cept, ratify, and confirm the same, and every article and clause thereof.

IN TESTIMONY WHEREOF, I have caused the seal of the United States to be hereunto affixed, having signed the same with my hand.

Done at the City of Washington, the fifteenth day of April, one thousand eight hundred and forty-six, and of the Independence of the United States, the seventieth. JAMES K. POLK.

[SEAL ]

By the President:

JAMES BUCHANAN, Secretary of State.

JAMES K. POLK,

⚫ PRESIDENT OF THE UNITED STATES OF AMERICA,

TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL

COME GREETING:

Pottowatomies,

concluded 5th

Whereas, a treaty was made and concluded at the Agency on Treaty with the the Missouri river near Council Bluffs, on the fifth day of June, various bands of and at Pottawatomie creek, near the Osage river, south and west Chippewas, and of the State of Missouri, on the seventeenth day of the same Otowa Indians, month, in the year of our Lord one thousand eight hundred and 17th June, and forty six, between T. P. Andrews, Thomas H. Harvey, and 1846. Gideon C. Matlock, commissioners on the part of the United States, on the one part, and the various bands of the Pottowautomie, Chippewas, and Ottawas Indians on the other part; which treaty is word for word as follows, to wit:

The various

known as the

Whereas the various bands of the Pottowautomie Indians, Preamble. known as the Chippewas, Ottawas, and Pottowautomies, proto the Pottowautomies of the Prairie, the Pottowautomies watomies desire of the Wabash, and the Pottowatnomies of Indiana have, to be united and subsequent to the year 1828, entered into separate and dis- Pottawautomie tinct treaties with the United States, by which they have nation. been separated and located in different countries, and difficulties have arisen as to the proper distribution of the stipulations under various treaties, and being the same people by kindred, by feeling, and by language, and having, in former periods, lived on and owned their lands in common; and being desirous to unite in one common country, and again become one people, and receive their annuities and other benefits in common; and to abolish all minor distinctions of bands by which they have heretofore been divided, and are anxious to be known only as the POTTOWAUTOMIE NATION, thereby reinstating the national character; and whereas the United States are also anxious to restore and concentrate said tribes to a state so desirable and necessary for the happiness of their people, as well as to enable the government to arrange and manage its intercourse with them: now, therefore, the United States and the said Indians do hereby agree that said people shall hereafter be known as a nation, to be called the PoTTowAUTOMIE NATION; and to the following:

Articles of a treaty made and concluded at the Agency on the Missouri river, near Council Bluffs, on the fifth day of June, and at Pottawatomie creek, near the Osage river, south and west of the State of Missouri, on the seventeenth day of the

10

for

same month, in the year of our Lord one thousand eight hundred and forty-six, between T. P. Andrews, Thomas H. Harvey, and Gideon C. Matlock, commissioners ou the part of the United States, on the one part, and the various bands of the Pottowautomie, Chippewas, and Ottawas Indians on the other part:

ARTICLE I.

and It is solemnly agreed that the peace and friendship which so happily exist between the people of the United States and the Portowautomie Indians shall continue forever. The said tribes of Indians giving assurance, hereby, of fidelity and friendship to the government and people of the United States; and the United States giving, at the same time, promise of all proper care and parental protection.

Pottowatomies

cede

certain

ARTICLE II.

The said tribes of Indians hereby agree to sell and cede, and lands to U. S. do hereby sell and cede to the United States, all the lands to which they have claim of any kind whatsoever, and especially the tracts or parcels of lands ceded to them by the treaty of Chicago, and subsequent thereto, and now, in whole or in part, possessed by their people, lying and being north of the river Missouri, and embraced in the limits of the Territory of Iowa; and also all that tract of country lying and being on or near the These cessions Osage river, and west of the State of Missouri: it being undertitle of said In-Stood that these cessions are not to affect the title of said Indians dians to grants to any grants or reservations made to them by former treaties.

not to affect

and reserva.

tions made by former treaties.

Consideration to be paid by U. S. for cession.

Grant by the

of land to said Indians.

ARTICLE III.

In consideration of the foregoing cessions, or sales of land to the United States, it is agreed to pay to said tribes of Indians the sum of eight hundred and fifty thousand dollars, subject to the conditions, deductions, and liabilities provided for in the subsequent articles of this treaty.

ARTICLE IV.

The United States agree to grant to the said united tribes of U. S. of a tract Indians possession and title to a tract or parcel of land containing five hundred and seventy-six thousand acres, being thirty miles square, and being the eastern part of the lands ceded to the United States by the Kansas tribe of Indians, by treaty concluded on the 14th day of January, and ratified on the fifteenth of April of the present year, lying adjoining the Shawnees on the south, and the Delawares and Shawnees on the east, on 'both sides of the Kansas river, and to guarantee the full and complete possession of the same to the Pottowautomie nation,

parties to this treaty, as their land and home forever; for which Consideration to be paid by they are to pay the United States the sum of eighty-seven thou- said Indians for sand dollars, to be deducted from the gross sum promised to grant. them in the 3d article of this treaty.

ARTICLE V.

The U. S. to

said Indians

on of

3d article-when and for

what

The United States agree to pay said nation of Indians, at the first annuity payment after the ratification of this treaty, gay, and after an appropriation shall have been made by Congress, sum granted in the sum of fifty thousand dollars, out of the aggregate sum granted in the third article of this treaty, to enable said Indians purpose. to arrange their affairs, and pay their just debts before leaving their present homes; to pay for their improvements; to purchase wagons, horses and other means of transportation, and pay individuals for the loss of property necessarily sacrificed in moving to their new homes: said sum to be paid, in open council, by the proper agents of the United States, and in such just proportions to each band, as the President of the United States may direct.

ARTICLE VI.

treaty.

new

of

expenses of re

The said tribes of Indians agree to remove to their new Said tribes to rehomes on the Kansas river, within two years from the latifica-move to homes within tion of this treaty; and further agree to set apart the sum of two years from twenty thousand dollars to the upper bands, (being ten dollars ratification per head.) and ten thousand dollars to the lower bands, (being five dollars per head,) to pay the actual expenses of removing; Provision for and the sum of forty thousand dollars for all the bands, as sub-moval and subsistence money, for the first twelve months after their arrival at sistence. their new homes; to be paid to them so soon as their arrival at their new homes is made known to the government, and convenient arrangements can be made to pay the same, between the parties to this treaty; the aforesaid sums to be also deducted from the aggregate sum granted by the United States to said tribes of Indians by the 3d article of this treaty.

ARTICLE VII.

Balance of

main with U. S. as trust fund, at

cent.

The balance of the said sum of eight hundred fifty thousand dollars, after deducting the cost of removal and subsis- $350,000 to retence, &c., it is agreed shall remain with the United States, in trust for said Indians, and an interest of five per cent annually interest of 5 per paid thereon, commencing at the expiration of one year after the removal of said Indians, and continuing for thirty years, and until the nation shall be reduced below one thousand souls. If, after the expiration of thirty years, or any period thereafter, it shall be ascertained that the nation is reduced below that number, the said annuity shall thenceforth be paid pro ruta so long as

After removal

of said Indians

of

persons or pur

they shall exist as a separate and distinct nation, in proportion as the present number shall bear to the number then in existence.

ARTICLE VIII.

It is agreed upon by the parties to this treaty that, after the the annual in removal of the Pottowautomie nation to the Kansas country, terest of their the annual interest of their "improvement fund" shall be paid improvement fund to be paid out promptly and fully, for their benefit, at their new homes: at new homes. If, however, at any time thereafter, the President of the United The President States shall be of opinion that it would be advantageous to the may pay in money in lieu Pottowautomie nation, and they should request the same to be employing done, to pay them the interest of said money in lieu of the emchase of ma-ployment of persons or purchase of machines or implements, chines, &c. he is hereby authorized to pay the same, or any part thereof, in money, as their annuities are paid at the time of the general school fund to payments of annuities. It is also agreed that, after the expirabe expended in tion of two years from the ratification of this treaty, the school their country. fund of the Pottowautomies shall be expended, entirely in their own country, unless their people in council, should at any time express a desire to have any part of the same expended in a different manner.

After two years

sionary estab

Government

ARTICLE IX.

Buildings now It is agreed by the parties to this treaty that the buildings ocOccupied as mis- cupied as a missionary establishment, including twenty acres of lishment to be land now under fence, shall be reserved for the use of the gov reserved for the ernment agency; also the houses used for blacksmith house and shop shall be reserved for the 'use of the Pottowautomie The blacksmith Smith; but should the property cease to be used for the aforehouse and shop mentioned purposes, then it shall revert to the use of the Pottofor Pottowauto- Wautomie nation.

agency.

to be reserved

mie smith.

tobacco, iron,.

ARTICLE X.

Money to be It is agreed that hereafter there shall be paid to the Pottopaid in lieu of wautomie nation, annually, the sum of three hundred dollars, and steel, stipu. in lieu of the two thousand pounds of tobacco, fifteen hundred lated in treaty pounds of iron, and three hundred and fifty pounds of steel, of 1828. stipulated to be paid to the Pottowautomies under the third article of the treaty of September 20, 1828.

Signed 5 and 17 of June, 1816.

In testimony whereof, T. P. Andrews, Thomas H. Harvey, and Gideon C. Matlock, aforesaid commissioners, and the chiefs and principal men of the Pottowautomie, Ottowa, and Chippewas tribes of Indians, have set their hands at the time and place first mentioned.