person, appointed by the Secretary of War for that purpose, and the proceeds paid over to the owners of such property respectively. Sale of lands ceded by Shaw nees. ARTICLE VII. The United States will expose to public sale to the highest bidder, in the manner of selling the public lands, the tracts of land herein ceded by the said Shawnees. And after deducting from the proceeds of such sales the sum of seventy cents per acre, exclusive of the cost of surveying, the cost of the grist mill, saw mill and blacksmith shop and the aforesaid sum of thirteen thousand dollars, to be advanced in lieu of improvements; it is agreed that any balance, which may remain of the avails of the lands, after sale as aforesaid, shall constitute a fund for the future necessities of said tribe, parties to this compact, on which the United States agree to pay to the chiefs, for the use and general benefit of their people, annually, five per centum on the amount of said balance, as an annuity. Said fund to be continued during the Annuity, &c. pleasure of Congress, unless the chiefs of the said tribe, or band, by and with the consent of their people, in general council assembled, should desire that the fund thus to be created, should be dissolved and paid over to them; in which case the President shall cause the same to be so paid, if in his discretion, he shall believe the happiness and prosperity of said tribe would be promoted thereby. ARTICLE VIII. It is agreed that any annuities, accruing to the said band or tribe of Shawnees, by former treaties, shall be paid to them at their intended residence west of the Mississippi, under the direction of the President. ARTICLE IX. In consideration of the good conduct and friendly dispositions of the said band of Shawnees towards the American Government, and as an earnest of the kind feelings and good wishes of the people of the United States, for the future welfare and happiness of the said Shawnees, it is agreed that the United States, will give them, as presents, the following articles, to be fairly divided by the chiefs, among their people, according to their several necessities, to wit: two hundred blankets, forty ploughs, forty sets of horse gears, one hundred and fifty hoes, fifty axes, and Russia sheeting sufficient for fifty tents:-the whole to be delivered to them, as soon as practicable, after their arrival at their new residence, except the blankets and Russia sheeting, which shall be given previously to their removal. ARTICLE X. The lands granted by this agreement and convention to the said band or tribe of Shawnees, shall not be sold nor ceded by them, except to the United States. And the United States guarantee that said lands shall never be within the bounds of any State or territory, nor subject to the laws thereof; and further, that the President of the United States will cause said tribe to be protected at their intended residence, against all interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever, and he shall have the same care and superintendence over them, in the country to which they are to remove, that he has heretofore had over them at their present place of residence. ARTICLE XI. It is understood by the present contracting parties, that any claims which Francis Duchouquet may have, under former treaties, to a section or any quantity of the lands herein ceded to the United States, are not to be prejudiced by the present compact; but to remain as valid as before. Annuities by former treaties. Presents. Lands granted, not to be sold. Guarantee. Claims of F. Duchouquet. Additional ARTICLE XII. In addition to the presents given in the ninth article of this convention, it is agreed that there shall also be given to the said presents. Shawnees, twenty-five rifle guns, to be distributed in the manner provided in said ninth article. Grant to Jos. Parks, &c. Further presents. ARTICLE XIII. At the request of the chiefs, there is granted to Joseph Parks, a quarter blooded Shawnee, one section of land to contain six hundred and forty acres, and to include his present improvements at the old town near Wapaghkonnetta, in consideration of his constant friendship and many charitable and valuable services towards the said Shawnees:—and at the request of the chiefs, it is also stipulated that the price of an average section of the lands herein ceded, shall be reserved in the hands of the Government, to be paid to their friends, the Shawnees who now reside on the river Huron in the Territory of Michigan, for the purpose of bearing their expenses, should they ever wish to follow the Shawnees of Wapaghkonnetta and Hog creek to their new residence west of the Mississippi. ARTICLE XIV. At the request of the chiefs it is agreed that they shall be furnished with two cross-cut saws for the use of their tribe; and also that they shall receive four grindstones annually, for the use of their people, to be charged upon the surplus fund, and they shall further receive, as presents, ten hand saws, ten drawing knives, twenty files, fifty gimblets, twenty augurs of different sizes, ten planes of different sizes, two braces and bits, four hewing axes, two dozen scythes, five frows and five grubbing hoes. In testimony whereof, the said James B. Gardiner, specially appointed commissioner on the part of the United States, and John McElvain, Indian agent as aforesaid, and the said chiefs, warriors and headmen of the said Shawnees of Wapaghkonnetta and Hog creek, have hereunto set their hands and seals at Wapagbkonnetta, this eighth day of August in the year of our Lord one thousand eight hundred and thirty-one. Lauloway, or John Perry, Quarky, Letho, Naecimo, or Little Fox, Pamothaway, or George Williams, Squecawpowee, or Geo. McDougall, Lawathtucker, or John Wolf, JAMES B. GARDINER, Thothweillew, or Bright Horne, P. H. Thawtaw, or Peter Cornstock, Saucothcaw, or Spy Buck, Chawwee, or Thawquotsaway, or Big Man, Jakescaw, or Cap. Tom. Quelenee, Chissecaw, Chupehecaw, or Old Big Knife, Signed and sealed in presence of us, Wm. Walker, Sc'y. to the Commissioners. David Robb, Sub-agent. John McLaughlin. Alexander Thomson. Henry Harvey. John Elliott. Amos Kenworthy. John Armstrong. Jeremiah A. Dooley. Warpole, a Wyandot Chief. Tashnewau, Ottaway Chief. Francis Johnston. John Gunn. James S. Chewers. A. D. Kinnard. Pay ton quot, Ottaway Chief. To the Indian names are subjoined a mark and seal. I hereby certify that the several articles in the foregoing treaty have been fairly interpreted and fully explained to the chiefs, head men and warriors of the Shawnee band or tribe, who have signed the same. JOSEPH PARKS, U. S. Interpreter. ARTICLES OF AGREEMENT AND CONVENTION Made and concluded this thirtieth day of August, in the year of our Lord one thousand eight hundred and thirty-one, by and between James B. Gardiner, specially appointed commissioner on the part of the United States, on the one part, and the chiefs, head men and warriors of the band of Ottoway Indians residing within the State of Ohio on the other part, for a cession of the several tracts of land now held and occupied by said Indians within said State, by reservations made under the treaty concluded at Detroit on the 17th day of November, 1807, and the treaty made at the foot of the Rapids of the Miami river of Lake Erie, on the 29th of September, 1817. WHEREAS the President of the United States, under the authority of the act of Congress, approved May 28, 1830, has appointed a special commissioner to confer with the different Indian tribes residing within the constitutional limits of the State of Ohio, and to offer for their acceptance the provisions of the before mentioned act: And whereas the band of Ottoways residing on Blanchard's fork of the Great Auglaize river, and on the Little Auglaize river at Oquanoxie's village, have expressed their consent to the conditions of said act, and their willingness to remove west of the Mississippi, in order to obtain a more permanent and advantageous home for themselves and their posterity: Therefore, in order to carry into effect the aforesaid objects, the following articles of convention have been agreed upon, by the aforesaid contracting parties, which, when ratified by the President of the United States, by and with the consent of the Senate thereof, shall be mutually binding upon the United States and the aforesaid band of Ottoway Indians. ARTICLE I. The band of Ottoway Indians, residing on Blanchard's fork of the Great Auglaize river, and at Oquanoxa's village on the Little Auglaize river, in consideration of the stipulations herein made on the part of the United States, do forever cede, release and quit claim to the United States, the lands reserved to them by the last clause of the sixth article of the treaty made at the foot of the Rapids of the Miami of the Lake on the 29th of September, 1817; which clause is in the following words: "There shall be reserved for the use of the Ottoway Indians, but not granted to them, a tract of land on Blanchard's fork of the Great Auglaize river, to contain five miles square, the centre of which tract is to be where the old trace crosses the said fork; and one other tract, to contain three miles square on the Little Auglaize river, to include Oquanoxa's village," making in said cession twenty-one thousand seven hundred and sixty acres. Aug. 30, 1831. Proclamation, April 6, 1832. 1830, ch. 148. Cession of land to U. S. by Ot tawa Indians. Ante, p. 160. Cession by a band of Otta was. ARTICLE II. The chiefs, head men and warriors of the band of Ottoway Indians, residing at and near the places called Roche de Boeuf and certain other Wolf rapids, on the Miami river of Lake Erie, and within the State of Ohio, wishing to become parties to this convention, and not being willing, at this time, to stipulate for their removal west of the Mississippi; do hereby agree, in consideration of the stipulations herein made for them on the part of the United States, to cede, release and forever quit claim to the United States the following tracts of land, reserved to them by the treaty made at Detroit on the 17th day of November, 1807, to wit, the tract of six miles square above Roche de Boeuf, to include the village where Tondagonie (or Dog) formerly lived; and also three miles. square at the Wolf rapids aforesaid, which was substituted for the three miles square granted by the said treaty of Detroit to the said Ottoways "to include Presque Isle," but which could not be granted as stipulated in said treaty of Detroit, in consequence of its collision with the grant of twelve miles square to the United States by the treaty of Greenville; making in the whole cession made by this article twenty-eight thousand one hundred and fifty-seven acres, which is exclusive of a grant made to Yellow Hair (or Peter Minor) by the 8th article of the treaty at the foot of the Rapids of Miami, on the 29th of September, 1817, and for which said Minor holds a patent from the General Land Office for 643 acres. ARTICLE III. In consideration of the cessions made in the first article of this convention, the United States agree to cause the band of Ottoways residing on Blanchard's fork, and at Oquanoxa's village, as aforesaid, consisting of about two hundred souls, to be removed, in a convenient and suitable manner, to the western side of the Mississippi river; and will grant, by patent in fee simple, to them and their heirs for ever, as long as they shall exist as a nation, and remain upon the same, a tract of land to contain thirty-four thousand acres, to be located adjoining the south or west line of the reservation equal to fifty miles square, granted to the Shawnees of Missouri and Ohio on the Kanzas river and its branches, by the treaty made at St. Louis, November 7th, 1825. ARTICLE IV. The United States will defray the expense of the removal of the said band of Ottoways, and will moreover supply them with a sufficiency of good and wholesome provisions to support them for one year after their arrival at their new residence. ARTICLE V. In lieu of the improvements which have been made on the lands ceded by the first article of this convention, it is agreed that the United States shall advance to the Ottoways of Blanchard's fork and Oquanoxa's village, the sum of two thousand dollars, to be reimbursed from the sales of the lands ceded by the said first article. And it is expressly understood that this sum is not to be paid until the said Ottoways arrive at their new residence, and that it is for the purpose of enabling them to erect houses and open farms for their accommodation and subsistence in their new country. A fair and equitable distribution of this sum shall be made by the chiefs of the said Ottoways, with the consent of their people, in general council assembled, to such individuals of their band as may have made improvements on the lands ceded by the first article of this convention, and may be properly entitled to the same. ARTICLE VI. The farming utensils, live stock and other chattel property, which the said Ottoways of Blanchard's fork and Oquanoxa's village now own, shall be sold, under the superintendence of some suitable person appointed by the Secretary of War; and the proceeds paid to the owners of such property respectively. ARTICLE VII. The United States will expose to sale to the highest bidder, in the manner of selling the public lands, the tracts ceded by the first article of this convention, and after deducting from the proceeds of such sales the sum of seventy cents per acre, exclusive of the cost of surveying, and the sum of two thousand dollars advanced in lieu of improvements; it is agreed that the balance, or so much thereof as may be necessary, shall be hereby guaranteed for the payment of the debts, which the said Ottoways of Blanchard's fork, and Oquanoxa's village may owe in the State of Ohio and the Territory of Michigan, and agree to be due by them, as provided in the sixteenth article of this convention; and any surplus of the proceeds of said lands, which may still remain, shall be vested by the President in Government stock, and five per cent. thereon shall be paid to the said Ottoways of Blanchard's fork and Oquanoxa's village, as an annuity during the pleasure of Congress. ARTICLE VIII. It is agreed that the said band of Ottoways of Blanchard's fork and Oquanoxa's village, shall receive, at their new residence, a fair proportion of the annuities due to their nation by former treaties, which shall be apportioned under the direction of the Secretary of War, according to their actual numbers. Annuities by former treaties. Lands granted Guarantee. ARTICLE IX. The lands granted by this agreement and convention to the said band of Ottoways residing at Blanchard's fork and Oqua- not to be sold. noxa's village shall not be sold nor ceded by them, except to the United States. And the United States guarantee that said lands shall never be within the bounds of any State or territory, nor subject to the laws thereof, and further, that the President of the United States will cause said band to be protected at their new residence, against all interruption or disturbance from any other tribe or nation of Indians and from any other person or persons whatever: and he shall have the same care and superintendence over them in the country to which they design to remove, that he now has at their present residence. ARTICLE X. As an evidence of the good will and kind feelings of the people of the United States towards the said band of Ottoways of Blanchard's fork and Oquanoxa's village; it is agreed that the following articles shall be given them, as presents, to wit: eighty blankets, twentyfive rifle guns, thirty-five axes, twelve ploughs, twenty sets of horse gears, and Russia sheeting sufficient for tents for their whole band; the whole to be delivered according to the discretion of the Secretary of War. ARTICLE XI. In consideration of the cessions made in the second article of this convention by the chiefs, head men and warriors of the band of Ottoways residing at Roche de Boeuf and Wolf rapids, it is agreed that the United States will grant to said band by patent in fee simple, forty thousand acres of land, west of the Mississippi, adjoining the lands assigned to the Ottoways of Blanchard's fork and Oquanoxa's village, or in such other situation as they may select, on the unappropriated lands in the district of country designed for the emigrating Indians of the United States. And whenever the said band may think proper to accept of the above grant, and remove west of the Mississippi, the United States agree that they shall be removed and subsisted by the Government in the same manner as is provided in this convention for their brethren of Blanchard's fork and Oquanoxa's village, and they shall receive like presents, in proportion to their actual numbers, under the direction of the Secretary of War. It is also understood and agreed that the said band, when they shall agree to remove west of the Mississippi, shall receive their proportion of the annuities due their nation by former treaties, and be entitled in every respect to the same privileges, advantages and protection, which are herein extended to their brethren and the other emigrating Indians of the State of Ohio. ARTICLE XII. The lands ceded by the second article of this convention shall be sold by the United States to the highest bidder, in the manner of selling the public lands, and after deducting from the avails thereof seventy cents per acre, exclusive of the cost of surveying, the balance is hereby guaranteed to discharge such debts of the Ottoways residing on the river and bay of the Miami of Lake Erie, as they may Presents. Grant of land to Ottawas residing at Roche de Boeuf, &c. Sale of lands ceded by said band. |