above stipulated for shall be re-established and maintained at their new residence, upon the same terms and conditions as are above provided for their removal and establishment west of the north and south line mentioned in the first article of this treaty. Third. That the President of the United States will as soon as convenient after the ratification of this treaty, appoint a commissioner for the purpose, and cause a line to be run north from the painted or red rocks on the White Breast, to the southern boundary of the neutral ground, and south from the said rocks to the northern boundary of Missouri; and will have the said lines so marked and designated, that the Indians and white people may know the boundary which is to separate their possessions. ARTICLE III. Boundary to be run and marked. Removal of The Sacs and Foxes agree that they will remove to the west side of the line running north and south from the painted or red rocks on the Indians. White Breast, on or before the first of May next, and that so soon after the President shall have assigned them a residence upon the waters of the Missouri, as their chiefs shall consent to do so, the tribe will remove to the land so assigned them; and that if they do not remove before the expiration of the term of three years, they will then remove at their own expense; and the United States agree, that whenever the chiefs shall give notice to the Commissioner of Indian Affairs of the time at which they will commence their removal to the land to be assigned them by the President, a quantity of provisions sufficient for their subsistence while removing, shall be furnished them at their agency, and an addi- removal. tional quantity, not exceeding one years supply shall be delivered to them upon their arrival upon the lands assigned them; the cost and expenses of which supplies shall be retained out of any money payable to them by the United States. ARTICLE IV. It is agreed that each of the principal chiefs of the Sacs and Foxes, shall hereafter receive the sum of five hundred dollars annually, out of the annuities payable to the tribe, to be used and expended by them for such purposes as they may think proper, with the approbation of their agent. ARTICLE V. Provisions for Each principal chief to receive $500 annually. $30,000 to be retained at each annual pay ment. How to be ex It is further agreed that there shall be a fund amounting to thirty thousand dollars retained at each annual payment to the Sacs and Foxes, in the hands of the agent appointed by the President for their tribe, to be expended by the chiefs, with the approbation of the agent, for national and charitable purposes among their people; such as the support of their poor, burying their dead, employing physicians for the pended. sick, procuring provisions for their people in cases of necessity, and such other purposes of general utility as the chiefs may think proper, and the agent approve. And if at any payment of the annuities of the tribe, a balance of the fund so retained from the preceding year shall remain unexpended, only so much shall be retained in addition as will make up the sum of thirty thousand dollars. ARTICLE VI. It is further agreed that the Sacs and Foxes may, at any time, with the consent of the President of the United States, direct the application of any portion of the annuities payable to them, under this or any former treaty, to the purchase of goods or provisions, or to agricultural purposes, or any other object tending to their improvement, or calculated to increase the comfort and happiness of their people. Application of any portion of annuities. Certain funds purposes. ARTICLE VII. The United States agree, that the unexpended balance of the fund for agricultural created by the seventh paragraph of the second article of the treaty of the twenty-first of October, 1837, for agricultural purposes, or so much thereof as may be necessary, shall be used and employed in the cultivation of the pattern farm near the present Sac and Fox agency, in the year 1843, for the exclusive use and benefit of the tribe. And they further agree, that such portion of the fund for erecting mills, and supporting millers, specified in the fourth paragraph of the second article of the aforesaid treaty of October 21st, 1837, as may be and remain unexpended on the 1st day of May next, shall be transferred to and made part of the sum designated in the fifth paragraph (as amended) of the article and treaty above named, for breaking up land and other beneficial objects, and become thereafter applicable to the same purposes, as were in the said fifth paragraph, originally intended. Remains of the late chief Wa-pel-lo to be buried, &c. Patent to issue to E. M. Street for 640 acres. Treaty binding when ratified. Proviso. ARTICLE VIII. The Sacs and Foxes have caused the remains of their late distinguished chief Wa-pel-lo to be buried at their agency, near the grave of their late friend and agent General Joseph M. Street, and have put into the hands of their agent the sum of one hundred dollars to procure a tombstone to be erected over his grave, similar to that which has been erected over the grave of General Street; and because they wish the graves of their friend and their chief to remain in the possession of the family of General Street, to whom they were indebted in his life-time for many acts of kindness, they wish to give to his widow Mrs. Eliza M. Street one section of land to include the said graves, and the agencyhouse and enclosures around and near it; and as the agency house was built at the expense of the United States, the Sacs and Foxes agree to pay them the sum of one thousand dollars the value of said building, assessed by gentlemen appointed by them, and Governor Chambers commissioner on the part of the United States, to be deducted from the first annuity payable to them under the provisions of this treaty. And the United States agree to grant to the said Eliza M. Street by one or more patents, six hundred and forty acres of land in such legal subdivisions, as will include the said burial ground, the agency house, and improvements around, and near it, in good and convenient form, to be selected by the said E. M. Street or her duly authorized agent. ARTICLE IX. It is finally agreed that this treaty shall be binding on the two contracting parties, so soon as it shall have been ratified by the President and Senate of the United States: Provided always, That should the Senate disagree to and reject, alter or amend any portion or stipulation thereof, the same must be again submitted to the Sacs and Foxes, and assented to by them, before it shall be considered valid and obligatory upon them, and if they disagree to such alteration or amendment, the treaty shall be returned to the Senate for ratification or rejection, in the form in which it was signed. In witness whereof, the said John Chambers, commissioner on the part of the United States, and the undersigned chiefs, braves, and headmen of the Sac and Fox nation of Indians, have hereunto set their hands, at the Sac and Fox agency, in the Territory of Iowa, this eleventh day of October, Anno Domini one thousand eight hundred and forty-two. JOHN CHAMBERS. Foxes. Wa co sha she, An au e wit, Ka ka ke, Ma wha why, Ma che na ka me quat, Pe shaw koa, Wah ke mo wa ta pa, Muk qua gese, Ko ko etch. Signed in presence of John Beach, U. S. Ind. Agt. and Sec'y. Antoine Le Claire, U. S. Interpreter. Josiah Swart, U. S. Interpreter. J. Allen, Capt. 1st dragoons. C. F. Ruff, Lieut. 1st U. S. dragoons. Arthur Bridgman. Alfred Hebard. Jacob O. Phister. To the Indian names are subjoined marks. SCHEDULE OF DEBTS Due from the confederated tribes of the Sac and Fox Indians to be paid by the United States under the provisions of a treaty made and concluded at the Sac and Fox agency in the Territory of Iowa on the eleventh day of October in the year 1842; to which this schedule is annexed as a part thereof. Schedule of debts of Indians to be paid. APPENDIX I. CONTRACT Entered into, under the sanction of the United States of America, Sept. 15, 1797. between Robert Morris and the Seneka nation of Indians. This indenture, made the fifteenth day of September, in the year of our Lord one thousand seven hundred and ninety-seven, between the sachems, chiefs, and warriors of the Seneka nation of Indians, of the first part, and Robert Morris, of the city of Philadelphia, Esquire, of the second part: Contract between Robert Morris and the Senekas Act of 1802, ch. 13, § 12. Robert Mor to vest ris Whereas the Commonwealth of Massachusetts have granted, bargained, and sold unto the said Robert Morris, his heirs and assigns, forever, the pre-emptive right, and all other the right, title, and interest, which the said Commonwealth had to all that tract of land hereinafter particularly mentioned, being part of a tract of land lying within the State of New York, the right of pre-emption of the soil whereof, from the native Indians, was ceded and granted by the said State of New York, to the said Commonwealth: and whereas, at a treaty held under the authority of the United States, with the said Seneka nation of Indians, at Genesee, in the county of Ontario, and State of New York, on the day of the date of these presents, and on sundry days immediately prior thereto, by the honorable Jeremiah Wadsworth, Esquire, a commissioner appointed by the President of the United States to hold the same, in pursuance of the constitution, and of the act of the congress of the United States, in such case made and provided, it was agreed, in the presence and with the approbation of the said commissioner, by the sachems, chiefs, and warriors of the said nation of Indians, for themselves and in behalf of their nation, to sell to the said Robert Morris, and to his heirs and assigns, forever, all their right to all that tract of land above recited, and hereinafter particularly specified, for the sum of one hundred thousand dollars, to be by the said Robert Morris vested in the stock of the bank of the United States, and held in the name of the President of the United States, for the use and behoof of the said nation of Indians, the said agreement and sale being also made in the presence, and with the approbation of the honorable William Shepard, Esquire, the superintendent appointed for such purpose, in pursuance of a resolve of the General Court of the Commonwealth of Massachusetts, passed the eleventh day of March, in the year of our Lord one thousand seven hundred and ninety-one: now this indenture witnesseth, that the said parties, of the first part, for and in consideration of the premises above recited, and for divers other good and valuable considerations them thereunto moving, have granted, bargained, sold, aliened, released, enfeoffed, and confirmed; and by these presents do grant, bargain, sell, alien, release, enfeoff, and confirm, unto the said party of the second part, his heirs and assigns, forever, all that certain tract of land, except as is hereinafter excepted, lying within the county of Ontario, and State of New York, being part of a tract of land, the right of preemption whereof was ceded by the State of New York to the Commonwealth of Massachusetts, by deed of cession executed at Hartford, on the sixteenth day of December, in the year of our Lord one thousand seven hundred and eighty-six, being all such part thereof as is not included in the Indian purchase made by Oliver Phelps and Nathaniel Gorham, and bounded as follows, to wit: easterly, Boundary of by the land confirmed to Oliver Phelps and Nathaniel Gorham by the legislature the lands sold to of the Commonwealth of Massachusetts, by an act passed the twenty-first day of November, in the year of our Lord one thousand seven hundred and eighty-eight; southerly, by the north boundary line of the State of Pennsylvania; westerly, partly by a tract of land, part of the land ceded by the State of Massachusetts VOL. VII. -76 (601) 3 A Robert Morris. |