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concluded at Washington, D. C., on the twenty-seventh day of February, 1867, between the United States, represented by Lewis V. Bogy, Commissioner of Indian Affairs, W. H. Watson, Special Commissioner, Thomas Murphy, Superintendent of Indian Affairs for Kansas, and Luther R. Palmer, United States Indian Agent, duly authorized, and the Pottawatomie tribe of Indians, represented by their chiefs, braves, and headmen, to wit: Mazhee, Mianco, Shawgwe, B. H. Bertrand, J. N. Bourassa, M. B. Beaubien, L. H. Ogee, and G. L. Young, with the following

AMENDMENTS:

Strike out the preamble, and insert in lieu thereof, as follows: Whereas the Pottawatomies believe that it is for the interest of their tribe that a home should be secured for them in the Indian country south of Kansas, while there is yet an opportunity for the selection of a suitable reservation; and whereas the tribe has the means of purchasing such reservation from funds to arise from the sale of lands under the provisions of this treaty, without interfering with the exclusive rights of those of their people who hold their lands in common to the ownership of their diminished reserve, held by them in common, or with their right to receive their just proportion of the moneys arising from the sale of unallotted lands, known as surplus lands: Now, therefore, it is agreed Strike out article II., and insert in lieu thereof as follows:

Ante, p. 531.

Ante, p. 532.

Price of reser

Prairie band.

Proviso.

may purchase

In case the new reservation shall be selected upon the lands purchased by the government from the Creeks, Seminoles, or Choctaws, the price to vation, &c. be paid for said reservation shall not exceed the cost of the same to the government of the United States; and the sum to be paid by the tribe for said reservation shall be taken from the amount which may be received for the lands which were offered for sale to the Leavenworth, Pawnee, and Western Railroad Company, under the treaty dated November fifteen, eighteen hundred and sixty-one, which amount shall be the common property of the tribe, except the Prairie band, who shall have no interest in said reservation, to be purchased as aforesaid, but in lieu thereof shall receive their pro rata share of the proceeds of the sale of said land in money, as the same may be received: Provided, That if the United States shall advance the amount necessary to purchase the said reservation, the interest due upon the deferred payments for said lands, sold as hereinafter provided, shall, when received by the United States, be retained and credited to said tribe interested in said reservation, or so much of said interest as may be due said tribe under this treaty: And provided further, That the Leaven- Atchison, worth, Pawnee and Western Railroad Company, their successors and &c. R. R. Co. assigns, having failed to purchase said lands, the Atchison, Topeka and the lands if, &c. Santa Fé Railroad Company may, within thirty days after the promulgation of this treaty, purchase of the said Pottawatomies their said unallotted lands, except as hereinafter provided, to St. Mary's mission, at the price of one dollar per acre, lawful money of the United States, and upon filing their bond for the purchase and payment of said lands in due form, to be approved by the Secretary of the Interior within the time above named, the said Secretary of the Interior shall issue to the last-named railroad company certificates of purchase, and such certificates of purchase shall be deemed and holden, in all courts, as evidence of title and possession in the said railroad company to all or any part of said lands, payment. unless the same shall be forfeited as herein provided. The said purchasemoney shall be paid to the Secretary of the Interior in trust for said Indians within five years from the date of such purchase, with interest at the rate of six per cent per annum on all deferred payments, until the whole purchase-money shall have been paid; and before any patents shall issue for any part of said lands, one hundred thousand dollars shall be deposited with the Secretary of the Interior, to be forfeited in case the whole of the lands are not paid for as herein provided; (said money may

Conditions

and terms of purchase and

Ante, p. 533.

Settlement of

the estates of those deceased. Ante, p. 533.

Ante, p. 533.

Claims of Pottawatomies to be submitted to

be applied as the payment for the last one hundred thousand acres of said land;) payments shall also be made for at least one fourth of said unallotted lands at the rate of one dollar per acre, and when so paid the President is authorized hereby to issue patents for the land so paid for; and then for every additional part of said land upon the payment of one dollar per acre. The interest on said purchase-money shall be paid annually to the Secretary of the Interior for the use of said Indians. If the said company shall fail to pay the principal when the same shall become due, or to pay all or any part of the interest upon such purchase-money within thirty (30) days after the time when such payment of interest shall fall due, then this contract shall be deemed and held absolutely null and void, and cease to be binding upon either of the parties thereto, and said company and its assigns shall forfeit all payments of principal and interest made on such purchase, and all right and title, legal and equitable, of any kind whatsoever, in and to all and every part of said lands which shall not have been, before the date of such forfeiture, paid for as herein provided: Provided, however, That in case any of said lands have been conveyed to bona fide purchasers by said Atchison, Topeka and Santa Fé Railroad Company, such purchasers shall be entitled o patents for said land so purchased by them upon the payment of one dollar and twenty-five cents per acre therefor, under such rules and regulations as may be prescribed by the Secretary of the Interior.

Strike out all of Article VII.

Strike out all of Article VIII., and insert in lieu thereof as follows: Where allottees under the treaty of eighteen hundred and sixty-one shall have died, or shall hereafter decease, such allottees shall be regarded, for the purpose of a careful and just settlement of their estates, as citizens of the United States, and of the State of Kansas, and it shall be competent for the proper courts to take charge of the settlement of their estates under all the forms and in accordance with the laws of the State, as in the case of other citizens deceased; and in cases where there are children of allottees left orphans, guardians for such orphans may be appointed by the probate court of the county in which such orphans may reside, and such guardians shall give bonds, to be approved by the said court, for the proper care of the person and estate of such orphans, as provided by law.

ARTICLE X. Strike out the following words: "And it is further agreed that the sum of one hundred and sixty-four thousand five hundred and eighty-four dollars, reported by the Secretary of the Interior on the nineteenth day of December, eighteen hundred and sixty-two, in pursuance of an act of Congress approved March second, eighteen hundred and sixtyone, and recommended to be paid, shall be paid to said tribe, to be expended or invested as may be directed by the business committee of the tribe for the benefit of said tribe: Provided, That this last provision shall be of none effect if said amount shall within one year be appropriated under direction by Congress without reference to this treaty"; and insert in lieu thereof the following words:

And it is further agreed that the claims of the Pottawatomies heretofore examined and reported on by the Secretary of the Interior under commissioners. the act of Congress of March two, eighteen hundred and sixty-one, shall be submitted to two commissioners, to be named by the President of the United States, for examination, and said commissioners, after being sworn impartially to decide on said claims, shall make report of their judgment in the premises, together with the evidence taken, to the Secretary of the Interior, and the same shall be communicated to Congress at its next session: Provided, That on part of the money reported due by the said commissioners shall be paid until the same shall be appropriated by Congress.

Ante, p. 534.
Certain per-

sons may pur

At the end of Article XI. insert the following words:

And the said John F. Deils, John Shoemaker, and M. Gillaud shall

the Indians.

have the right to purchase in a compact body ten hundred and thirteen chase lands of 54-100 acres of the unallotted lands at the price of one dollar per acre, to be paid to the Secretary of the Interior, for the use of said tribe, and when the consideration shall be paid as aforesaid the President shall issue patents to said purchasers therefor; and in selecting said ten hundred and thirteen 54-100 acres, said purchasers shall have the preference over all other parties. Attest:

GEO. C. GORHAM,

Secretary,

By W. J. McDONALD.

And whereas the foregoing amendments having been fully explained and interpreted to B. H. Bertrand, a delegate of said Pottawatomie tribe of Indians, duly authorized to act as such, and also to represent the Indians parties to said treaty, he did, on the fourth day of August, one thousand eight hundred and sixty-eight, in behalf of said Indians, give his free and voluntary assent to the said amendments, in the words and figures following, to wit:

Amendments

Whereas the Senate of the United States did, on the twenty-fifth day of July, eighteen hundred and sixty-eight, advise and consent to the rati- assented to. fication of the articles of agreement concluded at Washington, D. C., on the twenty-seventh day of February, eighteen hundred and sixty-seven, between the United States, represented by Lewis V. Bogy, Commissioner of Indian Affairs, W. H. Watson, Special Commissioner, Thomas Murphy, Superintendent of Indian Affairs for Kansas, and Luther R. Palmer, United States Indian Agent, duly authorized, and the Pottawatomie tribe of Indians, represented by their chiefs, braves, and headmen, to wit: Mazhee, Mianco, Shawgwe, B. H. Bertrand, J. N. Bourassa, M. B. Beaubien, L. H. Ogee, and G. L. Young, with certain amendments, as set forth in the resolution of the Senate, dated July twenty-fifth, eighteen hundred and sixty-eight, and hereto annexed; and whereas said amendments have been explained to me, and are fully understood by me: Now, therefore, I, Benjamin H. Bertrand, delegate of said Pottawatomie tribe of Indians, duly authorized to act as such, and also to represent the Indians parties to said treaty, do, for myself, as delegate as aforesaid, and as the authorized representative of the other delegates, who are at present authorized to represent the Pottawatomie tribe of Indians, hereby assent and agree to the said amendments as given in said Senate resolution.

Witness my hand and seal this fourth day of August, in the year
of our Lord one thousand eight hundred and sixty-eight, at Washington,
D. C.
B. H. BERTRAND, [SEAL.]

For himself as delegate, and representing

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Treaty pro

Now, therefore, be it known that I, ANDREW JOHNSON, President claimed. 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 seventh day of August, in the year of our Lord one thousand eight hundred and sixty-eight, [SEAL.] and of the Independence of the United States of America the ninety-third.

By the President:

ANDREW JOHNSON.

W. HUNTER, Acting Secretary of State.

Treaty concerning the Cession of the Russian Possessions in North America
by his Majesty the Emperor of all the Russias to the United States of
America; Concluded March 30, 1867; Ratified by the United States
May 28, 1867; Exchanged June 20, 1867; Proclaimed by the United
States June 20, 1867.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA,
A PROCLAMATION.

WHEREAS a treaty between the United States of America and his Majesty the Emperor of all the Russias was concluded and signed by their respective plenipotentiaries at the city of Washington, on the thirtieth day of March, last, which treaty, being in the English and French languages, is, word for word, as follows:

March 80, 1867,

Preamble.

Contracting

The United States of America Sa Majesté l'Empereur de toutes and His Majesty the Emperor of les Russies et les Etats-Unis d' powers. all the Russias, being desirous of Amérique, désirant raffermir, s'il est strengthening, if possible, the good possible, la bonne intelligence qui understanding which exists between existe entre eux, ont nommé à cet them, have, for that purpose, appoint- effet, pour leurs plénipotentiaires, ed as their Plenipotentiaries: the savoir: Sa Majesté l'Empereur de President of the United States, toutes les Russies, le Conseiller William H. Seward, Secretary of Privé Edouard de Stoeckl, son enState; and His Majesty the Empe- voyé extraordinaire et ministre pléror of all the Russias, the Privy nipotentiaire aux Etats-Unis ; et Councillor Edward de Stoeckl, his le Président des Etats-Unis, le Sieur Envoy Extraordinary and Minister William H. Seward, Secrétaire d' Plenipotentiary to the United States. Etat, lesquels, après avoir échangé And the said Plenipotentiaries, leurs pleins-pouvoirs, trouvés en having exchanged their full powers, bonne et due forme, ont arrêté et which were found to be in due form, signé les articles suivants : have agreed upon and signed the following articles:

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