1837. ing on either side, punish ART. 21. If a citizen of the United States should kill or Killing or wound-wound a Moor, or, on the contrary, if a Moor shall kill or wound a citizen of the United States, the law of the country able by the law shall take place, and equal justice shall be rendered, the consul assisting at the trial; and if any delinquent shall make his escape, the consul shall not be answerable for him in any manner whatever. of the country, &c. Escape of delinquents. intestate, &c., Persons dying ART. 22. If an American citizen shall die in our country, and no care of their will shall appear, the consul shall take possession of his effects; effects. and if there shall be no consul, the effects shall be deposited in the hands of some person worthy of trust, until the party shall appear who has a right to demand them; but if the heir to the person deceased be present, the property shall be delivered to Validity of wills. him without interruption; and if a will shall appear the property shall descend agreeably to that will, as soon as the consul shall declare the validity thereof. Residence of conerally at Tan not accounta ART. 23. The consul of the United States of America, sul tisgen shall reside in any seaport of our dominions that they shall gier.] think proper and they shall be respected, and enjoy all the priAmerican consul vileges which the consuls of any other nation enjoy: and if any ble for debts of the citizens of the United States shall contract any debts or engagements, the consul shall not be in any manner accountable for them, unless he shall have given a promise in writing for the payment or fulfilling thereof; without which promise in writing, no application to him for any redress shall be made. of citizens. No appeal to arms until re ART. 24. If any differences shall arise by either party infringing fusal of friend on any of the articles of this treaty, peace and harmony shall by arrangement. remain notwithstanding, in the fullest force, until a friendly application shall be made for an arrangement; and until that appliIn case of war, cation shall be rejected, no appeal shall be made to arms. And nine months al if a war shall break out between the parties, nine months shall be granted to all the subjects of both parties, to dispose of their effects and retire with their property. And it is further declared, that whatever indulgence, in trade or otherwise, shall be granted to any of the Christian Powers, the citizens of the United States shall be equally entitled to them. lowed to settle affairs, &c. This treaty to &c. ART. 25. This treaty shall continue in force, with the help of last fifty years, God, for fifty years; after the expiration of which term, the treaty shall continue to be binding on both parties, until the one shall give twelve months' notice to the other, of an intention to abandon it; in which case, its operations shall cease at the end of the twelve months. Be it known. Whereas the undersigned, James R. Leib, a citizen of the United States of North America, and now their resident consul at Tangier, having been duly appointed commissioner, by letters patent, under the signature of the President and seal of the United States of North America, bearing date, at 1837. the city of Washington, the 4th day of July A. D. 1835, for negotiating and concluding a treaty of peace and friendship between the United States of North America and the Empire of Morocco; I, therefore, James R. Leib, Commissioner as aforesaid, do conclude the foregoing treaty and every article and clause therein contained; reserving the same, nevertheless, for the final Final ratification of the President of the United States of North Ame- tion reserved to the President, rica, by and with the advice and consent of the Senate. In testimony whereof, I have hereunto affixed my signature, and the seal of this consulate, on the 1st day of Oc[L. S.] tober, in the year of our Lord one thousand eight hundred and thirty-six, and of the Independence of the United States the sixty-first. JAMES R. LEIB. &c. AND WHEREAS, the said treaty has been duly ratified by the Ratification. respective Governments. Now, THEREFORE, BE IT KNOWN THAT 1, ANDREW JACKSON, President of the United States of America, have caused the said treaty to be made public, to the end that the same and every clause and article thereof, may be observed and fulfilled with good faith, by the United States and the citizens thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the seal of the United States to be affixed. DONE at the city of Washington this thirtieth day of January 1837. Menomonie nasis, Septemver 3d, 1836. ANDREW JACKSON, PRESIDENT OF THE UNITED STATES OF AMERICA, To all and singular to whom these presents shall come, Greeting: WHEREAS a treaty was made and concluded at Cedar Point, on Fox river, near Green bay, in the Territory of Wisconsin, on the third day of September, one thousand eight hundred and thirty-six, between Henry Dodge, Governor of said Territory of Wisconsin, commissioner on the part of the United States, on the one part, and the chiefs and head men of the Menomonie nation of Indians of the other part: which treaty is in the words following, to wit: Treaty with the Articles of agreement, made and concluded at Cedar Point, on Fox river, near Green bay, in the Territory of Wis consin, this third day of September in the year of our Lord one thousand eight hundred and thirty-six between Henry Dodge, Governor of said Territory of Wisconsin, commissioner on the part of the United States, on the one part; and the chiefs and head men of the Menomonie nation of Indians, of the other part. Lands ceded to United ARTICLE FIRST. The said Menomonie nation agree to cede to the United States, all of that tract or district of country included within the following boundaries, viz. Beginning at the mouth of Wolf river, and running up and along the same, to a point on the north branch of said river where it crosses the extreme north or rear line of the five hundred thousand acre tract heretofore granted to the New York Indians: thence following the line last mentioned, in a northeastwardly direction, three miles: thence in a northwardly course, to the upper forks of the Menomonie river, at a point to intersect the boundary line between the Menomonie and Chippewa nation of Indians: thence following the said boundary line last mentioned, in an eastwardly direc tion as defined and established by the treaty of the Little Bute des Mort, in 1827, to the Smooth rock or Shos-kin-aubie river: theuce down the said river to where it empties into Green bay, between the Little and Great Bay de Noquet: thence up and along the west side of Green bay, (and including all the islands therein, not heretofore ceded) to the mouth of Fox river: thence up and along the said Fox river, and along the west side of Winnebago lake (including the islands therein) to the mouth of Fox river, where it empties into said lake: thence up and along said Fox river to the place of beginning. (saving and reserving out of the district of country above ceded and described, all that part of the five hundred thousand acre tract, granted by the treaties between the Menomonies and the United States, made on the eighth day of February A. D. 1831, and on the twenty-sev enth day of October A. D. 1832, which may be situated within the boundaries hereinbefore described.) the quantity of land contained in the tract hereby ceded, being estimated at about four millions of acres. 1837. And the said Menomonie nation do further agree to cede and Further cession, relinquish to the United States all that tract or district of country lying upon the Wisconsin river, in said Territory; and included within the following boundaries; viz-Beginning at a point upon said Wisconsin river two miles above the grant or privilege heretofore granted by said nation and the United States, to Amable Grignon; thence running up and along said river forty-eight miles in a direct line and being three miles in width on each side of said river; this tract to contain eight townships or one hundred and eighty-four thousand three hundred and twenty acres of land. in consideration · Bec *ratifica. Provisions to be supplied, farmpurchased, and blacksmiths ap pointed, &c. ing utensils ARTICLE SECOND. In consideration of the cession of the afore- Money to be paid said tract of land, the United States agree to pay to the said Menomonie nation, at the lower end of Wah-ne-kun-nah lake in their own country, the sum of twenty-three thousand seven hundred and fifty dollars,* per annum for the term of twenty years. The United States further agree to pay and deliver to the said Indians, each and every year during the said term of twenty years, the following articles-Three thousand dollars worth of provisions; two thousand pounds of tobacco; thirty barrels of salt; also the sum of five hundred dollars, per year, during the same term, for the purchase of farming utensils, cattle, or implements of husbandry, to be expended under the direction of the superintendent or agent. Also to appoint and pay two blacksmiths to be located at such places as may be designated by the said superintendent or agent, to erect (and supply with the necessary quantity of iron, steel, and tools) two blacksmith shops; during the same term. The United States shall also pay the just debts of the said Debts to be paid. Menomonie Indians, agreeably to the schedule hereunto annexed, amounting to the sum of ninety-nine thousand seven hundred and ten dollars and fifty cents.* See tion. tion. ratifica. * The sum of one thousand dollars, per annum having been in- See ratifica. cluded, by the commissioner in his proposition for the purchase of the above land (which sum was to be applied to the education of the Indian youth ;) and the said Indians having declared that they were not desirous of applying that sum to the aforesaid purpose; and that they wished to give that amount to their friend and relation Robert Grignon; for valuable services rendered by Payments to R. him to their nation; therefore the United States do agree to pay to the said Robert Grignon, the sum of one thousand dollars each year during the said term of twenty years. Grignoa. persons And whereas the said Indians are desirous of making some Provision provision and allowance to their relatives and friends of mixed axed blood, blood: the United States do further agree to pay the sum of eighty thousand dollars, to be divided among all such persons of mixed blood as the chiefs shall hereafter designate: said sum to be apportioned and divided under the direction of a commissioner to be appointed by the President. for of 1837. ARTICLE THIRD. The said Menomonie nation do agree to reU. S. released lease the United States from all such provisions of the treaty of 1831 from certain and 1832, aforesaid, as requires the payment of farmers, blacktreaty of 1831 smiths, millers &c. They likewise relinquish all their right provisions and $2. The above annuities to be paid yearly, &c. under said treaty to appropriation for education, and to all improvements made or to be made upon their reservation on Fox river and Winnebago lake; together with the cattle, farming utensils or other articles furnished or to be furnish to them under said treaty. ARTICLE 4th. The above annuities shall be paid yearly and every year, during the said term, in the month of June or July, or as soon thereafter as the amount shall be received; and the said Menomonie nation do agree to remove from the country ceded, within one year after the ratification of this treaty: Treaty to be This treaty shall be binding and obligatory on the contract binding when ratified by the ing parties, as soon as the same shall be ratified by the PrePresident, &c. sident and Senate of the United States. Done at Cedar Point, in said Territory of Wisconsin this third day of September in the year of our Lord one thousand eight hundred and thirty-six, and in the year of the Independence of the United States the sixty-first. |