Seth M.Gates; SEC. 3. And be it further resolved, That in the settlement of the accounts of Seth M. Gates, postmaster at Warsaw, New York, with the Post-Office Department, the Postmaster-General be, and he is hereby, authorized to allow a credit to the said Seth M. Gates of seven hundred and twenty-six dollars and seventy-three cents, the amount in value of postage stamps belonging to the United States, stolen from the post-office on the sixteenth day of July, eighteen hundred and sixty-seven, while the said Gates was postmaster: Provided, That it shall satisfactorily appear proviso. to the Postmaster-General that the said Gates was guilty of no negligence in the custody of said stamps. APPROVED, March 3, 1869. [No. 31.] Joint Resolution for the Relief of Mrs. Ella E. Hobart. Be it resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That Ella E. Hobart, who was appointed as chaplain to the first regiment of Wisconsin volunteer heavy artillery, shall be entitled to receive the full pay and emoluments of a chaplain in the United States army, for the time during which she faithfully performed the services of a chaplain to said regiment, as if she had been regularly commissioned and mustered into service. APPROVED, March 3, 1869. March 3, 1869. Payment to Ella E. Hobart. VOL. XV. PRIV. - 30 TREATIES. Treaty between the United States and the Confederated Tribes of Sacs and BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: October 1, 1859. A PROCLAMATION. TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL COME, GREETING · WHEREAS a treaty was made and concluded at the Sac and Fox Agency Preamble in the Territory of Kansas, on the first day of October, one thousand eight hundred and fifty-nine, by and between Alfred B. Greenwood, commissioner on the part of the United States, and certain chiefs and headmen hereinafter named representing the confederated tribes of Sacs and Foxes of the Mississippi, which treaty is in the following words, to wit: Articles of agreement and convention made and concluded at the Sac and tribes. Contracting Part of pres to be set apart. Pust, p. 4. Boundaries. ARTICLE I. The Sacs and Foxes of the Mississippi having now more lands than are necessary for their occupancy and use, and being desirous ent reservation of promoting settled habits of industry and enterprise amongst themselves by abolishing the tenure in common by which they now hold their lands, and by assigning limited quantities thereof, in severalty, to the individual members of the tribe, to be cultivated and improved for their individual use and benefit, it is hereby agreed and stipulated that the portion of their present reservation contained within the following boundaries, that is to say beginning at a point on the northern boundary line of their reservation, six miles west of the northeastern corner of the same; running thence due south, to the southern boundary of the same, twenty miles; thence west, and along said southern boundary, twelve miles; thence due north, to the northern boundary of said reservation, twenty miles; and thence east, along said boundary line, twelve miles, to the place of beginning estimated to contain about one hundred and fiftythree thousand and six hundred acres shall be set apart and retained by them for the purposes aforesaid. Assignment to each member of the coufederated tribe; for agent; for school. Locations. ARTICLE II. Out of the lands so set apart and retained there shall be assigned to each member of said confederated tribe, without distinction of age or sex, a tract of eighty acres, to include, in every case, as far as practicable, a reasonable portion of timber. One hundred and sixty acres of said retained lands shall also be set apart and appropriated to the use and occupancy of the agent for the time being of said confederated tribe; and one hundred and sixty acres shall also be reserved for the establishment and support of a school for the education of the youth of the tribe. The location of the tracts, the assignment of which is provided for in this article, shall be made in as regular and compact a manner as possible, and so as to admit of a distinct and well-defined exterior boundary, embracing the whole of them and any intermediate portions or parcels of land or water not included in or made part of the tracts assigned in severalty. Intermediate All such intermediate parcels of land and water shall be owned by the parcels. Sacs and Foxes of the Mississippi in common; but, in case of increase in the tribe, or other cause, rendering it necessary or expedient, the said intermediate parcels of land shall be subject to distribution and assignment in such manner as the Secretary of the Interior may prescribe and direct. The whole of the lands, assigned or unassigned, embraced within said exterior boundary, shall constitute and be known as the reservation of the Sacs and Foxes of the Mississippi; and all laws which have been, or may be, passed by the Congress of the United States regulating trade and intercourse with Indian tribes shall have full force and effect over the same, and no white person, except such as shall be in the employment of the United States, shall be allowed to reside or go upon any portion of said reservation, without the written permission of the superintendent of the central superintendency, or of the agent of the tribe. Lands to be known as, &c. Laws. White persons not to reside thereon except, &c. Division and made. tracts. Tracts not to be disposed of, &c.; ARTICLE III. The division and assignment in severalty among the assignment how Sacs and Foxes of the Mississippi of the land herein before reserved for that purpose shall be made under the direction of the Secretary of the Interior, and his decision of all questions arising thereupon shall be final Certificates for and conclusive. Certificates shall be issued by the commissioner of Indian Affairs for the tracts assigned in severalty, specifying the names of the individuals to whom they have been assigned, respectively, and that the said tracts are set apart for the exclusive use and benefit of the assignees and their heirs. And said tracts shall not be alienated in fee, leased, or otherwise disposed of, except to the United States, or to members of the Sac and Fox tribe, and under such rules and regulations as may be prescribed by the Secretary of the Interior. And said tracts to be exempt, shall be exempt from taxation, levy, sale, or forfeiture, until otherwise provided by Congress. Prior to the issue of the certificates aforesaid, the Secretary of the Interior shall make such rules and regulations as he may deem necessary or expedient respecting the disposition of any of said tracts, in case of the death of the person or persons to whom they may be assigned, so that the same shall be secured to the families of such deceased persons; and should any of the Indians to whom tracts shall be assigned abandon them, the said Secretary may take such action in relation to the proper disposition thereof as, in his judgment, may be necessary and proper. &c. Certain lands ARTICLE IV. For the purpose of establishing the Sacs and Foxes of present reserof the Mississippi comfortably upon the lands to be assigned to them in vation to be sold, and proceeds severalty, by building them houses, and by furnishing them with agriculhow applied. tural implements, stock animals, and other necessary aid and facilities for commencing agricultural pursuits under favorable circumstances, the lands embraced in that portion of their present reservation, not stipulated to be retained and divided as aforesaid, shall be sold, under the direction of the Secretary of the Interior, in parcels not exceeding one hundred and sixty acres each, to the highest bidder, for cash; the sale to be made upon sealed proposals, to be duly invited by public advertisement, and Post, p. 495. Sales, how made. the proceeds thereof to be expended, for the purposes hereinbefore recited, Improvements. in such manner as the Secretary of the Interior may think proper. And should any of the tracts so to be sold have upon them improvements of any kind which were made by or for the Indians, or for government purposes, the proposals therefor must state the price for both the land and the improvements. And if, after assigning to all the members of the tribe entitled thereto their proportion of land in severalty, there shall remain a surplus of that portion of the reservation retained for that purpose, outside of the exterior boundaries of the lands assigned in severalty, the Secretary of the Interior shall be authorized and empowered, whenever he shall think proper, to cause such surplus to be sold in the same manner as the other lands to be so disposed of, and to apply the proceeds of such sale to the purposes and in the mode hereinbefore provided with respect to that portion of their present reservation not retained for distribution. Debts of the paid, &c. ARTICLE V. The Sacs and Foxes of the Mississippi being anxious to relieve themselves from the burden of their present liabilities, and it Indians to be being essential to their best interests that they should be allowed to commence their new mode of life, free from the embarrassments of debt, it is stipulated and agreed that debts which may be due and owing at the date of the signing and execution hereof, either by the said confederated tribes of Sacs and Foxes, or by individual members thereof, shall be liquidated, and paid out of the fund arising from the sale of their surplus lands, so far as the same shall be found to be just and valid on an examination thereof, to be made by their agent and the superintendent of Indian affairs for the central superintendency, subject to revision and correction by the Secretary of the Interior. ARTICLE VI. Should the proceeds of the surplus lands aforesaid If proceeds of insufficient to carry out the purposes and stipulations of this prove lands are insufagreeficient, other ment, and further aid be, from time to time, requisite to enable the Sacs moneys to be and Foxes of the Mississippi to sustain themselves successfully in agri- taken. cultural or other industrial pursuits, such additional means as may be necessary therefor shall be taken from the moneys due and belonging to them under the provisions of former treaties; and so much of said moneys as may be required to furnish them further aid as aforesaid shall be applied in such manner, under the direction of the Secretary of the Interior, as he shall consider best calculated to improve and promote their welfare. And, in order to render unnecessary any further treaty engagements or arrangements hereafter with the United States, it is hereby former treaties may be changed. agreed and stipulated that the President, with the assent of Congress, shall have full power to modify or change any of the provisions of former treaties with the Sacs and Foxes of the Mississippi in such manner and to whatever extent he may judge to be necessary and expedient for their welfare and best interest. Provisions of All members of the tribe to ARTICLE VII. The Sacs and Foxes of the Mississippi, parties to this agreement, are anxious that all the members of their tribe shall par- share herein. ticipate in the advantages herein provided for respecting their improvement and civilization, and to that end to induce all that are now separated to rejoin and reunite with them. It is therefore agreed that, as soon as practicable, the commissioner of Indian Affairs shall cause the necessary proceedings to be adopted to have them notified of this agreement and its advantages, and to induce them to come in and unite with their brethren; and to enable them to do so, and to sustain themselves for a reasonable time thereafter, such assistance shall be provided for them at the expense of the tribe as may be actually necessary for that purpose: Provided, however, That those who do not rejoin and permanently reunite themselves with the tribe within one year from the date within one year of the ratification of this treaty shall not be entitled to the benefit of any of its stipulations. To come in |