the Shawnees. the Senecas. the said Shawnees, and to unite with the Senecas, parties to the treaty of separate from February twenty-eighth, one thousand eight hundred and thirty-one, upon Vol. vii. p. 349. their reservation described in article second of said treaty; and the several bands of Senecas will unite their funds into one common fund for the benefit of the whole tribe; and an equitable division shall be made of all funds or annuities now held in common by the Senecas and Shawnees. ARTICLE VI. Of the sum of twenty-four thousand dollars to be paid Payments to to the Senecas, as provided in the second article, the sum of four thousand dollars shall be paid to them immediately after the ratification of this treaty, to enable them to re-establish their homes and provide themselves with agricultural implements, seed, and provisions for themselves and their families; and the balance of the said first-mentioned sum, being twenty thousand dollars, shall be consolidated with the twenty thousand dollars in the first article provided to be paid, and invested for the tribe of Senecas, as constituted by this treaty, at five per cent interest, to be paid per capita semi-annually; and their annuity of five hundred dollars in specie, provided by article four of the treaty of September twenty-ninth, Vol. vii. p. 161. one thousand eight hundred and seventeen, shall likewise become the property of the tribe. ARTICLE VII. The amount annually due the Senecas under the pro- Payments for visions of article four of the treaty of February twenty-eighth, one thou- improvements in agriculture. sand eight hundred and thirty-one, for blacksmith, after their separation from the Shawnees, shall be annually paid to them as a national fund, to enable them to purchase such articles for their wants and improvements in agriculture as the chiefs, with the consent of their agent, may designate; and this provision shall apply' also to the fund for support of a miller belonging to the Senecas heretofore occupying the southernmost reserve referred to in this treaty; and there shall be added to the said fund whatever amount belonging to either band of the Senecas shall be found due and unpaid upon an examination of their accounts with the government, and particularly the amount of bonds and stocks invested in their name; and the interest thereon shall be annually paid to the said Senecas for the purposes mentioned in this article. PROVISIONS RELATING TO THE SHAWNEES. ARTICLE VIII. Of the amount in the third article provided to be paid to the Shawnees by the United States for the lands therein ceded, the sum of two thousand dollars shall be advanced to them to be used in establishing their homes, and the balance of the said amount shall be invested for the said tribe, under the name of Eastern Shawnees, and five per cent be paid semi-annually thereon; and the amount due and unpaid upon the bonds or stocks invested in their name shall be paid to them, as well as the interest thereon hereafter to become due, to be used under the direction of the chiefs, with the consent of the agent, for the purchase of agricultural implements or other articles necessary for the general welfare of the people; and the one half of the blacksmith fund remaining after the division to be made with the Senecas provided for in article five shall remain devoted to the same purpose, and the government will add thereto the sum of five hundred dollars annually for five years. PROVISIONS RELATING TO THE QUAPAWS. ARTICLE IX. Of the amount to be paid to the Quapaws for the lands ceded by them in the fourth article of this treaty, the sum of five thousand dollars shall be paid to them upon the ratification of this treaty, to assist them in re-establishing themselves at their homes upon their remaining reservation; and the balance of said amount shall be invested as a permanent fund at five per cent interest, payable per capita semiannually. Payments to the Shawnees. Payments to the Quapaw3. Wyandottes. Land set apart for the Wyandottes. taken. ARTICLE X. If the Osage mission school should be closed, so that the school fund of the Quapaws cannot be used for them to advantage at that institution, the said fund shall remain in the treasury of the United States until such time as it can, under the direction of the Secretary of the Interior, with the consent of the chiefs, be used to advantage in establishing a school upon their reservation. ARTICLE XI. The amount now due and unpaid for a farmer, under the provisions of the third article of their treaty of May thirteen one thousand eight hundred and thirty-eight [three], may be used by the chiefs and council for the purchase of provisions, farming implements, seed, and otherwise for the purpose of assisting the people in agriculture; and their annual income now paid for farmer shall hereafter be set apart for the purposes of assistance and improvement in agriculture. CLAIMS FOR LOSSES BY THE WAR. ARTICLE XII. Whereas the aforesaid Senecas, mixed Senecas and Shawnees, and Quapaws were driven from their homes during the late war, and their property destroyed, the government being under obligations to protect them, but for the time unable to do so, it is agreed that a commission of not to exceed two persons shall be appointed by the Secretary of the Interior, who shall proceed to their country and make careful investigation of their claims for losses, and make full report of the same to the department; and the Secretary of the Interior shall, upon such report, make such awards as he may deem equitable and just; and upon such award the United States will pay the claimants the amounts declared to be due: Provided, That the sums so paid shall not exceed thirty-five thousand dollars for the Senecas, twenty-five thousand dollars for the Shawnees, and thirty thousand dollars for the Quapaws; and if the awards shall exceed such amounts in either case, the claimants shall be paid pro rata from the amount appropriated. PROVISIONS IN RELATION TO THE WYANDOTTES. ARTICLE XIII. The United States will set apart for the Wyandottes, for their future home, the land ceded by the Senecas in the first article hereof, and described in said article, to be owned by the said Wyandottes in common; and in order to reorganize and provide for the said Wyandottes, many of whom have been in a disorganized and unfortunate Vol. x. p. 1159. condition since their treaty of one thousand eight hundred and fifty-five, it Payment. is provided that there shall be recognized as due and paid to the Wyandottes of all classes the sum of eighty-three thousand eight hundred and fourteen dollars and forty cents, as more particularly stated and described in the Register to be schedule annexed to this treaty, marked "A." A register of the whole people, resident in Kansas and elsewhere, shall be taken by the agent of the Delawares, under the direction of the Secretary of the Interior, on or before the first of July, one thousand eight hundred and sixty-seven, which shall show the names of all who declare their desire to be and remain Indians, and in a tribal condition, together with incompetents and orphans, as Who to consti- described in the treaty of one thousand eight hundred and fifty-five; and all such persons, and those only, shall hereafter constitute the tribe: Provided, That no one who has heretofore consented to become a citizen, nor the wife or children of any such person, shall be allowed to become members of the tribe, except by the free consent of the tribe after its new organization, and unless the agent shall certify that such party is, through poverty or incapacity, unfit to continue in the exercise of the responsibilities of citizenship of the United States, and likely to become a public charge. tute the tribe. Proviso. Amended. Post, p. 526. Upon comple ARTICLE XIV. Whenever the register in the next preceding article tion of register, shall have been completed and returned to the Commissioner of Indian divided. Remainder, plied. Amended. Post, p. 527. Affairs, the amount of money in said article acknowledged to be due to the amount to be Wyandott[e]s shall be divided, and that portion equitably due to the citizens of said people shall be paid to them, or their heirs, under the direction of the Secretary of the Interior; and the balance, after deducting the cost of the land purchased from the Senecas by the first article hereof, how to be apand the sum of five thousand dollars to enable the Wyandott[e]s to establish themselves in their new homes, shall be paid to the Wyandott[e] tribe per capita; and the United States further agree to pay to the said Wyandott[e]s the sum of eleven thousand seven hundred and twentyseven dollars and seventy-four cents, being the amount of taxes levied under the authority of the State of Kansas, contrary to the terms of the treaty of one thousand eight hundred and fifty-five, previous to the organ- Vol. x. p. 1159. ization of the State government and for five years thereafter; in consideration of which the said Wyandott[e], receiving their portion of the said sum, shall in each case relinquish in writing by themselves, or through the Delaware agent as their guardian, all further claim against the United States as to matters relating to the said taxes. sales of lands ARTICLE XV. All restrictions upon the sale of lands assigned and Certain repatented to "incompetent" Wyandott[e]s under the fourth article of the strictions upon treaty of one thousand eight hundred and fifty-five, shall be removed after removed. the ratification of this treaty, but no sale of lands heretofore assigned to orphans or incompetents shall be made, under decree of any court, or other- Vol. x. p. 1161. wise, for or on account of any claim, judgment, execution or order, or for taxes, until voluntarily sold by the patentee or his or her heirs, with the approval of the Secretary of the Interior; and whereas many sales of land belonging to this class have heretofore been made, contrary to the spirit and intent of the treaty of one thousand eight hundred and fifty-five, it is agreed that a thorough examination and report shall be made, under direction of the Secretary of the Interior, in order to ascertain the facts relating to all such cases, and upon a full examination of such report, and hearing of the parties interested, the said Secretary may confirm the said sales, or require an additional amount to be paid, or declare such sales entirely void, as the very right of the several cases may require. PROVISIONS RELATING TO THE OTTAWAS. Ottawas. Sale of land to the Ottawas. Payment. ARTICLE XVI. The west part of the Shawnee reservation, ceded to the United States by the third article, is hereby sold to the Ottawas at one dollar per acre; and for the purpose of paying for said reservation the United States shall take the necessary amount, whenever the area of such land shall be found by actual survey, from the funds in the hands of the government arising from the sale of the Ottawa trust lands, as provided in the ninth article of the treaty of one thousand eight hundred Vol. xii. p. 1240. and sixty-two, and the balance of said fund, after the payment of accounts provided for in article five of the treaty of one thousand eight hundred and sixty-two, shall be paid to the tribe per capita. to members of tended. p. 1237. ARTICLE XVII. The provisions of the Ottawa treaty of one thousand Provisions of eight hundred and sixty-two, under which all the tribe were to become citi- former treaty as zens upon the sixteenth of July, one thousand eight hundred and sixty-seven, the tribe becomare hereby extended for two years, or until July sixteenth, one thousand ing citizens exeight hundred and sixty-nine; but at any time previous to that date any member of the tribe may appear before the United States district court Vol. xii. for Kansas, and declare his intention to become a citizen, when he shall receive a certificate of citizenship, which shall include his family, and thereafter be disconnected with the tribe, and shall be entitled to his proportion of the tribal fund; and all who shall not have made such declaration previous to the last-mentioned date shall be still considered members of the tribe. In order to enable the tribe to dispose of their property in Kansas, and remove to their new homes and establish themselves thereon, patents in fee-simple shall be given to the heads of families, and to all who Payment to individuals for losses. Amended. Post, p. 527. Education and schools. have come of age among the allottees under the treaties of one thousand eight hundred and sixty-two, so that they may sell their lands without restriction, but the said lands shall remain exempt from taxation so long as they may be retained by members of the tribe, down to the said sixteenth July, one thousand eight hundred and sixty-nine; and the chiefs and council of the said tribe shall decide in the case of disputed heirship to real estate, taking as a rule the laws of inheritance of the State of Kansas. ARTICLE XVIII. The United States agree to pay such amount, not exceeding ten thousand dollars, as may be found justly due to the individual Ottawas, for depredations and damages upon their property during the late war, the proof of such losses to be furnished to the Secretary of the Interior, and such amount shall be paid as may be adjudged by him to be equitably due; and the claim of J. T. Jones, for which a bill of appropriation has passed one of the branches of Congress, but which has been withdrawn from before Congress, being for destruction by fire of his dwelling and other property by whites in one thousand eight hundred and fifty-six, shall be allowed and paid to him, amounting to six thousand seven hundred dollars. ARTICLE XIX. The sixth article of the treaty of one thousand eight hundred and sixty-two shall remain unchanged, except as provided in this article. The children of the tribe between the ages of six and eighteen Vol. xii. p. 1238. (6 and 18) shall be entitled to be received at said institution, and to be sub sisted, clothed, educated, and attended in sickness, where the sickness is of such a nature that the patient promises a return to study within a reasonable period; the children to be taught and practised in industrial pursuits, suitable to their age and sex, and both sexes in such branches of learning, and to receive such advantages as the means of the institution will permit; these rights and privileges to continue so long as any children of the tribe shall present themselves for their exercise. And the Secretary of the Interior and the senior corresponding secretary of the American Baptist Home Mission Society shall be members ex officio of the board of trustees, with power to vote in person or by proxy, it being the special intention of this provision to furnish additional supervision of the institution, so that the provisions of this article may be carried into effect in their full spirit and intent. Sale of lands ARTICLE XX. It is further agreed that the remaining unsold portion to Ottawa uni- of trust lands of the Ottawas, amounting to seven thousand two hundred versity. and twenty-one and twenty one-hundredths acres, shall be sold to the trustees of Ottawa University, to be disposed of for the benefit of said institution at the appraised value thereof, and that the said trustees shall have until July sixteenth, one thousand eight hundred and sixty-nine, to dispose of the same and pay to the government the value of said lands: Provided, That the said trustees shall furnish, within thirty days after the ratification of this treaty, to the Secretary of the Interior, a satisfactory bond for the fulfilment of their obligations. Peorias, &c. Purchases of land from the Peorias, &c. to PROVISIONS RELATING TO THE PEORIAS, KASKASKIAS, WEAS, ARTICLE XXI. Whereas certain arrangements have been made by the chiefs of the confederated tribes of Peorias, Kaskaskias, Weas, and Pianreceive patents. keshaws, for the sale to actual settlers of the lands held by them in common, being nine and one half sections, for a reasonable consideration, according to the terms of a certain petition of the said tribe, with schedule annexed, (which schedule is annexed to this treaty and marked “ B,”) dated December twenty-sixth, one thousand eight hundred and sixty-six, filed in the office of the Commissioner of Indian Affairs, it is agreed that the said arrangements shall be carried into full effect, and the purchasers thereunder shall receive patents from the United States for the lands so purchased, upon making full payment for the same to the Secretary of the Interior, and the amount already paid by said purchasers, as appears from said schedule, and in the hands of the chiefs, shall be paid to the Secretary of the Interior, and the whole amount of the purchase-money shall also be paid to the said Secretary on or before the first day of June, one thousand eight hundred and sixty-seven, and shall be held by him for the benefit of the tribe, subject to the provisions of this treaty. ARTICLE XXII. The land in the second and fourth articles of this treaty proposed to be purchased from the Senecas and Quapaws, and lying south of Kansas, is hereby granted and sold to the Peorias, &c. and shall be paid for at the rate paid for the same by the government, out of the proceeds of the nine and a half sections referred to in the last preceding article, adding thereto whatever may be necessary out of other moneys in the hands of the United States belonging to the said Peorias, &c. Lands sold to the Peorias, &c. Indians to re move to new ARTICLE XXIII. The said Indians agree to dispose of their allotments in Kansas and remove to their new homes in the Indian country homes within, within two years from the ratification of this treaty; and to that end the &c. Secretary of the Interior is authorized to remove altogether the restrictions upon the sales of their lands, provided under authority of the third article of the treaty of May thirtieth, one thousand eight hundred and Vol. x. p. 1082. fifty-four, in such manner that adult Indians may sell their own lands, and that the lands of minors and incompetents may be sold by the chiefs, with the consent of the agent, certified to the Secretary of the Interior and approved by him. And if there should be any allotments for which no owner or heir thereof survives, the chiefs may convey the same by deed, the purchase-money thereof to be applied, under the direction of the Secretary, to the benefit of the tribe; and the guardianship of orphan children shall remain in the hands of the chiefs of the tribe, and the said chiefs shall have the exclusive right to determine who are members of the tribe, and entitled to be placed upon the pay-rolls. Amounts due Further ui 1862, ch. 156. Amended. ARTICLE XXIV. An examination shall be made of the books of the Indian office, and an account current prepared, stating the condition of the Indians to be paid them. their funds, and the representations of the Indians for overcharges for sales of their lands in one thousand eight hundred and fifty-seven and one thousand eight hundred and fifty-eight shall be examined, and if any amount is found to be due, such balance, together with the interest of their invested funds, shall be paid to them upon the first of July, one thousand eight hundred and sixty-seven; and in order further to assist them in preparing for removal and in paying their debts, the further lowances. amount of twenty-five thousand dollars shall be at the same time paid to them per capita from the sum of one hundred and sixty-nine thousand six hundred and eighty-six dollars and seventy-five cents, invested for said Indians, under act of Congress of July twelfth, one thousand eight Vol. xii. p. 539. hundred and sixty-two; and the balance of said sum of one hundred and sixty-nine thousand six hundred and eighty-six dollars and seventy-five cents, together with the sum of ninety-eight thousand dollars now invested on behalf of the said Indians, in State stocks of southern States, and the sum of three thousand seven hundred dollars being the balance of interest, at five per cent per annum, on thirty-nine thousand nine hundred and fifty dollars held by the United States from July, one thousand eight hundred and fifty-seven, till vested in Kansas bonds in December, one thousand eight hundred and sixty-one, after crediting five thousand dollars thereon heretofore receipted for by the chiefs of said Indians, shall be and remain as the permanent fund of the said tribe, and five per cent be paid semi-annually thereon, per capita, to the tribe; and the interest due upon the sum of twenty-eight thousand five hundred dollars in Kansas bonds, and upon sixteen thousand two hundred dollars in United States stocks, now held for their benefit, shall be paid to the tribe semi-annually in two equal payments as a permanent school fund income: Provided, That there shall be taken from the said invested fund and paid to the said tribe, Proviso. |
