TREATY WITH THE SENECA, MIXED SENECA and SHAWNEE, QUAPAW, Etc., 1867 Proclaimed October 14, 1868. SUMMARY. Preamble. Art. 1. Cession of lands to the United States by the Senecas. Art. 2. Further cession. Art. 3. Art. 4. Art. 5. Art. 6. Art. 7. Art. 9. Art. 10. Cession of lands to the United States by the Shawnees. Seneca to separate from the Shawnee. Payments to the Senecas. Payments for improvements in agriculture. Payments to the Shawnees. Payments to the Quapaws. Art. 11. Aid in agriculture. Art. 12. Art. 13. Claims for losses by the war. Commission to investigate claims. Lands set apart for the Wyandotts. Payment. Register to be taken. Who to constitute the tribe. Art. 14. Upon completion of register amount to be divided. Remainder how to be applied. Certain restrictions upon sales of lands removed. Provisions of former treaty as to members of the tribe becoming citizens extended. Art. 15. Art. 17. Art. 18. Payment to individuals for losses. Purchasers of land from the Peorias, etc., to receive patents. Amounts due the Indians to be paid them.-Further allowances. Miamis may be united with the peorias, etc. Blacksmith's iron and steel. Articles of agreement concluded at Washington, D. C., the twentythird day of February, one thousand eight hundred and sixty-seven, between the United States, represented by Lewis V. Bogy, Commissioner Sig. 25. of Indian Affairs, W. H. Wilson, special commissioner, Thomas Murphy, superintendent of Indian Affairs, George C. Snow and G. A. Colton, U. S. Indian agents, duly authorized, and the Senacas, represented by George Spiver and John Mush; the Mixed Senacas and Shawnees, by John Whitetree, John Young, and Lewis Davis; the Quapaws, by S. G. Vallier and Ka-che-cah; the Confederated Peorias, Kaskaskias, Weas, and Painkeskaws, by Bapiste Peoria, John Mitchell, and Edward Black; the Miamis, by Thomas Metosenyah and Thomas Richardville, and the Ottawas of Blanchard's Fork and Roche de Baeuf, by John White and J. T. Jones, and including certain Wyandottes, represented by Tauromee, or John Hat, and John Karboo. Whereas, it is desirable that arrangements should be made by which portions of certain tribes, parties hereto, now residing in Kansas, should be enabled to remove to other land in the Indian county south of that State, while other portions of said tribes desire to dissolve their tribal relations, and become citizens; and whereas it is necessary to provide certain tribes, parties hereto, now residing in the Indian country, with means of rebuliding their houses, reopening their farms and supporting their families, they having been driven from their reservations early in the late war, and suffered greatly for several years, and being willing to sell a portion of their lands to procure such relief; and whereas, a portion of the Wyandottes, parties to the treaty of one thousand eight hundred and fifty-five, although taking lands in severalty, have sold said lands, and are still poor, and have not been compelled to become citizens but have remained without clearly recognized organization, while others who did become citizens are unfitted for the responsibilities of citizenship; and whereas the Wyandottes, treated with in eighteen hundred and fifty-five, have just claims against the Government, which will enable' the portion of their people herein referred to to begin anew a tribal existence; Therefore it is agreed: Article 1. The Senecas cede to the United States a strip of land on the north side of their present reservation in the Indian country; the land so ceded to be bounded on the east by the State of Missouri, on the north by the north line of the reservation, on the west by the Neosho River, and running south for the necessary distance, to contain twenty thousand acres; for which the Government is to pay twenty thousand dollars upon the ratification of this treaty; the south line of said tract to be ascertained by survey, at the cost of the United States. Art. 2. The Senecas now confederated with the Shawnees, and cwning an undivided half of a reservation in the Indian country immediately north of the Seneca reservation mentioned in the preceding article, cede to the United States one-half of said Seneca and Shawnee reserve, which it is mutually agreed shall be the north half, bounded on the east by the State of Missouri, north by the Quapaw reserve, west by the Neosho River, and south by an east and west line bisecting the present Seneca and Shawnee reserve into equal parts, the said line to be determined by survey, at the expense of the United States; for which tract of land, estimated to contain about thirty thousand acres, the United States will pay the sum of twenty-four thousand dollars. Art. 3. The Shawnees, heretofore confederated with the Senecas, cede to the United States that portion of their remaining lands, bounded as follows, beginning at a point where Spring River crosses the south line of the tract in the second article ceded to the United States thence down said river to the south line of the Shawnee reserve, thence west to the Neosho River, thence up said river to the south line of the tract ceded in the second article, and thence east to the place of beginning; supposed to contain about twelve thousand acres, the area to be ascertained by survey, at the expense of the United States; the United States to pay for the same at the rate of one dollar per acre, as soon as the acres shall be ascertained. Art. 4. The Quapaws cede to the United States that portion of their land lying in the State of Kansas, being a strip of land on the north line of their reservation, about one-half mile in width, and containing about twelve sections in all, excepting therefrom one half section to be patented to Samuel G. Vallier, including his improvements. Also the further tract within their present reserve, bounded as follows: Beginning at a point in the Neosho River where the south line of the Quapaw reserve strikes that stream, thence east three miles; thence north to the Kansas boundary line, thence west on said line to the Neosho River, thence down said river to the place of beginning; and the United States will pay to the Quapaws twenty-five cents per acre, whenever the area of the same shall be ascertained; and for the other tract described in this article at the rate of one dollar and fifteen cents per acre, whenever the area of the same shall be ascertained by survey, said survey to be made at the cost of the tribe to which said tract is herein provided to be sold under the pre-emption laws of the United States; but all such pre-emption shall be paid in the moneys of the United States, at the proper land office, within one year from the date of entry and settlement. PROVISIONS RELATING TO THE SENECAS. Art. 5. The Senecas now confederated with the Shawnees, the said Shawnees thereto consenting, agree to dissolve their connection with the said Shawnees, and to unite with the Senecas, parties to the treaty of February twenty-eighth, one thousand eight hundred and thirty-one, upon 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. Art. 6. Of the sum of twenty-four thousand dollars to be paid 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 twentythousand 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, one thousand eight hundred and seventeen, shall likewise become the property of the tribe. Art. 7. The amount annually due the Senecas under the provisions of article four of the treaty of February twenty-eight, one thousand 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. Art. 8. 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 said amount shall be invested for the said tribe, under the name of Eastern Shawnees, and five per cent, be paid 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 for five years. PROVISIONS RELATING TO THE QUAPAWS. Art. 9. Of the amount to be paid to the Quapaws for the lands ceded to 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, semi-annually. Art. 10. If the Osage Mission school should be closed, so that the school fund of the Quapaws cannot be used for them to advantage at 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. Art. 11. The amount now due and unpaid for a farm, under the provisions of the third article of their treaty of May thirteen, one thousand eight hundred and thirty-eight, 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 farming, shall hereafter be set apart for the purposes of assistance and improvement in agriculture. CLAIMS FOR LOSSES BY THE WAR. Art. 12. Whereas the aforesaid Senecas, Mixed Senecas and Shawnees, and Quapaws were driven from their homes during the late war, and their property destroyed, 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 report the same to Congress. PROVISIONS IN RELATION TO THE WYANDOTTES. Art. 13. 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 the Secretary of the Interior is hereby authorized and required to appoint three persons whose duty it shall be to ascertain and report to the department the amount of money, if any, due by the United States to the Wyandotte Indians under existing treaty stipulations, and the items mentioned in Schedule A, appended to this treaty, and the report of the persons so appointed, with the evidence taken, shall be submitted to Congress for action at its next session. A register of the whole people, resident in Kansas and elsewhere, shall be taken by the agent of the Dela wares, 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 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 responsiblities of citizenship of the United States, and likely to become a public charge. Art. 14. Whenever the register in the next preceding article shall have been completed and returned to the Commissioner of Indian Affairs, the amount of money in said article acknowledged to be due to the Wyandottes 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, and the sum of five thousand dollars to enable the Wyandottes to establish themselves in their new homes, shall be paid to the Wyandotte tribe per capita. Art. 15. All restrictions upon the sale of lands assigned and patented to "incompetent" Wyandottes under the fourth article of the treaty of one thousand eight hundred and fifty-five, shall be removed after 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 otherwise, for 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 hearings 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. Art. 16. 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 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 and sixtytwo, 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 sixtytwo, shall be paid to the tribe per capita. Art. 17. The provisions of the Ottawa treaty of one thousand eight hundred and sixty-two, under which all the tribes were to become citizens upon the sixteenth of July, one thousand eight hundred and sixty-seven are hereby extended for two years, or until July sixteenth, one thousand eight 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 for Kansas, and declare his intention to become a citizen, when he shall |