1838.

cession aforesaid,

$335,680 pay.

made.

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.

U. S. in consi- ART. 3. In consideration of the cession aforesaid, the United deration of the States agree to pay the Miami tribe of Indians, three hundred to pay Indians and thirty-five thousand, six hundred and eighty dollars; sixty ment, when to be thousand dollars of which to be paid immediately after the rati fication of this treaty and the appropriation to carry its provi sions into effect; and the residue of said sum after the payment of claims hereinafter stipulated to be paid, in ten yearly instal ments of twelve thousand five hundred and sixty-eight dollars per year.

Payments to be made to J. B. Ri

Godfrey.

ART. 4. It is further stipulated that the sum of six thousand, chardville and F. eight hundred dollars, be paid John B. Richardville; and the sum of two thousand six hundred and twelve dollars be paid Francis Godfrey; 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.

U.S. to appoint

a comr. to inves

claims

since

which

ART. 5. The said Miami tribe of Indians being anxious to tigate and pay pay all their just debts, at their request it is stipulated, that imIndians again mediately after the ratification of this treaty, the United States have accrued shall appoint a commissioner or commissioners, who shall be 1834. Oct. 234, 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.

$150,000 out of the sum agreed

under 5th and 6th

ty, and of balan

ART. 6. It is further stipulated that the sum of one hundred to be paid Indians and fifty thousand dollars out of the amount agreed to be paid by 3d art to be set said tribe in the third article of this treaty, shall be set apart for apart for the pay. ment of claims the payment of the claims under the provisions of the fourth arts. of this trea- and fifth articles of this treaty, as well as for the payment of ces found to be any balance ascertained to be due from said tribe by the inves due from Indians tigation under the provisions of the treaty of 1834; and should tion under treaty there be an unexpended balance in the hands of said commis plus, how to be sioner or commissioners after the payment of said claims, the disposed of, and if a deficiency, same shall be paid over to the said tribe at the payment of their how to be made next subsequent annuity; but should the said sum so set apart

by the investiga

of 1834-if a sur

up.

not to operate as

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. Debts of Indians And the said Miami tribe of Indians through this public ina lien on their an- strument proclaim to all concerned, that no debt or debts that nuities or lands. any Indian or Indians of said tribe may contract with any person or persons, shall operate as a lien on the annuity or annuities, Persons who nor on the land of the said tribe for legal enforcement. Nor right to the land shall any person or persons other than the members of said or annuities of In- 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

shall have no

dians.

1838.

the buildings,&c. on the land ced

ed,

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 u. S. to have cause the buildings and improvements on the land hereby ceded, to be appraised, and have buildings and improvements of a cor- and appraised, responding value made at such places as the chiefs of said tribe &c., of a corres may designate and the Indians of said tribe are to remain in made - Indians the peaceable occupation of their present improvements, until sion until the United States shall make the said corresponding improve

ments.

buildings,

ponding value

to retain posses

same is done.

the

to Beaver and

ART. 8. It is further stipulated that the United States patent U. S. to patent to Beaver, the five sections of land, and to Chapine the one Chapine certain section of land, reserved to them respectively in the second land. article of the treaty made Anno Domino 1826, between the parties to the present treaty.

Indians with a

tribe may be dis

grate, and to pro

ART. 9. The United States agree to 'cause, the boundary lines u. S. to cause of the land of said tribe in the State of Indiana, to be surveyed lines of the land the boundary and marked within the period of one year after the ratification of said Indians to be surveyed and of this treaty. marked. Art. 10. The United States stipulate to possess, the Miami U. S. to provide tribe of Indians of, and guaranty to them forever, a country country west of west of the Mississippi river, to remove to and settle on, when Miss. when said the said tribe may be disposed to emigrate from the present posed to emicountry, and that guaranty is hereby pledged: And the said tect them in their country shall be sufficient in extent, and suited to their wants s 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.

possession of the

the expense of a

ART. 11. It is further stipulated, that the United States will U. S. to defray defray the expenses of a deputation of six chiefs or headmen, deputation of the to explore the country to be assigned to said tribe, west of the Indians to exMississippi river-Said deputation to be selected by said tribe try. in general council.

plore the coun

ART. 12. The United States agree to grant by patent to each U.S.to grant paof the Miami Indians named in the schedule hereunto annexed, named in sche the tracts of land therein respectively designated.

tents to Indians dule to this trea

ty.

grants in

said

cipal chief of Indians.

And the said tribe in general council request, that the patents Patents for the for the grants in said schedule contained, shall be transmitted to schedule to be the principal chief of said tribe, to be by him distributed to the sent to the prinrespective grantees. ART. 13. It is further stipulated, that should this treaty not This treaty if be ratified at the next session of the Congress of the United not ratified at States, then it shall be null and void to all intents and purposes on and void. between the parties.

next session Congress to be

ville's portion of

ART. 14. And whereas John B. Richardville, the principal J. B. Richardchief of said tribe, is very old and infirm, and not well able to the annuities to endure the fatigue of a long journey, it is agreed that the United Fort Wayne. States will pay to him and his family the proportion of the

1838.

One half of any

that shall be

gress under the

annuity of said tribe which their number shall indicate to be due to them, at Fort Wayne whenever the said tribe shakemigrate to the country to be assigned them west, as a future residence.

ART. 15. It is further stipulated that as long as the Congress appropriation of the United States shall in its discretion make an appropriate made by Con- under the sixth article of the treaty made between the Unite 6th art. treaty of States and said tribe in the year 1826 for the support of the port of the infirm, infirm and the education of the youth of said tribe, one half of the chiefs and by the amount so appropriated shall be paid to the chiefs, to be be them applied. them applied to the support of the poor and infirm of said trite in such manner as shall be most beneficial.

1826 for the sup

&c. to be paid to

be binding when

This treaty to ART. 16. This treaty after the same shall be ratified by the ratified by the President and Senate of the United States, shall be binding o Senate. the contracting parties.

President and

Signed Novem.

ber 6th, 1838.

In testimony whereof the said Abel C. Pepper commissione as aforesaid, and the chiefs, headmen and warriors of the Ma tribe of Indians, have hereunto set their hands at the forks of the Wabash the sixth day of November in the year of our L one thousand eight hundred and thirty eight.

ABEL C. PEPPER, Commissioner. J. B. Richardville,

Minjenickeaw,

his x mark

his x mark

Paw-lawn-zo-aw,

his x mark

Ne-we-lang-guaung-gaw,

his x mark

O-zan-de-ah,

his x mark

Schedule of grants referred to in the foregoing treaty article

twelve.

grants referred to in 12th art.

TO JOHN B. RICHARDVILLE, principal chief, Two sections of land, to include and command the principal John B. falls of Pipe creek.

Three sections of land, commencing at the mouth of the Salamania river, thence running three miles down the Wabash river, and one mile up the Salamania river.

Two sections of land, commencing at the mouth of the Mississinnewa river, thence down the Wabash river two miles and up the Mississinne wa river, one mile.

One and one half section of land on the Wabash river at the mouth of Flat Rock (creek) to include his mills and the privileges thereof.

One section of land on the Wabash river opposite the town of Wabash:

All of which said tracts of land are to be surveyed as directed

by the said grantee.

Richardville.

To FRANCIS GODFROY a chief one section of land opposite the To F. Godfroy. town of Peru and on the Wabash river.

One section of land on Little Pipe creek, to include his mill

and the privileges thereof.

Four sections of land where he now lives.

All which said tracts of land are to be surveyed as directed

by the said grantee.

TO PO-QUA GODFROY one section of land to run one mile on To P.Godfroy. the Wabash river and to include the improvements where he

now lives.

To CATHARINE GODFROY, daughter of Francis Godfroy and To C.Godfroy. her children one section of land to run one mile on the Wabash river, and to include the improvement where she now lives.

TO KAH-TAH-MONG-QUAH, Son of Susan Richardville one-half To Kah-tahsection of land on the Wabash river below and adjoining the mong quah. three sections granted to John B. Richardville.

TO MONG-GO-SAH, son of La Blonde one-half section of land To Mon-go-sah. on the Wabash river below and adjoining the half section granted to Kah-tah-mong-quah.

TO PETER GOUIN one section of land on the Sixth mile re- To P. Gouin. serve, commencing where the northern line of said reserve intersects the Wabash river; thence down said river one mile

and back for quantity.

TO MAIS-SHIL-GOUIN-MI-ZAH, one section of land to include To Mais-shilthe "Deer Lick," alias La Saline, on the creek that enters the gouin-mi-zah. Wabash river nearly opposite the town of Wabash.

quah.

To O-ZAH-SHIN-QUAH and the wife of Bronilette, daughters of To O-zah-shinthe "Deaf Man" as tenants in common one section of land on the Mississinnewa river to include the improvements where they

now live.

To O-SAN-DI-AH one section of land where he now lives on To O san-di-ah. the Mississinne wa river, to include his improvements.

To WAH-PI-PIN-CHA one section of land on the Mississinnewa To Wah-pi-pinriver, directly opposite the section granted to O-san-di-ah.

cha.

To

1838.

quah.

To

nong.

TO MAIS-ZI-QUAH one section of land on the Wabash river, Mais-zi- commencing at the lower part of the improvement of Old Sally, thence up said river one mile and back for quantity.

Tah-ko

To Cha-pine.

To White Loon.

To F. Godfroy.

To Neh-wahling-quah.

To La Fountain.

To Seek.

To Black Loon.

To Duck.

To Me-cha-nequa.

To Tow-wahkeo-shee.

To Ko-was-see.

To Black Loon.

To the wife of

mac-kon-zee

quah.

TO TAH-KO-NONG one section of land where he now lives on the Mississinne wa river.

TO CHA-PINE one section of land where he now lives on the Ten mile reserve.

TO WHITE LOON one section of land, at the crossing of Longlois's creek, on the Ten mile reserve, to run up said creek.

TO FRANCIS GODFROY one section of land, to be located where he shall direct.

TO NEH-WAH-LING-QUAH one section of land where he now lives on the Ten mile reserve.

TO LA FOUNTAIN one section of land south of the section he now lives on and adjoining the same, on the Ten mile reserve. TO SEEK one section of land south of the section of land granted to Wa-pa-se-pah by the treaty of 1834 on the Ten mile

reserve.

TO BLACK LOON one section of land on the Six mile reserve. commencing at a line which will divide his field on the Wabash river, thence up the river one mile and back for quantity.

TO DUCK one section of land on the Wabash river below and adjoining the section granted to Black Loon, and one mile down said river, and back for quantity.

TO ME-CHA-NE-QUA a chief, alias GROS-MIS one section of land where he now lives;

One section to include his field on the Salamania river;

One and one-half section commencing at the Wabash river where the road crosses the same from John B. Richardville, jr.'s; thence down the said river to the high bank on Mill creek: thence back so as to include a part of the prairie, to be surveyed as directed by said chief.

To Tow-WAH-KEO-SHEE, wife of Old Pish-a-wa one section of land on the Wabash river below and adjoining the half section granted to Mon-go-sah.

TO KO-WAS-SEE a chief one section of land now Seeks reserve, to include his orchard and improvements.

TO BLACK LOON one section of land on the Six mile reserve and on the Salamania river, to include his improvements.

To the wife of Benjamin, АH-MAC-KON-ZEE-QUAH one section Benjamin, Ah- of land where she now lives, near the prairie and to include her improvements, she being commonly known as Pichoux's sister. To PE-SHE-WAH one section of land above and adjoining the section and a half granted to John B. Richardville on Flat Rock (creek) and to run one mile on the Wabash river.

To Pe-she-wah.

To White Raccoon.

To La Blonde.

To Ni-con-zah.

TO WHITE RACCOON one section of land on the Ten mile reserve where he may wish locate the same.

TO LA BLONDE, the chiefs daughter one section of land on the Wabash river below and adjoining the section of land granted to Francis Godfroy, to be surveyed as she may direct.

TO NI-CON-ZAH one section of land on the Mississinnewa river a little above the section of land granted to the Deaf Man's