Clothing and flour. In addition to the above provision made for the Menomonee Indians, the President of the United States will cause articles of clothing to be distributed among their tribe at Green bay, within six months from the date of this agreement, to the amount of eight thousand dollars; and flour and wholesome provisions, to the amount of one thousand dollars, one thousand dollars to be paid in specie. The cost of the transportation of the clothing and provisions, to be included in the sum expended. There shall also be allowed annually thereafter, for the space of twelve Annuity, &c. successive years, to the Menomonee tribe, in such manner and form as the President of the United States shall deem most beneficial and advantageous to the Indians, the sum of six thousand dollars. As a matter of great importance to the Menomonees, there shall be one or more gun and blacksmith's shops erected, to be supplied with a necessary quantity of iron and steel, which, with a shop at Green bay, shall be kept up for the use of the tribe, and continued at the discretion of the President of the United States. There shall also be a house for an interpreter to reside in, erected at Green bay, the expenses not to exceed five hundred dollars. Education of Fifth. In the treaty of Butte des Morts, concluded in August 1827, an article is contained, appropriating one thousand five hundred dollars Menomonies. annually, for the support of schools in the Menomonee country. And the representatives of the Menomonee nation, who are parties hereto, require, and it is agreed to, that said appropriation shall be increased five hundred dollars, and continued for ten years from this date, to be placed in the hands of the Secretary at War, in trust for the exclusive use and benefit of the Menomonee tribe of Indians, and to be applied by him to the education of the children of the Menomonee Indians, in such manner as he may deem most advisable. Certain privi leges reserved. Sixth. The Menomonee tribe of Indians shall be at liberty to hunt and fish on the lands they have now ceded to the United States, on the east side of Fox river and Green bay, with the same privileges they at present enjoy, until it be surveyed and offered for sale by the President; they conducting themselves peaceably and orderly. The chiefs and Warriors of the Menomonee nation, acting under the authority and on behalf of their tribe, solemnly pledge themselves to preserve peace and harmony between their people and the Government of the United States forever. They neither acknowledge the power nor protection of any other State or people. A departure from this pledge by any portion of their tribe, shall be a forfeiture of the protection of the United States' Government, and their annuities will cease. In thus declaring their friendship for the United States, however, the Menomonee tribe of Indians, having the most implicit confidence in their great father, the President of the United States, desire that he will, as a kind and faithful guardian of their welfare, direct the provisions of this compact to be carried into immediate effect. The Menomonee chiefs request that New York In dians. such part of it as relates to the New York Indians, be immediately submitted to the representatives of their tribes. And if they refuse to accept the provision made for their benefit, and to remove upon the lands set apart for them, on the west side of Fox river, that he will direct their immediate removal from the Menomonee country; but if they agree to accept of the liberal offer made to them by the parties to this compact, then the Menomonee tribe as dutiful children of their great father the President, will take them by the hand as brothers, and settle down with them in peace and friendship. The boundary, as stated and defined in this agreement, of the Menomonee country, with the exception of the cessions herein before made to the United States, the Menomonees claim as their country; that part of it adjoining the farming country, on the west side of Fox river, will remain to them as heretofore, for a hunting ground, until the President Expenses of delegation, &c. Feb. 17, 1831. of the United States, shall deem it expedient to extinguish their title. In that case, the Menomonee tribe promise to surrender it immediately, upon being notified of the desire of Government to possess it. The additional annuity then to be paid to the Menomonee tribe, to be fixed by the President of the United States. It is conceded to the United States that they may enjoy the right of making such roads, and of establishing such military posts, in any part of the country now occupied by the Menomonee nation, as the President at any time may think proper. As a further earnest of the good feeling on the part of their great father, it is agreed that the expenses of the Menomonee delegation to the city of Washington, and of returning, will be paid, and that a comfortable suit of clothes will be provided for each; also, that the United States will cause four thousand dollars to be expended in procuring fowling guns, and ammunition for them; and likewise, in lieu of any garrison rations, hereafter allowed or received by them, there shall be procured and given to said tribe one thousand dollars worth of good and wholesome provisions annually, for four years, by which time it is hoped their hunting habits may cease, and their attention be turned to the pursuits of agriculture. In testimony whereof, the respective parties to this agreement have severally signed the same, this 8th February, 1831. Kaush-kau-no-naive, Grizzly Bear, Ko-ma-ni-kee-no-shah, Little Wave, Ah-ke-ne-pa-weh, Earth Standing, JOHN H. EATON, S. C. STAMBAUGH. Shaw-wan-noh, The South, Pah-she-nah-sheu, Chi-mi-na-na-quet, Great Cloud, A-na-quet-to-a-peh, Setting in a Cloud, Signed, sealed, and delivered in presence of R. A. Forsyth, C. A. Grignon, Interpreters. A. G. Ellis. Richard Pricket, U. S. Interpreter. William Wilkins, of Pennsylvania. Samuel Swartwout, New York. John T. Mason, Michigan. Rh. M Johnson, Kentucky. Note. In the 1st article, third line from the end of it, at page 7th, the words "and alteration of tenure" were interlined with the consent and approval of all the parties who signed the same. In presence of Robert A. Forsyth, C. A. Grignon, John T. Mason, P. G. Randolph, Law: L. V. Kleeck, A. G. Ellis. WHEREAS certain articles of agreement were entered into and concluded at the city of Washington, on the 8th day of February instant, between the undersigned, Commissioners on behalf of the United States, and the chiefs and warriors, representing the Menomonee tribe of Indians, whereby a portion of the Menomonee country, on the northwest side of Fox river and Green bay, was ceded to the United States, for the benefit of the New York Indians, upon certain conditions and restrictions therein expressed: And whereas it has been represented to the parties to that agreement, who are parties hereto, that it would be more desirable and satisfactory to some of those interested that one or two immaterial changes be made in the first and sixth articles, so as not to limit the number of acres to one hundred for each soul who may be settled upon the land when the President apportions it, as also to make unlimited the time of removal and settlement upon these lands by the New York Indians, but to leave both these matters discretionary with the President of the United States. Now, therefore, as a proof of the sincerity of the professions made by the Menomonee Indians, when they declared themselves anxious to terminate in an amicable manner, their disputes with the New York Indians, and also as a further proof of their love and veneration for their great father, the President of the United States, the undersigned, representatives of the Menomonee tribe of Indians, unite and agree with the Commissioners aforesaid, in making and acknowledging the following supplementary articles a part of their former aforesaid agreement. First. It is agreed between the undersigned, commissioners on behalf of the United States, and the chiefs and warriors representing the Menomonee tribe of Indians, that, for the reasons above expressed, such parts of the first article of the agreement, entered into between the parties hereto, on the eighth instant, as limits the removal and settlement of the New York Indians upon the lands therein provided for their future homes, to three years, shall be altered and amended, so as to read as follows: That the President of the United States shall prescribe the time for the removal and settlement of the New York Indians upon the lands thus provided for them; and, at the expiration of such reasonable time, he shall apportion the land among the actual settlers, in such manner as he shall deem equitable and just. And if, within such reasonable time, as the President of the United States shall prescribe for that purpose, the New York Indians, shall refuse to accept the provisions made for their benefit, or having agreed, shall neglect or refuse to remove from New York, and settle on the said lands, within the time prescribed for that purpose, that then, and in either of these events, the lands aforesaid shall be, and remain the property of the United States, according to said first article, excepting so much thereof, as the President shall deem justly due to such of the New York Indians, as shall actually have removed to, and settled on the said lands. Second. It is further agreed that the part of the sixth article of the agreement aforesaid, which requires the removal of those of the New York Indians, who may not be settled on the lands at the end of three years, shall be so amended as to leave such removal discretionary with the President of the United States. The Menomonee Indians having full confidence, that, in making his decision, he will take into consideration the welfare and prosperity of their nation. Done and signed at Washington, this 17th of February, 1831. Signed in presence of R. A. Forsyth, C. A. Grignon, Law. L. V. Kleeck, John T. Mason, P. G. Randolph, A. G. Ellis. To the Indian names are subjoined a mark and seal. [NOTE. This treaty was ratified with the following Proviso contained in the Resolution of the Senate: Provided, That for the purpose of establishing the rights of the New York Indians, on a permanent and just footing, the said treaty shall be ratified with the express understanding that two townships of land on the east side of the Winnebago lake, equal to forty-six thousand and eighty acres shall be laid off, (to commence at some point to be agreed on,) for the use of the Stockbridge and Munsee tribes; and that the improvements made on the lands now in the possession of the said tribes, on the east side of the Fox river, which said lands are to be relinquished, shall, after being valued by a commissioner to be appointed by the President of the United States, be paid for by the Government: Provided, however, that the valuation of such improvements, shall not exceed the sum of twenty-five thousand dollars: and that there shall be one township of land, adjoining the foregoing, equal to twenty-three thousand and forty acres, laid off and granted for the use of the Brothertown Indians, who are to be paid, by the Government the sum of one thousand six hundred dollars for the improvements on the lands now in their possession, on the east side of Fox river, and which lands are to be relinquished by said Indians: Also, that a new line shall be run, parallel to the southwestern boundary line, or course of the tract of five hundred thousand acres described in the first article of this treaty, and set apart for the New York Indians, to commence at a point on the west side of the Fox river, and one mile above the Grand Shute on Fox river, and at a sufficient distance from the said boundary line as established by the said first article, as shall comprehend the additional quantity of two hundred thousand acres of land, on and along the west side of Fox river, without including any of the confirmed private land claims on the Fox river, and which two hundred thousand acres shall be a part of the five hundred thousand acres intended to be set apart for the Six Nations of the New York Indians and the St. Regis tribe; and that an equal quantity to that which is added on the southwestern side shall be taken off from the northeastern side of the said tract, described in that article, on the Oconto Creek, to be determined by a Commissioner, to be appointed by the President of the United States; so that the whole number of acres to be granted to the Six Nations, and St. Regis tribe of Indians, shall not exceed the quantity originally stipulated by the treaty."] Feb. 28, 1831. Proclamation, March 24, 1831. Cession by the Senecas. ARTICLES OF AGREEMENT AND CONVENTION, Made and concluded at the City of Washington, on the twentyeighth day of February, in the year of our Lord, one thousand eight hundred and thirty-one, by and between James B. Gardiner, specially appointed Commissioner on the part of the United States, of the one part, and the undersigned, principal Chiefs and Warriors of the Seneca tribe of Indians, residing on the Sandusky river in the State of Ohio, on the part of said tribe, of the other part; for the cession of the lands now owned and occupied by the said tribe of Indians, lying on the waters of the Sandusky river, and situate within the territorial limits of the organized counties of Seneca and Sandusky, in said State of Ohio. WHEREAS the tribe of Seneca Indians, residing on Sandusky River, in the State of Ohio, have earnestly solicited the President of the United States to negociate with them, for an exchange of the lands, now owned and occupied by them, for lands of the United States, west of the river Mississippi, and for the removal and permanent settlement of said tribe : Therefore, in order to carry into effect the aforesaid objects, the following articles have been agreed upon : ART. 1. The Seneca tribe of Indians, in consideration of the stipulations herein made on the part of the United States, do forever cede, release and quit claim to the United States, the lands granted to them, by patent, in fee simple, by the sixth section of the Treaty, made at the foot of the Rapids of the Miami River of Lake Erie, on the twentyninth day of September, in the year 1817, containing thirty thousand acres, and described as follows: "beginning on the Sandusky river at the lower corner of the section granted to William Spicer; thence down the river on the east side, with the meanders thereof at high water mark, to a point east of the mouth of Wolf Creek; thence, and from the beginning, east, so far that a north line will include the quantity of thirty thousand acres." And said tribe also cede, as aforesaid, one other tract of land, reserved for the use of the said Senecas, by the second article of the treaty, made at St. Mary's, in the State of Ohio, on the seventeenth day of September, in the year 1818, which tract is described in said treaty as follows: "Ten thousand acres of land, to be laid off on the east side of the Sandusky river, adjoining the south side of their reservation of thirty thousand acres, which begins on the Sandusky river, at the lower corner of William Spicer's section, and excluding therefrom the said William Spicer's section:" making, in the whole of this cession, forty thousand acres. ART. 2. In consideration of the cessions stipulated in the foregoing article; the United States agree to cause the said tribe of Senecas, consisting of about four hundred souls, to be removed in a convenient and suitable manner, to the western side of the Mississippi river; and will grant them, by patent, in fee simple, as long as they shall exist as a nation and remain on the same, a tract of land, situate on, and adjacent to the northern boundary of the lands heretofore granted to the Cherokee nation of Indians, and adjoining the boundary of the State of Missouri; which tract shall extend fifteen miles from east to west, and seven miles from north to south, containing about sixty-seven thousand acres, be the same more or less; for which the President of the United States shall cause letters patent to be issued, in due form of law, agreeably to the Act of the last session of Congress. ART. 3. The United States will defray the expenses of the removal of the said Senecas, and will moreover supply them with a sufficiency of wholesome provisions, to support them for one year, after their arrival at their new residence. ART. 4. Out of the first sales, to be made of the lands herein ceded by the Senecas, the United States will cause a grist mill, a saw mill, and a blacksmith shop to be erected on the lands herein granted to the Senecas, with all necessary tools, to be supported and kept in operation, at the expense of the United States, for the sole benefit of the said Senecas; and for these purposes, the United States will employ a miller and a blacksmith, for such term as the President of the United States, in his discretion, may think proper. ART. 5. As the Seneca Indians, on their removal, will stand in need of funds to make farms and erect houses; it is agreed that the United States will advance them six thousand dollars, in lieu of the improvements which they have made on the lands herein ceded to the United States; which sum shall be reimbursed from the sales of the lands ceded. An equitable distribution of this sum shall be made by the Chiefs, with the consent of the tribe, in general council assembled, to such individuals of the tribe, as, having left improvements, may be properly entitled to receive the same. Removal of Senecas. Grant to them. One year's support. Grist-mill, saw-mill, &c. Advance of $6000. ART. 6. The live stock, farming utensils, and other chattel property, Live stock, &c. which the Senecas now own, and may not be able to take with them, shall be sold by some agent, to be appointed by the President; and the proceeds paid to the owners of such property, respectively. ART. 7. The expenses of the Chiefs, in coming to and remaining at Washington, and returning to Ohio, as well as the expenses and per diem pay of the native Interpreter accompanying them, shall be paid by the United States. Expenses of delegation. ART. 8. The United States will expose to public sale, to the highest Sale of lands. bidders, at such time and in such manner as the President may direct, the tracts of land herein ceded by the Seneca Indians: And, after deducting from the proceeds of such sale, the minimum price of the public lands; the cost of building the saw and grist mills and blacksmith shop for the Senecas; the cost of surveying the lands; and the sum of six thousand dollars, to be advanced in lieu of their present |