to 1838. remove as location can be apart for claims allowed by the Indians, together with the expense of this negotiation. Indians agree ART. 6th. The said tribe agrees to remove from the State of soon as a proper Michigan, as soon as a proper location can be obtained. For obtained. this purpose, a deputation shall be sent, to view the country, occu A deputation pied by their kindred tribes, west of the most westerly point of the country, &c. Lake Superior, and if an arrangement for their future and per to be sent to view The smith's shop and the aid nued, &c. manent residence can be made in that quarter, which shall be satisfactory to them, and to the Government, they shall be per mitted to form a reunion, with such tribes, and remove thereto If such arrangement, cannot be effected, the United States wil afford its influence in obtaining a location for them at such place. west of the Mississippi, and southwest of the Missouri, as the legislation of Congress may indicate. The agency of the explo ration, purchase, and removal will be performed by the United States, but the expenses attending the same, shall be chargeable to said Indians at the Treasury, to be refunded out of the proceeds of their lands, at such time, and in such manner as the Secretary of the Treasury shall deem proper. ART. 7th. It is agreed, that the smith's shop shall be continued in agriculture, among the Saganaws, together with the aid in agriculture, farm&c. to be conti- ing utensils, and cattle, secured to them, under the treaty of Sep tember 24th 1819, as fixed, in amount, by the act of Congress of May 15th 1820. But the President is authorized to direct the discontinuance of the stated farmers should he deem proper, and the employment of a supervisor or overseer, to be paid out of this fund, who shall procure the services, and make the purchases required, under such instructions as may be issued by the proper department. And the services shall be rendered, and the shop kept, at such place or places, as may be most beneficial to the Indians. It shall be competent for the Government, at the request of the Indians, seasonably made, to furnish them agricultural products, or horses and saddlery, in lieu of said services, whenever the fund will justify it. Provided, That the whole annual expense, including the pay of the supervisor, shall not exceed the sun of two thousand dollars, fixed by the act herein above referred to pay said tribe ART. 8th. The United States, agree to pay to the said tribe, as $1000, to quiet one of the parties to the treaty, concluded at Detroit, on the 17th two reservations of November 1807, the sum of one thousand dollars, to quiet their land county, Mi. claim, to two reservations of land, of two sections each, lying in Proviso U. S. agree to their claim to of land in Oak chigan, &c. Oakland county, in the State of Michigan, which were ceded to the Government by the Pottowatomies of St. Joseph's, on the nineteenth of September 1827. This sum will be paid to the chiefs, who are designated in the schedule referred to, in the fourth article, at the same time and place, that the annuities for the present year are paid to the tribe. And the said tribe hereby relinquish, and acknowledge full satisfaction, for any claim they now have, or have ever possessed, to the reservations aforesaid. ART. 9th. Nothing in this treaty shall be construed to affect the Payment of an payment of any annuity, due to the said tribe, by any prior treaty not af But the same shall be paid as heretofore. nuities by former treatie fected. * See article 2d, Treaty 20th Dec. 1837. 1838. [This article ART. 10th. Should not the lands herein ceded, be sold, and the avails thereof, vested for said tribe, as provided in the third article, before the thirtieth day of September of the present year, so that the annual interest of such investment, may be relied on, to constitute an annuity for said tribe in the year, eighteen hundred and abrogated by art. thirty-eight, the United States, will, during the said year 1838, 4th, Treaty 20th advance the same amount, which is provided for that object in the fourth article of this treaty, which sum shall be refunded to the Treasury, by said tribe with interest, out of any fund, standing to their credit, at the discretion of the Secretary of the Treasury. ART. 11th. The usual expenses, attending the formation of this treaty, will be paid by the United States, provided, that the Government, may, in the discretion of the President, direct the one moiety thereof, to be charged to the Indian fund, created, by the third article of this treaty. In testimony whereof, the said Henry R. Schoolcraft, commissioner on the part of the United States, and the chiefs and delegates of the said tribe, have hereunto set their hands, and affixed their marks, at the city of Detroit in Michigan, the day and year above written. HENRY R. SCHOOLCRAFT, Comr. FRANCIS WILLETT SHEARMAN, Secretary. Expenses at tending the fortreaty to be paid mation of this by the U. S Of the names of chiefs, entitled to payments under the fourth, and eighth articles of the foregoing treaty: The following chiefs, representing the several bands of the tribe of the Saganaws, are entitled to receive, the several sums of five hundred, and one hundred dollars each, to wit: ་ Signed in presence of— Henry Whiting, Major U. S. A. E. Backus, U. S. A. J. P. Simonton, Capt. U. S. A. Levi Cook, Mayor of the City of Detroit. FRANCIS WILLETT SHEARMAN, Secretary. AND WHEREAS, the said treaty was amended by a treaty made Treaty with the and concluded at Flint river, in the State of Michigan, on Sagana w tribe of the the Chippewa twentieth day of December, eighteen hundred and thirty-seven, Indians conclu between the United States, by Henry R. Schoolcraft, commis- ber 1837. sioner, duly authorized for that purpose, and acting Superintendent of Indian Affairs, and the Saganaw tribe of the Chippewa nations of Indians; which treaty is in the following words, to wit: Articles of a treaty, made and concluded at Flint river, in the State of Michigan, on the twentieth day of December, eighteen hundred and thirty-seven, between the United States, by Henry R. Schoolcraft commissioner duly authorized for that purpose, and acting superintendent of Indian affairs, and the Saganaw tribe of Chippewas. acre to be retain ARTICLE 1. It is agreed, that the sum of fifty cents per acre Fifty cents per shall be retained out of every acre of land ceded by said tribe, ed out of every by the treaty of the 14th of January 1837, as an indemnification for the location to be furnished for their future permanent resi- of dence, and to constitute a fund for emigrating thereto. acre of land ceded by treaty 14th January 1837, &c. a location for head waters of ARTICLE 2d. The United States agree to reserve a location for U.S. to reserve said tribe on the head waters of the Osage river, in the country said tribe on the visited by a delegation of the said tribe during the present year, the Osage river, to be of proper extent, agreeably to their numbers, embracing a &c. due proportion of wood and water, and lying contiguous to tribes of kindred language. Nor shall anything contained in the sixth article of the treaty of the 14th January 1837, entitle them, at this time, to a location in the country west of Lake Superior. ARTICLE 3d. Nothing embraced in the fifth article of said treaty US shall not be obliged to ad 1838. art. treaty 14th Jan. 1837. Proviso shall obligate the United States, at the present time, to advance vance the money from the Treasury, the entire amount appropriated by the said required by 5th tribe in the fourth article of said treaty; but the President shall have authority to direct such part of the said moneys to be paid for the objects indicated, so far as the same are not hereinafter modified, as he may deem proper: Provided, That the whole sum so advanced, shall not exceed seventy-five thousand dollars. And the reduction shall be made upon the several items ratably, or in any other manner he may direct; Provided, That the balance of said appropriations, or of any item or items thereof, shall be paid out of the proceeds of the ceded lands, as soon as the fund wi permit, and the President may direct. Proviso Art. 10th and the 1st and 2d Jan. 1837, abro gated. ARTICLE 4th. The first and second clauses of the fourth article clauses of Art. of the treaty of the 14th of January 1837, and the tenth article 4th Treaty 14th of said treaty, are hereby abrogated; and in lieu thereof, it is agreed, that the United States shall pay to said tribe in each of the years 1838 and 1839, respectively, an annuity of five thou What the U. S sand dollars, and goods to the amount of ten thousand dollars, to be advanced by the Treasury, and to be refunded out of the firs proceeds of their lands. But no further annuity, nor in any higher amounts, shall be paid to them, by virtue of the treaty aforesaid, until the same shall be furnished by the interest of the proceeds of their lands, vested in conformity with the provisions of the third article of said treaty. shall do in lieu thereof. Division of pay. ments due chiefs mentioned schedule A. who ARTICLE 5th. Several of the chiefs entitled to payments by in schedule A, affixed to the treaty aforesaid, having died within the died within the year, it is agreed, that the proportion of the fund, to which they would have been entitled, may be redivided in such manner as the President may direct. year. [This article stricken out by the Senate.] no right of pre ARTICLE 6th. The said tribe set apart nine thousand eight hundred dollars, out of the fund arising from the sale of their lands, to be paid to the individuals named in a list of claims hereunto annexed. There shall be ARTICLE 7th. No act of Congress shall confer upon any citizen, emption to the or other person, the right of pre-emption to any lands ceded to lands ceded by the United States by the treaty of the 14th of January 1837, herein above referred to. Nor shall any construction be put upon any existing law, respecting the public lands, granting this right to any lands ceded by said treaty. Treaty of 14th U. S. to pay the expenses of this ARTICLE 8th. The United States will pay the expenses of this and prior nego. negotiation, together with the unpaid expenses of the prior negotiations, with said tribe, of the 24th of May 1836, and of the 14th of January 1837. tiations. In testimony whereof, the commissioner above named, and the chiefs and headmen of said tribe, have hereunto affixed their sig natures at the time and place above recited, and of the indepen dence of the United States the sixty-second year. HENRY R. SCHOOLCRAFT, Ogisna Kegido, his x mark. (The Chief Speaker,) 1st chief of the tribe. |