3 tiers of lots next to Lake Winnebago, and at 5 dollars per acre for the residue of the lands in said township of Stockbridge. Purchasers of lots on which improvements were made by Stockbridge Indians shall pay, in addition to the said minimum price, the appraised value of such improvements. To actual settlers on any of said lots possessing the qualifications requisite to acquire preemption rights, or being civilized persons of Indian descent, not members of any tribe, who shall prove, to the satisfaction of the register of the land district to which the township of Stockbridge shall be attached, that he or she has made improvements to the value of not less than 50 dollars on such lot, and that he or she is actually residing on it; the time of paying the purchase price may be extended for a term not exceeding 3 years from the ratification hereof, as shall be deemed advisable by the President of The United States, provided that no such actual settler shall be permitted to preempt in the manner aforesaid more than 1 lot, or 2 contiguous lots, on which he has proved to have made improvements exceeding the value of 100 dollars. The residue of said lots shall be brought into market as other Government lands are offered for sale, and shall not be sold at a less price than the said minimum price; and all said sales shall be made and the patents provided for in these Articles shall be issued in accordance with the survey made in conformity to said Act of March 3, 1843, unless, in the opinion of the Secretary of the Interior, a new survey shall be deemed necessary and proper. XV. The United States agree to pay, within 1 year after the ratification of this agreement, the appraised value of the improvements upon the lands herein ceded and relinquished to The United States, to the individuals claiming the same, the valuation of such improvements, to be made by a person to be selected by the Superintendent of Indian Affairs for the northern Superintendency, and not to exceed, in the aggregate, the sum of 5,000 dollars. XVI. The hereinafter-named Stockbridge Indians, having become sufficiently advanced in civilization, and being desirous of separating from the Stockbridge tribe, and of enjoying the privileges granted to persons of Indian descent by the State of Wisconsin, and in consideration of ceding and relinquishing to The United States all their rights in the lands and annuities of the Stockbridge tribe of Indians, and in the annuities, 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. The said Mary Hendrick and Levy Konkapot to have the privi lege of joining again the said Stockbridges and Munsees in their new location. XVII. So much of the Treaties of September 3, 1839, and of November 24, 1848, as is in contravention or in conflict with the stipulations of this agreement, is hereby abrogated and annulled. XVIII. This instrument shall be binding upon the Contracting Parties whenever the same shall be ratified by the President and the Senate of The United States. In testimony whereof the said Francis Huebschmann, commissioner as aforesaid, and the Chiefs, headmen, and members of the said Stockbridge and Munsee tribes, and the said delegates of the Munsees of New York, have hereunto set their hands and seals, at the place and on the day and year herein before written. FRANCIS HUEBSCHMANN, Commissioner on the part of The United States. [Signatures of 123 Chiefs.] Signed and sealed in presence of: THEODORE KOVEN, Secretary to Commissioners, and 6 Others. See Amendment inserting the name of John W. Abrams, post, p. 461. Roll and Census made in conformity to Article V of the foregoing Treaty. Census of the Munsees of the Treaty of September 3, Census of Stockbridges and Munsees at Stockbridge, John N. Chicks Titus Mohawk Thomas Snake's widow Austin Half White Clarissa Spragg George Moses Jonathan Waterman Jonathan Titus Levy Halftown Jefferson Halftown Eunice Red Eye John Willson Joshua Willson Jeremiah Slingerland John W. Abrams.... Ziba T. Peters Levy Konkapot Thomas S. Branch Jacob Davids John W. Quinney, jr. Timothy Jourdan John Yoccum George T. Bennet.... Jacob Konkapot Jesse Jourdan Jeremiah Bennet Isaac Jacobs James Joshua Benjamin Pye, 2d..... John P. Hendricks Eli Williams Cornelius Anthony Lewis Hendrick Adam Davids Elias Konkapot Jedediah Wilber William Gardner Polly Bennet Stephen Gardner Simeon Gardner Eleanor Charles Susannah Hendrick Joseph Doxtator NAMES. FRANCIS HUEBSCHMANN, Commissioner on the part of The United States. Roll and Census of Stockbridges and Munsees who prefer to remain at Stockbridge, according to Article XVI. SIR, Department of the Interior, Office Indian Affairs, March 3, 1856. REFERRING to my 2 last Annual Reports, where the embarrassed condition of the Stockbridge and Munsee Indians is discussed, and to the paragraph of the General Indian Appropriation Bill, of the 3rd March, 1855, Stat. at Large, vol. x, p. 699, where there is appropriated, "For the purpose of enabling the President to treat with, and arrange the difficulties existing among the Stockbridge and Munsee Indians, of Lake Winnebago, in the State of Wisconsin, arising out of the Acts of Congress of 3rd March, 1843, and August 6th, 1846, and the Treaty of 24th of November, 1848, in such manner as may be just to the Indians, and with their assent, and not inconsistent with the legal rights of white persons who may reside on the Stockbridge reserve, of the claim of The United States under the Treaty of 1848, the sum of 1,500 dollars;" and also to the Treaty which was made between these Indians and Superintendent Francis Huebschmann, during the last summer, which, for reasons then given you, was disapproved of, I have the honour to send up a Treaty concluded with them, on the 5th ultimo, by Superintendent Huebschmann, the provisions of which are approved by me, and would recommend, if you agree, that it be laid before the President, to the end, if approved by him, that it may be sent to the Senate for its constitutional action thereon. And I herewith transmit a copy of the letter of the Superintendent sending on said Treaty, together with a copy of a power of attorney from certain Munsees to Isaac Durkee, William Mohawk, and Joshua Willson, for purposes therein indicated. I would merely remark, that by locating the Stockbridges in Wisconsin, instead of Minnesota, about 20,000 dollars of expense would be saved in removal, while a location in Minnesota could not be more out of the way of the whites, and the lands there would be worth to the Government at least as much as the price to be paid the Menomonees. Yours respectfully, GEO. W. MANY PENNY, Commissioner. Hon. R. McClelland, Secretary of the Interior. Northern Superintendency, SIR, Milwaukie, February 3, 1856. I HAVE the honour to inclose a Treaty with the Stockbridges and Munsees, concluded in conformity to your instructions. In consequence of the complicated difficulties at Stockbridge, and the factious spirit ruling among the Indians, the task imposed upon me was not an easy one, and required extraordinary patience and forbearance. I believe I have used all proper means to make the |