The above assent was voluntarily freely and fairly given in my presence, after being fully and fairly explained by me. R. H. GILLET. Com, &c. We the undersigned sachems chiefs and head men of the Tuscarora nation of Indians residing in the State of New York, do hereby give our free and voluntary assent to the foregoing treaty as amended by the resolution of the Senate of the United States on the eleventh day of June 1838, and to our contract connected therewith, the same having been submitted to us by Ransom H. Gillet, a commissioner on the part of the United States, and fully and fairly explained by him to our said tribe in council assembled. Dated August 14th, 1838. Nicholas Cusick, William Chew, John Patterson, William Mountpleasant, Matthew Jack, George L. Printup, Samuel Jacobs. Executed in presence of J. S. Buckingham, D. Judson, Leceister S. Buckingham, Orlando Allen. To the Indian names are subjoined marks. The above assent was freely and voluntarily given after being fully and fairly explained by me. R. H. GILLET, Com. We the undersigned chiefs and head men of the tribe of Cayuga Indians residing in the State of New York do hereby give our free and voluntary assent to the foregoing treaty as amended by the resolution of the Senate of the United States on the eleventh day of June 1838, the same having been submitted to us by Ransom H. Gillet, a commissioner on the part of the United States, and fully and fairly explained by him to our said tribe in council assembled. Dated August 30th 1838. Thomas Crow, John Crow, Executed in presence of James Young. To the Indian names are subjoined marks. Ghastly Darkness, The above four signatures were freely given in our presence. R. H. GILLET, Com. ARTICLES OF A TREATY Concluded at the city of Saganaw in Michigan, on the twentythird day of January eighteen hundred and thirty-eight, between the United States of America, by the undersigned commissioner, and the several bands of the Chippewa nation comprehended within the district of Saganaw. WHEREAS the chiefs of said bands have represented, that combinations of purchasers may be formed, at the sale of their lands for the purpose of keeping down the price thereof, both at the public and private sales, whereby the proceeds would be greatly diminished; and whereas, such a procedure would defeat some of the primary objects of the cession of the lands to the United States, and thereby originate difficulties to their early removal and expatriation to the country west of the Mississippi; and whereas, full authority has been given to the undersigned, respectively, on the part of the United States, and the said bands, to conclude and settle every question connected with the sale and cession aforesaid; Now therefore, to the end, that justice may completely ensue, the objects of both the contracting parties be attained, and peace and friendship be preserved with said tribes, it is mutually agreed as follows: ARTICLE 1st. The lands ceded by the treaty of the 14th of January 1837, shall be offered for sale, by proclamation of the President, and the sale shall be conducted in the same manner, as the laws require other lands to be sold. But it is provided, That all lands brought into market, under the authority of said treaty, shall be put up for sale by the register and receiver of the respective land office, at five dollars per acre, which is hereby declared to be the minimum price thereof; and if this price is not bid the sales shall be stopped: nor shall any such lands be disposed of, either at public or private sales, for a sum less than five dollars per acre, for, and during the term of two years from the commencement of the sale. Should any portion of said lands remain unsold at the expiration of this time, the minimum price shall be diminished to two dollars and fifty cents per acre, at which price they shall be subject to entry until the whole quantity is sold: Provided, That if any part of said lands remain unsold at the expiration of five years from the date of the ratification of this treaty, such lands shall fall under the provision of third article of this treaty. ARTICLE 2nd. The survey and proclamation of sale shall apply, as well to the reserves on the river Angrais, and at Rifle river, of which said Indians are to have the usufruct and occupancy for five years, as to the other lands ceded: but the sales shall be made subject to the incumbrance of such right of occupancy by the Indians, nor shall any lands thus sold be entered upon, until the full end and term of said five years, without the consent of said Indians, publickly obtained, at the office of the proper superintendent, agent or sub-agent, of such tribe or band; which consent shall be expressed by the certificate of such officer, delivered to the purchaser. And to enable such officer to act understandingly, in the discharge of this duty, a plat of the survey of such reservations, shall be furnished for the use of his office. ARTICLE 3rd. To provide against the contingency of any of said lands remaining unsold, and to remove any objections to emigrating, on the 2X (565) Jan. 23, 1838. Proclamation, July 2, 1838. Preamble. Lands ceded by treaty of 14th offered for sale Jan. 1837, to be by proclamation, &c. Proviso. Ante, p. 528. [This article stricken out; see the amendments in the ratification.] |