Ratification with amendments. And whereas the said treaty having been submitted to the Senate of the United States for its constitutional action thereon, the Senate did, on the twenty-fifth day of July, one thousand eight hundred and sixty-eight, advise and consent to the ratification of the same, with amendments, by a resolution in the words and figures following, to wit: IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES, Resolved, (two thirds of the senators present concurring,) That the Senate advise and consent to the ratification of Articles of Agreement made and concluded the eighteenth day of February, eighteen hundred and sixty-seven, between the United States and the Sac and Fox tribes of Indians, with the following Amendments. Ante, p. 496. Ante, p. 496. Art. V. Art. IX. AMENDMENTS: ARTICLE III. After the words "the interest thereon" insert: "out of the proceeds of the sale of lands ceded in this treaty." ARTICLE IV. Strike out the following words: " And the legal rights of railroad corporations shall be conceded thereon, the same as on other public lands." ARTICLE V. Strike out the words: "and the legal rights of railroad corporations shall accrue thereon." Same article. Strike out the words: "and the scrip referred to in the third article of this treaty shall be received in payment for any of the lands herein ceded to the United States, and not granted to any railroad corporation, at any time after the removal of the Indians, as provided in the seventh article hereof"; and insert in lieu thereof the following words: "Provided, That such lands shall be subject to sale, in tracts of not exceeding one hundred and sixty acres to any one person, and at a price not less than one dollar and fifty cents per acre." Strike out all of Article IX., and insert in lieu thereof as follows: "In order to promote the civilization of the tribe, one section of land, convenient to the residence of the agent, shall be selected by said agent, with the approval of the Commissioner of Indian Affairs, and set apart for a manual labor school; and there shall also be set apart, from the money to be paid to the tribe under this treaty, the sum of ten thousand dollars for the erection of the necessary school buildings and dwelling for teacher, and the annual amount of five thousand dollars shall be set apart from the income of their funds after the erection of such school buildings, for the support of the school; and after settlement of the tribe upon their new reservation, the sum of five thousand dollars of the income of their funds may be annually used, under the direction of the chiefs, in the support of their national government, out of which last-mentioned amount the sum of five hundred dollars shall be annually paid to each of the chiefs." ARTICLE XI. After the words "Thomas J. Miles," strike out the word "and." Same article. After the words "Hattie Miles," insert the words: "Ema-Ke-O-Kuck, Hannie-Ke-O-Kuck, Mo-Co-P-quah." Same article. After the words "each eighty acres," insert the words: "Man-a-tah, Pah-me-che-kaw-paw, Henry Jones, Wilson McKinney, and Carrie C. Capper, each one hundred and sixty acres." Same article. After the words "unimproved lands," insert the following words: 66 Provided, That the parties herein named shall pay to the Secretary of the Interior, within three months after the ratification of this treaty, the sum of one dollar per acre for said lands, the avails of which shall be used for the benefit of the Sacs and Foxes in the same manner as the other funds arising from the sales of their lands: Provided also, That George Powers, the present Government Interpreter, for valuable services rendered and uniform kindness towards the nation, shall have patented to him, in fee simple, three hundred and twenty acres of land, to be located by the agent: Provided also." Same article. After the word "selections," insert the following words: "And on payment therefor as hereinbefore provided." ARTICLE XIII. Strike out the words "Thomas C. Stevens and Company," and insert in lieu thereof the words: "John K. Rankin.” Same article. After the words "agreed that," strike out the word "they." ARTICLE XVI. Strike out the words "or other persons specially," and insert in lieu thereof the words: "to be." ARTICLE XVII. Strike out the words "and have since died," and insert in lieu thereof the words: "not less than one dollar and twenty-five cents per acre." At the end of Article XIX. add the following words: "not to exceed the sum of fifteen hundred dollars." Strike out all of Article XX., and insert in lieu thereof the following words: "The chiefs and headmen of the Sacs and Foxes having permitted their employees to cultivate farms, which, together with the farms of Ke-o-kuck and other chiefs, are embraced within an area two miles by four, and the said Sacs and Foxes believing that the lands comprising the said area having been made valuable by reason of said occupancy, and in order that they may receive a fair compensation for said area of land, bounded and described as follows, except as heretofore specially excepted, and the mill and mission building, to wit: commencing at the northwest corner of section thirty-three, township sixteen, range seventeen, thence east two and a quarter (24) miles to the reservation line; thence south along said line four miles; thence west two and a fourth (21) miles to the southwest corner of section sixteen, township seventeen, range seventeen; thence north along the section line to the place of beginning, are hereby withdrawn from sale, as is provided for the sale of their lands in this treaty, and the said area of land, as above described, shall be sold by the chiefs and agent for the tribe at the best price obtainable; and they are hereby empowered to make warrantee deeds for the same, subject to the approval of the Secretary of the Interior, at not less than two dollars per acre in addition to the appraised value of the improvements. The avails of said lands shall be expended by the agent, under the direction of the chiefs, for the benefit of the nation." Insert the following as an additional article, to wit: Art. XI. Art. XIII. Art. XVI. Art. XVII. Art. XIX. Art. XX. Ante, p. 498. Provisions as to cultivated farms. Art. XXI. "ARTICLE XXI. The Sacs and Foxes of the Mississippi, parties to this agreement, being anxious that all the members of their tribe shall partici- bers of the tribe &c. to be notified of pate in the advantages to be derived from the investment of their national this treaty, funds, sales of lands, and so forth, it is therefore agreed that, as soon as practicable, the Commissioner of Indian Affairs shall cause the necessary proceedings to be adopted, to have such members of the tribe as may be absent notified of this agreement and its advantages, and to induce them to come in and permanently unite with their brethren; and that no part of the funds arising from or due the nation under this or previous treaty stipulations shall be paid to any bands or parts of bands who do not permanently reside on the reservation set apart to them by the Government in the Indian Territory, as provided in this treaty, except those residing in the State of Iowa; and it is further agreed that all money accruing from this or former tribes, [treaties,] now due or to become due said nation, shall be paid them on their reservation in Kansas; and after their removal, as provided in this treaty, payments shall be made at their agency, on their lands as then located." Attest: Amendments assented to. GEO. C. GORHAM, And whereas the foregoing amendments having been fully explained and interpreted to the chiefs of the said tribe of Sac and Fox Indians of the Mississippi, whose names are subscribed to the writing hereto following, they did, on the second day of September, one thousand eight hundred and sixty-eight, give their free and voluntary assent to the said amendments in the words and figures following, to wit: Whereas the Senate of the United States did on the twenty-fifth day of July, one thousand eight hundred and sixty-eight, advise and consent to the ratification of Articles of Agreement made and concluded the eighteenth day of February, one thousand eight hundred and sixty-seven, between the United States and the Sac and Fox tribes of Indians, with the following AMENDMENTS: ARTICLE III. After the words "the interest thereon" insert: "out of the proceeds of the sale of lands ceded in this treaty." ARTICLE IV. Strike out the following words: "and the legal rights of railroad corporations shall be conceded thereon, the same as on other public lands." ARTICLE V. Strike out the words: "and the legal rights of railroad corporations shall accrue thereon." Same article. Strike out the words: "and the scrip referred to in the third article of this treaty shall be received in payment for any of the lands herein ceded to the United States and not granted to any railroad corporation, at any time after the removal of the Indians, as provided in the seventh article hereof"; and insert in lieu thereof the following words: "Provided, That such lands shall be subject to sale in tracts of not exceeding one hundred and sixty acres to any one person and at a price not less than one dollar and fifty cents per acre." Strike out all of Article IX., and insert in lieu thereof as follows: "In order to promote the civilization of the tribe, one section of land, convenient to the residence of the agent, shall be selected by said agent, with the approval of the Commissioner of Indian Affairs, and set apart for a manual labor school, and there shall also be set apart from the money to be paid to the tribe under this treaty, the sum of ten thousand dollars for the erection of the necessary school buildings and dwelling for teacher, and the annual amount of five thousand dollars shall be set apart from the income of their funds, after the erection of such school buildings, for the support of the school; and after settlement of the tribe upon their new reservation the sum of five thousand dollars of the income of their funds may be annually used, under the direction of the chiefs, in the support of their national government, out of which last-mentioned amount the sum of five hundred dollars shall be annually paid to each of the chiefs. ARTICLE XI. After the words "Thomas J. Miles" strike out the word "and." Same article. After the words "Hattie Miles" insert the words: "Emma Ke-o-kuck, Hannie Ke-o-kuck, Mo-Co-P-quah." Same article. After the words "each eighty acres insert the words: "Man-a-tah, Pah-me-che-kaw-paw, Henry Jones, Wilson McKinney, and Carrie C. Capper, each one hundred and sixty acres." Same article. After the words "unimproved lands" insert the following words: "Provided, That the parties herein named shall pay to the Secretary of the Interior within three months after the ratification of this treaty the sum of one dollar per acre for said lands, the avails of which shall be used for the benefit of the Sacs and Foxes in the same manner as the other funds arising from the sales of their lands: Provided, also, That George Powers, the present Government Interpreter, for valuable services rendered and uniform kindness towards the nation, shall have patented to him, in fee simple, three hundred and twenty acres of land, to be located by the agent: Provided, also." Same article. After the word "selections" insert the following words: "and on payment therefor or [as] hereinbefore provided." ARTICLE XIII. Strike out the words "Thomas C. Stephens and Company," and insert in lieu thereof the words: "John K. Rankin.” Same article. After the words "agreed that," strike out the word "they." ARTICLE XVI. Strike out the words "or other persons specially," and insert in lieu thereof the words: "to be." ARTICLE XVII. Strike out the words "and have since died," and insert in lieu thereof the words: "not less than one doHar and twenty-five cents per acre." At the end of Article XIX. add the following words: "not to exceed the sum of fifteen hundred dollars." Strike out all of Article XX., and insert in lieu thereof the following words: "The chiefs and headmen of the Sacs and Foxes having permitted their employees to cultivate farms, which, together with the farms of Ke-o-kuck and other chiefs, are embraced within an area two miles by four, and the said Sacs and Foxes believing that the lands comprising the said area having been made valuable by reason of said occupancy, and in order that they may receive a fair compensation for said area of land, bounded and described as follows, except as heretofore specially excepted, and the mill and mission building, to wit: Commencing at the northwest corner of section thirty-three, township sixteen, range seventeen, thence east two and a quarter (24) miles to the reservation line; thence south along said line four miles; thence west two and a fourth (24) miles to the southwest corner of section sixteen, township seventeen, range seventeen; thence north along the section line to the place of beginning, are hereby withdrawn from sale, as is provided for the sale of their lands in this treaty, and that the said area of land, as above described, shall be sold by the chiefs and agent for the tribe at the best price obtainable; and they are hereby empowered to make warrantee deeds for the same, subject to the approval of the Secretary of the Interior, at not less than two dollars per acre in addition to the appraised value of the improvements. The avails of said lands shall be expended by the agent under the direction of the chiefs for the benefit of the nation. Proclaimed. Insert the following as an additional article, to wit: “ARTICLE XXI. The Sacs and Foxes of the Mississippi, parties to this agreement, being anxious that all the members of their tribe shall participate in the advantages to be derived from the investment of their national funds, sales of lands, and so forth, it is therefore agreed that, as soon as practicable, the Commissioner of Indian Affairs shall cause the necessary proceedings to be adopted, to have such members of the tribe as may be absent, notified of this agreement and its advantages, and to induce them to come in and permanently unite with their brethren, and that no part of the funds arising from or due the nation under this or previous treaty stipulations shall be paid to any bands or parts of bands, who do not permanently reside on the reservation set apart to them by the Government in the Indian Territory, as provided in this treaty, except those residing in the State of Iowa; and it is further agreed, that all money, accruing from this or former tribes, [treaties,] now due or to become due said nation, shall be paid them on their reservation in Kansas; and after their removal, as provided in this treaty, payments shall be made at their agency on their lands as then located." Now, therefore, we the undersigned, chiefs of the said tribe of Sac and Fox Indians of the Mississippi, having had the said amendments read, interpreted, and explained to us, and the same having been fully understood by us, do hereby assent and agree to the same. Witness our hands and seals this second day of September, A. D. one thousand eight hundred and sixty-eight. KEOKUK, Now, therefore, be it known that I, ANDREW JOHNSON, President of the United States of America, do, in pursuance of the advice and consent of the Senate, as expressed in its resolution of the twenty-fifth of July, one thousand eight hundred and sixty-eight, accept, ratify, and confirm the said treaty, with the amendments, as aforesaid. In testimony whereof, I have hereto signed my name, and caused the seal of the United States to be affixed. Done at the city of Washington, this fourteenth day of October, in the [SEAL.] year of our Lord one thousand eight hundred and sixty-eight, and of the Independence of the United States of America the ninety-third. By the President: ANDREW JOHNSON. WILLIAM H. SEWARD, Secretary of State. |
