ARTICLES OF A TREATY Made at the city of Saint Louis, between Joshua Pilcher, thereto Nov. 23, 1837. specially authorised by the President of the United States, and the Ioway Indians, by their chiefs and delegates. ARTICLE 1st. THE Ioway Indians ceed to the United States all the right and interest in the land ceded by the treaty, concluded with them and other tribes on the 15th of July 1830, which they might be entitled to claim, by virtue of the phraseology employed in the second article of said treaty. Proclamation, Feb. 21, 1838. Cession to the United States. Ante, p. 328. Consideration ARTICLE 2d. In consideration of the session contained in the preceeding article, the United States stipulate to pay them two thousand therefor. five hundred dollars ($2,500) in horses, goods and presents, upon their signing this treaty in the city of Saint Louis. U. S. to pay ARTICLE 3d. The expences of this negotiation and of the chiefs and delegates signing this treaty to the city of Washington and to their expenses of homes to be paid by the United States. making treaty. ARTICLE 4th. This treaty to be binding upon the contracting parties Treaty binding when the same shall be ratified by the United States. In witness whereof the said Joshua Pilcher and the undersigned chiefs and delegates of said Indians have hereunto set their hands at the city of Saint Louis, this twenty-third day of November A. D. 1837. when ratified. Ne-o-mon-ni, JOSHUA PILCHER, Wat-che-mon-ne, Signed in presence of E. A. Hitchcock, Capt. U. S. Army. John B Farpy. L. G. C. Bliss. To the Indian names are subjoined marks. ARTICLES OF A TREATY, Made and concluded at Flint river, in the State of Michigan, on the twentieth day of December, eighteen hundred and thirtyseven, between the United States, by Henry R. Schoolcraft commissioner duly authorized for that purpose, and acting superintendent of Indian affairs, and the Saganaw tribe of Chippewas. ARTICLE 1. It is agreed, that the sum of fifty cents per acre shall be retained out of every acre of land ceded by said tribe, by the treaty of the 14th of January 1837, as an indemnification for the location to be furnished for their future permanent residence and to constitute a fund for emigrating thereto. Dec. 20, 1837. Proclamation, July 2, 1838. Fifty cents per acre to be retained, &c. Ante, p. 528. A location to be reserved for said tribe, &c. Ante, p. 530. The U.S. not obliged to advance the mo ney required by 5th art. treaty 14th Jan. 1837. Ante, p. 530. Proviso. Proviso. Parts of treaty of 14th Jan. 1837, abrogated. Division of payments due certain chiefs. [This article stricken out by the Senate.] No pre-emption right to be granted, &c. Expenses to be paid of this and prior nego tiations. ARTICLE 2d. The United States agree to reserve a location for said tribe on the head waters of the Osage river, in the country visited by a delegation of the said tribe during the present year, to be of proper extent, agreeably to their numbers, embracing a due proportion of wood and water, and lying contiguous to tribes of kindred language. Nor shall anything contained in the sixth article of the treaty of the 14th January 1837, entitle them, at this time, to a location in the country west of Lake Superior. ARTICLE 3d. Nothing embraced in the fifth article of said treaty shall obligate the United States, at the present time, to advance from the Treasury, the entire amount appropriated by the said tribe in the fourth article of said treaty; but the President shall have authority to direct such part of the said moneys to be paid for the objects indicated, so far as the same are not hereinafter modified, as he may deem proper: Provided, That the whole sum so advanced, shall not exceed seventy-five thousand dollars. And the reduction shall be made upon the several items ratably, or in any other manner he may direct; Provided, That the balance of said appropriations, or of any item or items thereof, shall be paid out of the proceeds of the ceded lands, as soon as the fund will permit, and the President may direct. ARTICLE 4th. The first and second clauses of the fourth article of the treaty of the 14th of January 1837, and the tenth article of said treaty, are hereby abrogated; and in lieu thereof, it is agreed, that the United States shall pay to said tribe in each of the years 1838 and 1839, respectively, an annuity of five thousand dollars, and goods to the amount of ten thousand dollars, to be advanced by the Treasury, and to be refunded out of the first proceeds of their lands. But no further annuity, nor in any higher amounts, shall be paid to them, by virtue of the treaty aforesaid, untill the same shall be furnished by the interest of the proceeds of their lands, vested in conformity with the provisions of the third article of said treaty. ARTICLE 5th. Several of the chiefs entitled to payments by schedule A, affixed to the treaty aforesaid, having died within the year, it is agreed, that the proportion of the fund, to which they would have been entitled, may be redivided in such manner as the President may direct. ARTICLE 6th. The said tribe set apart nine thousand eight hundred dollars, out of the fund arising from the sale of their lands, to be paid to the individuals named in a list of claims hereunto annexed. ARTICLE 7th. No act of Congress shall confer upon any citizen, or other person, the right of pre-emption to any lands ceded to the United States by the treaty of the 14th of January 1837, herein above referred to. Nor shall any construction be put upon any existing law, respecting the public lands, granting this right to any lands ceded by said treaty. ARTICLE 8th. The United States will pay the expenses of this negotiation, together with the unpaid expenses of the prior negotiations, with said tribe, of the 24th of May 1836, and of the 14th of January 1837. In testimony whereof, the commissioner above named, and the chiefs and headmen of said tribe, have hereunto affixed their signatures at the time and place above recited, and of the independence of the United States the sixty-second year. HENRY R. SCHOOLCRAFT, Commissioner. Ogisna Kegido, (The Chief Speaker,) 1st chief of the tribe. Tondagonee, (A dog rampant or furious.) Mukkukoosh, (The Broken Chest, Keg, or Box.) Ogimaus, (The Little Chief, or chief of subordinate authority.) Ottawaus, (The Little Ottawa.) Peetwaweetam, (The Coming Voice.) Kaugaygeezhig, (The Everlasting Sky.) Signed in presence of Jno. Garland, Maj. U. S. A. Henry Connor, Sub-agent. T. B. W. Stockton. G. D. Williams, Commission of int. impt. S. Mich. Jonathan Beach. Chas. C. Hascall, Receiver of public moneys. Albert J. Smith. Robt. J. S. Page. Wait Beach. Rev. Luther D. Whitney. T. R. Cumings. To the Indian names are subjoined marks. It was understood, previous to the execution of the foregoing treaty, that the United States does not agree to advance the amount set apart by the sixth article for claimants, in lieu of reservations; and that no payments will be made, in accordance therewith, until the lands of the Indians are sold, and the proceeds thereof placed to their credit at the Treasury. HENRY R. SCHOOLCRAFT, Commissioner. List of claims directed to be paid in the 6th article. [This note stricken out by the Senate.] [NOTE.-The foregoing treaty was ratified with the following amendments, as contained in the resolution of the Senate: Strike out the sixth article. Change articles 7 and 8 to article 6 and article 7. Strike out the note commencing "It was understood," &c., and the “list of claims” immediately following. TREATY WITH THE NEW YORK INDIANS, AS AMENDED BY THE SENATE AND ASSENTED TO BY THE SEVERAL TRIBES, 1838. Treaty with the New York Indians, as amended by the Senate of the Proclamation, April 4, 1840. ARTICLES OF A TREATY Jan. 15, 1838. Made and concluded at Buffalo Creek in the State of New York, the fifteenth day of January in the year of our Lord one thousand eight hundred and thirty-eight, by Ransom H. Gillet, a commissioner on the part of the United States, and the chiefs, head men and warriors of the several tribes of New York Indians assembled in council witnesseth : Preamble. Ante, p. 342. WHEREAS, The six nations of New York Indians not long after the close of the war of the Revolution, became convinced from the rapid increase of the white settlements around, that the time was not far distant when their true interest must lead them to seek a new home among their red brethren in the West: And whereas this subject was agitated in a general council of the Six nations as early as 1810, and resulted in sending a memorial to the President of the United States, inquiring whether the Government would consent to their leaving their habitations and their removing into the neighborhood of their western brethren, and if they could procure a home there, by gift or purchase, whether the Government would acknowledge their title to the lands so obtained in the same manner it had acknowledged it in those from whom they might receive it; and further, whether the existing treaties would, in such a case remain in full force, and their annuities be paid as heretofore: And whereas, with the approbation of the President of the United States, purchases were made by the New York Indians from the Menomonie and Winnebago Indians of certain lands at Green Bay in the Territory of Wisconsin, which after much difficulty and contention with those Indians concerning the extent of that purchase, the whole subject was finally settled by a treaty between the United States and the Menomonie Indians, concluded in February, 1831, to which the New York Indians gave their assent on the seventeenth day of October 1832: And whereas, by the provisions of that treaty, five hundred thousand acres of land are secured to the New York Indians of the Six Nations and the St. Regis tribe, as a future home, on condition that they all remove to the same, within three years, or such reasonable time as the President should prescribe: And whereas, the President is satisfied that various considerations have prevented those still residing in New York from removing to Green Bay, and among other reasons, that many who were in favour of emigration, preferred to remove at once to the Indian territory, which they were fully persuaded was the only permanent and peaceable home for all the Indians. And they therefore applied to the President to take their Green Bay lands, and provide them a new home among their brethren in the Indian territory. And whereas, the President being anxious to promote the peace, prosperity and happiness of his red children, and being determined to carry out the humane policy of the Government in removing the Indians from the east to the west of the Mississippi, within the Indian territory, by bringing them to see and feel, by his justice and liberality, that it is their true policy and for their interest to do so without delay. Therefore, taking into consideration the foregoing premises, the following articles of a treaty are entered into between the United States of America and the several tribes of the New York Indians, the names of whose chiefs, head men and warriors are hereto subscribed, and those who may hereafter give their assent to this treaty in writing, within such time as the President shall appoint. GENERAL PROVISIONS. ARTICLE 1. The several tribes of New York Indians, the names of whose chiefs, head men, warriors and representatives are hereunto annexed, in consideration of the premises above recited, and the covenants hereinafter contained, to be performed on the part of the United States, hereby cede and relinquish to the United States all their right, title and interest to the lands secured to them at Green Bay by the Menomonie treaty of 1831, excepting the following tract, on which a part of the New York Indians now reside: beginning at the southwesterly corner of the French grants at Green Bay, and running thence southwardly to a point on a line to be run from the Little Čocaclin, parallel to a line of the French grants and six miles from Fox River; from thence on said parallel line, northwardly six miles; from thence eastwardly to a point on the northeast line of the Indian lands, and being at right angles to the same. ARTICLE 2. In consideration of the above cession and relinquishment, on the part of the tribes of the New York Indians, and in order to manifest the deep interest of the United States in the future peace and prosperity of the New York Indians, the United States agree to set apart the following tract of country, situated directly west of the State of Missouri, as a permanent home for all the New York Indians, now residing in the State of New York, or in Wisconsin, or elsewhere in the United States, who have no permanent homes, which said country is described as follows, to wit: Beginning on the west line of the State of Missouri, at the northeast corner of the Cherokee tract, and running thence north along the west line of the State of Missouri twenty-seven miles to the southerly line of the Miami lands; thence west so far as shall be necessary, by running a line at right angles, and parallel to the west line aforesaid, to the Osage lands, and thence easterly along the Osage and Cherokee lands to the place of beginning to include one million eight hundred and twenty-four thousand acres of land, being three hundred and twenty acres for each soul of said Indians as their numbers are at present computed. To have and to hold the same in fee simple to the said tribes or nations of Indians, by patent from the President of the United States, issued in conformity with the provisions of the third section of the act, entitled "An act to provide for an exchange of lands, with the Indians residing in any of the States or Territories, and for their removal west of the Mississippi," approved on the 28th day of May, 1830, with full power and authority in the said Indians to divide said lands among the different tribes, nations, or bands, in severalty, with the right to sell and convey to and from each other, under such laws and regulations as may be adopted by the respective tribes, acting by themselves, or by a general council of the said New York Indians, acting for all the tribes collectively. It is understood and agreed that the above described country is intended as a future home for the follow Indians relin quish their right to lands at Green Bay. Ante, p. 342. U. S. set apart other lands for Indians. 1830, ch. 148. |