31355 For the band of Ghe-Chaw-kose, ten sections, to include his 31356 village. 31357 For the Potowatomies, two sections, to include their mills 31358 on Tippecanoe Eiver. 702 31359 For the band of To-i-sas brother Me-mot-way, and Ohe-quam- 31360 ka-ko, ten sections, to include their village. 31361 For the band of Ma-sac, four sections. 31362 For the band of Ash-kum and Wee-sio-nas, sixteen sections, 31363 to include their village. 31364 For the band, of Wee-sau, five sections of land, including 31365 one section granted to him by the treaty of eighteen hundred and 31366 twenty-eight, and to include his present residence. 31367 For the bands of Mo-ta and Men-o quet, four sections each, 31368 to include their villages. 31369 For Be-si-ah, four sections. 31370 Aktiole 3. The United States agree to grant to each of the 31371 following persons the quantity of land annexed to their names, 31372 -n-hich land shall be conveyed to them by patent : 31373 For Mon-i-taw-quah, daughter of Swa-gaw, one section, to 31374 Include Wi-me-gos village. 31375 For Wee-saw, three sections. 31376 For Po-quia, the sister of Jose, one section. 31377 For Ben-ack, eight sections. 31378 For Ursule Du-quin-dre, one section. 31379 For Ge-neir, one section. 31380 To To-pen-ne-bee, principal chief, one section. 31381 To Poch-a-gan, second chief, one section. 3 1382 To Pet-chi-co, two sections. 31383 To Saugana, one section. 31384 To Louis Barnett, one section. 31385 To Mam-qua, daughter of Sau-ga-na, one section. 31386 To Mish-a-wa, adopted daughter of Pit-e-chew, one section, 31387 To Kesis Shadana, one section. 31388 To Louis Chadana, one half-section. 31389 To Charles Chadana, one half-section. 31390 To John B. Chadana, one section. 31391 To Pier Navarre's wife, one section. 31392 To John B. Ducharm, one section. 31393 To Miesawbee, one quarter-section. 31394 To Baptiste L. Clare, one half-section. 31395 To Mary Lacomb's children, one half-section. 31396 To Joseph Bertrand's, jr., children, one half-section jointly. 31397 To Francis Page, jr., one half-section. 31398 To Alexander KoUane, a half-blood, one half-section. 31399 To Ee-re-mo-sau, (alias) Panish, one section and one half- 31400 section, on the McCou, on the river Eaison, In the Michigan 31401 Territory, which was reserved to his use at St. Joseph's treaty, 31402 of eighteen hundred and twenty-eight. 31403 To Mary Nedeau, one quarter-section. 31404 To Saw-grets, son of Pier Moran, one half-section. 703 31405 To Isadore Mo-mence and Wa-be-ga, sons of Pier Morans, 31406 one quarter-section each. 31407 To Poch-agan'swife, one section. 31408 To Pet-qua and Kee-see, sons of Ma-kee-sa-be, one half-sec- 31409 tion. 31410 To Pe-nem-cbis, one half-section. 31411 To IJCeu-a-tau-naut, one half-section. 31412 To Francis de Jean, one section. 31413 To Mary Ann Ben-ack, wife of Edward McCartney, three 31414 sections of land, to be located on the south side of the Turkey 31415 Creek Prairie. 31416 For Francis Besion, one half-section. 31417 For Miss-noqui, a chieftess, four sections. 31418 For Luther Eice, one quarter-section. 31419 For Med-lin Aucharm, one quarter-section. 31420 For Sheaupo Truckey, one section. 31421 For Ju-be Actrois, one section. 31422 For Ash-kum, two sections. 31423 For Pee-pees-kah, one section. 31424 For Po-ka-kause, one half-section. 31425 For Nas-wau-kee, one section. 31426 For Manine-nass, one half-section. 31427 For Paul Louglois, one half-section. 31428 For Peter Longlois, janr., one half-section. 31429 For Shaw-bo- wah-tuck, one quarter-section. 31430 For Betsey Eousaa, one quarter-section. 31431 For John Davis, one half-section. 31432 For Nancy Cicott, one quarter-section. 31433 For Amelia Cicott, one quarter-section. 31434 For Lazette Allen, one quarter-section. 31435 For Polly GrifiSth, daughter of Ne-bosh, two sections. 31436 For Chop-y-tuck, or John Payne, one section. 31437 For Joe Borisau, one quarter-section. 31438 For Quash-mau, one quarter section. 31439 For Masco, one quarter-section. 31440 For Mis-sink-qu-quah, six sections. 31441 For Aub-e-naub-bee, ten sections. 31442 For Nee-kaw Dizzardee, one quarter-section. 31443 For Mog-see, one half-section. 31444 To Kaubee, one half-section. 31445 To old Ann Mac-i-to, one half-section. 31446 To old Wee-saw, one half-section. 31447 To Pe-teno-on, one half-section. 31448 To Tou-se-qua, the wife of Joe Baily, one section. 31449 To Au-taw co-num, daughter of the Crane, one section. 31450 To Sen-niss-quah and her daughter Fancy, two sections. 704 31451 To James Burnett, one section. 31452 To To-gah, a Potawatomie woman, one quarter-section. 31453 To Mary Ann Bruner, one quarter-section. 31454 The foregoing reservations shall be selected, under the di- 31455 rection of the President of the United States, after the lands 31456 shall have been surveyed and the boundaries to correspond with 31457 the public surveys. 31458 Article 4. In consideration of the aforesaid cession the 31459 United Sbates will pay fifteen thonsand dollars aaniially for 31460 twelve years ; thirty-two thousand dollars in goods will be paid as 31461 soon after the signing of these articles as they can be procured, 31462 and ten thousand dollars in goods will be paid next spring at 31463 Notta-wasi-pa, and to be paid to that baud, and pay their just 31464 debts, agreeably to a schedule hereunto annexed, amounting to 31465 twenty thousand seven hundred and twenty-one dollars. 31466 The section of land granted by the treaty of St. Joseph to 31467 To-pe-nau-koung, wife of Peter Longlois, shall be purchased by 31468 the United States, if the same can be done for the sum of eight 31469 hundred dollars. 31470 The United States agree to appropriate, for the purposes of 31471 educating Indian youths, the annual sum of two thousand dol- 31472 lars, as long as the Congress of the United States may think 31473 proper, to be expended^ as the President may direct. 31474 This treaty shall take effect and be obligatory on the con- 31475 tracting parties as soon as the same shall'have been ratified by 31476 the President of the United States, by and with the advice and 31477 consent of the Senate. 31478 After the signing of this treaty, and at the request of the 31479 Indians, two thousand seven hundred dollars were applied to 31480 the purchasing of horses, which were purchased and delivered 31481 to the Indians under our direction, leaving the sum to be paid 31482 in merchandise at this time twenty-nine thousand three hundred 31483 dollars. 31484 It is agreed on the part of the United States that he fol- 31485 lowing claims shall be allowed, agreeable to the fourth article of 31486 the foregoing treaty, viz : 31487 To Erasmus Winslow, three hundred dollars. 31488 Squire Thompson, one hundred dollars. 31489 L. Johnson, three hundred and seventy-five dollars. 31490 Francis Comperret, two thousand four hundred and fifty 31491 dollars. 31492 lea Eice, fifteen hundred dollars. 31493 T. P. and J. J. Godfrey, two hundred and fifty dollars. 31494 Joseph Smith, twenty-six dollars. 31495 James Aveline, ninety-eight dollars. 31496 Edward Smith, forty-seven dollars. 705 31497 Gastavus A. Everts, two hundred dollars. 31498 Alexis Goqnillard, five thousand one hundred dollars. 31499 Lathrop M. Taylor, two thousand two hundred and eighty 31500 dollars. 31501 Peter and J. J. Godfroy, three thousand Ave hundred dol- 31502 lars. 31503 R. A. Forsyth, eighteen hundred dollars. 31504 Louis Dupuis, forty dollars. 31505 Timothy S. Smith, three hundred and ninety dollars. 31506 William Huff, one hundred dollars. 31507 Thomas Jones, two hundred and seventy -fire dollars. 31508 Michael Cadieux, four hundred and ninety dollars. 31509 Arthur Patterson, nine hundred dollars. 31510 Samuel McGeorge, three. hundred and fifty dollars. 31511 D. H. Colerick, one hundred and fifty dollars. 31512 James Conner, one thousand dollars. 31513 Proclaimed January 21, 1833. 31514 POTTAWOTOMIES— OAM-O-ZA, CHIEF. 31515 Articles of a treaty made and concluded at a camp on Lale 31516 Max-eenie-liue-lcee, in the State of Indiana, betuwen William 31517 Marshall, commissioner on the part of the United States, and 31518 Gom-o-za, a chief of the Potaioattimie tribe of Indians, and his 31519 band, on the fourth day of December, in the year eighteen hun- 31520 dred and' thirty four. 31521 Akticlb 1. The above-named chief and his band hereby 31522 cede to the United States the two sections of land reserved for 31523 them by the 2d article of the treaty between the United States 31524 and the Pottawattimie Indians on Tippecanoe Eiver on the 31525 26th day of October, in the year eighteen hundred and thirty- 31526 two. 31527 Article 2. The above-named chief and his baiud agree to 31528 yield peaceable possession of said sections within three years 31529 from the date of the ratification of said treaty of eighteen hun- 31530 dred and thirty-two. 31531 Article 3. In consideration of the cession aforesaid the 31532 United States stipulate to pay the above-named chief and his 31533 band the sum of foar hundred dollars in goods at the signing of 31534 this treaty, and an annuity of four hundred dollars for one year, 31535 the receipt of which former sum of (four hundred dollars in 31536 goods) is hereby acknowledged. 31537 Article 4. This treaty shall be binding upon both parties 31538 from the date of its ratification by the President and Senate of 31539 the United States. 31540 Proclaimed March 16, 1835. 89 IT 706 31541 POTTAWOTTOMIES— MUOK-EOSE, CHIEF. 31542 Articles of a treaty made and concluded at a camp on Tippecanoe 31543 River, in the State of Indiana, beticeen William Marshall, 31544 commissioner on the part of the United States, and Muclc-Bose, 31545 a chief of the Potaicattamie tribe of Indians, and his hand, on 31546 the tenth day of December, in the year eighteen hundred and 31547 thirtyfour. 31548 Article 1. The above-named chief and his band hereby 31549 cede to the United States six sections of land reserved for them 31550 by the second article of the treaty between the United States 31551 and the Pottawattamie Indians on Tippecanoe Eiver on the 31552 twenty-sixth day of October, in the year eighteen hundred and 31553 thirty-two. 31554 Article 2. Tlie above-named chief and his band agree to 31565 yield peaceable possession of the said sections of land to the 31556 United States within three years from the date of the ratiflca- 31557 tion of said treaty of eighteen hundred and thirty- two. 31558 Article 3. In consideration of the cession aforesaid the 31559 United States stipulate to pay to the above-named chief and his 31560 band four hundred dollars in goods at the signing of this treaty, 31561 and an annuity of one thousand dollars for two years, the 31562 receipt of which former sum of (four hundred dollars in goods) 31563 is hereby acknowledged. 31564 Article 4. This treaty shall be binding ujion both parties 31565 from the date of its ratification by the President and Senate 31566 of the United States. 31567 Proclaimed March 16, 1835. 31568 POTTAWATTOMIES— MOTA, CHIEF. 31569 Articles of a treaty made and concluded at the Indian agency, Lo- 31570 gansport, Indiana, between William, Marshall, commissioner 31571 on the part of the United States, and Mota, a chief of the Fo- 31572 tawattimie tribe of Indians, and his band, on the llth day of 31573 December, in the year eighteen hundred and thirtyfour. 31574 Article 1. The above-named chief and his band hereby 31575 cede to the United States the four sections of land reserved for 31576 them by the second article of the treaty between the United 31577 States and the Potawattimie Indians on the twenty-seventh day 31578 of October, in the year eighteen hundred and thirty -two. 31579 Article 2. The above-named chief and head-men and their 707 31580 band do hereby agree to yield J)eaceable possessioa of said sec- 31581 tions, and to remove, with their families, to a country provided 31582 for them by the United States west of the Mississippi Eiver 31583 within three years or less from the date of the ratification of 31584 said treaty of eighteen hundred and thirty-two. 31585 Article 3. The United States, in consideration of the ces- 31586 sion made in the first article of this treaty, do hereby stipulate 31587 to remove the above-named chief and head-men and their bands 31588 to the new country provided for them, and to furnish them 31589 either goods, farming-utensils, or other articles necessary for 31590 them, agreeably to the provisions of the fifth article of the treaty 31591 of October twenty-sixth, eighteen hundred and thirty-two. 31592 Article 4. The United States further stipulate to pay to 31593 the above-named chief and head-men and their bands the sum 31594 of six hundred and eighty dollars in goods at the signing of this 31595 treaty, and the further sum of six hundred dollars in cash at 31596 the payment of their annuities in 1835, the receipt of which 31597 former sum of (six hundred and eighty dollars in goods) is hereby 31598 acknowledged. 31599 Article 5. This treaty shall be binding upon both parties, 31600 from the date of its ratification by the Senate of the United 31601 States. 31602 Proclaimed March 10, 1835. 31603 rOTTAWOTTOMIBS— MES-QUAW-BUCK, CHIEF. 31604 Articles of a treaty made and concluded at camp in Turlcey Creek 31605 Prairie, in the State of Indiana, hetween AM G. Pepper, a 31606 commissioner of the United States, and Mes-qitaiv-ivcle, a chief 31607 of the Potiawatamy tribe of Indians, and his band, on twenty- 31608 sixth day of March, in the year eighteen hundred and thirty-six. 31609 Article 1. The above-named chief and his band hereby 31610 cede to the United States the four sections of land reserved for 31611 them by the second article of the treaty between the United 31613 States and the Pottawatamy Indians on Tippecanoe Eiver on the 31613 twenty-seventh day of October, 1832. 31614 Article 2. In consideration of the cession aforesaid the 31615 United States stipulate to pay the above-named chief and his 31616 band the sum of twenty-five hundred and sixty dollars in specie 31617 at the next payment of annuity after the ratification of this 31618 treaty. 31619 Article 3. The United States stipulate to provide for the 708 31620 payment of the necessary expenses attending the making and 31621 concluding this treaty. 31622 Article 4. The above-named chief and his band agree to 31623 yield peaceable possession of the above sections of land and re- 31624 move to the country west of the Mississippi provided for the 31625 Pottawatamy Nation by the United States within two years 31626 from this date. 31627 Akticle 5. This treaty shall be binding upon both parties 31628 from the date of its ratification by the President and Senate of 31629 the United States. 31630 Proclaimed June 4, 1836. 31631 POTTAWATTOMIES— WAU-KE-WA, CHE COSE'S ONLY 31632 SON, A CHIEF. 31633 Articles of a treaty made and concluded on Tippecanoe River, in 31634 the State of Indiana, between Abel G. Pepper, commissioner on 31635 the part of the United States, and Wau-lce-wa, Ghe-cose''s only 31636 son, a Pottawatamy chief, and his hand, on the twenty-ninth 31637 day of March, eighteen hundred and thirty-six. 31638 Article 1. The above-named chief and his band hereby 31639 cede to the United States the four sections of land reserved for 31640 them by the second article of the treaty between the United 31641 States and tjhe Pottawatamy Indians. 31642 Article 2. The above-named chief and his band agree to 31643 yield peaceable possession of said land within three months from 31644 this date, and to remove to the country provided for the Potta- 31645 watamy Nation west of the Mississippi Eiver within two years. 31646 Article 3. In consideration of the cession aforesaid the 31647 United States stipulate to pay the above-named chief an*,! his 31648 band twenty-five hundred and sixty dollars in specie at the first 31649 payment of annuity after the ratification of this treaty. 31650 Article 4. The United States stipulate to provide for the 31651 payment of the necessary expenses attending the making and 31652 concluding this treaty. 31653 Article 5. This treaty shall be binding upon both the 31654 parties from the date of its ratification by the President and 31655 Senate of the United States. 31656 Proclaimed June 4, 1836. 709 31657 POTTAWATTOMIES— PAU-KOO-SHCJOK, CHIEF, ETC. 31658 Articles of a treaty made and concluded at a camp on Tippecanoe 31659 River, in the State of Indiana, betiveen Abel G. Pepper, com- 31660 missioner on the part of the United States, and Pau-lcoo-shuclc, 31661 Aub-ba-naub-ba^s oldest son, and the head-men of Aubba- 31662 naub-ba^s band of Potawattimie Indians, this eleventh day of 31663 April, in the year eighteen hundred and thirty-six. 31664 Article 1. The aforesaid Pau-koo-sliuck and the head-men 31665 of Aub-ba-naub-ba's band hereby cede to the United States the 31666 thirty-six sections of land reserved for them by the second article 31667 of the treaty between the United States and the Potawattimie 31668- Indians on Tippecanoe Eiver on the twenty-sixth day of Octo- 31669 ber, in the year eighteen hundred and thirty-two. 31670 Akticle 2. In consideration of the cession aforesaid the 31671 United States stipulate to pay to the aforesaid band the sum of 31672 twenty-three thousand and forty dollars in specie, one-half at the 31673 first payment of annuity after the ratification of this treaty, and 31674 the other half at the succeeding payment of annuity. 31675 Article 3. The above-named Pau-koo-shuck and his band 31676 agree to remove to the country west of the Mississippi Eiver 31677 provided for the Potawattimie Nation by the United States 31678 within two years. 31679 Article 4. This treaty, after the same shall be ratified by 31680 the President and Senate of the United States, shall be binding 31681 upon both parties. 31682 Proclaimed May 25, 1836. 31683 POTTAWOTTOMIES— 0-KAH-MAUSE, CHIEF, ETC. 31684 Articles of a treaty made and concluded at the Indian agency in 31685 the State of Indiana, between Abel C. Pepper, commissioner on 31686 the part of the United States, and 0-Jcah-mause, Kee-watc-nay, 31687 Nee-boash, and Mat-chis-jaw, chiefs and head-men of the Pata- 31688 wattimie tribe of Indians, and their bands, on the tioenty-seeond 31689 day of April, in the year eighteen hundred and thirty-six. 31690 Article 1. The above-named chiefs and head-men and 31691 their bands hereby cede to the United States ten sections of 31692 land reserved for them by the second article of the treaty be- 31693 tween the United States and the Patawattimie tribe of Indians 710 31694 on Tippecanoe Eiver on the 26th day of October, in the year 31695 1832. 31696 Article 2. In consideration of the cession aforesaid the 31697 United States stipulate to pay to the above-named chiefs and 31698 head-men and their bands the sum of six thousand four hun- 31699 dred dollars at the first payment of annuity after the ratifica- 31700 tion of this treaty. 31701 Article 3. The above-named chiefs and head-men and 31702 their bands agree to remove to the country west of the Missis- 31703 sippi Eiver provided for the Patawattimie Nation by the United 31704 States within two years. 31705 Article 4. The United States stipulate to provide for the 31706 payment of the necessary expenses attending the making and 31707 concluding this treaty. 31708 Article 5. This treaty, after the same shall be ratified by 31709 the President and Senate of the United States, shall be binding 31710 upon both parties. 31711 Proclaimed May 25, 1836. 31712 POTTAWOTTOMIES— NAS-WAW-KEE, ETC., CHIEFS. 31713 Articles of a treaty made and concluded at the Indian agency in 31714 the State of Indiana, between Abel G. Pepper, commissioner on 31715 the part of the United States, and Nas-waw-Tcee and Quash- 31716 quaiv, chiefs and head-men of the Patawattimie tribe of In- 31717 dians, and their hands, on the 22d day of April, 1836. 31718 Article 1. The above-named, chiefs and head-men and 31719 their bands hereby cede to the United States three sections of 31720 land reserved for them by the second article of the treaty be- 31721 tween the United States and the Patawattimie tribe of Indians 31722 on Tippecanoe Eiver on the 26th day of October, 1832. 31723 Article 2. In consideration of the cession aforesaid the 31724 United States stipulate to pay the above chiefs and head-men 31725 and their bands nineteen hundred and twenty dollars at the 31726 first payment of annuity after the ratification of this treaty. 31727 Article 3. The above-named chiefs and head-men and 31728 their bands agree to give possession of the aforesaid three sec- 31729 tions of land and remove to the country west of the Mississippi 31730 Eiver provided by the United States for the Potawattimie Nation 31731 of Indians within two years from this date. 31732 Article 4. The United States stipulate to provide for the 31733 payment of the necessary expenses attending the making and 31734 concluding this treaty. 711 31735 Aeticle 5. This treaty, after the same shall be ratified by 31736 the President and Senate of the United States, shall be binding 31737 upon both jDarties. 31738 Proclaimed May 25, 1836. 31739 POTTAWOTIOMIBS— TO-I-SA'S BROTHER, ETC., 31740 CHIEFS. 31741 Articles of a treaty made and concluded at GMppewanaung, in the 31742 State of Indiana, between Abel G. Pepper, commissioner on the 31743 part of the United States, and To-i-sa's brother, Me-mat-way, 31744 and Che-quaic-lca-lw, chiefs and head-men of the Patawattimie 31745 tribe of Indians, and their band, on the twentieth day of Sep- 31746 tember, in the year eighteen hundred and thirty-six. 31747 Article 1. The above-named chiefs and head-men and 31748 their band hereby cede to the United States ten sections of 31749 land reserved for them by the second article of the treaty be- 31750 tween the United States and the Patawattimie tribe of Indians 31751 on Tippecanoe River on the 27th day of October, in the year 31752 1832. 31763 Abticle 2. In consideration of the cession aforesaid the 31754 United States stipulate to pay the above-named, chiefs and 31755 head-men and their band the sum of eight thousand dollars on 31756 or before the first day of May next. 31757 Article 3. The above-named chiefs and head-men and 31758 their band agree to remove to the country west of the Missis- 31759 sippi River provided for the Patawattimie Nation by the United 31760 States within two years. 31761 Article 4. At the request of the above-named band it is 31762 stipulated that after the ratification of this treaty the United 31763 States shall appoint a commissioner, who, shall be authorized to 31764 pay such debts of the said band as may be proved to his satis- 31765 faction to be just, to be deducted from the amount stipulated 31766 in tbe second article of this treaty. 31767 Article 5. The United States stipulate to provide for the 31768 payment of the necessary expenses attending the making and 31769 concluding this treaty. 31770 Article 6. This treaty, after the same shall be ratified by 31771 the President and Senate of the United States, shall be binding 31772 upon both parties. 31773 Proclaimed February 18, 1837. 712 31774 POTTAWOTTOMIES— PE-PIN-A-WAW, ETC., CHIEFS. 31775 Articles of a treaty made and concluded at a camp near Yellow 31776 Biver, in the Btate of Indiana, between Abel G. Pepper, com- 31777 missioner on the part of the United States, and Pe-pin-a-waw, 31778 Wo-taiohah, & Mac-Tcah-tah-mo-ah, chiefs and head-men of the 31779 Potawattimie tribe of- Indians, and their bands, on the fifth 31780 day of August, in the year eighteen hundred and thirty-six. 31781 Article 1. The above-named chiefs and head-men and 31782 their bands hereby cede to the United States twenty-two sec- 31783 tions of land, reserved for them by the second article of the 31784 treaty between the United States and the Potawattimie tribe of 31785 Indians, on Tippecanoe Eiver, on the twenty-sixth day of Octo- 31786 ber, in the year eighteen hundred and thirty-two. 31787 Article 2. In consideration of the cession aforesaid the 31788 United Btates stipulate to pay to the above-named chiefs and 31789 head-men and their bands the sum of fourteen thousand and 31790 eighty dollars in specie after the ratification of this treaty, and 31791 on or before the first day of May next ensuing the date hereof- 31792 Article 3. The above-named chiefs and head-men and their 31793 bands agree to remove to the country west of the Mississippi 31794 Eiver provided for the Potawattimie Nation by the United States 31795 within two years. 31796 Article 4. At the request of the above-named band it is 31797 stipulated that after the ratification of this treaty the United 31798 States shall appoint a commissioner, who shall be authorized to 31799 pay such debts of the said band as may be proved to his satis- 31800 faction to be just, to be deducted from the amount stipulated in 31801 the second article of this treaty. 31802 Article 5. The United States stipulate to provide for the 31803 payment of the necessary expences attending the making and 31804 concluding this treaty. 31805 Article 6. This treaty, after the same shall be ratified by 31806 the President and Senate of the United States, shall be binding 31807 upon both parties. 31808 Proclaimed February 18, 1837. 713 31809 POTTAWATTOMIES OF THE WABASH. 31810 Articles of a treaty made and conchided at GMp^e-icay-naung, in 31811 the State of Indiana, on the twenty-third day of September, in . 31812 the year one thousand eight hundred and thirty-six, between 31813 Abel G. Pepper, commissioner on the part of the United States, 31814: and the chiefs, warriors, and head-men of the Potaioattamie 31815 Indians of the Wabash. 31816 Article 1. The chiefs, warriors, and head-men of the Pota- 31817 wattamies of the Wabash hereby cede to the United States, all 31818 the land belonging to the said tribe in the State of Indiana, and 31819 designated in the treaty of 1832, (proclaimed January 21, 1833,) 31820 (between Jonathan Jennings, John W. Davis, and Marks Grume, 31821 commissioners of the United States, and the chiefs and warriors 31822 of the Potawattimies of the State of Indiana and Michigan 31823 Territory,) as reservations for the use of the following bands, viz : 31824 For the band of Kin-krash, four sections 4 sec. 31825 For the band of Ohe-chaw-kose, ten sections 10 do. 31826 For the band of Ash-kum and Wee-si-o-nas, sixteen sec- 31827 tions 16 do. 31828 For the band of We-saw, four sections. .. 4 do. 31829 For the band of Mo-tn, four sections 4 do. 31830 For the bands of Mi-no-quet, four sections 4 do. 31831 31832 42 31833 Article 2. In consideration of the cession aforesaid, the 31834 United States stipulate to pay the above chiefs, warriors, and 31835 head-men of the Potawattimie Nation one dollar and tweuty- 31836 five cents per acre, or thirty-three thousand six hundred dollars, 31837 (33,600,) in specie, on or before the first of May, in the year 31838 eighteen hundred and thirty-seven. — (Procliamed January 21, 31839 1833.) 31840 Article 3. The above-named chiefs, warriors, and head-men 31841 of the Potowattimies of the Wabash agree to remove to the coun- 31842 try west of the Mississippi Eiver provided for the Potawattimie 31843 Nation by the United States within two years. 31844 Article 4. At the request of the above-named chiefs, war- 31845 riors, and head-men of the Potawattimies aforesaid, it is stipu- 31846 lated that, after the ratification of this treaty, the United States 31847 shall appoint a commissioner, who shall be authorized to pay such 31848 debts of said Wabash Potawattimies as may be proved to his 31849 satisfaction to be just, to be deducted from the amount stipulated 31850 in the 2d article of this treaty. 90 I T 714 31851 Article 5. The United States stipulate to provide for the 31852 payment of the necessary expenses attending the making and 31853 concluding this treaty. 31854 Article 6. This treaty shall be binding upon the parties 31855 aforesaid from the date of its ratification by the President and 31856 Senate of the United States, 31857 Proclaimed February 18, 1837. 31858 POTTAWOTTOMIES, MO-SACK, CHIEF. 31859 Articles of a treaty made and concluded at Chippewanaung, in the 31860 State of Indiana, between A. G. Pepper, commissioner on the 31861 part of the United States, and Mo-sack, chief of the Potawattimie 31862 tribe of Indians, and his band, on the twenty-second day of S^- 31863 tember, in the year eighteen hundred and thirty-six. 31864 Article 1. The above-named chief and his band hereby 31865 cede to the United States four sections of land, reserved for 31866 him and his band by the 2nd article of the treaty between the 31867 United States and the Potawattimie tribe of Indians, on Tip- 31868 pecanoe Eiver, on the 27th day of October, in the year eighteen 31869 hundred and thirty-two, (proclaimed January 21, 1833.) 31870 Article 2. In consideration of the cession aforesaid, the 31871 United States stipulate to pay the above-named chief and his 31872 band the sum of three thousand two hundred dollars, on or be- 31873 fore the first of May next. 31874 Article 3. The above-named chief and his band agree to 31875 remove to the country west of the Mississippi Eiver provided 31876 for the Potawattimie Nation by the United States within two 31877 years. 31878 Article 4. At the request of the above-named chief and 31879 his band, it is stipulated that after the ratification of this treaty 31880 the United States shall appoint a commissioner, who shall be 31881 authorized to pay such debts of the said band as may be proved 31882 to his satisfaction to be just, to be deducted from the amount 31883 stipulated in the second article of this treaty. 31884 Article 5. The United States stipulate to provide for the 31886 payment of the necessary expenses ' attending the making and 31886 concluding this treaty. 31887 Article 6. This treaty, after the same shall be ratified by 31888 the President and Senate of the United States, shall be binding 31889 upon both parties. 31890 Proclaimed February 16, 1837. 715 31891 POTTAWOTTOMIES, CHEE-CHAW-KOSE, OHrBP. 31892 Articles of a treaty concluded in the city of Washington on tJie 31893 eleventh day of February, eighteen hundred and thirty-seven, 31894 between John T. Douglass, commissioner on the ^art of the 31895 United States, and Gliee-chaw-Jcose, Ash-hum Wee-saw, or Lou- 31896 ison, MucTc-Tcose, and Qui-qui-to, chiefs of the Potawatomie 31897 tribe of Indians. 31898 Article 1. The chiefs and head-men above named do, for 31899 themselves and their respective bands, sanction and give their 31900 assent to the provisions of the treaties concluded between A. C. 31901 Pepper, commissioner on the part of the United States, and 31902 certain chiefs and young men of the Potawatomie tribe of Indians, 31903 on the 5th day of August and 23d day of September, 1836, (both 31904 proclaimed February 18, 1837,) in which were ceded to the United 31905 States certain lands in the State of Indiana, in which the chiefs 31906 and head-men above named have an interest, the same having 31907 been reserved for them and their bands, respectively, in the treaties 31908 ofOctober26thand27th,1832. And the chiefs and head-men above 31909 named, for themselves and their bands, do hereby cede to the 31910 United States all their interest in said lands, an d agree to remove 31911 to a country that may be provided for them by the President of 31912 the United States southwest of the Missouri River, within two 31913 years from the ratification of this treaty. 31914 Article 2. The United States agree that the several sums, 31915 for the jiayment of which provision is made in the treaties of 31916 August and September, 1836, referred to in the preceding arti- 31917 cle, shall be paid to the respective chiefs and bands for whose 31918 benefit the lands ceded by said treaties were reserved. 31919 Article 3. The United States further agree to convey, by 31920 patent, to the Potawatomies of Indiana, a tract of country on 31921 the Osage Eiver, southwest of the Missouri River, sufficient in 31922 extent and adapted to their habits and wants ; remove them to 31923 the same ; furnish them with one year's subsistence after their 31924 arrival there, and pay the expenses of this treaty and of the 31925 delegation now in this city. 31926 Article 4. It is further stipulated that the United States 31927 will purchase the "five sections in the prairie, near Rock Vil- 31928 lage," reserved for Qui-qui-to in the second article of the treaty 31929 of October 20th, 1832, for the sum of |4,000, to be paid to said 31930 chief at such times and places as the President of the United 31931 States may think proper, 31932 Article 5. This treaty to be obligatory upon the contract- 31933 ing parties when ratified by the President and Senate of the 31934 United States. 31935 Proclaimed February 18, 1837. 716 31936 QUAPAWS. 31937 A treaty of friendship, cession, and limits, made and entered into 31938 this twenty-fourth day of August, eighteen hundred and eight- 31939 een, ly and between William ClarJc and Auguste Chouteau, 31940 commissioners on the part and lehalf of the United States, of 31941 the one part, and the undersigned chiefs and warriors of the 31942 Quapaw tribe or nation, on the part and behalf of their said 31943 tribe or nation, of the other part. 31944 Article 1. The undersigaed chiefs and warriors, for them- 31945 selves and their said tribe or nation, do hereby acknowledge 31946 themselves to be under the protection of the United States, and 31947 of no other state, power, or sovereignty whatsoever. 31948 Aetiole 2. The undersigned chiefs and warriors, for them- 31949 selves and their said tribe or nation, do hereby, for and in con- 31950 sideration of the promises and stipulations hereinafter named, 31951 cede and relinquish to the United States forever all the lands 31952 within the following boundaries, viz : Beginning at the mouth 31953 of the Arkansaw Eiver ; thence extending up the Arkansaw to 31954 the Canadian Fork, and up the Canadian Fork to its source ; 31955 thence south to Big Eed River, and down the middle of that 31956 river to the Big Eaft ; thence a direct line so as to strike the 31957 Mississippi Eiver thirty leagues in a straight line below the 31958 mouth of Arkansaw, together with all their claims to land east 31959 of the Mississippi and north of the Arkansaw Eiver included 31960 within the coloured lines 1, 2, and 3 on the above map, * with 31961 the exception and reservation following, that is to say, the tract 31962 of country bounded as follows : Beginning at a point on the 31963 Arkansaw Eiver opposite the present post of Arkansaw, and 31964 running thence a due southwest course to the Washita Eiver ; 31965 thence up that river to the Saline Fork ; and up the Saline Fork 31966 to a point from whence a due north course would strike the Ar- 31967 kansaw Eiver at the Little Eock ; and thence down the right 31968 bank of the Arkansaw to the place of beginning; which said 31969 tract of land, last above designated and reserved, shall be sur- 31970 veyed and marked oft' at the expense of the United States as 31971 soon as the same can be done with convenience, and shall not 31972 be sold or disposed of by the said Quapaw tribe or nation to any 31973 individual whatever, nor to any State or nation, without the ap- 31974 probation of the United States first had and obtained. 31975 Article 3. It is agreed between the United States and the 31976 said tribe or nation that the individuals of the said tribe or na- 31977 tion shall be at liberty to hunt within the territory by them *A map accompanies the original treaty. (BeserYation.) 717 31978 ceded to the United States, without hindrance or molestation, 31979 so long as they demean themselves peaceably and offer no inj ury 31980 or annoyance to any of the citizens of the United States, and 31981 until the said United States may think proper to assign the 31982 same, or any portion thereof, as hunting-grounds to other friendly 31983 Indians. 31984 Aetiole 4. No citizen of the United States, or any other 31985 person, shall be permitted to settle on any of the lands hereby 31986 allotted to and reserved for the said Quapaw tribe or nation 31987 to live and hunt on ; yet it is expressly understood and agreed 31988 on, by and between the parties aforesaid, that at all times the 31989 citizens of the United States shall have the right to travel and 31990 pass freely, without toll or exaction, through the Quapaw reser- 31991 vation, by such roads or routes as now are or hereafter may be 31992 established. 31993 Article 5. In consideration of the cession and stipulations 31994 aforesaid, the United States do hereby promise and bind them- 31995 selves to pay and deliver to the said Quapaw tribe or nation, 31996 immediately upon the execution of this treaty, goods and mer- 31997 chandize to the value of four thousand dollars, and to deliver, 31998 or cause to be delivered, to them, yearly, and every year, goods 31999 and merchandize to the value of one thousand dollars, to be es- 32000 timated in the city or place in the United States where the same 32001 are procured or purchased. 32002 Akticle 6. Least the friendship which now exists between 32003 the United States and the said tribe or nation should be inter- 32004 rupted by the misconduct of individuals, it is hereby agreed 32005 that, for injuries done by individuals, no private revenge or re- 32006 taliation shall take place; but, instead thereof, complaints shall 32007 be made by the party injured to the other by the tribe or nation 32008 aforesaid to the governor, superintendent of Indian affairs, or 32009 some other person authorized and appointed for that purpose ; 32010 and by the governor, superintendent, or other person anthor- 32011 ized, to the chiefs of the said tribe or nation. And it shall be 32012 the duty of the said tribe or nation, upon complaint being made, 32013 as aforesaid, to deliver up the person or persons against whom 32014 the complaint is made, to the end that he or they may be pun- 32015 ished agreeably to the laws of the State or Territory where the 32016 offence may have been committed ; and, in like manner, if any 32017 robbery, violence, or murder shall be committed on any Indian 32018 or Indians belonging to the said tribe or nation, the person or 32019 persons so offending shall be tried, and, if found guilty, punished 32020 in like manner as if the injury had been done to a white man. 32021 And it is further agreed that the chiefs of the said tribe or na- 32022 tion shall, to the utmost of their power, exert themselves to re- 32023 cover horses or other property which may be stolen from any 718 32024 citizen or citizens of tlie United States by any individual or in- 32025 dividuals of the said tribe or nation ; and the property so re- 32026 covered shall be forthwith delivered to the governor, superin- 32027 tendant, or other person authorized to receive the same, that it 32028 may be restored to the proper owner. And in cases where the 32029 exertions of the chiefs shall be ineffectual in recovering the 32030 property stolen, as aforesaid, if sufacient proof can be obtained 32031 that such property was actually stolen by an Indian or Indians 32032 belonging to the said tribe or nation, a sum equal to the value 32033 of the property which has been stolen may be deducted by the 32034 United States from the annuity of said tribe or nation. And 32035 the United States hereby guaranty to the individuals of the said 32036 tribe or nation a full indemnification for any horse or horses or 32037 other property which may be taken from them by any of their 32038 citizens : Provided, The property so stolen cannot be recovered, 32039 and that sufllcient proof is produced that it was actually stolen 32040 by a citizen or citizens of the United States. 32041 Article 7. This treaty shall take effect and be obligatory 32042 on the contracting parties as soon as the same shall have been 32043 ratified by the President of the United States, by and with the 32044 advice and consent of the Senate.' 32045 Proclaimed July 5, 1818. 32046 Articles of a treaty between the United States of America and the 32047 Quapaw Nation of Indians. 32048 Article 1. The Quapaw Nation of Indians cede to the 32049 United States of America, in consideration of the promises and 32050 stipulations hereinafter made, all claim or title which they may 32051 have to lands in the Territory of Arkansas, comprised in the fol- 32052 lowing boundaries, to wit: Beginning at a point on the Arkan- 32053 sas Eiver, opposite to the post of Arkansas, and. running thence 32054 a due southwest course to the Ouachita Eiver; and thence up 32055 the same to the Saline Fork; and up the Saline Fork to a point 32056 from whence a due northeast course will strike the Arkansas 32057 Eiver at Little Eock ; and thence down the right (or south bank) 32058 of the Arkansas Eiver to the place of beginning. 32059 Article 2. In consideration of the cession made in the first 32060 article of this treaty by the aforesaid chiefs and warriors, the 32061 United States engage'to pay to the four head chiefs of the Qua- 32062 paw Nation the sum of five hundred dollars each, in considera- 32063 tion of the losses they will sustain by removing from their farms 32064 and improvements, the payment to be made at the time they 32065 ■ receive their annuity for the year 1825 ; and also to the said 32066 nation the sum of four thousand dollars, to be paid in goods at 32067 the signing of this treaty. And the United States also engage 719 32068 to pay to the Quapaw Nation one thousand dollars in specie, 32069 annually, for the term of eleven years, in addition to their pres- 32070' ent annuity. 32071 Article 3. The United States hereby guaranty to the said 32072 nation of Indians the same right to hunt on the lands by them 32073 hereby ceded as was guarantied to them by a treaty concluded 32074 at St. Louis on the 24th of August, 1818, between the said Qua- 32075 paw Nation of Indians and William Clark and August Choteau, 32076 commissioners on the part of the United States. 32077 Article 4. The Quapaw tribe of Indians will hereafter be 32078 concentrated and confined to the district of country inhabited 32079 by the Caddo Indians, and form a part of said tribe. The s lid 32080 nation of Indians are to commence removing to the district 32081 allotted them before the twentieth day of January, one thou- 32082 sand eight hundred and twenty-six. 32083 Article 5. For the purpose of facilitating the removal of 32084 the said tribe to the district of country allotted them, and as 32085 a compensation for the losses sustained and the inconveniences 32080 to which they may be exposed by said remo^'al, the United States 32087 will furnish them with corn, meat, and salt, for six months, 32088 from the first day of January, one thousand eight hundred and 32089 twenty-six. The United States further agree to furnish a sum 32090 not exceeding one thousand dollars, to be expended by their 32091 agent, to facilitate the transportation of the said tribe to the 32092 district of country herein assigned them. An agent, sub-agent, 32093 or interpreter, shall be appointed to accompany said tribe and 32094 to reside among them. 32095 Article 6. From the cession aforesaid there shall be re- 32096 served to James Scull, in consideration of a debt of seven 32097 thousand five hundred dollars due to him from the Quapaw 32098 Nation, and recognized in open council, two sections of land, 32099 commencing on the Arkansas Eiver opposite to Mrs. Erabree's 32100 and runningup and back from said river for quantity. And the 32101 United States guaranty to the Quapaw Nation the payment of 32102 the said debt of seven thousand five hundred dollars, either by 32103 the ratification of the grant made in this article or by the pay- 32104 ment of said amount in money, exclusive of the amount stipu- 32105 lated to be paid to the said nation by this treaty. 32106 Article 7. There shall be granted by the United States 32107 to the following persons, being Indians by descent, the follow- 32108 ing tracts of land : To Francois Imbeau, one quarter- section of 32109 land, commencing at a point on the Arkansas Eiver opposite 32110 the upper end of Wright Daniel's farm, and thence up and back 32111 from said river for quantity. To Joseph Duchassien, one quar- 32112 ter-section of land, commencing at the lower corner of the quar- 32113 ter-section granted to Francois Imbeau, and running down and 720 32114 back from said river for quantity. To Saracen, a half-breed 32115 Quapaw, eighty acres of land, to belaid off so as to include his 32116 improvement, where he now resides, opposite Vaugine's. To 32117 Batiste Socie, eighty acres of land laying above and adjoining 32118 Saracen's grant. To Joseph Bonne, eighty acres of land lying 32119 above and adjoining Socle's grant. To Baptiste Bonne, eighty 32120 acres of land lying above and adjoining Joseph Bonne's grant. 32121 To Lewis Bartelmi, eighty acres of land lying above and ad- 32122 joining Baptiste Bonne's grant. To Antoine Duchassin, eighty 32123 acres of land lying above and adjoining Bartelmi's grant. To 32124 Baptiste Imbeau, eighty acres of land lying above and adjoining 32125 A. Duchassin's grant. To Francois Coupot, eighty acres of land 32126 lying above and adjoining Baptiste Imbeau's grant. To Joseph 32127 Valliere, eighty acres of land lying above and adjoining Fran- 32128 cois Coupot's grant. All the said tracts of land shall be laid off 32129 so as to conform to the lines of the United States surveys and 32130 binding on the Arkansas Eiver. 32131 Article 8. This treaty shall take effect and be obligatory 32132 on the contracting parties so soon as the same shall be ratified 32133 by the Senate of the United States. 32134 Proclaimed February 18, 1825. 32135 Articles of agreement or a treaty between the United States and the 32136 Quapaw Indians entered into hy John F. Schermerhorn, com- 32137 missioner of Indian affairs West, on the part of the United 32138 States, and the chiefs and warriors of the Quapaw Indians. 32139 Whereas, by the treaty between the United States and the 32140 Quapaw Indians, concluded November 15th, 1824, they ceded to 32141 the United States all their lands in the Territory of Arkansas, 32142 and according to which they were " to fee concentrated and con- 32143 fined to a district of country inhabited by the Caddo Indians and 32144 form apart of said tribe," (see article 4, preceding treaty ;) and 32145 Whereas they did remove according to the stipulations of 32146 said treaty, and settled on the Bayou Treache on the south side 32147 of Eed Eiver, on a tract of land given them by the Caddo In- 32148 dians, but which was found subject to frequent inundations on 32149 account of the raft on Eed Eiver, and where their crops were 32150 destroyed by the water year after year, and which also proved 32151 to be a very sickly country, and where, in a short time, nearly 32152 one-fourth of their people died ; and 32153 Whereas they could obtain no other situation from the 32154 Caddoes, and they refused to incorporate them and receive them 32155 as a constituent part of their tribe, as contemplated by their 32156 treaty with the United States, and as they saw no alternative but 721 32157 32158 32159 32160 32161 32162 32163 32164 32165 32166 32167 32168 32169 32170 32171 32172 32173 32174 32175 32176 32177 32178 32179 32180 32181 32182 32183 32184 32185 32186 32187 32188 32189 32190 32191" 32192 32193 32194 32195 32196 32197 32198 32199 32200 32201 32202 to perish, if they continued there, or to return to their old resi- dence on the Arkansas, they therefore chose the latter ; and Whereas they now find themselves very unhappily situated in consequence of having their little improvements taken from them by the settlers of the country, and being anxious to secure a permanent and peaceable home, the following articles or treaty are agreed upon between the United States and the Quapaw In- dians, by John F. Schermerhorn, ., , commis- sioners of Indian affairs West, and the chiefs and warriors of said Quapaw Indians, this (13th) thirteenth day of May, 1833 : Article 1. The Quapaw Indians hereby relinquish and convey to the United States all their right and title to the lands given them by the Caddo Indians on the Bayou Treache of Red Eiver. Article 2. The United States hereby agree to convey to the Quapaw Indians one hundred and fifty sections of land west of the State line of Missouri and between the lands of the Sene- cas and Shawnees, not heretofore assigned to any other tribe of Indians, the same to be selected and assigned by the commis- sioners of Indian affairs West, and which is expressly designed to be [in] lieu of their location on Eed Eiver ; and to carry into effect the treaty of 1824, in order to provide a permanent home for their nation, the United States agree to convey the same, bypatenttothem and their descendants as longasthey shall exist as a nation or continue to reside thereon ; and they also agree to protect them in their new residence against all interruption or disturbance from any other tribe or nation of Indians or from any other person or i3ersons whatever. Article 3. Whereas it is the policy of the United States, in all their intercourse with the Indians, to treat them liberally as well as justly, and endeavor to promote their civilization and prosperity, it is further agreed that, in consideration of the im- portant and extensive cessions of lands made by the Quapaws to the United States, and in view of their present impoverished and wretched condition, they shall be removed to their new homes at the expense of the United States, and that they will supply them with one year's provision from the time of their removal, which shall be as soon as they receive notice of the ratification of this treaty by the President and Senate of the United States. The United States will also furnish and deliver to them, after their arrival at their new homes, one hundred cows, one hundred breeding-hogs, one hundred sheep, ten yoke of working-cattle, twenty-five ploughs, one hundred axes, one hundred hoes, four ox-carts, and one wagon, with all their necessary rigging; twenty iron hand corn-mills ; tools of different descriptions to the amount of two hundred dollars; also, looms, 91 IT 722 32203 wheels, reels, arid wool-cards to the amount of two hundred dol- 32204 lars; one hundred blankets; fifty rifleS, and five shot-guns, all 32205 with flint-lOcks; ten kegs of powder, and six hundred pounds of 32206 lead. The United States agree to provide a farmer to reside 32207 with them and to aid arid iflstf uct them in their agricultural 32208 pursuits, arid a blacksmith to do their necessary Work, with a 32209 shop and tools, and iron aind steel not exceeding one ton per 32210 year. The United States also agree to appropriate one thousand 32211 dollars per year for education purposes, to be expended under 32212 the direction of the President of the United States ; the farmer 32213 and blacksmith and the above appropriation for education pur- 32214 poses to be continued only as long as the JE^resident of the Uni- 32215 ted States deems necessary for the best iriterests of the Indians. 32216 Article 4. It is hereby mutually agreed upon between the 32217 parties respectively to this treaty, that in lieu of and in full 32218 consideration of their present annuities, perpetual and limited, 32219 the Uriited States will pay the debts of the Quapaw Indians, 32220 accoi^ding to the annexed schedule, tO the amount of four thou- 32221 sand one hundred and eighty dollars, provided they can be dis- 32222 charged in full for that amount. They will also expend to the 32223 amount of one thousand dollars in hiring suitable labourers to 32224 build and aid them in erecting comfortable cabins and houses to 32225 live in ; and also that they will pay them annually two thousand 32226 dollars for twenty years from the ratification of this treaty, and 32227 that out of said annuity there shall be allowed to their four 32228 principal chiefs, Hackatton, Sarassan, Tonnorijirika, and Kahe- 32229 ketteda, and to their successors each, in addition to their'distri- 32230 butive share of said annuity, the sum of fifty dollars per year. i 2231 Article 5. It is hereby agreed, and expressly understood, 32232 that this treaty is only supplementary to the treaty of 1824, and 32233 designed to carry into eifeCt the views of the Uriited States in 32234 providing a permanent and comfortable home for the Quapaw 32235 Indians ; and also that all the stock and articles furnished the 32236 Indians by the United States as expressed in the fourth article 32237 shall be under the care arid directiori of the agent and farmer of 32238 said tribe, to see that the same is not squandered or sold, or any 32239 of the stock slain by the Indians, untill such time as the natu- 32240 ral increase of the stock will warrant the same to be done with- 32241 out destroyirig the whble, and thus defeating the benevolent 32242 views of the Grovemmeiit in making this provision for them. 32243 Article 6. The United States also agrees to employ an 32244 interpreter tO accompany them on their renioval, and the same 32245 to continue with them during the pleasure of the President of 32246 the United States. The above treaty shall be binding on the 32247 United States whenever ratified and approved by the President 32248 and Senate of the United States. 723 32249 The amouut due from the Quapaw tribe of Indians to the 32250 followiug-named persons : 32251 Frederick Notrabe $567 00 32252 Joseph Dardene 300 00 32253 Ignace Bogy 170 00 32254 Alexander Dickersou 28 00 32255 William Montgomery 350 00 32256 Joseph Bonne 30 00 32257 Joseph Duchasin '. 30 00 32258 Baptists Bonne 20 00 32259 Antoine Barraque .... ^ 2, 235 00 32260 Ueorge w! Boyer 50 00 32261 Weylon Kipg 400 00 32262 32263 4, 180 00 32264 Proclaimed April 12, 1834. 32265 QUI-NAI-BLTS, ETC. 32266 Treaty between the United States and the Qui-nai-elt and Quil-leh- 32267 ute Indians, concluded on the Qui-naielt River, in the Terri* 32268 tory of Washington, July 1, 1855, and at the city of Olympia 32269 January 25, 1856 ; ratified by the Senate March 8, 1859. 32270 James Buchanan, President of the United States of America, 32271 to all and singular to whom these presents shall come, 32272 greeting: 32273 Whereas a treaty was made and concluded on the Qui-nai- 32274 elt River, in the Territory of Washington, on the first day of 32275 July, one thousand eight hundred and fifty-five, and at the city 32276 of Olympia, also in said Territory, on the twenty-fifth day of 32277 January, one thousand eight hundred and fifty-six, between 32278 Isaac I. Stevens, governor and superintendent of Indian affairs 32279 in the Territory aforesaid, on the part of the United States, and 32280 the hereinafter-named chiefs, head-men, and delegates of the 32281 different tribes and bands of the Qui-nai-elt and Quil-leh -ute 32282 Indians, on the part of said tribes and bands, and duly author- 32283 ized thereto by them ; which treaty is in the words and figures 32284 following, to wit : 32285 Articles of agreement and convention made and concluded by 32286 and between Isaac I. Stevens, governor and superintendent 32287 of Indian affairs of the Territory of Washington, on the 32288 part of the United States, and the undersigned chiefs, head- 32289 men, and delegates of the different tribes and bauds of the 724 32290 Qui-nai-elt aud Quil-leh-ute Indians, on the part of said 32291 tribes and bands, and duly authorized thereto by them. 32292 Article 1. The said tribes and bands hereby cede, relin- 32293 quish, and convey to the United States all their right, title, and 32294 interest in and to the lands and country occupied by them, 32295 bounded and described as follows : Commencing at a point on 32296 the Pacific coast, which is the southwest corner of the lands 32297 lately ceded by the Makah tribe of Indians to the United States, 32298 and running easterly with and along the southern boundary of 32299 the said Makah tribe to the middle of the coast range of moun- 32300 tains ; thence southerly with said range of mountains to their 32301 intersection with the dividing ridge between the Chehalis 32302 and Quiniatl Elvers; thence westerly with said ridge to the 32303 Pacific coast; thence northerly along said coast to the place of 32304 beginning. 32305 Article 2. There shall, however, be reserved, for the use and 32306 occupation of the tribes and bands aforesaid, a tract or tracts of 32307 land suflicient for their wants within the Territory of Washing- 32308 ton, to be selected by the President of the United States, and here- 32309 after surveyed or located and set apart, for their exclusive use, 32310 and no white man shall be permitted to reside thereon without 32311 permission of the tribe and of the superintendent of Indian 32312 affairs or Indian agent. And the said tribes and bands agree to 32313 remove to and settle upon the same within one year after the 32314 ratification of this treaty, or sooner, if the means are furnished 32315 them. In the meantime it shall be lawful for them to reside 32316 upon any lands not in the actual claim and occupation of citi- 32317 zens of the United States, and upon any lands claimed or occu- 32318 pied, if with the permissionof the owner or claimant. Ifneces- 32319 sary for the public convenience, roads may be run through said 32320 reservation, on compensation being made for any damage sus- 32321 taiued thereby. 32322 Article 3. The right of taking fish at all usual and ac- 32323 customed grounds and stations is secured to said Indians in com- 32324 monwith all citizens of the Territory, and of erecting temporary 32325 houses for the purpose of curing the same, together with the 32326 privilege of hunting, gathering roots and berries, and pasturing 32327 their horses on all open and unclaimed lands : Provided, ho wever, 32328 That they shall not take shell-fish from any beds staked or culti- 32329 vated by citizens; and provided, also, that they shall alter all 32330 stallions not intended for breeding, and shall keep up and con- 32331 fine the stallions themselves. 32332 Article 4. In consideration of the above cession, the United 32333 States agree to pay to the said tribes and bands the sum of twenty- 32334 five thousand dollars, in the following manner, that is to say : 32335 For the first year after the ratification hereof, two thousand 725 32336 five hundred dollars; for the next two years, two thousand 32337 dollars each year ; for the next three years, one thousand six 32338 hundred dollars eaoh year ; for the next four years, one thousand 32339 three hundred dollars each year ; for the next five years, one 32340 thousand dollars each year ; and for the next five years, seven 32341 hundred dollars each year ; all of which sums of money shall 32342 be applied to the use and benefit of the said Indians under the 32343 directions of the President of the United States, who may, from 32344 time to time, determine at his discretion upon what beneficial 32345 objects to expend the same; and the superintendent of Indian 32346 aifairs, or other proper officer, shall each year inform the Presi- 32347 dent of the wishes of said Indians in respect thereto. 32348 Article 5. To enable the said Indians to remove to and 32349 settle upon such reservation as may be selected for them by the 32350 President, and to clear, fence, and break up a sufflcient quantity 32351 of land for cultivation, the United States further agree to pay 32352 the sum of two thousand five hundred dollars, to be laid out and 32353 expended under the direction of the President, and in such 32354 manner as he shall approve. 32355 Article 6. The President may hereafter, when in his 32356 opinion the interests of the Territory shall require, and the wel- 32357 fare of the said Indians be promoted by it, remove them from 32358 said reservation or reservations to such other suitable place or 32359 places within said Territory as he may deem fit, on remunerating 32360 them for their improvements and the expenses of their removal, 32361 or may consolidate them with other friendly tribes or bands, in 32362 which latter case the annuities payable the consolidated tribes re- 32363 spectively shall also be consolidated ; and he may further, at 32364 his discretion, cause the whole or any portion of the lands to be 32365 reserved, or of such other land as may be selected in lieu thereof, 32366 to be surveyed into lots, and assign the same to such individuals 32367 or families as are willing to avail themselves of the privilege, 32368 and will locate on the same as a permanent home, on the same 32369 terms and subject to the same regulations as are provided in the 32370 sixth article of the treaty with the Omahas, so far as the same 32371 may be applicable. Any substantial improvements heretofore 32372 made by any Indians, and which they shall be compelled to 32373 abandon in consequence of this treaty, shall be valued under the 32374 direction of the President, and payment made accordingly there- 32375 for. 32376 Article 7. The annuities of the aforesaid tribes and bands 32377 shall not be taken to pay the debts of individuals. 32378 Article 8. The said tribes and bands acknowledge their 32379 dependence on the Government of the United States, and pro- 32380 mise to be friendly with all citizens thereof, and pledge them- 32381 selves to commit no depredations on the property of such citizens]; 726 32382 and should any one or more of them violate this pledge, and the 32383 fact be satisfactorily proven before the agent, the property taken 32384 shall be returned, or, in default thereof, or if injured or destroyed, 32385 compensation may be made by the Government out of their an- 32386 nuities. Nor will they make war on any other tribe, except in 32387 self-defence, but will submit all matters of differeuce between 32388 them and other Indians to the Government of the United States, 32389 or its agent, for decision, and abide thereby; and if any of the 32390 said Indians commit any depredations on any other Indians 32391 within the Territory, the same rule shall prevail as is prescribed 32392 in this article in case of depredations against citizens. And the 32393 said tribes and bands agree not to shelter or conceal offenders 32394 against the laws of the United States, but to deliver them to the 32395 authorities for trial. 32396 Akticle 9. The above tribes and bands are desirous to ex- 32397 elude from their reservations the use of ardent spirits, and to 32398 prevent their people from drinking the same, and therefore it is 32399 provided that any Indian belonging to said tribes who is guilty 32400 of bringing liquor into said reservations, or who drinks liquor, 32401 may have his or her proportion of the annuities withheld from 32402 him or her for such time as the President may determine. 32403 Article 10. The United States further agree to establish 32404 at the general agency for the district of Pnget Sound, within one 32405 year from the ratification hereof, and to support for a period of 32406 twenty years, an agricultural and industrial school, to be free to 32407 the children of the said tribes and bands in common with those 32408 of the other tribes of said district, and to provide the said school 32409 with a suitable instructor or instructors, and also to provide a 32410 smithy and carpenter's shop, and furnish them with the neces- 32411 sary tools, and to employ a blacksmith, carpenter, and farmer 32412 for a term of twenty years, to instruct the Indians in their res- 32413 pective occupations. And the United States further agree to 32414 employ a physician to reside at the said central agency, who shall 32415 furnish medicine and advice to their sick, and shall vaccinate 32416 them ; the expenses of the said school, shops, employees, and 32417 medical attendance to be defrayed by the United States, and not 32418 deducted from their annuities. 32419 Akticle 11. The said tribes and bands agree to free all 32420 slaves now held by them, and not to purchase or acquire others 32421 hereafter. 32422 Akticle 12. The said tribes and bands finally agree not to 32423 trade at Vancouver's Island or elsewhere out of the dominions 32424 of the United States, nor shall foreign Indians be permitted to 32425 reside on their reservations without consent of the superintend- 32426 ent or agent. 727 32427 Article 13. This treaty shall be obligatory ou the con- 32428 tracting parties as soon as the same shall be ratified by the .32429 President and Senate of the United States. 32430 Proclaimed April 11, 1859. 32431 EICAEAS. 32432 Treaty icith the Uicara tribe. 32433 To put an end to an unprovoked hostility on the part of the 32434 Eicara tribe of Indians against the United States, and to restore 32435 harmony between the parties, the President of the United States, 32436 by Brigadier-General Henry Atkinson, of the United States 32437 Army, and Major Benjamin O'Pallon, Indian agent, commission- 32438 ers duly appointed and commissioned to treat with the Indian 32439 tribes beyond the Mississippi Eiver, give peace to the said 32440 Eicara tribe; the chiefs and warriors thereof having first made 32441 suitable concessions for the offence. And for the purpose of re- 32442 moving all further or future cause of misunderstanding as re- 32443 spects trade and friendly intercourse between the parties, the 32444 above-naoied commissioners on the part of the United States, 32445 and the undersigned chiefs and warriors of the Eicara tribe of 32446 Indians on the part of said tribe, have made and entered into 32447 the following articles and conditions, which, when ratified by 32448 the President of the United States, by and with the advice 32449 and consent of the Senate, shall be binding on both parties, to 32450 wit : 32451 Article 1. Henceforth there shall be a firm and lasting 32452 peace between the United States and the Eicara tribe of Indians ; 32453 and a friendly intercourse shall immediately take place between 32454 the parties. 32455 Article 2. It is admitted by the Eicara tribe of Indians 32456 that they reside within the territorial limits of the United States, 32457 acknowledge their supremacy, and claim their protection. The 32458 said tribe also admit the right of the United States to regulate 32459 all trade and intercourse with them. 32460 Article 3. The United States agree to receive the Eicara 32461 tribe of Indians into their friendship, and under their protec- 32462 tion, and to extend to them, from time to time, such benefits 32463 and acts of kindness as may be convenient and seem just and 32464 proper to the President of the United States. 32465 Article 4. AU trade and intercourse with the Eicara tribe 32466 shall be transacted at such place or places as may be designated 32467 and pointed out by the President of the United States, through 728 32468 liis agents ; and none but American citizens, duly authorized by 32469 the United States, shall be admitted to trade or hold intercourse 32470 with said tribe of Indians. 32471 Akticle 5. That the Eicara tribe may be accommodated 32472 with such articles of merchandize, &c., as their necessities may 32473 demand, the United States agree to admit and licence traders 32474 to hold intercourse with said tribe, under mild and equitable 32475 regulations ; in consideration of which, the Eicara tribe bind 32476 themselves to extend protection to the persons and the property 32477 of the traders, and the persons legally employed under them, 32478 while they remain within the limits of their district of country. 32479 And the said Eicara tribe further agree that if any foreigner 32480 or other person, not legally authorized by the United States, 32481 shall come into their district of country for the purposes of 32482 trade or other views, they will apprehend such person or per- 32483 sons, and deliver him or them to some United States superin- 32484 tendent or agent of Indian aft'airs, or to the commandant of the 32485 nearest military post, to be dealt with according to law. And 32486 they further agree to give safe-conduct to all persons who may 32487 be legally authorized by the United States to pass through their 32488 country, and to protect in their persons and property all agents 32489 or other persons sent by the United States to reside temporarily 32490 among them. 32491 Article 6. That the friendship which is now established 32492 between the United States and the Eicara tribe shall not be in- 32493 terrupted by the misconduct of individuals, it is hereby agreed 32494 that for injuries done by individuals no private revenge or re- 32495 taliation shall take place, but, instead thereof, complaints shall 32496 be made by the party injured to the superintendent or agent of 32497 Indian affairs, or other person appointed by the President ; and 32498 it shall be the duty of the said chiefs, upon complaint being 32499 made as aforesaid, to deliver up the person or persons against 32500 whom the complaint is made, to the end that he or they may be 32501 punished, agreeably to the laws of the United States. And, in 32502 like manner, if any robbery, violence, or murder shall be com- 32503 mitted on any Indian or Indians belonging to said tribe, the 32504 person or persons so offending shall be tried, and, if found guilty, 32505 shall be punished in like manner as if the injury had been done 32506 to a white man. And it is agreed that the chiefs of the said 32507 Eicara tribe shall, to the utmost of their power, exert themselves 32508 to recover horses or other property which may be stolen or 32509 taken from any citizen or citizens of the United States by any 32510 individual or individuals of said tribe ; and the property so re- 32511 covered shall be forthwith delivered to the agents or other per- 32512 son authorized to receive it, that it may be restored to the proper 32513 owner. And the United States hereby guaranty to any Indian 729 32514 or Indians of said tribe a full indemnification for any horses or 32515 other property which may be stolen from them by any of their 32516 citizens : Provided, That the property so stolen cannot be re- 32517 covered, and that sufficient proof is produced that it was 32518 actually stolen by a citizen of the United States. And the said 32519 Eicara tribe engage, on the requisition or demand of the Pres- 32520 ident of the United States, or of the agents, to deliver up any 32521 white man resident among them. 32522 Article 7. And the chiefs and warriors, as aforesaid, 32523 promise and engage that their tribe will never, by sale, ex- 32524 change, or as presents, supply any nation, tribe, or bands of In- 32525 dians not ia amity with the United States with guns, ammuni- .32526 tion, or other implements of war. 32527 Proclaimed February 26, 1825. 32528 ROGUE EI VERS. 32529 Franklin Pierce, President of the United States of America, 32530 to all and singular to whom these presents shall come, 32531 greeting-: 32532 Whereas a treaty was made and entered into at Table Rock, 32533 near Eogue Eiver, in the Territory of Oregon, this 10th day of 32534 September, A. D. 1853, by and between Joel Palmer, superin- 32535 tendent of Indian affairs, and Samuel H. Culver, Indian agent, 32536 on the part of the United States, and Jo-aps-er-ka-har, principal 32537 chief, Sam To-qua-he-ar, and Jim Ana-cha-a-rah, subordinate 32538 chiefs, and others, head-men of the bands of the Rogue River 32539 tribe of Indians, on the part of said tribe. 32540 Article 1. The Eogue River tribe of Indians do hereby 32541 cede and relinquish, for the considerations hereinafter specified, 32542 to the United States, all their right, title, interest, and claim to 32543 all the lands lying in that part of the Territory of Oregon, and 32544 bounded by lines designated as follows, to wit : 32545 Commencing at a point one mile below the mouth of Apple- 32546 gate Creek, on the south side of Rogue River, running thence 32547 southerly to the highlands dividing the waters of Applegate 32548 Creek from those of Althouse Creek ; thence along said high- 32549 lands to the summit of the Siskiyon range of mountains ; thence 32550 easterly to Pilot Rock ; thence northeasterly to the summit of 32551 the Cascade range ; thence northerly along the said Cascade 32552 range to Pitt's Peak, continuing northerly to Rogue Eiver ; 32553 thence westerly to the head-waters of Jump-off-jo Creek ; thence 32554 down said creek to the intersection of the same with a line due 32555 north from the place of beginning ; thence to the place of be- 32556 ginning. 92 I T - 730 32557 Article 2. It is agreed ou the part of the United States 32558 that the aforesaid tribe shall be allowed to occupj temporarily 32559 that portion of the above-described tract of territory bounded 32560 as follows, to wit: Commencing on the north side of Eogue 32561 Eiver, at the mouth of Evan's Creek ; thence up said creek to the 32562 upper end of a small prairie bearing in a northwesterly direction 32563 from Table Mountain, or Upper Table Eock ; thence through the 32564 gap to the south side of the cliff of the said mountain ; thence iu 32565 a liue to Eogue Eiver, striking the southern base of Lower 32566 Table Eock ; thence down said river to the place of beginning. 32567 It being understood that this described tract of land shall be 32568 deemed and considered an Indian reserve, until a suitable selec- 32569 tiou shall be made by the direction of the President of the 32570 United States for their permanent residence and buildings 32571 erected thereon, and provision made for their removal. 32572 Article 3. For and in consideration of the cession and re- 32573 linquishment contained in article 1st, the United States agree 32574 to pay to the aforesaid tribe the sum of sixty thousand dollars 32575 fifteen thousand of which sum to be retained, (according to the 32576 stipulations of article 4th of a " treaty of peace made and en 32577 tered into on the 8th day of September, 1853, between G-en'l Jo. 32578 Lane, commanding forces of Oregon Territory, and Jo., principal 32579 chief, Sam and Jim, subordinate chiefs, on the part of the Eogue 32580 Eiver tribe of Indians,") by the superintendent of Indian affairs, 32581 to pay for the property of the whites destroyed by them during 32582 the late war, the amount of property so destroyed to be esti- 32583 mated by three disinterested commissioners, to be appointed by 32584 the superintendent of Indian affairs, or otherwise, as the Presi- 32585 dent may direct. Five thousand dollars to be expended in the 32586 purchase of agricultural implements, blankets, clothing, and 32587 such other goods as may be deemed by the superintendent or 32588 agent most conducive to the comfort and necessities of said 32589 tribe, on or before the 1st day of September, 1854, and for the 32590 payment of sach i)ermanent improvements as may have been 33691 made by laud claimants ou the aforesaid reserve, the value of 32592 which to be ascertained by three persons appointed by the said 32593 superintendent. 32594 The remaining forty thousand dollars to be paid in sixteen 32595 equal annual instalments, of two thousand five hundred dollars 32596 each, (commencing on or about the 1st day of September, 1854,) 32597 in blankets, clothing, farming-utensils, stock, and such other 32598 articles as may be deemed most conducive to the interests of 32599 said tribe. 32600 Article 4. It is further agreed that there shall be erected, 32601 at the expense of the United States, one dwelling-house for each 32602 of the three principal chiefs of the aforesaid tribe, the cost of 731 32C03 which shall not exceed five hundred dollars each, the aforesaid 32604 buildings to be erected as soon after the ratification of this treaty 32605 as possible. And when the tribe may be removed to another 32606 reserve, buildin gs and other improvements shall be made on such 32607 reserve of equal value to those which may be relinquished ; and 32608 upon such removal, in addition to the before-mentioned sixty 32609 thousand dollars, the United States agree to pay the further 32610 sum of fifteen thousand dollars, in five equal instalments, com- 32611 menciug at the expiration of the before-named instalments. 32612 Article 5. The said tribe of Indians further agree to give 32613 safe-conduct to all persons who may be authorized to pass 32614 through their reserve, and to protect, in their person and prop- 32615 erty, all agents or other persons sent by the United States to re- 32616 side among them ; they further agree not to molest or interrupt 32617 any white person passing through their reserve. 32618 Article 6. That the friendship which is now established 32619 between the United States and the Eogue Eiv^er tribe of Indians 32620 shall not be interrupted by the misconduct of individuals, it is- 32621 hereby agreed that for injuries done by individuals no private 32622 revenge or retaliation shall take place, but, instead thereof, com- 32623 plaint shall be made by the party injured to tlie Indian agent ; 32624 and it shall be the duty of the chiefs of the said tribe, that upon 32625 complaint being made as aforesaid, to deliver up the person or 32626 persons against whom the complaint is made, to the end that he 32627 or they may be punished agreeably to the laws of the United 32628 States ; and, in like manner, if any violation, robbery, or murder 32629 shall be committed on any Indian or Indians belonging to said 32630 tribe, the person or persons so offending shall be tried, and, if 32631 found guilty, shall be punished according to the laws of the 32632 United States. And it is agreed that the chiefs of the said tribe 32633 shall, to the utmost of their power, exert themselves to recover 32634 horses or other property which has or may be stolen or taken 32635 from any citizen or citizens of the United States by any ihdi- 32636 vidual of said tribe ; and the property so recovered shall be 32637 forthwith delivered to the Indian agent or other person author- 32638 ized to receive the same, that it may be restored to the proper 32639 owner. 32640 And the United States hereby guarantee to any Indian or 32641 Indians of the said tribe a full indemnification for any horses or 32642 other property which may be stolen from them by any citizens of 32643 the United States : Provided, That the property stolen or taken 32644 cannot be recovered, and that suflacient proof ie produced that 32645 it was actually stolen or taken by a citizen of the United States. 32646 And the chiefs and head-men of the said tribe engage, on the 32647 requisition or demand of the President of the United States, 732 32648 superintendent of Indian affairs, or Indian agent, to deliver up 32649 any white person or persons resident among them. 32650 Article 7. It is agreed between the United States and the 32651 Eogue Eiver tribe of Indians, that, should it at any time h^re- 32652 after be considered by the United States as a proper policy to es- 32653 tablish farms among and for the benefit of said Indians, it shall 32654 be discretionary with the President, by and with the advice aud 32655 consent of the Senate, to change the annuities herein provided 32656 for, or any part thereof, into a fund for that purpose. 32657 Article 8. This treaty shall take effect and be obligatory 32658 on the contracting parties as soon as the same shall have been 32659 ratified by the President of the United States, by and with the 32660 advice and consent of the Senate. 32661 Proclaimed April 12, 1854. 32662 Franklin Pierce, President of the United States of America, 32663 to all and singular to whom these presents shall come, greet- 32664 ing : 32665 Whereas a treaty was made and concluded ou the fifteenth 32666 day of November, one thousand eight hundred and fifty-four, 32667 between the United States of America and the chiefs and head- 32668 men of the Eogue Eiver tribe of Indians, which treaty is in the 32669 words following, to wit : 32670 Articles of an agreement entered into and concluded this fifteenth 32671 day of I^ovember, one thousand eight hundred and fifty- 32672 four, between Joel Palmer, superintendent of Indian affairs, 33673 on the part of the United States, and the chiefs and head- 32674 men of the Eogue Eiver tribe of Indians, on the part of said 32675 tribe. 32676 Article 1. It is agreed on the part of said tribe, that the 32677 Table Eock reserve, described in the treaty of the 10th September, 32678 1853, (the next preceding treaty,) between the United States and 32679 the Eogue Eiver tribe, shall be possessed and occupied jointly 32680 by said tribe and such other tribes and bands of Indians as the 32681 United States shall agree with by treaty stipulations, or the Presi- 32682 dent of the United States shall direct to reside thereupon, the 32683 place of residence of each tribe, part of tribe, or band on said 32684 reserve, to be designated by the superintendent of Indian affairs 32685 or Indian agent; that the tribes and bands hereafter to be settled 32686 on said reserve shall enjoy equal rights and privileges with the 32687 Eogue Eiver tribe ; and that the annuities paid to the Indians now 32688 residing or hereafter to reside on said reserve shall be shared by 32689 all alike, from and after said residence thereon : Provided, That 32690 the annuity of the Eogue Eiver tribe, as agreed on in the treaty of 32691 the 10th September, 1853, shall not be diminished or in any way 32692 impaired thereby. It is also agreed that the United States 733 32693 shall have the right to make such roads, highways, and railroads 32694 through said reserve as the public good may from time to time 32695 require, a just compensation being made therefor. 32696 Article 3. In consideration of the foregoing stipulations, 32697 it is agreed on the part of the United States to pay to the Eogue 32698 Ei ver tribe, as soon as practicable after the signing of this agree- 32699 ment, two thousand one hundred and fifty dollars, in the follow- 32700 ing articles : twelve horses, one beef, two yokes of oxen, with 32701 yokes and chains, one wagon, one hundred men's coats, fifty 32702 pairs of pantaloons, and fifty hickory shirts ; also, that in the 32703 treaties to be made with other tribes and bands, hereafter to be 32704 located on said reserve, that provision shall be made for the 32705 erection of two smith-shops ; for tools, iron, and blacksmiths for 32706 the same ; for opening farms and employing farmers ; for a hos- 32707 pital, medicines, and a physician; and for one or more schools; 32708 the uses and benefits of all which shall be sechred to said Eogue 32709 Eiver tribe equally with the tribes and bands treated with ; all 32710 the improvements made, and schools, hospital, and shops 32711 erected, to be conducted in accordance with such laws, rules, 32712 and regulations as the Congress or the President of the United 32713 States may prescribe. 32714 Article 3. It is further agreed, that when at any time here- 32715 after the Indians residing on this reserve shall be removed to 32716 another reserve, or shall be elsewhere provided for, that the 32717 fifteen thousand dollars thereafter to be paid to said Eogue 32718 Eiver tribe, as specified in the treaty of the 10th September, 32719 1853, shall be shared alike by the members of all the tribes and 32720 bands that are, or hereafter shall be, located on the said Table 32721 Eock reserve. 32722 Article 4. It is also further provided that, in the event 32723 that this agreement shall not be ratified by the President and 32724 Senate of the United States, or that no other tribe or band shall 32725 be located on said reserve, the two thousand one hundred and 32726 fifty dollars stipulated in article second of this agreement to be 32727 paid said Eogue Eiver tribe, shall be deducted from their annui- 32728 ties hereafter to be paid said Indians. 32729 Proclaimed April 7, 1855. 734 32730 SAGS EESIDING ON MISSOUEI EIVEK. 32731 A treaty of peace and friendship made and concluded between 32732 William Clarh, Ninian Edwards, and Auguste Chouteau, com- 32733 missioners plenipotentiary of the United States of America, 32734 on the part and behalf of the said States, of the one part, and 32735 the undersigned chiefs and ivarriors of that portion of the Sac 32736 Nation of Indians now residing on the Missouri Biver, of the 32737 other part. 3273S Whereas the undersigned chiefs and warriors, as well as 32739 that portion of the nation which they represent, have at all times 32740 been desirous of fulfilling their treaty with the United States, 32741 with perfect good faith ; and for that purpose found themselves 32742 compelled, since the commencement of the late war, to separate 32743 themselves from the rest of their nation, and remove to the Mis- 32744 souri Eiver, where they have continued to give proofs of their 32745 friendship and fidelity ; and 32746 Whereas the United States, jnstly appreciating the conduct 32747 of said Indians, are disposed to do them the most ample justice 32748 that is practicable, the said parties have agreed to the follower- 32749 ing articles : 32750 Article 1. The undersigned chiefs and warriors, for them- 32751 selves and that portion of the Sacs which they represent, do 32752 hereby assent to the treaty between the United States of Amer- 32753 ica and the united tribes of Sacs and Foxes, which was con- 32754 eluded at St. Louis, on the third day of November, one thousand 32755 eight hundred and four, (proclaimed February 21, 1805 ;) and 32756 they moreover promise to do all in their power to re-establish 32757 and enforce the same. 32758 Article 2. The said chiefs and warriors, for themselves and 32759 those they represent, do further promise to remain distinct and 32760 separate from the Sacs of Eock Eiver, giving them no aid or as- 32761 sistance whatever, until peace shall also be concluded between 32762 the United States and the said Sacs of Eock Eiver. 32763 Article 3. The United States, on their part, promise to al- 32764 low the said Sacs of the Missouri Eiver all the rights and privi- 32765 leges secured to them by the treaty of St. Louis before mentioned, 32766 .and also, as soon as practicable, to furnish them with a just pro- 32767 portion of the annuities stipulated to be paid by that treaty ; 32768 provided they shall continue to comply with this and their former 32769 treaty. 32770 Eatified December 26, 1815. 735 32771 SACS OF EOOK EIVER. 32772 A treaty of peace and friendship made and concluded between Will- 32773 iam Glarlc, Ninian Edwards, and Auguste Chouteau, commis- 32774 sioners plenipotentiary of the United States of America, on the 32775 part and behalf of the said States, of the one part, and the un- 32776 dersigned chiefs and warriors of the Sacs of Boch River and 32717 % the adjacent country, of the other part. 32778 Whereas, by the niuth article of the treaty of peace,, which 32779 was concluded on the twenty-fourth day of December, eighteen 32780 hundred and fourteen, between the United States and Great 32781 Britain, at Ghent, and which was ratified by the President, with 32782 the advice and consent of the Senate, on the seventeenth day of 32783 February, eighteen hundred and fifteen, it was stipulated that 32784 the said parties should severally put an end to all hostilities with 32785 the Indian tribes with whom they might be at war at the time 32786 of the ratification of said treaty, and to place the said tribes 32787 inhabiting their respective territories on the same footing upon 32788 which they stood before the war : Provided, They should agree 32789 to desist from all hostilities against the said parties, their citi- 32790 zens or subjects respectively, upon the ratification of the said 32791 treaty being notified to them, and should so desist accordingly ; 32792 and 32793 Whereas the United States being determined to execute 32794 every article of the treaty with perfect good faith, and wishing 32795 to be particularly exact in the execution of the article above 32796 alluded to, relating to the Indian tribes, the President, in 32797 consequence thereof, for that purpose, on the eleventh day of 32798 March, eighteen hundred and fifteen, appointed the undersigned 32799 William Clark, governor of Missouri Territory, IJfinian Edwards, 32800 governor of Illinois Territory, and Auguste Chouteau, esq., of 32801 the Missouri Territory, commissioners, with full power to con- 32802 elude a treaty of peace and amity with all those tribes of Indians, S2803 conformably to the stipulations contained in the said article, on 32804 the part of the United States, in relation to such tribes ; and 32805 Whereas the commissioners, in conformity with their io- 32806 structions, in the early part of last year notified the Sacs of 32807 Eock Eiver and the adjacent country of the time of the ratifi- 32808 cation of said treaty; of the stipulations it contained in relation 32809 to them ; of the disposition of the American Government to 32810 fulfil those stipulations, by entering into a treaty with them con- 32811 formably thereto; and invited the^said Sacs of Eock Eiver and 32812 the adjacent country to send forward a deputation of their chiefs 32813 to meet the said commissioners at Portage des Sioux, for the 736 32814 purpose of concluding such a treaty as aforesaid, between the 32815 United States and the said Indians ; and the said Sacs of Eock 32816 Eiver and the adjacent country having not only declined that 32817 friendly overture, but having continued their hostilities, and 32818 committed many depredations thereafter, -which would have 32819 justiiSied the infliction of tbe severest chastisement upon them, 32820 but having earnestly repented of their conduct, now imploring 32821 mercy, and being anxious to return to the habits of peace and 32822 friendship with the United States, and the latter being always 32823 disposed to pursue the most liberal and humane policy towards 32824 the Indian tribes within their territory, preferring their reclama- 32825 tion by'peaceful measures to their punishment by the application 32826 of the military force of the nation : IsTow, therefore, 32827 The said William Clark, Ninian Edwards, and Augnste 32828 Chouteau, commissioners, as aforesaid, and the undersigned, 32829 chiefs and warriors, as aforesaid, for the purpose of restoring 32830 peace and friendship between the parties, do agree to the fol- 32831 lowing articles : 32832 Article 1. The Sacs of Eock Eiver and the adjacent 32833 country do hereby unconditionally assent to recognize, re-estab- 32834 lish, and confirm the treaty between the United States of 32835 America aud the united tribes of Sacs and Foxes, which was 32836 concluded at St. Louis on the third day of November, one thou 32837 sand eight hundred and four, as well as all other contracts and 32838 agreements heretofore made between the Sac tribe or nation and 32839 the United States. 32840 Article 2. The United States agree to place the aforesaid 32841 Sacs of Eock Eiver on the same footing upon which they stood 32842 before the war, provided they shall, on or before the first day of 32843 July next, deliver up to the officer commanding at Cantonment 32844 Davis, on the Mississippi, all the property they, or any part of 32845 their tribe, have plundered or stolen from the citizens of the 32846 United States since they were notified, as aforesaid, of tlie time 32847 of the ratification of the late treaty between the United States 32848 and Great Britain. 32849 Article 3. If the said tribe shall fail or neglect to deliver 32850 up the property aforesaid, or any part thereof, on or before the 32851 first day of July aforesaid, they shall forfeit to the United States 32852 all right and title to their proportion of the annuities which, by 32853 the treaty of St. Louis, were covenanted to be paid to the Sac 32854 tribe ; and the United States shall fotever afterwards be exoner- 32855 ated from the payment of so much of said annuities as, upon 32856 a fair distribution, would fall to the share of that portion of the 32857 Sacs who are represented by the undersigned chiefs and war- 32858 riors. 32859 Article 4. This treaty shall take effect and be obligatory t3t 32860 on the contracting parties, unless the same shall be disapproved 32861 by the President and Senate of the United States, or by the 32862 President only, and in the mean time all hostilities shall cease 32863 from this date. 32864 Proclaimed December 30, 1816. 32865 SACS AND FOXES. 32866 A treaty between the United States of America and the united 32867 tribes of Sac and Fox Indians. 32868 Articles of a treaty made at St. Louis, in the district of Louisiana, 32869 between William Henry Harrison, governor of the Indiana 32870 Territory and of the district of Louisiana, superintendant 32871 of Indians affairs for the said territory and district, and 32872 commissioner pl^.nepotentiary of the United States for con- 32873 eluding any treaty or treaties which may be found neces- 32874 sary with any of the northwestern tribes of Indians, of the 32875 one part, and the chiefs and head-men of the united Sac 32876 and Fox tribes, of the other part. 32877 Article 1. The United States receive the united Sac and 32878 Fox tribes into their friendship and protection, and the said 32879 tribes agree to consider themselves under the protection of the 32880 United States, and of no other power whatsoever. 32881 Article 2. The general boundary-line between the lands 32882 of the United States and of the said Indian tribes shall be as 32883 follows, to wit: Beginning at a point on the Missouri River 32884 opposite to the mouth of the Gasconade Eiver; thence in 32885 a direct course so as to strike the Eiver Jefferson at the distance 32886 of thirty miles from its mouth, and down the said Jefferson to 32887 the Mississippi ; thence up the Mississippi to the mouth of the 32888 Ouisconsing Eiver, and up the same^to a point which shall be 32889 thirty-six miles in a direct line from the mouth of the said river ; 32890 thence by a direct line to the point where the Fox Eiver (a 32891 branch of the Illinois) leaves the small lake called Sakaegan ; 32892 thence down the Fox Eiver to the Illinois Eiver, and down the 32893 same to the Mississippi. And the said tribes, for and in consid- 32894 eration of the friendship and protection of the United States 32895 which is now extended to them, of the goods (to the value of 32896 two thousand two hundred and thirty-four dollars and fifty 32897 cents) which are now delivered, and of the annuity hereinafter 32898 stipulated to be paid, do hereby cede and relinquish forever to 32899 the United States all the lands included within the above-de- 32900 scribed boundary. 93 I T 738 32901 Article 3, In consideration of the cession and relinquish- 32902 ment of land made in the preceding article, the United States 32903 will deliver to the said tribes, at the town of St. Louis, or some 32904 other convenient place on the Mississippi, yearly and every year, 32905 goods suited to the circumstances [of the Indians, of the value 32906 of one thousand dollars, (six hundred of which are intended for 32907 the Sacs and four hundred for the Foxes,) reckoning that value at 32908 the first cost of the goods in the city or place in the United States 32909 where they shall be procured. And if the said tribes shall 32910 hereafter, at an annual delivery of the goods aforesaid, desire 32911 that a part of their annuity should be furnished in domestic 32912 animals, implements of husbandry, and other utensils convenient 32913 for them, or in compensation to useful artificers who may reside 32914 with or near them, and be employed for their benefit, the same 32915 shall at the subsequent annual delivery be furnished accord- 32916 ingly. 32917 Article 4. The United States will never interrupt the 32918 said tribes in the possession of the lands which they rightfully 32919 claim, but will on the contrary protect them in the quiet en- 32920 joyment of the same against their own citizens and against 32921 ail other white persons who may intrude upon them. And the 32922 said tribes do hereby engage that they will never sell their lands 32923 or any part thereof to any sovereign power but the United 32924 States, nor to the citizens or subjects of any other sovereign 32925 power, nor to the citizens of the United States. 32926 Article 5. Lest the friendship which is now established 32927 between the United States and the said Indian tribes should be 32928 interrupted by the misconduct of individuals, it is hereby agreed 32929 that for injuries done by individuals, no private revenge or 32930 retaliation shall take place, but, instead thereof, complaints shall 32931 be made by the party injured to the other — by the said tribes or 32932 either of them to the superintendant of Indian affairs or one of 32933 his deputies, and by the superintendant or other persouiippointed 32934 by the President to the chiefs of the said tribes. And it shall 32935 be the duty of the said chiefs, upon complaint beiug made as 32936 aforesaid, to deliver up the person or persons against whom the 32937 complaint is made, to the end that he or they may be punished 32938 agreeably to the laws of the State or Territory where the offence 32939 may have been committed ; and in like manner if any robery, 32940 violence, or murder shall be committed on any Indian or Indians 32941 belonging to the said tribes or either of them, the person or per- 32942 sons so offending shall be tried, and, if found guilty, punished in 32943 the like manner as if the injury had been done to a white man. 32944 And it is further agreed that the chiefs of the said tribes shall, 32945 to the utmost of their power, exert themselves to recover horses 32946 or other property which may be stolen from any citizen or citi- 739 32947 zens of the United States by any individual or Individuals of 32948 their tribes, and the property so recovered shall be forthwith 32949 delivered to the superintendant or other person authorised to 32950 receive it, that it may be restored to the proper owner; and in 32951 cases where the exertions of the chiefs shall be ineffectual in 32952 recovering the property stolen as aforesaid, if sufficient proof can 32953 be obtained that such property was actually stolen by any Indian 32954 or Indians belonging to the said tribes or either of them, the 32955 United States may deduct from the annuity of the said tribes a 32956 sum equal to the value of the property which has been stolen. 32957 And the United States hereby guarantee to any Indian or In- 32958 dians of the said tribes a full indemnification for any horses or 32p59 other property which may be stolen from them by any of their 32960 citizens : Provided, That the property so stolen cannot be recov- 32961 ered, and that sufficient proof is produced that it was actually 32962 stolen by a citizen of the United States. 32963 Aetiole 6. If any citizen of the United States or other 32964 white person should form a settlement upon lands which are the 32965 property of the Sac and Pox tribes, upon complaint being made 32966 thereof to the superintendant or other person having charge of 32967 the affairs of the Indians, such intruder shall forthwith be re- 32968 moved. 32969 Article 7. As long as the lands which are now ceded to 32970 the United States remain their property, the Indians belonging 32971 to the said tribes shall enjoy the priviledge of living and hunt- 32972 ing upon them. 32973 Article 8. As the laws of the United States regulating 32974 trade and intercourse with the Indian tribes, are already ex- 32975 tended to the country inhabited by the Saukes and Poxes, and 32976 as it is provided by those laws that no person shall reside as a 32977 trader in the Indian country without a license under the hand 32978 [and] seal of the superintendant of Indian affairs, or other per- 32979 son appointed for the purpose by the President, the said tribes 32980 do promise and agree that they will not suffer any trader to 32981 reside amongst them without such license ; and that they will 32982 from time to time give notice to the superintendant or to- the 32983 agent for their tribes of all the traders that may be in their 32984 country. 32985 Article 9. Abrogated by the treaty of September 3, 1822, 32986 (proclaimed February 12, 1823, page 740.) 32987 Article 10. In order to evince the sincerity of their friend- 32988 ship and affection for the United States, and a respectful defer - 32989 ence for their advice by an act which will not only be acceptable 32990 to them but to the common Pather of all the nations of the earth, 32991 the said tribes do hereby solemnly promise and agree that they 32992 will put an end to the bloody war which has heretofore raged 740 32993 between their tribes and those of the Great and Little Osages. 32994 And for the purpose of burying the tomahawk and renewing the 32995 friendly intercourse between themselves and the Osages, a meet- 32996 ing of their respective chiefs shall take place, at which, under 32997 the direction of the above-named commissioner or the agent of 32998 Indian affairs residing at St. Louis, an adjustment of their 32999 differencies shall be made, and peace established upon a firm and 33000 lasting basis. 33001 Article 11. As it is probable that the Government of the 33002 United States will establish a military post at or near the mouth 33003 of the Ouisconsing Eiver, and as the land on the lower side of 33004 the river may not be suitable for that purpose, the said tribes 33005 hereby agree that a fort may be built either on the upper side of 33006 the 0"uisconsing or on the right bank of the Mississippi, as the 33007 one or the other may be found most convenient, and a tract of 33008 land not exceeding two miles square shall be given for that pur- 33009 pose. And the said tribes do farther agree that they will at all 33010 times allow to traders and other persons travelling through their 33011 country under the authority of the United States a free and safe 33012 passage for themselves and their property of every discription. 33013 And that for such passage they shall at no time and on no account 33014 whatever be subject to any toll or exaction. 33015 Akticlb 12. This treaty shall take effect and be obligatory 33016 on the contracting parties as soon as the same shall have been 33017 ratified by the President, by and with the advice and consent of 33018 the Senate of the United States. 33019 Additional article. 33020 It is agreed that nothing in this treaty.contained shall affect 33021 the claim of any individual or individuals who may have obtained 33022 grants of land from the Spanish government, and which are not 33023 incl uded within the general boundary-line laid down in this treaty : 33024 Provided, That such grant have at any time been made known to 33025 the said tribes, and recognized by them. 33026 Proclaimed February 21, 1805. 33027 Articles of a treaty entered into and concluded at Fort Armstrong, 33028 l)y and between Thomas Forsyth, agent of Indian affairs, cCu- 33029 thorized on the part of the United States for that purpose, of the 33030 one part, and the chiefs, warriors, and head-men of the United 33031 Sac and Fox tribes, for themselves and their tribes, of the other 33032 part. 33033 Whereas by the ninth article of the treaty made and entered 33034 into between the United States and the Sac and Fox tribes of 741 33035 Indians, concluded and signed at Saint Loaia, in the district of 33036 Louisiana, on the third day of November, one thousand eight 33037 hundred and four, it is stipulated, in order to put a stop to the 33038 abuses and impositions which are practised upon the said tribes 33039 by the private traders, the United States will, at a convenient 33040 time, establish a trading-house or factory, where the individuals 33041 of the said tribes can be supplied with goods at a more reason- 33042 able rate than they have been accustomed to procure them. 33043 Now, we, the said chiefs, warriors, and head-men of the said 33044 tribes, for and in consideration of the sum of one thousand dol- 33045 lars to us now paid in merchandize out of the United States 33046 factory, by said Thomas Forsyth, on behalf of the United States, 33047 the receipt whereof is hereby acknowledged, do exonerate; re- 33048 lease, and forever discharge the United States from the obliga- 33049 tion contained in the ninth article above recited, and the afore- 33050 said ninth article is, from the date hereof, abrogated and of no 33051 effect. 33052 Proclaimed February 12, 1823. 33053 Treaty with the Soch and Fox Indians. 33054 To perpetuate peace and friendship between the United 33055 States and the Sock and Fox tribes or nations of Indians, and 33056 to remove all future cause of dissensions which may arise from 33057 undefined territorial boundaries, the President of the United 33058 States of America, by William Clark, superintendent of Indian 33059 affairs, and sole commissioner specially appointed for that pur- 33060 pose, of the one part, and the undersigned chiefs and head-men 33061 of the Sock and Fox tribes or nations, fully deputised to act 33062 for and in behalf of their said nations, of the other part, have 33063 entered into the following articles and conditions, viz : 33064 Article 1. The Sock and Fox tribes or nations of Indians, 33065 by their deputations in council assembled, do hereby agree, in 33066 consideration of certain sums of money, &c., to be paid to the 33067 said Sock and Fox tribes, by the Government of the United 33068 States, as hereinafter stipulated, to cede and forever quit-claim, 33069 and do, in behalf of their said tribes or nations, hereby cede, 33070 relinquish, and forever quit-claim, unto the United States, all 33071 right, title, interest, and claim, to the lands which the said Sock 33072 and Fox tribes have or claim, within the limits of the State of 33073 Missouri, which are situated, lying, and being between the Mis- 33074 sissippi and Missouri Elvers, and a line running from the Mis- 33075 souri, at the entrance of Kansas Eiver, north one hundred miles 33076 to the northwest corner of the State of Missouri, and from 33077 thence east to the Mississippi. It being understood that the 33078 small tract of land lying between the rivers Desmoin and the 742 33079 Mississippi, and the section of the above line between the Mis- 33080 sissippi and the Desmoin, is intended for the use of the half- 33081 breeds belonging to the Sock and Pox "Nations ; they holding it, 33082 however, by the same title, and in the same manner, that other 33083 Indian titles are held. 33084 Article 2. The chiefs and head-men who sign this conven- 33085 tiou, for themselves and in behalf of their tribes, do acknowl- 33086 edge the lands east and south of the lines described in the first 33087 article, so far as the Indians claimed the same, to belong to the 33088 United States, and that none of their tribes shall be permitted 33089 to settle or hunt upon any part of it, after the first day of Jan- 33090 uary, 1826, without special permission from the superintendent 33001 of Indian affairs. 33092 Akticle 3. It is hereby stipulated and agreed on the part 33093 of the United States, as a full consideration for the claims and 33094 lands ceded by the Sock and Pox tribes in the first article, there 33095 shall be paid to the Sock and Pox Nations, within the present 33096 year, one thousand dollars in cash, or merchandize ; and in ad- 33097 dition to the annuities stipulated to be paid to the Sock and 33098 Pox tribes by a former treaty, the United States do agree to 33099 pay to the said Sock tribe five hundred dollars, and to the Fox 33100 tribe five hundred dollars annually for the term of ten succeed- 33101 ing years-; and, at the request of the chiefs of the said Sock 33102 and Pox Nations, the commissioner agrees to pay to Morice 33103 Blondeau, a half Indian of the Pox tribe, the sum of five hun- 33104 dred dollars, it being a debt due by the said nation to the afore- 33105 said Blondeau, for property taken from him during the late war. 33106 Article 4. The United States engage to provide and sup- 33107 port a blacksmith for the Sock and Pox Nations so long as the 33108 President of the United States may think proper, and to furnish 33109 the said nations with such farming-utensils and cattle, and to 33110 employ such persons to aid them in their agriculture, as the 33111 President may deem expedient. 33112 Article 5. The annuities stipulated to be paid by the 33113 3d article are to be paid either in money, merchandize, pro- 33114 visions, or domestic animals, at the option of the aforesaid 33115 tribes, and when the said annuities or part thereof is paid in 33116 merchandize, it is to be delivered to them at the first cost of the 33117 goods at St. Louis, free from cost of transportation. 33118 Article 6. This treaty shall take effect and be obligatory 33119 on the contracting parties so soon as the same shall be ratified 33120 by the President of the United States, by and with the advice 33121 and consent of the Senate thereof. 33122 Proclaimed January 18, 1825. 743 33123 Articles of a treaty of peace, friendship, and cession, concluded at 33124 Fort Armstrong, Bock Island, Illinois, between the United 33125 States of Amerida, by their commissioners, Major-General Win- 33126 field Scott, of the United States Army, and his Excellency 33127 John Reynolds, governor of the State of Illinois, and the con- 33128 federated tribes of Sac and Fox Indians, represented, in general 33129 council, by the undersigned chiefs, head-men, and warriors. 33130 Whereas under certain lawless and desperate leaders a 33131 formidable band, constituting a large portion of the Sac and 33132 Fox Nation, left their country in April last, and, in violation of 33133 treaties, commenced an unprovoked war upon unsuspecting and 33134 defenceless citizens of the United States, sparing neither age 33135 nor sex ; and 33136 Whereas the United States, at a great expense of treasure, 33137 have subdaed the said hostile band, killing or capturing all its 33138 principal chiefs and warriors, the said States, partly as indem- 33139 nity for the expense incurred, and partly to secure the future 33140 safety and tranquility of the invaded frontier, demand of the 33141 said tribes, to the use of the United States, a cession of a tract 33142 of the Sac and Pox country bordering on said frontier more than 33143 proportional to the numbers of the hostile band who have been 33144 so conquered and subdued. 33145 Article 1. Accordingly the confederated tribes of Sacs 33146 and Foxes hereby cede to the United States forever all the 33147 lands to which the said tribes have title or claim (with the ex- 33148 ception of the reservation hereinafter made) included within 33149 the following bounds, to wit: Beginning on the Mississippi 33160 Eiver at the point where the Sac and Fox northern boundary- 33151 line, as established by the second article of the treaty of Prai- 33152 rie du Ohien, of the fifteenth of .Tuly, one thousand eight hun- 33153 dred and thirty, (proclaimed February 24, 1831 j see page 782,) 33154 strikes said river ; thence up said boundary-line to a point fifty 33155 miles from the Mississippi, measured on said line; thence in a 33156 right line to the nearest point on the Red Cedar of the loway, 33157 forty miles from the Mississippi Eiver ; thence in a right line 33158 to a point in the northern boundary-line of the State of Missouri 33159 fifty miles, measured on said boundary, from the Mississippi 33160 Eiver ; thence by the last-mentioned boundary to the Mississippi 33161 Eiver and by the western shore of said river to the place of 33162 beginning. And the said confederated tribes of Sacs and Foxes 33163 hereby stipulate and agree to remove from the lands herein 33164 ceded to the United States on or before the first day of June 33165 next ; and, in order to prevent any misunderstanding, it is ex- 33166 pressly understood that no band or party of the Sac or Fox 33167 tribes shall reside,. plant, fish, or hunt on any portion of the 33168 ceded country after the period just mentioned. 744 33169 AkTiclb 2. Out of the cession made in the preceding arti- 33170 cle the United States agree to a reservation for the use of the 33171 said confederated tribes of a tract of land containing four hun- 33172 dred square miles, to be laid off under the directions of the 33173 President of the United States, from the boundary-line crossing 33174 the loway Eiver, in such manner that nearly an equal portion 33175 of the reservation may be on both sides of said river, and ex- 33176 tending downwards so as to include Ke-o-kuck's principal vil- 33177 lage on its right bank, which village is about twelve miles from 33178 the Mississippi Eiver. 33179 Article 3. In consideration of the great extent of the 33180 foregoing cession the United States stipulate and agree to pay 33181 to the said confederated tribes annually for thirty successive 33182 years, the first payment to be made in September of the next 33183 year, the sum of twenty thousand dollars in specie. 33184 Article 4. It is further agreed that the United States 33185 shall establish and maintain within the limits and for the use 33186 and benefit of the Sacs and Foxes for the period of thirty years 33187 one additional black and gun smith shop, with the necessary 33188 tools, iron and steel ; and, finally, make a yearly allowance for 33189 the same period to the said tribes of forty kegs of tobacco and 33190 forty barrels of salt, to be delivered at the mouth of the loway 33191 Eiver. 33192 Article 5. The United States, at the earnest request of 33193 the said confederated tribes, further agree to pay to Farnham 33194 and Davenport, Indian traders at Eock Island, the sum of forty 33195 thousand dollars, without interest, which sum will be in full sat- 33196 isfaction of the claims of the said traders against the said tribes, 33197 and by the latter was, on the tenth day of July, one thousand 33198 eight hundred and thirty-one, acknowledged to be justly due for 33199 articles of necessity furnished in the course of the seven preced- 33200 ing years, in an instrument of writing of said date duly signed 33201 by the chiefs and head-men of said tribes, and certified by the 23202 late Felix St. Vrain, United States agent, and Antoine Le 33203 Claire, United States interpreter, both for the said tribes. 33204 Article 6. At the special request of the said confederated 33205 tribes the United States agree to grant, by patent, in fee-sim- 33206 pie, to Antoine Le Claire, interpreter, a part Indian, one section 33207 of land opposite Eock Island, and one section at the head of the 33208 first rapids above said island, within the country herein ceded 33209 by the Sacs and Foxes. 33210 Article 7. Trusting to the good faith of the neutral bands 33211 of Sacs and Foxes, the United States have already delivered up 33212 to those bands the great mass of prisoners made in the course 83213 of the war by the United States, and promise to use their influ- 33214 ence to procure the delivery of other Sacs and Foxes who may 745 33215 still be prisoners in the hande of a band of Sioux Indians, the 33216 friends of the United States; but the following-named prisoners 33217 of war now in confinement, who were chiefs and head-men, 33218 shall be held as hostages for the future good conduct of the late 33219 hostile bauds daring the pleasure of the President of the 33220 United States, viz : Muk-ka-ta-mish-a-ka-kaik (or Black Hawk) 33221 and his two sous ; Wau-ba-kee-shik, (the Prophet,) his brother, 33222 and two sons; Na-pope, Wesheet loway, Pamaho, and Oha- 33223 kee-pa-shi-pa-ho, (the Little Stabbing Chief.) 33224 Abticle 8. And it is farther stipulated and agreed be- 33225 tween the parties to this treaty that there shall never be allowed 33226 in the confederated Sac and Fox Nation any separate band or 33227 village under any chief or warrior of the late hostile bands ; 33228 but that the remnant of the said hostile bands shall be divided 33229 among the neutral bands of the said tribes according to blood — 33230 the Sacs among the Sacs, and the Poxes among the Poxes. 33231 Article 9. In consideration of the premises, peace and 33232 friendship are declared, aud shall be perpetually maintained be- 33233 tween the United States and the whole confederated Sac and 33234 Pox Nation, excepting from the latter the hostages before men- 33235 tioned. 33230 Article 10. The United States, besides the presents deliv- 33237 ered at the signing of this treaty, wishing to give a striking 33238 evidence of their mercy and liberality, will immediately cause 33239 to be issued to the said confederated tribes, principally for the 33240 use of the Sac aud Pox women and children whose husbands, 33241 fathers, and brothers have been killed in the late war, aud gen- 33242 erally for the use of the whole confederated tribes, articles of 33243 subsistence as follows : thirty -five beef cattle, twelve bashels of 33244 salt, thirty barrels of pork, and fifty barrels of flour, and cause 33245 to be delivered for the same purposes in the month of April 33246 next at the mouth of the Lower loway, six thousand bushels of 33247 maize or Indian corn. 33248 Article 11. At the request of the said confederated tribes 33249 it is agreed that a suitable present shall be made to them on 33250 their pointing out to auy United States agent authorised for the 33251 purpose the position or positions of one or more mines sup- 33252 posed by the said tribes to be of a metal more valuable than 33253 lead or iron. 33254 Article 12. This treaty shall take effect and be obligatory 33255 on the contracting parties as soon as the same shall be ratified 33256 by the President of the United States, by and with the advice 33257 and consent of the Senate thereof. 33258 Proclaimed February 13-, 1833, 94 I T 746 33259 Convention wi\Ji the Sac and Fox tribe. 33260 In a convention held this twenty -seventh day of September, 33261 1836, between Henry Dodge, superintendent of Indian affairs, 33262 and the' chiefs, braves, and principal men of the Sac and Pox 33263 tribe of Indians, it has been represented that, according to the 33f64 stipulations of the first article of the treaty of Prairie du Chien, 33265 of the ISth July, 1830, (see page 782,) the country thereby 33266 is " to be assigned and allotted, under the direction of the Presi- 33267 dent of the United States, to the tribes now living thereon, or 33268 to such other tribes as the President may locate thereon, for 33269 hunting and other purposes." And ; 33270 Whereas it is farther represented to us, the chiefs, braves, 33271 and principal men of the tribe aforesaid, to be desirable that 33272 the lands lying between the State of Missouri and the Missouri 33273 Eiver should be attached to, and become a part of, said State, 33274 and the Indian title thereto be entirely extinguished, but 33275 that, notwithstanding, as these lands compose a part of the 33276 country embraced by the provisions of said first article of the 33277 treaty aforesaid, the stipulations thereof will be strictly observed 33278 until the assent of the Indians Interested is given to the pro- 33279 posed measure ; 33280 Now wej the chiefs, braves, and principal men of the Sac 33281 and Fox tribes of Indians, fully understanding the subject, and 33282 well satisfied from the local position of the lands in question, 33283 that they can never be made available for Indian purposes, and 33284 that an attempt to place an Indian population on them must 33285 inevitably lead to collisions with the citizens of the United 33286 States ; and further believing that the extension of the State- 33287 line in the direction indicated would have a happy effect, by 33288 presenting a natural boundary between the whites and Indians ; 33289 and willing, moreover, to give the United States a renewed 33290 evidence of our attachment and friendship, do hereby, for our- 33291 selves and on behalf of our respective tribes, (having full power 33292 and authority to this effect,) forever cede, relinquish, andquit- 33293 claim to the United States all our right, title, and interest of 33294 whatsoever nature in and to the lands lying between the State 33295 of Missouri and the Missouri Eiver, and do freely and fully 33296 exonerate the United States from any guarantee, condition, or 33297 limitation, expressed or implied, under the treaty of Prairie du 33298 Ohien aforesaid, or otherwise, as to the entire and absolute dis- 33299 position of the said lands, fully authorizing the United States 33300 to do with the same whatever shall seem expedient or neces- 33301 sary. 33302 Proclaimed February 25, 1837. 747 33303 Articles of a treaty made and entered into at the treaty-ground on 33304 the right banJc of the Mississippi River, in the county of Be- 33305 huque and Territory of Wisconsin, opposite Bock Island, on the 33306 twenty-eight day of September, one thousand eight hundred and 33307 sixty-six, between Henry Dodge, commissioner on the part of 33308 the United States, of the one part, and the confederated tribes of 33309 Sac and Fox Indians, represented in general council by the un- 33310 dersigned chiefs, head-men, and warriors of the said tribes, of 33311 the other part. 33312 Whereas by the seooad article of the treaty made between 33313 the United States and the confederated tribes. of Sac and Fox 33314 Indians on the twenty-first day of September, one thousand eight 33315 hundred and thirty-two, (proclaimed February 13, 1833 ; see 33316 page 744,) a reservation of four hundred sections of land 33317 was made to the Sac and Fox Indians, to be laid off under 33318 the direction of the President of the United States in conform- 33319 ity to the provisions of said article, and the same having been 33320 so subsequently laid out accordingly, and the confederated 33321 tribes of Sacs and Foxes being desirous of obtaining additional 33322 means of support, and to pay their just creditors, have entered 33323 into this treaty, and make the following cession of laud : 33324 Article 1. The confederated tribes of Sacs and Foxes, for 33325 the purpose above expressed, -and for and in consideration of 33326 the stipulations and agreements hereinafter expressed, do hereby 33327 cede to the United States forever the said reservation of four 33328 hundred sections of land as designated in the second article of 33329 the treaty made between the United States and the confederated 33330 tribes of Sacs and Foxes, as the same has been surveyed and 33331 laid off by order of the President of the United States. 33332 Aktiolb 2. In consideration of the cession.contaiued in the 33333 preceding article, the United States hereby agree as follows, to 33334 wit : To pay to the , confederated tribes of the Sac and Fox In- 33335 dians, in the month of June, one thousand eight hundred and 33336 thirty-seven, the sum of thirty thousand dollars, and for ten 33337 successive years thereafter the sum of ten thousand dollars each 33338 year in specie, to be paid at the treaty-ground opposite Eock 33339 Island, or such other place as may be designated by the Pres- 33340 ident of the United States ; to pay to the widow and children of 33341 Felix St. Urain, deceased, former Indian agent, who was killed 33342 by the Indians, one thousand dollars ; and also to pay the sum 33343 of forty-eight thousand four hundred and fifty-eight dollars 33344 eighty-seven and a half cents, to enable said Indians to pay such 33345 debts as may be ascertained by their superintendent to be justly 33346 due from them to individuals, and if said debts so ascertained 33347 to be just amount to more than said sum, then the same 748 33348 shall be divided among the said creditors j?**o rata; and, if less, 33349 then the overplus to be paid to said Indians for their own use. 33350 Aeticle 3. The United States further agree to deliver to 33351 the confederated tribes of Sacs and Foxes two hundred horses, 33352 as near that number as can be procured with the sum of nine 33353 thousand three hundred and forty-one dollars, to be delivered at 33354 the payment of the annuities in June, one thousand eight hun- 33355 dred and thirty-seven. 33356 Article 4. At the special re(iuest of the Sac and Pox lu- 33357 dians aforesaid, the United States agree to make the following 33358 provision for the benefit and support of seven half-breeds of the 33359 Sac and Fox Nation, to wit: The United States agree to pay to 33360 Waymau, for the use and benefit of his half-breed child 33361 by a Fox woman named Ni-an-no, one thousand dollars; to 33362 Wharton E. McPhearson, for the use and benefit of his half- 33363 breed child by To-to-qua, a Fox woman, one thousand dollars; to 33364 James Thorn, for the use and benefit of his half-breed child by 33365 Ka-kee-o-sa-qua, a Fox woman, one thousand dollars ; to Joseph 33366 Smart, for the use of his half-breed child by Ka-ti-qua, a Fox 33367 woman, one thousand dollars ; to Nathan Smith, for the use and 33368 benefit of his half-breed child by Wa-na-sa, a Sac woman, one 33369 thousand dollars ; and to Joseph M. Street, Indian agent, two 33370 thousand dollars for the use and benefit of two half-breed 33371 children — one the child of Niwa-ka-kee, a Fox woman, by one 33372 Mitchell ; the other the child of M-an-na by Amos Farrar — the 33373 two thousand dollars to be put at interest, and so much of said 33374 interest arising therefrom to be expended for the benefit of the 33375 children as said agent shall deem proper and necessary ; and 33376 when each shall arrive at the age of twenty years, the said agent 33377 shall pay to each half-breed one thousand dollars and any bal- 33378 ance of interest remaining in his hands at the time. 33379 Article 5. At the special request of the said confederated 33380 tribes of Sac and Fox Indians, it is further agreed by the United 33381 States to pay to Joseph M. Street, their agent, two hundred dol- 33382 lars for the use and benefit of Thompson Connoly and James 33383 Gonnoly, children of their friend John Connoly, deceased, to be 33384 by said agent i3ut at interest and expended on the education of 33385 said Thompson and James Connoly, children of said John Con- 33386 noly, deceased. 33387 Article 6. The said confederated tribes of Sac and Fox 33388 Indians hereby stipulate and agree to remove from off the lauds 33389 herein in the first article of this treaty ceded to the United 33390 States, by the first of November next ensuing the date hereof, 33391 and, in order to prevent any fature misunderstanding, it is ex- 33392 pressly agreed and understood that no band or party of the said 33393 confederated tribes of Sac and Fox Indians shall plant, fish, or 749 33394 hunt oa any portion of tlae country herein ceded after the period 33395 just mentioned. 33396 Article 6. This treaty shall be obligatory on the contract- 33397 ing parties after it shall be ratified by the President and Senate 33398 of the United States. 33399 [The loway Indians having set up a claim to a part of the 33400 lands ceded by this treaty, it is therefore hereby provided that 33401 the President of the United States shall cause the validity and 33402 extent of said claim to be ascertained, and upon a relinquish- 33403 ment of said claim to the United States, he shall cause the 33404 reasonable and fair value thereof to be paid to said loway In- 33405 dians, and the same amount to be deducted from the sum stipu- 33406 lated to be paid to the said Sacs and Foxes.J 33407 Proclaimed February 27, 1837. 33408 Articles of a treaty made and entered into at the treaty-ground on 33409 tlie right bank of the Mississippi Biver, in the county of De- 33410 huque and Territory of Wisconsin, opposite Boclclsland, on the 33411 twenty -eighth day of September, one thousand eight hundred 33412 and thirty-six, between Henry Bodge, commissioner on the part 33413 of the United States, of the one part, and the confederated tribes 33414 of Sac and Fox Indians, represented in general council by the 33415 undersigned chiefs, head-men, and loarriors of the said tribes, of 33416 the other part : 33417 Whereas by the second article of the treaty made between 33418 the United States and the confederate tribes of the Sac and Fox 33419 Indians on the twenty-first day of September, one thousand 33420 eight hundred and thirty-two, a reservation of four hundred 33421 sections of land was made to the Sac and Fox Indians, to be 33422 laid off under the directions of the President of the United 33423 States in conformity to the provisions of said article, and the 33424 same having been so subsequently laid out accordingly, and the 33425 confederated tribes of Sacs and Foxes being desirous of obtain- 33426 ing additional means of support, and to pay their just creditors, 33427 have entered into this treaty, and make the following cession of 33428 land. 33429 Article 1. The confederated tribes of Sacs and Foxes, for 33430 the purposes above expressed, and for and in consideration of 33431 the stipulations and agreements hereinafter expressed, do here- 33432 by cede to the United States forever the said reservation of four 33433 hundred sections of land as designated in the second article of 33434 the treaty made between the United States and the confederated 33435 tribes of Sacs and Foxes, (see page 744,) as the same has been 33436 surveyed and laid off by order of the President of the United. 33437 States. 750 33438 Article 2, In consideration of the cession contained in the 33439 preceding article, the United States hereby agree as follows, to 33440 wit : To pay to the .confederated tribes of the Sac and Fox In- 33441 diaus, in the month of June, one thousand eight hundred and 33442 thirty-seven, the sum of thirty thousand dollars, and for ten 33443 successive years thereafter the sum of ten thousand dollars, each 33444 year in specie, to be paid at the treaty -ground opposite Eock 33445 Island ; to pay to the widdow and children of Felix St. Vrain, 33446 deceased, former Indian agent, who was killed by the Indians, 33447 one thousand dollars; to pay to the following-named persons 33448 the sums set opposite to their names respectively, being the 33449 one-half of the amount agreed to be due and owing by the cou- 33450 federated tribes of Sacs and Foxes to their creditors, provided 33451 said creditors will wait for the other half untill the same can be 33452 paid out of their annuities, for which purpose the Sacs and 33453 Foxes will set apart the sum of five thousand dollars each year, 33454 beginning in one thousand eight hundred and thirty-eight, out 33455 of their annuities to be paid upon said debts, in the proper pro- 33456 portion, untill the whole amount is discharged; to wit : To John 33457 Campbell, ten thousand dollars ; to Jeremiah Smith, six hundred 33458 and forty dollars; to Stephen Dubois, three hundred and live 33459 dollars and twenty cents ; to Nathaniel Knapp, one hundred dol- 33460 lars; to Wharton R. McPhearson, two hundred and fifty dollars ; 33461 to S. S. Phelps & Co., four thousand dollars; to Jesse W. ShuU, 33462 five hundred dollars ; to James Jordan, one hundred and fifty 33463 dollars ; to John E. Campbell, fifteen dollars ; to Amos Farrar, one 33464 hundred dollars; to the owners of the S. boat Warrior, one hun- 33465 dred and sixty-two dollars and seventy-five cents ; to George 33466 Davenport, two thousand five hundred and sixty-three dollars 33467 and fifty cents; to Madame St. Ament, five hundred dollars; to 33468 Madame Joseph Gunville, five hundred dollars ; to Madame Le 33469 Claire, one hundred and twenty -five dollars ; to Miss Blondeau, 33470 one hundred and twenty-five dollars ; to Antoine Le Claire, two 33471 thousand four hundred and thirty-six dollars and fifty cents ; to 33472 Francis Labachiere, one thousand one hundred and sixty-seven 33473 dollars and seventy-five cents ; to Pratte Chouteau & Co., twenty 33474 thousand three hundred and sixty-two dollars and forty-two and 33475 a half cents ; to Nathaniel Patterson, four hundred and fifty-six 33476 dollars.t 33477 AiRTiCLB 3. The United States further agree to deliver to 33478 the confederated tribes of Sacs and Foxes two hundred horses, 33479 as near that number as can be procured with the sum of nine 33480 thousand three hundred and forty-one dollars, to be delivered 33481 at the payment of the annuities in June, one thousand eight 33482 hundred and thirty-seven. 33483 Article 4. At the special request of the Sac and Fox In- 751 33484 dians aforesaid, tlie United States agree to make the following 33485 provisions for the benefit and support of seven half-breeds of the 33486 Sac and Fox Nation, to wit : The United States agree to pay to 33487 Wayman, for the use and benefit of his half- breed child by 33488 a Fox woman named Man-no, one thousand dollars; to Whar- 33489 tonR. McPherson, for the use and benefit of his half-breed child 33490 by To-to-qua, a Fox woman, one thousand dollars; to James 33491 Thorn, for the use and benefit of his half breed child by Ka-kee- 33492 o-sa-qua, a Fox woman, one thousand dollars; to Joseph Smart, 33493 for the use of * his half-breed child by Ka-ti-qua, a Fox woman, 33494 one thousand dollars ; to Nathan Smith, for the use and benefit 33495 of his half-breed child by Wa-na-sa, a Sac woman, one thousand 33496 dollars, and to Joseph M. Street, Indian agent,, two thousand 33497 dollars for the use and benefit of two half-breed children — one the 33498 child of Niwa-ka-kee, a Fox woman, by one Mitchell ; the other 33499 the child of M-an-na ]fy Amos Farrar — the two thousand dollars 33500 to be put at interest, and so much of said interest arising there- 33501 from to be expended for the benefit of the children as said 33502 agent shall deem proper and necessary, and when each shall 33503 arrive at the age of twenty years the said agent shall pay to 33504 each half-breed one thousand dollars and any balance of interest 33505 remaining in his hands at the time. 33506 Akticle 6. At the special request of the said confederated 33507 tribes of Sac and "Fox Indians it is further agreed by the United 33508 States to pay to Joseph M. Street, their agent, two hundred 33509 dollars for the use and benefit of Thompson Connoly and James 33510 Connoly, children of their friend John Connoly, deceased, to be 33511 by said agent put at interest and expended on the education of 33512 said Thompson and James Connoly, children of said John Con- 33513 noly, deceased. 33514 Aetiole 6. The said confederated tribes of Sac and Fox 33515 Indians hereby stipulate aud agree to remove from off the lands 33516 herein in the first article of this treaty ceded to the United States, 33517 by the first day of November next ensuing the date hereof ; and, 33518 in order to prevent any future misunderstanding, it is expressly 33519 agreed and understood that no band or party of the said con- 33520 federated tribes of Sac and Fox Indians shall plant, fish, or 33521 hunt on any portion of the country herein ceded after the period 33522 just mentioned. 33523 Article 6. This treaty shall be obligatory on the contract- 33524 ing parties after it shall be ratified by the President and Senate 33525 of the United States. 33526 Proclaimed December 13, 1837. 752 33527 Articles of a treaty made at tie city of WasMngton between Carey 33528 A. Harris^ Commissioner of Indian Affairs^ thereto author- 33529 ised by the President of the United States, and the confed- 33550 erated tribes of Sacs and Foxes, by their chiefs and delegates. 33531 Article 1. The Sacs and Foxes make to the United States 33532 the following cessions: 33533 First. Of a tract of country containing 1,250,000 (one million 33534 two hundred and fifty thousand) acres lying west and adjoining 33535 the tract convej'ed by them to the United States in the treaty 33536 of September 21st, 1832. It is understood that the points of (see 33537 page 744) termination for the present cession shall be the 33538 northern and southern points of said tract as fixed by the survey 33539 made under the authority of the United States, and that a line 33540 shall be drawn between them, so as to intersect a line extended 33541 westwardly from the angle of said tract nearly opposite to Eock 33542 Island, as laid down in the above survey, so far as may be neces- 33543 sary to include the number of acres hereby ceded, which last. 33544 mentioned line, it is estimated, will be about twenty-five miles. 33545 Second. Of all right or interest in the land ceded by said 33546 confederated tribes on the 15th of July, 1830, which might be 33547 claimed by them, under the phraseology of the first article of 33548 said treaty. 33549 Article 2. In consideration of the cessions contained in 33550 the preceding article, the United States agree to the following 33551 stipulations on their part : 33552 First. To cause the land ceded to be surveyed at the ex- 33553 pense of the United States, and permanent and prominent laud- 33554 marks established in the presence of a deputation of the chiefs 33555 of said confederated tribes. 33556 Second. To pay the debts of the confederated tribes which 33557 may be ascertained to be justly due, and which may be admitted 33558 by the Indians, to the amount of one hundred thousand dollars, 33559 ($100,000 :) Provided, That if all their just debts amount to more 33560 than this sum, then their creditors are to be paid pro rata upon 33561 their giving receipts in full ; and if said debts fall short of said 33562 sum, then the remainder to be paid to the Indians : And pro- 33563 vided also, That no claim for depredations shall be paid out of 33564 said sum. 33565 Third. To deliver to them goods suited to their wants, at 33566 cost, to the amount of twenty-eight thousand five hundred dol- 33567 lars, ($28,500.) 33568 Fourth. To expend in the erection of two grist-mills, and 33569 the support of two millers for five years, ten thousand dollars, 33570 ($10,000.) 33571 Fifth. To expend in breaking up and fencing in ground on 753 33573 the land retained by said confederate tribes, and for otber bene- 33573 flcial objects, fourteen thousand dollars, ($14,000.)* 33574 Sixth. To supply them with provisions to the amount of five 33575 thousand dollars ($5,000) a year for two years.* 33576 Seventh. To expend in procuring the services of the neces- 33577 sary number of laborers, and for other objects connected with 33578 aiding them in agriculture, two thousand dollars ($2,000) a year, 33579 for five years. 33580 Eighth. For the purchase of horses and presents, to be de- 33581 livered to the chiefs and delegates on their arrival at St. Louis, 33582 four thousand five hundred dollars, ($4,500,) one thousand dol- 33583 lars ($1,000) of which is in full satisfaction of any claim said 33584 tribe may hg,ve on account of the stipulation for blacksmiths in 33585 the treaty of 1832. 33586 Ninth. To invest the sum of two hundred thousand dollars 33587 ($200,000) in safe State stocks, and to guarantee to the Indians 33588 an annual income of not less than five per cent., the said interest 33589 to be paid to them each year in the manner annuities are paid, 33590 at such time and place, and in money or goods, as the tribe may 33591 direct: Provided, That it maybe competent for the President 33592 to direct that a portion of the same may, with the consent of the 33593 Indians, be applied to education or other purposes calculated 33594 to improve them. 33595 Article 3. The two blacksmiths' establishments and the 33596 gunsmith's establishment, to which the Sacs and Foxes are en- 33597 titled under treaties prior to this, shall be removed to and be 33598 supported in the country retained by them, and all other stipu- 33599 lations in former treaties inconsistent with this, or with their 33600 residence, and the transaction of their business on their retained 33601 land, are hereby declared void. 33602 Article 4. The Sacs and Poxes agree to remove from the 33603 tract ceded, with the exception of KeOkuck's Village, possession 33604 of which may be retained for two years, within eight months 33605 from the ratification of this treaty. 33606 Akticlb 5. The expenses of this negotiation and of the 33607 chiefs and delegates signing this treaty to this city and to their 33608 homes to be paid by the United States. 33609 Article 6. This treaty to be binding upon the contracting 33610 parties when the same shall be ratified by the United States. 33611 Proclaimed February 21, 1838. 95 it 754 33612 Articles of a treaty made and concluded, at the agency of the Sac 33613 and Fox Indians in the Territory of Iowa, between the United .■}3614 States of America, hy John Chambers their commissioner, there- 33615 to specially authorized by the President, and the confederated 33616 tribes of Sac and Fox Indians, represented by their chiefs, head- 33617 men, and braves. 33618 Article 1. The confederated tribes ot Sacs aud Poxes cede 33619 to tlie United States, forever, all the lands west of the Missis- 33620 sippi Eiver to which they have any claim or title, or in which 33621 they have any interest whatever, reserving a right to occupy 33622 for the term of three years from the time of signing this treaty 33623 all that part of the land hereby ceded which lies west of a line 33624 running due north and south from the painted or red rocks on 33625 the White Breast Fork of the Des Moines Eiver, which rocks 33626 will be found about eight miles, when reduced to a straight 33627 line, from the junction of the White Breast with the Des Moines. 33628 Abticle 2. In consideration of the cession contained in the 33629 preceding article, the United States agree" to pay anually to 33630 the Sacs and Foxes an interest of five per centum upon the sum 33631 of eight hundred thousand dollars, and to pay their debts men- 33632 tioned in the schedule annexed to and made part of this treaty, 33633 amounting to the sum of two hundred and fifty-eight thousand 33634 five hundred and sixty-six dollars aud thirty -four cents ; and the 33635 United States also agree — 33636 First. That the President will, as soon after this treaty is 33637 ratified on their part as may be convenient, assign a tract of 33638 land suitable and convenient for Indian purposes to the Sacs 33639 and Foxes for a permanent and perpetual residence for them and 33640 their descendants, which tract of land shall be upon the Missouri 33641 Eiver or some of its waters. 33642 Second. That the United States will cause tlie blacksmiths' 33643 and gunsmiths' tools, with the stock of iron and steel on hand 33644 at the present agency of the Sacs and Foxes, to be removed, ns 33645 soon after their removal as convenient, to some suitable point at 33646 or near their residences west of the north and south line men- 33647 tioned in the first article of this treaty ; and will establish and 33648 maintain two blacksmiths' and two gunsmiths' shops convenient 33649 to their agency, and will employ two blacksmiths, with necessary 33650 assistance, and two gunsmiths to carry on the said shops for the 33651 benefit of the Sacs and Foxes ; one blacksmith's and one gun- 33652 smith's shop to be employed exclusively for the Sacs, and one of 33653 each to be employed exclusively for the Foxes ; and all expenses 33654 attending the removal of the tools, iron and steel, and the erec 33655 tion of new shops, *and the purchase of iron and steel, and the 33656 support and maintenance of the shops, and wages of the smiths 755 33657 and their assistants are to be paid by the tribes, except such 33658 portion thereof as they are now entitled to have paid by the 33659 United States under the 4th article of the treaty made with 33660 them on the 4th of August, 1824, (proclaimed January 18. 33661 1825 ; see page 742,) and the 4th article of the treaty of the 21st 33662 of September, 1832, (see page 744.) And when the said tribes 33663 shall remove to the land to be assigned them by the President of 33664 the United States under the provisions of this treaty, the smiths' 33665 shops above stipulated for shall be re-established and maintained 33666 at their new residence, upon the same terms and conditions as 33667 are above provided for their removal and establishment west of 33668 the north and' south line mentioned in the first article of this 33669 treaty. 33670 Third. ThatthePresidentof the United States will, as soon as 33671 convenient after the ratification of this treaty, appoint a com- 33672 missioner for the purpose, and cause a line to be run north from 33673 the painted or red rocks on the White Breast, to the southern 33674 boundary of the neutral ground, and south from the said rocks 33675 to the northern boundary of Missouri, and will have the said 33676 lines so marked and designated that the Indians and white peo- 33677 pie may know the boundary which is to separate their posses- 33678 sions. 33679 Articles. The Sacs and Poxes agree that they will re- 33680 move to the west side of the line running north and south from 33681 the painted or red rocks on the White Breast on or before the 33682 first of May next, and that so soon after the President shall have 33683 assigned them a residence upon the waters of the Missouri, as 33684 their chiefs shall consent to do so, the tribe will remove to the 33685 laud so assigned them, and that if they do not remove before 3368G the expiration of the term of three years, they will then remove 33687 at their own expense ; and the United States agree, that when- 33688 ever the chiefs shall give notice to the Commissioner of Indian 33689 Affairs of the time at which they will commence their removal 33690 to the land to be assigned them by the President, a quantity of 33691 provisions sufficient for their subsistence while removing shall 33692 be furnished them at their agency, and an additional quantity, 33693 not exceeding one year's supply, shall be delivered to them upon 33694 their arrival upon the lands assigned them, the cost and expenses 33695 of which supplies shall be retained out of any money payable to 33696 them by the United States. 33697 Abticle 4. It is agreed that each of the principal chiefs of 33698 the Sacs and Foxes shall hereafter receive the sum of five hun- 33699 dred dollars annually out of the annuities payable to the tribe, 33700 to be used and expended by them for such purposes as they may 33701 think proper, with the approbation of their agent. 33702 Aeticle 5. It is further agreed that there shall be a fund 756 33703 amouuting to thirty thousand dollars retained at each annual 33704 payment to the Sacs and Foxes in the hands of the agent ap- 33705 pointed by the President for their tribe, to be expended by the 33706 chiefs, with the approbation of the agent, for national and chari- 33707 table purposes among their people, such as the support of their 33708 poor, burying their dead, employing physicians for the sick, 33709 procuring provisions for their people in cases of necessity, and 33710 such other purposes of general utility as the chiefs may think 33711 proper and the agent approve. And if at any payment of the 33712 annuities of the tribe a balance of the fund so retained from the 33713 preceding year shall remain unexpended, only so much shall be 33714 retained in addition as will make up the sum of thirty thousand 33715 dollars. 33716 Article 6. It is further agreed that the Sacs and Poxes 33717 may, at any time, with the consent of the President of the United 33718 States, direct the application of any portion of the annuities 33719 payable to them, under this or any former treaty, to the pur- 33720 chase of goods or provisions, or to agricultural purposes, or any 33721 other object tending to their improvement or calculated to in- 33722 crease the comfort and happiness of their people. 33723 Article 7. The United States agree that the unexpended 33724 balance of the fund created by the seventh paragraph of the 33725 second article of the treaty of the twenty-first of October, 33726 1837, (proclaimed February 21, 1838; see page 753,) for 33727 agricultural purposes, or so much thereof as may be necessary, 33728 shall be used and employed in the cultivation of the pat- 33729 tern farm near the present Sac and Fox agency, in the year 33730 1843, for the exclusive use and benefit of the tribe. And the y 33731 further agree that such portion of the fuud for erecting mills 33732 and supporting millers, specified in the fourth paragraph of the 33733 second article of the aforesaid treaty of October 21st, 1837, as 33734 may be and remain unexpended on the 1st day of May next, 33735 shall be transferred to and made part of the sum designated in 33736 the fifth paragraph (as amended) of the article and treaty above 33737 named, for breaking up land, and other beneficial objects, and 33738 become thereafter applicable to the same purposes as were in 33739 the said fifth paragraph originally intended. 33740 Article 8. The Sacs and Foxes have caused the remains 33741 of their late distinguished chief Wa-pel-lo to be buried at their 33742 agency, near the grave of their late friend and agent. General 33743 Joseph M. Street, and have put into the hands of their agent 33744 the sum of one hundred dollars to procure a tombstone to be 33745 erected over his grave similar to that which has been erected 33746 over the grave of General Street ; and because they wish the 33747 graves of their friend and their chief to remain in the possession 33748 of the family of General Street, to whom they were indebted in 757 33749 his life-time for many acts of kindness, tbey wisli to give to his 33750 widow, Mrs. Eliza M. Street, one section of land, to include the 33751 said graves and the agency-house and enclosures around and 33752 near it; and as the agency -house was built at the expense of 33753 the United States, the Sacs and Poxes agree to pay them the 33754 sum of one thousand dollars, the value of said building, assessed 33755 by gentlemen appointed by them and Governor Chambers, com- 33756 missioner on the part of the United States, to be deducted from 33757 the first annuity payable to them under the provisions of this 33758 treaty. And the United States agree to grant to the said Eliza 33759 M. Street, by one or more patents, six hundred and forty acres 33760 of land in such legal subdivisions as will include the said burial- 33761 ground, the agency-house and improvements around and near 33762 it in good and convenient form, to be selected by the said E. M. 33763 Street or her duly-authorized agent. 33764 Article 9. It is finally agreed that this treaty shall be 33765 binding on the two contracting parties so soon as it shall have 33766 been ratified by the President and Senate of the United States : 33767 Provided always, That should the Senate disagree to and reject, 33768 alter, or amend any portion or stipulation thereof, the same must 33769 be again submitted to the Sacs and Poxes, and assented to by 33770 them, before it shall be considered valid and obligatory upon 33771 them ; and if they disagree to such alteration or amendment the 33772 treaty shall be returned to the Senate, for ratification or rejection , 33773 in the form in which it was signed. 33774 Proclaimed March 23, 1843. 33775 Schedule of debts due from the confederated tribes of the Sac and 33776 Fox Indians to be paid by the United States under the provis- 33777 ions of a treaty made and concluded at the Sac and Fox agency, 33778 in the Territory of Iowa, on the eleventh day of October in the 33779 year 1842 ; to which this schedule is annexed as a part thereof OO I OyJ Name of claiiimnt and place of residenc. Amount. 33781 Pierre Chouteau, jr. & Co., St. Louis, Missouri, 33782 ■ licensed traders $112,10947 33783 VV. G. & G. W. Erving, Indiana, licensed traders. 66, 371 83 33784 J. P. Eddy & Co., loway, licensed traders 52, 332 78 33785 Thomas Charlton, Van Buren C'ty, loway 76 69 33786 E. B. Willoughby, Van Buren C'ty, loway 25 00 33787 Prancis Withington, Lincoln County, Missouri 4, 212 58 33788 Jesse B. Webber, Burlington, loway 116 60 33789 J. C. Ware, Jefferson County, loway 50 00 33790 W. C. Cameron, assignee of A. M. Bissel, (bank- 33791 rupt,) Burlington 283 14 33792 David Bailey, Lincoln C'ty, Missouri 75 00 758 Name of claimant and place of residence. Amount. 33793 Thomas W. Bradley, loway $20 00 33794 John J. Grimes, Lincoln C'ty, Missouri 625 00 33795 William Settles, Lincoln C'ty, Missouri 320 00 33796 John S. David, Burlington, loway 20 00 33797 P. Hancock, Van Bnren, loway 20 00 33798 0. G. Pelton, Burlington, loway 34 00 33799 J. Tolman, Van Buren, loway 115 00 33800 J. L. Burtiss, Lee County, loway 715 00 33801 Isaac A. Lefevre, Van Buren, loway 348 00 33802 Jeremiah Smith, jr., Burlington, loway 4, 000 00 33803 William & Sampson Smith, Jefferson County, loway, 60 00 33804 John Koontz 6 .^0 33805 Robert Moffet, New Lexington, loway 129 63 33806 Autoine Leclaire, Davenport, loway 1 , 375 00 33807 Margaret Price, Lee County, loway 9 00 33808 Jesse Sutton, Van Buren, loway 22 00 33809 Jefferson Jordon, Van Buren, loway 175 00 33810 Jeremiah Wayland, St. Francisville, Missouri 15 00 33811 Eobert Brown, assignee of Cutting & Gordon, Van 33812 Buren C'ty, loway 73 25 33813 William Eowland, Van Buren C'ty, loway 460 32 33814 Edward Kilbourne, Lee County, loway , 10, 411 80 33815 Perry & Best, Lee County 22 75 33816 P. Chouteau, jr., & Co., St. Louis, Missouri 26 00 33817 Job Carter, Van Buren C'ty ' 28 00 33818 Francis Bosseron, St. Louis, Mo 26 00 33819 James Jordon, Van Buren, loway 1, 775 00 33820 Sampson Smith, loway 54 00 33821 Louis Laplant, loway 122 00 33822 William Phelps, Clark County, Missouri 310 00 33823 William B. Street, loway , .' 300 00 33824 Julia Ann Goodell, loway 855 00 33825 George L. Davenport, Davenport, loway 320 00 33826 G. C. E. Mitchell, Davenport, loway 100 00 33827 David ISToggle, Van Buren, loway 20 00 33828 33829 Amount 258,566 34 33830 Franklin Pibece, President of the United States of America, 33831 to all and singular to whom these presents shall come, 33832 greeting : 33833 Whereas a treaty was made and concluded at the citj' of 33834 Washington on the eighteenth day of May, one thousand eight 33835 hundred and fifty-four, by George W. Manypenny, commissioner 33836 on the part of the United States, and the following-named dele- 33837 gates of the Sacs and Foxes of Missouri, viz : Pe-to-o-ke-mah, 759 3383S or Hard Fish; Mo-less or Wah-pe-neinmab, or Sturgeon; Ne- 33839 sonquoit, or Bear; Mo-ko-lio-ko, or Jumping Fisli ; and No-ko- 33840 what, or Fox ; they being thereto duly authorized by the said 33841 Sac and Fox Indians, -which treaty is in the words following, 33842 to wit: 33843 Articles of agreement and convention made and concluded at the 33844 city of Washington this eighteenth day of May, one thou- 33845 sand eight hundred and fifty-four, by George W. Many- 33846 penny, commissioner on the part of the United States, and 33847 the following-named delegates of the Sacs and Foxes of 33848 Missouri, viz: Pe-to-o-ke-mah, or Hard Fish; Mo-less or 33849 Wah-pe-nemmah, or Sturgeon ; Ne-son-quoit, or Bear ; Mo- 33850 ko-ho-ko, or Jumping Fish; and No-ko what, or Fox; 33851 they being thereto duly authorized by the said Sac and Fox 33852 Indians. 33853 Article 1. The Sacs and Foxes of Missouri hereby cede, 33854 relinquish, and convey to the United States all their right, title, 33855 and interest in and to the country assigned to them by the treaty 33856 concluded on the seventeenth day of September, one thousand 33857 eight hundred and thirty-six, (proclaimed February 15, 1837; 33858 see page 407,) between William Clark, superintendent of In- 33859 dian affairs, on the part of the United States, and the 33860 loways and Missouri Sacs and Foxes, being the lower half 33861 of the country described in the second article thereof as " the 33862 small strip of land on the south side of the Missouri Eiver, 33863 lying between the Kickapoo northern boundary-line and the 33864 Grand Xemahaw Eiver, and extending from the Missouri back 33865 and westwardly with the said Kickapoo line and the Grand 33866 S^emahaw, making four hundred sections; to be divided between 33867 the said loways and Missouri band of Sacs and Foxes; the lower 33868 half to the Sacs and Foxes, the upper half to the loways," saving 33869 and reserving fifty sections, of six hundred and forty acres 33870 each, which shall be selected in the western part of the cession 33871 by the delegates parties hereto, and the agent for the tribe, after 33872 their return home, and which shall be located in one body and 33873 set off by metes and bounds : Provided, That the delegates and 33874 agent can find such an amount of land in one body within said 33875 specified section of country suitable to the wants and wishes of 33876 the Indians : And it is further provided, That should a suitable 33877 location, upon examination, to the full extent of fifty sections 33878 not be found within said western part of this cession, then the 33879 said delegates and agent shall be permitted to extend the loca- 33880 tion west or northwest of the country herein ceded and south of 33881 the Great Nemahaw Eiver, over so much of the public domain, 33882 otherwise unappropriated, as shall make up the deficiency ; or 33883 to make a selection entirely beyond the limits of the country 760 33884 herein ceded upon any lands of the United States, not otherwise 33885 appropriated, lying as aforesaid west or northwest of the ceded 33886 country and south of the Great liTemahaw. And in either case 33887 they shall describe their selection, which must be made within 33888 six months from the date hereof, by metes and bounds, and 33889 transmit the description thereof, signed by said delegates and 33890 agent, to the Commissioner of Indian Affairs ; and thereupon 33891 the selection so made shall be taken and deemed as the future 33892 permanent home of the Sacs and Foxes of Missouri. It is ex- 33893 pressly understood that these Indians shall claim under this 33894 article no more than fifty sections of land, and if that quantity, 33895 or any portion thereof, shall be selected, as provided above, 33896 outside of the reservation herein made, then said reservation or 33897 a quantity equal to that which may be selected outside thereof? 33898 shall be, and the same is hereby, ceded, relinquished, and con- 33899 veyed to the United States. 33900 Article 2. In consideration of the cession and relinquish- 33901 ment made in the preceding article, the United States agree to 33902 pay to the Sacs and Foxes of Missouri the guui of forty-eight 33903 thousand dollars, in manner following, viz : Fifteen thousand dol- 33904 lars in the month of October in each of the years one thousand 33905 eight hundred and fifty-four and one thousand eight hundred 33906 and fifty-five ; ten thousand dollars in the same month of the 33907 year one thousand eight hundred and fifty-six, and eight thou- 33908 sand dollars in the same month of the year one thousand eight 33909 hundred and fifty-seven ; which several sums shall be paid di- 33910 rectly to the Indians, or otherwise, as the President may deem 33911 advisable, for building houses, breaking and fencing lands, pur- 33912 chasing stock, farming-implements, seeds, and such other arti- 33913 cles as may be necessary for their comfort and prosijerity. 33914 Article 3. The President may cause to be surveyed, in the 33915 same manner in which the public lands are surveyed, the re- 33916 servation herein provided for the Sacs and Foxes of Missouri, 33917 and may assign to each person or family desiring it such quan- 33918 tity of land as, in his opinion, will be sufftcient for such per- 33919 son or family, with the understanding that he or they will 33920 occupy, improve, and cultivate the same, and comply with such 33921 other conditions as the President may prescribe. The land thus 33922 assigned may hereafter be confirmed by patent to the parties, or 33923 their representatives, under such regulations and restrictions as 33924 Congress may prescribe. 33925 Article 4. The said Indians reserve a tract of one section 33926 of land at the site of their present farm and miU, and to include 33927 the same ; and, if they desire it, said farm may be cultivated for 33928 them for a term not exceeding two years, at the end of which 33929 time, or sooner, if the Indians request it, the said tract and mill 761 33930 inay be sold by tbe President to the highest bidder, and, upon 33931 payment being made, a patent to issue to the purchaser; the pro- 33932 ceeds of the sale to be paid over to the Indians with their other 33933 moneys. 33934 Abtiole 5. At the request of the Indians, it is hereby 33935 agreed that the Board of Foreign Missions of the Presbyterian 33936 Church shall have a tract of one hundred and sixty acres of 33937 land, to be selected by said board, at a distance not exceeding 33938 two miles in a westerly direction from the grant made to said 33939 board at their mission by the loway Indians ; and the President 33940 is authorized to issue a patent for the same to such person or 33941 persoas as said board may designate. 33942 Aeticle 6. The said Indians release the United States from 33943 all claims or demands of any kind whatsoever arising, or which 33944 may hereafter arise, under former treaties, and agree to remove 33945 within six months after the ratification of this treaty, and to 33946 subsist themselves, without cost to the United States. In con- 33947 sideration of which release and agreement, the United States 33948 agree to pay them the sum of five thousand dollars, three thou- 33949 sand of which may be applied to the settlement of their aifairs 33950 preparatory to removal. 33951 Aktiolb 7. The invested fand provided by the second clause 33952 of the second article of the treaty of twenty-first day of October, 33953 one thousand eight hundred and. thirty-seven, (being one hundred 33954 and fifty-seven thousand four hundred dollars,) shall remain with 33955 the United States at an annual interest of five per cent., which 33956 interest, as it accumulates, shall be expended uuder the direction .33957 of the President, in such manner as he may deem best for the in- 33958 terests of the Indians, and a like disposition may be made of any 33959 unexpended balance of interest now on hand. (¥. B. — The 33960 clause referred to is probably the ninth, and not the second. 33961 See page 753.) 33962 Article 8. ISTo part of the moneys hereby stipulated to be 33963 paid to the Indians or for their benefit, or of their invented fund, 33964 shall be applied to the payment of debts contracted by them in 33965 their private dealings as individuals, whether with traders or 33966 otherwise. 33967 Article 9. It is agreed by said Indians that all roads and 33968 highways laid out by authority of law, shall have right of way 33969 through their reservation on the same terms as are provided by 33970 law when roads and highways are made through lauds of citi- 33971 zens of .the United States; and railroad companies, when the 33972 lines of their roads necessarily pass through the lands of these 33973 Indians, shall have right of way on the payment of a just com- 33974 iiensation therefor in money. 33975 Article 10. The said Indians promise to use their best 96 I T 762 33976 efforts to prevent the introduction and use of ardent spirits in 33977 their country; to encourage industry, thrift, and morality; and 33978 by every possible means to promote their advancement in civil- 33979 ization. They desire to be at peace with all men, and therefore 33980 bind themselves to commit' no depredation or wrong upon either 33981 Indians or citizens, and whenever difQculties arise, to abide by 33982 the laws of the United States in such cases made and provided, 33983 as they expect to be protected and to have their own rights vindi- 33984 catedbythem. 33985 Article 11. The object of these articles of agreement and 33986 convention being to advance the true interests of the Sac and Fox 33987 Indians, it is agreed, should they prove insufftcient, from causes 33988 which cannot now be foreseen, to effect these ends, that the 33989 President may, by and with the advice and consent of the Sen- 33990 ate, adopt such policy in the management of their affairs as in 33991 his judgment may be most beneficial to them ; or Congress may 33992 hereafter make such provisions by law as experience shall prove 33993 to be necessary. 33994 Article 12. This instrument shall be obligatory on the con- 33995 tracting parties whenever the same shall be ratified by the Pres- 33996 ident and the Senate of the United States. 33997 Proclaimed July 17, 1854. 33998 Treaty between the Tfnited States and the confederated tribes of 33999 Sacs and Foxes of the Mississippi j made October 1, 1859 ; 34000 ratified July 9, 1860. 34001 Sy the President of the United States of America : 34002 A PROCLAMATION. 34003 To all and singular to whom these presents shall come, greeting : 34004 Whereas a treaty was made and concluded at the Sac and 34005 Fox agency, in the Territory of Kansas, on the first day of 34006 October, one thousand eight hundred and fifty-nine, by and 34007 between Alfred B. Greenwood, commissioner on the part of the 34008 United States, and certain chiefs and head-men hereinafter 34009 named, representing the confederated tribes of Sacs and Foxes 34010 of the Mississippi, which treaty is in the following words, to 34011 wit: 34012 Articles of agreement and convention made and concluded at 34013 the Sac and Fox agency, in the Territory of Kansas, on 34014 the first day of October, in the year of our Lord one thou- 34015 sand eight hundred and fifty-nine, by and between Alfred 34016 B. Greenwood, commissioner on the part of the United 34017 States, and the following-named chiefs and delegates, rep- 763 34018 resenting the confederated tribes of Sacs and Foxes of the 34019 Mississippi, viz: Keokuk, Mack-a-sah-pee, Sha-bah-caw- 34020 kah, Mat-tali-tah, My-ah-pit, Kaw-ah-kee, Kah-sha-moh-mee, 34021 Maw-mee-won-e-kah, and Ohe-ko-skak, they being thereto 34022 duly authorized by said confederated tribes. 34023 Article 1. The Sacs and Foxes of the Mississippi having 34024 now more lands than are necessary for their occupancy and use, 34025 and being desirous of .promoting settled habits of industry and 34026 enterprise amongst themselves by abolishing the tenure in com- 34027 mon by which they now hold their lands, and by assigning 34028 limited quantities thereof, in severalty, to the individual mein- 34029 bers of the tribe, to be cultivated and improved for their indi- 34030 vidual use and benefit, it is hereby agreed and stipulated that 34031 the portion of their present reservation contained within the 34032 following boundaries, that is to say : beginning at a point on 34033 the northern boundary-line of their reservation, six miles west 34034 of the northeastern corner of the same; running thence due 34035 south to the southern boundary of the same, twenty miles; 34036 thence west, and along said southern boundary, twelve miles ; 34037 thence due north, to the northern boundary of said reservation, 34038 twenty miles ; and thence east, along said boundary-line, twelve 34039 miles, to the place of beginning — estimated to contain about 34040 one hundred and fifty-three thousand and six hundred acres— - 34041 shall be set apart and retained by them for the purposes afore- 34042 said. 34043 Aetiole 2. Out of the lands so set apart and retained there 34044 shall be assigned to each member of said confederated tribe, 34045 without distinction of age or sex, a tract of eighty acres, to in- 34046 elude in every case, as far as practicable, a reasonable portion 34047 of timber. One hundred and sixty acres of said retained lands 34048 shall also be set apart and appropriated to the use and occu- 34049 pancy of the agent for the time being of said confederated tribe; 34050 and one hundred and sixty acres shall also be reserved for the 34051 establishment and support of a school for the education of the 34052 youth of the tribe. The location of the tracts, the assignment 34053 of which is provided for in this article, shall be made in as reg- 34054 ular and compact a manner as possible, and so as to admit of a 34055 distinct and well-defined exterior boundary, embracing the whole 34056 of them and any intermediate portions or parcels of land or 34067 water not included in or made part of the tracts assigned in sev- 34058 eralty. All such intermediate parcels of land and water shall 34059 be owned by the Sacs and Foxes of the Mississippi in common ; 34060 but, in case of increase in the tribe, or other cause, rendering it 34061 necessary or expedient, the said intermediate parcels of land 34062 shall be subject to distribution and assignment in such manner 34063 as the Secretary of the Interior may prescribe and direct. The 764 34064 whole of the lands, assigned or unassigned, embraced within 34065 said exterior boundary, shall constitute and be known as the 34066 reservation of the Sacs and Foxes of the Mississippi ; and all 34067 laws which have been, or may be, passed by the Congress of 34068 the United States regulating trade and intercourse with Indian 34069 tribes shall have full force and effect over the same, and no white 34070 person, except such as shall be in the employment of the United 34071 States, shall be allowed to reside or go upon any portion of said 34072 reservation, without the written permission of the superintendent 34073 of the central superintendency, or of the agent of the tribe. 34074 Article 3. The division and assignment in severalty 34075 among the Sacs and Foxes of the Mississippi of the land 34076 hereinbefore reserved for that purpose shall be made under 34077 the direction of the Secretary of the Interior, and his decis- 34078 ion of all questions arising thereupon shall be final and con- 34079 elusive. Certificates shall be issued by the Commissioner of 34080 Indian Affairs for the tracts assigned in severalty, specifying 34081 the names of the individuals to whom they have been as- 34082 signed, respectively, and that the said tracts are set apart for 34083 the exclusive use and benefit of the assignees and their heirs. 34084 And said tracts shall not be alienated in fee, leased, or other- 34085 wise disposed of, except to the United States, or to members of 34086 the Saq and Fox tribe, and under such rules and regulations as 34087 may be prescribed by the Secretary of the Interior. And said 34088 tracts shall be exempt from taxation, levy, sale, or forfeiture, 34089 until otherwise provided by Congress. Prior to the issue of the 34090 certificates aforesaid, the Secretary of the Interior shall make 34091 such rules and regulations as he may deem necessary or expedi- 34092 ent respecting the disposition of any of said tracts, in case of 34093 the death of the person or persons to whom they may be as- 34094 signed, so that the same shall be secured to the families of such 34095 deceased persons ; and should any of the Indians to whom tracts 34096 shall be assigned abandon them, the said Secretary may take 34097 such action in relation to the proper disposition thereof as, in 34098 his judgment, may be necessary and proper. 34099 Article 4. For the purpose of establishing the Sacs and 34100 Foxes of the Mississippi comfortably upon the lands to be as- 34101 signed to them in severalty, by building them houses, and by 34102 furnishing them with agricultural implements, stock-animals, 34103 and other necessary aid and facilities for commencing agricul- 34104 tural pursuits under favorable circumstances, the lands em- 34105 braced in that portion of their present reservation, not stipu- 34106 lated to be retained and divided as aforesaid, shall be sold under 34107 the direction of the Secretary of the Interior, in parcels not ex- 34108 ceeding one hundred and sixty acres each, to the highest bidder, 34109 for cash ; the sale to be made upon sealed proposals, to be duly 765 34110 invited by public advertisement, and the proceeds thereof to be 34111 expended, for the purposes hereinbefore recited, in such manner 34112 as the Secretary of the Interior may think proper. And should 34113 any of the tracts so to be sold have upon them improvements 34114 of any kind which were made by or for the Indians, or for Gov- 34115 ernment purposes, the proposals therefor must state the price 34116 for both the land and the improvements. And if, after assign- 34117 ing to all the members of the tribe entitled thereto their propor- 34118 tion of land in severalty, there shall remain a surplus of that 34119 portion of the reservation retained for that purpose, outside of 34120- the exterior boundaries of the lands assigned in severalty, the 34121 Secretary of the Interior shall be authorized and empowered, 34122 whenever he shall think proper, to cause such surplus to be sold 34123 in the same manner as the other lands to be so disposed of, and 34124 to apply the proceeds of such sale to the purposes and in the 34125 mode hereinbefore provided with respect to that portion of their 34126 present reservation not retained for distribution. 34127 Article 5. The Sacs and Foxes of the Mississippi being 34128 anxious to relieve themselves from the burden of their present 34129 liabilities, and it being essential to their best interests that they 34130 should be allowed to commence their new mode of life free from 34131 the embarrassments of debt, it is stipulated and agreed that 34132 debts which may be due and owing at the date of the signing 34133 and execution hereof, either by the said confederated tribes of 34134 Sacs and Foxes, or by individual members thereof, shall be 34135 liquidated and paid out of the fund arising from the sale of their 34136 surplus lands, so far as the same shall be found to be just and 34137 valid on an examination thereof, to be made by their agent and 34138 the superintendent of Indian affairs for the central superintend- 34130 ency, subject to revision and correction by the Secretary of the 34140 Interior, 34141 Article 6, Should the proceeds of the surplus lands afore- 34142 said prove insufficient to carry out the purposes and stipula- 34143 tions of this agreement, and further aid be, from time to time, 34144 requisite to enable the Sacs and Foxes of the Mississippi to sustain 34145 themselves successfully in agricultural or other industrial pur- 34146 suits, such additional means as may be necessary therefor shall be 34147 taken from the moneys due and belonging to them under the 34148 provisions of former treaties; and so much of said moneys as 34149 may be required to furnish them farther aid, as aforesaid, shall 34150 be applied in such manner, under the direction of the Secretary 34151 of the Interior, as he shall consider best calculated to improve 34152 and promote their welfare. And, in order to render unnecessary 34153 any further treaty engagements or arrangements hereafter with 34154 the United States, it is hereby agreed and stipulated that the 34155 President, with the assent of Congress, shall have full power to 766 34156 modify or change any of the provisions of former treaties with 34157 the Sacs and Foxes of the Mississippi in such manner and to 34158 whatever extent he may judge to be necessary and expedient 34159 for their welfare and best interest. 34160 Article?. The Sacs and Foxes of the Mississippi, parties to 34161 this agreement, are anxious that all the members of their tribe 34162 shall participate in the advantages herein provided for respecting 34163 their improvement and civilization, and to that end to induce all 34164 that are now separated to rejoin and reunite with them. It is 34165 therefore agreed that, as soon as practicable, the Commissioner 34166 of Indian Affairs shall cause the necessary proceedings to be 34167 adopted to have them notified of this agreement and its advan- 34168 tages, and to induce them to come in and unite with their breth- 34169 ren; and to enable them to do so, and to sustain themselves for 34170 a reasonable time thereafter, such assistance shall be provided 34171 for them at the expense of the tribe as may be actually necessary 34172 for that purpose: Provided, Jiowever, That those who do not 34173 rejoin and permanently re-unite themselves with the tribe within 34174 one year from the date of the ratification of this treaty shall 34175 not be entitled to the benefit of any of its stipulations. 34176 Aeticle 8. All the expenses connected with and incident 34177 to the making of this agreement, and the carrying out of its 34178 provisions, shall be defrayed out of the funds of the Sacs and 34179 Foxes of the Mississippi. 34180 Article 9. It is agreed that all roads and highways laid 34181 out by authority of law shall have right of way through the 34182 lands within the reservation hereinbefore specified, on the same 34183 terras as are provided by law when roads and highways are made 34184 through lands of citizens of the United States ; and railroad 34185 companies, when the lines pass through the lands of said Indians, 34186 shall have right of way on the payment of a just compensation 34187 therefor in money. 34188 Article 10. The Sacs and Foxes of the Mississippi being 34189 anxious to make some suitable provision for their mixed and 34190 half bloods, and such of their women (whole-bloods) who have 34191 intermarried with white men, it is agreed that there shall be as- 34192 signed to the mixed and half bloods of their tribe, and to such 34193 whole-blood females as have intermarried with white men, at the 34194 date of this agreement, three hundred and twenty acres each; 34195 the location and allotments of said lands to be made out of that 34196 portion relinquished by this treaty to the United States in trust, 34197 provided the mixed or half bloods, and such females of their 34198 tribes as have intermarried with white men, desire to do so. 34199 The allotments to such of the mixed or half bloods as may be 34200 minors to be made by the agent of the tribe, subject to the con- 34201 firmation and approval of the Secretary of the Interior ; and 767 34202 in allotting lands to those provided for in this article, said allot- 34203 ments shall be made so as to include their improvements, (if any,) 34204 provided it can be done, and at the same time make said allot- 34205 ments conform to the i)ublic surveys. And it is further agreed 34206 between the parties to this agreement that Thomas Connelly, a 34207 half-breed, and a member of the tribe, who has been uniformly 34208 kind to his people, shall be permitted to so locate his three huu- 34209 dred and twenty acres as to include Eandal's dwelling and trad- 34210 inghouse, if it can be done so as to harmonize with the public 34211 surveys ; and provided the said Connelly shall pay to the owner 34212 of said improvements a fair valuation therefor. The lands 34213 granted by this article shall remain inalienable except to the 34214 United States or members of the tribe, nor shall the mixed or 34215 half bloods, or such females as have intermarried with white 3421G men, participate in the proceeds of the lands herein ceded. 34217 Article 11. The United States also agree to cause to be 34218 paid to the tribe any funds that may have heretofore been with 34219 lield under the provisions of the fifth article of the treaty of one 34220 thousand eight hundred and forty-two, the same to be expended 34221 for their benefit, or paid in money, as the Secretary may direct. 34222 Aetiole 12. Tliis instrument shall be obligatory on the 34223 contracting parties whenever the same shall be ratified by the 34224 President and the Senate of the United States. 34225 Proclaimed July 9, 1860. 34226 Treaty between the United States of America and the tribe of Sac 34227 and Fox Indians of the Mississsppi, concluded February 18> 34228 1867 ; ratification advised, icith amendments, July 25, 1868 ; 34229 amendments accepted September 2, 1868 ; proclaimed October 34230 14, 1868. 34231 Andrevp" Johnson, President of the United States of America, 34232 to all and singular to whom these presents shall come, 34233 greeting : 34234 Whereas a treaty was made and concluded at the city of 34235 Washington, in the District of Columbia, on the eighteenth day 34236 of February, in the year of our Lord one thousand eight hun- 34237 dred and sixty-seven, by and between Lewis V. Bogy, William 34238 H. Watson, Thomas Murphy, and Henry W. Martin, commis- 34239 sioners, on the part of the United States, and Keokulc, Chekus- 34240 kuk, Uc-quaw-no-ko, Mut-tut-tah, and Man-ah-to-wah, chiefs of 34241 the tribe of Sac and Fox Indians of the Mississippi, on the part 34242 of said Indians, and duly authorized thereto by them, which 34243 treaty is in the words and figures following, to -wit : 34244 Articles of agreement made and concluded this eighteenth day 768 34246 of February, one thousand eight hundred and sixty-seven, 34246 between the United States, represented by Lewis V. Bogy, 34247 Commissioner of Indian Affairs, William H. Watson, 34248 special commissioner, Thomas Murphy, superintendent of 34249 Indian affairs for Kansas, and Henry W. Martin, United 34250 States Indian agent, duly authorized, and the tribes of Sacs 34251 and Foxes of the Mississippi, represented by Keokuk, Che- 34252 kus-kuk, Uc-quaw-ho-ko, Mut-tut-tah, and Man-ahto-wab, 34253 chiefs of said tribes. 34254 Article 1. The Sacs and Foses of the Mississippi cede to 34255 the Government of the United States all the lands, with the im- 34256 provements thereon, contained in their unsold portion of their 34257 diminished reserve, defined in the first article of their treaty 34258 ratified July ninth, one thousand eight hundred and sixty, (the 34259 said tract containing about eighty-six thousand and four hun- 34260 dred acres, and being more particularly described by the survey 34261 and plats on file in the Department of the Interior,) except as 34262 reserved in previous treaties, or in this treaty. 34263 Article 2. The said Indians also cede to the United States 342€4 a full and complete title to the lands, with the improvements 34265 thereon, now remaining unsold in that portion of their old reser- 34266 vation provided by article four of the treaty of July ninth, one 34267 thousand eight hundred and sixty, to be sold by the Govern- 34268 ment for their benefit, the cession herein made being subject to -34269 the exceptions defined in this treaty. 34270 Article 3. The United States agree to pay to the Sac and 34271 Fox Indians, parties to this treaty, at the rate of one dollar an 34272 acre for the whole of the land ceded iu the two preceding sec- 34273 tious, being about one hundred and fifty-seven thousand acres 34274 of land, less the amount of land set apart for individuals ; and 34275 further agree to pay the outstanding indebtedness of the said 34276 tribe, now represented by scrip issued under the provisions of 34277 previous treaties, and amounting on the first of Ifovember, 34278 eighteen hundred and sixty-five, to twenty-six thousand five 34279 hundred and seventy-four dollars, besides the interest thereon, ■ 34280 out of the proceeds of the sale of lands ceded in this treaty, and 34281 the amount herein provided to be paid to said Indians, after de- 34282 ducting such sums as, under the provisions of this treaty, are .34283 to be expended for their removal, subsistence, and establishing 34284 them in their ncNV country, shall be added to their invested 34285 funds, and' five per cent, interest paid thereon in the same 34286 manner as the interest of their present funds is now paid. 34287 ARTICLE 4. At any time after the ratification of this treaty 34288 the lands ceded in the first article shall be held and considered 34289 at the disposal of the United States, except that until the time 34290 for the removal of the Indians is fixed by public notice, under 769 34291 the provisions of this treaty, no interference shall be made 's^^itii 34292 the rights of the Indians as the occupants of the lands/but they 34293 shall remain in all respects without molestation in the same 34294 manner as if this treaty had not been made : And provided further, 34295 That inasmuch as there are valuable improvements upon said 34296 reservation, such improvements shall be appraised under the 34297 direction of the Secretary of the Interior, and the appraised 34298 value of the same shall be paid to the United States, before title 34299 is given to any individual or corporation for the lands upon 34300 -which such improvements are situated. 34301 Article 5. The lands ceded in the second article of this 34302 treaty, being the unsold remainder of the lands provided in the 34303 fourth article of the treaty of July ninth, one thousand eight 34304 hundred and sixty, to be sold in trust for said Indians, shall, 34305 immediately upon the ratification of this treaty, become the 34306 property of the United States, and shall be open to entry and 34307 settlement, and the lands in the second article ceded, as well as 34308 those ceded in the first article, shall be subject to all the laws . 34309 and regulations of the General Land-Oflice the same as other 34310 public lands, except as relates to the provisions in the next pre- 34311 ceding article relating to the time when they shall be open for 34312 settlement, and the requirement of payment for the improve- 34313 ments; and should there be any improvements upon the land 34314 ceded inthe second article, they shall be appraised, and payment 34315 shall be required therefor : " Provided, That such lands shall be 34316 subject to sale, in tracts of not exceeding one hundred and sixty 34317 acres to any one person, and at a price not less than one dollar 34318 and fifty cents per acre." 34319 Article 6. The United States agree, in consideration of 34320 the improvements upon the said reservation, to give to the Sacs 34321 and Poxes for their future home a tract of land in the Indian 34322 country south of Kansas, and south of the Cherokee lands, not 34323 exceeding seven hundred and fifty square miles in extent. The 34324 selection of such new reservation shall be made under the direc- 34325 tion of the Secretary of the Interior, and with his approval, by 34326 commissioners appointed by the said Secretary, who shall visit 34327 the Indian country, with delegations from all the tribes propos- 34328 ing to remove thereto, as soon as practicable after the ratiflca- 34329 tion of this treaty ; and said reservation shall be surveyed as to 34330 its exterior lines, at the cost of the United States, under the 34331 direction of the Commissioner of Indian Affairs, not to exceed 34332 three thousand dollars: Provided, That if it shall be found 34333 impracticable to select a suitable home for the tribe except by 34334 purchase from the Cherokees, the United States will pay toward 34335 the said purchase the same amount that would have been paya- 97 I T 770 34336 ble to the Creeks if the reservation had been selected upon the 34337 former Creek lands ; and in that case the balance of the money 34338 payable to the Cherokees shall be deducted from the amount due 34339 the Sacs and Foxes under this treaty. 34340 Akticle 7. As soon as practicable after the selection of the 34341 new reservation herein provided for, there shall be erected 34342 thereon, at the cost of the United States, a dwelling-house for 34343 the agent of the tribe, a house and shop for a blacksmith, and 34344 dwelling-house for a physician, the aggregate cost of which shall 34345 not exceed ten thousand dollars ; and also, at the expense of the 34346 tribe, five dwelling-houses for the chiefs, to cost in all not more 34347 than five thousand dollars. 34348 As soon as practicable after such selection of a reservation 34349 as it may, in the discretion of the Secretary of the Interior, be 34350 deemed advisable for the Indians to remove thereto, regard being 34351 had to the proper season of the year for such removal, notice 34352 shall be given to their agent directing such removal; and when- 34353 ever such time shall be fixed, public notice thereof shall be given 34354 in three leading newspapers of Kansas, and thereafter the land 34355 ceded to the United States by the first article of this treaty 34356 shall be open to entry and settlement under the provisions of 34357 the fourth article. 34358 . Article 8. No part of the invested funds of the tribe, or 34359 of any moneys which may be due to them under the provisions 34360 of previous treaties, nor of any moneys provided to be paid to 34361 them by this treaty, shall be used in payment of any claims 34362 against the tribe accruing previous to the ratification of this 34363 treaty unless herein expressly provided for. 34364 Article 9. In order to promote the civilization of the tribe, 34365 one section of land, convenient to the residence of the agent, 34366 shall be selected by said agent, with the approval of the Com- 34367 missioner of Indian Affairs, and set apart for a manual-labor 34368 school ; and their shall also be set apart, from the money to be 34369 paid to the tribe under this treaty, the sum of ten thousand dol- 34370 lars for the erection of the necessary school-buildings and dwell- 34371 ing for teacher, ^and the annual amount of five thousand dollars 34372 shall be set apart from the income of their funds after the erection 34373 of such school-buUdings, for the support of the school : and after 34374 the settlement of the tribe upon their new reservation, the sum 34375 of five thousand dollars of the income of their funds may be annu- 34376 ally used, under the direction of the chiefs, in the support of 34377 their national government, out of which last-mentioned amount 34378 the sum of five hundred dollars shall be annually paid to each 34379 of the chiefs. 34380 Article 10. The United States agree to pay annually, for 771 34381 five years after the removal of the tribe, the sum of fifteen hun- 34382 dred dollars for the support of a physician and purchase of med- 34383 iciaes, and also the sum of three hundred and fifty dollars annu- 34384 ally for the same time, in order that the tribe may provide itself 34385 with tobacco and salt. 34386 Akticle 11. ^In consideration of certain improvements made 34387 by John Goodell upon the lands of the nation within their 34388 present reservation, and of his services as their interpreter, he 34389 shall be allowed to select therefrom a half section of land ; and 34390 it is further provided that of said land, Sarah A. Whistler and 34391 Pash-e-ca-cah, or Amelia Mitchell, shall each be allowed to select 34392 a half section of land, the latter selection to include the house 34393 in which she lives ; and Julia A. Goodell one quarter section, 34394 besides the land, not exceeding eight acres, upon which her 34395 house and improvements are situated ; and Mary A. Means one 34396 quarter section, to inolnd[e] the improvements occupied by her; 34397 and there shall also be allowed to Antoine Gokey and William 34398 Avery, each otie hundred and sixty acres; to Leo Whistler and 34399 Gertrude Whistler, each three hundred and twenty acres ; and to 34400 James Thorpe, Virginia Thorpe, and Cassandra Thorpe, Thomas 34401 J. Miles, Hattie Miles, Ema-Ke-O-Kuck, Hannie-Ke-O-Kuck, Mo- 34402 Co-P-quah, each eighty acres; Man-a-tah, Pah-me-che-kaw-paw, 34403 Henry Jones, Wilson McKinney, and Carrie C. Capper, each one 34404 hundred and sixty acres, to be selected from unimproved lands : 34403 Provided, That the parties herein named shall pay to the Secre- 34406 tary of the Interior, within three months after the ratification 34407 of this treaty, the sum of one dollar per acre for said lands, the 34408 avails of which shall be used for the benefit of the Sacs and 34409 Foxes in the same manner as the other funds arising from the sales 34410 of their lands : Provided also, That George Powers, the present 34411 Government interpreter, for valuable services rendered and uni- 34412 form kindness toward the nation, shall have patented to him, 34413 in fee-simple, three hundred and twenty acres of land, to be 34414 located by the agent : Provided also, That they may select from 34415 ■ land upon which improvements exist, by paying the appraised 34416 valae of such improvements ; but no selection shall include the 34417 agency, mission, or mill buildings ; and upon the approval by 34418 the Secretary of the Interior of such selections, and on payment 34419 therefor, as hereinbefore provided, patents in fee-simple shall 34420 be issued to the respective parties, their heirs or assigns. 34421 Article 12. In consideration of the faithful services of 34422 Samuel Black in protecting their houses and timber from tres- 34423 pass and depredation, there shall be patented to him in fee-sim- 34424 pie the tract of land upon which he lives, being the west half 34425 of the northwest quarter- section four, town[ship] seventeen, 34426 range sixteen. 772 34427 Article 13. Licensed traders, having erected valuable build- 34428 ing at the agency, it is agreed that John K. Eankin may have 34429 a patent for the land, not exceeding eight acres, upon which 34430 such improvements are built, and not to include any other im- 34431 provements, on the payment of two dollars and fifty cents per 34432 acre. 34433 Article 14. The Sacs and Foxes, parties to this treaty, 34434 agree that the Sacs and Foxes of Missouri,'if they shall so elect, 34435 with the approval of the Secretary of the Interior, may unite 34436 with them and become a part of their people, upon their con- 34437 tributing to the common fund such a portion of their funds as 34438 willplace them on an equal footing in regard to annuities. 34439 Article 15. The claims of the Sacs and Foxes against the 34440 United States for stealing of stock, which have heretofore been 34441 adjusted, amounting to sixteen thousand four hundred dollars, 34442 shall be paid by the United States, and the amount disbursed 34443 and expended for the benefit of the tribe in such objects for their 34444 improvement and comfort upon the new reservation as the chiefs 34445 through their agent shall desire ; and whereas the Indians claim 34446 that one full payment due under previous treaty has never been 34447 made to them, it is agreed that a careful examination of the 34448 books of the Commissioner of Indian Affairs shall be made, and 34449 if any sum is found to be still due and unpaid, the same shall be 34450 paid to them per capita in the same manner as their annuities 34451 are paid. 34452 Article 16. The United States will advance to the said 34453 tribe of Indians the sum of twenty thousand dollars, or so much 34454 thereof as may be necessary, to pay the expenses of their subsis- 34455 tence for the first year after their arrival at their new home in 34456 the Indian country, and to pay the necessary expenses of re- ■ 34457 moval and furnish necessary rations for the journey during such 34458 removal; said removal to be made under direction of the super- 34459 iutendent or agent, to be designated by the Secretary of the 34460 Interior; the moneys thus' expended to be deducted from the 34461 whole amount provided to be paid for their lands herein ceded. 34462 Article 17. It is hereby provided that the half-breeds and 34463 full-bloods of the tribe, who were entitled to selections of land 34464 under the Sac and Fox treaty, ratified July ninth, one thousand 34465 eight hundred and sixty, and which selections have been ap- 34466 proved by the Secretary of the Interior, shall be entitled to patents 34467 in fee-simple for the lands heretofore selected, according to the 34468 schedule annexed to this treaty: Frovided, That where such 34469 selections have been made and the allottees have sold their 34470 lands for a valuable consideration, not less than one dollar and 34471 twenty-five cents per acre, the Secretary of the Interior shall, 773 34472 upon full proof being made, cause patents to issue to the pur- 34473 chasers or their assigns. 34474 Article 18. All sales hereafter made by or on behalf of 34475 persons to whom lands are assigned in this treaty shall receive 34476 the approval of the Secretary of the Interior before taking effect 34477 in conveying title to lands so sold. 34478 Article 19. The United States agree to pay the expenses 34479 of negotiating this treaty, not to exceed the sum of fifteen hun- 34480 dred dollars. 34481 Article 20. The chiefs and head-men of the Sacs and Foxes 34482 having permitted their employees to cultivate farms, which, 34483 together with the farms of Ke-o-kuck and other chiefs, are em- 34484 braced within an area two miles by four, and the said Sacs and 34485 Poxes believing that the lands comprising the said area having 34486 been made valuable by reason of said occupancy, and in order 34487 that they may receive a fair compensation for said area of land, 34488 bounded and described as follows, except as heretofore specially 34489 excepted, and the mill and mission building, to wit : commencing 34490 at the northwest comer of section thirty-three, township 34491 sixteen, range seventeen, thence east two and a quarter (2J) 34492 miles to the reservation line; thence south along said liue 34493 four miles ; thence west two and a fourth (2|) miles to the 34494 southwest corner of section sixteen, township seventeen, range 34495 seventeen ; thence north along the section line to the place of 34496 beginning, are hereby withdrawn from sale, as is provided for 34497 the sale of their lands in this treaty, and the said area of land, 34498 as above described, shall be sold by the chiefs and agent for the 34499 tribe at the best price obtainable; and they are hereby empow- 34500 ered to make warrantee deeds for the same, subject to the ap- 34501 proval of the Secretary of the Interior, at not less than two 34502 dollars per acre in addition to the appraised value of the im- 34503 provements. The avails of said lands shall be expended by the 34504 agent, under the direction of the chiefs, for the benefit of the 34505 nation. 34506 Article ii. The Sacs and Foxes of the Mississippi, parties 34507 to this agreement, being anxious that all the members of their 34508 tribe shall participate in the advantages to be derived from the 34509 investment of their national funds, sales of lands, and so forth, 34510 it is therefore agreed that, as soon as practicable, the Commis- 34511 sioner of Indian Affairs shall cause the necessary proceedings to 34512 be adopted, to have such members of the tribe as may be absent 34513 notified of this agreement and its advantages, and to induce 34514 them to come in and permanently unite with their brethren, and 34515 that no part of the funds arising from or due the nation under 34516 this or previous treaty stipulations shall be paid to any bauds or 34517 parts of bands who do not permanently reside on the reserva- 774 34518 tion set apart to them by the Government in the Indian Terri- 34519 tory, as provided in this treaty, except those residing in the 34520 State of Iowa ; and it is further agreed, that all money, accruing 31521 from this or former tribes, [treaties,] now due or to become due 34522 said nation, shall be paid them on their reservation in Kansas ; 34523 and after their removal, as provided in this treaty, payments shall 34524 be made at their agency on their lands as then located. 34525 List of Sac and Fox lands selected for individuals referred to in 34526 Article XVII of the above treaty, selected hy Perry Fuller, 34527 agent. 34528 Names of persons. Description of land. Sec[tion.] Town[ahip.] Range, 34529 Alvira Connolly S. J NW. | 5 17 18 34530 Alvira Connolly SW. J 5 17 18 34531 Alvira Connolly N. ^ NW. i .. .. 8 17 18 34532 Alexander Connolly E. ^ 4 17 18 34533 Cordelia Connolly E. | 35 16 17 34534 Isaac Goodell W.J 3 17 18 34535 Kish-Kah-Iwah S. J 16 17 18 34536 Mary I. Thorp E.J 12 17 17 34537 Hiram P. Thorp E. J 1 17 17 34538 Francis A. Thorp W.J 6 17 18 34539 Amelia McPherson W. J 1 17 17 34540 Sarah A. Whistler SW^J 34 16 18 34541 Sarah A. Whistler SW. |SW. J... 35 16 18 34542 Sarah A. Whistler W.JNW. J 2 17 18 34543 Sarah A. Whistler NW. I SW. J. . 2 17 18 34544 Julia A. Goodell IST. J 21 17 18 34545 Susan J. Goodell E.J 3 17 18 34546 John Goodell, jr E.J 17 17 18 34547 Jane Goodell NB. ^ 10 17 18 34548 Jane Goodell NW. JNW. :i.. 10 17 18 34649 Jane Goodell E, J NW. I 10 17 18 34550 Jane Goodell.. NW. J EW. J.. 11 17 18 34551 Mary A. Byiugton E. JNE. J 9 17 18 34552 Mary A. Byington E.J SB. J 9 17 18 34553 Mary A. Byington W. J SW. J 10 17 18 34554 Mary A. Byington S W. J N W. J . . 10 17 18 34555 Mary A. Byington NE. JNE.J 16 17 18 34556 Margaret Miles W. J 4 17 ig 34557 Thomas J. Connolly S W. J SB. J 9 17 18 34558 Thomas J. Connolly SB. ^NB. J.. .. 16 17 18 34559 Thomas J. Connolly W. J NE. J 16 17 18 34560 Thomas J. Connolly NW J 16 17 18 34561 Charles T. Connolly E. JNW.J 9 17 18 775 34562 Namea of persons. Deacription o( land. Sec[tion.] Towii[phip.] Ran^e. 34563 Charles T. Connolly W. JNE. i.... 9 17 18 34564 Charles T. Connolly NW. J SE. ^ . . . . 9 17 18 34565 Charles T. Connolly SE-iSW-J.... 9 17 18 34566 Charles T. Connolly S. J SW, J 9 17 18 34567 The following were selected by G. C. Hutchinson : 34568 Names of persons. Description. See[tion.] Town[ahip.] Range. 34569 Kaw-Kol-wenah E. ^ 2 17 17 34570 GeorgePowers KE.J 8 17 18 34571 GeorgePowers S.JNW.J 8 17 18 34572 GeorgePowers K^SW.J 8 17 18 34573 Joseph Gokey W. J SB. J 21 17 18 34574 Joseph Gokey K JNW. 4.... 28 17 18 34575 Joseph Gokey ... , SW.JNW. J... 28 17 18 34576 Joseph Gokey NW". JNB. J^- -- 28 17 18 34577 Joseph Gokey W. J SE. J 29 17 18 3457S Met-tach-ah-pack-o tah . . . . E. ^ 7 17 18 34579 Mack-oh-tach-o-qnit W.J 7 17 18 34580 Proclaimed October 14, 1868. 34581 SACS AND FOXES OP MISSOURI. 34582 Articles of a treaty made at the city of Washington between Carey 34583 A. Harris, thereto specially authorised by the President of the 34584 United States, and the Sacs and Foxes of Missouri, by their 34585 chiefs and delegates. 34586 Article 1. The Missouri Sac and Fox Indians make the 34587 following cessions to the United States : 34588 First. Of all right or interest in the country between the 34589 Missouri and Mississippi Elvers and the boundary -line between 34590 the Sac and Fox and the Sioux Indians, described in the second 34591 article of the treaty made with these and other tribes on the 19th 34592 of August, 1825, to the full extent to which said claim was rec- 34593 ognized in the third article of said treaty ; and of all interest 34594 or claim by virtue of the provisions of any treaties since made 34595 by the United States with the Sacs and Foxes. 34596 Second. Of all the right to locate, for hunting or other pur- 34597 poses, on the land ceded in the first article of the treaty of July 34598 15th, 1830, which, by the authority therein conferred on the 34599 President of the United States, they may be permitted by him 34600 to enjoy. 34601 Third. Of aU claims or interest under the treaties of Kovem- 116 34602 ber 3d, 1804; August 4th, 1824; July 15th, 1830, and Septedi- 34603 ber 17th, 1836, for the satisfaction of which no appropriations 34604 have been made. 34605 Article 2. In consideration of the cession contained in the 34606 preceding article, the United States agree to the following stip- 34607 ulations on their part : 34608 First. To pay to the said Sacs and Foxes of the Missouri, 34609 the sum of one hundred and sixty thousand dollars, ($160,000.) 34610 It is understood and agreed that, of the said sum of one 34611 hundred and sixty thousand dollars, ($160,000,) there shall be 34612 expended in the purchase of merchandise, to be delivered when- 34613 ever in the judgment of the President it may be best for them, 34614 twenty-five hundred dollars, ($2,500;) and there shall bo paid 34615 to Jacques Mettez, their interpreter, for services rendered, and 34616 at their request, one hundred dollars, ($100.) 34617 Second. To invest the balance of said sum, amounting to 34618 one hundred and flfty-seven thousand four hundred dollars, 34619 ($157,400,) and to guaranty them an annual income of not less 34620 than five per cent, thereon. 34621 Third. To apply the interest herein guaranteed in the follow- 34622 ing manner: 34623 For the support of a blacksmith's establishment, one thou- 34624 sand ($1,000) dollars per annum. 34625 For the support of a farmer, the supply of agricultural im- 34626 plements, and assistance, and other beneficial objects, sixteen 34627 hundred dollars ($1,600) per annum. 34628 For the support of a teacher and the incidental expenses of 34629 a school, seven hundred and seventy dollars ($770) per annum. 34630 The balance of the interest, amounting to forty-five hun- 34631 dred dollars, ($4,500,) shall be delivered, at the cost of the United 34632 States, to said Sac and Fox Indians, in money or merchandise, 34633 at the discretion of the President, and at such time and place as 34634 he may direct. 34635 Article 3. The expenses of this negotiation, and of the 34636 chiefs and delegates signing this treaty to this city and to their 34637 homes, to be paid by the United States. 34638 Article 4. This treaty to be binding upon the contracting 34639 parties when the same shall be ratified by the United States. 34640 Proclaimed February 21, 1838. 777 34641 SACS AND FOXES OP THE MISSOURI AND lOWAS. 3464'J By the President of the United States of America. 34643 A PROCLAMATION. 34644 To all and singular to whom these presents shall come, greeting : 34645 Whereas a treaty was made and concluded at the Great 34646 Neinaha agency, in the Territory of Nebraska, on the sixth day 34647 of March, in the year of our Lord one thousand eight hundred 34648 and sixty-one, by and between Daniel Yanderslice, United 34649 States Indian agent, on the part of the United States, and Pe- 34650 te-ok-a-ma, Ne-sour-quoit, Mo-less, and Se-se-ah-kee, chiefs and 34651 delegates of the Indians known as the Sacs and Poxes of Mis- 34652 souri, duly authorized thereto by said Indians, and No heart, 34653 Nag-ga-rash, Mah-hee, To-hee, Tah-ra-kee, Thur-o-mony, and 34654 White Horse, chiefs and delegates of the Indians known as the 34655 Iowa tribe, duly authorized thereto by said Indians, in the 34656 words and figures following, to wit : 34657 Articles of agreement and convention made and concluded at 34638 the office of the Great Nemaha agency, Nebraska Terri- 34659 tory, on the sixth day of March, A. D. one thousand eight 34660 hundred and sixty-one, by and between Daniel Vanderslice, 34661 U. S. Indian agent, on the part of the United States, and 34662 the following-named delegates of the Sacs and Poxes of Mis- 34663 souri, viz : Pe-ta-ok-a-ma, Ne-sour-quoit, Mo-less, and Se- 34664 se-ah-kee; and the following-named delegates of the Iowa .34665 tribe, viz : No-heart, Nag-ga-rash, Mab-hee, To-hee, Tali-ra- 34666 kee, Thur-cmony, and White Horse; they being duly au- 34667 thorized thereto by their respective tribes. 34668 Article 1. The Sacs and Poxes of Missouri hereby cede, 34669 relinquish, and convey to the United States all their right, title, 34670 and interest in and to lands within their present reservation, 34671 described as follows, viz : beginning at the mouth of the south 34672 fork of the Great Nemaha Elver, and thence up the southwest 34673 bank of the Great Nemaha, with its meanders, to the mouth of 34674 the west fork ; thence up the west fork, with its meanders, to 34675 the line of the 40° of parallel on the west bank of creek or fork 34676 where is established the southwest corner of the Sac and Pox 34677 reserve, by erecting a stone monument, from which the follow- 34678 ing references bear, viz : A large Cottonwood tree three feet in 34679 diameter, bears S. 44° 00' E. l.Oo chains ; a rock bears N. 34680 30° 00' W. 50 links ; another rock bears N. 50° 00' west 50 34681 links ; and another rock bears due north one chain ; thence 34682 east along the line of the 40° of parallel to the west bank of the 98 I T 778 34683 south fork of the Great Nemaha River, distance fourteen miles 34684 twenty-seven chains and sixty links, where is established the 34685 southeast corner of the Sac and Fox reserve, by erecting a stone 34686 pile with a black walnut post id the centre of it, from which a 34687 white elm, two feet in diameter, bears S. 33° 00' B. 22 links, and 34688 marked with the letters S. E. Cor. for the southeast corner, and 34689 another elm, 18 inch[e]s in diameter, bears S. 39° 00' B. 1.05 34690 chains, and marked SB C B. SB., for the southeast corner, bear- 34691 ing, and distance ; and another black walnut, 9 inch[e]s in di- 34692 ameter, bears S. 15o 00' B. 85 links, and thence down the south 34693 fork, with its meanders, to the point of beginning, estimated to 34694 contain 32,098 acres 3 roods and 35 perches. 34695 Aeticlb 2. The aforesaid lands shall be surveyed in con- 34696 formity with the system governing the survey of the public 34697 lands ; and the same shall be sold, under the direction of the 34698 Secretary of the Interior, in parcels not exceeding one hundred 34699 and sixty acres each, to the highest bidder, for cash ; the sale 34700 to be made upon sealed proposals, to be duly invited by public 34701 advertisement : Provided, No bid shall be favorably considered 34702 which may be less than one dollar and twenty-five cents per 34703 acre. And should any of the tracts so to be sold have upon 34704 them improvements of any kind which were made by or for the 34705 Indians, or for Crovernment purposes, the proposals therefor 34706 must state the price for both the land and improvements. The 34707 proceeds of the sales thereof, after deducting therefrom the ex- 34708 penses of surveying the lands and all other expenses incident to 34709 the negotiation of these articles of convention and the proper 34710 execution thereof, the balance shall be applied as follows, viz : 34711 One half shall be held in trust by the United States for the 34712 benefit of the Sacs and Foxes of Missouri, and interest thereon, 34713 at the rate of five per centum per annum, shall be paid an- 34714 nually, with the other funds to be paid said tribe, in the same 34715 manner as stipulated in the treaty of May 18th, 1854; and the 34716 other half of said balance shall be applied as hereinafter speci- 34717 fled. 34718 Article 3. The Iowa tribe of Indians, parties to this 34719 agreement, hereby cede, relinquish, and convey to the United 34720 States, for the use and benefit of the Sacs and Foxes of Mis- 34721 souri, for their permanent home, all that part of their present 34722 reservation lying and being west of Nohearts Creek, and 34723 bounded as follows, viz : Beginning at a point where the south- 34724 ern line of the present Iowa reserve crosses Nohearts Creek; 34725 thence with said line to the south fork of the Nemaha, (com- 34726 monly known as Walnut Creek ;) thence down the middle of 34727 said south fork, with the meanders thereof, to its mouth, and to 34728 a point in the middle of the Great Nemaha Eiver ; thence down 779 34729 the middle of said river to a point opposite the mouth of IsTo- 34730 hearts Creek ; and thence, in a southerly direction with the 34731 middle of said I^ohearts Creek, to the place of beginning. And 34732 it is hereby understood and agreed that, in full consideration for 34733 said cession, the United States shall hold in trust, for the use 34734 and benefit of the lowas, the one-half of the net proceeds of 34735 the sales of the lands described in the second article of this 34736 agreement, and interest thereon, at the rate of five per centum 34737 per annum, shall be paid to the Iowa tribe in the same manner 34738 as their annuities are paid under the treaty of May 17, 1854. 34739 The reservation herein described shall be surveyed and set apart 34740 for the. exclusive use and benefit of the Sacs and Foxes of Mis- 34741 souri, and the remainder of the Iowa lands shall be the tribal 34742 reserve of said Iowa Indians, for their exclusive use and bene- 34743 fit. 34744 Article 4. The Sacs and Foxes of Missouri being anxious 34745 to make full satisfaction for a just claim which Joseph Tesson 34746 holds against said tribe, it is hereby agreed by the parties to 34747 this convention that said claimant shall select a quarter section 34748 or one hundred and sixty acres of land, to include his present 34749 residence and improvements, to be located in one body, in con- 34750 formity with the legal subdivisions of the public surveys, which 34 '51 tract of land shall be received by him in full payment of said 34752 claim, estimated at about eight hundred dollars, and all other 34753 claims or rights of evety character whatsoever against said 34754 tribe; and when a relinquishment shall have been executed by 34755 said claimant in favor of said tribe for all claims that he may 34756 have against them, a patent shall be issued to him for said tract 34757 of land in fee-simple. 34758 The following chiefs shall be entitled to select each a quar- 34759 ter section, or one hundred and sixty acres of land in one body, 34760 in conformity with the public surveys, to include their present 34761 residences and improvements, viz : Pe-te ok-a-ma, Ke-sour-quoit, 34762 and Mo-less; and George Gomess, a member of the Sac and 34763 Pox tribe, shall select in like manner one-eighth of a section or 34764 eighty acres of land in one body, to include his improvements, 34765 aud patents shall be issued therefor in favor of said persons in 34766 fee-simple. 34767 Article 5. In order to encourage education among the 34768 aforesaid tribes of Indians, it is hereby agreed that the United 34769 States shall expend the sum of one thousand dollars for the 34770 erection of a suitable school-house, and dwelling-house for the 34771 school teacher, for the. benefit of the Sacs and Poxes, and also 34772 tiie additional sum of two hundred dollars per annum for school 34773 purposes, so long as the President of the United States may 34774 deem advisable. And for the benefit of the Iowa tribe of 780 34775 Indians there shall be expended, in like manner, at the discre- 34776 tion of the President, the sum of three hundred dollars per 34777 annum for school purposes, which two last-mentioned sums 34778 shall be paid out of the funds to be appropriated for the civili- 34779 zation of Indians. 34780 Article 6. There shall be set apart in one body, under the 34781 direction of the Commissioner of Indian Affairs, one section, or 34782 six hundred and forty acres of land, in harmony with the public 34783 survey, so as to include the agency-dwelling, agency-ofSce, 34784 council-house, school-house^ teachers' dwelling, blacksmith's 34785 dwelling and shops, and such farming land as may be necessary 34786 for the use of the school, agency, and employees thereat. 34787 Article 7. No person not a member of either of the 34788 tribes, parties to this convention, shall go upon the reserva- 34789 tions or sojourn among the Indians without a license or written 34790 permit from the agent or superintendent of Indian affairs, 34791 except Government employees or persons connected with the 34792 public service. And no mixed-blood Indians, except those em- 34793 ployed at some mission, or such as may be sent there to be edn- 34794 cated, or other members of the aforesaid tribes, shall participate 34795 in the beneficial provisions of this agreement or former treaties, 34796 unless they return to and unite permanently with said tribes,. 34797 and reside upon the respective reservations within six months 34798 from the date of this convention. 34799 Article 8. It is hereby understood and agreed by the con- 34800 tracting parties hereto that the stipulations of the treaty with 34801 the Sacs and Foxes of Missouri of May 18th, 1854, (proclaimed 34802 July 17, 1854 ; see page 758,) and the treaty with the Iowa 34803 Indians of the 17th of May, 1854, (see page 403,) which may 34804 not be inconsistent with these articles of convention, shall have 34805 full force and effect upon the contracting parties hereto. 34806 Article 9. This instrument shall be obligatory upon the 34807 respective parties hereto, whenever the same shall be ratified by 34808 the President and the Senate of the United States. 34809 Article 10. The Secretary of the Interior may expend a 34810 sum not exceeding three thousand five hundred dollars, ($3,500,) 34811 out of the proceeds of the sales of said lands, at any time he 34812 may deem it advisable, for the purpose of erecting a toll-bridge 34813 across the Great Nemaha Elver at or near Eoy's Ferry, for the 34814 use of the Iowa Indians ; and a like sum of three thousand five 34815 hundred dollars, ($3,500,) out of the proceeds of the sales of 34816 said lands, for the purpose of erecting a toll-bridge across the 34817 Great Nemaha Elver, at or near Wolf Village, for the use of the 34818 Sacs and Foxes of Missouri. 34819 Toll shall be charged and collected for the use of said 34820 bridges at such rates and under such rules and regulations as 781 34821 may be established by the Commissioner of Indian Affairs, with 34822 the approval of the Secretary of the Interior, the proceeds of 34823 such tolls to be expended as follows : 1st, in making necessary 34824 repairs on said bridges ; 2d, for the use of said tribes, respect- 34825 tively. 34826 Aktiolb 11. It is further stipulated that, whenever Con- 34827 gress shall by law so provide, all annuities due and to become 34828 due and payable to the said tribes of Indians under this treaty, 34829 and under all other previous treaties, may be paid in specific ar- 34830 tides, clothing, agricultural implements, and such other articles 34831 as Congress shall direct. 34832 Proclaimed March 26, 1863. 34833 SACS AND FOXES, AND OTHERS. 34834 Articles of a treaty made and concluded by William Glarlc, super- 34835 intendent of Indian affairs, and Willoughby Morgan, col. 34836 of the United States 1st Begt. Infantry, commissioners on be- 34837 half of the United States, on the one part, and the undersigned 34838 deputations of the confederated tribes of the Sacs and Foxes, 34839 the Medawah-Kanton, WaJipacoota, Wahpeton, and Sissetong 34840 bands or tribes of Sioux, the Omahas, loways, Ottoes, and 34841 Missourias, on the other part. 34842 The said tribes being anxious to remove all causes which 34843 may hereafter create any unfriendly feeling between them, and 34844 being also anxious to provide other sources for supplying their 34845 wants besides those of hunting, which they are sensible must 34846 soon entirly fail them, agree with the United States on the fol- 34847 lowing articles : 34848 Article 1. The said tribes cede and relinquish to the United 34849 States forever all their right and title to the lands lying within 34850 the following boundaries, to wit : Beginning at the upper fork of 34851 the Demoine Elver, and passing the sources of the Little Sioux 34852 and Floyds Rivers to the fork of the first creek which falls into 34853 the Big Sioux or Calumet on the east side ; thence down said 34854 creek and Calumet River to the Missouri Riverj thence down 34855 said Missouri Eiver to the Missouri State-line above the Kansas ; 34856 thence along said line to the northwest corner of the said State ; 34857 thence to the high-lands between the waters falling into the Mis- 34858 souri and Desmoines, passing to said high-lands along the divid- 34859 ing-ridge between the forks of the Grand Eiver; thence along 34860 said high-lands or ridge separating the waters of the Missouri 34861 from those of the Demoine to a point opposite the source of 34862 Boyer Eiver ; and thence in a direct line to the upper fork of the 782 34863 Demoine, the place of beginning. But it is understood that the 34864 lands ceded and relinquished by this treaty are to be assigned 34865 and allotted, under the direction of the President of the United 34866 States, to the tribes now living thereon, or to such other tribes 34867 as the President may locate thereon, for hunting and other pur 34868 poses. 34869 Article 2. The confederated tribes of the Sacs and Foxes 34870 cede and relinquish to the United States forever a tract of 34871 country twenty miles in width, from the Mississippi to the De- 34872 moine, situate south and adjoining the line between the said 34873 confederated tribes of Sacs and Foxes and the Sioux, as estab- 34874 lished by the second article of the treaty of Prairie du Chien of 34875 the nineteenth of August, one thousand eight hundred and 34876 twenty-five. 34877 Akticle 3. The Medawah-Kanton, Wah-pa-coota, Wahpe- 34878 ton, and Sisseton bands of the Sioux cede and relinquish to the 34879 United States forever a tract of country twenty miles in width, 34880 from the Mississippi to the Demoine Eiver, situate north and 34881 adjoining the line mentioned in the preceding article. 34882 Article 4. In consideration of the cessions and relinquish- 34883 ments made in the first, second, and third articles of this treaty, 34884 the United States agree to pay to the Sacs three thousand dol- 34885 lars, and to the Foxes three thousand dollars ; to the Sioux of 34886 the Mississippi, two thousand dollars ; to the Yancton and Santie 34887 bands of Sioux, three thousand dollars ; to the Omahas, two thou- 34888 sand five hundred dollars; to the loways, two thousand five hun- 34889 dred dollars ; to the Ottoes and Missourias, two thousand five 34890 hundred dollars, and to the Sacs of the Missouri Eiver, five hun- 34891 dred dollars, to be paid annually for ten successive years, at 34892 such place or places on the Mississippi or Missouri as may be 34893 most convenient to said tribes, either in money, merchandize, or 34894 domestic animals, at their option ; and when said annuities, or 34895 any portion of them, shall be paid in merchandize, the same is 34896 to be delivered to them at the first cost of the goods at St. Louis, 34897 free of transportation. And the United States further agree to 34898 make to the said tribes and bands the following allowances for 34899 the period of ten years, and as long thereafter as the President 34900 of the United States may think necessary and proper, in addi- 34901 tion to the sums hereinbefore stipulated to be paid-them ; that 34902 is to say : To the bands of the Sioux mentioned in the third ar- 34903 tide, one blacksmith, at the expense of the United States, and 34904 the necessary tools, also instruments for agricultural purposes, 34905 and iron and steel to the amount of seven hundred dollars ; to 34906 the Yancton and Santie bands of Sioux, one blacksmith, at the 34907 expense of the United States, and the necessary tools, also in- 34908 struments for agricultural purposes to the amount of four hun- 783 34909 dred dollars ; to tbe Omahas, one blacksmith, at the expense of 34910 the United States, and the necessary tools, also instruments for 34911 agricultural purposes, to the amount of five hundred dollars ; 34912 to the loways, an assistant blacksmith, at the expense of the 34913 United States, also instruments for agricultural purposes to the 34914 amount of six hundred dollars ; to the Ottoes and Missourias, 34915 one blacksmith, at the expense of the United States, and the 34916 necessary tools, also instruments for agricultural purposes to 34917 the amount of five hundred dollars ; and to the Sacs of the Mis- 34918 souri River, one blacksmith, at the expense of the United States, 34919 and the necessary tools, also instruments for agricultural pur- 34920 poses to the amount of two hundred dollars. 34921 Article 5. And the United States further agree to set 34923 apart three thousand dollars annually for ten successive years, 34923 to be applied, in the discretion of the President of the United 34924 States, to the education of the children of said tribes and bands 34925 parties hereto. 34926 Article 0. The Yanckton and Santie bands of the Sioux 34927 not being fully represented, it is agreed that, if they shall sign 34928 this treaty, they shall be considered as parties thereto, and 34929 bound by all its stipulations. 34930 Article 7. It is agreed between the parties hereto that 34931 the lines shall be run and marked as soon as the President of 34932 the United States may deem it expedient. 34933 Article 8. The United States agree to distribute between 34934 the several tribes, parties hereto, five thousand one hundred 34935 and thirty-two dollars' worth of merchandize, the receipt whereof 34936 the said tribes hereby acknowledge, which, together with the 34937 amounts agreed to be paid, and the allowances in the fourth 34938 and fifth articles of this treaty, shall be considered as a full 34939 compensation for the cession and relinquishments herein made. 34940 Article 9. The Sioux bands in council having earnestly 34941 solicited that they might have permission to bestow upon the 34942 half-breeds of their nation the tract of land within the following 34943 limits, to wit : Beginning at a place called the Barn, below and 34944 near the village of the Eed Wing Chief, and running back fifteen 34945 miles ; thence in a parallel line with Lake Pepin and the Missis- 34946 sippi about thirty-two miles, to a point opposite Beef or 0-Boeuf 34947 Eiver; thence fifteen miles to the grand encampment opposite 34948 the river aforesaid. The United States agree to suffer said half- 34949 breeds to occupy said tract of country, they holding by the same 34950 title, and in the same manner that other Indian titles are held. 34951 Article 10. The Omahas, loways and Ottoes, for them- 34952 selves and in behalf of the Yanckton and Santie bands of Sioux, 34953 having earnestly requested that they might be permitted to 34954 make some provision for their half-breeds, and particularly that 34955 they might bestow upon them the tract of country within the 784 34956 following limits, to wit : Beginning at the mouth of the Little 34957 Ne-mohaw Eiver and running up the main channel of said river 34958 to a point which will be ten miles from its mouth in a direct 34959 line ; from thence in a direct line to strike the Grand Ne-mohaw 34960 ten miles above its mouth in a direct line, (the distance between 34961 the two Ne-mohaws being about twenty miles;) thence down 34962 said river to its mouth ; thence up, and with the meanders of 34963 the Missouri Eiver, to the point of beginning, it is agreed that 34964 the half-'breeds of said tribes and bands may be suffered to 34965 occupy said tract of land, holding it in the same manner and by 34966 the same title that other Indian titles are held ; but the Presi- 34967 dent of the United States may hereafter assign to any of the said 34968 half-breeds, to be held by him or them in fee-simple, any portion 34969 of said tract not exceeding a section of six hundred and forty 34970 acres to each individual. And this provision shall extend to 34971 the cession made by the Sioux in the preceding article. 34972 ■ Article 11. The reservation of land mentioned in the pre- 34973 ceding article having belonged to the Ottoes, and having been 34974 exclusively ceded by them, it is agreed that the Omahas, the 34975 loways, and the Tanckton and Santie bands of Sioux shall pay 34976 out of their annuities to the said Ottoe tribe, for the period of ten 34977 years, three hundred dollars annually, of which sum the Omahas 34978 shall pay one hundred dollars, the loways one hundred dollars, 34979 and the Yanckton and Santie bands one hundred dollars. 34980 Aeticlb 12. It is agreed that nothing contained in the 34981 foregoing articles shall be so construed as to affect any claim 34982 or right in common which has heretofore been held by any 34983 tribes, parties to this treaty, to any lands noi embraced in the 34984 cession herein made, but that the same shall be occupied and 34985 held by them as heretofore. 34986 Article 13. This treaty, or any part thereof, shall take 34987 effect and be obligatory upon the contracting parties so soon 34988 as the same shall be ratified by the President of the United 34989 States, by and with the advice and consent of the Senate thereof. 34990 Proclaimed February 24, 1831. 34991 SHAWNEES. 34992 Articles of a treaty concluded at the mouth of the Great Miami, on 34993 the northwestern lank of the Ohio, the thirty-first day of Jan- 34994 uary, one thousand seven hundred and eighty-six, hetween the 34995 commissioners plenipotentiary of the United States of America, 34996 of the one part, and the chiefs and warriors of the Shawanoe 34997 Nation, of the other part. 34998 Article 1. Three hostages shall be immediately delivered 34999 to the commissioners, to remain in the possession of the United 785 35000 States until all the prisoners, white and black, taken in the late 35001 war from among the citizens of the United States by the Shaw- 35002 anoe Nation, or by any other Indian or Indians residing in their 35003 towns, shall be restored. 35004 Article 2. The Shawanoe Nation do acknowledge the 35005 United States to be the sole and absolute sovereigns of all the 35006 territory ceded to them by a treaty of peace made between them 35007 and the King of Great Britain the fourteenth day of January, 35008 one thousand seven hundred and eighty-four. 35009 Article 3. If any Indian or Indians of the Shawanoe Na- 35010 tion or any other Indian or Indians residing in their towns, 35011 shall commit murder or robbery on, or do any injury to, the citi- 35012 zens of the United States, or any of them, that nation shall de- 35013 liver such offender or offenders to. the offlcer commanding the 35014 nearest post of the United States, to be punished according to 35015 the ordinances of Congress; and, in like manner, any citizen 35016 of the United States who shall do an injury to any Indian of 35017 the Shawanoe Nation, or to any other Indian or In Vi us re- 35018 siding in their towns and under their protection, shall .o rs.n- 35019 ished according to the laws of the United States. 35020 Article 4. The Shawanoe Nation, having knowledge of the 35021 intention of any nation or body of Indians to make war on the 35022 citizens of the United States, or of their counselling together for 35023 that purpose, and neglecting to give information thereof to the 35024 commanding officer of the nearest post of the United States, 35025 shall be considered as parties in such war, and be punished ac- 35026 cordingly ; and the United States shall in like manner inform the 35027 Shawanoes of any injury designed against them. 35028 Article 5. The United States do grant peace to the Shaw- 35029 anoe Nation, and do receive them into their friendship and pro- 35030 tection. 35031 Article 6. The United States do allot to the Shawanoe 35032 Nation lands within their territory to live and hunt upon, be- 35033 ginning at the south line of the lands allotted to the Wiandots 35034 and Delaware Nations, at the place where the main branch of 35035 the Great Miaipi, which falls into the Ohio, intersects said line ; ' 35036 then down the river Miami to the fork of that river next below 35037 the old fort which was taken by the French in one thousand 35038 seven hundred and fifty- two; thence due west to the river dela 35039 Pause; then down that river to the river Wabash, beyond 35040 which lines none of the citizens of the United States shall settle, 35041 nor disturb the Shawanoes in their settlement and possessions ; 35042 and the Shawanoes do relinquish to the United States all title, 35043 or pretence of title, they ever had to the lands east, west, and 35044 south, of the east, west, and south lines before described. 35045 Article 7. If any citizen or citizens of the United States 99 I T 786 35046 shall presume to settle upon the lauds allotted to the Shawanoes 35047 by this treaty, he or they shall be put out of the protection of 35048 the United States. 35049 Concluded January 31, 1786. 35050 SHAWNEES EBSIDDSTG WITHIN THE STATE OP MIS- 35051 SOUEI. 35052 Artieles of a convention made between William Clark, superin- 35053 tendent of Indian affairs, and the undersigned chiefs and head- 35054 men of the Shawonee Nation of Indiana, residing within the 35055 State of Missouri, duly authorized and empowered by said na- 35056 tion, at the city of St. Louis, on the seventh day of November, 35057 in the year of our Lord one thousand eight hundred and twen- 35058 ty-flve. 35059 Whereas the Shawnee Indians were in possession of a tract 35060 of land near Cape Geredeau, in the State of Missouri, settled 35061 under a permission from the Spanish government given to the 35062 said Shawnees and Delawares by the Baron De Carondelet, on 35063 the fourth day of January, one thousand seven'hundred and 35064 ninety-three, and recorded in the office of recorder of land-titles 35065 at St. Louis, containing about (25) twenty-five miles square, 35066 which said tract of land was abandoned by the Delawares, in 35067 the year 1815 ; and from which the said Shawnees, under an as- 35068 surance of receiving other lands in exchange, did remove, after 35069 having made valuable and lasting improvements on the same, 35070 which were taken possession of by the citizens of the United 35071 States ; and it being the desire of the United States fully toin- 35072 demnify said tribe for all losses and injuries sustained 'by them 35073 by reason of such removal, the following articles have been 35074 agreed upon between William Clark, superintendent of Indian 35075 affairs, specially authorized, on the one part, and the under- 35076 signed delegates of the Shawnee tribe residing within the State 35077 of Missouri, on the other part. 35078 Article 1. The Shawnee tribe do hereby cede and relin- 35079 quish to the United States all their claim, interest, and title to 35080 the lauds on which they settled near Cape Geredeau, under an 350811 authority of the Spanish government, as aforesaid, situate, lying, 35082 and being between the Eiver St. Come and Cape Geredeau, and 35083 bounded on the east by the Mississippi and westwardly by White 35084 Water. 35085 Article 2. It is further agreed by the contracting parties 35086 that, in consideration of the cession aforesaid, the United 787 35087 States do hereby agree to give to the Shawnee tribe of Indians 35088 within the State of Missouri, for themselves and for those of 35089 the same nation now residing in Ohio who may hereafter emi- 35090 grate to the west of the Mississippi, a tract of land equal to 35091 fifty (50) miles square, situated west of the State of Missouri 35092 and within the purchase lately made from the Osages by treaty 35093 bearing date the second day of June, one thousand eight hun- 35094 dred and twenty-five, and within the following boundaries: 35095 Commencing at a point (2) two miles northwest of the south- 35096 west corner of the State of Missouri ; from thence, north (25) 35097 twenty-five miles ; thence west (100) one hundred miles ; thence 35098 south (25) twenty-five miles ; thence east (100) one hundred miles 35099 to the place of beginning. But whereas the said Shawnee tribe 35100 had valuable and lasting improvements within the tract of land 35101 hereby ceded, and, moreover, will have to incur expenses in 35102 their removal, it is further stipulated that, for the purpose of 35103 rendering a fair equivalent for the losses and inconveniences 35104 which said tribe will sustain by removal, and to enable them to 35105 obtain supplies in their new settlements, the United States agree 35106 to pay to the tribe emigrating from the lands herein ceded the 35107 sum of fourteen thousand dollars, which amount shall be paid 35108 to said party of the second part as soon as practicable after 35109 the ratification of this treaty ; five thousand dollars of which 35110 amount shall be furnished in domestic animals, implements of 35111 husbandry, and provisions, as soon as the said tribe remove 35112 upon the lands assigned them. 35113 Article 3. It is further stipulated that a deputation of 35114 the said parties of the second part may be sent to explore 35115 the lands assighned to them in the preceding article; and if the 35116 same be not acceptable to them, upon an examination of the 35117 same, which shall be had and made known to the superintendent 35118 of Indian affairs at St. Louis on or before April next, who shall, 35119 in lieu thereof, assighn to them an equal quantity of land to be 35120 selected on the Kansas River, and laid off either south or north 35121 of that river, and west of the boundary of Missouri, not reserved 35122 or ceded to any other tribe. 35123 Article 4. It appearing that the Shawnee Indians have 35124 various claims against the citizens of the United States to a 35125 large amount for spoliations of various kinds, but which they 35126 have not been able to support by the testimony of white men, 35127 the United States, in order to a final settlement of all such claims, 35128 do hereby agree to pay to the Shawnee Nation the siim of (11,000) 35129 eleven thousand dollars, to be distributed by them in such way 3.1130 as may be deemed equitable ; and to support and keep a black- 35131 smith for their use on the lands hereby assighned for the term of 35132 five years, or as long as the President may deem advisable j and 788 35133 it is further stipulated that the United States shall furnish for 35134 the use of the Shawnees the tools necessary for the blacksmith's 35135 shop and (300) three hundred pounds of iron annually, to be 35136 furnished at the expense of the United States. 35137 Article 6. The friendship heretofore existing between the 35138 United States and the Shawnee Nation is hereby renewed and 35139 perpetuated. 35140 Article 6. These articles shall take effect and become 35141 obligatory on the contracting parties so soon as the same shall 35142 be ratified by the President, by and with the advice and consent 35143 of the Senate of the United States. 35144 Proclaimed December 30, 1825. 35145 Articles of agreement and convention made and concluded at 35146 Wapaghlconnetta, in the county of Allen, and State of Ohio, on 35147 the eighth day of August, in the year of our Lord one thousand 35148 eight hundred and thirty-one, by and between James B. Gardi- 35149 ner, especially appointed commissioner on the part of the United 35150 States, and John McElvain, Indian agent for the Wyondots, 35151 Senecas, and Shawnees residing in the State of Ohio, on the one 35152 part, and the undersigned principal chiefs, head-men, and warri- 35153 _ ors of the tribe of Shawnee Indians residing at WapaghJcon- 35154 netta and Hog Greek, within the territorial limits of the organ- 35155 isied county of Allen, in the State of Ohio. 35156 Whereas the President of the United States, under the 35157 authority of the act of Congress approved May 28, 1830, has 35158 appointed a special commissioner to confer with the different 35159 Indian tribes residing within the constitutional limits of the 35160 State of Ohio, and to offer for their acceptance the provisions of 35161 the before-recited act ; and 35162 Whereas the tribe or band of Shawnee Indians residing at 35163 Wapaghkonnetta and on Hog Creek, in the said State, have 35164 expressed their perfect assent to the conditions of the said act, 35165 and their willingness and anxiety to remove west of the Missis- 35166 sippi Eiver, in order to obtain a more permanent and advan- 35167 tageous home for themselves and their posterity : Therefore, 35168 In order to carry into effect the aforesaid objects, the 35169 following articles of convention have been agreed upon by the 35170 aforesaid contracting parties, which, when ratified by the Presi- 35171 dent of the United States, by and with the advice and consent 35172 of the Senate thereof, shall be mutually binding upon the United 35173 States and the said Shawnee Indians : 35174 Article 1. The tribe or band of Shawnee Indians residing 35175 at Wapaghkonnetta and on Hog Creek, in the State of Ohio, in 35176 consideration of the stipulations herein made on the part of the 789 35177 United States, do forever cede, release, and quit-claim to the 35178 United States the lands granted to them by patent in fee-simple 35179 by the sixth section of the treaty made at the foot of the 35180 rapids of the Miami Eiver of Lake Erie, on the 29th day of 35181 September, in the year of our Lord 1817, (proclaimed January 4, 35182 1819; see page 197,) containing one hundred and twenty- 35183 five sections or square miles, and granted in two reservations, 35184 and described in said sixth section of the aforesaid treaty as 35185 follows : "A tract of laud ten miles square, the centre of which 35186 shall be the council-hoase at Wapaghkonnetta," and " a tract of 35187 land containing twenty-flve square miles, which is to join the tract 35188 granted at Wapaghkonnetta, and to include the Shawnee settle- 35189 ment on Hog Creek, and to be laid off as nearly as possible in a 35190 square form," which said two tracts or reservations of land were 35191 granted as aforesaid to the said Shawnee Indians by the patents 35192 signed by the Commissioner of the General Land-Ofi&ce and 35193 certified by the Secretary of War, dated the 20th day of April, 35194. 1821. Also, one other tract of land, granted to the said Shaw- 35195 nees by the second article of the treaty made at St. Mary's, in 35196 the State of Ohio, on the 17th day of September, (proclaimed 35197 January 4, 1819,) in the year 1818, and described therein as fol- 35198 lows: "Twelve thousand eight hundred acres of land, to be laid 35199 off adjoining the east line of their reserve of ten miles square at 35200 Wapaghkonnetta," making, in the whole of the aforesaid ces- 35201 sions to the United States by the aforesaid Shawnees, one 35202 hundred and forty-five sections or square miles, which includes 35203 all the land now owned or claimed by the said band or tribe of 35204 Shawnees in the State of Ohio. 35205 Article 2. In consideration of the cessions stipulated in 35206 the foregoing article, the United States agree to cause the said 35207 tribe or band of Shawnees, consisting of about four hundred 35208 souls, to be removed, in a convenient and suitable manner, to the 35209 western side of the Mississippi River, and will grant by patent 35210 in fee-simple to them and their heirs forever, as long as they 35211 shall exist as a nation and remain upon the same, a tract of land 35212 to contain one hundred thousand acres, to be located, under the 35213 direction of the President of the United States, within the tract 35214 of land equal to fifty miles square, which was granted to the 35215 Shawnee Indians of the State of Missouri by the second article 35216 of a treaty made at the city of Saint Louis, in said State, with 35217 the said Shawnees of Missouri, by William Clark, superintendent 35218 of Indian affairs, on the 7th day of November, in the year 1825, 35219 and in which it is provided that the grant aforesaid shall be for 35220 the Shawnee tribe of Indians within the State of Missouri, "and 35221 for those of the same nation now residing in Ohio who may here- 35222 after emigrate to the west of the Mississippi;" but if there 790 35223 should aot be a sufficiency of good land unoccupied by the 35224 Shawnee Indians who have already settled on the tract granted 35225 as aforesaid by the said treaty of Saint Louis, then the tract of 35226 one hundred thousand acres hereby granted to the said Shaw- 35227 nees of Ohio, parties to this compact, shall be located under the 35228 direction of the President of the United States on lands contig- 35229 nous to the said Shawnees of Missouri, or on any other unapprb- 35230 priated lands within the district of country designed for the 35231 emigrating Indians of the United States. 35232 Artiole 3. The United States will defray the expenses of 35233 the removal of the said band or tribe of Shawnees, and will, 35234 moreover, supply them, with a sufficiency of good and wholesome 35235 ' provisions to support them for one year after their arrival at 35236 their new residence. 35237 Article 4. Out of the first sales to be made of the lands 35238 herein ceded by the said Shawnees, the United States will cause 35239 a good and substantial saw-mill and a grist-mill, built in the 35240 best manner, and to contain two pair of stones and a good 35241 bolting-cloth, to be erected on the lands granted to the said 35242 Shawnees west of the Mississippi, and said mills shall be solely 35243 for their use and benefit; The United States will, out of the 35244 sales of the ceded lands, as aforesaid, cause a blacksmith-shop 35245 (to contain all the necessary tools) to be built for the said Shaw- 35246 nees ak their intended residence, and a blacksmith shall be em- 35247 ployed by the United States, as long as the President thereof 35248 may deem proper, to execute all necessary and useful work for 35249 said Indians. 35250 Article 5. In lieu of the improvements which have been 35251 made on the lands herein ceded, it is agreed that the tinited 35252 States shall advance to the said Shawnees, (for the purpose of 35253 enabling them to erect houses and open farms at their intended 35254 residence,) the sum of thirteen thousand dollars, to be re-im- 35255 bursed from the sales of the lands herein ceded by them to the 35256 United States. A fair and equitable distribution of this sum 35257 shall be made by the chiefs of the said Shawnees, with the con- 35258 sent of the people, in general council assembled, to such indi- 35259 viduals of their tribe who have made improvements on the lands 35260 herein ceded, and may be properly entitled to the same. 35261 Article 6. The farming-utensils, live-stock, and other 35262 chattel property which the said Shawnees now own, and may 35263 not be able to carry with them, shall be sold, under the superin-' 35264 tendance of some suitable person, appointed by the Secretary 35265 of War for that purpose, and the pro6eeds paid over to the 35266 owners of such property respectively. 35267 Article 7. The United States will expose to public sale, to 35268 the highest bidder, in the manner of selling the public lands, 791 35269 the tracts of land herein ceded by the said Shawnees. And 35270 after deducting from the proceeds of such sales the sum of sev- 35271 enty cents per acre, exclusive of the cost of surveying, the cost 35272 of the grist-mill, saw-mill, and blacksmith-shop, and the afore- 35273 said sum of thirteen thousand dollars, to be advanced in lieu of 35274 improvements, it is agreed that any balance'which may remain 35275 of the avails of the lands after sale, as aforesaid, shall constitute 35276 a fund for the future necessities of said tribe, parties to this 35277 compact, on which the United States agree to pay to the chiefs, 35278 for the use and general benefit of their people, annually, five 35279 per centum on the amount of said balance, as an annuity, said 35280 fund to be continued during the pleasure of Congress, unless 35281 the chiefs of the said tribe or band, by and with the consent of 35282 their people, in general council assembled, should desire that the 35283 fund thus to be created should be dissolved and paid over to 35284 them, in which case the President shall cause the same to be so 35285 paid, if, in his discretion, he shall believe the happiness and 35286 prosperity of said tribe would be promoted thereby. 35287 Article 8. It is agreed that any annuities accruing to the 35288 said band or tribe of Shawnees by former treaties shall be paid 85289 to them at their intended residence west of the Mississippi, un- 35290 der the direction of the President. 35291 Article 9. In consideration of the good conduct and 35292 friendly dispositions of the said band of Shawnees towards the 35293 American Government, and as an earnest of the kind feelings 35294 and good wishes of the people ol the United States for the fu- 35295 ture welfare and happiness of the said Shawnees, it is agreed 35296 that the United States will give them as presents the following 35297 articles, to be fairly divided by the chiefs among their people 35298 according to their several necessities, to wit: two hundred 35299 blankets, forty ploughs, forty sets of horse-gears, one hundred 35300 and fifty hoes, fifty axes, and Eussia sheeting sufiGicient for fifty 35301 tents ; the whole to be delivered to them as soon as practicable 35302 after their arrival at their new residence, except the blankets 35303 and Eussia sheeting, which shall be given previously to their 35304 removal. 35305 Article 10. The lands granted by this agreement and con- 35306 vention to the said band or tribe of Shawnees shall not be sold 35307 nor ceded by them, except to the United States. And the 35308 United States guarantee that said lands shall never be within 35309 the bounds of any State or Territory, nor subject to the laws 35310 thereof; and further, that the President of the United States 35311 will cause said tribe to be protected at their intended residence 35312 against all iuterruptioa or disturbance from any other tribe or 35313 nation of Indians, or from any other person or persons what- 35314 ever, and he shall have the same care and superintendence over 792 35315 them in the country to which they are to remove that he has 35316 heretofore had o^er them at their present place of residence. 35317 Article 11. It is understood by the present contracting 35318 parties that any claims which Francis Duchouquet may have 35319 under former treaties to a section or any quantity of the lands 35320 herein ceded to the United States are not to be prejudiced by 35321 the present compact, but to remain as valid as before. 35322 Aeticlb 12. In addition to the presents given in the ninth 35323 article of this convention, it is agreed that there shall also be 35324 given to the said Shawnees twenty-five rifle-guns, to be distrib- 35325 uted in the manner provided in said ninth article. 35326 Article 13. At the request of the chiefs, there is granted 35327 to Joseph Parks, a quarter-blooded Shawnee, one section of 35328 land, to contain six hundred and forty acres, and to include his 35329 present improvements, at the old town near Wapaghkonnetta, 35330 in consideration of his constant friendship and many charitable 35331 and valuable services towards the said Shawnees; and at the 35332 request of the chiefs it is also stipulated that the price of an 35333 average section of the lands herein ceded shall be reserved in 35334 the hands of the Government, to be paid to their .friends, the 35335 Shawnees who now reside on the river Huron, in the Territory 35336 of Michigan, for the purpose of bearing their expenses should 35337 they ever wish to follow the Shawnees of Wapaghkonnetta and 35338 Hog Creek to their new residence west of the Mississippi. 35339 Article 14. At the request of the chiefs, it is agreed that 35340 they shall be furnished with two cross-cut saws for the use of 35341 their tribe ; and also that they shall receive four grindstones 35342 annually for the use of their people, to be charged upon the sur- 35343 plus fund, and they shall further receive, as presents, ten hand- 35344 saws, ten drawing-knives, twenty files, fifty gimlets, twenty au- 35345 gurs of different sizes, ten planes of different sizes, two braces 35346 and bits, four hewing-axes, two dozen scythes, five frows, and 35347 five grubbing-hoes. 35348 Proclaimed April 6, 1832. 35349 FRANKLnsr Pierce, President of the United States of America, 35350 to all and singular to whom these presents shall come, 35351 greeting : 35352 Whereas a treaty was made and concluded on the tenth 35353 day of May, one thousand eight hundred and fifty-four, by 35354 George W. Manypenny, commissioner on the part of the United 35355 States, and the following-named delegates representing the 35356 bands of Shawnees who were parties to the treaties of seventh 35357 November, one thousand eight hundred and twenty-five, and 35358 eighth of August, one thousand eight hundred and thirty-one, 35359 viz: Joseph Parks, Black Hoof, George McDougal, Longtail, 793 35360 George Blue Jacket, Gi'aliam Eogers, Wah-wali-chepa-e-kar, 35361 or Black Bob, and Henry Blue Jacket, thereto duly authorized 35362 by said tribe, which treaty is in the words following, to wit : 35363 Articles of agreement and convention made and concluded at 35364 the city of Washington this tenth day of May, one thou- 35365 sand eight hundred and j[ifty-four, by George W. Many- 35366 penny, as commissioner on the part of the United States, 35367. and the following-named delegates, representing the bands 35368 of Shawnees who were parties to the treaties of seventh of 35369 November, one thousand eight hundred and twenty-five, '35370 and eighth of August, one thousand eight hundred and 35371 thirty-one, viz : Joseph Parks, Black Hoof, George McDou- 35372 gal, Longtail, George Blue Jacket, Graham Eogers, Wa- 35373 wah-che-pa-e-kar, or Black Bob, and Henry Blue Jacket, 35374 they being thereto duly authorized by the now united tribe 35375 of said Shawnee Indians. 35376 Article 1. The Shawnee tribe of Indians hereby cede and 35377 convey to the United States all the tract of country lying west 35378 of the State of Missouri, which was designated and set apart 35379 for the Shawnees in fulfilment of, and pursuant to, the second 35380 and third articles of a convention made between William Clark, 35381 superintendent of Indian affairs, and the chiefs and head-men 35382 of the Shawnee Nation of Indians, at St. Louis, on the seventh 35383 day of November, one thousand eight hundred and twenty-five, 35384 (proclaimed December 30, 1825 ; see page 786,) which said tract 35385 was conveyed to said tribe (subject to the right secured by the 35386 second article of the treaty made at Wapaghkonetta, on the 35387 eighthdayAugust,onethousand eight hundred and thirty-one,) 35388 (proclaimed April 6, 1832 ; see page 788.) by John Tyler, Pres- 35389 ident of the United States, by deed bearing date the eleventh day 35390 of May, one thousand eight hundred and forty-four — said tract 35391 being described by metes and bounds as follows : '• Beginning at 35392 a point in the western boundary of the State of Missouri, three 35393 miles south of where said boundary crosses the mouth of Kansas 35394 Ei ver ; thence continuing south and coinciding with said boundary 35395 for twenty-five miles; thence due west one hundred and twenty 35396 miles ; thence due north, until said line shall ifitersect the southern 35397 boundary of the Kansas reservation ; thence due east, coinciding 35398 with the southern boundary of said reservation, to the ter- 35399 mination thereof; thence due north, coinciding with the eastern 35400 boundary of said reservation, to the southern shore of the Kansas 35401 Elver; thence along said southern shore of said river, to where 35402 a line from the place of beginning drawn due west shall intersect 35403 the same " — estimated to contain sixteen hundred thousand acres, 35404 more or less. 35405 Abtiole 2. The United States hereby cede to the Shawnee 100 IT 794 35406 Indians two huudrcd thousand acres of laud, to be selected 35407 between the Missouri State line, and a line parallel thereto, and 35408 west of the same, thirty miles distant ; which parallel line shall 35409 be drawn from the Kansas Eiver to the southern boundarj'-liue 35410 of the country herein ceded: Provided, hotvever, That the few 35411 families of Shawnees who now reside on their own improve- 35412 nients in the ceded country west of said parallel line, may, if 35413 they desire to remain, select there the same quantity of l^nd for 35414 each individual of such family, which is hereinafter provided 35415 for those Shawnees residing east of said parallel line — the said 35416 selection, in every case, being so made as to include the present 35417 improvement of each family or individual. Of the lands lying 35418 east of the pai'allel line aforesaid, there shall first be set apart to 3o419 the Missionary Society of the Methodist Episcopal Church 35420 South, to include the improvements of the Indian manual-labor 35421 school, three sections of land ; to the Friends' Shawnee labor- 35422 school, including the improvements there, three hundred and 35423 twenty acres of laud ; and to the American Baptist Missionary 35424 Union, to include the improvements where the superintendent 35425 of their school now resides, one hundred and sixty acres of land ; 35426 also five acres of land to the Shawnee Methodist Church, in- 35427 eluding the meeting-house and graveyard; and two acres of 35428 land to the Shawnee Baptist Church, including the' meeting- 35429 house and graveyard. All the land selected, as herein provided, 35430 west of said parallel line, and that set apart to the respective 35431 societies for schools, and to the churches before named, shall be 35432 considered as part of the two hundred thousand acres reserved 35433 by the Shawnees. 35434 All Shawnees residing east of said parallel line shall be en- 35435 titled to, out of the residue of said two hundred thousand acres, 35436 if a single person, two hundred acres, and if the head of a family, 35437 a quantity equal to two hundred acres for each member of his 35438 or her family — to include, in every case, the improvement 35439 on which such person or family now resides; and if two or 35440 more persons or families occupy the same improvement, or 35441 occupy different improvements in such close proximity that 35442 all of such persons or families cannot have the quantity of 35443 land (to include their respective improvements) which they 35444 are entitled to, and if in such cases the parties should be 35445 unable to make an amicable arrangement among themselves, 35446 the oldest occupant or settler shall have the right to 35447 locate his tract so as to include said improvements, and the 35448 others must make a selection elsewhere, adjoining some Shaw- 35449 nee settlement ; and in every such case the person or family re- 35450 taining the improvement shall -pay those leaving it for the in- 35451 terest of the latter tberein--the value of the same to be fixed, 795 35452 ■when the parties canuot agree thereupon, by such tribunal, and 35453 in such mode, as may be prescribed by the Shawnee council, 35454 with the consent of the United States agent for that tribe. 35455 The privilege of selecting lands under this provision shall 35456 extend to every head of a family who, although not a Shawnee, 35457 may have been legally married to a Shawnee, according to the 35458 customs of that people, and adopted by them ; and to all minor 35459 orphan children of Shawnees, and of jiersons who have been 35460 adopted as Shawnees, who shall not have received their shares 35461 with any family; and all incompetent persons shall have selec- 35462 tions made for them adjacent, or as near as practicable, to 35463 their friends or relatives, which selections shall be made by 35464 some disinterested person or persons, appointed by the Shawnee 35465 council, and approved by the United States agent. In the set- 35466 tlement known as Black Bob's settlement, in which he has an 35467 improvement whereon he resides ; and in that known as Long 35468 Tail's settlement, in which he has an improvement whereon he 35469 resides, there are a number of Shawnees who desire to hold 35470 their lands in common ; it is therefore agreed that all Shaw- 35471 nees, including the persons adopted as aforesaid, and incompe- 35472 tent persons, and minor orphan children, who reside in said set- 35473 tlements respectively, and all who shall, within sixty days after 35474 the approval of the surveys hereinafter provided for, signify to 35475 the United States agent their election to join either of said com- 35476 munities and reside with them, shall have a quantity of land 35477 assigned and set off to them, in a compact body, at each of 35478 the settlements aforesaid, equal to two hundred acres to every 35479 individual in each of said communities. A census of the 35480 Shawnees residing at each of these settlements, and of the 35481 minor orphan children of their kindred, and of those electing to 35482 reside in said communities, shall be taken by the United States 35483 agent for the Shawnees, in order that a quantity of land equal 35484 to two hundred acres for each person may be set off and allot- 35485 ted them, to hold in common as aforesaid. After all the Shaw- 35486 nees, and other persons herein provided for, shall have re- 35487 ceived their shares of the two hundred thousand acres of land 35488 reserved, it is anticipated that there will still be a residue ; 35489 and as there are some Shawnees who have been for years sepa- 35490 rated from the tribe, it is agreed that whatever surplus re- 35491 mains, after provision is made for all present members of the 35492 tribe, shall be set apart, in one body of land, in compact 35493 form, under the direction of the President of the United States j 35494 and all such Shawnees as return to and unite with the tribe, 35495 within five years from the proclamation of this instrument, 35496 shall be entitled to the same quantity of lands out of said sur- 35497 plus, and in the same manner, and subject to the same limita- 796 35498 tious and provisiotis, as are hereinbefore made for those now mem- 35499 bers of the said tribe; and whatever pol:tion of said surplus re- 35500 mains unassigned, after the expiration of said five years, shall be 35501 sold as hereinafter provided. The proceeds of all such sales 35502 shall be retained in the Treasury of the United States until the 35503 expiration of ten years from the proclamation of this instrument, 35504 after which time, should said absent Shawnees not have returned 35505 and united with the tribe, all the moneys then iu the Treasury, 35506 or that may thereafter be received therein, as proceeds of the 35507 sales of such surplus land, shall be applied to, or invested for, 35508 such beneficial or benevolent objects among the Shawnees as 35509 the- President of the United States, after consulting with the 35510 Shawnee council, shall determine; and should any such absent 35511 Shawnees return and unite with said tribe, after the expiration 35512 of the period of five years hereinbefore mentioned, and before 35513 the expiration of the said period, of ten years, the proper portion 35514 of any of said residue of lands that then may remain unsold 35515 shall be assigned to such persons ; and if all said lands have been 35516 disposed of, an equitable payment in money shall be made to 35517 them out of the proceeds of the said sales. The aforesaid 35518 assignments and selections of lands in the tract lying between 35519 the Missouri State-line and the said parallel line shall be made 35520 within ninety days after the approval of the survey of said tract, 35521 and if there be any individuals recognized as at present entitled 35522 to lands therein, under the provisions of this article, who shall 35523 not have selected, or had selected for them, within said ninety 35524 days, their proper shares of land, the Shawnee council shall 35525 select one or more disinterested persons, who shall, immediately 35526 after the expiration of such ninety days, make selections of lands 35527 for them, iu the same manner and subject to the same restric- 35528 tions as hereinbefore provided for minor orphan children not 35529 members of a family, and for incompetent persons. And those 35530 residing on improvements west of the said parallel line shall, 35531 within sixty days after the approval of the survey of the lands 35532 on which they live, make the selections of lands as and to the 35533 amount they are hereinbefore authorized to do. It is agreed 35534 that all the tracts of land in this article assigned, or provided 35535 to be assigned or selected, shall be assigned and selected according 35536 to the legal subdivisions of United States lands, and according 35537 to the laws of the United States respecting the entry of public 35538 lands, so far as said laws are applicable; and no portion of this 35539 instrument shall be so construed as to nullify or impair this 35540 stipulation. And the said Indians hereby cede, relinquish, and 35541 convey to the United States all tracts or parcels of land which 35542 may be sold, or are required to be sold, in pursuance of any 35543 article of this instrument. 797 35544 Aeticle 3. In consideration of the cession and sale herein 35545 made, the United States agree to pay to the Shawnee people, 35546 the snm of eight hundred and twenty-nine thousand dollars, in 35547 manner as follows, viz : Forty thousand dollars io be invested 35548 by the United States at a rate of interest not less than five per 35549 centum per annum, which, as it accrues, is to be applied to the 35550 purposes of education; that amount, with the addition of the 35551 three thousand dollars of perpetual annuities provided by the 35552 treaties of August third, one thousand seven hundred and ninety- 35553 five, and September twenty-ninth, one thousand eight hundred 35554 and seventeen, and now hereby agreed to be likewise so applied, 35555 together with the sum to be paid by the Missionary Society of 35556 the Methodist Episcopal Church, South, as hereinafter provided, 35557 being deemed by the Shawnees as sufficient, for the present, for 35558 such purposes ; seven hundred thousand dollars, to be paid in 35559 seven equal annual instalments, during the monthof October of 35560 each year, commencing with the year one thousand eight hun- 35561 dred and fifty-four; and the residue of eighty -nine thousand 35562 dollars to be paid within the same month of the year, after the 35563 termination of that period. 35564 Article 4. Those of the Shawnees who may elect to live 35565 in common shall hereafter be permitted, if they so desire, to 35566 make separate selections within the bounds of the tract which 35567 may have been assigned to them in common ; and such selec- 35568 tions shall be made in all respects in conformity with the rule 35569 herein provided to govern those who shall, in the first instance, 35570 make separate selections. 35571 Article 5. The lands heretofore described lying between 35572 the Missouri State-line and the parallel line thirty miles west of 35573 it, as soon after the ratification of this instrument as can con- 35574 veniently be done, shall be surveyed, in the same manner as the 35575 public lands of the United States are surveyed, the expenses 35576 thereof to be borne by the Shawnees and the United States in 35577 due proportion ; and no white persons or citizens shall be permit- 35578 ted to make locations or settlements within said limits until 35579 after all the lands shall have been surveyed, and the Shawnees 35580 shall have made their selections and locations, and the Presi- 35581 dent shall have set apart the surplus. 35682 Article 6. The grants of land above made to missionary 35583 societies and churches shall be subject to these conditions : The 35584 grant to the Missionary Society of the Methodist Episcopal 35585 Church, South, at the Indian manual-labor school, shall be 35586 confirmed to said society, or to such person or persons as 35587 may be designated by it, by patent from the President of the 35688 United States, upon the allowance to the Shawnees, by said 35589 society, of ten thousand dollars, to be applied to the education 798 35590 of their youtli ; which it has agreed to make. The grants for 35591 the schools established by the Baptists and Friends shall be 35592 held by their respective boards of missions, so long as those 35593 schools shall be kept by them; when no longer used for such 35594 purpose by said boards, the lands, with the' improvements, 35595 shall, under the direction of the President, bo sold at public 35596 sale to the highest bidder, upon such terms as he may prescribe, 35597 the proceeds to be applied by the Shawnees to such general 35598 beneficial and charitable purposes as they may wish : Provided, 35599 That the improvements shall be valued, and the valuation de- 35600 ducted from the proceeds of sale, and returned to said boards 35601 respectivel5^ 35602 AuTiOLE 7. Inasmuch as Joseph Parks and Black Hoof, 35603 who have in times past rendered important services to the 35604 Shawnee Nation, would not, by reason of the small number of per- 35605 sons m their families, be entitled under the provisions of Article 35606 2 to a quantity of land equal to that which will be generally 35607 received by the other members of the tribe, it is agreed, at the 35608 request of the Shawnees, that Joseph Parks, in lieu of the land 35609 which he would have a right to select under the provisions of 35610 Article 2, shall have a quantity of land equal to two sections, or 35611 twelve hundred and eighty a«res, to include his present residence 35612 and improvement ; and Black Hoof, in lieu of that which he 35613 would have a right to select as aforesaid, shall have a quantity 35614 of land equal to one section, or six hundred and forty acres, 35615 to include his present residence and improvement; and they 35616 shall make selection of the land hereby granted them in the same 35617 manner and subject to the same limitations as are prescribed in 35618 Article 2, for such as shall make separate selections, in severalty, 35619 under the provisions thereof. 35620 Abticle 8. Such of the Shawnees as are competent to man- 35621 age their affairs shall receive their portions of the aforementioned 35622 annual instalments in money. But the portions of such as shall 35623 be found incompetent to manage their affairs, whether from 35624 drunkenness, depravity, or other cause, shall be disposed of by 35625 the President in that manner deemed by him best calculated to 35626 promote their interests and the comfort of their families, the 35627 Shawnee council being first consulted with respect to such per- 35628 sons, whom it is expected they will designate to their agent. 35629 The portions of orphan children shall be appropriated by the 35630 President in the manner deemed by him best for their interests. 35631 Article 9. Congress may hereafter provide for the issuing 35632 to such of the Shawnees as may make separate selections, 35633 patents for the same, with such guards and restrictions as may 35634 seem advisable for their protection therein. 35635 Akticle 10. No portion of the money stipulated by this 799 35636 iustrameut to be paid to the Shawnees shall be taken by the 35637 Government of the United States, by its agent or otherwise, to 35638 pay debts contracted by the Shawnees, as private individuals, 35639 nor any part thereof for the payment of national del)ts or obli- 35640 gations contracted by the Shawnee chiefs or council : Provided, 35641 That this article shall not be construed to prohibit the council 35642 from setting apart a portion of any annual payment, for purposes 35643 strictly national in their character, and for the payment of na- 35644 tional or tribal debts, first to be approved by the President. 35645 Article. 11. It being represented that many of the Shaw- 35646 nees have sustained damage in the loss and destruction of their 35647 crops, stock, and other proijerty, and otherwise, by reason of the 35648 great emigration which has for several years passed through their 35649 country, and of other causes, in violation, as they allege, of 35650 guaranties made for their protection by the United States, it is 35651 agreed that there shall be paid in consideration thereof, to the 35652 Shawnees, the sum of twenty-seven thousand dollars, which 35653 shall be taken and considered in full satisfaction not only of snch 35654 claim but of all others of what kind soever, and in release of all 35655 demands and stipulations arising under former treaties, with the 35656 exception of the perpetual annuities, amounting to three thou- 35657 sand dollars, hereinbefore named, and which are set apart and 35658 appropriated in the third article hereof. All Shawnees who 35659 have sustained damage by the emigration of citizens of the 35660 United States, or by other acts of such citizens, shall, within six 35661 months after the ratification of this treaty, file their claims for 35662 such damages with the Shawnee agent, to be submitted by him 35663 to the Shawnee council for their action and decision, and the 35664 amount in each case approved shall be paid by said agent: 35665 Provided, The whole amount of claims thus approved shall not 35666 exceed the said sum stipulated for in this article : And provided, 35667 That if such amount shall exceed that sum then a reduction shall 35668 be made, pro rata, from each claim until the aggregate is low- 35669 ered to that amount. If less than that amount be adjudged to 35670 be due, the residue, it is agreed, shall be appropriated as the 35671 council shall direct. 35672 Article 12. If, from causes not now foreseen, this instru- 35673 ment should prove insuificient for the advancement and protec- 35674 tion of the welfare and interests of the Shawnees, Congress may 35675 hereafter by law make such further provision, not inconsistent 35676 herewith, as experience may prove to be necessary to promote 35677 the interests, peace, and happiness of the Shawnee people. 35678 Article 13. It is agreed that all roads and highways laid 35679 out by authority of law shall have a right of way through any 35680 of the reserved, assigned, and selected lands on the same terms 35681 that the law provides for their location through the lands of cit- 800 35682 izens of the United States ; and railroad companies, when the 35683 lines of their roads necessarily pass through any of said lands, 35684 shall have the right of way on payment of a just compensation 35685 therefor in money. 35686 Article 14. The Shawnees acknowledge their dependence 35687 on the Government of the United States, and invoke its protec- 35688 tion and care. They will abstain from the commission of depre- 35689 dations, and comply, as far as they are able, with the laws in such 35690 cases made and provided, as they will expect to be protected and 35691 to have their rights vindicated. 35692 Article 15. The Shawnees agree to suppress the use of 35693 ardent sijirifs among their people, and to resist, by all prudent 35694 means, its introduction into their settlements. 35695 Artkjle 16. The United States reserve, at the site of the 35696 agency-house in the Shawnee country, including the improve- 35697 ments, one hundred and sixty acres of land. 35698 Article 17. The foregoing instrument shall be obligatory 35699 on the contracting parties as soon as the same shall be ratified 35700 by the President and the Senate of the United States. 35701 Proclaimed November 2, 1854. 35702 S'KLALLAMS. 35703 Treaty between the United States of America and the S'Klallams 35704 Indians, concluded at Point no Point, Washington Territory, 35705 January 26, 1855 ; ratified by tlte Senate March 8, 1859. 35706 Jambs BucnANAN, President of the United States of America, 35707 to all and singular to whom these presents shall come, 35708 greeting : 35709 Whereas a treaty was made and concluded at Hahd Skus, 35710 or Point no Point, in Washington Territory, on the twenty-sixth 35711 day of January, eighteen hundred and fifty-five, between Isaac 35712 I. Stevens, governor and superintendent of Indian affairs for 35713 the said Territory, on the part of the United States, and the 35714 hereinafter-named chiefs, head-men, and delegates of the 35715 different villages of the S'Klallams Indians, viz: The Kah-tai, 35716 Squah-quaihtl, Tch-queen, Ste-tehtlum, Tsohkw, Yennis, El- 35717 hwa, Pishtst, Hunnint, Klat-la-wash, and Oke-no, and also of the 35718 Sko-ko-nish, Tooan-hooch, and Chem-a-kum tribes occupying 35719 certain lands on the Straits of Faca and Hood's Canal, in the 35720 Territory of Washington, on behalf of said tribes, and duly 35721 authorized by them ; which treaty is in the words and figures 35722 following, to wit : 801 35723 Articles of agreement and convention made and concluded at 35724 Hahdskus, or Point no Point, Suquamish Head, in tlie Ter- 35725 ritory of Washington, this twenty-sixth day of January, 35726 eighteen hundred and fifty-five, by Isaac I. Stevens, gov- 35727 ernor and superintendent of Indian affairs for the said Ter- 35728 ritory, on the part of the United States, and the under- 35729 signed chiefs, head-men, and delegates of the different vil- 35730 lages of the S'Klalldms, viz : Kah-tai, Squah-quaihtl, Tch- 35731 queen, Ste-tehtlum, Tsohlcw, Tennis, Elh-wa, Pishtst, Huu- 35732 nint, Klat-la-wash, and Oke-ho, and also of the Skoko-mish, 35733 To-an-hooch, and Ohem-a-kum tribes, occupying certain 35734 lands on the Straits of Faca and Hood's Canal, in the Terri- 35735 tory of Washington, on behalf of said tribes, and duly au- 35736 thorized by them. 35737 Article 1. The said tribes and bands of Indians hereby 35738 cede, relinquish, and convey to the United States all their right, 35739 title, and interest in and to the lauds and country occupied by 35740 them, bounded and described as follows, viz: Commencing at 35741 the mouth of the Okeho Eiver, on the Straits of Fucha; thence 35742 southeastwardly along the westerly line of territory claimed by 35743 the Makah tribe of Indians to the summit of the Cascade Eange ; 35744 thence still southeastwardly and southerly along said summit to 35745 the head of the west branch of the Satsop Eiver, down that 35746 branch to the main fork ; thence eastwardly and following the 35747 line of lands heretofore ceded to the the United States by the 35748 Nisqually and other tribes and bands of Indians, to the summit 35749 of the Black Hills, and northeastwardly to the portage known 35750 as Wilkes' Portage; thence norteastwardly, and following the 35751 line of lands heretofore ceded to the United States by the 35752 Dwamish, Suquamish, and other tribes and bands of Indians, to 35753 Suquamish Head ; thence northerly through Admiralty Inlet to 35754 the Straits of Fuca ; thence westwardly through said straits to 35755 the place of beginning, including all the right, title, and interest 35756 of the said tribes and bands to any land in the Territory of 35757 Washington. 35758 Akticle 2. There is, however, reserved for the present use 30759 and occupation of the said tribes and bands the following tract 35760 of land, viz: The amount of six sections, or three thousand eight 35761 hundred and forty acres, situated at the head of Hood's Canal , 35762 to be hereafter set apart, and, so far as necessary, surveyed and 35763 marked out for their exclusive use ; nor shall any white man be 35764 permitted to reside upon the same without permission of the 35765 said tribes and bands, and of the superintendent or agent ; but, 35766 if necessary for the public convenience, roads may be run 30767 through the said reservation, the Indians being compensated for 35768 any damage thereby done them. It is, however, understood 101 I T 802 35769 that should the President of the United States hereafter see fit 35770 to place upon the said reservation any other friendly tribe or 35771 band to occupy the same in common with those above mentioned, 35772 he shall be at liberty to do so. 35773 Article 3. The said tribes and bands agree to remove to 35774 and settle upon the said reservation within one year after the 35775 ratification of this treaty, or sooner if the means are furnished 35776 them. In the mean time it shall be lawful for them to reside 35777 upon any lands not in the actual claim or occupation of citizens 35778 of the United States, and upon any laud claimed or occupied, if 35779 with the permission of the owner. 35780 Article 4. Therightof taking fish at usual and accustomed 35781 grounds and stations is further secured to said Indians, in com. 35782 mon with all citizens of the United States, and of erecting tem- 35783 porary houses for- the purpose of curing, together with the priv- 35784 ilege of hunting and gathering roots and berries on open and 35785 unclaimed lands : Provided, however, That they shall not take 35786 shellfish from any beds staked or cultivated by citizens. 35787 Article 5. In consideration of the above cession the United 35788 States agree to pay to the said tribes and bands the sum of sixty 35789 thousand dollars, in the following manner, that is to say : daring 35790 the first year after the ratification hereof, six thousand dollars; 35791 for the next two years, five thousand dollars each year; for the 35792 next three years, four thousand dollars each year ; for the next 35793 four years, three thousand dollars each year ; for the next five 35794 years, two thousand four hundred dollars each year ; and for the 35795 next five years, one thousand six hundred dollars each year. All 35796 which said sums of money shall be applied to the use and benefit 35797 of the said Indians, under the direction of the President of the 35798 United States, who may from time to time determine at his dis- 35799 cretion upon what beneficial objects to expend the same. And 35800 the superintendent of Indian affairs, or other proper oflcer, shall 35801 each year inform the President of the wishes of said Indians in 35802 respect thereto. 35803 Article 6. To enable the said Indians to remove to and 35804 settle upon their aforesaid reservations, and to clear, fence, and 35805 break up a sufficient quantity of land for cultivation, the United 35806 States further agree to pay the sum of six thousand dollars, to 35807 be laid out and expended under the direction of the President, 85808 and in such manner as he shall approve. 35809 Article 7. The President may hereafter, when in his opin- 35810 ion the interests of the Territory shall require, and the welfare of 35811 said Indians be promoted, remove them from said reservation to 35812 such other suitable place or places within said Territory as he 35813 may deem fit, on remunerating them for their improvements and 35814 the expenses of their removal, or may consolidate them with 803 35815 other friendly tribes or bands. And he may further, at his dis- 35816 cretion, cause the whole or any portion of the lands hereby re- 35817 served, or of such other lands as may be selected in lieu thereof, 35818 to be surveyed into lots, and assign the same to such individuals 35819 or families as are willing to avail themselves of the privilege and 35820 will locate thereon as a permanent home, on the same terms and 35821 subject to the same regulations as are provided in the sixth ar- 35822 tide of the treaty with the Omahas, so far as the same may be 35823 applicable. Any substantial improvements heretofore made by 35824 auy Indian, and which he shall be compelled to abandon in con- 35825 sequence of this treaty, shall be valued under the direction of 35826 the President, and payment made therefor accordingly. 35827 Article 8. The annuities of the aforesaid tribes and bands 35828 shall not be taken to pay the debts of individuals. 35829 Article 9. The said tribes and bands acknowledge their 35830 dependence on the Government of the United States, and 35831 promise to be friendly with all citizens thereof; and they pledge 35832 themselves to commit no depredations on the property of such 35833 citizens. And should any one or more of them violate this pledge, 35834 and the fact be satisfactorily proven before the agent, the prop- 35835 erty taken shall be returned, or in default thereof, or if injured 35836 or destroyed, compensation may be made by the Government 35837 out of their annuities. Nor will they make war on any other 35838 tribe, except in self-defence, but will submit all matters of dif- 35839 ference between them and other Indians to the Government of 35840 the United States, or its agent, for decision, and abide thereby. 35841 And if any of the said Indians commit any depredations on any 35842 other Indians within the Territory, the same rule shall prevail 35843 as that prescribed in this article in cases of depredations against 35844 citizens. And the said tribes agree not to shelter or conceal 35845 offenders against the United States, but to deliver them up for 35846 trial by the authorities. 35847 Article 10. The above tribes and bands are desirous to 35848 exclude from their reservation the use of ardent spirits, and to 35849 prevent their people from drinking the same, and therefore it is 35850 provided that any Indian belonging thereto who shall be guilty 35851 of bringing liquor into said reservation, or who drinks liquor, 35852 may have his or her proportion of the annuities withheld from 35853 him or her for such time as the President may determine. 35854 Article 11. The United States further agree to establish 33S55 at the general agency for the district of Paget's Sound, within 35856 one year from the ratification hereof, and to support for the 35857 period of twenty years, an agricultural and industrial school, to 35858 be free to children of the said tribes and bands in common with 35859 those of the other tribes of said district, and to provide a smithy 35860 and carpenter's shop, and furnish them with the necessary tools. 804 35861 and employ a blacksmith, carpenter, and farmer for the term ot 35862 twenty years, to Instruct the Indians in their respective oocupa- 35863 tions. And the United States farther agree to employ a physi- 35864 cian to reside at the said central agency, who shall furnish med- 35865 icine and advice to the sick, and shall vaccinate them ; the ex- 35866 penses of the said school, shops, persons employed, and medical 35867 attendance to be defrayed by the United States, and not de- 35868 ducted from the annuities. 35869 Article 12. The said tribes and bands agree to free all 35870 slaves now held by them, and not to purchase or acquire others 35871 hereafter. 35872 Article 13. The said tribes and bands finally agree not to 35873 trade at Vancouver's Island, or elsewhere out of the dominions 35874 of the United States, nor shall foreign Indians be permitted to 35875 reside in their reservations without consent of the superintendent 35876 or agent. 35877 Article 14. This treaty shall be obligatory on the con- 35878 tracting parties as soon as the same shall be ratified by thePresi- 35879 dent of the United States. 35880 Proclaimed April 29, 1859. 35881 SNAKES. 35882 Treaty between the United States of America and the Woll-pah-pe 35883 * tribe of Snalce Indians, concluded August 12, 1865 ; ratifica- 35884 tion advised July 5, 1866. 35885 Andrew Johnson, President of the United States of America, 35886 to all and singular to whom these presents shall come, 35887 greeting : 35888 Whereas a treaty was made and concluded at Sprague Eiver 35889 Valley, on the twelfth day of August, in the year of our Lord 35890 one thousand eight hundred and sixty-five, by and between J. 35891 W. Perit Huntington, commissioner on the part of the United 35892 States, and Pah-ni ne, Hau-ni-noo-ey, and other chiefs and head- 35893 men, on the part of the Woll-pah-pe tribe of Snake Indians, 35894 and duly authorized thereto by them, which treaty is in the 35895 words and figures following, to wit : 35896 Articles of agreement and convention made and concluded at 35897 Sprague Eiver Valley, on this twelfth day of August, in the 35898 year one thousand eight hundred and sixty-five, by J. W. 35899 Perit Huntington, superintendent of Indian affairs in Ore- 35900 gon, on the part of the United States, and the undersigned 35901 chiefs and head-men of the Woll-pah-pe tribe of Snake In 805 35902 dians, acting in behalf of said tribe, being duly authorized 35903 so to do. 35904 Article 1. Peace is declared henceforth between the Uni- 35905 ted States and the WoU-pah-pe tribe of Snake Indians, and also 35906 between said tribe and all other tribes in amity with the United 35907 States. All prisoners and slaves held by the WoU-pah-pe tribe, 35908 whether the same are white persons or members of Indian tribes 35909 in amity with the United States, shall be released ; and all per- 35910 sons belonging to the said Woll-pah-pe tribe now held as pris- 35911 oners by whites, or as slaves by other Indian tribes, shall be 35912 given up. 35913 Akticle 2. The said tribe hereby cedes and relinquishes 35914 to the United States all their right, title, and interest to the 35915 country occupied by them, described as follows, to wit : Begin- 35916 ning at the Snow Peak in the summit of the Blue Mountain 35917 range, near the heads of the Grande Eonde Eiver and the north 35918 fork of John Day's Eiver ; thence down said north fork of John 35919 Day's Eiver to its junction with the south fork ; thence due 35920 south to Crooked Eiver ; thence up Crooked Eiver and tha south 35921 fork thereof to its source ; thence southeasterly to Harney Lake ; 35922 thence northerly to the heads of Malheur and Burnt Elvers ; 35923 thence continuing northerly to the place of beginning. 35924 Article 3, The said tribe agree to remove forthwith to the 35925 reservation designated by the treaty concluded on the 15th of 35926 October, 1864, with the Klamath, Moadoc, and Yahooskiu Snake 35927 Indians, there to remain under the authority and protection of 36928 such Indian agent or other officer as the Government of the 35929 United States may assign to such duty, and no menber of said 35930 tribe shall leave said reservation for any purpose without the 35931 written consent of the agent or superintendent having jurisdic- 35932 tion over said tribe. 35933 Article 4. The said Woll-pah-pe tribe promise to be friendly 35934 with the people of the United States, to submit to the authority 35935 thereof, and to commit no depredations upon the persons or 35936 property of citizens thereof or of other Indian tribes ; and 35937 should any member of said tribe commit any such depredations, 35938 he shall be delivered up to the agent for punishment, and the 35939 property restored. If after due notice the tribe neglect or refuse 35940 to make restitution, or the property is injured or destroyed, 35941 compensation may be made by the Government out of the annui- 35942 ties hereinafter provided. In case of any depredation being 35943 committed upon the person or property of any member of the 36944 aforesaid Woll-pah-pe tribe, it is stipulated that no attempt at 36945 revenge, retaliation, or reclamation shall be made by said tribe; 35946 but the case shall be reported to the agent or superintendent in 35947 charge, and the United States guarantee that such depredation 806 35948 shall be punished in the same manner as if committed against 35949 white persons, and that the property shall be restored to the 35950 owner. 35951 Akticle 5. The said tribe promise to endeavor to induce 35952 the Hoo-ne-boo-ey and Wa-tatkah tribes of Snake Indians to 35953 cease hostilities against the whites ; and they also agree that 35954 they will, in no case, sell any arms or ammunition to them nor 35955 to any other tribe hostile to the United States. 35956 Article 6. The United States agree to expend, for the use 35957 and benefit of said tribe, the sum of five thousand dollars to 35958 enable the Indians to fence, break up, and cultivate a sufficient 35959 quantity of land for their use ; to supply them with seeds, farm- 35960 ing-implements, domestic animals, and such subsistence as may 35961 be necessary during the first year of their residence upon the 35962 reservation. 35963 Article 7. The United States also agree to expend, for the 35964 use and benefit of said tribe, the sum of two thousand dollars 35965 per annum for five years next succeeding the ratification of this 35966 treaty, and twelve hundred dollars per annum for the next ten 35967 years following, the same to be expended under the direction of 35968 the President of the United States for such objects as, in his 35969 judgment, will be beneficial to the Indians, and advance them 35970 in morals and knowledge of civilization. 35971 Article 8. The said tribe, after their removal to the rtser- 35972 vation, are to have the benefit of the services of the physician, 35973 mechanics, farmers, teachers, and other employes provided for 35974 in the treaty of the 15th October, 1864, in common with the 35975 Klamaths, Moadocs, and Yahooskiu Snakes, and are also to 35976 have the use of the mills and school-houses provided for in said 35977 treaty, so far as may be necessary to them, and not to the dis- 35978 advantage of the other tribes ; and, in addition, an interpreter 35979 who understands the Snake language shall be provided by the 35980 Government. Whenever, in the judgment of the President, the 35981 proper time shall have arrived for an allotment of land in sever- 35982 alty to the Indians upon the said reservation, a suitable tract 35983 shall be set apart for each family of the said Woll-pah pe tribe, 35984 and peaceable possession of the same is guaranteed to them. 35985 Article 9. The tribe are desirous of preventing the use of 35986 ardent spirits among themselves, and it is therefore provided 35987 that any Indian who brings liquor on to the reservation, or who 35988 has it in his possession, may, in addition to the penalties affixed 35989 by law, have his or her proportion of the annuities withheld for 35990 such time as the President may determine. 35991 Article 10. This treaty shall be obligatory upon the cou- 35992 tracting parties as soon as the same shall be ratified by the 35993 Senate of the United States. 35994 Proclaimed July 10, 1866. 807 35995 Treaty with the Seminoles. 35996 The Semiuole Indians regarding, with just respect, the so- 3f<997 licitude manifested Iby the President of the United States for 35998 the improvement of tiieir condition, by recommending a remo- 35999 val to a country more suitable to their habits and wants than 3G000 the one they at present occupy in the Territory of Florida, are 3C001 willing that their confidential chiefs, Jumper, Fuck-a-lus-ti-had- 36002 jo, Charley Bmartla, Ooi-had jo, Holati-Emartla, Ya-ha-hadjo, 36003 Sam Jones, accompanied by their agent, Major Phagan, and 36004 their faithful interpreter, Abraham, should be sent at the expense 36005 of the TJnited States, as early as convenient, to examine the 36006 country assigned to the Creeks west of the Mississippi Eiver ; 36007 and should they be satisfied with the character of that country, 36008 and of the favorable disposition of the Creeks to reunite with 36009 the Seminoles as one people, the articles of the compact and 36010 agreement, herein stipulated at Payne's Landing on the Ockle- 36011 waha Eiver, this ninth day of May, one thousand eight hundred 36012 and thirty-two, between James Gadsden, for and in behalf of 36013 the Government of the United States, and the undersigned 36014 chiefs and head men, for and in behalf of the Seminole Indians, 36015 shall be binding on the respective parties. 36016 Article 1. The Seminole Indians relinquish to the United 36017 States all claim to the lands they at present occupy in the Ter- 36018 ritory of Florida, and agree to emigrate to the country assigned 36019 to the Creeks west of the Mississippi Eiver, it being under- 36020 stood that an additional extent of territory, proportioned to 36021 their numbers, will be added to the Creek country, and that the 36022 Seminoles will be received as a constituent part of the Creek 36023 Nation, and be re-admitted to all the priviledges as members of 36024 the same. 36025 Article 2. For and in consideration of the relinquish- 36026 ment of claim in the first article of this agreement, and in full 36027 compensation for all the improvements which may have been 36028 made on the lands thereby ceded, the United States stipulate 36029 to pay to the Seminole Indians, fifteen thousand four hundred 36030 (15,400) dollars, to be divided among the chiefs and warriors of 36031 the several towns in a ratio proportioned to their population, 36032 the respective proportions of each to be paid on their arrival in 36033 the country they consent to remove to; it being understood 36034 that their fathful interpreters, Abraham and Cudjo, shall receive 36035 two hundred dollars each of the above sum, in full remunera- 36036 tion for the improvements to be abandoned on the lands now 36037 cultivated by them. 36038 Article 3. The United States agree to distribute, as they 36039 arrive at their new homes in the Creek territory west of the 36040 Mississippi Eiver, a blanket and a homespun frock to each of 808 36041 the warriors, women, and children of the Seminole tribe of 36042 Indians. 36043 Article 4. The United States agree to extend the annuity 36044 for the support of a blacksmith, provided for in the sixth article 36045 of the treaty at Camp Moultrie, (proclaimed 2d January, 1824 ; 36046 see page 391,) for ten (10) years beyond the period therein 36047 stipulated; and, in addition to the other annuities secured 36048 under that treaty, the United States agree to pay the sum of 36049 three thousand (3,000) dollars a year for fifteen (15) years, com- 36050 mencing after the removal of the whole tribe ; these sums to 36051 be added to the Creek annuities, and the whole amount to be so 36052 divided that the chiefs and warriors of the Seminole Indians 36053 may receive their equitable proportion of the same as members 36054 of the Creek confederation — 36055 Article 5, The United States will take the cattle belong- 36056 iug to the Seminoles at the valuation of some discreet person, to 36057 be appointed by the President, and the same shall be paid for in 36058 money to the respective owners, after their arrival at their new 36059 homes ; or other cattle, such as may be desired, will be furnished 36060 them, notice being given through their agent of their wishes 36061 upon this subject before their removal, that time may be afford- 36062 ed to supply the demand. 36063 Article 6. The Seminoles, being anxious to be relieved 36064 from repeated vexatious demands for slaves and other property, 36065 alleged to have been stolen and destroyed by them, so that they 36066 may remove unembarrassed to their new homes, the United 36067 States stipulate to have the same property investigated, and to 36068 liquidate such as may be satisfactorily established, provided the 36069 amount does not exceed seven thousand (7,000) dollars. 36070 Article 7. The Seminole Indians will remove within three 36071 (3) years after the ratification of this agreement, and the ex- 36072 penses of their removal shall be defrayed by the United States, 36073 and such subsistence shall also be furnished them, for a term not 36074 exceeding twelve (12) months after their arrival at their new 36075 residence, as iu the opinion of the President their numbers and 36076 circumstances may require, the emigration to commence as 36077 early as practicable in the year eighteen hundred and thirty- 36078 three, (1833,) and with those Indians at present occupying the 36079 Big Swamp, and other parts of the country beyond the limits as 36080 defined in the second article of the treaty concluded at Camp 36081 Moultrie Creek, so that the whole of that proportion of the Semi- 36082 noles may be removed withiu the year aforesaid, and the re- 36083 mainder of the tribe in about equal proportions during the sub- 36084 sequent years of eighteen hundred and thirty-four and five, 36085 (1834 and 1835.) 36086 Proclaimed April 12, 1834. 809 36087 Treaty with the Seminole Indians. 36088 Whereas tlie Seminole Eudians of Florida entered iuto cer. 36089 taia articles of agreement with James Gadson, [Gadsden,] cora- 36090 missioner on behalf of the United States, at Payne's Landing, 36091 on the 9th day of May, 1832, (preceding treaty,) the first article 36092 of whick treaty or agreement provides as follows : " The Semi- 36093 nole Indians relinquish to the United States all claim to the 36094 land they at present occupy in the Territory of Florida, and 3G095 agree to emigrate to the country assigned to the Creeks west of 36096 the Mississippi Kiver ; it being understood that an additional 36097 extent of territory portioned to their number will be added to 36098 the Creek country, and that the Seminoles will be received as a 36099 constituent part of the Creek Nation, and be re-admitted to all 36100 the privileges as members of the same ;" and 36101 Whereas the said agreement stipulates and provides that a 36102 delegation of Seminoles should be sent, at the expense of the 36103 United States, to examine the country to be allotted them among 36104 the Creeks, and should this delegation be satisfied with the 36105 character of the country and of the favorable disposition of the 36106 Creeks to unite with them as one people, then the aforemen- 36107 tioned treaty would be considered binding and obligatory upon 36108 the parties; and 36109 Whereas a treaty was made between the United States and 36110 the Creek Indians west of the Mississippi, at Fort Gibson, on 36111 the 14th day of February, 1833, by which a country was provided 30112 for the Seminoles in pursuance of the existing arrangements be- 36113 tween the United States and that tribe ; and 36114 Whereas the special delegation appointed by the Seminoles 36115 on the 9th day of May, 1832, have since examined the land desig- 36116 nated for them by the undersigned commissioners on behalf of 36117 the United States, and have expressed themselves satisfied with 36118 the same in and by their letter dated March, 1833, addressed to 36119 the undersigned commissioners : 36120 Now, therefore, the commissioners aforesaid, by virtue of 36121 the power and authority vested in them by the treaty made with 36122 Creek Indians on the 14th of February, 1833, as above stated, 36123 hereby designate and assign to the Seminole tribe of Indians, 36124 for their separate future residence, forever, a tract of country 36125 lying between the Canadian Eiver and the north fork thereof, 36126 and extending west to where a line running north and south be- 36127 tween the main Canadian and north branch will strike the forks 36128 of Little River, provided said west line does not extend more 36129 than twenty-five miles west from the mouth of said Little River. 36130 And the undersigned Seminole chiefs, delegated as aforesaid, 36131 on behalf of their nation hereby declare themselves well satisfied 102 IT 810 36132 with the location provided for them by the commissioners, and 36133 agree that their nation shall commence the removal to their new 36134 home as soon as the Government will make arrangements for 36135 their emigration satisfactory to the Seminole Nation. 36136 And whereas the said Seminoles have expressed high con- 36137 fidence in the friendship and ability of their present agent, Major 36138 Phagen, and desire that he may be permitted to remove them to 36139 their new homes west of the Mississippi, the commissioners have 36140 considered their request, and cheerfully recommend Major Pha 36141 gen as a suitable person to be employed to remove the Seminoles 36142 as aforesaid, and trust his appointment will be made, not only 36143 to gratify the wishes of the Indians, but as conducive to the pub- 36144 lie welfare. 36145 Proclaimed April 12, 1834. 36146 Treaty letween the United States of America and the Seminole 36147 Nation of Indians^ concluded March 21, 1866; ratification 36148 advised July 19, 1866. 36149 Andkew Johnson, President of the United States of America, 36150 to all and singular to whom these presents shall come, greet- 36151 ing: 36152 Whereas a treaty was made and concluded at the city of 36153 Washington, in the District of Columbia, on the twenty -first day 36154 of March, in the year of our Lord one thousand eight hundred 36155 and sixty-six, by and between Dennis N. Oooley, Elijah Sells, 36156 and Col. Ely S. Parker, commissioners on the part of the United 36157 States, and John Chup co, Cho-cote-haijo, Pos-harjo, and John 36158 F. Brown, chiefs and delegates of the Seminole Indians, on the 36159 part of said Indians, and duly authorized thereto by them, which 36160 treaty is in the words and figures following, to wit : 36161 Articles of a treaty made and concluded at Washigton, D. C, 36162 March 21, A. D. 1866, between the United States Govern- 36163 ment, by its commissioners, D. N. Cooley, Commissioner of 36164 Indian Affairs, Elijah Sells, superintendent of Indian affairs, 36165 and Ely S. Parker, and the Seminole Indians, by their chiefs, 36166 John Chup-co, or Long John, Oho-cote-harjo, Fos-ha[r]-jo, 36167 John P. Brown. 36168 Whereas existing treaties between the United States and 36169 the Seminole Nation are insufficient to meet their mutual neces- 36170 sities; and 36171 Whereas the Seminole Nation made a treaty with the so- 36172 called Confederate States, August 1st, 1861, whereby they threw 36173 off their allegiance to the United States, and unsettled their 36174 treaty relations with the United States, and thereby incurred 811 36175 the liability of forfeiture of all lands and other property held by 36176 grant or gift of the United States ; and 36177 Whereas a treaty of peace and amity was entered into be- 36178 tween the United States and the Seminole and other tribes at 36179 Fort Smith, September 10, 1865, whereby the Seminoles revoked, 36180 cancelled, and repudiated the said treaty with the so-called 36181 Confederate States ; and 36182 Whereas the United States, through its commissioners, in 36183 said treaty of peace promised to enter into treaty with the Semi- 36184 nole Nation to arrange and settle all questions relating to and 36185 growing out of said treaty with the so called Confederate States; 36186 and 36187 Whereas the United States, in view of said treaty of the 36188 Seminole Kation with the enemies of the Government of the 36189 United States, and the consequent liabilities of said Seminole 36190 Nation, and in view of its urgent necessities for more lands in the 36191 Indian Territory, requires a cession by said Seminole Nation of 36192 part of its present reservation, and is willing to pay therefor a 36193 reasonable price, while at the same time providing new andad- 36194 equate lands for them : 36195 Now, therefore, the United States, by its commissioners afore- 36196 said, and the above-named delegates of the Seminole Nation, the 36197 day and year above written, mutually stipulate and agree, on 36198 behalf of the respective parties, as follows, to wit : 36199 Article 1. There shall be perpetual peace between the 36200 United States and the Seminole Nation, and the Seminoles agree 36201 to be and remain firm allies of the United States, and always 36202 faithfully aid the Government thereof to suppress insurrection 36203 and put down its enemies. 36204 The Seminoles also agree to remain at peace with all other 36205 Indian tribes and with themselves. In return for these pledges 36206 of peace and friendship, the United States guarantee them quiet 36207 possession of their country, and protection against hostilities on 36208 the part of other tribes, and, in the event of such hostilities, that 36209 the tribe commencing and prosecuting the same shall make just 36210 reparation therefor. Therefore, the Seminoles agree to a military 36211 occupation of their country at the option and expense of the 36212 United States. 36213 A general amnesty of all past offences against the laws of 36214 the United States, committed by any member of the Seminole 36215 Nation, is hereby declared ; and the Seminoles, anxious for the 36216 restoration of kind and friendly feelings among themselves, do 36217 hereby declare an amnesty for all past oilenses against their 36218 government, and no Indian or Indians shall be proscribed or 36219 any act of forfeiture or confiscation passed against those who 36220 have remained friendly to or taken up arms against the United 812 36221 States, but they sliall enjoy equal privileges with other mem- 36222 bers of said tribe, and all laws heretofore passed inconsistent 36223 herewith are hereby declared inoperative. 36224 Article 2. The Seminole Nation covenant that henceforth 36225 in said nation slavery shall not exist, nor involuntary servitude, 36226 except for and in punishment of crime, whereof the offending 36227 party shall first have been duly convicted in accordance with 36228 law applicable to all the members of said nation. And inas- 36229 much as there are among the Seminoles many persons of Afri- 36230 can descent and blood, who have no interest or property in the 36231 soil, and no recognized civil rights, it is stipulated that hereaf- 36232 ter these persons and their descendants, and such other of the 36233 same race as shall be permitted by said nation to settle there, 36234 shall have and enjoy all the rights of native citizens, and the 36235 laws of said nation shall be equally binding upon all persons, of 36236 whatever race or color, who may be adopted as citizens or mem- 36237 bers of said tribe. 36238 Article 3. In compliance with the desire of the United 36239 States to locate other Indians and freedmen thereon, the Semi- 36240 noles cede and convey to the United States their entire domain, 36241 being the tract of land ceded to the Seminole Indians by the 36242 Creek Kation under the provisions of article first, (1st,) treaty 36243 of the United States with the Creeks and Seminoles, made and 36244 concluded at Washington, D. C, August 7, 1856, (see page 104.) 36245 In consideration of said grant and cession of their lands, esti- 36246 mated at two million one hundred and sixty-nine thousand and 36247 eighty (2,169,080) acres, the United States agree to pay said Sem- 36248 inole Nation the sum of three hundred and twenty-five thou- 36249 sand three hundred and sixty-two ($325,362) dollars, said purchase 36250 being at the rate of fifteen cents per acre. The United States 36251 having obtained by grant of the Creek Nation the westerly half of 36252 their lands, hereby grant to the Seminole Nation the portion thereof 36253 hereafter described, which shall constitute the national domain 36254 of the Seminole Indians. Said lands so granted by the United 36255 States to the Seminole Nation are bounded and described as fol- 36256 lows, to wit: Beginning on the Canadian River where the line di- 36257 viding the Creek lands according to the terms of their sale to the 36258 United States by their treaty of February 6, 1866, following 36259 said line due north to where said line crosses the north fork of 36260 the Canadian River; thence up said north fork of the Canadian 36261 River a distance suflBcient to make two hundred thousand acres 36262 by running due south to the Canadian River; thence down said 36263 Canadian River to the place of beginning. In consideration of 36264 said cession of two hundred thousand acres of land described 36265 above, the Seminole Nation agrees to pay therefor the price of 36266 fifty cents per acre, amounting to the- sum of one hundred thou- 813 36267 sand dollars, which amount shall be deducted from the sum 36268 paid by the United States for Seminole lands under the stipula- 36269 tions above written. The balance due the Seminole Nation after 36270 making said deduction, amounting to one hundred thousand 36271 dollars, the United States agree to pay in the following manner, 36272 to wit : Thirty thousand dollars shall be paid to enable the 36273 Seminoles to occupy, restore, and improve their farms, and to make 36274 their nation independent and self-sustaining, and shall be dis- 36275 tributed for that purpose under the direction of the Secretary . 36276 of the Interior ; twenty thousand dollars shall be paid in like 36277 manner for the purpose of purchasing agricultural Implements, 36278 seeds, cows, and other stock ; fifteen thousand dollars shall be 36279 paid for the erection of a mill suitable to accommodate said 36280 nation of Indians; seventy thousand dollars to remain in the 36281 United States Treasury, upon which the United States shall 36282 pay an annual interest of five per cent.; fifty thousand of said 36283 sum of seventy thousand dollars shall be a permanent school- 36284 fund, the interest of which shall be paid annually and appro- 36285 priated to the support of schools ; the remainder of the seventy 36286 thousand dollars, being twenty thousand dollars, shall remain a 36287 peruianeut fund, the interest of which shall be paid annually for 86288 the support of the Seminole government ; forty thousand three 36289 hundred and sixty-two dollars shall be appropriated and ex- 36290 pended for subsisting said Indians, discriminating in. favor of 36291 the destitute; all of which amounts, excepting the seventy 36292 thousand dollars to remain in the Treasury as a permanent 36293 fund, shall be paid upon the ratification of said treaty, and dis- 36294 bursed in such manner as the Secretary of the Interior may 36295 direct. The balance, fifty thousand dollars, or so much thereof 36296 as may be necessary to pay the losses ascertained and awarded 36297 as hereinafter provided, shall be paid when said awards shall 36298 have been duly made and approved by the Secretary of the Inte- 36299 rior. And in case said fifty thousand dollars shall be insufli- 36300 cient to pay all said awards, it shall be distributed pro rata 36301 to those whose claims are so allowed ; and until said awards 36302 shall be thus paid, the United States agree to pay to said In- 36303 dians, in such manner and for such purposes as the Secretary 36304 of the Interior may direct, interest at the rate of five per cent. 36305 per annum from the date of the ratification of this treaty. 36306 Aktiolb 4. To reimburse such members of the Seminole 36307 Nation as shall be duly adjudged to have remained loyal and 36308 faithful to their treaty relations to the United States during 36309 the recent rebellion of the so-called Confederate States for 36310 the losses actually sustained by them thereby, after the ratifi 36311 cation of this treaty, or so soon thereafter as the Secretary of the 36312 Interior shall direct, he shall appoint a board of commissioners, 814 36313 not to exceed three ia number, who shall proceed to the Seml- 36314 nole country and investigate and determine said losses. Pre- 36315 vious to said investigation the agent of the Seminole Nation 36316 shall prepare a census or enumeration of said tribe, and make a 36317 roll of all Seminoles who did in no manner aid or abet the 36318 enemies of the Government, but remained loyal during said 36319 rebellion; and no award shall be made by said commis- 36320 sioners for such losses unless the name of the claimant ap- 36321 pear on said roll, and no compensation shall be allowed any 36322 person for such losses whose name does not appear on said 36323 roll, unless said claimant, within six months from the date 36324 of the completion of said roll, furnishes proof satisfactory 36325 to said board, or to the Commissioner of Indian Affairs, 36326 that he has at all times remained loyal to the United 36327 States, according to his treaty obligations. All evidence 36328 touching said claims shall be taken by said commissioners, 36329 or any of them, under oath, and their awards made, together 36330 with the evidence, shall be transmitted to the Commissioner of 36331 Indian Ajffairs, for his approval and that of the Secretary of the 36332 Interior. Said commissioners shall be paid by the United States 36333 such compensation as the Secretary of the Interior may direct. 36334 The provisions of this article shall extend to and embrace the 36335 claims for losses sustained by loyal members of said tribe, irre- 36336 spective of race or color, whether at the time of said losses the 36337 claimants shall have been in servitude or not; provided said 36338 claimants are made members of said tribe by the stipulations of 36339 this treaty. 36340 Article 5. The Seminole Nation hereby grant a right of 36341 way through their lands to any company which shall be duly 36342 authorized by Congress, and shall, with the express consent and 36343 approbation of the Secretary of the Interior, undertake to con- 36344 struct a railroad from any point on their eastern to their western 36345 or southern boundary ; but said railroad company, together with 36346 all its agents and employes, shall be subject to the laws of the 36347 United States relating to the intercourse with Indian tribes, and 36348 also to such rules and regulations as may be prescribed by the 36349 Secretary of the Interior for that purpose. And the Seminoles 36350 agree to sell to the United States, or any company duly author- 36351 ized as aforesaid, such lands, not legally owned or occupied by a 36352 member or members of the Seminole Nation, lying along the line 36353 of said contemplated railroad, not exceeding on each side thereof 36354 a belt or strip of land three miles in width, at such price per acre 36355 as may be eventually agreed upon between said Seminole Nation 36356 and the party or parties building said road, subject to the ap- 36357 proval of the President of the United States : Provided, however, 36358 That said land thus sold shall not be reconveyed, leased, or 815 36359 rented to, or be occupied by, aoy one not a citizen of the Semi 36360 nole Nation, according to its laws and recognized usages : Pro- 36361 vided also, That officers, servants, and employes of said railroad 36362 necessary to its construction and management shall not be ex- 36363 eluded from such necessary occupancy, they being subject to the 36364 provisions of the Indian-intercourse laws, and such rules and 36365 regulations as may be established by the Secretary of the lu- 36366 terior; nor shall any conveyance of said lands be made to the 36367 party building and managing said road, until its completion as a 36368 flrst-class railroad and its acceptance as such by the Secretary 36369 of the Interior. 36370 Article 6. Inasmuch as there are no agency buildings 36371 upon the new Seminole reservation, it is therefore further agreed 36372 that the United States shall cause to be constructed, at an ex- 36373 pense not exceeding ten thousand (10,000) dollars, suitable 36374 agency buildings, the site whereof shall be selected by the agent 36375 of said tribe, under the direction of the superintendent of Indian 36376 affairs; in consideration whereof, the Seminole Nation hereby 36377 relinquish and cede forever to the United States one section of 36378 their lands upon which said agency buildings shall be directed, 36379 [erected,] which land shall revert to said nation, when no longer 36380 used by the United States, upon said nation paying a fair value 36381 for said buildings at the time vacated. 36382 Akticle 7. The Seminole Nation agrees to such legislation 36383 as Congress and the President may deem necessary for the better 36384 administration of the rights of person and property within the 36385 Indian Territory : Provided, liowecer, [That] said legislation shall 36386 not in any manner interfere with or annul their present tribal 36387 organization, rights, laws, privileges, and customs. 36388 The Seminole Nation also agree that a general council, con- 36389 sisting of delegates elected by each nation, a tribe lawfully resi- 36390 dent within the Indian Territory, may be annually convened in 36391 said Territory, which council shall be organized in such manner 36392 and possess such powers as are hereinafter described ; 36393 1st. After the ratification of this treaty, and as soon as may 36394 be deemed practicable by the Secretary of the Interior, and prior 36395 to the first session of said council, a census or enumeration of 36396 each tribe lawfully resident in said Territory shall be taken, - 36397 under the direction of the superintendent of Indian affairs, who, 36398 for that purpose, is hereby authorized to designate and appoint 36399 competent persons, whose compensation shall be fixed by the 36400 Secretary of the Interior and paid by the United States. 36.401 2d. The first general council shall consist of one member 36402 from each tribe, and an additional member for each one thousand 36403 Indians, or each fraction of a thousand greater than five hundred, 36404 being members of any tribe lawfully resident in said Territory, 816 36405 and shall be elected by said tribes, respectively, who may assent 36406 to the establishment of said general council; and if none should 36407 be thus formally selected by any nation or tribe, the said nation 36408 or tribe shall be represented in said general council by the chiefs 36409 and head-men of said tribes, to be taken in the order of their 36410 rank, in the same number and proportion as above indicated. 36411 After the said census shall have been taken and completed, the 36412 superintendent of Indian aflEairs shall publish aud declare to 36413 each tribe the number of members of said council to which they 36414 shall be entitled under the provisions of this article; and the 36415 persons so entitled to represent said tribe shall meet at such 36416 time and place as he shall appoint, but thereafter the time and 36417 place of the sessions of said council shall be determined by its 36418 action ; Provided, That no session in any one year shall exceed 36419 the term of thirty days : And provided, That special sessions of 36420 said council may be called by said superintendent whenever, in 36421 his judgment, or that of the Secretary of the Interior, the in- 36422 terest of said tribes shall require. 36423 3d. Said general council shall have power to legislate upon 36424 all rightful subjects and matters pertaining to the intercourse 36425 and relations of the Indian tribes and nations resident in said 36426 Territory; the arrest and extradition of criminals and offenders 36427 escaping from one tribe to another; the administration of jus- 36428 tice between members of the several tribes of said Territory, 36429 and persons other than Indians and members of said tribes or 36430 nations ; the construction of works of internal improvement, and 36431 the common defence ^nd safety of the nation of said Territory. 36432 All laws enacted by said council shall take effect at such time 36433 as may therein be provided, unless suspended by direction of 36434 the Secretary of the Interior or the President of the United 36435 States. No law shall be enacted inconsistent with the Constitu- 36436 tion of the United States, or the laws of Congress, or existing 36437 treaty stipulations with the United States, nor shall said coun- 36438 cil legislate upon matters pertaining to the organization, laws, 36439 or customs of the several tribes, except as herein provided for. 36440 4th. Said cpuncil shall be presided over by the superintend- 36441 ent of Indian affairs, or, in case of his absence for any cause, 36442 the duties of said superintendent enumerated in this article 36443 shall be performed by such person as the Secretary of the In- 36444 terior may direct. 36445 5th. The Secretary of the Interior shall appoint a secretary 36446 of said council, whose duty it shaU be to keep an accurate record 36447 of all the proceedings of said council, and who shall transmit-a 36448 true copy of all such proceedings, duly certified by the superin- 36449 tendent of Indian affairs, to the Secretary of the Interior imme- 36450 diately after the session of said council. He shall be paid out 817 36451 of the Treasury of the United States an anuual salary of five 36452 hundred dollars. 36453 6th. The members of said council shall be paid by the 36454 United States the sum of four dollars per diem during the time 36455 actually in attendance upon the sessions of said coucil, and at 36456 the rate of four dollars for every twenty miles necessarily 36457 travelled by them in going to said council and returning to their 36458 homes, respectively, to be certified by the secretary of the said 36459 council and the sup[erintenden]t of Indian affairs. 36460 7th. The Seminoles also agree that a court or courts may be 36461 establishedin said Territory, with such jurisdiction and organized 36462 in such manner as Congress may by law provide. 36463 Article 8. The stipulations of this treaty are to be a full 36464 settlement of all claims of said Seminole ISTation for damages 36465 and losses of every kind growing out of the late rebellion, and 36466 all expenditures by the United States of annuities in clothing 36467 and feeding refugee and destitute Indians since the diversion of 36468 annuities for that purpose, consequent upon the late war with 36469 the so-called Confederate States ; and the Seminoles hereby rat- 36470 ify and confirm all such diversions of annuities heretofore made 36471 from the funds of the Seminole Nation by the United States. "36472 And the United States agree that no annuities shall be diverted 36473 from the object for which they were originally devoted by treaty 36474 stipulations with the Seminoles, to the use of refugee and desti- 36475 tute Indians, other than tlie Seminoles or members of the Semi- 36476 nole Nation, after the close of the present fiscal year, June thir- 36477 tieth, eighteen hundred and sixty-six. 36478 Article 9. The United States reaffirms and reassumes all 36479 obligations of treaty stipulations entered into before the treaty 36480 of said Seminole Nation with the so-called Confederate States, 36481 August first, eighteen hundred and sixty-one, not inconsistent 36482 herewith; and further agree to renew all payments of annuities 36483 accruing by force of said treaty stipulations from and after the 36484 close of the present fiscal year, June thirtieth, in the year of 36485 our Lord one thousand eight hundred and sixty-six, except as is 36486 provided in article eight, (viii.) 36487 Article 10. A quantity of land not exceeding six hundred 36488 and forty acres, to be selected according to legal subdivisions, 36489 in one body, and which shall include their improvements, is 36490 hereby granted to every religious society or denomination which 36491 has erected, or which, with the consent of the Indians, may 36492 hereafter erect, buildings within the Seminole country for mis- 36493 sionary or educational purposes; but no land thus granted, nor 36494 the buildings which have been or may be erected thereon, shall 36495 ever be sold or otherwise disposed of except with the consent 36496 and approval of the Secretary of the Interior. And whenever 36497 any such land or buildings shall be so sold or disposed of, the 103 I T 818 36498 proceeds thereof sliall be applied, under the direction of the 36499 Secretary of the Interior, to the support and maintenance o 36500 other similar establishments for the benefit of the Seminoles 36501 and such other persons as may be, or may hereafter become, 36502 members of the tribe according to its laws, customs, and usages. 36503 Article 11. It is further agreed that all treaties heretofore 36504 entered into between the United States and the Seminole Nation, 36505 which are inconsistent with any of the articles or provisions of 36506 this treaty, shall be, and are liereby, rescinded and annulled. 36507 Proclaimed August 16, 1800. 36508 SENEGAS. 36509 Contract entered into, under the sanction of the United States of 36510 America, between Robert Morris and the Senelca Nation of 36511 Indians. 36512 This indenture, made the fifteenth day of September, in the 36513 year of our Lord one thousand seven hundred and ninety-seven, 36514 between the sachems, chiefs, and warriors of the Seneka Nation 36515 of Indians, of the first part, and Eobert Morris, of th& city of 36516 Philadelphia, esquire, of the second part : 36617 Whereas the Commonwealth of Massachusetts have granted, 36518 bargained, and sold unto the said Eobert Morris, his heirs and 36519 assigns, forever, the pre-emptive right, and all other the right, 36520 title, and interest, which the said Commonwealth had to all that 36521 tract of land hereinafter particularly mentioned, being part of a 36522 tract of land lying within the State of New York, the right of 36523 pre-emption of the soil whereof, from the native Indians, was 36524 ceded and granted by the said State of New York to the said 36525 Commonwealth ; and 36526 Whereas at a treaty held under the authority of the United 36527 States, with the said Seneka Nation of Indians, at Genesee, in 36528 the county of Ontario, and State of New York, on the day of 36529 the dale of these presents, and on sundry days immediately prior 36530 thereto, by the honorable Jeremiah Wadsworth, esquire, a com- 36531 missioner appointed by the President of the United States to 26532 hold the same, in pursuance of the Constitution and of the act 36533 of the Congress of the United States in such case made and pro- 36534 vided, it was agreed, in the presence and with the approbation 36535 of the said commissioner, by the sachems, chiefs, and warriors 36536 of the said nation of Indians, for themselves and in behalf of their 36537 nation, to sell to the said Eobert Morris, and to his heirs and 36538 assigns, forever, all their right to all that tract of land above 36539 recited, and hereinafter particularly specified, for the sum of one 36540 hundred thousand dollars, to be by the said Eobert Morris vested 819 36541 in tlie stock of the Bank of the United States, and held in the 36542 name of the President of the United States, for the use and be- 36543 hoof of the said nation of Indians, the said agreement and sale 36544 being also made in the presence, and with the approbation, of 36545 the honorable William Shepard, esqnire, the superintendent ap- 36546 pointed for such purpose, in pursuance of a resolve of the gen- 36547 eral court of the Commonwealth of Massachusetts, passed the 36548 eleventh day of March, in the year of onr Lord one thousand 36549 seven hundred and ninety-one : 36550 Now this indenture witnesseth, Tliat the said parties of 36551 the first part, for and in consideration of the premises above 36552 recited, and for divers other good and valuable cbnsidera- 36553 tions them thereunto moving, have granted, bargained, sold, 36554 aliened, released, enfeoffed, and confirmed; and by these 36555 presents do grant, bargain, sell, alien, release, enfeoff, and 36556 confirm unto the said i)arty of the second part, his heirs and 36557 assigns, forever, all that cert lin tract of land, except as is herein- 36558 after excepted, lying within the county of Ontario, and State of 36559 New York, being part of a tract of land the right of pre-einp- 36560 tion whereof was ceded by the State of New York to the Ooni- 36561 monwealth of Massachusetts, by deed of cession executed at 36562 Hartford, on the sixteenth day of December, in the year of our 36563 Lord one thousand seven hundred and eighty six, being all such 36564 part thereof as is not included in the Indian purchase made by 36565 Oliver Phclphs and Nathaniel Gorhain, and bounded as follows, 36566 to wit : easterly, by the land confirmed to Oliver Phelps and 36567 Nathaniel Gorhani by the legislature of the Commonwealth of 36568 Massachusetts, by an act passed the tweuty-flrst day of Novem- 36569 ber, in the year of our Lord one thousand seven hundred and 36570 eighty-eight; southerly, by the north boundary -line of the State 36571 of Pennsylvania; westerly, partly by a tract of land, part of 36572 the land ceded by the State of Massachusetts to the United 36573 States, and by them sold to Pennsylvania, being a right-angled 36574 triangle, whose hypothenuse is in or along the shore of Lake 36575 Erie ; partly by Lake Erie, from the northern point of that tri- 36576 angle to the southern bounds of a tract of land one mile in 36577 width, lying on and along the east side of the Strait of Niagara, 36578 and partly by the said tract to Lake Ontario ; and on the north 36579 by the boundai'y-line between the United States and the King 36580 of Great Britain ; excepting, nevertheless, and always reserving 36581 out of this grant and conveyance, all such pieces or parcels of 36582 the aforesaid tract, and such privileges thereunto belonging, as 36583 are next hereinafter particularly mentioned, which said pieces 36584 or parcels of land so excepted are, by the parties to these pres- 36585 ents, clearly and fully understood to remain the property of the 36586 said parties of the first part, in as full and ample manner as if 820 36587 these presents had not been executed ; that is to say, excepting 36588 aiid reserving to them, the said parties of the first part, and 36589 their nation, one piece or parcel of the aforesaid tract, at Cana- 36590 wagus, of two square miles, to be laid out in such manner as to 36591 include the village, extending in breadth one mile along the 36592 river ; one other piece or parcel at Big Tree, of two square 36593 miles, to be laid out in such manner as to include the village, 36594 extending in breadth along the river one mile ; one other piece 36595 or parcel of two square miles at Little Beard's town, extending 36596 one mile along the river, to be laid oif in such manner as to in- 36597 elude the village; one other tract of two square miles, at 36598 Squawky Hill, to be laid off as follows, to wit : one square mile 36599 to be laid off along the river, in such manner as to include the 36600 village, the other directly west thereof and contiguous thereto ; 36601 one other piece or parcel at Gardeau, beginning at the mouth of 36602 Steep-Hill Creek,thence due east until itstrikes the old path,thence 36603 south until a due west line will intersect with certain steep rocks 36604 on the west side of Genesee Eiver, then extending due west, due 36605 north, and due east, until it strikes the first-mentioned bound, 36606 enclosing as much land on the west side as on the east side of the 36607 river. One other piece or parcel at Kaounadeau, extending in 36608 length eight miles along the river and two miles in breadth. One 36609 other piece or parcel at Cataraugos, beginning at the mouth of the 36610 Eighteen-Mile or Koghquaugu Creek, thence a line or lines to be 36611 drawn parallel to Lake Erie at the distance of one mile from thelake 36612 to the mouth of Cataraugos Creek, thence a line or lines extend- 36613 ing twelve miles up the north side of said creek at the distancj 36614 of one mile therefrom ; thence a direct line to the said creek ; 36615 thence down the said creek to Lake Erie ; thence along the lake 33616 to the first-mentioned creek, and thence to the place of begin- 36617 uing. Also one other piece at Cataraugos, beginning at the 36618 shore of Lake Erie on the south side of Cataraugos Greek, at the 36619 distance of one mile from the mouth thereof ; thence running 36620 one mile from the lake; thence on aline parallel thereto to a 36621 point within one mile from the Connondauweyea Creek ; thence 36622 up the said creek one mile on a line parallel thereto ; thence on 36623 a direct line to the said creek ; thence down the same to Lake 36624 Erie ; thence along the lake to the place of beginning. . Also 36625 one other piece or parcel of forty-two square miles at or near the 36626 AUegenny Eiver. Also, two hundred square miles to be laid off 36627 partly at the Buffalo and partly at the Tannawanta Creeks. 36628 Also, excepting and reserving to them, the said parties of the 36629 first part, and their heirs, the privilege of fishing and hunting 36630 on the said tract of land hereby intended to be conveyed. And 36631 it is hereby understood by and between the parties to these 36632 presents that all such pieces or parcels of land as are hereby 821 36633 reserved, aud are not particularly described as to the mauuer ia .36634 •which tlie same are to be laid off, shall be laid off iu such man- 36635 ner as shall be determined by the sachems and chiefs residing 36636 at or near the respective villages where such reservations are 36637 made, a particular note whereof to be endorsed on the back of 36638 this deed and recorded therewith, together with all and singular 36639 the rights, privileges, hereditaments, and appurtenances there- 36640 unto belonging or in anywise appertaining. And all the estate, 36641 right, title, and interest, whatsoever, of them, the said parties 36642 of the first part, and their nation, of, in, and to the said tract of 36643 land above described, except as is above excepted, to have and 36644 to hold all and singular the said granted premises, with the ap- 36645 purtenances, to the said party of the second part, his heirs, and 3664G assigns, to his and their j)roper use, benefit, and behoof forever. 36647 Concluded September 15, 1797. 36648 This indenture, made the thirtieth day of June, in the year of our 36649 Lord one thousand eight hundred and two, between the sachems^ 36650 chiefs, and warriors of the Seneca Nation of Indians, of the 36651 first part, and Wilheni Willinlc, Pieter Van Ueghen, Hendrik 36652 Vollenhoven, W. WillinTc, the younger ; I. Willinlc, the younger, 36653 {sonofJan ;) Jan Oabriel Van 8taphorst, Boelof Van Staphorst, 36654 the younger ; Cornells Vollenhoven, and Hendrilc Seye, all of 36655 the city of Amsterdam and republic of Batavia, by Joseph JElli- 36656 cott, esquire, their agent and attorney, of the second part. 36657 Whereas at a treaty held under the authority of the United 36658 States with the said Seneca Nation of Indians, at Buffalo Greek, 36659 in the county of Ontario, and State of New York, on the day of 36660 the date of these presents, by the honorable John Taylor, esquire, 36661 a commissioner appointed by the President of the United States 36662 'to hold the same, in pursuance of the Constitution and of the 36663 act of the Congress of the United States in such case made and 36664 provided, a convention was entered into, in the presence and 36665 with the approbation of the said commissioner, between the said 36666 Seneca Nation of Indians and the said Wilhem Willink, Pieter 36667 Van Eeghen, Hendrik Yollenhoven, W. Willink, the younger; 36668 I. Willink, the younger, (son of Jan;) Jan Gabriel. Van Sta- 36669 phorst, Roelof Van Staphorst, the younger ; Cornells Vollen. 36670 hoven, and Hendrik Seye, by the said Joseph Ellicott, their 36671 agent and attorney, lawfully constituted and appointed for that 36672 purpose : 36673 Now this indenture wituesseth that the said parties of the 36674 first part, for and in consideration of the lauds hereinafter de- 36675 scribed, do hereby exchange, cede, and forever quit-claim, to the 822 36676 said parties of the second part, tlieir heirs and assigns, all those 36677 lands situate, lying and being in the county of Ontario and 36678 State of New York, being part of the lands described and re- 36679 served by the said parties of the first part, in a treaty or con- 36680 veution held by the honorable Jeremiah Wadsworth, esquire, 36681 under the authority of the United States, on the Genesee Eiver, 36682 the 15th day of September, one thousand seven hundred and 36683 ninety-seven, in words following, viz : 36684 " Beginning at the mouth of the Eighteen-Mile or Kogh- 36685 quaw-gu Creek, thence a line or lines to be drawn parallel to 36686 Lake Erie, at the distance of one mile from the lake, to the 36687 mouth of Cataraugos Creek ; thence a line or lines extending 36688 twelve miles up the north side of said creek, at Ihe distance of one 36689 mile therefrom ; thence a direct line to the said creek; thence down 36690 the said creek to Lake Erie ; thence along the lake to the first- 3G691 mentioned creek, and thence to the place of beginning. Also, 36692 one other piece, at Cataraugos, beginning at the shore of Lake 36693 Erie, on the south side of Cataraugos Creek, at the distance of 36694 one mile from the mouth thereof; thence running one mile from 36695 the lake ; thence on a line parallel thereto to a point within one 36696 mile from the Con-non-dau-we-gea Creek ; thence up the said 36697 creek one mile on a line parallel thereto ; thence on a direct line 36698 to the said creek ; thence down the same to Lake Erie ; thence 36699 along the lake to the place of beginning ;" reference being there- 36700 unto had will fully appear. Together with all and singular the 36701 rights, privileges, hereditaments, and appurtenances thereunto 36702 belonging or in anywise appertaining; and all the estate, right, 36703 title, and interest whatsoever of ihem, the said parties of the 36704 first part, and their nation, of, in, and to the said tracts of land 36705 above described, to have and to hold all and singular the said 36706 granted premises, with the appurtenances, to the said parties of 36707 the second part, their heirs and assigns, to their only proper 36708 use, benefit, and behoof forever. 36709 And in consideration of the said lands described and ceded 36710 as aforesaid, the said parties of the second part, by Joseph Elli- 36711 cott, their agent and attorney as aforesaid, do hereby exchange, 36712 cede, release, and quit-claim to the said parties of the first part, 36713 and their nation, (the said parties of the second part reserving 36714 to themselves the right of pre-emption,) all that certain tract or 36715 parcel of land situate as aforesaid. Beginning at a post marked 36716 No. 0, standing on the bank of Lake Erie, at the mouth of 36717 Cataraugos Creek, and on the north bank thereof; thence along 36718 the shore of said lake K 11° E. 21 chains ; N. thirteen degrees 36719 east 45 chains ; N. 19° E. 14 chains 65 links to a post ; thence 36720 east 119 chains to a post; thence south 14 chains 27 links to a 36721 post ; thence east 640 chains to a post standing in the meridian 823 36722 between the 8tb and 9tli ranges; thence along said meridian 36723 south 617 chains 75 links, to a post standing on the south bank 36724 of Cataraugos Creek ; thence west 160 chains to a post ; thence 36725 north 290 chains 25 links to a post; thence west 482 chains 31 36726 links to a post; thence north 219 chains 50 links to a post 36727 standing on the north bank of Cataraugos Creek ; theuce down 36728 the same and along the several meanders thereof to the place of 36729 beginning. To hold to the said parties of the first part in the 36730 same manner and by the same tenure as tbe lands reserved by 36731 the said parties of the first part in and by the said treaty or 36732 convention entered into, on Genesee River, the 15th day of Sep- 36733 tember, one thousand seven hundred and ninety-seven, as afore- 36734 said, were intended to be held. 36735 Proclaimed January 12, 1803. 36736 At a treaty held under the authority of the United States at Buffalo 36737 Creelc, in the county of Ontario, and State of New Yorlc, he- 36738 tioeen the sachems, chiefs, and warriors of the Seneca Nation 36739 of Indians, on behalf of said nation, and Oliver Phelps, esq., 36740 of the county of Ontario, Isaac Bronson, esq., of the city of 36741 Neio York, and Horatio Jones, of the said county of Ontario, 36742 in the presence of John Tayle'r, esq., commissioner appointed 36743 hy the President of the United States for holding said treaty. 33744 Kiiow all men by these presents that the said sachems, 35745 chiefs, and warriors, for and in consideration of the sum of 36746 twelve hundred dollars, lawful money of the United States, unto 36747 them in hand paid by the said Oliver Phelps, Isaac Bronson, 36748 and Horatio Jones, at or immediately before the sealing and de- 36749 livery hereof, the receipt whereof is hereby acknowledged, have 36750 and by these presents do grant, remise, release, and forever 36751 quit-claim and confirm unto the said Oliver Phelps, Isaac Bron- 36752 son, and Horatio Jones, aud to their heirs and assigns , all that 36753 tract of land commonly called and known by the name of Little 36754 Beard's reservation, situate, lying, and being in the said county 36755 of Ontario, bounded on the east by the Genesee River and 36756 Little Beard's Creek, on the south and west by other lands of 36757 the said parties of the second part, and on the north by Big 36758 Tree reservation, containing two square miles, or twelve hun- 36759 dred and eighty acres, together with all and singular the here- 30760 ditaments and appurtenances whatsoever thereunto belonging, 36761 or in anywise appertaining, to hold to them, the said Oliver 36762 Phelps, Isaac Bronson, and Horatio Jones, their heirs and as- 36763 signs, to the only proper use and behoof of them, the said Oliver 36764 Phelps, Isaac Bronson, and Horatio Jo,nes, their heirs and as- 36765 signs forever. 36706 Proclaimed February 7, 1803. 824 36767 Articles of a treaty made and concluded at Buffalo Greek, in the 36768 State of New Yorlc, on the twentieth, day of May, in the year 36769 one thousand eight hundred and forty-tico, hetween the United 36770 States of America, acting herein by Amhrose Spencer, their com- 36771 missioner, thereto diily authorized, on the one part, and the 36772 chiefs, head-men, and warriors of the Seneca Nation of Indians, 36773 didy assembled in council, on tlie other part. 36774 Whereas a treaty was heretofore coacluded and made be- 36775 tween the said United States and the chiefs, head-men, and war- 36776 riors of the several tribes of New York Indians, dated the flf- 36777 teenth day of January, in the year one thousand eight hundred 36778 and thirty-eight, which treaty having been afterwards amended, 36779 was proclaimed by the President of the United States on the 36780 fourth of April, one thousand eight hundred and forty, to have 36781 been duly ratified ; and, (see page 548,) 36782 Whereas on the day of making this treaty, and bearing 36783 even date herewith, a certain indenture was made, executed, and 36784 concluded by and between the said Seneca Nation of Indians and 36785 Thomas L. Ogden and Joseph Fellows, assignees under the State 36786 of Massachusetts, in the presence and with the approbation of 36787 a commissioner appointed by the United S,tates, and in the pres- 36788 ence and with the approbation of Samuel Hoare, a superintend- 36789 ent on the part of the Commonwealth of Massachusetts, which 36790 indenture is in the words and figures following, to wit : 36791 "This indenture, made and concluded between Thomas 36792 Ludlow Ogden, of the city of New York, and Joseph Fellows, of 36793 Geneva, in the county of Ontario, of the one part, and the chiefs 36794 and head-men of the Seneca Nation of Indians on the other part, 36795 at a council duly assembled and held at Buffalo Creek, in the 36796 State of New York, on the twentieth day of May, in the year one 36797 thousand eight hundred and forty-two, in the presence of Samuel 36798 Hoare, the superintendent thereto authorized and appointed by 36799 and on the part of the Commonwealth of Massachusetts, and of 36800 Ambrose Spencer, a commissioner thereto duly appointed and 36801 authorized on the part of the United States. 36802 " Whereas at a council held at Buffalo Creek on the fifteenth 36803 day of January, in the year one thousand eight hundred and 36804 thirty-eight, an indenture of that date was made and executed 36805 by and between the parties to this agreement, whereby the chiefs 36806 and head-men of the Seneca Nation of Indians, for the consider- 36807 ation of two hundred and two thousand dollars, did grant, bar- 36808 gain, release, and confirm unto the said Thomas Ludlow Ogden 36809 and Joseph Fellows all those four several tracts of land situate 36810 within the State of New York, then and yet occupied by the said 36811 nation, or the people thereof, severally described in the said in- 36812 denture as the Buffalo Creek reservation, containing by estima- 825 36813 tion forty-nine thousand nine hundred and twenty acres of land ; 36814 the Cattaraugus reservation, containing by estimation twenty- 36815 one thousand six hundred and eighty acres of land ; the Allegany 36816 reservation, containing by estimation thirty thousand four hun- 36817 dred and sixty-nine acres of land ; and the Tonnewanda reserva- 36818 tion, containing by estimation twelve thousand eight hundred 36819 acres of land ; a duplicate of which indenture was annexed to a 36820 treaty of the same date made between the United States of 36821 America and the chiefs, head-men, and warriors of the several 36822 tribes of New York Indians assembled in council, which treaty 36823 was amended and proclaimed by the President of the United 36824: States on the fourth of April, one thousand eight hundred and 36825 forty, as having been duly ratified, as by the said indenture, 36826 treaty, and proclamation more fully appear; and 36827 "Whereas divers questions and differences having arisen 36828 between the chiefs and head-men of the Seneca Nation of 36829 Indians, or some of them, and the said Thomas Ludlow Ogden 36830 and Joseph Fellows in relation to the said indenture, and the 36831 rights of the parties thereto, and the provisions contained in the 36832 said indenture being still unexecuted, the said parties have mu- 36833 tually agreed to settle, compromise, and finally terminate all 36834 such questions and differences on the terms and conditions here- 36835 inafter specified : 36836 "Now, therefore, it is hereby mutually declared and agreed 36837 by and between the said parties as follows : 36838 "Article 1. The said Thomas Ludlow Ogden and Joseph 36839 Fellows, in consideration of the release and agreements herein- 36840 after contained, on the part of the said Seneca Nation, do on 36841 their part consent, covenant, and agree that they, the said nation, 36842 (the said indenture notwithstanding,) shall and may continue in 36843 the occupation and enjoyment of the whole of the said two sev- 36844 eral tracts of land called the Cattaraugus reservation and the 36845 Allegany reservation," with the same right and title in all things 36846 as thej' had and possessed therein immediately before the date 36847 of the said indenture, saving and reserving to the said Thomas 36848 Ludlow Ogden and Joseph Fellows the right of pre-emption, and 36849 all other the right and title which they then had or held in or 36850 to the said tracts of land. 36851 " Article 2. The chiefs and head-men of the Seneca Na- 36852 tion of Indians, in consideration of the foregoing, and of the 36853 agreement next hereinafter contained, do on their part grant, 36854 release, and confirm unto the said Thomas Ludlow Ogden and 36855 Joseph Fellows, and to their heirs and assigns, in joint tenancy, 36856 the whole of the said two tracts of land severally called the 36857 Buffalo Creek reservation and the Tonnewanda reservation, 36858 and all the right and interest therein of the said nation, 104 I T 826 36859 , "Article 3. It is mutually agreed between the parlies 36860 hereto, that in lieu of the sum expressed in the said indenture, as 36861 the consideration of the sale and release of the said four tracts 36862 of land, there shall be paid to the said nation a just considera- 36863 tion sum for the release of the two tracts hereby confirmed to 35864 the said Ogden and Fellows, to be estimated and ascertained as 36865 follows. 36866 "The present value of the Indian title to the whole of the 36867 said four tracts of land, inclnding the ImproYcments thereon, 36868 shall for all the purposes of this present compact be deemed and 36869 taken to be two hundred and two thousand dollars, of which 36870 sum one hundred thousand dollars shall be deemed to be the 36871 value of such title in and to all the lands within the said four 36872 tracts, exclusive of the improvements thereon, and one hundred 36873 and two thousand dollars to be the value of all the improvements 36874 within the said four tracts ; and of the said sum of one hundred 36875 thousand dollars, the said Ogden and Fellows shall pay to the 36876 Seneca Kation such proportion as the value of all the lands 36877 within the said two tracts ; called the Buffalo Creek and Tonne- 36878 wanda reservations, shall bear to the value of all the lauds 36879 within all the said four tracts ; and of the said sum of one hun- 36880 dred and two thousand dollars, the said Ogden and Fellows 36881 shall pay such proportion as the value of the improvements on 36882 the same two tracts shall bear to the value of the improvements 36883 on all the said four tracts. 36884 "Aeticlk 4. The amount of the consideration monies to be 36885 paid in pursuance of the last preceding article shall be deter- 36886 mined by the judgment and award of arbitrators, one of whom 36887 shall be named by the Secretary of the "War Department of the 36888 United States, and one by the said Ogden and Fellows ; which 36889 arbitrators, in order to such judgment and award, and to the 36890 performance of the other duties hereby imposed on them, may 36891 employ suitable surveyors to explore, examine, and report on 36892 the value of the said lands and improvements, and also to ascer- 36893 tain the contents of each of the said four tracts, which contents 36894 shall govern the arbitrators, as to quantity in determining the 36895 amount of the said consideration money. 36896 " The same arbitrators shall also award and determine the 36897 amount to be paid to each individual Indian out of the sum 36898 which, on the principles above stated, they shall ascertain and 36899 award to be the proportionate value of the improvements on the 36900 said two tracts called Buffalo Creek reservation and the Tonne 36901 wanda reservation ; and in case the said arbitrators shall dis- 36902 agree as to any of the matters hereby submitted to them, they 36903 may choose an umpire, whose decision thereon shall be final and 36904 conclusive; and the said arbitrators shall make a report in 827 36905 writing of their proceedings ia duplicate, such reports to be 36906 acknowledged or proved according to the laws of the State of 3C907 New York, in order to their being recorded, one of such reports 36908 to be filed in the oflBce of the Secretarj' of the Department of 36909 War, and the other thereof to be delivered to the said Thomas 36910 L. Ogden and Joseplr Fellows. 36911 "Article 5. It is agreed that the possession of the two 369X2 parts hereby confirmed to the said Ogden and Fellows shall be 36913 surrendered and delivered up to them, as follows, viz: The for- 36914 est or unimproved lands on the said tracts, within one month 36915 after the report of the said arbitrators shall be filed in the ofBce 36916 of the Department of War, and the improved lands within two 36917 years after the said report shall have been so filed : Provided 36918 always, That the amount to be so ascertained and awarded as 36919 the proportionate value of the said improvements, shall, on the 36920 surrender thereof, be paid to the President of the United States, 36921 to be distributed among the owners of the said improvements 36922 according to the determination and award of the said arbitra- 36923 tors in this behalf: And provided further, That the consideration 36924 for the release and conveyance of the said lands shall at the 36925 time of the surrender thereof be paid or secured to the satisfac- 36926 tion of the sjiid Secretary of the War Department, the income 36927 of which is to be paid to the said Seneca Indians annually. 36928 " But any Indian having improvements may surrender the 36929 same and the land occupied by him and his family at any time 36930 prior to the expiration of the said two years, upon the amount 36931 awarded to him for such imj)rovements being paid to the Presi- 36932 dent of the United States or any agent designated by him for 36933 that purpose by the said Ogden and Fellows, which amount shall 36934 be paid over to the Indian entitled to the same, under the direc- 36935 tions of the War Department. 36936 "Article 6. It is hereby agreed and declared to be the 36937 understanding and intent of the parties hereto, that such of the 36938 said Seneca Nation as shall remove from the State of New York 36939 under the provisions of any treaty made or to be made between 36940 the United States and the said Indians, shall be entitled in pro- 36941 portion to their relative numbers to the funds of the Seneca 36942 Nation, and that the interest and income of such their share and 36943 proportion of the said funds, including the consideration money 36944 to be paid to the said nation in pursuance of this indenture, and 36945 of all annuities belonging to the said nation, shall be paid to the 36946 said Indians so removing at their new homes ; and whenever 36947 the said tracts called the Allegheny and the Cattaraugus reserva- 36948 tions, or any part thereof, shall be sold and conveyed by the 36949 Indians remaining in the State of New York, the Indians so re- 36950 moving shall be entitled to share in the proceeds of said sales in 828 36951 the like proportion. And it is further agreed and declared that 36952 such Indians owning improvements in the Cattaraugus and 36953 Alleghany tracts as maj' so remove from the State of New York 36954 shall be entitled on such removal, and surrendering their ini- 36955 provements to the Seneca Nation for the benefit of the nation, to 36956 receive the like compensations for the same, according to their 36957 relative values, as in the third and fourth articles of this treaty 36958 are stipulated to be paid to the owners of improvements ire the 36959 Buffalo Creek and Tonnewanda tracts on surrendering their im- 36960 provements, which compensations may be advanced by the 36961 President of the United States out of any funds in the hands of 36362 the Government of the United States belonging to the Seneca 36963 Nation, and the value of these improvements shall be ascertained 36964 and reported by the arbitrators to be appointed in pursuance of 36965 the fourth article. 36966 "Article 7. This indenture is to be deemed to be in lieu 30967 of and as a substitute for the above-recited indenture made and 36968 dated the fifteenth day of January, one thousand eight hundred 36969 and thirty-eight, so far as the provisions of the two instruments 36970 may be inconsistent or contradictory, and the said indenture, so 36971 far as the same may be inconsistent with the provisions of this 36972 compact, is to be regarded and is hereby declared to be rescinded 36973 and released. 36974 "Akticle 8. All the expenses attending the execution of this 36975 indenture and compact, including those of the arbitration and 36976 surveys hereinbefore referred to, and also those of holding the 36977 treaty now in negotiation between .the United States and the 36978 said Seneca Nation, except so far as may be provided for by the 36979 United States, shall be advanced and paid by the said Ogden 36980 and Fellows. 36981 "Article 9. The parties to this compact mutually agree to 36982 solicit the influence of the Government of the United States to 36983 protect such of the lands of the Seneca Indians, within the State 36984 of New York, as may from time to time remain in their possession 36985 from all taxes, and assessments for roads, highways, or any other 36986 purpose until such lands shall be sold and conveyed by the said 36987 Indians, and the possession thereof shall have been relinquished 36988 by them. 36989 " In witness whereof the parties to these presents have here- 36990 unto, and to three other instruments of the same tenor and date, 36991 one to remain with the United States, one to remain with the 36992 State of Massachusetts, one to remain with the Seneca Nation 36993 of Indians, and, one to remain with the said Thomas Ludlow 36994 Ogden and Joseph Fellows, interchangeably set their hands and 36995 seals the day and year first above written : " 36996 Therefore, taking into consideration the premises, it is agreed 829 36997 and' stipulated, by and between the United States of America 36998 and the Seneca Nation of Indians, as follows, to wit: 36999 First. The United States of America consent to the several 37000 articles and stipulaitions contained in the last-recited indenture 37001 between the said nation and the said Thomas Ludlow Ogden 37002 and Joseph Fellows, above set forth. 37003 Second. The United States further consent and agree that 37004 any number of the said nation who shall remove from the State 37005 of I^ew York under the provisions of the above-mentioned 37006 treaty, proclaimed as aforesaid on the fourth day of April, one 37007 thousand eight hundred and forty, shall be entitled, in pro- 37008 portion to their relative numbers, to all the benefits of the said 37009 treaty. 37010 . Third. The United States of America further consent and 37011 agree that the tenth article of said treaty, proclaimed as aforesaid 37012 on the fourth day of April, one thousand eight hundred and 37013 forty, be deemed and considered as modified in conformity with 37014 the provisions of the indenture hereinabove set forth, so far as 37015 that the United States will receive and pay the sum stipulated 37016 to be paid as the consideration money of the improvements 37017 therein specified, and will receive, hold, and apply the sum to be 37018 paid, or the securities to be given for the lands therein mentioned, 37019 as provided for in such indenture. 37020 Proclaimed August 26, 1842. 37021 SENEGAS, TONNE WAND A BAND. 37022 Treaty between the United States and the Tonaicanda band of Seneca 37023 Indians, concluded at the meeting-lwuse on the Tonawanda 37024 reservation, November 5, 1857 ; supplementary articles con- 37025 eluded at the same time and place ; ratified by the Senate June 37026 4, 1858. 37027 James Buchanan, President of the United States of America, 37028 to all and singular to whom these presents shall come, 37029 greeting: 37030 Whereas a treaty was made and concluded at the meeting- 37031 house on the Tonawanda reservation, in the county of Genesee, 37032 and State of New York, on the fifth day of November, one 37033 thousand eight hundred and fifty-seven, by Charles E. Mix, as 37034 commissioner on behalf of the United States, and the following 37035 persons, viz : Jabez Ground, Jesse Spring, Isaac Shanks, George 37036 Sky, and Ely S. Parker, duly authorized thereunto by the Tona- 37037 wanda band of Seneca Indians, which treaty is in the following 37038 words, to wit : 830 3/039 Articles of agreement and convention made this fifth day of 37040 November, in the year one thousand eight hundred and 37041 fifty-seven, at the meeting-house on the Tonawanda reser- 37042 vation, in the county of Genesee, and State of New York, -37043 between Charles E. Mix, commissioner on behalf of the 37044 United States, and the following iiersons, duly authorized 37045 thereto by the Tonawanda band of Seneca Indians, viz : 37046 Jabez Ground, Jesse Spring, Isaac Shanks, George Sky, 37047 and Ely S. Parker. 37048 Whereas a certain treaty was heretofore made between the 37049 Six Nations of New- York Indians and the United States on the 37050 15th day of January, 1838, (see page 548,) and another between 37051 the Seneca Nation of Indians and the United States on the 20th 37052 day of May, 1842, (next preceding treaty,) by which, among 37053 other things, the Seneca Nation of Indians granted and con- 37054 veyed to Thomas Ludlow Ogden and Joseph Fellows the two 37055 certain Indian reservations in the State of New York known as 37056 the Buffalo Creek and the Tonawanda reservations, to be sur- 37057 rendered to the said Ogden and Fellows on the performance of 37058 certain conditions-precedent defined in said treaties ; and 37059 Whereas in and by the said treaties there were surrendered 37060 and relinquished to the United States 500,000 acres of land in 37061 the then Territory of Wisconsin ; and 37062 Whereas the United States, in and by said treaties, agreed 37063 to set apart for said Indians certain lands in the Indian Terri- 37064 tory immediately west of the Missouri, and to grant the same 37065 to them, to be held and enjoyed in fee-simple, the quantity 37066 of said lands being computed to afford 320 acres to each 37067 soul of said Indians, and did agree that any individual, or any 37068 number of said Indians, might remove to said Territory, and 37069 thereupon be entitled to hold and enjoy said lands, and all the 37070 benefits of said treaties, according to numbers, respectively j 37071 and 37072 Whereas the United States did further agree to pay the sum 37073 of $400,000 for the removal of the Indians of New York to the 37074 said Territory, and for their support and assistance during the 37075 first year of their residence in said Territory ; and 37076 Whereas the said Ogden and Fellows did agree to pay to 37077 the said Seneca Nation of Indians, as the consideration of the 37078 surrender and relinquishment of the said two reservations known 37079 as the Buffalo Creek and Tonawanda reservations, certain sums 37080 of money, one part of which was to be paid to the individual 37081 Indians residing upon said reservations, for the improvements 37082 held and owned by them in severalty, the amount of which 37083 " improvement money" heretofore apportioned to those residing 37084 upon the Tonawanda reservation being $15,018/5%, which 831 37085 money has beeu paid into and still remains in the Treasury of 37086 the United States ; and 37087 Whereas, for divers reasons and difi'erences, the said treaties 37088 remain unexecuted as to the said Tonawanda reservation and 37089 the band of Senecas residing thereon ; and 37090 Whereas it is ascertained, at the date of these articles, that 37091 the Seneca Indians, composing the Tonawanda band and re- 37092 siding upon the Tonawanda reservation, amount to 650 souls in 37093 number; and 37094 Whereas the United States are willing to exercise the lib- 37095 eral policy which has heretofore been exercised in regard to the 37096 Senecas, and for the purpose of relieving the Tonawandas of the 37097 difficulties and troubles under -which they labor, 37098 These articles are entered into : 37099 Article 1. The said persons, authorized as in the caption 37100 hereof stated, hereby surrender and relinquish to the United 37101 States all claims severally and in common as a band of Indians, 37102 and as a part of the Seneca I^ation, to the lands west of the 37103 State of Missouri, and all right and claim to be removed 37104 thither, and for support and assistance after such removal, and 37105 all other claims against the United States under the aforesaid 37106 treaties of 1838 and 1842, except, however, such moneys as they 37107 may be entitled to under said treaties, paid or payable by the 37108 said Ogden and Fellows. 37109 Akticle 2. In consideration of which aforesaid surrender 37110 and relinquishment, the United States agree to pay and invest, 37111 in the manner hereinafter specified, the sum of $256,000 for the 37112 said Tonawanda band of Indians. 37113 Article 3. It is hereby agreed that the Tonawanda band 37114 may purchase of the said Ogden and Fellows, of the survivor of 37115 them, or of their heirs or assigns, the entire Tonawanda reserva- 37116 tion, or such portions thereof as they may be willing to sell and 37117 said band may be willing to purchase ; and the United States 37118 undertake and agree to pay for the same out of the said sum of 37119 $256,000, upon the express condition that the rate of purchase 37120 shall not exceed, on an average, $20 per acre. The land 37121 so purchased shall be taken by deed of conveyance to the 37122 Secretary of the Interior of the United States, and his suc- 37123 cessors in ofSce, in fee, to be held by him in trust for the said 37124 Tonawanda band of Indians and their exclusive use, occupation, 37125 and enjoyment, until the legislature of the State of Ifew York 37126 shall pass an act designating some persons or public ofiScer of 37127 that State to take and hold said land upon a similar trust for said 37128 Indians; whereupon they shall be granted by the said Secretary 37129 to such persons or public offlcer. 37130 Article 4. And the said Tonawanda band of Indians here- 832 37131 by agree to surrender, reliaquish, and give up to tlie said Ogden 37132 and Fellows, the survivor of them, or their assigns— provided 37133 the whole reservation shall not be purchased — the unimproved 37134 lands which they shall not purchase, as aforesaid, within thirty 37135 days after this treaty shall be proclaimed by the President of 37136 the United States, and the improved lands which they shall not 37137 purchase, as aforesaid, on the 1st day of June, 1859. 37138 Article 5. For the purpose of contracting for and making 37139 purchase of the lands contemplated herein, a majority of the 37140 chiefs and head-men of said Tonawanda band, in council assem- 37141 bled, may appoint" one or more attorneys with adequate powers, 37142 which appointment must be approved by the Secretary of the 37143 Interior before such attorney or attorneys can have power to 37144 act in the premises. 37145 Article 6. Whenever a quantity of said lands, amounting 37146 to 6,500 acres at the least, upon the terms hereinbefore provided, 37147 may be purchased, written notice, executed by the chiefs and 37148 head-men in council, and acknowledged before a justice of the 37149 supreme court of New York, or judge of the superior court of 37150 the city of Buffalo, shall be given to the Secretary of the Interior, 37151 whereupon the portion of said sum of $256,000 not expended in 37152 the purchase of lands, as aforesaid, shall be invested by the said 37153 Secretary of the Interior in stocks of the United States, or in 37154 stocks of some of the States, at his discretion; and the increase 37155 arising from such investment shall be paid to the said Tonawanda 37156 Indians at the time and in the manner that the annuities are 37157 paid which said Indians are now entitled to receive from the 37158 United States. 37159 Article 7. It is hereby agreed that the sum of $15,018/5%, 37160 " improvement money," heretofore apportioned to the Indians 37161 upon the Tonawanda reservation, shall be again apportioned by 37162 an agent, to be appointed by the chiefs and head-men in council 37163 assembled, to be approved by the Secretary of the Interior, which 37164 agent shall make a report of such apportionment to the said Sec- 37163 retary of the Interior, and if he concur therein the shares so as- 37166 certained shall be paid to the individual Indians entitled thereto, 37167 who shall surrender and relinquish to the said Ogden and Fel- 37168 lows, or the survivor of them, or their assigns, their improve. 37169 ments, and any balance remaining shall be paid to the chiefs and 37170 head-men of the band, to be disbursed by them in payment of 37171 the debts or for the use of the band. The services of the agent 37172 to be thus appointed, and all other expenses attending the execu- 37173 tion of these articles, are to be paid by the United States out of 37174 any moneys coming to the Tonawandas. 833 37175 Supplemental articles of agreement and convention, made this fifth 37176 day of November, in the year one thousand eight hundred and 37177 fifty-seven, at the meeting-house on the Tonawanda reservation, 37178 in the county of Genesee, State of Neiv Yorlc, between Charles 37179 U. Mix, commissioner on behalf of the United States, of the 37180 first part, and the following persons, duly authorized thereunto 37181 by the Tonawanda band of Seneca Indians, viz : Jabez 37182 Ground, Jesse Spring, Isaac Shanlcs, George Shy, and Ely 8. 37183 ParJcer, of the second part. 37184 Whereas, at the date hereof and concurrent with the exe- 37185 cution of this instrument, articles of agreement and convention 37186 have been entered into between the parties aforesaid, in and by 37187 which articles it is provided that the said Tonawanda band of 37188 Seneca Indians ma.y purchase portions of the Tonawanda reser- 37189 vation, " upon the express condition that the rate of purchase 37190 shall not exceed $20 per acre on an average." 37191 And whereas the President of the United States may deem 37192 it discreet and expedient that certain portions of said reserva- 37193 tions, held in severalty by the assigns of said Ogden and Fellows, 37194 should be purchased by said Indians if it shall be necessary so 37195 to do, at a rate exceeding $20 per acre on an average. 37196 ISTow, therefore, the said parties of the second part agree 37197 that portions of said reservation may be purchased by the au- 37198 thorized agents of said Indians for them, and paid for out of 37199 said sum of $256,000, at a rate exceeding $20 per acre on an 37200 average, provided the contract or contracts therefor shall be 37201 first submitted' to and approved by the President, or some pub- 37202 lie officer to be designated by him. 37203 And the said parties of the second part solicit the President 37204 to accept and adopt this supplement as a part of the said arti- 37205 cles of agreement and convention entered into concurrent with 37206 the execution of this agreement. 37207 Proclaimed March 31, 1859. 37208 SENEGAS RESIDING ON THE SANDUSKY EIVBE, 37209 OHIO. 37210 Articles of agreement and convention made and concluded at the 37211 ' city of Washington on the ticenty-eighth day of February, in 37212 the year of our Lord one thousand eight hundred and thirty one, 37213 by and beticeen James B. Gardiner, specially appointed com- 37214 missioner on the part of the United States, of the one part, and 37215 the undersigned, principal chiefs and warriors of the Seneca 37216 tribe of Indians, residing on the Sanduslcy River, in the State 105 I T 834 37217 , of Ohio, on tlie part of said tribe, of the other part, for the 37218 cession of the lands noio oivned and occupied by (lie said tribe 37219 of Indians lying on the waters of the Sanduslcy Biver, and sit- 37220 uate within the territorial limits of the organised counties of 37221 Seneca and Sanduslcy, in said State of Ohio. 37222 Whereas the tribe of Seneca Indians, residing on Sandusky 37223 Eiver, in the State of Ohio, have earnestly solicited the Presi- 37224 detit of the United States to negociate with them for an exchange 37225 of the lands now owned and occupied by them for lands of the 37226 United States west of the river Mississippi, and for the removal 37227 and permanent settlement of said tribe : 37228 Therefore, in order to carry into effect the aforesaid objects, 37229 the following articles have been agreed upon : 37230 Article 1. The Seneca tribe of Indians, in consideration 37231 of the stipulations herein made on the part of the United States, 37232 do forever cede, release, and quit-claim to the United States the 37233 lands granted to them by patent, in fee-simple, by the sixth sec- 37234 tion of the treaty made at the foot of the Eapids of the Miami 37235 Eiver of Lake Erie on the twenty-ninth day of September, in 37236 the year 1817,(see page 197,) containing thirty thousand acres, and 37237 described as follows: "Beginning on the Sandusky Eiver at the 37238 lower corner of the section granted to William Spicer; thencedown 37239 the river on the east side, with the meanders thereof at high- 37240 water mark, to a point east of the mouth of Wolf Creek; thence, 37241 and from the beginning, east, so far that a north line will include 37242 the quantity of thirty thousand acres." And said tribe also cede, 37243 as aforesaid, one other tract of land, reserved for the use of the said 37244 Seuecas by the second article of the treaty made at St. Mary's, 37245 in the State of Ohio, on the seventeenth day of September, in 37246 the year 1818, which tract is described in said treaty as follows ; 37247 " Ten thousand acres of land, to be laid off on the east side of 37248 tKe Sandusky Eiver, adjoining the south side of their reserva- 37249 tion of thirty thousand acres, which begins on the Sandusky 37250 Eiver at the lower corner of William Spicer's section, and ex- 37251 eluding therefrom the said William Spicer's section ;" making, 37252 in the whole of this cession, forty thousand acres. 37253 Article 2, In consideration of the cessions stipulated in 37254 the foregoing article, the United States agree to cause the said 37255 tribe of Senecas, consisting of about four hundred souls, to be 37256 removed, in a convenient and suitable manner, to the western 37257 side of the Mississippi Eiver, and will grant them, by patent, 37258 in fee simple, as long as they shall exist as a nation and remain 37259 on the same, a tract of land situate on and adjacent to the 37260 northern boundary of the lands heretofore granted to the Chero- 37261 kee Nation of Indians, and adjoining the boundary of the State 835 37262 of Missouri, which tract shall extend fifteen miles from east to 37263 ■ west and seven miles from north to south, containing about sixty- 37264 seven thousand acres, be the same more or less, for which the 37265 President of the United States shall cause letters-patent to be 37266 issued, in due form of law, agreeably to the act of the last ses- 37267 sion of Congress. 37268 Article 3. The United States will defray the expenses of 37269 the removal of the said Sehecas, and will moreover supply them 37270 with a sufficiency of wholesome provisions to support them for 37271 one year after their arrival at their new residence. 37272 Article 4. Out of the first sales to be made of the lands 37273 herein ceded by the Senecas, the United States will cause a grist- 37274 mill, a saw-mill, and a blacksmith-shop to be erected on the 37275 lands herein granted to the Senecas, with all necessary tools, to 37276 be supported and kept in operation, at the expense of the United 37277 States, for the sole benefit of the said Senecas, and for these pur- 37278 poses the United States will employ a miller and a blacksmith 37279 for such term as the President of the United States, in his dis- 37280 cretion, may think proper. 37281 Article 5. As the Seneca Indians on their removal will 37282 stand in need of funds to make farms and erect houses, it is 37283 agreed that the United States will advance them six thousand 37284 dollars, in lieu of the improvements which they have made on 37285 the lands herein ceded to the United States, which sum shall be 37286 reimbursed from the sales of the lands ceded. An equitable 37287 distribution of this sum shall be made by the chiefs, with the 37288 consent of the tribe, in general council assembled, to such indi- 37289 viduals of the tribe as, having left improvements, may be prop- 37290 erly entitled to receive the same. 37291 Article 6. The live stock, farming utensils, and other 37292 chattel property which the Senecas now own, and may not be 37293 able to take with them, shall be sold by some agent, to be ap- 37294 pointed by the President, and the proceeds paid to the owners 37295 of such property, respectively. 37296 Article 7. The expenses of the chiefs in coming to and re- 37297 maining at Washington and returning to Ohio, as well as the 37298 expenses and per diem pay of the native interpreter accompany- 37299 ing them, shall be paid by the United States. 37300 Article 8. The United States will expose to public sale 37301 to the highest bidders, at such time and in such manner as the 37302 President may direct, the tracts of land herein ceded by the 37303 Seneca Indians^ and, after deducting from the proceeds of such 37304 sale the minimum price of the public lands, the cost of building 37305 the saw and grist mills and blacksmith-shop for the Senecas, 37306 the cost of surveying the lands, and the sum of six thou- 37307 sand dollars to be advanced in lieu of their present im- 836 37308 improvemeuts, it is agreed that any balance which may remain 37309 of the avails of the lands after sale as aforesaid shall constitute 37310 a fund for the future exigencies of the tribe, on which the Gov- 37311 ernment of the United States consent and agree to pay to the 37312 chiefs of the nation, for the use and general benefit of the nation, 37313 annually, five per cent, on said balance, as an annuity ; and if, 37314 at any time hereafter, the Seneca chiefs, by and with the cou- 37315 sent of their tribe in general council assembled, shall make 37316 known to the President their desire that the fund thus to be 37317 created should be dissolved and given to the tribe, the Presi- 37318 dent shall cause the same to be paid over to them, in such mau- 37319 ner as he may direct ; provided he shall become satisfied of the 37320 propriety of so doing. 37321 Article 9. It is agreed that any annuity accruing to the 37322 Senecas by former treaties shall be paid to them at th eir in- 37323 tended residence west of the Mississippi, under the direction of 37324 the President. 37325 Article 10. The United States hereby agree to give to the 37326 Senecas, as presents, one hundred rifles, as soon as practicable, 37327 and four hundred blankets for the use of the tribe, to be deliv- 37328 ered to them at such time and jjlace as .may be directed by the 37329 Secretary of War. Also fifty ploughs,*flfty hoes, and fifty axes 37330 will be given to the tribe, as aforesaid, to assist them in com- 3733L mencing farming. 37332 Article 11. The chiefs of the Senecas, being impressed 37333 with gratitude towards Henry 0. Brish, their sub-agent, for his 37334 private advances of money and provisions, and numerous other 37335 acts of kindness towards them, as well as his extra services in 37336 coming with them to Washington, and having expressed a 37337 wish that a quarter section of a hundred and sixty acres of the 37338 lands ceded by them should be granted to him in consideration 37339 thereof, the same is hereby granted to him and his heirs, to be 37340 located under the direction of the President of the United 37341 States. 37342 Article 12. The lands granted by this agreement and con- 37343 vention to the Seneca tribe of Indians shall not be sold or ceded 37344 by them except to the United States. 37345 Article 13. It is communicated by the chiefs here that, 37346 in council, before they left home, it was agreed by the tribe 37347 that, for their services in coming to the city of Washington, 37348 each should receive one hundred dollars, to be paid by said 37349 tribe. At the request of said chiefs, it is agreed that the 37350 United States will advance the amount, to wit, five hundred 37351 dollars, to be hereafter reimbursed from the sale of their lands in 37352 Ohio. 37353 Proclaimed March 24, 1831. 837 37354 SENEGAS AND SHAWNEES. 37355 Articles of agreement made and concluded at the Seneca agency, on 37356 the head-icaters of the Cowslcin River, this 2Wi day of Decern- 37357 her, in the year of our Lord one thousand eight hundred and 37358 thirty-tivo, by and between Henry L. Ellsiv'orth and John F. 37359 Schermerhorn, commissioners on behalf of the United States, 37360 and the chiefs and head-men of the " United Nation " of the 37361 Benecas and Shatonee Indians, on behalf of said tribe or na- 37362 tion. 37363 Whereas certain articles of agreement and coilvention were 37364 concluded at Lewistovvu, Ohio, on the 20th day of July, A. D. 37365 1831, by and between the United States and the chiefs and war- 37366 riors of the mixed band of the Seuecas and Shawnee Indians, 37367 residing at or near Lewistown, in the State of Ohio ; and 37368 Whereas, by the 2nd article of said agreement, the United 37369 States stipulated and agreed with said tribe in the words follow- 37370 ing, to wit : " to grant by patent, in fee-simple, to them and their 37371 heirs forever, as long as they shall exist as a nation and remain on 37372 the same, a tract of land, to contain sixty thousand acres, to be 37373 located under the direction of the President of the United 37374 States, contiguous to the lands granted to the Senecas of San- 37375 dusky by the treaty, made with them at the city of Washington 37376 on the 28th of February, 1831, and the Cherokee settlements. 37377 The east line of said tract shall be within two miles of the west 37378 line of the lands granted to the Senecas of Sandusky ; and the 37379 south line shall be within two miles of the north line of the 37380 lands held by the Cherokees ; and said two miles between the 37381 aforesaid lines shall serve as a common passway between the 37382 before-mentioned tribes, to prevent them from intruding upon 37383 the lands of each other." And the treaty aforesaid was ratified 37384 and confirmed by the President and Senate of the United States 37385 on the 6th day of April, A. D. 1832 ; and 37386 Whereas the said mixed band of Senecas and Shawnees 37387 removed from their homes in Ohio, to settle upon the lands 37388 assigned them west of the Mississippi, in pursuance of the pro- 37389 visions and stipulations of the treaty aforesaid ; and 37390 Whereas the said Senecas from Sandusky and the mixed 37391 band of Senecas and Shawnees have lately formed a confederacy, 37392 and have expressed their anxiety to unite as one tribe or nation, 37393 to be called the " United Nation of Senecas and Shawnees," to 37394 occupy their lands as tenants in common, and have the whole of 37395 the country provided for them by the United States located on 838 37396 the east side of Neosho or Grand River, wliich runs througli 37397 and now divides tlie same : 37398 For the purpose of affording a more convenient and satisfac- 37399 tory location to said united nation, the parties aforesaid do, 37400 therefore, hereby'stipulate_and agree as follows : 37401 Article 1. The united tribe of Senecas and Shawnee In- 37402 dians do hereby cede, relinquish, and forever quit-claim to the 37403 United States, all the land granted to them on the west side of 37404 Ne-o-sho or Grand Eiver, by treaties made respectively with the 37405 Senecas of Sandusky and the mixed band of Senecas and Shaw- 37406 nees of Lewistown, Ohio, on the 20th day of July, 1831, and on 37407 the 2Sth day of February, 1831. (See next preceding treaty.) 37408 Article 2. In consideration of said lands, described and 37409 ceded as aforesaid, the United States will grant, by Jetters- 37410 patent, to the tribe or nation of Indians aforesaid, in manner as 37411 hereinafter mentioned, the following tract of land lying on the 37412 east side of Ne-o-sho or Grand Eiver, viz : Bounded on the east 37413 by the west line of the State of Missouri; south, by the present 37414 established line of the Cherokee Indians ; west, by Neosho or 37415 Grand Eiver ; and north by a line running parallel with said 37416 south line, and extending so far from the present north line of 37417 the Seneca Indians from Sandusky as to contain sixty thousand 37418 acres, exclusive of the land now owned by said Seneca Indians, 37419 which said- boundaries include, however, all the land heretofore 37420 granted said Senecas of Sandusky on the east side of Grand 37421 Eiver. And the United States will grant said tract of land by 37422 two letters-patent ; the north half, in quantity, to be granted to 37423 the mixed band of the Senecas and Shawnees of Ohio, and the 37424 south half to the Senecas from Sandusky, aforesaid ; the whole 37425 to be occupied in common so long as the said tribes or bauds 37426 shall desire the same. The said patents shall be granted in fee- 37427 simple; but the lands shall not be sold or ceded without the 37428 consent of the United States. 37429 Article 3. The United States, at the request of said 37430 "United Nation," agree to erect immediately a grist-mill, a saw- 37431 mill, and a blacksmith-shop, and furnish the necessary tools 37432 and machinery in anticipation of a re-imbursement from sales of 37433 land ceded to the United States by the treaties aforesaid, of 37434 28th of February, 1831, and July 20th, 1831, and so far in fulfll- 37435 ment of the same. 37436 Article 4. The United Nation of Seneca and Shawnees 37437 having presented a claim for money advanced by them for for- 37438 age while removing to their new homes in tire West, and for 37439 horses and other property lost on the journey, the United States, 37440 in order to a final settlement of such claim, agree to pay one 37441 thousand dollars, as follows, viz : Six hundred dollars to the 839 37442 Seneca tribe of Indians from Sandusky ; and tlie sum of four 37443 hundred dollars to the Senecas and Shawnees from Lewistowu, 37444 Ohio, to be distributed by their respecti^-o tribes among the 37445 claimants, as they may deem just and equitable; and to be 37446 received by them in full payment and satisfaction of all tbe 37447 claims aforesaid. 37448 Aeticle 5. Nothing in these articles of agreement shall be 37449 construed to effect the respective rig-hts of the Seneca tribe of 37450 Indians from Sandusky, and the Senecas and Shawnees from 37451 Lewistown, Ohio, as secured by existing treaties, except so far 37452 as said treaties are inconsistent with the provisions of tbe arti- 37453 cles aforesaid. 37454 Aeticle 6. Tliis agreement and treaty shall be binding 37455 and obligatory upon the contracting parties from and after its 37456 ratification by the President and Senate of the United States. 37457 Proclaimed March 23, 1833. 37458 SENEGAS, MIXED SENECAS AND SHAWNEES, QUA- 37459 PAWS, ETC. 37460 Treaty between the United States of America and the Senecas, 37461 Mixed Senecas and Shawnees,. Quapaws, Confederated Peorias, 37462 Kasliasldas, Weas, and Pianlceshaios, Ottau-as of Blanchard's 37463 Fork and Boche de Bceuf, and certain Wyandottes ; concluded 37464 February 23, 1867 ; ratification advised, with amendments, 37465 June 18,1868; amendments accepted September 1, 7, 8, and 37466- 15, 1568. 37467 Andrew Johnson, President of the United States of America, 37468 to all and singular to whom these presents shall come, greet- 37469 ing : 37470 Whereas a treaty was made and concluded at the city of 37471 Washington, in the District of Columbia, on the twenty-third 37472 day of February, in the year of our Lord one thousand eight 37473 hundred and sixty-seven, by and between Lewis Y. Bogy, Will- 37474 iam H. Watson, Thomas Murphy, George 0. Snow, and G. A. 37475 Oolton, commissioners on the part of the United States, and 37476 certain chiefs, delegates, and head-men of the Senecas, Mixed 37477 Senecas and Shawnees, Quapaws, Confederated Peorias,' Kas- 37478 kaskias, Weas, and Piankeshaws, Miamies, Ottowas of Blanch- 37479 ard's Pork and Eoche de Bceuf, and certain Wyandottes, on the 37480 part of said Indians, and duly authorized thereto by them, 37481 which treaty is in the words and figures following, to wit: 37482 Articles of agreement, concluded at Washington, D, C, the 840 37483 twenty-third day of February, one thousand eight hundred 37484 and sixty-seven, between the United States, represented by 37485 Lewis V. Bogy, Commissioner of Indian Affairs, W. H. Wat- 37486 son, special commissioner, Thomas Murphy, superintendent 37487 of Indian affairs, George 0. Snow, and G. A. Colton, U. S- 37488 Indian agents, duly authorized, and the Senecas, repre- 37489 sented by George Spicer and John Mush ; the Mixed Sene- 37490 cas and Shawnees, by John Whitetree, John Young, and 37491 Lewis Davis ; the Quapaws, by S. G. Vallier and Ka-zhe- 37492 cah ; the Confederated Peorias, Kaskaskias, Weas, and Pi- 37493 ankeshaws, by Baptiste Peoria, John Mitchell, and Edward 37494 Black ; the Miamies, by Thomas Metosenyah and Thomas 37495 Eichardville ; and the Ottawas of Blanchard's Fork and 37496 Eoche de Boeuf, by John White and J. T. Jones, and in- 37497 eluding certain Wyandott[e]s, represented by Tauromee, or 37498 John Hat, and John Karaho. 37499 Whereas it is desirable that arrangements should be made 37500 by which portions of certain tribes, parties hereto, now residing 37501 in Kansas, should be enabled to remove to other lands in the 37602 Indian country south of that State, while other portions of said 37503 tribes desire to dissolve their tribal relations, and become citi- 37504 zens; and 37505 Whereas it is necessary to provide certain tribes, parties 37506 hereto, now residing in the Indian country, with means of 37507 rebuilding their houses, re-opening their farms, and supporting 37608 their families, they having been driven from their reservations 37509 early in the late war, and suffered greatly for several years, and 37510 being willing to sell a portion of their lands to procure such re- 37511 lief; and 37512 Whereas a portion of the Wyandottes, parties to the 37513 treaty of one thousand eight hundred and flfty-flve, although 37514 taking lands in severalty, have sold said lands, and are still 37515 poor, and have not been compelled to become citizens, but have 37516 remained without clearly recognized organization, while others 37517 who did become citizens are unfitted for the responsibilities of 37518 citizenship; and. 37519 Whereas the Wyandottes, treated with in eighteen hundred 37520 and flfty-flve, have.just claims against the Government, which 37521 will enable the portion of their people herein referred to to begin 37522 anew a tribal existence : 37523 Therefore it is agreed : 37524 Article 1. The Senecas cede to the United States a strip 37525 of land on the north side of their present reservation in the In- 37526 dian country ; the land so ceded to be bounded, on the east by 37527 the State of Missouri, on the north by the north line of the res- 37528 ervation, on the west by the Keosho River, and running south 841 37529 for the necessary distance, to contain twenty thousand acres ; 37530 for which the Government is to pay twenty thousand dollars 37531 upon the ratification of this treaty ; the south line of said tract 37532 to be ascertained by survey, at the cost of the United States. 37533 Article 2. The Senecasnow confederated with the Shaw- .37534 nees, and owning an undivided half of a reservation in the In 37535 dian country immediately north of the Seneca reservation men- 37536 tioned in the preceding article, cede to the United States one- 37537 half of said Seneca and Shawnee reserve, which it is mutually 37538 agreed shall be the north half, bounded on the east by the State 37539 of Missouri, north by the Quapaw reserve, west by the Neosho 37540 Eiver,- and south by an east and west line bisecting the present 37541 Seneca and Shawnee reserve into equal parts, the said line to be 37542 determined by survey, at the expense of the United States ; for 37543 which tract of laud, estimated to contain about thirty thousand 37544 acres, the United States will pay the sum of twenty-four thou- 37545 sand dollars. 37546 Article 3. The Shawnees, heretofore confederated with 37547 the Senecas, cede to the United States that portion of their re 37548 maiuing lands, bounded as follows : Beginning at a point where 37549 Spring Eiver crosses the south line of the tract in the second 37550 article ceded to the United States ; thence down said river to 37551 the south line of the Shawnee reserve ; thence west to the Neo- 37552 sho Eiver ; thence up said river to the south line of the tract 37553 ceded in the second article ; and thence east to the place of be- 37554 ginning, supposed to contain about twelve thousand acres, the 37555 area to be ascertained by survey, at the expense of the United 37556 States ; the United States to pay for the same at the rate of one 37557 dollar per acre, as soon as the area shall be ascertained. 37558 Article 4. The Quapaws cede to the United States that 37559 portion of their land lying in the State of Kansas, being a strip 37560 of land on the north line of their reservation, about one half 37561 mile in width, and containing about twelve sections in all, ex- 37562 cepting therefrom one half section to be patented to Samuel G. 37563 Vallier, including his iaiprovements. Also, the further tract 37564 within their present reserve, bounded as follows : Beginning at 37565 a point in the Keosho Eiver where the south line of the Quapaw 37566 reserve strikes that stream ; thence east three miles ; thence 37567 north to the Kansas boundary-line ; thence west on said line to 37568 the Neosho Eiver ; thence down said river to the place of begin- 37569 ning ; and the United States will pay to the Quapaws for the 37570 half-mile strip lying in Kansas at the rate of one dollar and 37571 twenty-five cents per acre whenever the area of the same shall 37572 be ascertained ; and for the other tract described in this article 37573 at the rate of one dollar and fifteen cents per acre whenever 37574 the area of the same shall be ascertained by survey, said survey 106 I t 842 37575 to be made at the cost of the tribe to which said tract is herein 37576 provided to be sold under the pre-emption laws of the United 37577 States ; but all such pre-emption shall be paid in the money of 37578 the United States, at the proper land-office within one year from 37579 the date of entry and settlement. 37580 PROVISIONS RELATING TO THE SENEGAS. 37581 . Article 5. The Senecas now confederated with the Shaw- 37582 nees, the said Sbawnees thereto consenting, agree to dissolve their 37583 connection with the said Shawnees, and to unite with the Senecas, 37584 parties to the treaty of February twenty-eighth, one thousand 37585 eight hundred and thirty^one, (see page 833,) upon their reserva- 37586 tion described in article second of said treaty ; and the several 37587 bands of Senecas will unite their funds into one common fund for 37588 the benefit of the whole tribe ; and an equitable division shall be 37589 made of all funds or annuities now held in common by the Sene- 37590 cas and Shawnees. 37591 Article 6. Of the sum of twenty-four thousand dollars to 37592 be paid to the Senecas, as provided in the second article, the 37593 sum of four thousand dollars shall be paid to them immediately 37594 after the ratification of this treaty, to enable them to re-establish 37595 their homes and provide themselves with agricultural imple- 37596 ments, seed, and provisions for themselves and their families ; 37597 and the balance of the said first-mentioned sum, being twenty 37598 thousand dollars, shall be consolidated with the twenty thousand 37599 dollars in the first article provided to be paid, and invested for 37600 the tribe of Senecas, as constituted by this treaty, at five per 37601 cent, interest, to be paid per capita semi-annually ; and their 37602 annuity of five hundred dollars in specie, provided by article 37603 four of the treaty of September twenty-ninth, one thousand 37604 eight Hundred and Sev6»teen, shall likewise become the property 37605 of the tribe, 37606 Article 7. The amount annually due the Senecas under 3760T the provisions of article four of the treaty of February twenty- 37608 eight, one thousand eight hundred and thirty-one, for black- 37609 smith, after their separation from the Shawnees, shall be annu- 37610 ally paid to them as a national fund, to enable them to purchase 37611 such articles for their wants and improvements in agriculture as 37612 the chiefs, with the consent of their agent, may designate ; and 37613 this provision shall apply also to the fund for support of a miller 37614 belonging to the Senecas heretofore occupying the southernmost 37615 reserve referred to in this treaty ; and there shall be added to 37616 the said fund whatever amount belonging to either band of the 37617 Senecas shall be found due and unpaid upon an examination of 37618 their accounts with the Govern ment, and particularly the amoun t 37619 of bonds and stocks invested in their name ; and the interest 843 37620 thereon shall be annually paid to the said Senecas for the pur- 37621 poses mentioned in this article. 37622 PROVISIONS RELATING TO THE SHAWNEES. 37623 Article 8. Of the amount in the third article provided to 37624 be paid to the Shawnees by the United States for the lands 37625 therein ceded, the sum of two thousand dollars shall be advanced 37626 to them to be used in establishing their homes, and the balance 37627 of the said amount shall be invested for the said tribe, under 37628 the name of Eastern Shawnees, and five per cent, be paid semi- 37629 annually thereon ; and the amount due and unpaid upon the bonds 37630 or stocks invested in their name shall be paid to them, as well as 37631 the interest thereon hereafter to become due, to be used under 37632 the direction of the chiefs, with the consent of the agent, for the 37633 purchase of agricultural implements or other articles necessary 37634 for the general welfare of the people; and the one-half of the 37635 blacksmith fund remaining after the division to be made with 37636 the' Senecas provided for in article five shall remain devoted to 37637 the same purpose and the Government will add thereto the sum 37638 of five hundred dollars annually for five years. 37639 PROVISIONS RELATING TO THE QUAPAAVS. 37640 Article 9. Of the amount to be paid to the Quapaws for 37641 the lands ceded by them in the fourth article of this treaty, the 37642 sum of five thousand dollars shall be paid to them upon the rati- 37643 fication of this treaty, to assist them in re-establishing them- 37644 selves at their homes upon their remaining reservation ; and the 37645 balance of said amount shall be invested as a permanent fund at 37646 five per cent, interest, payable per capita, semi-annually. 37647 Article 10. If the Osage mission school should be closed, 37648 so that the school fund of the Quapaws cannot be used for them 37649 to advantage at that institution, the said fund shall remain in 37650 the Treasury of the United States until such time as it can, 37651 under the direction of the Secretary of the Interior, with the 37652 consent of the chiefs, be used to advantage in establishing a 37653 school upon their reservation. 37654 Article 11. The amount now due and unpaid for a farmer, 37655 under the provisions of the third article of their treaty of May 37656 thirteen, one thousand eight hundred and thirty-ei^^t [three], 37657 may be used by the chiefs and council for the purchase of pro^ 37658 visions, farming-implements, seed, and otherwise for the pur- 37659 pose of assisting the people in agriculture ; and their annual in- 37660 come now paid for farmer shall hereafter be set apart for the 37661 purposes of assistance and improvement in agriculture. 844 37662 CLAIMS FOE LOSSES BY THE WAB. 37663 Article 12. Whereas the aforesaid Senecas, Mixed Senecas 37664 andShawnees,and Quapaws were drivenfrom theirhomes during 37665 the late war, and their property destroyed, it is agreed that a 37666 commissiou of not to exceed two persons shall be appointed by 37667 the Secretary of the Interior who shall proceed to their country 37668 and make careful investigation of their claims for losses, and 37669 make full report of the same to the Department : and the Secre- 37670 tary of the Interior shall, upon such report, make such awards 37671 as he may deem equitable and just ; and upon such award 37672 the United States will pay the claimants the amounts declared 37673 to be due, and report the same to Congress. 37674 PEOVISIONS IN KELATION TO THE WYANDOTTES. 37675 Article 13. The United States will set apart for the Wy- 37676 andottes for their future home the land ceded by the Senecas in 37677 the first article hereof, and described in said article, to be owned 37678 by the said Wyandottes in common ; " and the Secretary of the 37679 Interior is hereby authorized and required to appoint three per- 37680 sons, whose duty it shall be to ascertain and report to the De- 37681 partment the amount of money, if any, due by the United 37682 States to the Wyandott[e] Indians under existing treaty stipula- 37683 tions, and the items mentioned in Schedule A, appended to this 37684 treaty, and the report of the persons so appointed, with the evi- 37685 dance taken, shall be submitted to Congress for action at its 37686 next session." A register of the whole people, resident in Kan- 37687 sas and elsewhere, shall be taken by the agent of the Delawares, 37688 under the direction of the Secretary of the Interior, on or before 37689 the first of July, one thousand eight hundred and sixty-seven, 37690 which shall show the names of all who declare their desire to be 37691 and remain Indians, and in a tribal condition, together with in- 37692 competents and orphans, as described in the treaty of one thou- 37693 sand eig^t hundred and fifty-five ; and all such persons, and 37694 those only, shall hereafter constitute the tribe^: Provided, That 37695 no one who has heretofore consented to become a citizen, nor 37696 the wife or children of any such person, shall be allowed to be 37697 come members of the tribe except by the free consent of the 37698 tribe after its new organization, and unless the agent shall cer- 37699 tify that such party is through poverty or incapacity unfit to 37700 continue in the exercise of the responsibilities of citizenship of 37701 the United States and likely to become a public charge. 37702 Article 14. Whenever the register in the next preceding 37703 article shall have been completed and returned to the Commis- 37704 sioner of Indian Affairs, the amount of money in said article 37705 acknowledged to be due to the Wyandott[e]s shall be divided, 845 37706 and that portion equitably due to the citizens of said people 37707 shall be paid to them or their heirs, under the direction of the 37708 Secretary of the Interior ; and the balance, after deducting the 37709 cost of the land purchased from the Senecas by the first article 37710 hereof, and the sum of five thousand dollars to enable the Wy- 37711 andott[e]s to establish themselves in their new homes, shall be 37712 paid to the Wyandott[e] tribe per capita. 37713 Article 15. All restrictions upon the sale of lands as- 37714 signed and patented to " incompetent" 'Wyandott[e]s under the 37715 fourth article of the treaty of one thousand eight hundred and 37716 fifty-five, shall be removed after the ratification of this treaty, 37717 but no sale of lands heretofore assigned to orphans or incompe- 37718 tents shall be made under decree of any court, or otherwise, for 3771& or on account of any claim, judgment, execution, or order, or for 37720 taxes, until voluntarily sold by the patentee, or his or her heirs, 37721 with the approval of the Secretary of the Interior; and whereas 37722 many sales of land belonging to this class have heretofore been 37723 made, contrary to the spirit and intent of the treaty of one 37724 thousand eight hundred and fifty-five, it is agreed that a thor- 37725 ough examination and report shall be made, under direction of 37726 the Secretary of the Interior, in order to ascertain the facts re- 37727 lating to all such cases; and, upon a full examination of such re- 37728 port and hearing of the parties interested, the said Secretary 37729 may confirm the said sales, or require an additional amount to 37730 be paid, or declare such sales entirely void, as the very right of 37731 the several cases may require. 37732 PROVISIONS RELATING TO THE OTTAWAS. 37733 Article 16. The west part of the Shawnee reservation, 37734 ceded to the United States by the third article, is hereby sold 37735 to the Ottawas, at one dollar per acre; and for the purpose of 37736 paying for said reservation the United States shall take the 37737 necessary amount, whenever the area of such land shall be found 37738 by actual survey, from the funds in the hands of the Government 37739 arising from the sale of the Ottawa trust-lands, as provided in 37740 the ninth article of the treaty of one thousand eight hundred 37741 and sixty-two, and the balance of said fund, after the payment 37742 of accounts provided for in article five of the treaty of one 37743 thousand eight hundred and sixty-two, shall be paid to the tribe 37744 per capita. 37745 Article 17. Tlie provisions of the Ottawa treaty of one thou- 37746 sand eight hundred and sixty-two, (see page 599,) under which all 37747 the tribe were to become citizens upon the sixteenth of July, one 37748 thousand eight hundred and sixty-seven, are hereby extended for 37749 two years, or until July sixteenth, one thousand eight hundred and 37750 sixty-nine; but any time previous to that date any member of 846 37751 the tribe may appear before the United States district court fot 37752 Kansas, and declare his intention to become a citizen, when he 37753 shall receive a certificate of citizenship, which shall include his 37754 family, and thereafter be disconnected with the tribe, and shall 37755 be entitled to his proportion of the tribal fund; and all who 37756 shall not have made such declaration previous to the last-men- 37757 tioned date shall still be considered members of the tribe. In 37758 order to enable the tribe to dispose of their property in Kansas, 37759 and remove to their new homes and establish themselves thereon, 37760 patents in fee-simple shall be given to the heads of families and 37761 to all who have come of age among the allottees under the 37762 the treaties of one thousand eight hundred and sixty-two, so that 37763 they may sell their lands without restriction ; but the said lands 37764 shall remain exempt from taxation so long as they may be retained 37765 by members of the tribe down to the said sixteenth of July, one 37766 thousand eight hundred and sixty-nine; and the chiefs and 37767 council of the said tribe shall decide in the case of disputed 37768 heirship to real estate, taking as a rule the laws of inheritance 37769 of the State of Kansas. 37770 Abticle 18. The United States agree to pay claim of 37771 J. T. Jones, for which a bill of appropriation has passed one of 37772 the branches of Congress, but which has been withdrawn from 37773 before Congress, being for destruction by fire of his dwelling 37774 and other property by whites, in one thousand eight hundred 37775 and fifty-six, shall be allowed and paid to him, amounting to six 37776 thousand seven hundred dollars. 37777 Article 19. The sixth article of the treaty of one thousand 37778 eight hundred and sixty- two (see page 601) shall remain unchanged 37779 except as provided in this article. The children of the tribe be- 37780 tween the ages of six and eighteen (6 and 18) shall be entitled to be 37781 received at said institution, and to be subsisted, clothed, edu- 37782 cated, and attended in sickness, where the sickness is of such a 37783 nature that the patient promises a return to study within a 37784 reasonable period; the children to be taught and practised in 37785 industrial pursuits suitable to their age and sex, and both sexes 37786 in such branches of learning, and to receive such advantages as 37787 the means of the institution will permit ; these rights and privi- 37788 leges to continue so long as any children of the tribe shall 37789 present themselves for their exercise. And the Secretary of the 37790 Interior and the senior corresponding secretary of the American 37791 Baptist Home Mission Society shall be members ex offlcio of the 37792 board of trustees, with power to vote in person or by proxy, it 37793 being the special intention of this provision to furnish additional 37794 supervision of the institution, so that the provisions of this 37795 article may be carried into eflfect in their full spirit and intent. 37796 Article 20. It is further agreed that the remaining unsold 847 37797 portion of trust-lands of the Ottawas, amounting to seven thou- 37798 sand two hundred and twenty-one and twenty one-hundredths 37799 acres, shall be sold to the trustees of Ottawa University, to be 37800 disposed of for the benefit of said institution at the appraised 37801 value thereof, and that the said trustees shall have until July 37802 sixteenth, one thousand eight hundred and sixty-nine, to dispose 37803 of the same and pay to the Government the value of said lands : 37804 Provided, That the said trustees shall furnish, within thirty 37805 days after the ratification of this treaty, to the Secretary of the 37806 Interior, a satisfactory bond for the fulfilment of their obliga- 37807 tions. 37808 PEOVISIONS RELATING TO THE PEORIAS, KASKASKIAS, WBAS, 37809 AND PIANKESHAWS. 37810 Article 21. "Whereas certain arrangements have been 37811 made by the chiefs of the confederated tribes of Peorias, Kas- 37812 kaskias, Weas, and Piankeshaws for the sale to actual settlers 37813 of the lands held by them in common, being nine and one-half 37814 sections, for a reasonable consideration, according to the terms 37815 of a certain petition of the said tribe, with schedule annexed, 37816 (which schedule is annexed to this treaty, and marked "B,") 37817 dated December twenty-sixth, one thousand eight hundred and 37818 sixty-six, filed in the office of the Commissioner of Indian 37819 Affairs, it is agreed that the said arrangements shall be carried 37820 into fiiU effect, and tbe purchasers thereunder shall receive 37821 patents from the United States for the lands so purchased, upon 37822 making full payment for the same to the Secretary of the Inte- 37823 rior, and the amount already paid by said purchasers, as appears 37824 from said schedule and in the hands of the chiefs, shall be paid 37825 to the Secretary of the Interior, and the whole amount of the 37826 ]iurchase-money shall also be paid to the said Secretary on or 37827 before the first day of June, one thousand €ight hundred and 37828 sixty-seven, and shall be held by him for the benefit of the tribe, 37829 subject to the provisions of this treaty. 37830 Article 22. The land in the second and fourth articles of 37831 this treaty proposed to be purchased from the Senecas and Qua- 37832 paws, and lying south of Kansas, is hereby granted • and sold 37833 to the Peorias, &c., and shall be pai i for, at the rate paid for 37834 the same by the Government, out of the proceeds of the nine 37835 and a half sections referred to in the last preceding article, 37836 adding thereto whatever may be necessary out of other moneys 37837 in the hands of the United States belonging to said Peorias, &c. 37838 Article 23. The said Indians agree to dispose of their 37839 allotments in Kansas and remove to their new homes in the 37840 Indian country within two years from the ratification of this 37841 treaty ; and to that end the Secretary of the Interior is author- 848 37842 ized to remove altogether the restrictions upou the sales of their 37843 lands provided under authority of the third article of the treaty 37844 of May thirtieth, one thousand eight hundred and fifty-four, in 37845 such manner that adult Indians may sell their own lands, and tliat 37846 the lands of minors and iucompetents may be sold by the chiefs, 37847 with the consent of the agent, certified to the Secretary of the 37848 Interior and approved by him. And if there should be any 37849 allotments for which no owner or heir thereof survives, the chiefs 37850 may convey the same by deed, the purchase-money thereof to be 37851 applied, under the direction of the Secretary, to the benefit of 37852 the tribe; and the guardianship of orphan children shall remain 37853 in the hands of the chiefs of the tribe, and the said chiefs shall 37854 have the exclusive right to determine who are members of the 37855 tribe and entitled to be placed upon the pay-rolls. 37856 Akticle 24. An examination shall be made of the books 37857 of the Indian OfiSce, and an account-current prepared, stating 37858 the condition of their funds, and the representations of the 37859 Indians for overcharges for sales of their lands in one thousand 37860 eight hundred and fifty-seven and one thousand eight hundred 37861 and fifty-eight shall be examined and reported to Congress ; and 378C2 in order further to assist them in preparing for removal and in 37863 paying their debts, the further amount of twenty-five thousand 37864 dollars shall be at the same time paid to them per capita from 37865 the sum of one hundred and sixty-nine thousand six hundred 37866 and eighty- six dollars and seventy-five cents, invested for said 37867 Indians under act of Congress of July twelfth, one thousand 37868 eight hundred and sixty-two ; and the balance of said sum of 37869 one hundred and sixty-nine thousand six hundred and eighty- 37870 six dollars and seventy-five cents, together with the sum of 37871 ninety-eight thousand dollars now invested on behalf of the 37872 said Indians in State stocks of Southern States, and the sum of 37873 three thousand seven hundred dollars, being the balance of in- 37874 terest, at five per cent, per annum, on thirty-nine thousand nine 37875 hundred and fifty dollars held by the United States, from July, 37876 one thousand eight hundred and fifty-seven, till vested in Kan- 37877 sas bonds in December, one thousand eight hundred and sixty- 37878 one, after crediting five thousand dollars thereon heretofore 37879 receipted for by the chiefs of said Indians, shall be and remain 37880 as the permanent fund of the said tribe, and five per cent: be 37881 paid semi-annually thereon, per capita, to the tribe; and the 37882 interest due upon the sum of twenty-eight thousand five hun- 37883 dred dollars in Kansas bonds, and upon sixteen thousand two 37884 hundred dollars in United States stocks, now held for their 37885 benefit, shall be paid to the tribe semi-annually, in two equal 37886 payments, as a permanent school-fund income : Provided, That 37887 there shall be taken from the said invested fund and paid to 849 37888 the said tribe, per capita, oe the first 6f July, one thousand 37889 eight hundred and sixty-eight, the sum of thirty thousand 37890 dollars, to assist them in establishing themselves upon their 37891 new homes ; and at any time thereafter, when the chiefs 37892 shall represent to the satisfaction of the Secretary of the Inte- 37893 rior that an additional sum is necessary, such sum may be taken 37894 from their invested fund : And provided also, That the said in 37895 vested fund shall be subject to such division and diminution as 37896 may be found necessary in order to pay those who may become 37897 citizens their share of the funds of the tribe. 37898 Article 25. Whereas taxes have been levied by the au- 37899 thority of the State of Kansas upon lauds allotted to members 37900 of the tribe, the right and justice of which taxation is not ac- 37901 knowledged by the Indians, and on which account they have 37902 suffered great vexation and expense, and which is now a matter 37903 in question in the Supreme Court of the United States, it is 37904 agreed that, in case that court shall decide such taxes unlawful, 37905 the Government will take measures to secure the refunding of 37906 said taxes to such of the Indians as have paid them. 37907 Aeticlb 26. The Peorias, Kaskaskias, Weas, and Pianke- 37908 shaws agree that the Miamies may be confederated with them 37909 upon their new reservation, and own an undivided right in said 37910 reservation in proportion to the sum paid, upon the payment 37911 by the said Miamies of an amount which, in proportion to the 37912 number of the Miamies who shall join them, will be equal to 37913 their share of the purchase-money in this treaty provided to be 37914 paid for the land, and also upon the payment into the common 37915 fund of such amount as shall make them equal in annuities to 37916 the said Peorias, &c., the said privilege to remain open to the 37917 Miamies two years from the ratification of this treaty. 37918 Article 27. The United States agree to pay the said 37919 Indians the sum of one thousand five hundred dollars per year 37920 for six years for their blacksmith and for necessary iron and 37921 steel and tools ; in consideration of which payment the said tribe 37922 hereby relinquish all claims for damages and losses during the 37923 late war, and at the end of the said six years any tools or ma- 37924 terials remaining shall be the property of the tribe. 37925 Article 28. Inasmuch as there may be those among them 37926 who may desire to remain in Kansas and become citizens of the 37927 United States, it is hereby provided that, within sis months .37928 after the ratification of this treaty, a register shall be taken by 37929 the agent, which shall show the names separately of all who 37930 voluntarily desire to remove, and all who desire to remain and 37931 become citizens; and those who shall elect to remain may 37932 appear before the judge of the United States district court for 37933 Kansas and make declaration of their intention to become citi- 107 I T 850 37934 zens, and take the oath to support the Constitutionof the United 37935 States; and upon filing, of a certificate of such declaration 37936 and oath in the ofilce of the Commissioner of Indian Affairs 37937 they shall be entitled to receive the proportionate share of them- 37938 selves and their children in the invested funds and other com- 37939 mon property of the tribe ; and therefrom they and their 37940 children shall become citizens, and have no further rights in the 37941 tribe ; and all the females who are heads of families, and single 37942 women of full age, shall have the right to make such declaration 37943 and become disconnected from the tribe. 37944 Articles 29 to 39, inclusive, stricken out. 37945 Article 40. If any amendments shall be made to this 37946 treaty by the Senate, it shall only be necessary to submit the 37947 same for t he assent of the particular tribe or tribes interested ; 37948 and should any such amendments be made, and the assent of 37949 the tribe or tribes interested not obtained, the remainder of the 37950 treaty not affected by such amendment shall nevertheless take 37951 effect and be in force. 37952 Akticle 41. The expenses of negotiating this treaty, not 37953 exceeding twelve thousand dollars, sh.ill be paid by the United 37954 States. 37966 H. — Xaines of setilern, Nos. of land and j>i-ice thereof, iogeihei' with the amount 37956 deposited iy each settler, on the, ten-section reserve in Miami County, Kansas. 37957 37958 37959 37960 37961 37962 37963 37964 37965 37966 37967 37968 Names. Andre w.J.,Sinclair. Zachens Hays Kaiiclolpb Bojd.. John Nichols aud William Gray. John Martin Same David H. Banta. . Eeubea Fellows . J. T. Pifer Leroy W. Martin . Charles Converse Quarter. E.i NW. and li. i- SW.and SE. of NW. NE W. iSE SE S.iSE SW SW NW NE E.iNW.andW. 4 and NE"^i ofNE, 24 320 160 120 160 80 160 80 160 160 160 160 200 $4 00 4 75 4 50 4 75 3 75 5 25 5 00 5 00 4 00 3 50 5 25 4 25 o P. . r^ (0 1426 66 433 00 253 33 100 00 500 00 267 00 214 00 186 00 200 00 $1,280 00 1, 300 00 760 00 300 00 1,240 00 800 00 640 00 560 00 840 00 850 00 851 37969 37970 B. — Names of settlers, Nos. of land mid price thereof, roperty of, other tribes, unless first 39931 assailed by them, and to use their iniiuence to promote peace 39932 everywhere in the region occupied or frequented by them. 39933 Article 3. All controversies or differences arising between 39934 the Two-Kettles band of Dakota or Sioux, represented in council, 39935 and other tribes of Indians, involving the question of peace or 39936 war, shall be submitted for the arbitrament of the President, or 39937 such person or persons as may be designated by him, and the 39938 decision or award faithfully observed by the said band, repre- 39939 sented in council. 39940 Article 4. The said band, represented in council, shall 39941 withdraw from the routes overland already established, or here- 39942 after to be established, through their country; and, in considera- 39943 tion thereof, the Government of the United States agree to pay 39944 to the said band the sum of six thousand dollars annually, for 39945 twenty years, in such articles as the Secretary of the Interior 39946 may direct: Provided, That the said band so represented in 39947 council shall faithfully conform to the requirements of this treaty. 39948 Article 5. Should any individual or individuals, orportion of 39949 the band of the Two-Kettles baud of Dakota or Sioux Indians, rep- 39950 resented in council, desire hereafter to locate permanently upon 39951 any part of the land claimed by the said band, for the purpose of 39952 agricultural or other pursuits, it is hereby agreed by the parties to 39953 th is treaty that such indi^'idual or individuals shall be protected in 39954 such location against any annoyance or molestation on the part 39955 of whites or Indians ; and where twenty lodges or families of 39956 the Two-Kettles band shall have located on lands for agricultural 39957 purposes, and signified the same to their agent or superintendent, 39958 they, as well as other families so locating, shall receive the sum 39959 of twenty-five dollars -annually, for five years, for each family, 39960 in agricultural implements and improvements; and when one 39961 hundred lodges or families shall have so engaged in agricultural 39962 pursuits, they shall be entitled to a farmer and blacksmith, at 39963 the expense of the Government, also teachers, at the option of 39964 the Secretary of the Interior, when deemed necessary. 39965 Article 6. Soldiers in the United States service having 39966 killed Ish-tah-cliah-ne-aha, (Puffing Eyes,) a friendly chief of the 39967 Two-Kettles band of Dakota or Sioux Indians, it is hereby agreed 39968 that the Government of the United States shall cause to be paid 39969 to the surviving widow of the deceased, and his children, seven- .897 39970 teen in. number, the sum of five hundred dollars ; and to the 39971 said tribe or band, in common, as indemnity for killing said chief, 39972 the sum of live hundred dollars, said payment to be made under 39973 the direction of the Secretary of the Interior. 39974 Article 7. Any amendment or modification of this treaty 39975 by the Senate of the United States shall be considered final and 39976 binding upon the said band, represented in council, as a part of 39977 this treaty, in the same manner as if it had been subsequently 39978 presented and agreed to by the chiefs and head-men of said 39979 band. 39980 Proclaimed March 17, 1866. 39981 SIOUX— SANS AEG BAND. 39982 Treaty between the United States of America and the Sans Arcs 39983 Band of DaJcota or Sioux Indians ; concluded October 20, 39984 1865; ratification advised, with amendment, March 5, 1866. 39985 Andrew Johnson, President of the United States of America, 39986 to all and singular to whom these presents shall come, greet- 39987 ing: 39988 Whereas a treaty was made and concluded at Port Sully, in 39989 the Territory of Dakota, on the twentieth day of October, in the 39990 year of our Lord one thousand eight hundred and sixty-five, by 39991 and between Newton Edmunds, Edward B. Taylor, Major-Gen- 39992 eral S. E. Curtis, Brigadier-General H. H. Sibley, Henry W. Eeed, 39993 and Orrin Guernsey, commissioners on the part of the United 39994 States, and Wah-mun-dee-o-pee-doo-tah, (The War Eagle with 39995 the Eed Tail,) Cha-tau'-hne, (The Yellow Hawk,) and other chiefs 39996 and head-men of the Sans Arcs band of Dakota or Sioux, Indians, 39997 on the part of said band of Indians, and duly authorized thereto 39998 by them, which treaty is in the words and figures following, to 39999 wit: - 40000 Articles of a treaty made and concluded at Fort Sully, in the 40001 Territory of Dakota, by and between Newton Edmunds, 40002 governor and ex-of3cio superintendent of Indian affairs of 40003 Dakota Territory, Edward B. Taylor, superintendent of In- 40004 dians affairs for the northern superintendency, Major-Gen- 40005 eral S. E. Curtis, Brigadier-General H. H. Sibley, Henry W. 40006 Eeed, and Orrin Guernsey, commissioners on the part of 40007 the United States, duly appointed by the President," and the 40008 undersigned chiefs and head-men of the Sans Arcs band of 40009 Dakota or Sioux Indians. 40010 Article 1. The Sans Arcs band of Dakota or Sioux Indians, 113 I T 898 40011 represented in council, liereby acknowledge themselves to be 40012 subject to the exclusive jurisdiction and authority of the United 40013 States, and hereby obligate and bind themselves, individually 40014 and collectively, not only to cease all hostilities against the per- 40015 sons and property of its citizens, but to use their influence, and, 40016 if requisite, physical force, to prevent other bands of Dakota In- 40017 dians, or other adjacent tribes, from making hostile demonstra- 40018 tions against the Government or people of the United States. 40019 Article 2. Inasmuch as the G-overnment of the United 40020 States is desirous to arrest the effusion of blood between the 40021 Indian tribes within its jurisdiction hitherto at war with each 40022 other, the Sans Arcs band of Dakota or Sioux Indians, repre- 40023 sented in council, anxious to respect the wishes of the Govern- 40024 ment, hereby agree to discontinue for the future all attacks 40025 upon the persons or property of other tribes, unless first attacked 40026 by them, and to use their influence to promote peace everywhere 40027 in the region occupied or frequented by them. 40028 ARTICLE 3, All controversies or differences arising between 40029 the Sans Arcs band of Dakota or Sioux Indians involving the 40030 question of peace or war shall be submitted for the arbitrament 40031 of the President, or such person or persons as may be designated 40032 by him, and the decision or award shall be faithfully observed 40033 by the said band represented in council. 40034 Article 4. The said band represented in council shall with- 40035 draw from the route overland already established or hereafter to 40036 be established through their country ; and in consideration there- 40037 of the Government of the United States agree to pay the said 40038 band the sum of thirty dollars for each lodge or family, an- 40039 nually, for twenty years, in such articles as the Secretary of the 40040 Interior may direct: Provided, That said band so represented in 40041 council shall faithfully conform to the requirements of this 40042 treaty. 40043 Article 5. Should any individual or individuals or portion 40044 of the band of the Sans Arcs band of Dakota or Sioux Indians, 40045 represented in council, desire hereafter to locate permanently 40046 upon any land claimed by said baud for the purposes of agricul- 40047 tural or other similar pursuits, it is hereby agreed by the parties 40048 to this treaty that such individuals shall be protected in such 40049 location against any annoyance or molestation on the part of 40050 whites or Indiafis ; and whenever tyrenty lodges or families of 40051 the Sans Arcs band shall have located on land for agricultural 40052 purposes, and signified the same to their agent or superintendent, 40053 they, as well as other families so locating, shall receive the sum 40054 of twenty-five dollars annually, for five years, for each family, 40055 in agricultural implements and improvements; and when one 40056 hundred lodges or families shall have so engaged in agricul- 899 40057 tural pursuits they shall be entitlerl to a farmer and black- 40058 smith, at the expense of the Government ; as also teachers, at 40059 the option of the Secretary of the Interior, whenever deemed 40060 necessary. 40061 Article 6. Any amendment or modification of this treaty 40062 by the Senate of the United States shall be considered final and 40063 binding upon the said band represented in council, as a part of 40064 tliis treaty, in the same manner as if it had been subsequently 40065 presented and agreed to by the chiefs and head-men of said 40066 band. 40067 Proclaimed March 17, 1866. 40068 SIOUX— ONKPAHP AH BAND. 40069 Treaty hetween the United States of America and the OnTcpahpah 40070 band of Dalcota or Sioux Indians, concluded October 20, 40071 1865 ; ratification advised, with amendment, March 5, 1866. 40072 Andrew Johnson, Presideat of the United States of America, 40073 to all and singular to /whom these presents shall come, 40074 greeting: 40075 Whereas a treaty was made and concluded at Fort Sully, in 40076 the Territory of Dakota, on the twentieth day of October, in 40077 the year of our Lord one thousand eight hundred and sixty-five, 40078 by and between lyTewtou Edmunds, Edward B. Taylor, Major- 40079 General S. E. Curtis, Brigadier-General H. H. Sibley, Henry W. 40080 Reed, and Orriu Guernsey, commissioners on the part of the 40081 United States, and Ah-ke-tche-tah-hou-skah, (The Tall Soldier,) 40082 Mah-to-che-kah, (The Little Bear,) and other chiefs and head-men 40083 of the Onk-pah-pah band of Dakota or Sioux Indians, on the pait 40084 of said band of Indians, and duly authorized thereto by them, 40885 which treaty is in the words and figures following, to -wit : 40086 Articles of a treaty made and concluded at Fort Sully, in the 40087 Territory of Dakota, by and between IS'ewton Edmunds, 40088 governor and ex-ofiicio superintendent of Indian affairs of 40089 Dakota Territory, Edward B. Taylor, superintendent of In- 40090 dian affairs for the northern superintendency, Major-Gen- 40091 eral S. E. Curtis, Brigadier-General Bt. H. Sibley, Henry W; 40092 Eeed, and Orrin Guernsey, commissioners on the part of 40093 the United States, duly appointed by the President, and the 40094 undersigned chiefs and head-men of the Onkpahpah band 40095 of Dako'ta or- Sioux Indians. 40096 Article 1. The Onkpahpah band of Dakota or Sioux In- 40097 dians, represented in council, hereby acknowledge themselves 900 40098 to be subject to the exclusive jurisdiction and authority of the 40099 United States, and hereby obligate and bind themselves, indi- 40100 vidually and collectively, not only to cease all hostilities kgainst 40101 the persons and property of its citizens, but to use their influ- 40102 ence, and, if requisite, physical force, to prevent other bands of 40103 Dakota Indians, or other adjacent tribes, from making hostile 40104 demonstrations against the Government or people of the United 40105 States. 40106 Article 2. Inasmuch as the Government of the United 40107 States is desirous to arrest the effusion of blood between the 40108 Indian tribes within its jurisdiction hitherto at war with each 40109 other, the Onkpahpah band of Dakota or Sioux Indians, rep- 40110 resented in council, anxious to respect the wishes of the Govern- 40111 ment, hereby agree to discontinue for the future all attacks upon 40112 the persons or property of other tribes, unless first attacked by 40113 them, and to use their influence to promote peace everywhere in 40114 the region occupied or frequented by them. 40115 Article 3. All controversies or differences arising between 40116 the Onkpahpah band of Dakota or Sioux Indians involving the 40117 question of peace or war shall be submitted for the arbitrament 40118 of the President, or such person or persons as may be designated 40119 by him, and the decision or award shall be faithfully observed 40120 by the said band represented in council. 40121 Article 4. The said band, represented in council, shall with- 40122 draw from the routes overland already established, or hereafter 40123 to be established, through their country ; and in consideration 40124 thereof the Government of the United States agree to pay the 40125 said band the sum of thirty dollars for each lodge or family, an- 40126 nually, for -twenty years, in such articles as the Secretary of the 40127 Interior may direct : Provided, That said band so represented in 40128 council shall faithfully conform to the requirements of this 40129 treaty. 40130 Article 5. Should any individual or individuals, or portion 40131 of the band of the Onkpahpah band of Dakota or Sioux Indians, 40132 represented in council, desire hereafter to locate permanently 40133 upon any land claimed. by said band for the purposes of agricul- 40134 tural or other similar pursuits, it is hereby agreed by the parties 40135 to this treaty that such individuals shall be protected in such 40136 location against any annoyance or molestation on the part of 40137 whites or Indians ; and whenever twenty lodges or families of the 40138 Onkpahpah band shall have located on land for agricultural 40139 purposes, and signified the same totheir agents or superintendent, 40140 they, as well as other families so locating, shall receive the sum 40141 of twenty-five dollars annually for five years, for each family, 40142 in agricultural implements and improvements ; and when one 40143 hundred lodges or families shall have so engaged in agricultural 901 40144 pursuits, they shall be entitled to a farmer and blacksmith, at 40145 the expense of the Government ; as also teachers, at the option 40146 of the Secretary of the Interior, whenever deemed necessary. 40147 Article 6. Any amendment or modification of this treaty 40148 by the Senate of the United States shall be considered final and 40149 binding upon the said band, represented in council, as a part of 40150 this treaty, in the same manner as if it had been subsequently 40151 presented and agreed to by the chiefs and head-men of said 40152 band. 40153 Proclaimed March 17, 1866. 40154 _ SIOUX— O'GALLALA BAND. 40155 Treaty between the United States of America and the G'Qallala 40156 hand of Dalcota or Sioux Indians, concluded October 28, 40157 1865 ; ratification advised, with amendment, March 5, 1866 ; 40158 proclaimed March 17, 1866. 40159 Andrew Johnson, President of the United States of America, 40160 to all and singular to whom these presents shall come, greet- 40161 ing : 40162 Whereas a treaty was made and concluded at Port Sully, in 40163 the Territory of Dakota, on the twenty-eighth day of October, 40164 in the year of our Lord one thousand eight hundred and sixty- 40165 five, by and between Newton Edmunds, Edward B. Taylor, 40166 Major-General S; E. Curtis, Brigadier-General H. H. Sibley, 40167 Henry W. Heed, and Orrin Guernsey, commissioners on the 40168 part of the United States, and Tan-tan-ka-has-ka, (Long Bull,) 40169 Ma-lo-wa-ta-khe, (The Charging Bear,) and other chiefs and 40170 head-men of the O'Gallala band of Dakota or Sioux Indians, en 40171 the part of said band of Indians, and duly authorized thereto 40172 by them, which treaty is in the words and figures following, to 40173 wit : 40174 Articles of a treaty made and concluded at Port Sully, in the 40175 Territory of Dakota, by and between Newton Edmunds 40176 governor and ex-officio superintendent of Indian affairs cf 40177 Dakota, Territory, Edward B. Taylor, superintendent of 40178 Indian affairs for the northern superintendency, Major-Gen- 40179 eral S. R. Curtis, Brigadier-General H. H. Sibley, Henry 40180 W. Eeed, and Orrin Guernsey, commissioners on the part 40181 of the United States, duly appointed by the President, and 40182 the undersigned chiefs and head-men of the O'Gallala band 40183 of Dakota or Sioux Indians. 40184 Article 1. The O'Gallala band of Dakota or Sioux 90^ 40185 Indians, represented in council, hereby acknowledge themselves 40186 to ]be subject to the exclusive jurisdiction and authority of the 40187 United States, and hereby obligate and bind themselves, indi- 40188 vidually and collectively, not only to cease all hostilities against 40189 the persons and property of its citizens, but to use their influ- 40190 ence, and, if necessary, physical force, to prevent other bauds 40191 of the Dakota Indians, or other adjacent tribes, from making 40192 hostile demonstrations against the Government or people of the 40193. United States. 40194 Article 2. Inasmuch as the Government of the United 40195 States is desirous to arrest the effusion of blood between the 40196 Indian tribes within its jurisdiction hitherto at war with each 40197 other, the O'Gallala band of Dakota or Sioux Indians, repre- 40198 sented in council, anxious to respect the wishes of the Govern- 40199 ment, hereby agree to discontinue for the future all attacks upon 40200 the persons or property of other tribes, unless first attacked by 40201 them, and to use their influence to promote peace everywhere 40202 in the region occupied or frequented by them. 40203 Article 3. All controversies or differences arising between 40204 the O'Gallala band of Dakota or Sioux Indians, represented in 40205 council, and other tribes of Indians, involving the question of 40206 peace or war, shall be submitted shall ie submitted for the arbi- 40207 trament of the arMtrament of the President, or such person or 40208 persons as may be designated by him, and the decision or award 40209 faithfully observed by the said band represented in council. 40210 Article 4. The said band, represented in council, shall 40211 withdraw from the routes overland already established or here- 40212 after to be established through their country ; and, in consider- 40213 ation thereof, the Government of the United States agree to pay 40214 to the said band the sum of ten thousand dollars annually for 40215 twenty years, in such articles as the Secretary of the Interior 40216 may direct: Provided, That said band, so represented in coun- 40217 cil, shall faithfully conform to the requirements of this treaty. 40218 Article 5. Should any individual or individuals, or portion 40219 of the band of the [O'Gallala] band of Dakota or Sioux Indians, 40220 represented in council, desire hereafter to locate permanently 40221 upon any land claimed by said band for the purposes of agri- -40222 cultural or other similar pursuits, it is hereby agreed by the 40223 parties to this treaty that such individuals' shall be protected in 40224 such location against any. annoyance or molestation on the part 49225 of whites or Indians ; and whenever twenty lodges or families 40226 of the O'Gallala band shall have located on land for agricultural 40227 purposes, and signified the same to their agent or superintend- 40228 ent, they, as well as other families so locating, shall receive the 40229 sum of twenty-five "dollars annually, for five years, for each 40230 family, in agricultural implements and improvements; and 903 40231 when one hundred lodges or families shall have so engaged in 40232 agricultural pursuits, they shall be entitled to a- farmer and 40233 blacksmith, at the expense of the Government, as also teachers, 40234 at the option of the Secretary of the Interior, whenever deemed 40235 necessary. 40236 Article 6. Any amendment or modification of this treaty 40237 by the Senate of the United States shall be considered final and 40238 binding upon the said band, represented in council, as a part of 40239 this treaty, in the same-manner as if it had been subsequently 40240 presented and agreed to by the chiefs and head-men of said 40241 band. 40242 Proclaimed March 17, 18C6. 40243 SIOUX— SISSEBTOISr AND WAHPATON BANDS. 40244 Treaty between the United States and the Sisseeton and Wahpaton 40245 bands of the Dakota or Sioux tribe of Indians, concluded at 40246 Washington, Junel9,185S; ratifiedby the Senate, MarchO, 1859. 40247 James Buchanan, President of the United States of America, 40248 to all and singular to whom these presents shall come, 40249 greeting : 10250 Whereas a treaty was made and concluded at the city of 40251 Washington on the nineteenth day of June, one thousand eight 40252 hundred and fifty-eight, by Charles E. Mix, commissioner on the 40253 part of the United States, and the following-named chiefs and 40254 head-men of the Sisseeton and Wahpaton bands of the Dakota 40255 or Sioux tribe of Indians, viz : Maz zah-shaw, Wamdupidutah, 40256 Ojupi, and Hahutanai, on the part of the Sisseetons, and Maz-zo- 40257 manee, Muz-zakoote-manee, Upiyahideyaw, Umpedutokechaw, 40258 and Tachandupahotanka, on the part of the Wah{>atons, they 40259 being duly authorized and empowered to act for said bands, which 40260 treaty is in the words and figures following, to wit : 40261 Articles of agreement and convention made and concluded at 40262 the city of Washington on the nineteenth day of June, one 40263 thousand eight hundred and fifty-eight, by Charles. E. Mix, 40264 commissioner on the part of the United States, and the fol- 40265 lowing-named chiefs and head-men of the Sisseeton and 40266 Wahpaton bands of the Dakota or Sioux tribe of Indians, 40267 viz : Maz-zah-shaw, Wamdupidutah, Ojupi, and Hahutanai, 40268 on the "part of the Sisseetons, and Maz-zomanee, Muz-za- 40269 koote-manee, Upiyahideyaw, Umpedutokechaw, and Tach- 40270 andupahotanka, on the part of the Wahpatons, they being 40271 duly authorized and empowered to act for said bands. 904 40272 Article 1. It is hereby agreed and stipulated that as soon- 40273 as practicable after the ratiflcation of this agreement, so much 40374 of that part of the reservation or tract of land now held and 40275 possessed by the Sisseeton and Wahpaton bands of the Dakota 40276 or Sioux Indians, and which is described in the third article of 40277 the treaty made with them on the twenty-third day of July, one 40278 thousand eight hundred and fifty-one, which lies south or south- 40279 westwardly of the Minnesota Eiver, shall constitute a reservation 43280 for said bands, and shall be surveyed, and eighty acres thereof, 40281 as near as may be in conformity with the public surveys, be 40282 allotted in severalty to each head of a family or single person 40283 over the age of twenty-one years, in said bands of Indians ; 40284 said allotments to be so niade as to include a proper proportion 40285 of timbered land, if the same be practicable, in each of said 40286 allotments. The residue of said part of said reservation not so 40287 allotted shall be held by said bands in common,. and as other In- 40288 dian lands are held : Provided, however, That eighty acres there- 40289 of, as near as may be, shall, in like manner, as above provided 40290 for, be allotted to each of the minors of said bands on his or her 40291 attaining their majority, or on becoming heads of families, by 40292 contracting marriage, if neither of the parties shall have previ- 49293 ously received land. All the necessary expenses of the surveys 40294 and allotments thus provided for shall be defrayed out of the 40295 funds of said bands of Indians in the hands of the Government 40296 of the United States. As the members pf said bands become 4')297 capable of managing their business and affairs, the President of 49298 the United States may, at his discretion, cause patents to be is- 49299 sued to them for the tracts of land allotted to them, respectively, 40300 in conformity with this article ; said tracts to be exempt from 40301 levy, taxation, sale, or forfeiture until otherwise provided for by 40302 the legislature of the State in which they are situated, with the 40303 assent of Congress ; nor shall they be sold or alienated in fee, or 40304 be in any other manner disposed of, except to the United States 40305 or to members of said bands. 40306 Akticle 2. Whereas, by the treaty with the Sisseeton and 40307 Wahpaton bands of Sioux Indians, concluded at Traverse des 40308 Sioux on the twenty-third day of July, one thousand eight hun- 40309 dred and fifty-one, said bands retaihed for their " future occu- 40310 pancy and home," " to be held by them as Indian lands are held, 40311 all that tract of country on the Minnesota Eiver, from the west- 40312 ern boundary" of the cession therein made " east to the Tcha- 40313 tam-ba Eiver on the north, and to the Yellow Medicine Eiver on 40314 the south side, to extend on each side a distance of not less than 40315 ten miles from the general course of said Minnesota Eiver ;" 40316 And whereas the Senate of the United States so amended 40317 said treaty as to strike therefrom the provision setting apart the 905 4031S said land as a home for said bands, and made provision for the 40319 payment to said bands, "at the rate of ten cents per acre for 40320 tiie land included in the said tract so retained and set apart for 40321 the ocoupapcy and home "of said bands, and also provided .in 40322 addition thereto that there should be "set apart by appropriate 40323 landmarks and boundaries such tracts of country without the 40324 limits of the cession made by the first article of the said treaty 40325 as shall, be satisfactory for their future occupancy and home ;" 40326 said Senate amendment providing also " that the President may, 40327 with the consent of these Indians, vary the conditions aforesaid, 40328 if deemed expedient;" all of which provisions in said amendment 40329 were assented to by said Indians; 40330 And whereas the President so far varied the conditions of 40331 said Senate amendment as to permit said bands to locate for 40332 the time being upon the tract originally reserved by said bands 40333 for a home, and " no tract of country, without the limits of the 40334 cession" made in the said treaty, has ever been provided for or 40335 offered to said bands ; 40330 And whereas, by the act making appropriations for the cur- 40337 rent and contingent expenses of the Indain Department, and for 40338 fulfilling treaty stipulations with various Indian tribes, approved 40339 July 31, 1854, the President was authorized " to confirm to the 40340 Sioux of Minnesota, forever, the reserve on the Minnesota Eiver 40341 now occupied by them, upon such conditions as he may deem 40342 just;'- 40343 And whereas, although the President has not directly con- 40344 firmed said reserve to said Indians, they claim that, as they 40345 were entitled to receive "such tracts of country" as should "be 40346 satisfactoiy for their future occupancy and home," and as no 40347 other country than this reservation was ever provided for or 4034S offered to them, and as valuable improvements have been made 40349 on said reservation with the moneys belonging to said bands, it 40'350 is agreed and stipulated that the question shall be submitted to 40361 the Senate for decision whether they have such title, and if they 40352 have, what compensation shall be made to them for that part of 40353 said reservation or tract of land lying on the north side of the 40354 Minnesota Eiver ; whether they shall be allowed a specific sum 40355 of money therefor, and if so, how much ; or whether the same 40356 shall be sold for their benefit, they to receive the proceeds of 40357 such sale, deducting the necessary expenses incident thereto. 40358 Such sale, if decided in favor of by the Senate, shall be made 40359 under and according to regulations to be prescribed by the Sec- 40360 retary of the Interior, and in such manner as will secure to them 40361 the largest sum it may be practicable to obtain for said land. 40362 Akticle 3. It is also agreed that if the Senate shall author- 40363 ize the land designated in article two of this agreement to be 114 IT 906 40364 sold for the benefit of the said Sisseeton and Wahpaton bands, 40365 or shall prescribe an amount to be paid to said bands for their 40366 interest in said tract, provision shall be made by which the 40367 chiefs and head-men of said bands may, in their discretion, in 40368 open council, authorize to be paid out of the proceeds of said 40369 tract such sum or sums as may be found necessary and proper, 40370 not exceeding seventy thousand dollars, to satisfy their just 40371 debts and obligations, and to provide goods to be tstken by said '40372 chiefs and head-men to the said bands on their return : Provided, 40373 however, That their said determinations shall be approved by the 40374 superintendent of Indians affairs for the northern superinten- 40375 dency for the time being, and the said payments be authorized, 40376 by the Secretary of the Interior. 40377 AETICLE4. Thelands retainedand to beheld by the members 40378 of the Sisseeton and Wahpaton bands of Dakota or Sioux In- 40379 dians, under and by virtue of the first article of this agreement) 40380 shall, to all intents and purposes whatever, be deemed and held 40381 to be an Indian reservation, and the laws which have been or 40382 may hereafter be enacted by Congress to regulate trade and in- 40383 tercourse with the Indian tribes, shall have full force and effect 40384 over and within the limits of the same; and no person other 40386 than the members of said bands, to be ascertained and defined 40386 nnder such regulations as the Secretary of the Interior shall pre- 40387 scribe — unless such as may be duly licensed to trade with said 40388 bands, or employed for their benefit, or members of the family of 40389 such persons — shall be permitted to reside or make any settle. 40390 ment upon any part of said reservation ; and the timbered land 40391 allotted to individuals, and also that reserved for subsequent 40392 distribution, as provided in the first article of this agreement, 40393 shall be free from all trespass, use, or occupation, except as here- 40394 inafter provided. 40395 Article 6. The United States shall have the right to es- 40396 tablish and maintain upon said reservation such military posts, 40397 agencies, Schools, mills, shops, roads, and agricultural or mechan- 40398 ical improvements as may be deemed necessary ; Jjut no greater 40399 quantity of land or timber shall be taken and used for said pur- 40400 poses than shall be actually requisite therefor. And if, in the 40401 establishment or maintenance of such posts, agencies, roads, or 40402 other improvements, the timber or other property of any indivi- 40403- dual Indian shallbe taken, injured, ordestroyed,justandadequato 40404 compensation shall be made therefor by the United States. Eoads 40405 or highways authorized by competent authority other than the '4O406 United States, the lines of which shall lie through said reserva- 40407 tioh, shall have the right of way through the same upon the fair 40408 and just value of such right being paid to the said Sisseeton and 40409 Wahpaton bands by the party or parties authorizing or interested 907 40il0 in the same, to be assessed and determined in such manner as 40411 the Secretary of the Interior shall direct. 40412 Article 6. The Sisseeton and Wahpaton bands of Dakota 40413 or Sionx Indians acknowledge their dependence on the Govern- 40414 ment of the United States, and do hereby pledge and bind 40415 themselves to preserve friendly relations with the citizens thereof, 40416 and to commit no injuries or depredations on their persons or 40417 property, nor on those of the members of any other tribe; but 40418 in case of any such injury or depredation, full compensation shall 40419 as far as practicable, be made therefor out of their moneys in the 40420 hands of the United States, the amount in all cases to be deter- 40421 mined by the Secretary of the Interior. They further pledge 40422 themselves not to engage in hostilities with the Indians of any 40423 other tribe, unless in self-defence, but to submit, through their 40424 agent, all matters of dispute and diflSculty between themselves 40425 and otlier Indians for the decision of the President of the United 40426 States, and to acquiesce in and abide thereby. They also agree 40427 to deliver to the proper officers all person belonging to their said 40428 bands who may become offenders against the treaties, laws, or 40429 regulations of the United States, or the laws of the State of 40430 Minnesota, and to assist in discovering, pursuing, and capturing 40431 all such offenders whenever required so to do by such officers, 40432 through the agent or other proper officer of the Indian Depart 40433 ment. 40434 Article 7. To aid in preventing the evils of intemperance, 40435 it is hereby stipulated that if any of the members of the said 40436 Sisseeton and Wahpaton bauds of Sioux Indians shall drink, or 40437 procure for others, intoxicating liquors, their proportion of the 40438 annuities of said bands shall, at the discretion of the Secretary 40439 of the Interior, be withheld from them for the period of at least 40440 one year; and for a violation of any of the stipulations of this 40441 agreement on the part of any member of said bands, the persons 40442 so offending shall be liable to have their annuities withheld, and 40443 - to be subject to such other punishment as the Secretary of the 40444 Interior may prescribe. 40445 Article 8. Any members of said Sisseeton and Wahpaton 40446 bands who may be desirous of dissolving their tribal connection 40447 and obligations, and of locating beyond the limits of the reserva- 40448 tion provided for said bands, shall have the privilege of so doing, 40449 by notifying the United States agent of such intention', and 40450 making an actual settlement beyond the limits of said reserva- 40451 tion ; shall be vested with all the rights, privileges, and im- 40452 munities, and be subject to all the laws, obligations, and duties 40453 of citizens of the United States; but such procedure shall work 40454 no forfeiture on their part of the right to share in the annuities 40455 of said bands. 908 40456 Article 9. Such of the stipulations of the former treaties 40457 as provide for the payment of particular sums of money to the 40458 said Sisseetoa and Wahpaton bands, or for the application or 40459 expenditure of specific amounts for particular objects or pur- 40460 poses, shall be, and hereby are, so amended and changed as to 40461 invest the Secretary of the Interior with discretionary power in 40462 regard to the manner and objects of the annual expenditure of 40463 all siich sums or amounts which have accrued and are now due 40464 to said bands, together with the amount the said bands shall be- 40465 come annually entitled to under and by virtue of the provisions 40466 of this agreement ; Provided, The said sums or amounts shall be 40467 expended for the benefit of said bands at such time or times and 40468 in such manner as the said Secretary shall deem best calculated 40469 to promote their interests, welfare, and advance in civilization. 40470 And it is further agreed that such change may be made in the 40471 stipulations of former treaties, which provide for the payment of 40472 particular sums for specified purposes, as to permit the chiefs 40473 and braves of said bands, or any of the subdivisions of said 40474 bands, with the sanction of the Secretary of the Interior, to 40475 authorize such payment or expenditure of their annuities, or any 40476 portion thereof, which are to become due hereafter, as may be 40477 deemed best for the general interests and welfare of the said 40478 bands or subdivisions thereof. 40479 Article 10. The expenses attending the negotiation of this 40480 agreement shall be defrayed by the United States. 40481 (See note on page 890.) 40482 Proclaimed March 31, 1859. 40483 RESOLUTION OP THE SENATE OF THE UNITED STATES. 40484 Right and title of certain bands of Sioux Indians to lands em- 40485 braced in reservations on the Minnesota River. 40486 In the Senate of the United States, 40487 June 27, 1860. 40488 Whereas by the second articles of the treaties of June 40489 19, 1858, (proclaimed March 31, 1859; see page 885,) with 40490 the Med-a-wa-kanton and Wah-pa-koo-ta, and the Sisseetou 40491 and Wah-pa-ton bands of the Dacotah or Sioux Indians, it 40492 is submitted to the Senate to decide as to the right or title of 40493 said bands of Indians to the lands embraced in the reserva- 40494 tion occupied by them on the Minnesota Eiver, in the State 40495 of Minnesota, and what compensation shall be made to them 40496 for those portions of said reservations lying on the north side of 40497 that river, which they agreed by said treaties to surrender and 909 40498 relinquish to the United States ; " whether they shall be allowed 40499 a specified sum in money therefor, and, if so, how much, or 40500 whether the same shall be sold for their benefit, they to receive 40501 the proceeds of such sale, deducting the necessary expenses in- 40502 cident thereto ;" and 40503 Whereas said Indians were permitted to retain und occupy 40504 said reservations in lieu of other lands which they were entitled 40505 to under the amendments of the Senate to the treaties made 4050G with them in the year 1851, (proclaimed February 24, 1853 ; see 40507 page 882,) and large amounts of the money of said Indians 40508 have been expended by the Grovernment in improvements and 40509 otherwise upon the lands contained in said reservations; 40510 and 40511 Whereas by act of Congress of July 31, 1854, said reserva- 40512 tious were authorized to be confirmed to those Indians : 40513 Resolved, That said Indians possessed a just and valid right 40514 and title to said reservations, and that they be allowed the sum 40515 of thirty cents per acre for the lands contained in that portion 40516 thereof lying on the north side of the Minnesota Eiver, exclusive 40517 of the cost of survey and sale, or any contingent expense that 40518 may accrue whatever, which by the treaties of June, 1858, they 40319 have relinquished and given up to the United States. 40520 Resolved further, That all persons who have, in good faith, 40521 settled and made improvements upon any of the lands contained 40522 in said reservations, believing the same to be Government lands, 40523 shall have the right of pre-emption to one hundred and sixty 40524 acres thereof, to include their improvements, on paying the sum 40525 of one dollar and twenty -five cents per acre therefor : Provided, 40526 That when such settlements have been made on the lands of the 40527 Indians on the south side of the Minnesota Eiver, the assent 40528 of the Indians shall first be obtained, in such manner as the Sec- 40529 retary of the Interior shall prescribe, and that the amount which 40530 shall be so paid for their lands shall be so paid into the Treasury 40531 of the United States. 40532 Attest : 40533 ASBURY DICKINS, 40534 Secretary. 40535 Treaty between the United States of America and the Sissiton and 40536 Warpeton hands of DaJcota or Sioux Indians, concluded Feb- 40537 ruary 19, 1867 ; ratification advised, with amendments, April 40538 15, 1867 ; amendments accepted April 22, 1867 ; proclaimed 40539 May 2, 1867. 40.540 Andeew Johnson, President of the United States of America, 40541 to all and singular to whom these presents shall come, 40542 greeting : 910 40543 Whereas a treaty was made and concluded at the city of 40544 Washington, in the District of Columbia, on the nineteenth day 40545 of February, in the year of our Lord one thousand eight hun- 40546 dred and sixty-seven, by and between Lewis V. Bogy and Will- 40547 iam H. Watson, commissioners on the part of the United States, 40548 and Gabriel Eenville, Wamdiupiduta, Tacandupahotanka, and 40549 other chiefs and head-men of the Sissiton and Warpeton bands 40550 of Dakota or Sioux Indians, on the part of said Indians, and duly 40551 authorized thereto by them, which treaty is in the words and 40552 figures following, to wit : 40553 Whereas it is understood that a portion of the Sissiton and 40554 Warpeton bands of Santee Sioux Indians, numbering from • 40555 twelve hundred to fifteen hundred persons, not only preserved 40556 their obligations to the Government of the United States during 40557 and since the outbreali of the Medewakantons and other bands 40558 of Sioux, in 1862, but freely perilled their lives during that out- 40559 break to rescue the residents on the Sioux reservation, and to 40560 obtain possession of white women and children made captives 40561 by the hostile bands ; and that another portion of said Sissiton 40562 and Warpeton bands, numbering from one thousand to twelve 40563 hundred persons, who did not participate in the massacre of the 40564 whites in 1862, fearing the indiscriminate vengeance of the 40565 whites, fled to the great prairies of the Northwest, where they 40566 still remain ; and 40567 Whereas Congress, in confiscating the Sioux annuities and 40568 reservations, made no provision for the support of these, the 40569 friendly portion of the Sissiton and Warpeton bands, and it is 40570 believed [that] they have been suffered to remain homeless wan- 40571 derers, frequently subject to intense suffering from want of sub- 40572 sistence, and clothing to protect them from the rigors of a high 40573 northern latitude, although at all times prompt in rendering ser- 40574 vice when called upon to repel hostile raids and to punish dep- 40575 redations committed by hostile Indians upon the persons and 40576 property of the whites ; and 40577 Whereas the several subdivisions of the friendly Sissitons 40578 and Warpeton bands ask, through their representatives, that 40579 their adherence to their former obligations of friendship to the 40580 Government and people of the United States be recognized, and 40581 that provision be made to enable them to return to an agricul- 40582 tural life, and be relieved from a dependence upon the chase for 40583 a precarious subsistence : Therefore, 40584 A treaty has been made and entered into, at Washington 40585 City, District of Columbia, this nineteenth day of February, A. 40586 D. 1867, by and between Lewis V. Bogy, Commissioner of Indian 40587 Affairs, and William H. Watson, commissioners on the part of 40588 the United States, and the undersigned chiefs and head-men of 911 40589 the Sissiton and Warpeton baads of Dakota or Sioux Indians, as 40590 follows, to wit : 40591 Article 1. The Sissiton and Warpeton bands of Dakota 40592 Sioux Indians, represented in council, will continue their friendly 40593 relations with the (Tovernment and people of the United States, 40594 and bind themselves individually and collectively to use their 40595 influence to the extent of their ability to prevent other bands of 40596 Dakota or other adjacent tribes from making hostile demonstra- 40597 tions against the Government or people of the United States. 40598 Article 2. The said bands herpby cede to the United 40599 States the right to construct wagon-roads, railroads, mail sta- 40600 tions, telegraph lines, and such other public improvements as 40601 the interest of the Government may require, over and across the 40602 lands claimed by said bands, (inclnding their reservation, as 40603 hereinafter designated,) 'over any route or routes that that may 40604 be selected by the authority of the Government ; said lands, so 40605 claimed, being bounded on the south and east by the treaty-line 40606 of 1851, (proclaimed January 24, 1853 ; see page 879,) and the 40607 Bed Eiver of the North to the mouth of Goose Eiver; on the 40608 north by the Goose Eiver and a line running from the source 40609 thereof by the most westerly point of Devil's Lake to the Chief's 40610 Bluff at the head of James Eiver, and on the west by the James 40611 River to the mouth of Mocasin Eiver, and thence to Kampeska 40612 Lake. 40613 Article 3. For and in consideration of the cession above 40614 mentioned, and in consideration of the faithful and important 40615 services said to have been rendered by the friendly bands of 40616 Sissitons and Warpetons Sioux here represented, and also in 40617 consideration of the confiscation of all their annuities, reserva- 40618 tions, and improvements, it is agreed that there shall be set 40619 apart for the members of said bauds who have heretofore snr- 40620 rendered to the authorities of the Government, and were not 40621 sent to the Crow Creek reservation, and for the members of said 40622 bands who were released from prison in 1866, the following-de- 40623 scribed lands as a permanent reservation, viz : 40624 Beginning at the head of Lake Travers[e], and thence along 40625 the treaty -line of the treaty of 1851 to Kampeska Lake ; thence 40626 in a direct line to Eeipan or the northeast point of the Coteau 40627 des Prairie[s], and thence passing north of Skunk Lake on the 40628 most direct line to the foot of Lake Traverse, and thence along 40629 the treaty -line of 1851 to the place of beginning. 40630 Article 4. It is further agreed that a reservation be set 40631 apart for all other members of said bands who were not sent to 40632 the Crow Creek reservation, and also for the Out-Head bands 40633 of Yanktonais Sioux a reservation bounded as follows, viz : 40634 Beginning at the most easterly point of Devil's Lake ; thence 912 40635 along the waters of sai^l lake to the most westerly point of the 40636 same ; thence on a direct line to the nearest poin.t on the Chey- 40637 enne Eiver ; thence down said river to a point opposite the 40638 lower end of Aspen Island, and thence on a direct line to the 40639 place of beginning. 40640 Article 5. The said reservations shall be apportioned in 40641 tracts of (160) one hundred and sixty acres to each head of a 40642 family or single person over the age of (21) twenty-one years, 40643 belonging to said bands and entitled to locate thereon, who may 40644 desire to locate permanently and cultivate the soil as a means 40645 of subsistence : each (160) one hundred and sixty acres so al- 40646 lotted to be made to conform to the legal subdivisions of the 40647 Government surveys when such surveys shall have been made ; 40648 and every person to whom lands may be allotted under the pro- 40649 visions of this article, who shall occupy and cultivate a portion 40650 thereof for iive consecutive years, shall thereafter be entitled to 40651 receive a patent for the same so soon as he shall have fifty acres 40652 of said tract fenced, ploughed, .and in crop : Provided, [That] 40653 said patent shall not authorize any transfer of said lands, or por- 40654 tions thereof, except to the United States, but said lands and the 40655 improvements thereon shall descend to the proper heirs of the 40656 persons obtaining a patent. 40657 Article 6. And, further, in consideration of the destitu- 40658 tion. of said bands of Sissiton and Warpeton Sioux, parties here- 40659 io, resulting from the confiscation of their annuities and improve- 40363 ments, it is agreed that Congress will, in its own discretion, from 40661 time to time make such appropriations as may be deemed re- 40662 quisite to enable said Indiaius to return to an agricultural life 49663 under the system iu operation on the Sioux reservation in 1862 ; 40664 including, if thought advisable, the establishment and sup- 40665 port of local and manual-labor schools ; the employment of ag- 40666 ricultural, mechanical, and other teachers ; the opening and 40667 improvement of individual farms, and generally such objects as 40668 Congress in its wisdom shall deem necessary to promote the 40669 agricultural improvement and civilization of said bands. 40670 Article 7. An agent shall be appointed for said bands 40671 , who shall be located at Lake Traverse ; and whenever there 40672 shall be five hundred (500) persons of said bands permanently 40673 located upon the Devil's Lake reservation, there shall be an 40674 agent or other competent person appointed to superintend at 40675 that i)lace the agricultural, educational, and mechanical interests 40676 of said bands. 40677 Article 8. All expenditures under the provisions of this 40678 treaty shall be made for the agricultural improvement and civ- 40679 ilization of the members of said bands authorized to locate upon 40680 the respective reservations, as hereinbefore specified, in such 913 tt0681 mauuei" as may be directed by la,w ; but no goods, provisious, 40683 groceries, or other articles, except materials for the erectioQ of 40683 houses and articles to facilitate the operations of agriculture, 40684 shall be issued to Indians or mixed-bloods on either reservation 40685 unless it be in payment for labor performed or for produce de- 40886 livered : Provided, That, when persons located on either reser- 40687 vation, by reason of age, sickness, or deformity, are unable to 40688 labor, the agent may issue clothing and subsistence to such per- 40680 sons from such supplies as may be provided for said bands. 40690 Article 9. The withdrawal of the Indians from all de- '40691 peudence upon the chase as a means of subsistence being neces- 40692 sary to the adoption of civilized habits among them, it is de- 40693 sirable that no encouragement be afforded them to continue 40694 their hunting operations as means of support, and, therefore, it 40695 is agreed that no person will be authorized to trade for furs or 40696 peltries within the limits of the land claimed by said bands, as 40697 specified in the second article of this treaty, it being contera- 40698 plated that the Indians will rely solely upon agricultural and 40G99 mechanical labor for subsistence, and that the agent will supply 40700 the Indians and mixed-bloods on the respective reservations 40701 with clothing, provisions, &o., as set forth in article eight, so 40702 soon as the same shall be provided for that purpose. And it is 40703 further agreed that no person not a member of said bands, par- 40704 ties hereto, whether wliite, mixed-blood, or Indian, except per- 40705 sons in the employ of the Government, or located under its 40706 authority, shall be permitted to locate upon said lands either 40707 for hunting, trapping, or agricultural purposes. 40708 Aeticlb 10. The chiefs and head-men located upon either 40709 of the reservations set apart for said bands are authorized to 40710 adopt such rules, regulaitions, or laws for the security of life 40711 and property, the advancement of civilization, and the agricul- 40712 tural prosperity of the members of said bands upon the respect- 40713 ive reservations, and shall have authority, under the direction 40714 of the agent and without expense to the Government, to organize 40715 a force suflicient to carry out all such rules, regulations, or 40716 laws, and all rules and regulations for the government of said 40717 Indians, as may be pi'escribed by the Interior Department : Pro- 40718 vided, That all rules, regulations, or laws adopted or amended 40719 by the chiefs and head-men on either reservation shall receive 40720 the sanction of the agent. (See note on page 890.) 40721 Proclaimed May 2, 1867. 115 I T 914 40722 SIOUX— DIFFERENT TRIBES, BRULES, O'GULLALAS, 40723 ETC. 40724 Treaty between the United States of America and different tribes 40725 of Sioux Indians, concluded April 29 et seq., 1868 ; ratifica- 40726 tion advised February 16, 1869. _ 40727 Andeew Johnson, President of the United States of America, 40728 to all and singular to whom these presents shall come, 40729 greeting : 40730 Whereas a treaty was made and concluded at Fort Laramie, 40731 in the Territory of Dakota, [now in the Territory of Wyoming,] 40732 on the twenty-ninth day of April, and afterwards, in the year of 4073S our Lord one thousand eiglit hundred and sixty-eight, by and 40734 between Nathaniel G. Taylor, William T. Sherman, William S. 40735 Harney, John B. Sanborn, S. P. Tappan, 0. 0. Augur, and Alfred 40736 H. Terry, commissioners on the part of the United States, and 40737 Ma-za-pon-kaska,Tah-shun-ka-co-qui-pah, Heh-won-ge-chat, Mah- 40738 to-non-pah, Little Chief, Makh-pi-ah-lu-tah, Oo-cam-i-ya-ya, Con- 40739 te-pe-ta, Ma-wa-tau-ni-hav-ska, He-na-pin-wa-ni-ca, Wah-pali- 40740 shaw, and other chiefs and head-men of different tribes of Sioux 40741 Indians, on the part of said Indians, and duly authorized thereto 40742 by them, which treaty is. in the words and figures following, to 40743 wit: 40744 Articles of a treaty made and concluded by and between Lieu- 40745 ■ tenant-General William T. Sherman, General William S. 40746 Harney, General Alfred H, Terry, General 0. C. Augur, J. B. 40747 Henderson, Nathaniel G. Taylor, John B. Sanborn, and 40748 Samuel F. Tappan, duly appointed commissioners on the 40749 part of the United States, and the different bands of the 40750 Sioux Nation of Indians, by their chiefs and head-men, whose 40751 names are hereto subscribed, they being duly authorized to 40752 act in the premises. 40753 Akticlb 1. From this day forward all war between the 40754 parties to this agreement shall forever cease. The Government 40755 of the United States desires peace, and its honor is hereby 40756 pledged to keep it. The Indians desire peace, and they now 40757 pledge their honor to maintain it. 40758 If bad men among the whites, or among other people subject 40759 to the authority of the United States, shall commit any wrong 40760 upon the person or property of the Indians, the United -States 40761 will, upon proof made to the agent and forwarded to the Com- 40762 missioner of Indian Affa'irs at Washington City, proceed at once 40763 to cause the offender to be arrested and punished according to 40764 the laws of the United States, and also reimburse the injured 40765 person for the loss sustained. 915 407GG If bad men among the Indians shall commit a wrong or 40767 depredation upon the person or property of any one, white, 40768 black, or Indian, subject to the authority of the United States; 40769 and at peace therewith, the Indians herein named solemnly 40770 agree that they will, upon proof made to their agent and notice 40771 by him, deliver up the wrong-doer to the United States, to be 40772 tried and punished according to its laws; and in case they wil- 40773 fully refuse so to do, the person iujured shall be reimbursed for 40774 his loss from the annuities or other moneys due or to become 40775 due to them under this or other treaties made -with the United 40776 States. And the President, on advising with the Commissioner 40777 of Indian Affairs, shall prescribe such rules and regulations for 40778 ascertaining damages under the provisions of this article as in 40779 his judgment may be proper. But no one sustaining loss while 40780 violating the provisions of this treaty or the laws of the United 40781 States shall be re-imbursed therefor. 40782 Article 2. The United States agrees that the following 40783 district of country, to wit, viz : commencing on the east bank of 40784 the Missouri Eiver where the forty-sixth parallel of north lati- 40785 tude crosses the same; thence along low-water mark down said 40786 east bank to a point opposite where the northern line of the 40787 State of K'ebraska strikes the river; thence west across said 40788 river and along the northern line of Nebraska to the one hun- 40789 dred and fourth degree of longitude west from Greenwich; 40790 thence north on said meridian to a point where the forty-sixth 40791 parallel of north latitude intercepts the same ; thence due east 40792 along said parallel to the place of beginning ; and, in addition 40793 thereto, all existing reservations on the east bank of said river 40794 shall be, and the same is, set apart for the absolute and nndis- 40795 turbed use and occupation of the Indians herein named, and for 40796 such other friendly tribes or individual Indians as from time to 40797 time they may be willing, with the consent of the United States, 40798 to admit amongst them ; and the United States now solemnly 40799 agrees that no persons except those herein designated and 40800 authorized so to do, and • except such officers, agents, and era- 40801 ploy6s of the Government as may be authorized to enter upon 40802 Indian reservations in discharge of duties enjoined by law, shall 40803 ever be permitted to pass over, settle upon, or reside in the ter- 40804 ritory described in this article, or in such territory as may be 40805 added to this reservation for the use of said Indians, and hence- 40806 forth they will, and do hereby, relinquish all claims or right in 40807 and to any portion of the United States or Territories, except 40808 such as is embraced within the limits aforesaid, and except as 40809 hereinafter provided. 40810 Article 3. If it should appear from actual survey or other 40811 satisfactory examination of said tract of land that it contains 916 40812 less than one hundred and sixty acres of tillable land for each 40813 person who, at the time, may be authorized to reside on it under 40814 the provisions of this treaty, and a very considerable number of 40815 such persons shall be disposed to commence cultivating the soil 40816 as farmers, the United States agrees to set apart, for the use of 40817 said Indians, as herein provided, such additional quantity of 40818 arable land, adjoining to said reser.vation, or as near to the same 40819 as it can be obtained, as may be required to provide the necessary 40820 amount. 40821 Article 4. The United States agrees, at its own proper 40822 expense, to construct at some place on the Missouri Elver, near 40823 the centre of said reservation, where timber and water may be 40824 convenient, the following buildiugs, to wit : a warehouse, a 40825 store-room for the use of the ageht in storing goods belonging to 40826. the Indians, to cost not less than twenty-five hundred dollars ; 40827 an agency-building for the residence of the agent, to cost not 40828 exceeding three thousand dollars ; a residence for the physician, 40829 to cost not more than three thousand dollars; and five other ■ 40830 buildings, for a carpenter, farmer, blacksmith, miller, and engi- 40831 neer, each to cost not exceeding two thousand dollars ; also a 40832 school-house or mission-building, so soon as a sufiflcient number 40833 of children can be induced by the agent to attend school, which 40834 shall not cost exceeding five thousand dollars. 40835 The United States agrees further to cause to be erected on 40836 said reservation, near the other buildings herein authorized, a 40837 good steam circular-saw mill, with a grist-mill and shingle- 40838 machine attached to the same, to cost not exceeding eight thou- 40839 sand dollars. 40840 Aexicle 5. The United States agrees that the agent for 40841 said Indians shall in the future make his home at the agency- 40842 building; that he shall reside among them, and keep an office 40843 open at all times for the purpose of prompt and diligent inquiry 40844 into such matters of complaint by and' against the Indians as 40845 may be presented for investigation under the provisions of their 40846 treaty stipulations, as also for the faithful discharge of other 40847 duties enjoined on him by law._ In all cases of depredation on 40848 .person or property he .shall cause the evidence to betaken in 40849 writing and forwarded, together with his findings, to the Oom- 40850 missioner of Indian Affairs, whose d ecision , s ubj ect to the revision 40851 of the Secretary of the Interior, shall be binding on the parties 40852 to this treaty. 40853 Akticle 6. If any individual belonging to said tribes ot 40854 Indians, or legally incorporated with them, being the head of a 40855 family, shall desire to commence farming, he shall have the 40856 privilege to select, in the presence and with the assistance of 40857 .the agent then in charge, a tract of land within said reservation. 917 4:0858 not exceeding three hundred and twenty acres in extent, which 40859 tract, when so selected, certified, and recorded in the " land-book," 40860 as herein directed, shall cease to be held ia common, but the 40861 same may be occupied and held in the exclusive possession of 40862 the person selecting it, and of liis familj'-, so long as he or they 40863 may continue to cultivate it. 40864 Any person over eighteen years of age, not being the head 40865 of a family, may, in like manner, select and cause to be certified 40866 to him or her, for purposes of cultivation, a quantity of land not 408G7 exceeding eighty acres in extent, and thereupon be entitled to 40868 the exclusive possession of the same as above directed. 40809 Tor each tract of land so selected, a certificate, containing a 40870 description thereof and the name of the person selecting it, with 40871 a certificate endorsed thereon that the same has been recorded, 40872 shall be delivered to the party entitled to it, by the agent, after 40873 the same shall have been recorded by him in a book to be kept 40874 in his offlce, subject to inspection, which said book shall be 40875 known as the " Sioux Land-Book." 40876 The President may, at any time, order a survey of the res- 40877 ervatioD, and, when so surveyed, Congress shall provide for pro- 40878 tecting the rights of said settlers in their improvements, and 40879 may fix the character of the title held by each. The United 40880 States may pass such laws on the subject of alienation and de- 40881 scent of property between the Indians and their descendants as 40882 may be thought proper. And it is further stipulated that any 40883 male Indians, over eighteen years of age, of any band or tribe 40884 that is or shall hereafter become a party to this treaty, who now 40885 is or who shall hereafter become a resident or occupant of any 40886 reservation or Territory not included in the tract of country des- 40887 ignated and described in this treaty for the permanent home of 40888 the Indians, which is not mineral land, nor reserved by the 40889 LTnited States for special purposes other than Indian occupation, 40890 and who shall have made improvements thereon of the value of 40891 two hundred dollars or more, and continuously occupied the 40892 same as a homestead for the term of three years, shall be enti- 40893 tied to receive from the United States a patent for one hundred 40894 and sixty acres of land including his said improvements, the 40895 same to be in the form of the legal subdivisions of the surveys 40896 of the public lands. Upon application in writing, sustained by 40897 the proof of two disinterested witnesses, made to the register of 40898 the local land-office when the land sought to be entered is within 40899 a land district, and when the tract sought to be entered is not 40900 in any land district, then upon said application and proof being 40901 made to the Commissioner of the General Land-Office, and the 40902 right of such Indian or Indians to enter such tract or tracts of 40903 land shall accrue and be perfect from the date of his first improve- 918 40904 meats thereon, and shall continue as long as he continues his 40905 residence and improvements, and no longer. And any Indian 40906 or Indians receiving a patent for land under the foregoing pro- 40907 visions shall thereby and from thenceforth become and be a 40908 citizen of the United States, and be entitled to all the privileges 40909 and immunities of such citizens, and shall, at the same time, 40910 retain all his rights to benefits accruing to Indians under this 40911 treaty. 40912 Article 7. In order to insure the civilization of the Indians 40913 entering into this treaty, the necessity of education is admitted, 40914 especially of such of them as are or may be settled on said agri- 40915 cultural reservations, and they therefore pledge themselves to 40916 compel their children, male and female, between the ages of six 40917 and sixteen years, to attend school ; and it is hereby made the 40918 duty of the agent for said Indians to see that this stipulation is 40919 strictly complied with ; and the United States agrees that for 40920 every thirty children between said ages who can be induced or 40921 compelled to attend school, a house shall be provided and a 40922 teacher competent to teach the elementary branches of an Eng- 40923 lish education shall be furnished, who will reside among said 40924 Indians, and faithfully discharge his or her duties as a teacher. 40925 The provisions of this article to continue for not less than twenty 40926 years. 40927 Aeticle 8. When the head of a family or lodge shall Lave 40928 selected lands and received his certificate as above directed, and 40929 the agent shall be satisfied that he intends in good faith to com- 40930 mence cultivating the soil for a living, he shall be entitled to 40931 receive seeds and agricultural implements for the first year, not 40932 exceeding in value one hundred dollars, and for each succeeding 40933 year he shall continue to farm, -for a period of three years more, 40934 he shall be entitled to receive seeds and implements as aforesaid, 40935 not exceeding in value twenty-five dollars. 40936 And it is further stipulated that such persons as commence 40937 farming shall receive instruction from the farmer herein provided 40938 for, and whenever more than one hundred persons shall enter 40939 upon the cultivation of the soil, a second blacksmith shall be 40940 provided, with such iron, steel, and other material as may be 40941 needed. 40942 Article 9. At any time after ten years from the making of 40943 this treaty, the United States shall have, the privilege of with- 40944 drawing the physician, farmer, blacksmith, carpenter^ engineer, 40945 and miller herein provided for, but in case of such withdrawal 40946 an additional sum thereafter of ten thousand dollars per annum 40947 shall be devoted to the education of said Indians, and the Com- 40948 missioner of Indian Affairs shall, upon careful inquiry into their 40949 condition, make such rules and regulations for the expenditure 919 40950 of said sum as will best promote the educational and moral im- 40951 provemcnt of said tribes. 40952 Article 10. In lieu of all sums of money or other annuities 40953 provided to be paid to the Indians herein named, under any 40954 treaty or treaties heretofore made, the United States agrees to '40955 deliver at the agency-house on the reservation herein named, 40956 on [or before] the first day of August of each year, for thirty 40957 years, the following articles, to wit: 40958 For each male person over fourteen years of age, a suit of 40959 good substantial woolen clothing, consisting of coat, pantaloons, 40960 flannel shirt, hat, and a pair of home-made socks. 40961 For each female over twelve years of age, a flannel skirt, 40962 or the goods necessary to make it, a pair of woolen hose, twelve 40963 yar,ds of calico, and twelve yards of cotton domestics. 40964 For the boys and girls under the ages named, such flannel 40965 and cotton goods as may be needed to make each a suit as afore- 40966 said, together with a pair of woolen hose for each, 40967 And in order that the Commissioner of Indian Affairs may 40968 be .able to estimate properly for the articles herein named, it 40969 shall be the duty of the agent each year to forward to him a full 40970 and exact census of the Indians, on which the estimate from 40971 year to year can be based. 40972 And in addition to the clothing herein named, the sum of. 40973 ten dollars for each person entitled to the beneficial effects of 40974 this treaty shall be annually appropriated for a period of thirty 40975 years, while such persons roam and hunt, and twenty dollars for 40976 each person who engages in farming, to be used by the Secre- 40977 tary of the Interior in the purchase of such articles as from time 40978 to time the condition and necessities of the Indians may indicate 40979 to be proper. And if within the thirty years, at any time, it 40980 .shall appear -that the amount of money needed for clothing 40981 under this article can be appropriated to better uses for the In- 40982 dians named herein. Congress may, by law, change tlie appro- 40983 priation to other purposes ; but in no event shall the amount of 40984 this appropriation be withdrawn or discontinued for the period 40985 named. And the President shall annually detail an officer of 40986 the Array to be present and attest the delivery of all the goods 40987 herein named to the Indians, and he shall inspect and report on 40988 the quantity and quality of the goods and the manner of their 40989 delivery. And it is hereby expressly stipulated that each In- 40990 dian over the age of four years, who shall have removed to and 40991 settled' permanently upon said reservation and complied with 40992 the stipulations of this treaty, shall be entitled to receive from 40993 the United States for the period of four years after he shall have 40994 settled upon said reservation, one pound of meat and one pound 40995 of flour per day, provided the Indians cannot furnish tbeir own 920 40996 siibsisteuce at au earlier date. And it is farther stipulated that 40997 the Uuited States will furnish and deliver to each lodge of In- 40998 dians or family of persons legally incorporated with them, who 40999 shall remove to the reservation herein described and commence 41000 farming, one good American cow, and one good well-broken pair 41001 of American oxen within sixty days after such lodge or family 41002 shall have so settled upon said reservation. 41003 Abticle 11. In consideration of the advantages and bene- 41004 fits conferred by this treaty, and the many pledges of friendship 41005 by the United States, the tribes who are parties to this agree- 41006 ment hereby stipulate that they will relinquish all right to 41007 occupy permanently the territory outside their reservation as 41008 herein defined, but yet reserve the right to hunt on any lands 41009 north of North Platte, and on the Eepublican Fork of the Smoky 41010 Hill Eiver, so long as the buffalo may range thereon in such 41011 numbers as to justify the chase. And they, the said Indians, 41012 further expressly agree : 41013 1st. That they will withdraw all opposition to the construc- 41014 tion of the railroads now being built on the plains. 41015 2d. That they will permit the i^eaceful construction of any 41016 railroad not passing over their reservation as herein defined. 41017 3d. That they will not attack any persons at home or travel- 41018 ling, nor molest or disturb any wagon-trains, coaches, mules, or 41019 cattle belonging to the people of the United States or to per- 41020 sons friendly therewith. 41021 4th. They will never capture or carry off from the< settle-^ 41022 ments white women or children. 41023 oth. They will never kill or scalp white men, nor attempt to 41024 do them harm. 41.025 Gth. They withdraw all pretence of opposition to the con- 41026 strnction of the railroad now being built along the Platte Eiver 41027 and westward to the Pacific Ocean, and they will not in future 41028 object to the construction of railroads, wagon-roads, mail-sta- 41029 tions, or other works of utility or necessity which may be ordered 41030 or permitted by the laws of the United States. But should 41031 such roads or other works be constructed on the lands of their 41032 reservation, the Government will pay the tribe whatever amount 41033 of damage may be assessed by three disinterested commission- 41034 ers, to be appointed by the President for that purpose, one of 41035 said commissioners to be a chief or head-man of the tribe. 41036 7th, They agree to withdraw all opposition to the military 41037 posts or roads now established south of the North Platte Eiver, 41038 or that may be established, not in violation of treaties hereto- 41039 fore made or hereafter to be made with any of the Indian tribes. 41040 Article 12. Bo treaty for the cession of any portion or 41041 ' part of the reservation herein described which may be held in 921 41042 common shall be of any validity or force as against the said 41043 Indians unless executed and signed by at least three-fourths of 41044 all the adult male Indians occupying and interested in the same ; 41045 and no cession by the tribe shall be understood or construed in 41046 such manner as to deprive, without his consent, any individual 41047 member of the tribe of his rights to any tract of land selected 41048 by him, as provided in article 6 of this treaty. 41049 Article 13. The United States hereby agrees to furnish 41050 annually to the Indians the physician, teachers, carpenter, mill- 41051 'er, engineer, farmer, and blacksmiths as herein contemplated, 41052 and that such appropriations shall be made from time to time, 41053 on the estimates of the Secretary of the Interior, as will be 41054 sufficient to employ such persons. 41055 Article 14. It is agreed that the sum of live hundred dol- 41056 lars annually, for three years from date, shall be expended in 41057 presents to the ten persons of said tribe who, in the judgment 41058 of the agent, may grow the most valuable crops for the respect- 41059 ive year. 41060 Article 15. The Indians herein named agree that when the 41061 agency-house or other buildings shall be constructed on the 41062 reservation named, they will regard the said reservation their 41063 permanent home, and they will majse no permanent settlement 41064 elsewhere ;, but they shall have the right, subject to the con- 41065 ditions and modifications of this treaty, to hunt, as stipulated 41066 in Article 11 hereof. 41067 Article 16. The United States hereby agrees and stipu- 41068 . lates that the country north of the North Platte Eiver and east 41069 of the summits of the Big Horn Mountains shall be held and 41070 considered to be uuceded Indian territory, and also stipulates 41071 and agrees that no white person or persons shall be permitted 41072 to settle upon or occupy any portion of the same, or, without 41073 the consent of 'the Indians first had and obtained, to pass 41074 through the same ; and it is further agreed by the United States 41075 that within ninety days after the conclusion of peace with all 41076 the bands of the Sioux Nation, the military posts now estab- 41077 lished in the territory in this article namedshall be abandoned, 41078 and that the road leading to them and by them to the settle- 41079 meuts in the Territory of Montana shall be closed. 41080 Article 17. It is hereby expressly understood and agreed 41081 by and between the respective parties to this treaty that the 41082 execution of this treaty and its ratification by the United States 41083 Senate shall have the effect and shall be construed as abrogat- 41084 ing and annulling all treaties and agreements heretofore entered 41085 'into between the respective parties hereto, so far as such treaties 41086 and agreements obligate the United States to furnish and pro- 116 IT 922 41087 vide money, clothing, or other articles of property to such In- 41088 dians and bands of Indians as become parties to this treaty, but 41089 no further. 41090 Proclaimed February 24, 1869. 41091 Articles concluded at Fort Stanwix, on the twenty-second day of 41092 October, one tJiousand seven hundred and eighty/our, between 41093 Oliver Wolcott, Richard Butler, and Arthur Lee, commis- 41094 sioners plenipotentiary from the United States, in Congress 41095 assemhled, on the one part, and the sachems and icarriors of 41096 the Six Nations on the other. 41097 The United States of America give peace to the Senecas, 41098 Mohawks, Onondagas, and Cayugas, and receive them into their 41099 protection upon the following conditions : 41100 Article 1. Six hostages shall be immediately delivered to 41101 the commissioners by the said nations, to remain in possession 41102 of the United States till all the prisoners, white atfd black, 41103 which were taken by the said Senecas, Mohawks, Onondagas, 41104 and Cayugas, or by any of them, in the late war, from, among 41105 the people of the United States, shall be delivered up. 41106 Article 2, The Oneida and Tuscarora Nations shall be 41107 secured in the possession of the lands on which they are setfled. 41108 Article 3. A line shall be drawn, beginning at the mouth 41109 of a creek about four miles east of Niagara, called Oyonwayea, 41110 or Johnston's Landing-Place, upon the lake named by the In- 41111 dians Oswego, and by us Ontario; from thence southerly in a 41112 direction always four miles east of the carrying-path, between 41113 Lake Erie and Ontario, to the mouth of Tehoseroron, or Bufifaloe 41114 Creek on Lake Erie ; thence south to the north boundary of the 41115 State of Pennsylvania ; thence west to the end of the said north 41116 boundary; thence south along the west boundary of the said 41117 State to the river Ohio ; the said line, from the mouth of the 41118 Oyonwayea to the Ohio, shall be the western boundary of the 41119 lands of the Six Nations, so that the Six Nations shall and do 41120 yield to the United States all claims to the country west of the said 41121' boundary, and then they shall be secured in the peaceful posses- 41122 sion of the lands they inhabit east and north of the same, reser- 41123 ving only six miles square round the fort of Oswego to the 41124 United States for the support of the same. 41125 Article 4. The commissioners of the United States, in con- 41126 sideration of the present circumstances of the Six Nations, and 41127 in execution of the humane and liberal views of the United 41128 States upon the signing of the above articles, will order goods to 41129 be delivered to the said Six Nations for their use and comfort. 41130 Proclaimed October 22, 1784. 923 41131 SIX NATIONS, 41132 Articles of a treaty made at Fort Harmar the ninth day of Jatrn- 41133 ary, in the year of our Lord one thousand seven hundred and 41134 eighty-nine, between Arthur St. Glair, esquire, governor of the 41135 territory of the United States of America northwest of the 41136 river Ohio, and commissioner plenipotentiary of the said 41137 United States for removing all causes of controversy, regulat- 41138 ing trade, and settling boundaries between the Indian nations 41139 in the northern department and the said United States, of the 41140 one part, and the sachems and warriors of the Six Nations, of 41141 the other part. 41142 Article 1. Whereas the Uuited States iu Congress assein- 41143 bled did, by their commissioners, Oliver Wolcott, Eichard But- 41144 ler, and Arthur Lee, esquires, duly appointed for that purpose, 41145 at a treaty held with the said Six Nations, viz: with the Mo- 41146 hawks, Oneidas, Onoudagas, Tuscaroras, Cayugas, and Sene- 41147 kas, at Fort Stanwlx, on the twenty-second day of October, one 41148 thousand seven hundred and eighty-four, give peace to the said 41149 nations and receive them into their friendship and protection ; 41150 and 41151 Whereas the said nations have now agreed to and with the 41152 said Arthur St. Clair to renew and confirm all the engagements 41153 and stipulations entered into at the before-mentioned treaty at 41154 Fort Stanwix ; and 41155 Whereas it was then and there agreed between the United 41156 States of America and the said Six Nations that a boundary- 41157 line should be fixed between the lands of the said Six Nations 41158 and the territory of the said United States, which boundary- 41169 line is as follows, viz : Beginning at the mouth of a creek about 41160. four miles east of Niagara, called Ononwayea, or Johnston's 41161 Landing-Place, upon the lake named by the Indians Oswego and 41162 by us Ontario; from thence southerly, in a direction always 41163 four miles easf of the carrying-place, between Lake Erie and 41164 Lake Ontario, to the mouth of Tehoseroton or Buffalo Creek, 41165 upon Lake Erie ; thence south to the northern boundary of the 41166 State of Pennsylvania ; thence west to the end of the said north 41167 boundary; thence south along the west boundary of the said 41168 State to the river Ohio. The said line, from the mouf;h of On- 41169 onwayea to the Ohio, shall be the western boundary of the 41170 lands of the Six Nations, so that the Six Nations shall and do 41171 yield to the United States all claim to the country west of the 41172 said boundary ; and then they shall be secured in the possession 41173 of the lands they inhabit east, north, and south of the same, re- 924 41174 serving only six miles square round the fort of Oswego for the 41175 support of the same. The said Six Nations, except the Mo- 41176 hawks, none of whom have attended at this time, for and in 41177 consideration of the peace then granted to them, the presents 41178 they then received, as well as in consideration of a quantity of 41179 goods to the value of three thousand dollars, now delivered to 41180 them by the said Arthur St. Clair, the receipt whereof they do 41181 hereby acknowledge, do hereby renew and confirm the said 41182 boundary-line in the words before-mentioned to the end that it 41183 may be and remain as a division-line between the lands of the 41184 said Six Nations and the territory of the United States forever. 41185 And the undersigned Indians, as well in their own names as in 41186 the name of their respective tribes and nations, their heirs and 41187 descendants, for the considerations before mentioned, do release, 41188 quit-claim, relinquish, and cede to the United States of America 41189 all the lands west of the said boundary or division line and be- 41190 tween the said line and the strait, from the mouth of Ononwa- 41191 yea and Buffalo Creek, for them, the said United States of 41193 America, to have and to hold the same in true and absolute 41193 propriety forever. 41194 AuTiOLE 2. The United States of America confirm to the 41195 Six Nations all the lands which they inhabit lying east and 41196 north of the before-mentioned boundary-line, and relinquish 41197 and quit-claim to the same and every part thereof, excepting 41198 only six miles square round the fort of Oswego, which six miles 41199 square round said fort is again reserved to the United States by 41200 these presents. 41201 Article 3. The Oneida and Tuscarora Nations are also 41202 again secured and confirmed in the possession of their respect- 41203 ive lands. 41204 Article 4. The United States of America renew and con- 41205 firm the peace and friendship entered into with the Six Nations, 41206 (except the Mohawks,) at the treaty before mentioned, held at 41207 Port Stanwix, declaring the same to be perpetual.. And if the 41208 Mohawks shall within six months declare their assent to the 41209 same they shall be considered as included. 41210 SEPARATE ARTICLE. 41211 Should a robbery or murder be committed by an Indian or 41212 Indians of the Six Nations upon the citizens or subjects of the 41213 United States, or by the citizens or subjects of the United 41214 States, or any of them, upon any of the Indians of the said 41215 nations, the parties accused of the same shall be tried, and, if 41216 found guilty, be punished according to the laws of the State or 41217 of the territory of the United States, as the case may be, where 41218 the same was committed. And should any horses be stolen, 925 41219 either by the Indians of the said, nations, from the citizens 41220 or subjects of the United States, or any of them, or by any 41221 of the said citizens or subjects from any of the said Indians, 41222 they may be reclaimed into whose possession soever they 41223 may have come ; and, upon due proof, shall be restored, any 41224 sale in opien market notwithstanding ; and the persons con- 41225 victed shall be punished with the utmost severity the laws will 41226 admit. And the said nations engage to deliver the persons that 41227 may bo accused, of their nations, of either of the before-men- 41228 tioned crimes, at the nearest post of the United States, if the crime 41229 was committed within the territory of the United States, or to 41230 the civil authority of the State, if it shall have happened within 41231 any of the United States. 41232 Concluded June 9, 1789. 41233 A treaty between the United States of America and the tribes ofln- 41234 dians called tlie Six Nations. 41235 The President of the United States having determined to 41230 hold a conference with the Six Nations of Indians for the pur- 41237 pose of removing from their minds all causes of complaint and 41238 establishing a firm and permanent friendship with them, and 41239 Timothy Pickering being appointed sole agent for that purpose, 41240 and the agent having met and conferred with the sachems, chiefs, 41241 and warriors of the Six Nations in a general council, now, in order 41242 to accomplish the good design of this conference, the parties 41243 have agreed on the following articles, which, when ratified by 41244 the President, with the advice and consent of the Senate of the 41245 United States, shall be blading on them and the Six Nations. 41246 Artiole 1. Peace and friendship are hereby firmly estab- 41247 lished, and shall be perpetual, between the United States and 41248 the Six Nations. 41249 Article 2. The United States acknowledge the lands re- 41250 served to the Oneida, Onondaga, and Cayuga Nations, in their 41251 respective treaties with the State of New York, and called their 41252 reservations, to be their property ; and the United States will 41253 never claim the same, nor disturb them' or either of the Six 41254 Nations, nor their Indian friends residing thereon and united 41255. with them, in the free use and enjoyment thereof; but the said 41256 reservations shall remain theirs until they choose to sell the 41257 same to the people of the United States, who have the right to 41258 purchase. 41259 Article 3. The land of the Seneka Nation is bounded as 41260 follows : Beginning on Lake Ontario at the northwest corner of 41261 the land they sold to Oliver Phelps, the line runs westerly along 926 41262 the lake, as far as 0-yong-wong-yeh Creek, afc Johnson's Land- 41263 ing-Place, about four miles eastward from the Fort of Niagara ; 41264 then southerly up that creek to its main fork ; then straight to 41265 the main fork of Stedman's Creek, which empties into the river 41266 Niagara above Fort Schlosser, and then onward from that fork, 41267 continuing the same straight course, to that river; (this line, 41268 from the mouth of O-yong-wong-yeh Creek to the river Niagara, 41269 above Fort Schlosser, being the eastern boundary of a strip of 41270 land, extending from the same line to Niagara Eiver, which the 41271 Seneka Nation ceded to the King of Great Britain, at a treaty 41272 held about thirty years ago, with Sir William Johnson;) then 41273 the line runs along the river Niagara to Lake Erie ; then along 41274 Lake Brie to the northeast corner of a triangular piece of land 41275 which the United States conveyed to the State of Pennsylvania, 41276 as by the President's patent dated the third day of March, 1792 ; 41277 then due south to the northern boundary of that State ; then 41278 due east to the southwest corner of the land sold ^y the Seneka 41279 Nation to Oliver Phelps ; and then north and northerly along 41280 Phelps's line to the place of beginning on Lake Ontario. Now, 41281 the United States acknowledge all the land within the afore- 41282 mentioned boundaries tO be the property of the! Seneka Nation ; 41283 and the United States will never claim the same, nor disturb 41284 the Seneka Nation, nor any of the Six Nations, or of their Indian 41285 friends residing thereon and united with them, in the free use 41286 and enjoyment thereof; but it shall remain theirs, until they 41287 choose to sell the same to the people of the United States, who 41288 have the right to purchase. 41289 Article 4. The United States having thus described and 41290 acknowledged what lands belong to the Oneidas, Onondagas, 41291 Cayugas, and Senekas, and engaged never to claim the same, 41292 nor to disturb them, or any of the Six Nations, or their Indian 41293 friends residing thereon and united with them, in the free use 41294 and enjoyment thereof, now, the Six Nations, and each of 41295 them, hereby engage that they will never claim any other lands 41296 within the boundaries of the United States, nor ever disturb the 41297 people of the United States in the free use and enjoyment 41298 thereof. 41299 Article 5. The Seneka Nation-, all others of the Six Na- 41300 tions concurring, cede to the United States the right of making 41301 a waggon road from Fort Schlosser to Lake Brie, as far south 41302 as Buffaloe Creek ; and the people of the United States shall 41303 . have the free and undisturbed use of this road for the purposes 41304 of travelling and transportation. And the Six Nations, and each 41305 of them,' will forever allow to the people of the United States a 41306 free passage througli their lands, and the free use of the har- 41307 hours and rivers adjoining and within their respective tracts of 927 41308 land, for the passing and securing of vessels and boats, and 41309 liberty to land their cargoes where necessary for their safety. 41310 Article 6. In consideration of the peace and friendship 41311 hereby established, and of the engagements entered into by the 41313 Six Kations, and because the United States desire with human. 41313 ity and kindness to contribute to their comfortable support, and 41314 to render the peace and friendship hereby established strong and 41315 perpetual, the United States now deliver to the Six Nations, and 41316 the Indians of the other nations residing among and united with 41317 them, a quantity of goods of the value of ten thousand dollars. 41318 And for the same considerations, and with a view to promote 41319 the future welfare of the Six Nations, and of their Indian friends 41320 aforesaid, the United States will add the sum of three thousand 41321 dollars to the one thousand five hundred dollars heretofore al- 41322 lowed them by an article ratified by the President ou the twenty- 41323 third day of April, 1792, making, in the whole, four thousand five 41324 hundfed dollars, which shall be expended yearly forever in pur 41325 chasing clothing, domestic animals, implements of husbandry, 41326 and other utensils suited to their circumstances, and in compen- 41327 sating useful artificers, who shall reside with or near them, and 41328 be employed for their benefit; the immediate application of the 41329 whole annual allowance now stipulated to be made by the super- 41330 intendent appointed by the President for the affairs of the Six 41331 Nations and their Indian friends aforesaid. 41332 Aeticle 7. Lest the firm peace and friendship now estab- 41333 lished should be interrupted by the misconduct of individuals, 41334 the United States and Six Nations agree that, for injuries done 41335 by individuals on either side, no private revenge or retaliation 41336 shall take place, but instead thereof complaint shall be made by 41337 the party injured to the other — by the Six Nations, or any of 41338 them, to the President of the United States or the superintend- 41339 ent by him appointed, and by the superintendent or other person 41340 appointed by the President to the principal chiefs of the Six 41341 Nations, or of thenation to which the offender belongs, and such 41342 prudent measures shall then be pursued as shall be necessary to 41343 preserve our peace and friendship unbroken, until the legislature 41344 (or great council) of the United States shall make other equitable 41345 provision for the purpose. 41346 Note. — It is clearly understood by the parties to this treaty 41347 that the annuity stipulated in the sixth article is to be applied 41348 to the benefit of such of the Six Nations, and of their Indian 41349 friends united with them as aforesaid, as do or shall reside within 41350 the boundaries of the United States, for the United States do 41351 not interfere with nations, tribes, or families of Indians elsewhere 41352 residettt. 41353 Proclaimed January 21, 1795. 928 41354 SHOSHONEES— NOETHWESTBEN BANDS. 41355 Treaty between tlie United States of America and the northwestern 41356 bands of Shoshonee Indians, concluded at Box Elder, July 30, 41357 1863; ratification advised, with amendments, by the Senate, 41358 March 7, 1864; amendments assented to November 18, 1864. 41359 Abraham Lincoln, President of the United States of America, 41360 to all and singular to whom these presents shall come, 41361 greeting : 41362 Whereas a treaty was made and concluded at Box Elder, 41363 in the Territory of Utah, on the thirtieth day of July, in the 41364 year of our Lord one thousand eight hundred and sixty-three, 41365 by and between James Duane Doty, commissioner, and Briga- 41366 dier-General P. Edward Connor, on the part of the United 41367 States, and the hereinafter-named chiefs and warriors of the 41368 northwestern bands of Shoshonee Indians, on the part of said 41369 bands of Indians, and duly authorized thereto by them, which 41370 treaty is in the words and figures following, to wit : 41371 Articles of agreement made at Box Elder, in Utah Territory, 41372 this thirtieth day of July, A. D. one thousand eight 41373 hundred and sixty- three, by and between the United States 41374 of America, represented by Brigadier-General P. Edward 41375 Connor, commanding the military district of Utah, and 41376 James Duane Doty, commissioner, and the northwestern 41377 bands of the Shoshonee Indians, represented by their chiefs 41378 and warriors : 41379 Article 1. It is agreed that friendly and amicable 41380 relations shall be re-established between the bands of the 41381 Shoshonee Nation, parties hereto, and the United States, and 41382 it is declared that a firm and perpetual peace shall be henceforth 41383 maintained between the said bands and the United States. 41384 Article 2. The treaty concluded at Fort Bridger on the 41385 2nd day of July, 1863, (proclaimed February 24, 1869; see page 41386 931,) between the United States and the Shoshonee Nation, being 41387 read and fully interpreted and explained to the said chiefs and 41388 warriors, they do hereby give their full and free assent to all of 41389 the provisions of said treaty, and the same are hereby adopted 41390 as a part of this agreement, and the same shall be binding upon 41391 the parties hereto. 41392 Article 3. In consideration of the stipulations in the 41393 preceding articles, the United States agree to increase the 41394 annuity to the Shoshonee Nation five thousand dollars, to be 41395 paid in the manner provided in sai^ treaty. And the said 41396 northwestern bands hereby acknowledge to have received of the 929 41397 United States, at the signing of these articles, provisions and 41398 goods to the amount of two thousand dollars, to relieve their 41399 immediate necessities, the said bands having been reduced by 41400 the war to a state of utter destitution. 41401 Aeticlh 4. The country claimed by Pokatello, for himself 41402 and his people, is bounded on the west by Eaft Eiver and on the 41403 east by the Porteneuf Mountains. 41404 Article 5. Nothing herein contained shall be construed 41405 or taken to admit any other or greater title or interest in the 41406 lands embraced within the territories described in said treaty in 41407 said tribes or bands of Indians than existed in them upon the 41408 acquisition of said territorfes from Mexico by the laws thereof. 41409 Proclaimed June 17, 1865. 41410 SHOSHONBE-GOSHIPS. 41411 Treaty between the United States of America and the Shoshonee- 41412 GosMp hands of Indians, concluded at Tuilla Valley October 41413 12, 1863 ; ratification advised, with amendment by the Senate, 41414 March 7, 1864 ; amendment assented to November 24, 1864. 41415 Abraham Lincoln, President of the United States of America, 41416 to all and singular to whom these presents shall come, 41417 greeting: 41418 Whereas a treaty was made and concluded at Tuilla Valley, 41419 in the Territory of Utah, on the twelfth day of October, in the 41420 year of our Lord one thousand eight hundred and sixty-three, by 41421 and between James Duane Doty and P. Edward Connor, com- 41422 missioners on the part of the United States, and the hereinaf- 41423 ter-named chiefs, principal men, and warriors of the Shoshonee- 41424 Goship bands of Indians, on the part of said bands of Indians, 41425 and duly authorized thereto by them, which treaty is in the 41426 words and figures following, to wit : 41427 Treaty of peace and friendship made at Tuilla Valley, in the 41428 Territory of Utah, this twelfth day of October, A. D. one 41429 thousand eight hundred and sixty-three, between the United 41430 States of America, represented by the undersigned commis- 41431 sioners, and the Shoshonee- Goship bands of Indians, repre 41432 sented by their chiefs, principal men, and warriors, as foT- 41433 lows : 41434 Article 1. Peace and friendship is hereby established and 41435 shall be hereafter maintained between the Shoshonee-Goship 41436 brands of Indians and the citizens and Government of the United 41437 States 5 and the s^id bauds stipulate and agree that hostilities 117 I T 930 41438 and all depredations upon the emigrant trains, the mail, and tel- 41439 egraph lines, and upon the citizens of the United States, within 41440 their country, shall cease. 41441 Article 2. It is further stipulated by said bands that the 41442 several routes of travel through their country now or hereafter 41443 used by white men shall be forever free and unobstructed by 41444 them, for the use of the Government of the United States, and 41445 of all emigrants and travellers within it under its authority and 41446 . protection, without molestation or injury from them. And if 41447 depredations are at any time committed by bad men of their 41448 own or other tribes within their country, the offenders shall be 41449 immediately taken and delivered up to the proper officers of 41450 the United States, to be punished as their offences may deserve; 41451 and the safety of all travellers passing peaceably over either of 41452 said routes is hereby guaranteed by said bands. 41453 Military posts may be established by the President of the 41454 United States along said routes, or elsewhere in their country, 41455 and station-houses may be erected and occupied at such points 41456 as may be necessary for the comfort and convenience of travel- 41457 lers. or for the use of the mail or telegraph companies. 41458 Article 3. The telegraph and overland stage lines having 41459 been established and operated by companies under the authority 41460 of the United States through the coun try occupied by said bands, 41461 it is expressly agreed that the same may be continued without 41462 hindrance, molestation, or injury from the people of said bands, 41463 and that their property, and the lives and property of passengers 41464 in the stages, and of the employees of the respective companies, 41465 shall be protected by them. 41466 And further, it being understood that provision has been 41467 made by the Government of the United States for the construo- 41468 tion of a railway from the plains west to the Pacific Ocean, it is 41469 stipulated by said bands that the said railway or its branches 41470 may be located, constructed, and operated, and without moles- 41471 tation from them, through any portion of the country claimed 41472 or occujued by them. 41473 Article 4. It is further agreed by the parties hereto that 41474 the country of the Goship tribe may be explored and prospected 41475 for gold and silver or other minerals and metals, and. when 41476 mines are discovered they may be worked, and mining and agri 41477 cultural settlements formed, and ranches established wherever 41478 they may be required. Mills may be erected and timber t^ken 41479 for their use, as also for building and other purposes, in any 41480 partof said country. 41481 Article 5. It is understood that the boundaries of the 41482 country claimed and occupied by the Goship tribe, as defined 41483 and described by said bands, are as follows : On the north by 931 ■ 41484 the middle of the Great Desert; on the west by Steptoe Valley; 41485 on the south hy Tooedoe or Green Mountains, and on the east 41486 by Great Salt Lake, Tuilla, and Rush Valleys. 41487 Article 6. The said bands agree that whenever the Presi- 41488 dent of the United States shall deem it expedient for them to 41489 abandon the roaming life which they now lead, and become set- 41490 tied as herdsmen or agriculturists, he is hereby authorized to 41491 make such reservations for their use as he may deem necessary; 41492 and they do also agree to remove their camps to such reserva- 41493 tions as he may indicate, and to reside and remain thereon. 41494 Article 7. The United States being aware of the incon- 41495 venience resulting to the Indians, in consequence of the driving 41496 away and destruction of game along the routes travelled by 41497 white men, and by the formation of agricultural and mining set- 41498 tlements, are willing to fairly compensate them for the same. 41499 Therefore, and in consideration of the preceding stipulations, 41500 and of their faithful observance by said bands, the United States 41501 promise and agree to pay to the said Goship tribe, or to the said 41502 bands, parties hereto, at the option of the- President of the 41503 United States, annually for the term of twenty years, the sum 41504 of one thousand dollars, in such articles, including cattle for 41505 herding or other purposes, as the President shall deem suitable 41506 for their wants and condition, either as hunters or herdsmen. 41507 And the said bands, for themselves and for their tribe, hereby 41508 acknowledge the reception of the said stipulated annuities as a 41509 full compensation and equivalent for the loss of game and the 41510 rights and privileges hereby conceded, and also one thousand 41511 dollars in provisions and goods at and before the signing of this 41512 treaty. 41513 Article 8. Nothing herein contained shall be construed or 41514 taken to admit any other or greater title or interest in the lands 41515 embraced within the territories described in said treaty in said 41516 tribes or bands of Indians than existed in them upon the acquisi- 41517 tion of said territories from Mexico by the laws thereof. 41518 Proclaimed January 17, 1805. 41519 SHOSHO:XEES— EASTEEN BAND AND BANNAGKS. 41520 Treaty between the United States of America and the eastern band 41521 of Shoshonees and the Bannach tribe of Indians, concluded 41522 July 3, 1868; ratification advised February 10, 1869. 41523 Andrew Johnson, President of the United States of America, 41524 to all and singular to whom these presents shall come, 41525 greeting : 932 41526 "Whereas a treaty was made and concluded at Fort Bridger, 41527 in the Territory of Utah, on the third day of July, in the year of 41528 our Lord one thousand eight hundred and sixty-eight, by and 41529 between Nathaniel G. Taylor, William T. Sherman, William S. 41530 Harney, John B. Sanborn, S. F. Tappan, C. 0. Augur, and Al- 41531 fred H. Terry, commissioners on the part of the United States, 41532 and Wash-a-kie, Wau-ni-pitz, and other chiefs and head-men of 41533 the eastern band of Shoshonee Indians, and Tag-gee, Tay-to-ba, 41534 and other chiefs and head-men of the Bannack tribe of Indians, 41535 on the part of said band and tribe of Indians, respectively, and 41536 duly authorized thereto by them, which treaty is in the words 41537 and figures following, to wit : 41538 Articles of a treaty with the Shoshonees (eastern hand) and Ban- 41539 nack tribes of Indians, made the third day of July, 1868, at 41540 Fort Bridger, Utah Territory. 41541 Articles of a treaty made and concluded at Port Bridger, Utah 41542 Territory, on the third day of July, in the year of our Lord 41543 one thousand eight hundred and sixty-eight, by and be- 41544 tween the undersigned commissioners on the part of the 41545 United States, and the undersigned chiefs and head-men 41546 of and representing the Shoshonee (eastern band) andBan- 41547 nack tribes of Indians, they being duly authorized to act in 41548 the premises: 41549 Article 1. From this day forward peace between the par- 41550 ties to this treaty shall forever continue. The Government of 41551 the United States desires peace, and its honor is hereby pledged 41552 to keep it. The Indians desire peace, and they hereby pledge 41553 their honor to maintain it. 41554 If bad men among the whites, or among other people sub- 41555 ject to the authority of the United States, shall commit any wrong 41556 upon the person or property of the Indians, the United States 41557 .will, upon proof made to the agent and forwarded to the Com- 41558 missioner of Indian Affairs, at Washington City, proceed at once 41559 to cause the offender to be arrested and punished according to 41660 the laws of the United States, and also reimburse the injured 41561 person for the loss sustaiued. 41562 If bad men among the Indians shall commit a wrong or dep- 41563 redation upon the person or property of any one, white, Slack, 41564 or Indian, subject to the authority of the United States and at 41565 peace therewith, the Indians herein named solemnly agree that 41566 they will, on proof made to their agent and notice by him, de- 41567 liver up the wrong-doer to the United States, to be tried and 41568 punished according to the laws ; and in case they wilfully refuse 41569 so to do, the person injured shall be re-imbursed for his loss from 933 41570 the annuities or other moneys due or to become dne to them 41571 under this or other treaties made with the United States. And 41572 the President, on advising with the Commissioner of Indian Af- 41573 fairs, shall prescribe such rules and regulations for ascertaining 41574 . damages under the provisions of this article as in his judgment 41575 may be proper. But no such damages shall be adjusted and 41576 paid until thoroughly examined and passed upon by the Com- 41577 missioner of Indian Affairs,* and no one sustaining loss while 41578 violating or because of his violating the provisions of this treaty 41579 or the laws of the United States shall be reimbursed therefor. 41580 Abticle 2. It is agreed that whenever the Bannacks desire 41581 a reservation to be set apart for their use, or whenever the 41582 President of the United States shall deem it advisable for them 41583 to be put upon a reservation, he shall cause a suitable one to be 41584 selected for them in their present country, which shall embrace 41585 reasonable portions of the " Port S'euf " and " Kansas Prairie" 41586 countries, and that, when this reservation is declared, the United 41587 States will secure to the Bannacks the same rights and privi- 41588 leges therein, and make the same and like expenditures therein 41589 for their benefit, except the agency-house and residence of 41590 agent, in proportion to their numbers, as herein provided 41591 for the Shoshonee reservation. The United States further 41592 agrees that the following district of country, to wit: Com- 41593 mencing at the mouth af Owl Creek and running due south 41594 to the crest of the divide between the Sweetwater and Papo 41595 Agie Eivers ; thence along the crest of said divide and the 11596 summit of Wind Elver Mountains to the longitude of North il597 Fork of Wind Eiver; thence due north to mouth of said 41598 l^orth Fork and up its channel to a point twenty miles above its 41599 month ; thence in a straight line to head-waters of Owl Creek 41600 and along middle of channel of Owl Creek to place of beginning, 41601 shall be and the same is set apart for the absolute and undis- 41602 turbed use and occupation of the Shoshonee Indians herein 41603 named, and for such other friendly tribes or individual Indians 41604 as from time to time they may be willing, with the consent of 41605 the United States, to admit amongst them ; and the United 41606 States now solemnly agrees that no persons except those herein 41607 designated and authorized so to do, and except such officers, 41608 agents, and employes of the Government as may be authorized 41609 to enter upon Indian reservations in discharge of duties en- 41610 joined by law, shall ever be jjermitted to pass over, settle upon, 41611 or reside in the territory described in this article for the use of 41612 said Indians, and henceforth they will and do hereby relinquish 41613 all title,. claims, or rights in and to any portion of the territory 41614 of the United States, except such as is embraced within the 41615 limits aforesaid. 934 41616 Aetiolb 3. The United States agrees, at its own proper 41617 expense, to construct, at a suitable point on the Shoshonee reser- 41618 vation, a warehouse or storeroom for the use of the agent in 41619 storing goods belonging to the Indians, to cost not exceeding 41620 two thousand dollars; an agency building for the residence of 41621 the agent, to cost not exceeding three thousand ; a residence for 41622 the physician, to cost not more than two thousand dollars; and 41623 five other buildings, for a carpenter, fanner, blacksmltb, miller, 41624 and engineer, each to cost not exceeding two thousand dollars; 41625 also a school-house or mission^ building so soon as a sufficient 41626 number of children can be induced by the agent to attend 41627 school, which shall not cost exceeding twenty-five hundred dol- 41628 lars. 41629 The United States agrees further to cause to be erected on 41630 said Shoshonee reservation, near the other buildings herein au- 41631 thorized, a good steam circular-saw mill, with a gristmill and 41632 shingle-machine attached, the same to cost not more than eight 41633 thousand dollars. 41634 Akticle 4. The Indians herein named agree, when the 41635 agency house and other buildings shall be constructed on their 41636 reservations named, they will make said reservations their per- 41637 maneiit home, and they will make no permanent settlement else- 41638 where; but they shall have the right to hunt on the unoccupied 41639 lands of the United States so long as game may be found there- 41640 on, and so long as peace subsists among the whites and In- 41641 dians on the borders of the hunting districts. 41642 Article 5. The United States agrees that the agent for said 41643 Indians shall in the future make his home at the agency build- 41644 ing on the Shoshonee reservation, but shall direct and super- 41645 vise affairs on the Bannack reservation ; and shall keep an 41646 ofiice open at all times for the purpose of prompt and dili- 41647 gent inquiry into such matters of complaint by and against 41648 the Indians as may be presented for investigation under the 41649 provisions of their treaty stipulations, as also for the faithful 41650 discharge of other duties enjoined by law. In all cases -of 41651 depredation on person or property he shall cause the evidence 41652 to be taken in writing, and forwarded, together with his finding, 41653 to the Commissioner of Indian Affairs, whose decision shall be 41654 binding on the parties to this treaty. 41655 Aeticle 6. If any individual belonging to said tribes of 41656 Indians, or legally incorporated with them, being the head of a 41657 family, shall desire to commence farming, he shall have the 41658 privilege to select, in the presence and with the assistance of 41659 the agent then in charge, a tract of land within the reservation 41660 of his tribe, not exceeding three hundred and twenty acres in 41661 extent, which tract so selected, certified, and recorded in the 935 41662 "land-book," as herein directed, shall cease to be held in com- 41663 mon, but the same may be occupied and held iu the exclusive 41B64 possession of the persou selecting it, and of his famih', so long 41665 as he or they may continue to cultivate it. 41666 Any person over eighteen years of age, not being the head 41667 of a family, may, in like manner, select and cause to be certified 41668 to him or her, for purposes of cultivation, a quantity of land 41669 not exceeding eighty acres in extent, and thereupon be entitled 41670 to the exclusive possession of the same as above described. For 41671 each tract of land so selected a certificate, containing a descrip- 41672 tion thereof, and the name of the person selecting it, with acer- 41673 tificate indorsed thereon that the same has been recorded, shall 41674 be delivered to the party entitled to it by the agent, after the 41675 same shall have been recorded by him in a book to be kept in 41676 his office subject to inspection, which said book shall be known 41677 as the " Shoshone (eastern band) and Baunack land-book." 41678 The President may, at any time, order a survey of these 41679 reservations, and wien so surveyed Oongress shall provide for 41680 protecting the rights of the Indian settlers in these iraprove- 41681 ments, and may fix the character of the title held by each. The 41682 United States may pass such laws on the subject of alienation 41683 and descent of property as between Indians, and on all subjects 41684 connected with the government of the Indians on said reserva- 41685 tions, and the internal police thereof, as may be thought proper. 41686 Article 7. In order to insure the civilization of the tribes 41687 entering into tliis treaty, the necessity of education is admitted, 41688 especially of such of them as are or may be settled on said agri- 41689 cultural reservations, and they therefore pledge themselves to 41690 compel their children, male and female, between the ages of six 41691 and sixteen years, to attend school; and it is hereby miide the 41692 duty of the agent for said liidians to see that this stipulation is 41693 strictly complied with ; and the United States agrees that for 41694 every thirty children between .said ages who can be induced or 41695 compelled to attend school, a house shall be provided and a 41696 teacher competent to teach the elementary brances of an English 41697 education shall be furnished, who will reside among said Indi- 41698 ans and faithfully discharge his or her duties as a teacher. The 41699 provisions of this article to continue for twenty years. 41700 Article 8. When (he head of a family or lodge shall have 41701 selected lands and received his certificate as above directed, and 41702 the agent shall be satisfied that he intends in good faith to 41703 commence cultivating the soil for a living, he shall be entitled 41704 to receive seeds and agricultural implements for the first year, 41705 in value one hundred dollars, and for each succeeding year he 41706 shall continue to farm, for a period of three y«ars more, he shall 936 41707 be entitled to receive seeds and implements as aforesaid in value 41708 twenty-five dollars per annum. 41709 And it is further stipulated that such persons as commence 41710 farming shall receive instructions from the farmers herein pro- 41711 vided for, and whenever more than one hundred persons on 41712 either reservation shall enter upon the cultivation of the soil, a 41713 second blacksmith shall be provided, with such iron, steel, and 41714 other material as may be required. 41715 Article 9. In lieu of all sums of money or other annuities 41716 provided to be paid to the Indians herein named, under any and 41717 all treaties heretofore made with them, the United States agrees 41718 to deliver at the agency-house on the reservation herein pro- 41719 vided for, on the first day of September of each year, for thirty 41720 years, the following articles, to wit : 41721 For each male person over fourteen years of age, a suit of 41722 good substantial woollen clothing, consisting of coat, hat, pan- 41723 taloons, flannel shirt, and a pair of woollen socks ; for each 41724 female over twelve years of age, a flannel skirt, or the goods 41725 necessary to make it, a pair of woollen hose, twelve yards of 41720 calico, and twelve yards of cotton domestics. 41727 For the boys and girls under the ages named, such flannel 41728 and cotton goods as may be needed to make each a suit as 41729 aforesaid, together with a pair of woollen hose for each. 41730 And in order that the Commissioner of Indian Affairs may 41731 be able to estimate properly for the articles herein named, it 41732 shall be the duty of the agent, each year, to forward to him a 41733 full and exact-census of the Indians, on which the estimate, from 41734 year to year, can be based ; and, in addition to the clothing 41735 herein named, the sum of ten dollars shall be annually appro- 41736 priated for each Indian roaming, and twenty dollars for each In- 41737 dian engaged in agriculture, for a period of ten years, to be 41738 used by the Secretary of the Interior in the purchase of such 41739 articles as, from time to time, the condition, and necessities of 41740 the Indians may indicate to be proper. And if, at any time 41741 within the ten years, it shall appear that the amount of money 41742 needed for clothing under this article can be appropriated to 41743 better uses for the tribes herein named. Congress may, by law, 41744 change the appropriation to other purposes; but in no event 41745 shall the amount of this appropriation be withdrawn or discon- 41746 tinned for the period named. And the President shall annually 41747 detail an officer of the Army to be present, and attest the de- 41748 livery of all the goods herein named to the Indians, and he shall 41749 inspect and report on the quantity and quality of the goods and 41750 the manner of their delivery. 41751 Article 10. The United States hereby agrees to furnish 41752 annually to the Indians the physician, teachers, carpenter, 937 41753 miller, engineer, farmer, and blacksmith , as herein contemplated , 41754 and that such appropriations shall be made, from time to time, 41755 on the estimates of the Secretary of the Interior, as will be suf- 41756 ficient to employ such persons. 41757 Akticle 11. No treaty for the cession of any portion of the 41758 reservations herein described which may be held in common 41759 shall be of any force or validity as against the said Indians, 41760 unless executed and signed by at least a majority of all the adult 41761 male Indians occupying or interested in the same ; and no ces- 41762 sion by the tribe shall be understood or construed in such man- 41763 ner as to deprive, without his consent, any individual member 41764 of the tribe of his right to any tract of land selected by him, as 41765 provided in Article 6 of this treaty. 41766 Article 12. It is agreed that the sum of five hundred dol* 41767 lars annually, for three years from the date when they com- 41768 mence to cultivate a farm, shall be expended in presents to the 41769 ten persons of said ti:ibe who, in the judgment of the agent, 41770 may grow the most valuable crops for the respective year. 41771 Article 13. It is further agreed that, until such time as 41772 the agency-buildings are established on the Shoshonee reserva- 41773 tion, their agent shall reside at Fort Bridger, IT. T., and their 41774 annuities shall be delivered to them at the same place in June 41775 of each'year. 41776 Proclaimed February 24, 1869. 41777 STOCEBRIDGBS. 41778 Articles of a treaty made at Stoclcbridge, in the Territory of Wis- 41779 consin, on the third day of September, in the year of our Lord 41780 one thousand eight hundred and thirty-nine, between the United 41781 States of America, hy their commissioner, Albert Gallup, and 41782 the Stoclcbridge and Mnnsee tribes of Indians, who reside upon. 41783 Lake Winnebago, in tlie Territory of Wisconsin. 41784 Article 1. The Stockbridge and Munsee tribes of Indians 41785 (formerly of New York) hereby cede and relinquish to the United 41786 States the east half of the tract of forty-six thousand and 41787 eighty acres of land, which was laid off for their use, on the east 41788 side of Lake Winnebago, in pursuance of the treaty made by 41789 George B. Porter, commissioner on the part of the United States, 41790 and the Menominee Nation of Indians, on the twenty-seventh 118 I T 938 41791 day of October, eigliteeu hundred and thirty-two, (see page 475 ;) 41792 the said east half hereby ceded to contain twenty-three thousand 41793 and forty acres of land, to be of equal width at the north and 41794 south ends, and to be divided from the west half of said tract 41795 of forty-six thousand and eighty acres by a line to be run parallel 41796 to the east line of said tract ; the United States to pay therefor 41797 one dollar per acre at the time and in the manner hereinafter 41798 provided. 41799 Article 2. Whereas a portion of said tribes, according to 41800 a census or roll taken, and hereunto annexed, are desirous to 41801 remove west, and the others to remain where they now are ; and 41802 whereas the just proportion of the emigrating party in the whole 41803 tract of forty-six thousand and eighty acres is eight thousand 41804 seven hundred and sixty-seyen and three-fourths acres of land, 41805 it is agreed that the United States pay to the said emigrating 41806 party the sum of eight thousand seven hundred and sixty-seven 41807 dollars and seventy-five cents, as a full compensation for all 41808 their interest in the lands held by the party who remain, as well 41809 as in the lands hereby ceded to the United States. 41810 Article 3. Whereas the improvements of the emigrating 41811 party are all on that part of the original tract which is reserved 41812 and still held by the party who remain in Stockbridge, and it is 41813 but equitable that those who remain should' pay those who emi- 41814 grate for such improvements, it is agreed that the United States 41815 shall pay to the emigrating party the sum of three thousand 41816 eight hundred and seventy-nine dollars and thirty cents, the 41817 appraised value of said improvements ; and it is hereby agreed, 41818 and expressly understood, that the monies payable to the emi- 41819 grating party shall be distributed among the heads of families, 41820 according to the schedule hereunto annexed, the whole amount 41821 to be paid to the emigrating party under this and the preceding 41822 article being the sum of twelve thousand six hundred and forty- 41823 seven dollars and five cents. 41824 Article 4. The ballance of the consideration-money for 41825 the lands hereby ceded, (after deducting the sums mentioned in 41826 the second and third articles,) amounting to the sum of ten 41827 thousand three hundred and ninety-two dollars and ninety-five 41828 cents, is to be paid to and invested for the benefit of such of the 41829 Stockbridge and Munse.e tribes of Indians (numbering three hun- 41830 dred and forty-two souls) as remain at their present place of resi- 41831 dence, at Stockbridge, on the east side of WinnebagoJjak.e, as fol- 41832 lows : Six thousand dollars of said sum to be invested by the 41833 United States in public stocks, at an interest of not less than five 41834 per cent, per annum, as a permanent school-fund, the interest of 939 41835 which shall be paid annually to the sachem and counsellors of 41836 their tribes, or such other person as they may appoint to receive 41837 the same, whose receipt shall be a sufficient voucher therefor ; 41838 and the ballance thereof, amounting to four thousand three 41839 hundred and ninety-two dollars and ninety-five cents, shall be 41840 paid to the said sachem and counsellors, or to such person as 41841 they may appoint to receive the same, whose receipt shall be a 41842 sufficient voucher therefor. 41843 Article 5. The monies herein secured to be paid by the 41844 United States to the Stockbridge and Munsee tribes, amounting 41845 in all to twenty-three thousand and forty dollars, are to be paid 41846 in manner aforesaid in one year from the date hereof, or sooner 41847 if practicable. 41848 Aeticle 6. It is agreed that an exploring party not exceed- 41849 ing three in number may visit the country west, if the Indians 41850 shall consider it necessary, and that whenever those who are .41851 desirous of emigrating shall signify their wish to that effect 41852 the United States will defray the expenses of their removal west 41853 of the Mississippi, and furnish them with subsistence for one 41854 year after their arrival at their new homes. The expenses of 41855 the exploring party to be borne by the emigrants. 41856 Article 7. Whereas there are certain unliquidated claims 41857 and accounts existing between the emigrating party and those 41858 who remain where they now are, which it is now impossible to 41859 liquidate and adjust, it is hereby agreed that the same shall be 41860 submitted to the agent of the United States, who shall be ap- 41861 pointed to make the payments under this treaty, and that his 41862 decision shall be final thereon. 940 41863 41864 41865 Boll and schedule re/erred to in arMcles two and three of the treaty hereunto annexed. Names of hoads of families of emigrating party, 41866 41867 41868 41869 41870 41871 41872 41873 41874 41875 41876 41877 41878 41879 41880 41881 41882 41883 41884 41885 41886 41887 41888 41889 41890 41891 41892 41893 41894 41895 Thomas T. Headrick- • . Eobert Konkapot , Timothy Tousse , Elisha Konkapot ... Cornelius Charles Jonas Konkapot Levi Konkapot DaTid Abrams Dolly Dockstader Eli Hendrick Simeon Konkapot Lydia Hendrick Thomas S. Branch John Baldwin J ohn W. Newcom Jonas Littleman Henry Skickett Betsy Bennet. . : Peter Sherman David Calvin Eli Williams Catherine Littleman . . . James Eain Big Deer Ziba T.Peters Cornelius Chemaucum. And other heirs of Phebe Ducham ° I 80 713 490J 642 642 686 321 107 214 597 321 321 107 131J 107 535 107 321 107 107 44i 107 642 642 107 246J 214 187J o ■sf w 9) "S O O a. 2 U r 8, 767f $713 00 490 50 642 00 642 00 686 00 321 00 107 00 214 00 597 50 321 00 321 00 107 00 131 50 107 00 535 00 107 00 321 00 107 00 107 00 44*50 107 00 642 00 642 00 107 00 246 25 214 00 187 50 eg o a o ■3 S" is 8, 767 75 $480 50 939 00 135 00 67 50 56 25 384 00 168 75 238 25 305 00 s g o S n g 9 S S a _ 390 00 40 00 144 30 530 75 3,879 30 $1, 193 50 1, 429 50 777 00 709 50 686 00 377 25 491 00 214 00 766 25 559 23 321 00 412 00 131 50 107 00 535 00 107 00 321 00 107 00 497 00 44 50 107 00 642 00 682 00 107 00 390 55 214 00 718 25 12,647 05 Proclaimed May 16, 1840. 941 41896 TEEATY WITH THE STOCKBRIDGB TRIBE OF IN- 41897. DIAL'S. 41898 Whereas by aa act of Congress entitled "An act for the 41899 relief of the Stockbridge tribe of Indians, in the Territory of 41900 Wisconsin," approved on the third day of March, A. D. 1843, 41901 it was provided that the township of land on the east side of 41902 Winnebago Lake, secured to said tribe by the treaty with the 41903 Menomonee Indians of February 8th, 1831, as amended by the 41904 Senate of the United States, and not heretofore ceded by said 41905 tribe to the United States, should be divided and allotted among 41906 the individual members of said tribe, by commissioners to be 41907 elected for that purpose, who were to make report of such divis- 41908 ion and allotment, and thereupon the persons composing said 41909 tribe were to become citizens of the United States. 41910 And whereas a portion of said tribe refused to recognize the 41911 validity of said act of Congress, or the proceedings which were 41912 had under it, or to be governed by its provisions, and upon their 41913 petition a subsequent act was passed by the Congress of the 41914 United States, on the 6th day of August, 1846, repealing the 41915 said act of March 3d, 1843, and providing, among other things, 41916 that such of said tribe as should enrol themselves with the sub- 41917 agent of Indian q,flfairs at Green Bay, should be and remain citi- 41918 zens of the United States, and the residue of said tribe were 41919 testored to their ancient form of government as an Indian tribe, 41920 It was also provided that the said township of land should be 41921 divided into two districts, one of which was to be known as the 41922 "Indian district," the other as the "citizen district j" the former 41923 to be held ia common by the party who did not desire citizen. 41924 ship, and the latter to be divided and allotted among such aa, 41925 were citizens and desired to remain so. 41926 And whereas it has been foiind impracticable to carry into 41927 fall effect the provisions of the act of August 6th, 1846, by 41928 dividing the said township of land in the manner specified in 41929 said act, without infringing upon private rights acquired in good 41930 faith under the act of 1843 hereinbefore referred to, with a view 41931 of relieving both the Indian and citizen parties of said Stock- 41932 bridge tribe of Indians from their present embarrassments, and 41933 to secure to each their just rights, articles of agreement and 41934 compromise have been entered into, as follows : 41935 Articles of agreement and treaty made and concluded at Stock- 41936 bridge, in the State of Wisconsin, on the 24th day of No- 41937 vember, in the year of our Lord one thousand eight hundred 41938 and forty-eight, by and between the undersigned, acting 41939 commissioners on the part of the United States of America, 41940 and the Stockbridge tribe of Indians. 942 4194t Article 1. The said Stocbbridge tribe of Indians renounce 41942 all participation in any of the benefits or privileges granted or 41943 conferred by the act of Congress entitled " An act for the relief 41944 of the Stockbridge tribe of Indians, in the Territory of Wis- 41945 consin," approved March 3, 1843, and relinquish all rights "41946 secured by said act; and they do hereby acknowledge and 41947 declare themselves to be under the protection and guardianship 41948 of the United States, as other Indian tribes. 41949 Abtiole 2. That no misunderstanding may exist, now or 41950 hereafter, in determining who compose said tribe and are parties 41951 hereto, it is agreed that a roll or census shall be taken and ap- 41952 pended to this agreement, and in like manner taken annually here- 41953 after, and returned to the Secretary of the War Department of 41954 the United States, containing the names of all such as are parties 41955 hereto, and to be known and recognized as the Stockbridge 41956 tribe of Indians, who shall each be entitled to their due propor- 41957 tion of the benefits to be derived from the provisions made for 41958 their tribe by this and former agreements ; and whenever any 41959 of them shall separate themselves from said tribe, or abandon 41960 the country which may be selected for their future home, the 41961 share or portion of such shall cease, and they shall forfeit all 41962 claims to be recognized as members of said tribe. 41963 Article 3. The said Stockbridge tribe of Indians hereby sell 41964 and relinquish to the United States the township of land on the 41965 east side of Lake Winnebago, (granted and secured to said tribe 41966 by the treaty with the Menomonee tribe of Indians of February 8, 41967 1831, (see page 468,) as amended by the resolution of the Sen^ 41968 ate of the United States,) and situated in the State of Wisconsin. 41969 Article 4. The said township of land shall be surveyed into 41970 lots, in conformity with the plan adopted by the comm,issioners 41971 elected under the act of March 3, 1843, and such of said lands 41972 as were allotted by said commissionei'S to members of said tribe 41973 who have become citizens of the United States (a schedule of 41974 which is hereunto annexed) are hereby confirmed to such indi- 41975 viduals respectively, and patents therefor shall be issued by 41976 the United States. The residue of said lands belonging to the 41977 United States shall be brought into market but shall not be sold 41978 at less than the appraised value, unless the Senate of the United 41979 States shall otherwise determine. 41980 ' Article 5, In consideration of the cession and relinquish- 41981 ment hereinbefore made by the said Stockbridge tribe of In- 41982 dians, it is agreed that the United States shall pay to said tribe, 41983 within six months after the ratification of this agreement, the 41984 sum of sixteen thousand five hundred dollars to enable them 41985 to settle their affairs, obtain necessaries, and make provision for 41986 establishing themselves in a new home. 943 41987 Article C. The United States sball also pay to said tribe, 41988 within six months after the ratification of this agreement, the 41989 sum of fourteen thousand five hundred and four dollars and 41990 eighty-five cents, being the appraised value of their improve- 41991 ments upon the lands herein ceded and relinquished to the 41992 United States, and to be paid to the individuals claiming said 41993 improvements according to the schedule and assessment here- 41994 with transmitted. 41995 Article 7. It is further stipulated and agreed that the said 41996 Stockbridge tribe may remain upon the lands they now occupy 41997 for one year after the ratification of this agreement, and that 41998 they will remove to the country set apart for them, or such other 41999 west of the Mississippi Eiver as they may be able to secure, 42000 where all their treaty stipulations with the Government shall be 42001 carried into effect. 42002 Article 8. Whenever the said Stockbridge tribe shall sig- 42003 uify their wish to emigrate, the United States will defray the 42004 expenses of their removal west of the Mississippi and furnish 42005 them with subsistence for one year after their arrival at their 42006 new home. 42007 Article 9. It is further stipulated and agreed, that, for the 42008 purpose of making provision for the rising generation of said 42009 tribe, the sum of sixteen thousand five hundred dollars shall be 42010 invested by the United States in stock, bearing an interest of 42011 not les3 than five per cent, per annum, the interest of which shall 42012 be paid annually to said tribe, as other annuities are paid by the 42013 United States. 42014 Article 10. It is agreed that nothing herein shall prevent 42015 a survey of said lands, at any time after the ratification of this 42016 agreement, and that said tribe shall commit no waste or do un- 42017 necessary damage upon the premises occupied by them. 42018 Article 11. The United States will pay the expenses in- 42019 curred by the sachem and head-men, amounting to three thou* 42020 sand dollars, in attending to the business of said tribe since the 42021 year 1843. 42022 Article 12. This agreement to be binding and obligatory 42023 upon the contracting parties from and after its ratification by 42024 the Grovernment of the United States. 42025 supplemental article. 42026 Whereas the Stockbridge and Munsee Indians consider that 42027 they have a claim against the United States for indemnity for 42028 certain lands on White Eiver in the State of Indiana, and for cer- 42029 tain other lands in the State of Wisconsin, which they allege they 42030 have been deprived of by treaties entered into with the Miamies 42031 and Delawares, or to the lands claimed by them in Indiana, and 944 42032 with the Menomonees and Winnebagoes, or to the lands in Wis- 42033 consin, without their consent ; and whereas the said Stockbridge 42034 and Munsee Indians, by their chiefs and agents, have continuei 42035 to prosecute their said claims during the last twenty years at 42036 their own expense, except the sum of three thousand dollars paid 42037 them in 1821 ; and whereas it is desirable that all ground of dis- 42038 content on the part of said Indians shall be removed, the United 12039 States do further stipulate, in considei^ation of the relinquish- 42040 ment by them of said claims, and all others, except as provided 42041 in this treaty, to pay the sachems or chiefs of said Indians, on 42042 the ratification of this article by them, with the assent of their 42043 people, the sum of five thousand dollars, and the further sum of 42044 twenty thousand dollars, to be paid in ten annual instalments, 42045 to commence when the said Indians shall have selected and re- 42046 moved to their new homes, as contemplated by the seventh arti- 42047 cle of this treaty. 42048 The President of the United States, within two years from 42049 the ratification of this treaty, shall procure for the use of said 42050 ,Stockbridge Indians a quantity of land west of the Mississippi 42051 Eiver, upon which they shall reside, not less than seventy-two 42052 sections, said Indians to be consulted as to the location of said 42053 land, and to be holden by the same tenure as other Indian lands- 42054 Boll or census of the Stockbridge tribe of Indians^ taken in con' 42055 formity wvth the provisions of the second article of the within 42056 agreement. ^QgY Heads of rumilieB. Male. Female. Boys. Oirla. Totali 42058 Austin E. Quinney 1 1 3 4 9 42059 John Metoxen . .' 1 1 . . . . 2 42060 Benjamin Pye, sen 1 1 . . 1 3 42061 Garret Thompson 1 1 2 .. 4 42062 Elisha Konkapot 1 1 1 .. 3 42063 John W. Quinney 1 1 42064 John P. Quinney 1 1 1 .. 3 42065 Peter D. Littleman 1 1 1 2 5 42066 Jonas Thompson 11114 42067 James Joshua 1 .. .... 1 42068 Joseph M. Quinney 112 15 42069 Simon L. Metoxen 112 5 9 42070 Beiyamin Pye, 2d 1113 6 42071 Thomas Schenandoah 1 1 .. .. 2 42072 Aaron Turkey 1 1 2 2 6 42073 AbramPye 114 17 42074 Benjamin Pye, 4th 1 1 .. 1 3 42075 Benjamin Doxtater.... 11114 945 4:ji\)i\} Heads of familiea. Males. Females. 42077 Moses Charles 1 1 42078 Benjamin Pye, 3d 1 1 42079 Eli Williams 1 .. 42080 DavidPalmer 1 1 42081 Jacob Konkapot 1 1 42082 Daniel Metoxen 1 1 42083 . Elizabeth Palmer, (widow) 1 42084 Elizabeth Aaron 1 42085 Catharine Butterfleld 1 42086 Samuel Miller 1 1 42087 Louisa Jamison 1 42088 Jacob Jahoicum . a 1 - - 42089 Anna Turkey 1 42090 Jeremiah Slingerland 1 . . 42091 John Yocum 1 42092 Elizabeth Wilber 42093 John W. Quinney, jr., and sister 1 42094 Clarissa Miller and son 1 42095 ElizabethPye 42096 Phoebe S. Eioket 42097 Josiah Abrams, wife, and sister 1 42098 Jeremiah Bennet '. . 1 42099 Paul Pye 1 42100 Peter Bennet 1 42101 Ziba T.Peters 1 42102 Bzekiel Robinson and brother 42103 Lawrence Yocum , 1 42104 Moses Doxtater 1 42105 Lucinda Quinney "42106 Jemima Doxtater 42107 Amelia Quinney 42108 Peter Bennet, sen 1 42109 John Bennet 1 42110 Levi Konkapot 1 42111 Samuel Stevens 1 42112 John Killsnake 1 42113 Lewis Hendricks 1 42114 Diana Davids 42115 42116 * 119 I T 1 1 1 1 1 1 2 2 1 Boys. 1 1 Girls. Total. 2 2 4 4 1 3 3 2 3 4 2 8 1 1 1 4 4 5 2 2 2 1 3 5 3 1 4 2 1 2 4 1 2 6 4 1 1 1 1 1 177 946 42117 Schedule of lands to be patented to individuals under the Uh article 42118 of the above agreement. 42119 Narae». N«. oflot. No. of acre.. 42120 Josiah Chicks 1 42121 Nancy Chicks 2 42122 John N. Chicks 4 42123 Jacob Davids 5 42124 Harvey Johnson 8 42125 Hannah P. Chicks 10 42126 Dindemia, Big Deer J E. end 14 22.66 42127 Puella Jourdain 16 42128 Jacobs Chicks 17 42129 John IST. Chicks 18 42130 Josiah Chicks 20 42131 Jacob Chicks 21 42132 Jos. L. Chicks 22 42133 Jacob Chicks 23 42134 John N. Chicks 24 42135 Moses E. Merrill 25, 26, 27 42136 John N. Chicks .28, 29 42137 Jane Dean 30 42138 Marietta Abrams 31 42139 Catharine Mills . .' N.J 32 30.62 42140 Joseph L. Chicks 33 42141 John Dick 37 42142 John More 38 42143 Isaac Jacobs 40 42144 Benjamin Welch 41 42145 Lucy Jacobs 44 42146 Daniel Davids 47 24147 DanielDavids N.J. 48 42148 John W. Abrams S. J 48 42149 Louisa Davids 50 42150 Harry E. P^astman 51 42151 Eunice Abrams 62 42152 Daniel Davids 5.3 42153 John N. Chicks 54 42154 Hoel S. Wright S. part of 55 5 42155 Oscar Wright . N. part of 55 57J 42156 John Littleman S. J 56 42157 Daniel Davids N. J 56 42158 Darius Davids 57 42159 Margaret Davids 58 42160 Daniel Davids 60 42161 Erastus Welch, (a strip E. of road). 65 6 chains 25 Iks. wide oft 42162 S. side of lot. 947 42163 Names. No. of lot. No. of acres. 42164 Eichard Pidler E. of road 66 Balance of the lot. 42165 Henry Modlin part 65 W. of road, 54| 42166 Henry Jacobs 63 42167 Lucy Jacobs frac'l part of 66 W. of road, 50.50 42168 John W. Abrams E. J 68 42169 John Dick 70 42i70 Eunice Abrams . . N. J 76 42171 Mary Hendrick E. J 78 42172 Isaac Jacobs and George Benuet.. 79 42173 John N. Chicks 81 42174 John N. Chicks and ) gg 42175 Jacob Davids. J 42176 Nancy Hunt W. J 83 314 42177 James Menagre and ) ^^ ^^ 34 E. end 15 J 42178 Betsy Menagre < 42179 Betsy Wyatt W. J 85 & 86 62J 42180 William Gardner 87 42181 Timothy Jourdaiu 90 42182 Timothy Jourdain S. J 91 31. 25 42183 Charles Stevens 92 & 94 42184 Nancy Homm 98 42185 Joseph L. Chicks 102 42186 John N. Chicks 103 42187 John Moore 105 42188 Josiah Chicks 106 42189 John K Chicks 110 42190 Timothy Jourdain Ill, 112 42191 John Littleman 113 42192 Nathan Goodell 115 42193 Charles Stevens S. part 119 50 42194 Catharine Littleman E. part 128 54. 60 42195 John Moore 129 42196 John W. Abrams 130 42197 Jacob Davids. 131 42198 Adam Sheriff W.^ 132 3L25 42199 Jacob Davids....". , 133 , 42200 Joseph L. Chicks 134 42201 Catharine Mills W. ^ 136 42202 Joseph Doxtater 144 & 145 42203 Isaac Jacobs 151 42204 Alexander Abrams 154 42205 Jacob Davids. -. 155 42206 Darius Davids 156 42207 John Littleman 167 42208 Isaac Jacobs 158 42209 Hannah W. Chicks 159 948 42210 Same«. , No. of lot. No. o( acres. 42211 Catharine Mills 160 42212 Nathan Goodell 170 42213 John Ij[. Chicks 173 42214 James B. Lane , 174 42215 Jacob Davids 175 42216 Job Moore 176 42217 Thomas J. Chicks , , . 179 42218 Harvey Johnson 180 42219 Nancy Gardner 181 42220 Abagail Jourdain 182 42221 Abram Chicks 184 42222 Bartholomew Bowman 186 42223 Harriet Jourdain 187 42224 Andrew Chicks 188 42225 Sarah Davids 189 42226 Job Moore 191 42227 William Gardner S. part of 192, and 221 50 42228 Mordy Mann N. part of 192, and 221 70 42229 Mary N. Chicks 194 42230 William Gardner 220 42231 Triphane E. Jourdain 222 42232 Caleb Moors 223 42233 Isaac Simons 224 42234 Isabel Chicks 225 42235 Sophia M. Jourdain 226 42236 Jesse Bowman 227 42237 Catharine Franks 228 , 42238 Jonathan Chicks 229 42239 Jonas Davids 231 42240 Adam Davids 232 42241 Linke Jourdain . 233 42242 Elizabeth Moore 234 42243 Joseph Doxtater 235 42244 George Bennet 237 42245 Isaac Simmons , 240 42246 Abigali Moore 263 42247 Henry Moore 264 42248 William Scott 265 42249 William Scott S. J 266 42250 George Bennet N. J 266 42251 Eeuben Johnson 267 42252 Silas Jourdain 268 42253 Jesse M. Jourdain 271 42254 Simon Gardner 274 42255 Hannah Moore 276 42256 Solomon Davids 277 ' 949 ^2iAo% Names. No. o£ lot. No. oi acris. 42258 Edward Howell 279 42259 Harriet Johnson 280 42260 Lucinda Gardner 282 42261 Hope Moore 284 42262 Jemlson 0. Chicks 308 42263 Obadiah Gardner 309 42264 Eachael Davids 313 42265 Julius Davids 314 42266 Elizabeth Bowman 315 42267 Jeremiah Gardner 316 42268 Mary Jane Bowman 317 42269 Nancy Johnson 319 42270 Jason Simmons 320 42271 Betsy Menagre 321 42272 Darius Davids 323 42273 Humble M. Jourdain 325 42274 Stephen Gardner 326 42275 Francis T. Davids 327 42276 Mary McGallister 328 42277 Mary Hendrick 335 42278 Susannah Hendrick 349 42279 Jacob Moore 355 42280 David Gardner 357 42281 George Gardner 359 42282 Catharine Bowman 360 42283 Serepta Johnson 361 42284 Thankful Stephens 362 42285 William Gardner 364 42286 Joseph Chicks 365 42287 John Chicks -. 366 42288 Charles Stephens 367, 368 42289 Timothy Jourdain 369, 370, 371 42290 Jacob Chicks 372, 373 42291 Paul D. Hayward 375 42292 State of Winconsin - 383 School purposes. 42293 Timothy Jourdain' 384 42294 Jeremiah Johnson 385, 389 42295 American Board of ^ 42296 Commissioners for ( 386, 390 42297 Foreign Missions. J 42298 Jacob Chick 387, 391 42299 Timothy Jourdain 388 42300 John N. Chicks 392, 396 42301 William Gardner 393, 394, 397, 398 42302 Lemuel Goodell N . end 395 2 acres. 42303 M. L. MAETIN. 42304 ALBERT G. ELLIS. 950 42305 Valuation of improvements, [vide Art. 6.) 42306 Acre.. 42307 Austin E. Quin'ney 163.38 42308 49.50 42309 Joseph M. Quinney 30. 90 42310 Samuel Stevens 38. f 6 42311 Moses Chicks 43.00 42312 Elizabeth Palmer 29. 06 42313 Samuel Miller 55.62 42314 Elisha Konkapot 5.00 42315 Peter D. Littleman 3.25 42316 John P. Quinney 15.50 42317 Heirs of J. Tocum 5. 78 42318 Aaron Turkey 6.00 42319 Benjamin Pye, 2d 40.00 42320 John Metoxen 50. 00 42321 Mrs. B. Wright 5.00 42322 Abraham Pye 30. 00 42323 Benjamin Pye, 4th 42324 Benjamin Pye, sr . 42325 Benjamin Pye, 3d 20. 00 42326 Garrett Thompson 30. 00 42327 Ziba T.Peters 10.00 42328 Betsey T. Aaron 3.00 42329 Thomas Skenandoah 17. 00 42330 Simon S. Metoxen 30. 00 42331 Elizabeth Wilber 41.62 42332 EzekielEobinson ,.- 4.00 42333 J. W. Quinney 60.00 42334 School-house 42335 42336 42337 Eatifled March 1, 1849. 42338 Franklin Pierce, President of the United States of America, 42339 to all and singular to whom these presents shall come, greet- 42340 ing : 42341 Whereas a treaty was made and concluded at Stockbridge, 42342 in the State of Wisconsin, on the fifth day of February, eighteen 42343 hundred and fifty-six, between Francis Huebschmann, commis- 42344 siouer on the part of the United States, and the Stockbridge and 42345 Munsee tribes of Indians, assembled in general council, and such 42346 of the Munsees as were included in the treaty of September third, 42347 eighteen hundred and thirty-nine, but are yet residing in the 42348 State of Kew York, by their duly authorized delegates, William 2, 760 63 7J8 25 617 15 703 26 980 50 512 41 880 87 142 50 168 88 267 50 78 03 311 00 640 00 825 00 67 50 495 00 40 00 40 00 350 00 485 00 215 00 85 00 349 50 535 00 711 87 60 00 1,315 00 150 00 $15, 504 85 951 42349 Mohawk aud Joshua Willson, which treaty is in the words and 42360 figures following, to wit : 42351 Whereas by Senate amendment to the treaty with the Me- 42352 nomonees of February eighth, one thousand eight hundred and 42353 thirty-one, two townships of land on the east side of Winnebago 42354 Lake;- Territory of Wisconsin, were set aside for the use of the 42355 Stockbridge and Munsee tribes of Indians, all formerly of the 42356 State of New York, but a part of whom had already removed to 42357 Wisconsin ; and 42358 Whereas said Indians took possession of said lands, but dis- 42359 sensions existing among them led to the treaty of September 42360 third, one thousand eight hundred and thirty-nine, by which the 42361 east half of said two townships was retroceded to the United 42362 Spates, and in conformity to which a part of said Stockbridges 42363 aud Munsees emigrated west of the Mississippi ; and 42364 Whereas, to relieve them from dissensions still existing, by 42365 "An act for the relief of the Stockbridge tribe of Indians in the 42366 Territory of Wisconsin," approved March third, one thousand 42367 eight hundred and forty-three, it was provided that the remain- 42368 ing townships of land should be divided into lots and allotted 42369 between the individual members of said tribe; and 42370 Whereas a part of said tribe refused to be governed by the 42371 provisions of said act, and a subsequent act was passed on the 42372 sixth day of August, one thousand eight hundred and forty-six, 42373 repealing the aforementioned act, but without making provision 42374 for bona fide purchasers of lots in the townships subdivided in 42375 conformity to the said first-named act; aud 42376 Whereas it was found impracticable to carry into effect the 42377 provisions of the last-mentioned act, and, to remedy all difiicul- 42378 ties, a treaty was entered into on the twenty-fourth of E"ovem- 42379 ber, one thousand eight hundred and forty-eight, wherein, 42380 among other provisions, the tribe obligated itself to remove to 42381 the country west of the Mississippi set apart for them by the 42382 amendment to said treaty ; and 42383 Whereas dissensions have yet been constantly existing 42384 amongst them, and many of the tribe refused to remove when 42385 they were offered a location in Minnnesota, and applied for a re- 42386 trocession to them of the township of Stockbridge, which has 42387 been refused by the United States ; and 42388 Whereas a majority of the said tribe of Stockbridges and 42389 the Munsees are averse to removing to Minnesota aud prefer a 42390 new location in Wisconsin, and are desirous soon to remove and 42391 to resume agricultural pursuits, and gradually to prepare for 42392 citizenship, and a number of other members of the said tribe 42393 desire at the present time to sever their tribal relations and to 952 42394 receive patents for the lots of land at Stockbridge now occupied 42395 by them ; and 42396 Whereas the United States are willing to exercise the same 42397 liberal policy as heretofore, and for the purpose of relieving 42398 these Indians from the complicated difficulties by which they 42399 are surrounded, and to establish comfortably together all such 42400 Stockbridges and Munsees, wherever they may be now located, 42401 in Wisconsin, in the State of New York, or west of the Missis- 42402 sippi, as were included in the treaty of September third, one 42403 thousand eight hundred and thirty-nine, and desire to remain 42404 for the present under the paternal care of the United States 42405 Government ; and for the purpose of enabling such individuals 42406 of said tribes as are now qualified and desirous to manage their 42407 own affairs, to exercise the rights and to perform the duties of 42408 the citizen, these articles of agreement have been entered into: 42409 Articles of agreement and convention made and concluded at 42410 Stockbridge, in the State of Wisconsin, on the fifth day of 42411 February, in the year of our Lord one thousand eight hun- 42412 dred and fifty-six, between Francis Huebschmann, commis- 42413 sioner on the part of the United States, and the Stock- 42414 bridge and Munsee tribes of Indians, assembled in general 42415 council, and such of the Munsees who were included in the 42416 treaty of September third, one thousand eight hundred and 42417. thirty-nine, but are yet residing in the State of New York, 42418 by their dulj' authorized delegates, William Mohawk and 42419 Joshua Willson. 42420 Article 1. The Stockbridge and Munsee tribes, who were 42421 included in the treaty of September third, one thousand eight 42422 hundred and thirty-nine, and all the individual members of said 42423 tribes, hereby jointly and severally cede and relinquish to the 42424 United States all their remaining right and title in the lands at 42425 the town of Stockbridge, State of Wisconsin, the seventy-two 42426 sections of land in Minnesota set aside for them by the amend- 42427 ment to the treaty of November twenty-fourth, one thousand 42428 eight hundred and forty eight, the twenty thousand dollars 42429 stipulated to be paid to them by the said amendment, the six- 42430 teen thousand five hundred dollars invested by the United 42431 States in stocks for the benefit of the Stockbridge tribe in con- 42432 forinity to Article 9 of the said treaty, and all claims set up by 42433 and for the Stockbridge and Munsee tribes, or by and for the 42434 Munsees separately, or by and for any individuals of the Stock- 42435 bridge tribe who claim to have been deprived of annuities since 42436 the year one thousand eight hundred and forty-three, and all 42437 such and other claims set up by or for them or any of them are- 42438 hereby abrogated, and the United States released and discharged 42439 therefrom. 953 42440 Aeticle 2. In consideratiou of such cession and relinquish- 42441 ment by said Stockbridges and Munsees," the United States agree 42442 to select as soon as practicable and to give them a tract of land 42443 in the State of Wisconsin, near the southern boundary of the 42444 Menomonee reservation, of sufficient extent to provide for each 42445 head of a family and others lots of land of eighty and forty acres, 42446 as hereinafter provided ; every such lot to contain at least one- 42447 half of arable land, and to pay to be expended for improvements 42448 for the said Stockbridges and Munsees, as provided in article 42449 4, the sum of forty-one thousand one hundred dollars, and ^ 42450 further sum of twenty thousand five hundred and fifty dollars to 42451 enable them to remove.* 42452 "And the further sum of eighteen thousand dollars, (twelve 42453 thousand for the Stockbridges and six thousand for the Mun- 42454 sees,) to be expended at such time and in such manner as may 42455 be prescribed by the Secretary of the Interior, in the purchase 42456 of stock and necessaries, the discharge of national or tribal debts, ''42457 and to enable them to settle their affairs." 42458 Aeticle 3. As soon as practicable after the selection of the 42459 lands set aside for these Indians by the preceding article, the 42460 United States shall cause the same to be surveyed into sections, 42461 half and quarter sections, to correspond with the public surveys, 42462 and the council of the Stockbridges and Munsees shall, under the 42463 direction of the superintendent of Indian affairs for the northern 42464 superintendency, make a fair and just allotment among the in- 42465 dividu-als and families of their tribes. Each head of a family 42466 shall be entitled to eighty acres of land, and in case his or her 42467 family consists of more than four members, if thought expedient 42468 by the said council, eighty acres more may be allotted to him or 42469 her; each single male pwson above eighteen years of age shall 42470 be entitled to eighty acres ; and each female person above 42471 eighteen years of age, not belonging to any family, and each 42472 orphan child, to forty acres ; and suf&cient land shall be reserved 42473 for the rising generation. 42474 After the said allotment is made, the persons entitled to 42475 land may take immediate possession thereof, and the United 42476 States will thenceforth and until the issuing of the patents, as 42477 hereinafter provided, hold the same in trust for such persons, 42478 and certificates shall be issued, in a suitable form, guaranteeing 42479 and securing to the holders their possession and an ultimate 42480 title to the land ; but such certificates shall not be assignable, 42481 and shall contain a clause expressly prohibiting the sale or trans- 42482 fer by the holder of the land described therein. After the expi- 42483 ration of ten years, upon the application of the holder of such 42484 certificate, made with the consent of the. said Stockbridge and 42485 Munsee council, and when it shall appear prudent and for hia * 120 I T 954 42486 or her welfare, the President of the United States may direct 42487 that such restriction on the power of sale shall be withdrawn and 42488 a patent issued in the usual form. 42489 Should any of the heads of families die before the issuing of 42490 the certificates or patents herein provided for, the same shall 42491 issue to their heirs; and if the holder of any such certificate shall 42492 die without heirs, his or her land shall not revert to the United 42493 States, unless on petition of the Stockbridge and Munsee council 42494 for the issuing of a new certificate for the land of such deceased 42495 person to the holder of any other certificate for land, and on the 42495 surrendering to the United States of such other certificate by 42497 the holder thereof, the President shall direct the issuing of a 42498 new certificate for such land ; and in like manner new certificates 42499 may be given for lots of land, the prior certificates for which 42500 have been surrendered by the holders thereof. 42501 Aeticlji 4. Of the monies set aside for improvements by 42502 the second of these articles, not exceeding one-fourth shall be 42503 applied to the building of roads leading to and through said 42504 lands : to the erection of a school-house, and such other improve- 42505 ments of a public character as will be deemed necessary by the 42506 said Stockbridge and Munsee council, and approved by the 42507 superintendent of the northern superintendency. The residue 42508 of the said fund shall be expended for improvements to be made 42509 by and for the different members and families composing the 42510 said tribes, according to a system to be adopted by the said 42511 council, under the direction of the superintendent aforesaid, and 42512 to be first approved by the Commissioner of Indian Affairs. 42513 Article 5. The persons to be included in the apportion- 42514 ment of the land and money to be divided and expended under 42515 the provisions of this agreement shall be such only as are ac- 42516 tual members of the said StockSridge and Munsee tribes, (a roll 42517 or census of whom shall be taken and appended to this agree- 42518 ment,) their heirs and legal representatives; and hereafter the 42519 adoption of any individual amongst them shall be null and void 42520 except it be first approved by the Commissioner of Indian 42521 Affairs. 42522 Article 6. In case the United States desire to locate on 42523 the tract of land to be selected as herein provided, the Stock- 42524 bridges and Munsees emigrated to the west of the Mississippi, 42525 in conformity to the treaty of September third, one thousand 42526 eight hundred and thirty-nine, the Stockbridges and Munsees 42527 parties to this treaty, agreed to receive them as brethren : Pro 42528 vided, That none of the said Stockbridges and Munsees, whether 42529 now residing at Stockbridge, in the State of Wisconsin, in 42530 the State of IJTew York, or west of the Mississippi, shall be en- 42531 titled to any of these lands or the money stipulated to be ex- 955 42532 pended by these articles, unless they remove to the new location 42533 within two years from the ratification hereof. 42534 Aetiolb 7. The said Stockbridges and Muusees hereby set 42535 aside, for edacational purposes exclusively, their portion of the 42536 annuities under the treaties of November the eleventh, one thou- 42537 sand seven hundred and ninety-four; August eleventh, one 42538 thousand eight hundred and twenty-seven; and September 42539 third, one thousand eight hundred and thirty-nine. 42540 Article 8. One hundred and fifty dollars valuation of the 42541 school-house at Stockbridge, made in conformity to article 6 42542 of the treaty of November twenty-fourth, one thousand eight 42543 hundred and forty-eight, and remaining unpaid, shall be expend- 42544 ed in the erection of a school-house, with the other funds set 42545 aside for the same purpose by article 4 of this agreement. 42546 Aeticle 9. About seven and two-fifths acres, bounded as 42547 follows: Beginning at the northeast corner of lot eighty-nine, 42548 in the centre of the military road ; thence west along the north 42549 line of said lot fifty-four and a quarter rods; thence south 42550 thirty-eight and a quarter rods ; thence east twenty-eight and a 42551 quarter rods ; thence north thirty four and a quarter rods ; 42552 thence east twenty-six rods ; thence north four rods, to the 42553 place of beginning, comprising the ground heretofore used by 42554 the Stockbridges to bury their dead, shall be patented to the 42555 supervisors of the town of Stockbridge, to be held by them and 42556 their successors in trust for the inhabitants of said town, to be 42557 used by them as a cemetery, and the proceeds from cemetery 42558 lots and burial-places to be applied in fencing, clearing, and 42559 embellishing the grounds. 42560 Article 10. It is agreed that all roads and highways laid 42561 out by authority of law shall have right of way through the 42562 lands set aside for said Indians on the same terms as are pro- 42563 vided by law for their location through lands of citizens of the 42564 United States. 42565 Article 11. The object of this instrument being to advance 42566 the welfare and improvement of said Indians, itjs agreed, if it 42567 prove insufiicient from causes which cannot now "^be foreseen, to 42568 effect these ends, thatch e President of the United States'may, 42569 by and with the advice and consent of the Senate, adopt such 42570 policy in the management of their affairs as in his judgment 42571 may be most beneficial to them; or Congress may, hereafter, 42572 make such provision by law as experience shall^ prove' to be 42573 necessary. 42574 Article 12. The said Stookbridgesand Munsees agree to 42575 suppress the use of ardent spirits among their people, and to re- 42576 jSisfc, by all prudent means, its introduction in their settlements. 42577 Article 13. Tbe Secretary pf the Interior, if deemed by 956 42578 him expedient and proper, may examine into the sales made by 42579 the Stockbridge Indians to whom lots of land were allotted in 42580 conformity to the acts of Congress, entitled "An act for the re- 42581 lief of the Stockbridge tribe of Indians in the Territory of Wis- 42582 consin," approved March third, one thousand eight hundred and 42583 forty-three ; and if it shall be found that any of the said sales 42584 have been improperly made, or that a proper consideration has 42585 not been paid, the same may be disapproved or set aside. By 42586 the direction of the said Secretary, patents to such lots of land 42587 shall be issued to such persons as shall be found to be entitled 43588 to the same. 42589 Article 14. The lots of land the equitable title to which 42590 shall be found not to have passed by valid sales from the Stock- 42591 bridge Indians to purchasers, and such lots as have, by the 42592 treaty of November twenty-fourth, one thousand eight hundred 42593 and forty-eight, been receded to the United States, shall be sold 42594 at the minimum price of ten dollars per acre for lots fronting on 42595 Lake Winnebago, on both sides of the military road, and all the 42596 lands in the three tiers of lots next to Lake Winnebago, and at 42597 five dollars per acre for the residue of the lands in said town 42598 ship of Stockbridge. Purchasers of lots on which improve- 42599 ments were made by Stockbridge Indians shall pay, in addition 42600 to the said minimum price, the appraised value of such improve- 42601 ments. To actual settlers on any of said lots possessing the 42602 qualifications requisite to acquire pre emption rights, or being 42603 civilized persons of Indian descent, not members of any tribe, 42604 who shall prove, to the satisfaction of the register of the land 42605 district to which the township of Stockbridge shall be attached, 42606 that he or she has made improvements to the value of not less 42607 than fifty dollars on such lot, and that he or she is actually re- 42608 siding on it, the time of paying the purchase-price may be 42609 extended for a term not exceeding three years from the ratiflca- 42610 tion hereof, as shall be deemed advisable by the President of 42611 the United States, provided that no such actual settler shall be 42612 permitted to pre-empt, in the manner aforesaid, more than one 42613 lot, or two contiguous lots, on which he has proved to have 42614 made improvements exceeding the value of one hundred dollars. 42615 The residue of said lots shall be -brought into market as other 42616 Government lands are offered for sale, and shall not be sold at a 42617 less price than the said minimum price ; and all said sales shall 42618 be made, and the patents provided for in these articles shall be 42619 issued, in accordance with the survey made in conformity to 42620 said act of March third, one thousand eight hundred and forty- 42621 three, unless, in the opinion of the Secretary of the Interior, a 42622 new survey shall be deemed necessary and proper, 42623 Akhole 15. The United States agree to pay, within one 957 42624 42625 42626 42627 42628 42629 42630 42631 42632 42633 42634 42635 42636 42637 42638 42639 42640 42641 42642 42643 42644 42645 42646 42647 42648 42649 42650 42651 42652 42653 42654 42655 42656 42657 42658 42659 42660 42661 42662 42663 42664 year after the ratification of this agreeraent, the appraised value of the improvements upon the lands herein ceded and relin- quished to the United States, to the individuals claiming the same, the valuation of such improvements to be made by a per- son to be selected by the superintendent of Indian affairs for the northern superintendency, and not to exceed, in the aggre- gate, the sum of five thousand dollars. Article 16. The hereinafter named Stockbridge Indians having become sufficiently advanced in civilization, and being- desirous of separating from the Stockbridge tribe, and of en- joying the privileges granted to persons of Indian descent by the State of Wisconsin, and in consideration of ceding and re- linquishing to the United States all their rights in the lands and annuities of the Stockbridge tribe of Indians, and in the annu- ities, money, or land to which said Indians now are or may hereafter be entitled, the United States agree to issue patents in fee-simple to the said Stockbridge Indians to the lots of land, at the town of Stockbridge, described and set opposite their names. Names of persons. * John Moore Job Moore Sopha Moore Caleb Moore Elizabeth Moore Henry Moore Daniel Davids' heirs John Littleman's heirs Jane Dean's heirs A. Miller's heirs Mary McAllister Hope Welch Catharine Mills Nancy Hom Margaret Beaulieu Sally Shenandoah Jacob Moore Martha Moore, wife of Jacob Moore Betsey Manague , Levy Konkapot Mary Hendrick John W. Abrams Lota to be patented to them. 9, 38, and 105. 69, 176 and 191 177 223 234 .: 264 47, K. half 48, 60 113 30 14 ]vr. half 280 .. . 284 S. half 194.... N. half 270,... N. half 238.... 76 233 253 N. half 349.... 61, 152 78 59 Lots, the privilege of entering which on the same terms of payment as pre- scribed for actual settlers in article 14 IS granted. 226 and 187 280 233. S. half 280 N. half 194 S. half 270 S. half 238 190 S. half 349 42665 The said Mary Hendrick, and Levy Konkapot, John W. 42666 Abrams to have the privilege of joining again the said Stock- 42667 bridges and Munsees in their new location. 958 42668 Article 17. So much of the treaties of September third, 42669 one thousand eight hundred and thirty-nine, and of November 42670 twenty-fourth, one thousand eight hundred and forty-eight, as is 42671 in contravention or in conflict with the stipulations of this 42672 agreement, is hereby abrogated and annulled. 42673 Article 18. This instrument shall be binding upon the 42674 contracting parties whenever the same shall be ratified by the 42675 President and the Senate of the United States. 42676 Boll and census made in conformity to article 5 of the foregoing 42677 treaty. d-^fiVS Names. — Census o( the Hilunseas of New York. i-i/U I O included in the treaty of September 3, 1839. Man. Women, Chililren. Total. 42679 Isaac Durkee 1 1 2 4 42680 William Mohawk 112 4 42681 Titus Mohawk .. l l 42682 Thomas Snake's widow. .. 1 1 2 42683 Austin Half White .. 1 1 42684 Clarissa Spragg 1 7 8 42685 George Moses 112 4 42686 Jonathan Waterman ... 1 1 5 7 42687 Jonathan Titus 1 .. .. l 42688 LevyHalftown 117 9 42689 Jefferson Halftown 1 1 .. 2 42690 EuniceEedEye 1 5 G 42691 John Wilson 113 5 42692 Joshua Wilson 112 4 4^69*? Names.— Cengua of Stockbridgea and Munseea i^yiou atStockhrid«e, Wiaconain. Men. Women. Ch.lJren. Total. 42694 John K Chicks 1 .. 3 4 42695 Jeremiah Slingerland ... 1 l 3 5 42696 JohnW.Abrams 114 6 42697 Ziba T.Peters 112 4 42698 Levy Koukapot 1 .. .. 1 42699 Thomas S. Branch 112 4 42700 Jacob Davids 1 1 4 q 42701 John W. Quinney, jr. .. 112 4 42702 Timothy Jourdan 113 5 42703 John Yoccum 114 6 42704 George T. Bennet 1 1 3 5 42705 Jacob Konkapot 1 i 3 5 42706 Jesse Jourdan 1 1 2 4 42707 Jeremiah Bennet 112 4 42708 Isaac Jacobs 1 1 1 3 42709 James Joshua 1 . . . . 1 42710 Benjamin Pye, 2d 1 2 4 7 42711 John P. Hendricks 1 l 2 4 959 4- '^71 9 Wfiiiiea. — Census of Stockbridgesand Miinseea rt-j I x^ jit Stockbridge, Wisconsin. Men. 42713 Eli Williams 1 42714 Cornelias Antliony 1 42715 Lewis Hendrick 1 42716 Adam Davids 1 42717 Elias Konkapot 1 42718 Jedediah Wilber 1 42719 William Gardner 1 42720 Stephen Gardner 1 42721 Simeon Gardner 1 42722 Polly Bennett 42723 Eleanor Charles 42724 Mary Hendrick 42725 Susannah Hendrick 42726 Joseph Doxtater ....... 1 42727 Joseph L. Chicks 1 42728 James Chicks 42729 Solomon Davids 1 42730 Elizabeth Bowman 42731 Humble Jourdan 1 42732 Phebe Pye 42733 Jacob Jacobs . - 1 42734 Aaron Konkapot 1 42735 Jeremiah Gardiner 1 42736 Andrew Wilber 1 42737 Prudence Quinney 42738 Bethseba Wright 42739 Alonzo Quinney 1 42740 Eebecca Thompson 42741 Peter Bennett, sen 1 42742 Peter Bennett, jr 1 42743 Daniel Gardner 1 42744 Bathseba Brown 42745 Dennis T. Turkey 1 42746 Benjamin Pye, 3d 1 42747 Abram Pye, sen 1 42748 Abram Pye, jr 1 42749 David Pye 1 42750 Elizabeth Doxtater 42751 Margaret Davids 42752 Cornelius Aaron 1 42753. Anna Turkey. 42754 Phebe Skicket 42755 Louisa Konkapot 4275G Elizabeth Aaron 42757 Eebecca Aaron Women. Chililren, Total. 1 3 5 1 2 4 1 1 2 4 1 1 1 3 5 1 1 3 1 1 3 1 2 3 1 . .. 1 1 ^ . 1 1 . . 1 1 2 3 4 . . 1 1 1 1 3 1 3 4 1 . . 2 1 '■ 1 1 •■ ■■ 1 1 . . 1 1 1 1 •- 1 1 1 1 1 4 C 1 2 , . 1 1 1 1 2 1 4 6 -■ 2 3 1 1 1 4 5 1 1 2 1 1 3 1 1 1 1 1 . . 1 1 , . •1 1 .. 1 960 A07KQ Names.— Census of Stockbridgea and Munsecs *^ I fo „( Stockbiidge, Wisconsin. 42759 Benjamia Pye, 4th 42760 Paul Pye 42761 Jackson Chicks and one 42762 other orphan, heirs of 42763 Josiah Chicks 42764 Electa W. Candy 42765 Cornelius Yoccum 42766 Harriet Jourdan 42767 Levina Pye 42768 Charlotte Palmer 42769 Eemona Miller 42770 Hannah Turkey 42771 Bigdeer 42772 Elizabeth Wilber 42773 Harvey Johnson 42774 Mary Eliza Butler 42775 Thomas Tousey 42776 Chester Tousey 42777 Daniel Tousey 42778 Sarah Tousey. 42779 Philena Pye, 1st 42780 Lucinda Quinney 42781 Eliza Franks 42782 Lucinda Gardner 42783 Mary Jane Bowman 42784 Debby Baldwin 42785 Edward Bowman 42786 Moses Smith ,. 42787 Dolly Doxtater 42788 Polly Smith 42789 Aaron Smith, (Hannah 42790 Smith) 42791 Polly Ponkapot 42792 John Lewis 42793 Peter D. Littleman 42794 Clarissa Miller 42795 JohnP.Quinney,(absent) 42796 Paul Quinney, (absent). 42797 Charles Stevens 42798 Samuel Stevens 42799 Samuel Miller 42800 John Metoxen, sen 42801 Simeon S. Metoxen 42802 Nicholas Palmer 42803 Daniel Metoxen len. Women. Children Total, 1 1 3 5 1 ■- -- 1 o 2 1 1 4 6 1 1 3 5 . . 1 1 1 1 . . 1 3 4 . . 1 2 3 . . 1 3 4 1 . . 1 1 2 3 1 1 7 9 . . 1 3 4 1 1 6 8 1 1 5 7 1 . . . . 1 1 . . 1 1 . . 1 1 2 3 1 1 2 1 1 2 1 1 1 2 3 1 1 1 3 1 1 2 4 . . . 1 1 2 •- 1 -- 1 1 1 2 4 . . 1 . . 1 1 , . .. 1 1 1 4 6 1 1 1 1 . , 2 1 1 1 3 1 , . 1 1 1 2 1 4 5 1 1 . . 2 1 1 4 6 1 1 2 4 1 .. .. 1 961 ^OQA^ NameEi. — Census of Stockbridgea and Munaeea *^OU* ^j Stockbridge, Wiaconsin. ftren. 42805 Moses Doxtator 1 42806 Darius Charles 1 42807 Catharine Butterfleld 42808 Washington Quinney . - - 1 42809 Ezekiel Eobinson 1 42810 Sally Pye 42811 James Palmer 1 42812 Jonas Thompson 1 42813 William Thompson 1 42814 Austin E. Quinney , 1 42815 John Beaman 1 42816 Simeon Quinney 1 42817 Elizabeth Palmer 42818 Margaret Miller 42819 William Miller 1 42820 Zachariah Milier 1 42821 Solomon Dachamp 1 42822 John Metoxen, jr 1 42823 Jospeh M. Quinney 1 42824 Mary Quinney 42825 Frelinghuysen Quinney. 1 42826 Bartholomew Bowman.. 1 42827 Lewis Bowman 1 /omen. Children. Total. 1 2 4 .. 2 3 1 1 2 1 3 5 .. . , 1 1 2 3 .. 2 3 1 3 5 1 1 3 5 1 1 1 3 1 . . 1 1 2 3 1 1 ■• 2 1 1 1 1 3 1 1 1 1 1 42828 42829 42830 42831 42832 42833 42834 42835 42836 42837 42838 42839 42840 42841 42842 42843 42844 42845 42846 Roll and Census of StocTcbridges and Munsees who prefer to re- main at Stockbridge according to article 16. John Moore Job Moore Sophia Moore Caleb Moore Elizabeth Moore Henry Moore - Diana Davids Mary Ann Littleman Mary Jane Dean. ^ Children Daniel P. Dean. > of Jane John W. Dean. ) Dean. Dideema Miller Darius Davids Mary McAllister Hope Welch Catharine Mills * 121 1 T 1 1 Total. 1 8 1 2 1 2 1 1 1 1 1 1 1 1 962 4-ao4:7 Namea. Men. Women. Children. TotRl. 42848 Nancy Horn 1 ' - - 1 42849 Margaret Beaulieu 1 5 6 42850 Sally Schenandoah .. 1 2 3 42851 Betsey Manague - -- 1 5 G 42852 Jacob Moore ■ 112 4 42853 FRANCIS HUEBSCHMANN, 42854 Commissioner. 42855 ZIBA T. PETERS, Sachem. 42856 DilPAETMENT OP THE InTEBIOK, 42857 Office Indian Affairs, March 3, 1856. 42858 Sir: Referring to my last two annual reports, where the 42859 , embarrassed condition of the Stockbridge and Munsee Indians 42860 is discussed, and to the paragraph of the general Indian appro- 42861 priation bill, of the 3d Marct, 1855, Stat, at Large, voL x, p. 42862 699, where there is appropriated, " for" the purpose of enabling 42863 the President to treat with and arrange the dififtculties existing 42864 among the Stockbridge and MUnsee Indians of Lake Winne- 42865 bago, in the State of Wisconsin, arising out of the acts of Con- 42866 gress of third March, eighteen hundred and forty-three, and 42867 August sixth, eighteen hundred And forty-six, and the treaty 42868 of twenty -fourth of November, eighteen hundred and forty- 42869 eight, in such manner as may be just to the Indians, and with 42870 their assent, and not inconsistent with the legal rights of white 42871 persons who may reside on the Stockbridge reserve, of the claim 42872 of the United States under the treaty of eighteen hundred and 42873 forty-eight, the sum of fifteen hundred dollars ; " and also to 42874 the treaty which was made between these Indians and Super- 42875 intendent Francis Huebschmann, during the last summer, which 42876 for reasons then given you, was disapproved of, I have now the 42877 honor to send up a treaty concluded with them on the 5th 42878 ultimo, by Superintendent Huebschmann, the provisions of 42879 which are approved by me, and would recommetid, if you agree, 42880 that it may be laid before the President, to the end, if ap- 42881 proved by him, that it may be sent to the Senate for its consti- 42882 tational action thereon. 42883 And I herewith transmit a copy of the letter of the super- 42884 intendent sending on said treaty, together with a Copy of a 42885 power of attorney from certain Munsees to Isaac Durkee, Wil- 42886 liam Mohawk, and Joshua Wilson, for purposes therein Indi- 42887 cated. 42888 I would merely remark that by locating the StockbriXiges 42889 in Wisconsin instead of Minnesota about $20,000 of expehse 42890 would be saved in removal, while a location in Minnesota coulki 42891 not be more out of the way of the whites, and the lands there 963 42892 would be worth to the Governnjent at least as much as the price 42893 to be paid the Menomonees. 42894 Very respectfully, your obedient servant, 42895" GEO. W, MAFYPENNY, Commissioner. 42896 Hon. Eobeet McClelj^AND, 42897 Secretary of the Interior. 42898 NOKTHERN SUPEBINTENDENCY, 42899 Milwaulde, February 23, 1856. 42900 Sir : I have the honor to enclose a treaty with the Stock- 42901 bridges and Munsees, copcluded in conformity to your instruc- 42902 tions. In consequence pf the complicated difficulties at Stock- 42903 bridge, and the factions spirit ruling among the Indians, the 42904 task imposed upon me was not an easy one, and required ex- 42905 traordinary patience 9,nd forbearance. I believe I have used all 42906 proper means to make the arrangement contemplated by the 42907 treaty as acceptable to all parties interested as could be expected 42908 under the circumstances. However, about one-fifth of the In- 42909 dians, headed by y^ustin E. Quinney, and mostly consisting of 42910 members of the Quinney family, did not sign the treaty, but 42911 without giving jiny sensible reason. The only two objections 42912 raised by Austjn E. Quinney to the draft of the treaty were : 42913 Firstf'That the issuing of patents to lands, to be apportioned to 42914 the individuals of the tribe, was contemplated. This objection 42915 Jwas ^virtually obviated by q^ending the treaty so that the ap- 42916 plication for a patent to be made after ten years has first to be 42917 consented to by the general council of tbe Stockbridges and 42918 Munsees. 42919 His second objection was that there was no provision made 43920 for the payment of a claim he himself has against the tribe. 42921 Though I invited him to submit the claim to me for examina- 42922 tion, he did not do so, and, from what I learn«d from himself 42923 and others, it appears that it would, if submitted, not bear very 42924 accurate examination, as about half of it is made up of high 42925 charges for meals furnished councillors of the Stockbridges, and 42926 tbe other half for funds advanced to one certain Chandler, on 42927 his share of the twenty thousand dollars to be paid under the 42928 amendment to the treaty of 1848 for procuring the adoption of 42939 the said amendment. 42930 The real objection on the part of the Quinneys to the reor- 42931 ganization of the Stockbridges and Munsees under this treaty 42932 is, no doubt, the certainty staring them in the face that their 42933 rule over the tribe will be at an end if the treaty is ratified. To 42934 show what use this family has made of their power over the 42935 tribe, I will only mention a few instances. Though claiming to 42936 hold their lands again in commonalty in consequence of the law 964 42937 of August 6, 1846, Austin E. Quinney, by barter and trade car- 42938 ried on with widows and other Indians, and by advancing to 42939 them a few provisions, pretended to have bought their lots of 42940 land, and under the treaty of 1848 he not only received pay for 42941 the improvements on all these lands, (1,440 acres,) $2,760.63, but 42942 of the sixteen thousand five hundred dollars paid under V arti- 42943 cle of treaty of 1848 he received $3,083, while, under a proper 42944 per capita apportionment, the share of his family would not 42945 have been much more than about three hundred dollars. The 42946 interest of the $16,500, to be paid "as other annuities are paid 42947 by the United States," has been apportioned in direct violation 42948 of the said treaty until the Stockbridge affairs came under my 42949 superintendence, in the same manner as the $16,500 under arti- 42950 cle 5 had been paid ; and for the benefit of Sam'l Miller, even tjiat 42951 illegal apportionment was falsified so as to pay him one-half of 42952 $1,662.50, and the interest on the other half instead of $412.50, 42953 the proportion to which he would have been entitled by the 42954 quantity of land held by him at the treaty of 1848. Austin E. 42955 Quinney realized about a thousand dollars more by selling his 42956 pretended right of occupancy to lots, so that it appears that he 42957 has received about seven thousand dollars in addition to what 42958 he has received of the money paid to his tribe by the State of 42959 New York, and it is no doubt mortifying to him that his share 42960 of moneys hereafter is to be no larger than that of any other 42961 member of the tribe. A great part of the funds received from 42962 the State of New York has b'feen used by the Quinney family for 42963 their own aggrandizement and the sending of delegations to 42964 Washington ; and the wishes of a majoritj' of the Stockbridges 42965 in relation to the application of those funds have been fre- 42966 quently disregarded, and at the present time Sam'] Miller has been 42967 sent by Austin E. Quinney as delegate to Washington with a 42968 part of those funds, in direct opposition to the wishes of the 42969 majorityf 42970 I proposed to Austin E. Quinney and his followers to patent 42971 to them lands at Stockbridge, and to make other stipulations 42972 favorable to them, if they preferred to remain there and to 42973 separate from the tribe; but as they would not declare their 42974 willingness to accept of such provisions, and as Quinney declared 42976 that he would probably desire to remove with the others if the 42976 lands to be selected were of good quality, and deeming it more 42977 beneficial to them that they should remove with the others and 42978 be settled by themselves, if they preferred it, in some corner of 42979 the new reservation, I did not feel prompted to provide for their 42980 remaining at Stockbridge, and increased the sums to be paid in 42981 proportion to their number. 42982 I had made no secret, since my visit to Stockbridge during 42983 the fore part of December last, of the arrangement contemplated 965 42984 in relation to lands and land-titles at Stockbridge, (articles 13 42985 and 14,) and it appeared generally satisfactory to white set- 42986 tiers; yet there will be always found meddlesome individuals, 42987 and it appears that, at the request of a resident of Stock. 42988 bridge, who, however, has no land himself, a lawyer of Green 42989 Bay had drawn up a petition or memorial asking the treaty to 42990 be amended. 42991 When I saw the document no names were attached to it, 42992 and I have not inquired afterwards if it has been signed by 42993 anybody and forwarded. I read it very hastily, but it left the 42994 impression upon my mind that little legal knowledge was dis- 42995 played by its author. Since the authority to issue patents given 42996 by the law of 1843 was destroyed by the repealing act of 1846, 42997 and the list of patents to lots to be granted under the treaty of 42998 1848 is imperfect and incorrect, the settlers at Stockbridge, if 42999 they understand it, will be the last to object to authority being 43000 granted to the proper offlcer to issue patents ; and the investiga- 43001 tion of sales made by Indians provided for, I think, will not be 43002 seriously objected to, except by such who are afraid that the 43003 consideration paid by them would be found to have consisted of 43004 whiskey. 43005 The minimum price fixed in the treaty for the land to be 43006 sold by the United States Government is not too high nor unjust 43007 to any class of the settlers at Stockbridge. Those who settled 43008 there shortly after the treaty of 1848, and bought out, for a 43009 small consideration, the right of occupancy of Indians to their 43010 houses, clearings, and fields, have since mostly confined them- 43011 selves to cultivating the fields already made, and raised fine 43012 crops, without paying any taxes or bearing any of the hardships 43013 of a new settlement. It has not been so much by their labor 43014 that these lands have become valuable as by the settlements 43015 and improvements made in the surrounding country and the 43016 general prosperity of the State. The settlers who have recently 43017 squatted on lots of land at Stockbridge have gone there with 43018 the perfect knowledge of the price which was expected to be 43019 fixed on those lands, and since it has become known that the 43020 treaty was signed, that part of the State has been under great 43021 excitement, and many have flocked to Stockbridge to make 43022 claims and to avail themselves of the privileges contemplated to 43023 be extended to actual settlers by tlie treaty. It is feared that 43024 there are even more settlers and claimants than lots of land, 43025 and if the price should be reduced the excitement would, no 43026 doubt, become more intense, and the land-oflSlcers would find it 43027 more difilcult to settle the conflicting claims. The privilege of 43028 entering lands at the terms of payment as prescribed for actual 43029 settlers in article 14, granted to a number of Indians by article 43030 16, was considered by all as very valuable, which seems to 966 43031 43032 43033 43034 43035 43036 43037 43038 43039 43040 43041 43042 43043 43044 43045 43046 43047 43048 43049 43050 43051 43052 43053 43054 43055 43056 43057 43058 43059 43060 43061 43062 43063 43064 43065 43066 43067 43068 43069 43070 43071 43072 43073 43074 43075 43076 prove beyond a doubt that the price is considered very moderate. If the petition above referred to has been signed generally by the settlers at Stockbridge, they have done so in consequence of its being represented to them that it could do no harm to try to get the lands from the Government at a less price, and not because the price is too high or unjust to any one of them. A power of attorney of the Munsees of Kew Tork to their dele- gate is herewith enclosed. Very respectfully, your obedient servant, FEANCIS HUEBSGHMANN, Superintendent. Hon. Geoege W. Manypenny, Commissioner of Indian Affairs, Washington, B. G. Know all men that by these presents we make, constitute, and appoint Isaac Durkee, William Mohawk, and Joshua Wilson, or either two of them in the absence of the other, to receive from the commissioner of the United States the share of us, and each of us, and our families, in money, which, in consideration of annuities due us from the United States, or by virtue and effect of a treaty which it is understood is about to be made between the United States and the Stockbridge and Munsee tribes of Indians, we are informed will be our due, and will be paid to us by the said commissioner, or by the superintendent of Indian affairs for Wisconsin. And we hereby authorize our attorneys as aforesaid to give receipts and vouchers to the said commis- sioner or superintendent, as may- be right, or he may require ; our intention being that our said attorneys shall transmit to us, in the State of Kew Xork, said moneys, to enable us immediately to remove to, improve, and subsist in our new homes in the State of Wisconsin; hereby ratifying the acts of our attorneys in the premises. In witness whereof, we have hereunto set our hands and seals, this — In presence of- Sam'l W. Beall, John Aemsteong. - day of January, A. D. 1856. ISAAC DUEKBE. WILLIAM MOHAWK. TITUS MOHAWK, his x mark. AUSTIN HALF WHITE, his x mark. OLAEISSA SPEAGG, her x mark. GEOEGE MOSES, his x mark. JONATHAN WATEEMAN, his x mark. JONATHAN TITUS, his x mark. LEVY HALF TOWN, his x mark. JEPFEESON HALF TOWN, his x mark. 967 43077 State op New York, ) 43078 Cattaraugus Coimty, i 43079 On this 19th day of January, A. D. 1856, came before me 43080 Isaac Durkee, William Mohawk, Titus Mohawk, Austin Half 43081 White, Clarissa Spragg, George Moses, Jonathan Watersnake, 43082 Jonathan Titus, Levy Half Town, Jefferson Half Town, proven 43083 to me by the oath of George Jamison, to me well known, to be 43084 the individuals who signed and executed the within instrument 43085 of attorney, and acknowledged that they executed it freely. 43086 GEOEGE JAMISOIST, his x mark. 43087 Sworn and subscribed before me, this 19th day of Jau- 43088 uary, 185G. 43089 ELISHA BEOWN, 43090 Jmtise of the Peace. 43091 Proclaimed September 8, 1856. 43092 TEETONS. 43093 A treaty ofjpeace and friendship made and concluded between Will- 43094 iam GlarJc, Ninian Edwards, and Auguste Chouteau, commis- 43095 sioners plenipotentiary of the United States of America, on the 43096 part and behalf of the said States, of the one part, and the 43097 undersigned chiefs and warriors of the Teeton tribe of Indians, 43098 on the part and behalf of their said tribe, of the other fart. 43099 The parties being desirous of re-establishing peace and 43100 friendship between the tJnited States and the said tribe, and 43101 of being placed in all things and in every respect on the 43102 same footing upon which they stood before the late war be- 43103 tween the TJnited States and Great Britain, have agreed to the 43104 following articles : 43105 Aeticle 1. Every injury or act of hostility committed by 43106 one or either of the contracting parties against the. other shall 43107 be mutually forgiven and forgot. 43108 Article 2. There shall be perpetual peace and friendship 43109 between all the citizens of the United States of America and all 43110 the individuals composing the said Teeton tribe ; and the friendly 43111 relations that existed between them before the war shall be^ and 43112 the same are hereby, renewed. 43113 Article 3. The undersigned chiefs and warriors, for them- 43114 selves and their said tribe, do hereby acknowledge themselves 43115 and their aforesaid tribe to be under the protection of the United 43116 States of America, and of no other nation, power, or sovereign 43117 whatsoever. 43118 Eatified Becember 26, 1815. 968 43119 UTAHS. 43120 Treaty between the United States of America and the Utah Indians. 43121 The following articles have been duly considered and sol- 43122 emnly adopted by the undersigned, that is to say, James S. 43123 Calhoun, Indian agent, residing at Santa F6, acting as commis- 43124 sioner on the part of the United States of America, and Quixia- 43125 chigate, Nanito Nincocunachi, Abaganixe, Eamahi, Subleta, 43126 Eupallachi, Saguasoxego, Paguisachi, Cobaxanor, Amache, 43127 Puigniachi, Panachi, Sichuga, Uvicaxinape, Cuchuticay, Nachi- 43128 tope, Pueguate, Guano Juas, Pacachi, Saguanchi, Acaguate 43129 nochi, Puibuquiacte, Quixache tuate, Saxiabe, Pichiute ISTochi- 43130 chigue, Uvive, principal and subordinate chiefs, representing the 43131 Utah tribe of Indians. 43132 I. The Utab tribe of Ind ians do hereby acknowledge and 43133 declare they are lawfully and exclusively under the jurisdiction 43134 of the Government of said States, and to its power and author- 43135 ity they now unconditionally submit. 43136 II. From and after the signing of this treaty, hostilities be- 43137 tween the contracting parties shall cease, and perpetual peace 43138 and amity shall exist, the said tribe hereby binding themselves 43139 most solemnly never to associate with or give countenance or 43140 aid to any tribe or band of Indians, or other persons or powers, 43141 who may be at any time at enmity with the people or Govern 43142 ment of said States, and that they will, in all future time, treat 43143 honestly and humanely every citizen of the United States, and 43144 all persons and powers at peace with the said States; and all 43145 cases of aggression against the said Utahs shall be referred to 43146 the aforesaid Government for adjustment and settlement. 43147 III. All American and Mexican captives and others taken 43148 from persons or power'^ at peace with the said States shall be 43149 restored and delivered by said Utahs to an authorized of&cer or 43150 agent of said States, at Abiquin, on or before the first day of 43151 March, in the year of our Lord one thousand eight hundred and 43152 fifty ; and in like manner all stolen property of every descrip- 43153 tion shall be restored by or before the aforesaid first day of 43154 March, 1850. In the event such stolen property shall have been 43155 consumed or destroyed, the said Utah Indians do agree and are 43156 hereby bound to make such restitution and under such circum- 43157 stances as the Government of the United States may order and 43158 prescribe; but this article is not to be so construed or under- 43159 stood as to create a claim against said States for any losses or 43160 depredations committed by said Utahs. 43161 rv. The contracting parti«8 agree that the laws now in 969 43162 force, and such otbers as may be passed, regulating the trade 43163 and intercourse, and for the preservation of peace with the va- 43164 rious tribes of Indians under the protection and guardianship of 43165 the Government of the United States, shall be as binding and 43166 obligatory upon the said Utahs as if said laws had been enacted 43167 for their sole benefit and protection ; and that said laws may be 43168 duly executed, and for all other useful purposes, the territory oc- 43169 cupied by the Utahs is hereby annexed to New Mexico as now 43170 organized or as it may be organized or until the Government of 43171 the United States shall otherwise order. 43172 V. The people of the United States, and all others in amity 43173 with the United States, shall have free passage through the Ter- 43174 ritory of Utah, under such rules and regulations as may be 43175 adopted by authority of said States. 43176 VI. In order to preserve tranquility and to afibrd protec- 43177 tion to all the people and interests of the contracting parties, the 43178 Government of the United States will establish such military 43179 posts and agencies, and authorize such trading-houses, at such 43180 time and in such places as the said Government may designate. 43181 VII. Eelying confidently upon the justice and liberality of 43182 the United States, and anxious to remove every possible cause 43183 that might disturb their peace and quiet, it is agreed by the Utahs 43184 that the aforesaid Government shall, at its earliest convenience, 43185 designate, settle, and adjust their territorial boundaries, and 43186 pass and execute such laws in their Territory as the Govern- 43187 ment of said States may deem conducive to the happiness and 43188 prosperity of said Indians. And the said Utahs further bind 43189 themselves not to depart from their accustomed homes or locali- 43190 ties unless specially permitted by an agent of the aforesaid 43191 Government; and so soon as their boundaries are distinctly de- 43192 fined the said Utahs are further bound to confine themselves to 43193 said limits, under such rules as the said Government may pre- 43194 scribe, and to build up pueblos, or to settle in such other manner 43195 as will enable them most successfully to cultivate the soil, 43196 and pursue such other industrial pursuits as will best promote 43197 their happiness and prosperity ; and they now deliberately and 43198 considerately pledge their existence as a distinct tribe to ab- 43199 stain, for all time to come, from all depredations; to cease the 43200 roving and rambling habits which have hitherto marked them 43201 as a people; to confine themselves strictly to the limits which 43202 may be assigned them ; and to support themselves by their own 43203 industry, aided and directed as it may be by the wisdom, jus- 43204 tice, and humanity of the American people. 43205 VIII. For and in consideration of the faithful performance 43206 of all the stipulations contained in this treaty by the said Utahs, 43207 the Government of the United States will grant to said Indians * 122 I T 970 43208 such douations, presents, and implements, and adopt such other 43209 liberal and humane measures as said Government may deem 43210 meet and proper. 43211 IX. This treaty shall be binding upon the contracting par- 43212 ties from and after the signing of the same, subject, in the first 43213 i^lace, to the approval of the civil and military governor of Few 43214 Mexico, and to such other modifications, amendments, and orders 43215 as may be adopted by the Government of the TJnited States. 43216 Proclaimed September 9, 1850. 43217 ■ UTAHS— TABEGUACHE BAND. 43218 Treaty between the United States of America and the Taheguache 43219 hand of Utah Indians, concluded October 7, 1863 ; ratifica- 43220 Hon advised, ivith amendments by the Senate, March 25, 1864; 43221 amendments assented to October 8, 1864. 43222 Abraham Lincolk, President of the United States of America, 43223 to all and singular to whom these presents shall come, 43224 greeting: 43225 AVhereas a treaty was made and concluded at the Tabe- 13226 guache agency, at Conejos, Colorado Territory, on the seventh 43227 day of October, iu the year of Lord one thousand eight 43228 hundred and sixty- three, by and between John Evans, Michael 43229 Steck, Simeon Whiteley, and Lafayette Head, commissioners on 43230 the part of the United States, and the hereinafter-named chiefs 43231 and warriors of the Tabeguache band of Utah Indians, on the 43232 part of said band of Indians, and duly authorized thereto by 43233 them, Avhich treaty is in the words and figures following, to 43234 wit : 43235 Whereas the Tabeguache band of Utah Indians claim as 43236 against all other Indians an exclusive right to the foUowing- 43237 described country as their lands and hunting grounds within 43238 the territory of the United States of America, being bounded 43239 and described as follows, to wit : 43240 " Beginning on the 37th degree of north latitude, at the 43241 eastern base of the Sierra Madre Mountain ; running thence 43242 northerly with the base of the Eocky Mountains to the forty- 43243 first parallel of north latitude; thence west with the line of 43244 said forty-first parallel of north latitude to its intersection with 43245 the summit of the Snowy range, northwest of the North Park ; 43246 thence with the summit of the Snowy range southerly to the 43247 Eabbit-Bar Mountains; thence southerly with the summit of 43248 said Eabbit-Ear range of mountains, west of the Middle Park, 43249 to the Grand Eiver; thence with the said Grand Eiver to its 971 43250 confluence with the Gunnison Eiver; thence with the said 43251 Gunnison Eiver to the mouth of the Uncompahgre Eiver ; thence 43252 with the said Uncompahgre Eiver to its source in the summit of 43253 the Snowy range, opposite the source of the Eio Grande del 43254 Iforte; thence in a right line south to the summit of the Sierra 43255 La Plata range of mountains, dividing the waters of the San 43250 Juan Eiver from those of the Eio Grande del Norte; thence 43257 with the summit of said range southeasterly to the thirty-seventh 43258 parallel of north latitude ; thence with the line of said parallel 43259 of latitude to the plaice of beginning : " 43260 The President of the United States of America, by John 432C1 Evans, governor of Colorado Territory, and ex-officio superintend- 43262 ent of Indian affairs for the same, Michael Steck, superintend- 43263 ent of Indian affairs for the Territory of New Mexico, Simeon 43264 Whiteley and Lafayette Head, Indian agents, duly authorized 43265 and appointed as commissioners for the purpose, of the one part, 43266 and the undersigned chiefs and warriors of the Tabeguache band 43267 of Utah Indians, of the other part, have made and entered into 43268 the following treaty, which, when ratified by the President of 43269 the United States, by and with the advice and consent of the 43270 Senate, shall be binding on both parties, to wit : 43271 Article 1. It is admitted by the Tabeguache band of Utah 43272 Indians that they reside within the territorial limits of the United 43273 States, acknowledging their supremacy, and claim their proteo- 43274 tion. The said band also admits the right of the United States 43275 to regulate all trade and intercourse with them. 43276 Akticle 2. Said Tabeguache band of Utah Indians hereby 43277 cede, convey, and relinquish all of their claims, right, title, and 43278 interest in and to any and all lands within the territory of the 43279 United States, wherever situated^ excepting that which is in- 43280 eluded within the following boundaries, which are hereby re- 43281 served as their hnnting-gvounds, viz : 43282 Beginning at the mouth of the Uncompahgre Eiver, thence 43283 down Gunnison Eiver to its confluence with the Bunkara Eiver, 43284 thence up the Bunkara Eiver to the Eoaring Fork of the same, 43285 thence up the Eoaring Pork to its source, thence along the sum- 43286 mit of the range dividing the waters of the Arkansas from those 43287 of the Gunnison Eiver to its intersection with the range dividing 43388 the waters of the San Luis Valley from those of the Gunnison's 43289 Fork of the Great Colorado Eiver, thence along the summit of 43290 said range to the source of the Uncompahgre Eiver, thence from 43291 said source and down the main channel of said Uncompahgre 43292 Eiver to its mouth, the place of beginning. Nothing contained in 43293 this treaty shall he construed or talcen to admit on the part of the 43294 . United States any other or greater title or interest in the lands above 43295 excej)ted and reserved in said tribe or band of Indians than existed 972 43296 in them upon the acquisition of said Territory from Mexico by the 43297 laws thereof. 43298 Article 3. And it is furtlier agreed tliat the United States 43299 sliall have the right to establish one or more military posts, with 43300 their needful reservations, upon the lands and hunting-grounds 43301 not ceded by the Tabeguache band in this treaty; also the right 43302 to locate, construct, and maintain railroads and other roads 43303 and highways, through the same, and along the routes of United 43304 States mail-lines, at suitable points, to establish and maintain 43305 stations. 43306 Any citizen of the United States may mine, without iuter- 43307 ference or molestation, in any part of the country hereby re- 43308 served to said Indians where gold or other metals or minerals 43309 may be found. 43310 Article 4. And the said Tabeguache band hereby gives 43311 its consent that the Mohuache band of Utah Indians may also 43312 be settled with them upon the lands and hunting-grounds re- 43313 served in this treaty. 43314 Article 5. And the said Tabeguache band further agrees 43315 "to give safe-conduct to all persons who may be legally authorized 43316 by the United States to pass through their reservation, and to 43317 protect, in their persons and property, all agents or otiier per- 43318 sons sent by the United States to reside temporarily among 43319 them. 43320 Article 6. That the friendship which is now established 43321 between the United States and the Tabeguache band of Utah 43322 Indians should not be interrupted by the misconduct of indivi- 43323 duals, it is hereby agreed that for injuries done no, private 43324 revenge or retaliation shall take place, but, instead thereof, 43325 complaint shall be made by the party injured to the superin- 43326 tendent or agent of Indian affairs, or other person appointed by 43327 the President. And it shall bQ the duty of the chiefs of said 43328 Tabeguache band, upon complaint being made as aforesaid, to 43329 deliver up the person or persons against whom the complaint is 43330 made, to the end that he or they may be punished agreeably to 43331 the laws of the United States. And in like manner, if any rob- 43332 bery, violence, or murder shall be committed on any Indian or 43333 Indians belonging to said band, the person or persons so offend- 43334 ing shall be tried, and, if found guilty, shall be punished in like 43335 manner as if the injury had been done to a white man. And it 43336 is agreed that the chiefs of said Tabeguache band shall, to the 43337 utmost of their power, exert themselves to recover horses or 43338 other property which may be stolen or taken from any citizen 43339 or citizens or white residents of the United States by any in- 43340 dividual or individuals of said band; and the property so recov- 43341 ered shall be forthwith delivered to the agents or other persons 973 43342 authorized to receive it, that it may be restored to the proper 43343 owner. And for such property as any Indian or Indians belong- 43344 ing to said band may have taken from citizens or white residents 43345 of the United States which cannot be restored, payment shall 4334G be reserved from the annuities which the said band is to receive, 43347 upon sufficient proof of the fact. And the United States hereby 43348 guarantee to any Indian or Indians of said baud a full indemni- 43349 flcation for any horses or other property which may be stolen 43350 from them by any of their citizens or white residents : Provided, 43351 That the property so stolen cannot be recovered, and that suffi- 43352 cient proof is produced that it was actually stolen by a citizen 43353 or white resident of the United States. And the S9,id Tabe- 43354 guache band engages, on the requisition or demand of the Pres- 43355 ident of the United States, or of the agents, to deliver up any 43356 white man resident among them. 43357 Article 7. And the chiefs and warriors as aforesaid 43358 promise and engage their band will never, by sale, exchange, or 43359 as presents, supply any nation or tribe of Indians not in amity 43360 with the United States with guns, ammunition, or other imple- 43361 ments of war. 43362 Article 8. For the period of ten years the said band shall 43363 receive annually, by such distribution as the Secretary of the 43364 Interior may direct, ten thousand dollars' worth of goods, and 43365 also ten thousand dollars' worth of provisions. 43366 Article 9. For the purpose of improving their breed of 43367 horses, the band shall receive Ave American stallions the first 43368 year after the ratification of this treaty. 43369 Article 10. That in case the chiefs of said band shall 43370 anuouuce to the agent a willingness and determination on their 43371 part, and on the part of their people, to begin and follow agricu^ 43372 tural or pastoral pursuits by farming or raising stock, and grow- 43373 ing wool upon such lands to be selected and set apart within 43374 said reservation, and according to such regulations as the Secre- 43375 tary of the Interior may prescribe, they shall receive the follow- 43376 ing donations of stock to aid them in their endeavor to gain a 43377 livelihood by such new pursuits, viz : 43378 Of cattle, not exceeding one hundred and fifty head an- 43379 nually during five years, beginning with the ratification of this 43380 treaty. 43381 Of sheep, not exceeding one thousand head annually during 43382 the first two years after the ratification of this treaty, and five 43383 hundred head annually during the three years thereafter. 43384 The Secretary of the Interior may also direct that their 43385 share of annuity goods and provisions shall be of a character 43386 suited to such change of life: Provided, however. That such 43387 stock shall only be donated as long as such chiefs shall, in good 974 43388 faith, keep and use the same for the purpose indicated in this 43389 article, and provided that the amount expended under this arti- 43390 cle shall not exceed ten thousand dollars annually. 43391 All the Indians of said baud who may adopt and conform 43392 to the provisions of this article shall be protected in the quiet 43393 and peaceable possession of their said lands and property. 43394 The Government also agrees to establish and maintain a 43395 blacksmith-shop, and employ a competent blacksmith for the 43396 purpose of repairing the guns and agricultural implements 43397 which may be used by said band of Indians, 43398 Proclaimed December 14, 1864. 43399 UMPQUAS— COW CREEK BA:SD. 43400 Franklin Pierce, President of the United States of 43401 America, to all and singular to whom these presents shall come 43402 greeting: 43403 "Whereas a treaty was made and concluded on the nine- 43404 teenth day of September, eighteen hundred and fifty- three, on 43405 Crow Creek, Umpqua Yalley, in the Territory of Oregon, by and • 43406 between Joel Palmer, superintendent of Indian affairs, on the 43407 part of the United States, and Quin-ti-oo-san, or Bighead, 43408 principal chief, and My-n-e-letta, or Jackson, and Tom, son of 43409 Quin-ti-oo-san, subordinate chiefs, on the part of the Cow Creek 43410 band of Umpqua tribe of Indians, thereto duly authorized by 43411 said tribe, which treaty is iu the words and figures following, to 43412 wit: 43413 Stipulations of a treaty made and entered into on Cow Creek, 43^14 Umpqua Valley, in the Territory of Oregon, this 19th day 43415 of September, A. D. 1853, by and between Joel Palmer, 43410 superintendent of Indian affairs, on the part of the United 43417 States, and Quin-ti-oo-san, or Bighead, principal chief, and 43448 My-n-eletta, or Jackson, and Tom, son of Quin-ti-oo-san, 43419 subordinate chiefs, on the part of the Cow Creek band of 43420 Umpqua tribe of Indians. 43421 Article 1. The Cow Creek band of Indians do hereby 43422 cede and relinquish, for the consideration hereinafter specified, 43423 to the United States, all their right, title, interest, and claim to 43424 all the lands lying in that part of the Territory of Oregon 43425 bounded by lines designated as follows, to wit : 43426 Commencing on the north bank of the south fork of 43427 Umpqua Eiver, at the termination of the high-lands dividing the 43428 waters of Myrtle Creek from those of Day's Creek; thence 43429 running easterly along the summit of said range to the head- 43430 waters of Day's Creek; thence southerly, crossing the Umpqua 975 43431 Eiver to the headwaters of Cow Creek ; theace to the dividing 43432 ridge between Cow Creek and Grave Creek ; thence southwest- 43433 erly along the said divide to its junction with the ridge dividing 43434 the waters of Cow Creek from those of Eogue Eiver ; thence 43435 westerly and northerly around on said ridge to its connection 4343G with the spur terminating opposite the mouth of Myrtle Creek ; 43437 thence along said spur to a point on the same northwest of the 43438 eastern line of Isaac Baily's land-claim ; thence southeast to 43439 Umpqua Eiver ; thence up said river to place of beginning. 43440 Article 2. It is agreed on the part of the United States 43441 that the aforesaid tribe shall be allowed to occupy, temporarily, 43442 that portion of the above-described tract of territory bounded 43443 as follows, to wit : Commencing on the south side of Cow Creek, 43444 at the mouth of Council Creek, opposite Wm. H, Eiddle's land- 43445 claim, thence up said creek to the summit of Canon Mountain, 43446 thence westerly along said summit two miles, thence northerly 43447 to Cow Creek, at a point on the same one mile above the falls ; 43448 thence down said creek to place of beginning. It being under- 43449 stood that this last-described tract of land shall be deemed and con- 43450 sidered an Indian reserve until a suitable selection shall be 43451 made by the direction of the President of the United States for 43452 their permanent residence, and buildings erected thereon and 43453 other improvements made of equal value of those upon the 43454 above reserve at the time of removal. 43455 Article 3. For and in consideration of the cession and re- 43456 Unquishment contained in article first, the United States agree 43457 to pay to the aforesaid band of Indians the sum of twelve thou- 43458 sand dollars, in manner to wit : one thousand dollars to be ex- 43459 pended in the purchase of twenty blankets, eighteen pairs pants, 434G0 eighteen pairs shoes, eighteen hickory shirts, eighteen hats or 43461 caps, three coats, three vests, three pairs socks, three neckhand- 43462 kerchiefs, forty cotton flags, one hundred and twenty yards 43463 prints, one hundred yards domestic, one gross buttons, two lbs. 43464 thread, ten papers needles, and such other goods and provisions 43465 as may be deemed by the superintendent or agent most condu- 43466 cive to the comfort and necessities of said Indians, on or before 43467 the first day of October, A. D. 1854. The remaining eleven 43468 thousand dollars to be paid in twenty equal annual instalments 43469 of five hundred and fifty dollars each, commencing on or about 43470 the first day of October, 1854, in blankets, clothing, provisions, 43471 stock, farming-implements, or such other articles and in such 43472 manner as the President of the United States may deem best 43473 for the interests of said tribe. 43474 Article 4. In addition to the aforesaid twelve thousand 43475 dollars there shall be erected for the use of said tribe, at the 43476 expense of the United States, two dwelling-houses, the cost of 976 43477 which shall not exceed two hundred dollars each, and a field of 43478 five acres fenced and ploughed, and suitable seed furnished for 43479 planting the same. 43480 Article 5. The said band of Indians agree to give safe 43481 conduct to all persons passing through their reserve, and to pro- 43482 tect in their person and property all agents or other persons sent 43483 by authority of the United States to reside among them. 43484 Article 6. That the friendship which is now established 43485 between the United States and the Cow Creek band of Indians 43486 shall not be interrupted by the misconduct of individuals, it is 43487 hereby-agreed that, for injuries done, no private revenge or re- 43488 taliation shall take place ; but instead thereof complaint shall be 43489 made by the party injured to the Indian agent; and it shall be 43490 the duty of the chiefs of said band of Indians, upon complaint 43491 being made as aforesaid, to deliver up the person against whom 43492 the complaint is made, to the end that he may be punished agree- 43493 ably to the laws of the United States ; and in like manner if any 43494 violation, robbery, or murder shall be committed on any Indian 43495 belonging to said band, the person so offending shall be tried, 43496 and, if found guilty, shall be punished according to the laws of 43497 the United States. And it is further agreed that the chiefs 43498 shall, to the utmost of their ability, exert themselves to recover 43499 horses or other property which has or may hereafter be stolen 43500 from any citizen of the United States by any individual of said 43501 tribe, and deliver the same to the agent or other person author- 43502 ized to receive it; and the United States hereby guarantee to 43503 any Indian or Indians of said band a full indemnification for any 43504 horses or other property which may be stolen or taken from 43505 them by any citizen of the United States, provided the property 43506 stolen cannot be recovered, and that suf^cient proof is produced 43507 that it was actually stolen or taken by a citizen of the U. S. 43508 And the chiefs further agree that upon the requisition of the 43509 President of the U. S., superintendent of Indian affairs, or In- 43510 dian agent, to deliver up any person resident among them. 43511 Article 7. It is agreed between the United States and 43512 the Cow Creek band of the Umpqua tribe of Indians that, 43513 should it at any time hereafter be considered by the United 43514 States as a proper policy to establish farms among and for the 43515 benefit of said Indians, it shall be discretionary with the Pres- 43516 ident, by and with the advice and consent of the Senate, to 43517 change the annuities herein provided for, or any part thereof, 43618 into a fund for that purpose. 43519 Article 8. This treaty shall take effect and be obliga- 43520 tory on the contracting parties as soon as the same shall be 43521 ratified by the President of the United States, by and with the 43522 advice and consent of the Senate. 43523 Proclaimed February 5, 1855. 977 43524 UMPQUAS AND CALAPOOIAS. 43525 Franklin Piekce, President of the United States of America, 43526 to all and singular to whom these presents shall come, 43527 greeting : 43528 Whereas a treaty was m ade and concl iided at Calapooia Greek , 43529 Douglas County, Oregon Territory, on the twenty-ninth day of 43530 iSTovember, one thousand eight hundred and fifty-four, by Joel 43531 Palmer, superintendent of Indian affairs, on the part of the 43532 United States, and the following-named chiefs and heads of 43533 confederated bands of the Umpqua tribe of Indians and of the 43534 Oalapooias residing in Umpqua Valley, to wit : Napesa, or Louis, 43535 head chief; Peter, or Injice ; Tas-yah, or General Jackson; 43536 Bogus ; N essick ; Bt-na-ma, or William ; Gheen-len-ten, or George ; 43537 Nas-yah, or John; Absaquil, or Chenook; Jo, and Tom; they 43538 being assembled in council with their respective bands, which 43539 treaty is in the words following, to wit : 43540 Articles of agreement and convention made and concluded at 43541 Calapooia Creek, Douglas County, Oregon Territory, this 43542 twenty-ninth day of November, one thousand eight hundred 43543 and fifty-four, by Joel Palmer, superintendent of Indian 43544 affairs, on the part of the United States, and the following- 43545 named chiefs and heads of the confederated bands of the 43546 Umpqua tribe of Indians, and of the Calapooias residing in 43547 Umpqua Yalley, to wit : ISTapesa, or Louis, head chief; Peter, 43548 or Injice; Tas-yah, or General Jackson; Bogus; Nessick; 43549 Et-na-ma, or William; Cheen-len-ten, or George; Nas-yah, 43550 or John; Absaquil, or Chenook; Jo, and Tom; they being 43551 assembled in council, with their respective bands. 43552 Aeticlb 1. The confederated bands of Umpqua and Cala- 43553 pooia Indians cede to the United States all their country included 43554 within the following limits, to wit: Commencing at the northwest 43555 corner of the country purchased of the Galeese Creek and lUinoi s 43556 Kiver Indians on the 18th day of November, 1854, and running 43557 thence east to the boundary of the Cow Creek purchase ; thence 43558 northerly along said boundary to its northeastern extremity ; 43559 thence east to the main ridge of the Cascade Mountains ; thence 43560 northerly to the main falls of the North Umpqua River; thence 43561 to Scott's. Peak, bearing easterly from the head-waters of Cala- 43562 pooia Creek ; thence northerly to the connection of the Calapooia 43563 Mountains with the Cascade range ; thence westerly along the 43564 summit of the Calapooia Mountains to a point whence a due 43565 south line would cross Umpqua Eiver at the head of tide-water ; 43566 thence on that line to the dividing ridge between the waters of 43567 Umpqua and Coose Eivers ; thence along that ridge, and the *123 I T 978 43568 divide between Coquille and Umpqua Eivers, to the western 43569 boundary of the country purchased of the Galeese Creek Indians, 43570 or of the Cow Creek Indians, as the case may be, and thence to 43571 the place of beginning ; Provided, however, That so much of the 43572 lands as are embraced within the following limits shall be held 43573 by said confederated bands, and such other bands as may be 43574 designated to reside thereupon, as an Indian reservation, to 43575 wit : Commencing at a point three miles due south of the mouth 43576 of a small creek emptying into the Umpqua Kiver, near the 43577 western boundary of John Churchell's land-claim, at the lower 43578 end of Cole's Valley ; thence north to the middle of the channel 43579 of Umpqua Eiver ; thence up said river to a point due south of 43580 the highest peak of the ridge, immediately west of Allan Hub- 43581 bard's land-claim ; thence to said peak ; thence along the summit 43582 of the ridge dividing the waters to its termination at or near 43583 the mouth of Little Canyon Creek ; thence, crossing the Umpqua 43584 Eiver in a westerly direction, to the high-lands opposite the 43585 mouth of said creek; thence following the divide until it reaches 43586 a point whence a line drawn to the place of beginning will run 43587 three miles south of the extreme southern bend in the Umpqua 435S8 Eiver between these two points; and thence to the place of 43589 beginning. And should the President at any time believe it 43590 demanded by the public good and promotive of the best interests 43591 of said Indians to be located elsewhere, the said Indians agree 43592 peaceably, and without additional expense to the Government 43593 of the United States, to remove to such reserve as may b£ 43594 selected ; provided that a delegation of three or more of the 43595 principal men of said bands selected by them shall concur with 43596 the authorized agent or agents of the United States in the selec- 43597 tion of said new reserve. And when said removal shall take 43598 place, the particular tracts then occupied by said Indians, on the 43599 reserve herein described, according to the provisions of this 43600 treaty, and those occupied by Indians of other bands that may 43601 be located thereon, shall be sold by order of the President of the 43602 United States, and the proceeds of such sales expended in per- 43603 manent improvements on the new reserve, for the use and bene- 43604 fit of the holders of said tracts respectively. 43605 Aeticle 2. The confederated bands agree that as soon 43606 after the United States shall make the necessary provision for 43607 fulfilling the stipulations of this treaty as they conveniently can, 43608 and not to exceed one year after such provision is made, they 43609 will vacate the ceded territory and remove to the lands herein 43610 reserved for them. 43611 Article 3. In consideration of and payment for the coun- 43612 try herein ceded, the United States agree to pay the said con- 43613 federated bands the several sums of money following, to wit : 979 43614 First, three thousand dollars per aimum for the term of five 43615 years, commencing on the first day of September, 1855. Second, 43616 two thousand three hundred dollars per annum for the term of 43617 five j-ears next succeeding the first five. Third, one thousand 43618 seven hundred dollars per annum for the term of five years next 43619 succeeding the second five years. Fourth, one thousand dollars 43620 per annum for the term of five years next succeeding the third five -43621 years. All of which several sums of money shall be expended for 43622 the use and benefit of the confederated bands, under the direc- 43623 tion of the President of the United States, who may from time 43624 to time, at his discretion, determine what proportion shall be 43625 expended for such beneficial objects as in his judgment will be 43626 calculated to advance them in civilization ; for their moral im- 43627 provement and education ; for buildings, opening farms, fenc- 43628 ing, breaking land, providing stock, agricultural implements, 43629 seeds, &c.; for clothing, provisions, and merchandise; for iron, 43630 steel, arms, and ammunition ; for mechanics and tools, and for 43631 medical purposes. 43632 Article 4. In order to enable the said Indians to remove 43633 to their new home, and subsist themselves for one year there- 43634 after, (and which they agree to do without further expense to 43635 the United States,) and to i^rovide for the breaking up and 43636 fencing of fifty acres of land, and the erection of buildings on 43637 the reserve, the purchase of teams, farming-utensils, tools, &c., 43638 and for other purposes necessary to their comfort and subsist- 43639 ence, they shall receive from the United States the further sum 43640 of ten thousand dollars, to be paid out and expended under the 43641 direction of the President, and in such manner as he shall 43642 approve. 43643 Aeticle 5. The President may from time to time, at his 43644 discretion, cause the whole or such j)ortion of the land hereby 43645 reserved as he may think i)roper, or of such other land as may 43646 be selected in lieu thereof, as provided for in the first article, to 43647 be surveyed into lots, and assigned to such Indian or Indians of 43648 said confederated bands as are willing to avail themselves of 43649 the privilege, and who will locate thereon as a permanent home, 43650 if a single person over twenty-one years of age, twenty acres ; 43651 to each family of two persons, forty acres ; to each family of 43652 three and not exceeding five persons, sixty acres ; to each family 43653 of six and not exceeding ten persons, eighty acres ; and to each 43654 family over ten in number, forty acres for each additional five 43655 members. And the President may provide such rules and regu- 43656 lations as will secure to the family, in case of the death of the 43657 head thereof, the possession and enjoyment of such permanent 43658 home and the improvements thereon ; and he may at any time, 43659 at his discretion, after such person or family has made location 980 43660 on the land assigned for a permanent Lome, issue a patent to 43661 such person or family for such assigned land, conditioned that 43662 the tract shall not be aliened or leased for a longer term than 43663 two years, and shall be exempt from levy, sale, or forfeiture, 43664 which conditions shall continue in force until a State constitii- 43665 tion, embracing such land within its boundaries, shall have been 43666 formed, and the legislature of the State shall remove the restric- 43667 tions. And if any such family shall at any time neglect or re- 43668 fuse to occupy or till a portion of the land assigned, and on 43669 which they have located, or shall rove from place to place, the 43670 President may, if the patent shall have been issued, revoke the 43671 same, or, if not issued, cancel the assignment, and may also 43672 withhold from such person or family their proportion of the an- 43673 nuities or other moneys due them until they shall have returned 43674 to such permanent home, and resume the persuits of industry ; 43675 and in default of their return, the tract may be declared aban- 43676 doned and thereafter assigned to some other person or family 43677 of the Indians residing on the reserve. No State legislature 43678 shall remove the restrictions herein provided for, without the 43679 consent of Congress. 43680 Akticle.6. The United States agree to erect for said In- 43681 dians a good blacksmith-shop, furnish it with tools, and keep it 43682 in repair for ten j'ears, and provide a competent blacksmith for 43683 the same period ; to erect suitable buildings for a hospital, 43684 supply medicines, and provide an experienced physician for fifteen 43685 years ; to provide a competent farmer to instruct the Indians in 43686 agriculture for ten years; and to erect a school-house, and pro- 43687 vide books, stationery, and a properly qualified teacher for 43688 twenty years. 43689 Article 7. The annuities of the Indians shall not be taken 43690 to pay the debts of individuals. 43691 Article 8. The said confederated bands acknowledge their 43592 dependence on the Government of the United States, and promise 43693 to be friendly with all the citizens thereof, and pledge themselves 43694 to commit no depredations on the property of such citizens. 43695 And should any one or more of the Indians violate this pledge, 43696 and the fact be satisfactorily proven before the agent, the prop- 43697 erty taken shall be returned, or in default thereof, or if injured 43698 or destroyed, compensation may be made by the Government 43699 out of their annuities. Nor will they make war on any other tribe, 43700 except in self-defence, but will submit all matters of diiference 43701 between them and other Indians to the Government of the 43702 United States or its agent for decision, and abide thereby. And 43703 if any of the said Indians commit any depredations on any other 43704 Indians, the same rule shall prevail as that prescribed in this 43705 article in case of any depredations against citizens. Said In- 981 43706 dians further engage to submit to aud observe all laws, rules, 43707 and regulations which may be prescribed by the United States 43708 for the government of said Indians. 43709 Aktiole 9. It is hereby provided, in order to prevent the 43710 evils of intemperance among said Indian?, that any one of them 43711 who shall be guilty of bringing liquor into their reserve, or shall 43712 drink liquor, may have' bis or her proportion of the annuities 43713 withheld from him on her for such time as the President may 43714 determine. 43715 Article 10. Tlie said confederate bands agree that all the 43716 necessary roads, highways, and railroads which may be con- 43717 structedjas the country improves, the lines of which may run 43718 through the reservation of said Indians, shall have the right of 43719 way therein, a just compensation being made therefor. 43720 Aeticle 11. The merchandise distributed to the members 43721 of the said confederate bands at the negotiation of this treaty 43722 shall be considered as in part payment of the annuities herein 43723 provided 43724 Article 12. This treaty shall be obligatory on the con- 43725 tracting parties as soon as the same shall be ratified by the 43726 President and Senate of the United States. 43727 Proclaimed March 30, 1855. 43728 UTBS. 43729 Treaty hehceen ike United States of America and the Tabeguache, 43730 Miiaclw, Capote, Weeminuclie, Yampa, Grand River, and JJin- 43731 tah bands of TJte Indians, concluded March 2, 1868 ; ratifica- 43732 tion advised, with amendment, July 25, 1868 ; amendment ac- 43733 ceped August 15, September 1, 14, 24, and 25, 1868. 43734 Andrew Johnson, President of the United States of America, 43735 to all and singular to whom these presents shall come, greet- 43736 ing: 43737 Whereas a treaty was made aud concluded at the city of 43738 Washington, in the District of Columbia, on the second day of 43739 March, in the year of our Lord one thousand eight hundred 43740 and sixty-eight, by and between Nathaniel G. Taylor, Alexan- 43741 der C. Hunt, and Kit Carson, commissioners on the part of the 43742 United States, and U-T(5, Ka-ni-ache, An-ka-tosh, Jose-Maria, 43743 Ni-ca-a-gat, Guero, Pa ant, Pi-ah, Su-vi-ap, aud Pa-bu-sat, rep- 43744 resentatives of the Tabeguache, Muache, Capote, Weeminuche, 43745 Yampa, Grand Eiver, and Uintah bauds of Ute Indians, on the 982 43746 part of said Indians, and duly authorizied thereto by them, 43747 -which treaty is in the words and figures following, to wit: 43748 Articles of a treaty and agreement made and entered into at 43749 Washington City, D. C, on the second day of March, one 43750 thousand eight hundred aud sixty-eight, by and between 43751 Nathaniel G. Taylor, Commissioner of Indian Affairs, Alex. 43752 ander C. Hunt, governor of Colorado Territory and ex-of6- 43753 cio superintendent of Indian affairs, and Kit Carson, duly 43754 authorized to represent the United States, of the one part, 43755 and the representatives of the Tabag'uache, Muache, Ca. 43756 pote, Weeminuche, Yampa, Grand Eiver, and Uintah bands 43757 of Ute Indians, (whose names are hereto subscribed,) duly 43758 authorized and empowered to act for the body of the people 43759 of said bands, of the other part, witness : 43760 Article 1. All the provisions of the treaty concluded with 43761 the Tabe^^uache band of Utah Indians October seventh, one 43762 thousand eight hundred and sixty-three, as amended by the 43763 Senate of the United States and proclaimed December four- 43764 teenth, one thousand eight hundred and sixty-four, which are 43765 not inconsistent with the provisions of this treaty as hereinafter 43766 provided, are hereby re-affirmed and declared to be applicable 43767 and to continue in force as well to the other bands respectively, 43768 parties to this treaty, as to the Tabeguache band of Utah lu- 43769 dians. 43770 Article 2. The United States agree that the following dis- 43771 trict of country, to wit : Commencing at that point on the south- 43772 ern boundary-line of the Territory of Colorado where the meri- 43773 dian of longitude 107° west from Greenwich crosses the same; 43774 running thence north with said meridian to a point fifteen miles 43775 due north of where said meridian intersects the fortieth parallel 43776 of north latitude; thence due west to the western boundary- 43777 line of said Territory; thence south with said western bound- 43778 ary-line of said Territory to the southern boundary-line of 43779 said Territory; thence east with said southern boundary-line 43780 to the place of beginning, shall be, and the same is hereby, set 43781 apart for the absolute and undisturbed use and occupation of 43782 the Indians herein named, and for such other friendlj'' tribes or 43783 individual Indians as, from time to time, they may be willing, 43784 with the consent of the United States, to admit among them ; 43785 and the United States now solemnly agree that no persons, ex- 43786 cept those herein authorized so to do, and except such officers, 43787 agents, and employes of the Government as may be authorized 43788 to enter upon Indian reservations in discharge of duties enjoined 43789 by law, shall ever be permitted to pass over, settle upon, or re- 43790 side in the Territory described in this article, except as herein 43791 otherwise provided. 983 43792 Article 3. It is further agreed by the Indians, parties 43793 hereto, that henceforth they will and do hereby relinquish all 43794 claims and rights in and to any portion of the United States or 43795 Territories, except such as are embraced in the limits defined in 43796 the preceding article. 43797 Article 4. The United States agree to establish two 43798 agencies on the reservation provided for in article two, one for 43799 the Grand Eiver, Tampa, and Uintah bands, on White Eiver, 43800 and the other for the Tabeguache, Muache, Weeminuche, and 43801 Capote bands, on the Eio de los Pinos, on the reservation, and at 43802 its own proper expense to construct at each of said agencies a 43803 warehouse, or store-room, for the use of the agent in storing 43804 goods belonging to the Indians, to cost not exceeding fifteen 43805 hundred dollars j an agency-building for the residence of the 43906 agen t, to cost not exceeding three thousand dollars ; and four 43807 other buildings for a carpenter, farmer, blacksmith, and miller- 43808 each to cost not exceeding two thousand dollars; also a school, 43809 house or mission-building, so soon as a sufficient number of 43810 children can be induced by the agent to attend school, which 43811 shall not cost exceeding five thousand dollars. 43812 The United States agree further to cause to be erected on 43813 said reservation, and near to each agency herein authorized, 43814 respectively, a good water-power saw-mill, with a grist-mill and 43815 a shingle-machine attached, the same to cost not exceeding eight 43816 thousand dollars each ; Provided, The same shall not be erected 43817 until such time as the Secretary of the Interior may think it 43818 necessary to the wants of the Indians. 43819 Article 5. The United States agree that the agents for 43820 said Indians, in ^he future, shall make their homes at the agency- 43821 buildings; that they shall reside among the Indians and keep 43822 an office open at all times for the purpose of prompt and diligent 43823 inquiry into such matters of complaint by and against the lu- 43824 dians as may be presented for investigation under the provis- 43825 ions of their treaty stipulations, as also for the faithful discharge 43826 of other duties enjoined on them by law. In all cases of depre- 43827 dation on person or property they shall cause the evidence to 43828 be taken in writing and forwarded, together with their finding, 43829 to the Commissioner of Indian Afl'airs, whose decision, subject 43830 to the revision of the Secretary of the Interior, shall be binding 43831 on the parties to this treaty. 43832 Article 6. If bad men among the whites or among other 43833 people, subject to the authority of the United States, shall com- 43834 mit any wrong upon the person or property of the Indians, the 43835 United States will, upon proof made to the agent and forwarded 43836 to the Commissioner of Indian Affairs at Washington City, pro- 43837 ceed at once to cause the offender to be arrested and punished 984 43838 according to the laws of the United States, and also re-imburse 43839 the injured person for the loss sustained. If bad men among the 43840 Indians shall commit a wrong or depredation upon the person or 43841 property of any one, white, black, or Indian, subject to the au- 43842 thority of the iTnited States and at peace therewith, the tribes 43843 herein named solemnly agree that they will, on proof made to 43844 their agent and notice to him, deliver up the wrong-doer to the 43845 United States, to be tried and punished according to its laws, 43846 and in case they wilfully refuse so to do, the person injured shall 43847 be re-imbursed for his loss from the annuities or other moneys 43848 due or to become due to them under this or other treaties made 43849 with the United States. 43850 Article 7. If any individual belonging to said tribe of In- 43851 dians or legally incorporated with them, being the head of a 43852 family, shall d#sire to commence farming, he shall have the 43853 privilege to select, in the presence and with the assistance of the 43854 agent then in charge, by metes and bonds, a tract of land within 43855 said reservation not exceeding one hundred and sixty acres in 43856 extent, which tract, when so selected, certified, and recorded in 43857 the land-book, as herein directed, shall cease to be held in com- 43858 mon, but the same may be occupied and held in exclusive pos- 43859 session of the person selecting it and his family so long as he or 43860 they may continue to cultivate it. Any person over eighteen 43861 years of age, not being the head of a family may, in like mau- 43862 ner, select and cause to be certified to him or her, for purposes 43863 of cultivation, a quantity of land not exceeding eighty acres in 43864 extent, and thereupon be entitled to the exclusive possession of 43865 the same as above directed. 43866 For each tract of laud so selected a certificate containing a 43867 description thereofj and the name of the person selecting it, 43868 with a certificate endorsed thereon that the same has been re- 43869 corded, shall be delivered to the party entitled to it, by the 43870 agent, after the same shall have been recorded by him in a book 43871 to be kept in his office, subject to inspection, which said book 43872 shall be known as the " Ute Land-Book." 43873 The President may at any time order a survey of the reser- 43874 vation; and, when so surveyed. Congress shall provide for pro- 43875 tecting the rights of such Indian settlers in their improvements, 43876 and may fix the character of the title held by each. 43877 The United States may pass such laws on the subject of 43878 alienation and descent of property, and on all subjects con- 43879 nected with the government of the Indians on said reservation 43880 and the internal police thereof, as may be thought proper. 43881 Article 8. In order to insure the civilization of the bands 43882 entering into this treaty, the necessity of education is admitted, 43883 especially by such of them as are or may be engaged in either. 985 43884 pastoral, agricultural, or other peaceful pursuits of civilized life 43885 oa said reserv^ation, and they therefore pledge themselves to 43886 induce their children, male and female, between the age[s] of 43H87 seven and eighteen years, to attend school; and it is hereby made 43888 the duty of the agent for said Indians to see that this stip- 43889 nlation is complied with to the greatest possible extent; and 43890 the United States agree that for every thirty children between 43891 said ages who can be induced to attend school a house shall bo 4389a provided, and a teacher competent to teach the elementary 43893 branches of an English education shall be furnished, who will 43894 reside among said Indians, and faithfully discharge his or her 43895 duties as teacher, the provisions of this article to continue for 43896 not less than twenty years. 43897 Article 9. When the head of a family or lodge shall have 43898 selected lands, and received his certificate as above described, 43899 and the agent shall be satisfied that he intends, in good faith, 43900 to commence cultivating the soil for a living, he shall be enti- 43901 tied to receive seeds and agricultural implements for the first 43902 year, not exceeding in value one hundred dollars, and for each 43903 succeeding year he shall continue to farm, for a period of three 43904 years more, he shall be entitled to receive seeds and implements 43905 as aforesaid, not exceeding in value fifty dollars ; and it is further 43906 stipulated that such persons as commence farming shall receive 43907 instructions from the farmer herein provided for; and it is 43908 further stipulated that an additional blacksmith to the one pro- 43909 vided for in the treaty of October seventh, one thousand eight 43910 hundred and sixty-three, referred to in article one of this treaty, 43911 shall be provided with such iron, steel, and other material as 43912 may' be needed for the Uintah, Yampa, and Grand River 43913 agency. 43914 Article 10. At any time after ten years from the making 43915 of this treaty, the United States shall have the privilege of with- . 43916 drawing the farmers, blacksmiths, carpenters, and millers herein, 43917 and in the treaty of October seventh, one thousand eight hun- 43918 dred and sixty-three, referred to in article one of this treaty, 43919 provided for, but in case of such withdrawal, an additional sum 43920 thereafter of ten thousand dollars per annum shall be devoted 43921 to the education of said Indians, and the Commissioner of In- 43922 dian Affairs shall, upon careful inquiry into their condition, 439 3 make such rules and regulations, subject to the approval of the 43924 Secretary of the Interior, for the expenditure of said sum as will 43925 best promote the educational and moral improvement of said 43926 Indians. 43927 Article 11. That a sum sutficient, in the discretion of 43928 Congress, for the absolute wants of said Indians, but not to 43929 exceed thirty thousand dollars per annum, for thirty years, shall * 124 I T 986 43930 be expended, under the (Jirection of the Secretary of the Interior, 43931 for clothing, blankets, and such other articles of utility as he 43932 may tliink proper and necessary upon full official reports of the 43933 condition and wants of said Indians. 43934 Article 12. That an additional sum sufScient, in the dis- 43935 cretion of Congress, (but not to exceed thirty thousand dollars 43936 per annum,) to supply the wants of said Indians for food, shall 43937 be annually expended, under the direction of the Secretary of 43938 the Interior, in supplying said Indians with beef, mutton, wheat, 43939 flour, beans, and potatoes until such time as said Indians shall 43940 be found to be capable of sustaining themselves. 43941 Article 13. That for the purpose of inducing said Indians 43942 to Mdopt habits of civilized life and become self-sustaining, the 43943 sum of forty-flve thousand dollars, for the first year, shall be 43944 expended, under the direction of the Secretary of the Interior, 43945 in providing each lodge or head of a family in said confederated 43946 bands with one gentle American cow, as distinguished from 43947 the ordinary Mexican or Texas breed, and five head of sheep. 43948 Article 14. The said confederated bands agree that 43949 whensoever, in the opinion of the President of the United 43950 States, the public interest may require it, that all roads, high- 43951 ways, and railroads, authorized by law, shall have the right of 43952 way through the reservations herein designated. 43953 Article 15. The United States hereby agree to furnish 43954 the Indians the teachers, carpenteVs, millers, farmers, and 43955 blacksmiths, as herein contemplated, and that such appropria- 43956 tions shall be made from time to time, on the estimates of the 43957 Secretary of the Interior, as will be sufficient to employ such 43958 persons. 43959 Article 16. No treaty for the cessiou of any portion or 43960 part of the reservation herein described, which may be held in 43961 common , shall be of any validity or force as against the said 43962 Indians, unless executed and signed by at least three-fourths of 43963 all the adult male Indians occupying or interested in the same; 43964 and no cession by the tribe shall be understood or construed in 43965 such manner as to deprive, without his consent, any individual 43966 member of the tribe of his right to any tract of land selected 43967 by him, as provided in article seven of this treaty. 43968 Article 17. All appropriations now made, or to be here- 43969 after made, as well as goods nnd stock due these Indians under 43970 existing treaties, shall apply as if this treaty had not been made, 43971 and be divided proportionately among the seven bands named 43972 in this treaty, as also shall all annuities and allowances hereafter 43973 to be made: Prw*(Ze(^, That if any chief of either of the confederated 43974 bands make war against the people of the United States, or in 43975 any manner violate this treaty in any essential part, said chief 987 43976 shall forfeit his position as chief and all rights to any o£ the 43977 benefits of this treaty: But provided further, Any Indian of 43978 either of these confederated bands who shall remain at peace, 43979 and abide by the terms of this treaty in all its essentials, shall 43980 be entitled to its benefits and provisions notwithstanding his 43981 particular chief and band may have forfeited their rights 43982 thereto. 43983 Proclaimed November 6, 1868. 43984 WALLA- WALLAS, (JAYUSES, ETC. 43985 Treaty between the United States and the Walla- Walla, Cayuses, 43986 and Umatilla tribes and bands of Indians in Washington and 43987 Oregon Territories, concluded at Camp Stevens, in the Walla- 43988 Walla Valley, Washington Territory, June 9, 1855; ratified 43989 by the Senate, March 8, 1859. 43990 James Buchanan, President of the United States of America, 43991 to all and singular to whom these presents shall come, greet- 43992 ing : 43993 Whereas a treaty was made and concluded at the treaty- 43994 ground. Camp Stevens, in the Walla- Walla Valley, ou the ninth 43995 day of June, one thousand eight hundred and fifty-five, between 43996 Isaac I. Stevens, governor and superintendent of Indian affairs 43997 for the Territory of Washington, and Joel Palmer, superintend- 43998 ent of Indian affairs for Oregon Territory, on the part of the 43999 United States, and the hereinafter-named, chiefs, head-men, and 44000 delegates of the Walla- Walla, Cayuses, and Umatilla tribes and 44001 bands of Indians occupying lands partly in Washington and 44002 partly in Oregon Territory, they being duly authorized thereto 44003 by said tribes and bands ; which treaty is in the following words 44004 and figures, to wit : 44005 Articles of agreement and convention made and concluded at 44006 the treaty-ground. Camp Stevens, in the Walla- Walla Val- 44007 ley, this ninth day of June, in the year one thousand eight 44008 hundred and fifty-five, by and between Isaac I. Stevens, 44009 governor and superintendent of Indian affairs for the Ter- 44010 ritory of Washington, and Joel Palmer, superintendent of 44011 Indian affairs for Oregon Territory, on the part of the United 44012 States, and the undersigned chiefs, head-men, and delegates 44013 of the. Walla- Wallas, Cayuses, and Umatilla tribes and 44014 bands of Indians occupying lands partly in Washington and 44015 partly in Oregon Territories, and who, for the purposes of 44016 this treaty, are to be regarded as one nation acting for and 988 MOIZ in behalf ot their respective bauds and tribes, tbey being 44018 dulj' authorized thereto; it being understood that Superin- 44019 teudeut I. I. Stevens assumes to treat with that portion of 44020 the above-named bands and tribes residing within the Ter- 44021 ritory of Washington, and Superintendent Palmer with those 44022 residing within Oregon. 44023 Article 1. The above-named confederated bandsof Indians 44024 cede to the United States all their right, title, and claim to all 44025 and every part of the country claimed by them included in the 4402(5 following boundaries, to wit: Commencing at the mouth of the 44027 Tocannon Eiver in Washington Territory, running thence up 44028 said river to its source ; thence easterly along the summit of the 44029 Blue Mountains, and on the southern boundaries of the pur- 44030 chase made of the Nez Perces Indians, iind easterly along that 44031 boundary to the western limits of the country claimed by the 44032 Shoshonees or Snake Indians; thence southerly along that 44033 boundary (being the waters of Powder Eiver) to the source of 44034 Powder Eiver; thence to the head-waters of Willow Creek; 44035 thence down Willow Creek to the Columbia Eiver; thence up 44036 the channel of the Columbia Eiver to the- lower end of a large 44037 island below the mouth of Umatilla Eiver; thence northerly to 44038 a point on the Yakama Eiver called Tomahluke; thence to Le 44039 Lac; tlience to the White Banks on the Columbia below Priest's 44040 Eapids; thence down the Columbia Eiver to the junction of the 44041 Columbia ana Snake Elvers; thence up the Snake Eiver to the 44042 placeof beginning : Provided, hoioever, Thatso much of the country 44043 described above as is contained in the following boundaries shall 44044 be set apart as a residence for said Indians, which tract for the pur- 44045 poses contemplated shall be held and re garded as an Indian re- 44046 servation, to wit: Commencing in the middle of the channel of 44047 Umatilla Eiver opposite the mouth of Wild Horse Creek; thence 44048 up the middle of the channel of said creek to its source; thence 44049 southerly toapointin theBIueMountainsknownasLee'sEncamp- 44050 meut; thence in a line to the head- waters of Howtome Creek; 44051 thence west to the divide between Howtome and Birch Creeks . 44052 thence northerly along said divide to a point due west of the 44053 southwest corner of William C. McKay's land-claim ; thence 44054 east along his line to his southeast corner ; thence in a line to the 44055 place of beginning; all of which tract shall be set apart and, so 44056 far as necessary, surveyed and marked out for their exclusive 44057 use ; nor shall any white person be permitted to reside upon the 44058 same without permission of the agent and suijerintendent. The 44059 said tribes and bauds agree to remove to and settle upon the 44060 same within one year aft er the ratification of this treaty, with- 44061 out any additional expen se to the Government other than is pro- 44062 vided by this treaty, and until the expir ation of the time speci- 989 44063 fled the said bands shall be permitted to occupy and reside upon 44064 the tracts now possessed by them, guaranteeing to all citizen[s] 44065 of the United States the right to enter upon and occupy as set- 44066 tiers any lands not actually enclosed by said Indians: Provided, 44067 also, That th e exclusive right of taking fish in the streams run- 44068 ning through and bordering said reservation is hereby secured 44069 to said India ns, and at all other usual and accustomed stations in 44070 common with citiz ens of the United States, and of erecting suit- 44071 able buildings for curing the same; the privilege of hunting, 44072 gathering roots and berries, and pasturing their stock on un- 44073 claimed lands in common with citizens is also secured to them : 44074 And provided also, That if any band or bands of Indians resid- 44075 iug in and claiming any portion or portions of the country de- 44076 scribed in this article shall not accede to the terms of this treaty, 44077 then the bands becom ing parties hereunto agree to reserve such 44078 part of the several and other payments herein named as a con- 44079 sideratiou for the entire country described as aforesaid as shall 44080 be in the proporti on that their aggregate number may have to 44081 the wholenumber of Indians residing in and claiming the entire 44082 country aforesaid, as consideration and payment in full for the 44083 tracts in said country claimed by them : And provided also, 44084 That when substantial improvements have been made by any 44086 member of th e bands being parties to this treaty, who are 44086 compelled to abandon them in consequence of said treaty, [they] 44087 shall be valued under the direction of the President of the United 44088 States and payment made therefor. 44089 Aetiole 2. In consideration of and payment for the coun- 44090 try hereby ceded, the United States agree to pay the bands and 44091 tribes of Indians claiming territory and residing in said coun- 44092 try, and who remove to and reside upon said reservation, the 44093 several sums of money following, to wit : eight thousand dollars 44094 per annum for the term of five years, commencing on the first 41095 day of September, 1856; six thousand dollars per annum for 44096 the term of five years next succeeding the first five ; four thou- 44097 sand dollars per aunnm for the term of five years next succeed- 44098 ing the second five, and two thousand dollars per annum for 44099 the term of five years next succeeding the third five ; all of 44100 which several sums of money shall be expended for the use 44101 and benefit of the confederated bands herein named, under the 44102 direction of the President of the United States, who may from 44103 time to time, at his discretion, determine what proportion thereof 44104 shall be expended for such objects as iu his judgment will pro- 44105 mote their well-being, and advance them in civilization, for their 44106 moral improvement and education, for buildings, opening and 44107 fencing farms, breaking land, purchasing teams, wagons, agri- 44108 cultural implements and seeds, for clothing, provision, and tools. 990 44109 for medical purposes, providing mechanics and farmers, and for 44110 arms and ammunition. 44111 Aeticle 3. In addition to the articles advanced the In- 44112 dians at the time of signing this treaty, the United States agree 44113 to expend the sum of fifty thousand dollars during the first and 44114 second years after its ratification, for the erection of buildings 44115 on the reservation, fencing and opening farms, for the purchase 44116 of teams, farming implements, clothing, and provisions, for 44117 medicines and tools, for the payment of employes, and for sub- 44118 sisting the Indians the first year after their removal. 44119 Article 4. In addition to the consideration above speci- 44120 fied, the United States agree to erect, at suitable points on the 44121 reservation, one saw-mill and one-flouring-mill, a building suita- 44122 ble for a hospital, two school-houses, one blacksmith-shop, one 44123 building for wagon and plough maker, and one carpenter and 44124 joiner shop, one dwelling for each, two millers, one farmer, one 44125 superintendent of farming operations, two school-teachers, one 44126 blacksmith, one wagon and plough maker, one carpenter and 44127 joiner, to each of which the necessary out-buildings; to pur- 44128 chase and keep in repair for the term of twenty years all neces- 44129 sary mill fixtures and mechanical tools, medicines and hospital 44130 stores, books and stationery for schools, and furniture for em- 44131 ploy^s. The United States further engage to secure and pay for 44132 the services and subsistence, for the term of twenty years, [of] one 44133 supeiin ten dent of farming operations, one farmer, one black- 44134 smith, one wagon and plough maker, one carpenter and joiner, 44135 one physician, and two school-teachers. 44136 Article 5. The United States further engage to build for 44137 the head chiefs of the Walla- Walla, Oayuse, and Umatilla bands 44138 each one dwelling-house, and to plough and fence ten acres of 44139 land for each, and to pay to each five hundred dollars per an 44140 num in cash for the term of twenty years; the first payment 44141 to the Walla- Walla chief to commence upon the signing of this 44142 treaty. To give to the Walla- Walla chief three yoke of oxen, 44143 three yokes and four chains, one wagon, two ploughs, twelve 44144 hoes, twelve axes, two shovels, and one saddle and bridle, one 44145 set of wagon-harness, and one set of plough-harness, within 44146 three months after the signing of this treaty. To build for 44147 the son of Pio-pio-mox-mox one dwelling-house, and plough and 44148 fence five acres of land, and to give him a salary for twenty 44149 years, one hundred dollars in cash per anmim, commencing 44150 September first, eighteen hundred and fifty-six. The im- 44151 provement named in this section to be completed as soon 44152 after the ratification of this treaty as possible. It is further 44153 stipulated that Pio-pio-mox-mox is secured for the term of 44154 five years the right to build and occupy a house at or near 991 44155 the mouth of Yakama River, to be used as a trading-post 44156 ill the sale of his bands of wild cattle ranging in that dis- 44157 trict: And provided also, That in consequence of the immigrant 44158 wagon-road Irom Grand Round to Umatilla passing through the 44159 reservation herein specified, thus leading to turmoils and dis- 44160 putes between Indians and immigrants, and as it is known that a 44161 more desirable and practicable route may be had to the south of 44162 the present road, that a sum not exceeding ten thousand dollars 44163 shall be expended in locating and opening a wagon-road from 44164 Powder River or Grand Round, so as to reach the plain at the 44165 western base of the Blue Mountains, south of the southern limits 44166 of said reservation. 44167 Article 6. The President may from time to time, at his 44168 discretion, cause the whole, or such portion as he may think proper, 44169 of the tract that may now or hereafter be set apart as a perma- 44170 nent home for those Indians, to be surveyed into lots and as- 44171 signed to such Indians of tiie confederated bands as may wish 44172 to enjoy the privilege, and locate thereon permanently, to a 44173 single person over twenty-one years of age, forty acres ; to a 44174 family of two persons, sixty acres; to a family of three and not 44175 exceeding five, eighty acres; to a family of six persons and not 44176 exceeding ten, one hundred and twenty acres ; and to each family 44177 over ten in number, twenty acres to each additional three mem- 44178 bers; and the President may provide for such rules and regula- 44179 tions as will secure to the family in case of the death of the head 44180 thereof the possession and enjoyment of such permanent home 44181 and improvement thereon ; and he may at any time, at his dis- 44182 cretion, after such person or family has made location on the 44183 land assigned as a permanent home, issue a patent to sucii per- 44184 son or family for such assigned laud, conditioned that the tract 44185 shall not be aliened or leased for a longer term than two years, 44186 and shall be exempt from levy, sale, or forfeiture, which condi- 44187 tion shall continue in force until a State constitution, embracing 44188 such land within its limits, shall have been formed and the legis- 44189 latnre of the State shall remove tlie restriction : Provided, 44190 however, That no State legislature shall remove the restriction 44191 herein provided for without the consent of Congress: And pro- 44192 vided also, That if any person or family shall at auy time neg- 44193 lect or refuse to occupy or till a portion of the land assigned and 44194 on which they have located, or shall roam from place to place, 44195 indicating a desire to abandon his home, the President may, if 44196 the patent shall have been issued, cancel the assignment, and 44197 .may also withhold from such person or family their portion of 44198 the annuities or other money due them uutil they shall have 44199 returned to such permanent home and resumed the pursuits of 44200 industry ; and in default of their return the tract may be declared 992 44201 abandoned, and thereafter assigned to some other person or 44202 family of Indians residing on said reservation: And provided 44203 also, That the head chiefs of tlie three principal bands, to wit, 44204 Pio-pio-mox-mox, Weyatenateniany, and Wenap-snoat, shall be 44205 secured in a tract of at least one hundred and sixty acres of 44206 laud. 44207 At?,tj[Clb 7. The annuities of the Indians shall not be taken 44208 to pay the debts of individuals. 44209 Akticle 8. The confederated bands acknowledge their de- 44210 pendence on the Government of the United States, and i)romise 44211 to be friendly with all the citizens thereof, and pledge themselves 44212 to commit no depredation on the property of such citizens-, and 44213 should any one or more of the Indians violate this pledge, and 44214 the fact be satisfactorily proven before the agent, the property 44215 taken shall be returned, or in default thereof, or if injured, or 44216 destroyed, compensation may be made by the Government out 44217 of their annuities; nor will they make war on any other tribe of 44218 Indians except in self-defense, but submit all matter of differ- 44219 ence between them and other Indians to the Government of the 44220 United States or its agents for decision, and abide thereby ; and 44221 if any of the said Indians commit any depredations on other In- 44222 dians, the same rule shall prevail as that prescribed in the 44223 article in case of depredations against citizens. Said Indians 44224 further engage to submit to and observe all laws, rules, and 44225 regulations which may be prescribed by the United States for 44226 the government of said Indians. 44227 Article 9. In order to prevent the evils of intemperance 44228 among said Indians it is hereby provided that if any one of 44229 them shall drink liquor, or procure it for others to drink, [such 44230 one] may have his or her proportion of the annuities withheld 44231 from him or her for such time as the President may determine. 44232 Article 10. The said confederated bands agree that, when- 44233 ever in the opinion of the President of the United States the 44234 public interest may require it, that all roads, highways, and rail- 44235 roads shall have the right of way through the reservation herein 44236 designated, or which may at any time hereafter be set apart as 44237 a reservation for said Indians. 44238 Article 11. This treaty shall be obligatory on the con- 44239 tracting parties as soon as the same shall be ratified by the 44240 President and Senate of the United States. 44241 Proclaimed April 11, 1859. 993 44243 WEAS. 44243 Articles of a treaty made and concluded at St. Mary^s between the 44244 United States of America, by tlieir commissioners, Jonathan 44245 Jennings, Lewis Cass, and Benjamin Parle, and the Wea tribe 44246 of Indians. 44247 Article 1. The said Wea tribe of Indians agree to cede 44248 to the United States all the lands claimed and owned by the 44249 said tribe within the limits of the States of Indiana, Ohio, and 44250 Illinois. 44251 Article 2. The said Wea tribe of Indians reserve to them 44252 selves the following-described tract of land, viz: Beginning at 44253 the mouth of Raccoon Creek; thence, by the present boundary- 44254 line, seven miles; thence northeasterly seven miles to a point 44255 seven miles from the Wabash Eiver; thence to the Wabash 44256 River by a line parallel to the present bonndary-line aforesaid ; 44257 and thence by the Wabash Eiver to the place of beginning: 44258 to be holden by the said tribe as Indian reservations are usually 44259 held. 44260 Article 3. The United States agree to grant to Christmas 44261 Dageny and Mary Shields, formerly Mary Dageny, children of 44262 Mechinquamesha, sister of Jacco, a chief of the said tribe, and 44263 their heirs, one section of land each; but the land hereby 44264 granted shall not be conveyed or transferred to any person or 44265 persons by the grantees aforesaid, or their heirs, or either of 44266 them, but with the consent of the President of the United 44267 States. 44268 Article 4. The said Wea tribe of Indians accede to and 44269 sanction the cession of land made by the Kickapoo tribe of In- 44270 dians in the second article of a treaty conclnded between the 44271 United States and the said Kickapoo tribe on the ninth day of 44272 December, one thousand eight hundred and nine, (proclaimed 44273 March 8, 1810; see page 436.) 44274 Article 5. In consideration of the cession made in the 44275 foregoing articles of this treaty, the United States agree to pay 44276 to the said Wea tribe of Indians one thousand eight hundred 44277 and fiftj' dollars annually in addition to the sum of one thou- 44278 sand one hundred and fifty dollars, (the amount of their former 44279 annuity',) making a sum total of three thousand dollars; to be 44280 paid in silver by the United States annually to the said tribe, 44281 on the reservation described by the second article of this 44282 treaty. 44283 Proclaimed January 7, 1819. *125 I t 994 44284 A treaty made and concluded by Benjamin Parlce, a commissioner 44285 for that purpose on the part of the United States, of the one 44286 part, and the chiefs, warriors, and head-men of the Wea tribe 44287 of ^dians, of the other part. 44288 Article 1. The chiefs, warriors, and head-men of the said 44289 tribe agree to cede, and they do hereby cede and relinquish, to 44290 the United States all the land reserved by the second article of 44291 the treaty between the United States and the said tribe con- 44292 eluded at Saint Mary's on the second day of October, eighteen 44293 hundred and eighteen, (preceding treaty.) 44294 Aetiole 2. The sum of five thousand dollars in money 44295 and goods which is now paid and delivered by the United States, 44296 the receipt wherof the chiefs, warriors, and head-men of the 44297 said tribe do hereby acknowledge, is considered by the parties 44298 a lull compensation for the cession and relinquishment above 44299 mentioned . 44300 Article 3. As it is contemplated by the said tribe to re- 44301 move from the Wabash, it is agreed that the annuity secured to 44302 the Weas by the treaty of Saint Mary's above mentioned shall 44303 hereafter be paid to them at Kasliaskia, iu the State of Illinois. 44304 Article 4. This treaty, as feoon as it is ratified by the 44305 President and Senate of the United States, to be binding on the 44306 contracting parties. 44307 Proclaimed January 8, 1821. 44308 A convention entered into at Vincennes, in the Indiana Territory, 44309 between William Henry Harrison, commissioner plenpotentiary 44310 of the United States for treating with the Indian tribes north- 44311 west of the Ohio, and the Wea tribe. 41312 The said tribe, by their sachems and head-warriors, hereby 44313 declare their full and free consent to the treaty concluded at 44314 Fore Wayne, on the thirtieth ultimo, by the above-mentioned 44315 commissioner, with the Delaware, Miami, Putawatimie, and Eel 44316 Eiver tribes ; and also to the separate article entered into on 44317 the same day with the JMiami and Eel Eiver tribes.- And the 44318 said commissioner, on the part of the United States, agrees to 44319 allow the said Indian tribe an additional annuity of three hun- 44320 dred dollars, and a present sum of fifteen hundred dollars, in 44321 consideration of the relinquishment made in the first article of 44322 said treaty j and a further permanent annuity of one hundred 44323 dollars as soon as the Kickapoos can be brought to give their 44324 consent to the ninth article of said treaty. 44325 Proclaimed January 25, 1810, 995 44320 WINNEBAGOS. 44327 A treaty of peace and friendship made and concluded between Will- 44328 iam Clarlc, Ninian Edwards, and Auguste Chouteau, commis- 44329 sioners plenipotentiary of the United States of America, on the 44330 ijart and behalf of the said States, of the one part, and the un- 44331 der signed chiefs and warriors of that portion of the Winnebago 44332 tribe or nation residing on the Ouisconsin River, of the other 44333 part. 44334 Whereas the undersigaed chiefs and warriors, as well as 44335 that portion of the nation which they represent, have separated 44336 themselves from the rest of their nation, and reside in a village 44337 on the Ouisconsin Eiver, and are desirous of returning to a state 44338 of friendly relations with the United States, the parties hereto 44339 have agreed to the following articles : 44340 Aeticle 1. Every injury or act of hostility committed by 44341 one or either of the contracting parties against the other shall 44342 be mutually forgiven find forgot ; and all the friendly relations 44343 that existed between them before the late war shall be, and the 44344 same are hereby, renewed. 44345 Akticle 2. The undersigned chiefs and warriors, for them- 44346 selves and those they represent, do, by these presents, confirm 44347 to the United States all and every cession of land heretofore 44348 made by their nation to the British, French, or Spanish govern- 44349 ment within the limits of the United States or their territories ; 44350 and also all and every treaty, contract, and agreement hereto- 44351 fore concluded between the United States and the said tribe or 44352 nation, as far as their interest in the same extends. 44353 Article 3. The undersigned chiefs and warriors as afore- 44354 said, for themselves and those they represent, do hereby ac- 44355 knowledge themselves to be under the protection of the United 44356 States, and of no other nation, power, or sovereign whatsoever. 44357 Article 4. The aforesaid chiefs and warriors, for them- 44358 selves and those they represent, do further promise to remain 44359 distinct and separate from the rest of their tribe or nation, 44360 giving them no aid or assistance whatever, until peace shall 44361 also be concluded between the United States and the said tribe 44362 or nation. 44363 Article 5. The contracting parties do hereby agree, 44364 promise, and •oblige themselves, reciprocally, to deliver up all 44365 prisoners now in their hands (by what means soever the same 44366 may have come into their possession) to the officer commanding 44367 at Prairie du Chien, to be by him restored to the respective 44368 parties hereto, as soon as it may be practicable. 44369 Proclaimed January 30, 1816. 996 44370 Articles of a treaty made and concluded at the Village of Prairie du 44371 Chien, Michigan Territory, on this first-day of August, in the 44372 year one thousand eight hundred and twenty-nine, between the 44373 United States of America, iy their commissioners, General 44374 John WNiel, Colonel Pierre Menard, and Caleb Atwater, esq , 44375 for and on behalf of said States, of the one part, and the nation 44376 of Winnebaygo Indians of the other part. 44377 Aeticle 1. The said Winnebaygo jSTation hereby forever 44378 cede and relinquish to the said United States all their right, 44379 title, and claim to the lands and country contained within the 44380 following limits and boundaries, to wit: Beginning on Eock 44381 Eiver, at the mouth of the Pee-lcee-tau no- or Pee-Jceetol-aJca, a 44382 branch thereof; thence up the Pee-lceetola Tea to the mouth of 44383 Sugar Creek; thence up. the said creek to the source of the 44384 Eastern Branch thereof; thencebyalineruuningdnenorthtothe 44385 road leading from the Eastern Blue Mound, by the most northern 44386 of the four lakes, to the portage of the Wisconsin and Fox 44387 Elvers; thence along the said road to the crossing of Duck 44388 Creek ; thence by a line running in a direct course to the most 44389 southeasterly bend of Lake Puck-a-way, on Fox Eiver ; thence 44.';90 up said lake and Fox Eiver to the portage of the Wisconsin ; 44391 thence across said portage to the Wisconsin Eiver; thence 44392 down said river to the eastern line of the United States reserva- 44393 tion at the mouth of said river, on the south side thereof, as 44394 described in the second article of the treaty made at St. Louis, 44395 on the twenty-fourth day of August, in the year eighteen hun- 44396 dred and sixteen, with the Ohippewas, Ottawas, and Potawa- 44397 tamies, (proclaimed December 30, 1816; see page 151;) thence 44398 with the lines of a tract of country on the Mississippi Eiver, 44399 (secured to the Chippewas, Ottawas, and Potawatamies of the 44400 Illinois by the ninth article of the treaty made at Prairie du 44401 Chien, on the nineteenth day of August, in the year eighteen 44402 hundred and twenty-flve, proclaimed February 26, 1820 . (see 44403 page 159;) running southwardly, passing the heads of the small 44404 streams emptying into the Mississippi to the Eock Eiver, at the 44405 Winnebaygo village, forty miles above its mouth ; thence up 44406 Eock Eiver to the mouth of the Peelcee tol-aM Eiver, the place 44407 of beginning. 44408 Article 2. In consideration of the above cession, it is 44409 hereby stipulated that the said United" States shall pay to the 44410 said Winnebaygo Nation of Indians the sum of eighteen thou- 44411 sand dollars in specie annually, for the period of thirty years ; 44412 which said sum is to be paid to said Indians at Prairie du Chien, 44413 and Fort Winnebaygo, in proportion to the numbers residing 44414 within the most CQnYenient distance of each place, respectively ; 997 44415 and it is also agreed that the said United States shall deliver 44416 immediately to said Indians, as a present, thirty thousand dol- 44417 lars in goods; and it is farther agreed that three thousand 44418 pounds of tobacco and fifty barrel's of salt shall be annually 44419 delivered to the said Indians by the United States, for the 44420 period of thirty years; half of which articles shall be delivered 44421 at the agency at Prairie da Chien, and the other half at the 44422 agency of Fort Winnebaygo. 44423 Article 3. And ifc is further agreed between the parties 44424 that the said United States shall provide and support three 44425 blacksmiths' shops, with the necessary tools, iron, and steel, for 44426 the use of the said Indians, for the term of thirty years ; one at 44427 Prairie du Chien, one at Fort Winnebaygo, and one on the 44428 waters of Eock River ; and furthermore, the said United States 44429 engage to furnish, for the use of the said Indians, two yoke of 44430 oxen, one cart, and the services of a man at the portage of the 44431 Wisconsin and Fox Elvers, to continue at the pleasure of the 44432 agent at that place, the term not to exceed thirty years. 44433 Article 4. The United States (at the request of the Indians 44434 aforesaid) further agree to pay to the persons named in the 44435 schedule annexed to this treaty, (and which forms part and par- 44436 eel thereof,) the several sums as therein specified, amounting, in 44437 all, to the sum of twenty-three thousand five hundred and thirty- 44438 two dollars and twenty-eight cents ; which sam is in full satis- 44439 faction of the claims brought by said persons against said 44440 Indians, and by them acknowledged to be justly due. 44441 Article 5. And it is further agreed that, from the land 44442 hereinbefore ceded, there shall be granted by the United States 44443 to the persons herein named, (being descendants of said Indians,) 44444 the quantity of land as follows, to be located without the mineral 44445 country, under the direction of the President of the United 44446 States, that is to say : to Catherine Myott, two sections ; to 44447 Mary, daughter of Catharine Myott, one section ; to Michael St. 44448 Cyr, son oi Eee-no-liau, (a Winnebaygo woman,) one section ; to 44449 Mary, Ellen, and Erigitte, daughters of said Hee-no-Tcau, each 44450 one section ; to Catherine and Olivier, children of Olivier A melle, 44451 each one section; to Francois, Therese, and Joseph, children of 44452 Joseph Thibault, each one section ; to Sophia, daughter of Josh ua 44453 Palen, one section; to Pierre Pacquette, two sections; and to his 44454 two children, Therese and Moses, each one section ; to Pierre Grig- 44455 non L'Avoine, Amable, Margaret, Genevieve, and Mariette, chil- 44456 dren of said Pierre, each one section ; to Mauh-nah-tee-see, (a Win- 44457 nebaygo woman,) one section ; and to her eight children, viz, 44458 Therese, Benjamin, James, Simeon, and Phelise Leciiyer, Julia, 44459 and Antoine Grignon, and Alexis Peyet, each one section ; to 44460 John Baptiste Pascal, Margaret, Angelique, Domitille, Therese, 998 44461 and Lisette, children of the late John Baptiste Pacqaette, each 44462 one section ; to Madeline Brisbois, daughter of the late Michel 44463 Brisbois, jr., one section ; to Therese Gagnier and her two chil- 444C4 dren, Frangois and Louise, two sections ; to Mary, daughter of 44465 Luther Gleason, one section ; and to Theodore Lupien, one sec- 44466 tion ; all which aforesaid grants are not to be leased or sold by 44407 said grantees to any person or persons whatever, without the 44468 permission of the President of the United States ; and it is 44469 further agreed that the said United States shall pay to Therese 44470 Gagnier the sum of fifty dollars per annum, for fifteen years, to 44471 be deducted from the annuity to said Indians. 44472 Article 6. This treaty, after the same shall be ratified by 44473 the President of the United States, by and with the advice and 44474 consent of the Senate thereof, shall be obligatory on the con- 44475 tracting parties. 44476 Proclaimed January 2, 1830. 44477 Articles of a treaty made and concluded at Fort Armstrong, Bock 44478 Islandf, Illinois, between tlie United States of America, hy their 44479 commissioners. Major- General Winfield Scott, of the United 44480 States Army, and Ms excellency John Beynolds, governor of 44481 the State of Illinois, and the Winnebago Nation of Indians, 44482 represented in general council by the undersigned chiefs, head- 44483 men, and icarriors. 44484 Article 1. The Winnebago Nation hereby cede to the 44485 United States, forever, all the lands to which said nation have 44486 title or claim, lying to the south and east of the Wisconsin 44487 Kiver, and the Fox Eiver of Green Bay ; bounded as follows, viz : 44488 Beginning at the ifiouth of the Pee-kee-tol-a-ka Eiver ; tbence up 44489 Eock Eiver to its source ; thence, with a line dividing the Win- 44490 nebago Nation from other Indians east of the Winnebago Lake, 44491 to the Grande Chute ; thence up Fox Eiver to the Winnebago 44492 Lake, and with the northwestern shore of said lake to the inlet 44493 of Fox Eiver ; thence up said river to Lake Puckaway, and with 44494 the eastern shore of the same to its most southeasterly bend ; 44495 thence with the line of a purchase made of the Winnebago Na- 44496 tion, by the treaty at Prairie du Chene, the first day of August, 44497 one thousand eight hundred and twenty-nine, to the place of 44498 beginning. 44499 Article 2. In part consideration of the above cession, it 44500 is hereby stipulated and agreed that the United States grant to 44501 the Winnebago Nation, to be held as other Indian lands are 44502 held, that part of the tract of country on the west side of the 44503 Mississippi, known at present as the Neutral Ground, embraced 44504 within the following limits, viz : Beginning on the west bank of 999 44505 the Mississippi River, twenty miles above the moutti of the Up- 44506 per loway Eiver, where the line of the lands purchased of the 44507 Sioux Indians, as described in the third article of the treaty of 44508 Prairie du Chien, of the fifteenth day of July, one thousand 44509 eight hundred and thirty, begins; thence, with said line, as 44510 surveyed and marked, to the Eastern Branch of the Eed Cedar 44511 Creek ; thence down said creek forty miles, in a straight line, 44512 but following its windings, to the line of a purchase, made of 44513 the Sac and Fox tribes of Indians, as designated in the second 44514 article of the before-recited treaty ; and thence along the south- 44515 ern line of said last-mentioned purchase, to the Mississippi, at 44516 the point marked by the surveyor, appointed by the President 44517 of the United States, on the margin of said river; and thence 44518 up said river to the place of beginning. The exchange of the 44519 two tracts of country to take jilace on or before the first day of 44520 June next ; that is to say, on or before that day, all the Win- 44521 nebagoes now residing within the country ceded by them, as 44522 above, shall leave the said country, when, and not before, they 44523 shall be allowed to enter upon the country granted by he 44524 United States, in exchange. 44525 Akticle 3. But as the country hereby ceded by the Winne- 44526 bago Nation is more extensive and valuable than that given by 44527 the United States in exchange, it is further stipulated and 44528 agreed that the United States pay to the Winnebago Nation, 44529 annually, for twenty-seven successive years, the first payment 44530 to be made in September of the next year, the sum of ten thou- 44531 sand dollars, in specie; which sum shall be paid to the said 44532 nation at Prairie du Chien and Fort Winnebago, in sums pro- 44533 portional to the numbers residing most conveniently to those 44534 places respectively. 44535 Aeticlb 4. It is further stipulated and agreed that the 44536 United States shall erect a suitable building or buildings, with 44537 a garden and a field attached, somewhere near Fort Crawford or 44538 Prairie du Chien, and establish and maintain therein for the 44539 term of twenty-seven years a school for the education, includ- 44540 ing clothing, board, and lodging, of such Winnebago children 44541 as may be voluntarily sent to it; the school to be conducted by 44542 two or more teachers, male and female, and the said children to 44543 be taught reading, writing, arithmetic, gardening, agriculture, 44544 carding, spinning, weaving, and sewing, according to their ages 44545 and sexes, and suclx other branches of useful knowledge as the 44546 President of the United States may prescribe : Provided, That 44547 the annual cost of the school shall not exceed the sum of three 44548 thousand dollars. And in order that the said school may be pro 44549 ductive of the greatest benefit to the Winnebago Nation, it is 44550 hereby subjected to the visits and inspections of his excellency 1000 44551 the gouvernor of the State of Illinois for the time being; the 44553 United States general superintendents of Indian affairs ; of the 44553 United States agents who may be appointed to reside among 44554 the Winnebago Indians, and of any officer of the United States 44555 Army who may be of or above the rank of major : Provided, 44556 That the commanding officer of Fort Crawford shall make such 44557 visits and inspections frequently, although of an inferior rank. 44558 Article 5. And the United States further agree to make 44559 to the said nation of Winnebago Indians the following allow- 41560 ances for the period of twenty-seven years in addition to the con- 44561 siderations hereinbefore stipulated ; that is to say : for the sup' 44562 port of six agriculturists and the purchase of twelve yokes of 44563 oxen, ploughs, and other agricultural imi)lements, a sum not ex- 44564 ceeding two thousand five hundred dollars per annum ; to the 44565 Rock Eiver band of Wiunebagoes, one thousand five hundred 44566 pounds of tobacco per annum ; for the services and attendance 44567 of a physician at Prairie du Chien, and of one at Fort Winne- 44568 bago, each two hundred dollars per annum. 44569 Akticlb 6. It is further agreed that the United States re- 44570 move and maintain within the limits prescribed in this treaty 44571 for the occupation of the Winnebagoes the blacksmith's shop, 44572 with the necessary tools, iron, and steel heretofore allowed to 44573 the Winnebagoes, on the waters of the Eock Eiver, by the 44574 third article of the treaty made with the Winnebago Nation at 44575 Prairie du Chien on the first day of August, one thousand 44576 eight hundred and twenty nine. 44577 Article 7. And it is further stipulated and agreed by the 44578 United States that there shall be allowed and issued to the 44579 Winnebagoes required by the terms of this treaty to remove ■ 44580 within their new limits, soldiers' rations of bread and meat for 44581 thirty days : Provided, That the whole number of such rations 44582 shall not exceed sixty thousand. 44583 Article 8. The United States, at the request of the Winne. 44584 bago Nation of Indians aforesaid, further agree to pay to the 44585 following-named persons the sums set opposite their names re- 44586 spectively, viz: To Joseph Ogee, two hundred and two dollars 44587 and fifty cents; to William Wallace, four hundred dollars; and 44588 to John Dougherty, four hundred and eighty dollars, amounting 44589 in all to one thousand and eighty- two dollars and fifty cents, 44590 which sum is in full satisfaction of the claims brought by said 44591 persons against said Indians and by them acknowledged to be 44592 justly due. 44593 Article 9. On demand of the United States commission- 44594 ers, it is expressly stipulated and agreed that the Winnebago 44595 Nation shall promptly seize and deliver up to the commanding 44596 officer of some United States military post, to be dealt with ac- 1001 44597 cording to law, the tbllowing individual Winnebagoes, viz : 44598 Koo-zee-ray-Kaw, Moyche-nun-Kaw, Tshik-oke-maw-kaw, Ah- 44599 hunseekaw, and Waw-zee-reeka.y-hee-wee-kaw, who are ae- 44000 cused of murdering or of being concerned in the murdering of 44601 certain American citizens at or near tiie Blue Mound, in the 44602 Territory of Michigan ; Naw-saw-nay-hekaw, and Toag-ra-naw- 44603 koo-ray-see-ray-kaw, wlio are accused of murdering, or of being 44604 concerned in murdering, one or more American citizens at or 44605 near Kellogg's Grove, in the State of Illinois ; and also Waw-kee- 44606 aun-shaw and his son, who wounded, in attempting to kill, an 44607 American soldier, at or near Lake Koshke-noiig, in the said 44608 Territory ; ail of which offences were comioitted iu the course of 44609 the past spring and summer. And till these several stipula- 44610 tions are faithfully complied witii by the Winnebago Nation, it 44611 is further agreed that the payment of the annuity often thou- 44612 sand dollars secured by this treaty shall be suspended. 44613 Article 10. At the special request of the Winnebago Na- 44614 tion, the United States agree to grant by patent, in fee-simple, 44615 to the following-named persons, all of whom are Winnebagoes '44616 by blood, lands as follows : To Pierre Paquette, three sections ; 44617 to Pierre Paquette, junior, one section ; to Therese Paquette, 44618 one section ; and to Caroline Harney, one section. The lands 44619 to be designated under the direction of the President of the 44620 United States within the country herein ceded by the Winae- 44621 bago Nation. 44622 Akticle 11. In order to prevent misapprehensions that 44623 might disturb peace and friendship between the parties to this 44624 treaty, it is expressly understood that no band or party of Win- 44625 nebagoes shall reside, plant, iish, or hunt after the first day of 44626 June next on any portion of the country herein ceded to the 44627 United States. 44628 Article 12. This treaty shall be obligatory on the con- 44629 tracting parties after it shall be ratified by the President and 44630 Senate of the United States. 44631 Proclaimed February 13, 1833. 44632 N. B. — All the stipulations of the foregoing treaties with the 44633 Winnebagos, requiring services to be performed, supplies fur- 44634 nished, or payments made at designated times and places, are 44635 abrogated by the fifth article of the treaty proclaimed June 16, 44636 1838, (next succeeding treaty.) 44637 Articles of a treaty made at the city of Washington, between Carey 44638 A. Harris, thereto specially directed by the President of the 44639 United States, and the Winnebago Nation of Indians, by their 44640 chiefs and delegates. 44641 Article 1. The Winnebago Nations of Indians cede to 44642 the United States all their land east of the Mississippi Eiver. *126 I T 1002 44643 AuTiOLE 2. The said Indians further agree to relinquish the 44644 right to occupy, except for the purpose of hunting, a portion of 44645 the land held by them west of the Mississippi, included between 44646 that river and a line drawn from a point twenty miles distant 44647 therefrom on the southern boundary of the neutral ground to a 44648 point, equidistant from the said river, on the northern boundary 44649 thereof. But this stipulation shall not be so construed as to 44650 invalidate their title to the said tract. 44651 Arttclb 3. The said Indians agree to remove, within eight 44652 months from the ratification of this treaty, to that portion of 44653 the neutral ground west of the Mississippi which was conveyed 44654 to them in the second article of the treaty of September 21st, 44655 1832, and the United States agree that the said Indians may 44656 hunt upon the western part of said neutral ground until they 44657 shall procure a permanent settlement. 44658 Article 4. In consideration of the cession and relinquish- 44659 ment contained in the preceeding articles, ' the United States 44660 agree to the following stipulations on their part. 44661 First. To set apart the sum of two hundred thousand dollars 44662 ($200,000) for the following purposes : 44663 To pay to the individuals herein named the sum specified for 44664 each. To Nicliolas Boilvin, six thousand dollars ($6,000 ; ) to the 44665 other four children of Tficholas Boilvin, formerly agent for said 44666 nation, four thousand dollars ($4,000) each ; to Catherine Myott, 44667 one thousand dollars, ($1,000;) to Hyancinthe St. Cyr, one 446<)8 thousand dollars, ($1,000 ;) to the widow of Henry Gratiot, late 44669 sub-agent of the nation, in trust for her eight children, ten thou- 44670 sand dollars, ($10,000 ;) to H. L. Dousman, in trust for thechil- 44671 dren of Pierre Paquette, late interpreter for the nation, three 44672 thousand dollars, ($3,000;) to Joseph Brisbois, two thousand 44673 dollars, ($2,000;) to Satterlee Clark, junior, two thousand dol- 44674 lars, ($2,000;) to John Roy, two thousand dollars, ($2,000;) to 44675 Antoine Grignon, two thousand dollars, ($2,000;) to Jane F. 44676 llolette, two thousand dollars, ($2,000;) to George Fisher, one 44677 thousand dollars, ($1,000;) to Theresa Roy, one thousand dol- 44678 lars, ($1,000 ;) to Domitille Brisbois, one thousand dollars, 44679 ($1,000.) These sums are allowed, at the earnest solicition of 44680 the chiefs and delegates, for supplies and services to the nation 44681 afforded by these individuals. 44682 The balance of the above sum of two hundred thousand dol- 44683 lars ($200,000) shall be applied to the debts of the nation which 44684 may be ascertained to bejustly due, and which may be admitted 44685 by the Indians: Provided, That if all their just debts shall 44686 amount to more than this balance, their creditors shall be paid 44687 pro rata, upon their giving receipts in full ; and if the just debts 44688 shall fall short of said balance, the residue of it shall be invested 1003 44689 for the beiioflt of the luitlon : And provided also, Thut no claim 44690 for depredations shall be paid out of said balance. 44691 Second. To pay, under the direction of the President to the 44692 relations and friends of said Jndians, having not less than one- 44693 quarter of Winnebago blood, one hundred thousand dollars, 44694 ($100,000.) '44695 Third. To expend, for their removal to the lands assigned 44696 them, a sum not exceeding seven thousand dollars, ($7,000.) 44697 Fourth. To dplivcr to the chiefs and delegates, on their arri- 44698 val at St. Lonis, goods and horses to the amount of three thou- 44699 sand dollars, ($3,000;) and also to deliver to them, as soon as 44700 practicable after the ratification of this treaty, and at the expense 44701 of the United States, goods to the amount of forty-seven thon- 44702 sand dollars, ($47,000.) 44703 Fifth. To deliver to them provisions to the amount of ten 44704 thousand dollars, ($10,000,) and horses to the same amount. 44705 Sixth. To apply to the erection of a grist-mill, three thousand 44706 dollars, ($3,000.) 44707 Seventh. To expend in breaking up and fencing in ground 44708 after the removal of the said Indians, ten thousand dollars, 44709 ($10,000.) 44710 Eighth. To set apart the sum of ten thousand dollars, 44711 ($10,000,) to defray contingent and incidental expenses in the 44712 execution of this treaty, and the expenses of an exploring party, 44713 when the said Indians shall express a willingness to send one to 44714 the country southwest of the Missouri River. 44715 I^inth. To invest the balance of the proceeds of the lands 44716 ceded in the first article of this treaty, amounting to eleven 44717 hundred thousand dollars, ($1,100,000;) and to guaranty to them 44718 an interest of not less than five per cent. 44719 Of this interest, amounting to fifty-five thousand dollars, 44720 ($55,000,) it is agreed the following disposition shall be made : 44721 For purposes of education, twenty-eight hundred dollars, 44722 ($2,800.) 44723 For the support of an interpreter for the school, five hun- 44724 dred dollars, ($500.) 44725 For the support of a miller, six hundred dollars, ($600.) 44726 For the supply of agricultural implements and assistance^ 44727 five hundred dollars, ($500.) 44728 For medical services and medicines, six hundred dollars, 44729 ($600.) 44730 The foregoing sums to be expended for the objects specified 44731 for the term of twenty-two years, and longer at the discretion of 44732 the President. If, at the expiration of that period, or any time 44733 thereafter, he shall think it expedient to discontinue either or 44734 all of the above allowances, the amount so discontinued shall be 1004 44735 paid to siiid Winuebago Nation. The residue of the interest, 44736 amounting to fifty thousand dollars, ($50,000,) shall be paid to 44737 said nation in the following manner: Ten thousand dollars 44738 ($10,000) in provisions, twenty thousand dollars ($20,000) in 44739 goods, and twenty thousand dollars ($20,000) in money. 44740 Article 5. It is understood and agreed that so much of 44741 the stipulations in existing treaties with said Winnebago Nation 44742 as requires services to be performed, supplies furnished, or pay- 44743 ments made at designated times and places, shall be henceforth 44744 null and void ; and those stipulations shall be carried into ef- 44745 feet at such times and at such points in the country to which 44746 they are about to remove as the President may direct. 44747 Article 6. This treaty to be binding on the contracting 44748 parties when it shall be ratified by the United States. 44749 Proclaimed June 16, 1838. 44750 Articles of a treaty made and concluded at the city of Washington, 44751 on the thirteenth do.y of October, in the year one thousand eight 4c4c752 hundred and forty-six, between the United States, of the one 44753 part, by their commissioners, Albion K. Parris, John J. Abert, 44754 ' and T. P. Andrews, and the Winnebago tribe of Indians, of the 44755 other part, by a full delegation of said tribe, specially appointed 44756 hy the chiefs, head-men, and warriors thereof. 44757 Article 1. It is solemnly agreed that the peace and friend- 44758 ship which exist between the people of the United States and 44759 the Winnebago Indians shall be perpetual, the said tribe of In- 44760 dians giving assurance hereby of fidelity and friendship to the 44761 Government and people of the United States, and the United 44762 States giving to them, at the same time, promise of all proper 44763 care and parental protection. 44764 Article 2. The said tribe of Indians hereby agree to cede 44765 and sell, and do hereby cede and sell, to the United States, all 44766 right, title, interest, claim, and privilege to all lands, wherever 44767 situated, now or heretofore occupied or claimed by said Indians, 44768 within the States and Territories of the United States, and espe- 44769 cially to the country now occupied, inhabited, or in any way used 44770 by them, called the "neutral ground," which tract of country 44771 was assigned to said Indians by the second article of the treaty 44772 of Fort Armstrong, concluded on the fifteenth day of September, 44773 1832, and ratified on the thirteenth day of February following. 44774 (See page 1001.) 44775 Article 3. In consideration of the foregoing purchase 44776 from or cession by the said Indians, the United States hereby 44777 agree to purchase and give to the said Indians, as their home, 44778 to be held as all Indians' lands are held, a tract of country north 1005 44779 of St. Peter's and west of the Mississippi Eivers, of not less 44780 tlian eight hundred thousand acres, which shall be suitable to 44781 their habits, wants, and wishes : Provided, Such land can be 44782 obtained on just and reasonable terms. 44783 Aetiolb 4. The United States agree to pay to said tribe of 44784 Indians the sum of one hundred and fifty thousand dollars for 44785 the land, and the sum of forty thousand dollars for release of 44786 hunting privileges on the lands adjacent to their present home, 44787 making the sum of one hundred and ninety thousand dollars, 44788 being in further consideration of the cession or sale made to the 44789 United States by the second article of this treaty, to be paid as 44790 follows : Forty thousand dollars to enable them to comply with 44791 their present just engagements, and to cover the expenses of 44792 exploring and selecting (by their own people, or by an agent of 44793 their own appointment) their new home ; twenty thousand dol- 44794 lars in consideration of their removing themselves, and twenty 44795 thousand dollars in consideration of their subsisting themselves 44796 the first year after their removal ; ten thousand dollars to be 44797 expended for breaking up and fencing lands, under the direction 44798 of the President of the United States, at their new home; ten 44799 thousand dollars to be set apart and applied, under the direction 44800 of the President, to the creation and carrying on of one or more 44801 manual-labor schools for the benefit of said tribe of Indians, and 44802 five thousand dollars for building a saw and grist mill. The 44803 balance of said sum of one hundred and ninety thousand dollars, 44804 viz, eighty-flve thousand dollars, to remain in trust with the 44805 United States, and five per cent, interest thereon to be paid 44806 annually to said tribe, or applied for their benefit, as the Presi- 44807 dent of the United States may from time to time direct, for the 44808 period of thirty years, which shall be in full payment of the said 44809 balance : Provided, That no part of the said consideration 44810 moneys shall be paid until after the arrival of said tribe of In- 44811 dians at their new home and appropriations shall have been 44812 made by Congress ; and that the sums for meeting their present 44813 engagements, for removal and subsistence, and for exploring 44814 their new home, shall be paid to the chiefs in open council, in 44815 such a manner as they in said council shall request. 44816 Aktiolb 5. It is further agreed by the parties to this treaty 44817 that the said tribe of Indians shall remove to their new home 44818 within one year after the ratification of this treaty, and their 44819 new home shall have been procured for them, and they duly 44820 notified of the same. 44821 Article 6. It is further agreed by the parties to this treaty 44822 that the President may, at his discretion, (should he at any time 44823 be of opinion that the interest of the Indians would be thereby 44824 promoted,) direct that any portion of the money, not exceeding 1006 44825 ten thousand dollars per annum, now paid in goods, as provided 44826 for by the last clause of the fourth article of the treaty of the 44827 first of J!^ovember, 1837, be applied to the purchase of additional 44828 provisions, or to other purposes. 44829 Proclaimed February 4, 1847. 44830 Feanklin Pierce, President of the United States of America, 44831 to all and singular to whom these presents shall come, greet- 44832 ing : 44833 Whereas a treaty was made and concluded at the city of 44834 Washington, on the twenty-seventh day of February, eighteen 44835 hundred and fifty Ave, by G-eorge W. Manypenny, as commis- 44836 sioner on the part of the United States, and the following-napied 44837 chiefs and delegates of the Winnebago tribe of Indians, viz: 44838 Waw-kon-chaw-koo-kaw, The Coming Thunder, or Kinnoskik ; 44839 Sho-go-nik-kaw, or Little Hill; Maw-he-coo sha-naw-zhekaw, 44840 One that Stands and Eeaches the Skies, or Little Decorie; 44841 Waw-kon chaw-hoo-nokaw, or Little Thunder; Hoonk-hoo-no- 44842 kaw. Little Chief, or Little Priest; Honch-hutta-kaw, or Big Bear; 44843 Watch-ha-ta-kaw, or Big Canoe; Ha-zhum kee-kaw,orOneHorn; 44844 Ha zeekaw, or Yellow Bank; and Baptiste Lassallier, they being 44845 duly authorized by said tribe; which treaty is in the words fol- 44846 lowing, to wit: 44847 Articles of agreement and convention, made and concluded at 44848 Washington City on the twenty-seventh day of February, 44849 eighteen hundred and fifty-five, between George W. Many- 44850 penny, commissioner on the part of the United States, and 44851 the following-named chiefs and delegates representing the 44852 Winnebago tribe of Indians, viz: Waw-kon-chaw-koo-kaw, 44853 The Coming Thunder, or Kinnoshik ; Sho-go-nik-kaw, or 44854 Little Hill ; Maw-he-coo-shah-naw-zhekaw, One that Stands 44855 and Reaches the Skies, or Little Decorie ; Waw-kon-chaw- 44856 hoo-no-kaw, or Little Thunder; Hoonk-hoo-no-kaw, Little 44857 Chief, or Little Priest; Honch-hutta-kaw, or Big Bear; 44858 Wach-ha-ta kaw, or Big Canoe; Ha-zum-kee-kaw, or One 44859 Horn ; Ha-zee-kaw, or Yellow Bank ; and Baptiste Lassal- 44860 lier, they being thereto duly authorized by said tribe. 44861 Article 1. The Winnebago Indians hereby cede, sell, and 44862 convey to the United States all their right, title, and interest in 44863 and to the tract of land granted to them pursuant to the third 44864 article of the treaty concluded with said tribe at Washington 44865 City on the thirteenth day of October, one thousand eight hun- 44866 dredandfortysix,(nextpreceding,)lyingnorthofSt.Peter'sEiver 44867 and west of the Mississippi Eiver, in the Territory of Minnesota, 44868 and estimated to contain about eight hundred and ninety-seven 44869 thousand and nine hundred (897,900) acres ; thebouudarjr-lines of 1007 44870 which are thus described iu the second article of the treatj' con- 44871 eluded between the United States and the Chippewa Indians of 44.S72 the Mississippi and Lake Superior, on the second day of August, 44873 one thousand eight hundred and forty seven, viz: "Beginning 44874 at the junction of the Crow Wing and Mississippi Rivers; thence 44875 up the Crow Wing River, to the junction of that river with the 44876 Long Prairie River; then,ce up the Long Prairie River to the 44877 boundary line between the Sioux and Chipj)ewa Indians; thence, 44878 southerly along the said boundaTyline to a lake at the head of 44879 Long Prairie River ; thence in a direct line to the sources of 44880 the Watab River; thence down the Watab to the Mississippi 44881 River ; thence up the Mississippi to the place of beginning : " 44882 Provided, however, That the portions of said tract embracing the 44883 improved lands of the Indians, the grist and saw mill, and all 44884 other iinproveuients made for or by them, shall be specially re- 44885 served from pre-emption, sale, or settlement until the said mills 44886 and improvments, including the improvements to the land, shall 44887 have been appraised and sold, at pul)lic sale, to the highest bid- 44888 der, for the benefit of the Indians, but no sale thereof shall be 44889 made for less than the appraised value. And the President may 44890 prescribe such rules and regulations in relation to said sale as 44891 he may deem proper ; and the person or persons purchasing said 44892 mills and improvements shall have the right, when the land is 44893 surveyed, to enter the legal subdivisions thereof, including the 44894 improvements purchased by them, at one dollar and twenty-five 44895 cents per acre. 44896 AETifJLE 2. In consideration of the cessions aforesaid, and 44897 in full compensation therefor, the United States agree to pay to 44898 the said Indians the sum of sevent^y thousand dollars, ($70,000,) 44899 and to grant them, as a permanent home, a tract of land equal 44900 to eighteen miles square on the Blue Earth River, in the Terri- 44901 tory of Minnesota., which shall be selected and located by the 44902 agent of the Government and a delegation of the Winnebagoes 44903 immediately after the ratification of this instrument, and after 44904 the necessary appropriations to carry it into effect shall have 44905 been made; and a report of such selection and location shall be 44906 made in writing to the sui)erintendent of Indian affairs for the 44907 Territory of Minnesota, who shall attach his official signature to 44908 the same, and forward it to the Commissioner of Indian Affairs ; 44909 and the country thus selected shall be the permanent home of 44910 the said Indians: Provided, Said tract shall not approach near- 44911 er the Minnesota River than the mouth of the La Serrer fork of 44912 the Blue Earth River. 44913 Aeticle 3. It is agreed that the moneys received from the 44914 sale ot the Indian improvements, as provided for in the first 44915 article, and the sum stipulated to be paid by the second article 1008 44916 of this instrument, shall be expended, under the direction of the 44917 President, in removing the Indians to their new homes, including 44918 those who are now severed from the main body of the tribe, 44919 living in Kansas Territory, Wisconsin, or elsewhere; in subsist- 44920 ing them a reasonable time after their removal ; in making im- 44921 provements, such as breaking and fencing land and building 44922 houses ; in purchasing stock, agricultural implements, and 44923 household furniture, and for such other objects as may tend to 44924 })romote llieir prosperity and advancement in civilization. And 44925 the said Winnebago Indians agree to remove to their new homes 44926 immediately after the selection of the tract hereinbefore pro- 44927 vided for is made. 44928 Article 4. In order to encourage the Winnebago Indians 44929 to engage in agriculture, and such other pursuits as will con- 44930 duce to their well-being and improvement, it is agreed that, at 44931 such time or times as the President may deem advisable, the 44932 laud herein provided to be selected as their future home, or 44933 such portions thereof as may be necessary, shall be surveyed ; 44934 and the President shall, from time to time, as the Indians may 44935 desire it, assign to each head of a family, or single persons over 44936 twenty-one years of age, a reasonable quantity of land, in one 44937 body,, not to exceed eighty acres in any case, for their separate 44938 use ; and he may, at his discretion, as the occupants thereof be- 44939 come capable of managing their business and affairs, issue pat- 44940 ents to them for the tract so assigned to them, respectively, 44941' said tracts to be exempt from taxation, levy, sale, or forfeiture 44942 until otherwise provided by the legislature of the State in which 44943 they may be situated, with the assent of Congress ; nor shall 44944 they be sold or alienii.ted, in fee, within fifteen years after the 44945 date of the patents, and not then without the assent of the 44946 President of the United States being first obtained. Prior to 44947 the patents being issued the President shall make such rules 44948 and regulations as he may deem necessary and expedient re- 44949 specting the disposition of any of said tracts, in case of the 44950 death of the person or persons to whom they may be assigned, 44951 so that the same shall be secured to the families of such deceased 44952 persons ; and should any of the Indians to whom tracts may be 44953 assigned thereafter abandon them, the President may take such 44054 action in relation to such abandoned tracts as iu his judgment 44955 may be necessary and proiier. 44956 Article 5. All unexpended balances now in the hands of 44957 the agent of the tribe, arising under former treaties, for schools, 44958 pay of interpreter therefor, support of blacksmiths and assist- 44959 ants, and also of the sum of ten thousand dollars set apart by 44960 the treaty of October thirteenth, eighteen hundred and forty-six, 44961 for manual-labor schools, shall be expended and applied in the 1009 44962 opening of farms, building and furnishing of houses, and the 44963 purchase of stock for said Indians. And the stipulations in for- 44964 mer treaties providing for the application or expenditure of par- 44965 ticular sums of money for specific purposes are hereby so far 4496G modified and changed as to confer upon the President the power, 44967 in his discretion, to cause such sums of money, in whole or in 44968 part, to be expended for or applied to such other objects and 44969 purposes and iu such manner as he shall deem best calculated 44970 to promote the welfare and improvement of said Indians. 44971 Aeticlb 6. 'So part of the moneys stipulated to be paid to 44972 the Winnebago Indians by these articles of agreement and con- 44973 vention, nor any of the future instalments due and payable un- 44974 der former treaties between them and the United States, shall 44975 ever be taken, by direction of the chiefs, to pay the debts of in- 44976 dividual Indians coatracted in their private dealings, known as 44977 national or tribal debts. 44978 Article 7. The missionaries, or other persons who are, by 44979 authority of law, now residing on the lands ceded by the first 44980 article of this agreement, shall each have the privilege of entering 44981 one hundred and sixty acres of the said ceded lands, to include 44982 any improvements they may have, at one dollar and twenty-five 44983 cents per acre ; and such of the mixed-bloods as are heads of fam 44984 ilies, and now have actual residences and improvements of their 44985 own in the ceded country, shall each have granted to them, in fee- 44986 eighty acres of land, to include their improvements: Provided, 44987 hotcever, That said entries and grants shall in no case be upon, 44988 or in any manner interfere with, any of the lands improved by the 44989 Government, or by or for the Indians, or on which the agency 44990 building, saw and grist mill, or other public or Indian improve- 44991 ments have been erected or made. 44992 Article 8. The laws which have been or may be enacted 44993 by Congress regulating trade and intercourse with the Indian 44994 tribes shall continue and be in force within the country herein 44995 provided to be selected as the future permanent home of the 44996 Winnebago Indians ; and those portions of said laws which pro- 44997 hibit the introduction, manufacture, use of, and traffic in ardent 44998 spirits in the Indian country shall continue and be in force 44999 within the country herein ceded to the United States until other- 45000 wise provided by Congress. 45001 Article 9. All roads and highways authorized by law, the 45002 lines of which may be required to be laid through any part of the 45003 country herein provided as the future permanent home of the 45004 Winnebago Indians, shall have right of way through the same, 45005 a fair andjusc value of such right being paid to the Indians, in 45006 money, to be assessed and determined according to the laws in 45007 force for the appropriation of land for such purposes. *127iT 1010 45008 Article 10. The said tribe of Indians, jointly and severally, 45009 obligate and bind themselves not to commit any depredation or 45010 wrong upon other Indians, or upon citizens of the United States ; 45011 to conduct themselves at all times in a peaceable and orderly 45012 manner; to submit all difflculties between them and other In- 4501.3 dians to the President, and to abide by his decision; to respect 45014 and observe the laws of the United States, so far as the same 45015 are to them applicable ; to settle down in the peaceful pursuits 45016 of life ; to commence the cultivation of the soil ; to educate their 45017 children, and to abstain from the use of intoxicating drinks and 45018 other vices to which many of them have been addicted. And the 45019 President may withhold from such of the Winnebagoes as aban- 45020 don their homes and refnse to labor, and from the idle, intem- 45021 perate, and vicious, the benefits they may be entitled to under 45022 these articles of agreement and convention, or under articles of 45023 former treaties, until they give evidences of amendment and be- 45024 come settled, and conform to and comply with the stipulations 45025 herein provided ; or, should they be heads of families, the same 45026 may be appropriated, under the direction of the President, to the 45027 use and enjoyment of their families. 45028 Article 11. These articles of agreement and convention 45029 shall be in lieu of the "Articles of a convention made and con- 45030 eluded between Willis A. Gorman and Johnathan E. Fletcher, on 45031 the part of the United States, and the chiefs and head-men of the 46032 Winnebago tribe of Indians, on the 6th day of August, A. D. 45033 1853," and the amendments of the Senate thereto, as expressed 46034 in its resolution of July twenty-first, eighteen hundred and flfty- 45035 four, to which amendments the said Winnebago Indians refused 45036 to give their assent, which refusal was communicated to the 45037 Commissioner of Indian Affairs by the governor of Minnesota 45038 Territory on the twenty-fourth of January, eighteen hundred 45039 and flfty-flve. , 45040 Article 12. The United States will pay the necessary ex- 45041 penses incurred by the Winnebago delegates in making their 45042 present visit to Washington, while here, and in returning to their 45043 homes. 45044 Article 13. This instrument shall be obligatory on the con. 45045 tracting parties as soon as the same shall be ratified by the Presi- 45046 dent and the Senate of the United States. 45047 Proclaimed March 23, 1855. 1011 45048 Treaty between the United States and the Winnebago tribe of In- 45049 dians, concluded April 15, 1859 ; ratified by the Senate March 45050 16, 1861. 45051 PKOCLAMATION. 45052 Abraham Lincoln, President of the United States of America, 45053 to all and singular to whom these presents shall come, greet- 45054 ing : 45055 Whereas a treaty was made and concluded at the city of 45056 Washington the fifteenth day of April, eighteen hundred and 45057 fifty-nine, by and between Charles E. Mix, commissioner on the 45058 part of the United States, and the hereinafter-named chiefs and 45059 delegates of the Winnebago tribe of Indians, they being duly 45060 authorized thereto by said tribe, which treaty is in the words 45061 and figures following, to wit : 45062 Articles of agreement and convention made and concluded at 45063 Washington City on the fifteenth day of April, eighteen 45064 hundred and fifty-niue, by and between Charles E. Mix, 45065 commissioner on the part of the United States, and the fol- 45066 lowing-named chiefs and delegat(!s representing the Win- 45067 nebago tribes of Indians, viz : Baptiste Lassa)leur, Little 45068 Hill, Little De-Corie, Prophet, Wakon, Conohutta-kau, Big 45069 Bear, Rogue, Young Frenchman, One Horn, Yellow Banks, 45070 and 0-o-kau, they being thereto duly authorized by said 45071 tribe. 45072 ArticlkI. The Winnebago Indians having now more lands 45073 than are necessary for their occupancy and use, and being de- 45074 sirous of promoting settled habits of industry and enterprise 45075 amongst themselves by abolishing the tenure, in common, by 45076 which they now hold their lands, and by assigning limited 45077 quantities thereof, in severalty, to the members of the tribe, in- 45078 eluding their half or mixed blood relatives now residing with 45079 them, to be cultivated and improved for their own individual use 45080 and benefit, it is hereby agreed and stipulated that the eastern 45081 portion of their present reservation, embracing townships one 45082 hundred and six (106) and one hundred and seven, (107,) range 45083 twenty-four, (24,) and one hundred and six (106) and one hun- 45084 dred and seven, (107,) range twenty-five, (2J,) and the two strips 45085 of land immediately adjoining them on the east and north, shall 45086 be set apart and retained, by them for said purposes ; and that 45087 out of the same there shall be assigned to each head of a family 45088 not exceeding eighty acres, and to each male person, eighteen 45089 years of age and upwards, without family, not exceeding forty 45090 acres of land, to include, in every case, as far as practicable, a 45091 reasonable proportion of timber j one hundred and sixty acres 45092 of said retained lands in a suitable locality shall also be set 1012 45093 apart and appropriated to the occupancy and use of the agency 45094 for said Indians. The lauds to be so assigned, including those 45095 for the use of the agency, shall be in as regular and compact a 45096 body as possible, and so as to admit of a distinct and well-defined 45097 exterior boundary, embracing the whole of them and any inter. 45098 mediate portions or parcels of land or water not included in or 45099 made part of the tracts assigned in severalty. Any such inter- 45100 mediate parcels of land and water shall be owned by the Wiu- 45101 nebagoes in common, but in case of increase in the tribe, or 45102 other cause rendering it necessary or expedient, the said inter- 45103 mediate parcels of land shall be subject to distribution and as. 45104 signment, in severalty, in such manner as the Secretary of the 45105 Interior shall prescribe and direct. The whole of the lands as. 45106 signed or unassigned, in severalty, embraced within the said ex- 45107 terior boundary, shall constitute and be known as the Winne- 45108 bago reservation, within and over which all laws passed or which 45109 may be passed by Congress regalating trade and intercourse 45110 with the Indian tribes shall have full force and effect. And no 45111 white person, except such as shall be in the employment of the 45112 United States, shall be allowed to reside or go upon any portion 45113 of said reservation without the written permission of the super- 45114 intendent of Indian affairs or of the agent for the tribe. Said 45115 division and assignment of lands to the Winnebagoes, in sever 45116 alty, shall be made under the direction of the Secretary of the 45117 Interior, and, when approved by him, shall be final and conclit- 45118 sive. Certificates shall be Issued by the Commissioner of In- 45119 dian Affairs for the tracts so assigned, specifying the names of 45120 the individuals to whom they have been assigned, respectively, 45121 and that they are for the exclusive use and benefit of themselves, 45122 their heirs and descendants. And said tracts shall not be alien- 45123 ated in fee, leased, or otherwise disposed of except to the United 45124 States, or to other members of the tribe, under such rules and 45125 regulations as may be prescribed by the Secretary of the Inte- 46126 rior ; and they shall be exempt from taxation, levy, sale, or for 45127 feiture until otherwise provided for by Congress. Prior to the 45128 issue of said certificates, the Secretary of the Interior shall make 45129 such rules and regulations as he may deem necessary and expe. 45130 dient respecting the disposition of any of said tracts in case of 45131 the death of the person or persons to whom they may be as. 45132 signed, so that the same shall be secured to the families of such 45133 deceased persons ; and should any of the Indians to whom tracts 45134 shall be assigned abandon them, the said Secretary may take 45135 such action in relation to the proper disposition thereof as in his 45136 judgment may be necessary and proper. 45137 Article 2. For the purpose of procuring the means of 45138 comfortably establishing the Winnebagoes upon the lauds to be 1013 45139 assigned to them in severalty, by building them houses, and by ■15140 furnishing them with agricultural implements, stock-aiiimals, 45141 and other necessary aid and facilities for commencing agricul- 45142 tural pursuits under favorable circumstances, the lands em- 45143 braced in that portion of their reservation not stipulated to be 45144 retained and divided, as aforesaid, shall be sold, under the direc- 45145 tion of the Secretary of the Interior, in parcels not exceeding 45146 one hundred and sixty acres each, to the highest bidder for cash ; 45147 the sales to be made upon sealed proposals to be duly invited 45148 by public advertisement. And should any of the tracts so to be 45149 sold have upon them improvements of any kind which were made 45150 by or for the Indians, or for Government purposes, the proposals 45151 therefor must state the price for both the land and improve- 45152 ments. And if, after assigning to all the members of the tribe 45153 entitled thereto their proportions of land in severalty, there shall 45154 remain a surplus of that portion of the reservation retained for 45155 that purpose, outside of the exterior boundary-liue of the lands 45156 assigned in severalty, the Secretary of the Interior shall be au- 45157 thorized and empowered, whenever he shall think proper, to 45158 cause such surplus to be sold in the same manner as the other 45159 lands to be so disposed of, and the proceeds thereof to be paid 45160 over to the Winnebagoes, or used and applied for their benefit 45161 in such manner as he shall deem to be best for them. 45162 Article 3. The Winnebagoes being anxious to relieve 45163 themselves from the burden of their present liabilities, and it 45164 being essential to their welfare and best interests that they 45165 shall be enabled to commence their new mode of life and pursuits 45166 free from the annoyance and embarrassment thereof, or which 45167 may be occasioned thereby, it is agreed that the same shall be 45168 liquidated and paid out of the fund arising from the sale of their 45169 surplus lands, so far as found valid and just on an examination 45170 thereof, to be made by their agent and the superintendent of 45171 Indian affairs for the northern superiiitendency, subject to 45172 revision and confirmation by the Secretary of the Interior. 45173 ABTiCiiE 4. Should the proceeds of the surplus lands of the 45174 Winnebagoes not prove to be sufficient to carry out the purposes 45175 and stipulations of this agreement, and some further aid be, from 45176 time to time, requisite, to enable said Indians to sustain them- 45177 selves successfully in agricultural and other industrial pursuits, 45178 such additional means as may be necessary therefor shaill be 45179 taken from the moneys due and belonging to them under the 45180 provisions of former treaties, and so much thereof as may be 45181 required to furnish them further aid, as aforesaid, shall be ap- 45182 plied in such manner, under the direction of the Secretary of 45183 the Interior, as he shall consider best calculated to promote 45184 and advance their improvement and welfare ; and, in order to 1014 45185 render unnecessary any further treaty engagements or arrange- 45186 ments, hereafter with the United States, it is hereby agreed and 45187 stipulated that the President, with the assent of Congress, shall 45188 have full power to modify or change any of the provisions 45189 of former treaties with the Winnebagoes in such manner and to 45190 whatever extent he may judge to be necessary and expedient 45191 for their welfare and best interest. 45192 Abticle 5. The Winnebagoes, parties to this agreement, 45193 are anxious that all the members of their tribe shall participate 45194 in the advantages herein provided for respecting their perraa- 45195 nent settlement and their improvement and civilization, and to 45196 that end, to induce all that are now separated from, to rejoin 45197 and unite with them. It is therefore agreed that, as soon as 45198 practicable, the Commissioner of Indian Affairs shall cause the 45199 necessary proceeding to be adopte d to have them notified of this 45200 agreement and its advantages, and to induce them to come in 45201 and unite with their brethren ; and, to enable them to do so and 45202 to sustain themselves for a reasonable time thereafter, such assist- 45203 auce shall be provided for them, at the expense of the tribe, as 45204 may be actually necessary for those purposes: Provided, however, 45205 That those who do not rejoin and permanently re-unite them- 45206 selves with the tribe within one year from the date of the ratifl- 45207 cation of this agreement, shall not be entitled to the benefit of 45208 any of its stipulations. 45209 Article 6. All the expenses connected with and incident 45210 to the making of this agreement, and the carrying out of its 45211 provisions, shall be defrayed out of the funds of the Winneba- 45212 goes. 45213 Proclaimed: March 23, 1861. 45214 Treaty between the United States of America and the Winnebago 45215 tribe of Indians, concluded March 8, 1865 ; ratification ad- 45216 vised, uith amendment, Febrvary 13, 18G6; amendment accepted 45217 February 20, 1860. 45218 Andrew Johnson, President of the United States of America, 45219 to all and singular to whom these presents shall come, greet- 45220 ing : 45221 Whereas a treaty was made and concluded at the city of 46222 Washington, in the District of Columbia, on the eighth day of 45223 March, in the year of our Lord one thousand eight hundred and 45224 sixty-five, by and between William P. Dole, Clark W. Thompson, 45225 and St. A. D. Balcombe, commissioners on the part of the United 45226 States, and Little Hill, Little Dacoria, Whirling Thunder, Young 45227 Prophet, Good Thunder, Young Crane, and White Breast, chiefs 1015 45228 of the Winnebago tribe of Indians, on the part of said tribe of 45229 Indians, and duly authorized thereto by them, which treaty is in 45230 the words and figures following, to wit : 45231 Articles of treaty made and concluded at Washington, D. C, 45232 between the United States of America, by their commis- 45233 sioners, Wm. P. Dole, C. W. Thompson, and St. A. D, Bal- 45234 combe, and the Winnebago tribe of Indians, by their chiefs, 45235 Little Hill, Little Decoria, Whirling Thunder, Young Pro- 45236 phet, Good Thunder, and White Breast, on the 8th day of 45237 March, 1865. 45238 Article 1. The Winnebago tribe of Indians hereby cede, 45239 sell, and convey to the United States all their right, title, and 45240 interest in and to their present reservation in the Territory of 45241 Dakota, at Usher's Landing, on the Missouri Eiver, the metes 45242 and bounds whereof being on file in the Indian Department. 45243 Article 2. In consideration of the foregoing cession, and 45244 the valuable improvements thereon, the United States agree to 45245 set apart for the occupation and future home of the Winnebago 45246 Indians, forever, all that certain tract or parcel of land ceded to 45247 the United States by the Omaha tribe of Indians on the sixth 45248 day of March, A. D. 1865, (see page 569,) situated in the Ter- 45249 ritory of IsTebraska, and described as follows, viz: Commencing 45250 at a point on the Missouri Eiver four miles due south from the 45251 north boundary-line of said reservation ; thence west ten miles ; 45252 thence south four miles ; thence west to the western boundary- 45253 line of the reservation ; thence north to the northern boundary- 45254 line ; thence east to the Missouri Eiver , and thence south along 45255 the river to the place of beginning. 45256 Article 3. In further consideration of the foregoing ces- 45257 sion, and in order that the W^innebagos maybe as well situated 45258 as they were when they were moved from Minnesota, the United 45259 States agree to errect on their reservation, hereby set apart, a 45260 good steam saw-mill with a grist-mill attached, and to break and 45261 fence one hundred acres of land for each band, and supply them 45262 with seed to sow and plant the same, and shall furnish them 45263 with two thousand dollars' worth of guns, four hundred horses, 45264 one hundred cows, two yoke of oxen and wagons, two chains 45265 each, and five hundred dollars' worth of agricultural implements, 45266 in addition to those on the reserve hereby ceded. 45267 Article 4. The United States further agree to erect on said 45268 reservation an agency building, school-house, warehouse, and 45269 suitable buildin gs for the physician, interpreter, miller, engineer, 45270 carpenter, and blacksmith, and a house 18 by 24 feet, one and 45271 a half story high, well shingled and substantially finished, for 45272 each chief. 45273 Article 5. The United States also stipulate and agree to 1016 45274 remove the Winnebago tribe of Indians and their i^roperty to 45275 their new home, and to subsist the tribe one year after their 45276 arrival there. 45277 Proclaimed March 28, 1866. 45278 WYANDOTS. 45279 Articles of a treaty made and concluded at Saint Mary's, in the 45280 State of Ohio, between Lewis Cass, commissioner of the United 45281 States, thereto specially authorized by the President of the 45282 United States, and the chiefs and warriors of the Wyandot 45283 tribe of Indians. 45284 Article 1. The Wyandot tribe of Indians hereby cede to 45285 the United States all the right reserved to them in two tracts of 45286 land in the Territory of Michigan, one including the village 45287 called Brownstown, and the other the village called Magaagua, 45288 formerly in the possession of the Wyandot tribe of Indians, con- 45289 taining in the whole not more than five thousand acres of land ; 45290 which two tracts of land were reserved for the use of the said 45291 Wyandot tribe of Indians and their descendants, for the term 45292 of fifty years, agreeably to the provisions of the act of Congress 45293 passed February 28, 1809, and entitled "An act for the relief of 45294 certain Alabama and Wyandot Indians." 45295 Article 2. In consideration of the preceding cession, the 45296 United States will reserve for the use of the said Wyandott In- 45297 dians, sections numbered twenty-three, twenty-four, twenty-five, 45298 twenty-six, thirty-four, thirty-five, thirty-six, twenty-seven, and 45299 that part of section numbered twenty-two, which contains eight 45300 acres, and lies on the south side of the river Huron, being in 45301 the fourth township, south of the base line, and in the ninth 45302 range east of the first meridian, in the Territory of Michigan, 45303 and containing four thousand nine hundred and ninety-six acres ; 45304 and the said tract of land shall be reserved for the use of the 45305 said Wyandott Indians and their descendants, and be secured 45306 to them in the same manner, and on the same terms and condi- 45307 tipns as is provided in relation to the Alabama Indians by the 45308 first section of the before-mentioned act of Congress, except that 45309 the said Wyandott Indians and their descendants shall hold the 45310 said land so long as they or their descendants shall occupy the 45311 same. 45312 Proclaimed January 7, 1819. 1017 45313 Treaty between the United States of America and the Wyandott 45314 Nation of Indians. 45315 John Tylbk, President of the United States of America, to all 45316 and singular to whom tbese presents shall come, greeting : 45317 Whereas a treaty was made and concluded at Upper San- 45318 dusky, Crawford County, Ohio, on the seventeenth day of 45319 March, in the year of our Lord one thousand eight hundred and 45320 forty-two, between John Johnston, commissioner on the part of 45321 the United States, and the chiefs, counsellors, and head-men of 45322 the Wyandott ISTation of Indians, in full council assembled, on 45323 the other part ; and 45324 Whereas said treaty having been submitted to the Senate 45325 for its constitutional action thereon, the Senate did, on the sev- 45326 enteenthday of August, one thousand eight hundred and forty- 45327 two, advise and consent to the ratification of said treaty with 45328 certain amendments ; and 45329 Whereas the said Indians did, by their chiefs and counsel- 45330 lors, in fall council assembled, on the sixteenth day of Sep- 45331 tember, one thousand eight hundred and forty-two, give their 45332 free and voluntary assent to the amendments made by the 45333 Senate in the resolution aforesaid ; which treaty, resolution of 45334 the Senate making the amendments to said treaty, and the 45335 assent of the Indians to said amendments, are in the words 45336 following, to wit : 45337 John Tyler, President of the United States of America, by 45338 John Johnston, formerly agent for Indian affairs, now a citizen of 45339 the State of Ohio, commissioner duly authorized and appointed 45340 to treat with the Wyandott Nation of Indians for a cession of all 45341 their lands lying and being in the States of Ohio and Michi- 45342 gan ; and the duly constituted chiefs, counsellors, and head-men, 45343 of the said Wyandott Nation, in full council assembled, on the 45344 other part, have entered into the following articles and cou- 45345 ditions, viz : 45346 Article 1. The Wyandott Nation of Indians do hereby 45347 cede to the United States all that tract of land situate, lying, 45348 and being in the county of Crawford and State of Ohio, com- 45349 monly known as the residue of the large reserve, being all of 45350 their remaining lauds within the State of Ohio, and containing 45351 one hundred and nine thousand one hundred and forty-four 45352 iicres, more or less. The said nation also hereby cedes to the 45353 United States all their right and title to the Wyandott Eeserve, 45354 on both sides of the river Huron, ia the State of Michigan, con- 45355 taining four thousand nine hundred and ninety-six acres, be the 45356 same more or less, being all the remaining lands claimed or set 45357 apart for the use of the Wyandotts within the State of Michigan ; * 128 I T 1018 45358 and the United States hereby promises to pay the sum of five 45359 hundred dollars towards the expenses of removing the Indians 45360 of the river Huron to Upper Sandusky, but before the latter 453CI clause of this article is binding on the contracting parties, the 45362 consent of the head-men of the river Huron Wyandotts is to be 45363 had in writing. 45364 AUTICLE 2. In consideration of the foregoing cession, the 4a365 United States hereby grant to the aforesaid Wyandott Nation 45366 a tract of land west of the Mississippi Eiver, to contain one 45367 hundred and forty-eight thousand acres, and to be located upon 45368 any lands owned by the United States, now set apart, or may in 45369 future be set apart for Indian use, and not already assigned to 45370 any other tribe or nation. 45371 Article 3. The United States agree to pay the Wyandott 45372 l*fation a perpetual annuity of seventeen thousand five hundred 45373 dollars in specie, the first payment to be made within the present 45374 year, 1842, to enable the nation the more speedily to remove to 45375 their new home in-the West ; this includes all former annuities. 45376 Aktiolb 4. The United States agree to make a permanent 45377 provision of five hundred dollars per annum, for the support of a 45378 school, to be under the direction of the chiefs, and for no other 45379 purpose whatever, the first payment to be made three years 45380 hence, and afterwards at the payment of the annuity in each 45381 succeeding year. 45382 Article 5. The United States agree to pay the Wyandotts 45383 the full value of their improvements in the country hereby ceded 45384 by them in Ohio and Michigan, which valuation shall be made 45385 by two persons to be appointed by the President of the United 45386 States, who shall be sworn faithfully to do justice to the parties, 45387 the amount of such valuation to be paid at any time after the 45388 1st day of April, 1843, as shall be acceptable to the Wyandott 45389 chiefs, to meet their arrangements for emigrating. 45390 Article 6. The United States hereby agree to pay the 45391 debts due by members of the Wyandott Nation to citizens 'of 45392 the United States, amounting to twenty-three thousand eight 45393 hundred and sixty dollars, in conformity to a schedule hereto 45394 annexed. 45395 Article 7. The Wyandotts shall be allowed the use and 45396 occupancy of their improvements until the 1st of April, 1844, on 45397 the condition that they nor any persons claiming or occupying 45398 under them by lease or otherwise shall not commit waste or 45399 damage on the premises hereby ceded, but this is not to prevent 45400 the United States from surveying and selling the land at any 45401 time previous to the said 1st day of April, 1844. 45402 Ar'iicle 8. The United States engage to provide and siip- 45403 port a blacksmith and an assistant blacksmith for the Wyandott 1019 45404 ]!fation, and to furuish annually a sufficient quantity of iron, 45405" steel, coal, files, tools, and all other things necessary and proper 4540(5 in such an establishment, and to erect a suitable shop and house 45407 or houses for the residence of the blacksmith and his assistant. 45408 Article 9, The United States engage to maintain and sup- 45409 port a sub-agent and interpreter to reside among the Wyandotts 45410 to aid them in the protection of their persons and property, and 45411 to manage their intercourse with the Government and citizens 45412 of the United States. 45413 Aeticlb 10. The buildings and farm occupied by the mis- 45414 sion of the Methodist Episcopal Church shall remain in posses- 45415 sion of the present incumbents until the 1st day of April, 1844, 45416 and permission is hereby given to harvest and remove the crop 45417 of fall-grain which may be theu sown. 45418 Akticle 11. All persons identified as members of the 45419 Wyaudott Nation, and their heirs, and who may emigrate to the 45420 west, shall participate equally in the benefits of the annuity, and 45421 all other national privileges, and it is expressly understood that 45422 those who do not emigrate, and any that may hereafter cease to 45423 remain with the nation, will not be entitled to the benefits and 45424 privileges aforesaid. 45425 Article 12. Whereas by the 8th article of the treaty of 45426 Miami Eapids of September 29th, 1817, (proclaimed January 45427 4, 1819; see page 197,) there was granted unto Horouu, or 45428 Cherokee Boy, a Wyandott chief, one section of land, to contain 45429 six hundred and forty acres ; and whereas the said Horonu did 45430 during his life-time sell and convey to James Whitaker one 45431 quarter-section of said land, containing 160 acres, which sale was 45432 confirmed by the President of the United States. The said 45433 Horonu died in the month of March, 1826, having by his last 45434 will bequeathed the remaining three quarter-sections, contain- 45435 ing 480 acres, to Squeendehtee and Sooharress, or Isaac "\Vil- 45436 liams, they being the nearest of kin to the deceased, now to the 45437 intent that the purposes of the testator may be fully complied 45438 witli, it is hereby agreed the 480 acres of laud, as aforesaid, 45439 shall be immediately sold under the directions of the President 45440 of the United States, and the nett proceeds, after deducting all 45441 expenses, be paid over to the heirs aforesaid. 45442 Article 13. The chiefs of the Wyandott Nation hereby 45443 agree to remove their whole people to the west of the Missis- 45444 sippi River without any other cost to the United States than 45445 the sum of ten thousand dollars ; five thousand dollars of which 45446 is to be paid the said chiefs when the first detachment of their 45447 people sets out on their journey to the west, and the remaining 45448 five thousand dollars on the arrival of the whole nation at the 45449 place of their destination in the west. 1020. 45450 Article 14. The United States agree to graut by patent 45451 ill fee-simple to each of the follOwing-named persons, and their 45453 heirs all of whom are Wyandotts by blood or adoption, one sec- 45453 tion of laud of six hundred and forty acres each,outof any lands 45454 west of the Missouri Eiver set apart for Indian use, not already 45455 claimed or occupied by any person or tribe, viz : Silas Armstrong, 45456 John M. Armstrong, Matthew E.Walker, William Walker, Joel 45457 Walker, Charles B. Garrett, George Garrett, George J. Clark, 45458 Irwin P. Long, Ethan A. Long, Joseph L. Tennery, Kobert 45459 Eobertaile, Jared S. Dawson, Joseph jSTewell, John T. Walker, 45460 Peter D. Clark, James Eankin, Samuel McCulloch, Elliot Mc- 45461 Culloch, Isaiah Walker, William M. Tennery, Henry Clay 45462 Walker, Ebenezer Z. Eeed, and Joel Walker Garrett, and to the 45463 follovTing chiefs and councillors one section each: Francis A. 45464 Hicks, James Washington, Squeendehtee, Henry Jaques, Tau- 45465 roonee. Doctor Grey Eyes, George Armstrong^ Warpole, John 45466 Hicks, Peacock, and George Punch. The lands hereby granted 45467 to be selected by the grantees, surveyed and patented at the 45468 expense of the United States, but never to be conveyed by them 45469 or their heirs without the permission of the President of the 45470 United States. 45471 Article 15. The United States agree to pay to William 45472 Walker and Joel Walker, each, the sum of two hundred and 45473 fifty dollars, and to John M. Armstrong the sum of one hundred 45474 and fifty dollars, for services rendered as interpreters in the pro- 45475 gress of the negotiation ; and to Warpole, a former chief of the 45476 Wyandott Nation, one hundred and fifty dollars, money ex- 45477 pended by him as one of the party who accompanied Joseph 45478 McCutchen, a former commissioner of the United States, to the 45479 city of Washington in September, 1839. 45480 Article 16. In the year 1812 the houses, barns, stables, 45481 fences, horses, cattle, and hogs, with farming utensils and house- 45482 hold furniture, to a large amount, the property of the late Will- 45483 iam Walker, of Brownstown, in the Territory of Michigan, was 45484 destroyed by the enemy while in the occupancy of the United' 45485 States forces j and by reason of his attachment to the cause of 45486 his country, being a native citizen, taken prisoner in early life 45487 by the Wyandott Indians, intermarried, and ever afterward liv- 45488 ing among them, the evidence of all which is ample and con- 45489 elusive. There is therefore granted unto Catharine Walker, 45490 widow of the said William Walker, and to his heirs, the sum of 45491 three thousand dollars, in full satisfaction of their claim, to be 45493 paid by the United States to her or them after the ratification 45493 of this treaty. 45494 Article 17. There shall be reserved from sale, and forever 45495 devoted to public use, two acres of ground as near as can be in 1021 45496 a square form, to include th6 stone meeting-house and burying- 45497 ground near to and north of Upper Sandusky, one acre to in- 45498 chide the burying-ground on the bank near the council-house at 45499 Upper Sandusky, and onehalfacretoincludethe burying-ground 45500 onthe farm of Silas Armstrong, which several lots of ground 45501 shall forever remain open and free to all persons for the purpose 45502 of interment and houses of worship, and for no other purposes 45503 whatever. 45504 Article 18. This trenty shall take effect and be obligatory 45503 on the contracting parties as soon as the same shall be ratified 45506 by the President of the United States, by and with the advice 45507 and consent of the Senate thereof. 45508 Proclaimed October 5, 1843. 45509 TREATY WITH THE' WYANDOT INDIANS. 45510 Articles of a convvntion concluded in the city of Wasldngton this 45511 first day of April, one thousand eight hundred and fifty, by 45512 and heticeen Ardavan 8. Loughery, commissioner especially ap- 45513 pointed hy the President of the United States, and the under 45514 signed head , chief and deputies of the Wyandot trihe of Indians, 45515 duly authorised and empoicered to act for their tribe. 45516 Whereas by the treaty of March 17, 1842, (proclaimed 45517 October 5, 1842; see preceding treaty,) between the United 45518 States and the Wyandot Nation of Indians, then chiefly re- 45519 siding within the limits of the State of Ohio, the said nation 45520 of Indians agreed to sell and transfer, and did thereby sell and 45521 transfer, to the United States their reservations of land, one hun- 45522 dred and nine thousand acres of which was in the State of Ohio, 45523 and six thousand acres was in the State of Michigan, and to re- 45524 move to the west of the Mississippi Eiver; and 45525 Whereas among other stipulations it was agreed that the- 45520 United States should convey to said Indians a tract of country 45527 for their permanent settlement in the Indian Territory west of 45528 the Mississippi Eiver, to contain one hundred au [and] forty- eight 45529 thousand acres of land ; and 45530 Whereas the said Indians never did receive the said one 45531 hundred and forty-eight thousand acres of land from the United 45532 States, but were forced to purchase lands from the Delaware 45533 Nation of Indians, which purchase was agreed to and ratified 45534 by the United States : 45535 Now, in order to settle the claim of the Wyandot tribe of 45536 Indians to said land, the United States having appointed A. S. 1022 45537 Loughery a commissioner on their part, who, with the nnder- 45538 signed delegates from the Wyandot Nation, have agreed to the 45539 following treaty : 45540 Article 1. The United States, in consideration that the 45541 Wyandot IS'ation of Indians shall and do hereby release, relin- , 45542 quish, and give ujj all claim to the said one hundred and forty- 45543 eight thousand acres of land agreed to be assigned and given 45544 to them by the treaty of March 17, 1842, hereby stipulate and 45545 agree to pay to the said Wyandot tribe of Indians the sum of 45546 one hundred and eighty-five thousand dollars, being at and after 45547 the rate of one dollar and twenty-five cents per acre, in the nian- 45548 ner and form following, to wit : One hundred thousand dollars 45549 to be invested in United States stocks, bearing five per cent, in- 45550 terest per annum, which interest shall be paid to them at the 45551 time and in the manner in which their present annuities are 45552 paid ; and for the purpose of enabling the Wyandot Indians to 45553 pay and extinguish all their just debts, as well what is now due 45554 to the Delawares for the purchase of their lands as to others, 45555 the balance of said sum, being the sum of eighty-five thousand 45550 dollars, shall be paid to the Wyandot Nation, or on their drafts, 45557 specifically describing for what the drafts are given. 45558 Article 2. All the reasonable expenses attending the ue- 45559 gotiation of this treaty, including a reasonable allowance for the 45560 expenses of the delegation, signers hereto, in coming to Wasli- 45561 ington, whilst here on the business connected herewith, and in 45562 returning jto their nation, shall be defrayed by the United States., 45563 Proclaimed December 30, 1850. 45564 Franklin Pierce, President of the United States of Amer- 45565 ica, to all and singiilar to whom these presents shall come, 45566 greeting : 45567 Whereas a treaty was made and concluded at the city of 45568 Washington on the thirty-first day of January, in the year of our 45569 Lord one thousand eight hundred and fifty-five, by George W. 45570 Manypenny, as commissioner on the part of the United States, 45571 and the following-named chiefs and delegates of the Wyandott 45572 tribe of Indians, viz : Tan-roo-mee, Matthew Mudeater, John 45573 Hicks, Silas Armstrong, George J. Clark, and Joel Walker, 45574 they being thereto duly authorizsed by said tribe, which treaty is 45575 in the words following, to wit : 45576 Articles of agreement and convention made and concluded at 45577 the city of Washington on the thirty-first day of January, 45578 one thousand eight hundred and fifty-five, by George W. 45579 Manypenny, as commissioner on the part of the United 45580 States, and the following-named chiefs and delegates of the 45581 Wyandott tribe of Indians, viz: Tan-roo-mee, Matthew 1023 45582 Mudeator, John Hicks, Silas Armstrong, George J. Clark, 45583 and Joel Walker, they being thereto duly authorized by said 45581 tribe. 45585 Article 1. The Wyaudott Indians having become sufti- 45586 ciently advanced in civilization, and being desirous of becoming 45587 citizens, it is hereby agreed and stipulated that their organiza- 45588 tion and their relations with the United States as an Indian 45589 tribe shall be dissolved and terminated on the ratification of 45590 this agreement, except so far as the further and temporary 45591 continuance of the same may be necessary in the execution of 45592 some of the stipulations herein j and from and after the date of 45593 such ratification the said Wyandott Indians, and each and every 45594 of them, except as hereinafter provided, shall be deemed, and 45595 are hereby declared, to be citizens of the United States, to all 45596 intents and purposes, and shall be entitled to all the rights, 45597 privileges, and immunities of such citizens; and shall in all re- 45593 spects be subject to the laws of the United States aad of the 45599 Territory of Kansas in the same manner as other citizens of 45600 said Territory ; and the jurisdiction of the United States and 45601 of said Territory shall be extended over the Wyandott country 45602 in the same manner as over other parts of said Territory. But 45603 such of the said Indians as may so desire, and make application 45604 accordingly to the commissioners hereinafter provided for, shall 45605 be exempt from the immediate operation of the preceding pro- 45606 visions extending citizenship to the Wyandott Indians, and 45607 shall have continued to them the assistance and protection of 45608 the United States and an Indian agent in their vicinity for 45609 such a limited period or periods of time, according to the cir- 45610 cumstances of the case, as shall be determined by the Commis- 45611 sioner of Indian Affairs ; and on the expiration of such period 45612 or periods the said exemption, protection, and assistance shall 45613 cease; and said persons shall then, also, become citizens of the 45614 United States, with all the rights and privileges, and subject to 45615 the obligations above stated and defined. 45616 Article 2. The Wyandott Nation hereby cede and relin- 45617 quish to the United States all their right, title, and interest in 45618 and to the tract of country situate in the fork of the Missouri 45619 and Kansas Eivers, which was purchased by them of the Dela- 45620 ware Indians, by an agreement dated the fourteenth day of 45621 December, one thousand eight hundred and forty-three, and 45622 sanctioned by a joint resolution of Congress approved July 45623 twenty-fifth, one thousand eigbt hundred and forty-eight, the 45624 object of which cession is, that the said lands shall be subdivided, 45625 assigned, and reconveyed, by patent, in fee-simple, in the manner 45626 hereinafter provided for, to the individuals and members of the 45627 Wyandott Nation, in severalty, except as follows, viz: The por- 1024 45628 tion now enclosed and used as a public burying-ground shall be 45629 permanently reserved and appropriated for that purpose; two 45630 acres, to include the church-building of the Methodist Episcopal 45631 Church, and the present burying-ground connected therewith, 45632 are hereby reserved, granted, and conveyed to that church; and 45633 two acres, to include the church-building of the Methodist Epis- 45634 copal Church, South, are hereby reserved, granted, apd conveyed 45635 to said church. Four acres, at and adjoining the Wyandott 45636 ferry, across and near the mouth of the Kansas Eiver, shall also 45637 be reserved, and, together with the rights of the Wyandotts in 45638 said ferry, shall be sold to the highest bidder among the Wyandott 45639 people, and the proceeds of sale paid over to the Wyandotts. 45640 On the payment of the purchase-money in full, a good and 45641 sufficient title to be secured and conveyed to the purchaser by 45642 patent from the United States. 45643 Article 3. As soon as practicable after the ratification of 45644 this agreement the United States shall cause the lands ceded in 45645 the preceding article to be surveyed into sections, half and 45646 quarter sections, to correspond with the public surveys in the 45647 Territory of Kansas ; and three commissioners shall beappointed, 45648 one by the United States and two bj' the Wyandott council, 45649 ' whose duty it shall be to cause any additional surveys to be 45G50 made that may be necessary, and to make a fair and just division 45651 and distribution of the said lands among all the individuals and 45652 members of the Wyandott tribe, so that those assigned to or 45653 for each shall, as nearly as possible, be equal in quantity, and 45654 also in value, irrespective of the improvements thereon ; and the 45G55 division and assignment of the lands shall be so made as to 45656 include the houses, and, as far as practicable, the other improve- 45657 ments, of each person or family, be in as regular and compact 45658 a form as possible, and include those for each separate family 45659 altogether. The judgment and decision of said commissioners 45660 on all questions connected with the division and assignment of 45661 said lands shall be final. 45662 On the completion of the division and assignment of the 45663 lauds as aforesaid, said commissioners shall cause a plat and 45664 schedule to be made, showing the lands assigned to each family 45665 or individual, and the quantity thereof They shall also make 45G66 up carefully prepared lists of all the individuals and members 45667 of the Wyandott tribe— those of each separate family being 45668 arranged together— which lists shall exhibit, separately, first, 45669 those families, the heads of which the commissioners, after due 45670 inquiry and consideration, shall be satisfied are sufficiently 45671 intelligent, competent, and prudent to control and manage their 45672 £);ffair8 and interests, and also all persons without families. 45673 Second, those families the heads of which are not competent 1025 45674 and proper persons to be entrusted with their shares of the 45675 money payable under this agreement ; and, third, those who 45676 are orphans, idiots, or insane. Accurate copies of the lists of 45677 the second and third of the above classes shall be furnished by 45678 the commissioners to the Wyandott council ; whereupon said 45679 council shall proceed to appoint or designate the proper person 45680 or persons to be recognized .as the representatives of those of .45681 the second class, for the purpose of receiving and properly 45682 applying the sums of money due and payable to or for them, as 45683 hereinafter provided, and also those who are to be entrusted 45684 with the guardianship of the individuals of the third class, and 45685 the custody and management of tbeir rights and interests ; the 45686 said acts or proceedings of the council, duly authenticated, to 45687 be forwarded to the Commissioner of Indian Affairs, and filed in 45688 his office ; and the same shall be annually revised by the said 45689 council, until the payment of the last instalment of the moneys 45690 payable to the Wyandotts under this agreement, and such change 45691 or changes made therein as may, from casualties or otherwise, 45692 become necessary ; such revisions and changes, duly authen- 45693 ticated, to be communicated to, and subject to the approval of 45694 the Commissioner of Indian Affairs. 45695 The said commissioners shall likewise prepare a list of all 45696 such persons and families among the Wyandott people as 45697 may apply to be temporarily exempted from citizenship and 45698 for continued protection and assistance from the United States 45699 and an Indian agent, as provided for in the first article of 45700 this agreement. _ The agent through and by whom such pro- 45701 tection and assistance is to be furnished shall be designated 45702 by the Commissioner of Indian Affairs. 45703 The aforesaid plat and schedule and lists of persons, duly 45704 authenticated by the commissioners, shall be forwarded to the 45705 Commissioner of Indian Affairs and filed in his ofiflce, and 45706 copies of the said plat and schedule and of the list of per- 45707 sons temporarily exempted from citizenship and entitled to 45708 the continued protection and assistance of the United States 45709 and an Indian agent, duly attested by the commissioners, 45710 shall be filed by them in each of the offices of the secretary 45711 of the Territory of Kansas and the clerk of the county in 45712 which the Wyandott lands are situated. 45713 Article 4. On the receipt, by the Commissioner of Indian 45714 Affairs, of the plat and schedule, lists of persons, and of the 45715 first proceedings of the Wyandott council, mentioned in the 45716 next preceding article, patents shall be issued by the General 45717 Land-Office of the United States, under the advisement of the 45718 Commissioner of Indian Affairs, to the individuals of the Wyan- 45719 dott tribe, for the lands severally assigned to them, as provided * 129 I T 1026 45720 for iu the third article of this agreeinentj in the following man- 45721 ner, to wit : To those reported by the commissioners to be com- 45722 patent to be entrusted with the control and management of their 45723 affairs and interests, the patents shall contain an absolute and 45724 unconditional grant in fee-simple, and shall be delivered to 45725 them by the Commissioner of Indian Affairs as soon as they 45726 can be prepared and recorded in the General Land-OfiSce ; but 45727 to those not so competent the patents shall contain an express 45728 condition that the lands are not to be sold or alienated for a 45729 period of five years, and not then without the express consent 45730 of the President of the tJaited States first being obtained ; and 45731 the said patents may be withheld by the Commissioner of Indian 45732 Affairs so long as, in his judgment, their being so withheld 45733 may be made to operate beneficially upon the character and con- 45734 duct of the individuals entitled to them. 45735 Kone of the lands to be thus assigned and patented to the 45736 Wyandotts shall be subject to taxation for a period of five 45737 years from and after the organization of a State government 45738 over the territory where they reside; and those of the incompe- 45739 tent classes shall not be aliened or released for a longer period 45740 than two years, and shall be exempt from levy, sale, or forfeit- 45741 ure, until otherwise provided by State legislation, with the as- 45742 sent of Congress. 45743 Akticle 5. Disinterested persons, not to exceed three, 45744 shall be appointed by the Commissioner of Indian Affairs, to 45745 make a just and fair appraisement of the parsonage houses, and 45746 other improvements connected therewith, on the Wyandott lands 45747 belonging to the Methodist Episcopal Church and the Methodist 45748 Episcopal Church South, the amounts of which appraisements 45749 shall be paid to the said churches, respectively, by the individual 45750 or individuals of the Wyandott tribe to whom the lands on 45761 which said houses and improvements are shall have been as- 45752 signed under the provisions of this agreement ; said payments 45753 to be made within a reasonable time, in one or more instalments, 45754 to be determined by said appraisers ; and, until made in full, no 45755 patent or other evidence of title to the lands so assigned to said 4575G individual or individuals shall be issued or given to them. 45757 Akticle 6. The Wyandott Nation hereby relinquish and 45758 release the United States from all their rights and claims to an- 45759 nuity, school moneys, blacksmith establishments, assistance and 45760 materials, employment of an agent for their benefit, or any other 45761 object or thing of a national character, and from all the stipula- 45762 tions and guarantees of that character, provided for or contained 45763 in former treaties, as well as from any and all other claims or 45764 demands whatsoever, as a nation, arising under any treaty or 45765 transaction between them and the Government of the United 1027 45766 States. lu cousideration of which release aud relinquishment 45767 the United States hereby agree to pay to the Wyandott Nation 45768 the sum of three hundred and eighty thousand dollars, to be 45769 equally distributed and paid to all the individuals and members 45770 of the said nation, in three annual instalments, payable in the 45771 months of October, commencing the present year ; the shares 45772 of the families whose heads the commissioners shall have de- 45773 cided not to be competent or proper persons to receive the same, 45774 and those of orphans, idiots, and insane persons, to be paid to 45775 and receipted for by the individuals designated or appointed by 45776 the Wyandott council to act as their representatives and guard- 45777 ians. 45778 Such part of the annuity, under the treaty of one thousand 45779 eight hundred and forty -two, as shall have accrued, and may re- 45780 main unpaid at the date of the payment of the first of the above- 45781 mentioned instalments, shall then be paid to the Wyandotts, and 45782 be in full and a final discharge of said annuity. 45783 Article 7. The sum of one hundred thousand dollars, invest- 45784 ed under the treaty of one thousand eight hundred and fifty, to- 45785 gether with any accumulation of said principal sum, shall be 45786 paid over to the Wyandotts, in like manner with the three hun- 45787 ■ dred and eighty thousand dollars mentioned in the next pre- 45788 ceding article, but in two equal annual instalments, commencing 45789 one year after the payment of the last instalment of said above- 45790 mentioned sum. In the meantime the interest on the said in- 45791 vested fund, and on any accumulation thereof, together with the 45792 amount which shall be realized from the disposition of the ferry 45793 and the land connected therewith, the sale of which is provided 45794 for in the second article of this agreement, shall be paid over to 45795 the Wyandott council, and applied and expended, by regular 45796 appropriation of the legislative committee of the Wyandott 45797 Nation, for the support of schools, and for other purposes of a 45798 strictly national or public character. 45799 Akticle 8. The persons to be included in the apportion- 45800 ment of the lands and money to be divided and paid under the 45801 provisions of this agreement shall be such only as are actual 45802 members of the Wyandott Nation, their heirs and legal repre- 45803 sentatives, at the date of the ratification hereof, and as are enti- 45804 tied to share in the property and funds of said nation, according 45805 to the laws, usages, and customs thereof. 45806 Article 9. It is stipulated and agreed that each of the in- 45807 dividuals to whom reservations were granted by the fourteenth 45808 article of the treaty of March seventeenth, one thousand eight 45809 hundred and forty-two, or their heirs or legal representatives, 45810 shall be permitted to select and locate said reservation on any 45811 Government lands west of the States of Missouri and Iowa, sub- 1028 45812 ject to pre-emption and settlement, said reservations to be pat- 45813 ented by the United States, in the names of the reservees, as 45814 soon as practicable after the selections are made ; and the res- 45815 ervees, their heirs or proper representatives, shall have the uu- 45816 restricted right to sell and convey the same whenever they may 45817 think proper ; but, in cases where any of said reservees may not 45818 be sufficiently prudent and competent to manage their affairs in 45819 a proper manner, which shall be determined by the Wyandott 45820 council, or where any of them have died leaving minor heirs, 45821 the said council shall appoint proper and discreet persons to act 45822 for such incomi)etent persons and minor heirs in the sale of the 45823 reservations, and the custody and management of the proceeds 45824 thereof, the persons so appointed to have full authority to sell 45825 and dispose of the reservations in such cases, and to mate and 45826 execute a good and valid title thereto. 45827 The selections of said reservations, upon being reported to 45828 the surveyor-general of the district in which they are made, 45829 shall beentered upon the township platsand reported, without de- 45830 lay, to the Commissioner of the General Land-Oflflce, and patents 45831 isisued to the reservees accordingly. And any selection of, set- 45832 tlement upon, or claim to, land included in any of said reserva- 45833 tions made by any other person or persons after the same shall 45834 have been selected by the reservees, their heirs, or legal repre- 45835 sentatives, shall be null and void. 45836 Article 10. It is expressly understood that all the ex- 45837 penses connected with the subdivision and assignment of the 45838 Wyandott lands, as provided for in the third article hereof, or 45839 with any other measure or proceeding which shall be necessary 45840 to carry out the provisions of this agreement, shall be borne 45841 and defrayed by the Wyandotts, except those of the survey of 45842 the lands into sections, half and quarter sections, the issue of 45843 the patents, and the employment of the commissioner to be ap- 45844 pointed by the United States, which shall be paid by the United 45845 States. 45846 Article 11. This instrument shall be obligatory on the con- 45847 tracting parties whenever the same shall be ratified by the Presi- 45848 dent and the Senate of the United States. 45849 Proclaimed March 1, 1855. 1029 4585a WYANDOTS IN OHIO. 45351 Articles of a treaty made and concluded between John A. Bryan, 45852 commissioner on the part of the United States, and William 45853 WalJcer, John Barnett, and Peacock, chiefs and principal men 45854 of the Wyandot tribe of Indians in Ohio, acting for and on 45855 behalf of the said tribe. 45856 Article 1. The Wyandot tribe of Indians in Ohio cede to 45857 the United States a strip of land five miles in extent on the 45858 east end of their reservation in Crawford County, in said State ; 45859 also one section of land lying in Cranberry Swamp, on Broken 45860 Sword Creek, being the one mile square specified and set forth 45801 in the treaty made with the said tribe on the twenty-ninth day 45862 of September, in the year of our Lord one thousand eight hun- 45863 dred and seventeen, (proclaimed January 4, 1819, see page 199;) 45804 also one hundred and sixty acres of land which is to be re- 45805 ceived in the place and stead of an equal quantity set apart in 45806 a supplemental treaty made with the said Indians on the seven - 45807 teenth day of September in the following year, all situate and 45808 being in the said county of Crawford. 45869 Article 2. The said five-mile tract, as also the additional 45870 quantities herein set forth, are each to be surveyed as other pub- 45871 lie lauds are surveyed by the surveyor-general, and to be sold 45872 at such time and place, allowing sixty days' notice of the sale, 45873 as the President may direct. 45874 Article 3. A register and receiver shall be appointed by 45875 the President and Senate, in accordance with the wishes of the 45876 delegation of chiefs, whose duties shall be similar to those of 45877 other registers and receivers. They shall receive such com- 45878 pensation for services rendered, not exceeding five dollars per 45879 . day for every day necessarily employed in the discharge of their 45880 duties, as the President may determine. 45881 Article 4. All expenses incurred in the execution of this 45882 treaty, and in the sale of the lands included in it, shall be de- 45883 frayed out of the funds raised therefrom, including such expenses 45884 and disbursements as may have been incurred by the delegation 45885 to Washington, and such allowance to individuals who have as- 45886 sisted in the negotiation as the chiefs in council, after a full and 45887 fair investigation, may adjudge to be reasonable and just, shall 45888 in all cases be made. 45889 Article 5. Such portion of the monies, not exceeding 45890 twenty thousand dollars, arising from the sales as the chiefs 45891 may deem necessary for the rebuilding of mills, repair and im- 45892 provement of roads, establishing schools, and other laudable 1030 45893 public objects for the improvement of their condition, shall be 45894 properly applied under their direction, and the remainder to be 45895 distributed among the individuals of said tribe as annuities are 45896 distributed. 45897 Article 6. The monies raised by the sales of the lands for 45898 all the above-mentioned objects, except the last, shall be paid 45899 by the receiver on the order of the chiefs; and such order, to- 45900 gether with the receipt of the persons to whom payment shall 45901 be made, shall be the proper voucher for the final settlement of 45902 the accounts of the receiver ; but the funds for the tribe shall 45903 be distributed by the register and receiver to each person enti- 45904 tied thereto. 45905 Aeticle 7. By the 21st article of the treaty concluded at 45906 the foot of the rapids of the Miami of Lake Erie, dated the 45907 twenty-ninth day of September, in the year one thousand eight 45908 hundred and seventeen, (see page 197,j and the schedule 45909 thereunto attached, there was granted to Daonquot, or Half 45910 King; Rontondee, or Warpole; Tayarrontoyea, or Between the 45911 Logs ; Danwautout, or John Hicks ; Mononcue, or Thomas ; 45912 Tayondottauseh, or George Punch; Hondaua-waugh, or Mat- 45913 thews, chiefs of the Wyandot Nation, two sections of land each 45914 within the Wyandot reservation. The aforesaid chiefs, their 45915 heirs or legal representatives, are entitled to and allowed one 45916 section of land each in the above designated tract of five miles 49917 to be selected by them previous to sale, and the same shall be 45918 sold as the other lands are sold, and they allowed to receive the 45919 respective sums arising from said sale. 45920 Article 8. If during the progress of the sale the Indians 45921 are not satisfied with the prices at which the lands sell, the reg- 45922 ister and receiver shall, on the written application of the chiefs, 45923 close the sale, and report the proceedings to the War Depart- 45924 ment, and the President may appoint such other time for the 45925 sale as he may deem proper. 45926 Article 9. The President shall give such directions as he 45927 may jndge necessary for the execution of this treaty, through 45928 the proper Departments of the Government. 45929 Proclaimed May 16, 1836. 45930 WYANDOTS OP BIG SPRING, CRAWFORD COUNTY, 45931 OHIO. 45932 Articles of agreement and convention made and concluded at Mc- 45933 Cutcheonsville, Crawford County, Ohio, on the nineteenth day 45934 of January, 1832, by and between James B. Gardiner, specially 1031 45935 appointed commissioner on the part of the United States, and 45936 the chiefs, head-men, and warriors of the band of Wyandots 45937 residing at the Big Spring, in said county of Crawford, and 45938 owning a reservation of 16,000 acres at that place. 45939 Whereas the said band of Wyandots have become fully cou- 45940 vinced that whilst they remain in their present situation in the 45941 State of Ohio, in the vicinity of a white population, which is 45942 continually increasing and crowding aroun4 them, they cannot 45943 prosper and be happy, and the morals of many of their people 45944 will be daily becoming more and more vitiated, and uuder- 45945 standing that the Government of the United States is willing 45946 to purchase the reservation of land on which they reside, and 45947 for that purpose have deputed the said James B. Gardiner as 45948 special commissioner to treat for a cession of the same : There- 45949 fore, to efifect the aforesaid objects, the said chiefs, head-men, 45950 and warriors, and the said James B. Gardiner, have this day 45951 entered into and agreed upon the following articles of conven- 45952 tion: 45953 Article 1. The band of Wyandots residing at the Big 45954 Spring, in the county of Crawford, and State of Ohio, do hereby 45955 forever cede and relinquish to the United States the reservation 45956 of sixteen thousand acres of land, granted to them by the sec- 45957 ond article of the treaty made at St. Mary's, on the seventeenth 45958 day of September, eighteen hundred and eighteen, (proclaimed 45959 January 7, 1819; see next treaty,) which grant is in the foUow- 45960 ing words, to wit: "There shall be reserved for the use of the 45961 Wyandots residing at Solomon's Town and on Blanchard's Pork 45962 sixteen thousand acres of land, to be laid off in a square form, 45963 on the head of Blanchard's Fork, the centre of which shall be at 45964 the Big Spring, on the road leading from Upper Sandusky to 45965 Fort Findlay." 45966 Article 2. The United States stipulate with the said band 45967 of Wyandots that, as soon as practicable after the ratification 45968 of this treaty, the aforesaid tract of sixteen thousand acres shall 45969 be surveyed into sections, and put into market, and sold in the 45970 ordinary manner of selling the public lands of the United States ; 45971 and when the same shall be sold, or as soon as any part thereof 45972 shall be disposed of, (be the price received therefor more or less,) 45973 there shall be paid to the chiefs, head-men, and warriors sign- 45974 ing this treaty, for the benefl.t of all the said band of Wyandots, 45975 the sum of one dollar and twenty-fl.ve cents per acre for each 45976 and every acre so sold or for sale. The said price shall be paid 45977 in silver, and in the current coin of the United States. 45978 Article 3. For the improvements now made upon said 45979 reservation the United States agree to pay a fair valuation in 1032 45980 money according to the appraisement of Joseph McOutcheon, 45981 esq., (or such person as the Secretary of War may depute for 45982 that purpose,) and an appraiser to be chosen by the said band of 45983 Wyandots. And in case the said appraisers shall not be able 45984 to agree upon any of their valuations, they shall call to their 45985 assistance some competent citizen of the county of Crawford. 45986 Article 4. There shall [be] reserved for Eo-nu-nas, one 45987 of the oldest chiefs of said band, one half section, to contain 45988 three hundred and twenty acres, and to include the improve- 45989 ments where he now lives. 45990 Article 5. It is expressly understood between the present 45991 contracting parties that the said band of Wyandots may, as 45992 they think proper, remove to Canada or to the river Huron, in 45993 Michigan, where they own a reservation of land, or to any place. 45994 they may obtain a right or privilege from other Indians to go. 45995 Article 6. Insomuch as the band of Wyandots herein 45996 treating have separated themselves from the Wyandots at 45997 Upper Sandusky and on Sandusky plains, they ask of the 45998 General Government that there may be a special sub-agent and 45999 protector appointed for them whilst they remain in the State of 46000 Ohio, and they respectfully recommend Joseph McCutcheon, 46001 esq., of the county of Crawford, as a fit and proper person to act 46002 in such capacity ; and that he may have the power to employ 46003 such interpreter as he may think proper in his intercourse with 46004 said band. 46005 Proclaimed April 6, 1832. 46006 WYANDOTS, DELAWARES, 8HAWN0ESB, ETC. 46007 A treaty of peace and friendship between the United States of 46008 America and the tribes of Indians called the Wyandots, Bela- 46009 wares, Shawnoese, Seneca-s, and Miamies. 46010 The said United States of America, by William Henry 46011 Harrison, late a major-general in the Army of the United States, 46012 and Lewis Cass, governor of the Michigan Territory, duly au- 46013 thorised and appointed commissioners for the purpose, and the 46014 said tribes by their head-men, chiefs, and warriors assembled 46015 at Greenville, in the State of Ohio, have agreed to the following 46016 articles, which, when ratified by the President of the United 46017 States, by and with the advice and consent of the Senate there- 46018 of, shall be binding upon them and the said tribes : 46019 Article 1. The United States and the Wyandots, Dela- 46020 wares, Shawnoese, and Senecas give peace to the Miamie Nation 1U33 46021 of Indians, formerly designated as the Miamie Eel Eiver and 46022 Weea tribes ; they extend this indulgence also to the bands of 46023 the Putawatiinies, which adhere to the Grand Sachem Tobinipee, 46024 and to the chief Onoxa, to the Ottawas of Blanchard's Creek, 46025 who have attached themselves to the Shawanoese tribe, and to 46026 such of the said tribe as adhere to the chief called the Wing, in 46027 the neighborhood of Detroit, and to the Kickapoos, under the 46028 direction of their chief's who sign this treaty. 46029 Article 2. The tribes and bands above mentioned engage 46030 to give their aid to the United States in prosecuting the war 46031 against Great Britain and such of the Indian tribes as still con. 46032 tiuue hostile, and to make no peace with either without the 46033 consent of the United States. The assistance herein stipulated 46034 for is to consist of such a number of their warriors from each 46035 tribe as the President of the United States, or any officer having 40036 his authority therefor, may require. 46037 Article 3. The Wyandot tribe, and the Senecas of San- 46038 dusky and Stony Creek, the Delaware and Shawanoese tribes, who 46039 have preserved their fidelity to the United States throughout 46040 the war, again acknowledge themselves under the protection of 46041 the said States, and of no other power whatever ; and agree to 46042 aid the United States in the manner stipulated for in the former 46043 article, and to make no peace but with the consent of the said 46044 States. 46045 Article 4. In the event of a faithful performance of the 46046 conditions of this treaty, the United States will confirm and 46047 establish all the boundaries between their lands and those of 46048 the Wyaudots, Delawares, Sliawanoese, and Miamies as they 46049 existed previously to the commencement of the war. 46050 Proclaimed December 21, 1814. 46051 WYANDOTS, SENECAS, SHAWNESE, AND OTTAWAS. 46052 Articles of a treaty made and concluded at St. Mart/s, in the State 46053 of Ohio, between Lewis Gass and Duncan McArthur, commis- 46054 sioners of the United States, with full power and authority to 46055 hold conferences, and conclude and sign a treaty or treaties, 46056 with all or any of the tribes or nations of Indians within the 46057 boundaries of the state of Ohio, of and concerning all matters 46058 interesting to the United States and the said nations of Indians, 46059 and the sachems, chiefs, and warriors of the Wyandot, Seneca, 46060 Shau-nese, and Ottawas tribes of Indians ; being supplementary 46061 to the treaty made and concluded with the said tribes, and the 46062 Delaicare, Potaioatomie, and Chippewa tribes of Indians, at 46063 the foot of the rapids of the Miami of Lake Erie, on the twenty- *130i T 1034 46064 ninth day of September, in the year of our Lord one thousand 46065 eight hundred and seventeen. 46066 Aeticlb 1. It is agreed between the United States and 46067 the parties hereunto that the several tracts of land described 46068 in the treaty to which this is supplementary, and agreed thereby 46069 to be granted by the United States to the chiefs of the respect- ,46070 ive tribes named therein, for the use of the individuals of the 46071 said tribes, and also the tract described in the twentieth article 46072 of the said treaty, shall not be thus granted, but shall be ex- 46073 cepted from the cession made by the said tribes to the United 46074 States, reserved for the use of the said Indians, and held by 46075 them in the same manner as Indian reservations have been 46076 heretofore held. But [it] is further agreed that the tracts thus 46077 reserved shall be reserved for the use of the Indians named in 46078 the schedule to the said treaty, and held by them and their heirs 46079 forever, unless ceded to the United States. 46080 Article 2. It is also agreed that there shall be reserved 46081 for the use of the Wyandots, in addition to the reservations be- 46082 fore made, tifty-flve thousand six hundred and eighty acres of 46083 land, to be laid off in two tracts, the first to adjoin the south 46084 line of the section of six hundred and forty acres of land hereto- 46085 fore reserved for the Wyandot cliief, the Cherokee Boy, and to 46086 extend south to the north line of the reserve of twelve miles 46087 square, at Upper Sandusky, and the other to adjoin the east 46088 line of the reserve of twelve miles square at Upper Sandusky, 46089 and to extend east for quantity. 46090 There shall also be reserved for the use of the Wyandots 46091 residing at Solomon's Town, and on Blanchard's Fork, in addi- 46092 tion to the reservations before made, sixteen thousand acres of 46093 land, to be laid off in a square form, on the head of Blanchard's 46094 Fork, the centre of which shall be at the Big Spring, on the 46095 trace leading from Upper Sandusky to Fort Findlay, and one 46096 hundred and sixty acres of land, for the use of the Wyandots, 46097 on the west side of the Sandusky Eiver, adjoining the said river, 46098 and the lower line of two sections of land, agreed by the treaty, 46099 to which this is sup))]ementary, to be granted to Elizabeth 46100 Whitaker. 46101 Tiiere shall also be reserved for the use of the Shawnese, 46102 in afldition to the reservations before made, twelve thousand 46103 eight hundred acres of land, to be laid otf adjoining the east 46104 line of their reserve of ten miles square at Wapaughkonetta; 46105 and for the use of the Shawnese and Seuecas, eight thousand 46106 nine hundred and sixty acres of land, to be laid off adjoining 46107 the west line of the reserve of forty-eight square miles at Lewis- 46108 town. And the hist reserve hereby made, and the former reserve 46109 at the same place, shall be equally divided by an east and west 1035 46110 line, to be drawn through the same. And the north half of the 46111 said tract shall he reserved for the use of the Senecas who reside 46112 there, and the south half for the use of the Shawnese who reside 46113 there. 46114 There shall also be reserved for the use of the Senecas, in 46115 addition to the reservations before made, ten thousand acres of 46116 land, to be laid oft' on the east side of the Sandusky Eiver, ad- ■ 46117 joining the south line of their reservation of thirty thousand 46118 acres of land, which begins on the Sandusky Eiver, at the lower 46119 corner of William iSiiicer's section, and excluding therefrom the 46120 said William Spicer's section. 46121 Article 3. It is hereby agreed that the tracts of land, 46122 which by the eighth article of the treaty to which this is sup- 46123 plementary, are to be granted by the United States to the per- 46124 sons therein mentioned, shall never be conveyed, by them or 46125 their heirs, without the permission of the President of the United 46126 States. 46127 Article 4. The United States agree to pay to the Wyau- 46128 dots an additional annuity of five hundred dollars, forever; to 46129 the Shawnese, and to the Senecas of Lewistown, an additional 46130 annuity of one thousand dollars, forever ; and to the Senecas 46131 an additional annuity of five hundred dollars, forever ; and to the 46132 Ottawas an additional annuity of one thousand five hundred dol- 46133 lars, forever. And these annuities shall be paid at the places, 46134 and in the manner prescribed by the treaty to which this is 46135 supplementary. 46136 Article 5. This treaty shall take effect, and be obligatory 46137 on the contracting parties as soon as the same shall be ratified 46138 by the President of the United States, by and with the advice 46139 and consent of the Senate thereof. 46140 Proclaimed January 4, 1819. 46141 WYANDOTS, SENEGAS, AND SHAWNEES. 46142 Articles of agreement and convention, made and concluded at Lewis- 46143 town, in the county of Logan, and State of Ohio, on the twen- 46144 tieth day of July, in the year of our Lord one thousand eight 46145 hundred and thirty-one, by and between James B. Gardiner, 46146 specially appointed commissioner on the part of the United 46147 States, and John McMvain, Indian agent for the Wyandots, 46148 Senecas, and Shawnees, on the one part, and the undersigned 46149 principal chiefs and warriors of the mixed band' of Seneca and 46150 Shawnee Indians residing at and around the said Lewistown, 46151 of the other part, for the cession of the lands now otcned and 1036 46152 46153 46154 46155 46156 46157 46158 46159 46160 46161 46162 46163 46164 46165 46166 46167 46168 46169 46170 46171 46172 46173 46174 46175 46176 46177 46178 46179 46180 46181 46182 46183 46184 46185 46186 46187 46188 46189 46190 46191 46192 46193 46194 46195 46196 46197 occupied by said band, lying on the waters of the Great Miami River, and within the territorial limits of the organized county of Logan, in said State of Ohio. Whereas the President of the United States, under the authoritory of the act of Congress approved May 28th, 1830, has appointed a special commissioner to confer with the different Indian tribes residing within the constitutional limits of the State of Ohio, and to offer for their acceptance the provisions contained in the before recited act; aud whereas the mixed baud or tribes of Seneca and Shawnee Indians residing at and around Lewistowu in said State have expressed their perfect asseut to the conditions of said act, and their willingness and anxiety to remove west of the Mississippi Eiver, in order to obtain a morepermauent aud advantageous home for themselves and their posterity : Therefore, in order to carry into effect the aforesaid objects, tiie following articles have been agreed upon by the aforesaid contracting parties ; which, when approved by the President and ratified by the Senate of the United States, shall be mutually binding upon the United States and the said Seneca and Shawnee Indians. Article 1. The Seneca and Shawnee Indians, residing at and around Lewistowu in the State of Ohio, in consideration of the stipulations herein made on the part of the United States, do forever cede, release, and quit-claim to the United States the lands granted to them by patent in fee-simple by the sixth article of the treaty made at the foot of the rapids of the Miami Eiver of Lake Brie, on the twenty ninth day of September, in the year 1817, (see page 197,) containing forty-eight square miles, and described in said treaty as follows: " Beginning at the intersection of the line run by Charles Eoberts in the year one thousand eight hundred and twelve, from the source of the Little Miami Eiver, to the source of the Scioto Eiver, in pursuance of instructions from the commissioners appointed on the part of the United States to establish the western boundary of the Virginia mili- tary reservation, with the Indian boundary-line established by the treaty of Greenville in one thousand seven hundred and ninety-five from the crossings above Fort Lawrence to Laramie's Store, and to run from such intersection, northerly, with the first- mentioned line, so as to include the quantity as nearly in a square form as practicable, after excluding the section of land granted to Kancy Stewart." And the said Senecas and Shawnees also cede to the United States, in manner aforesaid, one other tract of land, reserved for them by the second article of the treaty made at St. Mary's, in Ohio, on the seventeenth of September, in the year 1818, (preceding treaty,) which tract is described in said treaty as follows: " Bight thousand nine hundred and sixty 1037 46198 acres to be laid ofi' adjoining tlie west line of the reserve of forty- 46199 eight square miles at Lewistown." 46200 Article 2. In consideration of the cessions stipulated in 46201 the foregoing article the United States agree to cause the said 46202 band of Senecas and Shawnees, consisting of about three hun- 46203 dred souls, to be removed in a convenient and suitable manner 46204 to the western side of the Mississippi Eiver, and will grant by 46205 patent, in fee-simple, to them and their heirs forever, as long as 46206 they shall exist as a nation and remain on the same, a tract of 46207 land to contain sixty thousand acres, to be located under the 46208 direction of the President of the United States, contiguous to 46209 the lands granted to the Senecas of Sandusky by the treaty 46210 made with them at the city of Washington, on the 28th of Peb- 46211 ruary, 1831, and the Cherokee settlement. The east line of said 46212 tract shall be within two miles of the west line of the lands 46213 granted to the Senecas of Sandusky, and the south line shall 46214 be within two miles of the north line of the lands held by the 46215 Oherokees ; and said two miles between the aforesaid lines, shall 46216 serve as a common passway between the before-mentioned tribes 46217 to prevent them from intruding upon the lands of each other. 46218 Article 3. The United States will defray the expense of 46219 the removal of the said Senecas and Shawnees, and will more- 46220 over supply them with a sufficiency of good and wholesome pro- 46221 visions to support them for one year after their arrival at their 46222 new residence. 46223 Article 4. Out of the flrst sales to be made of the lands 46224 herein ceded by the said Senecas and Shawnees, the United 46225 States will cause a saw-mill and a blacksmith shop to be erected 46226 on the lands granted to the said Indians west of the Mississippi, 46227 with all necessary machinery and tools, to be supported and 46228 kept in operation at the expense of the United States, for the 46229 mutual and sole benefit of the said Senecas and Shawnees, and 46230 the United States will employ a blacksmith to execute the nec- 46231 essary work for the said Indians for such time as the President 46232 of the United States, in his discretion, may think proper. 46233 Article 5. In lieu of the improvements which have been 46234 made on the lands herein ceded, it is agreed that the United 46235 States shall advance to the said Senecas and Shawnees the sum 46236 of six thousand dollars, to be re-imbursed from the sales of the 46237 lands herein ceded by them to the United States. A fair and 46238 equitable distribution of this sum shall be made by the chiefs 46239 of the said Senecas and Shawnees, with the consent of their 46240 tribes in general council assembled, to such individuals of the 46241 tribes as, having left improvements, may be properly entitled to 46242 the same. 46243 Article 6. The live stock, farming utensils, and other chat- 1038 46244 tel property, which the said Senecas and Shawnees now own, and 46245 may not be able to carry with theai, shall be sold under the 46246 superinteudance of some suitable person appointed by the Secre- 46247 tary of War, and the proceeds paid over to owners of such prop- 46248 erty respectively. 46249 Article 7. The said Senecas and Shawnees shall be re- 46250 moved to their new residence under the care and protection of 46251 some competent and proper person, friendly to them and ac- 46352 qnainted with their habits, manners, and customs ; and the chiefs 46253 of the said tribes shall have the privilege of nominating such 46254 person to the President, who, if approved of by him, shall have 46255 cbarge of their conveyance. 46256 Article 8. The United States will expose to public sale to 46257 the highest bidders, in the manner of selling the public lands, 46258 the tracts of land herein ceded by the Senecas and Shawnees ; 46259 and after deducting from the proceeds of such sale the sum of 46260 seventy cents per acre, exclusive of the cost of surveying the 46261 lands, the cost of the saw-mill and blacksmith shop, and the sum of 46262 six thousand dollars to be advanced in lieu of the improvements 46263 on the ceded lands, it is agreed that any balance which may re- 46264 main of the lands after sale as aforesaid, shall constitute a fund 46265 for the future necessities of said tribes, on which the Government 46266 of the United States agree and consent to pay to the chiefs for 46267 the use and general benefit of the said tribes annually, five per 46268 cent, on the amount of the said balance as an annuity. Said fund 46269 to be continued during the pleasure of Congress, unless the 46270 chiefs of the said tribes, by and with the consent of the whole of 46271 their people in general council assembled, should desire that the 46272 fund thus to be created shall be dissolved and paid over to 46273 them, in which case the President shall cause the same to be 48274 paid over, if in his discretion he shall think the happiness and 46275 prosp'irity of said tribes would be promoted therebj'. 46276 Article 9. It is agreed that any annuities accruing to the 46277 said Senecas and Shawnees by former treaties shall be paid to 46278 them at their intended residence west of the Mississippi, under 46279 the direction of the President. 46280 Article lO; In consideration of the former good conduct 46281 and friendly disposition of the aforesaid band of Senecas and 46282 Shawnees towards the American Government, and as an earnest 46283 of the kind feelings and good wishes of their Great Father for 46284 the future welfare *aud happiness of themselves and their pos- 46285 terity, it is agreed that the United States will give them, as 46286 presents, the following articles, to wit : one hundred blankets, 43287 twenty ploughs, oue hundred hoes, fifty axes, ten rifles, twenty 46288 sets of horse gears, and Kussia sheeting sufficient to make forty 46289 tents ; the whole to be delivered to them as soon as practicable 10,^9 46290 after their arrival at their new residence, except the blankets 46291 and the Russia sheeting for the tents, which shall be given at 46292 the time of their setting out on their journey ; all of said articles 46293 to be distributed by the chiefs according to the just claims and 46294 necessities of their people. 46295 Article 11. The lands granted by this agreement and con- 46296 vention to the said band of Senecas and Shawnees shall not be 46297 sold or ceded by them except to the United States. And the 46298 United States guarantee that said lands shall never be within 46299 the bounds of any State or Territory, nor subject to the laws 46300 thereof; and further, that the President of the United States will 46301 cause said tribes to be protected at their new residence against 46302 all interruption or disturbance from any other tribe or nation 46303 of Indians, or from any other person or persons whatever; and 46304 he shall have the same care and superintendence over them in 46305 the country to which they may design to remove, that he has 46306 heretofore had over them at their present place of residence. 46307 Aetcle 12. At the request of the chiefs of the Senecas and 46308 Shawnees, there is granted to James McPherson one half section 46309 of land, to contain three hundred and twenty acres, to be laid ofl' 46310 in such part of the lands here ceded as he may select, so that 46311 the said half section shall adjoin the land heretofore donated to 46312 him near the southeast corner of that part of the lands herein 46313 ceded which was assigned to the Shawnees by the second article 46314 of the treaty made at St. Mary's, on the 17th of September, 46315 1818. And this grant was made in con sideration of the sincere 46316 attachment of the said chiefs and their people for the said James 46317 McPherson, who has lived among them and near them for forty 46318 years, and from whom they have received numerous and valuable 46319 services and benefits ; and also in consideration of the able and 46320 candid manner in which he has explained to the Indians the 46321 policy of the United States in regard to the future welfare and 46322 permanent settlement of the Indian tribes. 46323 Article 13. At the request of the aforesaid chiefs, there is 46324 hereby granted to Henry H. McPherson, an adopted sou of their 46325 nation, a half section of land, to contain three hundred and 40326 twenty acres, to be added to a half section of land granted to 46i27 him by the said chiefs on the 20tU day of March, 1821, and ap- 46328 proved by the President of the United States, which is to be 46329 so laid off as to enlarge the last-mentioned grant to a square sec- 46330 tion. 46331 Article 14. At the special request of the aforesaid chiefs, 46332 one quarter section of land, to contain one hundred Jind sixty 46333 acres, is hereby granted to Martin Lane, their interpreter, who 46334 married a quarter-blood Indian woman, and has lived a long 46335 time among the Senecas. The said quarter section is to be 1040 46336 located under the direction of the President of the United 46337 States. 46338 Article 15. It is understood and agreed by the present con- 46339 tracting parties that the words "the lands heretofore donated to 46340 him" in the twelfth article of this treaty, have direct and sole 46341 reference to a verbal donation heretofore made by the said Sene- 46342 cas and Shawnees to the said McPherson, and that the intention 40343 is that this treaty should conflrni the former as well as the latter 46344 grant, so that the said McPherson is entitled to one whole sec- 46345 tion to be located in the southeast corner of the Shawnee part 46346 of the lands herein ceded as aforesaid. 46347 Proclaimed April 6, 1832. 46348 YAKAMAS. 46349 Treaty between the United States and the Takama Nation of 46350 Indians, concluded at Gamp Stevens, Walla- Walla Valley, 46351 June 9, 1855 ; ratified by the Senate March 8, 1859. 46352 James Buchanan, President of the United States of America, 46353 to all and singular to whom these presents shall come, greet- 46354 ing : 46355 Whereas a treaty was made and concluded at the treaty- 46356 ground, Camp Stevens, Walla- Walla Valley, on the ninth day of 46357 June, in the year one thousand eight hundred and fifty-five, be- 46358 tween Isaac I. Stevens, governor and superintendent of Indian 46359 affairs for the Territory of Washington, on the part of the 46360 United States, and the Uereinafter-named head chief, chiefs, 46361 head-men, and delegates of the Yakaina, Palouse, Pisquouse, 46362 Wenatshapam, Klikatat, Klinqait, Kow-was-say-ee, Li-ay-was, 46363 Skin-pah, Wish-ham, Shyiks, Oche-chotes, Kah-milt-pah, and 46364 Se ap-cat, confederate tribes and bands of Indians, occupying 46365 lands lying in Washington Territory, who, for the purposes of 46366 this treaty, are to be considered as one nation, under the name 46367 of "Yakaina," with Kauiaiakun as its head chief, on behalf of 46368 and acting for said bands and tribes, and duly authorized thereto 46369 by them ; which treaty is in the words and figures following, to 46370 wit: 46371 Articles of agreement and convention made and concluded at 46372 the treaty-ground, Camp Stevens, Walla- Walla Valley, this 46373 ninth day of June, in the year one thousand eight hundred 46374 and flfty-fl\'e, by and between Isaac I. Stevens, governor 46375 and su[)erintendent of Indian affairs for the Territory of 46376 Washington, on the part of the United States, and the 46377 undersigned head chief, chiefs, head-men, and delegates of 1041 46378 the Takama, Palouse, Pisquouse, Wenatshapam, Klikatat, 43379 Klinquit, Kow-was-say-ee, Li-ay-was, Skin-pah, Wish-ham, 46380 Shyiks, Oche-chotes, Kah-milt-pah, and Se-ap-cat, confeder- 46381 ated tribes and bands of Indians, occupying lands herein- 46382 after bounded and described, and lying in Washington 46383 Territory, who for the purposes of this treaty are to be con- 46384 sidered as one nation, under the name of "Yakama, " with 46385 Kamaiakun as its head chief, on behalf of and acting for 46386 said tribes and bands, and being duly authorized thereto by 46387 them. 46388 Article 1. The aforesaid confederated tribes and bands of 46389 Indians hereby cede, relinquish, and convey to the United States 46390 all their right, title, and interest in and to the lands and country 46391 occupied and claimed by them, and bounded and described as 46392 follows, to wit : Commencing at Mount Eanier ; thence northerly 46393 along the main ridge of the Cascade Mountains to the point 46394 where the northern tributaries of Lake Chelan and the southern 46395 tributaries of the Methow Kiver have their rise; thence south- 46396 easterly on the divide between the waters of Lake Che-Ian 46397 and the Methow Eiver to the Columbia Eiver; thence crossing 46398 the Columbia on a true east course to a point whose longitude 46399 is one hundred and nineteen degrees and ten minutes, (119° 10',) 46400 which two latter lines separate the above confederated tribes 46401 and bands from the Oakinakane tribe of Indians ; thence in a 46402 true south course to the forty-seventh (47°) parallel of latitude; 46403 thence east on said parallel to the main Palouse Eiver, which 46404 two latter lines of boundary separate the above confederated 46405 tribes and bands from the Spokanes ; thence down the Palouse 46406 Eiver to its junction with the Moh-hah-ne-she or southern tribu- 46407 tary of the same ; thence in a southesterly direction to the Snake 46408 Eiver at the mouth of the Tucannon Eiver, separating the above 46409 confederated tribes from the Nez Perc^ tribe of Indians ; thence 46410 down the Snake Eiver to its junction with the Columbia Eiver ; 46411 thence up the Columbia Eiver to the " White Banks" below the 46412 Priest's Eapids ; thence westerly to a lake called " La Lac ; "' 46413 thence southerly to a point on the Yakama^Eiver called Toh- 46414 mah-luke; thence in a southwesterly direction to the Columbia 46415 Eiver, at the western extremity of the " Big Island, " between 46416 the mouths of the Umatilla Eiver and Butler Creek ; all which 46417 latter boundaries separate the above confederated tribes and 46418 bands from the Walla- Walla, Cayuse, and Umatilla tribes and 46419 bands of Indians; thence down the Columbia Eiver to midway 46420 between the mouths of White Salmon and Wind Eivers ; thence 46421 along the divide between said rivers to the main ridge of the 46422 Cascade Mountains ; and thence along said ridge to the place of 40423 beginning. * 131 I T 1042 46424 Article 2. There is, however, reserved from the lands 46425 above ceded for the use and occupation of the aforesaid con- 46426 federated tribes and bands of Indians, the tract of land included 46427 -within the following boundaries, to wit: Commencing on the 46428 Takama Eiver, at the month of the Attah-nam River; thence 46429 westerly along said Attah-nam Eiver to the forks; thence along 46430 the southern tributary to the Cascade Mountains; thence south- 46431 erly along the main ridge of said mountains, passing south and 46432 east of Mount Adams, to the spur whence flows the waters of the 46433 Klickatat and Pisco Eivers; thence down said spur to the divide 46434 between the waters of said rivers; thence along said divide to 46435 the divide separating the waters of the Satass Eiver from those 46436 flowing into the Columbia Eiver; thence along said divide to 46437 the main Yakama, eight miles below the mouth of the Satass 46438 Eiver; and thence up the Yakama Eiver to the place of begin- 46439 ning. 46440 All which tract shall be set apart and, so far as necessary, 46441 surveyed and marked out, for the exclusive use and benefit of 46442 said confederated tribes and bands of Indians, as an Indian res- 46443 ervation ; nor shall any white man, excepting those in the employ- 46444 ment of the Indian Department, be permitted to reside upon the 46445 said reservation without permission of the tribe and the super- 46446 intendent and agent. And the said confederated tribes and 46447 bands agree to remove to and settle upon the same within one 46448 year after the ratification of this treaty. In the mean time it 46449 shall be lawful for them to reside upon any ground not in the 46450 actual claim and occnpation of citizens of the United States ; and 46451 upon any ground claimed or occupied, if with the permission of 46452 the owner or claimant. 46453 Guaranteeing, however, the right to all citizens of the United 46454 States to enter upon and occupy as settlers any lands not actu- 46455 ally occupied and cultivated by said Indians at this time, and 46456 not included in the reservation above named. 46457 And provided, That any substantial improvements hereto- 46458 fore made by any Indian, such as fields enclosed and cultivated, 46459 and houses erected upon the lands hereby ceded, and which he 46460 may be compelled to abandon in consequence of this treaty, shall 46461 be valued, under the direction of the President of the United 46462 Statlis, and payment made therefor in money ; or improvements 46463 of an equal value made for said Indian upon the reservation. 46464 And no Indian will be required to abandon the improvements 46465 aforesaid, now occupied by him, until their value in money or 46466 improvements of an equal value shall be furnished him as afore- 46467 said. 46468 Aeticle 3. And provided, That, if necessary for the public 46469 convenience, roads may be run through the said reservation ; 1043 46470 and on the other hand, the right of way, with free access from 46471 the same to the nearest pablic highway, is secured to them ; as 46472 also the right, in common with citizens of the United States, to 46473 travel upon all public highways. 46474 The exclusive right of taking fish in all the streams, where 46475 running through or bordering said reservation, is further secured 46476 to said confederated tribes and bands of Indians, as also the 46477 right of taking fish at all usual and accustomed places, in 46478 common with the citizens of the Territory, and of erecting tern- 46479 porary buildings for curing them ; together with the privilege of 46480 hunting, gathering roots and berries, and pasturing their horses 46481 and cattle upon open and unclaimed land. 46482 Article 4. In consideration of the above cession, the 46483 United States agree to pay to the said confederated tribes and 46484 bands of Indians, in addition to the goods and provisions distrib- 46485 uted to them at the time of signing this treaty, the sum of two 46486 hundred thousand dollars, in the following manner, that is to say : 46487 Sixty thousand dollars, to be expended under the direction of the 46488 President of the United States the first year after the ratiflca- 46489 tion of this treaty, in providing for their removal to the reserva- 46490 tion, breaking up and fencing farms, building houses for them, 46491 supplying them with provisions and a suitable outfit, and for 46492 such other objects as he may deem necessary, and the remainder in 46493 annuities as follows : For the first five years after the ratification 46494 of the treaty, ten thousand dollars each year, commencing Sep- 46495 tember first, 1856 ; for the next five years, eight thousand dollars 46496 each year ; for the next five years, six thousand dollars per year ; 46497 and for the next five years, four thousand per year. 46498 All which sums of money shall be applied to the use and 46499 benefit of said Indians under the direction of the President of 46500 the United States, who may from time to time determine, at his 46501 discretion, upon what beneficial objects to expend the same for 46502 them. And the superintendent of Indian. affairs; or other proper 46503 officer, shall each year inform the President of the wishes of the 46504 Indians in relation thereto. 46505 Article 5. The United States further agree to establish at 46506 suitable points within said reservation, within one year after the 46507 ratification hereof, two schools, erecting the necessary buildings, 46508 ieeping them in repair, and providing them with furniture, books 46509 and stationery, one of which shall be an agricultural and indus- 46510 trial school, to be located at the agency, and to be free to the 46511 children of the said confederated tribes and bands of ludians, 46512 and to employ one superintendent of teaching and two teachers ; 46513 to build two blacksmiths' shops, to one of which shall be attached 46514 a tin-shop, aud to the other a gunsmith's shop ; one carpenter's 46515 shop, one wagon and plough maker's shop, and to keep the same 1044 46516 in repair and famished with the necessary tools; to employ one 46517 superintendent of farming and two farmers, two blacksmiths, 46518 one tinner, one gunsmith, one carpenter, one wagon and plough 46519 maker, for the instruction of the Indians in trades and to assist 46520 them in the same; to erect one saw-mill and one flouring-mill, 46521 keeping the same in repair and furnished with the necessary 46522 tools and fixtures ; to erect a hospital, keeping the same in repair 46523 and provided with the necessary medicines and furniture, and 46524 to employ a physician; and to erect, keep in repair, and provided 46525 with the necessary furniture, the building required for the accom- 46526 modation of the said employees. The said buildings and estab- 46527 lishments to be maintained and kept in repair as aforesaid, and 46528 the employees to be kept in service for tlie period of twenty 46529 years. 46530 And in view of the fact that the head chief of the said con- 46531 federated tribes and bands of Indians is expected, and will be 46532 called upon to perform many services of a public character, 46533 occupying much of his time, the United States farther agree to 46534 pay to the said confederated tribes and bands of Indians five 46535 hundred dollars per year, for the term of twenty years after the 46536 ratification hereof, as a salary for such person as the said con- 46537 federated tribes and bands of Indians may select to be their 46538 head chief, to build for him at a suitable point on the resei'va- 46539 tion a comfortable house, and properly furnish the same, and to 46540 plough and fence ten acres of laud. The said salary to be paid 46541 to, and the said house to be occupied by, such head chief so long 46542 as he may continue to hold that ofBce. 46543 And it is distinctly understood and agreed that at the time 46544 of the conclusion of this treaty Kamaiakuu is the duly elected 46545 and authorized head chief of the confederated tribes and bands 46546 aforesaid, styled the Takama Nation, and is recognized as suoh 46547 by them and by the commissioners on the part of the United 46548 States holding this treaty; and all the expenditures and ex- 46549 penses contemplated in this article of this treaty shall be defrayed 46550 by the United States, and shall not be deducted from the au- 46551 unities agreed to be paid to said confederated tribes and bands 46552 of Indians. Nor shall the cost of transporting the goods for the 46553 annuity payments be a charge upon the annuities, but shall bo 46554 defrayed by the United States. 46555 Aeticlb 6. The President may, from time to time, at his 46556 discretion, cause the whole or such portions of such reservation 46557 as he may think proper, to be surveyed into lots, and assign the 46558 same to such individuals or families of the said confederated 46559 tribes and bands of Indians as are willing to avail themselves of 46560 the privilege, and will locate on the same as a permanent home, 46561 on the same terms and subject to the same regulations as are 1045 46562 provided in the sixth article of the treaty with the Omahas, so 46563 far as the same may be applicable. 46564 Article 7. The annuities of the aforesaid confederated 46565 tribes and bands of Indians shall not be taken to pay the debts 46566 of individuals. 46567 Aeticle 8. The aforesaid confederated tribes and bands of 46568 Indians acknowledge their dependence upon the Government of 46569 the United States, and promise to be friendly with all citizens 46570 thereof, and pledge themselves to commit no depredations upon 46571 the property of such citizens. 46572 And should any one or more of them violate this pledge, 46573 and the fact be satisfactorily j)roved before the agent, the prop- 46574 erty taken shall be returned, or in default thereof, or if injured 46575 or destroyed, compensation may be made by the Government 46576 out of the annuities. 46577 Nor will they make war upon any other tribe, except in 46578 self defence, but will submit all matters of difference between 46579 them and other Indians to the Government of the United States 46580 or its agent for decision, or abide thereby. And if any of the 46581 said Indians commit depredations on any other Indians within 46582 the Territory of Washington or Oregon, the same rule shall pre- 46583 vail as that provided in this article in case of depredations 46584 against citizens. And the said confederated tribes and bands 46585 of Indians agree not to shelter or conceal offenders against the 46586 laws of the United States, but to deliver them up to the author- 46587 ities for trial. 46588 Article 9. The said confederated tribes and bands of In- 46589 dians desire to exclude from their reservation the use of ardent 46590 spirits, and to prevent their people from drinking the same, and, 46591 therefore, it is provided that any Indian belonging to said con- 40592 federated tribes and bands of Indians who is guilty of bringing 46593 liquor into said reservation, or who drinks liquor, may have his 40594 or her annuities withheld from him or her for such time as the 46595 President may determine. 46596 Article 10. And provided, That there is also reserved and 46597 set apart from the lands ceded by this treaty, for the use and 4G598 benefit of the aforesaid confederated tribes and bands, a tract 46599 of land not exceeding in quantity one township of six miles 46600 square, situated at the forks of the Pisquouse or Wenatshapam 46601 Eiver, and known as the " Wenatshapam Fishery," which said 46602 reservation shall be surveyed and marked out whenever the 46603 President may direct, and be subject to the same provisions and 46604 restrictions as other Indian reservations. 46605 Article 11. This treaty shall be obligatory upon the con- 46606 tracting parties as soon as the same shall be ratified by the 46607 President and Senate of the United States. 46608 Proclaimed April 18, 1859. 104G 46609 CHOCTAWS AND CHICK AS A WS. 46610 iST. B.— The following treaty ought to appear at page 274. 46611 Articles of convention and agreement made on the seventeenth day 46612 of January, 1837, beticeen the undersigned chiefs and commis- 46613 sioners duly appointed and empotvered by the Choctaw tribe of 46614 red people, and John McLish, Pitman Colbert, James Brown, 46615 and James Perry, delegates of the Chiclcasaw tribe of Indians, 46616 duly authorized by the chief s and head-men of said people for 46617 that purpose, at Boalisville, near Port Towson, in the Choctaic 46618 country, 46619 Article 1. It is agreed by the Choctaws that the Chicka- 46620 saws shall have the privilege of forming a district within the 46621 limits of their country, to be held on the same terms that the 46622 Choctaws now hold it, except the right of disposing of it, (which 46623 is held in common with the Choctaws and Chickasaws,) to be 46624 called the Chickasaw district of the Choctaw Nation ; to have 46625 an equal representation in their general council, and to be placed 46626 on an equal footing in every other respect with any of the other 46627 districts of said nation, except a voice in the management of the 46628 consideration which is given for these rights and privileges; and 46629 the Chickasaw people to be entitled to all the rights and privi- 46630 leges of Choctaws, with the exception of participating in the 46031 Choctaw annuities and the consideration to be paid for these 46632 rights and privileges, and to be subject to the same laws to which 46633 the Choctaws are; but the Chickasaws reserve to themselves 46634 the sole right and privilege of controlling and managing the 46635 residue of their funds as far as is consistent with the late treaty 46636 between the said people and the Government of the United 46637 States, and of making such regulations and electing such officers 46638 for that purpose as they may think proper. 46639 Article 2. The Chickasaw district shall be bounded as fol- 46640 lows, viz : beginning on the north bank of Eed Eiver, at the 46641 mouth of Island Bayou, about eight or ten miles below the 46642 mouth of False Wachitta ; thence running north along the main 46643 channel of said bayou to its source ; thence along the dividing 46644 ridge between the Wachitta and Low Blue Elvers to the road 46645 leading from Fort Gibson to Fort Wachitta; thence along said 46646 road to the line dividing Musha-la-tubbee and Push-meta-haw 46647 districts; thence eastwardly along said district line to the source 46648 of Brushy Creek ; thence down said creek to where it flows into 46649 the Canadian Eiver, ten or twelve miles above the mouth of the 46650 south fork of the Canadian ; thence west along the main Cana- 46651 dian Eiver to its source,, if in the limits of the United States, or 1047 46652 to those limits; and thence due south tOvEed Eiver, and down 46653 Eed River to the beginning. 46654 Article 3. The Chickasaws agree to pay the Choctaws, as a 46655 consideration for these rights and privileges, the sum of. five 46656 hundred and thirty thousand dollars — thirty thousand of which 46657 shall be paid at the time and in the manner that the Choctaw 46658 annuity of 1837 is paid, and the remaining live hundred thou- 46659 sand dollars to be invested in some safe and secure stocks, under 46660 the direction of the Government of the United States, redeem- 46661 able within a period of not less than twenty years — and the 46662 Government of the United States shall cause the interest aris- 46663 ing therefrom to be paid annually to the Choctaws in the follow- 46664 ing manner : twenty thousand dollars of which to be paid as 46665 the present Choctaw annuity is paid, for four years, and the 46666 residue to be subject to the control of the general council of the 46667 Choctaws ; and after the expiration of the four years the whole 46668 of said interest to be subject to the entire control of the said 46669 council. 46670 Article 4. To provide for the future adjustment of all com- 46671 plaints or dissatisfaction which may arise to interrupt the peace 46672 and harmony which have so long and so happily existed between 46673 the Choctaws and Chickasaws, it is hereby agreed by the parties 46674 that all questions relative to the construction of this agreement 46675 shall be referred to the Choctaw agent to be by him decided ; 46676 reserving, however, to either party, should it feel itself aggrieved 46677 thereby, the rights of appealing to the President of the United 46678 States, whose decision shall be final and binding. But as con- 46679 siderable time might elapse before the decision of the President 46680 could be had, in the mean time the decision of the said agent 46681 shall be binding. 46682 Article 5. It is hereby declared to be the intention of th e 46683 parties hereto, that equal rights and privileges shall pertain to 46684 both Choctaws and Oliickasaws to settle in whatever district 46685 they may think proper, and to be eligible to all the different 46686 offices of the Choctaw Nation, and to vote on the same terms in 46687 whatever district they may settle, except that the Choctaws are 46688 not to vote in anywise for officers in relation to the residue of 46689 the Chickasaw fund. 46690 Proclaimed March 24, 1837. 46691 TEEATY OF FORT LAEAMIE. 46692 The following treaty, though never ratified or printed, is 46693 sometimes referred to in appropriations and in other treaties ; 46694 for instance, treaty with the Sioux, Tancton tribe, proclaimed 46695 February 26, 1859. See foot of page 856. 1048 46696 Articles of a treaty made and concluded at Fort Laramie, 46697 in the Indian Territory, between D. D. Mitchell, superintendent 46698 of Indian affairs, and Thomas Fitzpatrick, Indian agent, com- 46699 missioners specially appointed and authorized by the President 46700 of the United States, of the first part, and the chiefs, head- 46701 men, and braves of the following Indian nations, residing south 46702 of the Missouri Eiver, east of the Eocky Mountains, and north 46703 of the lines of Texas and New Mexico, viz, the Sioux or Dah- 46704 cotahs, Oheyennes, Arrapahoes, Crows, Assinaboines, Gros- 46705 Yentre Mandans, and Arrickaras, parties of the second part, on 46706 the seventeenth day of September, A. D. one thousand eight 46707 hundred and fifty-one. 46708 Article 1. The aforesaid nations, parties to this treaty, 46709 having assembled for the purpose of establishing and confirming 46710 peaceful relations amongst themselves, do hereby covenant and 46711 agree to abstain in future from all hostilities whatever against 46712 each other, to maintain good faith and friendship in all their 46713 mutual iutercourse, and to make an eifective and lasting peace. 46714 Article 2. The aforesaid nations do hereby recognize the 46715 right of the United States Government to establish roads, 46716 military and other posts, within their respective territories. 46717 Article 3. In consideration of the rights and privileges 40718 acknowledged in the preceding article, the United States bind 46719 themselves to protect the aforesaid Indian nations against the 46720 commission of all depredations by the people of the said. United 46721 States, after the ratification of this treaty. 46722 Article 4. The aforesaid Indian nations do hereby agree 46723 and bind themselves to make restitution or satisfaction for any 46724 wrongs committed, after the ratification of this treaty, by any 46725 band or individual of their people, on the people of the United 46726 States, whilst lawfully residing in or passing through their re- 46727 spective territot-ies. 46728 Article 5. The aforesaid Indian nations do hereby recognize 46729 and acknowledge the following tracts of country, included 46730 within the metes and boundaries hereinafter designated, fls 46731 their respective territories, viz : 46732 The territory of the Sioux or Dahcotah Nation, commencing 46733 the mouth of the White Earth Eiver, on the Missouri Eiver ; 46734 thence in a southwesterly direction to the forks of the Platte 46735 Eiver ; thence up the north fork of the Platte Eiver to a point 46736 known as the Eed Bute, or where the road leaves the river ; 46737 thence along the range of mountains known as the Black 46738 Hills, to the head-waters of Heart Eiver ; thence down Heart 46739 Eiver to its mouth ; and thence down the Missouri Eiver to the 46740 place of beginning. 46741 The territory of the Gros Ventre, Mandans, and Arrickaras 1049 46742 Nations, commencing at the mouth of Heart Eiver ; thence up 46743 the Missouri Eiver to the mouth of the Yellowstone Eiver; 46744 thence up the Yellowstone Eiver to the mouth of Powder Eiver 46745 in a southeasterly direction, to the head- waters of the Little Mis- 46746 souri Eiver ; thence alonge the Black Hills to the head of Heart -46747 Eiver, and thence down Heart Eiver to the place of beginning. 46748 The territory of the Assinaboin ilSTation, commencing at the 46749 mouth of Yellowstone Eiver ; thence up the Missouri Eiver to the 46750 mouth of the Muscle-shell Eiver ; thence from the mouth of the 46751 Muscle-shell Eiver in a southeasterly direction until it strikes 46752 the head-waters of Big Dry Creek ; thence down that creek to 46753 where it empties into the Yellowstone Eiver, nearly opposite 46754 the mouth of Powder Eiver, and thence down the Yellowstone 46755 Eiver to the place of beginning. 46756 The territory of the Blackfoot Nation, commencing at the 46757 mouth of Muscle-shell EiVer ; thence up the Missouri Eiver to its 46758 source ; thence along the main range of the Eocky Mountains, in 46759 a southerly direction, to the head-waters of the northern source 46760 of the Yellowstone Eiver ; thence down the Yellowstone Eiver 46761 to the mouth of Twenty-five Yard Creek ; thence across to the 46762 head-waters of the Muscle-shell Eiver, and thence down the 46763 Muscle-shell Eiver to the place of beginning. 46764 The territory of the Crow Nation, commencing at the mouth 46765 of Powder Eiver on the Yellowstone ; thence up Powder Eiver to 46766 . its source ; thence along the main range of the Black Hills and 46767 Wind Eiver Mountains to the head-waters of the Yellowstone 46768 Eiver ; thence down the Yellowstone Eiver to the mouth of Twen. 46769 ty-flve Yard Creek ; thence to the head-waters of the Muscle 46770 shell Eiver ; thence down the Muscle-shell Eiver to its mouth ; 46771 thence to the head-waters of Big Dry Creek, and 'thence to its 46772 mouth.^ 46773 The territory of the Cheyennes and Arrapahoes, commenc- 46774 ing at the Eed Bute, or the place where the road leaves the 46775 north fork of the Platte Eiver ; thence up the north fork of the 46776 Platte Eiver to its source ; thence along the main range of the 46777 Eocky Mountains to the head-waters of the Arkansas Eiver ; 46778 thence down the Arkansas Eiver to the crossing of the Santa 46779 F4 road ; thence in a northwesterly direction to the forks of the 46780 Platte Eiver, and thence up the Platte Eiver to the place of 46781 beginning. 46782 It is, however, understood that, in making this recognition 46783 and acknowledgement, the aforesaid Indian nations do not 46784 hereby abandon or prejudice any rights or claims they may have 46785 to other lands ; and further, that they do not surrender the priv- 46786 ilege of hunting, fishing, or passing over any of the tracts of 46787 country heretofore described. *132 I T 1050 46788 Article 6, The parties to the second part of this treaty 46789 having selected principals or head-chiefs for their respective 46790 nations, through whom all national business will hereafter be 46791 conducted, do hereby bind themselves to sustain said chiefs 46792 and their successors during good behavior. 46793 Artiolb 7. In consideration of the treaty stipulations, and 46794 for the damages which have or may occur by reason thereof to 46795 the Indian nations, parties hereto, and for their maintenance 46796 and the improvement of their moral and social customs, the 46797 United States bind themselves to deliver to the said Indian na- 46798 tions the sum of fifty thousand dollars per annum for the term 46799 of ten years, with the right to continue the same at the discre. 46800 tion of the President of the United States for a period not 46801 exceeding five years thereafter, in provisions, merchandise, do- 46802 . mestic animals, and agricultural implements, in such proportions 46803 as may be deemed best adapted to their condition by the Pres- 46804 Ident of the United States, to be distributed in proportion to the 46805 population of the aforesaid Indian nations. 46806 Article 8. It is understood and agreed that should any of 46807 the Indian nations, parties to this treaty, violate any of the 46808 provisions thereof, the United States may withhold the whole 46809 or a portion of the annuities mentioned in the preceding article 46810 from the nation so offending, until, in the opinion of the Pres- 46811 ident of the United States, proper satisfaction shall have been 46812 made. 46813 In testimony whereof the said D. D. Mitchell and Thomas 46814 Fitzpatrick, commissioners as aforesaid, and the chiefs, head- 46815 men, and braves, parties hereto, have set their hands and 46816 affixed their marks, on the day and at the place first above 46817 written. 46818 [The following agreement is conditionally recognized in the 46819 act of February 14, 1873, 17 Statutes at Large, page 457, 46820 where the agreement is confirmed, except the paragraphs third 46821 to ninth, both inclusive, no part of the appropriation to be ex- 46822 pended until the ratification of the agreement by the Indians as 46823 amended. The treaty referred to in the agreement is to be found 46824 at page 909, foot.] 46825 Agreement with the Sisseton and Wahpeton bands of Sioux In- 46826 dians. 46827 Whereas the Sisseton and Wahpeton bands of Dakotah 46828 or Sioux Indians made and concluded a treaty with the United 46829 States, at the City of Washington, D. C, on the 19th day of 46830 February, A. D. 1867, (see page 909,) which was ratified, with 1051 46831 certain amendments, by the Senate of the United States on the 46832 15th day of April, 1867, and finally promulgated by the Presi- 46833 dent of the United States ou the 2d day of May, in the year 46834 aforesaid, by which the Sisseton and "Wahpeton bands of Sioux 46835 Indians ceded to the United States certain privileges and fights 46866 supposed to belong to said bands in the territory described in 46837 article two (2) of said treaty ; and 46838 Whereas it is desirable that all said territory, except the 46839 portion thereof comprised in what is termed the permanent res- 46840 ervations, particularly described in articles three (3) and four 46841 (4) of said treaty, shall be ceded absolutely to the United States 46842 upon such consideration as in justice and equity should be paid 46843 therefor by the United States ; and 46844 Whereas said territory, now proposed to be ceded, is no 46845 longer available to said Indians for the purpose of the chase, 46846 and such value or consideration is essentially necessary in order 46847 to enable said bands interested therein to cultivate portions of 46848 said permanent reservations, and become wholly self-supporting 46849 by the cultivation of the soil and other pursuits of husbandry : 46850 Therefore, the said bands, represented in said treaty, and parties 46851 thereto, by their chiefs and head-men, now assembled in coun- 46852 cil, do propose to M. N. Adams, William H. Forbes, and James 46853 Smith, jr., commissioners on behalf of the United States, as 46854 follows: 46855 First. To cede, sell, and relinquish to the United States all 46856 their right, title, and interest in and to all lands and territory 46857 particularly described in article two (2) of said treaty, as well as 46858 all lands in the Territory of Dakota to which they have title or 46859 interest, excepting the said tracts particularly described and 46860 bounded in articles three (3) and four (4) of said treaty, which 46861 last-named tracts and territory are expressly -reserved as per- 46862 manent reservations for occupancy and cultivation, as con- 46863 templated by articles eight, (8,) nine, (9,) and ten (10) of said 46864 treaty. 46865 Second. That, in consideration of said cession and relin- 46866 quishment, the United States shall advance and pay, annually, 46867 for the term of ten (10) years from and after the acceptance by 46868 the United States of the proposition herein submitted, eighty 46869 thousand (80,000) dollars, to be expended under the direction of 46870 the President of the United States, on the plan and in accordance 46871 with the provisions of the treaty aforesaid, dated February 19, 46872 1867, for goods and provisions, for the erection of manual-labor 46873 and public school-houses, and for the support of manual-labor 46874 and public schools, and in the erection of mills, blacksmith- 46875 shops, and other work-shops, and to aid in opening farms, break. 46876 ing land and fencing the same, and in furnishing agricultural 1052 46877 implements, oxen, and milch-cows, and such other beneficial ob- 46878 jects as may be deemed most conducive to the prosperity and 46879 happiness of the Sisseton and Wahpeton bands of Daliota or 46880 Sioux Indians entitled thereto according to the said treaty of 46881 February 19, 1867. Such annual appropriation or consideration 46882 to be apportioned to the Sisseton and Devil's Lake agencies, in 46883 proportion to the number of Indians of the said bands located 46884 upon the Lake Traverse and Devil's Lake reservations respect- 46885 ively. Such apportionment to be made upon the basis of the 46886 annual reports or returns of the agents in charge. Said con- 46887 sideration, amounting in the aggregate to eight hundred thou- 46888 sand (800,000) dollars, payable as aforesaid, without interest. 46889 Third. As soon as may be the said territory embraced with- 46890 in said reservation described in article four, (4,) (Devil's Lake 46891 reservation,) shall be surveyed, as Government laijds are sur- 46892 veyed, for the purpose of enabling the Indians entitled to acquire 46893 permanent rights in the soil, as contemplated by article five (5) 46894 of said treaty. 46895 Fourth. We respectfully request that, in case the foregoing 46896 propositions are favorably entertained by the United States, the 46897 sale of spirituous liquors upon the territory ceded may be 46898 wholly prohibited by the United States Government. 46899 Fifth. The provisions of article (5) of the treaty of Feb- 46900 ruary 19, 1867, to be modified as follows : An occupancy and 46901 cultivation of five (5) acres, upon any" particular location, for a 46902 term of five (5) consecutive years, shall entitle the party to a 46903 patent for forty acres ; a like occupancy and cultivation of ten 46904 (10) acres, to entitle the party to a patent to eighty acres ; and 46905 a like occupancy and cultivation of any tract, to the extent of 46906 twenty acres, shall entitle the party so occupying and cultivat- 46607 ing to a patent for 160 acres of land. Parties who have already 46908 selected farms and cultivated the same may be entitled to the 46909 benefit of this modification. Patents so issued (as hereinbefore 46910 set forth) shall authorize a transfer or alienation of such lands 46911 situate within the Sisseton agency, after the expiration of ten 46912 (10) years from this date, and within the Devil's Lake reserva- 46913 tion after the expiration of fifteen (15) years, but not sooner. 46914 Sixth. The consideration to be paid, as hereinbefore pro- 46915 posed, is in addition to the provisions of article six (6) of the 46916 treaty of February 19, 1867, under which Congress shall appro - 46917 priate, from time to time, such an amount as may be required 46918 to meet the necessities of said Indians, to enable them to become 46819 civilized. 46920 Seventh. Sections sixteen (16) and thirty-six (36) within the 46921 reservations shall be set apart for educational purposes, and all 1053 46922 children of a suitable age within either reservation shall be com - 46923 pelled to attend school at the discretion of the agents. 46924 Eighth. At the expiration of ten (10) years from this date 46925 all members of said bands under the age of twenty-one years 46926 shall receive 40 acres of land from said permanent reservations 46927 in fee-simple. 46928 Ninth. At the expiration of ten (10) years the President of 46929 the United States shall sell or dispose of all the remaining or jiiA6930 unoccupied lands in the Lake Traverse reservation, (excepting 46931 that which may hereafter be set apart for school purposes ;) the 46932 proceeds of the sale of such lands to be expended for the benefit 46933 of the members of said bands located on said Lake Traverse res- 46934 ervation ; and, at the expiration of fifteen (15) years, the Presi- 46935 dent shall sell or dispose of all the remaining unoccupied lands 46936 (excepting that which may be hereafter set apart for school pur- 46937 poses) in the Devil's Lake reservation ; the proceeds of the sale 46938 of such lands shall be expended for the benefit of all members of 46939 said bands who may be located on the said Devil's Lake res- 46940 ervation. 46941 Executed at Sisseton agency, Dakotah Territory, Lake 46942 Traverse reservation, this 20th day of September, A. D. 1872. 46943 MOSES N. ADAMS, 46944 WM. H. FOEBES, 46945 JAMES SMITH, Je., 46946 Commissioners. KRRATA. Page 152, line 6721, for " 1836," read "1816." Page 396, between lines 17714 and 17715, insert the words " Proclaimed January 5, 1819." Page 398, line 17809, for "January 5, 1819," read " February 13, 1833." Page 436, line 19495, in the blank after the word "page," insert " 375." Page 481, line 21489, for "1835," read "1833." Page 674, between lines 30140 and 30141, insert the words " Treaty made September 19, 1827." Page 922, between lines 41090 and 41091, insert the -words " Six Nations ; " line 41130, for " proclaimed," read " concluded."