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Roll and Schedule referred to in articles two and three of the Treaty

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Proclamation, June 7, 1841.

ARTICLES OF A TREATY

Nov. 28, 1840. Made and concluded at the Forks of the Wabash, in the State of Indiana, this twenty-eigth day of November in the year of our Lord one thousand eight hundred and forty, between Samuel Milroy and Allen Hamilton, acting (unofficially) as commissioners on the part of the United States, and the chiefs, warriers and headmen of the Miami tribe of Indians.

Lands ceded to the U.S.

ART. 1. THE Miami tribe of Indians, do hereby cede to the United States all that tract of land on the south side of the Wabash river, not heretofore ceded, and commonly known as "the residue of the Big Reserve." Being all of their remaining lands in Indiana.

ART. 2. For and in consideration of the cession aforesaid, the United

States agree to pay to the Miami tribe of Indians the sum of five hundred and fifty thousand dollars. Two hundred and fifty thousand dollars of which sum to be set apart, and applied immediately after the ratification of this treaty and an appropriation is made by Congress to carry its provisions into effect, to the payment of the debts of the tribe, as hereinafter stipulated. And the residue, three hundred thousand dollars, to be paid in twenty equal yearly instalments.

ART. 3. The Miamies, being desirous that their just debts shall be fully paid; it is hereby, at their request stipulated, that immediately on the ratification of this treaty, the United States shall appoint a commissioner or commissioners, who shall be authorised to investigate all claims against any and every member of the tribe, which have accrued since the 6th day of November, 1838, or which may accrue before the date of the ratification of this treaty, without regard to distinction of blood in the claimant or claimants. And whose duty it shall be to enquire into the equity and legality of the original cause of indebtedness, whether the same now is, or may then be in the form of judgments, notes, or other evedence of debt, and report for payment out of the money set apart by this treaty for that purpose, such claims only, or parts of claims, as shall be both legal and just. And his or their award when approved by the President of the United States shall be final.

ART. 4. It is further stipulated that the sum of twenty-five thousand dollars be paid to John B. Richardville. And the sum of fifteen thousand dollars to the acting executor of Francis Godfroy deceased, being the amount of their respective claims against the tribe; out of the money set apart for the payment of their debts by the second article of this treaty.

ART. 5. And whereas the late war chief, (Francis Godfroy,) bequeathed to his children a large estate, to remain unsold until the youngest of said children shall arrive at the age of twenty-one years. It is therefore stipulated, that the United States shall pay to the family of said deceased chief their just proportion of the annuities of said tribe, at Fort Wayne, from and after the time the tribe shall emigrate to the country assigned to them west of the Mississippi.

ART. 6. It is further stipulated, that the sum of two hundred and fifty dollars shall be paid annually by the United States, and accepted by the Miamies in lieu of the labour stipulated to be furnished by the fourth article of the treaty of the 23d of October 1826, for the purpose of preventing the dissatisfaction, occasioned heretofore, in the distribution of said labour amongst the differant bands.

ART. 7. It is further stipulated, that the United States convey by patent, to Me-shing-go-me-sia, son of Ma-to-sin-ia, the tract of land reserved by the 22d article of the treaty of the 6th of November 1838, to the band of Ma-to-sin-ia. And the same provision made in favour of John B. Richardville and family, in the 14th article of the treaty of the 6th of November 1838, is hereby granted and extended to the above named Me-shing-go-me-sia, and to his brothers.

ART. 8. It is hereby stipulated, that the Miami tribe of Indiands shall remove to the country assigned them west of the Mississippi, within five years from this date; the United States paying every expence attending such removal, and to furnish rations to said tribe for twelve months after their arrival at said country. And the United States shall also cause four thousand dollars to be expended to the best advantage in supplying good merchantable pork and flower to said tribe, during the second year of their residence at their new homes. Which sum is to be deducted from their annuity of that year.

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In case of the sum set apart

for the payment of debts being either too great

or too small. (See amendments.)

Reservations

and F. Lafountain.

ART. 9. It is further stipulated, that should there be an unexpended ballance of the "two hundred and fifty thousand dollars," after the payment of the debts of the tribe as provided in the second article of this treaty; such ballance is to be paid over to the Miamies at the next payment of annuities after the amount of said ballance shall have been ascertained. And, should the sum so set apart for the purpose aforesaid, be found insufficient to pay the said debts, then the ascertained ballance due on the same, to be paid out of the annuity arising from this treaty.

ART. 10. It is stipulated and agreed between the contracting parties, of land to J. B. that there shall be, and hereby is granted and reserved to John B. Richardville Richardville, principal chief, seven sections of land, from the land ceded in the first article of this treaty; at such point or points as he may select (not less than one section at any one point,) to be conveyed to him by patent from the United States. And also, in like manner, one section of land to Francis Lafountain, at the rapids of Wildcat, to be surveyed under his direction.

Provisions of former treaties not altered, except, &c.

Expenses of this treaty to be paid by Ú. S.

Treaty binding when ratified.

Assent of the Indians to this treaty.

ART. 11. Nothing in this treaty shall be so construed as to impair the force or validity of former treaty stipulations, existing between the United States and the Miami tribe of Indians, not altered by nor coming within the purvieu of any of the provisions of this treaty.

ART. 12. It is hereby stipulated, that the United States provide for the payment of the expence which may be necessarily incured in the negociation of this treaty.

ART. 13. This treaty shall be binding on the United States, and on the Miami tribe of Indians, from and after the date of its ratification by the President by and with the advice and consent of the Senate of the United States. But, if the same shall not be so ratified before the 4th day of March next, it shall be of no binding force or validity.

ART. 14. We the chiefs warriers, and headmen of the Miami tribe of Indians, having examined and considered the foregoing articles, after the same had been interpreted and explained to us to our satisfaction, do hereby agree and request, that the said articles shall be taken and held as a treaty between the parties thereto; and when ratified as provided in the last preceding article, be binding on our tribe, and on the United States, as fully to all intents and purposes as though the same had been officially and formally made on the part of the United States.

In testimony whereof, we, Samuel Milroy, and Allen Hamilton, on behalf of the United States, (as aforesaid,) and the chiefs, warriers, and headmen of the Miami tribe of Indians, have hereunto set our hands.

Done at the Forks of the Wabash, in the State of Indiana, this twenty-eighth day of November, one thousand eight hundred and forty.

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Signed in the presence of H. B. Milroy, Secretary. David Carrier. Geo. M. Maxwell. Robert H. Milroy. Peter Andre, Interpreter.

To the Indian names are subjoined marks.

IN SENATE OF THE UNITED STATES,

February 25, 1841.

Resolved (two-thirds of the Senators present concurring) That the Senate advise and consent to the ratification of the treaty made and concluded at the Forks of the Wabash in the State of Indiana, the twenty-eigth day of November in the year of our Lord eighteen hundred and forty, between Samuel Milroy and Allen Hamilton, acting as commissioners on the part of the United States, and the chiefs warriers and headmen of the Miami tribe of Indians; with the following amendments; Provided, That the assent of the said Indians shall be properly obtained to the same-to wit:

In the second article, strike out the words "two hundred and fifty," and insert three hundred; and, in the latter clause, strike out "three hundred," and insert two hundred and fifty.

Add to the third article the following: Two hundred and fifty thousand dollars of the sum set apart in the second article of this treaty shall be applied to the payment of debts contracted before the twentyeigth day of November, 1840; and the residue of said sum, after such debts are satisfied, being fifty thousand dollars, to the payment of debts contracted between the last-named date and the time of the ratification of this treaty by the Senate of the United States; giving the preference, in the application of said sum of fifty thousand dollars, to debts contracted for provisions and subsistance.

In the seventh article, strike out the words "twenty second" and insert second.

In the same article, at the first period, insert-to be held in trust by the said Me-shing-go-me-zia, for his band; and the proceeds thereof, when the same shall be alienated, shall be equitably distributed to said band, under the direction of the President.

Feb. 25, 1841.

Resolution of

the Senate, assenting to the the treaty, with amendments.

ratification of

Assent of the

Indians to be obtained.

Amendments to the 2d article.

Amendments

to the 3d article.

Amendments to 7th article.

In article nine, strike out "two hundred and fifty" and insert three Amendments hundred; and strike out the whole of that article after the word to 9th article. "ascertained."

Insert after article 11 an additional article; Article 12. The United States hereby stipulate to set apart and assign to the Miamies, for their Occupancy west of the Mississippi, a tract of country bounded on the east by the State of Missouri, on the north by the country of the Weas and Kaskaskias, on the west by the Pottawatomies of Indiana, and on the south by the land assigned to the New York Indians, estimated to contain five hundred thousand acres.

Additional ar

ticle.

Boundaries of

the land assign

ed to Indians.

Attest:

ASBURY DICKINS,

Secretary.

Assent of the

We the undersigned chiefs headmen and warriors of the Miami tribe May 15, 1841. of Indians residing in the State of Indiana, do hereby give our free and voluntary assent to the foregoing amendments, made by the Senate of the United States on the 25th day of February last, to the treaty concluded by us with the United States on the 28th day of November 1840;

Indians to the amendments of

the Senate.

the same having been submitted and fully explained to us by Samuel
Milroy and Allen Hamilton, commissioners on the part of the United
States for that purpose, in full council assembled at the Forks of the
Wabash in the State of Indiana.

In testimony whereof we have hereunto set our hands, and affixed our seals respectively this fifteenth day of May 1841.

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Done in presence of Samuel Milroy, Allen Hamilton, Commissioners. H. B. Milroy, Secretary to Commission. Peter Andrie, Grigway Boudie, Interpreters.

To the Indian names are subjoined a mark and seal.

Proclamation, Aug. 26, 1842.

ARTICLES OF A TREATY

May 20, 1842. Made and concluded at Buffalo Creek, in the State of New York, on the twentieth day of May in the year one thousand eight hundred and forty-two, between the United States of America, acting herein by Ambrose Spencer their Commissioner, thereto duly authorized, on the one part, and the chiefs, headmen and warriors of the Seneca nation of Indians, duly assembled in council, on the other part.

Preamble.

Ante, p. 550.

WHEREAS a treaty was heretofore concluded, and made between the said United States, and the chiefs, headmen, and warriors of the several tribes of New York Indians, dated the fifteenth day of January in the year one thousand eight hundred and thirty-eight, which treaty having been afterwards amended, was proclaimed by the President of the United States, on the fourth of April one thousand eight hundred and forty, to have been duly ratified.

And whereas on the day of making this treaty, and bearing even date herewith, a certain indenture was made executed and concluded by and between the said Seneca nation of Indians and Thomas L. Ogden, and Joseph Fellows, assignees under the State of Massachusetts, in the presence, and with the approbation of a Commissioner appointed by the United States, and in the presence and with the approbation of Samuel Hoare, a superintendent on the part of the commonwealth of Massachusetts, which indenture is in the words and figures following to wit:

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