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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 still be 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 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 of 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.

Art. 18. The United States agrees to pay 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claim of J. T. Jones, for which a bill of appropriation has passed one of the branches of Congress, but which has been withdrawn from before Congress, being for destruction by fire of his dwelling and other property by whites in one thousand eight hundred and fifty-six, shall be allowed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.

Art. 19.

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 (6 and 18) shall be entitled to be received at said institution, and to be subsisted, clothed, educated, and attended in sickness, where the sickness is of such nature that the patient promises to return to study within a reasonable period; the children to be taught and practiced 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.

Art. 20. It is further agreed that the remaining unsold portion of trust-lands of the Ottawas, amounting to seven thousand two hundred and twenty-one and twenty one-hundredths acres, shall be sold to the trus tees of the 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 fulfillment of their obligations.

PROVISIONS

RELATING TO THE PEORIAS,

AND PIANKESHAWs.

KASKASKIAS, WEAS,

Art. 21. Whereas certain arrangements have been made by the chiefs of the confederated tribes of Peorias, Kaskaskias, Weas and Piankeshaws, 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 rceive 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.

Art. 22. 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, Etc., 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 said Peorias, Etc.

Art. 23. The said Indians agree to dispose of their allotments in Kansas and remove to their new homes in the Indian country within two years from the ratification of this treaty; and to that end the 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 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.

Art. 24. An examination shall be made of the books of the Indian office, and an account current prepared, stating the condition of 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 reported to Congress; and in order to further assist them in preparing for removal and in paying their debts, the further 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 hundred and sixty-two; and the balance of said sum of one hundred and sixty-nine thousand six hundred and eightysix dollars and seventy-five cents together with the sum of ninety-eight thousand dollars now invested on behalf of 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, per capita, on the first of July, one thousand eight hundred and sixty-eight, the sum of thirty thousand dollars, to assist them in establishing themselves upon their new homes; and at any time thereafter when the chiefs shall represent to the satisfaction of the Secretary of the Interior that an additional sum is necessary, such sum may be taken from their invested fund; and provided, also, that the said invested fund shall be subject to such division and dimunition as may be found necessary in order to pay those who may become citizens their share of the funds of the tribe.

Art. 25. Whereas taxes have been levied by the authority of the State of Kansas upon lands allotted to members of the tribe, the right and justice of which taxation is not acknowledged by the Indians, and on which account they have suffered great vexation and expense, and which is now a matter in question in the Supreme Court of the United States, it is agreed that, in case that court shall decide such taxes unlawful, the Government will take measures to secure the refunding of said taxes to such of the Indians as have paid them.

Art. 26. The Peorias, Kaskaskias, Weas and Piankeshaws agree that the Miamis may be confederated with them upon their new reservation, and own an undivided right in said reservation in proportion to the sum paid, upon the payment by the said Miamis of an amount which, in proportion to the number of the Miamis who shall join them, will be equal to their share of the purchase money in this treaty, provided to be paid for the land, and also upon the payment into the common fund of such amount as shall make them equal in annuities to the said Peorias, Etc., the said privilege to remain open to the Miamis two years from the ratification of this treaty.

Art. 27. The United States agrees to pay the said Indians the sum of one thousand five hundred dollars per year for six years for their blacksmith, and for necessary iron and steel and tools; in consideration of which payment the said tribe hereby relinquishes all claims for damages and losses during the late war, and, at the end of the said six years, any tools or materials remaining shall be the property of the tribe.

Art. 28. Inasmuch as there may be those among them who may desire to remain in Kansas and become citizens of the United States, it is hereby provided that, within six months after the ratification of this treaty, a register shall be taken by the agent, which shall show the names separately of all who voluntarily desire to move, and all who desire to remain and become citizens; and those who shall elect to remain may appear before the judge of the United States district court for Kansas and make declaration of their intention to become citizens, and take the oath to support the Constitution of the United States, and upon filing of a certificate of such declaration and oath in the office of the Commissioner of Indian Affairs they shall be entitled to receive the proportionate share of themselves and their children in the invested funds and other common property of the tribe; and therefrom they and their children shall become citizens, and have no further rights in the tribe; and all the females who are heads of families, and single women of full age shall have the right to make such declaration and become disconnected from the tribe. Arts. 29 to 39 inclusive (stricken out.)

Art. 40. If any amendment shall be made to this treaty by the Senate, it shall only be necessary to submit the same for the assent of the particular tribe or tribes interested; and should any such amendments be made, and the assent of the tribe or tribes interested not be obtained, the remainder of the treaty not affected by such amendment shall nevertheless take effect and be in force.

Art. 41. (Stricken out.)

In testimony whereof, the before-named commissioners on behalf of

the United States, and the before-named delegates on behalf of the Senecas, mixed Senecas and Shawnees, Quapaws, confederated Peorias, Kaskaskias, Weas, and Piankeshaws, Miamis, Ottawas and Wyandottes have hereunto set our hands and seals the day and year first above written.

LEWIS V. BOGY, Commissioner of Indian Affairs.

W. H. WATSON, Special Commissioner.
THOMAS MURPHY, Supt. of Indian Affairs.

(SEAL)

(SEAL)

(SEAL)

G. C. SNOW, United States Indian Agent, Neosho. (SEAL)
G. A. COLTON, U. S. Indian Agent for Miamis, Peorias, Etc.
GEORGE SPICER, his X mark.

JOHN MUSH, his X mark.

(SEAL)

(SEAL)

Senecas.

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Osage River Agency.

(SEAL)

(SEAL)

Wyandottes.

FRANK VALLE, his X mark, United States Interpreter for

JOHN B. ROUBIDEAU, his X mark, United States Interpreter for the Miamis.

WM. HURR, Interpreter for the Ottawas.

GEORGE WRIGHT, Interpreter for Wyandottes.

ABELARD GUTHRIE.

GEORGE B. JONAS.

THOMAS E. McGRAW.

LEWIS S. HAYDEN.

CHARLES SIMS.

R. McBRATNEY.

Witnesses to signature of Lewis Davis:

G. L. YOUNG.

G. C. SNOW.

United States Indian Agent.

CHEYENNE AND ARAPAHO RESERVE

Aug. 10, 1869.

Department of the Interior, Office of Indian Affairs, June 19, 1869.

Sir: I have the honor to acknowledge the receipt, by reference from the Secretary of the Interior on the 10th instant, of a letter from Adjt. Gen. E. D. Townsend, bearing date the 9th instant, inclosing a copy of a telegram dated Fort Leavenworth, Kans., June 8th, 1869, from Maj. Gen. J. M. Schofield to General W. T. Sherman, recommending that the reservation for the Arapaho Indians be changed from its present location to the North Fork of the Canadian River, and requesting a report thereon from this office.

By terms of the treaty with the Cheyenne and Arapaho Tribes of Indians, proclaimed August 19, 1868, it is provided in the second article thereof that "The United States agree that the following district of country, to-wit: Commencing at the point where the Arkansas River crosses the thirty-seventh parallel-the said line being the southern boundary of the State of Kansas-to the Cimarron River (some times called the Red Fork of the Arkansas River); thence down said Cimarron River, in the middle of the main channel thereof, to the Arkansas River; thence up the Arkansas River, in the middle of the main channel thereof, to the place of beginning, shall be, and the same is hereby, set apart fort he absolute and undisturbed use and occupation of the Indians herein named, and for such other friendly tribes or individual Indians as from time to time they may be willing, with the consent of the United States, to admit among them."

It will be seen from the language of the second article of said treaty just quoted, that a reservation upon which they are now located has already been provided for said Indians within the boundaries in said article designed, but I am of the opinion that it would be better for both the Indians and the gov. ernment if they were to be removed to the North Fork of the Canadian in accordance with the suggestions of General Schofield, provided any authority can be found for removing and locating said Indians in the manner contemplated.

Should you be of opinion that such authority exists and determine in pursuance thereof to cause a removal of said Indians, to be made from their present reservation, I would suggest that a tract of country be set aside for their occupation and use, bounded as follows, viz: Commencing at a point where the Washita River crosses the ninety-eighth degree of west longitude; thence north on a line with said ninety-eighth degree to the point where it is crossed by the Red Fork of the Arkansas (sometimes called the Cimarron River), thence up said river, in the middle of the main channel thereof, to the north boundary of the country ceded to the United States by the treaty of June 14, 1866, with the Creek Nation of Indians; thence west up said north boundary and the north boundary of the country ceded to the United States by the treaty of March 21, 1866, with the Seminole Indians, to the one hundredth degree of west longitude; thence south on the line of said one-hundredth degree to the north boundary of the country set apart for the Kiowas and Comanches, by the second article of the treaty concluded October 21, 1867, with said tribes; thence east along said boundary to the point

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