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Citation: 11 Stat. 530 1837-1868

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580 THIRTY-FIFTH . CONGRESS. Szss. L C. 80, 41,42,47. 1858.
May 6, 1858. CnAp. =.L-Ana Actfr Me Reie of Ckysis Jme Me. Me. intoh, of &hlUited
Be it enacted 4 the &nate and House of Representatives of th, United
&ates of America in (Congrsss awsemNed That the Secretary of the
Treasury be, and he hereby is, directed, out of any money in the treasury
not otherwise appropriated, to pay to Captain James Me. Mc Intosh, of
$204.95 to be the United States navy, the sum of two hundred and four dollars and
VtXCaP Jne8S ninety-five cents, being the difference between the sum paid to him at the
treasury as commander "on other duty," and that which was due to him
as such officer "attached to a vessel for sea service," and being in full for
his services as an officer of the West India squadron from the fourteenth
day of August, eighteen hundred' and thirty-seven, to the third day of
September, eighteen hundred and thirty-eight.
APpIOvYD, May 5, 1858.

may Is, 1868. Canv.fL-An Ad jlr tie Relief of .Thn R. Tn^pe of Lonisiaina.
Be it enacted by the &nate and House of Representativesof the United
Title Of Jon .aof America in obngress assemled, That John R. remple be, and
irme to a tract he is hereby, confirmed in his title to a tract
of land containing six hun-
of the "Baron de dred and seveifly arpens, lying and being within what is known as the
Itrop Orn. "Baron de Bastrop grant," on the east side of Bayou Bartholomew, and
more particularly described in a plat and survey executed on the nine-
teenth and twentieth days of January, bighteen hundred and fifty-five, by
Henry Curtis, parish surveyor for the parish of Morehouse, and State of
Louisiana; and being all that part of two certain tracts of land, not here-
tofore confirmed to any other caimagt, as follows, to wit: A tract of land
sold and conveyed by the heirs of Morehouse to George Hook, by deed
dated the tenth day of December, eighteen hundred and fourteen; and a
certain other tract conveyed by Abraham Morehouse to Jacob Stroop, son
of George Stroop, by deed dated the tenth day of December, eighteen
hundred and twelve.
Szo. 2. And be itfirther piacte That the Commissioner of the Gen-
eral Land-Office, upon the receipt of a plat and survey of the land hereby
Patent to issue. confirmed, executed by the proper officer, shall cause a patent to be issued
Proviso.,. therefor to the said John [R.] Temple: Provided,however, That such
patent shall only operate as a relinquishment of title on the part of the
United States, and shall not effect the rights of any third person.
APeRovw, May 18, 1858.

May 18,188. CA. XLIL-An Act t authors tme &tte t of the Acconts of L44er Jewtt, late
Wiector qf th Dietri of Potlatd ad Famosth. in te tt of Maine.
Be it enacted by the Snate and .Houe of Representatives of the United
Luthe Jewett Stat of America in (loreis assembled, That the proper accounting offi-
to be credited cers of the Treasury Department and are authorized and
with $1000 lostt be, they hereby,
in transut directed to credit the account of Luther Jewett, late collector of the dis-
trict of Portland and Falmouth, with the sum of one thousand dollars,
being for that sum lost in transitu from said collector to be deposited with
the assistant treasurer at Boston.
Ar ovzD, May 18, 185&8.

May $A,i8s. Oxa. X VOLa -An Actfir the Relif Theam Snidem.
Be it enacted 6 the &nate and House of Represatives of the United
Thomas pei? States of, America in (ob
laveSmith-
h es assembled, That the Secretary of the
on t h per Interior be, and he is hereby, authorized to place the name of Thomhas
month. Smithers upon the invalid pension roll of the army of the United States,
and that he cause to be paid to him the sum of eight dollars per month,

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THIRTY-FIFTH CONGRESS. Sss. L C. 48,49, 50, 51. 1858. 581
commencing January first, eighteen hundred and My-five,and such sum
of eight dollars per month to continue during his natural life.
APPRovED, May 24, 1858.

Cua". XVfl-As Adt to revive an Act eadeW " An Ajr he Rdi~f of the Heir, May 34, 1558-
rtheir WeaRepsative, of Wiluim Cbqtvaijdeeesed. 188611 July 2.
* WuxuAS the heirs of William Conway, deceased, or heir legal rep- Preambie.
resentatives, have never been able to a'ail themselves of the provisions
in their favor contained in an act entitled "An act for the relief of the
heirs, or their legal representatives, of 'WilliamConway, deceased," partly
because of some error or mistake as to the location of the portion of the
lands applied for under the aet and partly because of the existence of a
legal controvers between the parties in interest under the piovisions of
said act: Therefore-
Be it enacted by the Senate and House of Representatie "ofthe United
State. of A ica in Comrs assembled, That the said act entitled "An Frma act re-
act for the relief of the heirs, or their legal represenfatives, of Wimlam _e. for we
.Conway, deceased," approved July second, eighteen hundred and thirty- 'I'vi p.ss
'.
six, be, and the same ishereby, revived and continued in force fok one
year from the passage of this act, and no longer.
APPRovwD, May 24, 1858.
Cw~. XLAL-A Act jbr di e ifof the Rerataie f Wilia sdkdW~daea4 May 24,1818.
kite of Lusaa.
Be it enaed O e Senate and Noe of Representaties of the United
States of America in Congress a$sMd, That the claim of William C31ah of WU1-
Smith to six hundred and forty acres of land, now occupied by Willimn Louisitt
B. Allen, in the parish of Livingston, in the State of Louisiana, and being confirmed to
the same he resided on at the time of his death, and settled originally by hbfrs, &c. a d
Stephen Terry, and represented on the map of surveys as section number P atet
. s
thirty-nine (89), in township number six (6) south, of range number
three (8) east; and section number sixty (60), in townip number six
(6) south, of range number two (2) east, be, .and the same is hereby, con-
firmed to the said William Smith and to his heirs and representatives, and
that a patent shall issue therefor, as in other cases: Provded, That this Provis
act shall only operate as a.relinquishment forever on the p of the
United States to said land, and shall not interfere with adverse valid
rights of others, if such exist.
APPiovE, May 24, 1858.

LC*i. L.-Ax Adl jfr doe Releffdo Heirs and legeresativefPierreBEmus- May 24, 18N8.
=4~decesed.
Be it enacted by te Senale and Homse of eresentves of the United
States of America in Congess asveled, That the heirs and legal rep-
resentatives of Pierre Broussard, deceased, late of Louisiana, be, and CaadlPre
Broussard to
they are hereby, confirmed in their title to a certain trait of land situated land Louisiana
on the Bayou Teche in the parish of St. Martin, in said State of Louis- confmed to
iana, and known on the recognized public surveys as section thirty-six heim
(86), in'township eight (8) south, of range five (5) east, containing about
one hundred and seventy acres: Pro1vded, That this oonfimation sha l P o.
only operate as a relinquishment of title on the part of the United States,
and shall not affect any adverse rights, if any such there be.
AppROVvD, May 24, 1858.

CHAP. LL-A Adfor te W of RVi Le, or Us la Rwewat e ayt24,18..


Be itenacted by the Senate and House of Represnaive of the United
Sat of America in Congrss assembled, That the said Regis Loe,, or Olalm of Regas

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582 THIRTY-FIFTH CONGRESS. Sass. L Cir. 52, 58, 54. 1858.
LoWl to land his legal representatives, be, and they are hereby, confirmed in their title
confirmed. to a certain tract of land ceded by Don Carlos Dehault Delaisus, Spanish
governor of Upper Louisiana, on the twenty-fifth day of March, anno
Domini eighteen hundred, to Regis Loisel, situate in what was then known
as Upper Lou iiana, on the Missouri River, including Cedar Island, as the
same was surveyed on the twentieth November, anno Domini eighteen
hundred and five, by Antonio Soulard, surveyor-general for the Territory
of Louisiana, according to the pJat now on file in the arehives of the
Missouri district. But it is provided that if said tract of land, confirned
If said land is as aforesaid, or any part thereof, has been located by any other person or
locatedbyothers, persons, under any law of the United States, or has been surveyed and
catem sold by the United States, this act shall confer no title to such lands in
opposition to the rights acquired by such location or purchase ; but the
said Loisel, or his legal representatives, shall be permitted to make a re-
location on an equal amount of the public lands as may be taken by such
location or purchase, that may be subject to entry at private sale, at a
price not to exceed one dollar and twenty-five cents per acre; and the
surveyor-general for the district of Missouri shall issue a certificate to
authorize the same.
Sac. 2. And be itfurther enacted, That the location authorized by this
act shall be entered with the register of the proper land-office, who shall,
Certificate of on application for that purpose, make out a certificate of such location as
lc0ato and Pa' in other cases ; and if h shall appear to the Commissioner of the General
et. Land-Office that said certificate has been obtained according to the pro-
visions of this act, then patents shall issue as in other cases: And it is
furtherprovided,That if it shall be found that said tract of land, con-
firmed as aforesaid, has not been located by any other person or persons,
or has not been sold by the United States as aforesaid, that, in that case,
a patent shall be issued for the same as in other cases.
APRowvD, May 24, 1658.

May 4,is5s. Cm . L.-An Act to amend an Act entit"ed "An Act gntinq a Pension to Ansel
1856, o. 98. Wlkinson," approved August thirtenc, eighteen Atwdred andj~fl.six.
Ante, p. 462. Be it enacted by the Senate and House of Representatives of the United
Former act States of America in Congress assemVed, That the "act granting a pen-
amended. sion to Ansel Wilkinson," approved August thirteenth, eighteen hundred
and fifty-six, be so amended that the word "Ansel" shall read Asel
wherever the same occurs in the said act.
APPBOVED, May 24, 1858.

May 24,1858. CA. LIM-An Act to increasethe Pension ofJohn Richmond.


Be it enacted by t Senate and House of Representatives of the United
&tate of America in Congress assembled, That the two third pension here-
John Richmond tofore allowed to John Richmond, of the State of Massachusetts, a private
grnted a flI in the war of eighteen hundred and twelve, be, and the same is hereby,
Sension fromy
1m raised to a full pension.
SEC. 2. And be itfurer enacted by the authorit/ aforesaid, That the
benefits accruing to the said John Richmond under and by virtue of this
act shall commence January one, eighteen hundred and fifty-five, and
continue for and during his natural life.
APPROVED, May 24, 1858.

May 24, i85. Cm. I7.V-An Act for the Rief of Pierre Gagnon, ofNatchitoh, Louisiana.
Be it enacted by the Senate and House of Representatives of the United
Pierre Gagnon States of America in Conress assembled That Pierre Gagnon be allowed
may enter and to enter and pay for his preemption claim to the northeast and southeast
pay for his pre-
emption owim. fractional quarters of section number, seven, in township number nine

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THIRTY-FIFTH CONGRESS. Szos. L dma. 55, 58,57, s0. 1858 "588
north, of range number six west, containing about one hundred and eighty.
nine acres, in the land-office at Natehitoches, Louisiana, and that'a patent
issue therefor as in ordhiary cases: Provided 7oer, That (neither) Provisa.
this right of entry, nor any patent issued under it hall prejudice any valid
adverse claim, should such exist.
APpuOVBD, May 24, 1858.

Cu" LV -An Act/or de ReAI of aws Cmaqtr. may 24,18n8.


Be it enacted b the Snate and House of epsentativesof e Uted
Stain of America in Conress assembed,That the Seeretary of the Ihte- 1sa 0apen.
nor be, and he is hereby, authorized and directed to place the name of twgmtedapw
Isaac Carpenter, of the State of New York, upon the invalid pension. son mon,of $8
Koma
list, at the rate of eight dollars per month, commencing on the tenth day June 10, 1856.
of June, one thousand eight hundred and fifty-six, to continue during his
natural life.
APrROvzn, May 24, 1858.

Of. LVL-As Actfor te Rdif qf Brea afijr H.L. LeddeL May 24, SM.
Be i enacted b the Senate and hrouse of Representionv of the United
States of America itn Congress assmed That tho proper accounting
officers of the treasury be, and they hereby are, authorized and directed
to credit and allow Brevet Major H. L. Kendrick, of the second artillery, Brevt Mao
the sum of twelve hundred and ninety-four dollars and sixty-six cents m EL L. ,n
the settlement of his account for the sales made by him, by order of Gen- twih $1 66,4
eral Worth, of certain ordnance property belonging to the United States, mnystolen
at Puebla, in Mexico, in June, eighteen hundred and forty-eight; said
sum being so much of the proceeds of said sale as were stolen from him
at Jalapa, while transporting the same to Vera; Crux.
APPROVzD, May 24,1858.

CmL&. LVILA# Adt~r doe Relif 66i Wea Beprewtsliv 4f/Ma Maliie. May 24,185&.
Be it enacted 4 thie Snafe and House of Reprsentatves of the Uited
MSates of.America in Congress asrsedk That the legal representatives jen
of Marie Malines, born Rillieut, be, and they are hereby, bnfirmed Confirmed in the
all the right, title, and interest now held or possessed by the United Staria titleofthe United
in and to a certain tract of land in the State of Louisiana, containing Bta.ea to.in
about thirty-two hundred arpents, being a part of a grant made bycotiigland
the tan. InLus
French government, in the year one thousand seven hundred and sixty.
four, to Marie Riieux, ,Aording to a survey and plat made by the royal
surveyor, Don Carlos Trudean, and of record in the land-office at Neu
Orleans; and upon a proper survey, duly approved, being returned to the
General Land-Office, a patent shal issue: Uro'ds4
That this act shall Proviso.
only be construed to vest in the said legal representatives of Marie Ma-
line, born Rilfmeux, the rights, title, and interest in said land now held
and possessed by the United States, and shall not be construed in any way
to impair the bondf&derights, interests, or. claims acquired by any other
person under adverse grants, concessions, or purchases made prior to the
passage of tis act.
ArnovzD, May 24, 1858.

OR". LX- Adt/br di Rde/q/amaj & - may 1, 185L


.

Be it enacted by the Senate and Homse of BepesnrsWe of tdo United


ates of America in Congress aemked That the Secretary of the
Interior be, and he is hereby, authorized and required to place the name
of Nancy Serena, widow of Joseph Serena, deceased, on the penion toll,: Npoapy Smqa
voL. xi. Pniv.-70

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684 THIRTY-FIFTH CONGRESS. Sass. L Cm 61, 62, 68, 64. 1858.
to have peniOn and pay her at the rate of eight dollars per month, commencing on the
at P a month fifteenth day of June, eighteen hundred and My-four, and to continue
from Jum 15,
15&. during her natural life or widowhoo:
Airpaovxn, May 29; 185&

June 2, 18M5. CAU. IXL-A Adj o R itfof El_ ij P. ith, winanH. Prins,and Chri
F.Smih.
Be it enacted AV the Senate and House of Repreeentatives of the United
tates of America in Congress assemblZed, That the Secretary of the
.887, penalty Treasury be, and hereby is, authorized and required to refund to Elijah
ond bere .Smith, Gilman H. Perkins, and Charles F. Smith, or the survivors of
funded to Eliah them, composing the firm of Smith, Perkins and Company, of Rochester,
F. Smith GiN New York, the sum of eight hundred and thirty-seven dollars, paid by
man Pa _ them to the lUnited States on one debenture bond, executed by John 1.
Smith. Glover and Company, dated April second, eighteen hundred and fifty-
seven, as penalty over and above the re&uar duties on the merchandise
therein mentioned.
APrsovim, June 1, 1858.

JUne 1, 158.8 Onir. LXI-An Act explanay of an Act enttle "1An Acdfo theRelifof DeMpsey
Pitman," approved Ays si k t ghu dred and fi-.
185, oh. 110. .Beis enacted Zy the Senate and House of Representativ*s of the United
Ante, p. 461. States of America in Congress assembled, That the act approved August
&.Compensatlont
of colonel o sixteenth, eighteen hundred and fifty-six, entitled "An act for the relief
Infttry t be of Dempsey Pittman," be so construed as to authorize and direct the Sec-
a~dD empsey retary of War to pay to the said IYempsey Pittman the compensation and
allowances of a colonel of infantry, for the period of dive months, in full
consideration for is services in Florida in eighteen hundred and thirty-
eight.
A.PFRo v, June 1, 1858.

June 1,18M8 Cxsr. LulL-An Ad jhr the ReWe of Anrna M. B. Ring, Loaisa if. Rig, Cordelia
X. Rin, ad Sam&h .. De Lannog.
Be it enacted by the ,enate and House of Representatives of the United
.tates of America in Congress assembed, That the assignment by David
David A. A. Ring, to his four daughters, to wit: Anna M. E. Ring, Cordelia E.
Ring's assi
ment to hL" o Ring, Louisa Xi Ring, and Sarah J. De Lannoy, of land warrant number
danjhters of three thousand one hundred and seventy-two, for one hundred and sixty
6-1 tovet acres of land, issued on the eighteenth July, eighteen hundred and fifty-
them his interest five, to the said David A. Ring, be, and the same is hereby, held to vest
therein. in said assignees all the right, tide, and interest of said David A. Ring in
and to said warrant.
AP1'OvYD,,June 1, 1858.

June 1,188. CfAf. LXIV,-A Act Jr the Relif oWam Alln, of Pwrand, in ae &ate of

Beenaeted b the Snate and House of Representatives of the United


States of Ameri"h in Congress assembled, That the Secretary of the In-
William Allen telior be, and he is hereby, directed to cause the name' of William Allen
to have
at $6 a lon to be placed on the pension list, at the rate of six dollars per month, from
from June 1, and after the passage of this act, said pension to continue during his life,
1888. and to be in lieu of the pension to which he is now by law entitled.
Appaovan, June 1, 1858..

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THRTY-FIFTH CONGRESS.- Ss. L Cm65,66 7, 68,69. 1858. 585
CHP. LXV.-An Ajtr to Rad ofFabis &=4V. June i, I8N8
Be it enacted Athe Senate and Homse of? 0ettv.ofteUie
&ates of America in Conress assembkd, That the proper accounting Fablus Stanly
officers of the treasury be, and they are hereby, directed to pay to Fa ble pi at ra-
Stanly, as full compensation for his services during the time he was n am."wI~e'on
actually on duty and attached to the navy yard at Mare Island, California, duty at nvy
at the rate of two thousand one hundred dollars perthat annum, deducting in.19
period.
therefrom the pay he received for his services during
APPROVED, June 1, 1858.

CH"p. LXVL-An Actfor the Belfof Geore A. O'Br n. June 1, 1888.


Be it enacted Zy the Senate ad House of ?prendatives of the Uited
States of America in (onece assemNe That there be allowed and paid, $54.88 to be
out of any money in the treasury not otherwise appropriated, to George VlGer A.
Auditor,
A. O'Brien, for his services as clerk in the office of the Second
from the fifth day of July, eighteen hundred and forty-five, to the third
day of March, eighteen hundred and forty-six, the sum of five hundred
and forty-nine dollars and thirty-three cents.
APPROVED, June 1, 1858.

Co". LXVt.-As Act for t&e Rdief oft e Heirs of*Ahn B. Ha June 1,1sm.
Be it enacted by th Senate and Hose of Representa0ves of dh i&d
States of America in Gongress aeeembhd, That the Seeretary of the 81 so to be
Treasury be. and he is hereby, directed and required to pay to the heirs rldHad.
heirsofJohn
of John B. Hand, out of any money in the treasury not otherwise appro-.
priated, the sum of thirteen hundred and forty dollars.
APPROVED June 1, 1858.

CHA. LXVIIL-A A w*a, At/


dief af=
t&, teiMajor J'Ab
Arm. L. Dwon, Assisant June 1, i8

Be it enacted by the Senate and House of esentatives of the United


States of America in Congress assembkd, That the proper accounting s!otobee_-
officers of the Treasury. Department
. .. be, and they . are hereby, authorized dmes Brevet Kidor
L. Don-
and directed, in settling the accounts of Brevet Major James L. Donaldson, aldson In settle-
to allow him a credit for the sum of four hundred dollars, being the amount ment, being pub-
of public funds stolen while in his possession as acting assistant quarter- frmeh
lie funds
master of the army, near Monterey, in Mexico, on the tenth of October, o him.
eighteen hundred and forty-six.
APPROVED, June 1, 1858.

Csup. LXIL-Ap Act to conne a Pensin to Christie Barnar, Wdoae of the late June 1,18g58
Br Major Moses .T Barnar, & tae&s m.
Be it enacted by dze Senate and House of Re.'nesntaties of te Uniter
,tates of America in C7ongress aumbed,. That the Secretary of the In- Penion of s0
terior be, and he is hereby, directed to continue upor the pension roll, at a month, ,frm
V July 4, 1867 to
the rate of thirty dollars per month, from and after the fourth day of July be continued to
eighteen hundred and fifty-seven, when her pension expired, the name of Chritie Bar-
Christine Barnard, widow of the late Brevet who MajorwasMoses
twice J. Barnard,nr.
wounded in
captain in company H, regiment of voltigeurs,
planting the American colors uponhe ediseae
parapetcontracted
of Chepultepe
in, andwhile en-
storm-
greatly
ing tat fortress, and who died from said pension
campaign;
hanced by hardships and fatigue oi the Mexican
to be held by her, or by her children, in accordance with existing laws in
reference to the widows and children of those who died from wounds or
disease received or contracted during the Mexican war.
APPROVED, Junie 1, 1858.

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586 THIRTY-FIFTH CONGRESS. Szss. L C. 70,71,72,78,74. 1858.
June 1,18. C .LXX-A Acfor the Uefof Ruom Dwind.
Be it enaced by the enate and Home of Reprsenaive. of the United
$11,748.08 to State of America in Congress assembled That the Secretary of the Trees-
be paid Rufus ury be, and he is hereby, authorized and directed to cause to be paid to
Dwmel
terest.oU fw in- Rufus Dwinel, out of any money in the treasury not otherwise appropriated,
the sum of eleven thousand seven hundred and forty-eight dollars and
three cents, being for interest, at the rate of six per centum per annum,
on the sum of thirteen thousand and thirty seven dollars and seventy-two
cents, from the fourth day of March, eighteen hundred and thirty-seven,
when the latter sum was due from the United States to said Dwiners
assignor, to March eleventh, eighteen hundred and fifty-two, when an ap-
propriation was made for its payment.
APPROVmD, June 1, 1858.

June 1,i88. Ca". .XXL-As Atf. As R of JonasP. KAele.


Be it enaced by the &nate and House of Represntatives of the United
$750 to be pad &tatesof America in Congress assembed, That the sum of seven hundred
Jonas P. teller and fifty dollars be allowed and paid, out.of aey money in the treasury not
as wathman, otherwise appropriated, to Jonas P. Keller, in full for his services as a
watchman or overseer of the executive building, at the corner of F and
Seventeenth streets, from the Arst'of April, eighteen hundred and forty-
nine,.to the thirtieth of September, eighteen hundred and fifty.
APPzOVED, June 1, 1858.

June 1, 18& CA". LM .- AAAct/or the doelef of Stephn R. RoBa


Be it enaced by the &nate and Rouse of Rersen ves of te nited
_Judgment in. Stats of America in COnress assembled, That the attorney of the United
r of Un States of America for the southern district of Illinois be, and he is hereby,
setelaentes authorized and directed to enter satisfaction of a judgment rendered by
aNo besatisfied the district court of the United States for the said southern district of
on payment of
co0ts. Illinois, at its June term, anno Domini eighteen hundred and fifty-six, in
Correction, see favor of the United States of America against Stephen R. Rowan, on
Poest, p. 54. his paying all the costs in said ease.
APPRovzD, June 1, 1858.

June 15
1HAP. CRAP, .- An ActAr the Beeof Caleb & r .
Be it enacted 4 the Sate and Howe of Representative. of the United
Caleb Sherman &ate* of America in Cogss assembld That in the settlement of the
to be credited, In accounts of Caleb Sherman, collector of customs at Paso alel Norte, Texas,
settlement, with
$96.87 public the proper accounting officers of the treasury allow to his credit the sum
money stolen of nine hundred and seventy-five dollars and thirty-seven cents, that being
from h. the amount of government money of which he was robbed, on the night of
the sixth day of November, eighteen hundred and fifty-five.
APPaovzuD, June 1, 1!58.

June 1,1858. CRAP. LXIV.-An Act for thed


Belof of Seaa T. Lea, Widow and Adkm ar
of JaniseMalenen, kajeof dhe eug of Baltmr, decead.
$180 to be paid t6. it acted hg te Senate and Hous of Representatives of t Ue
(J ed
reltwentatives Ses
of-James MAisl- Tes o( America
t in Clangress asembed; That the Secretary of the
n Traury pay t the legal representatives of the saidJames Maglenen,
pre"od n the sum of one hundred and thirty dollars, being the value of a horse and
equipments, belonging to the said James Maglenen, the same having been
impresse4 in September, eighteen hndred and fourteen, for the purpose
of sending an express to North Point, and said horse and equipments
having been lost in said service.
AEOVED, June 1, 1858.

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TMTH
i-FIFTH CONGREBS. 8s. . CM 75, 76, 77, 78. 1858 587
0Cxsp.ILXV.-Ax Ad for 4 the f fLaureu MilaUndo. Tim. 1,1868.
.Be it enacted by the Senate and House of Rprmsentatives of th United
Stat of America in Congress asembkd, That Laurent Millandon be, and. Laurent Mmau.
he is hereby, confirmed in his title to two certain tracts of land lying on ad ttle o
the east side of Mobile bay, in the State of Alabama, being the two tracts two tracts ofIaol
of land known as the De Feriet claims, as surveyed in the year eighteen in Alabama.
hundred and thirty, and approved of by the surveyor-general in the year
eighteen hundred and thirty-five, with the exception of so much off of the
north end thereof as has heretofore been surveyed and confirmed to Wil-
biam Patterson, and included within what is known as the Patterson claim,
as now located: Provided, That tiffs act shall only be construed as a re- Proviso.
linquishment of any title that the United States may have to said lands:
Andprovidedfurther, That this confirmation shall enure to the benefit of
any other persons, if such there be, as may be entitled to any pait of said
De Feriet claims, under.oonveyances from him.
.A.PPROvYD,'JuIm 1, 1858.

Ca".L=XVL-An Adfor As des of Aama G. Bato , E.B. Babbt, and aesm June 1, 185s.
Lm~ve; UnitedSa Anny.
Be it enacted by the enate and House.of Representatives of Ae United
States of America in Congress assembled, That the proper accounting offi- $1,021.04allow-
cers of the Treasury Department be, and they are hereby, authorized and e Lieutenant
insettlement,
directed, in settling the accounts of Lieutenant James G.d'."to
Benton, of the James G.Benton,
Ordnance Department, of Brevet Major E. B. Babbitt, Chief Assistant $619.98 1-2 to
Quartermaster, and of Brevet Mejor James Longstreet, Acting Commis- Brevet Major L
QuarermaterB. Babbitt and
sary of Subsistence, to allow them, as credits, the respective amounts of $4s.98 to brevet
which they were defrauded by Parker H. French, in San Antonio, Texas, Major James
in July, eighteen huidred and fifty, viz: to James G. Benton, one thou- undmtsphich
sand and twenty-one dollars and four cents; to E. B. Babbitt, five hundred they were de-
and ninetien dollars ninety-three and a half cents; and to James fera ldby Par-
Longstreet, four hundred and forty-eight dollars and ninety-eight cents.
APPROVED, June 1, 1858

C-Ae. LXXVIL-An Act for the RsliefqfMicHad K'IMY, late a Private in cmpany , June 1, 188.
Eighth Regimen, United tates Army.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembed, That the Secretary of the Inte- Michael Kinny
nor be, and he is hereby; directed to place the name of Michael Kinny on alowed a en-
the pension list, at the rate of eight dollars per month, commencing on the month, from Dee.
eleventh day of December, one thousand eight hundred and fifty-six, and 11, 1856, for life.
to continue during his life.
ApPiovEm, June 1, 1858.

CHA. LXXVUL-A At br Me RW1ff. Wilow .A . June 1,18.


Be it. enacted 4 the Senate and oause of Representatives of the United
States of America in Congress assembled, That the proper accounting offi- J.WilcoxJenk-
ers of the treasury be, and they are hereby, authorized and required to is allowed pay
of purser from
pay to J. Wilcox Jenkins, out of any money in the treasury not otherwise Jan. i, 18es, to
appropriated, the difference between the pay of captain's clerk and a April 80, 1858.
purser of.a first-class sloop-of-war, from the first day of January to the
thirtieth of April, eighteen hundred and fifty-six, during which time he
was the acting purser of the sloop-of-war Germantown.
APPROVED, Jupe 1, 1858.

HeinOnline -- 11 Stat. 537 1837-1868


588 THIRTY-FIFTH CONGRESS. Szss.-1. - Ci. 79,80,88,87. '185&
June 1, 1868. CH". LXXI.--.At for ts Reefof Wila B. 7Wtter.
Be it enacted k~ the Senate and House of Representatives of the United
$,680 to be States of America in Congress assembkd, That the Secretary of the
pSod or Treasury be, and he is hereby, authorized and required to pay to William
subsistenc, &c. B. Trotter, of Clarke county, Mississippi, the sum of sixteen hundred and
of Choctaw In- eighty dollars, out of any money in the treasury not otherwise appropriated,
dians. the same being in full of all demands of the said Trotter growing out of
the emigration and subsistance of Choctaw Indians, in tie State of Missis-
sippi, in the year eighteen hundred and thirty-one, under a contract with
the United States.
APPROVED, June 1, 1858.

Juno 1,186a. LXX=.-An Act fir tde Rdefof.To


CHAm. Dick, of erida.
Be it enacted k the Senate and Hose of 1?epresentativee of the United
Patent of lands States of America in Congress assembed, That the Commissioner of the
in Florida to 's- General Land-Office shall cause a patent to be issued to John Dick, for
suetoJohnDick, lots numbered ten, of section twenty-nine, and one of section thirty-one,
fractional section of thirty, and the northwest quarter of the northwest
quarter of section thirty-two, all lying in township ten south, of range
twenty-seven east, containing one hundred and fift-three acres, situate in
East Florida, and of the lands subject to sale at St. Augustine, Florida:
Proviso. Provded, That such patent shall only operate as a relinquishment of title
on the pat of the United States, and shall not affect the ights of any
third person. -
ApPROVED, June 1, 1858.

June 2,1868. Cx&r.'IXU -An Adt to vat the Tikl to certda Wareate far Land in
Gweo H.AGorden,
Be it enacted 4 the Senate and House of Representativesof the United
Assignment of &tatesof America in Congress assembled, That. the Commissioner of the
"ajwan'ats to General Land-Office is hereby directed, under such regulations as he may
don, from Fd- prescribe, to recognize the assignment made to George M. Gordon on the
round Hug l and twenty-first day of January, one thousand eight hundred and fifty-two, by
re sre Edmund Hugill, sergeant in Captain Gordon's company, third regiment
of United States infantry, and James McIntyre, a private of the same
company and regiment, towbom warrants, numbers seventy-eight thousand
four hundred and two, and seventy-eight thousand four hundred and.three,
respectively, issued on the thirteenth day of July, one thousand eight hun-
dred and fifty-three, so as to vest the legal title in and to the warrants
aforesaid-in the said George B. Gordon, his heirs or assigns, according to
the intention of said parties.
APPROVED, June 2, 1858.

June 8,1leg. CHAP. LXV1L.A AdjbAe Rif of th Heft or- LEsd Repesnatives of
Richrd
D Bioknd deaet and other.
Be it-enaded 4 the Snate and House of Representatves of the, United
s,2o0, and in- States of America in Cogress assenbed That the Secretary of the
terest at 5 -. er Treasury be, and he is hereby, directed to pay out of any money in the
cent. from ov.
i treasury not otherwise appropriated, to the heirs, executors, administrators,
1,1 86, to be pad
to the heirs &o.or legal representatives of Richard D. Rowland, deceased. late of Ala-
ofBcard b" bama, the sum of three thousand two hundred dollars; and to the heirs,
RowisntL.
$2,260, and in- executors, administrators, or legal re presentatives of whomsoever possesses
teretand
rate at same
from whatever title the United States gave to Cureton, Smith, and Heifner, to
same date, to be the southeast quarter of section two, township fourteen, range eight east,
t he &o.
holnto heirs
paid ttle fofuthe
, elands
g t eselected in Alabama, and sold under treaty of March twenty-
m i o, hundred and thirty-twe, with the Creek Indians, for the
the United States benefit of the orphans of the tribe, the sum of two thousand two hundred

HeinOnline -- 11 Stat. 538 1837-1868


THIRTY-FIFTH CONGRESS. Sues. L CIL 88, 89,90,94, 95. 1858. 589

and sixty dollars, with interest, at the rate of five and a half per cent. per gave to Cureton,
annum, upon both aforesaid sums, from November fist, eighteen hundred n d Hlf-
and thirty-six.
Appritova, June 8, 1858.

C .L VML-An Act for the Relf of Samuel W. 2nw and Alvin A. Trner. June 8,1858.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of the
Treasury be, and he is hereby, directed to pay, out of any money in the
treasury not otherwise appropriated, the sum of twenty-three thousand 8,825 to be
padSamuel W.
eight hundred and twenty-five dollars ($23,825) unto Samuel W. Turner arerandAlin
and Alvin A. Turner, in full for their services m transporting the United A. Turner, in ful
States mail on their steamers from Cleveland, Ohio, and Detroit, Mich- for carrying the
igan, to Mackinaw, Sault Ste. Marie, Marquette, Copper Harbor, Eagle mall by ssm-
Harbor, Eagle River, and Onto. on, Michigan, and La Pointe, Bayfield,
and Superior City, in the State of Wisconsin.
AP~povED, June 8, 1858.

Cxs"r. LIUXII-An Actfor de Reef ofD. 0. DWcm. June 8,186s.


Be it enacted by the Senate and House of Representatives of the Uinited
States of America in Congress assembled, That there be paid to D. 0.
Dickinson the sum of one hundred and eight dollars and seventy-five $los.75 to be
cents, out of any money in the treasury not otherwise appropriated, the paid D. 0. Dick-
mon for ervi-
same being the amount due him by the United States for services ren- ea.
dered by said Didkiusuo in connexion with keeping a light in Waukegan
harbor, Illinois.
APPROVED, June 8, 185&

CHLAP. XC.-An At teom e tePemriun a eoetare lari C.Havifto, Widow June at 1868.
of Captain FoiderHamikn, late of the ftfned,Army.
Be it enacted by the Snate and House of Representativesof the United
tates of America in Congress assemled That the Secretary of the In-
terior be, and he is hereby, directed to continue the name of Mrs. Mary C. Pension to be
Hamilton on the pension rolls, at the same rate of pension allowed her under continued to Mrs.
. Hamil-
the act passed for her benefit, and approved March first, eighteen hundred
to
and lilly-four, payment to commence from and after the expiration of said 1864, cli 21.
act, and to continue for five years from the date of the passage of this act. VoL x. p. 776.
ApPRovED, June 8, 1858.

Ckse. XCIY.-An Act for t&e Relief of Tlmms Pfiwx, .Tr. June 0,1858.
Be it enacted by the Senate and Home of Representativesof the United
S ates of America in Congress assemed That the Secretary of War
be, and he is hereby, authorized to pay to Thomas Phenix, jr., during the Thomas Phe-
time he was acting as paymaster's clerk in the employment of D. Ran- nix, jr. to be paid
dall, deputy paymaster-general, the sum of three dollars a day; but fiom .8aday for Ber-
this compensation is to be deducted the salary of five hundred dollars per
annum, already received by him.
APPROVzD, June 6, 1858.

CA". XCV.-An Actfor the Relof a/Isma Bo and SWun J/em'ng. June 5, 185s.
Be it enacted k the enate and House of Representatives of the United .
States of America in Congress assembled, That Isaac Body be allowed to Is Bdyand
enter at the land-office at Springfield, Illinois, at the minimum price, at Samuel Fleming
any time within one year after the date of this act, the southeast quarter may
o
enteratland
a prei -
of section number nin.teen of township number twenty-six north, of range field, I1L within

HeinOnline -- 11 Stat. 539 1837-1868


540 THIRTY-FIFTH CONGRESS. Szss. L CR. 96, 97, 98, 99, 100. 1858.
a year a quarter twelve west; and that Samuel Fleming be allowed to enter, at the same
eacof sd land-office, and on the same terms and conditions, the northwest quarter
Correction. of section twenty, township twenty-six north, range twelve west: Pro-
Post, p. 671. ,ided, however, 'That this act shall only operate as a relinquishment of
Proviso. title on the part of the United States.
APPROVED, June 5, 1858.

June 6, 1m8. CxP. XCVL-An Act for the Rdief of Lewis W. Broadwl.
Be it enacted b the Seate and House of Representatives of th United
,tates of America in Congress anemed, That the Secretary of the
Le" W. Treasury be, and he is hereby, authorized and directed to pay to Lewis
'd12
11 e W. Broadwell, out of any money in the treasury not otherwise appropri-
corrying ated, the sum of twelve thousand nine hundred and thirty-eight dollars,
tb ail in it being in full compensation for transporting the United States mails, in
steamboats, from Vicksburg, Mississippi, to Grand Lake, Arkansas, from
the fourth day of September, eighteen hundred and fifty-four, to the
seventeenth day of April, eighteen hundred and fifty-seven, at the rate
of five thousand dollars per annum.
APPROVED, June 5, 1858.

June 5,1858. Cxra. XVIL-A Actfr the ReifQf Captain Stanton S w.


Be it enacted by the Smenate and House of Representativesof te United
States of America in Congress assembled, That the Secretary of War be,
Ca~ts.n Stan- and he is hereby, authorized and required to place Captain Stanton Sholes
henon at upon the list of invalid pensioners of the United States, who shall be
$20 a month, entitled to and receive a pension, at the rate of twenty dollars per month,
fo Jan. 1, 8 to commence on the first day of January, eighteen hundred and fifty-eight.
ArPROvED, June 6, 1858.

June 5,1ism.Ca". XCVITL-AM Adct r he ReW f /Bnjamidn L, Htos andf Isaac A. East-
ham, ofL&uun,atwucp.
Be it enacted by' the Senate and Rouse of Representatives of the United
States of America in Congress assembed, That the Secretary of the
$6,000 extra to Treasury be, and he hereby is, directed, out of any money in the treasury
bpaid Bna
min L. Mteen not otherwise appropriated, to pay to Benjamin L. MoAtee and I. N.
and L N. East- Eastham the sum of six thousand dollars in full for transporting extra
ham for sa"Ving mail ihatter over routes number three thousand nine hundred and sixty,
mal. and number four thousand one hundred and sixty-nine, between the first
day of July, eighteen hundred and forty-six, and the thirtieth day of June,
eighteen hundred and fifty.
APpRovzD, June 5, 1858.

June 6,1868. On. XCIX.-An Aftr the Bef of Job aford,of the State of New York
Be it enacted b the Senate and Houe of Reprentatives of the United
States of America ir Congress asembkd, That the Commissioner of Pen-
Job Stafford to sions be, and he is hereby, instructed to issue to Job Stafford, of the State
h"ebof"tyoad of New York, a bounty land warrant for one hundred and sixty acres of
em. land, thi same to be held, loeated, or assigned, as if it had issued in the
ordinary wty, on application under existing laws.
APrrovE, June 5, 1858.

June 5, 185& CHAP. C.-An Actfor to RdiefofBentjasin Wakfidd.


Be it enacted b the Senate and House of Bpresentatives of tae United
1859, ch. 100. StatesofAmericain Congress assemb&d, That the proper accounting officers
P84 P. 569. of the treasury be, and they are hereby, authorized and directed to pay to

HeinOnline -- 11 Stat. 540 1837-1868


THIRTY-FIFTH CONGRESS. Sues. L C. 101, 102, 108, 104, 105. 185. 541
Benjamin Wakefield, out of any money in the treasury not otherwise ap- B~aee to
propriated, the difference of pay between that of master's mate and boat- celve difference
swain, from the first day of January, eighteen hundred and forty-eight, between master's
to the nineteenth day of January, eighteen hundred and fifty. mate and boat-
swain's pay from
APPROVED, June 6,1858. Jan. 1, 1848, to
Jan. 19, 1850.

Ca".. CI.-An Atfe Bf &/efofSusanna Padm, Widow of Lld Rehanw. June 5,18N.
I enacted y the Senate and House of Representatives of the United
States of America in Congress aesem~ed, That the Secretary of War
be, and hereby is, authorized to pay to Susannah Redman, widow of $170 to be paid
Lloyd Redman, formerly of Captain Clay's company of Kentucky volun- manfor three
teers, one hundred and seventy dollars, ($170,) beipg the amount adjudged horses lost In the
as due to said Lloyd Redman for three horses lost by him while in the Mexican war.
service of the United States during the Mexican war, and that said sum
be paid out of any moneys in the United States treasury not otherwise
appropriated.
APPROVED, June 5, 1858.

Cu". CIL-An Atforthe Rdio of San. &tnwL June 5, 185.


Be it enacted by the &ate and House of Representatives of the United
Statis of America in Congress assembled, That the Secretary of War
be, and hereby is, directed to instruct the proper disbursing officer to pay
to Simeon Stedman, who served in Captain Christopher Ripley's company Simeon Sted-
of the thirty-seventh infantry during the war with Great Britain in eigh- man to be paid
for services in the
teen hundred and twelve, bush sum or sums as may have accrued to him war of 1812.
from the time of his last receiving payment for services till the end of
the war; and that said payment shall be made out of any moneys in the
treasury not otherwise appropriated.
APPROVED, June 5, 1868.
1
,CP. CIL-M Aftfr the BWeofJosq Webb. June , 185L.
Be it enacted by the Seate and House of Repuentaties of the United
tates of America in Congress assemb/ d, That the monthly pay heretofore
allowed by law to Joseph Webb, as an invalid pensioner, be, and the same Pension of Jo-
is hereby, increased to eight dollars per month; and that the Secretary .eph Webb to be
. icreased to $8 a
of the Interior be, and he is hereby, authorized and directed to pay said month from Jan.
Webb, at the rate aforesaid, from and after the first day of January, eigh- 1,182.
teen hundred and flfty-two.
APPROVED, June 5, 1858.

CxLi. CIV.-A Act tre Reiefof Oliver P. go. June 5, 1858.


Be it enacted by the &nate and House of Rreeentatiues of the United
States of Americain ongress assembled, That the Secretary of the Treas-
ury be, and he is hereby, directed to pay to Oliver P. Hovey, out of any $1,5 to be
moneys in the treasury not otherwise appropriated, fifteen hundred and ld Oliver P.
fifty-five dollars, compensation for printing the "Kearny Code" of laws g e
for New Mexico in eighteen hundred and forty-six. Code.
APPROVED, June 5, 1858.

OR". CV.-An d fr Me "of Gmp W. Bime. June 5, 1858


Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the proper accounting ofii-
cers of the treasury shall audit the claim of George W. Biscoe to indem- (ieojWBIs.
nification under the first article of the treaty of Ghent for the loss of the do to WIntdem-
VOL. XI. Pv.-71

HeinOnline -- 11 Stat. 541 1837-1868


542 THIRTY-FIFTH CONGRESS. Suss. L G. 106, 107,108,109. 1868.
nified under 1at schooner "Speedwell, captured in the Patuxent River by the British
article of treaty
of Ghent, for la naval forces on the twenty-second of August, eighteen hundred and four-
by capture of teen, and which was in the waters and within the territorial jurisdiction
aehooner Speed- of the Unitea States on the seventeenth day of February, eighteen hun-
well, in not over
$2,000. dred and fifteen, the day of the exchange of the ratifications of the said
Vol. vYiL p. 218. treaty of Ghent, and was carried away out of the said waters and terri-
torial jurisdiction of the United States, in violation of the said first article
of the said treaty; and that the said officers shall ascertain the value of
the said schooner "Speedwell," from such proof as may be exhibitW to
them, within six months from the date of this act, and that the amount so
ascertained shall be paid out of any money in the treasury not otherwise
Provim appropriated: Prov'ded always, That the said amount shall not exceed
the sum of two thousand dollars.
APPROVED, June 5, 1858.

June 6,18M Ojp. CVL-An Act for the Resf ofMiajo&Broos.


Be it enacted bj the Senate and House of Representative. of the United
States of America in Congress assembled That the Secretary of the Inte-
f .Micajah
liying, toBrooks
have ior is hereby directed to place the name of Micajah Brooks, of the State
pens i at $4a of Georgia, on the pension roll, at the rate of four dollars per month, or
month, from Jan. forty-eight dollars per annum, and that he be paid at that rate from the
1,18so it dead, first day of January, eighteen hundred and fifty; and that said amount
amott to be
pad his children. be paid to said Micajah Brooks, if living; otherwise, to his sur[vi]v-
ing children.
APPRovED, June 5, 1858.

June 6,1868. zA.P. CVIL-An Act for the Rwf of Elizab McBrier,ony swuvaiug CW and
Her of oonet Ahbald Log, deceased
Be it enacted k the Senate and House of Representatives of the United
States of America in Congress assembed; That the Secretary of the In-
Land scrip terior be, and he is hereby, authorized and required to issue land scrip in
amounting to to eighty
6,6562-3 acres acre certificates, receivable in payment for public lands at any of
tyar....
issue to Elizabeth the land-offices in the United States, in favor of Elizabeth McBrier, only
McBrier, in80 surviving child and heir of Colonel Archibald Loughry, deceased, or to
acre crecates. her order, for an amount equal to six thousand six hundred and sixty-six
acres and two thirds of an acre of land which may be located on land
subject to private entry, at one dollar and twenty-five cents per acre or
less.
ArPROvisD, June 5, 1845&

June ,185s. Cxaf. CVYL-As Ad for e Reiqf of Rchard B. Alxander.


Be it enacted by the Senate and Hfouse of Representatives of the United
.tates of America in Congress assembled That the proper accounting
Richard B. Al- officers of the treasury pay, out of any moneys in the treasury not
exander to be otherwise appropriated, to Richard B. Alexander, late a major in the first
ao and mule Tennessee regiment, Mexican war, the sum of two hundred and fifty dol-
lost inMexican lars in full of the value of one horse and one mule lost by him during the
war. said war.
APPRovED, June 5, 1858.
JualZ'
G u. 'qL-Aae~ amrd/f~~b -.om formedy an aetb# Purser
ina8sLitadcSNavy.
Be it enacted by the Srnate and House ofRepresenatives of the United
Sates of America in Congren assembIed, That the proper accounting
Robert W. officers of the treasury be, and they are hereby, authorized and directed
Cushmaa to re- to pay, out of any money in the treasury not otherwise appropriated, to

HeinOnline -- 11 Stat. 542 1837-1868


THIUTY-FIFTH CONGRESS. Sass. L C. 110, 111, 112,113. 1858. 543

Robert W. Cushman, acting purser of the "Germantown," the flag ship celve difference
between purser's
of the African squadron, the difference of pay between that of a purser pay and that of
and a captain's clerk for such time as he so acted as purser. captain's clerk
APPROVED, June 5, 1858. for certain p.-
riod.

CuAr. CX-An Actfor the Relief of the Heirs of Wiliiam Turvin, deceased. June 7, 185s.
Be it enacted by the Smate and House of Representatives of the United
States of America in Congress assembled, That the heirs of William William Tur-
Turvin, deceased, be, and they are hereby, authorized to locate, free of '.nt, hers may
locate WO0ar-
cost, nine hundred and sixty arpents of land, or as near thereto as the pent of land.
same can be done not exceeding that quantity, according to the legal sub-
divisions, on any of the public lands of the United States subject to entry
at private sale at one dollar and twenty-five cents per acre; which lands,
when so located, shall be in full for the claim of their said father, William
Turvin, to a tract of land lying on the east side of the Mobile River and
west of the Bayou Pascual, under a grant from the Spanish government,
and which was recommetided for confirmation on the repprt of the register
and receiver of the land-office for the district of St. Stephens.
SEC. 2. And be it further enacted, That the Commissioner of the Gen- when patent is
eral Land-Office, upon the receipt of the certificate of entiy from the to isvue.
proper land-office, be, and he is hereby, authorized to issue a patent for
the land so located.
APPROVED, June 7, 1858.

CnAp. CXI.-An Actfor te Reitf of Wilm HiDne, Arta ti oapan Rapedid. June 7, 1858.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assemWd, That there be paid, out of any
money in the treasury not otherwise appropriated, to William Heine, artist William Heine
of the late Japan expedition under Commodore Perry, compensation Irate at to beofpaid at the
$1,800
the rate of eighteen hundred dollars per annum during the time he was per annum.
actually employed in such service: Provided, The amount already paid Proviso.
him as master's mate on said expedition be deducted therefrom.
APProvzD, June 7, 1858.

Ca". CXIL-As Act for te Rdlef of Alonw and Bidge G. Cor. June 7,1858.
Be it enacted by the enate and House of Representatives of tMe lNited
States of America in Congress auembed, That the sum of twenty-five $2,602.11 to be
hundred and two dollars and eleven cents be, and the same is hereby, idg eonG.o and
appropriated, out of any moneys in the treasury of the United States net by, b igbaanc-e
otherwise appropriated, to and for Alonzo Colby and Elbridge G. Colby, of due them on
the town of Buck[s]port, in the State of Maine, the sum being the balance contnact.
due them on their contract with the United States, dated July twenty-
four, eighteen hundred and fifty-five, for constructing a breakwater at
Owl's Read harbor, Penobadot River, Maine.
APPRovED, June 7, 1858.

Cu". OXI-A* Ac for to Rif ShoaWem , ofANV York June 7, 18s.


Be it enacted by the enate and H'ouse of Representatives of the United
States of America in Congress assembled, That the Secretary of the In-
terior be ond he is hereby, authorized and directed to place the name of Shove Chase
Shove Chase, of New York, upon the invalid pension list, at the rate of to have apenston
eight dollars per month, commencing on the first day of January, eighteen from Jan. 1,1868,
hundred and fifty-six, to continue during his natural life. for life.
APPrOVED, June 7, 1858.

HeinOnline -- 11 Stat. 543 1837-1868


544 THIRTY-FIFTH CONGRESS. Sues. L Cm 114, 115, 116, 117, 118. 185$.
June 7,1858. Cxnp. CXIV.-An Act granting an invalid Pnson to Brevet Major John Jones, of
Tennessee
Be it enactedby the Senate and House of Representatives of the United
States of America in Congress assembled, That the Secretary of the in-
Brevet Major terior be, and he is .hereby, directed to place the name of Brevet Major
John pensiontoof John Jones, of Tennessee, on the invalid pension roll, and pay him a pen-
have Jones
$40 a month for sion at the rate of forty dollars per mgnth, from and after the date of his
life. application, and to continue during his natural life.
APPRovzD, June 7, 1858.

Juno T,188
ISM Ca. CXV-An Act for tMe1?44 of the WeaRqoninatives of Tea B9"s~ Devi.
drins.
Be it enacted by the Senate and House of Representatives of the United
Sta of America in Congress assembled, That the legal representatives
Representatives
of Jeani Babtiste of Jean Babtiste Devidrine, late of Louisiana, be, and they are hereby,
Devidrine, con- confirmed in their claim to that tract or parcel of land known on the pub-
fimed in claim c surveys of the southwestern land district of that State as lot number
toiand inL forty-ive (45),
ina and patent fryv 4) inntwsi
township number
ubrfu four (4)
4 sout, range number three
otrnenme he
to issue. (3) east, and lot number seventy-three (73), in township number four (4)
south, range number four (4) east, containing about four hundred arpents,
or three hundred and fifty acres of land, and that a patent shall issue
Proviso. therefor as in other cases: Provided, That this act shall only be construed
as a relinquishment of whatever title may be now vested in the United
States, and shall in nowise interfere with' any valid adverse claim of other
or third parties, should such there be.
APPRovED, June 7, 1858

June T,155. Cusp. CXVL-An Act for the RdlWllf of David Me'0e, Adminiw tor of Joseph kic.
Be it enacted by the Senate and Bowe of Representativesof th United
Sates of America in Congress assemb ed, That the Secretary of the
$107.64 to be Treasury be, and he is Itereby, authorized and directed to pay to David
lre, aminis- McClure, administrator of Joseph McClure, deceased, the sum of one
trator of Joseph hundred and seven dollars and sixty-four cents, out of any money in the
McClure. treasury not otherwise appropriated; it being the amount of interest col-
lectgd from the said Joseph McClure, in his lifetime, on a judgment, in
favor of the United States government, which it was afterwards ascer-
tained the said McClure did not properly owe, and the amount of which
judgment has been previously refunded to him by Congress.
APPROVED, June 7, 1858.

June 7, 1858. Ca". 0XV.-An Ad for the Bli of James Rwaph.


Be it enacted by the Seate and Hoe of Representativesof the United
State#s of Anerica in Congress assembled, That the Secretary of the
$760 to be paid Treasury be, and he is hereby, directed to pay to James Rumph, out of any
James
for Rumpih
medical aid money in the treasury not otherwise appropriated, the sum of seven hun-
to United States dred and sixty dollars, it being in full compensation for medical aid ren-
soldiers in 887. dered to soldiers in the service of the United States in the year eighteen
hundred and thirty-seven.
APPtOVBD, June 7, 1858.

June 7, 1858. Co"P. CXVUL-An Act for the -RBef of Jon Dearmnit.
Be it enacted by the Senate and House of Representatives of the United
State* of America in Congress assembled, That the Postmaster-General
$296 torbead be, and he hereby is, authorized and required, out of any money in [the]
John Dearm t
nder his con- treasury not otherwise appropriated, to pay to John Dearmit the sum of

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THIRTY-FIFTH CONGRESS. Szes. L Cm. 119, 120, 121, 128. 1858. 545

two hundred and ninety-five dollars, in addition to the amount already tract iforOaYrrg
paid him by thie government under his contractfor carrying the mail upon
route number one thousand six hundred and one, from July first, eighteen
hundred and forty-four, for four years.
APPROVED, June 7, 1858.

CnA,. CXIX-daAnAc for th Reiff of the lgal Rq resentatu of J.a McDonough, June , ism.
deceased, late of Lovdisa.
Be it enacted by the Senate and Home of Representatives of the United
&ates of America in Congress assembd That the claim numbered thirty-
nine (89) in the report of the register and receiver of the land-office at Reresentatives
New Orleans, Louisiana, made on the twenty-second day of November, of
oughhn M Don-
confirmed
eighteen hundred and thirty-seven, in the name of John McDonough, to in claim to land
a tract of about one hun-hundred and seventy-seven superficial arpents of in Louliana, and
land, be, and the same is hereby, confirmed; and that a patent shall issue, patent to issue.
as in ordinary cases, to the legal representatives of the said McDonough:
Provided, That this confirmation shall only be construed.as a relinquish- Proviso.
ment of all right and title of the United States, and shall not prejudice
the legal claim of any other party, should such exist.
APPROVED, June 7, 1858.

Ca a. CXX.-An Adfr the ld of wkey ad Rogen. June 7, IN.


Be it enacted 4 the Senate and House of Representatives of the United
tates of America in Congress assembled, That the Postmaster-General
be, and he is hereby, authorized and instructed to pay, out of any moneys n-er
am to be paied
in the treasury not otherwise appropriated, to Stuckey and Rogers. mail Stuckey and
contractors on route number six thousand and seventy-eight, (6078,) from Rogers'for carry-
Winsboro' to Pinckneyville, in the State of South Carolina, at the rate ig the mail
of three hundred and thirty-three dollars per annum, for the transportation
of the mails on said route; deducting therefrom whatever payments may
have been made, at the rate of one hundred and thirty-eight dollars per
annum, by the Post-Office Department.
Ar.Paovz, June 7, 1858.

Oup. CXXL-An Act for the Relief of Li atmat Loomis L. L agdom June 7,1858.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assemnbed That the Secretary of the
Treasury be, and he is hereby, directed to credit the account of Second Lient. Loomis
Lieutenant Loomis L. Langdon, first artillery, United States te L. Landon
army, with credite with
tobe
eleven hundred and seventy-six dollars and sixty-six cents; it being the $,16.6s money
amount stolen from his possession, at Fort Brown, on the night of the stolen from him.
twenty-third of October, eighteen hundred and fifty-seven.
ApeiaovzD, June 7, 1858.

Cxitr. CXXfIL-An Actbr de Relief of PeterParker. June 8, 1858.


Be it enacted by the Senate and House of Represdentaives of the United
States of America in Congressasembled, That the Secretary of the Treas-
ury -be, and he hereby is, directed, out of any moneys in the treasury not .2,608.19 to be
otherwise appropriated, to pay to Peter Parker the sum of two thousand paid Peter
er for Par-
services
six hundred and thrie dollars and nineteen cents, the same being in full as eharf d'af-
for his services as ehargd d'affaires ad interim at Canton, in China at faires at Canton,
various periods between the dates of May twenty-six, anno Domini eigh- in Chins.
teen hundred and fifty-two, and the fourth day of May, eighteen hundred
and fifty-five.
APPROVED, June 8. 1858.

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546 THIRTY-FIFTH CONGRESS. SEss. L Ca 124, 125, 126, 127, 128. 1858.
June 8,1858. OH". CXKIV.-An Act for the Relief of DavidBruce.
Be it enacted by the Senate and House of Representativesof the United
David Bruce to States of America in Congress assembled, That the Commissioner of Pat-
have his patent ents be, and he is hereby, empowered to extend the patent of David
for casting type Bruce, dated the sixth of November, eighteen hundred and forty-three,
extended or sev- for a new and improved mode of casting type, for seven years from the
en years. date of its expiration, subject to the rules and regulations now in force
Provi, for granting extensions, provided it shall appear, on examination, that the
failure to extend his patent occurred through an official mistake.
APPROVED, June 8, 1858.

June 8,1858. CHAP. CXV.-An Act for th Relief of " legal "etatives of Daniel Hay, de-
ceased.
Be it enacted 4 the &mate and House of Representatiesof the United
States of America in Congress assembled, That the proper accounting offi-
Money
paid to be cer of the treasury be, and he is hereby, authorized and directed to pay
represents,
tires of Daniel to the legal representatives of Daniel Hay, deceased, a sum equal to two
Hay. per centum on all moneys disbursed by him as agent for paying pensions,
from and after the twentieth day of April, eighteen hundred and thirty-
six, with interest on the same, from the thirtieth April, eighteen hundred
and fifty-six.
APPaOVED, June 8, 1858.

June 8,1858. C . CXVI.-An Act for the Relfof .uditk omt.


Be it enacted by the enate and House of Representatives of the United
States of America in 0ongress assembled, That the Secretary of the
Judith Nott to Interior be, and he is hereby, directed to place the name of Judith Nott
have pension of
$9 a month, from upon the pension roll of the United States, at the rate of nine dollars per
Jan. 1, 1855, dur- month.
lug widowhood. SEo. 2. And be it further enacted, That the aforesaid pension com-
mence and be computed from the first day of January, eighteen hundred
and fifty-five, and to continue during her widowhood.
ApraovzD, June 8, 1858.

June 8,18 . Cxir CXXVI-An Act for the RdiefofDr. Thom" Ande.
Be it enacted by the Smate and House of Representatives of the United
States of America in Congrass assembled, That the Secretary of the
Dr. Thomas Treasury be, and he is hereby, directed to pay to Dr. Thomas Antisell,
Antisell to be
paid $274.85 for out of any moneys in the treasury not otherwise appropriated, the sum of
services as acting two hundred and seventy-four dollars and sixty-five cents, in full of the
assi, nt-surgeon account of said Antisell, for services rendered as acting assistant-surgeon
in 186 . to the command, (company G, 3d Artillery,) escorting Lieutenant Parke's
party of survey, from California to New Mexico, in the year eighteen
hundred and fifty-five.
APPROvD, June 8, 1858.

June 8,185. Ca". CXXVII.-An Act for the ReliefofDr. Fdimd 0. Mer.
Be it enacted 4 the Senate and House of Representativesof the United
States of America in Congress assembled, That the proper accounting ofil-
Dr. Ferdinand cers of the treasury be, and they are hereby, authorized and required to
0. Miller to have audit and settle the account of Doctor Ferdinand 0. Miller, and allow
pny of assistant
surgeon in the him the pay of an assistant-surgeon in the army from the sixth day of
army, from July July, eighteen hundred and forty-Rix, to the twenty-eighth day of Febru-
2b,1 t1.. ary, eighteen hundred and forty-seven,.both days inclusive, in full for his
services as surgeon and assistant-surgeon during the late war with Mex-

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THIRTY-FIFTH CONGRESS. Szss. L Cm 129,180,181,182, 184. 1858. 547

ico, deducting therefrom the amount paid the said Doctor Mller as a pri-
*ate soldier during the same specified time.
APPROVED, June 8, 1858.

Cxi. CXXJX.-An Act for tile Rei of Thmas Hastm and B. S. Brewster. June 8,185s.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembld, That the Secretary of the Treas-
ury be, and he is hereby, authorized and required to audit and settle the Aecounts of
Toas Hammr
accounts of Thomas Hasojn and B. S. Brewster, for services as inspectors and B. S. Brew-
of hulls and boilers, at New Orleans, in the State of Louisiana, and to ster to be ettled
allow them their regular compensation from the date of their appointment and their regular
as if they had'been sworn and properly qualified. ay altowed:
APPROVED, June 8, 1858.

CHAP. CXIL-Ax Act for the Reiefofthe Heirs of cara wr vi. June 8,1868.
Be it enacted by te Senate and House of Representatives of the United
States of merica in Cobhgress asemb/e That the Secretary of the Treas-
ury be, and he is hereby, authorized and required to pay to the heirs of $800tobe paid
Richard Farren, alias Richard Tarvin, who was a friendly Creek Indian theardheirs of Rich-
Farren alias
in the war of eighteen hundred and thirteen and fourteen, the sum of SiX Tarvin, for losses
hundred dollars, for losses sustained by said Richard Farren, or Richard in the war of
Tarvin, during said war, the said sum to be paid out of any money in the 1813-14.
treasury not otherwise appropriated.
APPROVED, June 8, 1858.

Citi. CXSL-A Act for tMe Reliefofrdol B. Roper. June 8, 185.


Be it enacted by the Senate and Howe of Representatives of the United
Slates of America in Congress assembled, That the Postmaster-General $800 tobe palt
be, and he is hereby, authorized and required to pay to John B. Roper,I John B. Roper
for services on
in addition to the sum already paid him, the sum of three hundred dollars mail-route.
for services performed on mail-route number thirteen thousand three hun-
dred and thirty-six.
APPRovFD, June 8, 1858.

CwrA. CXXXIL-An Adt for the Rliefof Cbrislivs H. Latha.. June 8,1858.
Be it enacted by the Smnate and House of Represwntatives of the United
States of America in Congress assembld, That the Secretary of the In- Pension of Cor-
terior be, and he is hereby, authorized and directed to allow and pay Cor- inncrlat$8 a
nelius H. Latham, of the State of New York, an invalid pensioner, the month for life,
sum of eight dollars per month during his natural life, in lieu of the pen- fto Feb. 25,
sion now allowed him by law, to commence on the twenty-fifth day of 18"6.
February, eighteen hundred and fifty-siX.
APPROVED, June 8, 1858.

CRAp. CXXXIV.-A Act for th- Re of Wy-a Gri. June 9, 18s.


Be it enacted by the Senate and House of Representatives of the United
tates of America in Congress assembld, That the Secretary of the In- Wyatt Griflith
terior be, and he is hereby,
r • authorized . and . directed. to place the name of t t have a pension
$8 a month,
Wyatt Griffith, of Tennessee, on the invalid pension roll, at the rate of from June 20,
eight dollars per month, from the twentieth day of June, anno Domini 1854.
eighteen hundred and fifty-four, and pay him at that rate during the term
of his natural life.
ApPROVED, June 9, 1858.

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548 THIRTY-FIFTH CONGRESS. Szsa.L Cn.185,186,187,188,189,140. 1858.
June 9,1868. X. CXXXV.-An Adct to increasete Pensionof Hnry E. Pead;aOeNofKentu,
and for otAer Puro.
Be it eacted by the Seate and House of Representatives of de nited
Henry E.Read's &ates of America in Congres assembled, That the half pension heretofore
ension
haerasdto $18 a allowed to Henry E. Read, of the State of Kentucky, a non-commissioned
mouth, officer in the Mexican war, be, and the same is hereby, raised to thirteen
dollars a month.
To take effeet Sc. 2. And be it further enacted l the authority aforesaid That the
1548. M h 8, benefits
from accruing to the said Henry E. Read,-under and by virtue of this
act, shall commence March third, eighteen hundred and forty-eight,
and
continue for and during his natural life.
APPROVzD, June 9, 1858.

June ,18N. CEAr. CXXXVL-An Ac for &eRdief of A'lcad A. Daeapot, of Ilinois.


Be it enacted by the Senate and House of Representatives of the United
Michael A. Pa- &ates of America in Congress assembled That the Secretary of the In-
venport to have teror be, and he ishereby, authorized and directed to place the name of
pension at $8 ai5 .,aduviutpleth meo
mont, from Michael A. Davenport, of Illinois, on the invalid, pension roll, at the rate
Mach 6,1568. of eight dollars per month, and pay him a pension, at said rate, from the
fifth day of March, anno Domini eighteen hundred and fifty-eight, during
his natural life.
A.PPBovzv, June 9, 1858.

June 9,1186& CHOur. CXXXVIL-An Acd 9rantin an invalid Pension to Aitudr & Beank of
Pinilvania.
Be it enacted by th Senate and House of Representatives of the United
Alexander S. &ates of America in Congress assemb ed That the Secretary of the In-
Bean to have terior be authorized and directed to place the name of Alexander S. Bean,
pension at $8 a
month, from mav of the State of Pennsylvania, on the invalid pension roll, at the rate of
29, 1856. eight dollars per month, and pay him at that rate from the.twenty-ninth
day of May, eighteen hundred and fifty-six, during his natural life.
AppioVED, June 9, 1858.

June 9, 1858. ACHs. CIXIVU.-As Acd fo te Rdiefof ephe Fdow


Be it enacted by the Senae and Howe of Representatives of the United
Stephen Fel- Seates of America in Congress assembled, That the Secretary of the In-
lows to have
pension at a terior be, and he is hereby, authorized and directed to place the name of
month, from Jan. Stephen Fellows on the invalid pension ist, at the rate of four dollars per
20, 1868. month, from the twentieth day of January, eighteen hundred and fifty-
eight, and continue during life.
APPRovzD, June 9, 1858.

June 9,185& Be itCrA. CXXXIX.-An Actfr t R fof Ejak Close, of Tmesea


enacted by th Senate and House of R eesentatives of the United
Elijah lme to Sa of America in Cbngress assembled, That the Secretary of the In-
h8ae on trom terior be, and he is hereby, authorized and required to place the name of
Dec. 8,185". Elijah Close, of Washington county, Tennessee, on the list of invalid pen-
sioners, at the rate of eight dollars per month, to commence on the third
day of December, eighteen hundred and fiv-five, and to continue during
his natural life.
APPitovED, June 9, 1858.

June 9,1868. Cup.C -An Act granting an invabd Pension to Conrad Sdoeder.
Be it enacted by the Senate and House of Representatives of the (Aited
Conrad Scnroe- &ats of America in Congress assembled That the Secretary of the In-
der to have pen- .
w.,u at $18.8a a ten or be authorized and directed to place the name of Conrad Schroeder,

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THIRTY-FIFTH CONGRESS. Sss. L C. 141,142,148,144. 1858. 549
who was a captain in the "Louisville Legion" during the war with monthfrom Jan.
Mexico, on the invalid pension roll, and pay him a pension at the rate of 2%1858.
thirteen dollars and thirty-three cents per month, commencing on the
twenty-second day of January, anno Domini eighteen hundred and fifty-
eight, and continuing during life.
AI?:ROV D, June 9, 1858.

C03. CXLL-As At graningan imvad Paen to. Jane Pgate of Mlsotwi. June 9,185&
Be it enacted j ts Senate and Howe of Represetativesof the United
States of America in Congress asembed, That the Secretary of the In- James Fugte's
terior be, and he is hereby, instructed to placq the name of James Fugate, r.amonth, from
of the State of Missouri, upon the roll of invalid pensioners, and pay him March 4, is.
a pension at the rate of eight dollars per month, instead of four dollars per
month, the amount he now receives; said pension to ommence on the
fourth day of March, eighteen hundred and fifty-eight, and to continue
during his natural life.
APPROvzD, June 9, 1868.

On. CXLtL-An At for t Ra of M Hri 0. Reid, Exemzix of de late June 9,1i,.


goited Fates Army.
Brevet Coloe A. (7. W. Faaingof the
Be it enacted by the Senate and Hos of Representatives of the United
States of America in Cogress assemble, That • the Secretary of the pald.
$10Ci.
to be
Reid,
• •
Treasury be, and he is hereby, authorized and directed to pay to Mrs. executrix of 1
Harriet 0. Reid, executrix of the late Brevet Colonel A. C. W. Fanning, Fuming, due hi.
statel oroneore-
of the United States army, out of any money in the treasury not otherwise missions dis-
appropriated, the sum of one thousand two hundied and fifty dollars, being burements in
the amount claimed to be due the estate of the said Brevet Colonel Fan- 1827 and I2.
ning, as commissions of two and a half per cent. upon the sum of fifty
thousand dollars disbursed by him in eighteen hundred and twenty-seven
and eighteen hundred and twenty-eight, at the United States arsenal, in
Augusta, Georgia.
APPROVED, June 9, 1858.

Cn. .- An Act for the fof Gardnerand Vent, and others. June 9,18.
Be it enacted y the Senate and House of Representatives of the United
States of America in Congress assembed,
.... That the Secretary of the of The accounts
Gardner and
Treasury be, and he is hereby, directed, upon the production of satisfactory Vincnt, and
evidence, to audit and settle the several accounts of Gardner and Vincent, -dothers,
t t be an-
A. S. Gardner, A. F. Holmes, G. B. Murphy, C. C. Carlton, N. E. Crit- t d an pud
tenden, 0. A. Brooks and Company, and W. Bingham and Company, for
goods, et cetie]rn, furnished the United States marine hospital at Cleveland,
Ohio, during the superintendency of John Coon, and to pay the amounts
found to be due, out of any money in the .treasury not otherwise appro-
priated.
APp novmxi, June 9, 1858.

CO". CXLIV.-An Ad for aste e Bard and Cosspany, .. C6aWKed n


!fmjep Jn ,88
.Toeep 2 anda2-4 9, 1nM
Be it enacted by Smenate and Howe of Representatives of the United
States of America in Congress assembed, "nth of the United
" " That the attorney entered of to
" be Satisfaction
States for the eastern district of Louisiana be, and he is hereby, authorized judgmnt In &-
to enter satisfaction of the judgment rendered by the district court of vor of the United
againstGo.
States Raid&
the United States for the. eastern district of Louisiana, on or about the Keep,
twenty-first day of January, A. D. eighteen hundred and fifty-eight, in and others.
favor of the United States against Keep, Bard and Company, principals,
composed of E. S. Keep, J. 8. Bard, and J. Caulfield, and Joseph Landis
VOL. XL Piv.-72

HeinOnline -- 11 Stat. 549 1837-1868


550 THIRTY-FIFTH CONGRESS. Szss. L C. 149, 150,151, 152,157. 1858.
and Company, sureties, composed of L. H. Place and Paul E. Mortimer,
jointly and severally in solido.
APPROVED, June 9, 1858.

June 11, ISSB. CH"P. CILIL-An Act for tis Belif ofhr Sawyer, a Solier of the War of the
Be it enacted by the Senate and House of Representatives of td United
John Sawyer to Sates of America in Congress.assembled, That the Secretary of the Inte-
have apension at rior be, and he is hereby, directed to enter the name of John Sawyer, of
$24 a year fnrom
M ch , 161. Garland, in the county of Penobscot, in the State of Maine, on the roll of
revolutionary pensioners, and pay him a pension, at the rate of twenty-four
dollars a yea-, during his natural life, commencing on the fourth day of
March, in the year one thousand eight hundred and thirty-one.
APPRoVED, June 11, 1858.

June 11, 18. Cz". C -An Aot for the dief of William S. Bradford.
Be it enacted by the Senate and House of Representativesof the United
Win. S. Brad- Satate of America in Congress asemb ed, That, from and after the passage
ford's pension to of this act, the pension now paid to William S. Bradford be increased from
$2b aeonthfom the present amount received by him to twenty-five dollars per mouth.
this date. APPROVED, June 11. 1858.

June 11, 1858. C . CLL-An Act for te lf ofAlbert G. Al.


Be it enacted by the Senate and House of Representatives of the United
Albert G.Allen &ates of.nrica in Congress assembed, That in the settlement of the
to be allowed in accounts of Albert G. Allen, late navy agent at Washington, District of
settlement 1-4
earcent. on di- Columbia, one and one-fourth per centum be allowed him upon the dis-
bursements of bursements of extra pay made by him under the acts of August thirty-first,
c eighteen hundred and fifty-two, and March third, eighteen hundred and
1858,ch. 102. fifty-three, to the officers, seamen, and marines who had served on the
Vol. x. pp. 100, Pacific coasts of.Mexico and California, deducting therefrom such amount
220. as may be due from him to the United States.
APPROvED, June 11, 1858.

June 11,1858. CAP. CLIL-An Act for ts Reief of Jemet H. Me Cal, Pl Chid of Captain
James Mc Call, of do Revitionary War.
Be it enacted by the Snate and House of Representativesof the United
$2,100 to be States of America in Congress assembled, That the Secretary of the
paid Jnnett H. Treasury be, and he is hereby, directed to pay to Jennett H. McCall, only
MoCan. child of Captain James McCall, of General Pickens' brigade, in the South
Carolina regiment, during the war of the Revolution, the seven years' half-
pay of a captain, as allowed by the resolution of Congress passed August
twenty-fourth, one thousand seven hundred and eighty, amounting to two
thousand one hundred dollars; the said sum to be paid out of any money
in the treasury not otherwise appropriated.
APPROVED, June 11, 1858.

June 12, 1858. Cw. CLV.-An Act gratin a Pension to Beriah Wright, ofA' w York.
Be it enacted by the Senate and House of Representatives of the United
Beriah Wright States of America in Congress assembled, That the Secretary of the Inte-
to have a pension rior be, and he is hereby, directed to place the name of Beriah Wright,
of $4 a month,
from Feb. 16, of New York, upon the roll of invalid pensioners of the United States, and
1868. pay to him a pension at the rate of four dollars per month, from the six-
teenth day of February, one thousand eight hundred and fifty-eight, during
his natural life.
APPROVED, June 12, 1858.

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THIRTY-FIFTH CONGRESS. Siss. L C. 158,159,168-171. 1858. 551
Ca". CLvYI.-At , the
doR RefNag Mgl, of Old.. June A 185.
Be it enacted AV, he*Senate and House of Representatives of the United
&dtates of America in Congress assembled, That the Secretary of the In-
terior is hereby directed to place the name of Nancy Magill, widow of xancy Magi
James MaiU of the State of Ohio, on the pension roll, at the rate of to have aPeion
eight dollars per month, for five years, commencing on the fourth day of 'formf tyear
March, eighteen hundred and fifty-eight, a rc 4th,
185L
APPROvw, June 12, 1858.

CmAP. CLIX-An Afor tde Rdif of Gwrykna . Lows June 1, 1858.


Be it enacted by the Seate and Hou e of .rsentatives of the Unted 1865, eL.111, §IL
&ates of America in Cngres assembled,That the twelfth section of the A.nte, p. 248.
act entitled "An act making appropriation[s] for the naval service for 5The five yearw'
the year ending the thirtieth of June, eighteen hundred and fifty-eight," yof -rnstrong
approved March third, eighteen hundred and fifty-seven, be so construed, 0argisato
that the five years' pay provided for in said section, which would have Lewvis.
been paid to her deceased husband, Armstrong Irvine. Lewis, in case he 1857, oh. Il
had been living at the time of the passage of said act, be paid to Gceor-
giana M. Lewis, his widow.
AlPRovzD, June 12, 1858.

CmAP. CLXYIL-As Act 9t an intal Pe do to .T"b Hoamd, of Arkansa. June 14,1868.


Be it enacted by the Senate and House of Representatives of the United
States of America in Congress amsembld, That the Secretary of the Inte
rior be, and he is hereby, authorized and directed to place the name of John Holland
John Holland, of Arkansas, on the invalid pension roll at the rate of to at have
68 a apenson
month,
eight dollars per month, and to pay him. at that rate from the fourteenth from Dee. 14,
day of December, eighteen hundred and fy-seven, during his natural 157.
life.
APPROVED, June 14, 1858.

O ". CLXI-An Act granting an invalid Pmion to William Randolph. June 14, 1858.
Be it enacted by the Smenate and House of Representativesof the United
States of America in Congress assembled; That the Secretary of the Inte-
rior be, and he is hereby, authorized and directed to place the name of William Ran-
William Randolph on the invalid pension roll, at the rate of four dollars pension
donph to at
have
64 a
per month, and pay him at that rate from the twelfth day of May, one month, fromMay
thousand eight hundred and fifty-eight, during his natural life. , 1828.
Appp'VED, June 14, 1858.

Csw. CLXX.-An Act grnting an invaid Penion to Wiliam Howell, of Tennesse. June 14, 1868.
Be it enacted by the Senate and House of Representativesof the United
States of America in Congress assembled, That the Secretary of the Inte-
rior be, and he is hereby, authorized and directed to place the name of Wiliam How.
William Howell, of the State of Tennessee, on the invalid pension, rell, ell to have pen-
th Vsion
and that he be paid a pension at the rate of eight dollars per month, COM- month a Feb.
at $from
mencing on the twenty-third of February, eighteen hundred and fifty. 28,185s8.
eight, and continuing during his life.
APPRovED, June 14, 1858.

COw. CLXMM-An Act grantbV a Pension to famy A. A. Jones. June 14, i85
Be it enacted by the Senate and House of Representatives of as Uinited
States of America in Congress assembled, That the Secretary of the Inte-
rior be directed to place the name of Mary A. M. Jones, widow of Brevet Mary A. It.
Major General Roger Jones, deceased, late adjutant-general of the army, Jones to have

HeinOnline -- 11 Stat. 551 1837-1868


552 * TMRTY-1IFTH CONGRESS. 8u. 1 -. 171 2/' 1esar
g pension at the upon the roll of pensioners, and pay her a pension at the rate of one half
mo.hl...fth of the pay, monthly, to which her late husband was entitled" at the time of
pay of her late his death; such pension to commence on the fifteenth day of July, in the
ulyb year eighteen hundred and Mfly-two, and continue during her natural life
or widowhood.
APpuOVzD, June 14, 1858.

June 14,1858. CE"p. OvLXI.-An Ad for the BsiWf of SMerlok and Siq.
e it enacted bhe &nate and House of Reprosentagwes of tle United
&ates of America in CoWess assuem That the Postmaster-General be,
The?. IL G.n- and he] is hereby, authorized to examine the cases of fines charged against
te cae n. Sherlock and Shirley under their contract for carrying the mails on route
charged a t number five thousand one hundred and three, from Louisville, Kentucky,
SherlkV d to St. Louis, Missouri, and to remit so much of such fines as, in his judg-
remit 'ha ought ment, ought not to be enforced against the said contractors: Pr 'ded
not to besnforc- That no ease of any fine or deduction heretofore considered and decided
ed. Provis by any.former Postmaster-General, upon the application of the contrao.
tors, shall be reviewed under the provisions of this act, and the Postmas-
ter-General shall be authorized to cause any persons to be cross-examined
whose testimony may be offered for the purposes of such examination by
him as aforesaid.
AproviB, June 14 1858.

HeinOnline -- 11 Stat. 552 1837-1868


THIRTY-FIFTH1 CONGRESS. Sms., Rus.. I l4 ,-;01%1 '18W'

RESOLUTIONS.

[Nd-.l] ABm .Wmu isno ,ed ofJmusw .. .f. June,1551


Reso1V~d -6 tho-Senate -asud Home of Reprewdnati*w of the .&Wted 7
&atte of America in Omgren asseme That the accounting offleers 6?
the treasury be, and they are hereby, directed, in adjusting -the accont 026.8 ta.U
of John Grayson, pension agent- at,Pittsburg, Pennsylvann, to place to reaMtdohn -
the credit of the said John GrAyson, the amount of five hundred and eme=t ofs"
-twenty-six dollars -and thirteen oenta paid by him to George De Camp, out.
one of the surviving ehildren and heirs of Susannah Stokely, deeaed,
widow of Nehemiah Stokely, a captain in the revoluvtinary war; the
same having beenpaid in conformity with the directions of the Se
-of the Interior, dA conveyed upon the face of a certificate of pension
issued by the Commissioner of Pensions to said George De Camp.
-APPROVED, JuIe 1, 1858

[No. 18.] A Resoon jbr tie Eenet ef do wi&dw of Cnand w ian s Jurie, 185 .

Resoled by te Senate and Howe of Reprewt at e of the United


,ate of America in Congrss asembsd, That Congress entertain a high
sense of the devotion to duty, the coolness, courage, and conduct of Corn- Aatu slto
mander William Lewis Herndon, United States navy, in command of the a eWan-ale
steamer Central America, at sea durinig the prevalence of a hurricane on sea-ervice, Pawy
the twelfth of September, eighteen hundred and fMfy-seven; and that the bt0'fo1r
widow of the said William Lewis Hemdon be entitled to receive, out of mender William
any money in the treasury not otherwise appropriated a sum equal to Lewis enmdoa.
three years' full sea-service pay of a commander in the navy.
.APRrOVED, June 8, 1858.

[go. 19.1 A Raqoki dedvb 4 4 theSewweqf Wear th6 Rzasta of doe Act June 8, 1858.
of (7cagress eaddted I'An Ad
ct to an Adt tiwain usmeonsd," appwassd De- zs~c~ s
omber taueatow. eightee hdred qndj4ftjw
Resolved by te seate and Houe of Represeatiu of te Asid
States of America in Congus asemed6 That the duties imposed, or re-
quired to be performed, by the act of Congress entitled "An act supple- Be Of
mental to an act therein mentioned," approved December twenty-two, re
eighteen hundred and fifty-four, including the act to which it is supple- sentativee of
mental, be, and the same are hereby, tranferred to the Secretary of War, 'Ile Fisher.
who shall proceed de novo to execute the same in their plain and obvious Vol. x. . 558
meaning: Providd, nevertheZless, That from any amount which may be 1848, oh. 80.
found just and equitably due to the legal representatives of George Fisher, VoLP
deceased, there shall be deducted all aums which may have been hereto-
fore allowed and paid by the United States.
APPROVED; June 8, 1858.

[No. 21.1 JW BR(WufJ5r.,.qf s Gm June ,185s.


Reeolved by the Seate and House of t of th United
&ates of America in Congrese assembed, Tha the proper disbursing
officer be, and he is hereby, authorized and required to allow and pay to General Sylves-

HeinOnline -- 11 Stat. 553 1837-1868


554 THIRTY-FIFTH CONGRESS. Szss. L Rs. 22,24. 185M
ter Churchill to General Sylvester Churchil inspector-genera], the pay and allowances of
of 'r- "spector-genera4 from the twenty-ninth of April, eighteen hundred and
8ns
oecinse pyc. nectrienlfo h wnynnho aur
eral, rom April forty-five, the date of his discharge, to the twenty-first of January, eigh-
9, 1845, to Jm teen hundred and forty-six, when he was reinstated in his office, according
21,1888. to the rates of pay then allowed, deducting from said pay and allowance
any amounts which may have been paid to said Churchill for services
performed between the time of his discharge and restoration to office.
APPROVED, June 5, 1858.

June T,1888. [No. 22.J Abdn Emeno~h/r do Weie of H-1l Onu~rf.


Resolved 4 the Snate. and Howe of Rpeentatives of the United
_ . . ,St-ates
of America in Congress asembled That the Postmaster-General
,torise be, and [he] hereby is, authorized and instructed to revise and readjust the
the account of aceount of the department with Henry Orndorf, for mail service on route
Henry Orudorf. number nice thousand one hundred and fifty-seven, from Zanesville to
Columbus, Ohio, and to allow to said Orndorf full pay for said service, the
same as if his bid had been for service six times a week, as required by
the advertifament instead of daily service.
.&Pxovii, June 7, 1858.

June 14, 18M8 [No. 2C.] A Ruolution to correct an Ew in the "Adt for the Rdi, of t1Aw R
1888, CL. B onan," appved J-Afirs, eightens hemdred aadft-eg.
Ante, p. 58. Resolved by the Senate andBouse of Representatives of the United States
e of America in C mongre
assemle , That the act for the relief of Stephen
e Rowani approved June first, eighteen hundred and fifty-eight, be so
1857 and not in corrected as to read as follows: That the Attorney of the United States
18K. of America for the southern district of Illinois be, and he is hereby; au-
thorized and directed to enter satisfaction of a judgment entered by the
District Court of the United States for the said southern district of Illi-
nois, at its June term, anno Domini, eighteen hundred and fifty-sevn, in
favor of the United States of America against Stephen I. Rowan, on his
paying all the costs in said case.
APnovsD, June 14, 188.

HeinOnline -- 11 Stat. 554 1837-1868


PRIVATE ACTS 01! THE THIRTY-FIFTH CONGRESS
OF1n=

UNITED STATES,

Passed at the second session, whch oas begm ad hoMena the O ty of


Washington, in the Distric of Columbia, on Monda, the &it day of
Deember, 1858, and ended T/ursday, the thdrd day of March, 1859. -
J-Aizs Bucas&m, President. JOHN C. BRECKINRIDGR, Vice Presi-
dent, and President of the Senate. BzsJxiNu FITZPATRICK was
appointed President of the Senate, pro tempore, January 24, 1859, and
so acted until February 10, 1859. JAxs L. ORP, Speaker of the
House of Representatives.

CRAP'. IL.-Ax Adt tecgnisny the Assipmnt on Land Warrant Number Thdt-fwo Dee. $1,1858.
27musand Yns Hundredcnd F .sl, (86,06,) issued to John Dais, as di
Be it enacted y the Senate and Hose of iepreentative of the Uned Asstmt of
to
States of America in ongress assembled, That the assignment upon land land w
John Davis ree
warrant number thirty-five thousand nine hundred and fifty-six, (35,956,) ognized.
issued to John Davis, under the act of September twenty-eight, eighteen 1850, oh. 86.
hundred and fifty, for forty acres, be, and is hereby recognized, as valid. Vol it. p. 620.
APPROVED, December 21, 1858.

C#-. IIL-As Aet for t Rdiefof Jro ea e Do. 1, 1858.


Be it enacted the Senate and He of Reenttw'me of the United
States of Ameica in C= e assembled, That the pension of four dollars Peion toJohb
per month given to John Campbell by special act of Congress be increased mo fo D
to eight dollars per month, the increase commencing on the third day of a, 1$5.
December Anno Domini eighteen hundred and fifty-five, and that the
Secretary of the Interior 'is hereby authorized- and required so to place
the name of John Campbell upon the invalid pension roll.
APRovxD, December 21, 1858.

CvAn. IV.-An Act .fr the Rdief fRemel Mina, Father of Thteodore jfinard, Dem. 21,1858.
deceased.
Be it enacted by the Senate and Hous vof Restaives of the United
States of America in Congress assembled, That the Commissioner of the
General Land-Office shall issue to Roswell Minard, the father of Theo- Land warrantto
dore Minard, deceased, a warrant for one hundred and sixty acres of land, issue to owel
in lieu of bounty-land warrant number thirty-four thousand seven hun-
dred and fifty:four, heretofore issued to Theodore Minard, deceased, which
warrant, when so issued, shall be in all respects of the same effect as the
said warrant number thirty-four thousand. seven hundred and fifty-four
would have been had it been issued to said Roswell Minard: -Provided Proviso.
howoever, That the said Commissioner of the General Land-Offiee;:shall be
satisfied that said Roswell Minard is the father of the said*Theodore

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506 THIRTY-FIFTH CONGRESS. BS. I. Ca. 7, 9, 11, 12. 1859.
Minard, deceased; That the said Theodore Minard died without leaving
a wife or lawful children; and that the said Theodore Minard never as-
signed or transferred the said bounty-land warrant number thirty-four
thousand seven hundred and fifty-four.
APPRovzD, December 21, 1858.

Jan. 12, 159. CAP. VIL-A Actor Me A qfJToeph Hardy and Altn Log.
Be it enacted by the Senate and Home of Representatives of as United
&ates of America in (ongres assemNed, That the Secretary of the Trens-
Moneypald by ury be instructed to ascertain, as in the ease of John F. B. and Henry
JoeJt PHardy to Gratiot, what amount, if any, of rent was exacted by the United States
paid to i and agents of lead mines from Joseph Hardy, for lead mined and smelted
Alton Long. upon, the lands of the Ottowa, Pottawatomie, Chippewa, Winnebago, or
other tribes of Indians, prior to the purchase thereof by the United States,
and pay such amount as may be legally proved to have been actually
paid by said Joseph Hardy to such agents of the United States, to Joseph
Hardy and Alton Long, out of any moneys in the treasury not otherwise
appropriated.
AXPOVD, January 12, 1859.

Jan. 1T, 1869. CksP. IX.-An Act Jbr the Reief of EliasHall, of Rtiand, Ternont.
Be it enaced b the &nate and House of Representatives of the United
&atea of America in Caongress assembled, That the Secretary of War
s851.62, to be cause to be paid, out of any money in the treasury not otherwise appro-
paid Elias Hall. priated, to Elias Hall, of Rutland, Vermont, the sum of five hundred and
sixteen dollars and fifty-two cents, in full, for the balance.due him for his
services as superintendent of repairs of small arms, and for subsistence,
expenses, and losses while engaged in the service of the United States
during the last war with Great Britain.
APPROVzD, January 17, 1859.

Jan. 19, 1869. Cn. XL-An Act author .i the Teens of Register to the Seamisldp. Americ and
Canada, ad to change the Names of said S emships.
Be it enacted by the Senate afid House of Repreentatives of the United
Sates of America in Congress assembled, That the Secretary of the Treas-
ury be, and he is hereby authorized and directed to issue registers for the
steamships "America" and "Canada," now lying in the port of New
Names changed. York, and that the names of said ships be changed to the "Mississippi"
and" Coatzacoalcos;" and said ships shall hereafter be considered and
Rights and ,.i deemed to be ships or vessels of the United States, and entitled to all
vile --. the rights and privileges accorded by law to ships or vessels built in the
Proviso. United States: Arovddd, That this act shall not go into effect until due
proof shall be made to the satisfaction of said Secretary that said vessels
Proof ofowner- are wholly owned by citizens of the United States or by an incorporated
ship. company entitled to receive registers for ships or vessels under the pro-
visions of existing laws.
A PROV-D, January 19, 1859.

Jan. 19, 1859. CaAn. XII.-An Ad/or the Rdief of Manin L an.
Be it enacted by the &nate and Home of Representatives of the United
MartinLayman &ates of America in Congress assembl That Martin Layman be, and
authorized to en- he is hereby, authorized to enter the southwest quarter of section thirty-
ter a quarter sec- A,
tion of land In six, township twenty-nine north, range twenty-four west, in the Minnea-
Minnesota. polis land district, in the State of Minnesota, upon payment, by said
Martin Layman, of the usual minimum of one dollar and twenty-five cents

HeinOnline -- 11 Stat. 556 1837-1868


THIRTY-FIFTH CONGRESS, ISse43M IUM14, 15j. 16. 1859. 557
per acre, and the Commissioner of the General land-Office is directed to
issue a patent on said entry.
SuE. 2. And be it )rteenacted, That the superintendent of public- Other lands to
schools in the State of Minnesota is authorized to select an equal amount lieu
be selected in
thereof for
of other lands in said State for the use of public schools in lieu of the school ui- Mine-
lands herein granted. sots.
APPROVED, January 19, 1859.

CoAr. XIV.-An Act for the Roief of James G. Homs. Jan. 2, 159.
Be it enacted 4 the enate and Home of Resentaies of the Uidted
Stees of Americo in Congress assemNed, That James G. Holmes,* who James G.
obtained a -atent for an improvement in "Chairs for Invalids," dated t Homes may ap-
twenty-fourth of September, eighteen hundred and forty-four, for fourteen 6f patent
years, which has now expired, be authorized to apply to the Commis-
sioner of Patents for an extension of said patent for seven years, under
the rules and regulations -now in force for the extension of patents, as if
he had made application previous to its expiration as required by law,
and the Commissioner is directed to investigate and decide the application
for extension on the same evidence and in the same manner as other ap-
plications for extensions are decided: AProvided, That the application for Proviso.
the extension be made within ......
thirty days after the approval of this act APPmaetin
d
to
e In 80
and the decision of the Commissioner be rendered within ninety days days.
from the filing of said application in the Patent-Office, and provided, also, Proviso.
that nothing herein shall be so construed as to bold responsible in damages
any ptrsons wh" may have manufactured chairs containing the aforesaid
improvement between the expiration of the patent and the approval of this
act.
APPROvED, January 25, 1859.

Cuir. XV.-Ar Act for the Rdlef ofJoh, Dgmcas. Jan. 2,18s9.
Be 4t enacted byr the Senate and House of Bepresetatives of tMe United
tesof Amerca in ngress assemrted, That the Seretary of the Inte-
rior be, and he is hereby, authorized and required to plac upon the list
of navy pensiohers, at the rate of sixteen "dollars ($16) per month, the to John Duncan
have 11Ae-pn-
name of John Duncan, who was a landsman in the United States navy on o at $e1 a
board the United States ship-of-war Brandywine, and who has become month, from
totally blind in consequence of disease contracted and injuries received by Dec. 1,185 .
him while in the line of his duty in the service of the United States; the
said pension to commence on the first day of December, eighteen hundred
and fifty-five, and continue during his natural life: Provided, That this Proviso.
pension shall not be paid if the said Jolm Duncan remains a beneficiary
in the United States naval asylum.
APPuovuD, January 25, 1859.

CuAP. XV.-Aa Act for the Rdief of Mitres Henry P. &,owokcafl. Jan. 25, 1869.
Be it enacted b the Senate and House of Represe" im of te Unld
&aes of Ameriea in Congress amnbed, That the Secretarq of the Inte-
rior be, and he is hereby, required to cause a copyright to issue securing Copyright to
to Mistress Henry R. Schooleraft, to her heirs, assigns, and legal repre- b meewed to
sentatives, the exclusive'right- to republish the book entitled "History, Scbcmft.
Statistics, Condition, and Prospects of the Indian Tribes of the United
States," heretofore published under order of Congress, and to make and
publish any abridgment or compilation thereof for the term of fourteen
years from the passage of this act; and he is further required to trandfer
the Plates to be de-
and deliver to said Mistress Schoolcraft all the plates, the property ofPro-livered to her.
United States, used in the printing and illustration of said book:
VOL. XL PaIv.-73

HeinOnline -- 11 Stat. 557 1837-1868


658 TIAIRTY-FIFTH CONGRESS. Smss. TH. Cm 20, 24, 25, 29. 1859
Proviso-to be vided That the same be accepted in full satiefaction of all manner of
In fl claim for compensation for work, time, or money expended in the collec-
m tio.- tion of materials for said book by Henry & Schoolcraft.
APPROVED, January 25, 1859.

Feb. 2,1859. CHAP.IL-An Act authorisingthe Swcetargo th reaeeqy to grant a Registerfor the
Schiooner Wallim A. ilmilL"
Be it enacted y the Senate and House of Representatives of the United
Stas of America in Congressassembled, That there be granted, under the
Registergrant- direction of the Secretary of the Treasury, a register for the schooner
a"William A. Hamill" lying in the port of Baltimore, and now owned by
Proviso. Robert Dorritie, a citizen of the United States: Povided It be proved to
the. satisfaction of the Secretary of the Treasury that she was built at
May's Landing, in the State of New Jersey; that she was enrolled as an
American vessel, and that she was owned in whole by citizens of the
United States at the time she was stranded on a reef near Abaco, one of
the Bahama islands, and that she is now owned by Robert Dorritic, who
is now a citizen of the United States.
APPROVED, February 2, 1859.

Feb. 5,1859. Ca". XXIV.An Actfor he efof Thmas Latrent,swvivingPartnerof the Arm
of Benjamein and Thomas Laurent.
Be it enacted by the &sateand Howe of Represe'tatives of the United
States of America in Congress assembe That the Secretary of War be,
and he is hereby, authorized and required to pay, out of any money in the
treasury not otherwise apprpriated, to Thomas Laurent, surviving part-
ner of the firm of Benjamin and Thomas Laurent, or to his legal repre-
$15,000 and In- sentatives, the sum of fifteen thousand dollars, with interest at the rate of
terest to be paid six per cent. yearly, from the eleventh day of November, eighteen hundred
ThomasLauent, and forty-seven, being the amount paid by the same firm, on that day, to
Major General Winfield Scott, in the city of Mexico, for the purchase of
a house, in said city, out of the possession of which they were since ousted
Proviso. by the Mexican authorities: Provided The amount so appropriated shall
be in full of their claim therefor against the United States.
APPRovED, February 5, 1859.

Feb. , 1859. C"P. XXVA.-n A to provi for the Settment of the Acco.ns of the late Lietn
ant Colond Lewis S. C*q, for his &S mincsimmand of th wil Escort on do
Mexican Boundary Coandon.
Be it enacted by the Snate and House of Repreentativesof the United
Sae of America in Congress assembled, That the Secretary of the Inte-
Ctn per rior be, and he is hereby, authorized and directed, in the settlement of the
diem sI1owsn accounts of the late Lieutenant Colonel Lewis S. Craig, to grant to his
to be made to legal representative the same allowances per diem for his personal ex-
representatIves ese arm
of Lt. CoL Lewls penses which were made to other officrs of the y of his grade in said
S. Craig. commission; the same to be paid out of the surplus fund now in the treas-
ury heretofore appropriated to cover the expenses of said boundary sur-
vey.
APPROVED, February 5, 1859.
Feb. 9,1859. OHAp. XXIX.-An Act for the Rdiq_ of . Edward Habcht, Adninia or of 3.
W. P. ? if.
Be it enacted k the &nate and House of Representatives of the United
States of America in Cmo ress assemhbed, That there be paid, out of any
$.28.47 to be money in the treasury not otherwise appropriated, to C. Edward Habieht,
iEdr. d administrator of J. W. P. Lewis, the sum of twenty-two hundred and

HeinOnline -- 11 Stat. 558 1837-1868


THIRTY.FIFTH CONGRESS. Szss. I. CEL 80, 81, 82, 84. 1R59. 659
thirty-eight dollars and forty-seven cents, being the balance of his accounts
as United States agent for the construction of a light-house on Sand Key,
in the State of Florida, as stated by the accounfing officers of the treasury
APPROVED, February 9, 1859.

CRAP. XXX.-An Adfor the Rdief of B6" Hhhard. Feb. 9,1859.


Be it enacted k tde Senat and Hfow of .Reprsentaivesof tMe United
&ates of moica in Conre assembled, That there be allowed and paid,
out of any money in the treasury not otherwise appropriated, to Henry
Hubbard, the sum of six hundred and seventy-two dollars and seventy- _67~~ 5 and in-
ot be palo
. .. .
five cents, for his services as United States agent charged with the safe- tert bad
0Hubbard.
the State Hearr
keeping of -the public property at the harbor of Ashtabula, in
of Ohio, as certified by the Bureau of Topographical Engineers, with
interest, at the rate of six per centum per annum, from the eleventh of
June, eighteen hundred and fifty-six, from which time payment is shown
to have been delayed for want of appropriation.
Ai'raov=, February 9, 1859.

Oar.XXXL-An Act for t4e Rei of Mrs. Ambroie Bro, of te PwA of &t. Feb. 9,189.
£wdes, ae of Lovisiaa
Be it enacted and Howe of Representatives of the United
&~teSnate
States of in Congres assenbed, That Mrs. Ambroise Brou, of
'meriaa
the parish of St. Charles, in the State of Louisiana, be, and she is hereby,
confirmed in her title to lot or section six, township twelve south, range Land title con
twenty east, and lot or section ten in township thirteen south, range twenty rie Mrs.
east, in said State; said lands being the unconfirmed half of a tract of Ambroise Bron.
nine arpents twenty-six toises front, by eighty arpents in depth, the other
half of which was confirmed to Ambroise Brou by the act of Congress of
February twenty-eighth, eighteen hundred aid twenty-three, and is fully o8s, OL. 1.
described in the report of the register of the land-office for the eastern VoL ill. p.727
district of Louisiana, dated the sixth January, eighteen hundred and
twenty-one: Proided, That this act shall not affect the right, title, or Proviso.
claim of any third person, but shall be construed simply as a quit-claim
by the United States of any title in and to said tract of land.
APPrOVeD, February 9, 1859.

Cu"i. XXXIL-An Act or ase Riefof the Heirs and legal Repesntatves of Olivier Feb. 9, 1859.
Ladrote State of Louiiana.
Be it enacted k the Senate and Hose of R mep eiaives of t Vhied
&ates ofAmeriea in Congress assembled, That the heirs and legal repre-
sentatives and assigns of Olivier Landry be, and they are hereby, con- Land title con.
firmed in their title to a certain tract of land situated in tonshIp ten fim
south, range five east, in the southwestern district of Louisiana, containing
two hundred and thirty acres and eighty-four hundredths of an acre, being
the tract on the township map of said township marked forty-nine, bounded
on one side by a tract belonging to the heirs of Rene Trahan, and on the
other by land formerly confirmed to said Olivier Landry .tovided, That Pr-v*-.
this act shall only be construed as a relinquishment of any title that the
United States may have to said lands, aiid shall not affect any title that
any third person may have in and to said lands.
APPROVED, February 9, 1859.

C r. XXXI .- An Act.or tde Rief of Catain DouglasOtinger. lMb. 14,1869.


Be it enacted by the Senate and Home of Representative of the United
States of America in Congress assemb d, That there be paid to.Csaptain
Douglas Ottinger, out of any money in the treasury not otherwise appro-

HeinOnline -- 11 Stat. 559 1837-1868


560 THIRTY-FIFTH CONGRESS. S.ss. II. C. 86, 87, 88, 89, 40. 1859.
0,000 to be priated, the sum of ten thousand dollars, in full compensation for the use
paid for -9 t of his invention of the life or surf car by the United States, and also to
United States enable him further to test the practicability of adapting such car to the
&0. rescuing of passengers and crews during violent gales at sea.
APPROVED, February 14, 1859.

Feb. 18, 1860. Cu". XXXV.-A Aetf Me Reifof Iary Boe.


Be it maced y te Senate and House of R resentaives of the (Tid
Mary Boyle to Stes of America in Conress assembled, That the name of Mary Boyle
have pension of be placed on the pension roll, at the rate of twenty dollars per month,
$20 a monthfrom
Jan. i, is. from the first day of January, eighteen hundred and fifty-eight.
APPROVED, February 18, 1859.

Feb. 19, 1859. Cx". XXXVU.-An Act for tde Relf [oil A. Baudouin and A. D. Robart.
Be it enacted y tMe Seate and Howe of lRepresentath of the United
,Slawe of.America in Congress assembled, That the Secretary of the Treas-
$2,000 to be ury be, and he is hereby, directed to pay, out of any moneys in the treas-
afatat f kol ury not otherwise appropriated, the sum of two thousand dollars to A.
...
a at- .Baudouin and A. D. Robert, in full compensation for the damages
sustained by them arising from the sinking of a fiat-boat of ice, at New
Orleans, by a steamboat in the service of the United States.
APPROVED, February 18, 1859.

Feb. 18, 1859. "CwLp. 3=XVII.-An Act for the Relief of Dinwa iJfini.
Be it enacted by the Senate and Hmue of Representatives of Mhe Mnte
Sates of America in Conyre aemle That the Secretary of the Treas-
ury be, and he is hereby, directed to pay to Dinah Minis, or her legal
representatives, out of any money in the treasury not otherwise appro-
Sums
loan onfloedue on priated, the sums due on loan office certificates--number ninety-three, for
certif-
leato to e paid. thirty-seven dollars and twenty-seven and two thirds cents; number ninety-
.... to be
. four, for seventy-four dollars and fifty-five and one third cents; and number
one hundred and four, for eighty-one dollars and sixty-six cents; all dated
August nineteen, seventeen hundred and ninety-one, and signed by Rich-
ard Wylly, commissioner of loans-on the surrender of the said original
certificates at the Treasury Department.
APPROVED, February 18, 1859.

Feb. 18,1859. Cup. XXXIX.-A Act for tae Rlief of Wright Foe
Be i enactedby te Senate and Housme of Bresentativesof the Uni6d
States of America in Congress assemb4l, That the Secretary of the Inte-
Wright Fore t riol2 be, and he is hereby, authorized and directed to place the name of
hvpn atr Wright Fore on the invalid pension roll, at the rate of six dollars per
Nov. 9,1862. month, to commence on the ninth day of November, eighteen hundred and
fifty-two, and to continue during his natural life.
APPROVED, February 18, 1859.

Feb. 18, 1869. Cur. XL.-An Adt fo the Relef I Evelia Pter, Widow of the late Commdore
David Porter,ot Unitd &a Navy.
Be it enacted b, the Senate and Ho e of Rpesentatives of the United
.. P . SW of..America in Congress assermed, That the Secretary of the Inte-
/yelins Prter .
to have pension nor be directed to place the name of Evelina Porter, widow of the late
of $0 a month Commodore Porter, deceased, of the United States navy, upon the list of
from February 9, pensioners, to be paid at the rate of thirty dollars per month, from the
1858. ninth day of February, eighteen hundred and fifty-eight.
APPROVED, IFebruary 18, 1859.

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THIRTY-FIFTH CONGRESS. Szes. IL C. 41; 42, 4S 44. 1859. 561
CHAP. XIL--An Ac for tSRlief of Wiiam Ye wod, Sr. - Feb. 18,1859.
Be it maced bi the Senate and House of RePresentativ of te MWtd
Sta of America in (Congre asem That the Secretary of the Inte-
rior issue a land warrant for one bundred" and sixty acres of land to be Land warrant
located pursuant to the provisions of an act'of Congress, approved Febru- to Isue to Wit
h1am Year*ood,
ary eleventh, eighteen hundred and forty-seven, granting bounty-land to senior.
certain officers and soldiers in the military service of the United States, to'
William Yearwood, sr, father of 'WilliamYearwood, jr., first lieutenant in
Captain Lowry's company, second regiment Tennessee volunteers in the
Mexican war, who was wounded at the battle of Cerro Gordo, and died
of his wounds on the twenty-fourth day of April, eighteen' hundred and
forty-seven, leaving neither wife nor child.
Aprnovx-, February 18, 1859.

Czxp. XLI-An Actfor thw Rdief of Monroe D. Downs. Feb. 18, 1859.
Be it eacted byj te Senate and House of RBprsentat* of the Visite
State of America in Congres awemd That Monroe D. Downs be, and Mon" D
he is hereby, authorized to enter at the land-office in Omaha cityin the bad to et fr
Territory of Nebraska, by preghption, the east half of the southwest tan laM.
quarter, and the east half of the northwest quarter of section numbered
thirty-six, of town fifteen north, of range twelve east, in said Territory, at
the minimum price of one dollar and twenty-five cents per acre: Ji'ovidea Proviso.
The said Downs shall, within three inonths after the passage of this act,
establish his right of preamption to said-lands under existing laws, in every
respect, except the filing of a declaration or notice of his prefmption
claim.
Szo. 2. And be it firther wtcte That the superintendent of public Land inRau
instruction of Douglas county, Nebraska Territory, is hereby authorized Ietheeorthe use
to select any unclaimed and unoccupied quarter section of land in said of schools.
county in lien of the lands mentioned in section one of this act; and it
shall be his duty so to do as soon after the passage of this act as shall be
practicable, and to file notice of such selection with the register of said
land-office; and after such selection and utotice, said lands so selected
shall be reserved from sale or preemption, and shall be held for the benefit
of schools, in lieu of the lands hereby authorized to be preempted by said
Downs.
A~r ovzD, February 18, 1859.

CvAr. XLIL-An Act for tdo Ba foff o rtA. Davidge. res. 1s, 1859.
Be i enacted hf e Senate and Hose of Representaive of td VWed
&ates of America in Congress asemHe, That the Secretary of the Treas-
ury be, and he is hereby, authorized and directed to pay to Robert A. Robert A. Da.
Davidge the sum of one hundred and eighteen dollars and ninety cents, v11LI. o be
out of any money in the treasury not otherwise appropriated, in full for orary clerk.
his services as a temporary clerk in the office of the First Comptroller of
the Treasury from March twenty-sixth to April thirtieth, eighteen hun-
dred and fifty-seven.
APPROVED, February 18, 1859.

Cmz. XLIV.-An Actfor th BeWofHya 0lark "ns. Feb. 18, 1859.


Be it enacted the Senate and Housme of Reprmeativ of the U ed
States of Amriica in Congress asse;Al4 That the Secretary of the Inte- .ya. 01ark
rior be directed to place the name of Myra Clark Gaines, widow of the ecab sofo
late Major-General Edmund P. Gaines, on the pension roll, at the rate Of June 6. 1849 "
half the pay per month to which the said Gaines was entitled at his death,

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562 THIRTY-FIFTH CONGRESS: SEss. II. C. 45, 46, 47, 48. 1859.
to commence from the sixth day of June, eighteen hundred and forty-nine,
and to continue during her natural life.
APPROVED, February 18, 1859.

Feb. 18, 1859. COAr. XLY.--An Act for Me Rdif of Rcc M. Bomd, of Pince Gme
Comqy, Vbirgna
Be it enacted ky the Senate and House of reeaiusofthe nited
bdeca M. ,tes of America in Conress asses That Rebecca M. Bowden, of
Bowdn "ho a Prince George county, in the State of Virginia, be, and she hereby is,
ized to locate
land warrant,,or authorized to locate in her own name, as sole devisee of Littleberry Bon-
to sll the same. ner, late of said county, deceased, on any of the lands of the United States
subject to private entry, at the minimum price of one dollar and twenty-
five cents per acre, a certain land warrant, number seventeen thousand
six hundred and forty-seven, issued to the said Bonner for his services as
a private in Captain Temple's company, in the fourth regimeht of Vir-
ginia militia, in the war of eighteen hundred and twelve, or to sell and
assign the same as such devisee in the same manner as the said Little-
berry Bonner could do were he now living.
APPROVED, February 18, 1859.

Feb. 28,1859. Czar. XLVL-An Act for do Pdiqfof.FIrancs Carver.


Ze it enacted b the Senate and Howe of Reresentatives.of the United
,ates of America in Congren assemz That the Secretary of the late-
Francis Carver rior be, and he is hereby, authorized and directed to place the name of
to have Peon Francis Carver on the invalid pension roll at the rate of eight dollars per
at $8 a Mmouth
from Dec. 18, month, and to pay him at that rate from the eighteenth day of December,
1557. Anno Domini eighteen hundred and fifty-4even, and continue during his
natural life.
- APPROVED, February 23, 1859.

Feb. 28,1859. CRAP. XLVIL-An Act to csnflr toode Heirs orAssgn~of i'ar&) &q4 7W*1to
-- Ldnd in EM F/0da
Be it enacted by the Snate and Howe of _'entatives of the United
Laud grant to Skt of America in Congress assembled, That the grant to Bernardo
Bernardo Sequl, Sequi, of seven thousand acres of land lying on the east side of the St.
Sc., oonfrmle. John's River, in East Florida, between the place called Dunn's Lake and
that known as Horse Landing, including the place called "Buffalo Bluff,"
made by "Estrada," the then governor of the province of East Florida,
on the twentieth day of December, eighteen hundred and fifteen, be con-
firmed to the said grantee and those claiming under him, and that the
Commissioner of the General Land-Office be directed to cause the lands
described in said grant to be surveyed to the claimant, without prejudice
to any third person.
APPROVED, February 28, 1859.

Feb. 8,1869. Cn". XLVIIL-A. A tfor te Re of S oue A. Fairc:d.


Be it enacted by the Senate and Howe of epreset"tws of the United
Sates of A erica in CoWess assembled, That the Secretary of the Treas-
Accounts of ury be, and he is hereby, 'lirected to audit and settle the accounts of
Samel A. F"r- Samuel A. Fairchilds, for expenses and services in arresting and bringing
chlds to be aud-
ited and settled. to trial certain persons charged with robbing the mails of the United
States, and to pay to the said Sanuel A. Fairchilds, out of any money in
the treasury not otherwise appropriated, whatever sum the said Fairchilds
may show, by proper evidence, he expended in arresting and securing the
said parties and delivering them to the authorities of the United States

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THIRTY-FIFTH CONGRESS. Szss. II. Cii 49, 50, 51, 52, 58. '1859. 568
also to pay him a fair compensation for his services in the premises:
Provd That the wholeamount paid him under this bill shai not ex- Paymentnotto
ceed the sum of eight hundred and two dollars and fifty cents. e §802.
APiPROVED, February 28, 1859.

CH"p. XLIX.-An Act for tAe Ref of %erck Saidt. Feb. 28 1859.
Be it enacted by as Senate and House of Representatizes of td V4dtd
&ates of Ameria in (ongress assembld That the Secretary of the Inte-
rior be, ana he is hereby, authorized and directed to place the name of Frederick Smith
Frederick Smith on the invalid pension roll, at the rate of four dollars t have Pension
per month, and to pay him at that rate from the first day of February, f mFeb.n
th,
Anno Domini eighteen hundred and fifty-eight. during his natural life.
AP Rovzr, February 28, 1859.

CAp. L.-An Actfor the Relief ofie Representativeof Hemy MVn, de e. Feb. 28,1859.
Be it enacted by Senate and House of epresentat s of the .Vilted
tates of America in Congress as6led That the Secretary of the Tkeas-
ury be, and he is hereby, directed to pay to the legal representative of $1,817.86 to be
Henry King the sum of one thousand eight hundred and seventeen dol- paid the le
lars and thirty-six cents, it being for the services of said Henry K in Hery King.
the third Maryland regiment, and in the commissary department, during
the Revolutionary war.
APPROVED, February 23, 1859.

CRAP. L-AnAefor the RefiefofLeonard Loomis. Feb. 28,1859.


Be it enacted by the &nate and House of Reresentaives of tde United
States of America in Conres assembled, That the Secretary of the Ine- n Loomis
rior be, and he hereby is, authorized and directed to raise the pension of t 8e ponh,
Leonard Loomis from six to eight dollars per month, and to pay him such from Aug. 9,
increased pension from the ninth day of August, one thousand eight hun- 18"7
dred and fifty-seven.
APPROVE&D, February 28, 1859.

CEup. LIL-An Act for the Relief of David Watson. Feb.2 8,1859.
Be it enacted hyte eatewa and Homse of Represatives of the Uried
tates of A n n sa ed That the Secretary of the Inte-
ior be, and ha is hereby, authorized and directed to place the name of to David Watson
per pension
David Watson, of Georgia, upon the list of invalid pensioners, at the rate at 64have mouth,
0 f7to commue on the fiteenth day of February, from. Feb. 16,
of four dollars per month,
eighteen hundred and fifty-eight, and continue during his natura life. 185.
APPROVED, February 28, 1859.

CHAP. LIM-An Act pm'ndng an Iavlid Pension to John Lee, of te ,State of fin& Feb. 28,1s69
Be it enacted by tAe enate and House of Representatives of th Uniteed
,Ates of America in Congress assembed That the, name of John Lee be John Lee to
placed upon the pension list of the United States, at the rate of eight dol- have Pn'ho at
lars per month, from the twenty-second of December, eighteen hundred Dec. 22, 187.
and fifty-seven.
Suo. 2. And be it furwr enacted That the Secretary of the Interior
be, and he is hereby, authorized and directed to pay the said John Lee
the said sum of eight dollars per mopth, to be estimated and computed
from and after December twenty-second, eighteen hundred and fifty-seven,
and to continue during life.
APPROVEb, February 28, 1859.

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ik THIRTY-F TA CON0OESS. -9s.,M'JC. 54, 55, 56, 57. 1859.
Feb. 28,1869. Oip.L V.-Aa Adto authr M& 4nants in gt of Jo/ Huae to
certain Lado (a PI. 9k f Ja H to eder
Be it enac*d by the Senate and To wuee
of Representatives of ta United
&aea of America in Cbngreae ass ~k That the claimants in right of
Claimants un- John Huertas to a tract of six thousand acres in Florida, confirmed by
der John Huertas the Supreme Court of the United States at the January term in'eghteen
Thay enter certainanbe
lands InFlorida. hundred and thirty-four, be, and they are hereby, authorized to enter, at
any land-office in the State of Florida, the quantity of three thousand
three hundred and thirty-two acres and thirty-hundredths of an acre of
any of the public lands in that State subject to private entry, the same
being in addition to the area of two thousand six hundred and sixty-seven
acres and seventy-hundredths of an acre surveyed for said claim, and des-
ignated as section forty-eight, in township nine south, of range twenty-
seven east, in the St. Augustine land district, Florida, and being the
difference between the quantity embraced by said Isurvey and the six
thousand acres confirmed for said claim as aforesaid; and the register and
receiver of any of the aforesaid land-offices shall receive the proper ap-
plications and proofs, and shall issue the necessary certificate; upon the
return of which to the General Land-Office, with satisfactory proof of the
Proviso. rights of the claimants, a patent shall issue for the lands so located: Pro-
vide, said land shall not be located upon any land within six miles of any
railroad.
APPROVED, February 28, 1859.

Feb. , 1869. Cip. LV.-An Atfor Me RW ofB. nm Gwnsw.


Be it enaded by the Senate and House of _epremeeta' of the United
States of Amertica in Cw.Xm assembed That the Secretary of the Inte-
Robinson Gam- rior be, and he is hereby, authorized and required to place the name of
mon to have pen- Robinson Gammon, of Roxbury, in the county of Oxford, and State of
sion atS$8a
month fom Dee. Maine, upon the roll of invalid pensions, at the rate of eight dollars per
s, ,~s~. month, from the third day of December, in the year eighteen hundred and
fifty-six, during his life.
APPROVED, February 28, 1859.

Feb. 28,1859. C.. LVL-An Act for me Bneft of the Mptos of , A Br*i Cheouia,
it te War of eightn humdrd and twelve.
Be it enaced k she Senate andHouse of RB r esntatesof the United
Sate. of America in Congress asAe d That the Secretary of the Treas-
2,00 to be ury be, and he is hereby, authorized to pay, out of any money in the
paid :atorl&., treasury not otherwise appropriated, the sum of twenty-ive thousand dol-
brig Caledonla. lars to the captors of the British brig Caledonia, on the eighth of October,
eighteen hundred and twelve, on the Niagara River, near Fort Erie, [or
to] the widows of the captors if any, and if none, then to their children or
grandchildren, but not to collateral heirs. The said payment to be made
to the widow of the late Captain Jesse D. Elliott, to the child of the late
General Nathan Towson, then a captain of artillery, and to the officers
and men engaged in the capture aforesaid, [or to their] widows if any,
and if none, then to their children or grandchildren, but not to collateral
heirs, in such proportions as each may be founl to be entitled to, accord-
ing to the usages of the naval service.
APPovED, February 23, 1859.

Feb. 2, 1859. CmP. I.IL-Ant dfor the Rdief of Ads F. Canom


John F. Can- Be it enacted by the &e)aads and Hows of PRepresentatives of the United
exto e de e o-merioa in ongres a d, That the Postmaster-General
servico, &".,in be, and he'is hereby, authorized and required to pay to John F. Cannon,
oar. ng the at the rate of one l1tndred and twenty dollars per annum, for and during

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THIRTY-FIFTH CONGRESS. Suss. I. Cu. 61, 62, 68, 67, 69. 1859. 565
the time he carried said mail, according to his contract, in addition to the
amount already paid to him, for additional expense incurred and extra
service performed by him on mail route number two thousand six hundred
and twenty-seven.
APPROVED, February 28, 1859.

CHsa. LXL-An Act for te BWt of/Marj Bkl*w. Feb. 26, 1859.
Beitenacedby the &nale and House of %iereenative of MeaUnited
States of America in Congress aemsbled, That the name of Mary Bain- MRUanbridgG
bridge, of Massachusetts, be, anT the same is hereby, placed upon the to have pension
of $80 a mouth
pension list of the United States. from June 1,
SEC. 2. And be it furtdw enacted, That the Seeretary of the Interior 1857.
pay, or capise to be paid, to the said Mary Bainbridge the sum of thirty
dollars per month, cbmmencing on th6 first day of June, eighteen hundred
and fifty-seven, and to continue during her natural life.
APPROVED, February 26, 1859.

CRaP. LXIL-An Act/or te Bdfof WNan H. Rung. Feb. 26, 1859.


Be it enacted by the Senate and House of Bepres'entave of tMe United
Stte of America in Cmgre asembled, That the Secretary of the Treas-
ury be, and he hereby is, directed, o.ut of any money in the treasury not
otherwise appropriated, to pay to William EL Russell, the sum of eight William ]E
hundred and thirty-nine dollars and sixty-six cents, in full for his salary ItumultbelRd
as collector of the port of Monterey in California, from the thirteenth day 6819.66.
of March to the twenty-third day of June, eighteen hundred and fifty-one.
APPROVED, February 26, 1859.

Cms. LXu -A& Atfor the PWteof Wlliam F. WaWnr. Feb. 20, 189.
Be it enacted by te Senate and of eouea ie of th United
Sat of Americ in (ogrees assemed, That the Secretary of the Treas-
ury pay to William F. Wagner, late marshal of the United States for the $1199.8 to be
district of Louisiana, five hundred and thirty-three dollars and thirty-five 1tdan. F.
cents, in full payment of i costs in the case of "The United States v.
Schooner Rena ne and crgo;" and also six hundred and sixty-six
dollars, in full payment of his costa in the case of "The United States vs.
A Lot of Timber."
APPROVED, February 26, 1859.

Ca". LXYVI-An Actfor eve W e/ Kam* O'Brie. geb. 28, 18.


Be it enacted by Mhe Senate and House of Aeresentatives of the United
&aes of America in Congress assembled, That the Secretary of the Inte-
rior be,list
on the andofheinvalid
hereby is, directed
on pensioners,
th to place,
and the name
that said
listpension of Kennedy
O'Bien be paid a O'Brien Kennedy
pension, O'Bren to ss8
have
at
at the rate of eight dollars per month, from the first day of January, one month fom Jan.
thousand eight hundred and-fty-four. 1, 1855
APPROVED, February 28, 1859.

cn. LXIX.-An Actj the Rel'f Captain A. W. RWl&. Marc 17186.


Be it enacted k the Sea and House of R4pe a"e of the United
States of America in Congress aembe That the Secretary of the Treas- ep ad In-
ury be, and he is hereby, authorized and required to pay to Captain A. twat to be pod
W. Reynolds, out of any money in the treasury not otherwise appro- A.W. 'eynl
printed, the sum of four hundred and thirty dollars and sixty-three cents, as by wad.
VOL. XL Pxv.-74

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566 THIRTY-FIFTH CONGRESS. Sass. IT. Ca. 70, 71, 72, 78. 1859.
with legal interest thereon from the fourth day of September, Anno
Domini eighteen hundred and fifty-seven, the date of the rendition of the
award of the arbitrators, R. T. Matthews, Charles L Biddle, and Rush
Van Dyke, in the case of the United States against A. W. Reynolds--till
paid; and the said Secretary of the Treasury is hereby directed to pay
oats under to the parties legally entitled, the costs, as stated in the said award, upon
the award to be the presentation of the proper evidence and certificates from the District
paid. Court of the United States.
AppiROVD, March 1, 1859.

March 1,1859. CHa. X.-As Act for tde Relief of WilanPick


Be it enacted by the Senate and House of Representatvs of tke United
Sates of America in Congres assembled, That the Secretary of the Treas
$880 to be paid try be, and [he] is hereby, directed to pay, out of any money in the treasury
William 1Cla. not otherwise appropriated, to William Rich, late United States secretary
of legation in Mexico, eight hundred and thirty dollar, it being the dif-
ference between the compensation allowed to a secretary of legation and
that to a charg d'aflaires, for the period during which he acted in the
latter capacity.
APPROVzD, March 1, 1859.

March 2, i0e. CAP. LXXIL-An Act for the Relf of ohn Piwkl, late a ieant
&alsArmy. in the Litod

Be it enacted by the &nate and House of Representates of the United


States of America in Congress asemled That the Secretary of the Inte-
John Piekell rior be directed to place the name of John Pickell, late a lieutenant in the
to have pension army, upon the roll of invalid pensioners, and to pay or cause to he paid
857.- to him such full pension per month as is allowed to officers of his rank,
under existing invalid pension laws; such pension to commence from the
first day of November, one thousand eight hundred and fifty-seven.
APPitOVED, March 2, 1859.

March 2, 1869. CHAP. LXIL-An Act for tMe Bdief of Antony asio, a Soier in the War of
eighteen Aundred and twelve.
Be it enacted by tAe Senate and Hos of Repreentati of the United
Sates of America in Congres assembkd; That the Secretary of the Inte-
$2.6 a month rior be, and he is hereby, directed to allow and pay tp Anthony Caslo,
1816,o M yt
1om ay25,
25, otherwise known as Anthony Castle, an invalid pensioner, an amount
1801, to be paid equal to two dollars and sixty-six cents per month, from the twenty-fifth
Anthony Caslo. day of- May, one 'thousand eight hundred and sixteen, to the twenty-fifth
day of May, one thousand eight hundred and fifty-one, the date at which
his name was entered on the l of invalid pensioners.
APPIXOVED, March 2, 18596

March a, 18s5. Gay. LXXI --A Adt to provide or ta Em ehnt and Lioense of 0e Brig C6.
berand.
r1reambie. Whereas a certain brig known as the brig Cumberland, was built at
Cleveland, in the State of Ohio, and was wrecked upon the Canadian
shore of Lake Erie, and became to some extent the property of Cana-
dian owners; and whereas the said brig is now, in virtue of a judicial
sale b7 a competent court of the United States, the property of Charles
L. Flint and of the heirs of Edward 0. Gould, deceased; therefore

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THXRTY-FIFT-3 CONGIRESS. Szs. M- "08 89, 90, 91, 92. .1850. 567

Be it enacted by the Seate and House of RprsmtatV, of the uVniIe


Stes of America in Cmgre assembled, That the Secretary of the Treas.
ury be, and he is hereby, authorized and empowered to direot the enroll-
ment of the said brig Cumberland at the port of Bufflo, in the State of ,Brft Ctmber,
Nev York, in the names of Charles L. Flint, and of Phares Gould, in laudto been-
behalf of the heirs of Edward 0. Gould, and the license of the said brig o -nse-
for the coasting trade upon the great lakes, and the navigable waters con-
nected therewith, upon the usual footing of American vessels.
A.PPRYOVD, March 2, 1859.

CAP. LXXXH. -A Act/or doe Editof.Tane Twn"u. maruh 6 86


Be st snacted AV the &nate and House of Representatives of td Uinted
States of Ameca in engevs assemed, That the Secretary of the Inte-
rior be, and be is hereby, authorized and required to place the name of Jane Jane TumbuU
Turnbull, widow of the late Colonel William Turnbull, of the army of the 't ofhave
$0 a pension
mouth,
United States, on the pension roll, at the rate of thifty dollars per month, i8 m Dec. 10,
from the tenth day of December, eighteen hundred and fifty-seven, for.1 57.
and during her natural life.
APPEOviD, March 8, 1859.

Cufr. XC-s Act for ase Mief I e Anu feCalq. March 1,lss.
ite a ed by the Snate and House of R ,,entatives
of te United
&aes of America in Congress assembkd, That the'Secretary of the Treas-
ury be, and he is hereby, directed, out of any money in the treasury not
otherwise appropriated, to pay to Frances Ann McCauley, widow of .,200to be
Daniel S. McCauley, deceased, late consul-general of the United States F
Prances
at Alexandria, in Egypt, the sum of four thousand two hundred dollars, .. McCa..
for ooInpensation for judicial services performed by her said husband
while holding said office from the fourteenth day of August, eighteen hun-
dred and fort-eight, to the twenty-sixth day of Jetober, eighteen hundred
and fifty-two, under the act of Congress entitled "An act to carry into 1848, h. 50.
effect certain provisions in the treaties between the United Suktes and VoL ix.P. 27.
China and the Ottoman Porte, giving certain judicial powers to ministers
and consuls of the United States in those countries," approved August
eleventh, eighteen hundred and forty-eight, at the rate ofone thousand
dollars per annum.
ArPRovD, March 8, 1859.

CxR. XCL-Ai, Ad/or doe Reliof EAU W. Goff Msroh 8,155.


Be it enadted by doe Senate and House of Represeaives of the Usited
Sates of America in aigreff assmbed That the proper accounting
officer of the treasury, upon satisfactory proof being presented that Eli Iismof Ell W.
W. G4 late inspector of customs for the district of Vermont,. actually andflosses to be
sustained damages and losses by his eeorts faithfully to execute the reve- audited and paid.
nue laws of the United States, be, and he is hereby, directed to audit the
account of the said Goff, and pay to him the amount of said damages and
losses thus proven, out of any money in the treasury not otherwise appro-
priated: Provided, That the amount allowed the said Goff shall be for Priso.
Amount not to
damages resulting directly from a proper discharge of his legal duties as exceed 0,000.
inspector of eustoms, and shall not exceed the sum of five thousand
dollars.
Mrisovw, March 8, 1859.

Cs". XOlL-An Actfor e P f- y B. Dsmbery. March 8, 18.


Be it enacted by Iae Senate and House of Representatve of doe Utied Mary B. Du-
Stes Of .k~rica in COXMgrs assmbled That the name of Mary B. senbery to bave
Dusenbery be placed on the pension rolls at the sum of thirty dollars per pension
mnonth..
of 880 a
.

HeinOnline -- 11 Stat. 567 1837-1868


mxonth, to comnience on the third day of Deember,'eighteen hundred and-
My-five, and continue for the term of five years.
,APPaovWD, March ,"1859.

March 8,159. CWAP. XCEOL-An Act to praidefor the .finql Settement Mhe Land Ckain of the
Persons daimng as Heir. of, or uider Jehu Underwo as Prhasersor otherwie to
ewtan Ladd in Iond&, and to conifrm the 7id to Me proper Owner or Ownera.
Be it enactedby t& ,&nateand House of pesentatiesof the United
States of Amerka in Congress assembled, That the claim and title, derived
Land claim of from the Spanish government, by John or Jehu Underwood to land in the
heirs Jehu Un- State of Florida, so far as the same remains unsettled, shall be received
derwood to be and adjudicated by the judge of the district court of the northern district
of Florida, upon the petition of the heirs of said Underwood, or of any
other person or persons claiming under him as purchasers or otherwise,
according to the forms, rules, and regulations prescribed by Congress in
similar cases, and in the same manner, in all respects, as such claim would
have been received and adjudicated if said claim had been presented
within the time prescribed by the several acts of Congress for presenting
the same for confirmation. And so far as said claim is unsettled and is
found to be valid, the said district court shall, and is hereby, authorized
and required-to enforce the location thereof to the person or persons en-
titled thereto, as heirs, purchasers, or otherwise, under the same rules and
regulations as have bein exercised ii regard to other mill grants in
Florida.
APPROvzD, March. 8, 1859.

March 5, 1859. Ow. XCIV.-An Ad,)br th Reiiof EdwardIngerso.


Be 4t enacted &j as. Snate and ouse of RBepresentatives of the United
States of Aherica in Coagress assembed That the Secretary of War
pId8851.5
Edwardto be be, and he is hereby, authorized and directed to pay to Edward Ingersoll,
EXrL military storekeeper at Springfield, Massachusetts, the sum of three hun-
dred'and thirty-five dollars and seventy-five cents, being the amount of a
judgmefit with cost against him for the hire of carriages used by the board
V18 oL 98. of ominissionrs (appointed under the act of third March, eighteen hun-
VOL x. p. 27. dredbad fifty-three) while in the discharge of their duties at said
Spring-
field armory.
APPRovzD, March 8, 1859.

Memh5~~18~. Ow. 107.-An Act o ~W 4 f of JaTe A. Glang.


Be it enaded b ese&ate and Hoe of Representatives of the United
States of America in Congress assemtbl4 That the Secretary of the Inte-
James A. rior be authorized and directed to place ithe name of James A. Glanding,
Gandng tohaveof Pennsylvania, on the list of invalid pensioners, at the rate of eight dol-
m"on fro Dec lars per month, commencing on the 'third day of December, eighteen
hun-
8,1im. dred and fifty-five, to continue during his natural life.
APovzD, March 8, 1859.

March 8, Is. Cw. XIVL-An Adt/o te Refof.Tames Cllier.


Be it enacted b1 the Senate and House of Repreentatives of the United
States of Amerca in' Congress asemed, That the Sectetary of the Treas-
$9,58u and ury be, and heis hereby, authorized and directed to cause to be paid to James
interest to be. Collier, out of any money in the treasury not otherwise appropriated, the
paid James Cl
lie to satisfy his sum of nine thousand five hundred and eighty dollars and twenty-sven
Judlent against cents, being for the amount (with its interest at the rate of six per centum
the U.S. per annum) found due -from the United States to said Collier in a certain

HeinOnline -- 11 Stat. 568 1837-1868


THIRTY-FIFTH CONGRESS. Smss. I. C 97, 98, 99, 100. 1859. 569
action tried and determined in the Circuit Court of the United States for
the southern district of New York, second circuit held on the thirtieth day
of November, Anno Domini eighteen hundred and fifty-five, wherein the
United States was plaintiff and said James Collier was defendant, and in
which action said court upon the verdict of a jury certified that there was
then due from the United States to said Collier, the sum of eight thousand
one hundred and ten dollars and twenty-nine cents, and which proceedings
of said Circuit Court were afterwards affirmed by the Supreme Court of
the United States at its December term, Anno Domini eighteen hundred
and fifty-seven.
AppiOVDo, March 8, 1859.

Cff. XCVIL-As Adctjr the Relie of the Assigneis of HqA Gkm. March 5, 1859.
Be it enacted by As 8mate and Houe of Bpresenaves of the Uited
&at of America in Congress assemWe That the Secretary of the Treas-
ury be, and he is hereby, authorized and directed to pay to the legal as- PS,Th9 to be
signees of Hugh Glenn, or their personal representatives, the sqm of six paid the ssIgn-
thousand nine hundred and seventy-one dollars and twenty-si cents, in Glenn.
full of a balance of a judgment certified by the United States district
court for the district of Kentucky, at the December term, eighteen hun-
dred and twenty-two, in favor of the said Hugh Glenn, in a suit wherein
the United States was plaintiff and the said Hugh Glenn was defendant; Asip to
the said sum having been assigned by the said Hugh Glenn, the said as- show subsistng
signees filing with the said secretary good and sufficient evidence of said title.
assignment and of present subsisting title thereto.
APPRovED, March 8, 1859.

CHa". XCVIII-An Adt for tie Relif of Rnocl B. Tak^tt lAge Colecor of Custs March 8, 1859.
at Oego, New York.
Be it enacted by the Senate and House of Representatives of the United
&ates of America in Congress auembled That there shall be paid to
Enoch B. Talcott, out of any money in the treasury not otherwise appro- P0&97 to1b
priated, four hundred and fifty-two dollars and ninety-seven cents, the OtL
amount lost by him by the robbery of the custom-house at Oswego, New
York, on the night of December ninth, eighteen hundred and fifty-seven,
whilst he was the collector of customs for that district.
APPROVYD, March 8, 1859.

CHAP. XC.-An Act Mfr t B ief of Willa. M. Biso Manh 8, 1859.


Be it enacted by the Senate and House of ependative of tae United
&ates of America in Congress assemle That the Secretary of the Treas-
ury be, and he is hereby, directed in the settlement of the accounts of
William M. Harrison, collector of customs for the port ofRichmond, Vir-
ginia, to allow the said Harrison the sum of ($8,508.00) three thousand $4,M.68 to be
five hundred and three dollars, the balance missing of the money stolen = Z.
from the custom-house on the night of twelfth October, eighteen hundred
and fifty-seven; and the further sum of ($1,882.68) thirteen hundred and
thirty-two dollars sixty-eight cents, it being the amount of reward paid by
the said Harrison for the reeovery of the stolen money and the conviction
of the thieves.
APPRovun, March 8, 1859.

CHa". 0.An Act~$w the Weifof Lucy A. Wakefel, WIdow of Eesjamix Wakefek. Marh 5, 1859
Be it enacted by the Senate and Howme of Represeneativesof th Utited
&aes of America in Congress asse*be That -the proper accounting

HeinOnline -- 11 Stat. 569 1837-1868


570 THITY.FIFTH CONGRESS. Sss. IL CM. 101, 102. 1859.
Former appro- officers of the treasury be, and they are hereby, authorized and directed
paidL cv A to pay to Lucy A. Wakefield, the widow of Benjamin Wakefield, or in
Wakefield. case of her death, then to his child or children, the amount of the appro-
priation made for the relief of the said Benjamin Wakefield by act of
1858, ch. 100. Congress of date June the fifth, eighteen hundred and fifty-eight.
Au, p. 540. APPRovxD, Mmch 8, 1859.

March 8, 1869. Cr. 01.-An Act for the RdiefofFerdnadCon.


Be it enacted by the Seate and Hous of Representative, of te United
States of Amertica in Oongress assemed That the Secretary of the Treas-
ury be, and he hereby is, directed, out of any money n the treasury not
$66.69 to be otherwise appropriated, to pay to Ferdinand Coxe the sum of six hundred
~erne~nd and sixty-two dollars and sixty-nine cents, being in fall for his salary as
charg6 d'af'aires at the court of Brazil, from the twelfth day of May,
eighteen hundred and fifty-three, to the sixteenth day of August, eighteen
hundred and ffity-three, inclusive; the said sum being the difference be-
tween said Coxe's salary as secretary of legation and the full salary of
chargi d'afhires.
Amriovw, March 8, 1859.

March 8,1859.. MAPi. CIL-An Act/or the Relief /John , of und.


Be it enacted ky the &nate and House of Representatives of tde Unted
atesof Ameri in g ass d. That the Seretary of the Inte-
rior be, and he is hereby, authorised and directed to place the name of
John Perry to John Perry, of Illinois, on the list of invalid pensioners, at the rate of
haemont
Feb om eigh
ismont fro Anno doDominirpeonemonth,, commencing
thousand on theand
eight hundred fiteenth day of
fifty-eight, andFebruary,
continue
during his natural life.
APRovED, March 8, 1859.

HeinOnline -- 11 Stat. 570 1837-1868


RESOLUTIONS.

[No. 8.1 A R utionr


-. tMe R,,fof Wma, Haaea Wiag. Feb. 2, 1.
Resovd &j the S"nt and Homse of Representatives of tMe -United
ury be, and [be] is hereby, directed to examine and readjust the accounts obe
of William Hazzard Wigg, stated under authorWty of the act of Congress ji H
for his relief, approved on the third of March, eighteen hundred and fifty- 1858, oh. 18.
three, and ascertain the alleged clerical error whereby the sum of one Vol. .p.768.
thousand five hundred and sixty dollars is supposed to have been with-
held, and to pay the same to him out of any money in the treasury not
otherwise appropriated, according to the true intent and meaning of said
act.
APROVED, February 2, 1859.

[No, 5.]JoiAW ton to correc a ded Errorin "An At fr de Rief of Isa Feb. 5,189.
Body and &aud Pming., 1868,OL. 98.
Resokvd b tMe Senate and House of Repmeentatve f the United erical mo
Mates of America in Congress assnembed, That the wods " the north-to be crrected
west quarter of section twenty," where they occur in the "Act for the In act for relief
of I' Body
relief of Isaac Body and Samuel Fleming," approved June fifth, eighteen and Samuel
hundred and fifty-eight, shall read, and be held to mean, the northwest Fleming.
gtarter of section beentitie, the word nine having been erroneously 18U, c.O.
omitted from said act. A P 589.
APPROVED, February 5, 1859.

[No. 11.] Join Reouonfirthe Reief of Midae Pappwaiza. Feb. 26,1859.


Resolved b the &natde and Home of Repontadve of the United
&ates of America in Congress assembe That the President be, and he
is hereby, authorized to extend the provisions of the joint resolution ap- Fesolution of
proved March three, eighteen hundred and fifty-three, entitled "A reso- MahVol. X.1,188,
.262,
lution for the relief of the Spanish consul and other subjects of Spain extendepo t
residing at Key West by indemnity for losses occasioned in the year -of Mlehael
eighteen hundred and fifty-one," to the case of one Michael Pappreniza, Peplza.
an Austrian subject, who, it is alleged, sustained losses at the same time
in consequence of his being supposed to be a Spaniard: Provded, That Pa"'V
the amount allowed as indemnity to said Pappreniza shall not exceed the to Indemnltyv not
exeed g20 "
sum of two hundred dollars..
APPROVED, February 26, 1859.

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HeinOnline -- 11 Stat. 572 1837-1868
TREATIES.

HeinOnline -- 11 Stat. i 1837-1868


HeinOnline -- 11 Stat. ii 1837-1868
LIST
031 %=D

TREATIES CONTAINED IN VOLUME ELEVENTIL

R18e
Conveft beue th Chocaw and Cldkas&w. Chickasaw district to be formed In the Choc-
taw country. Concluded January 17, 1887. Approved and confirmed, March 24, 1887. 578
2hty eta the Uted &at of America and ta &ordge and Mann n& of lIdima. Ces-
sion of territory to the United States: Removal to the West. Concluded September 8,
1889. RatifiedMay 18, 1840 ..................................................... 577
T2ret between te United Staterof America and the W dt Ntaton of Indians. Cession of land
to the United States: Grant and payment by the United States : Removal to the West
Concluded March 17, 1842. Ratified, October 6,1842 ............................... 581
Cowaton with the "as Conftdtos. Friendship, commerce, &c., pnd the surrender of fugi-
tive criminals. Concluded and signed at lerne. November .5, 1850: Ratifications ex-
changed at Washington, November 8, 186: Proclaimed by the President, November 9,
1866 ........................................................................... 587
Z with Jaan Peae, amity, Comme &c. Concluded and signed at Kanagaw!, March
81, 1854: Ratifications exchanged at Simoda, February 21, 1856: Proclaimed by the
President, June 22, 186 ......................................................... 587
Srplanentasj articleto the Trhtj wM the £le 7Wb of Indans conchuad at Fort Gson, Noven-
ber 28, 1888. Portions of said treaty annulled. Signed June 18, 1854: Ratified by the
Senate, July 21, 1864 ............................................................ 599
Cmnwtip wAv His Highness the Duke of Brunswick and LaweS.1. Rights of citizens of each
country as to disposing of personal property in the territory of the other. Concluded
and signed at Washington, August 21, 184: Ratifications exchanged at Washington,
July 28, 1855 : Proclaimed by the President, July 80,1865 ........................... 601
2$-ty with the con &eerateTribes of the Ottoe and Missouria Indians. Supplementary article to
Treaty of March 1, 1864. Concluded and signed at Nebraska City, December 9 1864-
Ratified by the Senate, February 28, 1855: Proclaimed by the Peaident, April 10, 1866. 605
Covention.with His Majesty the Kin of the Kingdom of the Two ,Siei'e. Bights of neutrals at
sea. Concluded and signed at Naples, January 18, 1855: Ratifications exchanged at
Washington, July 14, 1856: Proclaimed by the President, July 16,1866 ............... 60
2Waty with the Chctaws and Chichasaws. Cson of lands to the United States : lands secured
to the Indians, payment of mone to the Indians, &c. Concluded and signed at Wash-
ington, June 22, 1865: Assent of the Chickasaws, October 8 1855 : Assent of the Choc-
taws, November 16, 1866: Ratified by the Senate, Februar7 it, 1866: Proclaimed by the
President, March 4, 186 ......................................................... 611
2Wey with the Ottawa and Clsppewa Indians of Michigan. Grants of land to the Indians :
United States released -om certain former treaty obligations. Concluded and signed at
Detroit, July 81,1855: Ratified with amendments by the Senate, April 15,185 : Amend-
ments assented to by the Indians, June 27, 186: July 2, 1856: July 6, 186: July 81,
1866: Proclaimed by the President, September 10, 1856 ............................. 621
Dety sih de Cdppewa Indians of Sault Ste. Marie. Surrender of fishing right. Concluded
and signed at Detroit, August 2, 1855: Ratified by the Senate, April 16, 1856: Pro-
claimed by the President, April 24, 186 . ............................... , ........ 681
lka i the Chippe Indians of Saginaw and of Swan Cuedk and Black River. Cession of
lands to the United States: Grant of lands and annuities to the Indians. Concluded
and signed at Detroit, August 2, 1866: Ratl#ed by the Senate with amendments, April
16, 1866: Amendments assented to at Sagipaw, May 14,1856: Proclaimed by the Pres-
ident, June 21, 1866 .............................................................. 688
Convention with His Mjt theo King of te Kingdom of the Two Sicilies Peace, friendship, Com-
merce, rights o Zzens of each country in the territory of the other, extradition of
criminals, &c. Concluded and signed at Naples, October 1, 1866: Proclaimed by the
President, December 10,1856 ..................................................... 689

HeinOnline -- 11 Stat. iii 1837-1868


iv LIST OF THE TREATIES CONTAINED IN THIS VOLUME. lgs,
zl w toA do Bka&t and ofter 2hks of hdam. Friendship with the United States and
peace with each other, and with certain other tribes, annuities, &c. Concluded and
signed at the council ground on the U Msuri, "i., October 17, 1865: Ratified by
the Senate, April 16,1866 : Proclaime by the President, April 26, 1856 ........... 67
2eraty ith the Sockbridge and Mumee 7ibe of indians. Cession of lands to the United States:
Grant of lands by the United States to the Indians and payment of annuities. Con-
eluded and signed at Stockbridge, Wisconsin, Februar 5,186: Ratified by the Senate
with amendments, April 18, 1866: Amendment assented to by the Indians, July 29,
1856: Proclaimed by the President, September 8, 1856 ............................... 68
T Waty with the Menomonee Tribe ofldians. Cession of lands to the Upited States for the Stock-
bridge and Munsee Indians, payment therefor, &a. Concluded and signed at Keshena,
Wisconsin, February 11, 1856: Ratified by the Senate, April 18, 1868: Proclaimed by
the Piesident, April 24, 1856 ............................. ....................... 679
Treqt btween the United States of Amterca and the EMydom of Siam. Friendship, commerce,
consuls, duties. Concluded atBangkok, May 29,1856: Ratified, March 16, 1867: Rati-
fications exchanged at Bangkok, June 16, 1857: Proclaimed by the President of the
United States, August 16, 1868 ................... .............................. 688
Convention with R'&Majesy the Emperor of Austria. Extradition of criminals. Concluded and
signed at Washington, July 8, 1868: Ratifications exchanged at Washington, December
X8, 1856: Proclaimed by the President, December 16, 186 .......................... 691
Cbicat' with th e/obli ofPer. Rights of Neutrals at Sea. Signed at Lima, July 22,1856:
Ratified b the President, October 22, 1857: Ratifications exchanged at Washington,
October 81,1857: Proclaimed by the President, November 2, 1857.................... 695
2Teaty with tas-Cee and &s TKrie of niuans. Cession of lands by the Creeks to the
Seminoles, &c.: Payments to the Creeks and Seminoles: Removal of Seminoles. Con-
cluded and signed at Washington, August 7, 1856: Ratified by the Senate with amend-
ments, Augut 16, 1856: Amendments assented to by the Indians, August 18, 1866:
Proclaimed by the President, August 28,1866 ...................................... 699
Treaq with Persia. Friendship, commerce, &c. Concluded at Constantinople, December 18,
186W: Ratified by the President, March 12, 1857: Ratifications exchanged at Constan-
tinople, June 18, 1857: Proclaimed by the President, August 18, 1857................. 709
Cowaon with th GrandDu* of Baden. Mutual surrender of criminals, fiugitives from jus-
tice, in certain cases. Concluded at Berlin, January 80,1867: Ratified by the President,
March 28,1857 : Ratifications exchanged at Berlin, April 21, 1867 : Proclaimed by the
President, May 19, 1867 .......................................................... 711
Convention with BS? Majesty th a. For the discontinuance of the Sound Dues.
Dated at Washington, April 11, 1867: Ratified by the President, January 7, 1868: Rati-
fications exchanged at Washingtoen; January 12, 1858: Proclaimed by the President,
January 18, 1858 ................................................................ 719
Traty befta,t4e
United A mtofAmeri and thd mpire ofJapa&N Commercial intercourse:
Ports open. Concluded at Simoda, June 17,1867. Ratified and proelaimed by the Pres.
ident of the United States, June 80, 1868 ................................728
Cinivention betwpeen the (baited8Sates of America and the Republi of Peru, iateepweia the XL7A
artide f the t of .Tuly 26, 1851. Whale ships exempt from certain duties. Signed at
Lima, uly 4, 1867: Ratified by the Pred4ent of the United States, May 7, 1858: Rat-
fications exchanged at Washington, October 18, 1858: Proclaimed by the President of
the United States, October 14, 18568 ............................................... 72
Traty wa tMe
four ofederate Band of Pawntee bdn. Cession of lans protection of the
Pawnees, &c. Concluded September 24,1867: Ratified, with amendment, by,the Senate,
March 81, 186: Amendment assented to at Washington, April 8, 188. Prdelaimed by
the President, May 26, 1868 ...................................................... 729
Treaty betwen the United &daes of Amrfiica and th Tonawanda Band of ,Sieca Indians. Relln-
qu*shment by the Indians of former treaty claims: Compensation therefor, and how to be
disposed of by the United States. Concluded in Genesee County, New York, November
5, 1857: Supplemental articles, November 6, 1867: Ratified by the Senate, June 4,1868:
Proclaimed by the President, March 81,1869 ....................................... 786
donetion
baeen the United Sta and Fkance; .greehing to an additional article to te ehadition
convention between the two countries. Extidition of criminals. Signed at Washington,
February 10, 1858: Ratifications exchanged at Washington, February 12, 189: Pro-
claimed by the President of the United States, February 14, 1859 ............... 41
Treaty between the United Stawe of America and the Yancton This of Sioux, or Dacotahi, Indians.
Cession pf lands to the united States: Reservations secured to the Indiana: Grants, &c.
Concluded at Washington, April 19, 188. Ratified by the Senate, February 16, 1069.
Proclaimed by the President of the United States, February 26,1859 ................. 748
Treaty of Fort Larare. September 17, 1861 ......................... ............... 749

HeinOnline -- 11 Stat. iv 1837-1868


TREATY BETWEEN THE OHOCTAWS AID CHIOKASAW& JAx. 17,1857. 578

TREATIES.

Ce tion &e= to actawo a O e. Cncded iwA y Jan 17, 180.


17,1887. Approod an OnJrmec March 24, 1887L
ArriOLics of convention and agreement made on the seventeenth day Negotiators.
of January, one thousand eight hundred and thirty-seven, between the un-*
dersigned chiefs and commissioners, duly appointed and empowered by the
Choctaw tribe of red People, and John McLish, Pitman Colbert, James
Brown, and James Terry, delegates of the Chickasaw tribe of Indians,
duly authorized by the chiefs and head men of saidpeople. for that pur-
pose, subject to the approval of the President and Senate of the United
States.
ARTCLE- I. It is agreed by the Choctaws that the Chickasaws shall hiokasaws
have the privilege of forming a district within the limits of their country, trier a dig-
to be held on the same terms that the Choctaws now hold it, except the taw country.
right of disposing of it, which is held in common with the Choetaws and
Chickasaws, to be called the Chickasaw district of the Choctaw Nation, to
have an equal representation in their General Council, and to be placed
on an equal footing in every other respect with any of the other districts
of said nation, except a voice in the management of the consideration Conditlons and
which is given for these rights and privileges; and the Chickasaw people limitation
to be entitled to all the rights and privileges of Choetaws, with the excep-
tion of participating in the Choctw annuities, and the consideration to be
paid for these rights and privileges, and to be subject to the same laws to
which the Choctaws are; but the Chickasaws reserve to themselves the
sole right and privilege of controlling and managing the residue of their
funds, as far as is consistent with the late treaty between the said people
and the Government of the United States, and of making such regula-
tions and electing such officers for that purpose as they may think
proper.
ARTioLx IL The Chickasaw-district shall be bounded as follows, viz: Boundaries of
beginning on the north bank of Red River, at the mouth of Island bayou, district.
about eight or ten miles below the mouth of False Wachitta, thence run-
ning north along the main channel of said bayou to its source; thence
along the dividing ridge between the Wachitta and Low Blue rivers, to
the road leading from Fort Gibson to Fort Wachitta; thence along said
road, to the line dividing Mushallatubbee and Puashmatabaw districts;
thence, eastwardly, along said.district line, to the source of Brushy Creek;
thence, down said creek, to where it flows into the Canadian River, ten or
twelve miles above the mouth of the south fork of the Canadian; thence,
west, along the main Canadian River, to its source, if in the limits of the
United States, or to those limits; and thence, due south to Red River, and
down Red River to the beginning.
ARTICLE 111. The Chickasaws agree to pay the Choctaws, as a conid- Payment for
t
eration for these rights and privileges, the sum of five hundred and thiriy he privileges
thousand dollars; thirty thousand of which shall be paid at the time, and
in the manner, that the Choctaw annuity of 1837 is paid; and the remain-
ing five hundred thousand dollars to be invested in some safe and secure

* Published in compliance with a resolnion of the Senate of the United States,


dated February 9, 189.

HeinOnline -- 11 Stat. 573 1837-1868


674 TREATY BETWEEN TE CHOCTAWS AND CHYCKASAWS J". 17, 1887.

stocks, under the direction of the Government of the United States, re-
deemable within a period of not less than twenty years; and the Govern-
ment of the United States shall cause the interest arising therefrom to be
paid annually to the Choctaws, in the following manner: twenty thousand
dollars of which to be paid, as the present Choetaw annuity is paid, for
four years, and the residue to be subje9t to the control of the General
Council of the Choctaws ; and, after the expiration of the four years, the
whole of said interest to be subject to the entire control of the said
council.
Differences as AnTI=LE IV. To provide for the future adjustment of all complaints or
to the
tion .trO-
o tils agree- dissatisfactions
hvesoln which may arise to interrupt the peace and harmony which
ment to be refer- hav so lng and so happily existed between the Choctaws and Chicka-
red to the Ooo- saws, it is hereby agreed by the parties that all questions relative to the
taw Oge, construction of this agreement shall be referred to the Choctaw agent, to
be by him decided; reserving, however, to either party, should it feel
Apel to the itself ag ieved thereby, the right of appealing to the President of the
United States, whose decision shall be final and binding. But, as con-
siderable time might elapse before the decision of the President could be
had, in th mean time, the decision of the said agent shall be bind-
ing.
Both to have ARTICLZ V. It is hereby declared to be the intention of the parties
equal rights and hereto, that
equal rights and privileges shall pertain to both Choctaws and
privileges. Chickasaws to settle in whatever district they may think proper, and to be
eligible to all the different offices of the Choctaw Nation, and to vote on
Except. the same terms in whatever district they may settle, except that the Choc-
taws are not to vote in any ise for officers in relatio'n to the residue of
the Chickasaw fund.
Signature. In testimony whereof, the parties hereto have hereunto subscribed their
names and affixed their seals, at Doaksville, near Fort Towson, in the
Choctaw country, on the day and year first aboye written.
In the presence of-
WKL ARMSTRONG, Act. Supt. Vesn Te?,
HENRY 1. CARTER, Conductor of th Chickw. Ddeegn,
JOSIAH S. DOAX1
VINOT. B. TIMS,
DANIEL MoCURTAIN, U. & .h retr,
P. J. HUMPHREYS,
J. T. SPRAGUE, Lieut. U.S Zot,
THOMAS LAFLOOR, his x mark, 7Mef of Oakfala a diserio,
NITUCHACHUE, his x mark, Chief of Pusmatahawdijhit,
JOSEPH KINCAID, x his mark, Chief of Afudlalatubbee distrit,
Jommsoners of the Choaw Ration-
P. P. PITCHLYNN, . 'SEAL.'
GEORGE W. HASKINS, SEAL.
ISRAEL FOLSOM, [sE.]
R. I. JONES, EsnA.
SILAS D. FISHER, SLni.]
SAMUEL WOWSTER, Lanai.
JOHN MoKENNEY, x
EYACHAHOFAA, x
NATHANIEL FOLSOM, x
LEWIS BRASHEARS, x
JAMES FLETCHER, x
GEORGE PUSLEY, x
OAK-CHI-A, X
THOMAS HAYS, x

HeinOnline -- 11 Stat. 574 1837-1868


TREATY BETWEEN THE CHOCTAWS AND CHICKASAWS. JAx. 17,1887. 575
PIS-TAM-BEE, x
HO-LAH-TA-HO-MA, x
E-YO-TAH, x
ISAAC PERRY, x
NO-WAH-HAM-BE, x
COaWuuae deydot-
J. McIUSH,
PITMAN COLBERT,
JAMES BROWN, his x mark.
JAMES PERRY, his x mark.
In the presence of
'Wic ARExsThoNG, Acting &perintend#ii Westernz Territory,
HmRr R. CARTER, Ooductorofthe Oicka a Ddegation,
JosxkH S. Dox,
VnoT. B. Tis,
DANM MCCURTAIN, U. i pr ,
. I. HumPHRzTS,
J. T. SPRAGuE, Lieut. U. A ops.
WmnuRAS a convention or agreement was made and entered into at
Doaksville, in the Choctaw Country, on the seventeenth day of January,
eighteen hundred and thirty-seven, by and between the Choctaw and
Chickasaw Tribes of Indians, which convention or agreement was made
subject to the approval of the President and Senate of the United States ;

And whereas the Senate, by their resolution passed on the twenty-fifth


day of February last, did approve of the said convention or agreement,

Now be it known that I, MARTIN VAN BUREN, President of the


United States of America, having seen and considered the said convention
or agreement, do, by these presents, declare that I approve and confirm
the same, and every clause and article thereof.

Given under my hand, at the City of Washington, the twenty-


fourth day of March, in the year of our Lord eighteen hun-
dred and thirty-seven, and of the independence of the United
States the sixty-fiLt.
. VAN BUREN.
By the President:
Jomi Fo-srr, Scretar7of &at.

HeinOnline -- 11 Stat. 575 1837-1868


HeinOnline -- 11 Stat. 576 1837-1868
TREATY WITH THE STOCKBRIDGES AND XTNSEES. SmW. 8, 1889. 577

Ziwtq betwen tke UnW&t fAnerica and abe Stocdidg and


Kwse 2-beof Indin&O
MARTIN VAN BUREN,
P1MSIWENT OF THE UNITED STATES OF AMERICA,

TO ALL AND SInGULaR TO WHOM TBNa5 PRUUNTS SHALL COMI, GRnETflG: Sept. 8, 19.

Wkmus, a treaty was made at Stockbridge, in the Territory of WiS. Negotlatos.


consin, on the third day of September, one thousand eight hundred and
thirty-nine, between the United States of America, by their Commissioner
Albert Gallup, and the Stockbridge and Munsee tribes of Indians, who
reside upon Lake Winnebago, in the Territory of Wisconsin ; which
treaty is word for word as follows, to wit:
Articles of v treaty made at Stockbridge, in the Territory of Wisconsin,
on the third day of September, in the year of our Lord one thousand eight
hundred and thirty-nine, between the United States of America, by their
Commissioner, Albert Gallup, and the Stockbridge and Munsee tribes of
Indians, who reside upon Lake Winnebago, in the Territory of Wis-
consin.
AnTioL. L The Stockbridge and Munsee tribes of Indians, (formerly Relinquishment
*of New York,) hereby cede and relinquish to the United States, the east 0fbtertrytothe
half of the tract of forty-six thousand and eighty acres of land, which was te a.
laid off for their use, on the ast side of Lake Winnebago, in pursuance of
a treaty made by George B. Porter, Commissioner on the part of the
United States, and the Menominee nation of Indians, on the twenty-
seventh day of October, one thousand eight hundred and thirty-two.
The said east half, hereby ceded, to contain twenty-three thQusand and
forty acres of land, to be of equal width at the north and south ends,
and to be divided from the west half of said tract of forty-six thousand
and eighty acres, by a line to be run parallel to the east line of said tract.
The United States to pay therefor, one dollar per acre at the time and in
the manner hereinafter provided.
ARTICLB IL Whereas, a portion of said tribes, according to a census Payment to
or roll taken, and hereunto annexed, are desirous to remove west, and the those emigrating
others to remain where they now are; and whereas the just proportion of forI-
the emigrating patty in the whole tract of forty-six thousand and eighty
acres, is eight thousand seven hundred and sixty-seven and three fourths
acres of land, it is agreed that the United States pay to the said emigrat-
ing party, the sum of eight thousand seven hundred and sixty-seven dollars
and seventy-five cents, as a full compensation for all their interest in the
lands held by the party who'remain, as well as in the lands hereby ceded
to the United States.
AnTICLz IIL Whereas the improvements of the emigrating party are United States
on that part of the original tract which is reserved and still held by the to pay valuets of
party who remain in Stockbridge, and it is but equitable that those who iem en to
remain should pay those who emigrate for such improvements ; it is
agreed that the United States shall pay to the emigrating party the sum
of three thousand eight hundred and seventy-nine dollars and thirty cents,
the appraised value of said improvements; and it is hereby agreed and
expressly understood, that the moneys payable to the emigrating party

* Published in compliance with a resolution of the Senate of the United States,


dated February 9, 1859.
VOL. XI. TRBitT.76

HeinOnline -- 11 Stat. 577 1837-1868


578 TREATY WITH THE STOCKBRIDGES AND MUNEES. Sm". 8, 1839
shall be distributed among the heads of families according to the schedule
hereunto annexed, the whole amount to be paid to the emigrating party,
under this and the preceding article being the sum of twelve thousand six
hundred and forty-seven dollars and five cents.
Payment of ARTCLE IV. The balance of the consideration money for the lands
balance. hereby ceded, (after deducting the sums mentioned in the second and
third Articles,) amounting to the sum of ten thousand three hundred and
ninety-two dollars and ninety-five cents, is to be paid to, and invested for
the benefit of, such of the Stockbridge aod Mursee.tribes of Indians (num-
bering three hundred and forty-two souls) as remain at their present place
of residence at Stockbridge on the east side of Winnebago Lake, as
follows:
Mode of pay- Six thousand dollars of said sum to be invested by the United States
ment. in public stocks at an interest of not less than five per cent. per annum as
a permanent school fund; the interest of which shall be paid annually to
the sachem and counsellors of their tribes, or such other person as they
may appoint to receive the same, whose receipt shall be a sufficient
voucher therefor; and the balance thereof amounting to four thousand
three hundred and ninety-two dollars and ninety-five cents, shall be paid
to the said sachem and counsellors, or to such person as they may appoint
to receive the same, whose receipt shall be a sufficient voucher therefor.
To be paid in ARTICLE V. The moneys herein secured to be paid by the United
one year. States to the Stockbridge and Munsee tribes, amounting in all to.twenty-
three thousand and forty dollars, are to be paid in manner aforesaid, in
one year from the date hereof, or sooner if practicable.
United States ARTICLE VI. It is agreed that an exploring party, not exceeding three
wll pay expense in number, may visit the country west, if the Indians shall consider it
necessary, and that whenever those who are desirous of emigrating shall
signify their wish to that effect, the United States will defray the expenses
of their removal west of the Mississippi, and furnish them with subsistence
for one year after their arrival at their new homes. The exoenses of the
exploring party to be borne by the emigrants.
Agent of U. a. ARTICLE VIL Whereas there are certain uniquidated claims and
to sele accounts accounts existing between the emigrating party and those who remain
between the emi-
grants and thee where they now are, which it is now impossible to liquidate and adjust;
who remain, it is hereby agreed that the same shall be submitted to the agent of the
United States who shalj be appointed to make the payments under this
treaty, and that his decision shall be final thereon.
Signatu. In witness whereo; we have hereunto set our hands and seals this third
day of September, in the year of our Lord one thousand eight hundred
and thirty-nine.
ALBERT GALLUP, tL. 5.]
Cbmmisaowe on gas part of &~ Unite &ates
AUSTIN E. QUINNEY, Scm . s.
THOMAS T. HENDRICK, L. 5.
JOHN METOXEN, L. 5.
JACOB CHICKS, *L. S."
ROBERT KONKAPOT, his x mark. *L. a.'
CAPT. PORTER, Munsee ief, his x mark. L. S.
JAMES RAIN, Mu . War CMif, his x mark. L.*

STOOKBRMGEs.
TIMOTHY JOURDAN, LS]
BENJ. PALMER, his x mark. 1L. S:
JOHN N. CHICKS, L
JOHN W. QUINNEY,
JOHN P. QUINNEY, a..
JOHN W. NEWCOMB, S..

HeinOnline -- 11 Stat. 578 1837-1868


TREATY WITH I 'ISTOCKBRIDGES AND MUNSEES. SEPT. 11889. .579

THOMAS S. BRANCH, [L. S.]


LEVI KONKAPOT, his x mark. (z' .
JOHN LITTLEMAN, L.s.
PETER SHERMAN, his x mark. . B.
J. L. CHICKS, CL.s.]

MUNSEE.
JOHN M KILLSNAK. (L. s.)
STOCKBRMGUS.
JEREMIAH SLINGERLAND, L. s.
JONAS THOMPSON, his x mark. L. S.'
ELI HENDRICK, s.
a.
ELISHA KONKAPOT, his i mark. .L. S.
HENRY SKICKET, L. s.'
SIMON S. METOXEN, L.s."
SAMUEL MILLER, L. s.
GERRET THOMPSON, his x mark. 'L. a.
DANIEL DAVID, r. s.
ZIBA T. PETERS, L. s.
SIMEON KINKAPOT, his x a L. s."
DAVID ABRAMS, his x mark. .. 5.
JONAS IkONKAPOT, his x mark. L 8.
DAVID CALVIN, his x mark. .. s.
BENJAMIN PYE, am;, his x mark. L. S.
AARON NINHAM, L. S.

Signed and sealed in presence of


A. S. KzLLOGG.
CUTIN G MAIs.L
CLA.K Wm u.Yn
Joms DzzN.
JoHN WxLBn.

HeinOnline -- 11 Stat. 579 1837-1868


580 TR ATY WITH THE STOCKBRIDGES AND MUNSEES. Sm. 8, 1889.
Boa and hedule referdto in Alwods IL and M. of Aeforegoing 7 6ea*.

Names of heads of farlies of


emlgratng party. %0%
;C In

Thomas T. Hendrick, 6 718 $718.00 $480.50 $1,198.50


Robert Konkapot, 4 4901 490.50 989.00 1,429.50
Timothy Tousse, 6 642 642.00 185.00 777.00
Elisha Konkapot, 6 642 642.00 67.50 709.50
Cornelius Charles, 7 686 686.00 - 686.00
Jonas Konkapot, 8 821 821.00 56.25 877.25
Levi Konkapot 1 107 107.00 884.00 491.00
David Abrams, 2 214 214.00 - 214.00
Dolly Dockstader, 6 5971 597.50 168.75 766.25
Eli Hendrick, 8 821 821.00 288.25 559.25
Simeon Konkapot, 8 821 821.00 - 821.00
Lydia Hendrick, 1 107 107. 805.00 412.00
Thomas S. Branch 1 1811 181.50 - 181.50
John Baldwin, 1 107 107.00 - 107.00
John W. Newcomb, 5 685 585.00 - 585.00
Jonas Littleman, 1 107 107.00 - 107.00
Henry Skickett, 8 821 821.00 - 821.00
Betsy Bennet, 1 107 107.00 - 107.00
Peter Sherman, 1 107 107.00 890.00 497.00
David Calvin, 1 441 44.50 - 44.50
Eli Williams, 1 107 107.00 - 107.00
Catharine Littleman, 6 642 642.00 - 642.00
Jamnes Rain, 6 642 642.00 40.00 682.00
Big Deer, 1 107 107.00 - 107.00
Ziba T. Peters, 8 246j 246.25 144.80 890.55
Cornelius Chemaucum, and 2 214 214.00 - 214.00
other heirs of Phebe Duehsm - 1871 187.50 580.75 718.25
8018,767* 8,767.75 8,879.80 12,647.05

RAMtoM. Now, therefore, be it known, that I, MARTIN VAN BUREN, Presi-


dent of the United States of America, having seen and considered said
treaty, do, in pursuance of the advice and consent of the Senate as ex-
pressed in their resolution of the 18th day of May, one thousand eight
hundred and forty, accept, ratify, and confirn the same, and every article
and clause thereof.
In testimony whereof, I have qaused the seal of the United States to
be hereunto affixed, having signed the same with my hand.
Done at the City of Washington, the sixteenth day of May, one
r".s.j
LJ thousand eightStates
of the United hundred and forty, and of...the Independence
the sixty-fourth.. ..
X. VAN~ BURELN.
By the President:
Jom Fozsi, &moe of &a&.

HeinOnline -- 11 Stat. 580 1837-1868


TREATY WITfH THE WYA1NDT INDIA1N8L VAw 17. 18a2 531

75eat* bstmwm U insd


d &taof Ameriea wd aie Wyando ffaio of
idians.

VOHN TYLER. Marob 17, 184

PRESWENT OF THE UMTED STATES OF AMERCA,


TO ALL AM BTGULA TO WHOM THMSX PHUWS sALL 03oO , ORSETItG:

WHznzAs, a treaty was made and concluded at Upper Sandusky,


Crawford county, Ohio, on the seventeenth day of March, in the year of
our Lord one thousand eight hundred and forty-two, between John Johnston,
commissioner on the part of the United States, and the chiefs, counsellors,
and headmen of the Wyandott nation of Ndisa, in full council assembled,
on the other part:
*And whereas said treaty having been submitted to the Senate for its Preamble.
constitutional action thereon, the Senate did, on the seventeenth day of
August one thousand eight hundred and forty-two, advise and consent to
the ratification of said treaty with certain amendmenti:
And whereas, the said Indians did, by their chiefs and counsellors, in
full council assembled, on the sixteenth day of September, one thousand
eigbt hundred and forty-two, give their free and voluntary assent to the
amendments made by the Senate in the resolution aforesaid ; which treaty,
resolution of the Senate making the amendments to said' treaty, and the
asent of the Indians to said amendments, are in the words following, to wit:
JOHN TYLER, President of the United States of America, by Negtato.
John Johnston, formerly Agent for Indian Affairs, now a citizen of the
State of Ohio, commissioner duly authorized and appointed to treat with the
Wyandott nation of Indians for a cession of all their lands lying and being
within the States of Ohio and Michigan; and the duly constituted chiefs,
counsellors, and headmen of the said Wyandott nation, in fall council assem-
bled, on the other part; have entered into the following articles and con-
ditions, viz:
AxTIOLz . The Wyandott nation of Indians do hereby cede to the Cession of
United States all that tract of land situate lying and being in the county lands to the U.S.
of Crawford and State of Ohio, commonly known as the residue of the
large Reserve, being all of their remaining lands within the State of Ohio,
and containing one hundred and nine thousand one hundred and forty-
four acres, more or less. The said nation as hereby cedes to the United
States all their right and title to the Wyandott Reserve on both sides of
the River Huron, in the State of Michigan, containing four thousand nine
hundred and ninety-six acres, be the same more or less, being all the re-
maining lands claimed or set apart for the use of the Wyandotte within
the State of Michigan; and the United States hereby promises to pay the
stum of five hundred dollars towards the expenses of removing the Indians
of the River Huron to Upper Sandusky. but before the latter clause of
this article is binding on the contracting parties, the consent of the head-
men of the River Huron Wyandotte is to be had in writing.
ARTio.. IL In consideration of the foregoing cession, the United States Grat by the
hereby grant to the aforesaid Wyandott nation, a tract of land west of the U. & to the Wy-
Mississippi River, (in a square or oblong form, as the chiefs of said nation aom:e..
Puet
may prefer,) to contain one hundred and forty-eight thousand acres, and to streu out fin ry
be located upon any lands owned by the United States, now set apart, or the amendmen.
P-1;,p.4sa.
* Publshed in compliance with a resolution of the Senate of t Unaited Btats
dated February 9,1859.

HeinOnline -- 11 Stat. 581 1837-1868


582 T RATY WITH T=- WYA& TT ImND S. miz*oN 17,1842.
may in future be set apart for Indian use, and not already assigned to any
Part In [] other tribe or nation, [and the United States having reserved three sections
and n Y of land of six hundred and forty acres each, withid the Shawanoese ter-
een
p p. ,84. ritory, immediately below the junction of the Kanza River with the Mis-
souri, for the purposes of erecting a fort thereon, and it being no longer
necessary to be retained for that use, they are hereby ceded to the said
Wyandott nation, bth of these cessions 'to be made .in fee simple to the
Wyandottt,and to their heirs forever.]
Annuity. AaTr0z IlL The United States agree to pay the Wyandott nation a
perpetual annuity of seventeen thousand live hundred dollars in specie, the
first payment to be made within the present year, 1842, to enable the
nation the more speedily to remove to their new home in the west ;--this
includes all former annuities.
School ARTICLE IV. The United States agree to make a permanent provision
of five hundred dollars per annum, for the support of a school, to be under
the direction of the ehiefs, and for no other purpose whatever, the first
payment to be made three years hence, and afterwards at the payment of
the annuity in each succeeding year.
Value of Ih- ARTICLE V. The United States agree to pay the Wyandotte the fuil"
proementsto be value of their improvements in the country hereby ceded by them in
Wu Ohio and Michigan, which valuation shall be made by two persons to be
appointed by the President of the United States, who shall be sworn faith-
fully to do justice to the parties, the amount of such valuation to be paid
at any time after the 1st day of April, 1848, as shall be acceptable to the
Wyandott chiefs, to meet their amngements for emigrating.
Debts. ARTICLE VI. The United States hereby agree to pay the debts due by
members of the Wyandott nation to citizens of the United States, amount-
Post p. 685. ing to * dollars in conformity to a schedule hereto annexed.
Improvements ARTICLE VIL The Wyandotts shall be allowed the use and occupancy
to be used On of their improvements until the lst of April, 1844, on the condition that they
condition. nor apy persons claiming or occupying under them by lease or otherwise
shall not commit waste or damage on the premises hereby ceded, but this
is not to prevent the United States from surveying and selling the land at
any time previous to the said 1st day of April, 1844.
Blackmith. ARTICLE VIII. The United States engage to provide and support.a
.blacksmith and an assistant blacksmith for the Wyandott nation, and to
furnish annually a sufficient quantity of iron, steel, coal, files, tools, and all
other things necessary and proper in such an establishment, and to erect a
suitable shop and house or houses for the residence of the blacksmith and
his assistant.
Sub-agent and .ARToLE IX. The United States engge to maintain and support a sub-
Intepreter, agent and interpreter to reside among the. Wyandotts, to aid them in the
protection of their persons and property, and to manage their intercourse
with the Government and Vditens of the United States.
Mission build- ARTICLE X. The buildings and farm occupied by the .mission of the
mp t0 "-sln- Methodist Episcopal Church, shall remain in possession of the present in-
eumbents untilithe Ist day.of April, 1844, and permission is hereby given to
harvest and remove the crop of fail grain which may be then sown.
Who may sare ARTICLE XI. All persons identified as members of the Wyandott
the annuity. nation, and their heirs, and who may emigrate to the west, shall participate
equally in the benefits of the annuity, and all other national privileges,
and it is expressly understood that these who do not emigrate, and any
that may hereafter cease to remain with the nation, will not be entitled to
the benefits and privileges aforesaid.
Vol. vm. p. 164 ARTICLE XII. Whereas by the 8th article of the treaty of Miami
Hel of Ho- Rapids of September 29th, 1817, there was granted unto Horonu, or
Vona.
*Blank filled by Senate amendment, (post p. 147.1 with ftw ge thaeuund
dght Awidred and dwet.

HeinOnline -- 11 Stat. 582 1837-1868


TREATY WITH THE WYANDOTT INDIANS. Ikzox 17i 1842. 588
Cherokee Boy, a Wjandott chief, one section of land to contain six hun-
dred and forty acres, and whereas the said Roronu. did, during his life-
time, sell and convey to James Whitaker one quarter-section of said land
containing 160 acres, which aale was confirmed by the President of the
United States. The said Horonu died in the month of March, 1826,
having by his last will bequeathed the remaining three quarter-sections,
containing 480 acres, to Squeendehtee and Sooharress, or Isaac Williams,
they being the nearest of kin to the deceased, now to the intent that the
purposes of the testator may be fully complied with, it is hereby agreed
the 480 acres of land, as aforesaid, shall be immediately sold under the
directiona of the President of the United States, and the nett proceeds,
after deducting all expenses, be paid over to the heirs aforesaid.
AuTIcLE XIII. The chiefs of the Wyandott nation hereby agree to re- Removal.
move their whole people to the west of the Mississippi River without any
other cost to the United States than the sum of ten thousand dollars ; five
thousand dollars of which is to be paid the said chiefs when the first
detachment of their people sets out on their journey to the west, and the
remaining five thousand dollars on the arrival of the whole nation at the
place of their destination in the west.
A.RTiCL XIV. The United States agree to grant by patent in fee simple Grant to etela
to each of the following named persons, and their heirs, all of whom are ps
Wyandotte by blood or adoption, one section of land of six hundred and
forty acres each, out of any lands west of the Mississippi * River set apart PoA, p. 586.
for Indian use, not already claimed or oceupied by any person or tribe,
viz: Silas Armstrong, John K Armstrong, Matthew R. Walker, William
Walker, Joel Walker, Charles B. Garrett, George Garrett, George J.
Clark, Irwin P. Long, Ethan A. Long, Joseph L.Tennery, Robert Rob-
ertaile, Jared S. Dawson, Joseph Newell, John T. Walker, Peter D. Clark,
James Rankin, Samuel McCulloch, Elliot McCulloch, Isaiah Walker, Wil-
liam M.Tennery, Henry Clay Walker, Ebenezer Z. Reed, and Joel Walker
Garrett, and to the following chiefs and councillors one section each,.Fran-
cis A. Hicks, James Washington, Squeendehtee, Henry Jaques, Tauroonee,
Doctor Grey Eyes, George Armstrong, Warpole, John Hicks, Peacock,
and George Punch. The lands hereby granted to be selected by the
grantees, surveyed and patented at the expense of the United States, but
never to be conveyed by them or their heirs without the permission of the
President of the United States.
ARTiO- XV. The United States agree to pay to William Walker and Payment for
Joel Walker, each, the sum of two hundred and fifty dollars, and to John s
M. Armstrong the sum of one hundred and f dollars, for services ren-
dered as interpreters in the progress of the negotiation; and to Warpole,
a former chief of the Wyandott nation, one hundred and fifty dollars,
money expended by him as one of the party who accompanied Joseph
McCutchen, a former commissioner of the United States, to the city of
Washington in September, 1839.
AoTICLE XVI. In the year 1812 the houses, barns, stables, fences, horses, Grant to Cath
cattle, and hogs, with f'arming utensils and household furniture, to a large arine Walker.
amount, the property of the late William Walker, of Brownstown, in the
Territory of Michigan, was destroyed by the enemy, while in the ocou-
paney of the United States fbrces; and by reason of his attachment to
the cause of his country, being a native citizen, taken prisoner in early life
by the Wyandott Indians, intermarried, and ever after living among them,
the evidence of all which is ample and conclusive. There is therefore
granted unto Catharine Walker, widow of the said William Walker, and
to his heirs, the sum of three thouisand dollars, in full satisfaction of their
aim, to be paid by the UnitedStates to her or them, after the ratification
of this treaty.

* The word "Missouri" substituted for "Mississippi" by Senate amendment.


Post, p. 147.

HeinOnline -- 11 Stat. 583 1837-1868


584 TREATY WITH THE WYANDOTT INDIANS. M[AC IT, 1842

Reservatie. AnTioL XVIL There shall be reserved from sale, and forever devoted
to public use, two acres of ground as near as can be in a square form, to
include the stone meeting-house and burying-ground near to and north of
Upper Sandusky, one acre to include the burying-ground on the bank near
the council-house at Upper Sandusky, and one half acre to include the
burying-ground on the farm of Silas Armstrong, which several lots of
ground shall forever remain open and free to all persona for the purpose
of interment, and houses of worship, and for no other purposes whatever.
When to take ARTE XVIII. This treaty shall take efect and be obligatoq on the
feot. contracting parties, as soon as the same shall be ratifed by the President of
the United States, by and with the advice and cnsent the he Senate thereof.

Slomtore. In testimony whereof the Said John Johnston, commissioner as aforesaid,


I and the chiefs and couneiliors and headmen of the Wyandott nation in
open council, at the council-house at Upper Sandusky in the county of
Crawford, and the State of Ohio, on the seventeenth day of March, in the
year of our Lord one thousand eight hundred and forty-two, have set their
names.
[EA..] JOHN JOHNSTON.
FRAN. A. HICKS, Pnhipal COef.
JAMES WASHINGTO, x
SQUEENDEHTEFA x
HENRY JAQUIS, x
TAUROONE, x
GEORGE ARMSTRONG, x
DOCTOR GREY EYES, x
Signed in presence of us,
Jomi W. Bz~n, M India Agent,
JA.=s RAN=, U. ,& etpreter,
G. C. Wowmz,
Jom CAReY,
SArUZi NECWZLL,
Srmnmm FOWLER,
CAA e. GmxrAnI
Jo3r WALcnn,
Casmsu WZLLS,
I DUDDLESON,
AxDREw GAi&NBR i jar.,
Jom JusTuS.

Nw TM SENATE OF' TIM UwiE STATUs,


.Avg"i 17, 1842.
Amendments. Besoltd (two thirds of the senators present concurring therein,) That
the Sedate advise and consent to the ratification of the treaty between the
United States of America and the Wyandott nation of Indians, concluded
at Upper Sandusky, Crawford county, Ohio, on the 17th Mareh, 1842,
with the following amendments :-
Ai&TIOLE II"Lines 4 and 5, strike out the words 1 in a square or oblong
form as the chiefs of said nation may prefer."
AnTICLE IL From the word nation in line 10, strike out to the end of
that article the following words: "and the United States having reserved
three sections of land of six hundred and forty acres each, within the
Shawnoese territory, immediately below the junction of the Kanza River
with the Missouri, for the purpose of erecting a fort thereon; and it being
no longer necessary to be retained for that use, they are hereby ceded to

HeinOnline -- 11 Stat. 584 1837-1868


TBB.TY WITH TIM-W1'A2WOTT- INDIAN& NAou 11, IU2. 58
the said Wypndott nation, both :of these eessions to be made in feb simple
to the Wyandotts and to their heirs forever.
ARTiCLz VI. Insert in the blafik line 4,the following words: " twenty-
three thousand eight hundred and sixty.'
ARnoxa XIV. Line 6, strike out '4Mississppif"and insert Afimn i.
Attest: (Signed) ASBURY DICKINS,

We, tho undersigned, chief, and counsellors of the Wyandott nation of Aet to
Indians, residing in the State of Ohio, and representing also the Wyan- amendments
dotts of the River Huron, in Michigan, do hereby give our free and vol- Ang."I'"
untary assent to the foregoing amendments made by the Senate of the
United States on the 17th day of August, one thousand eight hundred and
forty-two, to the treaty comcluded by us with the United States on the 17th
day of March, 1842, the same having been submitted and fuy explained
to us by John Johnston, commissioner on the part of the United States for
that purpose, in full council assembled.

In testimony whereof, we have hereunto set our hnnds and afmed our Slnature.
seals respectively, at Upper Sandusky, Ohio, the sixteenth day of Septem- SOPt 1, 184
ber,one thousand eight hundred and forty-two, 1842.

HENRY JACQUES, tpd Ohf,


inc'
this year, his x mark. L.s.
JAMES WASHINGTON, his x mark. 'L.a:
bOCTOR GREY EYES, his x mark. ". s.'
GEORGE PUNCH, sen., his x mark. 'L. s.
TAUROOMEB, his x mark. 'L.a.
JAMES BIG TREE, his x mark. '. s.
FRANCIS A. HICKS, L.S.

-in presence of us,


JoN JOEmSTO, U. S. Oomm0ieirme,
JAMEs RaKmI, U.&.Inerprter,
JomT CART,
JOSEPHX CHLPPEE,
J~zns WRntnzn, Jsuaatijto the Methodiid pecoaa £h'mk
Wyiandott,
WILLIAM X. BULL,
CEsA. GRAHAJ,.
H. J. STARE.
Now therefore, be it known, that I, JOHN TYLER, President of the Rat1felauon
United States of America, do, in pursuance of the advice and consent of Oct. 6,1842.
the Senate, as expressed in their resolution of the seventeenth day of
August, one thousand eight hundred and forty-two, accept, ratify, and con-
firm the said treaty, with the amendments set forth in the said resoldtion.

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 fifth day of Oetober in


the year of our Lord one thousand eight hundred and forty-
[Y. s.] two, and of the Independence of the-United Stdtes the sixty-
seventh.
JOHN TYLER.
By the President.
7ati.Acting &T
FOLETcH R WEBsTzR,
.etar--of
voL. xi. TRuAT-77

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CONVENTION WITH THE SWISS CONFEDERATION. Nov. 25, 1850. 587

TREATIES.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. Nov. 26, 18s.

A PROCLAMATION.
WmcRES a general convention of friendship, reciprocal establishments, Preamble.
commerce, and for the surrender of fugitive criminals, between the United
States of America and the Swiss Confederation, was concluded and signed
by their respective plenipotentiaries, in the city of Berne on the twenty-
ffth day of November, eighteen hundred and fifty; which convention, as
subsequently amended by competent authorities of the respective gov-
ernments, and being in the English and French languages, is word for
word as follows:
The United States of America Les Etats Unis d'Am6rique et
and the Swiss Confederation, equally la Conf6ddration Suisse 6galement
animated by the desire to preserve anim6s du ddsir de maintenir et
and to draw more closely the bonds de reserrer de plus en plus lee Hens
of friendship .which so happily exist d'amitid qui existent si heureuse-
between the two republics, as well ment entre lesdeuxrdpubliquesainsi
as to augment, by all the means at qued'accroitre, par tous les moyens
their disposal, the commercial inter- h leur disposition, les relations com-
course of their respective citizens, merciales de leurs citoyens respec-
have mutually resolved to conclude tit, ont de part et d'autre rdsolu de
a general convention of friendship, conclure un trait6 g6ndral d'amitiM,
reciprocal establishments, commerce, d'4tablissemens r6ciprques, de com-
and for the surrender of fugitive merce et d'extradition des criminels.
criminals.
For this purpose, they have ap- A cet effet, Us oat nomm6 pour
pointed as their plenipotentiaries, to leurs plnipotentiares, savoir: Negotiator.
wit:
The President of the United Le Pr4sident des Etats Unis, A.
States, A. Dudley Mann, special Dudley Mann, agent sp6dal des
agent of the United States an a Etat Unis en mission auprds de a
mission to the Swiss Confederation; Conf4ddration Suisse, et le Conseil
and the Swiss Federal Council, FMdral Suisse, Henri Druey, Pr-
Henry Druey, President of the sident de Is Confdd6ration Suidse,
Swiss Confederation, Director of Directeur du D6partment Politique,
the Political Department, and Fred- et Fr6ddric Frey-H6rosae, membre
erick Frey-H6rosde, member of the du Conseil Fdral, Direeteur du
Federal Council, Director of the Ddpartment du Commerce et des
Department of Commerce and of Pdages, lesquels, apras s'tre com-
Tolls; who, after a communication muniqud leurs pleins pouvoirs re-
of their respective full powers, have speetite, soot convenus des articles
agreed to the following articles: suivans:

ARTICLE L ARTICLE L
Respeotive cit-
Thedctizens of the United States Les citoyeas des Etats Unis Irens to be on a
of America and the citizens of Swit- d'Amdrique et les citoyens de la footing
ity. of equal-

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58 CONVENTION W[T THE SWISS CONFEDERATION. Nov. 26,1850.
zerland shall be admitted and treat- Suisse seront admis et trait6s sur
ed upon a footing of reciprocal un -pied d'4galit6 r6ciproque dan
equality in the two countries, where les deux pays, lorsque cette admis.
such admission and treatment shall sion et ce traitement n'snront rien
not confliet with the constitutional de contraire aux dispositions coneti-
or legal provieons, as well federal tutionelles on l6gales, taut f66arales
as State and cantonal, of the con- que des Etats et des cantons des
tracting parties. The citizens of parties contractantes. Les citoyens
the United States and the citizens des Etats Unis et lee citoyens de la
of Switzerland, as well as the mem- Suisse, ainsi quo lea membres de
bers of their families, subject to the leurs familles, pourvu qu'ils se con-
constitutional and legal provisions forment aux dispositions constitu-
aforesaid, and yielding obedience to tionnellos et lMgales cl-dessus men-
the laws, regulations, and usages of tionnds' et qu'iis ob6lssent ax loe,
the country wherein they reside, rhglemens et usages du pays oil Hs
Liberies grant- shall be at liberty to come, go, so- r6sideront, pourront aller, venir, s-
ad. journ temporaril, domiiliate or journer temporairoment, prendre un
establish themselves permanently, domicile fixe ou s'6tablir d'une ma-
the former in the cantons of the nire pormanente, le premiers danm
Swiss Confederation, the Swiss in le cantons de I& Confiddration
the States of the American Union, Suisse, les Suisses dans les Etata
to acquire, possess, and alienate de l'Union Am6ricane; y acqudrir,
therein property, (as is explained poss~der, et aliguer des propri6t~s,
in article V;) to manage their af- (ainsi qu'il eat expliqui A l'art. V;)
fairs; to exercise their profession, y g6rer leurs affaires; y exercer leur
their industry, and their commerce; profession, leur industrie, et leur
to have establishments; to possess commerce; y avoir des 6tablisse-
warehouses; to consign their prod- mens ; y tenir des magasins; y
nets and their merchandise, and to consigner leurs produits, et leurs
sell them by wholesale or reta iarblandises,
. los -vendre en gros
either by themselves or by such on en d6UA taut par eux-mnes
brokers or other agents as they que par tels, courtiers on autres
may think proper; they shall have agents qu'ils jugeront Convenable;
free access to the tribunals, and Us auront libre acos devant les tri-
shall be at liberty to prosecute and bunaux et pourront faire valoir
defend their rights before courts of lears droits en justice, ABita des
justice in the same manner as na, nationaux, soit par eux-m~ae, soit
tive citizens, either by themselves par tels avocats, avous, a antres
or by such advocates, attorneys, or agents qua'ils jugeront convenable
other agents as they may think de choisir. On ne pourra leur in
propr to select. No pecuniary or poser pour la r6sidence ou r6tab-
other more burdensome condition lissement, on pour rexerdee des
Ahsll be imposed upon their resi- droits mentionn6s plus hat, auctue
dance or establishment, or upon the condition p~ouniaire on autre, plus
en~yment of Se above-mentioned ondreuse qu'aux citoyens du pays
rights, than sha! be imposed upon dans lequel il r6sident, ni anuenne
citizens of the country where they condition i laquelle ceux-ei ne sera-
reside, nor any condition whatever ient pas tenus.
to whi h the latter shall not be aub-
jet.
Pesrletion on The Abregoing privileges, how- Ne sont cependant pas compris
wad Media. ever, shall not extend to the ex- dans lea avantages mentiomis ci-des-
eMise of political rights, nor to sus, l'exercice des droits politiques
participation in the property 'of et ]a participation aux biens des
communities, corporations, or insti- communes, des corporations on des
tutions of which the citizens of one fondations dans lesquells les cito-
party, established in the other, shall yens de run des pays 6tablis dans
not have become members 'or co- rautre n'auraentpas 6t regus mem-
proprietors. bres on h titre de co-propridtairea.

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COVENTION WITH THE SWISS CONFEDERATION. Nov.-25,4850. 589
ARTIOCL IL ARTIOLN 3M.

The citizens of one of the two Les citoyens de run des deux
countries, residing or established in pays, rsidant ou tablis dans l'au-
the other, shall be free from per- tre, seront afranchis du service
sonal military service ; but they militaire personnel; mais ils seront
shall be liable to the pecuniary or tenus aux prestations pcuniares on Liability to
material contributions which may matrielles, imposbes, par compn- taxes.
be required, by way of compensa- sation, aux citoyens du pays odi is
tion, from citizens of the country rdsident, librds de ce service.
where they reside, who are exempt
from the said service.
No higher impost, under what- On ne pourra exiger des citoyeas No disermi-
ever name, shall be exacted from de run des deux pays r6sidant ou t.x to be
the citizens of one of the two coun- dtablis dana l'autre, aucun imp6t, A Ie.
tries, residing or established in the quelque titre que ce soit, plus ev6
other, than shall be levied upon cit- que ceux auxquels sot soumis le
izens of the country in which they citoyens du pays dan 1equel ils
reside, nor any contribution what- rd6ident, non plus qu'aueune contri-
soever to which the latter shall not bution quelconque qui ne serait pas
be liable. exig~e-de ces derniers.
In case of war, or of expropria- En cas de guerre ou d'expropri- Indemnties for
tion for purposes of public utility, ation pour cause d'utllit6 publique, d"Ve
the citizens of one of the two c*un- les citoyens de run des deux pays
tries, residing or established In the rfsidant on dtablis dam ratre s-
other, shall be pliced upon an equal ront assimilds aux citoyens du pays
footing with the citizens of the coun- oil He r~sident, en ce qui conerne
try in which they reside with ro- lea indemnits pour les ~ommages
spect to indemnities for .,damages qu'ils auront dpronvds.
they pnay have sustained.
ARTIXZ,* IM. ARTICLZ m.

The citdiens of one of the two Lea eitoyens de l'une des deux Provisions as
republies, residing or established in r6publiques, rdsidant ou-6tablis dana to..ltizens who
the other, who shall desire to return lautre, qui voudront retourner dans palled to retr
to their country, or who shall be leur pays, on qui y serent renvoyo-
sent thither by a judicial deciin, par sentence du juge, par mesure
by an act of police, or in conformity -de police, on d'apis lea lois et rag-
with the laws and regulations on lemens sur lee mosurs et Is men-
morals and mendicity, shall, be re- dicit6, seront regus en tout temps et
ceived at all times and under all en toute circonstance, eu3, leurs
circumstances, they, their wives, femmes et leurs descendans 1dgi-
and their legitimate issue, in the times, dans le pays dent Ms sont
country to which they belong, and originaires et oil s auront con-
in which they shall have preserved serv6 leurs droits conformdment aux
their rights in conformity with the lois.
laws thereof.
ARTICLE IV. -ARTIOLE kV.

In order to establish their charac- Ahn do conatater leur. quaide Pasports, &a.
ter as citizens of the United States citoyens des tasta Unis d'Amdrique
of America, or as citizens of Swit- ou de citoyens Suisses, lea ressortis-
zerland, persons belonging to the santa des deux pays contractans dev-
two contracting countries shall be ront 6tre porteurs do passe-ports, ou
bearers of passports, or of other d'antres papiers en due forme, at-
*p pers in due form, oertifying.their testant 1pur nationalit6, Onsi que
nationality, as well as that of the ele des membres de leur famille,

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590 CONVE o WITH TIIE'SWISS CONFEDERATION. "Nov. 24, 1850.
members of their family, furnished et ddlivrds on vis6s par un agent
or authenticated by a diplomatic or diplomatique on consulaire de leur
consular agent of their nation, resid- nation, r6sidant dans celui des deux
ing in the one of the two countries pays oa ils veulent habiter.
which they wish to inhabit.

ARTIOLE V. ARTIOLE V.

Power to _ The citizens of each one of the Les citoyens de chacune des par-
p of and in- contracting parties shall have power ties contractantes pourront libre-
tproperty. to dispose of their peonal property ment disposer de leurs biens per.
within the jurisdiction of the other, sonnels, sis dans Ia juridiction de
by sale, testament, donation, or in l'autre, soit par vente, testament, do-
any other manner; and their heirs, nation, on de toute autre manibre,
whether by testament, or ab intee- et leurs h6ritiers testamentaires on
tate, or their successors, being citi- ab intestato, on leurs sucesseurs
zens of the other party, shall suc- quelconques, Citoyens de rautre par-
ceed to the said property, or inherit tie, acquerront ces dits biens on en
it, and they may take possession h6riteront, et ils pourront en pren-
thereof, either by themselves or by dre poisession, eux-mimes on par
others acting for them; they may fond6s de pouvoirs; Hs pourrout en
dispose of the same as they may disposer comme s l'entendront,
think proper, paying no other n'ayant h payer d'autres droits que
charges than these to which the ceux auxquels sent soumis en pareil
inhabitants of the country wherein cas les habitants mimes du pays
the said property is situated shall dans lequel ces biens sent situ6s.
be liable to pay in a similar case. En l'absence de rh6ritier, on des
In the absence of such heir, heirs, h6ritiers on des autres successeurs,
Care of p or other successors, the same care Pautorit6 prendra, pour Ia conserva-
arty of decised shall be taken by the authorities for tion des dits biens, lee memes soins
person& the preservation of the property que s'il s'agissait de la conservation
that would be taken for the preser- des biens d'un natif du mime pays,
vation of the property of a native et cela jusqu'h ce que le propri6-
of the same country, until the law- taire 1ga des biens ait pu prendre
ful proprietor shall have had time to les mesures convenables pour les
- take measures for possessing himself reeueillir.
of the same.
These prove- The foregoing provisions shall be Les dispositions ci-dessus s'ap-
Ion -how far applicable to real estate situated -pliqueront en plein aux propri6t~s
applicable t within the States of the American immobilires sises dana les Etats
restestate. Union, or within the cantons of the
de rlUnion Amdricaine on dans lea
Swiss Confederation, in which for- cantons de la Confdration Suisse
eigners shall be entitled to hold or dans lesquels les 4trangers sent ad-
inherit real estate. mis 4 la possession en nature on A
rhritage de propritis foncidres.
Power to sell But in case real estate situated Mls si des propridtds immobi.
real estate which within the territories of one of the lieres sises sur le territoire de l'une
cannot be held contracting parties should fial to a des parties contractantes, venaient i
by ai qlen. citizen of the other party, who, on dchoir 6tun citoyen de rautre partie,
account of his being an alien, could qui i cause de sa qual.t6 d'dtranger,
not be permitted to hold such prop- ne serait pas admis a la possession
erty in the State or in the canton in en nature de ces propri6t4, dans
which it may be situated, there shall l'Etat on dans le canton dans lequel
be accorded to the aid heir, or elles sont situ6es, il serait acoorde h
other successor, such term as the cet h6ritier on suoesseur quel-
laws of the State or canton will conque tel trme que lea lois de
permit to sell such property; he lEtat on dn canton le permettent
shall be at liberty at all times to pour vendre ces propri6t6s ; il
withdraw and export the proceeds pourra toujours en retirer et ex-

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CONVENTION WITH THE SWISS CONFEDERATION. Nov. 25; 1850. 591
thereof without difficulty, and with- portdr le produit sans diffieultA et
out paying to the government any sans payer au gouvernement aucan
other charges than those which, in autre droit quo celui qui, dans un
a similar case, would be paid by an en analogue, serait du par un ha-
inhabitant of the country in which bitant du pays dan lequel les pro-
the real estate may be situated. pridt6s foncibres sont situdes.
ARTICLE VI. ARTICLE VL

Any controversy that may arise Lea contestations qui pourralent Controversies
among the claimants to the same s'61ever entre lea prdtendans h une amongelamantm
succession, as to whom the property succession, sur Is question de savoir to a suession
shall belong, shall be decided ac- A qui les biens doivent appartenir,
cording to the laws and by the seront portdes devant len tribunaux
judges of the country in which the et juges d'apris len lois du pays
property is situated. dans lequel Ia propriWtd eat situe.
ARTICLE VI[. ARTICLE VIL

The contracting parties give to Lee parties contractantes seaccor- Comui and
each other the privilege, of haylng, dent mutuellement le droit d'avoir, vioe-consuis.
each, in the large cities and imj por- dans lea grandes villes et les places
tant commercial places of tjeir re- de commerce importantes de lento
spective States, consuls and vice- Etats respectifa, des- consuls et des
consuls of their own appointin eat, vice-consuls, nomm~s par ellen, qui
who shall enjoy the same privileege jouiront, dam rexercice de lea
and powers, in the discharge of fonctions, des mmes privildges et
their duties, as those of the mlost des mfimes pouvoirs, que ceux des
favored nations. But before any nations lea plus favorisdes. Mais
consul [or vice-eonsul] shall ac as avant qu'un consul on un vice-con-
such, he shall, in the ordinary fakrm, sul puieae agir. en cette qualit6, il
be approved of by the governn lent devra avoir dt6 reeonnu dans is
to which he is commissioned. forme ordinaire, par le gouverne-
ment. aupr6s duquel il eat acordditi.
In their private and bush ness Pour lers afire prives et
transactions, consuls and vice-(con- commerciales les consuls et vice-
suls shall be submitted to the saame consuls sernt sounis aux m~Imes
laws and usages as private indi rid- lois et aux mbmes usages que les
uals, citizens of the place in whhich particuliers, citoyens de l'endroit o
they reside. ils r sident.
It is hereby understood that in 11 est entenda qu'en can d'infrae-
case of offence against the laws by tion an% lois par un consul on un
a consul or a vice-consul, the g,ov- vice-consul, le gouvernement aupras
eminent to which he is comnais- duquel il eat ao4dit6, pourra, sal-
sioned may, according to circi um- vant les circonstances, lui retirer
stances, withdraw his exequa tar, rexdquatur, le renvoyer du pays on.
send him away from the coun try, le faire punir onforminment aux
or have him punished in conformsity lois, en faisant savoir h 'atre gou-
with the laws, assigning to the o ther vernement lea raisons qui kont d-
government its reasons for so domag. termin6.
The archives and papers beloing- Les archives et les papiers ap- Archts,.
ing to the consulates shall be re- partenant aux consulate seront in-tobeinviofate.
spected inviolably, and under no violablement respect6s, et aucun
pretext whatever shall any ma in- magistrat, ni aucun atre fonction-
trate, or other functionary, v sit, nanre ne pourra, sons- quelque pr-
seize, or in any way interfere with texte que co sot, len visiter, l
them. saisir, on s'y immiseer d'une ma-
nimre quelconque.

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592 CONVNION WITH THE BWISS CONFEDERATION.,- - Nov. 25, 1860.
"ARTIOL VIIL AR&TIOL VIIL

Each nation to In all that relates to the imports- 'Pour tout ce qui concerne 'im.
-4the wiot
have rights of tion,. exzortation,
fa- . and transit of portationl'oxportation, et le transit
,d nton, ,,their respective products, the United de leurs produits respectif, les
rStates of America and the Swiss Etats Unis d'Am~rique et la Con-
nP a oConfederation shall treat esch other, fdudration Suisse se traiteront rdci-
products. reciprocally, as the mdst favored proquement comme Ia nation, runion
nation, union of nations, State, or de nations, M'tat on la soci6t6 la plus
society, as is explained in the fol- favoriske, ains qu'il eat expliqu4
lowing articles: aux articles Oikpr e:

A3TIOLB IX. klif~ -xX.

-so &dtal- Neither of the contrating parties Aueite des parties contractintes
natg duties, shall impose an7 higher'or other no pourra ex ger, pour r'mprtation,
duties upon the importation, expor- rexportation, ou le transit des pro-
tation, or transit of the natural or duits naturels on industriels de
Industrial products of the other, l'antre, des droits plus dlevds hi
than are or shall be payable upon deautres droits, que ceux qui sent
the like articles, being the produce on seront imposs sur lea m6mes
of any other country, not embraced artiles, provenant de tout autre
within its present limits. pays en debors de see limites ac-
tuelles.

AITICLD X. .AtTICLB X.

Future com- In order the more effectually to Afin d'atteindre d'autant mieux
inertial. pr1li-attain the object cofiiemplated in U. but qu'ellbs se proposent k rarti-
any ato to be aarticle VIII, each of the' contract- cle VIII, ehaeune' des parties con-
exuded to the ing parties hereby engages not to tractantes s'engage 16 n'accorder h
other. grant any favor in commerce to any aucune nation, union de nations,
nation, union of nations, State, or 6tat ou socit6 que cc soit, de faveur
society, which shall not immediately qn fait de commerce, sans en faire
be enjoyed by'the other party. ausst6t jouir l'autre partie.

ARTIOLZ XI. ASTIOL'S XL

origin of prod- Should one of the contracting par. Si rune des parties 6onttantes
=os how estab- ties impose differential duties upon iniposait des droits diff6rendels sur
lished. the products of any nation, *the lea produits de quelque nation, l'autre
uther party shall be at liberty to pattie pourra d6terminer comme elle
determine the manner of establish- l'entendra, la manibie de codstatek
ing the origin of itsown products, rorigine de ses propres produits,
destined to 'enter 'the country by destin6s h 6tre impdrts dane lb
which the differential duties are paysObd se pergoivent le droits dif-
imposed. fgrentiels.

ARTIOLM XIL A~lTrOi& XII.

Reguattons as The Swiss territoy shall remain *Le territoire, Suisse demeurera
to commerce, open to the, admission' of articles ouvert h rentr6e des qbjets venaut
'arriving from the United States of des Itats Unis dAnidriqud ," do
America: in i1kb mabon, no port m6me, aucun port de ces Etats ne
of the said States shall be closed to sera ferm6 aux objets venant de la
articles arriving from tsitzerland, Suisse, pourvu que cux-ci arrivent
provided the are conveyqd in ves- sur des navires des Etats Unis on
sels of the' United States; or in ves- sur tout autr bavire ayant libre
sels of any country-'bavbg free aecs dana let ports do rUnion.

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CONVENTION WITH THE SWISS CONFEDERATION. Nov. 25, 1850. 593
aps to the ports of said States. Arrivant sous pavilion des Etats
Swiss merchandise 'arriving under Unis, on sos celui d'une des na-
the flag of the United State, or tions lea plus favorisdes, lee mar-
under that of one of the nations chandises Suisses paieront les
most favored by them, shall pay the m~mes droits, que cells de cette
same duties as the merchandise of dernidre nation; sons un autre pa-
such nation ; under any other flag vilion, elles seront trait6as comme
it shall be treated as the merchan- les marchandises da pays auquel
dise of the country to which the appartient le navire.
vessel belongs.
In ease of shipwreck and of sal- En cos de naufrage et de sauve- Sipwreok.
vage on the coasts of the United tage sur les cdtes des Etats Unis, lea
States, Swiss merchandise shall be marchandises Suisses serant consi-
respected and treated as that belong- d6r6eset trait6es comme celles appar-
ing to citizens of the said States. tenant It des citoyes des Etats Unis.
The United States consent to ex- Le Etats Unis consentent i 6teA- "Mot fave
tend to Swiss products, arriving or dre aux prodults Suisses, arrivant onnt" 0lause.
shipped under their flag, the advan. exp6dids sous leur pavilion, les avan-
tages which are or shall be enjoyed tages dont jouisaent on jouiront les
by the products of the most favored produits de Ia nation Ia plus favori-
nation arriving or shipped under the see, arrivant on exp6dids sous le
same flag. mime pavilion.
It is hereby understood that no I1eat entendu que les dispositions
stipulation of the present article du" prdsent article ne d6rogent en
shall in any manner interfere with rien A celles des quatre articles ci-
those of the four aforegoing articles, dessus, non plus qu'aux mesures
nor with the measures which have dans Pint6r6t de Ia moralitd, de Ia
been or shall be adopted by either s6curit6 on de l'ordre public, prises
of the contracting countries in the on qui pourront tre ordonnes dan
interest of public morality, ecurty, run ou,dons Pautre des pays con-
or order. tractans.

ARTIOLN ARTIOLZ

The United States of America Les Etats Unis d'Am6rique et Ia sgadmon at


and the Swiss Confederation, on Conf6dration Suisse, seront tenus, rminsa.
requisitions made in their name sur les r6quisitions faites en leur
through the medium of their respec- nom par rlinterniddiaire de leurs
tive diplomatic or consular agents, agents diplomatiques on conaulaires
shall deliver up to justice persons respectifs, de se livrer r6eproque-
who, being charged with the crimes ment, pour 6tre traduits en justice,
enumerated in the following article, les individus qni, prdvenus des
committed within the jurisdiction of crimes dnumer6s r article suivant,
the requiring party, shall seek asy- e6mmis dans Ia juridiction de Ia
lum or shall be found within the ter- partie requ6rante, cheroheront un
ritories of the other: Aro That asile ou seront trouvbs sur lea terri-
this shall be done only when the fact toires de rautre partie: 2bt efo
of the eommission of the crime shall L'extradition ne sera obligatoire
be so established as to justify their que dan le cas oi le faits It Is
apprehension and commitment for charge du pr6venu seront constat;s
trial if the crime had been ouanit- de manidre Itjustifier son arrestation
ted in the country where the per- et sa mise ean jugement, si le crime
ss so accused shall be found. edt 6td commis dane le pap oA le
dit individa a &A trouvd

ARIOLRA 3v. AI"niGLu XIV.

Persons shall be delivered up, Seront livrds, en verta des dispo- rm for
according to the provisions of this sitions de cette convention, les idi- tidsh"
0h4 extn-
VOL. xL TnuAT.-78 be
made.

HeinOnline -- 11 Stat. 593 1837-1868


594 CONVENTION WrI THE SWISS CONFEDERATIOL Nov. 25, 1850.
convention, who shall be charged vidus prkwenus de lun' des crimes
with any of the following crimes, to suivans, savoir:
wit:
' Murder (including assassination, Le meurtre (y comprisles crimes
parricide, infanticide, and poison- qualifle d! assassinat, de parricide,
ing): attempt to commit murder; d'infanticide, et d'empoissonement;)
rape; forgery, or the emission of la tentative de meurtre; Ie viol; le
forged papers; arson; robbery with faux, y compris l'dmission de faux
violence, intimidation, or forcible papiers; I'incendie; le vol commis
entry of an inhabited house; pray; avec violence, ou par intimidation, on
embezzlement by public officers, or avec effraction, o escalade, dans une
by persons hired or salaried to the maison habit6e; la piraterie; la
detriment of their employers, when soustraetion eommise par des ddpo-
these crimes are subject to infamous sitaires publics, on des personnes sa-
punishment. larices, an ddtriment de oeux qui les
emploient, mais dans le cas seule-
Jnent o6k ces crimes entraineraient h
des peines infamantes.

ARTIOLE XV. ARTICLE XV.


Surnnder, how " On the phrt of the United States
L'extradition ne ser effectu6e de
to be made. the surrender shall be made only by la part du gouvernement des Etats
the authority of the Executive Uieis, quo sur l'ordre du pouvoir
thereof; and on the part of the ex6cutif; et de la part de la Confd-
Swiss Confederation by that of the ddration, que sur rordre du ConseU
Federal Council. Fd".

ASTIOL' XVL ARTICLB XVL

Payment of The expenses of detention and Lea frais de d6tention et d'extra-


expenses. delivery, effected in virtue of the dition, op~rdes en vertu des articles
preceding articles, shall be at the prec6dens, seront support6s par le
cost of the party making the de- gouvernement an nom duquel la rd-
mand. quisition aura t6 faite.

ARTIdL XVIL ARTICLE XVII.


for trplt The provisions of the aforegoing
Los dispositions des articles ci-
ca oenoes articles relating to the surrender of dessus, qui se rapportent i l'extra-
fugitive criminals shall not apply to dition des criminels, ne scront point
offences committed before the date applieables aux crimes commis an-
hereof, nor to those of a political t6rieurement ila date de I&present.
character. convention, ni aux crimes et d6lits
ayant un caractdre politique.

ARTICLE XVu. ARTICLE XVIII.

Dwattou The present convention is con- La prdsente convention est con-


covention, eluded for the period of ten years,
this clue pour dix ans, h dater do jour
coupting from the day of the ex- de l'bchange des ratifications. Elle
change of the ratifications; and if, ontinuera d'4tre obligatoire pen-
one year before the expiration of dant douse mois, si, ui an avant lex-
that period, neither of the contract- piration du- premier terms, aucune
ing parties shall have announced, by des parties ontractantes n'a d&lar6
an official notification, its intention h l'autre par une notification offi-
to the other to arrest the operations cielle qu'elle renonce an traitd, et
of said convention, it shall continue ainsi de suite d'ane en annie,
binding for twelve months longer, jusqu'& l'expiration des douse mois

HeinOnline -- 11 Stat. 594 1837-1868


CONVENTION WITH THE SWISS CONFEDERATION. Nov. 25, 1850. 595
ant so on, from year to year, until qui suivront une pareille declaration
'the expiration of the twelve months de renonciationquelqne soit r6poque
which will follow a similar declara- b laquelle elle sura dtd notfid&.
tion, whatever the time at which it
may take place.
ARTIOL XI=. ATIOLE XTX.

This convention-shall be subnit. Cette convention sera soumise, de Eatidoatos.


ted, on both sides, to the approval part et d'autre &trapprobation et &
and ratification of the respective la ratification des autoritds comp6-
competent authorities of each of the tentes respeetih de chacune des par-
contracting parties, and the ratifica- ties contractantes; et les ratifications
tion shall be exchanged at the city en seront 6chasgoes & Washington,
of Washington as soon as circum- aussit& que les circonstanees le per-
stances shall admit. mettrontU
In faith whereof, the respective En foi de quoi les plnipoten-
plenipotentiaries have signed the tiaires respectifs ont, sons r6serve des
above articles, under reserve of the ratifications qui viennent d'6tre men-
above-mentioned ratifications, both tionn6es, signd les articles ci-dessus,
in the English and French lan. dans les langues Anglaise et Fran-
guages, and they have thereunto gais, oty out apposd leurs seeaux.
affixed their seals.
Done, in quadroplieate, at the city Ainsi fait, par quadruplicata t Signatures.
of Berne, this twenty-fifth day 9f Berne, ce vingt-cinq Novembre do
November, in the year of our Lord ran de .Grice, .pil-huit-oet-cin-
one thousand eight hundred and quante.
fifty.
A. DUDLEY MA1N . a. H. DRUEY. [L.a.]
H.L DRUBY. [L. 5. F. FREI-HEROSEE. LL.s.J
F. FREI-HEROSEE. EL. S.] A. DUDLEY MANN. [L.a.]

And whereas the. convention has been duly ratified on both parts, and iae a/
the respective ratifications of the same were exchanged in the city of
Washington on the 8th'instant, by William L. Marcy, Secretary of State NV. 5,.
of the United States, and John Hits, Consul General of the Swiss Con-
federation, on the part of their respective governments:
-Now, therefore, be it known, that I, FRANKLIN PIERCE, Presi-
dent of the United States of America, have caused thq said convention to
be made public, to the end that the same, and every clause and article
thereo may be observed and fulfilled with good faith by the United States
and the citizens thereof.
In witness whereof, I have hereunto set my hand and caused -the seal
of the United States to be affixed.
Done in the city of Washington, this ninth day of November,
in the year of our Lord one thousand eight hundred and
[L. S.] fifty-five, and of the Independence of the United States of
America the eightieth. FRANKELIN PIERCE.
By the President:
W. L. Mncr, e-retam
y of Sate.

HeinOnline -- 11 Stat. 595 1837-1868


HeinOnline -- 11 Stat. 596 1837-1868
TREATY- WITH JAPAN, MARCH 81, 1854.

BY THE PRESIDENT OF THE UITMED STATES OF AMERICA:

A PROCLAMATION.
Wm x.s a treaty of peace and amity between the United States of Mrh 94 18M.
America and the Empire of Japan was concluded and signed between
their plenipotentiaries at Kanagawa on the thirty-first day of March, in
the year of our Lord one thousand eight hundred and fifty-Iu, which
treaty is, word for word, as follows:.-
The United States of America and the Empire of Japan, dedring to es- Tif.
tablish firm, lasting, and sincere friendship between the two nationshave
resolved to fix, in a manner clear and positive, by means of a treaty or
general convention of peace and amity, the rules which shall in future be
mutually observed in the intercourse of their respective countries; for
which most desirable object the President of the United States has con-
ferred full powers on his commissioner, Matthew Calbraith Perry, special
ambassador of the United States to Japan, and the August Sovereign of
Japan has given similar full powers to his commissioners, Hayashi, Dai-
gaku-no-kami, Ido, prince of Tsus-Sima, Izawa, prince of Mimasaki, and
Udono, member of the board of revenue. And the said commissioners,
after having exchanged their said full powers, and duly considered the
premises, have agreed to the following articles -
ARTIroL 1. There shall be a perfect, permanent, and universal peace
and a sincere and cordial amity between the United States of America
on the ope part, and the empire of Japan on the other part, and between
their people rdspectively, without exception of persons or places.
&RMTioL 2. The port of Simoda, in the principality of Idzu, and the
port of Hakodade, in the principality of Matsmai, are granted by the Pe"etoexb
Japanese as ports for the reception of American ships, where they can be
supplied with wood, water, provisions, and coal, and other articles their
necessities may require, as far as the Japanese have them. The time for Simod an
opening the first-named port is immediately on signing this treaty; the oHak" OPn -
last-named port is to be opned immediately after the same day in the .Qnpp.
ensuing Japanese year. [N(Re--A tariff of prices shall be given by the
Japanese officers of the things which they can furnish, paymeqt for which
shall be made in gold -andsilver coin.]
AwrTOLD 8. Whenever ships of the United States are thrown or
wrecked on the coast of Japan, the Japanese vessels will assist them, and
carry their crews to Simoda, or Hakodade, and hand them over to their
countrymen appointed to receive them; whatever articles the shipwrecked
men mar have preserved shall likewise be restored, and the expenses in- Provision for
curred in the rescue and support of Americans and Japanese who may te ese of
thus be thrown upon the shores of either nation are not to be refunded. "e&
ARTICLs 4. Those shipwrecked perions and other citizens of the
United States shall be free as in other countries, and not subjected to
confinement, but shall be amenable to just laws.
A'aTxz 5. Shipwrecked men and other citizens of the United
States, temporarily living at Simoda and Hakodade, shall not be subject Same subeet.
to such restrictions and conflinement as the Dutch and Chinese are at
Nagasaki, but shall be free at Simoda to go where they please within the
limits of seven Japanese miles (or r) from a small Island in the harbor &re ,tjet
of Simoda, maiked on the accompanying chart hereto appended; and
shall in like manner be free to go where they please at Hakodade, within
limits to be defined after the visit of the United States squadron to that
place.
ARTIcLZ 6. If there be any other sort of goods wanted, or any busi- Provision for
ness which shall require to be arranged, there shall be careful deliberation 4ltberdOn if
otherhtth a
between the parties in order to settle such matters, wanted

HeinOnline -- 11 Stat. 597 1837-1868


TREATY WITH JAPAN, EARll 31, 16&
Tudpr ~ti. ARTZLz 7. It is agreed that ships of the United States resorting to
ted. the ports open to them shall be permitted to exchanger gold and silver
coin and articles of goods for other articles of goods, under such regula.
tions as shall be temporarily established by the Japanese government for
that purpose. It is stipulated, however, that the ships of the United
States shall be permitted to carry away whatever articles they are unwil-
ling tojexchange.
to igswanted AETrCLU 8. Wood, water, provisions, coal, and gods required, shall
toby
Jpes o4ly be procured through the agency of Japanese oflieers appointed for
Ces. that purpose and in no other manner.
Favors gated ARTiCLZ 9. It is agreed that if at any future day the government of
to other neon Japan shall grant to any other nation or'nations privileges and advantages
the u. States.o which are not herein granted to the United States and the citizens thereof,
that-these same privileges and advantages shall be granted likewise to the
United States and to the citizens thereof, without any consultation or de-
lay.
toNoe other ports
to ARTIOCLE *10. Ships of 'the United States shall be permitted to resort
eert - " to
esorea
n no.. other ports in Japan but Simoda and Hakodade, unless in distress
distress, &o. or forced by stress of weather.
. Cosul or ARTIOLB 11. There shall be appointed, by the government of the
agents may be United States, consuls or agents to reside in Simoda, at any time after the
appointed at SI- of
mods. expirqtion of eighteen mouths from the date of the signing of this treaty:
provided that either of the two governments deem such arrangement nec-
essary.
Ratificaon,
how and when to ' ARTICLe 12. The present convention havilg been 'oncluded and
be made. duly signed, shall be obligatory and faithfully observed by the United
States of America and Japan, and by the citizens and subjects of each
rispeetive power; and it is to be ratified and approved by.the President
of the United States, by and with the advice and consent of the Senate
thereof, and by the August Sovereign of Japan, and the ratification shil
be exchanged within eighteen months from the date of the "sinature
thereof, or sooner if practicable.
In faith whereof, we, the respective plenipotentiaries of the United States
of America and the empire of Japan aforesaid, have sioned and sealed
these presents.
Done at Kanagawa this thirty-first day of March, in the year of our
Lord Jesus Christ one thousand eight hundred and fifty- our, and of
Kayei, the seventh year, third month, and third day.
M. C. PERRY. -
And whereas the aid treaty has been duly ratified on beth parts, and
the respective ratifications of the same were exchanged at Simoda, on the
Exchange of 21st.of February last, by Commander L.A. Adams, of the United States
ratifications at navy, and Ido Tsoeima, Nokami, Isawa Mimasaki, Nokami, Taccocki So-
Slioda, Feb. S, croega, Nokami, Ido Tows, Kokahien Iftsilo, with
18ss. Tasnoske for interpreter,
on the part of their respective governments :
Now, therefore, be it known that I, FRANK114N PIERCE, President
of the United States of America, have caused the said treaty to be made
public, to the end that the same, and every clause and article thereof,
may be observed and fulfilled with good faith by the United States and
the citizens theref.
In witness whereof, I have hereunto set my hand and caused, the seal
of the United States to be affixed.
Done at the city of Washington, this twenty-second day of June,
[L. a.] in the year of our Lord, one thousand eight hundred and
fifty-five, and of the Independence of the United States
the seventy-ninth. A
By tjhe President:
W. L. Kmiw, &arty qf Sage.

HeinOnline -- 11 Stat. 598 1837-1868


SUPPLEMENTARY TREATY WITH CREEKS, Juim 18, 1854. 599

TREATIEB.

&ppkementm Arti" to the 16meat toit tAb Cmeek 7Wbe of Indiqs made June A51854
and concludd at Fort G&,on on Mie twente-t/rd do of lZovember, in VoL vil.p. 674.
the ylewr eghten hundred and thit-eight.
WHRBA.S the third article of said treaty provided for the investment Preamble.
by the United States of the asum of three hundred and fifty thousand
dollars for the benefit of certain individuals of the Creek nation, but
which sum remains uninvested; and the fourth article of the same treaty
further provides that at the expiration of twenty-five years from the date
thereof, the said sum of three hundred and My thousand dollars shall'be
appropriated for the common benefit of the Creek nation; which pro-
vision has caused great dissatisfaction, the individuals to whom the fund
rightfully belongs never having authorized or aspented'to such a future
disposition thereof; and whereas the chiefs and people of the Creek
nation recognize and consider the said fund as the exclusive property of
said individuals, and are opposed to their hereafter being deprived thereof;
and whereas the annual interest thereon is of no advantage to the great
body of the persons to whom it is payable, and the distribution of the
principal of the fund would be far more beneficial for them and prevent
probable contest and difficulty hereafter; and such distribution has been
requested
claimants by the chiefs
of sqid representing
fund, the following both the nation article
supplementary and theto individual
the afore-
said treaty of 1888, has tis day been States
agreed agent
to andfor
entered into,.by and
the Creeks and
between Wiliam
Tuckabathe Micco, HopoithleUnited
H. Garrett, Yoholo, Benjamin Marshall, and George
W. Stidham, chiefs and delegates of the Creek nation duly empowered to
represent
ARTICLE.and act
It for the sameagreed
is hereby and the individuals
and stipulatedthereof
by andto 'between
wit: the Third and
aforementioned parties, that the third and fourth articles of the trat fourth article of
with the Creek nation of November 28d, 1838, shall be and the same are as 8"85, an-
hereby annulled
dollars therein ; and theandfund
mentioned of three
referred hundred
to shall and an4
be divided fiftypaid
thousand
out to nufled, and fund
the individuals of said nation for whose benefit the same was originally
set apart, according to their respective and proportiobate interests therein,
as
of exemplified
said treaty; and
the shown by the schedule
said division 'mentioned
and payment to b in the second
e by article
the United
States so soon as the neessary appropriation for that purpose can be
obtained from Congress.
In testimony whereof the said parties have hereunto set their hands Date.
and seals on this thirteenth day of June in the year of our Lord one
thousand eight hundred and .fifty-four.
W. H. Une
GARRETT,
tee Agent for he CL. 5.)

TUCKABATCH:E MICCO~hiax mark, [L..]


HOPOTHLEGOHOLO, his x mark, (L. 5.J
B. MRHALL, L..]
G. W. STIDHAM, [L. s.J
Tined and sealed in presence of

JAMEs Aznacooxnn, Sen.


AMwzw R. Po~rs,
Ronau A. ALLEN,
Prnra H. RASFoED.

HeinOnline -- 11 Stat. 599 1837-1868


600 8UPPLEMENTAR± TREATY WTI. CREEK.S-Ju.ii* S, 1854.
IN EXcuTIV SUION, SERATS OF T3U UmrnM STATE8,
.% 21, 185.
AsstoSon- ltesobvd (two-thid of the Senators present conourring,) That the
Senate advise and consent to the ratification of the supplementary article,
concluded at Washington, the 18th day of June, in the year of our Lord,
1854, to the treaty with the Creek tribe of Indians, made and concluded
at Fort Gibson, on the 28d day of November, in the year eighteen hun-
dred and thirty-eight.
Attest:
ASBURY DICXINS, &re y.

HeinOnline -- 11 Stat. 600 1837-1868


CONVBNTIOIWIMTl f.ANID ItWJM-UQ. Ae.m1, 1854. 601.

BY THR PESDENT 01.THR UNITD ST.&TZS OF' AM1A-. A.&~ 21, 1"5

A PROCLAMATION.
Wamtns a convention bwween the United States of America and his
Highness the Duke of Brunswick and Luneburg was concluded and
signed by their respective Plenipotentiaries, in the city of Washington on
the twenty-first day of August, eighteen hundred and fifty-four; which
convention, being in the English and German languages, is word for word
as follows:

The President of the United States Der Prlsident der Vereinigten Preamble.
of America and his Highness the Staaten von America and Seine Ho-
Duke of Brunswick and Luneburg heit der Herzog von Braunsehweig
animated by the desire to secure and und Ltlneburg, bewogen durch den
extend by an amicable convention Wunsch,dureh eine Convention die so
the relations happily existing be- glucklich bestehenden freundschaft-
tween the two countries, have, to lichen Beziehungen Threr beiden
this effect, appointed as their pleni- Staateizu befestigen und welter aus-
potentiaries, to wit: The President zudehnenbaben zu diesem Zweeke Isegottr
of the United .States of Ameriea, zu Thren Bevollmlchtigten ernanunt:
William L. Marcy, Secretary of Der Prlsident der Vereinigten Staa-
State of the United States; and his ten Von America, Herr William L.
Highness the Duke of Brunswick Marcy, Stants-Secretir der Verei-
and Luneburg, Dr. Julius Samson, nigten Staaten and Seine Hoheit der
his said Highness' consul at Mobile, Herzog von Braunschw~ig und Lt-
Alabama; who, after the exchange neburg Herrn Dr. Julius Samson,
of their full powers, found in good Sr. Hoheit Consul in Mobile, Ala-
and due form, have agreed upon and bama, welehe Bevollmitehitigte nach
signed the following articles: vollsogener Ausweebselng ihrer
gegenseitig in richtiger and 4;ehri-
ger Form befundenen Vollmsehten,
nachstehende Artikel festgesett und
unterzeichnet haben:

ARTIOLE L ARTIKEL L

The citizens of each one of the high Den Staatiangeh~rigen eines je-
contracting partie shall have power den der Hohen oontrahirenden t 0t op
an- ind po
to dispose of their personal property, Theile soil in den Stasten destiber . ..
within the jurisdiction of the other, dern die Freiheit zustehen,
subject to the laws of the State or ihre bewegliehen Gaiter, nach den
country where the domicil i, or the Gesetsen des Staats oder IAndes
property is found, either by testa- wo sich das Domizil befindet oder
ment, donation, or aS in , or in diese Gfiter vorbanden ind, durch
any other manner; and their heirs, Testament, Schenkung, ab intestato
being citizens of the other party, oder auf irgend andere Weise z
shall inherit alL such personal es- verfligen, und ddren Erben, wenn
tates, whether by testament or ab sie Angehllrige des andern abschlies-
6ntetto, and they may take posses- sendenTheiles sindsollen im Besitze
sion of the same, either personally soleher beweglichen Gatter nach-
or by attorney, and dispose e them, folgen, entweder durch Testament
VOL. XL TREAT.-79

HeinOnline -- 11 Stat. 601 1837-1868


602 O N~TO f~ I k tlr I ,AG 1 S4
as they may think proper, paying'to oder ab inteado, auch Possession
the respective governments no other von solhen nehmen entweder in
charges than those to which the in- Person, oder durch andere, weiche
habitants of the country in which an ihrer Stelle handeln, and nach
the. said property shall be found Gutdttnken damit schalten k6nnen,
would be liable in a similar case; ohne andere Steuern zq bezahlen,
Provision for and in the absence of such heir or al solche, welehen die Einwohner
absent heks heirs the same care shall be taken des Landes,worin sich die genannten
of the property that would be taken, Giterbefiuden, bei gleichem Anlasse
in the like ease, for.the preservation unterworfen sind; und im Fale der
of the property of a citizen of the Abwesenheit des Erben oder der
same country, until the lawful pro- Erben soll hinaichtlich der erwin-
prietor shall have had time to take ten Gliter dieselbe Sorgfalt snge-
measures for possessing himself of wendet werden, welche man bei
the same; and in case any dispute gleichem Anlasse zur Sichersteflung
should arise between claimants to des Nachlasses eines Staatsangehb-
the same succession, as to the prop- rigen desselben Landes anweuden
erty thereo; the question shall be wilrde, his der gesetzmasige Eigen-
decided according to the laws, and thtimer Zeit gehabt hat, selbigen
by the judges, of the country in Nachass in Besitz zu nehmen; and
which the property issituated. sollten Streitigkeiten wegen der
nachgelassenen Gtlter zwishen
Personen, welche Erben zu sein
beanspruchen, entstehen, so sollen
dieselben nach den Gesetzen und
von den Biebtern des Landes eat-
schieden werden, in welchem das
Object der Erbschaft sich befindet.
.&RTIOLUX I. AETIKZL I.

Devisees If, by the death of a person own- Wen durch den Tod irgend sines
heirs of real e- ing real property in the territory of Besitzers von Immobilien oder
who 88 *1-one of the high contracting parties, Grundeigenthum, welche sich auf
may sell the such property should descend, either dem Gebiete des einen der Hohen
sam by the laws of the country or by contrahirenden Theile befinden,
testamentary disposition, to a Wtizen solche Gaiter nach dem GQesetze des
of the other party, who, on account Landes oder nach testamentarischer
of his being an alien, could not be Verfltgung auf einen Angehbbrigen
permitted to retain the actual poe- des andern Theils udbergehen wttr-
session of such property, such term den, dem es aber, da er ein Fremder,
as the laws of the State or country nicht erlaubt ist, solche Gater in
will permit shall be allowed to him wirklichem Besitze zu halten, dann
to dispose of such property, and col- soll ihm ein "solcher Termin, die
lect and withdraw "the proceeds obigen Gliter so verkaufen, die
thereo4 without paying to the gov- Geldereinzucas irenund denErtrag
eminent any other charges &an zu sich zu nehmen gewilhrt werden,
those which, in a similar ease, would wie ihn die Gesatze des Staates
be paid by an inhabitant of the oder Landes gewhbren, ohne der
country in which such real property Regierung andere Steuern zn bezah-
may be situated. len, ale in einem Wllnlichen Faile en
Angeh riger *des States, wo sich
der Grundbesitz befindet, sa bexah-
len verbunden wilre.
ARTIOLE UL ARTL IIM

Dm1OR , The present convention shall be in Derggewfirtige Vertrag sol fir


this oWention, force (er the term f twelve years zw(f Jahrelang vor heutigen Tage

HeinOnline -- 11 Stat. 602 1837-1868


CONVENTION WITH Bj1UNSWICK AND LUNBBURG, Aus. 21, 18U 08
from the date hereof; and further, an gereehnet, Verbindliehkeit haben,
until the end of twelve months after and ftr weiter bis zum Ende You
the government of the United States zw0lf Monaten, bis nachdem die
on the one part, or that of his High- Regierung der Vereinigten Staaten
ness the Duke of Brunswiek and* einerseits oder Seine Hoheit der
Luneburg on the other, shall have Ierzog von Braunschweig und
given notice of its intention of ter- Ltneburg andererseits von Deren
minating the same. Absicht diese Convention aufhbren
zu lassen, Anzeige gemacht haben.
This convention sball be ratified, Dieser Vertrag sol ratificirt und Radfocati
and the ratifications shall be ex- die Ratiflcations-Urkunden inner-
changed, at Washington, within halb zwtlf Monaten, ven heutigen
twelve months after its date, or Tage an gerechnet, oder wo m0glieh
sooner, if possible. frither, in Washington ausgewechselt
werden.
In faith whereof, the respective In Urkund dessen haben die
plenipotentiaries have signed the beiderseitigen Bevollmchtigted ge-
present convention, and have there- genwltrtigen Vertrag unterschrieben
unto affixed their seals. und ihre Siegel b6igeickt.
Done at Washington, this twenty. Ausgestelit in Washington heu-
first day of August, in the yeal of tigen Tages am 21sten August im
our Lord one thousand eight hun- Jtthre des Herrm Bin Tausend acht
dred and fifty-four, and of the Inde- Hundert [und vier] und flinfzig und
pendence of the United States the dem neun und siebzigsten der
seventy-ninth. Unabhingigkeit der Vereinigten
Staaten.
W. L. MARCY, [L. s. JULIUS SAMSON, [L. a.]
JULIUS SAMSON, [L.,9.1 W. L. MARCY, [L. S.]
And whereas the said convention has been duly ratified on both parts, RtIeaM-de
and the respective ratifications of the same were exchanged in the city of Of
Washington en the 28th instant:

Now, therefore, be it known, that I, FRANKLIN PIERCE, Presi-


dent of the United States of America, have caused the said convention
to be made publie, to the end that the same, and every clause and artiele
thereof may be observed and fulfilled with -good faith by the United
States and the citizens thereof.

In witness whereof, I have hereunto set my hand and caused the seal
of the United States to be affixed.

Done in the city of Washington, this thirtieth day of July, in


the year of our Lord one thousand eight hundred and Afty-
[L. 6.1 five, and of the independence of the United States the
eightieth.
FRANKLIN PIERCE.
By the President;
W. HuNTzR, Aany &wV.a of &W&

HeinOnline -- 11 Stat. 603 1837-1868


HeinOnline -- 11 Stat. 604 1837-1868
TREATY WITH THE OTTOES AND MISSOURIAS. Do.9,1854. 605

TREATIES.

FRANKLIN PIERCE,
PRESIDENT OF THE UNITED STATES OF AMERICA,

TO ALL AND SINGULAR TO WHOM TMM PRESSNTS SHALL OON, GREETIG :

WnxzBAs a treaty was made and concluded at Nebraska City, in the De. 9, 1854.
Territory of Nebraska, on the ninth day of December, one thousand eight
hundred and fify-four, between the United States of America and the
chiefs and headmen of the confederate tribes of the Ottoe and Missouria
Indians, which treaty is in the words following, to uit:
Article of agreement and convention made and concluaed at Nebraska Title.
City, in the Territory of Nebraska, on the ninth day of December, one
thousand eight hundred and fifty-four, between the United States of
America, by George Hepner, United States' Indian agent, duly author-
ized thereto, and the chiefs and headmen of the confederate tribes of the
Ottoe and Missouria Indians, to be taken and considered as a supplement
to the treaty made between the United States and said confederate tribes, voL x. p.ioss.
on the fifteenth day of March, one thousand eight hundred and fifty-four.
Whereas, by the first article of the treaty in the caption mentioned, it Preamble.
is stipulated that the confederate tribes of Ottoe and Missouria Indians
cede to the United States all their country west of the Missouri River,
excepting a strip of land on the waters of the Big Blue River, ten miles
in width, and bounded as follows: commencing at a point in the middle
of the main branch of the Big Blue River, in a west or southwest direction
from old Fort Kearney, at a place called by the Indians the "Islands ;"
thence west to the western boundary of the country hereby ceded; thence in
a northerly course with said western boundary ten miles; thence east to
a point due north of the starting point and ten miles herefrom; thence
to the place of beginning.
And whereas, upon exploration of said reservation by the said confed-
erate tribes, it was found that they had been mistaken as to the location
thereof, much the larger portion, or nearly the entirety of it, being to the
west of the Big Blue River, and without sufficiency of timber, and they
being dissatisfied therewith, and the United States being desirous of
removing all cause of complaint, this article is entered into.
ARTIOLI. It is agreed and stipulated between the United States and Bcundary of
the said confederate tribes of Ottoe and Missouria Indians, that the initial thefr reservatio.
point of their reservation, in lieu of that stated in the treaty, in the caption
hereof mentioned, shall be a -point five miles due east thereo, thence west
twenty-five miles, thence north ten miles, thence east to a point due north
of the starting point and ten miles therefrom, thence to the plape of
beginning; and the country embraced within said boundaries shall be
taken and considered as the reservation and home of said confederate
tribes, in lieu of that provided for them and described in the first article
of said treaty.
In witness whereof the said George Hepner and the undersigned chiefs
and headmen of the said confederate tribes of Ottoes and Miasourias have
hereunto set their hands and seals, at the place and on the day and year
above written.
-GEORGE HEPNER, [BEAL.]
United Mates Idan Agent.

HeinOnline -- 11 Stat. 605 1837-1868


608 TREATY WITH- THE -OTTOF8 A" SOO2&. 'Dub. ,4

HICK KAPOO, his x mark. SEAL.)


BIL SOLDIER, his x mark. SEAL.]
CHI-AN-A-KA, or BUFFALO CHIEF, his x mark. ~ EAL.]
MISSOURI CHIEF, "his x mark. SEAL.]
WHITE WATER, hI& x mark.
Exeuted in presence of-
LXwis BwNxn, his x mak
U. & hapaf.
H. P. DowNs,
Jomq BAvwiWai.

And whereas the said treaty having been submitted to the Senate of
the United States for its conititutiona action thereon, the Senate did, on
the twenty-eighth day of February, one thousand eight hundred and fifty-
five, advise and consent-to the ratification.of .the same, by a resolution in
the words and figures followitg, to wit:

N ExuoINU SlsoN, SEONAE o'Ti t Uintun STATHS,


Ptebnwa9 28, I8SO.
Const of Sen- Resolved, (two thirds of the Senators present cocrrineg,) That the
Senate advise 'and consent to the. ratification of the article of agreement
and convention made and concluded at Nebraska City, in the Territory
of Nebraska, on the ninth day of December, one thousand eight' hundred
and fifty-four, between the United States of America, by George Hepne,
United States Indian agent, duly authorized thereto, and the chiefs and
headmen of the confederate tribes of the Ottoe and Missouria Indians, to
be taken and considered as a supplement to the treaty made between the
United States and said confederate tribbs,-on the fifteenth day of March,
one thousand eight hundred and fifty-four.
Attest: ASBURY DICKINS, Swreta, .

Now, therefore, be it known, that I, FRA.NKLIN PIERCE, Presi-


dent of the United States of America, d, in pursuance of the advice and
consent of the Senate, as expressed in their resolution of the twenty-
eighth day of February, one thousand eight hundred and fifty-five, accept,
ratify, and confl&tthe said treaty.

In testimony whereof, I have caused the seal of the United States to


be hereto affixed, having signed the same with my hand.

Done at the city of Washington, this tenth day of April; in the


year of our Lord one thousand eight hundred and fifty-five,
[L. s.] and of the indepenaence of the United States the seventy-
ninth.
FRANKLIN PIERCE.
By the President:
W. L, MXoRC, &eWte of Sate.

HeinOnline -- 11 Stat. 606 1837-1868


CONVENTION WITH THE TWO SILI.S. Jn. 18,1855.

BY THE PRESIDENT OF THX UNITED STATES OF AMERICA: Jan. 18, i .

A PROCLAMATION.
WH .u a convention between the United'States of America and his
Majesty the King of the Kingdom of the Two Silfies was concluded and
signed by their respective plenipotentiaries in the city of Naples on the
thirteenth day of January, one thousand eight hundred and fifty-five:
which convention, being in the English and Italian languages, is word for
word as follows:
Qnwentm between th United Rasw of Auv.a and A&ajieqt the R8M.of the h96 TI.
&anof tme 7W~v sioile sodet at Napi. Jmowai7 Inth 1855.

The United States of America Soa Maesti i Re del Regno delle Preamble.
and his Majesty the King of the due Sicilie e gli Staui Uniti di Amer-
kingdom of the Two Sieilies, equally iea, animati da egual desiderio di
animated with a desire to maintain mantenere e preservare da qual-
and to preserve from all harm the unque alterazione i rapporti di
relations of good understanding buena intelligenza che in ogni tempo
which have at all times so happily hanno felieemente esistito fra Lore
subsisted between themselves, as- e fra gli abitanti de Loro Stati ri-
also between the inhabitants of their spettivi, hanno di comune accordo
respective States, have mutually risoluto di sanzionare, per mezzo di
agreed to perpetuate, by means of una formal oonvenzione, i principi
a formal convention, the principles de'diritti de'neutri snl mare, ch'Eg-
of the right of neutrals at sea, which lino rionoseono quali condizioni
they recognize as indispensable con- indispensabili di ogni libertd di na-
ditions of all freedom of navigation vigazione e di commercio marittimo.
and maritime trade,. For this pur- A tal fine Sua Maestfi il Re del
pose the President of the United Rego delle due Sicilie ha munito
Sates has conferred full powers on di pieni poteri il Sig'r D. Luigi
Robert Dale Owen, minister resi- .Carafa della Spina de'Duchi di NWegotiatos.
dent at Naples, of the United States Traetto, Maggiordomo di settimana
of America; and his Majesty the della Maes t. Sua, Commendatore
King of the kingdom of the Two del Sue Real Ordine dil Merito
Sicilies has conferred like powers Civile di Franeesco L, Gran Croce
on Mr. Louis Carafa della Spins, of del distinto Real Ordine Spagnuolo
the dukes of Traetto, weekly major- di Carlo ILM, Grande Ufiziale deli'-
domo of his Majesty, commendator Ordine della Legione di Onore,
of his royal order of the civil merit Gran Croce dell'Ordine di S. Mi-
of Francis the First, grand cross of chele di Baviera, Gran Croce deW-
the distinguished royal Spanish or- Ordine Toseano del Merto sotto il
der of Charles the Third, great ofll- titolo di S. Gluseppe, Gran Croce
cer of the order of the legion d'hon- del'Ordine di Parma del Merito
neui, grand cross of the order of sotto il titolo di S. Ludovico, Gran
St. Michael of Baviera, grand cross Croce dell'Ordine della Rosa del
of the Florentine order of the merit Brasile, provvisoriamente incaricato
under the title of St. Joseph, grand del Portafoglio del Ministero degli
cross of the order of Parma of the Affani Esteri; ed il Presidente degli
merit, under the title of St. Ludo- Stati Uniti di America ha munito
vieo, grand cross of the Brazilian degli stessi poteri il Sig'r Roberto
order of the rose, provisionally Dale Owen, Ministro Residente di
charged with the portfolio of for- detti Stati Uniti in Napoli. I quali
eign affairs ; and said plenipotentia. Plenipotenziari dope di avere scam-

HeinOnline -- 11 Stat. 607 1837-1868


608 CONVEntION WITW THE TWO-I(ILIRS. JAi. 18,.18w.
ies, after having, exchanged their biato i loce pieni-poteri e trova"ll
full powers, found in good and due in buona e dovuta forms, bauno
form, have concluded and signed stabilito e sottoscritto i seguenti
the following articles: articolL
ARIOLE L ARTICOLO L

Iree The two high contracting parties


ships to Le due Alte Parti contraenti ri-
e OIds,
"ak 11ee recognize as permanent and immu- conoscono come permanenti ed inva-
e 00'b" table the following principles, to wit: riabili i principi seguenti, eio 6:
1st, That free ships make free goods; 1. Che I&Bandiera copre la mer-
that is to say, that the effects. or canzia (that free ships make free
goods belonging to subjects or citi- goods) val quanto dire, eke gil
zens of a power or State at war are effetti e le mercanzie di proprietA
free from capture and confiscation dei sudditi o de'cittadini di una. Po-
.when found 9n board of neutral ves- tenza o di uno Stato in guerra, sono
sels, with the exception of orticles esenti da eattura o oonfisaszione sui
contraband of war. 2d. That the bastimenti neutrali, eccetto che gli
etral pro.- property of neutrals on board an oggetti di contrabbando di guerra.
enemy's vessel is not subject to con- 2. Che la proprietA de'neutri non
ezep onet- fiscation unless the same be eontra- 4 soggetta a oonfiscazione sul bordo
ban band of wqr. They engage to apply di nave nemica, a meno che sla con-
Thaese prino. these principles to the commerce and trabando di. guerra. Ease Parti
jeatobeRppIle navigation of all such powers and coitraenti prendono impegno di
all ho will States as shall consent to adopt them applicare questi principi al commer-
adopt th% on their part as permanent and im- cio ed alla navigazione di qual-
mutable. unque Potenza o Stato che vorrA
dal eonto suo adottarli come perma-
nenti ed invariabilL
.A3TIOLD 1. ARTIOOLO IL

Vadestandlng
astplication
The two high contracting parties Le due Alt Parti contraenti al
and extension of reserve themselves to come to an riservano d'intendersi ulteriormente
these principles, ulterior understanding as circum- secondo ohe le circostanze potranno
stances may require with reprd to esigerlo, cirea l'applicazione e r'es-
the application and extension to be tensione da darsi, se vi sari luogo,
given, if there be any cause for it, ai prineipt convenuti nell' articolo 1.
to the principles laid down in the Ma fin da ora dichiarano che Ellefio
To be taken first article. But they declare from prenderanno per norma le stipula-
henceforth as ofa this time
rate to *judge . that they
. will take
. the zioni contenute nel detto articolo 1
neutrality stipulations contained in said article tutte le volte eke si trattert di va-
1st as a rule, whenever it shall be-
lutare i dritti di neutraliLd
come a question, to judge of the
rights of neutrality.

ARTIOL3 IlL ARTIOOLO IL

Other nations It is agreed by the high contract- Z convenuto fra Is Alte Parti
may accede to ing parties that all nations which contraenti, che tutte le Nazionf ohe
the above prln- shall or may consent to accede to eonsentir volessero ad accedere alle
ce the rules of the first article of this norme convenute nell'articolo I di
convention, by a formal declaration quests convenzione, mediante una
stipulating to obqerve them, shall formale dichiarazione, con cui s'im-
enjoy the rights resulting from such pegnino ad osservarle, godranno
accession as they shall be enjoyed de'diritti risultanti da tale accs-
and observed by the two powers alone, nel modo stesso che le Po-
signing this convention. They shall tenze segnatarie di quests Conven-
mutually communicate to each other zione godranno di siffatti dritti e li

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CONvENTION WTi~t THE TWO'kSIJIES. JjI. 18, 1855.

the results of the steps which may osserveranno. Elleno si comuni-


be taken on the subject. cheranno reciprocamente il risulta-
mento delle pratiche che a tale scopo
saran fatte.

ARTICLE IT. ARTIOOLO IV.

The present convention shall be Ls presente convenzione sar patfloatioa%


approved and ratified by the Presi- approvata e ratificata da Sua Ma-how to be mdi
dent of the United States of Amer- est6 il Re del Regno delle due Sici- and exchanged
ica, by and with the advice and lie, e da Presidente degli Stati
consent of the Senate of said States, Uniti di America, con 'avviso e
and by his Majesty-the King of the consenso del Senato de'detti Stati
kingdom of the Two Sicilies; and Uniti, e le ratifiche ne saranno
the ratifications of the same shall be scambiate in Washington nello spa-
exchanged at Washington within zio di dodici mesi a contare da
the period of twelve months, count- questo giorno, o pia presto se sara
ing from this day, or sooner if pos- possibile.
sible.
In faith whereof, the respective
In fede di che i Plenipotenziart
plenipotentiaries have signed the
rispettivi hanno sottoseritto la pre-
present convention, in duplicate,
sente Convenzione in dupliee spedi-
and thereto affixed the seal of their
zione, e vi hanno apposto it sug-
arms. gello delle loro armi.
Done at' Naples, thirteenth of Jan-
Fatta in Napoli li tredici di genu-
uary, eighteen hundred and fifty-five.
naio mille ottocento cinquantacinque.
ROBERT DALE OWEN, (L. S.] LUIGI CARAFA.
And whereas the said convention has been duly ratified on both parts, xebangs ot
and the respective ratifications of the same were exchanged in the city ratifications, Ja
of Washington on the 14th instant, by William L. Marcy, Secretary of ly 14, 855.
State of the United States, and Baron Wimspeare, his Sicilian Majesty's
Chargd d'affaires in the United States, on the part of their respective
governments.

Now, therefore, be it known that I, FRANKLIN PIERCE, President


of the United States of America, have caused the said convention to be
made public, to the end that the same, and every clause and. article
thereof, may be observed and fulfilled with good faith by the United
States and the citizens thereof.
In witness whereof, I have hereunto set my hand and caused the seal
of the United States to be affixed.

Done in the city of Washington, this sixteenth day of July, in


EL. S. the year of our Lord one thousand eight hundred and fifty-
five, and of the independence of the United States of
America the eightieth.
FRANXLIN PIERCE.
By the President:
W. L. MARCY,
&ceaa of &ate.

VOL. XI. TRCAT.-80

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HeinOnline -- 11 Stat. 610 1837-1868
TREATY WITH THE OHOCTAWS AND CHICKA.SAWS. Juiz 22, 1855. 611

FRIANKLIN PIERCE,
PRESIDENT OF THE UNITED STATES OF AMIMCA:

TO ALL AND SINGULAR TO WROM THMSE PRESENTS SALL COME, GREETING: June 22, 18.

WHiREAs a treaty was made and concluded at the city of Washington,


on the twenty-seoond day of June, one thousand eight hundred and fifty-
five, by George W. Manypenny, commissioner on the part of the United
States, Peter P. Pitchlynn, Israel Folsom, Samuel Garland, and Dixon W.
Lewis, commissioners on the part of the Choctaws, and Edmund Pickens
and Sampson Folsom, commissioners on the partof the Chickasaws, which
treaty is in the words following, to wit:

Articles of agreement and convention between the United States and Ttle.
the Choctaw and Chickasaw tribes of Indians, made and concluded at
the city of Washington, the twenty-second day of June, A. D. one thou-
sand eight hundred and fifty-five, by George W. Manypenny, commis-
sioner on the part of the United States, Peter P. Pitchlynn, Israel Fol-
som, Samuel Garland, and Dixon W. Lewis, commissioners on the part
of the Choctaws; and Edmund Pickens and Sampson Folsom, commis-
sioners on the part of the Chickasaws:

Whereas, the political connexion heretofore existing between the Choe- Preamble.
taw and the Chickasaw tribes of Indians, has given rise to unhappy and
injurious dissensions and controversies among them, which render neces-
sary a readjustment of their relations to each other and to the United
States: and whereas, the United States desire that the Choctaw Indians
shall relinquish all claim to any territory west of the one hundredth de-
gree of west longitude, and also to make provision for the permanent
settlement within the Choctaw country, of the Wichita and certain other
tribes or bands of Indians, for which purpose the Choctaws and Chicka-
saws are willing to lease, on reasonable terms, to the United States, that
portion of. their common territory which i* west of the ninety-eighth de-
gree of west longitude: and *hereas, the Choctaws contend, that, by a
just and fair construction of the treaty of September 27, 1880, they are, voL vii. . 85.
of right, entitled to the net proceeds of the lands ceded by them to the
United States, under said treaty, and have proposed that the question of
their right to the same, together with the whole subject-matter of their
unsettled claims, whether national or individual, against the United States,
arising under the various provisions of said treaty, shall be referred to
the Senate of the United States for final adjudication and adjustment, and
whereas, it is necessary for the simplification and better understanding of
the relaions between the United States and the Choctaw Indians, that all
their subsisting treaty stipulations be embodied in one comprehensive in-
strument r
Now, therefore, the United States of America, by their commissioner,
George W. Manypenny, the Choctaws, by their commissioners, Peter P.
Pitchlynn, Israel Folsom, Samuel Garland, and Dickson W. Lewis, and
the Chickasaws, by their commissioners, Edmund Pickens and Sampson
Folsom do hereby agree and stipulate as follows, viz:
AuRTICLE 1. The following shall constitute and remain the boundaries Future boun
of the Choctaw and Chickasaw country, viz: Beginning at a point on aries of the
Choctaw and
the Arkansas River, one hundred paces east of old Fort Smith, where Chiokaaw
contUy.

HeinOnline -- 11 Stat. 611 1837-1868


6N TREATY WITA THIE CMIO4TAWS AND CHICKASAWS. Julif 22,1855.
the western boundary line of tie State of Arkansas crosses the said
river, and running thence due south to Red River; thence up Red River
to the point where the meridian of one hundred degrees west longitude
crosses the same; thence north along said meridian to the main Canadian
River; thence down said river to its junction with the Arkansas River;
thence down said river to the place of beginning.
The lands in And pursuant to an .act of Congress approved May 28, 1830, the
those limits United States do hereby forever secure and guarantee the lands embraced
ethe within the said limits, to the members of the Choctaw and Chickasaw
1280, oh. 148. tribes, their heirs and successors, to be held in common; so that each and
VoL iv. p. 411. every member of either tribe shall have an equal, undivided interest in
Prov'iso as the whole: ProAvded, howev, no part thereof shall ever be sold without
to sale, ant as the consent of both tribes;. and that said land shall revert to the United
in said land, States if said Indians and their heirs become extinct, or abandon the
same.
District wis ARTiCoL 2. A district for the Chickasaws is hereby established,
lished for the bounded as follo*s, to wit. beginning on the "north bank of Red River,
Chickasaws. at the mouth of Island Bayou, where it empties into Red River, about
twenty-six miles on a straight line, below the mouth of False Wachitta;
thence running a northwesterly course along the main channel of said
bayou, to the junction of the three prongs of said bayou, nearest the di-
viding ridge between Wachitta and Low Blue Rivera, as laid down on
Capt. R. L. Hunter's map; thence northerly along the eastern prong of
Island Bayou to its source; thence 'due north to the Canadian River;
thetice west along the main Canadian to the ninety-eighth degree of west
longitude; thence south to Red River; and thence down Red Riyer to
the beginning: Provickd, hotowe, if the line running due north, from
the eastern source of Island Bayou, to the main Canadian, shall not
include Allen's or Wa-pa-nacka Academy, within the Chickasaw district,
then, an offset shall be -made from said line, so as to leave said academy
two miles within the Chickasaw district, north, west and south from the
lines of boundary.
Choctaw Dis- ARTICLE 8. The remainder of the country held in common by the
trict. Choctaws and Chickasaws, shall constitute the Choctaw district, and their
officers and people shall at all times have the right of safe conduct and
free passage through the Chickasaw district.
Present laws ARTIML= 4. The governmet and laws now in .operation and not in-
and
to goverment
gr-ment compatible with this instrument, shall be and remain in full force and
facetillaltre effect within the limits of the Chickasaw district, until the Chickasaws
shall adopt a constitution, and enact laws, superseding, abrogating, or
changing the same. And all judicial proceedings' within said district,
commenced prior to the adoption of a constitution and laws by the Chick-
asaws, shall be conducted and determined according to existing laws.
Either tribe ARTICLE 5. The members of either the Choctaw or the Chickasaw
may settle with- ribe shall have the riht,fly, to te within the urisdio of the
in the limits of *-fel, stl Jrnicino h
the other, and other, and shall thereupon be entitled to all the rights, privileges, and
sue incourts. immunities of citizens thereof; but no member or either itribe shall be
entitled to participate in the funds belonging to the other tribe. Citizens
of both tribes shall have the right tp institute and prosecute suits in the
courts of either, under such regulations as may, from time to time, be pre-
scribed by their respective legislatures.
Extradition of ARTICLE 6. Any person duly charged with a criminal offence against
criminals be- the laws of either the Choctaw or the Chickasaw tribe, and escaping into
tricts. the jurisdiction of the other, shall be promptly surrendered, upon the de-
mand of the proper authorities of the tribe, within whose jurisdiction the
offence shall be alleged to have been committed.
So far as law- ARTICLE 7. So far as may be compatible with the constitution of
ful the said tribes the United States and the laws made in pursuance thereof, regulatiig
to have self gov- ..
eminent trade and intercourse with the Indian tribes, the Choctaws and Chicka.

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TREATY WITH THR CUOOTAWS-AND C-HICKASAWS. Jmw 21A5618
saws shall be secured in the unrestrictef right of jelf-govQrnment, and
full jurisdiction, over persons and propety, within their respective limits;
excepting, however, all persons with their property, who are not by birth,
adoption, or otherwise citizens or members of either the Choctaw or
Chickasaw tribe, and all persons, not being citizens or members of either
tribe, found within their limits, shall be considered intruders, and be re- Intruders to
moved from, and kept ou; of the same, by the United States agent, be removpd.
assisted if necessary by the military, with the following exceptions, viz :
Such individuals as are low, or may be in the employment of the gov-
ernment, and their families; those peacefully travelling, or -temporarily
sojourning in the country or trading therein, .under license from the
proper authority of the United States, and such as may be permitted by
the Choctaws or Chickasaws, with the assent of the-United States agent,
to reside within their limits, without becoming citizens or members of
either of said tribes.
AsTic" 8. In consideriiion of the foregoing stipip.ationi and im- Payment to
mediately upon the ratification of this convention, there shall be paid to Ohtseoaw
the Choctaws, in such manner as their pational council shall direct, out.fn&.
of the national.fend of the Chiekasaws hold in trust by the United States,
te sum of one hundred and ifty thousand dollars.
.ATICLE 9. The Choctaw Indians do hereby absolutely and forever cession of
quitclaim and relinquish to the United States all their right, title, and land by the
interest in, and to any and all lands, west of the one hundredth degree of .uoetws
west longitude; and theChoctaws and Chickasiws do hereby lease to the Les by the
United States all that portion of their eommpn territory west of the ninety- Ch. taws and
eighth.degree of west longitude, for the permanent settlement of the Wi- ueohvk"a for
chita and such other tribes or bands of Indians as the government may dians.
desire to locate therein; excluding, however, all the Indians of New
Mexico, and also those whom usual ranges at present are north of the
Arkansas River, and whose permanent locations are north of the Cana-
dian River, but including those bands whole permanent rangs are south
of the Canadian, or between it and the Arkansas; which Indians shall
be subject to the exclusive control of. the United States, under such rules
and regulations, not inconsistent with the rights and interests of the
Choctaws and Chickasaws, ls may from time to time be prescribed by
the President for their government: Pr d homewr, the territory so
leased shall remain open to settlement by Choctaws and Chiekasaws as
heretofore.
ARTICLE 10. In consideration of the foreging relinquishment and Payment to
lease, and, as soon as practicable after the ratification of this convention, each of said
the United States will pay to the Choctaws the sum of six hundred ribes.
thousand dollars, and to the Chickasaws the snm of two hundred thou-
sand dollars, in sich manner as their general councils shall respectively
direct. -
AuTiCLE 11. The government of the United States, not being pre-
pared to assent to the qisim set up under the treaty of September the
twenty-seventh, eighteen hundred and thirty, and so earnestly contended
for by the Choctaws as a rule of settlement, but justly appreciating the
sacrifics, faithful services, and general good conduct of the Choctaw peo-
ple, and being desirous that their rights and claims against the United Certain ques.
States shall receive a just, fair, and liberal consideration, it is therefore tins,mitdto
to be sub.
the
stipulated that the following questions be submitted for adjudication to fr dea.
the Senate of the United States. aloL
First. Whether the Choctaws are entitled to, or shall be allowed, the
proceeds of the sale of the lands ceded by them to the United States, by
the treaty of September the twenty-seventh,'eighteem hundred ad thirty,
deducting therefrom the cost of their survey and sale, and all just and
proper expenditures and payments under the provisions of said treaty;
and if so, what price per acre shall be allowed to the Choctaws for the

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614 TREATY WITHa THE CHOCTAWS AND CHICKASAWS. JuNq 22, 1855
lands remaining unsold, in order that a final settlement with them may be
promptly effected. Or,
Second. Whether $he Choctaws shall be allowed a gross sum in further
and full satisfaction of all their claim national and individual against the
United States; and, if so, how much.
Ir sums are .&BTIOLE 12. In case the enate shall award to the Choctaws the net
awarded, how to proceeds of the lands, ceded as aforesaid, the. same shall be received by
be pd. them in full satisfaction of all their claims against the United States,
whether national or individual, arising under any former treaty; and
the Choctaws shall thereupon become liable and bound. to pay all
such individual claims as may be adjudged by the proper authorities of
the tribe to be equitable and just--the settlement and payment to be
made with the advice and under the direction of the United States agent
for the tribe; and so much of the fund, awarded by the Senate to the
Choctaws, as the proper authorities thereof shall ascertain and determine
to be necessary for the payment of the just liabilities of the tribe, shall
on their requisition be paid over to them by the United States. But
should the Senate allow a gross sum, in further and full satisfaction of all
their claims, whether national or individual, agnst the United States,
the same shall be accepted by the Choctaws, and they shall thereupon
become liable for, and bound to pay, all the individual claims as aforesaid;
it being expressly understood that the adjudication and decision of the
Senate shall be final
Sums due ATioLz 13. The amounts secured by existing treaty atipulationsm-
der present trea- viz: permanent annuity of three thousand dollars, under the second arti-
ties 10 be sui cle of the treaty of eighteen hundred and five; six hundred dollars per
Paid. annum for the support of Jight-horse men under the thirteenth article
of the treaty of eighteen hundred and twenty; permanent annuity of six
thousand dollars for education, under the second article of the treaty of
eighteen hundred and twenty-five; six hundred dollars per annum per-
manent provision for the support of a blacksmith, under the sixth article
of the treaty of eighteen hundred and twenty; and three hundred and
twenty dollars permanent provision for iron and steel, under the ninth
article of the treaty of eighteen hundred and twenty-five---shall continue
to be paid to, or expended for the benefit of, the Choctaws as heretofore;
or the same may be applied to such objects of general utility as may,
from time to time, be designated by the general council of the tribe, with
Funds held.in the approbation of the government of the United States. And the funds
trust. now held in trust by the United States for the benefit of the Choctaws
under former treaties, or otherwise, shall continue to be so held; together
with the sum of five hundred thousand dollars out of the amount payable
to them under articles eighth and tenth of this agreement, and also what-
ever balance shall remain, if any, of the amount that shall be allowed
Ahe Choctaws, by the Senate, under the twelfth article hereof, after satis-
fying the just liabilities of the tribe. The sums so to be held in trust
shall constitute a general Choctaw fund, yielding an annual interest ofpot
less than five per centum; no part of which shall be paid out as annui-
ty, but shall be regularly and judiciously applied, under the direction of
the general council of the Choctaws, to the support of their government,
for purposes of education, and such other objects as may be best calcu-
lated to promote and advance the improvement, welfare, and happiness of
the Choctaw people and their descendants.
Protection of AiTICLE 14. The United States shall protect the Choctaws and Chick-
said Indians. asaws from domestic strife, from hostile invasion, and from aggression by
other Indians and white persons not subject to their jurisdiction ant laws;
and for all injuries, resulting from such invasion or aggression, full indem-
nity is hereby guaranteed to the party or parties injured, out of the
treasury of the United States, upon the same principle and according to
the same rules upon which white persons are entitled to indemnity for
injuries or aggressions upon them, committed by Indians.

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TREATY WITH THE CHOCTAWS AND CHI0KASAWS. Jumv 22, 1856.615
AnTIOLz 15. The Choctaws and Chickasaws shall promptly appre- Extradition of
hend and deliver up all persons accused of any crime or offence oriminals, to U.
Staes or partle-
against the laws of the United States, or of any State thereof, who may ular stat.
be found within their limits, on demand of any proper officer of a State,
or of the United States.
ARTIOL 16. All persons licensed by the United States to trade with Payments by
the Choctaws or Chickasaws, shall be required to pay to the respective l'ee"d tre
tribes a moderate annual compensation for the land and timber used by
them; the amount of such compensation, in each ease, to be assessed by
the proper authorities of said tribe, subject to'the approval of the United
States agent.
ARTICLE 17. The United States shall have the right to establish and Mill Pots
maintain such military posts, post-roads, and Indian agencies, as may be Post=
Agenciesinay be
deemed necessary within the Choctaw and Chickasaw country, but nq etablished.
greater quantity of land or timber shall be used for said purposes, than
shall be actually requisite. and if, in the establishment or maintenance
of such posts, post-roads, and agencies, the property of any Choctaw or
Chickasaw shall be taken, injured, or destroyed, just and adequate com-
pensation shall be made by the United States. Only such persons as
are, or may be in the employment of the United States, or subject to the
jurisdiction and laws of the Choctaws, or Chickasaws, shall be permitted
to farm or raise stock within the limits of any of said military posts or
Indian agencies. And no offender against the laws of either of said
tribes, shall be permitted to take refuge therein.
AnTrCLE 18. The United States, or any incorporated company, shall Right of way
have the right of -way for railroads, or lines of telegraphs, through the f ls and
Choctaw and Chickasaw country - but for any property taken or de- egraph&
stroyed in the consttuction thereof, full compensation shall be made to the
party or parties injured, to be ascertained and determined in such man
ner as the President of the United States shall direct.
AR&TICLz 19. The United States shall, as soon as practicable, cause Boundary to
the eastern and western boundary lines of the tract of country described bo run and
in the 1st article of this convention, and the western boundary of the Marked.
Chickasaw district, as herein defined, to be run and permanently marked.
ARTiCLB 20. That this convention may conduce as far as possible to Generalt wee
am-
the restoration and preservation of kind and friendly feeling among the t be n
Choctaws and Chickasaws, a general amnesty of all past offences, corn- odd
mitted within their country, is hereby declared.
And in order that their relations to each other and to the United Only one agent
States may hereafter be conducted in a harmonious and satisfactory man- to be appointed.
ner, there shall be but one agent for the two tribes.
ARTICLz 21. This convention shall supersede and take the place of all This treoa to
former treaties between the United States and the Choctaws, and also, of suprsede
formner treaties
all treaty stipulations between the United States and the Chickasaws, and wth the 3ho-
between the Choctaws and Chickasaws, inconsistent with this agreement, tau, and all in-
and, shall take effect and be obligatory upon the contracting parties,
ese from tie.ntent tres-
w'Ith (kok
the date hereof, whenever the same shall be ratified by the respective asaws, or be-
councils of the Choctaw and Chickasaw tribes, and by the President and $we. said
Senate of the United States. tribes.
Whoa to take
AnTiCLE 22. It is understood and agreed that the expenses of the re- effect.
speetive commissioners of the two tribes, signing these articles of agree-. U. state. to
ment and convention, in coming to, and returning from this city, and paythe Commi
while here, shall be paid by the United States. sion&L

In testimony whereof, the said George W. Manypenny, commissioner


on the part of the United States, and the said commissioners on the part
of the Choetaws and of the Chickasaws, have hereunto set their hands
and seals.
Done in triplicate at the city of Washington, on this twenty-second

HeinOnline -- 11 Stat. 615 1837-1868


'616 TM TY W'T HE, 1HITAWA AND CHICKASAWS. 3tki 22, 1855.
day of June, in the year of our Lord one thousand eight hundred and
My-live.
GEORGE W. MANYPENNY,
8tata x
United S wssaoM'. .a.]
P. P. PITCHLYNN, [L..
ISRAEL FOLSOM, .. s.
SAIIL GARLAND,[. .
DICKSON W. LEWIS, L. .
EDMUND PICKENS, his x mark, .]
SAMPSON FOLSOM, . E. 0i
Executed in presence of
A. 0. P. NacnoLsog,
JA=9s G. BmRmT,
DOUGLAs H. CooPiR, United tates Adian Agent.
And whereas the said treaty having been submitted to the general
council of the Chickasaw tribe, the general council did, on the third day
of October, A. D. one thousand eight hundred and fy-five, assent to,
ratify, and confirm the same, with the following amendment: "Add to
the 19th article, By commissioners to be appointed by the contracting
parties hereto" by an instrument in writing, in the words and figures fol-
lowing, to wit : -

Assent of Whereas articles of agreement and convention were made and con-
Cbirknaws. eluded on the twenty-second day of June, A. D. one thousand eight hun-
dred and fifty-five, by and between George W. Manypenny, commissioner
on the part of the United States; Peter P. Pitchlynn, Israel Folsom,
Samuel Garland, and Dickson W. Lewis, commissioners on the part of
the Choctaws; and Edmund Pickens, and Sampson Folsom, commission-
ers on the part of the Chickasaws, at the city of Washington, in the Dis.
trict of Columbia, the preamble whereof is in the words and figures fol-
lowing, "to wit:" Whereas, the political connection heretofore existing
between the Choctaw and Chickasaw tribes of Indians, has given rise to
unhappy and injurious dissensions and contrversies among them, which
render necessary a readjustment of their relations to each other and to
the United States; and whereas, the United States desire that the Choc-
taw Indians shall relinquish all claim to any territory west of the one
hundredth degree of west longitude, and also to make provision for the
permanent settlement within the Choctaw country of the Wichita and
certain other tribes or bands of Indians, for which purpose the Choctaws
and Chickasaws are willing to lease, on reasonable terms, to the United
States, that portion of their common territory which is west of the ninety-
eighth degree of west longitude; and whereas the Choctaws contend that,
by a just and fair onstruction of the treaty of September 27, 1880, they
are of right entitled to the net prceeds of the lands edl ed by them to
the United States, under said treaty, and have proposed that the ques-
tion of their right to the same, together with the whole subject-matter of
their unsettled claims, whether national or individual, against the United
States, arising under the various provisions of said treaty, shall be re-
ferred to the Senate of the United States for final adjudication and ad-
justment; and whereas it is necessary, for the simplification and better
understanding of the relations between the United States and the Choctaw
Indians, that all their subsisting trety stipulations be embodied 'in one
comprehensive instrument; and whqreas, in the twenty-first article thereoft
it i among other things, recited that said agreeipent "shall take effect
and be obligatory upon the contracting parties from the date hereof,
whenever the same shall be ratified by the respective councils of the*

HeinOnline -- 11 Stat. 616 1837-1868


TREATY WITH THE VHOCTAWSAN'CIjQKASAWS. JMuM g3, 48%.4j7
Choctaw and Chiekasaw tribes of Indians and by the Presidentand Sen-
ate of the United States."
Now, therefore, be it known, that the Chickasaws, in general council
assembled, having duly considered said articles of agreement and eon-
vention, and each and every clause thereof, aqd being satisfied therewith,
do, upon their part, hereby assent to, ratify, and. confirm the same, as Amdmeat
stipulated and required, with .the following amendment: "Add to the
nineteenth article, "By comnmissioners to be appointed by the contracting
parties hereto."
. Done and approved at Tishomingo, in the Chickasaw district of the
Choctaw nation, this third day of October, in the year of our Lord, one
thousand eight hundred and fifty-five.
Passed the council. JOEL KEMP, PesidenL
Attest- D. COLBERT, F. 0
Cxaus HARuis, 6"kr of tke OesamL
And whereas the Chickasaws, in general council'assembled, did, on the
18th day of December, A. D. 1855, recede -from and rescind tho 'said
amendment, and did ratify and donfim the said tety, and every part
thereof, by an instrument in writing, in the words and figures following
to wit:-
Whereas the Chickasaws, in generil councif assembled,'after having Amendment of
duly considered the stipulations contained in a certaih convention and Olaleo.a re-
agreement, made and entered into at the city of Washington, on the 22d olded by them.
day of June, A. D. 1855, between George W. Manypenny, commissioner
on the part of the United States; Peter P. Pitchlynii, Israel Folsom,
Samuel Garland, and Dickson W. Lewis, commissiofters on the partrof
the Choctaws; Edmund Pickens and Sampson Folsom, commissioners on
the part of the Chickasaws, did, on the third day of October, A. D. 1855,
at Tisho-mingo, in the Chickasaw district, Choctaw nation, assent to, ratify,
and confirm each and every part of said convention and agreement, with
the following amendment, viz: "Add to the 19th article, ' By commission-
ers to be appointed by the contracting parties hereto." And whereas,
said amendment was not duly considered and concurred in by the Choc-
taws in general council assembled; but said agreement and convention,
and every part thereof, was assented to, ratified, and confirmed by said
council without amendment; Now, therefore, be it known, that the
Chickasaws, in general council assembled, having reconsidered said pro-
posed amendment, do hereby recede from, and rescind the same, hereby
assenting to, ratifying, and confirming said agreement and convention, and
every part -hereof
Done and approved at the council-house at Tisho-mingo, Chickasaw dis-
trict, Choctaw nation, this lath day of December, A. D. 1855.
Approved December 18, 1855.
J. McCOY, Presidert of the CounciL
Attest- DOUGHERTY COLBERT, Fl. .
CnRUs H&ARRIS, sefaea .
Signed in presence of-
3.Acxso Fuazziu, Cief Cickaaw distrc, hoctaw nation.
DOUGLAS H. CooPra, U. S. Indian Agent.

And whereas the said treaty having been submitted t6 the general
council of the Choctaw tribe, the said geaeral council did, on the 16th
day of November, A. D. one thousand eight hundred and fifty-five, con-
sent to and ratify the same by an instrument in the words and figures
following, to wit:
VOL. xt. TRHAT.-81

HeinOnline -- 11 Stat. 617 1837-1868


6ft . T TYWTB-TEM CHO(- TWs Ax- OHIOKASAWS. Jtmz 22,1856.
* Asent of Whe&da ardcles of agreemeat and conventjon were made and con-
Choctaws. cluded on the twenty-second day of June, A. D. one thousand eight hun-
dred and fifty-five, by and between George W. Manypenny, commissioner
on the part of the United States; Peter P. Pitchlynn, Israel Folsom,
Samuel Garland, and Djckson W. Lewis, commissioners on the part of
the"Choctaws; and Edmund Pickens and Sampson Folsom, commission-
ers on the part of the Chickasaws, at the city of Washington, in the Dis-
trict of Columbia, the preamble whereof is in the words and figures fol-
lowing, viz: "Whereas the political connection heretofore existing between
the Choctaw and the Chickasaw tribesof Indians, has given rise to unhappy
and injurious dissensions and controversies among them, which render neces-
sary a readjustment of their relations to each other and to the United States;
and whereas the United States desire that the Choctaw Indians slI relin-
quish all claim to any territory west of the one hundredth degree of west lon-
gitude, and also to make provision for the-permanent settlement within the
Choctaw country, of the Wichita and certain other tribes or banlis of In-
dians, for which purpose the Choctaws and Chickasaws are willing to
lease, on reasonable terms, to, the United States, that portion of their
common territory which is west of the ninety-eighth degree ot west lon-
gitude; and whereas, the Choctaws contend that, by a just and fair con-
struction of the treaty of September 27, 1830, they are, of right, entitled
to the net proceeds of the lands ceded by them to the United States,
under said treaty, and have proposed that the question of thqir right to
the same, together with the whole subject-matter of their unsettled claims,
whether national or individual, against the United States arising under
the various provisions of said treaty, shall be referred to the Senate of
+he United States, for final adjudication and adjustment; and whereas it
is necessary, for the simplification and better understanding of the rela-
tions" between the United States and the Choctaw Indians, that all their
subsisting treaty stipulations be embodied in one comprehensive instru-
ment ;!. and whereas, in the tvwenty-first article thereof, it is, among other
things, recited that said agreement "shall take effect and be obligatory
upon the contracting [parties] from the date hereof, whenever the same
shall be ratified by the respective councils of the Choctaw and Chickasaw
tribes and by the President and Senate of the United States."
Now, therefore, be it known, that the Choctaws, in general council as-
sembled, having duly congidered said articles of agreement and conven-
tion, and each and every clause thereof, and being satisfied therewith, do,
upon their part, hereby assent to, ratify, and confirm the same as stipu-
Wed and required.
Done and approved at the council-house, ab Fort Towson, in the Choc.
taw nation, this sixteenth day of November, in the year of our Lord one
thousand eight hundred and fifty-five.
TANDY WALKER, President of the Senate.
KENNEDY M. CURTAIN,
Speaker of t* House of Reresentatives.

Approved: GEO. W. HARKINS, hief of Apuck Distict.


N. COCHNANER,
Chief of PashenatahnDistrict.
ADAM CHRISTY,
Speaker, and Acting Chief of Moosholabbee District.
Siged in presence of
S "ndianAgen for Ohoctaw Ti.
OuaT.As H. Coorian, 'U.

And whereas the said treaty having been submitted to the Senate of
the United States for its constitutional action. thereon, the Senate did, on
the 21st day of February, A. D. one thousand eight hundred and yfty-

HeinOnline -- 11 Stat. 618 1837-1868


TREAT1 WITH TH 40)1O0TAWS AND CIOKASA.W8. JVNw2X 1846. 19,
six, advise and consent'to the ratification of the samo, by a resolution in
the words and figures following, to wit:
IN EXcurvzv SE.ssioN, SENATE OF MM UrTED STrAr8,
Fe7$ruy 21, 1856.
Reaet*4 (two thi& of 'the Senators present concurring,) Tha4 the Aantof SM
Senate advise and consent to the ratification of the articies of agreement, ate.
and conv~ntion betwien the United States and the Choctaw and Chicka-
jw tribes of Indians, made and concluded At the city of Washingtoi, the
twenty-second, day of Jane, Anno Domini one thousand eight hundred
and fifty-five, by George W. Manypenny, commissioner .o the part 9*"
the United States; Peter P. Pitehlynn, Israel Folsom, Samuel GazrJd
and Dixon W. Lewis, commissioners on the paRt of the Choctaws; and
EdmOnd Pickens and Sampson Fokom, commissioners on. the pat of
the Chickasaws.
Attest: ASBURY DICKIN, Srary
Now, therefore, be it.known, that I, FRANKLI PIERCE, Presi-
dent of the United States of America, do in pursuance of the advice and
consent of the Senate, as expressed in their resolution of the twenty-first
day of February, one thousand eight hundred, and fiftysix,, accept, ratify,
and confirm the-said treaty.
In testimony whereof, I have caused the seal of tie United States to
be hereto a9med, having signed the.same with my hand.
Done at the city of Washington, this fourth day of March, A. D.
[L. one thousand eight hundred and fifty-six, and of the independ.
ence of the United States, the eightieth.
FRANKLIN PIERCE.
By the President:
W. L. Mzor, &reta y of t. -

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HeinOnline -- 11 Stat. 620 1837-1868
TREATY WITH OTTOWAS AND CHIPPEWAS, JuLy 81, 1855.

FRANKLIN PIERCE,
PRESIDENT OF THE UNITED STATES OF AMERICA: 3nly 51, 18L.

TO ALL PESONS TO WHOK THES PREENTS SHALL COMB, GPETnG:

WHzRzAS a treaty was made and concluded at the city of Detroit, in Preamble.
the State of Michigan, on the thirty-first day of July, eighteen hundred
and fifty-five, between George W. Manypenny and Hebry C. Gilbert,
commissioners on the part of the United States, and the Ottowa and
Chippewa Indians of Michigan, parties to the treaty of March twenty-
eighth, eighteen hundred and thirty-s which treaty is in the words and
figures following, to wit:
Articles of agreement and convention made and concluded at the city Title.
of Detroit in the State of Michigan this thirty-first day of July, one
thousand eight hundred and fifty-five, between George W. Manypenny
and Henry C. Gilbert, commissioners on the part of the United States
and the Ottowa and Chippewa Indians of Michigan, parties to the treaty
of March 28, 1886.
In'view of the existing condition of the Ottowas and Chippewas, and
of their legal and equitable claim against the .United States, it is agreed
between the contracting parties as following:-
ARTIOLU L The United States will withdriw from sale for the benefit Certihlands
of said Indians as hereinafter provided, all the unsold public lands within be withdrwn
the State of Michigan embraced in the following descriptions to wit: from sale.
'rst. For the use of the six bands residing at and near Sault Ste. For the use of
Marie, sections 18, 14, 28, 24, 25, 26, 27, and 28, in' township 47, north, the six bands at
range 5 west; sections 18, 19, and 80 in township 47 north, range 4 ans ader
west; sections 11, 12,18,14, 15, 22,28,25, and 26, in township 47 north,
range 8 west, and section 29 in.township 47 north, range 2 west; sections
2, 8, 4, 11, 14, and 15 in township 47 north, range 2 east, and section 84
in township 48 north, range 2 east; sections 6, 7, 18, 19, 20, 28, 29, and
88, in township 45 north, range 2 east; sections 1, 12, and 18, in town-
ship 45 north, range 1 east, and section 4 in township 44 nor range 2
east.
S eeon For the use of the bands who wish to reside north of the For the u of
Straits of Mackinac, townships 42 north, ranges 1 and 2 west; townshipPof the bands north
the Straits of
48 north, range 1 west, and township 44 north, range 12 west. Mackinac.
Third. For the Beaver Island band,-High Island, and Garden Island For the Beaver
in Lake Michigan, being fractional townships 88 and 89 north, range 11I bad band.
west-40 north, range 10 west, and in part 89 north, range 9 and 10
west.
Four&s 'For the Cross Village, Middle.Vfllage, L'Arbrechroche and For certain
Bear Creek bands, and of such Bay du Noe and Beaver Island Indians other bands.
as may prefer to live with them, townships 84 to 89, inclusive north, range
5 west -townships 84 to 88, inclusive north, range 6 west-townships 84,
86, and 87, north, range 7 west, and township 84 north, range 8 west. e
.FflA. For the bands who usually assemble for payment at Grand For bands who
Traverse township 82 north, range 10 west-townships 29 to 82, north at we Grand
usun~yyyaid
Trav-
inclusive, range 11, west-townships 29 to 81, north- inblusive, range 12 oe township.
west-township 29 north, range 18 west, and the east half of township
29 north, range 9 west.

* See amendments i p.5.

HeinOnline -- 11 Stat. 621 1837-1868


Forltlk'4rad " SxthA )For the Giand River bands, including the band of which
in'udQ-a t of Me-tay-o-meg is chief-four adjoining townships of land in the county of
Neay-o e*m Mecosta, and four adjoining townships north of Muskegon River, and
west of range 12 west, which two loeationp, of four townships each, are
to be selected by said Grand River Indians within three months from this
date and notice thereof given to their agent.
For the Cho-' &tW*A.* For the Cheboygan band, one township of land in Cheboy-
boygaa band. ga county, to l~e selected and notied given as above provided.
For the Thun- ' .gAt. For the Thunder Bay band, section 25 and 86 in township 80
der Bay band. north, range 7-est, and section 29 in township 80 north, range 8 east.
Purchase for Should either of the bands residing near Sault Ste. Marie determine
band- who wih to locate near the lands owned by the misslonary q'oety of the Methodist
to ioneary 1ate Episcopal church at Iroquois Point, in 'addition to those who now reside
at Irac,
uPoint. there, it is agteed ihat the United States will purchase as much of said
lands fo6r the use of -the Indians as the society ma, ybe willing to self at
the usual government pric.
-Grant of iand The United' States will give to each Ottowa and Chippewa Indian
to each Indian, being the head of a family, 80 acres of land, and to each single person
- over 21 years of age, 40 acres of land, and to each family of orphan
children under 21 years of age containing two or more persons, 80 acres
*f land, and to each single orphan child under 21 years of age, 40 acres
e land to be selected and located within thu several tracts of land here-
inbefore described under the following rules and regulations :-
Splection how Each Indian entitled to land under this aicle may make his own selec-
made. "on of any land withhn the tract reserved herein for the band to whioh
e may belong-Proided, That in case of two or more Indians claiming
the .same lot or tract of laud, the matter shall be referred to the Indian
agent, who shall examinie the case and decide between the parties.
List of these 'For the purpose of determining who may be entitlecl to land under tho
entitled to be provisidos of this article, -lists shall be prepared by the Indian agent,
prepared which lists shall contain the names of all persons entitled, designating
them in four classes. Class 1st, shall contain the names of heads of fami-
lies; class 2d, the names of single persons over 21 years of age; class
8d, the nafles of orphan children under 21 years of age, compriiig
families of two'or more persons, and class Ath, the names of single orphan
children, under 21 yeari o< age, and no person shall be entered in more
than one class. Such ist shall be made and cloese by"the first day of
July, 1856, and thereafter no aiplications for the benefits of this article
will be allbwed.
e~eotions
O moay At any time within five years after -the compl~tlon of the lists, selec-
bemdeO wthin tions of lands may be made' by the pergons entitled thereto, and a notice
fie . thereof, with a description of the land selected, filed in the office of- the
Indian agent in Detroit, to be by him transmitted to the office of Indian
Affairs at Washinkon City.
To be accrd- - All selections of 4lnd under 4hs arfice must be made according to the
to usual usual legal sebdiuvisi ;' and frionatl lots, if containing less than 60
. acres, may be regarded as forty-ae lots, if over sixty and less than one
hundred and twenty acres, .as eight-ame lots. Selections for orphan
children may be made by themselves or their friends, subject to the ap-
proval of the agent.
Ps eOt'mnay After selections are made as herein provided, the persons entitled to
be taken atone land may take immediate possession thereof, and the Uuited States
will thenceforth and until' the, issuing of patents as hereinafter provided,
6eld the 'same in trust for such persons, and certificates shall be issued in
a, suitable form guamaateelng and securing -to the holders, their possession
Sale within ten and an ultimate title to the land. But such certificates shall not be as-
year, forbidden. signable and shall contain a clause expressly prohibiting the sale or irans-
fer by the holder of the land desci.bed therein.

SSee amendments, pWu,p. so.

HeinOnline -- 11 Stat. 622 1837-1868


TREATY WITH QOWAS A321 CH P~w4A.vxi.is .6~26

the expiration of ten years, such restriction on the power.. odsale Af'ter u
AlAfter
be withdrawn, and a patent shall be issued in the usal tqmu, to each n
original holder of a certificate for the land described therein, provided titi striation on salw
such restriction shall cease only upon the actual issuing of the patent; and Oee
provided further that the President may in his discretion at any time in
iddividual cases on the recommendation of the Indian agent when it shall
appear prudent and for the welfare of any holder of a certificpte, direct a
patent to be issued. And provided also, that after the expiration of ten
years. if individual cases shall be reported to the President by the Indiat
agent, of persons who may then be incapable of managing their own af-
fairs from any reason whatever, he may direct the patents in such cases to
be withheld, and the restrictions provided by the certifcate, eontinued io
long as he.may deem necessary and proper.
Should 1ny of the heads of families die before the issuing of th ceril- Provisloh for
Cates or patents herein provided for, the same shall isoue to the hqirs of ee o death.
such deceased persona.
The benefits of this article will be extended only.to tbioe lndja s. who To whom this
are at this time actual residents of the State of Jichigan, and entitled to y shall *I-
participate in the annuities prQvided by the treaty of Mirch 28, 1886;
ut this provision shall not be coustrued to exclude any ]dian now be-
longing to the Garden River Band of Sault Ste. Marie. "
All the land embraced within the tracts hbreinbefore described, thet After five
shall not have been appropriated or selected within live yeis, shall remain y"a the re-
the property of the United States, and the same shall thereafter, for the may maining lands
be entered
further term of five years, be subject to entry in the Usual *=ner and at ia the usual
the same rate per acre as other adjacent public lands are then held, by u~ne Miaus ftle
by In-
Indians only ; and all lands, so purchaed by Indians, salt be sold With- ys, ana then
Out restriction, and eertflicatee and patents shall be issued for the same in gy any one.
the usual form as in ordinary eases ; and "all lands remaining unappropri-
ated by or unsold to the Indians after the expiration of the last-mentioned
term, may be sold or disposed of by the United States as in the case of all
other public lands.
Nothing contained herein shall be' i construed as to prevent he a Grant$ for
SO1cbnrcesschools
propriation, by sa1e, gif or otherwise, by the United States, of any tr5at o &. may be
tracts of land within the aforesaid reservations for the location of churches, made.
school-houses, or for other educational purposes, and for such n~iipm Indmi may
purchases of land may likewise be made fr6m the Indian 't" eonsen dent' cosuet.
of the President of the United States, havin, in every inste, arst be*
obtained therefor.*
Aanxoqx 2. The United States will also pay to the said Tniians :the Paymnts to
sum ofifive hundred and thirty-eight thousan and four hundred dollrs daidLa s.
in mainer folowing, to wit:
Ar.g Eighty thousand dollars for eduattional pmpos to be dint1i 80,o0 in ton
equal annual instalments of eight thousand dollars each, which um s tent.qualaal In.
be expended under the direction of the President of the United Stkted-;
arid in the expenditure of the same, and the appointment of teachers and
mlanagement of schools, the Indians shall be consulted, and their views
and wishes adopted so far as they may be just and reasonable.
Saeco"s Seventy-five thousand dollars to be paid in five equal annual in- $7,000 in ive
stalments of fifteen thousand dollars each in agrieultu'a implements and a n -
earpenters" tools, household furniture and baid9ng materials, cattle, labor,
and all .adel articles as miy be neeesstr and' sful for them in remov-
ing th the homes herein provided and getting p6rmanently settled thereon.
2 lsr$ Forty-two thousand and four hundred dollars or ihe support of blacksmith's
02'M for
four blabksmith shops for ten years. sh lh
O&t. The s= of three hundred and six thousanawdollars in Wo, as fol- Js0eoO
lows :--ten thousand dillars of the principal and the' intereit on the whole " o
ofsaid lastmentloned sum rentluing unpaid at the rvte of Ave per cent. capita.,
* Se amendments by adding elauses, pos pp. go, St.

HeinOnline -- 11 Stat. 623 1837-1868


624 TREATY WITH'OTTOWAS AD CHIPPEWAS, JoLr 81, A/865,
annually for ten years, to be distributed per eaita in the usual manner
for paying annuities. And the sum of two hundred and six thousand
dollars remaining unpaid at the expiration of ten years, shall be then due
and payable, and if the Indians then require the payment of said sum in
coin, the same shall be distributed per capita in the same manner as an-
uities are paid, and in not less than four equal annual instalments.
annuallinsital-s FA The sum of thirty-five thousand dollars in ten annual instalments
mente. of three thousand and five hundred dollars each to be paid only to the
Grand River Ottawas, which is in lieu of all permanent annuities to
which they may be entitled by former treaty stipulations, and which sum
shall be distributed in the usual manner per capita.'
Liabilities ARTICLE 8. The Ottawa and Chippewa Tdians hereby release and
under 'rm discharge the United States from all liability on account of former treaty
tJMtI elese&stipulations, it being distinctly understood and agreed that the'grants and
payments hereinbefore provided for are in lieu and satisfaction of all
claim, legal and equitable on the part of said Indians
ally against the United States, for land, niney or other jointly and sever-
thing guaranteed
to said tribes or either of them by the stipulations of any former treaty or
treaties; excepting, however, the right of fishing and encampment secured
to the Chippewas of Sault Ste. Marie by the treaty of June 16, 1820.
Interpreters. ARTICLE 4. The interpreters at Sant Ste. Marie, Mackinae, and for
the Grand River Indians, shall be continued, and another provided at
Grand Traverse, for the term of five years, and as much longer as the
President may deem necessary.
aTribal organ- "RTICL The tribal organization of said Ottawa and Chippewa
t.
zatlon diso.e ndians, except so far as may be necessary for the purpose of carrying
Inmot epec into effect the provisions of this agreement, is hereby dissolved; and if at
any time hereafter, further negotiatias with the United States, in refer
ene to any matters contained herein, should become necessary, no gen-
eral convnTion of the Indians shall be called; but suchas rneside in the
-icOnity of any usual place of payment, or thae only wh are ommediately
Futur treatss interested in the questions involved, may hrrange
all matters between
how made, themselves and the United States, without the concurrence of other por-
tions of their people, and as fully and conclusively, and with the same ef-
fet in every respect, as if all were represented.
Tvty ien
A 6. Thispagreement shall be obligatory and binding on the
fIaCLE.
utor triontracting parties as soon as the same shall be ratified my the President
and senate of the United States.
In testimony whereof the said George iv. Manypenny and the said

Henry C. Gilbert, commissioners as afgresaid, and the undersigned chiefs


ind headmen of the Ottawas.and Chippewas, have hereto set their hands
and seals, at the city of Detroit the day and year first above written.
GEO. W. MANYPENNY, EL. 8.3
HENRY C. GILBERT, [L.] '
rC onMe p4r of te United
J. Lo4 x CannuT,
RzoieD XSrvn

Sauk &te Mari Bax&.


OHAW-WAW-NO-XE-WA tN-ZE oie his x mar. 1. .
WAW-BO-JJEG, chief, his x mark. :.L. a.
s.
KAY-BAY-NO-DIN, chief, his x mark.
his mark.
x L. a.
O-MAW-NO-MAW-NE. chie4
SHAW-WAN, chie4 Me x Markf; L.S.
PI-AW-BE-DAW-SUNG, chleA his x mark. .L.S.
WAW-WE-GTJN, headman, hia x mark. SL..
PA-NE-GWON, headman, his x mark. L.S.
BWAN, headman, his x mark. L..

HeinOnline -- 11 Stat. 624 1837-1868


TREATY WITH OTTOWAS AND CHIPPEWAS, JuLy 81,. 1855.
TAW-MEECE, headman, his x mark. rl .
NAW-O-GF-ZHICK, headman, his x mark. [L..
SAW-GAW-GIEW, headman, his x mark. .

G0and Biver Bards


NE-BAW-NAY-GE-ZHICK, chief, his x mark. 'L.o."
SHAW-GWAW-BAW-NO, chief, his x mark. 'L.s
AISH-KE-BAW-GOSH, 2d chie his x mark. '. s.
NAY-WAW-GOO, chie4 his z mark. L. S.
NE-BE-NE-SE, chief4 his x mark. L. s.
WAW-BE-GAY-KAKE., chied, his x mark. L. s.
KE-NE.WE-GE-ZHICK, chie; his x mark. 'L.a.
MEN-DAW-WAW-BE, chief his x mark. . .:
MAISH-KE-AW-SHE, chief his x mark. 'L. a.
PAY-SHAW-SE-GAY, chief, his x'mark. 1. a.:
PAY-BAW-ME, headman, his x mark. '.
PE-GO, chief, his x mark. 'L.s.'
CHING-GWOSH, chief his x mark. L.
SHAW-BE-'QUO-UNG, cdef his x maik .. s
ANDREW J. BLACKBIRD, headman, his x niark. L. S.
KE-SIB-SWAW-B&Y, headman, his x mark. .L. .
3NAW-T-NAISH-CUM headman, his x mark. 'L. V:

&= rtm
1wr Bad.
AISH-QUAY-GO-NAY-BE, chief, his x mark. I. s.
AH-KO-SAY, chief his x mark. 'L. &,
KAY-QUAY-TO-SAY, chief his x mark. 'L. a.
O-NAW-MAW-NINCE, chef his x mark L. a.
SHAW-BWAW-SUNG, chie•- his x mark. '."
LOUIS M10K-SAW-BAY, headivhhaa his x mark. .. s.:
MAY-DWAY-AW-SHE, headman, his x mark. L. 8:
ME-TAY-O-MEIG, chief his x mark, '. a.
ME-NAW-QUOT, headman, his x mark. 'L. a:

'
WAW-SO, e . his x mk. '- .
MWAW-K-WF-bTAW, chief his x mark. L. ."
PE-TAW-SE-GAY, headman, his x mu&
KE-NE-MF&.HAW-GlUN, chid,. his x mark.,'.L.. a::
MAY-TWAY.QND)AW-GAW-SE,headmun, his x mark I. s.'
ME-GB-SE-MfbNG, badmain, )is
h x AM& 1L. 9.
PI-A-ZHICK-WAY-WE-DONG, headman, 'is x marL 'L. 6:
KEY-WAY-KEN-DO, headman, his x mark. 'L.a.'

Mawa Bovuds.
O-SAW-WAW-NEME-KF4 chief, his x mark . 4:I.
KE-NO-ZHAY, headman, his x mark. 'L. a.
PETER HANSE, headman, his x mark. ')a. s
SHAW-BE-CO-SHIN4, chieg, his x mark. 'L. a.'
SHAW-BWAY-WAY, chief, his x mark. 'L. a.
PE-ANE, headman, his X mar . 8:.
.SAW-GAW-NAW-QUAW-DO, headman,, his x mark. 'L.a.
NAY-O-GE-MAW, chief, (LiLe Triverse,) his x mark. .L. .*
VOL. XL TRzAT.-82

HeinOnline -- 11 Stat. 625 1837-1868


626 TREATY WITH OTTOWAS AND CHIPPEWAS, JULY 81, 1855.
ExecuteA in the presence of'
JNo. 3L D. JoHBIsTON,
JomN F. GODFXOX,
GBT. JoHNsToN,
AUG. HAyMLn,
L. CxAMPAU,
Joszun F. MuasuL,
G. D. WLLumB,
P. B. BABusEw,
A. KL FrToC,
W. I. GODROY.

And whereas the said treaty having been submitted to the Senate of
the United States for its constitutional action thereon, the Senate did, on
the fifteenth day of April, eighteen hundred and fiftysx, advise and con-
sent to the ratification of the. same, with- amendments, by a resolution in
the words and figures following, to wit:

"IN EXZCUrrVE SUBssxo, S uAm 03P =T Um TE STATES,


.pril 15, 1856.
"Beoled, (two thirds of the Senators present concurring,) That the
Senate advise and consent to the ratification of the treaty made and con-
eluded with the Ottowas and Chippewas, on the thirty-first day of July,
eighteen hundred and fy-five, with the following

AMENDMENTS.
Amendments. Amrxom 1. At the end of the "FourSA" clause, strike out the words
Arteloe L "township 84 north, range 8 west," and insert the wordai '*all that pd
of township 84, north range, 8 west, lying north of Pine River."
8 AM ARTICLI. Strike out the "FiI' clause, in the folowing words:
"for the bands, who usually assemble for payment at Grand Traverse,
township 82 north, range 10 west; townships 29 to 82 'north, inclusive,
range 11 west; townships 29 to 81 north, inclusive, range 12 west; town-
ship 29 north, range 18 west, and the east half of township 29 north,
range 9 west,' and insert, in lieu thereo, the following: "for the bands,
who usually assemble for payment at Oranid Traverse, townships 29, 80,
and 81, north range 11 west, and townships 29, 80, and 81 north range
12 west, and the east half of township 29, north range, 9 west.'
SAim ARTIOLE. Strike out the "&t" clause, in the following words:
Sfor the Grand River bands, including the band, ekf which Me-tay-o-meg
is chief four adjoining townships of land in the county of Mecosta, and
four adjoining townships north of Muskego. Rive, and west of range 12
west, which two locations of four townships each are to be selected by
said Grand River Indians within three months from this date, and notice
thereof given to their agent," and insert, in leu thereof the following:
"for the Grand River bands, township 12, north range 15 west, and
townships 15, 16, 17, and 18, north range, 16, west."
SA m ARxiLE. Strike out the "& S s
e net" clause, in the following
words: "for the Cheboygan band, one towsip of -land in (heboygan
county, to be selected, and notice given, as above provided;" and insert,
in lieu thereof the following: "for the Cheboygan band townsip 85,
and 86, north range, 8 west.
SAxE AwriLE Add the lollowing at the end thereof:
R hts of m "It is also agreed that any lands within the aforesaid tracts now oce-
tl by eDP- pied by actual settlers, or by peradna entitled to predmption thereon, shall
be exempt ifrom the provisions ef th, Article; provided, that such pre-

HeinOnline -- 11 Stat. 626 1837-1868


TREATY WITH OTTOWAS AND CHIPPEWAS, JuLy 81, 1855. 627
emption claims shall be proved, as prescribed by law, before the first day
of October next."
"Any Indian, who may have heretofore purchased land for actual Indian pur-
settlement under the act of Congress, known as the Graduation Act, may under
sell and dispose of the same; and in such case, no actual occupancy or may sell.
residence by such Indians on land so purchased shall be necessary to
enable him to secure a title thereto."
"In consideration of the benefits derived to the Indians on Grand Grant to mis-
Traverse Bay by the school and mission established in 1888, and still con- tewof Presby-
tinued by the Board of Foreign Missions of the Presbyterian Church, it *i.2s per ae.
is agreed that the title to three separate pieces of land, being parts of
tracts Nos.3 and 4, of the west fractional half of section 85, township
80 north, range 10 west, on which are the mission and school buildings
and improvements, not exeeeding in all sixty-three acres, one hundred and
twenty-four perches,
$1.25 per acre; andshall
the be vested of
President in the
the United
said Bod on payment of
States shall issue a
patent
"TheforUnite
the samet to such
wilperson
a as thethesad
pay Boardsum
further shall
of appoint."
f thousand Furtherpay-
dollars,
tion or sopresent
of the much thereof as may be of
just indebtedness necessary,
the said toOttawa
be applied
and in liquida-
Chippewa payoebs.
Indians; provided, that all claims presented shall he investigated under
the direction of the Secretary of the Interior, wh@ shall prescribe such
rules and regulations for conducting such investigation, and for testing the
validity and justice of the celajms, as he shall deem suitable and proper;
and no clam
shal be'paid except upon the certificate of the said Secre-
that, in -his opinion, the same is justly and equitably due; and all
t , who shall not present their claims within such time as may be
limited by said Sectary within six months from tlhe ratifiction of the
treaty, or whose claims, having been presented, shall be disallowed by
him, shall be forever precluded from collecting the same, or maintaining
an action eon in any court whatver; and provided, also, that no
portion of the money due osaid
Indians for annuities, as herein provided,
shall ever be appropriate, to pay their debts under any pretence what-
ever; provided,
increase that theduebalance
of the amount for theofcessing
the amount herein allowed, aforesaid,
and relinquishments as a just pngto
lancee to be
the Chip-
after satijaction of e the adof the Secretary of the Interior, shall be pe
aid to the said Chippewas or expended for their benefit, in such manner
as the Secrtaryshall prescribe,in aid ofayofthe objectsspecifed i
the second ariele of this treaty." months f
Attest:AS R DC N, q .
And whereas the said amendments having bee snbmitted to hile chieb
and headmen of the Ottawa and Chippewa tbes of Indias the said
chiefs and headmen having heard the same read and explained to them,
did .a t to and ratiofthe same, by an intumt, in thewords and
fgures folowin, t wit:
We, the undersigned chiefs and headmen of the Chippewaaliving P t ef I
near SanitSte. oarie,
th having had the amendments adopted by the P oSena
Senate of the id Stas o e anded t eroit n the 81stme
ay e July, 186, fully explained to us and being atisfiec therwith do
erb assent to and ratin the s hane..
In witueswhereof we have hereto t ourie
ads this 7th dayof June,
A. D. 1856. PI-AW-BE-DAW-SUNG, his wod a
TBGOS, his x mark.
SAW-GAW-JEW, i z mark.
sH4~w.ANo, ., ; m~k.

HeinOnline -- 11 Stat. 627 1837-1868


TREATY WITH OTTOWAS AN) CHIPPEWAS, Jutr 81, 1855
WAW-BO-JIC, his x mark.
RAY-BAY-NO-DIN, his x mark.
SHAW-WAN, his x mark.
O-ME-NO-MEE-NE, his x mark.
PAY-NE-GOWN, his x mark.
WAW-WE-GOWN, his x mark.
MA-NFDO-SCUNG, his x mark.
NAW-WE-GE-ZHICK, his x mark.
YAW-MENCE, his x mark.
BAWN, his x mark.
Signed in presence of
EBU3NZ WAX R-,
Jxo. X. JoHNsToN, U.&SIn& intprefer.
PLAIUS OAD.

We, the undersigned ehief; and headmen of the Ottowa and Chippewa
nation, having heard the foregoing amendments read and explained to us
by our agent, do hereby assent to and ratify the same.
In witness whereof we have hereto affixed our signatures this 2d day
of July, A. D. 1856, at Little Traverse, Mch.
WAW-SO, his x mark.
MWAW-iE-WF-NAW, his x mark.
NE-SAW-WAW-QUOT, his x mark.
AW-SE-GO, his x mark.
KE-ZHE-GO-N9, his x mark.
KAIN-WAW-BE-KI8S-SE, hisix mark.
PEMAINE, his x mark.
PFTAW-SE-GAY, his x mark.
KE-NE-ME-CHAW-GUN, his x mark.
KAY-TWAY-ON-DAY-GAW-SHF, his x mark.
ME-GE-SE-MONG, his x mark.
KEY-WAY-KEN-DO, his x mark.
NAY-O-GE-MAW, his x mark.
In the presence of
HInM C. Gmnb , 3&4= Aget,
AUG. HAa n, Itrprte,
JoHN F. GoDnroY, Is
G. T. W=mDinL,
A. J. BLAoE3ImD.
We, the ehieh and headmen of the Ottawa and Chippewa Indiana
residing near Grand Traverse Bay, having heard the foregoing.amend-
ments adopted by the Senate of the United States to the treaty of July
81, 1855, read, and the same having been fuly explained to us by our
agent, do hereby assent to and ratify the same.
Done at Northport on Grand Traverse Bay, Mch., this 5th day of July,
A. D. 1856.
AISH-QUAY-GO-NAY-BE, his x mark.
AH-KO-SAY, his x mark.
O-NAW-MO-NEECE, his x mark.
KAY-QUA-TO-SAY, his x mark.
PETE-WAW- A-ZOo, his x mark.
SHAW-BWAW-SUNG, his x mark.
LOUIS-MICK-SAW-BAY, his x mark.

HeinOnline -- 11 Stat. 628 1837-1868


TREATY WITH OTTOWAS AND CHIPPEWAS, JuLr 81, 1855.
In presence of
H. Q GILBERT, ndian Ag=
J. F. GoDraO, ,,'rpr.,
G39o. N. SMITH,
Pwurm DOUGHRRTY,
NOwaON BARzNS.
We, the undersigned, chiefs and headmen of the Grand River bands
of the Ottowa and Chippewa Indians of Michigan. having heard the
amendments of the Senate to the treaty of the 81st of July, 1855, read,
and the same having been fully explained to us, do hereby assent to and
ratify the same.
Done at Grand Rapids in the State of Michigan this 81st dy of July,
A. D. 1856.
CAW-BA-MO-SAY, his x mark.
SHAW-GWAW-BAW-NO, his x mark.
AISH-KE-BAW-GOSH, his x mark.
WAW-BE-GAY-KAKE, his x mark.
NE-BA-NE-SEH, his x mark.
CHING-GWOSH, his x mark.
MASH-CAW, his x mark.
GAW- GA-GAW-BWA, his x mark.
NOTE-ENO-KAY, his x mark.
NE-BAW-NAY-GE-ZHICK, his x mark.
PAY-BAW-ME, his x mark.
SHAW-BE-QUO-UNG, his x mark.
MEN-DAW-WAW-BE, his x mark.
In presence of
JOHN F. GoDyEoT, U. &..&teoper.
WN. CoNosar,
F. N. Gomy.
Now, therefbre, be it known, that I, FRANKLIN PIERCE, Pres-
dent of the United States of America, do, in pursuance of the advice and
consent of the Senate, as expressed in their resolution of the fifteenth
day of April, eighteen hundred and Mfly-sax, accept, ratify, and confifn
the said treaty, with the amendments
In testimony whereof, I have caused the seal of the United States to
be hereto affixed, having signed the same with my hand.
Done at the city of Washington, this tenth day of September,
E'. a.] A. D. one thousand eight hundred and My-six, and of the
Independence of the United States, the eighy-first.
FRANKLIN PIERCB.
*Bythe President:
W. L. MAaoy, Seerstaryof ate.

HeinOnline -- 11 Stat. 629 1837-1868


HeinOnline -- 11 Stat. 630 1837-1868
TREATY WITH CHIPPEWAS OF SAULT STE. MARIE. AuG. 2,1855. 681

FRANKLIN PIERCE,
PRESIDENT OF THE UNTED STATES QF AMERICA,

To ALL AMD SINGULAR TO WHOX TEMSB PRSNTS SKALL COME, GE -G: Aug. 2, 185.

Wnunas a treaty was made and concluded at the city of Detroit, in


the State of Michigan, the second day of August, eighteen hundred and
fifty-five, by George W. Manypenny and Henry C. Gilbert, coinmission-
ers on the part of the United States, and the Chippewa Indians of Sault
Ste. Marie, which treaty is in the words iad figures following, to wit :-
Articles of agreement made and concluded at the city of Detroit, in
the State of Michigan, the second day of August, 1855, between George
W. Manypenny and Henry C. Gilbert, commissioners on the part of the
United States, and the Chippewa Indians of Sault Ste. Marie.
ARTzcLE 1. The said Chippewa Indians surrender to the United Mlghtof fshing
States the right of fishing at the fas of St. Mary's, and of encampment, surrendered.
convenient to the fishing-ground, secured to them by the treaty of June
16, 1820.
ARTICLE 2. The United States will appoint a commissioner who Payment for
shall, within six months after the ratification of this treaty, personally suck surnder.
visit and examine the said fishery and place of encampment, and deter-
mine the value of the interest of the Indians therein as the same origi-
nally existed. His award shall be reported to the President, and
shall be final and conclusive, and the amount awarded shall be paid to
said Indians, as annuities are paid, and shall be received by them in full
satisfaction for the right hereby surrendered: Potido That one-third
of said award shall, if the Indians desire it, be paid to such of their half-
breed relations as they may indicate.
ATICLS 8. The United States also give to the chief, O-shaw-waw- Grant to 0.
no, for his own use, in fee-simple, a small island in the River St. Mary's, aw-w-no.
adjacent to the camping-ground hereby surrenderod, being the same is-
land on *hich he is now encamped, and said to contain less than half an
acre.
Provided, that the same has not been heretofore otherwise appropriated
or disposed of; and in such case, this grant is to be void, and no com-
pensation is to be claimed by said chief or any of the Indians, parties
hereto, in lieu thereof
AnTIOLB 4. This agreement shall be obligatory and binding on the
contracting parties as soon as the same shall be ratified by the President
and Senate of the United.States.
In testimony whereof, the said George W. Manypenny and the said
Henry C. Gilbert, commissioners as aforesaid, and the undersigned chiefs
and headmen 6f the Chippewa Indians of Sault Ste. Marie, have hereto
set their hands and seals at the city of Detroit the day and year first
above written.
GEO. W. MANYPENNY, L.s.]-
HENRY C. GILBERT, - .. s.]

ICHARJD X SMH~, &cwa .


-SHAW-WAW-NO, chief, his x mark.
WAW-BO-JIEG, chieg his x mark. L8.

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682 TREATY WITH CHIPPEWAS OF SAULT STE. MARIE. AuG. 2,1855.
KAY-BAY-NO-DIN, chief, his x mark. L. S."
O-MAW-NO-MAW-NE, chie; his x mark. L. s.
SHAW-WAN, chief, his x mark, 'L. S.
PI-AW-BE-DAW-SUNG, chie4 his x mark. 'L. s.'
WAW-WE-GUN, headman, his x mark. 'L. s.
PAY-NE-GWON, headman, his x mark. 'L. s.'
TAW-MEECE, headman, his x mark. 'L.a.
BWAN, headman, his x mark. 'L. s.'
SAW-GAW-JEW, headman, his x mark. L. 8.
NAW-WE-GE-ZHICE, headman, his x mark. L. S.'

Executed in the presence of


J. LOGAN CHpMAN,
GEoRGz SMTH,
W. H. COLLINS,
Jio . JOHNSTON, I,, 7 ipet....
Gzo. JOHNSTON,

And, whereas, the said treaty having been submitted to the Senate of
the United States for its constitutional action thereon, the Senate did, on
the 15th day of April, A. D. eighteen hundred and fifty-six, advise and
consent to the ratification of the same. by a resolution in the words and
figures following, to wit: -
IN EXECUTIVE SESSION, SENATE oF Tm UITED STATES,
Apri 15, 1856.
eeolved, (two-thirds of the senators present concurring,) that the
Senate advise and consent to the ratification of the treaty made and con-
eluded with the Cbippewas of Sault Ste. Marie, on the second day of
August, eighteen hundred and fifty-five.
Attest: ASBURY DICKINS, ,Seretarj.
Now, therefore, be it known, that I, FRANKLIN PIERCE, Presi-
dent of the United States of America, do in pursuance of the advice and
consent of the Senate, as expressed in their resolution of the fifteenth
day of April, eighteen hundred and fifty-six, accept, ratify, and confirm
the said treaty.
In testimony whereof, I have caused the seal of the United States to
be hereto affixed, having signed the same with my hand.
Done at the city of Washington, this twenty-fourth day of April,
A. D. eighteen hundred and fifty-six, and of the independence
of the United States, the eightieth.
FRANKLIN PIERCE.
By the President:
W. L. MAwr, &cretoyof SW&.

HeinOnline -- 11 Stat. 632 1837-1868


TREATY WITH THE CHIPPEWAS. AuG. 2,1855.

FRANKLIN PIERCE,
PRESIDENT OF THE UNITED STATES OF AMERICA. Aug.2, 185L

TO ALL PERSONS TO WHOM THESE PRESENTS SHALL COME, GREETING:

WEREAS, a treaty was made and concluded at the city of Detroit, in


the State of Michigan, on the second day of August, one thousand eight
hundred and fifty-five, between George W. Manypenny and Henry C.
Gilbert, commissioners on the part of the United States, and the Chip-
pewa Indians of Saginaw, parties to the treaty of January 14th, 1837,
and that portion of the bands of Chippewa Indians of Swan Creek and
Black River, parties to the treaty of May 9, 1836, and now remaining
in the State of Michigan, which treaty is in the words and figures follow-
ing, to wit:-
Articles of agreement and convention, made and concluded at the city Title.
of Detroit, in the State of Michigan, this second day of August, one
thousand eight hundred and fifty-five, between George W. Manypenny
and Henry C. Gilbert, commissioners on the part of the United States,
and the Chippewa Indians of Saginaw, parties to the treaty of January
14, 1887, and that portion of the bands of Chippewa Indians of Swan
Creek and Black River, parties to the treaty of May 9, 1836, and now
remaining in the State of Michigan.
In view of the existing condition of the Indians aforesaid, and of their
legal and equitable claims against the United States, it is agreed between
the contracting parties as follows, viz --
ARTICLE 1. The United States will withdraw from sale, for the bene- Certain lands
fit of said Indians, as herein provided, all the unsold public lands within in Michigan to
the State of Michigan embraced in the following descriptions, to wit:- b widrawn
1rst. Six adjoining townships of land in the county of Isabella, to be m sale.
selected by said Indians within three months from this date, and notice
thereof given to their agent.
&cond. A tract of land in one body, equal in extent to two townships,
on the north side of Saginaw Bay, to be selected by them, and notice
given as above provided.*
The United States will give to each of the said Indians, being the head Grant of land
of a family, eighty acres of land; and to each single person over twenty- to each of said
one years of age, forty acres of land; and to each family of orphan chil- Indians.
dren under twenty-one years of age, containing two or more persons,
eighty acres of land; and to each single orphan child under twenty-one
years of age, forty acres of land; to be selected and located within the
several tracts of land hereinbefore described, under the same rules and
regulations, in every respect, as are provided by the agreement concluded
on the 81st day of July, A. D. 1855, with the Ottawas and Chippewas
of Michigan, for the selection of their lands. -
And the said Chippewas of Saginaw and of Swan Creek and Black
River, shall have the same exclusive right to enter lands within the
tracts withdrawn from sale for them for five years after the time limited
for selecting the lands to which they are individually entitled,* as is
extended to the Ottawas and Chippewas by the terms of said agreement.
And the provisions therein contained relative to the purchase and sale
of land for school-houses, churches, and educational purposes, shall also
apply to this agreement.
See amendmens,pod, p. 8U.
VOL. XI. TREAT.-83

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684 TREATY WITH THE CHIPPEWA& AuG. 2, 195.
ay nt to ARTICLE 2. The United States will also pay to the said Indians the
In sum of two hundred and twenty thousand dollars, in manner following, to
witFirst. Thirty thousand dollars for educational purposes, to be paid in
five equal annual instalments of four thousand dollars each, and in five
subsequent equal annual instalments of two thousand dollars each, to be
expended under the direction of the President of the United States.
&cond. Forty thousand dollars, in five equal annual instalments of five
thousand dollars each, and in five subsequent equal annual instalments of
three thousand dollars each, in agricultural implements and carpenters'
tools, household furniture and building materials, cattle, labor, and all
such articles as may be necessary and useful for them in removing to the
homes herein provided, and getting permanently settled thereon.
Thirt. One huddred and thirty-seven thousand and six hundred dol-
lars in coin, in ten equal annual instalments of ten thousand dollars each,
and in two subsequent equal annual instalments of eighteen thousand
and eight hundred dollars each, to be distributed per capita in the usual
manner for paying annuities.
.o- Twelve thousand and four hundred dollars for the support of
one blacksmith shop for ten years.
The United States will also build a grist and a saw mill for said Indians
at some point in the territory, to be selected by them in said county of
Isabella, provided, a suitable water power can be found, and will furnish
and equip the same with all necessary fixtures and machinery, and will
construct such dam, race, and other appurtenances as may be necessary
to render the water power available: Provided that the whole amount for
which the United States shall be liable under this provision, shall not ex-
ceed the sum of eight thousand dollars*
Cession of 4ll ARTICLE 8. The said Chippewas of Saginaw, and of Swan Creek and
the lands heretb- Black Rivei, hereby cede to the United States all the lands within the
fore owned by
said Indians. State of Michigan heretofore owned by them as reservations, and whether
held for them in trust by the United States or otherwise; and they do
Release of sia- hereby, jointly and severally, release and discharge the United States
bility, from all liability to then, and to their, or either of their said tribes, for
the price and value 'of all such lands, heretofore sold, and the proceeds
of which remain unpaid.
Surrender of And' they also hereby surrender all their, and each of their permanent
annuities. annuities, secured to them, or either of them by former treaty stipula-
tions, including that portion of the annuity of eight hundred dollars
VoL vii. p. 105. payable to "the Chippewas," by the treaty of November 17, 1807, to
which they are entitled, it being distinctly understood and agreed, that
Said grants the grants and payments herein before provided for, are in lieu and sat-
d _t.en to isfaction of all claims legal and equitable on the part of said Indians,
Clai, f.... jointly and severally against the United States for land, money, or other
thing, guaranteed to said tribes, or either of them, by the stipulationa of
any former treaty or treaties.
Certain land en- ARTICLE 4. The entries of land heretofore made by Indians and by
tries coimed, the Missionary Society of the Methodist Episcopal Church for the benefit
of the idians, on lands withdrawn fomn sale in townships 14 north,
range 4 east, and 10 north, range 5 east, in the State of Michigan, are
hereby confirmed, and patents shall be issued therefor as in other cases.
Interpreter to ARTICLE 5. The United States will provide an interpreter for said
be Provided. Indiana for five Years, and as much longer as the President may deem
necessary.
The tribal or- ARTICLE 6. The tribal organization of said Indians, except so faras
ganiaton Of may be necessary for the purpose of carrying into effect the provisions-
said Indians dis-
solved. of this agreemen is hereby dissolved.

* 6e amusdmOnDtp% p. 84.

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TREATY WfTH THE CHIPPEWAS. Auo. 2,1855.

ARTIoLz 7. This agreement shall be obligatory and binding on the


contracting parties as soon as the same shall be ratified by the President
and Senate of the United States.

In testimony whereof, the said George W. Manypenny and the said


Henry C. Gilbert, commissioners as aforesaid, and the undersigned, chiefs
and headmen of the Chippewas of Saginaw, and of Swan Creek and
Black River, have hereto set their hands and seals at the city of Detroit,
the day and year first above written.
GEO. W. MANYPENNY, L. 8.1
HENRY C. GILBERT, L.S.]

RCHARD A Sxrr,
J. LOGAN Cmrrwi,
&-retaris.

&$as Ban&s
OT-TAW-ANCE, chief his x mark. "L. s."
O-SAW-WAW-BUN, chief, his x mark. 'L. s.
NANCK-CHE-GAW-ME, chief, his x mark. 'r. s.
KAW-GAY-GE-ZHICK, chief, his x mark. 'L. S.'
SHAW-SHAW-WAY-NAY-BEECE, chief, his x mark. "L. S.'
PE-NAY-SE-WAW-BE, chied his x mark. L. s.'
NAW-WE-GE-ZHICK, chief, his x mark. 'L. a.
SAW-GAW-CHE-WAY-0-SAY, chief, his x mark. 'L. 8.
NAW-TAW-WAY, chief, his x mark. -L. s."
WAIN-GE-GE-ZHICK, chief, his x mark. L. S.'
CAW-ME-SQUAW-BAY-$O-KAY, chief, his x mark. 'L. S.'
PE-TWAY-WE-TUM, headman, his x mark. L. S.
KAY-BAY-GUO-UM, headman, his x mark. 'L. S.'
PAY-BAW-MAW-SELE, headnian, his x mark. 'L. s.:
AW-BE-TAW-QUOT, headman, his x mark. L. S.
AISH-QUAY-GO-NAY-BE, headman, his x mark. 'L. S.'
PAY-ME-SAW-AW, headman, his x mark. 'L. .
AW-TAW-WE-GO-NAY-BE, headman, his x mark. 'L. 8:
PAY-SHFNIN-NE, headman, his x mark. L. S.
Swan Creek and Blac River Ban&
PAY-ME-QUO-UNG, chief, his x mark. E. 8.1
NAY-GE-ZHICK, headman, his x mark.
MAW-CHE-CHE-WON, headman, his x. mark. [L. s.]

Executed in the presence of


G. D. WILLIAMS,
GEORGE SMITH,
W. H. COLLINb,
MANASSEH HioKry,
P. 0. JOHNSON,
JoszPH F. MaSAL,
JNo. M. D. JomsTON,)
CHAS. H. RoDD, ,. I pd7wemt.
L K MORAN, )
And whereas the said treaty having been submitted to the Senate of
the United States for its constitutional action thereon, the Senate did, on
the fifteenth day of April, one thousand. eight hundred and fifty-six, ad-
vise and consent to the ratification of the same, by a resolution in the
words and figures following, to wit:

HeinOnline -- 11 Stat. 635 1837-1868


TREATY WITH THE CHIPPEWAS. Auv. 2,1855.
IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES,
.Aptil 151h, 1856.
Rnolve4 (two thirds of the Senators present concurring,) That the
Senate advise and consent to the ratification of the treaty, made with the
Chippewas of Saginaw, Swan Creel- and Black River on the second day
of August, eighteen hundred and fifty-five, with the following

AMENDMENTS.

Amendments. ARTxCLE 1. Strike out the words "A tract of laud in one body, equal
in extent to two townships on the north side of Saginaw Bay, to be
selected by them, and notice given, as above provided," and insert, in lieu
thereof, the words "townships Nos. 17 and 18, north ranges, 8, 4, and 5,
east."
SAME ARTICLE. Insert, after the word "entitled," last clause but one,
the following, "and the same right to sell and dispose of land entered by
them, under the provisions of the act of Congress known as the Gradua-
tion Ict."
ARTILE. 2. Add thereto the following paragraphs: "The United
States will also pay the further sum of four thousand dollars for the
purpose of purchasing a saw-mill, and in repair of the same, and in add-
ing thereto the necessary machinery and fixtures for a run of stone for
grinding grain-the same to be located on the tract described in clause
'second,' Article 1."
"The United States will also pay the further sum of twenty thousand
dollars, or so much thereof as may be necessary, to be applied in liquida-
tion of the present just indebtedness of the said Indians; provided, that
all claims presented shall be investigated under the direction of the Sec-
retary of the Interior within six months, who shall prescribe such rules
and regulations for conducting such investigation, and for ieating the
validity and justice of the claims as he shall deem suitable and proper.
And no claim shall be paid except on the certificate of the said Secretary
that, in his opinion, the same is justly and equitably due; and all claim-
ants, who shall not present their claims within such time as may be lim-
ited by said Secretary, or, whose claims having been presented, shall be
disallowed by him, shall be forever precluded from collecting the same,
or maintaining an action thereon in any court whatever; And, provided,
also, that no portion of the money due said Indians for annuities, as
herein provided, shall ever be appropriated to pay their debts under any
pretence whatever; provided that the balance of the amount herein
allowed as a just increase for the sessions and relinquishments aforesaid,
after satisfaction of the awards of the Secretary of the Interior, shall be
paid to the said Indians, or expended for their benefit in such manner as
the Secretary shall prescribe, in aid of any of the objects specified in
this treaty.
Attest: ASBURY DICKINS,
&ceretai.

We the undersigned chiefs and headmen of. the Chippewas of Saginaw


and of the Chippewas of the Swan Creek and Black River having
heard the foregoing amendments read and the same hiving been fully
explained to us by.our agent, do hereby agree to and ratify the same.
Done at Saginaw this 14th day of May, A. D. 1856.

NANCK-CHE-GAW ME,
O.SAW-WAW-BUN, his x mark. [L. S.]
his x mark. L. *1
SHAW-WAY-NAW-SEGAY, his x mark L. .
WAY-SHAW-WAN-NO, his x mkrk. •L.
s.

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TREATY WITH THE CHIPPEWA$. AuG. 2,1855.
.NAW-NE-GF-ZHICK, his x mark. 'L. S.
SHAW-SHAW-WAY-NAY-BEECE, his x mark. 'L. S.
*L. s..
SAW-GAW-CHE-WAY-O-SAY, his x mark.
CAW-GAY-GE-Z[IICK, his x mark. 'L. S.'
OT-TAW-ANCE, his x mark. 'L. B."
PE-NAY-SE-WAW-BE, his x mark. 'L. S.'
AH-CO-GIN, his x mark. 'L.S.
PAY-ME-QUO-UNG, his x mark. 'L. S.'
NAW-GAW-NE, his x mark. 'L. S.'
NAY-GE-ZHICK, his x mark. 'L. B.'
WAIN-GE-GE-ZHICK, his x mark. 'L. S.'
KAW-M -GWAW-TE-NO-KAY, his x mark. 'L. 8.
NAW-TAW-WAY, his x mark. 'L. S.'
Signed in the presence of
HzNRY C. GiLB=T, Indan Aent,
CHis. H. RODD, a7et er,
SAruEL KRKLAXD, in&rpter,
P. 0. JOHNSON,
P. MARKSAN, Iteiter,
G. D. WILLIAMS,
H. B. ADAms.
Now, therefbre, be it known, that I, FRANKLIN PIERCE, Presi-
'lent of the United States of America, do, in pursuance of the advice
and consent of the Senate, as expressed in their resolution of the fifteenth
day of April, one thousand eight hundred and fifty-six, accept, ratify, and
confirm the said treaty.
In testimony whereof, I have caused the seal of the United States to
be hereto affixed, having signed the same with my hand.
Done at the city of Washington, this twenty-first day of June,
[a.. s.j A. D. one thousand eight hundred and fifty-six, and of the
independence of the United States the eightieth.
FRANKLIN PIERCE.
By the President:
W. L. MAitcy,
&cregary of &tage.

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HeinOnline -- 11 Stat. 638 1837-1868
TREATY WITH THE TWO SICILMS. OT. 1, 1855.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.
WicLEAS, a convention between the United States of America and his Oct. 1, Is".
Majesty the King of the kingdom of the Two Sicilies was concluded and
signed by their respective plenipotentiaries at Naples on the first day of
October, eighteen hundred and fifty-five, which convention, being in the
English and Italian languages, is, word for word, as follows:

TREATY. TRATTATO.

The United States of America Sua Maesth il Re del Regno Preamble.


and his Majesty the King of the delle Due Sicilie e gli Stati Uniti
kingdom of the Two Sicilies, equally di America, del pari animati dal
animated with the desire to strength- desiderio di raffermare e perpetuare
en and perpetuate the relations of Is relazioni di amicizia e di buona
amity and good understanding which intelligenza che sono in ogni tempo
have at all times subsisted between esistite tra i Loro rispettivi Stati;
the two countries, desiring also to desiderando eltrel di estendere e
extend and coniolidatq the commer- consolidard i rapporti commerciali
cial intercourse between them; and tra essi; e pienamente persuasi, che
convinced that nothing will more niente pu6 pia contribuire al con-
contribute to the attainment of this seguimento di questo desiderabile
desirable object than an entire free- scopo che una piena liberth di navi-
dom of navigation, the abolition of gaione, l'abolizione di titt'i diritti
all differential duties of navigation differenziali di navigazione e di
and of commerce, and a perfect commercio, e un& perfetta recipro-
reciprocity, based on principles of cith stabilita sopra principii di equi-
equity, equally beneficial to both th esualmente vantaggiosi k due
countries, and applicable alike in Paesi, e applicabili in pace come in
"peace aud in war, have resolved to guerra; anno convenuto di conchi-
conclude a general convention of udere un Trattato generde di ami.
amity, commerce, navigation, and eia, di commercio, di navigazione,
for the surrender of fugitive crimi- e di estradizione dd delinquenti
nals. For this purpose, they have fuggitivi. A tale effetto Mne desti-
respectively appointed plenipoten- nati rispettivamente d6 Plenipoten- Negotiators.
tiaries, to wit: the President of the ziarf, cio6, C
United States has appointed Robert Sna Maeeb il R del Regno
Dale Owen minister resident of the delle Due Sicilia:
United States near his Majesty the D. Luigi Carla della Spina, di
King of the kingdom of the Two Duchi di Traetto, Maggiordomo di
Sicilies; and his Majesty the King Settimana della MaestA Sua, Com-
of the kingdom of the Two Sicilies mendatore del Real Ordine del Mer-
has appointed Don Lewis Carafa ito Civile di Francesco 10, Gran
della Spina, of the Dukes. of Tra- Croce del distinto Real Ordine
etto, weekly Majordomo of his Maj- Spagnuolo di Carlo 8', Grande Uffi-
esty, Commander of his Royal Order ziale dell' Ordine della Legione di
of Civil Merit of Francis the First, Onore, Gran Croce dell' Ordine di
Grand Cross of the distinguished San MicIele di Baviera, Gran
Royal Spanish Order of Charles the Croce dell Ordine Toscauo del Me4-
Third, Grand Officer of the Order ito sotto il titolo di San Giuseppe,
of the Legion of Honor, Grand Gran Croce deli' Ordine di Parma

HeinOnline -- 11 Stat. 639 1837-1868


TREATY WITH THE TWO SICILIES. OaT. 1, 1855.

Cross of the Order of St. Michael del Merito sotto it titolo di San Lu-
of Bavaria, Grand Cross of the Flo- dovico, Gran Croce deli' Ordine della
rentine Order of Merit under the Rosa del Brasile, provvisoriamente
titleof St. Joseph, Grand Cross of incaricato del Portafoglio del Minis-
the Order of Merit of Porma under tero degli Affari Esteri;
the title of Si Ludovico, Grand Don Michele Gravina e Reque-
Cross of the Brazilian Order of the senz, Principe di Comitini Gentil-
Rose, charged provisionally with uomo di Camera con esercizio,
the Portfolio of Foreign Affairs; Cavaliere Gran Croce del Reale
and Don Michael Gravina e Reque- Ordine di Francesco 1° , insignito
senz, Prince of Comitini, his gen- del Gran Cordone dell' Ordine
tleman of the bedchamber in exer- della Legione di Onore; e Gran
cise, Chevalier Grand Cross of his Croce di quelli di Leopoldo di Aus-
Royal Order of Francis the First, tria, dell' Aquila rossa di Prusbia,
invested with the Grand Cordon of dell' Aquila bianca di Russia, dd
the Order of the Legion of Honor,. Santi Maurizio e Lazzare di Sar-
and the Grand Cross of the follow- degna, del Dannebrog di Danimar-
ing orders, namely. of Leopold of ca, di Leopoldo del Belgio, e della
Austria, of the Red Eagle of Prus- Corona di quercia dd Paesi Bassi;
sia, of the White Eagle of Russia, gil Ministro Segretario di Stato
of St. Maurice and Lazarus of Sar- della Maesth Sua;
dinia, of Dannebrog of Denmark, of E Don Giuseppe Mario Arpino,
Leopold of Belgium, and of the Avvocato Generale presso Is Gran
Crown of Oak of the Low Coun- Corte dd Conti;
tries, late his Minister Secretary of Ed il Presidente degli Stati Uniti
State; and Don Joseph Marius di America: II Signor Roberto
Arpino, Advocate-General of the Dale Owen, Miniitro Residente
Grand Court of Accounts; and the degli Stati Uniti presso Suna Maesth
said plenipotentiaries, after having il Re del Regno delle Due Sicilie;
exchanged their respective full pow- E i detti plenipotenziarii dopo aver
ers, found in good and due form, iseambiati i loro pienipoteri, trovati
have concluded apd signed the fol- in buona e dovuta forma, hnno con-
lowing articles : chiusi e sottoscritti gli artioli se-
guenti:
ANTIOLE L ARTIOOLO L

Peace estab- It is the intention of the two high E intenzione delle due Alte Parti
1f611ed. contracting parties that there shall
contraeati che siavi, e continul per
be, and continue through all time, a sempre una costante, inviolabile ed
firm, inviolable, and universal peace, universale pace, ed una vera e sin-
and a true and sincere friendship cera amicizia tra Ease, e tra Loro
between them and between their rispettivi territorii,, cittA, paesi e
respective territories, cities, towns, popoli, senza eceezione di persone o
and people, without exception of di huoghi. Ma se nondimeno le due
persons or places. But if, notwith- Nazioni si trovassero, aventurata-
standing, the two nations should, mente, impegnate in una guerra
unfortunately, become involved in r ua cntr I' altra, il termine Vi
Stipulation for war, one with the other, the term sei mesi dal dl delr avvenuta dichi-
AdtIntwal oi
prop- of SIx months, from and after the arazione sarh accordato 4 negozi-
.V100,co" if declaration thereQf, shall be allowed anti, ed agli altri abitanti rispettivi
to the merchants and other inhabi- delle due Parti, durante il quale
tants, respectively, on each side, termine sarh loro permesso di riti-
luring which term they shall be at rarsi con tutt' i loro effetti, potendo
liberty to withdraw themselves, with essi portarli o mandarli via, o ven-
all their eflecti. bich they shall derli, come a loro pix piacerk, senza
hav*e the right t., carry away, send esserne molestati o impediti. Du-
away, or seb, as they lease, with- rante lo stesso periodo di sei mesi,
outhinderance or molestation. Dur- le loro persone e i loro effetti. com-

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TREATY WITH THE TWO SICILIES. "OcT.1, 1855.
lag such period of six months their preso denaro, erediti, fondi pubblici,
persons and their effects, including o azioni di banco, e tutte le altre
money, debts, shares in the public proprietk mobili o immobili saranno
funds or in banks, and any other esenti da confisca o sequestro; e
property, real or personal, shall be sari lore permesso di vendere a
exempt from confiscation or seques- trasmettere i loro beni immobili, e
ti-ation; and they shall be allowed di portar via e trasportare fuori
freely to sell and convey any real paese il prodotto d detti beni, senza
estate to them belonging, and to molestia, e senza pagare a profitto
withdraw and export the proceeds dei rispettivi governi, diverse o pi4
without molestation, and without elevate tasse o imposizioni di quelle
paying, to the profit of the respec- che si pagano, in casi simili, dagli
tive governments, any taxes or dues abitanti del paese dove sono situati
other or greater than those which i detti beni immobili. Oltre ci.
the inhabitants of the country where- saran loro rilasciati passaporti, va-
in said real estate is situated shall, lidi a peter ritornare nel proprio
in similar cases, be subject to pay. paese, come pure salvocondotti per
And passports, valid for a sufficient le loro persone, p6 loro bastihenti,
term for their return, shall be grant- e p 6 denari ed effetti che potessero
ed, as a safe-conduct for them- portare o mandar via, contro gli
selves, their vessels, and the money assalti e le eatture che potrebbero
and effects which they may carry praticarsi contro di essi e di loro
or send away, against the assaults beni, d& bastimenti da guerra delle
and prizes which may be attempted parti contraenti, e anhe dalle loro
against their persons and effects, as navi di corso.
well by vessels of war of the con-
tracting parties as by their priva-
teers.
ARTIOLZ IL ARTICOLO IL

Considering the remoteness of Considerando la grande distanza Stipulations as


the respective countries of the two che separa i paesi delle due Alte to blo6kades.
contracting parties, and the uncer- Parti contraen: e ' incertezza che
tainty resulting therefrom, with re- ne risulta, in quant I diversi eventi
spect to the various events which che potrebbero aver luogo, si 6 con-
may take place, it is agreed that a venuto, che un bastimento mercan-
merchant vessel belonging to either tile appartenente ad una di Esse,
of them, which may be bound to a diretto per un porto supposto bloc-
port supposed, at the time of its de- cato al tempo della sua partenza,
parture, to be blockaded, shall not, non ptrA essare, cia nonostante,
however, be captured or condemned catturato o condannato, per aver la
for having attempted, a first time, prima volta tentato di entrare nel
to enter said port, unless it can be detto porto, a meno che sin prevato,
proved that said vessel could, and che il detto bastimento avesse potu-
ought to have learned, during its to e dovuto conoseere durante R1
voyage, that the blockade of the viaggio, che i bloco del luogo in
place in question still continued. quistione durava ancom. Ma ogni
But all vessels which, after having bastimento, che dopo essere stato
been warned off once, shall, during una volta avvertito cercherk, du-
the same voyage, attempt, a second rante lo stesso viaggio di entrare una
time, to enter the same blockaded seconda volta in un tale porto bloc-
port, during the continuance of the cato, durante )a continuazione dello
same blockade, shall thereby subject stesso blocco, potri esser preso e
themselves to be detained and con- condannato.
demned.
By blockaded port, is understood S' intende per porto bloecato, Definition of
one into which, by the disposition quello in cui, per disposizione della blockades.
of the power which attacks it, with potenza che lo attacca con propor-
VOL. Xi. TREAT.-84

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TREATY WITH THE TWO SICILIES. OCT. 1, 1855.
a proportionate number of ships suf- zionato numero di legni suflciente.
ficiently near, there is evident dan- mente vicini, non si pu6 entrare
ger in entering. senza evidente pericolo.

ARTICLE IML LRTICOLO II

Definition of The high contracting parties, in Le Alto Parti contraenti, nel fine
contraband, order to prevent and avoid all dis- di prevenire ed.evitare ogni disputa,
pute by determining, with certainty, onde stabilire, con sicurezza, le merci
what shall be considered by them che verrano da Ease reputate di con-
contraband in time of war, and as trabbando in tempo di guerra, e che
such cannot be conveyed to the non potranno portarsi nd paesi, cit-
countries, cities, places, or seaports th, luoghi o porti di mare dei loro
of their enemies, have declared and nemici, nno dichiarato e convenuto
agreed that under the name of con- che: sotto il -nome di contrabbando
traband of war shall be comprised di guerra, saranno unicamente com-
only cannons, mortars, petards, gra- presi, cannoni, mortari, petardi, gra-
nade, muskets, balls, bombs, gun- nate, mosehetti, palle, bombe, afflsti,
carriages, gunpowder, saltpetre, polvere da spare, "salnitro, micce;
matches, troops, whether infantry or truppe si di fanteria, a di cavalleria,
cavalry, together with all that ap- e tutto* ci che loro correlativo,
pertains to them; as also every come anche ogni altra ,iunizione di
other munition of war, and, gen- guerra, e generalmente ogni specie
erally, every species of arms, and di armi e d'istrumenti in ferro, ac-
instruments in iron, steel, brass, cop- ciaio, bronzo, rame o altre materie
per, or any other material what- qualsiani, manifatturate, preparate
ever, manufactured, prepared, and e fabricate espressamente per fare
made expressly for purposes of war, la gaerra, sia per terra, sia per
whether by land or sea. mare.
Vessel and oth- And it is expressly declared and Resta anche ben dichiarato e con-
er goods not for- understood that the merchandise venuto, che le merci come supra
feited with the
contraband, above set forth as contraband of reputate di contrabbando di guerra,
war shall not entail confiscation, non potranno indurre conseguensa
either o. the vessel on which it shall di confisca, na pel bastimento sul
have been loaded, or on the mer- quale sona imbarcate, ne per le altre
chandise forming the rest of the me i formanti it rimaneute del carl-
cargo of said vessel, whether the co, sia ehe queste appaitengano allo
said merchandise belong to the same stesso propritario o ad altri.
or to a different owner.

ARTICLE IV. AUTICOLO My.

Rights of trav- The citizens and subjects of each I sudditi o cittadini di ciascuna
euolrs and res- of the high contracting parties shall delle Alte Parti contrsenti, avranno
dents, have free and undoubted right to libero e non dubbio diritto di viag-
travel and reside in the States Of giare e risedere negli Stati dell' al-
the other, remaining subject only to tra; rimanendo sottoposti soltanto
the precautions of police which are alle precauzioni di Polizia, che yen-
practised towards the citizens or gono usate verso i suditt o cittadini
subjects of the most favored nations. delle Nazioni le piW favorite.

ARTICLE V. ARTIOOLO V.

Exemption of The citizens or subjects of one of I sudditi * cittadini di ciascuna


oftl~ensconr
ofnthe
each the high contracting parties, travel- delle Alte Parti contraenti viaggi-
other from con- Jig or residing in the territories of' ando o risedendo negli Stati deli'
tributions, mIlt- the other, shall be free from all mil- altra, saranno esenti da qualunque
taY service, &o. itary service, whether by land or servizio militam. sis per terra, op-
sea, from all billeting of soldiers in pure permare, dallo alloggio militare

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TREATY WITH THE TWO SICLIES. OcT. 1, 1855.

their houses, from every extraordi- nelle loro ease, da qualunque con-
nary contribution, not general and tribuzione straordinaria, purchM non
by law established, and from all sia generals e stabilita per legge, e
forced loans; nor shall they be held, da ogni prestito .forzato ; e non sa-
under any pretence whatever, to pay ranno essi tenuti a pagare, sotto
any taxes or impositions, other or verun pretesto, altre tasse o impo-
greater than those which are, or sizioni diverse o piam elevate di
may hereafter be, paid by the sub- quelle che si pagano, o che potreb-
jects or citizens of the most favored bero pagarsi in seguito d6 sudditi o
nationsin the respective States of cittadini delle Nazioni le pi4 favo-
the high contracting parties.. Their rite, ne rispettivi Stati delle Alte
dwellings, warehouses, and all prem- Parti contraenti. Le loro abitazioni,
ises appertaining thereto, destined i magazzini e tutto ci6 ehe loro ap-
fqy purposes of commerce or resi- partiene per obbietti di wommercio
dence, shall be respected. No arbi- e di residenza saranno rispettati.
trary search of or visit to their Non sarA fatta alcuna perquisizione
houses, whether private or of bei- arbitraria, o visita nelle loro abita-
ness, and no arbitrary examination zionli e case di commercio, e nean-
or inspection whatever of their che arbitrario esame, o ispezione
books, papers, or accounts of trade, qualanque dei loro libri, carte o
shall be made; but such measures conti commerciaU, potendo si~tte
shall have place only in virtue of disposizioni essere soltanto eseguite
warrant granted by the judicial au- in forza di pronunziazione delle Au-
thorities, And each of the high torit6 giudiziarie. Ciascuna delle
contracting- parties expressly en- due Alte Parti contraenti s'impegna
gages that the citizens or subjects percid, che i sudditi o cittadini del'
of the other, residing in their respec- altra residenti nd Loro rispettivi
tive States, shall enjoy their prop- Stati, godranno della loro proprietk
erty and personal security, in as e sicurezza personale, in tal pieno
full and ample a manner as their ed ampio modo, come i loro proprii
own citizens or subjects, or the citi- sudditi o cittadini, o come i sudditi
zens or subjects of thi most favored o cittadini delle Nazioni Is pi4 fa-
nations. vorite.
-
ARTIOL VT. ARTICOLO VI.

The citizens and subjects of each Sara permesso 6 sudditi o citta- Commercial
of the contracting parties, residing dini di ciascuna delle Alte Parti righ
in the States of the other, shall be contraenti residenti negli Stati dell'
entitled to carry on commerce, arts, altra di esercitare iI commeI.cio, le
or trade, and to occupy dwellings, arti e i mestier, edi occupare delle
shops, and warehouses, and to dis- case e d magazzini, e di disporre
pose of their property of every kind, della loro propriet di qualunque
whether real or personal, by sale, specie o denominazione; siano reali
gift, exchange, or in any other way, o personai, per vendita,.donazione,
without hinderance or obstacle. And permuta, o in qualunque altro modo,
they shall be free to manage their senza il menomo ostacolo o impedi-
own affairs themselves, or- to com- mento. Potranno del par libera-
mit those affairs to persons whom mente trattare i loro affari da se
they may appoint as broker, fictor, stessi, o comMetterli alia gestione di
or agent; nor shall they be re- coloro, che essi potranno nominare
strained in their choice of persons loro mezzani, fattori o agenti, e non
to act in such capacities ; nor shall saranno impediti nella scelia delle
they be called upon to pay any sal- persons che potranno agire in tale
ary or remuneration to any person qual~,~ n saranno essi richiest'di
whom they shall not choose to em- pagare aleun salario o rimunerazi-
ploy. Absolute freedom shall also one, ad alcuna persona che non sia
be given, in all cases, to the buyer da essi selta. Assoluta liberth sa
and seller to bargain together, and data, in ogni caso, at compratore ed

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TREATY WITH TH" TWO SICILIES. OTe. 1, 1856.
also to fix the price of any goods or al venditore di negoziare inpieme, e
merchandise, imported into, or to be di fissare il prezzo di qualunque
exported from, the States of either effetto o mercanzia immessa uD]o-
of the contracting parties, save and minii e negli Stati delle due Alte
except cases where the laws of the Parti contraenti, o da essere di-me-
said States may require the inter- desimi esportata; salvo in generale
vention of special agents, or where, gli affari, p quali le leggi dd detti
in either of the countries, articles Stati richiedessero 1'opera di Agenti
may be the subject of a government speciali, o cio che in alcuno di essi
monopoly, as, at present in the king- posse essere oggetto di privativi del
dom of the Two Sicilies, the royal Governo, come appunto sono nel
monopolies of tobacco, salt, playing Regno delle Due Sicilie le Reali
cards, gunpowder, and saltpetre. privative de tabacohi e sal, delle
It being expressly understood, carte de gioco, polveri da sparo, e
however, that none of the provisions del salnitro.
of the present treaty shall be so Beninteso anceora, che niuna dcile
conatrued as to take away the right stipulazione del presente trattato si
of either of the high contracting oppone al diritto delle Alte Parti
parties to grant patents of invention contraenti, di accordare patenti d' in-
or improvement, either to the in- venzione o di perfezionamento, sis
ventors or to others, and that the agi' inventori sia ad altr, e ehe Ia
principles of reciprocity established reciprociti stabilita da questo Trat-
by this treaty shall not extend to tato non si estende i. premii, che
premiums which iither of the high dale due Alte Parti ontraenti pos-
contracting pares may grant to sono rispettivamente darsi 6 proprii
their own citizens or subjects, for sudditi o cittadini, pe r incorraggia-
the encouragement of the building mento della costruzione d6 legi
of ships, to sail under their own della propris bandiera.
flag.
ARTIOLIA VI. RTICOLO VIL
Succession to As to any citizen or subject of in caso di morte di un suddito o
property of de- either of the high contracting par- cittadino delle due Alte Parti con-
person. ties dying within the jurisdiction
of traenti nella giurisdizione dell' altra
the other, his heirs, being citizens or i suoi eredi, essendo cittadini o sud-
subjects of the other, shall succeed diti dell' altra suecederanno 6, suoi
to his personal property, and either beni mobili, ed 4 suol beni immobili,
to his real estate or to the proceeds evverro al prezzo degli stessi, sia per
thereof, whether by testament or ab testamento, sia ab itatate, e po-
intestato ; and may take possession tranno prenderne possesso, sia da
thereof, either by themselves or by se stessi, o per altri agendo per essi,
others acting for them; and may e disporne a piacimento, pagando,
dispose of the same at will, paying a profitto d respettivi Governi, qu6
to the profit of the respective gov- soli diritti, 4 quafl gli abitanti del
ernments such dues only as the in- paese dove sono situati i detti beni
habitants of the country wherein the sarebbero assoggettati in simiglianti
said property is, shall be subject to circostanze.
pay in like cases. And in case of In caso di assenza degli eredi o
the absence of the heir, or of his d6 rappresentanti di essi, si pren-
representatives, the same care shall deri dd detti benl Ia stessa cura,
be taken of the. said property as che ssrebbe press in simili casi d6
would be taken, in like cases, of the beni d nativi dello stesso paese,
effects of the natives of the country avvertendosi, ove vi sia luogo per la
itself; the respective consular agents legge del paese, dalle autoritA gin-
having notice from the competent diziariecompetenti i rispettivi Agenti
judicial authorities of the day and consolari, del giorno e dell' ora, in
hour in which they will proceed to cui si procederh all' spposizione ed
the imposing or removing of seals als rimozione d6 suggelli, ed alia

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TREATY WITH THE TWOr SICILIES. OcT. 1, 1855.
and to the making out of an inven- bompilazione dello inventario affinchd
tory, in all cases where such pro. possano assistervL I Consoli ri-
ceedings are required bi law; so spettivi potranno dimandare ls eon-
that the said consular agent may segns degH effetti ereditarii d6 loro
assist thereat. The respective con- nazionali, e quests dovra immedia-
suls may demand the delivery of tamente eseguirsi, quando non esista
the hereditary effects of their coun- opposizione formata da parte d
trymen, which shall be immediately creditori del defunto, o fosse stata
delivered to them, if no formal oppo- rimossa nd modi di legge.
sition to such delivery shall have Laddove pox sorgesse quistione
been made by the creditors of the sulla spettana di tali benila stessa.
deceased, or otherwise, as sbon as sar decisa diffinitivamente, secon-
such opposition shall have been do le leggi, e da Giudilci del paese
legally overruled. An.if a ques- dove essi sono situati. Ed i sudditi
tion shall arise as to the rightful o cittadini di ciascuna delle Alte
ownership of said property, the Parti contraenti negli Stati dell'
same shall be finally decided by the altra, avranno libero aceesso i Tri-
laws and judges of the land wherein bunali d6 detti Stati, alle medesime
the said property is. And the citi- condizioni che sono oncedute dalle Trial of osesa.
zens and subjects of either of the leggi e dagli usi del paese, i unativi
contracting parties in the States of sudditi o cittadini; e potranno im-
the other, shall have free access to piegare in difesa dd loro diritti,
the tribunals ofjustice of said States, quegli Avvocai, Procuratori, o altri
on the same terms which are grant- Agenti di loro scelta, che smano and-
ed by the laws and usages of the diti o cittadini dell' altra.
country to native citizens or sub-
jects; and they may employ, in
defence of their interests and rights,
such advocates, attorneys, and other
agents, being citizens or subjects of
the other, as they may choose to
select.
ARTIOLIE VIIL ARTICOLO VIII.

There shall be, between the ter- Vi sarA, tr territori delle Alte Liberty of coin-
ritories of the high contracting par- Parti contraenti, reiproca liberti di mere and navi-
ties, reciprocal liberty of commerce commereio e di navigazione; ed a Ptto.
and navigation; and to that effect tale effetto sarkpermesso scambievol-
the vessels of their respective States mente A bastimenti delle rispettive
shall mutually have liberty to enter bandiere di entrare nd porti, luoghi,
the ports, places, and rivers of the e flumi dd territorii dd due Stati,
territories of each party wherever dove 6 perinesso 6,bastimenti nazion-
national vessels arriving from abroad ali provvenienti dall' estero. E i
are permitted to enter. And all detti bastimenti delle due Alte Parti
vessela of either of the two contract- contraenti, approdando nd porti dell'
ing parties, arriving in the ports of altra, saranno trattati al loro arrivo,
the other, shall be treated, on their durante la loro permanenza, ed al
arrival, during their stay, and at Iloro egresso sullo stesso, piede u6
their departure, on the same footing bastimenti nazionali, in quanto Adi-
as national vessels, as regards port ritti di porto e navigazione, come di
charges, and all charges of navi- tonnellaggieo di fanale, di pilotaggio,
gation, such as of tonnage, light- di ancoraggio, di quarantena, di
houses, pilotage, anchorage, quaran- esercizio d6 pubblici funzionarii, e
tine, fees of public functionaries, as codl per tutte le tasse o imposizioni
well as all taxes or impositions of di qualsivoglia specie o denomina-
whatever sort, and under whatever zione, percepite in nome ed a pro-
denomination, received in the name, fitto del Governo, delle AutoritA
and for the benefit of the govern- locali, o di qualsiasi stabilimento

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TWEATY WITH THE TWO SICILIES. Oo. 1,1855
meet, or of local authorities, or of. particolare, sis che i detti bastimenti
any private institution- whatsoever, arrivino o partano in zavorra; six
whether the said vessels arrive or che importino o esportino mercanoia.
depart in ballast, or whether they
import or export merchandise.

ARTIOLE It ARTIOOLO IM

National oea,. The national character of the ves- La nazionalitl dei bastimenti ri-
aeter o vesels, sels of the respective countries shall spettivi sari riconosciuta ed ammessa
how establaIhed, be recognized and admitted by each d' ambo le parti secondo le leggi ed
of the parties, according to its own i regolamenti particolari di ciascuno
laws and special rules, by means of Stato, per mezzo de' titoli rilasciati
papers granted by the competent dle AutoritA competenti A Capitani
authorities to .the captains or mas- o PadronL NM potranno i basti-
ters. And no vessels of either of menti dell' uno, come dell' altro,
the contracting parties shall be en- profittare delle immuniti e d6 van-
titled to profit by the immunities taggi che A medesimi sono conceduti
and advantages granted in the pres- dal presente Tratrato, che quando
ent treaty, unless they are provided trovinsi muniti dee ecarte e dd.cer-
with the proper papers and certifi- tificati richiesti d regolamenti esis-
cates, as required by the regulations tend nd paesi rispettivi, per provare
existing in the respective countries, la loro portata e ja lora nazionalit.
to establish their tonnage and their
nationality.

ARTIOLE X. ARTICOLO X.

The vessels of each of the high I bastimenti di ciascuna delle


and import. contracting parties shall be allowed Aet Parti contraenti, potranno in-
to introduce into the ports of the trodurre nei porti dell' altra, espor-
other, and to export thence, and to tame, depositarvi o immagazzinarvi
deposit and store there, every sort ogni sorta di merci e di oggetti di
of goods, wares, and merchandise, commercio da qualsivoglia luogo
from whatever place the same may provvengano, la cui importazione o
come, the importation and exporta- esportazione sia legalmente per-
tion of which are legally permitted messa negli Stati dell' altra, senza
in. the respective States, without essere tenuti a pagare altri o pi
being held to pay other or heavier fort diritti di dogana, o imposte di
custom-house duties or imposts, of qualsiasi specie, o denominazione,
whatever kind or name, other, or of diverse o pial elevate di queUe che
higher rate,,than those which would si pagherebbero per le stesse merci
be paid for similar goods or products o prodo.tti, se fossero importati o es-
if the same were imported or ex- portati 4W bastimenti nazionali; e
ported in national vessels; and the gil stessi privilegi, difi'alchi, bene-
same privileges, drawbacks, boun- ficii, concessioni o restituzioni, che
ties, and allowances which may be saranno accordate da ciaseuna delle
allowed by either of the contracting Alte Parti contraenti su di ogni
parties on any merchandise im- aorta di merci importate o esportate
ported or exported in their own ves- n6 loro propili bastimenti, saranno
sels shall be allowed, also, on simila anche accordate sopra simili merci
produce imported or exported in importate o esportate nei bastimenti
vessels of the other party. dell' altra.

ARTICLD XI. ARTIOOLO Xx.

Stipulation No priority or preference shall be Niana delle due Alto Parti con-
againt disorimt- given, directly or indirectly, by either traenti, n6 alcuna corporazione, comn-
natlo as to trade of the contracting parties, nor by pagnia o Agente che open in favore

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TREATY WITH THE TWO SCILISS. OaT. 4 1M5 .

any company, corporation, or agent, o otto rautorita di uascuna


di eme,
in their behalf, or under their au- da* direttamente o indirettamente,
thority, in the purchase of any arti- nella compra ai qualunque artieolo
cle of commerce. lawfully imported di eommercio legalmente importato,
on account of, or in reference to, the aleuna preeminensa o preferenza in
charpeter of the vessel in which' riguardo o in rapporto al carattere
such article was imported; it being nazionale del bastimento, in cui tale
the true intent and meaning of the articolo sark stato importato; essen-
contracting parties that no distinc- do U vero seopo ed intenzione delle
tion or difference shall be made in Parti contraenut che nessuna dis-
this respect. tinzione o differe6a si faccia a tale
riguardo.
ARTICLE X. OLO X.
The principles contained in thl Le stipulazioni eontento negli Same subject
forgoing articles shall be applicable, Articoli ptecedenti saanno applica-
in all their extent, to vessels of each bil, in tutta Is lore estensinn, A
of the high contracting parties, and 'bastimenti delle due Alte Parti con-
to their cargoes, whether the said traenti ed ( lore earichi, sis ishe i
vessels arrive from the ports of detti bastimenti provvengano da
either of the contracting parties, or porti di ambo le larti contraenti, o
from those of any other foreign da quelli di qualumque altro paese
country, so that, as far as regards estero; di maniera cte, pei diritti
dues of navigation or of customs, di navigazione e di dogana non si
there shall not be made, either in far&, tanto nella navigazione diretta,
regard to direct or indirect naviga- quanto nella indirotta, distinzione
tion, any distinction whatever be- aleuna fr& bastimenti delle due
tween the vessels of the two con- Parti eontenti.
tracting parties.
ARTICLE XI.AlTICOLO 2=lX

The above stipmlations shal not, Queste medesime stipulazioni non same subject.
however, extend to fisheries, npr to si estendono, per alo, alla pesca,
the coasting trade from one port to ne alla navigazione di costa o eabot-
another in each country, whether taggio che si f da, un porto al'
for. passengers or merchandise, and altro in ciaeuo d due paesi pel
whether by sailing vessels or steam- trasporto di persons, di merci di
ers, such navigation and trafic being, oggetti di ommercio, dA bastimenti
reserved exclusively to national yes- a vela o a vapore; una tale navi-
sels. 'gazione e traffico essendo riserbata
But, notwithstanding, the vessels esolusivamente A bastimenti nazion-
of either of the two contracting par- all. -
ties may load or unload, in part, at Ma, 4 bastimenti di eascana delle
one or more ports of the territories due Parti contraenti, del resto, po-
of the other, and then proceed to 'trano caricare o disearicare una
anyother port or ports in said terri-'parte deloro caziebi, in uno o pil
tories to complete their loading or porti degli Stati dell' altra, e quindi
unloading, in the same manner as a procedere, per completae ii rima-
nationl vessel might do. 'nente del carico o del discario, in
altri porti negli stessi Stati, del pani
' che ogni altro bastimento naszionale.

ARTICLE XIV. ARTICOLO X1r,

-No higher or other duty-shall be Niun dazio doganale, o Altra Ia- stipuiaton
imposed on the importation, by sea posizione sarh esatta sopra quialun- agan dtorim
or land, into the United States, of que-merce di produsione <ei muolo o hatng dutie

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TREATY WITH THE TWO SICILIES. OcT.'l, 1855.
any article the growth, produce, or; della industria della pesca del Regno
manufacture of the kingdom of the delle Due. Sicilie, aia importazione
Two Sicilies, or of her fisheries; and della stessa, per mare o per term
no higher or other duty shall be ir- negli Stati Uniti; e niun dazio do-
posed on the importation, by sea or ganale, o altra finposizione sarA im-
by land, into the kingdom of the posta sopra qualunque merge di
Two Sicilies of any article the .produzione del suolo o della indus-
growth, produce, or manufacture of tria, o della pesca degli Stati Uniti,
the United States or their fisheries, alla importazione della stessa, per
than are or shall be payable on the mare o per terra nel Regno delle
like articles the giowth, produce, or: due Sicilie, diverso o pi6i elevato di
manufacture of any other foreign quello che vien pagato, o che po-
country. trebbe In seguito pagarsi sulle merci
No other or higher duties and, dello stesso genere di produzione o
charges shall be imposed in the: manofatture importate da qualsivog-
United States on the exportation of lia altro pase.
any article to the kingdom of the Miun dazio doganale o altra im-
Two Sicilles, or in the kingdom of Iposizione sari caricata negli Stati
the Two Sicilles on the exportation, Uniti, sopra qualunque merce espor-
of any article to the United States, tata pel Regno delle Due Sicilie, n6
than such as are or shall be payable nel Regno delle Due Sicilie sopra
on the exportation of the like article, qualunqte meree esportata per gHl
to any foreign country. And no, Stati Uniti, diverso o pin elevato di
prohibition shall be imposed on the quello che si page, o che protrebbe
importation or expoxtation of any in seguito pagarsi sulle merci dello
article 'the growth, produce, or man- stesso genere esportate per qualun-
ufacture of the United States or que altro pe ese. E non sara proi.
their fisheries, or of the kingdom of bita resportazione,. o rimportazione
the Two Sicilies and her fisheries, di qualunque merce di produzione
from or to the ports of the United del suolo o della industria, o della
States or of the kingdom of the Two pesea del Regno delle Due Sicilie
Sieilies, which shall not equally ex- o degli Stati Uniti di porti del Reg-
tend to every other foreign country. no delle Due Sicilie o degli Stati
Uniti, od i detti porti, se non 6 an-
che proibita a tutte le altre Nazioni.
ARTICLE XV. ARTICOLO XV.
Rights
most of thO
favoredn- If either of the high contracting Se una delle Alte Parti contra-
tlnn granted. parties shall hereafter grant to any enti acorderb, in segnito, ad alcun
other nation any particular favor, altra Potenza, qualche privilegio,
privilege, or immunity, in navigation favore o immunith in materia di
or commerce, it shall immediately commercio di navigazione, lo stes-
become common to the other party, so immediatamente diverra comune
freely, where it is fieely granted to all' altra, gratuitamente, se la eon-
such other nation, and on yielding cessione fatta a favore di tale altro
the same compensation, or a com- State sark stata gratuita, o mediante
pensation as nearly as possible of lo stesso compensamento, o un com-
proportionate value and effect, to be penamento proporzionqto per quan-
adjusted by mutual agreement, when to sla possibile, di valore e di effetto,
the grant is conditional. da stabilirsi di comune accordo, se
ia concessione 6 stata onerosa.
ARTICLE XIL ABTIOOLO X.VL

Stipulation, as The vessels of either of the high Ogni bastimento di una delle Alto
to vessels forced
into port by stress contracting parties that may be coh- Parti contmenti, il quale sia cos-
of weather, strained, by stress of weather, or tretto da tempeste, o da altro acci-
other accident, to seek refuge in any dents di forza maggiore a cercare

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TREATY WITH THE TWO SICILIES. OCT. 1, i85i.

port within the territories of the rifuglo in un porto dd territorii dell'


other, shall be Ireated there, in altra, sarh ivi trattato, sotto ogni
every respect, as a national vessel riguardo, come un bastimento na-
would be in the same strait: Pro- zionale, che si trovasse nello stesso
vided, however, that the causes frangente; beninteso per6, che 4e
which gave rise to this forced land- cagioni che avranno dato luogo
ing are real and evident; that the allo approdoforzato siano reali e
vessel does not engage in any com- evidenti; che il bastimento non
mercial operation, as loading or un- esegua alcuna operazione di com-
loading merchandise, and that its mercio, caricando o scaricando mer-
stay in the said port is not prolonged canzie, e che non prolunghi I&sua
beyond the time rendered necessary permanenza nel porto, al di 1U del
by the causes which constrained it tempo reso necessario dale cagioni
to land; it being understood, never- che lo avranno costretto ad .appro-
theless, thit any landi f darvi; perb, lo sbareare d passag-
sengers, or any loading or unloading gieri, e Jo scaricamento o ricarica-
caused by operations of repair of mento motivato di lavori di ripara-
the vessel or by the necessity of zione del l~ptimento, o dal bisogno
providing subsistence for the crew, di provvedere alls sussistenza deli'
shall not be regarded as a 9ommer- equipaggio, non saranno considerate
cial operation. come operazionidi commercio.
ARTICLE XVIL AXTIOOLO XVII.

In case any ship-of-war or mer- Se alcun bastimento da guerra o Wreoke


chant vessel shall be wrecked on mercantile fart naufragio sulle coste
the coasts or within the maritime o dentro I gurisdizione territoriale
jurisdiction of either of the high marittima ciascuna delle Alto.
contracting parties, such ships or Parti cqntraenti, tale bastimenti, o
vessels, or any parts thereof, and all qualunque parte di essi, ed attrezzi,
furniture and appurtenances belong- ed appartenenze d6 medesiml, ed
ing thereto, and all goods and mer- ogni altro effetto o mercanzia che
chandise which shall be saved there- sark salvata da essi, o il prodotto, se
from, or the produce thereof, if venduto, sari fedelmente restituito
sold, shall be faithfully restored, iI pii presto che si potrI A propri-
with the least possible delay, to the etarii sulla lore richiesta, o di Agenti
proprietors, upon being claimed by debitamente da lore autorizzatie se
them, or by their duly authorized non vi siano tali proprietarii o
factors ; and if there are nq such Agenk sal luogo, allora siffatti
proprietors or factors on the spot, effetti e mercanzio, o il lore pro-
then the said goods and merchan- dotto, del par che tutte le carte
dise, or the proceeds thereot as well ritrovate a bordo d6 bastimenti nau-
as all the papers found on board fragati saranno consegnate al Con-
such wrecked ships or vessels, shall sole o Vice-console Siciliano o
be delivered to the American or Americano, nel di e.i distretto il
Sicilian consul, or vice-consul, in naufragio a potuto aver luogo; e
whose disi'ict the wreck may have tale console, vice-console, proprie-
taken place, and such consul, vice- tarii, o Agenti pagheranno solamente
consul, proprietors, or factors, shall le spese ineorse per Is conservazmone
pay only the expenses incurred in della proprieti, insieme con Is rata
the preservation of the property, di salvataggio, e le spese di quaran-
together with the rate of salvage tena dhe sarrebbero pagabili in
and expenses of quarantine, which simile caso di naufragio di un basti-
would have been payable in the like mento nazionale, e gli effetti e nier-
case of a wreck of a national vessel; canzie salvate dal nauftaglo non
and the goods and merchandise saranno soggette a dazio, a meno
saved from the wreck shall not be che non siano ease destinate per con-
subject to duties, unless cleared for sumazione; benintoso, che in caso
consumption; it being understood di quadunque legale reclamo su di
VOL. XI. TREAT.---85

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TREATt WITH THE TWO SICILIES. OCT. 1, 1855.

that in'case of any legal claim upon tale naufragio, effetti e mereanzie,
such wreck, goods, or merchandise, lo stesso sar deferlto ala deeisione
the same shall be referred for de- dd tribunali competenti del paese.
cision to the competent tribunals of
the country.
ARTIOL-XVIM. ARTICOLO XVII.

Pr~vuie of Each of the .high contracting par- Ciascuna delle due Alte Parti
ties grants to the other, subject to contraenti riservando il soito as-
the usual ezeguamt, the liberty of quaf'r, concede all' altra la libertA di
having, in the ports of the other avere nA porti, dove 6 ordinaria-
where foreign commerce is usually mente permesso il commercio estero,
permitted, consuls, vice-consuls, and consol, vice-consoli; ed Agenti com-
commercial agents of their own ap- merciali di lore scelta, i quai go-
pointment, who shall enjoy the same dranno gli stessi privilegii e poteri,
privileges and powers as thoe of di cui godono quell delle nazioni le
the most favored nations4 but if any pia favorite ; ma, nel caso che i
sch consul, vice-consul, or com- detti consoli o agenti commerciali
mercial agent shall exercise com- volessero esercitare it commercio,
merce, he shall be subjected to the sarauno soggetti alle stesse leggi ed
same laws and alsages to which usi, i quai sono sottoposti gl' indi-
private individuals of the nation are vidui della lore nazione, nel pacse
subjeted in the same plaee. And dove riseggono. E, posto il caso
whenever either of the two contract- oh. ciasbuna dlle due parti contra-
ig parties shall select for a con- enti scegliesse per Agents consolare
sular agent a citizen or subject of un suddito o cittadino dell' altra, il
this last, such consular agent shall detto Agents consolare continuerA
continue to be regarded, notwith- ad essere riguardato, non ostante la
sanding his quality of foreign con- sua qualit& di console estero, come
sul, as a citizen or a subject of suddito o cittadino della nazione cui
the nation to which he belongs, and appartienne ; e percia sari soggetto
consequently shall be submitted to alle leggi ed ai regolamenti, 6 quali
the laws and regulations to which i nazionali vengono sottoposti; ben-
natives are subjected. This obliga- inteso perb, che quests obbligazione
tion, however, shall not be so con- non dovrA essere di ostacolo all'
strued so as to embarrass his consu- esercizio delle sue fIuzioni consolari,
lar fimcgtons, noir to affect the ne alla inviolabilitA defo Archivio
inviolability of the consular ar- consolare.
chives. ,
ARTILN XIX. ANTICOLO XIX.

Cowns, &e., The sad consl vise-consu*, I detti Consoli Vice-consoli ed


may arbitratebe- and commercial agents
tween maters "'- ...- " -'
shall
.
have Agent Consolari avranno Ia faeolt
and crews. the right, as such, to judge miqual- di giudicare, nefla qualith di arbitri,
ity of arbitrators, such diferences le quistioni che potessero sorgere fin
as jnay arise between the masters i Padroni dd bastimenti e gli equi-
and crews of the vessels belonging paggi appartenenti alia propria NA-
to the nation whose interests are zmone, scnza intervenzione delle
committed to their charge, without Autorit loeai, a meno che Ia con-
the interference' of the local au- dotta' deli' equipagglo e del Capi-
thprities, unleg the conduct of the tano disturbasse Ia pace pubblica o
crew, or of the captain, should dis-, 1 ordine del paese, o'che il Console,
turb the public peace or order of Vice-console o Agent. commerciale
the country, or such consul, vice- richiedesse Ia loro Autorith, per man-
consul, or commercial agent should dare ad effetto Ie decisioni arbitra-
require their assistance to cause'his menta]L Cia nonostante, e benin-
decisions to be carried into effect or "teso, ohe quests specie di giudizio

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TREATY WITH THE TWO SIILSo OCT. 1, 18M
supported. Nevertheless, it is un- arbitramettale non prverA le part
derstood that this species of judg- cotendeti, del diritto ekhe Anno di
ment or arbitration shall not deprive ricorrere, al lore ritorn% aile Anto-
the contending parties of the right rit giudiziarie del proprio paese.
they have to resort, on their return
home, to the judicial authorities -of
their own country.
ARTICLE XL .&3TIOOLO XL

The said consuls, vice-consuls, I detti Consli, Vice-cnsoli e D.eee fiu


and commercial agents, may cause Agenti commercial! poftu fare
to be arrested and sent back, either hrrestare e rimandre, saa a ordo,
on board or to their own country, sian4 ]ro paesi, imarinari e tutte
sailors and all other. persons, who, le altre persone, Ie quai, facendo
making a regular part of the crews regolarmente parte degHi equip
of vessels of the respective nations, d6 bastimenti delle rispatfive
and having embarked under some sioni, imbareat ad altro ttolo che
other name than that of passengers, quello di passaggieri, avessero disc
shall have deserted from the maudertato d" detti bastimenti. A tale
vessels. For this purpose they uopo es si rivolgeranno anle com-
shal apply to the competent local petenti AutoritA loea, e compro--
authorities, proving, by the register verranno o registri del bastimento
of the vessel, the roll of the crew, e rolo di equipaggi% e, Be il legno
or, if the vessel shall have departed, fosse parito, con is copia di dette
with a copy of the said papers, duly carte da essi debitamente certificata,
certified by them, that the persons che gii uomini ch' essi reelamano
they claim form6d part of the crew; facevano parte del detto equipagglo,
and on such a reclamation, thus ad in vista di tale dimandain tale
substantiated, the surrender of the guisa appoggiata, Is consegna non
deserter shall not be denied. Every potr essere negata. SarA loro
assistance shall also be given to data, inoltre, ogni aiuto ec. assis-
them for the recovery and arrest of tenza, per Is riceres ed arresto dei
such deserters; and the same shall detti disertori, i quali saranno anche-
be detained and kept in the prisons detenuti e custoditi nefll prigioni
of the country, at the request and del paese, sulla dimanda, e a spesad6
cost of the consuls, until the said Consoi, fiuo a ehe questi Agenti
consuls shall have found an oppor- abbiano trovata uns occasione per
tunity to send them away. It being farli partire. Ben yere, elf so
understood, however, that if such questa occasione non si presentasse
an opportunity shall not occur in nello spazio di quattro mesi, a con-
the space of four months from the tare dal giorni dello arresto, i dis-
date of their arrest the said desert- ertoi saranno mesa in fibertA, sensa
era shall be bet at liberty, and shall che possano essere di bel nuovo
not be again arrested or the pane arrestati per lo steaso motif.
cause. Nevertheless, if the deserter Nulla dimeno, se il disertore avesse
shall be found to have committed commesso di pQi qualehe delitto a
any other crime or offence on shore, terra, la sus estradizione potrA essre
his surrender may be delayed by differita dalle Atitorit& locali,sino a
the local authorities until the trulm- che il Tribunale ompetente abbia
nal before which his case shall be profferito debitamente l suo giudizio
pending shall have pronounced its sul seeondo delitto, e che ft giudlio
sentence, and until such sentence medesimo abbia avuto ompimeate.
shall have been carried into effect.
AATICLU XXI. AIOOLO XXr.

It is agreed that every person R convenuto, ehe ogni individuo, Estzatloa ef


who, being charged -with or -con- che imputato a condannato negli e" r '

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652 TREAT- WIT -THE TWO SICILIES. OoT. 1, 1855.
denned for any of the crimes enu- Stati. di una delle due Alte Parti
merated in the following article, eontraenti per uno d6 reati espressi
committedwithin the States ot one nell' Articolo seguente, si rifuggisse
of the high contractibg parties, shal negli Stati, o sd legni da guerra
seek asylum in the States, or on dell' altra, sulla dimanda che ne
board the vessels-of-war of the other verA fatta in via diplomatica dal
party, shall be arrested and con- Governb nel di cui territorio fl reato
signed to justice on demand made, e stato commesso, dovrA essere ar-
through the, proper diplomatic chan- restato e consegnato alla giustizia.
nel, by the government within whose La estradizione e consegna dd
territory the offence shall have been rei sopra indicati, non sard obbliga-
commited. toria per alcuna dele Alte Part!
This surrender and delivery shall contraenti, finche I' altra non le
uot, however, be obligatory on either presenti copia della diehiaxazione
of the high contracting parties, giudiziale, dope che questa sari in-
until the other shall have presented tervenuta, della colpabilith del reo ;
a copy of the judicial declaration ma, se tale dichiarazione hon sark
or sentence establishing the culpa- stata pronunziata, potrA dimandarsi
bility of the fugitive, in ease such l'estradizione, e dovA ordinarsi,
sentence or dbelaration shall have quando il Govemo richiedente pre-
been pronounced. But if such sen- senterh pruove sufficienti da giusti-
tence or declaration shall -not have ficare 1' arresto dell' imputato, e Ia
been pronounced, then the surrender sottoposizione di lui al procedimento
may be demanded, and shall be penale, se il reato se fosse commesso
made, when the demanding govern- nel paese dove trovasi rifuggito.
ment shall have furnished such proof
as would have been sufficient to jus-
tify the apprehension, and commit-
ment fur trial-of the accused, if.the
offence had been committed in the
country where he shall have taken
refuge.
ARTICLE XIXII ARTICOLO XXIL

Some subject Persons shall be delivered up, Saranno consegnati, secondo lc


according to the provisions of this condizioni del presente Trattato,
treaty, who shall be charged -with tutti coloro che veranno accusati di
any of the following crimes, to wit: uno d6 seguenti reati, cio6 :
Murder, (including assassination, Di omicidio, compreso 1' assas-
parricide, infanticide, and poison- siio, il parricidio, lo infanticidio, e
ing;) attempt to commit murder; ' avvelenamento. Di attentato di
-rape; piracy; arson; the making omicidio, di stupro, di pirateria, d'
and uttering of false money, for- ineendio. Di fabricazione, 6 emes-
gery, including forgery of evidences sione di faisa moneta; di faisifica-
of public debt, bank bills, and bills zione, compresa la falsificazione di
of exchange; robbery with vio- effetti pubbidc, di biglietti di banco
lenec; intimidation or forcible entry e di ommercio; di furto con vio-
of an inhabited h6use; embezzle- lenza, intimidazione o introduzione
ment by public officers, including forzata in easa abitata; di abuse di
appropriation of public funds; when confidenza da parte di Uliziali pub-
these crimes are subject, by the blici, compresavi r appropriazione
code of the kingdom of the Two di valori del pubblico tesoro; ogni
Sicilies to the punishment deMa qualvolta tall reati vanno puniti con
recluajone, or other severer punish- Ia pena della reclusione o con pene
ment, and by the laws of the United maggior, secondo il Codice per lo
States to infamous punishment. Regno dole Due Sicilie, o con pene
infamanti, secondo le Leggi deg*
Stati Unitie

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TREAVY W THE TWO SICIYJES. O(CT. 1, A866.
ARTIOLE XXT. , ,1TIoo .6.'Xii'

On the part of each country the Da parte ai dub paed ' estra,- The surender
surrender oF fugitives from justice dizione dd fuggit daft giustisia, tobOmdO by the
shall be made only by the authority non dovrh aver lubgo per autorit die
of the execubve thereof. And all altri, eha del Potere supremo wecu-
expenses whatevdr of detention and tivo. E tutte le spse di detenzione Exesm.
delivery, effected in virtue of -the e di consegna effettuate in .fera.
precedi' articles, shll be at the degli articoli jIrecedent4 sarannb a
cost of the party making the de- carico della parte cke ne avra fatta
mand. )a dimands.
ARTICLE "XXIV. ARrWIOOLO tX2,I.

.The citizen and subjects of a - I sudditi o aittadini di cdascuna Thee pu.


*oftthe high eon parties shall delle Alto Pati eontraenti rimar- lons forextradi-
to apply
remain exempt from tue stipulations rannosan
rom MP:es eccettuatidalle stipulasionid6 totonnot
itizns, nor to
of the preceding articles, so far as preeedenti Ar.coli, in quanto a Fprevious or polit-
they relate to tlie surrender of fugi- estradizione d6 delinquenti fuggitivi, 'aloffe"ces.
tive criminals, nor shall they apply u6 saranno cse applicabili i reati
to offences conimitted before the commessi prima del presente Trat-
date of the present treaty, nor to tito, nd i reati di carattere politico,
offences of a political character, un- sempie perb che a questi non siavi
less the political offender shall also connesso •alenq d6 Teai indicati
have been guilty of some one of the nel Articolo XXL
crimes enumerated in article XXII

ARTICLE XXV. ARTICOLO XXV.

The present treaty shall take SIl-presente Trattato avri esecu- when this
effect from the day in which ratifi- zione dal-giorno, in cui ne saranno a shah take
cations shall be exchanged, and seambiate le "ratifiche, e sari in
shall remain in force for the term of vigore per lo spazio di diei anni, a
ten years, and further, until the end contare dalla sua ratificazione, ed
.of tWelve months after either of the anche fino al termine di dodici
high contracting parties shall have mesi, dopo ehe ciascuna delle Porti
given notice to the other of its inten- contraenti avrk notificato all altra
tion toermiate the same; each of Is ma intenzione di porvi termine, Its duration.
the said contracting parties reserv- riserbandoi ciascuna, dee dette
ing to itself the right to give such Parti contraenti Hidirittf di avver-
notice at the end of said term of time r altra, anol spirare del detto
ten years, or at any subsequent termine di died anni, o in ogni altro
time. tempo posteriore.
ARTICLE XXVI. A MTOOLO XXVr.

The present treaty shall be ap- I] presente Trattato sari appro- Rtlfeation.
proved and ratified by the President vato e ratifleato da Sus Maesti il
of the United States of America, Re dc Regno delle Due Sieilie e
by and with the advice and consent dal Presidente degli Stai Uniti di
of the Senate thereol; and by his Ma- America, con r intesa e col consenti-
jesty the King of the Kingdom of mento del Senato degU Stati sud-
.the Two Sicilies; and the rtifica- detti, e ne saranno scambiate in Na-
tions shall be exchanged at Naples pol le ratifiche fra dodici mesi daln
within twelve monihs from the date data della sottoscrizione, o anche
of its. signature, or sooner, if pos- prima, se sarA possibile.
sible. In fede di cha, i plenipotenziarii
In faith whereof, the respective rispettivi dnno firmati gli anzidetti
plenipotentiajies have signed the Artioli scritti nelie lingue Italians

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664 TREATY WITH THE TWO SICILIES. OcT. 1, 1855.
foregoing articles in the English ed Inglese, e vi anno apposto ilsug
and Italian languages, and have gello delle loro armi.
hereunto affixed the -seals of their Fatto in duplicato nella Cittd di
arms. Napoli, il primo giorno di Ottobre,
Done, in duplicate, at the city of dell' anno del nostro' Signore mille
Naples, this flit day of October, in ottoeento cinquantacinque.
the year of our Lord one thousand LUIGI CARAFA. [z.. s.J
eight hundred and My-five. PRINCIPE DI COMITINL
ROBERT DALE OWEN. EL. .] [L. B.]
GiUEPP MAIOARPINO.
L.8.)
DOLARATION. DICHIMRAION.

Duties on red It having been stipulated in ar- Trovandosi diehiarato nell' Arti-
and
and whte tjide XI. of the treaty of the first cola XI. del Trattato del primo Di_
on eotton.ri
VoL I p. s0o. December, 1845, that the red and cembre, 1845, che i vini rossi e
white wines, of every kind, of the bianchi di qualunque aorta del
kingdom of the Two Sicilies, in- Regno delle Due Sicilie, inclust
eluding those of Marsala, which quelli di Marsala, dhe sarebbero
may be imported directly into the stati immessi direttamente negli
United State4 of America, whether Stati Uniti di America, con legni
in-vd.sels of the one or of the other deli uno o dell' altro Paese, non
country, shall not. pay other or avrebbero pagato dazii maggiori o
higher duties than the ied and piu elevatj dd vini rossi e bianchi
white .wines of the most favored delle Nazioni le pia favorite; e
nations; and in like manner, that similmente, ehe icotoni degli Stati
the cottons of the United States of Uniti di America che verrebbero im-
America which may be imported messi direttamente nel Regno delle
directly into the -kingdom of the Due Sicilie con legal deli' una o
Two Sicilies,'whether in vessels of dell' altra Nazione, non paghereb-
the one or of the other nation, shall bero dazis maggiori o pid elevati dd
not pay other or higher duties than cotoni di Egitto e del Bengala, o di
the cottons of Egypt, Bengal, or quelli delle Nazione le pitl favorite:
the most favored nations: E trovandosi eonvenuto nel nuovo
And it being agreed in the new Trattato conchiuso tra il Regno
tresty concluded between the United d~lle Due Sicilie e gli Stati Uniti di
States of America and the kingdom America, oggi firmato dai Sotto-
of the Two Siciltes, and to-day scritti, non solo che niun dazio doga.
signed by the undersigned, not only nale diverso o pil elevato sarM
that no duties of customs shall be pagato all' importasione in ciascno
paid on merchandise the produce of d6 due paesi delle merci di produ-
one of the two countries imported zione deli' altro, di quello she vien
into the other country other or pagato sulle merci dello stesso ge-
higher than shall be paid on mer- nere di produzione di qualunque
chandise of the same kind the prod-% altro paese; ma ancors, che pei
use of any other country, but also, diritti di, navigazione e di dogana,
that, as to all duties of navigation non si farebbe pei bastimenti delle
or of customs, tfiere shall rot be- due Alte Parti contraenti, alcuna
made, as to the vessels of the two distinzione tra Ia navigazione diretta
countries, any distinction whatever e l'indiretta:
between direct and indirect naviga- I Sottoscritti dichiarano, ehe per
tion: r applicazione del detto nuovp
The undersigned declare, as to Trattato, dal giorno, in cui ne sa-
the construction of the new treaty, ranno state scambiate le ratifiche,
from the day on whih the ratifica- i vini rossi e bianehi di qualunque
tions *thereof shall be exchanged, specie di produzione del Regno
that the red and white wines, of delle Due Sicili% compreso ilvino
every kind, of the kingdom ef the di Marsala, ehe veranno immeui

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TREATY WITH THE TWO SICILIES. OCT. 1, 1855.
Two Sidlies, including the wine of negli Stati Uniti di America, non
Marsala, which shall be imported pagheranne dazii diversi d pik ele-
into the United States of America, vati d6 vini rossi e bianchi delle
shall not pay other or higher dutiks nazioni le pia favorite.
than are paid by the red and white E similmente, ehe i cotoni di pro-
wines of the most favored nations. duzione &egl Stati Uniti che verran-
And, in like manner, that the no immessi nel .Regno delle Due
cottons of the United States which Sicilie, non pagheranno dasH diversi
shall be imported into the kingdom o pill elevati d1 cotoni dl Egtto e
of the Two Sicilies shall not pay del Bengala, o di quell delle Na-
other or higher duties than the cot- zioni le pi favorite.
tons of Egypt, Bengal, or the most L presente Dichiarazione sar
favored nations. considerata come faeiente parta inte-
The present declaration shall be grale del detto nuovo Trattato, e
considered as an integral part of the verr ratiflcata hello stesso tempo,
said new treaty, and shall be ratified, scambiandosene le Tatiflche con
and the ratifications thereof ex- quefle del Trattato medesimo..
changed, at the same time as those In fede -di ehb, i Sottoseritti
of the treaty itself. r4uno firmata, e vi Anno apposto n1
sucffao delle loro armL
In faith whereog the un~lersigned Fatta in duplicato, nells Citti di
have hereunto set their hands and
afied the seal of their arms. Napoli il primo gierno di Ottobre
Done in duplicate, in the city of dell' anno del nostro Signore mille
Naples, this first day of October, in ottocento cinquantacinque.
the year of our Lord one thousand LUIGI CARAFA. [L. 8.]
eight hundred and fifty-five. PRIN JIP DI COMITILI.
[L. 8.]
ROBERT DALE OWEN. [L s.J
GIUSEPPE MARIO ARPII9'C.
[L. a.]
And whereas the said convention has been duly ratified on both part4
and the respective ratifications of the same have been exchanged:
Now, therefore, be it kfiown, that I, FRANKLIN PIERCEt Presi-
dent of the United States of America, have caused the said convention
to be made publie, 'to the end that the same, and every claus and article
thereof, may be observed and fulfilled 'with good -faith by the. United
-States and the citizens thereoL
In witness whereof I have hereunto set my hand, mid eauelda soal
of the United States to be adlxed.
Done in the city of Washington, this tenth day of Deoembr,
.. S. in the year of our Lord one thousand eight hundred and
fifty-six, and of the independence of the United States the
eight-first-

By the President:
W. L. M3xoy, SMcretm -of S&Ge.

HeinOnline -- 11 Stat. 655 1837-1868


HeinOnline -- 11 Stat. 656 1837-1868
TREATY WITH THE BLACKFOOT INDIANS. OcT. 17, 1855.

FRANKLIN PIERCE,
PRESIDENT OF THE UNITED STATES OF AMERICA, Oct. 17, 1855.
TO ALL PERSONS TO WHOM THESE PRESENTS SHALL COME, GREETING:

WHnRAS, a treaty was made and concluded at the council ground on


the Upper Missouri, near the mouth of the Judith River, in the territory
of Nebraska, on the seventeenth day of October, in the year one thou-
sand eight hundred and fifty-five, between A. Cumming and Isaae L
Stevens, commissioners on the part of the United States, and the Black-
foot and other tribes of Indians, which treaty is in the words and figures
following, to wit:-
Articles of agreement and convention made and concluded at the coun- Title.
cil ground on the Upper Missouri, near the mouth of the Judith River,
In the territory of Nebraska, this seventeenth day of October, in the year
one thousand eight hundred and fifty-five, by and between A. Cumming
and Isaac L Stevens, eommissioners duly appointed and authorized, on
the part of the United. States, and the undersigned chiefs, headmen, and
delegates of the following nations and tribes of Indians, who occupy, for
the purposes of hunting, the territory on the Upper Missouri and Yellow
Stone Rivers, and Who have permanent homes as follows: East of the
Rocky Mountains, the Blackfoot nation; consisting of the Piegan, Blood,
Blaclffoot, and Gros Ventres tribes of Indians. West of the Rocky Moun-
tains, the Flathead nation; consisting of the Flathead, Upper Pend
d'Oreille, and Kootenay tribes of Indians, and the Nez Pore6 tribe of
Indians, the said chiefs, headmen and delegates, in behalf of and aeting
for said nations and tribes, and being duly authorized thereto by them.
ARTICLE 1. Peace, friendship and amity shall hereafter exist.between Peace to exist
the United States and the aforesaid nations and tribes of Indians, parties with U. States.
to this treaty, and the same shall be perpetual.
ARTICLE 2. The aforesaid nations and tribes of Indians, parties to this Peae to exist
treaty, do hereby jointly and severally covenant that peaceful relations with each other
and with certain
shall likewise be maintained among themselves in future ; and that they other tribes.
will abstain from all hostilities whatsoever against each other, and culti-
vate mutual good-will and friendship. And the nations and tribes afore-
said do furthermore jointly and severally covenant, that peaceful relations
shall be maintained with and that they will abstain from all hostilities
whatsoever, excepting in self-defence, against the following named na-
tions and tribes of Indians, to wit: the Crows, Assineboins, Crees,
Snakes, Blackfeet, Sans Arce, and Aunce-pa-pas hands of Sioux, and
all other neighboring nations and tribes of Indians.
ARTICLE 8. The Blackfoot nation consent and agree that all that por- Blackfoot Ter-
tion of the country recognized- and defined by the treuty of Laramie s to o zed
AS common
Blackfoot "territory, lying within lines drawn from the Hell Gate or fag ground.hunt-
in an
Medicine Rock Passes in the main range of the Rocky Mountains
easterly direction to the nearest source of the Muscle Shell River, thence
to the mouth of Twenty-five Yard Creek, thence up the Yellow Stone
River to its northern source, and thence along the main range of the"
Rocky Mountains, in a northerly direction, to the point of beginning,
shall be a common hunting-ground for ninety-nine years, where all the
nations, tribes and bands of Indians, parties to this treaty, may enjoy
equal and uninterrupted privileges of hunting, fishing and gathering fruit,
-grazing ftimals, curing meat and dressing robes. -They further Pgree
that they will not establish villages, or in any other way exercise ezclu.
VOL. Xi. TREA.-86

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658 TREATY WITH THE BLACKFOOT INDIANS. OcT. 17, 1855.
sire rights within ten miles of the northern line of the common hunting.
ground, and that the parties to this treaty may hunt on said northern
boundary line and within ten miles thereof.
Provdead, That the western Indians, parties to this treaty, may hunt
on the trail leading down the Muscle Shell to the Yellow Stone; the
Muscle Shell River being the boundary separating the Blackfoot from
the Crow Territory.
Nosetements Andprovide4 That no nation, band or tribe of Indians, parties to this
tobemadethere- treaty, nor any other Indians, shall be permitted to establish permanent
On. settlements, or in any other way exercise, during the period above men-
tioned, exclusive rights or privileges within the limits of the above-
described hunting-ground.
Veste=d b And provided furhr, That the rights of the western Indians to a
not whole or a part of the common hunting-ground, derived from occupancy
and possession, shall not be affected by this hrticle, except so far as said
rights may be determined by the treaty of Laramie.
Certain tow!- ARTICLE 4. The parties to this treaty agree and consent, that the tract
to
o oof country lying within lines drawn from the Hell Gate or Medicine
nation. Rock Passes, in an easterly direction, to the nearest source of the Muscle
Shell River, thence down said river to its mouth, thence down the chan-
nel of the Missouri River to the mouth of Milk River, thence due north
to the forty-ninth parallel, thence due west on said parallel to the main
range of the Rocky Mountains, end thence suthe.rly along said range to
the place of beginning, shall be the territory of the Blackfoot ration, over
which said nation shall exercise exclusive control, excepting as may be
othet~wise provided in this treaty. Subject, however, to the prvisions of
the third article of this trbaty, giving the right to hunt, and prohibiting
the establishment of permanent villages and the exercise of any exclusive
rights within ten miles of the northern line of the common hunting.
ground, drawn from the nearept sobrce of the Muscle Shell River to the
Medicine Rock Passes, for the period of ninety-nine years.
Arovidld also, That the Assiniboins shall have the right of hunting, in
common with the Blackfeet, in the country lying between the aforesaid
eastern boundary line, running from the mouth of Milk River to the
forty-ninth parallel, and a line drawn from the left bank of the Missouri
River, opposite the Round Butte north, to the forty-ninth parallel.'
How to ene &W1oLZ 5. The parties to this treaty, 7,esiding west of the main range
and.lea. hen of the Rocky Mountains, agree and consent that they will not enter the
.ro--- common hunting-ground, nor any part of the Blackfoot Territory, or re-
turn home, by any pass in the main range of the Rocky Mountains to
the north of the Hell Gate or Medicine Rock Passes. And they farther
agree that they will not hunt or otherwise disturb the game, when visit-
ing the Blackfoot Territory for trade or social intercourse.
Indians to re- ARTICLE 6. The aforesaid nations and tribes of Indians, parties to
main in th i this treaty, agree and consent to remain within their own respective coun-
respectveteo
tes- except, tries, except. when going to or from, or whilst hunting upon, the "comq.
&o. mon hunting-ground," or when visiting each other for the purpose of
trade or social intercourse.
4 "'t y ARTICLE 7. The aforesaid nations and tribes of Indians -agree that
ndlvent citizens of the United States may live in and pass unmolested through the
Indian tritory, countries respectively occupied and claimed by them. And the United
Protecton States is hereby bound to 'protect said Indians against depredations and
against depreda-
tiens. other unlawful acts which white men residing in or passing through their
country may commit.
Rads, tele- ARTICLE 8. For the purpose of establishing travelling thoroughfares
oh lines, and through their country, and the better to enable the President to execute
&r. rytse the provisions of this treaty, the aforesaid nations and tribes do hereby
tablished. consent and agree, thut the United States *may, within the countries
respectively occupied and claimed by them, construct roads of every

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TREATY WITH THE BLACKFOOT INDIANS. OoT. 17, 1855. 659
description; establish lines of telegraph and military posts; use materials
of every desription found in the Indian country ; build houses for agen-
cies, missions, schools, farms, shops, mills, stations, and for any other
purpose fr which they may be required, and permanently ocupy as
much including
.ated, land as may be neessary for the various purposes above enumer-
the use of wood for fuel and land for grazing, and that
the navigation of all lakes and streams shall be forever free to citizens of
the United States.
AnTICLE 9. In consideration of the foreo.'g agreements stipulations, Annual
and cessions, and on condition of their faithful observance, the United In tfo -P
States agree to expend, annually, for fhe Piegan, Blood, Blackfoot, andt akoot na-
Gros Ventres tribes of Indians, constituting the Blackfoot nation, in addi-
tion to the goods and provisions distributed at the time of signing this
treaty, twenty thousand dollars, anfkuall , for ten years, to ,be expended
in such useful goods and provisions, and other articles, as the President,
at his discretion, may from time to time determine; and the superin-
tendent, or other proper officer, shall each year inform the President of
the wishes of the Indians in relation thereto: Plided, however, That if,
in the judgment of the President and Senate, this amount. be deemed
insufficient, it may be increased not to exceed the sum of thirty-five
thousand dollars per year.
ARTICLE 10. The United States further agree to expend annually, for Same subject.
the benefit of the aforesaid tribes of the Blackfoot nation, a sum not ex-
ceeding fifteen thousand dollars annually, for ten years, in establishing
and i in end inedu-
cating their chidren, and in any other respect promoting their civiliza-
tion and christianlzation: Provded, h , That to accomplish the
objects of this article, the President may, atis s discretion, apply any or
all the annuities provided for in this treaty: A provded, also, That the
President may, at his discretion, determine in what proportioui the said
annuities shall be divided among the several tribes.
ARTICLE 11. The aforesaid tribes acknowledge their dependence on Provisions to
the government of the United States, and promise to be friendly with all 8e"u0re PneP
citizens thereof, and to commit no depredations or other violence upon Iden-ith
-such citizens. And should any one or more violate this pledge, and the depredation.
fact be proved to the satisfaction of the President, the property taken
a be returned, or, in default thereof, or if injured or desti. ed, com-
pensation may be made by tife government out of the annuities. The
aforesaid tribes are hereby bound to deliver such offenders to the proper
authorities for trial and punishment, and are held responsible in their tribal
capacity, to make reprtion for depredations so committed.
or'will they make war upon any other tribes, except in slf-defene, War not to be
but will submit all mqters of difference between themselves and other mode an other
Indians to the government of the United States, through its agent, for self-dsfe e m
adjustment, and will abide thereby. And if any of the said Indians, Provision
parties to this treaty, commit depredations on any other Indians within .inst depCda.
the jurisdiction of the United States, the same rule shall prevail as that us oer In-
prescribed in this article in case of depredations against citizens. And Criminals to
the said tribes agree not to shelter or conceal offenders against the laws be surrendered.
of the United States, but to deliver them up to the authorities for trial.
A&TILz 12. It isagreed and understood, by and between the parties nnuities may
S. a a be s In
to this treaty, that if any nation or tribe of Indians aforesaid, shall violate ease of v olziUon
any of the agreements, obligations, or stipulations, herein contained, the of this treaty.
United States may withhold for such length of time as the President and
-Congress may determine, any portion or all of the annuities agreed to be
paid to said nation or tribe under the ninth and tenth articles of this
treaty.
ARTiCLn 1& The nations and tribes of Indians, parties to this treaty, PrOSIn
desire to exclude from their country the use of ardent spirits or other against intoxea-

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660 TREATY WITH THE BLACKFOOT INDIANS. OCT. 17,1855.
tion or the intro- intoxicating liquor, and to prevent their people from drinking the same.
duotion of ardent Therefore it is provided, that any Indian belonging to said tribes who is
spirits, guilty of bringing such liquor into the Indian country, or who drinks
liquor, may have his or her proportion of the annuities withheld from him
or her, for such time as the President may determine.
This eaty to A.RTIOLE 14. The aforesaid nations and tribes of Indians, west of the
be il hn f" Rocky Mountains, parties to this treaty, do agree, in codsideration of the
ouipensation. provisions already made for them in existing treaties, to accept the guar-
antees of the peaceful occupation of their hunting-grounds, east of the
Rocky Mountains, and of remuneration for depredations made by the
other tribes, pledged to be secured to them in this treaty out of the annu-
ities of said tribes, in full compensation for the concessions which they, in
common with the said tribes, have made in this treaty.
The Indians east of the Mountains, parties to this treaty, likewise
recognize and accept the guarantees of this"treaty, in full compensation
for the injuries or depredations which have been, or may be committed
by the aforesaid tribes, west of the Rocky Mountains.
Annuities not ARTICLE 15. The annuities of the aforesaid tribes shall not be taken
to be taken for to pay the debts of individuals.
debts ARTICLE 16. This treaty shall be obligatory upon the aforesaid nations
and tribes of Indians, parties hereto, from the date hereof, and upon the
United Stards as soon as the same shall. be ratified by the President and
Senate.
In testimony whereof the said A. Cumming and Isaac L Stevens, com-
missioners on the- part of the United States, and the undersigned chiefs,
headmen, and delegates of the aforesaid nations and tribes of Indians,
parties to this treaty, hUve hereunto set their hands and seals at the place
and on the day and year hereinbefore written..

A. CUMMING. rL. .

Piegans.

NEE-TI-NEE, or "the only chief," now


called the Lame Bull, his x.mark. "L. s."
MOUNTAIN CHIEF, his x mark. 'L. s.'
LOW HORN, his x mark. L.s.
LITTLE GRAY HEAD, his x mark. -L. S:
LITTLE DOG, his x mark. L. a:
BIG SNAKE, his x mark. L. s.
THE SKUNK, his x mark. L. s:
THE BAD HEAD, his.x mark. "L. S.'
KITCH-EEPONE-ISTAH, .iis x mark. 'L. s.'
MIDDLE SITTER, his x mark. . s..

ONIS-TAY-SAY-NAH-QUE-IM, his x mark.[L ]


THE FATHER OF ALL CHILDREN, his x mark. [L. s.]
THE BULL'S BACK FAT, his x mark. L. 8.
HEAVY SHIELD, his x mark. *L. s:
NAH-TOSE-ONISTAH, his x mark. 'L. 5:
THE CALF SHIRT, • his x mark. L. s.]

Gros Vent.
BEAR'S SHIRT, his x mark. LsJ
LITTLE SOLDIER, his x mark. [LL:
STAR ROBE, his x mark. L. S.]

HeinOnline -- 11 Stat. 660 1837-1868


TREATY WITH THE BLACKFOOT INDIANS. OCT. 17, 1855.
SITING SQUAW, his x mark. [L. 8.J
WEASEL- HORSE, his x mark. L. a.]
THE RIDER, his x mark. L. s.'
EAGLE CHIEF, his x mark. [L. s.]
HEAP OF BEARS, his x mark. rL. s..

BlacLfeet.
THE THREE BULLS, his x mark.[L .
THE OLD KOOTOMAIS, his x mark. L.
POW-AH-QUE, his x mark. . S.]
CHIEF RABBIT RUNNER, his x mark. L. S.J

Nos' Perc.
SPOTTED EAGLE, his x mark. 'L. B.
LOOKING GLASS, his x mark. -L. s.'
THE THREE FEATHERS, his x mark. L. s.
EAGLE FROM THE LIGHT, his x mark. L. s.'
THE LONE BIRD, his °xmark. 'L.S.'
IP-SHUN-NEE-WUS, his x mark. LL. s.
JASON, his x mark. 'L. B.'
WVAT-TI-WAT-TI-WE-HINCK, his x mark. "L.s.'
WHITE BIRD, iks x mark. L. S.'
STABBING MAN, his x mark. 'L. s.
JESSE, his x mark. 'L.S.'
PLENTY BEARS, his x mark. 'L. s.

Fatead .Nation.
VICTOR, his x mark. "L.s.'
ALEXANDER, his ; mark. 'L.S.
M[OSES, his x mark. 'L. S.'
BIG CANOE, his x mark. 'L. s.
AMBROSE, his x mark. 'L.s.
KOOTLE-CHA, his x mark. 'L.S:
MICHELLE, his x mark. 'L.8:
FRANCIS, his x mark. [i. s.'
VINCENT, his x mark. [I, 9.
ANDREW, his x mark. [L. s.:
ADOLPHE, his x mark. 'L. B.'
THUNDER, his x mark. [L. s.

Piegaw.
RUNNING RABBIT.
CHIEF BEAR, his x
his x mark.
mark. L. S.
THE LITTLE WHITE BUFFALO, his x mark. [L
t S.]
8.
THE BIG STRAW, his x mark.

Flatbed.
BEAR TRACK, his xx mark.
.LITTLE MICHELLE, his mark. [L. .
PALCHINAH, his x mark. L. 8.]
Bloods.
THE FEATHER, his x mark. [L. S.)
THE WHITE EAGLE, his x mark. [L. S.

HeinOnline -- 11 Stat. 661 1837-1868


TREATY WITH THE BLACKFOOT INDIANS. OCT. 17,1855.
Executed in presence of-
JAMES DOTY, SCretay.
ALFRED J. VAUGHAN, Jr.
E. ALW. HATCH, Agentfor Blakfeet.
TaoMrAs ADAMS, Speial.Agent Fatlaadffatiom.
R. H. LANSDALE, l. an Agedt Fkzathead .liatimon
W. H. TAPPAN, Sub.Agent.for the 1Yez Percis.
JAMES BIRD, )
A. CULBEETsON, - foot Interpreters.
BNJ. DEROCns, )
BrNj. KisER, his x mark,)
Witness, JAMES DOTY, Fl Head Intepr.ete.
GusTAvus SOHON, )
W. CRAIG, )
DELAWARE Jm, his x mark, N" Perc. Interpreters.
Witness, JAMES DOTY,
A CaE Crnes, (BRoKzN Auv,) his mark.
Witness, JamBs DOTY.
A. J. HOEEKEORSG,
JAMES CROKE,
E. S. WILSON,
A. C. JACKSON,
CHARLES SHUCETTE, his x mark.
CHRIST. P. HIGGINS,
A. H. RomE,
S. S. FORD, Jr.
And whereas, the said treaty having been submitted to the Senate of
the United States for its constitutjonal action thereon, the Senate did, on
the fifteenth day of April, eighteen hundred and fifty-six, advise and con-
sent to the ratification of the same, by a resolution in the words and
figures following, to wit:
IN EXECUTYvu SESSION, SENATE OF THE UNITED STATES,
4pri 15, 1856.
.esolved (two thirds of the Senators present concurring,) That the
Senate advise and consent to the ratification of the articles of agree-
ment and convention made and concluded between the United States and
the Blackfeet and other tribes of Indians, at the council ground on the
Upper Missouri River, October seventeenth, eighteen hundred and fifty-
five.
Attest: ASBURY DICKINS, &cra~'.

Now, therefore, be it known, that 1, FRANKLIN PIERCE, President


of the United States of America, do in pursuance of the advice and
consent of the Senate, as expressed in their resolution of the fifteenth day
of April, one thousand eight hundred and fifty-six, accept, ratify, and
confirm the said treaty.
In testimony whereof, I have caused the seal of the United States to
be hereto affixed, having signed the same with my hand.
Done at the city of Washington, this twenty-fifth day of April%
L. A. D. one thousand eight hundred and fifty-six, and of the
independence of the United States the eightieth.
FRANKLIN PIERCE.
By the President:
of Sate.
W. L. MAzCY, &Scrfay

HeinOnline -- 11 Stat. 662 1837-1868


TREATY WITH THE STOCKBRIDGES AND MUNSEES. Fm. 1856. 668

FRANKLIN PIERCE,
PRESIDENT OF THE UNITED STATES OF AMERICA, Feb. 5,1856.

TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL COME, GREETING:

WHEREAS a treaty was made and concluded at. Stockbridge, in the


State of Wisconsin, on the fifth day of February, eighteen hundred and
fifty-six, between Francis Huebschmann, commissioner on the part of the
United States, and the Stockbridge and Munsee tribes of Indians, as-
sembled in general council, and such of the Munsees as were included in
the treaty of September third, eighteen hundred and thirty-nine, but are
yet residing in the State of New York, by their duly authoried delegates,
William Mohawk and Joshua Willson, which treaty is in the words and
figures following, to wit:-
Whereas by Senate amendment to the treaty with the Menomonees of Premble.
February eighth, one thousand eight hundred and thirty-one, two townships
of land on the east side of Winnebago Lake, Territory of Wisconsin, were VoL vii. p. 847.
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 Vol. vil. p. 580.
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 town-
ships 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 Wis-
consin," approved March third, one thousand eight hundred and forty-
three, it was provided, that the remaining townships of land should be 1848,eh.10L
divided into lots and allotted between the individual members of said Vol. v. . 5".
tri.; 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 s ci. 5
act, but without making provision for bonf fide purchasers of lots in the VoL ix. p. 55.
townships subdivided in conformity to the said'first named act; and
Whereas it was found impraelicabl] to carry into effect the provisions of
the last-menioned act, and to remedy all difficulties, a treaty was entered
into on the twenty-fourth of November, one thousand eight hundred and Voi. ix. p. 956.
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 loca-
tion 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 Wis-
consin, and are desirous soon to remove and to resume agricultural pur-
suits, 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

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664 TREATY WITH THE STOCKBRIDGES AND MUNSEE8. Fmn. 1856.
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
omfortably together all such Stockbridges and Munsees---wherever they
may be now located, in Wisconsin, in the State of New York, or west of
the Mississippi-as were included in the treaty of September third, one
thousand eight hundred and thirty-nine,
ent under the paternal care of the Unitedand desire to remain for the pres-
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:
Title. Articles of agreement and convention made and concluded at Stock.
bridge 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
Vol. vi. p.580. 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 Willson.
Cession or ARITICLE I. The Stockbridge and Munsee tribes, who were included
ans at ock- in the treaty of September third, one thousand eight hundred and thirty-
r d in
ein-nine, and all the individual members of said tribes, hereby jointly and
nesta, severally cede and relinquish to the United States all their remaining
Vol vii. p. 580. right and title in the lands at the town of Stockbridge, State of Wiscon-
sin, the seventy-two sections of land in Minnesota set aside for them by
Vol. ix P. 955. the amendment to the treaty of November twenty-fourth, one thousand
-'! .. eight hundred and forty-eight, the twenty thousand dollars stipultted to be
melI h-ain paid to them by the said amendment, the sixteen thousand five hun4red
payments and dollars invested by the United States in stocks for the benefit of the
claim. Stockbridgo tribe in conformity to Article IX 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
upaby or for them or any of them are hereby abrogated, and the United
Stts released and discharged therefrm.
Another tract ARTICLE II. In consideration of such cession and relinquishment by
to be selected by oid Stockbridges and Munsees, the United States agree to select as soon
,.t t be=" e 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 eich 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 expeided for improve-
ments for the said Stockbridges and Munsees, as provided in Article IV.,
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.*
Survey of such ARTICLE II. As soon as practicable after the selection of the lands
tract and allot- set aside for these Indians by the preceding article, the United States
ment thereof. shall cause the same to be surveyed into sections, half and quarter see.
tions, to correspond with the public surveys, and the council of the -Stock-
bridges and Munsees shall under the direction of the Superintendent of
Indian Afirs for the northern superintendency, make a fair and just allot-
ment among the individuals and-families of their tribes. Each head of a
fiaily shall be entitled to eighty acres of land, and in ease his or her
family consists of more than four members, if thought expedient by the
See amendment for provisionfot further payment of $18,000 for debts,&e.,pst, p. 75.

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TREATY WITH TEE STOCKBRIDGES AND MUNSEES. Fzi: 1856. 665

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 pos-
immediate possession thereof, and the United States will thenceforth and seion given
until the issuing of the patents, as hereinafter provided, hold the same i after allotment.
trust for such persons, and certificates shall be issued, in a suitable form, notCerfialetes
assignable to
guaranteeing and securing to the holders their possession and an ultimate issue.
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 When patent
issued in the usual form. tI Is.
Should any of the heads of families die before the issuing of the certifl- Provision in
cates or patents, herein provided for, the same shall issue to their heirs; "ame of death of
and if the holder of any such certificate shall die without heirs, his or her person entitled.
land shall not revert to the United States, unless on petition of the Stock-
bridge 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 certifi-
cate 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.
ARTICLE IV. Of the monies set apide for improvements by the lid How moneys
of these Articles, not exceeding one fourth shall be applied to the building are to be
pended.
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 ap-
proved 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 direc-
tion of the superintendent aforesaid, and to be first approved by the Com-
missioner of Indian Affairs.
ARTICLE V. The persons to be included in the apportionment of the Who are en-
land and money to be divided and expended under the provisions of this titled to lot.
agreement, shall be such only, as are actual members of the said Stock-
bridge 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.
ARTICLE VI. In ease the .United States desire to locate on the tract dias Emirated
may be I--
le-
of land to be selected as herein provided, the Stockbridges and Munsees eated on said
emigrated to the west of the Mississippi in conformity to the treaty of tract
September third, one thousand eight hundred and thirty-nine, the Stock-
bridges and Munsees, parties to this treaty, agree to receive them as
brethren: Prodided, That none of the said Stockbridges and Munsees,
whether now residing at Stockbridgein the State of Wisconsin, in the State
of Newr 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.
ARTICLE VIL The said Stockbridges and Munsees hereby set aside Payments for
VOL. xi. TREAT.-87

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666-TREATY WITH THE STOCKBRIDGES AND MUNSEES. FEB. 1856.
educational pur- for educational purposes exclusively their portion of the annuities under
PVol.viip.44. the 'treaties of November eleventh, one thousand seven hundred and
Vol. vii. p.8o8. ninety-four; August eleventh, one thousand eight hundred and twenty.
Vol. vii. P.680. seven ; and September third, one thousand eight hundred and thirty-nine.
School-house. ARTICLE VIII. One hundred and My dollars valuation of the school-
house at Stockbridge made in conformity to Article VI. of the treaty of
VoL Ix. p. 55. 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 IV. of this
agreement.
Grounds for a ARTICLE IX. About seven and two fifths acres bounded as follows:
cemetery. Beginning at the northeast corner of lot eighty-nine, in the eentrd"of the
military road; thence west, along the north line of said lot, fifty-four and
a quarter rods; thence south, thifty-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 Stock-
bridge, 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.
igt of way ARTICLE X. It is agreed that all roads and highways, laid out by
for roads. 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.
President and ARTICLE XI. The object of this instrument being to advance the
8enate or Con- welfare and improvement of said Indians, it is agreed, if it prove insuffi-
ue aai. cient,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-con-
sent 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, here-
after, make such provisiop by law, as experience shall prove to be necessary.
Provision ARTICLE XIL The said Stockbridges and Munsees agree to suppress
against ardent the use of ardent spirits among their people and to mist by all prudent
means, its introduction in their settlements.
Sales of allot- ARTICLE X The Secretary of the Interior, if deemed by him
ments under ' expedient and proper, may examine into the sales made by the Stock-
a act
of 84,xe .01, bridge Indians, to whom lots of land were allotted in conformity to the
o and set act of Congress, entitled "An act for the relief of the Stockbridge tribe
aside or con- of Indians in the Territory of Wisconsin," .approved March third, one
firmed. thousand eight hundred and forty-three; and if it shall be found that any
Vol. v p. M. of the sad sales have been improperly made, or that a proper considera-
tion 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.
Sales of sun- ARTICLE XIV. The lots of land, the equitable title to which shall be
dry lots. found not to have passed by valid sales from the Stockbridge Indians to
purchasers, and such lots as have, by the treaty of November twentyc
fourtl, 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 militay road,
and all the lands in the three -tiers of lots next to Lake Winnebago, and
at-fte dollars per acre for the rmsidue. 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 qualiflations requisite to acquire preemption rights, or
being civilized persons ofIndian descent, not members ofaly tribe, who shall

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TREATY WITH THE STOCKBRIDGES AND MUNSEES. FXn. 1856. 667
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- im-
provements 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 ratifica-
tion hereof, as shall be deemed advisable by the President of the United
States, provided, that no such actual settler'shall be permitted to preempt,
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 accord-
ance with the survey made in conformity to mid act of March third, one
thousand eight hundred and forty-three, unless, in the opinion of the Secre-
tary of the Interior, a new survey shall be deemed necessary and proper.
ARTICLE XV. The United States a&ree to pay, within one year after Apersased val-
the ratification of this agreement, the appraised value of the improvement s on the
upon the lands herein ceded and relinquished to the United States, to the ceded land to be
individuals claiming the same, the valuation of such improvements, to be Paid-
made by a person to be selected by the Superintendent of Indian Afairs
for the northern superintendency, and not to exceed, in the aggregate,
the sum of five thousand dollars.
AuTiCLE XVL The hereinafter named Stockbridge Indians, having be- Certain persons
advanced in civilization, an.d being desirous of separating to have patents
come sufiiently in fee of certain
from the Stockbridge tribe, and of enjoying the privileges granted to per- lots in full of all
sons of Indian descent by the State of Wisconsiai, and in consideration of claims.
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 en-
titled, 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.

ul itI
NAMs OF PERSONS,*
E
__
d _

John Moore ................................ 9, 8, and 105 ...... 226 and f87


Job Moore ................................. 69, 176, and 191.... 280 ........
Sophia Moore ............................... 177 ...............
Caleb Moore ............................... 223 ...............
Elizabeth Moore ............................ 234............. .. ,... ., .
Henry Moore .............................. 264 ............... *.........
Daniel Davids' heirs ........................ 47, N. half 48, 6o... .. ,......,..
233........
John Littleman's heirs .................. 113 ...............
Jane Dean's heirs ........................... 30..............
A. Miller's heirs ............................. 14...............
Mary M llster ........................... N. half 28 ........ S. half 280
Hope Wech, .............................. 284...............
Catherine Mills ............................. S. half 194...
Nancy Horn,................................. N. half 27 ........ S. half 270
aardtBeaulien, .......................... N. half 238
........ S. half 288
Sally S&henandoah ......................... 76 ................
Jacob Moore, .............. 238..... . 190.:::
.. ,........
Martha Moore, wife of Jacob Moore........
RetseyManagne ........................... N. half 849... . half 349
Levy Konaspot............................. 61,152s ......... ,.....,...
Mary Hendrek ........................... 78...............

* See amendment inserting the name of John W. Abramsposf, p. 75.

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668 TREATY WITH THE STOCKBRIDGES AND MUNSEES. Fa. 1856.
The said Mary Hendrick and Levy Konkapot to have the privilege of
joining again the said Stockbridges and Munsees in their new location.
Inomistent ARTICLE XVII. So much of the treaties of September third, one thou-
treaties annul-
led, sand eight hundred and thirty-nine, and of November twenty-fourth, one
thousand eight hundred' and forty-eight, as is in contravention or in con-
fliet with the stipulations of this agreement, is hereby abrogated and
annulled.
ARTiCLz XVIIL This instrument shall be binding upon the contracting
parties whenever the same shall be ratified by the President and the
enate of the United States.
In testimony whereof, the said Francis Huebsehmann, 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 hereinbefore written.
FR4NCIS HUEBSCHMANN,
[L. 9.]
mm'se'o"&w on 4~e part of t nited &atm.
ZIBA T. PETERS, sacom, 'L. S.)
JOHN N. CHICKS, 1L. S.]
JEREMIAH SLINGERLAND, [L. .J
JOHN W. ABRAMS, Counsenors. L. a.
LEVI KONKAPOT, t L. S.
JOSHUA WILLSON, his x mark. L. 0.
Delega of Mumes of Ne York.
THOMAS S. BRANCH;[LS.
JACOB DAVIDS, his x mark. [L. S.]
JOHN W. QUINNEY, jr., his x mark. [L. s]
TIMOTHY JOURDEN, his x mark. EL. 5.
JOHN YOCCOM, his x mark. 'L. S.
WILLIAM MOHAWK, his x mark. L. S.
Delegate of Munaees of Aew York*.
GEORGE T. BENNETT, L. s.
JACOB KONKAPOT, L.
JESSEE JOURDEN, hib x mark. L. 8.
.L. s.I
JEREMIAH BENNETT, his x mark.
ISAAC JACOBS, his x mark. L. s.'
JAMES JOSHUA, his x mark. 'L. S.:
BENJAMIN PYE, 24 his x mark. 'L. s.
JOHN HENDRICKS, .L. 5.
ELI WILLIAMS, his x mark. L. s:
CORNELIUS ANTHONY, L. s.
LEWIS HENDRICK L. s.
ADAM DAVIDS, L.
ELIAS KONKAPOT, his x mark. 'L. S..
JEDIEHAL WILBER, ". S.
WILLIAM GARDNER, .
STEPHEN GARDNER,
SIMEON GARDNER, his x mark. 'L. 8.:
POLLY BENNETT, her x mark. L. S.
ELEANOR CHARLES, her x mark. 'L. S.
MARY HENDRICK, her x mark. 'L. B.
SUSAN HENDRICK, her x mark. L. S.'
JOSEPH DOXTATOR, his x mark. -'L. S.'
JOSEPH L. CHICKS, "L.
.L. a...
SOLOMON DAVIDS, his x mark.
JOB MOORE, his x mark." L. s.'
SOPHIA MOORE, her x mark. 'L. S.,

HeinOnline -- 11 Stat. 668 1837-1868


TREATY WITH THE STOCKBRIDGES AND MUNS EBS. Fm. 1856. 669
CALEB MOORE, his x mark. 1L. S.
ELIZABETH MOORE, her x mark.
HENRY MOORE, Is x mark.
ELIZABETH BOMAN her x mark. LS.,
HUMBLE JOURDEN, L
L.. S."
L. S.
L. S.
x mark. S°
PHEBE PYE, her .L. 5.
JACOB JACOBS,
AARON KONKAPOT, .L. S.
JEREMIAH GARDNER, his x mark. L. S.
ANDREW WILBER, his x mark. .L. S.
PRUDENCE QUINNEY, her x mark. .L. S.
BERSHEBA WRIGHT, L. S.
ALONZO QUINNEY, his x mark. [L. 5.)
REBECCA THOMPSON, her x mark. L. 5.
DIANAH DAVIDS,
MARY ANN LITTLEMAN, her x mark. L. S.
PETER BENNETT, sr., his x mark.
PETER BENNETT, jr., his x mark.
DANIEL GARDNER,
BASHIBA BROWN, her x mark.
DEN19IS T. TURKEY,
BENJAMIN PYE, 3d, his x mark.
ABRAM PXE, s, his x mark.
ABRAM PYE, jR., his x mark.
DAVID PYE, his x mark.
.ELIZABETH DOXTATO, her x mark.
MARGARET DAVIDS, her x mark. kL.
L. S.S.
CORNELIUS AARON, his x mark. B.
ANNA TURKEY, her x mark. ,L.L. S.
L. S.
LOUISA KONKAPOT, her x mark. "L.5.
PHEBE SHICKET, her x mark. L. 5.l
ELIZABETH AARON, her x mark. ,L.
.L. S.5.
REBECCA AARON, her x mark.
BENJAMIN PYE, 4th. his x mark. L. S.S:
PAUL PYE, his x mark. .L.
JACKSON CHICKS, and 2 heirs of JOSIAH L. S.
CHICKS, TL. 5.
ELECTA W. CANDY, sister of the late JOHN .L. S.
W. QUINNEY, L. S.
MARY JANE DEAN,) [L. s.°
'L.5.
DANIEL P. DEAN, Heirs of Jane Dean.
JOHN W. DEAN, ) r.° S.
CORNELIUS YOCCOM, his x mark. L. S;.
HARRIET JOURDEN, her x mark.
PETER D. LITTLEMAN, his x mark. "L.St.
]OVINA PYE, her x mark. L°S.
CHARLOTTE PALMER, her x mark. L.8
RAMONA MILLER, her x mark. L° 5.
HANNAH TURKEY, her x mark. Lr.S.•
DIDEMA MILLER, L. S.
DA. BIG DEER, his x mark. bL. 5.
ELIZABETH WILBER, her x mark. L. S.
DARIUS DAVIDS, his x mark. "L.5."
HARVY JOHNSTON, his x mark.
MARY ELIZA BUTLER, her x mark. 'L.S."
'L.5."
THOMAS TOUSEY,
CHESTER TOUSEY, L• S.
DANIEL TOUSEY, L. S.
SARAH TOUSEY, her x mark.

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670 TREATY WITH THE STOCKBRIDGES AND MUNSEES. FE 1856.

PHILENA PYE, Ist, her x mark. *L. s:


LUCINDA QUINNEY, her x mark. 'L. s.'
SALLY SCHANANDOAH, her x mark. 'L. S.'
MARY McALLISTER, her x mark. L.
HOPE WELCIL her x mark. L. s.
CATHARINE MILLS, her x mark. L. s.'
NANCY HOM, her x mark. L. s"
MARGARET BOLREW, her x mark. 'L. s.'
ELIZA FRANKS, her x mark. L. S.'
LUCINr)A GARDNER, her x mark. L. S.
MARY JANE BOMAN, her x mark. L. s.'
DEBBY BALDWIN, her x mark. 'L. S.'
EDWARD BOMAN, his x mark. 'L. s.
HANNAH SMITH, her x mark. L. s.
MOSES SMITH, his x mark. L. s.
BETSY MANAGUE, her x mark. 'L. s'
DOLLY DOXTATOR, her x mark. L. s.'
AARON SMITH, his x mark. '. S.
POLLY SMITH, her x mark. L. s%
MARY THEBEANT, her x mark. L. s.
JACOB MOORE,
ABIGAIL MOORE, her
xMaTL L.
L. S.
8.
CLARISSA MILLER,
POLLY KONKAPOT, her x mrk. "L. S.'
JOHN LEWIS, his x mark. L. S.
JAMES CHICKS, his x mark. 'L. S.'

Signed and sealed in presence of


TiEODORE KOVEN, SeCreary to sm"8ow .
SAML. W. BEALL,
ADAM ScEmPF,
JAMES CERISTnE,
LEXuRL GOODELL,
ENos MCKENZIE,
ELAM C. PEASE.

RoU and Census made in conformity to Article V. of a foregoing Treaty.

WANES5. NAXas.

Census af the J.unsees ofew Census of Soc diq and


Yor indludedin the twtiN Munse. at SW**e,
of epober 3, 1839.
Isaac Durkee .............1 1 John N. Chicks ..........
William Mohawk ......... I I Jeremiah Sllngerland .....
Titus Mohawk ............ John W. Abrams ......
Thomas Snake's widow...... I Ziba T: Peters ........
Austin Half White ......... Levy Ronkapot. ..........
Clarissa Spragg .......... .. 1 Thomas S. Branch .......
George Moses ............ 1 1 Jacob Davids .............
Jonathan Waterman ...... 1I John W. Quinney, jr. .....
..........
Jonathan Titus .......... I. Timothy Jourdan .........
Levy Haiftown 1I 1 John ocum...........
Jefferson Haiftown ....... 1 1 George T. Bennet .......
Eunice Red Eye .......... .. Jacob Konkapot .........
John Willson ............. I1 Jesse Jourdan ............
Joshua Willson ........... I I Jeremiah Bennet ..........
Isaac Jacobs .............

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TREATY WITH THE STOCKBRIDGES AND MUNSEES. Fz&. 1856. 671
ROLL OF THOSE AT STOCKBRIDGE-Continued.

NAMEs. p ~ NAMES.

James Joshua
Benamin 2d ....... 11i
Pye,............ i Remona Miller ...........
.1
7 Hannah Turkey .......... •.1 8 32
John P. Hendricks....... I 45 ldee............ 1..
Ell Williams ............. I Ehizabeth Wilber .......
1 2
Cornelius Anthony ........ i 4 Harvey Johnston .........
Lewis Hendrick. .......... i 1- Mary Eliza Butler ....... .. 1 8
.Adam Davids .......... I 4 Thomas Tousey ..........
Elias Konkspot. .......... I 1 Chester Tousy.......... 115
Jedediak Wilber ....... I 1 Daniel Tousey ...........
William Gardner ......... i 5 Sarah Tousey ............
Stephen Gardner ........ I 3 Philea Pye, 1st .......... 1
Simeon Gardner ........ 1 3 Lucinda Quinney ........
Polly Bennet ............... a Eliza Franke......... 1.
Eleanor Charles ......... I Lucinda Gardner ....... .
Mary Hendrick ............. 1 Mary Jane Bowman ....... " 1 2
Susannah Hendrick....... I Debby Baldwin ...........
Joseph Doxtator ......... 1 2 Edward Bowman .........
Joseph L. Chicks ......... 1 4 Moses Smith .............
James Chicks ............ 1 Dolly Doxtator ..........
Solomon Davids.......... i S Polly Smith ..............
Elizabeth Bowman. ......... 4 Aaron Smith, (Hannah
Humble Jourdan ........ 1 2 Smith) ................
Phebe Pye ............. I Polly Konkapot, ..........
Jacob J.aobs........... I 1 John Lewis .............. ..1 22
Aaron Konkapot ......... I !1.
1 Peter D.Littleman: .......
Jeremiah Gardiner....... 1 I Clarissa Miller ........... .. o
Andrew Wilber ......... 1 I John P. Quinney, (absent)..
Prudence Quinney .......... 1 Paul Quinney, (absent) .... 1
I..
Bethseba Wright ....... I Charles Stevens .......... 1 1 ..
Alonzo Quinney........1 I Samuel Stevens.......
Rebecca Thompson ......... 1 Samuel Miller ............
Peter Bennet, sr.......... 1 6 John Metoxen, sen ........
Peter Bennet, jr ......... 1 2 Simeon S. Metoxen ....... I ..
Daniel Gardner ......... 1 I Nicholas Palmer ..........
Bathseba Brown ........... I Daniel Metoxen .......... •.1 1
Dennis T. Turkey ........ 1 2 Moses Doxtator ..........
Benjamin Pye, 3d ........ 1 6 Darius Charles ...........
Abram Pye, sen......... 1 3 Catharine Butterfield ......
Abram Pye, jr .......... 1. I Washington Quinney ......
David Pye .............. 1 I Ezekiel Robinson ......... 11
"Elizabeth Doxtator ....... 5 Sallyye ................
1.. 2
Margaret Davids ............ SJames almer............ I ..
Cornelius Aaron .......... I 8 Jonas Thompson ........ :
Anna Turkey .............. 1 William Thompson .......
Phebe Skieket .............. 1 Austin E. Quinney .......
Louisa Konkapot .......... 1 John Beaman ............ 11 .. 2
Elizabeth Aaron ............ 1 Simeon Qainney .........
Rebecca Aaron............. I Elizabeth Palmer ......... 1.
Be ooPY4th........ I 5 Margaret Miller ..........
I William Miller ...........
Jackson Chicks and one oth- Zachariah Miller ......
er orphan, heirs ot Josiah Salomon Duchamp ....... 1.
Chicks.............. 2 John Metoxen, jr.....
Etecta W. Candy........ 6 Joseph L Quiney.
Cornelius Yooeum ....... 1 5 Quinney ............
Harriet Jourdan ............ 1 inhuyseli Quiney .... 11
Levina Pye ................ I Bartholomew Bowman ....
Charlotte Palmer.......... 4 Lewis Bowman ...........

FRANCCI HUEBSCHMNN,
(Aamissiowner on the-partof 1 l.adtd States.
ZIBA T. PETERS, Scaem.

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672 TREATY WITH THE STOCKBRIDGES AND MUNSEES. FEB.1856.

Rol and Censs of &o'kbdges and Munsees who prefer to remain at Sock.
bridge, according to ART. XVI.

NAMES. NAMtES.

John Moore .............. 1 .. .. 1. Dideema Miller .......... 1 .. 1


JobMoore............... 1 1 1 6 8 Darius Davids ......... 1 ....
SophaMoore............ .. 1 .. I Mary McAllistcr .......... .. 1 1
Caleb Moore ............ .. I
Elizabeth Moore .::J::::: Catherine Mills .......... ..1 1
HenryMoor ............. 1 1 2 NancyHom............1.. 1 I
Diana Davids ............ .. I Margaret Beaulieu ....... . I "5 6
Mary Ann Littleman ...... 1 1 2 Sally Schonandoab ........ 1 2 3
Mary Jane Dean,) Children .... 1 1 Betsey Manague ........... 1 5 6
DanielP.Doan, "ofJane4 .... 1 1 Jacob Moore ............ 1 1 2 4
John W. Dean, J 1 n. { .. 1 I..

FRANCIS HUEBSCHMANN, Cmmissioner.


ZIBA T. PETERS, Sa ien.

DEPARTmENT OF TE INTERIO,
Offce Indian Affairs, March 8, 1856.
Letter of Geo. Sia: Referring to my last two annual reports, where the embarrassed
W.
Indian Cnmmis- condition of the Stockbridge and Munsee Indians is discussed, and to the
Mnypenny,
&loner. paragraph of the general Indian appropriation bill, of the 8d March,
1855, Stat. at Large, vol. x, p. 699, where there isappropriated, "For
the purpose of enabling the President to treat with, and arrange the dif-
ficulties 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 Huebsehmann, the pro-
visions of which are approved by me, and would recommend, if you agree,
that it 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 Willson,
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 Menomonees.
Very respectfully, your obedient servant,
GEO. W. MANYPENNY, Commissioner.
Hon. ROBERT MCCLELLAND,
Secretary of the .aLerior.

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TREATY WITH THE STOCKBRIDGES AND MUNSEES. Fmn 1856. 673

NORTzE=N 8uPEm&IfT=DNCT,
Milwanie, Febrary,23, 1856.
SIu: I have the honor to enclose a treaty with the Stockbridges and Letter of Fran-
Munsees, concluded in conformity to your instructions. In consequence cisMn,.Huebsch- Suporiu-
of the complicated difficulties at Stockbridge, and the factious spirit ruling teudeit.
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 circum-
stances. 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 in-
dividuals 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 and Munsees.
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 vfould, 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 reorganization 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 claim-
ing 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,) $2,760.68, 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 Stock-
bridge affairs came under my superintendence, in the same manner as the
$16,500, under art. V. had bien paid; and for the benefit of Sam'l 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 pro-
portion 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 dollaR_ 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
VOL. Xi. TiEAT.---88

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674 TREATY WITH THE STOCKBRIDGES AND MUNSEES. Fza. 1856.
majority of the Stockbridges in relation to the application of those funds,
have been frequently disregarded, and at the present time Sam'l 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 fivorable 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 their 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 forepart
of December last, of the arrangement contemplated in relation to lands
and land-titles at Stockbridge, (articles XIIL and XIV.,) 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 mdad 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
1848, and the list of patents to lots to be granted under the treaty of 1848,
is imperfect and incorrect, the setters at Stockbridge, if they understand
it, will be the last to object to authority being granted"to the proper
officer, to issue patents; ad 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 at 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 con-
fined 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 set-
tlers 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
sined, that part of the State has been under great excitement, and many
ve 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 ART. XIV., granted to a
number of Indians by ART. XVI., was considered by all as very valuable,
whica 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 landi
from the government at a less price, and not because the price is too higl

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TREATY WITH THE STOCKBRIDGES AND MUNSEES. Fim 1856. 675
or unjust to any one of them. A power of attorney of the Munsees of
New York to their delegate is herewith enclosed.
Very respectfully, your obedient servant,
FRANCIS HUEBSCHMANN,
SupeteindeaL
Hon. GEoRE W. MfANmir,
Commisio"wr of Isdian Afairs, Waington, D. .

Know all men that by these presents we make, constitute, and appoint
Isaac Durkee, William Mohawk, and Joshua Wiflson, 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 be-
tween 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 com-
missioner, 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 trans-
mit to us, in the State of New York, said moneys, to enable us im-
mediately 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.
ISAAC DURKEE,
WILLIAM MOHAWK,
TITUS MOHAWK, his x mark.
AUSTIN HALF WHITE his x mark.
CLARISSA SPRAGG, her xzmark.
GEORGE MOSES, his x mark.
JONATHAN WATERMAN, his x mark.
JONATHAN TITUS, his x mark.
LEVY HALF TOWN, his x mark.
JEFFERSON HALF TOWN, his x mark.
In presence of
SAMeL W. BBiLL,
JorN AasTRoxG.

STATEA O NEW YoVX,


Cou, ,j" •
On this 19th day bf January, A. D. 1856, came before me Isaac Dur-
kee, William Mohawk, Titus Mohawk, Austin Half White, Clarissa
Spragg, George Moses, Jonathan Watersake, 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 instrnument of attorney, and acknowledged that they executed
it freely. GEORGE JAMISON, Us x mark.
Sworn and subscribed before me, this 19th day of January, 1856.
ELISHA BROWN,
Justice of as Pace.

And whereas the said treaty having been submitted to the Senate of
the United States for its constitutional action thereon, the Senate did, on
the eighteenth day of April, eighteen hundred and fifty-si, advise and

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676 TREATY WITH THE STOCKBRIDGES AND MUNSEES. FEB. 1856.
consent to the ratification of the same, with amendments, by a resolution
in the words and figures following, to wit:
IN EXECUTIVI SEsSIoN, SMATu OF M UKImT STATES.
.Apri 18, 1856.
Bewoke4, (two third of the senators present concurring,) That the
Senate advise and consent to the ratification of the articles of agreement
and convention, made and concluded at Stockbridge, in the State of Wis-
consin, on the fifth day of February, eighteen hundred and fifty-six, be-
tween 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 8, 1839, but are yet residing in the State of Nfew York,
by their duly authorized delegates, 'WilliamMohawk and Joshua Wilson,
with the following
AM3KNDUENNTS.
AmdmentsL ARTICL1 IL Add thereto, the following:
" "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."
AETIoLz XVL Insert the name of "John W. Abrams" in the list
of persons provided for in this article; and in the column opposite his
name, the words "lot No. 59 "-.and insert his name also after the name
of "Levi Konkapot," in the paragraph below the list of names.
-Attest: ASBURY DICKINS, ,cetaft.
And whereas the said amendments were, at Stockbridge, Wisconsin, on
the twenty-ninth day of July, eighteen hundred and fifty-six, laid before
the general council o the Stockbridge and Munsee tribes of Indians, and
after having been read and fully explained to said council, were ratified
and accepted by said council, by a written instrument in the words and
figures following, to wit:
IN GamuL Couiom Or T= STOmmRamGe AD MuNszz Tamss
oF IwNIAs.
,aa 'ge,Wiconin, Aj 29, 1856.
The Senate of the United States having advised and consented to the
ratification of the articles of agreement and convention, made and con-
cluded at Stockbridge, in the State of Wisconsin, on the fifth day of
February, eighteen 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 8d, 1889. but
were yet residing in the State of New York, by iheir duly authorized
delegates, William Mohawk and Joshua Wilson? with the following

Amendment.. AMTIOLZ I. Add thereto, the following:.


"And the further sum of eighteen thousand dollars, (twelve thousand
for the Stoeckbridges, 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."
ARTIoLE XVI. Insert the name of "John W. Abrams" in the list
of persons provided for in this article; and in the column opposite his
tame, the words, "lot No. 59 "--and insert his name also after the name
of "Levi Konkapot" in the paragraph below the list of names-we, the

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TREATY WITH THE STOCKBRIDGES AND MUNSEES. IN. 1856. 677
abovenamed Stockbridges and Munsees, parties to the said articles of
agreement and convention, after the said amendments have been read and
explained to us, consent to and accept of the same.
In witness whereog we have hereunto set our hands and seals.
ZIBA T. PETERS,. anhL.
JOHN N. CHICKS, ,L.
JEREMIAH SLINGERLAND,L.
JOHN W. ABRAMS, , , .s.
LEVI KONKAPOT, OL. s.'
JOSHUA WILLSON, his x mark. L. s.
JOHN YOCCOX, his x mark. 'L. 8.
WILLIAM MOHAWKIK his x mark. 'L. s.'
JAMES JOSHUA, his x mark. L. s.
BENJAMIN PYE, 2d, his x mark. 'L.s.'
JOHN HENDRICKS, L. 5:
ELI WILLIAMS, 1L. ."
ELIAS KONKAPOT, his x mark. 'L. s.
WILLIAM GARDNER, .
STEPHEN GARDNER, L. S.
MARY HENDRICK, her x mark. 'L.s.
JOSEPH DOXTATOR, his x mark. L. .
ELIZABETH BOMAN, her x mark. 'L.s.
HUMBLE JOURDEN, L. 6.
JEREMIAH GARDNER, his x mark. 'L. s
ABRAM PYE, sen., his x mark. 'L. s.
CORNELIUS YOCCOM, his x mark. L. a.
PETER D. LITTLEMAN, L. 5.
LOVINA PYE, her x mark. "L.a.
DR. BIG DEER, '. :
HARVEY JOHNSTON, his x mark. L. s.
THOMAS TOUSEY, o
*:
QHESTER TOUSEY, his x mark. 'L. .
DANIEL TOUSEY, his x mark. L. .
SARAH TOUSEY, her x mark. L. S.
DEBBY BALDWIN, her x mark. L.. S.
ABIGAIL MOON, her x mark. L. 5.
CLARISSA MILLER, her x mark. 'L. s.
SOLOMAN DAVIDS, his x mark. 'L. S.
JACOB KONKAPOT, his x mark. L. s.
ISAAC JACOBS, his x mark. L. S.
SUSAN HENDRICKS, L. S;
JEREMIAH BENNETT, his x mark. aL..
DENNIS TURKEY, L.S.
ELECTA W. CANDY, L. 5.
SALLY SCHANENDOAH, L.
DANIEL GARDNER, his z mark. 'L. s.
SIMEON GARDNER, his x mark. 'L 5."
SOPHRONIA THOMPSON, her x mark. 'L. 5.
CATHERINE MILLS, -her x mark. .L. s-
JOHN W. QUINNEY, L. s.
PAUL QUINNEY, his x mark. *L. s.
LUCINDA GARDNER, her x mark. "L.s:
JACOB JACOBS, 'L. .:
MARGARET DAVIDS, her x mark. L. s.
PETER BENNETT, his x mark. 'L. s.
PHEBE PYE, her x mark. L.s:
ELIZABETH DOXTATOR, her x mark. 'L. s.
JOHN LEWIS, his x mark. 'L. s.
ELIZABETH WILBER, her x mark. 'x. .

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678 TREATY WITH THE STOCKBRIDGES AND MUNSEES. Fm 1856.
REBECCA AARON, her x marik. 'L. s."
ELIZABETH AARON, her x mark. 'L. .
THOMAS S. BRANCH, .L. 8.
JANE BOMAN, her x mark. L. S..
JAMES CHICKS, his x mark. L. S."
HANNAH TURKEY, L. s.
BENJAMIN PY, 8d, L. s.
POLLY KONKAPOT, her x mark. 'L. s.'
JACOB DAVID, Ms.x mark. 'L. B.
ADAM DAVID, his x mark. 'L. s.'
LEVI KONKAPOT, his x mark. 'L. s.
POLLY SMITH, her x mark. IL.S.
AARON SMITH, his x mark. "L.S.*
JEDEDIAH WILBER, 'L. s.'.
MARY ELIZA BUTLER, her x mark. L. S.
HANNAH SMITH, her x mark. 'L. s.,
POLLY BENNETT, her x mark. 'L. a.'
BASHEBA WRIGHT, her x mark. "L.8.
BARSHEBA BROWN, her x mark. L.S.'
TIMOTHY JOURDEI, L. S.
HARRIET JOURDEN, 'L.5.
DOLLY DOXTATOR, her x mark. 'L. s.'
PHEBE SKICKET, her x mark. 'L.S.'
LOUISA KONKAPOT, her x mark. 'L. s.
ANDREW JACKSON CHICKS, and
two heirs of JOSHUA CHICKS, "L.S.
HOPE WELCH,
CHARLOTTE PALMER, her x mark. L. S.
RAMONA MILLER, her x mark. 'L. s.'
DIDEMA MILLER, her x mark. L. 8.
JOB MOORE, his x mark. 'L. a.
LUCINDA QUINNEY, her x mark. L. 8.
Signed and sealed in presence of
Fnqois Humsomw, Superinaemet 1ida Afa r.
D& FzNAmN OSALLO,
H. Bazwun,
J. H. CLLxLvxs,
T oxAs McIzw.
Now, therefore, be it known, that I, FRANKLIN PIERCE, Presi-
dent of the United States of America, do, in pursuance of the advice
and consent of the Senate, as expressed in their resolution of the eight-
eenth day of April, eighteen hundred and fifty-six, accept, ratify, and
confirm the said treaty, with the amendments.
In testimony whereof, I have caused the seal of the United States to
be hereto affixed, having signed the same with my hand.
Done at the city of Washington, this eighth day of September,
[. I.) eighteen hundred and fifty-six, and of the inde~endence of
the United States, the eighty-first.
FRANKLIN PIERCE.
By the President:
W. L ]"BOY, $eer*ttvS of SW&

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TREATY WITH THE MENOMONEES. Fm. 11, 1W6.

FRANKLIN PIERCE,
PRESIDENT OF THE UITED STATES OF AMERICA.
TO ALL AND SINGULAR TO 'WOM THESE PRZESNTS SHAiLL COME, GRZETING: Feb. 11, IN.

WiffzatS a treaty was made and concluded at Kreshena, State of


Wisconsin, on the eleventh day of February, one thousand eight hundred
and fifty-six, between Francis Huebsehmann, commisaioner on the. part of
the- United States, and the Menomonee tribe of Indians, assembled in
general council, which treaty is in the words and figures following, to
wit: -

Whereas a treaty was entered into at Stockbridge, in the State of Preamble.


Wisconsin, on the fifth of the present month, between the United States
of America on the one part, and the Stockbridge and Munsee tribes of
Indians on the other, stipulating that a new home shall be furnished to
the said Stockbridge and Munsee Indians, near the south line of the
'Menomonee reservation; and
Whereas the United States desire to locate said Stockbridges and Mun-
sees near the said line in the western part of the -said reservation, on
lands on which no permanent settlements have been made by the Meno-
monees; and
Whereas there is no objection on the part of the Menomonees to the
location of the Stockbridges and Munsees in their heighborhood, therefore,
this agreement and convention has been entered into-

Articles of agreement made and concluded at Keshens, State of Wison- Title.


sin, on the eleventh day of February, in the year of our Lord eighteen
hundred and fifty-six, between Francis Huebsehmann, commissioner on
the part of the United States, and the Menomonee tribe of Indians, as-
sembled in general council.
ARTICLE 1. The Menomonee tribe of Inda cede to the United Cedon of land
States a tract of land, not to exceed two townships in extent, to be select- to the U.Sa
ed in the western part of their present reservation on its south line, and
not containing any permanent settlements made by any of their number,
for the purpose of locating thereon the Stockbridge and Munsee Indians,
and such others of the New York Indians as the United States may de-
sire to remove to the said location within two years from the ratification
hereof.
ARTICLE 2. The United States agree to pay for the said cession, in Payment for
case the said New York Indians will be located on the said lands, at the wjd cesion.
rate of sixty cents per acre; and it is hereby stipulated, that the monies
so to be paid shall be expended in a like manner, to promote the improve-
inent of the Menomonees, as is stipulated by the third article of the treaty
of May twelfth, eighteen hundred and fifty-four, for the expenditure of
the forty thousand dollars which had been set aside for their removal and
subsistence, west of the Mississippi, by the treaty of October eighteenth,
eighteen hundred and forty-eight.
ARTICLE 8. To promote the welfare and the improvement of the
said Menomonees, and friendly relations between them and the citizens of
the United States, it is further stipulated-
* 1. That in case this agreement and the treaties made previously with Lawf may be
the Menomonees should prove insufficient, from causes which cannot now fa, of theMe-
been [be] foreseen, to effect the said objects, the President of the United omonee.

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680 TREATY WITH THE MENOMONEES. Fnn. 11, 1856.
States may, by and with the advice and consent of the Senate, adopt such
polcy in the management of tha s te Menomonees as in his
judgment
make such may be most
provision beneficial
by law, to them;
as experience or prove
shll Congress may,
to be hereafter,
necessary.
BuPpsnof~a 2. That the -Menomonees will suppress the use of ardent spirits among
spits, their people, and resist, by all prudent means, its introduction in their
l

XAnnutWnay settlements.
8. That the President of the United States, if deemed by him eondu-
nuadiy
terly. qua to be topaid
1 -eie the towelfare
them inof seml-annual
the Menomonees, may cause
or quarterly their annuity monies
instalments.
fRight of way 4. That all roads and
Sright of way through thehighways, laid out by authority of law,
lands of the said Indians on the sameshall have
terms as
are provided by law for their location through lands of citizens of the
United States.
ARTICLE 4. This instrument shall be binding upon the contracting
parties whenever the same shall be ratified by the President and Senate
of the United States.

In testimony whereof, the said rancis Huebschmann, commissioner as


aforesaid, and.with
presence and the chiefs and headmen of the said Menomonse tribe, in
the consent of the warriors and young med of the
said tribe,atassembled in
and seals the
p andgeneral
on the council,
day and have
year hereunto set their handq
hereinbefore written.
FRANCIS HUEBSCHMANN, [L. a.)
Commissioner
United8nStates.
ate pai of the

OSH-KOSH, his x mark. "L. 5.


3HO NB-NIEW, his x mark. L. ."
KB-SHE-NA, his x mark. .L. a.
LA-MOTTE, his x mark. L.'.
PE-QUAH.KAW-NAH, his x mark. .L. s.
CAR-RON, his x mark. L. S.
WAU-KE-CHON, his x mark. L. S."
AH-KAMOTE, his~x mark. L. S.
AH-YAH-METAH, his x mark. L.s5.
OSH-KE-H2E-NA-NIEW, his x mark. L/. 5.
KOTCH-KAW-NO-NAEW, his z mark. :L. a.'
SHO-NE-O)N, his x mark. L.ea.
WA-PA-MASSAEW, his x mark. L. s."
NAW-NO-HA-TOKE, his x mark. L.Sa.
MATCH-A-KIN-NAEW, his x mark. L s."
MAB-MAR-KF_-WET, his x mark. "L. s."
KC)-MAN-E-KMl, his x mark. L. a."
SHAW-PUY-TUCK, his x mark. :L. s."
OKEN-A-PO-WET, his x mark. .. s.
WAY-TAW-SAY, his x mark. "L. 5."
NAW-KAW-CHIS-KA, his x mark. :L. S."
WA-TA-PUSH, his x mark. L.a."
PY-AW-WAH-SAY, his x mark. L. s:
WAY-AICEI-KIEW, his x mark. 'L. s."
AY-OH-SHA, his x mark. L. a."
MO-SHA-HART. his x mark. L..'
Signe and sealed in presence of
BfrJa Hought, Indian Aqent.
TALBOT
SStaae PedCRUT, United Iterpreter.
TInt oto Kovw,
th resaiy to ommisseoner.
JoWN WIL,..

HeinOnline -- 11 Stat. 680 1837-1868


TREATY WITH THE MENOMONEES. FEB. 11, 1856. 681
M. O0ro SKOLLA.
H. L. MumR.
BENJAMIN RIZ.
JOHN WERDO KAP.
STEPHEN CANqMELD.
THOm.s HEATON.

And whereas the said treaty having been submitted to the Senate of
the United States for its constitutional action thereon, the Senate did, on
the eighteenth day of April, eighteen hundred and fifty-six, advise and
consent to the ratification of the same, by a resolution, in the words and
figures following, to wit:
IN ExzouTrv Sassox, SENAE ow T= UruEw STATES,
April 18, 1856.
Resoled, (two thirds of the Senators present concurring,) That the
Senate advise and consent to the ratification of the articles of agreement e
made and concluded at Keshena, State of Wisconsin, on the eleventh of A-eu tof Son-
February, eighteen hundred and fifty-six, between 'Francis Huebseh-
mann, commissioner on the part of the United States, and the Men'omonee
tribe of Indians, assembled in general council.
Attest: ASBURY DICKINS, Secretary.
Now, therefore, be'it known, that I, FRANKLIN PIERCE, Presi-
dent of the United States of America, do, in pursuance of the advice and
consent of the Senate, a# expressed in their resolution of the 18th day
of April, A. D. one thousand eight hundred and fifty-six, accept, ratify;
and confirm the said treaty.
In testimony whereof, I have caused the seal of the United States to
be hereto aixed, having signed the same with my hand.
Done at 'the city of Washington, this twenty-fourth day of April,
A. D. one thousand eight hundred and fifty-six, and of the in-
dependence of the United States, the eightieth.
FRANKLIN PIERCE.
By the President:
W. L MiAo. Scretary of Sate.

VOL. xL TRzAT.-89

HeinOnline -- 11 Stat. 681 1837-1868


HeinOnline -- 11 Stat. 682 1837-1868
TREATY WITH THE KINGDOM OF SIAM. 1kv 29, 1856.

newat bhww s Un M W Se a of Aviara and the Asgdom of Sam.


me/u~ed cat .angkok .May 29t 1858. .ta,-d.March 16th, 1857.
Batk =catffeZ at Banygkok Jim 1 , 1857. Pomd by
thO PraideW Of tO Vted &t Augst 16h, 1858.

BY THE PRESIDENT OF THE U1qITED STATES OF AMKBICA:

A PROCLAMATION.
WuAns a treaty between the United States of America and their Ma 2Y,1
Majesties the First King of Siam and the Second King of Siam was Pmb.
concluded and signed at Bangkok on the twenty-ninth day of May,
eighteen hundred and My-six, the English version of which treaty-
the original being in the English and Siamese languages-is word for
word as follows:

The President of the United States of America, and their Majesties Me'98*0t
Phra-Bard, Sqmdetcb, Phra-Paramendr, Maha, Mongkut, Phra, Chom,
Klan, Chan, Yu, Hun, the first King of Siam, and Phra, Bard, Somdeteh,
Phra, Pawarendr, Ramear, Mahiswaresr, Phra, Pin Klan, Chau, Yu,
Hua, the second King of Siam, desiring to establish upon firm and
lasting foundations the relations of peace and friendship existing between
the two countries, and to secure the best interest of. their respective citi-
zens and subjects by encouraging, facilitating, and regulating their industry
and trade, have resolved to conclude a treaty of amity and ommerce for
this purpose, and have therefore named as their Plenipotentiaries; that is
to say, the President of the United States, Townsend Harris, Esq., of New
York, Consul-General of the United States of America for the empire of
Japan, and their Majesties the first and second Kings of Siam, his royal
highness the Prince Krom Hluang, Wongsa, Dhiraj, Snidh, his excellency
Somdetch, Chau, Phaya, Param, Maha, Bii, Neate, his excellency Chau,
Phaya,. Sri, Suriwongse, Samuha, Plra, Knlahom, his excellency Chau,
Phaya, Rawe, Wongee, Maha, Kosa, Dhipade, the Phra Klang, his ex-
cellency Chan, Phay, Yomray, the lord mayor, who after having com-
municated to each other their respective full powers, and found them to
be in good and due form, have agreed upon and concluded the following
articles:
ARTiOLB I. There shall, henceforward, be perpetual peace and friend- Amity, &o.
ship between the United States and their Majesties the first and second
Kings of Siam and their successors.
All American citizens coming to Siam shall receive from the Siamese Mutaat aid to
government full protection and assistance to enable. them to reside in be rendered.
Siam in all security, qnd trade with every faility, free from oppression
or injury on the part of the Siamese. Inasmuch as Siam has no ships
trading to the ports of the United States, it is agreed that the ships-of-war
of the United States shall render friendly aid and assistance to such
Siamese vessels as they may meet on the high seas, so far as can be done
without a breach of neutrality; and all American consuls, residing at ports
visited by Siamese vessels, shall also give them such friendly aid as may
be permitted by the laws of the respective countries in which they reside.

HeinOnline -- 11 Stat. 683 1837-1868


684 TREATY WITH THE KINGDQM OF SIAX XiT 19, 1856.
American con- ARTICLE IM The interests of all American citizens coming to Siam
'a at Bagkok. shall be placed under the regulations and control of a consul, who will be
appointed to reside at Bangkok. He will himself conform to and will
Pead enOrce the observance by American citizens of all the provisions of this
treaty, and such of the former treaty, negotiated by Mr. Edmund Roberts,
Vol. vM p. 454. in 1838, as shall still remain in operation. He shall also give effect to
all rules and regulations as are now or may hereafter be enacted for the
government of American citizens in Siam, the conduct of their trade, and
ettement of or the prevention of violations of the laws of Siam. Any disputes arising
dispute, &o.. between American citizens and Siamese subjects shall be heard and de-
termined by the consul, in conjunction with the proper Siamese officers;
and criminal offences will be punished, in the case of American offenders,
by the consul, according to American laws, and in the case of Siamese
offenders *by their own laws, through the Siamese authorities. But the
consul shall not interfere in any matters referring solely to Siamese;
neither will the Siamese authorities interfere in questions which only con-
cern the citizens of the United Stateb.
Ofender8, &e., ARTICLE IM. Itf Siamese in the employ of American citizens offend
to be mutually
surrendered. against the laws of their country, or if any Siamese, having so offended,
or desiring to desert, take refuge with American citizens in Siam, they
shall be searched for, and, upon proof of their guilt or desertion, shall be
delivered up by the consul to the Siamese authorities. In like manner,
any American offenders, resident or trading in Siam, who may desert,
escape to, or hide themselves in Siamese territory, shall be apprehended
and delivered over to the American consul on his requisition.
eight to trad ARTICLE IV. American citizens are permitted to trade freely in all the
seaports of Siam, but may reside permanently only at Bangkok, or within
the limits assigned by this treaty.
and of
Residence
traders, American citizens coming to reside at Bangkok may rent land and buy
rits, and or build houses, but cannot purchase land within a circuit of two hundred
seng (not more than four miles English) from the city walls, until they
shall have lived in Siam for ten years, or shall obtain special authority
from the Siamese government to enable them to do so. But with the
exception of this limitation American residents in Siam may, at any time,
buy or rent houses, lands, or plantations situated anywhere within a dis-
tance of twenty-four hours' journey from the city of Bangkok, to be
computed by the rate at which boats of the country can travel. In order
to obtain possession .of such lands or houses it will be necessary that the
American citizen shall, in .the first place, make appication through the
consul to the proper Siamese officer, and the Siamese officer and the con-
sul, having satisfied themselves of the honest intentions of the applicant,
will assist him in settling, upon equitable terms, the amount of the pur-
chase money; will make out and fix the boundaries of the property, and
will convey, the same to the American purchaser under sealed deeds,
whereupon he sad his property shall be placed under the protection of
the governor of the district, and that of the particular local authorities.
He shall conform in ordinary matters to any just direction given him by
them, and will be subject to the same taxation that is levied on Siamese
subjects. But if, through negligence, the want of capital, or other cause,
an Americani citizen should fail to commence the cultivation or improve-
ments of the lands so acquired within a term of three years from the date
of- receiving possession thereof the Siamese government shall have the
power 6f resuming the property upon returning to the American citizen.
the p urhase-money paid by him for the same.
Freedom of ARTIOLE V. All American citizens visiting or residing in Sin s1hall
reliwo. be allowed the free exercise of their religion, and liberty to build places
consented to by the Siamese an-
of worship in such localities as shall be
Slaiese er- thorities. The Siamese government will place no restriction upon the
vants. employment by the Americans of Siamese subjects as servants, or in any

HeinOnline -- 11 Stat. 684 1837-1868


TREATY WITH THE KINGDOM OF SIAM. MAY 29, 1856. 685
other capacity. But wherever a Siamese subject belongs or owes ser-
vice to some particular master, the servant who engages himself to an
American citizen without the consent of his master may be reclaimed by
him, and the Siamese government will not enforce an agreement between
an American citizen and any Siamese in his employ, unless me4e with
the knowledge and consent of the master who has a right to dispose of the
services of the person engaged.
A tTIcL V. American ships-of-war may enter the river and anchor Rtgts,an &. of
at Paknam; but they shall not proceed above Paknam unless with the AioU tO
"
ships-
consent of the Siamese authorities, which shall be given where it is neees- "
sary that a ship shall go into dock for repairs. Any American ship-of-
war conveying to Siam a public.functionary, accredited by the American
government to the Court of Bangkok, shall be allowed to come up to
Bangkok, but shall not p;ass the forts called Phrachamit and Pit-pach-
nuck, unless expressly permitted to do so by the Siamese government.
But, in the absence of an American ship-of-war, the Siamese authorities Siamese to aid
engage to furnish the consul with 9,force sufficient to enable him to gvWe Aoerican
when,
con-
effect to his authority over American citizens, and to enforce discipline .-
among American shipping.
AnTIxLz VII. The measurement duty hitherto paid by American yes- American ship-
sels trading to Bangkok under the treaty of 1888 shall be abolished from t& &. s
the date of this treaty coming into operation, and American shipping or port and export
trade will thenceforth only be subject to the payment of import and ex- iuties, &a.
port duties on the goods landed or shipped.
On the articles of import the duty shall be three per cent., payable, at Rate of hmpott
the option of the importer, either in kind or money, calculated upon the dutY.
market value of the goods. Drawback of the full amount of duty shall Drawback.
be allowed upon goods found unsaleable and regxported.. Should. the
American merchant and the custom-house officers disagree as to the
value to be set up)on imported articles, such disputes shall be referred
to the consul and a proper Siamese officer, who shall each have the Disasreemnnt
power to call in an equal number of merchants as assessors, decision.
not exceedin pora e
two on either side, to assist them in coming to an equitable
Opium may be imported free of duty, but can only be sold to the opium Opium to be
farmer or his agents. In the event of no arrangement being effected with free
them for the sale of the'opium, it shall be reexported, and no impost or duty Sale, e.
[shall be] levied thereon. Any infringement of this regulation shall subject
the opium td seizure and confiscation.
Articles of export, from the time of production to the date of shipment, Exports.
shall pay one impost only, whether this be levied under the name of in-
land tax, transit duty, or duty on exportation. The tax or duty to be
paid on each article 'f-Siamese produce previous to or upon exportation
is specified in the tariff attached to this treaty; and it is distinctly agreed
that goods or produce that pay any description of tax in the interior shall
be exempted from any further payment of duty on exportation. Ameri-
can merchant are to be allowed to purchase directly from the producer Bight to par-
the articles in which they trade; and in like manner to sell their goods chase and sel.
directly to the parties wishing to purchase the same without the inter-
ference in either case of any other person.
The rates of duty aid down in the tariff attached to this treaty are Eates of duty
those that are now paid upon goods or produce shipped in Siamese or
Chinese vessels or junks; and it is agreed, that American shipping shall ege of
enjoy all the privileges now exercised by, or which hereafter may be ping.
granted to, Siamese or Chinese vessels or junks.
American citizens will be allowed to build ships in Siam on obtaining Americans
permission to do so from the Siamese authoritiem u si
Whenever a scarcity may be apprehended of salt, rice, and fish, the xprtati--on
of
Siamese government reserve to themselves the right of prohibiting by salt, rice, and lsh
public proclamation the exportation of these artiles, giving 80 days, (say ye p
thirty days) notice, except in case of war.

HeinOnline -- 11 Stat. 685 1837-1868


686 TREATY WITH THE KINGDOM OF SIAM. Ax- 29, 156.
rtiu f" of Bullion or peesonal effiets may be imported or exported free of charge.
duty. ARTICLE VIII. The code of regulations appended to this treaty shall
nowreod be enforced by the consul, with the codperation of the Siamese authorities;
and they, the said authorities and consul, shall be enabled ,to introduce
any further regulations which may be found necessary in order to give
effect to the objects of this treaty.
Fines sad pen- All fines and penalties inflicted for infraction of the provisions and
altte& regulations of this treaty shall be paid to the Siamese government.
Privnege;, &. ARTICLB IX. The American government and its citizens will be al-
of most favoed lowed free and equal participation in any privileges that may have been
or may bereafter be granted by the Siamese government to the govern-
ment, citizens, or subjects of any other nation.
This ft ARTICLE X. After the lapse of ten years from the date of the ratifica.
m be r'5%ed tion of this treaty, upon the desire of either the American or Siamese
in 0Yeas. government, and on twelve months' notice given by either party, the
present, and such portions of the treaty of 188 as remain unrevoked by
t treaty, together with the tariff and regulations thereunto annexed, or
those that may hereafter be introduced, shall be subject to revision by
commissioners appointed on both sides for this purpose, who will be em-
powered to decide on and insert therein such amendments as experience
shall prove to be desirable.
Whe.ad
efteet take ;nAICLE XL This treaty, executed in English and Siamese, both ver-
6o rntt-
oatiot be x- sions having the same meaning and intention, shall take effect imme-
chage& - diately, and the ratifications of the same shall be exchanged at Bangkok
within eighteen months from the date thereof.
A
S~gn, y In witness whereof, the above-named Plenipotentiaries have signed
and sealed the present treaty in triplicate at Bangkok, on the twenty-
ninth day of 4fay, in the year one thousand eight hundred and fifty-six
of the Christian era, and of the Independence of the United States the
eightieth, corresponding to the tenth of the waning moon of the lunar
month, Wesakh, or sixth month of the year of the Quadruped Serpent of
the Siamese civil era, one thousand two hundred and eighteen, and the

E
sixth of the reign of their Maesties the first and second Kings of Siam.
L.S.]
[L. 5
[.5.]
TOWNSEND HARRIS,
[ &I
L. . [L. &Px.
.

General R4#u~aiom under wh"c Ansericman 1aies go he oonducte in

Reations of RaGuLATXoI L The master of every American ship coming to Bang-


tmd ° kok to trade, must, either before or after entering the river, as may be
Aivvls of o. found convenient, report the arrival of his vessel at the custom-house at
beror t Paknam, together with the number of his crew and guns, and the port.
from whence he comes. Upon anchoring his vessel at Paknam he will
deliver into the custody of the custom-house officers all his guns and am-
munition, and a custom-house officer will then be appointed to the vessel,
and will proceed in her to Bangkok.
Penalty for RaGuLATION MI A vessel passing Paknam without discharging her
violation, guns and ammunition, as directed m the foregoing regulation, will be
sent back to Paknam, to comply with its provisions, and will be fined
eight hundred ticals for having so disobeyed. After delivery of her guns
and ammunition she will, be permitted to return to Bangkok'to trade.
Vessel's papers, ReGuLATIxo III. When an American vessel shall have cast anchor
&o.to deeos-
ited with =osui at Bangkok, the master, unless a Sunday should intervene, will, within
four-and-twenty hours after arrival, proceed to the American consulate
and deposit there his ship's papers, bills of lading, &e, together with a
true manifest of his import cargo; and upon the consul's reporting these

0 S gntures of Siamese Plenipotentties.

HeinOnline -- 11 Stat. 686 1837-1868


TREATY WITH THE KNGDOM QF S-&-M:- 3fr 3, 1806 t87
particulars to the custom-house, permission to brWk bulk will at once be
given by the latter.
For neglecting so to report his arrival, or for presenting a false vandi. Penalty fa
feet, the master will subject himself, in each instance, to a pethslty of fOUr negro es"
hundred ticals; but he will be allowed to correct, within twenty-tour hours
after delivery of it to the consul, any mistake he may discover in his
manifest, without incurring the above-mentioned penalty.
RzutLATIOr IV. An American vessel breaking bulk and commefoing Penalty for
to discharge before due permission shall be obtaied, or smuggling, either smuw&g,
when in the river or outside the bar, shall be subject to the penalty of
eight hundred ticals, and confiscation of the goods so smuggled or dis-
charged.
RzvLAToN V. As soon as an American vessel shall have discharged Oleruc of
her cargo, and completed her outward lading, paid all her duties, and de-v
livered a true manifest of her outward cargo to the American consul, a
Siamese port clearance shall be granted her, on application from the con-
sul, who, in the absence of any legal impediment to her departure, will
then return to the master his ship's papers, and allow the vessel to leave..
A custom-house officer will accompany the vessel to Paknam# and on. ar-
riving there she will be inspected by the eustom-house officers of- tha
station, and will receive from them the guns and ammunition previously
delivered into their charge.
REGULATzON V'L The Ameriean plenipotentiary having no knowledge The S h
of the Siamese language, the Siamese government have agreed that the atet o e
English text of these regulations, together with the treaty of which they taken to be the
form a portion, and the tariff hereunto annexed, shall be accepted as con- true one.
veying, in every respect, their true meaning and intention. -
RGULATION VI. All American citizens intending to reside in Siam A et oltt-
ze Intend1- to
shall be registered at the American consulate; they shall not go out to .Ad. . 2 to
sea nor proceed beyond the limits assigned by the treaty for the residence be reswered, &o
of American citizens without a passport from the Siamese authorities, to ob .... n
Siam if the
be applied for by the American consul; nor shall they leave
Siamese authorities show to the American gousul that legitimate objec-
tions exist to their quitting the country. But within the limits appointed
under Article IV., of the treaty, American citizens are at liberty to travel
to and fro, under the protection of a pass to be furnished them by the
American consul, and counter-sealed by the proper Siamese officer, stat-
ing in the Siamese character their names, calling, and description. The
Siamese officers at the government stations in the interior may.at any
time call for the production of this pass; and immediately on its being
exhibited they must allow the parties to proceed; but it will be their duty
to detain those persons who, by travelling without a pass from the consul,
render themselves liable to the suspicion of their being deserters, and such
detention shall be immediately reported to the consuL
. 3 TOWNSEND HABR[S.

Tanyof Mport and Mnand Dutie to he levied on Artices f 2W~a& Tariff of dutie.
SCTzoN L- The unaermentioned .articles shall be entirely free fiom Ad es ayilng
inland or other taxea on production or transit, and shall pay export duty ezpkofduatYl7y.
as'follows:
Run.
21aL Eabing. PROWg.
1.vory...................10 0 0 0 per POcL Export duty.
2.Giaoem e................ 8 0 0 0 do
8. Rhinoceros'horns............ 50 0 0 0 do.
* ftgatures of Sksnue P1.nlpotenflarlea.

HeinOnline -- 11 Stat. 687 1837-1868


TREATY WITH THE KINGDOM OF SIAM. MX& 29, 1856
WaLSaung. Famg. Run.
4. Cardamums, best....t..... 14 0 0 per pecuL
5. Cardamumaj bastard ......... 6 0 0 do.
6. Dried mussels. .............. 1 0 0 do.
7. Pelicans' quills .............. 2 2 0 do.
& Betel nut, dried ............. 1 0 0 do.
,9. Kraehi wood ............... 0 2 0 do.
10. Sharks' fine, white ............ 6 0 0 do.
1. Sharks' fins, black.: ......... 8 0 0 do.
12. Lukkrabau seed ............. 0 2- 0 do.
18. Peacocks' tails .............. 10 0 0 per 100 tails.
14. Buffalo iad cow bones ........ 0 0 8 per pecul.
.15. Rhinoceros' hides ............ 0 2 0 do
16. Hide cuttings ............... 0 1 0 do.
17. Turtle shells ................ 1 0 0 do.
18. Soft shells .................. 1 0 0 do.
19. Beche de wer .............. 8 0 0 do.
20. Fish maws ................. 8 0 0 do.
21. Birds' nests, uncleaned...... 20 per et.
22. Kingfishers' feathers ......... 6 0 0 per 100.
28. Catch ..................... 0 2 0 per pecul.
24. Beyehe seed, [nux vomiea]... 0 2 0 do.
25. Pungtarai seed ............. 0 2 0 do.
26. Gum Benjamin ............. 4 0 0 do.
27. Angra bark ................ 0 2 0 do.
28. Agilla wood ............... 2 0 0 do.
29. Ray skins .................. 8 0 0 do.
80. Old dee' horns ............. 0 1 0 do.
81. Soft or young horns .......... 10 per et.
'82. Deer hides, fine,...'. ....... 8 0 0 per 100 hides.
88. Deer hides, common ......... 8 0 0 do.
84. Deer sinews ................ 4 0 0 per pecuL
.85. Bufalo and cow hides ........ 1 0 0 do.
86. Elephants' bones ............ 1 0 0 do.
87. Tigera' bones ............... 5 0 0 do.
88. Buffalo horns............... 0 1 0 do.
8. Eephants' .hides. ........... 0 1 0 do.
40. Tigers' skins ............... 0 1 0 per skin.
.41. Armadillo skins ................ 4 0 0 per pecul.
42. Stick laek .................. 1 1 0 do.
48. Hemp ..................... 1 2 0 do.
44. Dried fish, flaheng........... 1 2 0 do.
45. Dried fish, plasalit ........... 1 0 0 do.
46. Sapan wood ................ 0 2 0 do.
47. Salt meat .................. 2. 0 0 do.
48. Mangrove bark ............. 0 1 0 do.
49. Rosewood.................. 0 2 0 do.
50. Ebony ..................... 1 1 0 do.
51. Rice ............ *.......... 4 0 0 per royan.

Art01e paing SOTION IL The undermentioned articles, being subject to the inland
or transit duties herein named, and which shall not be increased, shall be
Only. exempt from export duty.

faL Sau"g 1-g. Run


h0 dty. 52. Sugar, white ................ 2. 0 0 0 per peeuL
58. Sugar, red ................ 0 1 0 0 do.
54. Cotton, cleaned and uncleaned.10 per cent.
55. Pepper .................... 1 0 0 0 per peeu.

HeinOnline -- 11 Stat. 688 1837-1868


TREATY WITH THE KINGDOM OF SLAXL MAY 29, 1856. 680
Tka. luag. luaa. Bun.
56. Salt fish, platu .............. 1 0 0 0 per 10,000 flsh.
57. Beans and pea ............................. one twelfth.
58. Dried prawns ............................... do.
59. Tilseed .................................... do.
60. Silk, raw ............................... ... do.
61. Beeswax .................... .one fifteenth.
62. Tallow .................... 1 0 0 0 per pecul.
63. Salt ..................... 6 0 0 0 per royan.
64. Tobacco .................. 1 2 0 0 per 1,000 bundles.
Unemmerted
SC'TION UT. All goods or produce unenumerated in this tarff shall articles to be fm~
e free of export duty, and shall only be subject to one inland tax or of duty.
transit duty, not exceeding the rate now paid.
,. s.] TOWNSEND HARRIS.
L. s.][ L. a.] [L- 8.) IL.-S.
And whereas the said treaty has been duly ratified on both parts, and Exchange of
the respective ratifications of the same were exchanged at Bangkok, on reation.
........
the fifteenth day of June, eighteen hundred and fifty-seven, by CHARLES
WTLLIAX BRADL Y, Consul of the United States at Ningpo, in China,
and the royal' Siamese Commissioners, on the part of their respective
governments.

Now, therefore, be it known that T JAMES BUCHANAN, President Proclimed


of the United States of America, have caused the said treaty to be made Aug. 16 18.
public, to the end that the same and-every clause and article thereof may
be observed and fulfilled with good faith by the United States and the
citizens thereof
In witness whereof I have hereunto set my hand and caused the seal
of the United States to be affixed.

Done at the city of Wasfiington, this sixteenth day of August,


[L. s.] in the year of our Lord one thousand eight hundred and
fifty.eight, and of -the Independence of the United States of
America the eighty-third.
JAMES BUCHANAN.
By the President:
LEWIS CSS, S&uwet of &at&
* Signatures of Siamese Pleaipotentlaries.

VOL. Xl. TKzATo,9O

HeinOnline -- 11 Stat. 689 1837-1868


HeinOnline -- 11 Stat. 690 1837-1868
TREATY WITH AUSTRIA. Juvr 8, 1856.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.
WHEREAS, a convention between the United States of America, and July s, luG.
his Majesty the Emperor of Austria was concluded and signed by their
respective plenipotentiaries, at Wasbington,-on the third day of July last,
which convention, being in theFAnglish and -German languages, is word
for word, as follows:

Convention for the mutual delivery Yertrag zwischen Oesterreich einer- Title.
of criminals, fugitives from jus- seits und den Vereinigten Staaten
tice, in certain cases, concluded andererseits, wegen der in gewis-
between the United States, on sen Fallen 90 geiahrenden Aus-
the one part, and Austria, on the lieferung der vor der Justiz fluch-
other part. tigen Verbrecher.
Whereas it is found expedient, Da es behufs besserer Verwal- Preamble.
for the better administration of jus- tuni der Bechtsplege und zur
tice and the prevention of crime Verhutung von Verbrechea inner-
within the territories and jurisdio- balb.des Gebietes und der Gerichts-
tion of the parties, respectively, that barkeit der contrahirenden Theile
persons committing certain heinous zweckmassig befunden worden ist,
crimes, being fugitives from justice, dam Individuen, welche gewisse
should, under certain circumstances, schwere Verbrechen begehen und
be reciproally delivered .up, and vor der Justiz fluchtig gewordea
also to enumerate such crimes ex- sind mter Umatanden gegenseitig
plicitly; and whereas the laws of ausgeliefert werden, auch dass die
Austria forbid the surrender of betrefenden Verbrechen namentlich
its own citizens to a foreign juris- aufgezehlt werden; und da die Ge.
diction, the government of the Uni- setze Oesterrehs nicht geatatten,
ted States, with a view of making die eigenen Unterthanen einer aus-
the convention strictly reciprocal, wartigen Jurisdiction zu uberliefern,
shall beheld equally free from any also die Regierung der Vereinigten
obligation to surrender citizens of Staaten mit Rucksicht darauf, dam
the United States: therefore, on the der Vertrag unter strenger Recipro-
one part, the United States of Amer- citat feseldosen wird gleleherweise
ica, and on the other part, his Maj- v~n jeder Verpfilchtung frei sein
esty the Emperor of Austria, hav- soil, burger der Vereinigtmn Staaten
ing resolved to treat on this subject, auszuliefern so baben einerseits die
have, for that purpose, appointed Vereinigten Staaten von Nord
their respective plenipotentiaries to Amerika, und aundererseits der Kai-
negotiate and conclude a conven- ser von Oestorreich beaeossen uber
tion; that is to say, the President diesen Gegenstand zu" verhandeln
of the United States, William L. and in diesem Behufe ihre reipeo- Negotiators
Marcy, Secretary of State, and his tiven Bevollmachtigten ernanot, am
Majesty the Emperor of Austria, eine Uebereinkunft u verhandela
John George Chevalier de Hiilse- und abzuschliessen namlich: Der
mann, his said Majesty's minister Prasident den Staats4ecretar 'Wil-
resident near the government of the liam L. Marcy, und Seine Mejestat
United States, who, after reciprocal der Kaiser von Oesterch Aller-
communication of their respective hochst 1en Mnister Residenten

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TREATY WITH AUSTRLL JuLi 8, 1856.
powers, have agreed to and signed bei der Regierung der Vereinigten
the following articles: Staaten Johann Georg Ritter von
Hulsemann, welche naeh gegensel-
tiger Mittheilung ihrer respectiven
Vollmachten die folgende artikel ve-
reinbart und unterzeichnet haben:

ARTICLE L ARTIKEL L

Provision for It is agreed that the United States Man ist dahin ubereingekommen
ectradition of and Austria shall, upon mutual re- dass die Vereinigten Staaten und
quisitions by them or their ministers, Oesterreich auf gegenseitige requi-
officers, or authorities, respectively sitionen, welhe respective sic selbst
made, deliver up to justice All per- oder ihre Gesandten, Beamten, oder
sons who, being charged with the Behorden erlassen, alle Individuen
crime of murder, or assault with in- der Justiz ausliem sollen, welche
tent to commit murder, or piracy, or beschuldigt dnas Verbrechen des
arson, or robbery, or forgery, or the Mordes, oder sines Angrifts in mor-
fibrication or circulation of counter- derischer Absicht, oder des Seeraubs,
feit money, whether coin or paper oder der Brandstiftung, Qder des
money, or the embezzlement of Raubes, oder der Falschung, oder
public moneys, committed within der Verfertigung oder Verbreitung
the jurisdiction of either party, shall falsehen Geldes, sie es gemuntztes
seek an asylum or shall be found oder papier Geld, oder des Defects,
within the territories of the other: oder der Unterschlagung offentlicher
Evidence. Provided That this shall only be. Gelder, innerhalb der Gerichtsbar-
done upon such evidence of crimi- 1'keit eines der beiden Theile began-
nality as, according to the laws of igen zu haben, im Gebiete des an-
the place where the fugitive or per- Idern Theils eine Zuflucht suchen,
son so charged shall be found, would oder dort .aufgefunden werden : mit
justify his apprehension and com- der*Beschrankung jedoch dass dies
mitment for trial if the crime or Inur auf solche Beweise fur die
offence had there been committed; Strafbarkeit geschehen soil, welche
and the respective judges and other nach den Gesetzen des Orts, wo der
magistrates of the two governments Fluchtling oder das so beschuldigte
shall have power, jurisdiction, and Individuum aufgefumden wird, des-
authority, upon complaint made un- sen Verhaftung und Stellung vor
der oath, to issue a warrant for the Gericht rechtfertigen wurden, wena
apprehension of the fugitive or per- das Verbrechen oder Vergehen dort
son so charged, that he may be begangen ware; und die respectiven
brought before such judges or other Richter und andere Behorden der
magistrates, respectively, to the end beiden Regierungen sollen Macht,
that the evidence of criminality may Befugniss und Autoritat haben, auf
be heard and considered; and if, eidlich erhartete A4gabe einen Be-
on such hearing, the evidence be fehl zur Verhaftung des Fluchtlings
deemed sufficient to sustain the oder so beschuldigten Individuums
charge, it shall be the duty of the zu erlassen, damit er -vor die ga-
examining judge or magistrate to dachten Richter oder andern -Behor-
certify the same to the proper ex- den zu dem Zwecke gestellt werde,
ecutive authority, that a warrant dass der Beweis fur die Straf bar-
may issue for the surrender of such keit gehort und in Erwigung gezo-
Ripesse. fugitive. The expense of such ap- gen werde; und wen bei dieter
prehension and delivery shall be Vernehmung der Beweis fur aus-
bdrne and defrayed by the party reichend zr aufrechthaltung der
who makes the requisition and re- Beschuldigung erkanut wird, so
Not to apply ceives the fugitive. The provisions soll es die Pflicht des prufenden
peYea of the present convention shall not Richters, oder der Behorde sen sel-
feees. be. applied, in any manner, to the i bigen fur die betreffende executive
crimes enumerate in the first arti- ' Behorde festsustelen, damit sin

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TREATY WITH AUSTRIA.. JULx 8, 1856.
ole committed anterior to the date Befell zur Auslieferung eines sol.
thereof, nor to any crime or offence chen Fluchtlings erlassen werden
of a political character. kone. Die Kosten einer solchen
Verhaftung und Auslieferung sollen
von dem Theil getragen and erstat-
tet werden, welcher die Requisition
erlastt und den Fluchtling in *m-
pfang nimmt. Die Bestimmungen
der gegenwartigen convention sollen
in keiner Weise auf die in diesem I
artikel aufgezahlten jedoch noch
vor den Datum der Convention
begangenen Verbrechen, und ebenso
wenig auf. politische Verbreohen
ibre anwendung flnden.
ARTICLE Ir. ARTIKEL IL

Neither of the contracting parties Keiner der contrahirenden Theile lNot to apply to
shall be bound to deliver up its own sol gehalten sein, in Gemassheit eltisens,
citizens or subjects under the stipu- der Bestimmungen dieser Ueberein-
lations of this convention. kunft seine eigenen Burger oder
Unterthanen anszuliefern.
ARTICLE M. ARTIKEL IIL

Whenever any person accused of Wenn ein Individuum, da elues Pero l e


any of the crimes enumerated in der in Dieser Uebereinkunft aufge- tomay be retained
answer for Of-
this convention shall have committed zahiten Verbrehen ngelagt 1st, fences in the
a new crime in the territories of the en neues Verbrechen in dem Ge. countrx where he
State where he has sought an asy- biete des Staates begangen haben i founi.
lum, or shall be found, such person sollte, wo er nine Zuflucht .gesucht
shall not be delivered up, under the bat oder aufgefunden wird, so soil
stipulations of this convention, until ein solches Individuum nicht eher
ho shall have been tried and shall in Gemassheit der Bestimmungen
have received the punishment due dieser Uebereinkunft ausgeliefert
to such new crime, or shall haye werden, als bis dasselbe ver Gericht
been acquitted thereof. gestellt worden sein, und die auf ein
solhes neues Verbrechen gesetste
Strafe erlitten haben, oder frege-
sprochen sein wird.

ARTICLE IV. ARTIKZL IV.

The present convention shall con- Die gegenwartige Ueberehnkunft Duration of


tinue in force until the first of Jan- soll bis zum ersten Januar Ein tau- treaty
uary, eighteen hundred and fifty- send acht hundert und aeht und
eight; and if neither party shall funfaig in Kraft bleiben, und wenn
have given to the other six months' kein Theil dem, Andern seeha Me-
previous -notice of its intention then nate vorher Mittheilung von seiner
to terminate the same, it shall fur- Absicht macht dieselbd dann auftr.
ther remain in force until the end heben, so soil sic ferner in Kraft
of twelve months after either of the bleiben bis zu' dem Ablauf von.
high contracting parties shall have zwolf Monaten naclidem einer der
given notice to the other of such hohen contrahirenden Theile den,
intention; each of the high con- Andern von einer solchen Absicht
tracting parties reserving to itself Kenntniss gegeben, wobei jeder der
the right of giving such notice to hohen contrahirenden Theile sich
the other at any time after the ax- das Beeht vorbehuit dem Andern

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694 TREATY WITH AUSTRIA. JuLy 8, 1856.
piration of the said first day of Jan- I eine solche Mittheilung zu jeder
uary, eighteen hundred and fifty- Zeit nach dem Ablauf des gedach-
eight. ten ersten Januar Ein tausend acht
hundert und acht nd funfzig zuge-
hen zu lassen.
ARTIOLE V. A•TIKEL V.

BatfcaIons. The present convention shall be Die gegenwartige Uebereinkunft


ratified by the President, by and soll ratificirt werden von dem Prasi-
with the advice and consent of the denten unter und mit der Genehmi-
Senate of the United States, and by gung und Zustimmung des Senates
his Majesty the Emperor of Aus- der Vereinigten Stuaten und von
tria, and the ratifications shall be Seiner Majestat dem Kaiser von
exchanged at Washington within six Oesterreich, und die Ratificatilonen
months from the date hereof, or sollen zu Washington innerhalb
sooner if possible. sechs Monaten von dem h~utigen
datum, oder wo moglich frnher, aus-
gewechselt werden.
In faith whereof, the respective Zu Urkund dessen haben wir, die
plenipotentiaries have signed this respectiven Revollmachtigten, diese
convention and have hereunto affixed Uebereinkunft unterzeichnet und
their seals. unsere Siegel beigedruckt.
Done in duplicate,, at Washing- In zweifacher Ausfertigung ges-
ton, the third day of July, in the chehen zu Washington den dritten
Date. year of our Lord one thousand eight Juli En tausend acht hundert und
hundred and fifty-six, and of the sechs und funfzig im aehtigaten
independence of the United States Jahre der Unabhangigkeit der Ve-
the eightieth. reinigten Staaten...
W. L. MARCY.
HULSEMANN.
Fxchange of And whereas the said convention has been duly ratified on both parts,
ratifications. and the respective ratifications of the same were exchanged in the city of
Washington on the 18th instant, by William L. Marcy, Secretary of State
of the United States, and the Chevalier Hiflsemann, his Austrian Majes-
ty's minister resident in the United States, on.the part of their respective
governments:
Now, therefore, be it known, that I, FRANKLIN PIERCE, Presi-
dent of the United States of America, have caused the said eonvemtion to
be made publi, to the end that the same, and evey clause and article
thereof, may be observed and fulfilled with good ftith by the United
States and the citizens thereof.
In witness whereof, I have hereunto set my hnmd, and caused the seal
of the United States to be affixed.
Done in the city of Washington, this fifteenth day of December,
in the year of our Lord one thousand eight hundied and %ifty-
[L. a.] six, and of the independence of the United States the eighty-
first.
FRANKLINT PIERCE..
By the President:
W. L. MXAOy, &or" of ats.

HeinOnline -- 11 Stat. 694 1837-1868


CONVENTION WITH PERU. JrLr22, 1856.

TREATIES.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.
WERtEAS a convention, between.the United States of America and the July 22, 1856.
Republic of Peru, was concluded and signed by their respective plenipo-
tentiaries, at Lima, on the twenty-second day of July, one thousand eight
hundred and fifty-six; which convention, being in the English and Spanish
langtages, is, word for word, as follows:
The United States of America IA Repdblica del Perd y los Es-
L Preftmble
and the Republic of Peru, in order ,tados Unidos de Am6rca, i fin de
to render still move intimate their estrechar mas y mas cada dia sus
relations of friendship and good un- cordiales relaciones de amistad y
derstanding, and desiring, for the buena inteligencia, y deseando, en
benefit of their respective commerce bien de an comereio respectivo y del
an3 that of other nations, to establish de todas las naciones, contribuir i
an uniform system of maritime leg- que sea una sola, como lo exige ]a
islation in time of war, in accordance actual civilizaion la legislacion mar-
with the present state of civilization, itima universal en tiempo dq guerra,
have resolved to declare, by means ban resuelto consignar en una con-
of a formal convention, the princi- vencion especial, los priacipios en
ples which the two republics acA que las, dos republicas fundan los
knowledge as the basis of the rights derechos de los neutrales en la mar,
of neutrals at sea, and which they y que ambas reconocen y profesan
recognize and profess as permanent como permanentes 6 inmutables,
and immutable, considera dolos absolutamente nece-
the true and indispensable conditions sarios par Is verdadera libertad de
ofall freedom fnavigationandman- Ia navigacion y de todo oomercio y
time commerce and trade. trihco maritimo.
For this purpose, the President Con talobjeto el Libertador Presi- NeoR tom
of the United States of America has dente de Is Reptiblica del Perd ha
conferred ftull powers on John Ran- eonferido plenos poderes A Don Jos6
dolph Clay, their envoy extraordi- Maria Seguin, Ofieial Mayor del
nary and minister plenipotentiary to Ministerio de Belaciones Exteriores,
the government of Peru; and the eneargado de su despacho; y el
Liberator President of the republic Presidente debs Estados Unidos de
of Peru has conferred like full powers Amnrica ha eonferido iguale plenos
on Don Josd Maria Segn, chief poderes t Don Juan Randolfo Clay,
officer of the Ministry of Foreign Enviado Extraordinario y Ministro
Affairs, in charge of that department, Plenipoteneiario de los referidos
who, after having exchanged their Estados eerca del gobiernodel Perd;
said full powers, found to be in good quienes despues de haber canjeado
and due form, have agreed upon and sus dichos plenos poderes, que hal-
concluded the following articles: laron en buena y debida forma, han
convenido ou los aitieulos siguientes:

ARTICLZ L ARTICLO fo.

The two high contracting parties Las dos altas partes contratantes
recognize as permanent and immuta- reconocen como pemanentes 6 in- Deolaration of
ble the following principles: mutables los siguientes principios: principles as to

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CONVENT[ON WITH PERU. JuLr22, 1856.
righfts onfe- 1st. That free ships make free 10. Los buqubs libres haeen libres
tWS at ,e goods-that is to say, that the effects las mereaderias; es decir, que los
or merchandise belonging to a power efectos 6 mereader!a pertenecientes
or nation at war, or to its citizens or Auna potencia 6 nacion que se halla
subjects, are free from capture and en guerra con otra, 6 A sus ciuda-
confiscation when found on board of danes 6 sdbditos, estan libres de
neutral vessels, with the exception pres 6 confiseacion si se eneueu-
of articles contraband of war. tran i bordo de buques neutrales,
con excepcion do los articulos de
contrabando de guerra.
2d. That the property of neutrals 20. Que las propiedades neutrales.
on board of an enemy's vessel is not 6. bordo de un buque enenigo no
subject to detention or confiscation, estan sujetas 4 detencion 6 conisca-
unless the same be contraband of cion, salvo quo sean contrabando de
war; it being also understood that, guerra; entendiendose que, en cuan-
as far as regards the two contracting to 4 las dos partes contratantes no
parties, warlike articles, destined for se considerari tal contrabando de
the use of either of them, shall not guerra los articulos b6lios destina-
be considered as contraband of war., dos al uso y servicio de Wda una de
ellas.
The two high contracting parties Las dos altas partes contratantes
engage to apply these principles to se comprometen A aplicar los ante-
the commerce and. navigation of all riores prinoipios do comereo y nave-
Powers and States as shall consent gacion A tdas las Potencias y Esta-
to adopt them as permanent and im- dos que consientan en adoptarlos
mutable. como permanentes 6 inmutables.

ARTIOLE IM ARTIOULO 1r.

Article nd of It is hereby agreed between the ge tonviene asi mismo por las dos
two high contracting parties, that altas partes contratantes en que las
f81 it is oppo.- the provisions contained' in article estipulaciones contenidas-en el arti-
rhe, twenty-sebond of the treaty conclud- culo veintidos del tratado coiieluido
VoL x. p. 98. ed between them at Lima, on the entre ellas en Lima 1 veintiseis de
twenty-sixth day of July, one thou- Julio delailomilochocientos cincuen-
sand eight hundred and fifty-one, are ta y uno, quedan anuladas y revp-
hereby annulled and revoked, in so cadas en cuanto se opongan 6 sen
far as they militate against, or are contrarias Alas estipulaciones con-
contraryto, thestipuations contained tenidas en esta convencion. Pero
in this convention; but nothing in que las estipulaciones do Ia presente
the present convention shall, in any oonvencion, no .afeetan 6 invalidan
manner, affect or invalidate the stipu- de ninguxa manem las estipula-
lations contained in the other arti- clones contenidas-en los demas anti-
cles of the said treaty of the twenty- eulos del dicho tratado del veintiseis
sixth of July, one thousand eight de Julio del aflo VAiohocientos cin-
hundred and fifty-one, which shall cuenta y uno, las cuales subpistican
remain in their full fore and effect. en todo an valor y efecto.

AxTomCL m. ATXCUL) M.

Appuestton of The two high contracting parties Las dos aras partes contratantes
'nclple
rst of the reserve to themselves to come to" an
iclehee so reset'van entrar en ulterinres
of may be here. ulterior understanding, as circum- acuerdos, silas Oircunstancias lo exi-
ait co-siderad, stances may require, with regard to jieren, acerca de I laplieaciony ex-
the application and extension to be tension que deba darsecaso detaber
given, if there be any cause for it, to razon -para ello' tos .principios es
the principles laid down in the first tableceidos en el articrlo primero.

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CONVENTION WITH PERU. JULy 2% 1856.
article. But they declare, from this Pero declaran desde ahora, que to-
time, that they will take the stipula- maran por regla las estipulaciones
tions contained in the said article as contenidas en dicho articulo, siempre
a rule, whenever it shall become a que lee sea necesario decidir en
question, to judge of the.rights of cuestiones sobre derechos de neu
neutrality tralidad.

ARTICLE TV. ARTICULO IW.


°

It is agreed between the two high Be conviene por las dos altas par- mgto tese rues
contracting parties that all nations tea contratantes en que todas las na- ahll enoy the
which shall consent to accede to the clones que cosientan en aeceder A restng rights
rules of the first article of this con- las reglas del articulo p'mero de
vention by a formal declaration, esta convencion, mediante una de-
stipulating to observe them, shall claracion formal, estipulando que las
enjoy the rights resulting from such observaran, gozaran de los derechos
accession as they shall be enjoyed de tal accecion, del mlsmo modo que
and observed by the two parties seran gozados y observados por las
signing this convention; they shall dos partes qua firman esta conven-
communicate to each other the result eion; las cuales se eomunicaran el
of the steps which may be taken on resultado 'de las medidas que sobre
the subject. el particular adoptaren.

ARTIOLE V. ARTICULO V9.

The present convention shall be La presente convencion sera apro- Ratifieation.


approved and ratified by the Presi- bada y ratificada por el Presidents
dent of the United States ofAmerica, de la reptiblica del Pern eon autori-
by and with the advice and consent zacion del cuerpo legislativo, y por
of the Senate of said States, and by el Presidente de los Estados Unidos
the President of the republic of de Amdrica, eon el parecer y aeuerdo
Peru,'with the authorization of the del Senado de los dichos Estados, y
legislative body of Peru, and the las ratificaciones seran canjeadas en
ratifications shall be exchanged at Washington los dies y echo meses
Washington within eighteen months contados deade la fee ha e que ha
from the date ofthe signature hereof, sido flrmada, 6 antes si fuere posi-
or sooner, if possible. ble.
In faith whereof, the plenipoten- Signture
En f6 de lo auaI los Plenipptea-
tiaries of the United States of Amer- eiarios de la Republiea del Pent y
ica and the republic of Peru have de los Estados Unidos de Amdrica
signed and sealed these presents. han firmado y sellado la presente.
Done at the city of Lima, on the Hecha en Ia ciudad de Lima el
twenty-second day of July, in the veintidos de Julio del aflo del Sefior
year of our Lord one thousand eight mil ochoeientos cincuenta y seii.
hundred fifty-six.
J. RANDOLPH CLAY. [L. 5.) J. 1L SEGUIN. rL.S.]
J. M. SEGUIN. . 5. J. RANDOLPH CLAY. CL. s.
And, whereas, the said convention has been duly ratified on both parts, .. . of
and the respective ratifications of the same were exchanged in this city on Out. Si87.
the thirty-first ultimo : ° "

Now, therefore, be it known, that I, JAMES BUCHANAN, President


of the United States of America, have caused the said convention to be,
made public, to the end that the same, and every clause and article
thereof, may be observed and fulfilled by the United States and .the
citizens thereof.
VOL. Xi. TREAT.-91

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698 CONVENTION WITH PERU. JULY 22, 1856.
In testimony whereof, I have hereunto set my hand, and caused the
seal of the United States to be affixed.
Done at the city of Washington, this second day of November,
Anno Domini eighteen hundred and fMfy-seven, and of the
[L. S.] Independence of the United States of America the eighty.
second.
JAMES BUCHANAN.
By the President:
L0wxs CASS, Bfr" Of SWa,.

HeinOnline -- 11 Stat. 698 1837-1868


TREATY WITH CREEK9 AND SEMINOLES. AUGUST 7, 1856. 699

FRANKLIN PIERCE,
PRESIDENT OF THE UNITED STATES OF AMERICA, Augst 7,186

TO ALL PERSONS TO, WHOM TnESE PRESENTS SA L COME, GREETING:

WHEREAS a treaty was. made and concluded at the city of Washington,


on the seventh day of August, eighteen hundred and fity-six, between Preamble..
George W. Manypenny, commissioner on the part of the United States,
Tuck-a-batchee-Micco, Echo-Harjo, Chilly McIntosh, Benjamin Marshall,
George W. Stidham, and Daniel N. McIntosh, commissioners on the part
of the Creeks; and John Jumper, Tuste-nue-o-chee, Pars-co-fer, and James
Factor, commissioners on the part of the Seminoles, which treaty is in
the words and figures following, viz:
Articles of agreement and convention between the United States, and
the Creek and Seminole tribes of Indians, made and concluded at the city Treaty.
of Washington the seventh day of August, one thousand eight hundred
and fifty-six, by George.W. Manypenny, commissioner on the part of the
United States, Tuek-a-batchee-Micco, Echo-Harjo, Chilly McIntosh, Ben-
jamin Marshall, George W. Stidham, and Daniel N. McIntosh, com-
missioners on the part of the Creeks; and John Jumper, Tuste-nuc-o-chee,
Pars-co-fer, and James Factor, commissioners on the part of the Sem-
inoles:
Whereas the convention heretofore existing between the Creek and Preamble.
Seminole tribes of Indians west of the Mississippi River, has given rise to
unhappy and injurious dissensions and controversies among them, which
render necessary a re-adjustment of their relations to each other and to
the United States; and whereas the United States desire, by providing
the Seminoles remaining in Florida with a comfortable home west of the
Mississippi River, and by making a liberal and generous provision for their
welfare, to induce them to emigrate and become one people with their
brethren already west, and also to afford to all the Seminoles the means
of education and civilization, and the blessings of a regular civil govern-
ment; and whereas, the Creek nation and individuals thereof, have, by
their delegation, brought forward and persistently urged various claims
against the United States, which it is desirable shall be finally adjusted
and settled; and whereas it is neceisary for the simplification and better
understanding of the relations between the United States and said Creek
and Seminole tribes of Indians, that all their subsisting treaty stipulations
shall, as far as practicable, be embodied in one comprehensive instrument;
now therefore; the United States, by their commissioner, George W.
Manypenny, the Creek tribe of Indians, by their commissioners, Tuck-a-
batchee-Mieco, Echo-Harjo, Chilly McIntosh, Benjamin" Marshall, George
W. Stidham, and Daniel NMIntosh; and the Seminole tribe of Indians,
by their commissioners, John Jumpper, Tuste-nu-o-ehee, Pars-co-fer, and
James Factor, do hereby agree and stipulate as follows, viz:
ARTICLE L The Creek Nation doth hereby grant, cede, and convey Cession by
to the Seminole Indians, the tract of country included within the follow- le to S i.
ing boundaries, viz: beginning on the Canadian River, a few miles east of noles.
the ninety-seventh parallel of west longitude where Ock-hi-appo, or Pond
Creek, empties into the same; thence, due north to the north fork of the
Canadian; thence, up said north fork df the Canadian to the southern
line of the Cherokee country; thence, with that line, west, to the one
hundredth parallel of west longitude; thence, south along said parallel
of longitude to the Canadian River, and thence down and with that river
to the place of beginning.

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700 TREATY WITH CREEKS AND SEMi&OLES. AuousT 7, 195t.
B uuderies of ARTICLK II. The follo*ing shall constitute and remain the bound.
0reekCountry. aries of the Creek country, viz: beginning at the mouth of the north fork
of the Canadian River, and running northerly four miles; thence running
a straight line so as to meet a line drawn from the south bank of the Ar-
kansas River, opposite to the east or lower bank of Grand River, at its
jundtion with one
degrees, west, the mile,
Arkansas, andplace
to a po~st which inruns a course,thence
the ground; south, along
forty-four
said,
line to the Arkansas ad up the same ad the Verdigris River, to where
the old territorial line crosses it; thence along said line, north, to a point
twenty-five miles from the Arkansas River, where the old territorial line
crosses the same;"thene running west with the southern line of the Cher-
okee country, to the north fotk of the Canadian River, where the bound-
ary of the cession to th Seminoles defined in the preceding article, first
strikes said Cherokee line; thence down said north fork,-to where the eastern
boundary line of the said cession to the Seminoles strikes the same;
thence, with that line, due south to the Canadian River, at the mouth of
the Ock-hi-appo, or Pond Creek; and thence down said Canadian River
to the place of beginning.
Seminole, and ARTOL I _The United States do hereby solemnly guarantee to
Creek colt" the Seminole Indians the tract of country ceded to them by the first
as hereby fixed,
steo to'article of this convention; and to the Creek Indians, the lands included
them. within the boundaries defined in the second article hereof; and likewise
that the same shall respectively be secured to and held by said Indians by
the same title and tenure by which they were guaranteed and secured to
vol. vii. p. 8ss., the Creek Nation by the fourteenth article of the treaty of March twenty-
" fourth, eighteen hundred and thirty-two, the third article of the treaty of
February fourteenth, eighteen hundred and thirty-three, and by the letters-
VoL vi. p. 419. patent issued to the said Creek Nation, on the eleventh day of August,
eighteen hundred ad fifty-two, and recorded in volume four of records
of Indian deeds in the Office of Indian Affairs, pages 446 and 447.
Provided however, that no part of the tract of country so ceded to the
Seminole Indians, shall ever be sold, or otherwise disposed of without the
conspnt of both tribes legally given.
No State
Terrior to or thsATIcB i IV. "th.
The United States do herebf solemidy agiee and bind
laws o si themselves, that no State or Territory shall ever pass laws for the govern-
tribes. ment of the Creek or Semeiole tribes of Indians, and that no portion of
either of the tracts of country defined in the first and second articles of
Sai d o ou ntr i e s t hi s
not toe d this agreemnt shall ever be embraced or included within, or annexed to,
ed ia any State any Territory or State, nor shall either, or any part of either, ever, be
or Terr.to
without their
erected into a Territory without the ful and free consent of the legislative
. . .
eonsent. authority of the tribe owning the same.
Release by- ARTIOL V. The Creek Indians do hereby, absolutely and, forever,
o o alertitl quitclain and relinquish to the United States all their right, title, and in-
and all laims terest in and to any lands heretofore owned or claimed by them, whether.
ginst United east or west of the Mississippi River, and any and all claim for or on ac-
:W1 e1 epr count of any sucll lands, except those embraced within the boundaries
described in the second article of this agreement; and it doth also; in like
manner, release and fully dischsrge the United States from all other
claims and demands whatsoever, which the'Creek Nation oxi any individu-
als thereof may now have against.the United States, excepting only such
as are particularly or in terms provided for and secured to them by the
provisions of existing treaties and laws; and'wbich are as folog viz:
perunent annuities in money amounting to twent-four thousand five
hundred dlhIrs, secured to them by the fourth article of the treaty of
Vol. vii. p.86. seventh August, se'enteen hlmdred and ninety, the second article of the,
VoL vii. p. 69. treaty of June sixteenth, eighteen hundred ad two, and the fourth article
of the treaty of Januaiy twenty-fourth,.eighteen hundred and twenty-six;
permanent provision for a wheelwright, for a blacksmith and assistant;
blacksmith shop and.tools, and for iron and steel under the eighth article

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TREATY WITH CREEKS AND SEMINOLES. AuGusT 7, 1856. 701
of the last-mentioned treaty; and costing annually oue thousand seven
hundred and ten dollars; two thousand dollars per anunm, during the
pleasure of the President, for assistance in agricultural operations under
the same treaty and article; six thousand dollars per annum for educa-
tion for seven years, in addition to the estimate for present fiscal year,
under the fourth article of the treaty of January fourth, eighteen hundred
and forty-five ; one thousand dollars per annum during the pleasure of VoL ix. p. 8.
the President, for the some object, under the fifth article of the treaty of
February fourteenth, eighteen hundred and thirty-three ; services of a VoL vii. p.41.
wagon maker, blacksmith and assistant, shop and sools, iron and steel,
during the pleasure 9 f the President, under the saie treaty and article,
and costing one thousand seven hundred and ten dollars aniually; the
last instalment of two thousand two hundred and twenty dollars for two
blacksmiths and assistants, shops and tools, and iron and steel, under the
thirteenth article of the treaty -of March twenty-fourth, eighteen hundred Vol. vii. p.8o8.
and thirty-two, and which last it is hereby stipulated shall be continued
for seven additional years. The following shell also be excepted from
the foregoing quitclaim, relinquishment, release, and discharge, viz: the
fund created and held in trust for Creek orphans under the second article
of the treaty of March twenty-fourth, eighteen hundred and thirty-two; Vol. vii. p. 8M..
the right of such individuals among the Creeks as have not received it,
to the compensation in money provided for by the act of Congress of
March third, eighteen hundred and thirty-seven, in lieu of reservations of 1887, ch. 4L
land to which they were. entitled, but which were not secured to them,
under the said treaty of eighteen hundred and thirty-two ; the right of Vol v. p. 180.
the rqservees under the same treaty, who did not dispose of their reser-
vations to the amounts for which they have been or may be sold by the
United States; and the right of such members of the tribe to military
bounty lands, as are entitled thereto under existing laws of the United
States. The right and interest of the Creek Nation and people in and
to the matters and things so excepted, shall continue and remain the same
as though this convention had never been entered into.
ARTICLE VI. In consideration of th6 foregoing quitelaim, relinquish- Payent to
ment, release, and discharge, and of the cession of a country for the the Creeks for
Senminole Indians contained in the first article of this agreement, the sd cession and
United States do hereby agree and stipulate to allow and pay the Creek siooo,00.
Nation the sum of'one million of dollars, which shall be invested and paid
as follows, viz: two hundred thousand dollars to be invested in some safe $200,000 to be
stocks, paying an interest of at least five per cent. per annum; which in- invested.
terest shall be regularly and faithfully applied to purposes of education
among the Creeks; four hundred thousand dollars tobe paid per capita, 400,000 to be
under the direction of the general council of the Creek Nation, to the in- paid per ca$4
dividus and members of said natiot,* as soon as practicable after the
ratification of this agreement; and two hundred thousand dollars shall be
set apart to be appropriated and paid as follows, viz: ten thousand dollars 1o,000 for ar-
to be equally distributed and paid to those individuals, and their heirs, rars under act
who, under act of Congress of March third, eighteen hundred and thirty- o 1887, ch. 4L,
seven, have received money in lieu of reservations of land to which they
were entitled, but which were not secured to them under the treaty of
March twenty-fourth, eighteen hundred and thirty-two; one hundred and $120,000 for
twenty thousand dollars to be equally and justly distributed and paid, Creeks who emi-
under the direction of the general council, to those Creeks, or their .ed before
descendants, who emigrated west of the Mississippi River prior to said 2.
treaty of eighteen hundred and thirty-two, and to be in lieu of and in full
comlnsation for the claims of such Creeks to an allowance equivalent to
the reservations granted to the eastern Creeks by that treaty, and seventy $70,000 for in
thousand dollars for the adjustment and final settlement of such other dividual claims.

See Amendment pjos p. 706.

HeinOnline -- 11 Stat. 701 1837-1868


702 TREATY WITH CREEKS AND SEMINOLES. AUGUST 7, 1856.
claims of individual Creek Indians, as may be found to be equitable and
just by the general council of the nation: Providedhowever, That no part
of the three last-mentioned sums shall be allowed br paid to any other
person or persons, whatsoever, than those who are actual and bnd fide
members of the Creek Nation and belonging, respectively, to the three
classes of claimants designated; said sums to be remitted and paid as soon
as practicable after the general council shall have ascertained and desig-
nated the persons entitled to share therein. And provided futer, That
any balance of the said sum of seventy thousand dollars, which may be
found pot to be atnlly necessary for the adjustment and settlement of the
claims for which it ii set apart, shall belong to the nation, and be applied
to such object or objects of utility or necessity as the general council shall
s0o,000 to be direct. The remaining sum of two hundred thousand dollars shall be re-
retained til6 the tained by the United States, until the removal of the Seminole Indians,
mzove and then now in Florida, to the country west of the Mississippi River herein pro-
paid or invested. vided for their tribe; whereuj~on the same, with interest thereon, at five
per cent., from the date of the ratification of this agreement, shall be paid.
over to, or invested for the benefit of the Creek Nation,.as may then be
requested by the proper authorities thereof. roided however, That if
so paid over, it shall be equally divided and paid per capita to all the in-
dividuals and members of the Creek Nation, or be used and applied only
for such objects or purposes of a strictly national or beneficial character
as the interests and welfare of the Creek people shall actually require. .
Educational, ARTIcyE VII. It being the desire of the Creeks to employ their own
&c., funds, to teachers, mechanics, and farmersj all of the funds secured to the nation for
be paid to educational, mechanical, and agricultural purposes, shall as the same be-
treasurer. come annually due, be paid over by the United States to the treasurer of
the Creek Nation. And the annuities in money due the nation under
former treaties, shall also be paid to the same officer, whenever the general
council shall so direct.
Belesse of ARtTICLE VIII. The Seminoles hereby release and discharge the
Seminoleclaims. United States from all claims and demands which their delegation have set
up against them, and obligate themselves to remove to and settle in the new
country herein provided for them as soon as practicable. In considera-
tion of such release, discharge, and obligation, and as the Indians must
abandon their present improvements, and incur considerable expense in
re6stablishing themselves, and as the government desires to secure their
assistance in inducing their brethren yet in Florida to emigrate and settle
with them west of the Mississippi River, and is willing to offer liberal in-
Payment for ducements to the latter peaceably so to do, the United States do therefore
such release, agree and stipulate as follows, viz: To pay to the Seminoles now west,
the sum of sixty* thousand dollars, which shall be in lieu of their present
improvements, and in full for the expenses of their removal and establi.h-"
ing themselves in their new country; to provide annually for ten years.
the sum of three thousand dollars for the support of schools; two thousand
dollars for agricultural assistance; and two thousand two hundred dollars
for the support of smiths and smith shops among them, said sums to.be
applied to these objects in such manner is the President shall direct.
Also to invest for them the sum of two hundred and fifty thousand dollars,
at five per cent. per annum, the interest to be regularly paid over to them
per capita as annuity; the further sum of two hundred and fifty thousand
dollars shall be invested in like manner whenever the Seminoles now re-
maining in Florida shall have emigrated and joined their brethren in the
west, whereupon the two sums so invested, shall constitute a fund belong-
ing to the united tribe of Seminoles, and the interest on which, at the rate
afbresaid, shall be annually paid over to them per capita as an annuity;
but no portion of the principal thus invested, or the interest thereon annu-

0 See Amendment, substituting ninety for sixty, po p. 706.

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TREATY WITH CREEKS AND SEMINOLES. AUGUST 7, 1856. 708
ally due and payable, shall ever be taken to pay claims or demands
against said Indians, except such as may hereafter arise under the inter-
course laws. -
ARTICLE IX. The United States agree to remove comfortably to United State
their new country west all those Seminoles mow in Florida who can bnoles who will
induced to emigrate thereto; and to furnis them with sufficient rations emigoate and
of wholesome subsistence during their removal and for twelve months them ohr-
after their arrival at their new homes; also, to provide each warrior of m PP"
eighteen years of age and upwards, who shall so remove, with one rifle
gun if he shall not already possess one; with two blankets, a supply of
powder and lead, a hunting shirt, one pair of shoes, one and a half yards
of strouding, and ten pounds of good tobacco; and each woman, youth,
and child, with a blanket, pair of shoes, and other necessary articles of
comfortable clothing, and to expend for them in improvements, after they
shall all remove, the sum of twenty thousand dollars. And to encourage
the Seminoles to devote themselves to the cultivation of the soil, and
become a sober, settled, industrious, and independent people, the United
States do further agree to expend three thousand dollars in the purchase
of ploughs and other agricultural implements, axes, seeds, looms, cards,
and wheels; the same to be proportionately distributed among those now
west, and those who ihall emigrate from Florida.
AnTICLE X. The Seminoles west do hereby agree and bind them- .to Seminoles wevt
send a delega-
selves to furnish, at such time or times as the President may appoint, t, Flordad
a delegation of such members of their tribe as shall be selected for the
purpose, to proceed to Florida, under the direction of an agent of the
government, to render such peaceful services as may be required of them,
and otherwise to do all in their power to induce their brethren remaining
in that State to emigrate and join them in the west; the United States
agreeing to pay them and such members of the Creek tribe as may
voluntarily offer to join them and be accepted for the same service, a
reasonable compensation for their time and services, as well as their trav-
cuing, and other actual and necessary expenses.
ARTCLE X. It is further hereby agreed that the United States shall
Payment to
pay Foc-te-lus-te-hajo, his heirs or assigns, the sum of four hundred eertaJn Indians.
dollars, in consideration of the unpaid services of said Foc-te-luc-te-hajo,
or Black Dirt, rendered by him aS chief of the friendly band of Seminole
warriors who fought for the United States during the Florida war.
ARTICLE XI. So soon as the Seminoles west shall have removed to Aeoy for
the new country herein provided for them, the United States will then s .
select a site and erect the necessary buildings for an agency, including a
council-house for the Seminoles.
ARTioLz XIII. The officers and people of each of the tribes of Creeks Rights of
and Seminoles shall, at all times, have the right of safe conduct and free Oreem and Sem-
p ssage through the lands and territory of the other. The members of other's countries.
each shall have the right freely to settle within the country of the other,
and shall thereupon be entitled to all the rights, privileges, and immunities
of members thereof, except -that no member of either tribe shall be en-
titled to participate in any funds belonging to the other tribe. Members
of each tribe shall have the right to institute and prosecute suits in thd
courts of the other, under such regulations as may, from time to time, be
prescribed by their respective legislatures.
ARTC1E XIV. Any person, duly charged with a criminal offence Extradition of
against the laws of either the Creek or Seminole tribe, and escaping into armina be-
tensaid In
the jurisdiction of the other, shall be promptly surrendered upon the diencontres.
demand of the proper authority of the tribe within whose jurisdiction the
offence shall be alleo'ed to have been committed.
ARTiCLE XV. o far as may be compatible with the constitution of Government of
the United States, and the laws made in pursuance thereof, regulating C es.nd Br.
trade and intercourse with the Indian tribes, the Creeks and Seminoles

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704 TREATY WITH CREEKS AND SEMINOLES. AuGusT 7, 1856.
shall be secured in the unrestricted right of -self-government, and tull
jurisdiction over persons and property, within their respective limits; ex-
cepting, however, all white persons, with their property, who are not, by
adoption or otherwise, members of either the Creek or Seminole tribe;
and- all persons not being members of either tribe, found within their
limits, shall be considered intruders, and be removed from. and kept out
of the same by the United States agents for said tribes, respectively;
(assisted, if necessary, by the mli tary;) with the following exceptions,
viz: such individuals with their families as may be in the employment of
the governmentsojourning
or temporarily of the United
in theStates;
country,allor persons peaceably travelling,
trading therein under license
from the proper authority of the United States; and such persons as may
be permitted by the Creeks or Seminoles, with the assent of the proper
authorities of the United States, to reside within their respective limits
without becoming members of either of said tribes.
Extradition of ARTICLE XVI. The Creeks and Seminoles shall promptly apprehend
criminals to the and deliver up all persons accused of any crime against the laws of the
United
to States or United SStesaterof
tates, or of any State who may be found within their
limits, on demand of any proper offcer of a State or of the United
States.
Traders to pay ARTICLE XVII. All persons licensed by the United States to trade
for use of laid with the Creeks or Seminoles shall be required to pay to the tribe within
and timber. whose country they trade, a moderate annual compensation for the land
and timber used by them, the amount of such compensation, in each case,
to be assessed by the proper authorities of said tribe, subject to the ap-
proval of the United States agent therefor.
Protection of ARTICLE XVIIIL The United States shall protect the Creeks and
said Creeks and Seminoles from domestic strife, from hostile invasion, and from aggression
Seminoles. by other Indiana and white persons; not subject to their jurisdiction and
laws; and for all injuries resulting from such invasion or aggression, full
indemnity is hereby guaranteed to the party or parties injured out of the
treasury of the United States, upon the same principle and according to
the same rules upon whiah white persons are entitled to indemnity for
injuries or aggressions upon them, committed by Indians.
RightEigt stb-
o estab-
to A.RTICLE The United States shall have the right to estab
etls ish
lish posts, roads, and intain such military posts, military and post-roads, and Indian
and an
a'enies
agnie the re-
e age~ncies as may be deemed necessary within the Creek and Seminole einl
sredto
United States. country, but no greater quantity of land or timber shall be used for said
purposes than shall be actually requisite; and if, in the establishment or
Regultions re- maintenance of such posts, roads, or agencies, the property of any Creek
%peoting the or Seminole be taken, destroyed, or injured, or ay property of either
ame. nation, other than land and timber, just and adequate compensation shall
be made by the United States. Such persons only as are or may be in
the employment of the United States, in any capacity, civil or militaT
or subject to the jurisdiction and laws of the Creeks and Seminoles, shall
be permitted to farm or raise stock within the limits of any of'said mil-
itary posts or Indian agencies. And no offender against the laws of either
of said tribes shall be permitted to take refuge therein.
ltght of way ARTICLE XL The United States, or any incorporated company, shall
for ratlroads and have the right of way for railroads, or lines of telegraphs, through the
telegraphs. Creek and Seminole countries; but in the case of any incorporated com-
pany, it shall have such right of way only upon such terms, and payment
of such amount to the Creeks and Seminoles, as the case may be, as may
be agreed upon between it and the national council thereof; or, in case
of disagreement by making full compensation, not only to individual
parties injured, but also to the tribe for the right of way, all damage and
injury done to be ascertained and determined in such manner as the Pres-
ident of the United States shall direct. And the right of way granted
by either of said tribes for any railroad, shall be perpetual or for such

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TREATY WITH CREEKS AND SEMINOLES. AUGUST 7,1856. 705
shorter term, as the same may be granted, in the same mannter as if there
were no reversion of their lands to the United States provided for, in
case of abandonment by them, or of extinction of their tribe.
ARTICLz XXI. The United States will cause such portions of the Survey of
boundaries of the Creek and Seminole countries, as do not consist of boundar-.
well-defined natural boundaries, to be surveyed and permanently marked
and established. The Creek and Seminole general councils may each
appoint a commissioner from their own people to attend the running of
their respective boundaries, whose expenses and a reasonable allowance
for their time and services, while engaged in such duty, shall be paid by
the United States.
ARTICLE XXII. That this convention may conduce, as far as possible, Amnesty do.
to the restoration and preservation of kind and friendly feelings ainong elated.
the Creeks and Seminoles; a general amnesty of all past offences com-
mitted within their country, either west or east of the Mississippi, is
hereby declared.
ARTICLE XXII. A liberal allowance shall be made to each of the Allowance to
delegations signing this convention; including, with the Seminole dele- delegations.
gation, George W. Brinton, the interpreter, as a compensation for their
travelling and other expenses in coming to. and remaining in this city and
returning home.
ARTICLE XXIV. Should the Seminoles in Florida desire to have a Seminoles may
portion of the country described in the first article of this agreement, set for
set Florida
f trac apart
apart for their residence it is agreed that the Seminoles west may make Seminole.
such arrangement, not inconsistent with this instrument, as may be satis-
factory to their brethren in Florida.
ARTICLE XXV. The Creek laws shall be in force and continue to Creek laws,
operate in the country herein assigned to the Seminoles, until the latter force of In Semi-
nole county
remove thereto; when they shall cease and be of no effect.
ARTICLE XXVI. This convention shall supersede and take the place This treaty to
of all former treaties, between the United States and the Creeks, between supersede former
the United States and the Florida Indians and Seminoles, and between nconst
the Creeks and Seminoles, inconsistent herewith; and shall take effect oWn to take
and be obligatory-on the contracting parties from the date hereof, when- effect.
ever it shall be ratified by the Senate and President of the United
States
In testimony whereof, the said George W. Manypenny, commissioner
on the part of the United States, and the said commissioners on the part
of the Creeks and Seminoles, have hereunto set their hands and seals.
Done in triplicate at the city of Washington, on the day and year first
above written.
GEO. W. MANYPENNY, [L. S.]
United &tw Commiosioner.
TUCK-A-BATCHEE-MICCO, his x mark, L. s.]
ECHO-HARJO, his x mark, rL. B.]
CHILLY 'eNTOSH, L. S.]
BENJAMIN MARSHALL, L. s.]
GEORGE W. STIDHAM, [i. s."
DANIEL N. McINTOSH, L. 5.]
Creek Commneoners.
JOHN JUMPER, his x
TUS-TE-NUC--CttlEE,
PARS-CO-FE , his mark,
his x mark,
x mark, .8'*I5.
JAMES FACTOR, his x mark, [
Remitwie Cfmmesstoners.

* For an additional article, seepst, p. 706.


VOL. Xi. T1rAT.-,92

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706 TREATY WITH CREEKS AND 'SEMINOLES. AUGUST 7,1856.

Executed in presence of:


JomN W. ALLEN,
EDWARD HANRICK,
W. H. GAuRETT. reek Agent,
J. W. WAS-ou-RE, Sminole Agent,
G.. W. STIDHUA, U. S. Interpreter,
Gzo. W. BRInToN, Interpreter,
JA.iEs R. Rocms,
CS. 0. JOLInE.
And whereas, the said treaty having been submitted to the Senate of
the United States for its constitutional action thereon, the Senate did, on
the sixteenth day of August, eighteen hundred and fifty-six, advise and con-
sent to the ratification of the same, with amendments, by a resolution in
the words and figures following, to wit :-
Ir ExEcUrvE SESSION, SENATE OF THE UNITED STATES,
Augwust 16t, 1856.
.Besolve (two thirds of the Senators present concurring,) That the
Senate advise and consent to the ratification of the articles of agreement
and convention between the United States and the Creek and Seminole
tribes of Indians, made and concluded at the city of Washington, the
seventh of August, one thousand eight hundred and fifty-six, by George
W. Manypenny, commissioner on the part of the United States, Tuck-n-
batchee-Micco, Echo-Harjo, Chilly Mcintosh, Benjamin Marshall, George
W. Stidham, and Daniel N. Icintosh, commissioners on the part of the
Creeks; and John Jumper, Tus-te-nue-o-chee, Pars-co-fer, and James
Factor, commissioners on the part of the Seminoles, with the following
AMENDMENTS.

Amendments ARTICLz VI. After the words "individuals of said nation," insert
Of Senate. "except such portion, as they shall by order of said national council,
direct to be paid to the treasurer of said nation for any specified national
object, not exceeding ($100,000) one hundred thousand dollars."
ARTICLE VII Strike out the word "sixty" and insert "ninety."
Add the following as
ARTICLE .XXVIL "And it is further agreed, that nothing herein
contained, shall be so construed as to release the United States from any
liability, other than those in favor of said.nations or individuals thereof."
Attest: ASBURY DICKINS.
WASHnoTON Crir, August 18, 1856.
The Senate of the United States having advised and osented to the
ratification of the articles of agreement and convention, made and co,x-
eluded at the city of Washington, the seventh day of August, one thousand
eight hundred and fifty-six, between George W. Manypenny, commis-
sioner on the part of the United States, Tuch-a-batchee-Micco, Echo-
Harjo, Chilly McIntosh, Benjamin Mahall, George W. Stidham, and
Daniel N. McIntosh, commissioners on the part of the Creeks, and John
Jumper, Tus-te-nuc-o-chee, Pars-co-fer, and James Factor, commissioners
on the part of the Seminoles, with the following
AMENDMENTS.

ARTICLE VL After the words "individuals of mid nation," insert


"except such portion, as they shall by order of said national council,
direct to be paid to the treasurer of said nation for any specified national
object, not exceeding ($100,000) one hundred thousand dollars."

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TREATY WITH CREEKS AND SEMINOLES. AUGUST 7,1856. 707
ARTICLE VIII. Strike out the word "sixty" and insert "ninety."
Add the following as the
ARTICLE XXVIL "And it is further agreed that nothing herein con-
tained shall be so construed as to release the United States from any
liability, other than those in favor of said nations or individuals thereof."
We, the above named Creeks and Semiholes, commissioners as above Assent of
• Indlans to said
stated, and parties to the above articles of agreement and convention, amendments.
after the said amendments have been read and explained to us, consent
to and accept of the same.
In witness 'whereof we have hereunto set our hands and seals the day
of the date hereof.
TUCK-A-BATCHEE-MICCO, his x mark, t. s.)
ECHO-HARJO, his x mark, [L. S.]
CHILLY McINTOSH, L.
1
B. MARSHALL, L. sd
GEORGE W. STIDHAM, [L. S.]
D. N. McINTOSH, [L. 8.]
Creek Commissioners.
JOHN JUMPER, his x mark, [L. S.]
TUS-TE-NUC-O-CHEE, his x mark, L. S.
PARS-CO-FER, his x mark, L. .]
JAMES FACTOI, his x mark, L. S.
&nainole Comn'inioers.
Executed in the presence of:
EDWARD HANRICK,
ALFRED CHxAPx,
Wx. W. DmousoN,
W. H. GARRETT, Creek Agen,
J. W. WASHBOURNE, Serinole Ageni,
G. W. STIDUAM, U. S. rl,
Gno. W. BRLU N, Int.

Now, therefore, be it known, that I, FRANKLIN PIERCE, Presi-


dent of the United States of America, do, in pursuance of the advice and
consent of the Senate as expressed in their resolution of the sixteenth of
August, aforesaid, accept, ratify, and confirm the said treaty, with the
amendments.

In testimony whereof, I have caused the seal of the United States to


be hereto affixed, having signed the same with my hand.
Done at the city. of Washington, this twenty-eighth day of
l[i. s.] August, A. D. eighteen hundred and fifty-six, and of the
independence of the United States the eighty-first.
FRANiKLIN PIERCE.
By the President:
W. L. MARcY, Secretaryof &atv.

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TREATY WITH THE SHAH OF PERSIA. Dzc. 18, 1856.

BY THE PRESIDENT O' THE UNITED STATES OF AMERICA:

A PROCLAMATION.
WiEREAs, a treaty between the United States of Amelic and his De. 18, 18.
Majesty the Shah of Persia, was concluded and signed by their respective,
plenipotentiaries at Constantinople, o the thirteenth day of December
4ast,
which treaty, being in the Fnglish and Persian lan guages, is, word
for word, as follows:

In the name of God, the Clement and the Mercil-


The President of the United States of North America, and his Majesty, Preamble.
as exalted as the planet Saturn; the sovereign to whom the sun serves as
a standard; whose splendor and magnificence are equal to that of the
skies; the sublime sovereign, the monarch whose armies are as numerous
as the stars: whose greatness ealls to mind that of Jeinshid; whose mag-
nificence equals that of Darius; the heir of the crown and throne of the
Kayanians, the sublime Emperor of all Persia, being
sincerely desirous of establishing relations of firiendiship both equally and
between the two
governments, which they wish to strengthen by a treaty of friendship and
commerce, reciprocally advantageous and useful to the citizens and sub-
jects of the two high contracting parties, have for this purpose named for
their plenipotentaries-
The President of the United States of North America, Carroll Spence, Negotators
minister resident of the United States near the Sublime Porte; and his
Majesty the Emperor of all Persia, his excellency-Emin ul Molk Farrukh
Khan, ambassador of his imperial Majesty the Shah, decorated with the
portrait of the Shah, with the great cordon blue, and bearer of the girdle
of diamonds, &e.&c. &e. &-.
And the said plenipotentiaries, 'having exdhanged their full powers,
which were found to be in proper and due form, have agreed upon the
following articles:
AiRTIOLE I There shall be hereafter a sineere and constant good un- Sincere and
derstanding between the government and citizens of the United States of constant amity.
North America and the Persian empire and all Persian subjects.
ARTiCLB IL The ambassadors or diplomatic agents whom it may please A On,
either of the two high contracting parties to send and maintain near the as those of the
other, shall be received and treated, they and all those composing their most favored ha-
missions, as the ambassadors and diplomatic agents of the most fivored ton.
nations are received and treated in the two respective countries; and they
shall enjoy there in all respects'the same prerogatives and immunities.
ARTICLE Ill. The citizens and subjects of the two high contracting Citizens, &c. of
parties, travellers, merchants, manufacturers, 'and others, who may reside ethetowerr.I-
in the territory of either country, shall be respected and efficiently pro- tory of the other,
tected by the authorities of the country and their agents, and treated in to be protected.
all respects as the subjects and citizens of the most favored nation are
treated.
They may reciprocally bring by land or by sea into either country, and May enp in
export from it, all kinds of merchandise and products, and sell, exchange, eomneroe.
or buy, and transport them to all places in the teiritories of either of the
high contracting parties. It being, however, understood that the merchants
of either nation who shall engage in the internal comeree of either country,

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710 TREATY WITH THE SHAH" OF PERSIA. Dzo. 13, 1856.
shall be governed, in respect to such commerce, by the laws of the country
Tohavea lsare in which such commerce is carried on; and in case either of the high con-
PriviIe as 'mcl-tracting powers shall hereafter grant other privileges concerning such in.
Mon. ternal commerce to the citizens or subjects of other governments, the same
shall be equally granted to the merchants of either nation engaged in such
internal commerce within the territories of the other.
Duties to be AnTICLE IV. The merchandise imported or exported by the respective
same as on Soos citizens or subjects of the two high contracting parties shall not pay in
of su jects of
mot f&vored n, either country, on their arrival or departure, other duties than those which
tion. are clarged in either of the countries on the merchandise or products im-
ported or exported by the merchants and subjects of the most favored
-nation, and no exceptional tax, under any name or pretext whatever, shall
be collected on them in either of the two countries.
DisputesinPer- ARTIOLE "V. All suits and disputes arising in Persia between Persian
aI& between, Per; subjects and citizens of the United States, shall be carried before the Per-
stas and citizens
of United states, sian tribunal to which such matters are usually referred at the place where
how settled. a consul or agent of the United States may reside, and shall be discussed
and decided according to equity in the presence of an employ6 of the
consul or agent of the United States.
Between citi- All suits and disputes which may arise in the empire of Persia between
seas Of the Uni- citizens of the United States, shall be referred entirely for trial and for
ted States. adjudication to the consul or agent of the United States, residing in the
province wherein such suits and disputes may have arisen, or in the prov-
ince nearest to it, who shall decide them according to the laws of the
United States.
Between otti- All suits and disputes occurring in Persia between the citizens of the
zens of the Uni-
tad States and United States and the subjects of other foreign powers, shall be tried and
other foreigners. adjudicated by the intermediation of their respective consuls or agents.
How in United In the United States, Persian subjects, in all disputes arising between
States. themselves, or between them and citizens of the United States or foreigners,
shall be judged according to the rules adopted in the United States re-
specting the subjects of the most favored nation.
rlminnal-of- Persian subjects residing in the United States, and citizens of the United
fences, howtrlOd, States residing in Persia, shall, when charged with criminal offences, be
tried and judged in Persia and the United States in the same manner as
are the subjects and citizens of the most favored nation residing in either
of the above-mentioned countries.
Effects of per. ARTICLE VI. In case of a citizen or subject of either of the contracting
sons dying, &e. parties dying within the territories of the other, his effects shall be deliv-
ered up inin
and in case he has no relations or partners, his busimess of the deceased;
effects in either country
shall
ceasedbewas
delivered up or
a subject to citizen,
the consul or agent
so that of the
he may nation
dispose of of which
them the de-
in accord-
ance with the laws of his country.
Each power ARTICLE VII. For the protection of their citizens or subjects, and
may have diplo their commerce respectively, and in order to facilitate g and equitable
matieagent and
three consuls, relations between the citizens and subjects of the two countries, the two
high contracting parties reserve the right to maintain a diplomatic agent
at either seat of government, and to namp each three consuls in either
Consulat. country; those of the United States shall reside at Teheran, Bender,
Bushir, and Tauris; those of Persia, at Washington, New York, and New'
Orleans.
Rights and priv- The consuls of the high contracting parties shall reciprocally enjoy in
Ileg of consuls, the territories of the other, where their residences shall be established, the
respect, privileges, and immunities granted in either country to the consuls
of the most favored nation. The diplomatic agent or consuls of the United
States shall not protect,-secretly or publicly, the subjects of the Persian
government, and they shall never suffer a departure from the principles
here laid down and agreed to by mutual consent.

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TREATY WITH THE SHAH OF PERSIA. Dic. 13, 1856. 711
And it is further understood, that if any of those consuls shall engage If -news en-
in trade, they shall be subjected to the same laws and! usages to which e in t'ade.
private individuals of their nation engaged in commercial pursuits in the
same place are subjected.
And it is also understood by the high contracting parties, that the diplo- Nuimber of do-
matic and consularnum .. of the United States shall not employ a greater
agents .. meties
wage agenu plo-.of
number of domestics than is allowed by treaty to those of Russia residing theUniti States
in Persia. to have.
ARTICLE VIIL And the high contracting parties agree that the present Duration of"ths
treaty of friendship and commerce, cemented by the sincere good feeling treaty-
and the confidence which exists between the governments of the United
States and Persia, shall be in force for the term of ten years from the ex-
change of its ratification; and if, before the expiration of the first ten years, To extend be-
neither of the high contracting parties shall have announced, by official stipulated
notification to the other, its intention to arrest the operation of said treaty, ter notee.
it shall remain binding for one year beyond that time, and so on until the Ratfications to
expiration of twelve months, which will follow 4 similar notification, what- be610h "ed In
ever the time may be at which it may take place; and the plenipoten- s.....
tiaries of the two high contracting parties further agree to exchange the
ratifications of their respective governments at Constantinople in the space
of six months, or earlier, if practicable.
In faith of which, the respective plenipotentiaries of the two high con- Sgatum.
tracting parties have signed the present treaty, and have attached their
seals to it..
Done in duplicate in Persian and English, the thirteenth day of Decem- Dec. 18, 15.
ber, one thousand eight hundred and fifty-six, and of the Hijereh the
fifteenth day of the moon of Rebiul Sany, one thousand two hundred and
seventy-three, at Constantinople.
CARROLL SPENCE.
EMIN UL MOIR FARRUHK KHAN,[L .
And whereas the said treaty has been duly ratifled'on both parts, and .Erab
I rtifications, Of
the respective ratifications of the same were exchanged in the city of Con- j=6 is, g.
stantinople on the 18th of June last:
Now, therefore, be it known, that I, JAMES BUCHANAN, President
of the United States of America, have caused the said treaty to be made
*public, to the end that the same, and every clause and article thereof, may
be observed and fulfilled with good faith by the United States and the
citizens thereof.
In witness whereof [ have hereuato set my hand, and caised the seal of
the United States to be afxed.
Done at the city of Washington, this eighteenth day "ofAugust,
in the year of our Lord one thousand eight hundred and fifty-
[L. S.] seven, and of the independence of the United States of
America the eighty-second.
JAMES BUCHANAN.
By the President:
Luwis CAss, &crt of S&e.

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OONVENTION WITH BADEN. JANUARX 80, 1857.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A pROCLAMATION.
WumnzAs a convention for the mutual delivery of criminals, fugitives arnuy80,1857.
from justice, in certain cases, between the United States of America and
the Grand Duchy of Baden, was concluded and signed by their respective
plenipotentiaries, at Berlin, on the thirtieth day of. January last, which
convention, being in the English and German languages, is word for word,
as follows:

Convention for the mutual delivery Vertrag zwischen den Vereinigten Peamble.
of crhiinala, fugitives from jus- Staaten von Amerika enerseits
ice, in certain cases, concluded und dem Grossherzogthum Ba-
between the United States, on den andererseits, wegen der in
the one part, and the Grand gewissen Fillen zu gewahrenden
Duchy of Baden, on the other Auslieferung der vor der Justiz
part flitchtigen Verbrecher.
Whereas it is found expedient, Da es Behuf* besserer Verwal-
for the better administration of jus- tang der Rechtsflege und ur Ver-
tice and the prevention of crime •hitung von verbrechen innerhald
within the territories and jurisdic- des Gebietes und der Gerichtsbar-
tion of the parties, respectively, that keit der contrahirenden Theile
persons committing certain heinous zweckm .' befunden worden ist,
crimes, being fugitives from justice, dass Individuen, welche gewisse
should, under certain circumstances, schwere Verbrechen begehen und
be reciprocally delivered up; and vor der Justiz fltchtig geworden
also to enumerate such crimes ex- sind, unter Umstinden gegenseitig
plicitly; and whereas the laws and ausgeiefert werden, auch dass die
constitution of Baden do not allow betreffenden Verbrechen namentlich
its government to surrender its own aufgezIhlt werden; und da die Ge-
citizens to a foreign jurisdicion, the setze und Verfassung Badens seiner
government of the United States, Regierung niht gestatten, die eige-
with a view of making the conven- nen Unterthaneu einer auswtrtigen
tion strictly reciprocal, shall be held Jurisdiction zu tiberliefern, also die
equally free from any obligation to Regierung der Vereinigten Staaten,
surrender citizens of the United mit Rfioksicht darauf, dass der Ver-
States: therefore, on the one part, trag unter strenger Reciprocitt
the United States of America, and geschlo.ssen wird, glieherweise von
on the other part, his Royal High- jeder Verpfiichtung frei sein soil,
ness the Grand Duke of Baden, BUrger der Vereinigten Staaten
having resolved to treat oiq. this auszuliefern; so haben die Verei-
subject, have, for that purpose, ap- nigten Staaten von Amerika elner-
pointed their respective plenipoten- seits nud seine Konigliehe Hoheit
tiaries to negotiate and conclude a der Grossherzog von Baden ander- NegotiatoM.
convention; that is to say, the erseits, besehlossen, tiber diesen Ge-
President of the United States of genstand zu verhanden und mu
America, Peter D. Vroom, envoy diesen Behufe ihre respectiven Be-
extraordinary and minister plenipo- vollmt.ohtigen ernant, um ene Ue-
tentiary of the United States, at the bereinkunft zu vereinbaren und
court of the kingdom of Prussia, abzuschliessen; nflmlich: Der Pr.-
vOL. XI. TREAT.-98

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CONVENTION WITH BADEN. JArUAR, 80. 1857.
and his Royal Highness the Grand I sident der Vereinigten Staaten von
Duke of Baden, Adolph, Baron Ameriks, Peter D. Vroom, ausser-
Marsehall de Bieberstein, his said ordentlichen Gesandten und bevoll-
Royal Highness' envoy extraordi- mchtigten Minister der Vereinigten
nary end minister plenipotentiaryl Stasten am Kaniglich Pressisehen
at the court of his Majesty the King Hofe; und seine Kdnigliche Hoheit
of Prussia, &c., &c., &c.; who, der Grossherzog von Baden, Adolph,
after reciprocal communication of Freiherrn Marsohall V. Bieber-
their respective powers, have agreed stein, Allerhbchst Ihren ausseror-
to and signed the following articles: dentlichen Gesandten und bevoll-
michtigten Minister an dem Hofe
Seiner Preussischen MajestA4t, &c.,
&c., &. ; welehe nach gegenseitiger
mittheilung ihrer respectiven Voll-
machten, die folgenden Artikel ver-
einbart und unterzeichnet haben:
ARTICLE X. ARTIKEL 1.

Extradition of It is agreed that the United States Man ist dahin tiberein gekommen,
criminals. and Baden shall, upon mutual requi- dean die Vereinigten Staaten und
sitions by them, or their ministers, Baden, auf gegenseitige Requisi-
officers, or authorities, respectively tionen, welche respective sie selbst
made, deliver up to justice all per- oder ihre Gesandten, Beamten, oder
sons who, being charged with the Behdrden erlassen, alle Individuen
Crimes for crime of murder, or assault with der Justiz ausliefern sollen, welche
which extradi- intent to commit murder, or piracy, besehuldight das Verbrechen des
tton shall be
made. or arson, or robbery, or forgery, or Mordes, oder eines Angriffs in mor-
the fabrication or circulation of derisoher Absicht oder des Seeraubs
counterfeit money, whether coin or oder der Brandstiflung, oder des
paper money, or the embezzlement Raubes, oder der Filschung, oder
of public moneys, committed within der Verfertigung oder Verbreitung
the jurisdiction of either party,shall falschen Geldes, sei es gemiinztes
seek an asylum, or shall be found oder Papier-geld, oder des Ddfects
within the territories of the other: oder der Unterschlagung bffentlicher
Proviso. Provided, That this shall only be Gelder, innerhalb der Gerichtsbar-
What proof of done upon such evidence of erimi- keit eines der beiden Theile began-
criminality re- nality as, according to the laws of gen zu haben, in dem Gebiete des
quired. the place where the fugitive or per- andern Theils eine zufluch suchen
son so charged shall be found, would oder dort aulgefunden werden; mit
justify his apprehension and cbm- der Beichrlinkung jedoch, dass dies
mitment for trial, if the crime or nur auf solhe Beweise fur die Straf-
offence had there been committed; barkeit geseehen soll, welche nach
and the respective judges and other den Gesetzen des Orts, we der
magistrates of the two governments Fluchtling oder das so beschuldigte
have power, jurisdiction, and Individuum afgefunden wh, dessen
authority, upon complaint made Verhafhung und Stellung vor Ge-
under oath, to issue a warrant for richt rechtfertigen wtlrden, wenn
the apprehension of the fugitive or das Verbrechen oder Vergehen
person so charged, that he may be dort begangen wire; und die re-
brought before such judges or other spectiven Richter und andere Be-
magistrates, respectively, to the end hdrden der beiden Regierutigen
that the evidence of criminality sollen macht, Befugniss und Auton-
may be heard and considered; and dtit aben, auf eidlich erhihrtete An-
if, on such hearing, the evidence be gabe einen Befehl zur Verhaftung
deemed sufficient to sustain the des Fllchtlings oder so beschuldig-
charge, it shall be the duty of the ten Individuums zu erlassen, damit
examining judge or magistrate to er vor die gedachten Richter oder
certify the same to the proper ex- andem Behdrden zu dem Zwecke

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CONVENTION WITH BADEN. JA1qUARY 80, 1857.
ecutive authority, that a warrant gesteRt werde, dass der Beveis fit
may issue for the surrender of such die Strafbarkeit gehart und in Er-
fugitive. wagung gezogen werde; und wenn
bei dieser Vernehmung der Beweis
ltdr ausreichend zur Ane t
der Bescluldigung erkamit wird,
so sol es die Pflicht des priafenden
Richters oder der Behfrde sein, eel-
bigen fir die betreffende executive
Beh~rde festzustellen, damit ein
Befehl zur Auslieferung eines sol-
ehen Fltichtlings erlassen werde
kne.
The expense of such apprehen- Die Kosten einer solchen Verhaf- EzPme how
sion and delivery shall be borne and tung und Auslieferung sollen von
defrayed by the pirty who makes det Thiel getragen und erstatet
the requisition and receives the fugi- werden, welcher die Requisition er-
tive. lisAt und den Fltlehtling in Empfang
nimmt.
Nothing in this article contained Der Inhalt diesses Artikels daf Not to extend
shall be construed to extepd to keine solche ausdelnende Ausle-.
crimes of a political character. gung erhalten, dass er auf Vebre-
cher politiseher natur anwendbar
wire.

ARTICLE IL ARTIKEL IL

Neither of the contracting parties deliver party


Keiner der contrahirenden Theie to Neither tp K
shall be bound to deliver up its own soil gehalten sein, in Genilseit dermcwnemim
citizens or subjects under the stipu- Bestimmangen dieser Uebereinkunft subjeets.
lations of this convention. seine elgenen Birger oder Unter-
thanen suszuliefern.

ARTICLE III. ARTIKEL IUL

Whenever any person accused of Wenn ein Individuum, das eines Fuve cor-
any of the crimes enumerated in der in dieser Uebereinkunft auge- f -.,
this convention shll have committed zAhlten Verbrechen angekag is, ein -sl- e of
a new crime in the territories of the neues Verbrechon in dam Gebieteame not be
State where he has sought an asy- dei Stastes begangen haben sollte, surrendered
tried for suchuntil
lum, or shall be found, such person Wo es eine Zuflueht gesuoht hat new crime, &e.
shall not be delivered up under -the oder aufgefunden wird, so soil ein
stipulations of this convention until solches Individuum nicht eher in
he shall have been tried, and shall Gemissheit der Bestimmungen die-
have received the punishment due ser Uebereinkunft ausgeliefert wer-
to such new crime, or shall have den, als bis dasselbe vor Gerieht
been acquitted thereof. gestelit worden sein und die auf ein
solches neues Verbrechen gessetzte
Strafe erltten haben odor fiwge-
sprochen sein wird.

ARTICLE IV. ARTIKEL XV.

The present convention shall con- Die gegenwartige.Uebereinkunft Duration of


tinue in force until the first of Janu- soll bis sum Isten Januar, eintau- convention.
ary, one thousand eight hundred send acht hundert und sechzig
and sixty, (1860;) and if neither (1860;) in Kraft bleiben, und wenn

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f16 CONVENTION WITH BADEN. JurART 80, 1857.
party shall have given to the other kein Theil dem andern sochs Monate
six months' previous notice of its vorher Mittheilung-von seiner Ab-
intention then to terminate the same, sicht macht, dieselbe dann aufzuhe-
it shall further remain in force until ben, so soil sie ferner in Kraft blei
the end of twelve months after either ben bis zu dem Ablauf von zwblf
of the high contracting parties shall Monaten, nachdem einer der hohen
have given notice to the other of contrahirenden Theile deni andern
such intention; each of the high von einer solchen Absicht Kennt-
contracting parties reserving to it- niss gegeben hat; wobei jeder der
self the right of giving such notice hohen contrahirenden Theile sich
to the other at any time after the dass Becht vorbeilt dom andern
expiration of the said first day of eine solche Mittheilung zu jeder
January, one thousand eight hun- Zeit nach dem Ablauf des gedach-
dred and sixty, (1860). ten ersten Januar, eintausend acht
hundert und sechzig, (1860,) zuge-
hen zu lassen.

ARTIOLS V. .&fTIKEL V.

Ratificatim The present convention shall be Die gegenwIrtige Uebereinkunft


ratified by the President, by and soll ratificirt werden von dem Prk-
with the advice and consent of the sidenten unter und mit der Geneh-
Senate of the United States, and by migung und Zustimmung des Sena-
the government of Baden, and the tes der Vereinigten Staaten und von
ratifications shall be exchanged in der Badischen Regierung, und die
Berlin, within one year from the Ratificationen sollen zu Berlin in-
date hereof, or sooner, if possible. nerhalb eines Jahres von dent hen-
tigen Datum, oderwomaglichfrliher
ausgeweebselt werden.
sgaures. In faith whereof the respective Zu Urkunde dessen haben die
plenipotentiaries have signed this respectiven Bevollamlihgten. diese
convention, and have hereunto af- Ueberemnkunft untzerslchnet und
fixed their seals. hierunter ihre Siegel beigedTlekt.
Done in duplicate at Berlin, the Zu zweifacer Ausfertigang ge-
thirtieth day of January, one thou- schehen zu Berlin den dreldgsten
sand eight hundred and fifty-seven, Januar des Jalres eintausend acht
(1857,) and the eighty-first year of hundert und sieben nd f &nand
the independence of the United im ein und achtzigsten Jahre der
State& Unabbigngigkeit der Vereinigten
P. D. VROOM, [L. S. Staoden. aPETER . D. VROOM, [L. S.]
ADOLPH BAI. MARSCHALL ADOLPH FRHR. MARCHALL
DE BIEBERSTEIN, [L. s.]. VON BIEBERSTEIN, [L. 9.]
Exiihage of And whereas the said convention has been duly ratified on both parts,
ratificatons 1 and the respective ratifications of the same were exchanged at Berlin, on
April 21, 1857.
the 21st ultimo, by Peter D. Vroom, envoy extraordinary and minister
plenipotentiary of the United States, and Adolph, Baron Mamschall de
Bieberstein, envoy extraordinary and minister pleuipotentiary of his Royal
Highness the Gnmd Duke of Baden, at the court of his Majesty the King
of Prussia, on the part of their respective governments: *
Now, therefore'be it known, thatI, JAMES BUCHANAN, President of
the United States of America, have caused the said convention to be made
public, to the end that the same and every clause and article thereof may
be observed and fulfilled with good faith by the United States and the
citizens thereof.

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CONVENTION WITH BADEN. JANiYA3Y 30, 1857. 717

In witness whereof I have hereunto set my hand and caused the seal of
the United States to be affmxed.
Done at the city of Washington, this nineteenth daj of May, in
the year of our Lord one thousand eight hundred and fifty-
[L. S.] seven, and of the independence of the Unitel States of
America the eighty-first. BUCHANAN.
By the President:
Lzwis CAss, Secry of &at.

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CONVENTION WITH DENMARK APmL 11, 1857.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.
WrnuAs a convention between the United States of America and his April 11,15r7.
Majesty the King of Denmark, for the discontinuance of the Sound dues, Preamble.
was concluded and signed by their respective plenipotentiaries at Wash-
ington, on the eleventh day of April last, which convention is word for
word as follows:

The United States of America and his Majesty the King of Denmark,
being desirous to terminate amicably the differences which have arisen
between them in regard to the tolls levied by Denmark on-American ves-
sdls and their cargoes passing through the Sound and Belts, and commonly
called the Sound dues, have resolved to conclude a convention for that
purpose, and have named as their plenipotentiaries, that is to say, the
President of the United States, Lewis Cass, Secretary of State of the NegOtatots
United Statei, and his Majesty the King of Denmark, Torben Bille,
Esquire, Knight of the Dafinebrog, and decorated with the Cross of Honor
of the same order, his said Majesty's ohargo d'afaires near the govern-
ment of the United States, who, after having communicated to each other
their full powers in due form, have agreed to and signed the following
articles:
AuTICLE I. His Majesty the King of Denmaik declares entire freedom Wavigation of
of the navigation of the Sound and the Belts in favor of American vessels teelt and
and their cargoes, from and forever after the day when this convention to Amrloanvea-
shall go into effect as hereinafter provided. And it is hereby agreed that eels
American vessels and their cargoes, after that day, shall not be subject to
any chaes whatever in passing the Sound or the Belts, or to any deten-
tion in the said waters, and both governments will concur, if occasion
should require it, in taking measures to prevent abuse of the free flag of
the United States by the shipping of other nations which shall not have
secured the same freedom and exemption from charges enjoyed by that
of the United States.
AiRTI L IL His Danish Majesty further engages that the passages of Passades of
the Sound and Belts shall continue to be lighted and buoyed as heretofore Bound and Belts
to be lighted and
without any charge upon American vessels or their cargoes on passing the buoyed as here-
Sound and the Belts, and that the present establishments of Danish pilots outo,ehreto . with-
in these waters shall continue to be maintained by Denmark. His Danish Ameriean ves-
Majesty.agreed to make such additions and improvements in regard to the sle.
lights, buoys, and pilot establishments in these waters as circumstances
and the increasing trade of the Baltic may require. He further engages
that no charge shall be made, in consequence of such additions and im-
provements, on American ships and their cargoes passing through the
Sound and the Belts.
It is understood, however, to be optional for the masters of American Masters of
vessels either to. employ, in the said waters, Danish pilots, at reasonable Amrlanveme
rates fixed by the Danish government, or to navigate their vessels without my e0o
such assistance. otherwise.
AzTIOLE IIL In eansideration of the foregoing agreements and stipula* United States
n-
tion on the part of Denmark, whereby the free and unuincumbered navi- to De
gation o? American vessels through the Sound and he Belts is forever

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M) CONVENTION WrI DENMAK] - Agx II, 1857.
oh. S. ecured, the United States agree to pay to the government of Denmark,
,e. 2. once for all, the sum of seven hundred and seventeen thousand eight hun-
p.
'eL .dred and twenty-nine fix dollars, or its equivalent, three hundred and'
ninety-three thousand and eleven dollars in United States currency, at
London, on the day when the said convention shall go into full effect, as
herein afterwards provided..
Citzens of the' , AxRTIoLE IV. It is further agreed that any other or further privileges,
Unt Mate- to rights, or advantages which may have been, or may be, granted by Den-
O _ anmark to the commerce and navigation of any other nation at the Sound
ed by Denmark' and Belts, or on her coasts and in her harbors, with reference to the transit
tocoynaee of by land through Danish terriory of merchandise belonging to the citizens
Say nation, or subjects of such nation, shall also be fully extended to, and enjoyed by,
the citizens of the United States, and by their vessels and property in that
quarter.
Convention of ARTICLE V. The general convention of friendship, commerce, and navi.
April , gation, concluded between the United States and his Majesty the King
Sbeati- of Denmark, on the twenty-sixth of April, 1826, and which was abrogated
on the fifteenth of April, 1856, and the provisions contained in each and
VoL v111.p. m. all of its articles, the fifth article alone excepted, shall, after the ratification
of this present convention, again become binding upon the United States
and Denmark; it being, howbver, understood, that a year's notice shall
suffice for the abrogation of the stipulations of the said convention hereby
renewed.
When conven- ARTIOLE VI. The present convention shall take effect as soon as the
tIe t tk laws to carry it into operation shall be passed by the governments of the
effet. contracting parties, and the sum stipulated to be paid by the United States
shall be received by, or tendered to, Denmark; and for the fulfilment of
these purposes, a period not exceeding twelve months from the signing of
this convention shall be allowed.
. But if, in the interval, an earlier day shall be fixed upon and carried
into effect for a free navigation through the Sound and Belts in favor of
any other power or powers, the same shall simultaneously be extended
to the vessels of the United States and their cargoes, in anticipation of
1858, e. 8. the payment of the sum stipulated in Article ILL; it being understood,
Ato, p. 261. however, that in that event the government of the United States shall also
pay to that of .Denmark four per cent. interest on the said sum, from the
day the said immunity shall have gone into operation until the principal
shall have been paid as aforesaid.
atifcatio. ARTICLE VII. The present convention shall be duly ratified, and the
exchange of ratifications shall take place in Washington within ten months
from the date hereof, or sooner if practicable.
In faith whereof, the respective plenipotentiaries have signed the present
convention, in duplicate, and have thereunto affixed their seals.
Signatures. Done at Washington, this eleventh day of April, in the year of our
Lord one thousand eight hundred and fifty-seven, and of the independence
of the United States the eighty-first. LEWIS CASS.
TORBEN BILLE. . s.
Exchange of And whereas the said convention has been duly ratified on both parts,
tations. and the respective ratifications of the same were exchanged in the city
of Washington on the twelftf instant, by Lewis Cass, Secretary of State
of the United States, and W. de Raasloff, his Danish Majesty's charg6.
d'affiires and consul-general in the United States, on the part of their re-
spective governments:
Now, therefore, be it known, that I, JAMES BUCHANAN, President
of the United States of America, have caused the said convention to be
made public, to the end that the same, and every clause and article thereof,

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CONVENTION WITH DENMARL Apm 11, 1857. 721

may be observed and fufilled with good faith by the United States and
the citizens thereof.
In witness whereof, I have hereunto set.my band, and caused the seal
of the United States to be affixed.
Done in the city of Washington, this thirteenth day of January,
in the year of bur Lord one thousand eight hundred and
[L. s.] fifty-eight, and of the independence of the United States the
eighty-second.
JAMES BUCHANAN.
By the President:
LuWIS Ciss, &efadn of &w&

VOL. XL, 'i¥w--9

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TREATY WITH JAPAN. JmE. 17, 1857.

Teaty between the United Sates of America and the Emipire of Japan,
Comclvdd at Siuda, June 17,1857. Bafted k dw Awden of the
United &tatee .Twe 80, 1858. Poclaimed g the Preidme of the
United Sates, June 80, 1858.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMAT[ON. June Ir, 185T.


.WHiazAS a convention between the United States and the Empire of Preamble.
Japan, for the purpose of further regulating the intercourse of American
citizens within the Empire of Japan, was concluded and signed at Simoda,
on the seventeenth day of June, eighteen hundred and fifty-seven, the
English version of which convention-it being in the English, Japanese,
and Datch languages-is word for word as follows:
For the purpose of further regulating the intercourse of American citi- Negotiators.
zens within the empire of Japan, and, after~due deliberation, his excellency
Townsend Harris, consul-general of the United States of America for the
Empire of Japan, and their excollencies Inowouye Prince of Sinano, and
Nakamoera, Prince of Dewa, governors of Simoda, all having full powers
from their respective governments, have agreed on the following articles,
to wit:--
ARTIoL I. The port of Nangasak in the principality of Hizen, shall Port of Nanss.a
be open to American vessels, where they may reliair damages, procure kt to be open to
water, fuel," provisions, and other necessary articles, even coals, where they gels.
are obtainable.
ARTICLE IL It being known that American ships coming to the ports American cti-
of Simoda and Hakodade cannot have their wants supplied by the Japan- s, my reside
ese, it is agreed that American citizens may permanently reside at Simoda gaodd
and Hakodade, and the government of the United States may appoint a Vice-consu at
vice-consul to reside at Hakodade. Eakodade.
This article to go into effect on the fourth day of July, eighteen hun- Ths artile to
dred fty-eight. tak855.ec July
ARTICLE III. In settlement of accounts the value of the money brought Relative Value of
by the Americans shall be ascertained by weighing it with Japanese coin, American and
(gold and silver itsebues,) that is, gold with gold and silver with silver, or Japanese coin.
weights representing Japanese coin may be used, after such weights have
been carefully examined and found to be correct.
The value of the money of the Americans having been thus ascer- AU 0 owan for
tained, the sum of six per cent. shall be allowed to the Japanese for the reco ge.
expense of recoinage.
ARTICLE IV. Americans commiting offences In Japan shall be tried by Jcridletion of
the American consul-general or consl, and shall be punished according to off enoe.
American laws.
Japanese committing offences against Americans shall be tried by the
Japanese authorities, and punished according to Japanese laws.
ARTICLE V. American ships which may resort to the ports of Simoda, Mediumn of ex-
Hakodade, or Nangasald, for the purpose of obtaining necessary supplies, Ohang 1w.
or to repair damages, shall pay for them in-gold or silver coin, and if they
have no money, goods shall be taken in exchange.
ARTICL z VL The government of Japan admits the right of his excel- RItght. of consul-
leney the consul-general of the United States to go beyond the limits of general,
Seven Ri, but has asked him to delay the use of that right, except in
eases of emergency, shipwreck, &c., to which he has asented.

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71WA 'TREATY: WIT1H .T&PA~'. -, Xu 17, 1857.
Purchases for A&TcLz VI . Purchases for his excellency the consul-general, or his
hon -general, family, may be made by him only, or by some member of his family, and
ow' .made. payment made to the seller, for the same, without the intervention of any
Japanese official, and for this purpose Japanese silver and copper coin shall
be supplied to his excellency the consul-general.
The Dutch ver- ARTIOL VII. As his excellency the consul-general of the United
slon of these
articles to be States of America has no knowledge of the Japanese language, nor their
taken to pe the excellencies the governors of $imoda, a knowledge of the
English lan-
true meaning. guage, it is agreed that the true meaning shall be found in the Dutch ver-
sion of the articles.
When to take AISTILU IX. All the foregoing articles shall go into effect from the
Afihot. date hereof, except article two, which shall go into effect on the date indi-
cated in it.
Signature Done In quintuplicate, (each copy being in English, Japanese, and
lne 1', 157. Dutch,) at the Goyosso of Simoda, on the seventeenth day of June, in the
year of the Christian era eighteen hundred fifty-seven, and of the Inde-
pendence of the United States of America the eighty-first, corresponding
to the fourth Japanese year of Ansei,.Mi, the fifth month, the twenty-sixth
day,the
of theUnited
EnglishStates
version
of being signed
America, andbythe
his Japanese
excellencyversion
the consul-general
by their en-

cellenies the governors of Simoda


TEOWNSEND HARRIS, [L. a.]
lttiecation. And whereas the said convention has been duly ratified:

Now, therefore, be it known, that I, JAMES BUCHANAN, President


Proclaimed June of the. United States of America, have caused the said convention to be
30, 1855. made public, to the end that the same and every clause and article thereof
may be observed and fulfilled with good faith by the United States and
the citizens thereof.
In witness whereof; I have hereunto set my hand, and caused the seal
the United States to be rf
affixed.

Done at the city of Washingtn, this thirtieth day of June, in


the year of our Lord one thousand eight hundred and fifty.
fTL. a.) eight, and of the Independence of the United States of
America the eighty-second.
JAMES BUCHANANr.
By the.Presdeat:
Lw
thre CAs, citizen of

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