Reservations containing one hundred (100) acres, for each individual, and the lines of which shall be so run as to include all their settlements and improve- to be made from ments in the vicinity of Green Bay. said cession. Consideration ART. 3. In consideration of the cession contained in the 1st article of this treaty, the United States agree to pay to the Orchard party of for said cession. the Oneida Indians three thousand (3000) dollars, and to the First Christian party of Oneida Indians thirty thousand five hundred (30,500) dollars, of which last sum three thousand (3,000) dollars may be expended under the supervision of the Rev. Solomon Davis, in the erection of a church and parsonage house, and the residue apportioned, under the direction of the President among the persons having just claims thereto; it being understood that said aggregate sum of thirty-three thousand five hundred (33,500) dollars is designed to be in reimbursement of monies expended by said Indians and in remuneration of the services of their chiefs and agents in purchasing and securing a title to the land ceded in the 1st article. The United States further agree to cause the tracts reserved in the 2d article to be surveyed as soon as practicable. ART. 4. In consideration of the sum of five hundred (500) dollars to be paid to him by the chiefs and representatives of the said parties of Oneida Indians, John Denny (alias John Sundown,) their interpreter agrees to relinquish to them all his title and interest in the tract reserved in the 2d article of this treaty. Relinquishment by John Denny. Expenses of this treaty to be ART. 5. It is understood and agreed that the expenses of this treaty and of the chiefs and representatives signing it, in coming to and returning from this city, and while here, shall be paid by the United paid by U.S. States. ART. 6. This treaty to be binding upon the contracting parties when Treaty binding the same shall be ratified by the United States. In witness whereof, the said Carey A. Harris and the undersigned chiefs and representatives of the said parties of Oneida Indians have hereunto set their hands at the City of Washington, this third day of February 1838. O. S. Hall. Jas. P. Maury. Charles E. Mix. Charles J. Love. John Denny, alias when ratified. To the Indian names are subjoined marks, ARTICLE 4th. This treaty to be binding upon the contracting parties Treaty binding when the same shall be ratified by the United States. when ratified. In witness whereof the said John Dougherty agent of Indian affairs Frank White Cloud,. Non-gee-ninga, or No Heart, Mock Shig a ton-ah, or the Great Man, Wah nun gua schoo ny, or He that has no Fear, Seenah ty yaa, or the Blistered Foot, JNO. DOUGHERTY, Ind. Agt. Rahno way ing ga, or Little Pipe, Ta-ro-hah, or Pile of Meat. Done in presence of Anthony L. Davis, Ind. sub-agt. Vance M. Campbell. James M. Crope. Jeffrey Deroin, Interpreter. To the Indian names are subjoined marks. ARTICLES OF A TREATY Made and concluded at the Forks of the Wabash in the State of Indiana, between the United States of America, by her Commissioner Abel C. Pepper, and the Miami tribe of Indians on the sixth day of November in the year of our Lord eighteen hundred and thirty-eight. Nov. 6, 1838. Proclamation, Feb. 8, 1839. Land ceded to ART. 1. The Miami tribe of Indians hereby cede to the United States all that tract of land lying south of the Wabash river and included the U. S. within the following bounds to wit: Commencing at a point on said river where the western boundary line of the Miami reserve intersects the same, near the mouth of Pipe creek; thence south two miles; thence west one mile; thence south along said boundary line, three miles; thence east to the Mississinnewa river; thence up the said river with the meanders thereof to the eastern boundary line of the said Miami reserve; thence north along said eastern boundary line to the Wabash river; thence down the said last named river with the meanders thereof to the place of beginning. The said Miami tribe of Indians do also hereby cede to the United States, the three following reservations of land made for the use of the Miami nation of Indians by the 2d article of a treaty made and concluded at St. Mary's in the State of Ohio, on the 6th of October 1818 to wit: The reservation on the Wabash river, below the forks thereof: The residue of the reservation opposite the mouth of the river Abouette: The reservation at the mouth of a creek called Flat Rock, where the road to White river crosses the same. Also one other reservation of land made for the use of said tribe at Seeks village on Eel river, by the 2d article of a treaty made and conIcluded on the 23d October 1826. ART. 2. From the cession aforesaid, the Miami tribe reserve for the band of Me-to-sin-ia, the following tract of land to wit: Beginning on Cession of cer tain reserva tions. Ante, p. 189. Ante, p. 300. Reservation for to-sin-ia. the band of Me Consideration the eastern boundary line of the big reserve, where the Mississinnewa river crosses the same; thence down said river with the meanders thereof to the mouth of the creek called Forked Branch; thence north two miles; thence in a direct line to a point on the eastern boundary line two miles north of the place of beginning; thence south to the place of beginning, supposed to contain ten square miles. ART. 3. In consideration of the cession aforesaid, the United States for said cession. agree to pay the Miami tribe of Indians three hundred and thirty-five thousand six hundred and eighty dollars; sixty thousand dollars of which to be paid immediately after the ratification of this treaty and the appropriation to carry its provisions into effect; and the residue of said sum after the payment of claims hereinafter stipulated to be paid, in ten yearly instalments of twelve thousand five hundred and sixtyeight dollars per year. ART. 4. It is further stipulated that the sum of six thousand eight hundred dollars, be paid John B. Richardville; and the sum of two thousand six hundred and twelve dollars be paid Francis Godfroy; which said sums are their respective claims against said tribe prior to October 23, 1834, excluded from investigation by the late commissioner of the United States, by reason of their being Indians of said tribe. ART. 5. The said Miami tribe of Indians being anxious to pay all their just debts, at their request it is stipulated, that immediately after the ratification of this treaty, the United States shall appoint a commissioner or commissioners, who shall be authorized to investigate all claims against said tribe which have accrued since the 23d day of October 1834, without regard to distinction of blood in the claimants; and to pay such debts as, having accrued since the said period, shall be proved to his or their satisfaction, to be legal and just. ART. 6. It is further stipulated that the sum of one hundred and fifty thousand dollars out of the amount agreed to be paid said tribe in the third article of this treaty, shall be set apart for the payment of the claims under the provisions of the fourth and fifth articles of this treaty, as well as for the payment of any balance ascertained to be due from said tribe by the investigation under the provisions of the treaty of 1834; and should there be an unexpended balance in the hands of said commissioner or commissioners after the payment of said claims, the same shall be paid over to the said tribe at the payment of their next subsequent annuity; but should the said sum so set apart for the purpose aforesaid, be found insufficient to pay the same, then the ascertained balance due on said claims shall be paid in three equal instalments from the annuities of said tribe. And the said Miami tribe of Indians through this public instrument proclaim to all concerned, that no debt or debts that any Indian or Indians of said tribe may contract with any person or persons, shall operate as a lien on the annuity or annuities, nor on the land of the said tribe for legal enforcement. Nor shall any person or persons other than the members of said Miami tribe, who may by sufferance live on the land of, or intermarry in, said tribe, have any right to the land or any interest in the annuities of said tribe, until such person or persons shall have been by general council adopted into their tribe. ART. 7. It is further stipulated, that the United States will cause the buildings and improvements on the land hereby ceded, to be appraised, and have buildings and improvements of a corresponding value made at such places as the chiefs of said tribe may designate: and the Indians of said tribe are to remain in the peaceable occupation of their present improvements, until the United States shall make the said corresponding improvements. ART. 8. It is further stipulated that the United States patent to Beaver, the five sections of land, and to Chapine the one section of land, reserved to them respectively in the second article of the treaty made Anno Domino 1826, between the parties to the present treaty. ART. 9. The United States agree to cause the boundary lines of the land of said tribe in the State of Indiana, to be surveyed and marked within the period of one year after the ratification of this treaty. ART. 10. The United States stipulate to possess, the Miami tribe of Indians of, and guarranty to them forever, a country west of the Mississippi river, to remove to and settle on, when the said tribe may be disposed to emigrate from their present country, and that guarranty is hereby pledged: And the said country shall be sufficient in extent, and suited to their wants and condition and be in a region contiguous to that in the occupation of the tribes which emigrated from the States of Ohio and Indiana. And when the said tribe shall have emigrated, the United States shall protect the said tribe and the people thereof, in their rights and possessions, against the injuries, encroachments and oppressions of any person or persons, tribe or tribes whatsoever. ART. 11. It is further stipulated, that the United States will defray the expenses of a deputation of six chiefs or headmen, to explore the country to be assigned to said tribe, west of the Mississippi river. Said deputation to be selected by said tribe in general council. ART. 12. The United States agree to grant by patent to each of the Miami Indians named in the schedule hereunto annexed, the tracts of land therein respectively designated. U. S. to gran patents to Indians named ir schedule an And the said tribe in general council request, that the patents for the nexed. grants in said schedule contained, shall be transmitted to the principal chief of said tribe, to be by him distributed to the respective grantees. ART. 13. It is further stipulated, that should this treaty not be ratified at the next session of the Congress of the United States, then it shall be null and void to all intents and purposes between the parties. ART. 14. And whereas John B. Richardville, the principal chief of said tribe, is very old and infirm, and not well able to endure the fatigue of a long journey, it is agreed that the United States will pay to him and his family the proportion of the annuity of said tribe which their number shall indicate to be due to them, at Fort Wayne whenever the said tribe shall emigrate to the country to be assigned them west, as a future residence. ART. 15. It is further stipulated that as long as the Congress of the United States shall in its discretion make an appropriation under the sixth article of the treaty made between the United States and said tribe in the year 1826 for the support of the infirm and the education of the youth of said tribe, one half of the amount so appropriated shall be paid to the chiefs, to be by them applied to the support of the poor and infirm of said tribe, in such manner as shall be most beneficial. If not ratified at next session, &c., to be null and void. J. B. Richardville's portion to be paid him at Fort Wayne. Support of the infirm, &c. Ante, p. 300. Treaty binding ART. 16. This treaty after the same shall be ratified by the President and Senate of the United States, shall be binding on the contracting when ratified. parties. |