24 July 2005
Feb. 5, 1856. 11 Stat., 663. Ratified Apr. 18, 1856. Proclaimed Sept. 8, 1856.
Indian Affairs: Laws and Treaties. Vol. II (Treaties), pp. 742-745. Compiled and edited by Charles J. Kappler. Washington: Government Printing Office, 1904.
Articles of agreement and convention made and
concluded at Stockbridge in the State of Wisconsin,
on the fifth day of February, in the year of our
Lord one thousand eight hundred and fifty-six,
between Francis Huebschmann,
commissioner on the part of the United States, and
the Stockbridge and Munsee tribes of Indians
assembled in general council, and such of the Munsees who were included in the treaty of September third,
one thousand eight hundred and thirty-nine, but are
yet residing in the State of New York, by their duly
authorized delegates, William Mohawk and Joshua
Whereas by Senate amendment to the treaty with the Menomonees of February [twenty] eighth, one thousand eight hundred and thirty one, two townships of land on the east side of Winnebago Lake, Territory of Wisconsin, were set aside for the use of the Stockbridge and Munsee tribes of Indians, all formerly of the State of New York, but a part of whom had already removed to Wisconsin; and
Whereas said Indians took possession of said lands, but dissensions existing among them led to the treaty of September third, one thousand eight hundred and thirty-nine, by which the east half of said two townships was retroceded to the United States, and in conformity to which a part of said Stockbridges and Munsees emigrated west of the Mississippi; and
Whereas to relieve them from dissensions still existing by An act for the relief of the Stockbridge tribe of Indians in the Territory of Wisconsin, approved March third, one thousand eight hundred and forty-three, it was provided, that the remaining townships of land should be divided into lots and allotted between the individual members of said tribe; and
Whereas a part of said tribe refused to be governed by the provisions of said act, and a subsequent act was passed on the sixth day of August, one thousand eight hundred and forty-six, repealing the aforementioned act, but without making provision for bona fide purchasers of lots in the townships subdivided in conformity to the said first-named act; and
Whereas it was found impracticable to carry into effect the provisions of the last-mentioned act, and to remedy all difficulties, a treaty was entered into on the twenty-fourth of November, one thousand eight hundred and forty-eight, wherein among other provisions, the tribe obligated itself to remove to the country west of the Mississippi set apart for them by the amendment to said treaty; and
Whereas dissensions have yet been constantly existing amongst them, and many of the tribe refused to remove, when they were offered a location in Minnesota, and applied for a retrocession to them of the township of Stockbridge, which has been refused by the United States; and
Whereas a majority of the said tribe of Stockbridges and the Munsees are averse to removing to Minnesota and prefer a new location in Wisconsin, and are desirous soon to remove and to resume agricultural pursuits, and gradually to prepare for citizenship, and a number of other members of the said tribe desire at the present time to sever their tribal relations and to receive patents for the lots of land at Stockbridge now occupied by them; and
Whereas the United States are willing to exercise the same liberal policy as heretofore, and for the purpose of relieving these Indians from the complicated difficulties, by which they are surrounded, and to establish comfortably together all such Stockbridges and Munsees wherever they may be now located, in Wisconsin, in the State of New York, or west of the Mississippias were included in the treaty of September third, one thousand eight hundred and thirty-nine, and desire to remain for the present under the paternal care of the United States Government; and for the purpose of enabling such individuals of said tribes as are now qualified and desirous to manage their own affairs, to exercise the rights and to perform the duties of the citizen, these articles of agreement have been entered into:
The Stockbridge and Munsee tribes, who were included in the treaty of September third, one thousand eight hundred and thirty-nine, and all the individual members of said tribes, hereby jointly and severally cede and relinquish to the United States and their remaining right and title in the lands at the town of Stockbridge, State of Wisconsin, the seventy-two sections of land in Minnesota set aside for them by the amendment to the treaty of November twenty-fourth, one thousand eight hundred and forty-eight, the twenty thousand dollars stipulated to be paid to them by the said amendment, the sixteen thousand five hundred dollars invested by the United States in stocks for the benefit of the Stockbridge tribe in conformity to Article 9 of the said treaty, and all claims set up by and for the Stockbridge and Munsee tribes, or by and for the Munsees separately, or by and for any individuals of the Stockbridge tribe who claim to have been deprived of annuities since the year one thousand eight hundred and forty-three, and all such and other claims set up by or for them or any of them are hereby abrogated, and the United States released and discharged therefrom.
In consideration of such cession and relinquishment by said Stockbridges and Munsees, the United States agree to select as soon as practicable and to give them a tract of land in the State of Wisconsin near the southern boundary of the Menomonee reservation, of sufficient extent to provide for each head of a family and others lots of land of eighty and forty acres, as hereinafter provided; every such lot to contain at least one-half of arable land, and to pay to be expended for improvements for the said Stockbridges and Munsees as provided in article 4, the sum of forty-one thousand one hundred dollars, and a further sum of twenty thousand five hundred and fifty dollars to enable them to remove, and the further sum of eighteen thousand dollars, (twelve thousand for the Stockbridges and six thousand for the Munsees,) to be expended, at such time, and in such manner, as may be prescribed by the Secretary of the Interior, in the purchase of stock and necessaries, the discharge of national or tribal debts, and to enable them to settle their affairs.
As soon as practicable after the selection of the lands set aside for these Indians by the preceding article, the United States shall cause the same to be surveyed into sections, half and quarter sections, to correspond with the public surveys, and the council of the Stockbridges and Munsees shall under the direction of the superintendent of Indian affairs for the northern superintendency, make a fair and just allotment among the individuals and families of their tribes. Each head of a family shall be entitled to eighty acres of land, and in case his or her family consists of more than four members, if thought expedient by the said council, eighty acres more may be allotted to him or her; each single male person above eighteen years of age shall be entitled to eighty acres; and each female person above eighteen years of age, not belonging to any family, and each orphan child, to forty acres; and sufficient land shall be reserved for the rising generation. After the said allotment is made, the persons entitled to land may take immediate possession thereof, and the United States will thence-forth and until the issuing of the patents, as hereinafter provided, hold the same in trust for such persons, and certificates shall be issued, in a suitable form guaranteeing and securing to the holders their possession and an ultimate title to the land; but such certificates shall not be assignable, and shall contain a clause expressly prohibiting the sale or transfer by the holder of the land described therein. After the expiration of ten years upon the application of the holder of such certificate, made with the consent of the said Stockbridge and Munsee council, and when it shall appear prudent and for his or her welfare, the President of the United States may direct, that such restriction on the power of sale shall be withdrawn and a patent issued in the usual form. Should any of the heads of families die before the issuing of the certificates or patents herein provided for, the same shall issue to their heirs; and if the holder of any such certificate shall die without heirs, his or her land shall not revert to the United States, unless on petition of the Stockbridge and Munsee council for the issuing of a new certificate for the land of such deceased person, to the holder of any other certificate for land, and on the surrendering to the United States of such other certificate, by the holder thereof, the President shall direct the issuing of a new certificate for such land; and in like manner new certificates, may be given for lots of land, the prior certificates for which have been surrendered by the holders thereof.
Of the monies set aside for improvements by the second of these articles, not exceeding one-fourth shall be applied to the building of roads leading to, and through said lands: to the erection of a school-house, and such other improvements of a public character, as will be deemed necessary by the said Stockbridge and Munsee council, and approved by the superintendent of the northern superintendency. The residue of the said fund shall be expended for improvements to be made by and for the different members and families composing the said tribes, according to a system to be adopted by the said council, under the direction of the superintendent aforesaid, and to be first approved by the Commissioner of Indian Affairs.
The persons to be included in the apportionment of the land and money to be divided and expended under the provisions of this agreement, shall be such only, as are actual members of the said Stockbridge and Munsee tribes, (a roll or census of whom shall be taken and appended to this agreement,) their heirs, and legal representatives; and hereafter, the adoption of any individual amongst them shall be null and void, except it be first approved by the Commissioner of Indian Affairs.
In case the United States desire to locate on the tract of land to be selected as herein provided, the Stockbridges and Munsees emigrated to the west of the Mississippi in conformity to the treaty of September third, one thousand eight hundred and thirty-nine, the Stockbridges and Munsees, parties to this treaty, agree to receive them as brethren: Provided, That none of the said Stockbridges and Munsees, whether now residing at Stockbridge, in the State of Wisconsin, in the State of New York, or west of the Mississippi, shall be entitled to any of these lands or the money stipulated to be expended by these articles, unless they remove to the new location within two years from the ratification hereof.
The said Stockbridges and Munsees hereby set aside, for educational purposes exclusively, their portion of the annuities under the treaties of November the eleventh, one thousand seven hundred and ninety-four; August eleventh, one thousand eight hundred and twenty-seven; and September third, one thousand eight hundred and thirty-nine.
One hundred and fifty dollars valuation of the schoolhouse at Stockbridge made in conformity to article 6 of the treaty of November twenty-fourth, one thousand eight hundred and forty-eight, and remaining unpaid, shall be expended in the erection of a school-house, with the other funds set aside for the same purpose by article 4 of this agreement.
About seven and two-fifths acres bounded as follows: Beginning at the northeast corner of lot eighty-nine, in the centre of the military road; thence west, along the north line of said lot, fifty-four and a quarter rods; thence south, thirty-eight and a quarter rods; thence east twenty-eight and a quarter rods; thence north thirty four and a quarter rods; thence east twenty-six rods; thence north, four rods, to the place of beginning, comprising the ground heretofore used by the Stockbridges to bury their dead, shall be patented to the supervisors of the town of Stockbridge, to be held by them and their successors in trust for the inhabitants of said town, to be used by them as a cemetery, and the proceeds from cemetery lots and burial-places to be applied in fencing, clearing, and embellishing the grounds.
It is agreed that all roads and highways laid out by authority of law shall have right of way through the lands set aside for said Indians, on the same terms as are provided by law for their location through lands of citizens of the United States.
The object of this instrument being to advance the welfare and improvement of said Indians, it is agreed, if it prove insufficient from causes which cannot now be foreseen, to effect these ends, that the President of the United States may, by and with the advice and consent of the Senate, adopt such policy in the management of their affairs, as in his judgment may be most beneficial to them; or Congress may, hereafter, make such provision by law, as experience shall prove to be necessary.
The said Stockbridges and Munsees agree to suppress the use of ardent spirits among their people and to resist by all prudent means, its introduction in their settlements.
The Secretary of the Interior, if deemed by him expedient and proper, may examine into the sales made by the Stockbridge Indians. to whom lots of land were allotted in conformity to the acts of Congress, entitled An act for the relief of the Stockbridge tribe of Indians in the Territory of Wisconsin, approved March third, one thousand eight hundred and forty-three; and if it shall be found that any of the said sales have been improperly made, or that a proper consideration has not been paid, the same may be disapproved or set aside. By the direction of the said Secretary, patents to such lots of land shall be issued to such persons as shall be found to be entitled to the same.
The lots of land the equitable title to which shall be found not to have passed by valid sales from the Stockbridge Indians to purchasers, and such lots as have, by the treaty of November twenty-fourth, one thousand eight hundred and forty-eight, been receded to the United States, shall be sold at the minimum price of ten dollars per acre for lots fronting on Lake Winnebago, on both sides of the military road, and all the lands in the three tiers of lots next to Lake Winnebago, and at five dollars per acre for the residue of the lands in said township of Stockbridge. Purchasers of lots, on which improvements were made by Stockbridge Indians shall pay, in addition to the said minimum price, the appraised value of such improvements. To actual settlers on any of said lots possessing the qualifications requisite to acquire pre-emption rights, or being civilized persons of Indian descent, not members of any tribe, who shall prove, to the satisfaction of the register of the land district to which the township of Stockbridge shall be attached, that he or she has made improvements to the value of not less than fifty dollars on such lot, and that he or she is actually residing on it; the time of paying the purchase-price may be extended for a term not exceeding three years from the ratification hereof, as shall be deemed advisable by the President of the United States, provided, that no such actual settler shall be permitted to pre-empt, in the manner aforesaid, more than one lot, or two contiguous lots, on which he has proved to have made improvements exceeding the value of one hundred dollars. The residue of said lots shall be brought into market as other Government lands are offered for sale, and shall not be sold at a less price than the said minimum price; and all said sales shall be made, and the patents provided for in these articles shall be issued in accordance with the survey made in conformity to said act of March third, one thousand eight hundred and forty-three, unless, in the opinion of the Secretary of the Interior, a new survey shall be deemed necessary and proper.
The United States agree to pay, within one year after the ratification of this agreement, the appraised value of the improvements upon the lands herein ceded and relinquished to the United States, to the individuals claiming the same, the valuation of such improvements, to be made by a person to be selected by the superintendent of Indian affairs for the northern superintendency, and not to exceed, in the aggregate, the sum of five thousand dollars.
The hereinafter named Stockbridge Indians, having become sufficiently advanced in civilization, and being desirous of separating from the Stockbridge tribe, and of enjoying the privileges granted to persons of Indian descent by the State of Wisconsin, and in consideration of ceding and relinquishing to the United States all their rights in the lands and annuities of the Stockbridge tribe of Indians, and in the annuities, money, or land, to which said Indians now are or may hereafter be entitled, the United States agree to issue patents in fee-simple to the said Stockbridge Indians to the lots of land, at the town of Stockbridge, described and set opposite their names.
|Names of persons.||Lots to be patented to them.||Lots, the privilege of entering which on the same terms of payment as prescribed for actual settlers in article 14 is granted.|
|John Moore||9,||38, and 105||226 and 187|
|Job Moore||69,||176 and 191||280|
|Daniel Davids heirs||47,||N. half 48, 60|
|John Littlemans heirs||113|
|Jane Deans heirs||30|
|A. Millers heirs||14|
|Mary McAllister||N.||half 280||S. half 280|
|Catharine Mills||S.||half 194||N. half 194|
|Nancy Hom||N.||half 270||S. half 270|
|Margaret Beaulieu||N.||half 238||S. half 238|
|Martha Moore, wife of Jacob Moore||253|
|Betsey Manague||N.||half 349||S. half 349|
|John W. Abrams||59|
The said Mary Hendrick, and Levy Konkapot, John W. Abrams to have the privilege of joining again the said Stockbridges and Munsees in their new location.
So much of the treaties of September third, one thousand eight hundred and thirty-nine, and of November twenty-fourth, one thousand eight hundred and forty-eight, as is in contravention or in conflict with the stipulations of this agreement, is hereby abrogated and annulled.
This instrument shall be binding upon the contracting parties whenever the same shall be ratified by the President and the Senate of the United States. In testimony whereof, the said Francis Huebschmann, commissioner as aforesaid, and the chiefs, headmen, and members of the said Stockbridge and Munsee tribes, and the said delegates of the Munsees of New York, have hereunto set their hands and seals at the place and on the day and year herein before written.
|Commissioner on the part of the United States.|
|Ziba T. Peters, sachem,|
|John N. Chicks,|
|John W. Abrams,|
|Delegate of Munsees of New York.|
|Thomas S. Branch,|
|John W. Quinney, jr.,|
|Delegate of Munsees of New York.|
|George T. Bennett,|
|Benjamin Pye, 2d,|
|Joseph L. Chicks,|
Roll and census made in conformity to Article 5 of the foregoing treaty.
|Names.Census of the Munsees of New York, included in the treaty of September 3, 1839.||Men.||Women.||Children.||Total.|
|Thomas Snakes widow||||1||1||2|
|Austin Half White||||||1||1|
|Eunice Red Eye||||1||5||6|
|John N. Chicks||1||||3||4|
|John W. Abrams||1||1||4||6|
|Ziba T. Peters||1||1||2||4|
|Thomas S. Branch||1||1||2||4|
|John W. Quinney, jr||1||1||2||4|
|George T. Bennet||1||1||3||5|
|Benjamin Pye, 2d||1||2||4||7|
|John P. Hendricks||1||1||2||4|
|Joseph L. Chicks||1||||3||4|
|Peter Bennett, sen||1||1||4||6|
|Peter Bennett, jr||1||1||||2|
|Dennis T. Turkey||1||1||||2|
|Benjamin Pye, 3d||1||1||4||6|
|Abram Pye, sen||1||||2||3|
|Abram Pye, jr||1||||||1|
|Benjamin Pye, 4th||1||1||3||5|
|Jackson Chicks and one other orphan, heirs of Josiah Chicks||||||2||2|
|Electa W. Candy||1||1||4||6|
|Mary Eliza Butler||||1||3||4|
|Philena Pye, 1st||||1||||1|
|Mary Jane Bowman||||1||||1|
|Aaron Smith, (Hannah Smith)||1||1||2||4|
|Peter D. Littleman||1||1||4||6|
|John P. Quinney, (absent)||1||1||||2|
|Paul Quinney, (absent)||1||1||1||3|
|John Metoxen, sen||1||1||||2|
|Simeon S. Metoxen||1||1||4||6|
|Austin E. Quinney||1||1||3||5|
|John Metoxen, jr||1||||||1|
|Joseph M. Quinney||1||1||1||3|
Commissioner on the part of the United States.
ZIBA T. PETERS, Sachem.
Roll and census of Stockbridges and Munsees who prefer to remain at Stockbridge according to article 16.
|Mary Ann Littleman||||1||1||2|
|Mary Jane Dean||
|Daniel P. Dean||||||1||1|
|John W. Dean||||||1||1|
Commissioner on the part of the United States.
ZIBA T. PETERS, Sachem.
DEPARTMENT OF THE INTERIOR,
Office of Indian Affairs, March 3, 1856.
SIR: Referring to
my last two annual reports, where the embarrassed condition of the
Stockbridge and Munsee Indians is discussed, and to the paragraph of the
general Indian appropriation bill, of the 3d March, 1855, Stat. at
Large, vol. x, p. 699, where there is appropriated, for the purpose of
enabling the President to treat with, and arrange the difficulties
existing among the Stockbridge and Munsee
Indians, of Lake Winnebago, in the State of Wisconsin,
arising out of the acts of Congress of third March, eighteen hundred and
forty-three, and August sixth, eighteen hundred and forty-six, and the
treaty of twenty-fourth of November, eighteen hundred and forty-eight,
in such manner as may be just to the Indians, and with their assent, and
not inconsistent with the legal rights of white persons who may reside
on the Stockbridge reserve, of the claim of the United States under the
treaty of eighteen hundred and forty-eight, the sum of fifteen hundred
dollars; and also to the treaty which was made between these Indians
and Superintendent Francis Huebschmann, during the last summer, which,
for reasons then given you, was disapproved of, I have now the honor to
send up a treaty concluded with them on the 5th ultimo, by
Superintendent Huebschmann, the provisions of which are approved by me,
and would recommend, if you agree, that it may be laid before the
President, to the end, if approved by him, that it may be sent to the
Senate for its constitutional action thereon.
And I herewith transmit a copy of the letter of the superintendent sending on said treaty, together with a copy of a power of attorney from certain Munsees to Isaac Durkee, William Mohawk, and Joshua Wilson [Are the persons Munsee or Stockbridge?], for purposes therein indicated.
I would merely remark that, by locating the Stockbridges in Wisconsin instead of Minnesota about $20,000 of expense would be saved in removal, while a location in Minnesota could not be more out of the way of the whites, and the lands there would be worth to the Government at least as much as the price to be paid the Menomonee's.
your obedient servant,
GEO. W. MANYPENNY Commissioner.
Hon. ROBERT MCCLELLAND,
Secretary of the Interior.
Milwaukie, February 23, 1856.
I have the honor to enclose a treaty with the
Stockbridges and Munsees, concluded in conformity to your instructions.
In consequence of the complicated difficulties at Stockbridge, and the
factious spirit ruling among the Indians, the task imposed upon me was
not an easy one, and required extraordinary patience and forbearance. I
believe I have used all proper means to make the arrangement
contemplated by the treaty as acceptable to all parties interested as
could be expected under the circumstances. However, about one-fifth of
the Indians, headed by Austin E. Quinney, and mostly consisting
of members of the Quinney family, did not sign the treaty, but without
giving any sensible reason. The only two objections raised by Austin E.
Quinney to the draft of the treaty were: First, That the issuing
of patents to lands, to be apportioned to the individuals of the tribe,
was contemplated. This objection was virtually obviated by amending the
treaty, so that the application for a patent to be made after ten years,
has first to be consented to by the general council of the Stockbridges
His second objection was, that there was no provision made for the payment of a claim he himself has against the tribe. Though I invited him to submit the claim to me for examination, he did not do so, and, from what I learned from himself and others, it appears that it would, if submitted, not bear very accurate examination, as about half of it is made up of high charges for meals furnished councillors of the Stockbridges, and the other half for funds advanced to one certain Chandler, on his share of the twenty thousand dollars to be paid under the amendment to the treaty of 1848 for procuring the adoption of the said amendment.
The real objection on the part of the Quinneys to the re-organization of the Stockbridges and Munsees under this treaty is, no doubt, the certainty staring them in the face, that their rule over the tribe will be at an end if the treaty is ratified. To show what use this family has made of their power over the tribe, I will only mention a few instances. Though claiming to hold their lands again in commonalty in consequence of the law of August 6, 1846, Austin E. Quinney, by barter and trade carried on with widows and other Indians, and by advancing to them a few provisions, pretended to have bought their lots of land, and, under the treaty of 1848, he not only received pay for the improvements on all these lands, (1,440 acres,) $2,760.63, but of the sixteen thousand five hundred dollars paid under V article of treaty of 1848 he received $3,083, while under a proper per capita apportionment, the share of his family would not have been much more than about three hundred dollars. The interest of the $16,500, to be paid as other annuities are paid by the United States, has been apportioned in direct violation of the said treaty until the Stockbridge affairs came under my superintendence, in the same manner as the $16,500 under article 5 had peen paid; and for the benefit of Saml Miller, even that illegal apportionment was falsified so as to pay him one-half of $1,662.50, and the interest on the other half instead of $412.50, the proportion to which he would have been entitled by the quantity of land held by him at the treaty of 1848. Austin E. Quinney realized about a thousand dollars more by selling his pretended right of occupancy to lots, so that it appears, that he has received about seven thousand dollars in addition to what he has received of the money paid to his tribe by the State of New York, and it is no doubt mortifying to him that his share of moneys hereafter, is to be no larger than that of any other member of the tribe. A great part of the funds received from the State of New York has been used by the Quinney family for their own aggrandizement and the sending of delegations to Washington; and the wishes of a majority of the Stockbridges in relation to the application of those funds, have been frequently disregarded, and at the present time Saml Miller has been sent by Austin E. Quinney as delegate to Washington with a part of those funds, in direct opposition to the wishes of the majority.
I proposed to Austin E. Quinney and his followers to patent to them lands at Stockbridge, and to make other stipulations favorable to them, if they preferred to remain there and to separate from the tribe; but as they would not declare their willingness to accept of such provisions, and as Quinney declared that he would probably desire to remove with the others if the lands to be selected were of good quality, and deeming it more beneficial to them that they should remove with the others and be settled by themselves, if they preferred it, in some corner of the new reservation, I did not feel prompted to provide for thier remaining at Stockbridge, and increased the sums to be paid in proportion to their number.
I had made no secret, since my visit to Stockbridge during the fore part of December last, of the arrangement contemplated in relation to lands and land-titles at Stockbridge, (articles 13 and 14,) and it appeared generally satisfactory to white settlers; yet there will be always found meddlesome individuals, and it appears that, at the request of a resident of Stockbridge, who, however, has no land himself, a lawyer of Green Bay had drawn up a petition or memorial asking the treaty to be amended.
When I saw the document no names were attached to it, and I have not inquired afterwards if it has been signed by anybody and forwarded. I read it very hastily, but it left the impression upon my mind that little legal knowledge was displayed by its author. Since the authority to issue patents, given by the law of 1843, was destroyed by the repealing act of 1846, and the list of patents to lots to be granted under the treaty of 1848 is imperfect and incorrect, the settlers at Stockbridge, if they understand it, will be the last to object to authority being granted to the proper officer to issue patents; and the investigation of sales made by Indians provided for, I think, will not be seriously objected to, except by such who are afraid that the consideration paid by them would be found to have consisted of whiskey.
The minimum price fixed in the treaty for the land to be sold by the United States Government is not too high nor unjust to any class of the settlers of Stockbridge. Those who settled there shortly after the treaty of 1848, and bought out, for a small consideration, the right of occupancy of Indians, to their houses, clearings, and fields, have since mostly confined themselves to cultivating the fields already made and raised fine crops, without paying any taxes or bearing any of the hardships of a new settlement. It has not been so much by their labor that these lands have become valuable, as by the settlements and improvements made in the surrounding country and the general prosperity of the State. The settlers who have recently squatted on lots of land at Stockbridge, have gone there with the perfect knowledge of the price which was expected to be fixed on those lands, and since it has become known that the treaty was signed, that part of the State has been under great excitement, and many have flocked to Stockbridge to make claims and to avail themselves of the privileges contemplated to be extended to actual settlers by the treaty. It is feared that there are even more settlers and claimants than lots of land, and if the price should be reduced the excitement would, no doubt, become more intense, and the land-officers would find it more difficult to settle the conflicting claims. The privilege of entering lands at the terms of payment as prescribed for actual settlers in article 14, granted to a number of Indians by article 16, was considered by all as very valuable, which seems to prove beyond a doubt that the price is considered very moderate. If the petition above referred to has been signed generally by the settlers at Stockbridge, they have done so in consequence of its being represented to them that it could do no harm to try to get the lands from the Government at a less price, and not because the price is too high or unjust to any one of them. A power of attorney of the Munsees of New York to their delegate is herewith enclosed.
your obedient servant,
Hon. GEORGE W. MANYPENNY,
Commissioner of Indian Affairs, Washington, D. C.
Know all men that
by these presents we make, constitute, and appoint Isaac Durkee,
William Mohawk, and Joshua Wilson, or either two of them in the
absence of the other, to receive from the commissioner of the United
States the share of us, and each of us, and our families in money,
which, in consideration of annuities due us from the United States, or
by virtue and effect of a treaty which it is understood, is about to be
made between the United States and the Stockbridge and Munsee tribes of
Indians, we are informed will be our due, and will be paid to us by the
said commissioner, or by the superintendent of Indian affairs for
Wisconsin. And we hereby authorize our attorneys as aforesaid to give
receipts and vouchers to the said commissioner or superintendent, as may
be right, or he may require; our intention being that our said attorneys
shall transmit to us, in the State of New York, said moneys, to
enable us immediately to remove to, improve and subsist in our new homes
in the State of Wisconsin.
Hereby ratifying the acts of our attorneys in the premises.
In witness whereof, we have hereunto set our hands and seals, this, day of January, A. D. 1856.
AUSTIN HALF WHITE,
LEVY HALF TOWN,
JEFFERSON HALF TOWN.
In presence of
SAML W. BEALL,
STATE OF NEW YORK, Cattaraugus County, ss.
On this 19th day
of January, A. D. 1856, came before me Isaac
Durkee, William Mohawk, Titus Mohawk, Austin Half White, Clarissa
Spragg, George Moses, Jonathan Watersnake, Jonathan Titus, Levy Half
Town, Jefferson Half Town, proven to me by the oath of George Jamison, to me well known, to be the individuals who signed
and executed the within instrument of attorney, and acknowledged that
they executed it freely.
GEORGE JAMISON, his x mark.
Sworn and subscribed before me, this 19th day of January, 1856.
Justice of the Peace.
[None of the names from this treaty are in the PERSONALITIES section. Editor]
May 30, 1860. 12 Stat., 1129. Ratified July 27, 1860. Proclaimed August 22, 1860.
Articles of the agreement and convention made and
concluded at Sarcoxieville, on the Delaware reservation, this thirtieth
day of May, one thousand eight hundred and sixty, by Thomas B. Sykes, as
a commissioner on the part of the United States, and following named
chiefs of the Delaware tribe of Indians, viz:
John Conner, head chief
of the whole tribe; Sar-cox-ie, chief of the Turtle band;
chief of the Wolf band; Rock-a-to-wha, chief of the Turkey band, and
assistants to the said chief, chosen and appointed by the people, and James Connor,
chosen by the said chief as delegate.
By the first article of the treaty made and concluded at the city of Washington, on the sixth day of May, one thousand eight hundred and fifty-four, between George W. Manypenny, commissioner on the part of the United States, and certain delegates of the Delaware tribe of Indians, which treaty was ratified by the Senate of the United States on the eleventh day of July, one thousand eight hundred and fifty- four, there was reserved, as a permanent home for the said tribe, that part of their country lying east and south of a line beginning at a point on the line between the Delawares and the Half-breed Kansas [Kansas Tribe], forty miles in a direct line west of the boundary between the Delawares and Wyandottes, thence north ten miles; thence in an easterly course to a point on the south bank of Big Island Creek, which shall also be on the bank of the Missouri river, where the usual high-water line of said creek intersects the high-water line of said river. And by the eleventh article of said treaty it was stipulated that "at any time hereafter when the Delawares desire it, and at their request and expense, the President may cause the country reserved for their permanent home, to be surveyed in the same manner as the ceded country is surveyed, and may assign such portion to each person or family as shall be designated by the principal men of the tribe: Provided, such assignment shall be uniform." The Delawares having represented to the government that it is their wish that a portion of the lands reserved for their home may be divided among them in the manner contemplated by the eleventh article of the treaty aforesaid, it is hereby agreed by the parties hereto, that the said reservation shall be surveyed as early as practicable after the ratification of these articles of agreement and convention, in the same manner that the public lands are surveyed; and to each member of the Delaware tribe there shall be assigned a tract of land containing eighty acres, to include in every case, as far as practicable, a reasonable portion of timber, to be selected according to the legal subdivisions of survey.
The division and assignment in severalty among the Delawares of the land shall be made in a compact body, under the direction of the Secretary of the Interior, and his decision of all questions arising therefrom shall be final and conclusive. Certificates shall be issued by the Commissioner of Indian Affairs, for the tracts assigned in severalty, specifying the names of the individuals to whom they have been assigned respectively, and that the said tracts are set apart for the exclusive use and benefit of the assignees and their heirs. And said tracts shall not be alienable in fee, leased, or otherwise disposed of, except to the United States or to members of the Delaware tribe, and under such rules and regulations as may be prescribed by the Secretary of the Interior; and the said tracts shall be exempt from levy, taxation, sale, or forfeiture, until otherwise provided by Congress. Prior to the issue of the certificates aforesaid, the Secretary of the Interior shall make such rules and regulations as he may deem necessary or expedient, respecting the disposition of any of said tracts, in case of the death of the person or persons to whom they may be assigned, so that the same shall be secured to the families of such deceased persons. And should any of the Indians to whom tracts shall be assigned, abandon them, the said Secretary make take such action in relation to the proper disposition thereof, as, in his judgment, may be necessary and proper. The improvements of the Indians residing on the lands to be sold shall be valued by the United States, and the individual owners thereof shall receive the amount realized from the sale of same, to be expended in building other improvements for them on the lands retained.
The Delaware tribe of Indians, entertaining the belief that the value of their lands will be enhanced by having a railroad passing through their present reservation, and being of the opinion that the Leavenworth, Pawnee, and Western Railroad Company, incorporated by an act of the legislative assembly of Kansas Territory, will have the advantage of travel and general transportation over every other company proposed to be formed, which will run through their lands, have expressed a desire that the said Leavenworth, Pawnee, and Western Railroad Company shall have the preference of purchasing the remainder of their lands after the tracts in severalty and those for the special objects herein named shall have been selected and set apart, upon the payment into the United States treasury, which payment shall be made within six months after the quantity shall have been ascertained, in gold or silver coin, of such a sum as three commissioners, to be appointed by the Secretary of the Interior, shall appraise to be the value of said land: Provided, in no event shall the value be place below the sum of one dollar and twenty-five cents per acre, exclusive of the cost of the survey of the same. (And that the United States will issue a patent in fee-simple to said company, upon the payment as aforesaid, for all the land remaining in Kansas.) It is, therefore, agreed by the United States that the wishes of the Delawares shall be granted; that they will accept of the trust reposed upon them; and that the money resulting from such disposition of the lands shall be disposed of and applied in the same manner provided for by the seventh and eighth articles of the Delaware treaty of six May, one thousand eight hundred and fifty-four, after expending a sufficient sum to enable them to commence agricultural pursuits under favorable circumstances. It is also agreed that the said railroad company shall have the perpetual right of way over any portion of the lands allotted to the Delawares in severalty, upon payment of a just compensation, therefore, in money, to the respective parties whose lands are crossed by the line of railroad. It being the intent and meaning of the Delawares, in consenting to the sale of their surplus lands to said company, that they should, in good faith, and within a reasonable time, construct a railroad through their reservation, and to carry out this intent as well as to secure so great a public convenience, it is agreed that no patent shall issue for any of these lands nor shall the sale be binding upon the Delaware Indians or the United States, until the Secretary of the Interior shall be fully satisfied that a line of twenty-five miles of the road from Leavenworth City shall have been completed and equipped, when a patent shall issue for one-half of the ascertained quantity. The patent for the residue shall issue only when the said Secretary shall be satisfied that the road has been, in like manner, completed and equipped to the western boundary of the Delaware reservation. And if the said company shall fail or neglect to construct either the first or second section of the road, or having constructed the first section and fail to complete the second section within a reasonable time they shall forfeit to the United States all rights to the lands not previously patented, and the certificate of purchase shall be deemed and considered cancelled. And provided further, That in case the said company shall fail to make payment for the lands or fail to construct the road, as hereinbefore stipulated, within a reasonable time, the surplus lands shall be disposed of by the Secretary of the Interior, at public auction, in quantities not exceeding one hundred and sixty acres; but, in no case for a sum less than the appraised value, the net proceeds to be applied in the same manner as heretobefore specified: And provided further, That the said railroad company shall, finally, and in good faith, sell and dispose of all said lands within seven years after receiving the patent therefor, except what may be necessary for railroad purposes; and in default thereof so much thereof as may remain undisposed of shall revert to the Delaware nation, to be disposed of as herein provided for other forfeited lands
Whereas some years ago a good many of the Delawares went down among the Southern Indians, and as there are still about two hundred of them there, they have reason to believe they will return soon, it is hereby agreed that eighty acres each be set apart for them, to be allotted to them as they return, and certificates to be then issued to them, in the same manner as those now within the reservation, and in every respect to be governed by the same rules and regulations prescribed for the government of the lands reserved by the preceding articles, that until they return the allotments set apart for belong to the nation in common.
There shall be reserved three hundred and twenty acres of ground where the mill, and school-house, and Ketchum's store now stand; three hundred and twenty acres where the council-house now is; one hundred and sixty acres where the Baptist mission now is; one hundred and sixty acres where the agency house now is; forty acres where the Methodist Episcopal Church South now is; forty acres where the Methodist Episcopal Church North now is; which several tracts, with the improvements thereupon, shall be disposed of when the objects for which they have been reserved shall have been accomplished, in such manner and for such purposes as the Secretary of the Interior shall determine to be just and equitable, for the benefit of the Delawares.
By article fourteen of the treaty between the Delawares and the United States, of May six, one thousand eight hundred and fifty-four, ratified by the Senate July eleven, eighteen hundred and fifty-four, the United States bound herself to protect them and their rights: and that whereas, that depredations of various kinds have been committed upon them and their lands, it is hereby agreed that the United States shall pay them, within twelve months from the ratification of these articles of treaty and convention, thirty thousand dollars as indemnity, for timber that has been cut off from their reservation by the whites, and nine thousand five hundred dollars as indemnity for ponies and cattle that have been stolen from them by the whites since their last treaty with the United States. It is further stipulated that should the Senate of the United States refuse this article, it shall in no wise effect the validity of the other articles, or prejudice the rights of the Delawares to appeal to the Congress of the United States for the indemnities hereby agreed upon. It is further understood that, at the treaty between the Delawares and the United States, made September twenty-nine, of one thousand eighteen hundred and twenty-four, the boundary of the reservation then set apart for them included the Half-breed Kansas lands; but it afterwards proved that the United States had previously set apart these lands for the Half-breed Kaws, and by that means they have been kept out of the use and benefit of said lands; it is, therefore, hereby agreed that a fair valuation shall be made by the United States upon such lands, under the direction of the Secretary of the Interior, and that the amount of said valuation shall be paid the Delawares.
In consideration of the long and faithful services of the chiefs of the Delaware nation, and of the interpreter, who is also a member of the nation, it is further agreed that the said chiefs and the interpreter shall have allotted to each a tract of land, to be selected by themselves, and shall receive a patent in fee-simple therefor from the President of the United States, viz: John Conner, principal chief, six hundred and forty acres; Sar-cox-ie, chief of the Turtle band, three hundred and twenty acres; Roc-a-to-wha, chief of the Turkey band, three hundred and twenty acres; Ne-con-he-con, chief of the Wolf band, three hundred and twenty acres, and Henry Tiblow, interpreter, three hundred and twenty acres; the lines of each tract to conform to the legal subdivision of survey. It is further agreed that, from the money as paid the Delaware tribe of Indians, in accordance with article number ten of this treaty, the chiefs of said tribe of Indians shall appropriate one thousand five hundred dollars as the annual salary of the councilmen of the said tribe of Indians.
Any stipulation in former treaties, inconsistent with those embraced in the foregoing articles shall be of no force or effect.
As these articles are entered into for the sole use and benefit of the Delaware Indians, it is understood that the expenses incident to carrying them into effect shall be defrayed from the funds of said Indians, held in trust for them by the United States.
The interest accruing to the Delawares under the former treaties, and that which may accrue under this, shall be paid on the first of April and the first of October in each year. In testimony whereof, the said Thomas B. Sykes, commissioner as aforesaid, and the said delegates of the Delaware tribe of Indians have hereunto set their hands and seals, at the place and on the day and year hereinbefore written.
Thomas B. Sykes, Commissioner.
John Connor, Head Chief,
Sar-cox-ie, or The Highest, Assistant Chief,
Ne-con-he-con, or Bounding Ahead, Assistant Chief.
Rock-a-to-wha, or Sun Rise, Assistant Chief,
James Connor, or Ah-la-a-chick.
Signed in the presence of--Henry Tiblow, United States interpreter, James Findlay, William G. Bradshaw, Samuel Priestley, Thomas S. Gladding.
* * *
* * *
Articles of agreement and convention at the
city of Washington on the nineteenth day of
July, in the year of our Lord one thousand eight
hundred and sixty-six, between the United States,
represented by Dennis N. Cooley, Commissioner of Indian Affairs,
[and] Elijah Sells, superintendent of Indian
affairs for the southern superintendency,
Cherokee Nation of Indians,
represented by its delegates, James McDaniel, Smith Christie, White Catcher, S II.
Benge, J. B. Jones, and Daniel H. Ross--John
Ross, principal chief of the Cherokees,
being too unwell to join in these negotiations.
PREAMBLE. Whereas existing treaties between the United States and the Cherokee Nation are deemed to be be insufficient, the said contracting parties agree as follows, viz:
The pretended treaty made with the so-called Confederate States by the Cherokee Nation on the seventh day of October, eighteen hundred and sixty-one, and repudiated by the national council of the Cherokee Nation on the eighteenth day of February, eighteen hundred and sixty-three, is hereby declared to be void.
Amnesty is hereby declared by the United States and the Cherokee Nation for all crimes and misdemeanors committed by one Cherokee person on the person or property of another Cherokee, or of a citizen of the United States, prior to the fourth day of July, eighteen hundred and sixty-six; and no right of action arising out of wrongs committed in aid or suppression of the rebellion shall be prosecuted in the courts of the United States or in the courts of the Cherokee Nation.
[Only the portion dealing with or pertaining to the Delaware has been entered at this time.]
The United States may settle any civilized Indians, friendly with the Cherokees and adjacent tribes, within the Cherokee country, on the unoccupied lands east of 96 [degrees], on such terms as may be agreed upon by any tribe and the Cherokees, subject5 to the approval of the President of the United States, which shall be consistent with the following provisions, viz: Should any such tribe or band of Indians settling in said country abandon their tribal organization, there being paid into the Cherokee national fund a sum of money which shall sustain the same proportion to the then existing national fund that the number of Indians sustain to the whole number of Cherokees then residing in the Cherokee country, they shall be incorporated into and ever after remain a part f the Cherokee Nation, on equal terms in every respect with native citizens. And should any such tribe, thus settling in said country, decide to preserve their national organizations, and to maintain their tribal laws, customs, and usages, not inconsistent with the constitution and laws of the Cherokee Nation. they shall have a district of country set off for their own use by metes and bounds equal to one hundred and sixty acres, if they so decide, for each man, woman, and child of said tribe, and shall pay for the same into the national fund such price and may be agreed upon by them and the Cherokee Nation, subject to the approval of the President of the United States, and in cases of disagreement the price to be fixed by the President. And the tribe thus settled shall also pay into the national fund a sum of money, to be agreed on by the respective parties, not greater in proportion to the whole existing national fund and the probable proceeds of the lands herein ceded or authorized to be ceded or sold than their numbers bear to the whole number of the Cherokees then residing in said country, and thence afterwards they shall enjoy all the rights of native Cherokees, But no Indians who have no tribal organizations, or who shall determine to abandon their tribal organizations, shall be entitled to settle east of the 96 [degree[ of longitude without the consent of the Cherokee national council, or of a delegation duly appointed by it, being first obtained. And no Indians who have and determine to preserve the tribal organizations shall be permitted to settle, as herein provided, east of the 96 [degree] without such consent being first obtained, unless the President of the United States, after a full hearing of the objections offered by said council or delegation to such settlement, shall determine that the objections are insufficient, in which case he may authorize the settlement of such tribe east of the 96 [degree] of longitude.
The United States may settle friendly Indians in any part of the Cherokee country west of 96 [degrees], to be taken in a compact form in quantity not exceeding one hundred and sixty acres for each member of said tribes thus to be settled; the boundaries of each of said districts to be distinctly marked, and the land conveyed in fee-simple to each of said tribes to be held in common or by their members in severalty as the United States may decide. Said lands this disposed of to be paid for to the Cherokee Nation at such price as may be agreed on between the said parties in interest, subject to the approval of the President; and if they should not agree, then the price to be fixed by the President. The Cherokee Nation to retain the right of possession of and jurisdiction over said country west of 90 [degrees] of longitude until thus sold and occupied,, after which their jurisdiction and right of possession to terminate forever as to each of said districts thus sold and occupied. ARTICLE 17.
The Cherokee Nation hereby cedes, in trust to the United States, the tract of land in the State of Kansas which was sold to the Cherokees by the United States, under the provisions of the second article of the treaty of 1835; and also that strip of the land ceded to the nation by the fourth article of said treaty which is included in the State of Kansas, and the Cherokees consent that said lands may be included in the limits and jurisdiction of the said State.
The lands herein ceded shall be surveyed as the public lands of the United States are surveyed, under the direction of the Commissioner of the General Land-Office, and shall be appraised by two disinterested persons, one to be designated by the Cherokee national council and one by the Secretary of the Interior, and, in case of disagreement by a third person, to be mutually selected by the aforesaid appraisers. The appraisement to be not less than an average of one dollar and a quarter per acre, exclusive of improvements. And the Secretary of the Interior shall, from time to time, as such surveys and appraisements are approved by him, after due advertisements for sealed bids, sell such lands to the highest bidders for cash, in parcels not exceeding one hundred and sixty acres, and at not less than the appraised value: Provided, That whenever there are improvements of the value of fifty dollars made on the lands not being mineral, and owned and personally occupied by any person for agricultural purposes at the date of the signing hereof, such person so owning, and in person residing on such improvements, shall, after due proof, made under such regulations as the Secretary of the Interior may prescribe, be entitled to buy, at the appraised value, the smallest quantity of land in legal subdivisions which will include his improvements, not exceeding in the aggregate one hundred and sixty acres; the expenses of survey and appraisement to be paid by the Secretary out of the proceeds of sale of said land: Provided, That nothing in this article shall prevent the Secretary of the Interior from selling the whole of said lands not occupied by actual settlers at the date of the ratification of this treaty, not exceeding one hundred and sixty acres to each person entitled to pre-emption under the pre-emption laws of the United States, in a body, to any responsible party, for cash, for a sum not less than one dollar per acre.
[There are 39 articles in all in this treaty. The remaining articles are not of general interest to the Delaware. The remainder of the text can be found at http://digital.library.okstate.edu/kappler/index.htm ]
All provisions of
treaties heretofore ratified and in force, and not
inconsistent with the provisions of this
treaty, are hereby re-affirmed and declared to be in
full force; and nothing herein shall be construed as
an acknowledgment by the United States, or as a
relinquishment by the Cherokee Nation of any claims
or demands under the guarantees of former treaties,
except as herein expressly provided.
In testimony whereof, the said commissioners on the part of the United States, and the said delegation on the part of the Cherokee Nation, have hereunto set their hands and seals at the city of Washington, this ninth [nineteenth] day of July, A. D. one thousand eight hundred and sixty-six.
D. N. Cooley, Commissioner of Indian Affairs.
Elijah Sells, Superintendent of Indian Affairs.
S. H. Benge,
Danl. H. Ross,
J. B. Jones.
Delegates of the Cherokee Nation, appointed by Resolution of the National Council.
In presence of
W. H. Watson,
J. W. Wright.
Signatures witnessed by the following-named persons, the following interlineations being made before signing: On page 1st the word the interlined, on page 11 the word the struck out, and to said page 11 sheet attached requiring publication of laws; and on page 34th the word ceded struck out and the words neutral lands inserted. Page 47½ added relating to expenses of treaty.
Thomas Ewing, jr.
Wm. A. Phillips,
J. W. Wright.
* * *
The undersigned delegates from the Delaware Indians, in company with the delegates on behalf of the Cherokee Nation, have examined all the Cherokee Country west of the 96th degree that they thought would be suitable for the Delawares to settle in, and have decided that there is not sufficient good land in a body west of that line, that could be cultivated to meet the wants of the people and have, therefore. preserving their tribal organization. selected that part of the Little Verdigris or Canae, beginning at the Kansas line where the 96th meridian crosses the same and thence running east ten miles; thence south thirty miles; thence north to the place of beginning, subject to the conditions mentioned in the Cherokee Treaty with the U.S. of July 19, 1866. Under the provisions of said treaty, the price for the use of the same has to be agreed on by the two parties, subject to the approval of the President of the United States. (129) [Does this duplicate another entry? Need the date and source. Editor.]
Articles of agreement made this 8th day of April, A.D. 1867, Between the Cherokee Nation, represented by William P. Ross, principal chief, Riley Keyes. and Jesse Bushyhead, delegates duly authorized, parties of the first part, and the Delaware tribe of Indians, represented by John Connor, principal chief, Charles Journeycake, assistant chief; Isaac Journeycake, and John Sarcoxie, delegates for and on behalf of said Delaware tribe, duly authorized, witnesseth:
Whereas by the fifteenth article of a certain treaty
between the United States and the Cherokee Nation,
ratified August 11, 1866, certain terms were
provided, under which friendly Indians might be
settled upon unoccupied lands in the Cherokee
country east of the ninety-sixth degree of west
longitude, the price to be paid for such lands to be
agreed on by the Indians to be thus located and the
Cherokee Nation, subject to the approval of the
President of the United States; and Whereas by a
treaty between the United States and the Delaware
tribe of Indians, ratified August 10, 1866, the
removal of the said Delawares to the Indian country
south of Kansas was provided for; and in the
fourth article whereof an agreement was made by the
United States to sell to the Delawares a tract of
land, being part of a tract the cession of which by
the Cherokees to the United States was then
contemplated; and whereas no such cession of land
was made by the Cherokees to the United States. but
in lieu thereof, terms were provided, as
hereinbefore mentioned, under which friendly Indians
might be settled upon their ands; and whereas a full
and free conference has been had between the
representatives of the Cherokees and the
Delawares, in view of the treaties herein referred
to, looking to a location of the Delawares upon the
Cherokee lands, and their consolidation with said
Cherokee Nation: Now, therefore, it is agreed
between the parties thereto. subject to the approval
of the President of the United States, as follows:
The Cherokees, parties of the first part. for and in
consideration of certain payments, and the
fulfillment of certain conditions hereinafter
mentioned, agree to sell to the Delawares, for their
occupancy, a quantity of land east of the line of
the ninety-sixth degree of west longitude, in the
aggregate equal to 160 acres for each individual of
the Delaware tribe who has been enrolled upon a
certain register made February 18, 1867, by the
Delaware agent, and on file in the office of Indian
Affairs, being the list of Delawares who elect to remove to the "Indian Country," to
which list may be added, only with the consent of
the Delaware council, the names of such other
Delawares as may, within one month after the
signing of this agreement, desire to be added
thereto, and the selections of the lands to be
purchased by the Delawares may be made by said
Delawares in any part of the Cherokee reservation
east of said line of ninety-sixth degree, not
already selected and in possession of other parties;
and in case the Cherokee lands shall hereafter be
allotted among the members of said nation, it is
agreed that the aggregate amount of land herein
provided for the Delawares, to include their
improvements according to the legal subdivisions
when surveys are made-that is to say, 160 acres for
each individual-shall be guaranteed to each Delaware
incorporated by these article as into the Cherokee
Nation, nor shall the continued ownership and
occupancy of said land by any Delaware so
registered be interfered with in any manner
whatever, without its consent, but shall be subject
to the same conditions and restrictions as are the
laws of the Cherokee Nation imposed upon native
Provided that nothing herein shall confer the right to alienate. convey, or dispose of any such lands, except in accordance with the constitution and laws of said Cherokee Nation,
And the said Delawares, parties of the second part, agree that there shall be paid to the said Cherokees, from the Delaware funds now held or hereafter received by the United States, a sum of money equal to $1 per acre for the whole amount of 160 acres of land for every individual Delaware who has already been registered upon the aforesaid list, made February 18, 1867, with the additions thereto heretobefore provided for.
And the Secretary of the Interior is authorized and requested to sell any United States stocks belonging to the Delawares to procure funds necessary to pay for said lands; but in case he shall not feel authorized, under existing treaties, to sell such bonds belonging to the Delawares, it is agreed that he may transfer such United States bonds to the Cherokee Nation at their market value, at the date of such transfer.
And the said Delawares further agree that there shall be paid from their funds now or hereafter to come into possession of the United States, a sum of money which shall sustain the same proportion to the existing Cherokee national fund that the number of Delawares registered as above mentioned and removing to the Indian country sustains to the whole number of Cherokees residing in the Cherokee Nation. And for the purpose of ascertaining such relative numbers, the registers of the Delawares herein referred to, with such additions as may be made within one month from the signing of this agreement, shall be the basis of calculation as to the Delawares, and an accurate census of the Cherokees residing in the Cherokee Nation shall be taken under the laws of that nation within four months, and properly certified copies thereof filed in the office of Indian Affairs, which shall be the basis of calculation as to the Cherokees
And that there may be no doubt as to the amount to be contributed to the Cherokee national fund by the Delawares, it is hereby agreed by the parties hereto that the whole amount of the invested funds of the Cherokees, after deducting all just claims thereon, is $678,000.
And the Delawares further agree, that in calculating the total amount of said national fund there shall be added to the said sum of $678,000 the sum of $1,000,000 being the estimated value of the Cherokee neutral lands in Kansas, thus making the whole Cherokee national fund 1,678,000; and this last-mentioned sum shall be taken as the basis for calculating the amount which the by the Delawares are to pay into the common fund. Provided, that as the 678,000 of funds now on land belonging to the Cherokees is chiefly composed of stocks of different values, the Secretary of the Interior may transfer from the Delawares to the Cherokees a proportion of the stocks now owned by the Delawares of like grade and value, which transfer shall be in part of the pro rata contribution herein provided for by the Delawares to said fund shall be in cash or United States bonds at their market value. Delawares to the funds of the Cherokee Nation; but the balance of the pro rata contribution by the [text missing]
All cash and all proceeds of stocks, whenever the same may fall due or be sold, received by the Cherokee from the Delawares under the agreement, shall be invested and applied in accordance with the twenty-third article of the treaty with the Cherokees of August 11, 1866.
On the fulfillment by the Delawares of the foregoing stipulations, all members of the tribe registered, as above provided, shall become members of the Cherokee Nation with the same rights and immunities, and the same participation (and no other) in the national finds, as native Cherokees save as hereinbefore provided.
And the children hereafter born of such Delawares so incorporated into the Cherokee Nation shall in all respects be regarded as native Cherokees.
[Cherokee] Will P. Ross, Principal Chief. Riley Keys, Cherokee Delegation.
Principal Chief, Charles Journeycake,
Executed and Delivered in our possession by the above-named delegates of the Cherokee and Delaware Nations, at the city of Washington, in the District of Columbia, the day and year first above written.
John G. Pratt, W. A. Phillips, Edward S. Menageth. Department of the Interior, April 11. 1867.
The within agreement between the Cherokee and the Delaware tribes of Indians, concluded on the 8th instant, and providing for united the two tribes as contemplated by the Cherokee treaty of July 19, 1866, us respectfully submitted to the President, with the recommendation that it be approved. I. H Browning, Secretary.
Approved April 11, 1867. Andrew Johnson.
Ratified by the [Cherokee] National Committee, June 13th, 1867. Smith Christie, Jno. Young. [SOURCE?]
by the National Council, That
the Principal Chief be and he is hereby authorized
to appoint some suitable person or persons to
transcribe the Cherokee census rolls, and forward
copies of them to the Secretary of the Interior
at as early a day as it can be done. Also,
to call on the Secretary of the Interior for a copy
of the Delaware census roll.
[Do we have this?]
Tahlequah, C. N., June 17th, 1867. Approved: WM. P. ROSS [SOURCE?]
* * *
The undersigned delegates from the
Delaware Indians, in company with the delegates
on behalf of the Cherokee Nation, have examined all
the Cherokee Country west of the 96th degree that
they thought would be suitable for the Delawares to
settle in, and have decided that there is not
sufficient good land in a body west of that line,
that could be cultivated to meet the wants of the
people and have, therefore, preserving their tribal
organization, selected that part of the Little
Verdigris or Canae, beginning at the Kansas
line where the 96th meridian crosses the same and
running thence south thirty miles; thence west ten
miles; thence north to the place of beginning,
subject to the conditions mentioned in the Cherokee
Treaty with the U.S. of July 19, 1866. Under the
provisions of said treaty, the price for the use of
the same has to be agreed upon by the two parties,
subject to the approval of the President of the U.S.
(A Lesson in Administrative Termination: An
Analysis of the Legal Statues of the Delaware
Tribe of Indians, pp. 13-14.)
[This is the Last of the Treaties between the Delaware and the United States.]
Published 10 July 2004. Times New Roman. Photo check A. TH