Ratifi cations to be ex ties, and the ratifications shall be exchanged within two subject to ratifiyears from its date, or sooner, if possible, after having been cation. approve by the President and Senate of the United States, changed within and by the Congress of Peru. two years from In witness whereof, the respective commissioners have date. signed the same, and affixed thereto their seals. 17th March, Done in triplicate at the city of Lima, this seventeenth Signed at Lima day of March, in the year of our Lord one thousand eight 1841. hundred and forty-one. J. C. PICKETT, [SEAL.] changed within constituted au And whereas the seventh article of the said convention re- Ratifications not quired that the ratifications of the contracting parties should having been exbe exchanged within two years from its date, which provi- the time presion was not observed by the said parties owing to delays in scribed by the the ratification rendering such exchange impracticable within 7th article, the the time stipulated: And whereas it appears that the duly thorities of Peru constituted authorities of the Republic of Peru did, on the did, on 21st Oc21st of October, 1845, by law approve in all respects the tober, 1845, ap prove of said said convention, with the condition, however, that the first convention with annual instalment of thirty thousand dollars on account of the certain condiprincipal of the debt recognised thereby, and to which the second article relates, should begin from the 1st of January, 1846, and the interests on this annual sum, according to article III, should be calculated and paid from the 1st of January, 1812: And whereas the said convention and the aforesaid modification thereof have been duly ratified, and the respective ratifications of the same were exchanged in the city of Lim on the thirty-first day of October last, by Albert G. Jewett on the part of the United States, and Manuel del Rio on the part of the Republic of Peru: tions. Ratifications exchanged 31st October, 1846. NOW, THEREFORE, BE IT KNOWN that I, JAMES K. Proclaimed 8th POLK, President of the United States of America, have January, 1847. caused the said convention, and the modification thereof, to be made public, to the end that the same, and every article and clause thereof, may be observed and fulfilled with good faith by the United States, and the citizens thereof. IN WITNESS WHEREOF, I have hereunto set my hand, and caused the seal of the United States to be affixed. Done at the City of Washington, this eighth day of January, in the year of our Lord, one thousand eight [SEAL.] hundred and forty-seven, and of the Independence of the United States the seventy-first. By the President: JAMES K. POLK. JAMES BUCHANAN, Secretary of State. 1847. TREATIES WITH INDIAN TRIBES. WINNEBAGOES. JAMES K. POLK, PRESIDENT OF THE UNITED STATES OF AMERICA, TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL Whereas a treaty was made and concluded at the City of Washington, on the thirteenth day of October, in the year one thousand eight hundred and forty-six, between the United States of the one part, by their commissioners, Albion K. Parris, John J. Abert, and T. P. Andrews, and the Winnebago tribe of Indians of the other part, by a full delegation of said tribe specially appointed by the chiefs, head mer, and warriors thereof: which treaty is, word for word, as follows, to wit: Treaty with the Articles of a treaty made and concluded at the City of Wash Winnebagoes. ington, on the thirteenth day of October, in the year one concluded October 13, 1846. thousand eight hundred and forty-six, between the United States, of the one part, by their commissioners, Albion K. Parris, John J. Abert, and T. P. Andrews, and the Winnebago tribe of Indians, of the other part, by a full delegction of said tribe specially appointed by the chiefs, head men, and warriors thereof. Lands ceded to ARTICLE 1. It is solemnly agreed, that the peace and friendship which exist between the people of the United States and the Winnebago Indians shall be perpetual. The said tribe of Indians giving assurance, hereby, of fidelity and friendship to the Government and people of the United States, and the United States giving to them, at the same time, promise of all proper care and parental protection. ARTICLE 2. The said tribe of Indians hereby agree to code and sell. the U. States, and do hereby cede and sell to the United States, all right. title, interest, claim, and privilege to all lands, whereve. situated, now or heretofore occupied or claimed by said In dians, within the States and Territories of the United States, and especially to the country now occupied, inhabited, or in any way used by them, called the "Neutral Ground," which tract of country was assigned to said Indians by the 2d article of the treaty of Fort Armstrong, concluded on the 15th. day of September, 1832, and ratified on the 13th day of February following. ARTICLE 3. of the above ces to said tribe as In consideration of the foregoing purchase from, or cession In consideration by the said Indians, the United States hereby agree to pur- sion the United chase and give to the said Indians, as their home, to be held States agree to as all Indians' lands are held, a tract of country north of St. purchase & give Peters and west of the Mississippi rivers, of not less than their home, a eight hundred thousand acres, which shall be suitable to their tract of country habits, wants, and wishes: Provided, Such land can be ob- Peter's & west tained on just and reasonable terms. ARTICLE 4. north of the St. of the Mississippi rivers. and $40,000 for jacent to their The United States agree to pay to said tribe of Indians The U. S. agree the sum of one hundred and fifty thousand dollars for the Indians $150,to pay to said land, and the sum of forty thousand dollars for release of 000 for the land hunting privileges, on the lands adjacent to their present release of hunthome, making the sum of one hundred and ninety thousand ing privileges dollars, being in further consideration of the cession or sale on the lands admade to the United States by the 2d article of this treaty; present home. to be paid as follows: Forty thousand dollars to enable them How to be apto comply with their present just engagements, and to cover plied. the expenses of exploring and selecting (by their own people, or by an agent of their own appointment) their new home; twenty thousand dollars in consideration of their removing themselves, and twenty thousand dollars in consideration of their subsisting themselves the first year after their removal; ten thousand dollars to be expended for breaking up and fencing lands, under the direction of the President of the United States, at their new home; ten thousand dollars to be set apart and applied under the direction of the President to the creation and carrying on of one or more manual labor schools for the benefit of said tribe of Indians; and five thousand dollars for building a saw and grist mill. The balance Balance of $85,of said sum of one hundred and ninety thousand dollars, viz: 000 to remain in eighty-five thousand dollars, to remain in trust with the United States, United States, and five per cent. interest thereon to be paid at five per cent. annually to said tribe, or applied for their benefit, as the President of the United States may, from time to time, direct, for the period of thirty years, which shall be in full payment of the said balance: Provided, That no part of the said con- Proviso. trust with the interest. sideration moneys shall be paid until after the arrival of said tribe of Indians at their new home, and appropriations shall have been made by Congress; and that the sums for meeting their present engagements, for removal and subsistence, and for exploring their new home, shall be paid to the chiefs in open council, in such manner as they in said council shal! request. ARTICLE 5. Said Indians fo It is further agreed by the parties to this treaty that the remove to their said tribe of Indians shall remove to their new home within new home in one year from one year after the ratification of this treaty, and their new ratification of home shall have been procured for them, and they duly notified of the same. this treaty. President may direct a portion ARTICLE 6. It is further agreed by the parties to this treaty, that the at his descretion President may, at his discretion, (should he at any time be of the money of opinion that the interest of the Indians would be thereby now paid in promoted,) direct that any portion of the money, not exceed plied to the pur- ing ten thousand dollars per annum, now paid in goods, as chase of provi- provided for by the last clause of the 4th article of the treaty of the 1st of November, 1837, be applied to the purchase of additional provisions, or to other purposes. goods to be ap sions. Signed Oct. 13, 1846. In testimony whereof, the commissioners, Albion K. Parris, John J. Abert, and T. P. Andrews, and the undersigned chiefs, head men, and delegates of the Winnebago tribe of Indians, have hereunto subscribed their names and affixed their seals, at the City of Washington, this thirteenth day of October, one thousand eight hundred and forty-six. John C. Mullay, Secretary to Board of Commissioners. J. E. Fletcher, Sub-agent. S. B. Lowry, Peter Mananaige, Antoine Grignon, his Simeon x Lecure, mark. H. L. Dousman. John Haney. Interpreters. George Cahn. James Maher. Now, THEREFORE, BE IT KNOWN that I, JAMES K. Ratified Febru POLK, President of the United States of America, having ary 4, 1817. seen and considered said treaty, do, in pursuance of the advice and consent of the Senate, as expressed in their resolution of the first day of February, eighteen hundred and fortyseven, accept, ratify, and confirm the same, and every article and clause thereof. IN TESTIMONY WHEREOF, I have caused the seal of the United States to be hereunto affixed, having signed the same with my hand. Done at the City of Washington, the fourth day of Febru ary, in the year of our Lord one thousand eight [SEAL.] hundred and forty-seven, and of the Independence of the United States the seventy-first. By the President: JAMES K. POLK. JAMES BUCHANAN, Secretary of State. |