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INDIAN TREATIES.

1837.

MARTIN VAN BUREN,

PRESIDENT OF THE UNITED STATES OF AMERICA.

To all and singular to whom these presents may come, greeting: WHEREAS, a treaty between the United States of America and the confederated tribes of Sac and Fox Indians, was made and concluded at the treaty ground, on the right bank of the Mississippi river, in the county of Debuque, and Territory of Wisconsin, opposite Rock island, on the twenty-eighth day of September, in the year one thousand eight hundred and thirty-six, by Henry Dodge, Commissioner on the part of the United States, and the Chiefs, Headmen, and Warriors, of the confederated tribes of the Sac and Fox Indians, on the part of said tribes; which treaty is in the words following, to wit:

confederated

Whereas a treaty between the United States of America and Treaty with the and the confederated tribes of Sac and Fox Indians was made tribes of Sac and Fox Indians, conand concluded at the treaty ground on the right bank of the cluded 28th SepMississippi river in the county of Dubuque and Territory of tember 1836. Wisconsin opposite Rock island, on the twenty-eighth day of September in the year one thousand eight hundred and thirtysix, by Henry Dodge commissioner on the part of the United States, and the chiefs, headmen and warriors of the confedeated tribes of the Sac and Fox Indians, on the part said ribes, which treaty is in the following words, to wit:

Articles of a treaty made and entered into at the treaty ground on the right bank of the Mississippi river in the county of Dubuque and Territory of Wisconsin opposite Rock island, on the twenty-eighth day of September one thousand eight hundred and thirty-six, between Henry Dodge commissioner on the part of the United States, of the one part, and the confederated tribes of Sac and Fox Indians represented in general council by the undersigned chiefs, headmen and warriors of the said tribes, of the other part.

dians in making

Whereas by the second article of the treaty made between Object of the Inthe United States and the confederate tribes of the Sac and Fox the treaty. Indians on the twenty-first day of September one thousand eight hundred and thirty-two, a reservation of four hundred sections of land was made to the Sac and Fox Indians to be aid off under the directions of the President of the United States in conformity to the provisions of said article, and the same having been so subsequently laid out accordingly, and the confederated tribes of Sacs and Foxes being desirous of

1837.

obtaining additional means of support, and to pay their jus creditors, have entered into this treaty, and make the following cession of land.

ARTICLE 1. The confederated tribes of Sacs and Foxes for the purposes above expressed, and for and in consideration cf the stipulations and agreements hereinafter expressed, do hereby Land ceded to cede to the United States forever, the said reservation of four the U. States by hundred sections of land as designated in the second article of

the Indians.

the treaty made between the United States and the confederated tribes of Sacs and Foxes as the same has been surveyed and laid off by order of the President of the United States.

ARTICLE 2. In consideration of the cession contained in the preceding article, the United States hereby agree as follows, to Payments to be wit; To pay to the confederated tribes of the Sac and For States in consi- Indians in the month of June one thousand eight hundred and deration thereof, thirty-seven, the sum of thirty thousand dollars, and for tet

made by the U.

successive years thereafter the sum of ten thousand dollars each year in specie, to be paid at the treaty ground oppose Rock island;* to pay to the widow and children of Felix St Vrain deceased former Indian agent who was killed by the I-, dians, one thousand dollars; to pay to the following named) persons the sums set opposite to their names respectively, being the one half of the amount agreed to be due and owing by th confederated tribes of Sacs and Foxes to their creditors, pr vided said creditors will wait for the other half until the same can be paid out of their annuities, for which purpose the Sa and Foxes will set apart the sum of five thousand dollars ea year, beginning in one thousand eight hundred and thirty-eigh out of their annuities to be paid upon said debts in the prop proportion until the whole amount is discharged; to wit: to Jo Campbell ten thousand dollars, to Jeremiah Smith six hundre and forty dollars, to Stephen Dubois three hundred and fiv dollars and twenty cents, to Nathaniel Knapp one hundr dollars, to Wharton R. McPhearson two hundred and fifty de lars, to S. S. Phelps & Co. four thousand dollars, to Jesse W Shull five hundred dollars, to James Jordan one hundred and fifty dollars, to John R. Campbell fifteen dollars, to Amos Farar one hundred dollars, to the owners of the S. boat Warrio one hundred and sixty-two dollars and seventy-five cents, George Davenport two thousand five hundred and sixty-thre dollars and fifty cents, to Madame St. Ament five hundred de lars, to Madame Joseph Gunville five hundred dollars, to M dame Le Claire one hundred and twenty-five dollars, to M Blondeau one hundred and twenty-five dollars, to Antoine L Claire two thousand four hundred and thirty-six dollars and fifty cents, to Francis Lebachiere one thousand one hundred and sixty-seven dollars and seventy-five cents, to Prat Chouteau & Co. twenty thousand three hundred and sixty two dollars, and forty-two and a half cents, to Nathaniel Pa terson four hundred and fifty-six dollars.t

• See amendment (1) in the ratification. † See amendment (2) in the ratification

1838.

200 horses to be furnished by the

ARTICLE 3. The United States further agree to deliver to the confederated tribes of Sacs and Foxes two hundred horses, as near that number as can be procured with the sum of nine United States. thousand three hundred and forty-one dollars, to be delivered at the payment of the annuities in June one thousand eight hundred and thirty-seven.

ARTICLE 4. At the special request of the Sac and Fox Indians aforesaid, the United States agree to make the following provisions for the benefit and support of seven half-breeds of the Sac and Fox nation, to wit; The United States agree to Wayman for the use and benefit of his half-breed child by a Fox woman named Ni-an-no, one thousand dollars, to Wharton R. McPhearson for the use and benefit of his halfbreed child by To-to-qua, a Fox woman, one thousand dollars, to James Thorn for the use and benefit of his half-breed child by Ka-kee-o-se-qua, a Fox woman, one thousand dollars, to Joseph Smart for the use of his half-breed child by Ka-ti-qua a Fox woman one thousand dollars, to Nathan Smith for the use and benefit of his half-breed child by Wa-na-sa a Sac woman one thousand dollars, and to Joseph M. Street Indian agent, two thousand dollars for the use and benefit of two half-breed children, one the child of Niwa-ka-kee a Fox woman, by one Mitchell, the other the child of Ni-an-na by Amos Farrar, the two thousand dollars to be put at interest, and so much of said interest arising therefrom to be expended for the benefit of the children as said agent shall deem proper and necessary, and when each shall arrive at the age of twenty years, the said agent shall pay to each half-breed one thousand dollars and any balance of interest remaining in his hands at the time.

The provision

United States for

to be made by the

half-breeds.

pay $200 for the

of the children of

ARTICLE 5. At the special request of the said confederated The U. S. to tribes of Sac and Fox Indians it is further agreed by the use and benefit United States, to pay to Joseph M. Street their agent, two hun- John Connoly dedred dollars for the use and benefit of Thompson Connoly and ceased. James Connoly children of their friend John Connoly deceased, to be by said agent put at interest and expended on the educaof said Thompson and James Connoly children of said John Connoly deceased.

ARTICLE 6. The said confederated tribes of Sac and Fox Indians hereby stipulate and agree to remove from off the lands herein in the first article of this treaty ceded to the United States, by the first day of November next ensuing the date hereof, and in order to prevent any future misunderstanding, it is expressly agreed and understood that no band or party of the said confederated tribes of Sac and Fox Indians, shall plant, fish or hunt on any portion of the country herein ceded after the period just mentioned.

ARTICLE 6. This treaty shall be obligatory on the contracting parties after it shall be ratified by the President and Senate of the United States.

Done at the treaty ground on the right bank of the Mississippi in Dubuque county Wisconsin Territory opposite Rock

The

Indians

agree to remove by the first of November next,

&c.

This treaty to when ratified

be obligatory

1837.

island this twenty-eighth day of September one thousand eight hundred and thirty-six.

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A. DODGE, (seal.)

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And whereas the said treaty having been submitted to the Senate of the United States, for their advice and consent in

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respect to its ratification, the said Senate, did, on the twenty-
fifth day of February, one thousand eight hundred and thirty-
advise and consent to the ratification thereof with certain
amendments.

seven,

And whereas, ANDREW JACKSON, then President of the United States of America, did on the twenty-seventh day of February, one thousand eight hundred and thirty-seven, in pursuance of the advice and consent of the Senate, as expressed in their resolution aforesaid, accept, ratify, and confirm the said treaty with the amendments thereto set forth in the said resolution.

And whereas the said Indians having subsequently refused their assent 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."

1837.

cember 1837 with

Now, I, MARTIN VAN BUREN, President of the United Ratified 13th De States of America, do in pursuance of the advice and consent the following of the Senate, as expressed in their said resolutions of the amendments twenty-fifth day of February, and the thirteenth day of October, one thousand eight hundred and thirty-seven, 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 arti- Amendment (1:) cle, 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 Amendment (2.)

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