sent to one of the said amendments, the Senate of the United States, the said treaty having been again submitted to their consideration, did, on the thirteenth day of October, one thousand eight hundred and thirty-seven, resolve as follows, viz: "Whereas in the second article of the treaty made with the confederated tribe of Sac and Fox Indians, dated the 28th day of September, 1836, provision is made for the payment of sundry debts said to be due from said Indians to the several individuals, whose names are mentioned in said article, and whereas the said treaty was submitted by the President of the United States to the Senate for advice, as to its ratification, and whereas the Senate advised the ratification of said treaty with sundry amendments, and among them recommended, that the provision before mentioned for the payment of said debts to the individuals named should be stricken out, and in lieu thereof a provision inserted by which the sum of forty-eight thousand four hundred and fifty-eight dollars, eighty-seven and an half cents should be applied to the payment of such debts as should be found to be due by the superintendent of said Indians &c; and whereas the said Indians have refused to give their assent to said amendments; "Therefore it is now resolved, two-thirds of the Senators present concurring, that the Senate do advise and consent to the ratification of said treaty, without the amendment before mentioned, and that so far as it relates to said debts the treaty be construed and executed in the manner set forth therein, when it was executed by the contracting parties." Now, I, MARTIN VAN BUREN, President of the United States of America, do in pursuance of the advice and consent of the Senate, as expressed in their said resolutions of the twenty-fifth day of February, and the thirteenth day of October, one thousand eight hundred and thirtyseven, accept, ratify, and confirm the said treaty, with the following amendments and no other, viz: "After the word 'island' in the third line of the second article, insert the following words: "Or such other place as may be designated by the President of the United States.' "The Ioway Indians having set up a claim to a part of the lands ceded by this treaty, it is therefore hereby provided, that the President of the United States shall cause the validity and extent of said claim to be ascertained, and upon a relinquishment of said claim to the United States, he shall cause the reasonable and fair value thereof to be paid to said Ioway Indians, and the same amount to be deducted from the sum stipulated to be paid to the Sacs and Foxes." relinquishment; and as some compensation for the great sacrifice made by the several deputations at this particular season, by abandoning their fall hunts and traveling several hundred miles to attend this convention the undersigned John Dougherty and Joshua Pilcher agrees on behalf of the United States to pay as a present to the tribes herein before named the sum of four thousand five hundred and twenty dollars in merchandize, the receipt of which they hereby acknowledge having been distributed among them in the proportions following. To the Otoes twelve hundred and fifty dollars, to the Missouries one thousand dollars each tribe. to the Omahaws twelve hundred and seventy dolls.to the Yankton and Santee bands of Sioux one thousand dollars. ART. 3d. In consequence of the removal of the Otoes and Missouries from their former situation on the river Platte to the place selected for them, and of their having to build new habitations last spring at the time which should have been occupied in attending to their crops, it appears that they have failed to such a degree as to make it certain that they will lack the means of subsisting next spring, when it will be necessary for them to commence cultivating the lands now preparing for their use. It is therefore agreed that the said Otoes, and Missouries (in addition to the presents herein before mentioned) shall be furnished at the expence of the United States with five hundred bushels of corn to be delivered at their village in the month of April next. And the same causes operating upon the Omahaws, they having also abandoned their former situation, and established at the place recommended to them on the Missouri river, and finding it difficult without the aid of ploughs to cultivate land near there village where they would be secure from their enemies, it is agreed as a farther proof of the liberality of the Government and its disposition to advance such tribes in the cultivation of the soil as may manifest a disposition to rely on it for the future means of subsistence; that they shall have one hundred acres of ground broke up and put under a fence near their village, so soon as it can be done after the ratification of this convention, and that there shall be a suitable person employed as farmer to assist and instruct them in cultivating the soil so soon and for such time as the President of the United States may deem proper.* *ART. 4th. The undersigned chiefs braves and head men of the tribes herein before named, feeling sensible of the many acts of kindness and liberality manifested towards them, and their respective tribes by their good friends Joseph Roubadoux sen., and Lucien Fontenelle, during an intercourse of many years; aware of the heavy losses sustained by them at different times by their liberality in extending large credits to them and their people, which have never been paid, and which (owing to the impoverished situation of their country and their scanty means of living) never can be; are anxious to evince some evidence of gratitude for such benefits and favours, and compensate the said individuals in some measure for their losses. To this end at the earnest solicitation of said tribes it is agreed that the said Joseph Roubadoux sen.shall have the privilege of selecting three sections of land any where within the ceded territory so soon as the same shall be surveyed, and the said Lucien Fontenelle shall be permitted to select two sections in like manner which shall be conveyed to them by the United States without cost, whenever the land so selected shall be reported by them there agents or legal representatives to the register and receiver of the land office of the district in which they lie. It is however distinctly understood that if the President and Senate of the United States should refuse to ratify this and the last preceding article or either of them or any part thereof, that such refusal shall in no way affect the relinquishment and Portions of Ottoes and Missourias to be furnished with 500 bush els of corn. Omahas to have 100 acres of ground broke up, &c. * See note on P. 526. Compensation to certain persons. Obligatory when ratified. cession made by the tribes parties hereto in the first article of this convention. ART. 5. This convention shall be obligatory on the tribes parties hereto, from and after the date hereof, and on the United States from and after its ratification by the Government thereof. Done,signed and sealed at Bellevue Upper Missouri this fifteenth day. of October, one thousand eight hundred and thirty-six, and of the Independance of the United States, the sixty-first. Otoes. Jaton, Big Kaw, The Thief, JNO. DOUGHERTY, Ind. Agt. JOSHUA PILCHER, U. S. Ind. S. Agent. Wash-kaw-mony, Little chief, Yankton and Santees. Pitta-eu-ta-pishna, Ha-che-you-ketcha, Omahaws. Big Elk, Chu-we-a-teau, WITNESSES:-J. Varnum Hamilton, Sutler U. S. Drags. & act. secy. William Steele. John A. Ewell. William J. Martin. Martin Dorion. To the Indian names are subjoined marks. [NOTE.-The foregoing treaty was ratified with the following amendments thereto, as expressed in the resolution of the Senate: Strike out that part of the third article following the word "convention" in the following words: "And that there shall be a suitable person employed as farmer, to assist and instruct them in cultivating the soil so soon, and for such time, as the President of the United States may deem proper.' Strike out the fourth article.] |