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And whereas the said amendments having been submitted and ex-
plained to the Chickasaw Indians in Council assembled, the mid Chicka-
saws did, on the sixteenth day of October, one thousand eight hundred
and fifty-two, assent to said treaty as amended by the Senate, in words
following, to wit:
Whereas by an act of the General Council of the Chickasaws, passed
7th February, 1852, Colonel Edmund Pickens, Benjamin S. Love, and
Sampson Folsom, were appointed Commissioners on behalf of the Chicka-
saw people to negotiate a Treaty with the United States, and the said
Commissioners having, on the 22d June, 1802, concluded a Treaty with
FRANKLIN PIERCE,
PRESIDENT OF THE UNITED STATES OF AMERICA: July I, 182.
WHERAS a Treaty was made and iondluded at Santa Fd, New Mexi- Preamble.
co, on the first day of July, in the year of our Lord one thousand eight
hundred and fifty-two, by and between Col. E. V. Sumner, U. S. A.,
commanding the 9th Department, and in charge of the Executivb Office
of New Mexico, and John Greiner, Indian Agent in and for the Terri-
tory of New Mexico, and acting Superintendent of Indian Affairs of said
Territory, representing the United States, and Cuentas Azules, Blancito,
Negrito, Captain Simon, Captain Vuelta, and Mangus Colorado, chiefs,
acting on the part of the Apache nation of Indians, situate and living
within the limits of the United States, which treaty is in the words fol-
lowing, to wit:
Articles of a Treaty made and entered into at Santa Fd, New Mexico,
on the first day of July in the year of our Lord one thousand eight
hundred and fifty-two, by and between Col. E. V. Sumner, U. S. A.,
commanding the 9 Department and in charge of the Execative Office of
New Mexico, and John" Greiner, Indian Agent in and for the Territory
of New Mexico, and acting Superintendent of Indian Affairs of said
Territory, representing the United States, and Cuentas, Azules, Blancito,
Negrito, Capitan Simon, Capitan Vuelta, and Mangus Colorado, chiefs,
acting on the part of the Apache Nation of Indians, situate and living
within the limits of the United States.
ARTICLE 1. Said nation or tribe of Indians through their authorized Authority of
Chiefs aforesaid do hereby acknowledge and declare that they are law- United States
fully and exclusively under the laws, jurisdiction, and government of the aenowledged.
United States of America, and to its power and authority they do hereby
submit.
ARTICLE 2. From and after the signing of this Treaty hostilities Peace to exist.
between the contracting parties shall forever cease, and perpetual peace
and amity shall forever exist between said Indians and the government
and people of the United States; the said nation, or tribe of Indians, The Aplahes
hereby binding themselves most solemnly never to associate with or give not othertotribes
assist
countenance or aid to any tribe or band of Indians, or other persons or hostities. in
powers, who may be at any time at war or enmity with the government
or people of said United States.
ARTICLE B. Said nation, or tribe of Indians, do hereby bind them- Good treat-
selves for all future time to treat honestly and humanely all citizens of et of citizen
the United States, with whom they may have intercourse, as well as all of the United
States by na-
persons and powers, at peace with the said United States, who may be tns at peace
lawfully among them, or with whom the ma have any lawful intercourse. i them.
ARTICLE 4. All said nation, or tribe of Indans, hereby bind them- Cases of eg-
selves to refer all cases of aggression against themselves or their property 908l on- them
and territory, to the government of the United States for adjustment, and toben d to
to conform in all things to the laws, rules, and regulations of said govern- Laws to be
ment in regard to the Indian tribes. conformed to.
ARTICLE 5. Said nation, or tribe of Indians, do hereby bind them- Provisions
selves for all future time to desist and refrain from making any 1 incur-eumsaaee ra"in ur-
ito Nexi-
sions within the Territory of Mexico" of a hostile or predatory character; co.
and that they will for the future refrain from taking and conveying into
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 twenty-third day of March, one thousand eight hundred and fifty-
ARTIOLN IL ARTMrL IL
Neither party shall impose upon Geene der partyen =1 op de Tonnage, &e.
the vessels of the other, whether schepen der andere hetzty deselve duties.
carrying cargoes or arriving in bal- ladingen san brengen of in ballast
last from either of the tw9 countries, aankomen, van een der beide landen
De tegenwoordige overeenkomst
Ctin ftde The present arrangement does not strekt zich niet nit tot den kusthan-
and h .xextend to the coasting trade and
epted. fisheries of the two .countries re- del en tot de visscheryen van elk
der beide landen, welke nitsluitend
Their iJpoA- spectively, which are exclusively al- vergund fyn aan nationale schepen;
tion. lowed to national vessels: it being
moreover understood, that, in the
zynde men daarenboven overeenge
komen, dat, met, opzlgt tot den No-
East Indian Archipelago of the Ne- derlandschen Oost Indischon Archi-
therlands, the trade from island to pel, de handel van bet eene eiland
island is considered as coasting op bet andere besehouwd wordt als
trade, and likewise in the United kusthandel, en evenzoo, met opzigt
States, the trade between their ports tot de Vereenigde Staten, do handel
on the Atlantic and their ports on tussehen de havens dier Staten aan
the Pacific; and if, at any time, den Atlantischen oceean en die anh
either the Netherlands or the Uni- de Stille Zuidzee gelegen; byaldien
ted States shall allow to any other echter to eeniger tyd, hetzy de Ne.
nation the whole or any part of the derlanden, hetzy de Vereenigde Sta-
said coasting trade, the same trade ten, aan eenige andere natie den
shall be allowed on the same foot-
geheelen of eenig gedeelte van
ing and. to the same extent, to the gezegden kusthandel, sullen toes-
other party. It being, however, taa, dan zal diezelfde handel op
expressly understood and agreed, gelyken voet en in dezelfde nitges-
that nothing in this article shall trektheid ook aan de andere Party,
prevent the vessels of either nation worden toegestaan, Niettemkin is nit-
from entering and landing a portion drukkelyk over eengekomen en
of their inward cargoes at one port goedgevonden, dat niets van bet
of the other nation, and then pro- in dit artikel bepaalde de schepen
ceeding to any other port or ports
of the same, to enter and land the
der beide nation zal verhinderen
remainder, nor from preventing een gedeelte van hunne ten aivoer
them in like manner from load-
bestemde lading in eene haven van
ing a portion of their outward car- de andere natie binnen to brengen
goes at one port and proceeding to
en to lossen, en daara naar eene
anQther port or ports to complete andere haven of nas andere havens
their lading, such landing or lading
van dezelfde natie to vertrokken,
om aldaar het overige der lading
to be done under the same rules binnen to voeren en to losen; noch
and regulations as the two govern-
ments may respectively establish
hen zal beletten, op gelyke wyze, en
for their national vessels in like gedeelte van hunne ten nitvoer best-
cases. ende lading in cone haven binnen te
nemen, en dan naar eene andere
haven of uar andere havens to ver-
trekken, om hunne lading aaute-
vullen; moetende zoodanig losme
of laden geachieden volgens de ye-
rordeningen en bepalingen als door
do belde Regeridgen respectivelyk
zullen zyn vastgesteld voor hunne
national. schepen in gelyke geva-
len.
A PROCLAMATION.
WHP-RKLS a Convention between the United States of America and
Her Britannic Majesty, was concluded and signed by their respective
Plenipotentiaries at London on the eight day of February last, which
Convention is, word for word, as follows:
Preamble. Whereas claims have, at various times since the signature of the Treaty
of Peace and Friendship between the United States of America and
Great Britain, concluded at Ghent on the 24th of December, 1814, been
made upon the Government of the United States on the part of corpora-
tions, companies, and private individuals, subjects of her Britannic Ma-
jesty, and upon the Government of her Britannic Majesty on the part
of corporations, companies, and private individuals, citizens of the United
States; and whereas some of such claims are still pending, and remain
unsettled, the President of the United States of America, and her Ma-
jesty the Queen of the United Kingdom of Great Britain and Ireland,
being of opinion that a speedy and equitable settlement of all such claims
will contribute much to the maintenance of the friendly feelings which
subsist between the two countries, have resolved to make arrangements
for that purpose by means of a Convention, and have named as their
Plenipotentiaries to confer and agree thereupon -that is to say-
Negotators. The President of the United States of America, Joseph Reed Inger-
soll, Envoy Extraordinary and Minister Plenipotentiary of the United
States to her Britannic Majesty;
And her Majesty the Queen of the United Kingdom of Great Britain
,and Ireland, the Right Honorable John Russell, (commonly called Lord'
'John Russell,) a member of her Britannic Majesty's Most Honorable
Privy Council, a member of Parliament, and her Britannic Majesty's
Principal Secretary of State for Foreign Affairs;
Who, after having communicated to each other their respective full
powers, found in good and due form, have agreed as follows:
ARTiCLz L
All clams, on The High Contracting Parties agree that all claims on the part of eor-
either party, to
h refed to porartons, companies, or private individuals, citizens of the United States,
commissioners. upon the Government of her Britannic Majesty, and all claims on the
p art of corporations, companies, or private individuals, subjects of her
ritannie Majesty, upon the Government of the United States, which
may have been presented to either government for its interposition with
the other since the signature of the Treaty of Peace and Friendship,
concluded between the United States of America, and Great Britain 'at
Ghent, on the 24th of December, 1814, and which yet remain unsettled,
as well as any other such claims, which may be presented within the
time specified in article III, hereinafter, shall be referred to two commis-
say: One
How appoint- sioners, to be appointed in the following manner- that is to States,
a&. commissioner shall be named by the President of the United and
one by her Britannic Majesty. In case of the death, absence, or incapacity
of either commissioner, or in the event of either commissioner omitting
or ceasing to act ap such, the President of the United States, or her Bri-
tannic Majesty, respectively, shall forthwith name another person to act as
AR TicL IL
The commissioners shall then forthwith conjointly proceed to the in- Invetagagon
vestigation of the claims which shall be presented to their notice. They of olaim
shall investigate and decide upon such claims, in such order, and in such
manner,,as they may conjointly think proper, but upon such evidence
or information only as shall be furnished by or on behalf of their
respective governments. They shall be bound to receive and pe-
ruse all written documents or statements which may be presented
to them by or on behalf of their respective governments, in sup.
port of, or in answer to, any claim; and to hear, if required, one per-
son on each side, on behalf of each government, as counsel or agent for such
government, on each and every separate claim. Should they fail to
agree in opinion upon any individual claim, they shall call to their assistance
the arbitrator or umpire whom they may have agreed to name, or who
may be determined by lot, as the case may be; and such arbitrator or-
umpire, after having examined the evidence adduced for and against the
claim, and after havizig heard, if required, one person on each side as
aforesaid, and consulted with the commissioners, shall decide thereupon
finally, and without appeal. The decision of the commissioners, and of
the arbitrator or umpire, shall be given upon each claim in writing. and
shall be signed by them respectively. It shall be competent for each go- Agent.
vernment to name one person to attend the commissioners as agent on
its behalf, to present and support claims on its behalf, and to answer
claims made upon it, and to represent it generally in all matters con-
necteJ with the investigation and decision thereof.
The President of the United States of America, und her Majesty the Deeionnmade
Queen of the United Kingdom of Great Britain and Ireland, hereby so- final.
lenmnly and sincerely engage to consider the decision of the commissioners
AETizOu IV.
AnTIOLE V.
P poceeInsof
The High Contracting Parties engage to consider the result of the
e t bi. fa proceedings of this commission as a full, perfect, and final setiement of
of ail clm&, every claim upon either government arising out of any transaction of a
date prior to the exchange of the ratifications of the present Vonvention ;
and further engage that every such claim, whether or not the same may
have been presented to the notice of, made, preferred, or laid before the
said commission, shall, from and after the conclusion of the proceedings
of the said commission, be considered and 'treated as finally settled, bar-
red, and thenceforth inadmissible.
AnTiCLz VI.
ecord. The commissioners, and the arbitrator or umpire, shall keep an ac-
curate record, and correct minutes or notes of all their proceedings, with
the dates thereof, and shall appoint and employ a clerk, or other persons,
to assist them in the transaetion of the business which may come before
them.
sslaryofcom- ah government shall pay to its commissioner an amount of salary
msioers. not exceeding three thousand dollars, or six hundred and twenty pounds
sterling, a year, which amount shall be the same for both govern-
ments.
The amount of salary to be paid to the arbitrator (or arbitrators,
as the case may be) shall be determined by mutual consent at the close
of the commission.
And whereas the said Convention has been duly ratified on both parts,
and the respective ratifications of the same were exchanged at London on
the twenty-sixth ultimo, by Jos m B. INGERSOLL, Fq., Envoy Ektraor-
dinary and Minister Plenipotentiary of the United States at the Court
of St. James, and the Earl of Clarendon, Her Britannic Majesty's Prin-
cipal Secretary of State for Foreign Affairs, on the part of their re-
spective Governments:
A PROCLAMATION.
Wmiwus a Consular Convention between the -Uited States of Ame-
rica and His Majesty the Emperor of the French, was concluded and
signed in this city, by their respective plenipotentiaries, on the- twenty-
third da of February last, which Convention as amended by the Senate
of the United States, and being in the English and French languages, is
word for word, as follows:
ARTiCLz L ARTICLz L
Inquatom. The consuls general, consuls, and Les consuls g6ndraux, consuls,
vice-consuls, or consular agents of vice-consuls ou agents consulaires
ARTICLE V. ARTICLE V.
The respective consuls genera, Les consuls gdbdraux et consuls Vice-onsuls
and consuls, shall be free to esta- respectifs seront libres d'tablir,"d agents.
blish, in such parts of their districts dans tels lleux de leur arrondisse-
as they may see fit, vice-consuls, or ment o ilsle jugeront utile, des
consular agents, who may be taken vice-consuls on agents consulaires,
indiscriminately from among Ame- qui pourront 6tre choisis indistincte-
ricans of the United States, French- ment parmi lee Frangais, les Amd-
men, or citizens of other countries. ricains des Etats Unis ou les cito-
These agents, whose nomination, it yens des autres pays. Ces agents,
is understood, shall be suomitted to dont la nomination sere soumise,
the aproval of the respective go- bien entendu, k rapprobation des
vernments, shall be provided with a gouvernements respectifs, seront
certificate given to them by the con- munis d'un brevet delivr6 par Is
sul by whom they are named, and consul, qui les aura institus et sous
under whose orders they are to act. lee ordres du quel is agiront.
Right to hold In all the States of the Union, Dana tous lea Etats de lUnion
PrO- i the whose existing laws permit i, so oil lea lois actuelles le permettent,
ecour- long and to the same extent as the aussi longtems que lea dites lois
said laws shall remain in force, resteront en vigueur, et avec leur
Frenchmen shall enjoy the right of m~me portde, les Frangais jouiront
possessing personal and real pro- du droit de possder des biens
perty by the same title and in the meubles et immeubles, au m6me
same manner as the citizens of the titre et de la mime manibre que les
United States. They shall be free citoyens des Etats Unis: ils pour-
to dispose of it as they may please, rent en disposer librement et sans
either gratuitously or for value re- reserve, h titre gratuit ou ondreux,
ceived, by donation, testament, or par donation, testament on autre-
otherwise, just as those citizens ment, comme les habitants eux-
themselves; and in no case shall m~mes et ne seront, dans aucun cas,
they be subjected to taxes on trans- soumis 4 des droits de mutation, de
fer, inheritance, or any others dif- succession on autres diffdrents do
ferent from those paid by the latter, ceux payis par ces derniers, ou h
or to taxes which shall not be equal- des taxes qui ne leur seraient pas
ly imposed. dgalement imposdes.
As to the States of the Union, by Quant aux Etats de l'Union, dont
whose existing laws aliens are not Is legislation actuelle ne permet pas
permitted to hold real estate, the aux 6trangers de possdder des biens
President engages to recommend to immeubles, le President s'engage h
them the passage of such laws as leur recommander de passer lea lois
may be necessary for the purpose ndessaires pour leur conferer ce
of conferring this right. droit.
In like manner, but with the re- De m6me et en se riservant tou-
servation of the ulterior right of es- tefois la facult/4 d'appliquer ult~rieu-
tablishing reciprocity in regard to rement Ia rciprocitd, en matibre de
possession and inheritance, the go- possession et de succession, le gou-
venment of France accords to the vernement Frangais reconnait aux
citizens of the United States, the citoyens des Etats Unis le droit de
same. rights within its territory in jouir en France, en mati~re de pro-
respect to real and personal proper- pri~td mobilibre, immobilibre et de
ty, and to inheritance, as are en- succession, du traitemefit identique
joyed there by its own citizens. dontjouissent en France en pareille
matibre, lea citoyens Frangais.
ARTICLE VIII. ARTICLE VIII.
The respective consuls general, Les consuls gdnraux, consuls, casof des.
consuls, vice-consuls, or consular vice-consuls on agents consulairestori fo vessels.
agents, may arrest the offloers, sail- respectifs pourront faire arr~ter leo
ors, and all other persons making officiers, matelots et toutes leo antres
part of the crews of ships-of-war, personnes faisant partie des dqui-
or merchant vessels of their nation, pages, hi quelque titre que ce soft,
who may be guilty or be accused of des bitimens de guerre on de com-
having deserted said ships and ves- merce de leur nation, qui seraient
sels, for the purpose of sending them pr6venus ou accusds d'avoir ddsertd
on board, or back to their country. des dits btimens, pour les renvoyer
To that end, the consuls of France it bord, on les transporter dam leurs
in the United States, shall apply to pays. A cot effet ils s'adresseront,
the magistrates designated in the les consuls de France anx Etats
act of Congress, of May 4, 1826 Unis aix magistrats d6sig6s dana
- that is to say, indiscriminately to racte du Congr du 4 Mai, 1826,
any of the federal, State, or munici- e'est h dire indistinetement it toutes
pal authorities; and the consuls of lea autoritds fddbrales, d'Etat ou
the United States in France, shall municipales; lea consuls des Etats
apply to any of the competent au- Unis en France, it toutes lea autori-
thorities and make a request in tds compdtentes ; et lour feront par
writing for the deserters, supporting 6crit la demande de ces ddserteurs,
it by an exhibition of-the registers en justiflut, par l'exhibition des re-
of the vessel and list of the crew, gistres du batiment on du r6le d'e-
or by other official documents, to quipage ou par d'autres documents
show that the men whom they claim officiels, que ls hommes qu'ils r6-
belonged to said crew. Upon such clament faisaient partie du dit 6qui-
request alone, thus supported, and page. Sur cette seule demande
without the exaction oF any oath ainsi justifide, et sans qu'aucun ser-
from the consuls, the deserters, not ment puisse tre exigO des consuls,
being citizens of the country where la remise des d6serteurs ne pourra
the demand is made, either at the leur dtre refuse, it moins qu'i no
time of their shipping or of their soit dfiment prouvd qu'is dtaient ci-
arrival in the port, shall be given up toyens du pays, oil rextradition est
to them. All aid and protection r6clamne, an moment de leur in-
shall be fui'nished them for the pur- scription our le r6le on de leur ar-
suit, seizure, and arrest of the de- riv6e an port du d6barquement: il
serters, who shall even be put and leur ser donnd toute aide et pro-
AnTioLB X AurTiCL X
Protests, &o. The respective consuls general, Les consuls g~ndraux, consuls,
consuls, vice-consuls, or consular vice-consuls on agents consulaires
agents, shall receive the declarations, respetifs recevront lea d6claations,
protests, and reports of all captains protestations et rapports de tons
of vessels of their nation in refer- capitaines de batiments de leur na-
ence to injuries experienced at sea; tion, pour raison d'avaries essuydes
they shall examine and take note k la mer; ils feront proobder A la
of the stowage; and when there onstatation de l'arrimage, et ils se-
are no stipulations to the contrary ront, h molns de stipulations con-
between the. owners, freighters, or traires entre lea armateurs, lea char-
reaprs of v.- insurers, they shall be charged with geurs et lea assureurs, charg6s du
NeL the repairs. If any inhabitants of soin de r6gler ces avaries. Si des
the country in which the consuls re- habitants da pays, o& rdsident lea
side, or citizens of a third nation, consuls, on des citoyens d'une tierce
are interested in the matter, and the nation se trouvaient inthressds dans
parties cannot agree, the competent lea dites avaries, et que lea parties
local authority shall decide. ne pussent s'entendre A raimable, le
recours k l'autorit locale ompd-
tente serait de droit.
sures for the protection of persons saires pour la protection des indivi-
and the preservation of property. dus et i conservation des effets
The local authorities shall not .nufragds.
otherwise interfere than for the Les autoritds locales n'auront
maintenance of order, the protection d'ailleurs k intervenir que pour
of the interests of the salvors, if maintenir l'ordre, garantir les intd-
they do not belong to the crews that r ts des sauveteurs, sails sout itran-
have been wrecked, and to carry gers aux dquipages naufts&, et
into effect the arrangements made assurer, l'ex~eution des dispositions
for the entry and exportation of the &observer, pour r'entr~e et la sortie
merchandise saved. des marchandises sauv4es.
It is understood that such mer- I est bien entendu que ces mar-
chandise shall not be subjected to chandises ne seront tenues &aucun
any custom-house duty if it is to be droit de douane, ai elles doivent itre
regxported, and, if it be entered for r~export~es, et que, si elles sont ad-
consumption, a diminution of such mises h la consommation, on leur
duty shall be allowed in conformity acordera les moddrations de droits
with the regulations of the respec- consacr6es par a l6gislation doua-
tive countries. nitre des pays respectif.
A3TCLE XII. ARTiCLE XIL
A PROCLAMATION.
oaing and Consequently, the said vessels Por consiguiente, ditos buques
unaf* shall be admitted to remain, load, serin admitidos A permanecer, ear-
and unload in the places and ports gar y descargar en los lugares y.
of the Argentine Confederation puertos de ]a Confederacion Argen-
which are open for that purpose. tina habilitados para ese objeto.
AnTICLE IlL AxTiouLo II.
Bemons and The Government of the Argen- El Gobierno de Ia Confederaclon
ak. tine Confederation, being desirous Argentina, deseando proporcionar
to provide every facility for interior toda facilidad A I navegacion inte-
navigation, agrees to maintain bea- rior, se compromete A mantenei va-
cons and marks pointing out the lizsA y marcas quo seftalen los ca.
dmnnels. nales.
ARTIOL IV. ARTCULO IV.
Unifonn system A uniform system shall be estab- Se estableeerA por las autoridades
for -ollc
on lished by the competent authorities competentes de la onfederacion, un
duga =ndues of the Confederation, for the collec- sistema uniforme par a remc~da-
tion of the custom-house duties, har- lon do los- derechos de aduana, pu-
bor, lights, police, and pilotage dues, erto, fanal, policia, y pilotage, en
along the whole course of the waters todo el curso do las aguas que per-
which belong to the Confederation. tenecen A la Confederacion.
ARTiCLE V. ARBi*ULo V.
Government The high contracting parties, con- Las altas partes contratantes, re-
and eson of sidering that the island of Martin conociendo que ]a isla de Martin
tin Mar-. Garcia may, from its position, em- Garcia puede, por su posicion, em-
barrass and impede the free naviga- barazar y impedir la libre navega-
tion of the confluents of the River cion de los confiuentes del Rio de
Plate, agree to use their influence la Plats, convienen en emplear su
to prevent the possession of the influjo pars que ]a posesion de
said island from being retained or dicha isla no sea retenida ni conser-
held by any State of the River vada por ningun Estado del Rio de
Plate, or its confluents which shall la Plata 6 de sus confluentes quo no
not have given its adhesion to the lhbient dado au adhesion al prin-
principle of their free navigation. cipio do su libre navegacion.
A PROCLAMATION.
Whereas a Treaty, between the United States of America and the
Argentine Confederation, was concluded and signed by their respective
Plenipotentiaries, at San Jos6, on the twenty-seventh day of July, eigh-
teen hundred and fifty-three; which treaty being in the English and Span-
ish language, is, word for word, as follows : -
Treaty of Friendship, Commerce, Tratado de Amistad, Comereio y
and Navigation, between the Navegacion, entre la Confedera-
United States and the Argen- eion Argentina y los Estados
tine Confederation. Unidos.
Commercial intercourse having Hallndose establecidas hace ti- Preamble.
been for some time established be- empo relaciones eomerciales entre
tween the United States and the Ia Confederacion Argentina y los
Argentine Confederation, it seems Estados Unidos, ha parecido con-
good for the security as well as the veniente, asi para Ia seguridad y
encouragement of such commercial fomento de aquella correspondencia
intercourse, and for the mainte- comercial, como para mantener la
nance of good understanding be- buena inteligencia entre ambos go-
tween the two governments, that biernos, que las relaciones que ahora
the relations now subsisting between existen entre ellos, sean regular-
them should be regularly acknowl- mente conocidas y confirmadas por
edged and confirmed by the signing un tratado de amistad, comercio y
of a treaty of friendship, commerce, navegacion. Con este objeto han
and navigation. For this purpose nombrado sus respectivos plenipo-
they have nominated their respec- tenciarios A.saber: -
tive plenipotentiaries, that is to
say:-
The President of the United El Exmo. Seffor, director provis- Negotiatom
States, Robert C. Schenck, envoy orio de la Confederaecion Argentina,
extraordinary, and minister pleni- al Doctor Don Salvador Maria del
potentiary of the United States to Carril, y al Doctor Don Josd Ben-
Brazil, and John S. Pendleton, jamin Gorostiaga, y el Presidente
charg6 d'affaires of the United States
de los Estados Unidos, A Roberto
to the Argentine Confederation; and C. Schenck, enviado extraoudinario
his excellency the provisional direc-
y inistro plenipotenciario de los
tor of the Argentine Confederation, Estados Unidos i la corte del Brasil,
Doctor Don Salvador Maria del y Juan S. Pendleton, eneargado
Carril, and Doctor Don Jos6 Ben- de negocios de los stados Unidos
jamin Gorostiaga; cerca de la Confederaion Argen-
tina;
Who, after having communicat- Quienes, despues de aberse co-
ed to each other their full powers, municado sus respectivos plenos po-
found in good and due form, have deres, hallados en buena y debida
agreed upon the following articles: forms, han convenido en los artieu-
los siguientes:
AxTiLs L .AnTouLo L
How dationalty The contracting parties agree to Las partes contratantes se eon-
of vessels is to be consider and treat, as vessels of the vienen en considerar y tratar como
9W6d. United States and of the Argentine buques de In Confederacion Argen-
Confederation, all those which, being tina, y de los Estados Unidos, todos
furnished by the competentauthority aquellos que hallindose munidos
with a regular passport or sea-letter, por la competente autoridad, con
shall, under the then existing laws un pasavante en debida forma 6
and regulations of either of the two patente, puedan, segun las leyes y
governments, be recognized fully reglamentos entonces existentes, set
and bond fde as national vessels, by reconocidos plenamente y bmA f&&
that country to which they respec- como buques nacionales per aquel
tively belong. pals al que respe'tivament perten-
eoan.
ARTICLZ . ARnouLo X.
The citizens of the United States Los ciudadanos do Is Conhderat- Provison
residing in the Argentine Confed- dion Arentina redentes en loe '41 militar
00, y los ciudadanos do s7ervice, forced
eration, and the citizens of the Ar- Estados Unidos, , tau
xes.
.gentine Confederation residing in los Estados Unidos residentes enia
the United States, shall be exempt- Confederacion Argentina, sewn ex-
ed from all compulsory military entos de todo servicio militar obli-
service whatsoever, whether by sea gatorlo, ya sea por mar 6 por tien,
or by land, and from all forced loans, ai como de todo emprhstito forzoso,
requisitions, or military exactions i requisi6iones y ausilios militares; ni
and they shall not be compelled, serin compehidos por ningun pre-
under any pretext whatever, to pay testo que sea, i pagar ningunas car-
any ordinary charges, requisitions, gas ordinarias, requitsieiones 6 im-
VOL. X. TAT.-127
The present treaty shall be rati- El presente tratado seni ratifleado latoatm.
fied on the part of the government por el exeelenticimo sefior director
of the United States within fifteen provisorio de la Confederacion Ar-
months from the date, and within gentina, ti los tres dias de la feeha,
three days by his excellency, the debiendo presentarlo pars an apro-
provisional director of the Argen- baclonal primer Cotgreso legislativo
tine Confederation, who will also de la Confederacion, y por parte del
And, whereas, the said treaty has been duly ratified on both parts, and
the respective ratifications of the same were exchanged in the city of
Paran4 on the thirtieth day of December last; -
Now, therefore, be it known, that I, FRANKLIN PIERCE, Presi-
dent of the United Statds 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 by the United States, and the citizens
thereof
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 ninth day of April, in
1L. S.] the year of our Lord one thousand eight hundred and fifty-
five, and of the Independence of the United States, the
seventy-ninth.
FRANKLIN PIERCE.
By the President:
W. L. MARCY, Seretary pf State.
TREATIES.
FRANKLIN PIERCE,
PRESIDENT OF THE UNITE) STATES OF AMERICA: JuIY , isis.
KRowAs.
TO-HAN-SEU, (Little Mountain,) his x mark.
TI-SANK-KI, (Sitting Bear,) his x mark.
KO-A-TY-KA, (Wolf outside,) his x mark.
Executed in presence of
AQUILLA T. RIDGELY, AssAtant Srgen U. S. A.
A. H. PLuMERs, Bvt. 2 Lt. 6 Infy.
PAUL CARREY.
Jomr KnEY, U. a h reer.
H. E. NixoN, Cl r
I certify that the foregoing amendments to the treaty of 27th day of
July, 1853, was read and explained to the chiefs, and that theyconsented
to, and signed the same on the 21st day of July, 1854.
J. W. WHITFIELD, Indian Agent.
Now, therefore, be it known, that I, FRANKLIN. PIERCE, Presi-
dent of the United States of America, in pursuance of the advice and
consent of the Senate, as expressed in their resolution of April twelfth,
eighteen hundred and fifty-four, do accept, ratiy, and confirm the said
treaty, with the amendment.
In testimony whereof, I have caused the seal of the United States to
beherewith affixed, having signed the same with my hand.
Done at the city of Washington, this twelfth day of February,
in the year of our Lord eighteen hundred and fifty-four.
FRANKLIN PIERCE.
By THE PaEsm_.T:
W. L. MARCY, Secretan of &aft.
FRANKLIN PIERCE,
PRESIDENT OF THE UNITED STATES OF AMERICA:
WHREmAS a treaty was made and entered into at Table Rock, near
Rogue River, in the Territory of Oregon, this 10th day of September,
A. D. 1853, by and between Joel Palmer, Superintendent of Indian
Affairs, and Samuel H. Culver, Indian Agent, on the part of the United
States; and Jo-aps-er-ka-har, principal chief, Sam To-qua-he-ar, and Jim
Ana-cha-a-rah, subordinate chiefs, and others, headmen of the bands of
the Rogue River tribe of Indians, on the part of said tribe.
Cession of land ARTICLE 1. The Rogue River tribe of Indians do hereby cede and
In Oregon. relinquish, for the considerations hereinafter specified, to the United
States, all their right, title, interest, and claim to all the lands lying in
that part of the Territory of Oregon, and bounded by lines designated
as follows, to wit: -
Commencing at a point one mile below the mouth of Applegate Creek,
on the south side of Rogue River, running thence southerly to the high-
lands dividing the waters of Applegate Creek from those of Athouse
Creek, thence along said highlands to the summit of the Siskiyon range of
mountains, thence easterly to Pilot Rock, thence northeasterly to the sum-
mit of the Cascade Range, thence northerly along the said Cascade
Range to Pitt's Peak, continuing northerly to Rogue River, thence west-
erly to the headwaters of Jump-off-jo Creek, thence down said creek to
the intersection of the same, with a line due north from the place of
beginning, thence to the place of beginning.
Indians W oo- ARTZCLE 2. It is agreed on the part of the United States that the
ae pt~.onaforesaid tribe shall be allowed to occupytemporarily that portion of
Meedland the above-described tract of territory bounded as follows, to wit: Com-
temponvily, mencing on the north side of Rogue River at the mouth of Evan's Creek,
thence up said creek to the upper end of a small prairie bearing in a
northwesterly direction from Table Mountain, or Upper Table Rock,
thence through the gap to the south side of the cliff of the said mountain,
thence in a line to Rogue River, striking the southern base of Lower
Table Rock, thence down said river to the place of beginning. It being
Permanent understood that this described tract of land shall be deemed and con-
home to be se- sidered an Indian reserve, until a suitable selection shall be made by the
leeted. direction of the President of the United States for their permanent
residence and buildings erected thereon and provision made for their
removal.
Payment fr ARTiCLE 8. For and in consideration of the cession and relinquish-
said es.io. ment contained in article 1st, the United States agree to pay to the afore-
said tribe the sum of sixty thousand dollars, fifteen thoudand of which
sum to be retained, (according to the stipulations ofarticle 4th of a "treaty
of peace made and 'entered into on the 8th day of September, 1858,
between Genl. Jo Lane, commanding forces of Oregon Territory, and
Jo. principal chief, Sam and Jim, subordinate chiefs, on the part of the
Rogue River tribe of Indians,") by the Superintendent of Indian Affairs,
to pay for the property of the whites destroyed by them during the late
war; the amount of property so destroyed to be estimated by three dis-
interested Zommisoners, to be appointed by the Superitendent of Indian
Affairs, or otherwi, as the President may direct, Five thousand dollars
to be expended ih the purchase of agricultural implements, blankets,
clothing, and sucl other goods as may be deemed by the superintendent,
Signed in presence of
J. W. NrsvTr, nterpreter,
R.B. METCALF,
JonN, his x mark,
J. D. MAsoN, S e.
T. T. Tiziunrr.
Witness,
Josntmi LAM,
AUGUST V. KAUTZ.
Assent of And whereas the said treaty having been submitted to the Senate of
Senate with An the United States, for itsconstitutional action thereon, the Senate did, on
amendment. the twelfth day of April, eighteen hundred and fifty-four, advise and
consent to the ratification of its articles, with an amendment thereto pro-
posed, by a resolution in the words and figures following, to wit: -
"Ix ExECUTrVz Szssxon, S.NATE Op Tn. Uz rED ST.TES,
"Apri 12, 1854.
"Resolved, (two thirds of the senators present concurring) That the
Senate advise and consent to the ratification of the stipulations of a treaty
made and entered into at Table Rock, near Rogue River, in the Territory
of Oregon, this 10th day of September, Anno Domini 1853, by and
between Joel Palmer, Superintendent of Indian Affairs, and Samuel H.
Culver, Indian Agent, on the part of the United States, and Jo. Aps-er-
ka-har, principal chief, Sam. To-qua-he-ar, and Jim Ana-chah-a-rah,
subordinate chiefs, and others, headmen of the bands of the Rogue River
tribe of Indians, on the part of said tribe, with the following
"AMENDMENT:
"Add the following as a new article
"AaTICLn 7. It is agreed between the United States and the Rogue
Farms may be River tribe of Indians, that, should it at any time hereafter be considered
estabflshed. by the United States as a proper policy to establish farms among and for
the benefit of said Indians, it shall be discretionary with the President,
by and with the advice and consent of the Senate, to change the annuities
herein provided for, or any part thereof, into a fund for that purpose.
"Change article 7 to article 8.
"Attest :
"ASBURY DICKINS, .ecretaur."
ARTiOL2 L ARTiKE L
The government of the United Die Reglerung der Vereinigt en
States and the Bavarian government Staaten und die Kaniglich Baye for&=
promise and engage, upon mutual rische Regierung verspreehen und
requisitions by them or their minis- machen sich verbindlich auf gegen.
ters, officers, or authorities, respec- seitige Requisitionen, welche respec.
tively made, to deliver up to justice tive sic selbst, oder ihre Gesand-
all persons who, being charged with ten, Beamten, oder Behdrden er-
the crime of murder, or assault with lassen, alle Individuen der Justiz
intent to commit murder, or piracy, auszuliefern, welche beschuldigt, das
or arson, or robbery, or forgery, or Verbrechen des Mordes, oder cines
the utterance of forged papers, or Angriffs in marderischer Absicht,
the fabrication or circulation of coun- oder des Seeraubes, oder der Brand-
terfeit money, whether coin or paper stiftung, oder des Raubes, oder der
money, or the embezzlement of pub- Fllsehung, oder des Ausgebens fal-
lie moneys, committed within the scher Documente, oder der Verferti-
jurisdiction of either party, shall seek gung oder Verbreitung falsehen Gel-
an asylum, or shall be found within des, sei es gemttnztes oder Papier-
the territories of the other; provided geld, order des Defectes, oder der
that this shall only be done upon Unterschlagung bffentlicher Gelder
such evidence of criminality as, ac- innerhalb der Gerichtsbarkeit eines
cording to the laws of the place oder beiden Theile, begangen zu
where the fugitive or person so haben, in dem Gebiete des anderen
charged shall be found, would justify TheileseineZufluchtsucbenoderdort
his apprehension and commitment aufgefunden werden: mit der Be-
for trial, if the crime or offence schriinkungjedoch, dass dies&nur auf
had there been committed; and solche Beweise fuer die Strafbarkeit
the respective judges and other geschehen soll,.welche nach den Ge-
magistrates of the two governments setzen des Ortes, wo der FllIchtling, Warnts.
shall have power, jurisdiction, and oder das so beschuldigte Individuum
authority, upon complaint made un- aufgefunden wird dessen Verhaf.
der oath, to issue a warrant for the tung und IFtellung vo Gericht recht-
apprehension of the fugitive or per- I fertigen wilrden wenn das Vet-
Other German The stipulations of this conven- Die Bestimmungen dieser Ueber-
States may 80-tion shall be applied to any other einkunft, sollen auf jeden andern
cede. State of the German Confederation Staat des deutschen Bundes An-
which may hereafter declare its ac- wendung finden, der spiiter seinen
cession thereto. Beitritt zu derselben erklArt.
ARTICLE III. ARTIKEL IL
citizens not None of the contracting parties Keiner der contrahirenden Theile
to be delivered shall be bound to deliver up its own soll gehalten sein, in Gemilsheit
up. citizens or subjects under the stipu- der Bestimmungen dieser Ueberein-
lations of this convention. kunft, seine eigenen Btrger oder
Unterthanen auszullefern.
ARTICLE IV. ART=L IV.
And whereas the said convention has ucen duly ratified on both parts,
and the respective ratifications of the same were exchanged at London,
on the first instant, by James Buchanan, envoy extraordinary and minis-
ter plenipotentiary of the United States, and Augustus Baron de Cetto,
envoy extraordinary and minister plenipotentiary of his Majesty the King
VOL. 'X. 'I'ii .AT. - 129
A PROCLAMATION.
Wmms a treaty between the United States of America and the Preamble.
Mexican Republic was concluded and signed at the City of Mexico on
the thirtieth day of December, one thousand eight hundred and fifty-
three; which treaty, as amended by the Senate of the. United States,
and being in the Fnglish and Spanish languages, is word for word as
follows:
UT= N=m op ALMIGHT GoD : EN L NOxBRE Dn DIos TODOPO-
DEROSO.
The Republic of Mexico and the La Repitblica de M6xieo y los
United States of America, desiring Estados Unidos de .Amrica, dese-
to remove every cause of disagree- ando remover toda eausa de desa-
ment which might interfere in any euerdo que pudiera influir en algun
manner with the better friendship modo en contra de Ia mejor amistad
and intercourse between the two y correspondencia entre ambos pal-
countries, and especially in respect. ses, y especialmente por lo respec-
to the true limits which should be tivo 6. los verdaderos limites que
established, when, notwithstanding deben fijarse, cuando no obstante lo
what was covenanted in the treaty pactsdo en el tratado de Guadalupe
of Guadalupe Hidalgo in the year Hidalgo en el afrLo de 1848, an se
1848, opposite interpretations have han suscitado algunas interpreta-
been urged, which might give occa- clones encontradas que pudieran
sion to questions of serious moment: ser ocasion de cuestiones de grave
to avoid these, and to strengthen trascendencia, pars evitarlas, y afir-
and more firmly maintain the peace mar y corroborar mas la paz que
which happily prevails between the felizmente reina entre ambas Be-
two republics, the President of the pdblicas, el Presidente de M6xiwo
United States has, for this purpose, ha nombrado i este fin con elarhc-
appointed James Gadsden, Envoy ter de plenipotenciario ad ho al
Extraordinary and Minister Pleni. Exmo. Sr. D. Manuel Diez de
potentiary of the same, near the Bonilla, caballero gran cruz de la
Mexican government, and the Presi- nacional y distinguida orden de
dent of Mexico has appointed as Guadalupe, y Secretario de Estado
Plenipotentdary "ad hoc" his ex- y del Despacho de Relaciones Ex- Negotiato.
cellency Don Manuel Diez de Bo- teriores, y 4 los Seffores D. Josd
nilla, cavalier grand cross of the Salazar Ylarregui y General D.
national and distinguished order of Mariano Monterde, como comisa-
Guadalupe, and Secretary of State, rios peritos investidos eon plenos
and of the office of Foreign Rela- poderca para esta negociacion; y el
tions, and Don Jos6 Salazar Ylar- Presidente de 16s Estados Unidos &
regi and General Mariano Mon- S. B. el Sr. Santiago Gadsden,
terde as scientific commissioners, Enviado Extraordinario y Ministro
invested with full powers for this Plenipotenciario de los mismos Es-
negotiation, who, having communi- tados Unidos cerca del gobierno
cated their respective fuli powers, Mexicano; quienes habidndose com-
and finding them in due and proper unicado sue respectivos plenos po-
form, have agreed upon the articles deres, y hallAdolos en buena y de-
following: bida forms, han convenido en los
artieulos siguientes:
The government of Mexico here- El gobierno de M xico por este ar- Release of the
by releases the United States from ticulo exime al de los Estados Uni- obl.g tions of
u
all liability on account of the obli- dos de las obligaciones del articulo treaty of Gthe
gations contained in the eleventh 11 del tratado de Guadalupe H-. 1upe' dalso.
article of the treaty of Guadalupe dalgo, y dicho articulo, y el 83 del Vol iz.p 980.
Hidalgo; and the said article and tratado de amistad, comercio y na.
the thirty-third article of the treaty vegacion entre los Estados Unidos
of amity, commerce, and navigation Mexicanos y los Estados Unidos do
between the United States of America, y concluido en Mdxico el
America and the United Mexican dia 5 de Abril de 1881, quedan por
States concluded at Mexico, on the este derogados.
fifth day of April, 1881, are hereby
abrogated.
ARTiCLE EIL. AuziwuLo IML
Artoles Vr. The provisions of the 6th and Habiendose heoho en su mayor
and VII. of the 7th articles of the treaty of Guada- parte nugatorias las estipulaciones
treatyo a- lupe Hidalgo having been rendered de los articulos sexto y sdptimo del
nued. nugatory, for the most pait, by the trathdo de Guadalupe Hidalgo por
VoLi p.28. cession of territory granted in the I&cesion de territiro heeha en el
first article of this treaty, the said articulo primero de este tratado,
articles are hereby abrogated and aquellos dichos articulos quedan por
annulled, and the provisions as este deraga dos y anulados, y las
herein expressed substituted there- estipuladones que d. continuacion se
for. The vessels, and citizens of espresan, substituidas en lugar de
Free pthe :f the United States shall, in all time, aquellas. Los buques y ciudadanos
o 0 ;,Q have free and uninterrupted pas- de los Estados Unidos tendrda en
sage through the Gulf of California, todo tiempo libre y no interrumpido
to and from their possessions situ- trnnsito pr el Golfo de California
ated north of the boundary line of pars sus posesiones y desde sus
the two countries. It being under- posesiones sitas al Norte de Ia linea
stood that this passage is to be by divisoria de los dos paises; enten-
navigating the Gulf of California diendose que ese trdnsito se ha de
and the river Colorado, and not by hacer navegando por el Golfo de
land, without the express consent California y por el Rio Colorado, y
of the Mexican government; and no por tierra, sin expreso consenti-
precisely the same provisions, stipu- miento del Gobierno Mexicano. Y
latiofs, and restrictions, in all re- precisamente, y bajo todos respeo-
spects, are hereby agreed upon and tos, ]as mismas disposiciones, esti-
adopted, and shall be scrupulously pulaciones y restriciones quedan
observed and enforced by the two convenidas y adoptadas por este ar-
contracting governments in refer-- ticulo; y serda escrupulosamente
ence to the Rio Colorado, so far observadas y hechas efectivas por
and for such distance as the middle los dos Gobiernos contratantes, con
of that river is made their common referenia al Rio Colorado por tal
boundary line by the first article of distancia,.y en tanto que Ia media-
this treaty. nia de ese Rio queda como su lines
How Whr Art. The several provisions, stipula- divisoria comun por el articulo pri-
VII.of treaty of tions, and restrictions contained in mero de este tratado. Las diversas
the treaty of Gua-
disposiciones, estipulaciones y re-
to 2 RIM l the
dalupe Hidalgoof shall remain in striciones contenidas en el artieulo
7th article
Vol x.p. 92&. force only so far as regards the Rio s6ptimo del tratado de Guadalupe
Bravo del Norte, below the initial Hidalgo, solo permanecern en vi-
of the said boundary provided in gor en lo relativo al Rio Bravo del
the first article of this treaty; that Norte abajo del punto inicial de
is to say, below the intersection of dicho limito estipulado en.el artieu-
the 310 47180" parallel of latitude, lo primero de este tratado; es decir,
with the boundary line established abajo de la interseccion del paralelo
by the late treaty dividing said river de 81c 47' 80" de latitud con kn
from its mouth upwards, according lines divisoria establecida por el
to the fifth article of the treaty of reciente tratado que divide dicho
Guadalupe. rio desde su embocadura arriba de
coniformidad con el articulo quinto
del tratado de Guadalupe.
All the provisions of the eighth Todas las estipulaciones do los Artices 11TL
and ninth, sixteenth and seventeenth articulos, octav, • noven, dcimo-.
.
XVI and
XVL. of th.e
, , .
articles of the treaty of Gikbalupe seato y dcimo setimo del Tratado Uvety of Guads.
Hidalgo, shall apply to the territory de Guadalupe Hidalgo, se apliearin uIpe Eldal , to
ceded by the Mexican Republic in al territorio cedido por la Repb- co---Py
ceded. to eby
the first article of the present treaty, lies Mexicana en el articulo primero
and to all the rights of persons and del presente tratado, y Atodos los de- Vo. xpp. 929,
property, both civil and ecclesiasti- rechos de persona -y bienes, tanto 980, 94,and955.
ca, within the same, as fully and as civiles como eclesidticos, que se
effectually as if the said articles encuentren dentro de dicho territo-
were herein again recited and set rio, tan plena-y tan eficazmente co-
forth. mo si diches articulos de nuevo se
insertaran 6 inclayeran A la letra en
est.
This treaty shall be ratified, and Este tratado seri ratificado, ylas B6th l
the respective ratifications shall be ratificaciones respectivas cangeadas
exchanged at the city of Washing- en Ia Ciudad de Washington, en el
ton within the exact period of six preciso t6rmino de seis meses, 6
months .from the date of its signa- antes si fuere posible, contado ese
ture, or sooner, if possible. t rmino desde sn fecha.
In testimony whereof, we, the En fd de lo eua, nosotros los
plenipotentiaries of the contracting Plenipotenciarios de las partes con-
parties, have hereunto affixed our tratantes lo hemos firmado y selado
hands and seals at Mexico, the en M6xico, el din treinta de Diciem-
thirtieth (80th) day of December, bre del afgo de nuestro Sefior mil,
in the year of our Lord one thou- ochocientos, cincuenta y tres, trigd-
sand eight hundred and fifty-three, simo tercero de la independencia, de
in the thirty-third year of the in- la repdblica Mexicana, y septuag6
dependence of the Mexican repub- sBmo octavo de la de los Estados
lic, and the seventy-eighth of that Unidos.
of the United States.
JAMES GADSDEN [a.] MANUEL DIEZ DR BONILLA, [r. a.]
MANUEL DIEZ Di BONMILA. [. a] J. MARIANO MOINTERDR, [a. a.]
JOSS SALAZAR YLABBGU, [a a] JOSE SALAZAR YLARREGUI, [a.
J. MARIANO MINTERDF, [a.a.] , JAMES GADSDEN, s.8a.]
And whereas the said treaty, as amended, has been duly ratified on
both parts, and the respective ratifications of the same have this day
been exchanged at Washington, by WILLIA L. MAncy, Secretary of
Stateof the United States, and SzNon GENmE L Doxi JuAN N. AL-
xowRz, Envoy Extraordinary and Minister Plenipotentiary of the Mexi-
can Republic, 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 treaty to be
made public, to the end that the same, and every clause and article there-
of, 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 aftxed.
Done at the city of Washington, this thirtieth day of June, in
(L. S.J the year of our Lord one thousand eight hundred and fifty-
four, and of the Independence of the United States the
seventy-eighth.
FRANKLIN PIERCE.
By TEE 1RESIDENT:
W. L. MARCY, swetary of &ak.
marh 16,1854.
PRESIDENT OF TH UNITED STATES OF AMERICA:
TO ALL AND SnUGUAR TO WHOM THESE PRESENTS HALZ COMB, GREETNG:
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 seventeenth day of April, one thousand eight hundred and fifty-
four, ratify the same by a resolution in the words and figures following,
to wit:
FRANKLIN PIERCE,
PRESIDENT OF THE UNITED STATES OF AMERICA: March Is, 185
FRANKLIN PIERCE,
May 6, 1854. PRESIDENT OF THE UNITED STATES OF A3ERCA:
from want in their old and declining age. It is the wish of the Delawares,
and i.reby stipulated and agreed, that the sum of ten thousand dollars,
the amount provided in the third article as a consideration for the "out.
let," shall be paid to their five chiefs, to wit: Captain Ketchem, Sarkoxey,
Segondyne, Neconhecond, and Kock-ka-to-wha, in equal shares of two
thousand dollars each, to be paid as follows: to each of said chiefs, annu-
ally, the sum of two hundred and fifty dollars, until the whole sum is
paid: Provided, That if any one or more of said chiefs die before the
whole or any part of the sum is paid, the annual payments remaining
to his share shall be paid to his male children, and in default of male
heirs, then to the legal representatives of such deceased chief or chiefs;
and it is understood that the small life-annuities stipulated for by former
treaties, shall be paid as directed by said treaties.
Investment of A TICLE 7. It is expected that the amount of moneys arising from
surplus from the sales herein provided for, will be greater than the Delawares will
sales, and appro- need to meet their current wants; and as it is their duty, and their de-
i of
PC sire also, to create a permanent fund for the benefit of the Delaware
people, it is agreed that all the money not necessary for the reasonable
wvants of the people, shaU from time to time be invested by the President
of the United States, in safe and profitable stocks, the principal to remain
unimpaired, and the interest to be applied annually for the civilization,
education, and religious culture of the Delaware people, and such other
objects of a beneficial character, as in his judgment, are proper and
necessary.
Same subject. ARTICLE 8. As the annual receipts from the sales of the lands can-
not now be determined, it is agreed that the whole subject be referred to
the judgment of the President, who may, from time to time, prescribe
how much of the net proceeds of said sales shall be paid out to the Dela-
ware people, and the mode and manner of such payment, also how much
shall be invested, and in distributing the funds to the people, due regard
and encouragement shall be given to that portion of the Delawares who
are competent to manage their own affairs, and who know and appreciate
the value of money; but Congress may, at any time, and from time to
time, by law, make such rules and regulations in relation to the funds
arising from the sale of said lands, and the application thereof for the
benefit and improvement of the Delaware people, as may, in the wisdom
of that body, seem just and proper.
Private debts ARtTICLE 9. The debts of Indians, contracted in their private deal-
not to be pai ings as individuals, whether to traders or otherwise, shall not berempaid
ain
the from the general fund.
ofo
erovsions ARTIOLE 10. The Delawares promise to renew their efforts to sup-
respe t press the introduction and the use of ardent spirits in their country and
theseofardent among their people, and to encourage industry, integrity, and virtue,
spirit. so that every one may become civilized, and, as many now are, competent
to manage their business affairs; but should some of them, uiDfortunately
continue to refuse to labor, and remain or become dissipated and worth-
less, it shall be discretionary with the President to give such direction
to the portion of funds, from time to time, due to such persons, as will
prevent them from squandering the same, and secure the benefit thereof
Division of to their famii~es.
11. At any time hereafter when the Delawares desire it,
mAuTICL-e
the lands relr- and at their request and expense, the President may cause the country
6d for a home. reserved for their permanent home to be surveyed in the same maniier
as the ceded country is surveyed, and may assign such portion to each
person or family as shall be e e ae preocipal men of the tribe:
Provaded such assignment shall be uniform.
Construction ARTICLE 12. In the settlement of the countr acdi acent to the Dela-
of roads, ware reservation, roads and highways will become necessary, and it is
agreed that all roads and highways laid out by authority of law, shall
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 eleventh day of July, one thousand eight hundred and fifty-four,
ratify the same by a resolution in the words following, to wit:
FRANKLIN PIERCE,
PRESIDENT OF THE UNITED STATES OF AMERICA: May10, 1i".
TO ALL AND SINGULAR TO WHOM THESE PRRIESEHr SHALL COMEGRF=TING:
Executed in presence of
CHARLES CALVERT,
BENJAMIN S. LOVE,
HOLNEs COLBERT,
JAMES ]INDSEY,
ALYEED Cm mAu,
WM B. WAUGn,
B. F. ROBmSON, Indian Agent,
CRAS. BLUR JAOCKZT, U. Interpreter.
And whereas the said treaty having been submitted to the Senate of AsentorSn-
the United Ststes, for its constitttional action thereon, the senate did, on ate with araend-
the second day of August, one thousand eight hundred and fifty-four, mOnte.
advise and consent to the ratification of its articles with amendments
thereto proposed, by a resolution in the words and figures following. To
wit;
"IN EXECUTIVE SESSION, SENATZ OF THE UNITED STATES,
August 2d, 1854.
Resolved, (two thirds 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 the City of Washington, this tenth
day of My, one thousand eight hundred and fifty-four, by George W.
Manypenny, as commissioner on the part of the United States, and the
following named delegates, representing the bands of Shawnees who were
parties to the treaties of seventh of November, one thousand eight hundred
and twenty-five, and eighth of August, one thousand eight hundred and
thirty-one, viz: Joseph Parks, Black Hoof, George McDougal, Longt&il,
George Blue Jacket, Graham Rogers, Wa-wah-che-pa-e-kar, or Black
Bob, and Henry Blue Jacket, they being thereto duly authorized by the
now united tribe of said Shawnee Indians - with the following
AMENDMENTS: Amendmeats.
B. F. ROBINSON,
Indian Agent.
FRANKLIN PIERCE,
MY11, 1s. PRESIDENT OF THE UNITED STATES OF AMERICA.
TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL COME,
GRETING:
to beStates
United ome provde
ABTrczz
agree In consideration
to give,2. and of the
do hereby give, foregoing
to said Indians for athe
cession home, hel eofesa.
as Indian land are held, that tract of country lying upon the WolfRiver,
in the State of isconsin, commencing at the southeast corner of town-
ship 28 north of range 16 east of the fourth principal meridian, running
west twenty-four miles, thence north eighteen miles, thence east twenty-
four miles, thence south eighteen miles, to the place of beginning - the
same being townships 28,29, and 80, of ranges 13, 14, 15, and 16, accord-
ing to the public surveys.
ARTIOLE 3. The United States agree to pay, to be laid out and applied Paymaeuta
under the direction of the President, at the said location, in the establish-
ment of a manual labor school, the erection of a grist and saw mill, and
other necessary improvements, fifteen thousand dollars; in procuring a
suitable person to attend and carry on the said grist and saw mill, for a
period of fteen years nine thousand dola, in continuing and keeping
ip a blacksmith shop, and providing the usual quantity of iron and steel
ior the use of said tribe, for a period of twelve years, commencing with
and fy-seven, deven thousand dollars; and
"he year
the United States hundred
eighteen further agree to pay the said tribe, to be applied under
the diretion of the President, in such manner and at such times as he
may deem advisable, for such purposes and uses as in his judgment will
best promote the improvement of the Menomonees, the forty thousand
dollars stipulated to be applied to their removal and subsistence west of
the Mississippi It being understood that all other beneficial stipulations
in said treaty of 1848 are to be fulfilled as therein provided.
ARTCLE 4. In consideration of the difference in extent between the Further pay-
lands hereby ceded to the United States, and the lands -givenin exchange, •onte.
and for and in consideration and
of the provisions hereinbefore recited,them,
of the relinquishment by said tribe of all claims set up by or for
for the difference in quantity of lands supposed by them to have been
ceded in the treaty of eighteenth of October, eighteen hundred and forty-
eight, and what was actually ceded, the United States agree to pay said
tribe the sum of one hundred and fifty thousand dollars,* in fifteen
annual instalments, commencing with.the year 187; each instalment
to be paid out and expended under the direction of the President of
the United States, and for such objects, uses, and purposes, as he
shall judge necessary and proper for their wants, improvement, and
civilization.
AzTboiE 5. It is further agreed that all expense incurred in negotiat- Expes efth
ing this treaty shall be paid by the United States. treaty.
ARTICLE 6. This treaty to be binding on the contracting parties as
soon as it is ratified by the President and Senate of the United States.t
In testimony whereof, the said Francis Huebschmann, superintendent
as aforesaid, and the chiefs, headmen, and warriors of the said Menomo-
nee tribe, have hereunto set their hands and seals, at the place and on the
day and year aforesaid. EL. 5.']
FRANCIS HUEBSCIMA.NTN,
Superintendent of India Affas.
WAU-KE-CHON, his x mark. [..
WIS-KE-NO, his x mark.
WAY-TAN-SAH, his x mark.
CARRON, his x mark.
SAO-NE-NIEW, his x mark. 'L. S.
TAX0TTB, his x mark.
- Bee amendment, pw p. lo
t See amendment, pdst, p. 1047.
VOL. x. TRzAT. -134
May, one thousand eight hundred and fty-four, between the United
States of America, by Francis Huebsehmann, Superintendent of Indian
Affairs, duly authorized thereto, and the Menomonee tribe of Indians,
by the chiefs, headmen, and warriors of said tribe, such articles being
supplementary and amendatory to the treaty of eighteenth October, 1848 ;
having had the amendments made by the Senate of the United States on
the second day of August, A. D. 1854, fully explained to us in general
council assembled, which amendments are in the following words, viz:
AXENI)ME1TS:
Awanm 4. Strike out the words "one hundred and fifty thousand,"
and insert in lieu thereof the words: tw Awulred andfort-twothousand
six hundred and eiy-ix.
ARnCLz 6. Insert at the end thereof the following: and asented to
by Osh-kosh and Keehe-ak chdfs of said tribe-do hereby accept and
consent to the said amendments to the articles of agreement aforesaid,
and agree that the same shall be considered as a part thereof; and we,
the said Osh-kosh and Ke-she-nah, having had the said articles and
amendments fully explained to us, do hereby assent, accept, and agree to
the same.
In testimony whereof, we have hereunto set our himds and affixed our
seals, this 22d day of August, A. D. 1854.
OSH-KOSH, his x mark. L. s.
KE-SHE-NAH, his x mark. 'L. 5.,
LAMOTrE, his x mark. L. s.
WAU-KE-CHON, his x mark. L.s.
WAY-TAN-SA9, his x mark. ,L..s
CARRAN, his x mark. L. s.
SHO-NE-NIEW, his x mark. . s.
PE-QUO-QUON-NAH, his x mark. L.s.
SHAW-POA-TUOK, his x mark. rz. S.
WAU-PEN-NA-NOSH, his x mark. L.s.
L. S.
SHO-NE-ON, his x mark.
SHA-WAN-NA-PENASSE, his x mark. L. s.'
TA-KO, his x mark. L. S.
KO-MAN-NE-KIN-NO-SHAH, his x mark. L. s.
WAU-PA-MAH-SHAEW, his x mark. L. s.
AUK-KA-NA-PA-WAEW, his x mark. 'L.S.
AH-WA-SHA-SHAH, his x mark. L. S.
CHECH-E-QUON-O-WAY, his x mark. L. s.
NAH-PONE, his xmark. "L.S.
XIO-SHA-SHAT, his x mark. iL. S.,
1-YAW-SHIEW, his x mark. L. S.
L. a.
KAH-WAY-SOT, his x mark.
MIS-KE-E-NA-NIEW, his x mark. 'L. s.
I-AM-A-TAH, his x mark. L. s.
WIS-KE-NO, his x mark.
Signed in presence of
Jom V. SUYDAX, Sub-A6nt,
CEAs. A. GEGNoxN, U. S. Inter7rer,
WILLIAM POWELL,
F. DESNOYEuS,
E. D. GUSlAm-,
HrNR C. SCOTT,
R. A. JONES,
JOHN WILEY.
FRANKLIN PIERCE,
PRESIDENT OF TEE UNITED STATES OF AMERICA:
Wmuz.As a treaty was made and concluded at the city of Washington May 17, I85.
on the seventeenth day of May, one thousand eight hundred and ffty-four,
by George W. Manypenny, Commissioner on the part of the United
States, and the following named delegates of the loway tribe of Indians,
viz: Nan-chee-ning-aor No Heart; Shoon-ty-ing-a, or Little Wolf; Wah-
moon-a-kah, or the Man who Steals; and Nar-ge-ga-rash, or British; they
being thereto duly aqthorized by said tribe, which treaty is in the words
following, to wit:
ARTICLE 1. The Ioway tribe of Indians hereby cede, relinquish, and Ceson to the
convey to the United States, all their right, title, and interest in and to United States.
the country, with the exception hereinafter namedwhich was assigned to
them by the treaty concluded with their tribe and the Missouri band of ,a v% p.51.
Sacs and Foxes, by William Clark, superintendent of Indian affahir, on
the seventeenth of September, one thousand eight hundred and thirty-six,
being the upper half of the tract described in the second article thereof,
as "the small strip of land on the south side of the Missouri River, ly-
ing between the Kickapoo northern boundary line and the Grand Nema-
haw River, and extending from the Missouri back and westwardly with
the said Kickapoo line and the Grand Nemahaw, making four hundred
sections; to be divided between the said Iowys and Missouri band of
Sacs and Foxes; the lower half to the Sacs and Foxes, the upper half
to the loways," but they except and reserve of said country, so much Reeva.on
thereof as is embraced within, and designated by the following metes
and bounds, viz.: Beginning at the mouth of the Great Nemahaw River
where it empties into the Missouri; thence down the Missouri River to
the mouth of Noland's Creek; thence due south one mile; thence due west
to the south fork of the Nemahaw River; thence down the said fork with
its meanders to the Great Nemahaw River, and thence with the mean-
ders of said river to the place of beginning, which country, it is hereby
agreed, shall be the future and permanent home of the loway Indians.
ARTiOLE 2. In consideration of the cession made in the preceding Prooeeds of
article, the United States agree to pay in the manner hereinafter pre- M be
scribed, to the loway Indians, all the moneys received from the sales of disan
the lands which are stipulated in the third article hereof, to be surveyed
and sold -after deducting therefrom the costs of surveying, managing,
and selling the same.
ARUOLE 8. The United States agree to have -surveys made of the the dedjads
alons of the Prisbyterian church, the loways hereby grant unto the said
board a tract of three hundred and twenty acres of land, to be so located
as to include the improvements at the mission, and also a tract of one
hundred and sixty acres of timbered land to be selected by some agent
of the board from the legal subdivisions of the surveyed land; and the
Pxesident shall issue a patent or patents for the same, to such person or
persons as said board may direct. They further grant to John B.Roy, Grant to John
their interpreter, a tract of three hundred and twenty acres of land, to be B.Boy.
selected by him in "Wolf's Grove," for which the President shall also
issue a patent.
AxTiCLE 8. The debts of Indians contracted in their private deal- Private debts
ings as individuals, whether to traders or otherwise, shall not be paid out not tobe paid
out of the gene-
of the general fund. ral fhnd.
ARTICLE 9. As some time must elapse before any benefit can be de- part of the
rived from the proceeds of the sale of their land, and as it is desirable kand set apart
that the Ioways should at once engage in agricultural pursuits and in b19, tCaq.0'0c.
1888, (vol-.
making improvements on the tract hereinbefore reserved for them, it is p.ss,) may be
hereby agreed that, of the fund of one hundred and fMfy-seven thousand speat
five hundred dollars, set apart to be invested by the second clause of the
second article of the treaty concluded on thenineteenth day of October,
one thousand eight hundred and thirty-eight, a sum not exceeding one
hundred thousand dollars shall be paid to the Indians, or expended under
the direction of the President for the erection of houses, breaking and
fencing lands, purchasing stock, farming utensils, seeds, and such other
articles as may be necessary for their comfort. Fifty thousand dollars,
or so much thereof as may be deemed expedient, to be paid during the
year commencing on the first of October, one thousand eight hundred and
fifty-four; and the other fty thousand dollars, or so much thereof as
shall be deemed expedient, to be paid during the year commencing on
the first of October, one thousand eight hundred and fifty-five. The The remainder
residue of said fund of one hundred and fifty-seven thousand five hun-to be stl held
dred dollars on hand after the payments herein provided for have been in trust.
made shall remain as a trust fund, the interest upon which, as well as
the interest that may have accrued on the portion drawn out, shall be
applied under the direction of the President to educational or other beie-
ficial purposes among the Ioways.
ARTICLz 10. It is agreed tfiat all roads and highways, laid out by .onstrueton
authority of law, shall have a right of way through the lands herein re-Of Boads.
served, on the same terms as are provided by law when roads and high-
ways are made through the lands of citizens of the United States; and
railroad companies, when the lines of their roads necessarily pass through
the lands of the loways, shall have right of way, on the payment ot a
just compensation therefor in money.
ARToLE 11. The loways promise to renew their efforts to sup- Provisions
press the introduction and use of ardent spirits in their country, to en- agains Me of
courage industry, thrift, and morality, and by every possible effort topr ardent sPits.
mote their advancement in civilization. They desire to be at peace with Fendly eo-
all men, and they bind themselves to commit no depredation or wrong duet.
upon either Indians or citizens; and whenever difficulties arise, they will
abide by the laws of the United States, in such cases made and provided,
as they expect to be protected and to have their rights vindicated by
them.
A3&TCLz 12. The • Ioway Indians
* release ••
the United States from all Release
• •claimn of
undler
claims and demands of every kind and description arising under former folr Ust de
treaties; and agree to remove themselves within six months after the-f-ertea-s
ratification of this instrument, to the lands herein reserved for their
homes; in consideration whereof, the United States agree to pay to said
Indians five thousand dollars - two thousand of which with such portion
of balances of former appropriations of interest fund, as may not now be
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 eleventh day of July, one thousand eight hundred and fifty-four,
ratify the same by a resolution in the words following, to wit:
I ExEouTIvE S118IN, SEMATE OV TE UXED STATES,
FRANKLIN PIERCE,
PRESIDENT OF TAE UNITED STATES OF AMERICA.
TO ALL AND SINGULAR TO WHOK THESE PRESENTS SHALL COME, GREETING:
way IsN i. WnzRzAs, a treaty was made and concluded at the city of Washing-
ton on the eighteenth dy of May, one thousand eight hundred and fifty-
four, by George W. Manypenny, Commissioner on the part of the United
States, and the following named delegates of the Sacs and Foxed of Mis-
souri, viz: Pe-to-o-ke-mah, or Hard Fish; Mo-less or Wah-pe-nem-mah,
or Sturgeon; Ne-son-quoit, or Bear; Mo-ko-ho-ko, or Jumping Fish; and
No-ko-what, or Fox; they being thereto duly authorized by the said Sac
and Fox Indians, which treaty is in the words following, to wit:
Ceson of ARTOLz 1. The Sacs and Foxes of Missouri hereby cede, relinquish
land to the and convey to the United States all their right, title and interest in and
to the country assigned to them by the treaty concluded on the seven-
United States,
teenth day of September, one thousand eight hundred and thirty-six, be-
tween William Clark, superintendent of Indian affairs, on the part of
the United States, and the Ioways and Missouri Sacs and Foxes, being
the lower half of the country described in the second article thereof as
"the small ,strip of land on the south side of the Missouri River, lying
between the Kickapoo northern boundary line and the Grand Nemahaw
River, and extending from the Missouri back and westwardly with the
said Kickapoo line and the Grand Nemahaw, making four hundred see-
tions; to be divided between the said Ioways and Missouri band of Sacs
and Foxes; the lower half to the Sacs and Foxes, the upper half to the
Resration. Ioways;" saving and reserving fifty sections, of six hundred and forty
acres each, which shall be selected in the western part of the cession by
the delegates, parties hereto, and the agent for the tribe after their return
home, and which shall be Jocated in one body and set off by metes and
bounds: 1'.vvfed, That the delegates and agent can find such an amount
of land in one body within said specified section of country suitable to the
wants and wishes of the Indians. And it is furtUa pro ided, That
should a suitable location, upon examination, to the full extent of fifty
sections not be found within said western part-of this cession, then the
said delegates and agent shall be permitted to extend the location west
or northwest of the country herein ceded and south of the Great Ne-
mahaw River, ovar so much of the public domain, otherwise unappropri-
ated, as shall make up' the deficiency; or to make a selection entirely be-
yond the limits of the country herein ceded upon any lands of the United
States, not otherwise appropriated, lying as aforesaid west or northwest of
the ceded country and South of the Great Nemahaw. And in either
ease they shall describe their selection, which must be made within six
months from the date hereof, by metes and bounds, and transmit the
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 eleventh day of July one thousand eight hundred and fifty-four, ratify
the same by a resolution in the words following, to wit:
FRANKLIN PIERCE,
PRESMMIT OF THE UNITED STATES OF AMERICA:
May 1S, 19 WHREAS, a treaty was made and concluded at the city of Washing-
ton on the eighteenth day of May, one thousand eight hundred and fifty-
four, by George W. Manypenny, Commissioner on the part of the United
States, and the following named delegates of the Kickapoo tribe of In-
dians, viz: Pah-kah-kah, or John. Kenuekuk; Kap-i-o-mah, or the Fox
Carrier; No-ka-wat, or the Fox Hair; Pe-sha-gon, or Tug made of
Bear Skin; and Ke-wi-sah-tuk, or Walking Bear or Squire, thereto duly
authorized by said tribe, which treaty is in the words following, to wit:
Cession ofland ARTICL 1. The Kickapoo tribe of Indians hereby cede, sell, and
to the 46uuted convey unto the United States all that country southwest of the Missouri
River, which was provided, as a permanent home, for them in the treaty
of Castor Hill, of the twenty-fourth of October, one thousand eight hun-
*Aredand thiry-two; and described in the supplemental article thereto,
entered into at Fort Leavenworth, on the twenty-sixth of November, one
thousand eight hundred and thirty-two, as follows: Beginning "on the
Delaware line, where said line crosses the left branch of Salt creek,
thence down said creek to the Mlissouri river, thence up the Missouri
river 'thirty miles when measured on a straight line, thence westwardly
to a point twenty miles from the Delaware line, so as to include in the
lands assigned to the Kickapoos, at least twelve hundred square miles;"
Reservation for saving and reserving, in the western part thereof, one hundred and fifty
a permanent thousand acres for a future and permanent home, which shall be set off
home. for, and assigned to, them by metes and bounds. Provided, That upon
the return home of the delegates here contracting, and upon consultation
with their people, and after an exploration if required by them, in com-
pany with their agent, a location to that extent can be found within said
specified section of country suited to their wants and wishes. .nd it is
also further provgad, That should a suitable location, upon examination
and consultation, to the full exten of one hundred and fty thousand
acres, not be found within said western part of this cession, then the said
delegates and agent shall be permitted to extend the location beyond the
western line of the country herein ceded and north of the recent Dela-
ware line over so much of the public domain, otherwise unappropriated,
as shall make up the deficiency -or to make a selection entirely beyond
the limits of the country at present occupied by the Kickapoos upon any
lauds of the United States, not otherwise appropriated, lying within the
limits bounded by the said western line, by the recent Delaware northern
line, and the watets of the Great Nemahaw river; and in either case they
shall describe their selection, which must be made within six months
from the date hereof, by metes and bounds, and transmit the description
thereof, signed by said delegates and agent, to the Commissioner of In-
dian Affairs; and thereupon, the selection so made, shall be taken and
deemed as the future permanent home of the Kickapoo Indians. It is
expressly understood that the Kickapoos shall claim under this article no
more than one hundred and fifty thousand acres of land; and if that
quantity, or any portion thereof shall be selected, as provided above, out-
side of the reservation herein made, then said reservation, or a quantity
equal to that which may be selected outside thereof, shall be, and the
same is hereby, ceded and relinquished to the United States.
ARaTICLB 2. In consideration whereof the United States agree to pay Payment for
to the said Indians, under the direction of the President, and in such Said bession.
manner as he shall from time to time prescribe, the sum of three hundred
thousand dollars, as follows: one hundred thousand dollars to be invested
at an interest of five per centum per annum ; the interest of which shall
be annually expended for educational and other beneficial purposes.
The remaining two hundred thousand dollars to be paid thus: Twenty-
five thousand dollars in the month of October, one thousand eight hun-
dred and My-four; twenty thousand dollars during the same month in
each of the years one thousand eight hundred and fity-five and one thou-
sand eight hundred and Mn~y-si ; fourteen thousand dollars during the
same month in each of the years one thousand eight hundred and My-
thousand of the sixand
eachhundred
eight fifty-eight; nine-thousand
in theonesame
dollars and
seven month of years next succeeding that of
one thousand eight hundred and fifty-eight
next ; seven thousand
succeeding the dollars in the
expiration of
same month of each of the four years
and five thousand dollars in the same
the last named period of six years; the lst named four
month of each of the' five years next succeeding to a new home, and will, How epended.
years. And as the Kickapos will remove
portion of the annual payments for
erefore, require the principal fencing land, in
to aid in building houses, in breaking and
several years
buying stock, agricultural implements, and other articles needful for their
it is understood that such portion said annual
to, andofexpended for
comfort as civilization,
paymentsand may be necessary, will be appropriated
such purposes.8. The President may cause to be surveyed, in the same D5poBIonof
ARTCLE the reservation herein the reervation
manner in which the public lands are surveyed, to each person, or fmily
provided for the Kickapoos; and may assign
it, such quantity of land as, in his opinion, will be suflcient for
desiring he, or they, will oc-
the understanding that
such person, or family, with such other con-
comply with
eupy, improve, and cultivate the same, and The land thus assigned may
ditions as the President may prescribe.
FRANKLIN PIERCE,
PRESIDENT OF THE UNITED STATES OF AMERICA:
May $o,1854. WHnmF.xs a treaty was made and concluded on the thirtieth day of
May, one thousand eight hundred and fifty-four, by George W. Many.
penny, Commissioner on the part of the United States, and the follow-
ing named delegates of the united tribes of Kaskaskia and Pe6ra,
Piankeshaw and Wea Indians, viz: Kio-kaw-mo-zan, David Lykinas; Sa-
wa-ne-ke-ah, or Wilson; Sha-cah-qua, or Andrew Chick; Ta-co-nab,.or
Mitchell; Che-swa-wa, or Rogers; and Yellow Beaver, thereto duly au-
thorized by said tribes; which treaty is in the words folloing, to wit:
Articles of agreement and convention made and concluded at the City
of Washington this thirtieth day of May, one thousand eight hundred
and fifty-four, by George W. Manypenny, Commissioner on the part
of the United States, and the following named delegates representing the
united tribes of Kaskaskia and Peoria, Piankeshaw and Wea Indians,
viz: Kio-kaw-mo-zan, David Lykins; Sa-wa-ne-ke-ah, or Wilson; Sha-
cab-quab, or Andrew Chick; Ta-ko-nah, or Mitchel; Che-swa-wa, or
Rogers; and Yellow Beaver, they being duly authorized thereto by the
aid Indians.
Assent of the AnTICLVE 1. The tribes of Kasakia and Peoria Indiana, and of
VA1ted St Piankeshaw and We& Indians, parties to the two treaties made with
Speor, pi them respectively by William Clark, Frank J. Allen, and Nathan Kouns,
ankeshaw, and Commissioners on the part of the United States, at Castor Hill, on the
We Indians. twenty-seventh and twenty-ninth days of October, one thousand eight
hundred and thirty-two, having recently in joint council assembled, united
themselves into a single tribe, and having expressed a desire to be recog-
nized and regarded as such, the United States hereby assent to the action
of said joint council to this end, and now recognize the delegates who sig
and seal this instrument as the authorized representatives of said con-
solidated tribe.
Ceson to the ARTICLE 2. The said Kaskaskias and Peoias, and the said Pianke.
Unilted States. shaws and Wes, hereby cede and convey to the United States, all their
right, title, and interest in and to the tracts of country granted and as-
signed to them, respectively, by the fourth article of the treaty of October
twenty-seventh, and the second article of the treaty of October twenty-
YoLvil.p. 410. nintb, one thousand eight hundred and thirty-two, for a -particular de-
scription of said tracts, reference being had to said articles; excepting
Reservatton. and reserving therefrom a quantity of land equal to one hundred and
sixty acres for each soul in said united tribe, according to a schedule at-
tached to this instrument, and ten sections additional, to be held as the
common property of the said tribe,-and also the grant to the American
Indian Mission Association, hereinafter specifically set forth.
D~spositIon of ARtICLE 8. It is agreed that the United States, shal as soon as it
the ceded Is. conveniently
Lan be done, cause the lands hereby ceded to be surveyed
Selection of as the public ad Mu a nd, that the individuals and heads of
lots. families shall, wit in ninety days after the approval of the surveys, select
PBUSONS OR FAMLIES.
PRSONS OR FaraES.
P=8sore on FAMILIE.
A -PROCLAMATION.
WHEREAS a treaty between the United States of America and her
Majesty the Queen of the United Kingdom of Great Britain and Ireland,
was concluded and signed by their respective plenipotentiaries at Wash-
ington, on the 5th day of June last, which treaty is, word for word, as
follows: -
The government of the United States being equally desirous with her Preamble
M4esty the Queen of Great Britain to avoid further misanderstanding
between their respective citizens and subjects, in regard to the extent pf
the right of fishing on the coasts of British North America, secured to
each by article I of a convention between the United States and Great
Britain, signed at London on the 20th day of October, 1818; and being
also desirous to regulate the commerce and navigation between their re-
spective territories and people, and more especially between her Majesty's
possessions in North America and the United States, in such manner as
to render the same reciprocally beneficial and satisfactory, have, respec-
tively, named plenipotentiaries to confer and agree thereupon-that is to lNegotiaton.
say, the President of the United States of America, William L. Marcy,
Secretary of State of the United States, and her Majesty the Queen of
the United Kingdom of Great Britain and Ireland, James, Earl of Elgin
a peer of the United Kingdom,
and Kincardine, Lord Bruce and Elgin,
Knight of the most ancient and most noble Order of the Thistle, and
governor-general in and over all her Britannic Majesty's provinces on
e continent of North America, and in and over the island of Prince
Edward-who, after having communicated to eah other theil respective
full powers, found in good and due form, have agieed upon the following
articles: -
ARTICLE 1. It is agreed by the high contracting parties that, in addi- Inhabitants of
tion to the liberty secured to the United States fishermen by the above- U.States allowed
mentioned convention of October 20, 1818, of taking, curing, and drying leo in priv-
fish on certain coasts of the British North American colonies therein de- ones
fined, the inhabitants of the United States shall have, in common with the
subjects of her Britannic Majesty, the liberty to take fish of every kind,
except shell-fish, on the sea-coasts and shores, and in the bays, harbors,
and creeks of Canada, New Brunswick, Nova Scotia, Prince Edward's
Island, and of the several islands thereunto adjacent, without being re-
stricted to any distance from the shore, with permission to land upon the
coasts and shores of those colonies and the islands thereof, and also upon
the Magdalen Islands, for the purpose of drying their nets and curing
their fish: provided that, in so doing, they do not Interfere with the rights
of private property, or with British fishermen, in the peaceable use of
any part of the said coast in their occupancy for the same purpose.
it is understood that the above-mentioned liberty applies solely to the
sea fishery, and that the salmon and shad fisheries, and all fisheries in
rivers and the months of rivers, are hereby reserved, exclusively, for
British fishermen.
And it is further agreed, that in order to prevent or settle any disputes
as to the places to which the reservation of exclusive right to British Commisoner
fishermen, contained in this article, and that of fishermen of the United to determine the
States, contained in the next succeeding article, apply, each of the high reserved fisher-
ies.
V'OL. X. TRY-AT - 197
And whereas the said treaty has been duly ratified on both parts, and
the respective ratifications of the same were exchanged in this city on
the 9th instant, by William L. Marcy, Secretary of State of the United
States, and John F. Crampton, Esq're, her Britannic Majesty's envoy extra-
ordinary and minister plenipotentiary to this government, 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 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.
By the President:
W. L. M &VWX
Yuw, of S&a.
FRANKLIN PIERCE,
PRESIENT OF THE UNITED STATES OF AMERICA:
TO ALL AND SINGULAR TO WHOM THESE PRESENTS SRAIXL COME, GREETING: June 6,18 .
WmHxEs a treaty was made and concluded on the fifth day of June,
eighteen hundred and fifty-four, between George W. Manypenny, Com-
missioner on the part of the United States, and the following-named dele-
gates, representing the Miami tribe of Indians, viz: Nah-we-lan-quah, or
Big Legs; Ma-cat-a-chin-quah, or Little Doctor; Laor-a-pin-chab,
Jack Hackley; So-ne-lan-gish-eab, or John Bowrie; and Wan.zop-e-ah,
they being thereto duly authorized by said tribe-and Me-shin-go-me-zia,
Po-con-ge-ib, Pim-yi-oh-te-mah, Wop-pop-pe-tah, or Bondy, and Ke-ah-
cot-woh, or ButFalo, Miami Indians, residents of the State of Indiana,
being present, and assenting, approving, and agreeing to, and confirming
said articles of agreement and convention; which triaty is in the words
following, to wit: -
Articles of agreement and convention made and concluded at the city
of Washington, this fifth day of June, one thousand eight hundred and
fifty-four, between George W. Manypenny, Commissioner on the part
of the United States, and the following named delegates representing the
Miami tribe of Indians, viz: Nah-we-lan-quah, or Big Legs; Ma-cat-a-
chin-quah, or Little Doctor; Lan-a-pin-chah, or Jack Hacldey; So-ne-
ian-gish-eah, or John Bowrie; and Wan-zop-e-ah; they being thereto
duly authorized by said tribe-and Me-shin-go-me-zia, Po-con-ge-ab,
Pim-yi-oh-te-mah, Wop-pop-pe-tab, or Bondy, and Ke-ah-cot-woh, or
Buffalo, Miami Indians, residents of the State of Indiana, being present,
and assenting, approving, agreeing to, and confirming said articles of
agreement and convention.
ARTICLE 1. The said Miami Indians hereby cede and convey to the Cession to the
United States, all that certain tract of country set apart and. assigned to UnitetStmte.
the said tribe, by the article addedby the Senate of the United States, by
resolution of the date of February twenty-fifth, one thousand eight hun-
dred and forty-one, to the treaty of November twenty-eighth, one thousand VoL vii. p.686.
eight hundred and forty, and denominated among the amendments of the
Senate as "Article 12," which was assented to by said Indians, on the
fifteenth day of May, one thousand eight hundred and forty-one; which
tract is designated in said article, as "bounded on the east by the State
of Missouri, and on the north by the country of the Weas and Pianke-
shaws, on the west by the Pottowatomies of Indiana, and on the south by
the land assigned the he New York Indians, estimated to contain five hun-
dred thousand acres," excepting and reserving therefrom seventy thou- Reservation
sand acres for their future homes, and also a section of six hundred and for homes, and
forty acres for school purposes, to be selected and assigned to said tribe as schools.
hereinafter provided.
A-TICLE 2. The United States shall, as soon as it can conveniently Disposition of
be done, cause the lands herein ceded and reserved, to be surveyed, as the the ceded lands.
government lands are surveyed, the Miamis bearing the expense of sur-
vey of the reserved land; and within four months after the approval of
such surveys; each individual or head of a family of the Miami tribe, now
residing on said lands, shall select, if a single person, two hundred acres ;
and if the head of a family, a quatity equal to two hundred acres for
and ninety-ninecents, and in the year one thousani eight hundred and sixty,
from the portion due the Miamis of Indiana, the sum of eight hundred and
ffty-thre dollars and sixty-eight eents,'anll from the portion due those
west, the sum of seven hundred and one dollars and three cents.
A~rICLE 7. Citizens the United States
of be or other persons not mem- theSettlement
sttlements of
bers
in thtofceded
said tribe, shalluntil
country, not afterpermitted to make
the selections loctions
hereinbefore orprovided for ceded lands.
have been made; and the provisions of the act of Congress approved
March third, one thousand eight hundred and seven, in relation to lands
ceded to the United States, shall, so far as the same are applicable, be
extended to the lands herein ceded.
ATxILrz 8. The debts of Indians contracted in their private dealings Private debts
as individuals, whether to traders or otherwise, shall not be paid out of the mot a Chem .
general fund. And should any of said Indians become intemperate or re
abandoned, and waste their property, the President may withhold any peeting the idle
moneys due or payable to such, and cause them to be paid, expended or andintemPerate.
applied, so as to ensure the benefit'thereof to their families.
AaTIcLz 9. The said Indians promise to renew their efforts to prevent Conduct of the
the introduction and use of ardent spirits in their country, to encourage
industry, thrift, and morality, and by every possible means to promote
their advancement in civilization. They desire to be at peace with all
men, and they bind themselves not to commit depredations or wrong upon
either ndiano or citizens; and should diffculties at any time arise, they
will abide by the laws of the United States in such eases made and pro-
vided, as they expect to be protected, and to have their rights vindicated
by those laws.
ARTxc.u 10. It is agreed that all roads and highways, laid out by constructbon
authority of law, shall have right of way through the lands herein reserved, of roads.
on the same terms as are provided by law when roads and highways are
made through lands of citizens of the United States; and railroad eom-
panies, when the lines of their roads necessarily pass through the lands of
the said Indiaus, shall have right of way on the payment of a just com-
pensation therefor in money.
ARTICLz 11. The object of this instrument being to advance the Futurearmnge.
interests of said Indians, it is agreed, if it prove insufficient, from causes tenet Gtau-
which cannot now be foreseen, to efect these ends, that the President of tv, tsy.
may, by and with the advice and consent of the Senate, adopt such policy
in the management of their affairs, as in his judgment may be most bene-
ficial to them; or Congress may, hereafter, make such provision by law,
as experience shall prove to be necessary.
A.RTiCL 12. Itis agreed that the first instalment of the fourteen Apuenalon of
thousand two hundred and twenty-three dollars and fifty cents, mentioned the fnt hats
in the fourth article, being the accumulation of the poor, infirm, and meat of one of
education fund, shall be applied, under the direction of the President, to ments.
purposes of education; and that a sufficient sum shall annually be set
apart out of the payments to the MiamLis west of Missouri, so long as any
of the annuities herein provided for shall continue, to be expended under
the direction of the chiefs, for the support of the poor and infirm, and for
defraying any expenses of the tribe of a civil nature.
AnTiCr 18. It is hereby agreed that the sum of six thousand five Apiao of
hundred dollars may be set apart from each of the first four annual pay- pj o. to
ments to be made to the Miami. west, and applied as far as it may be the'aWiest.
necessary to the settlement of their affairs. It is also agreed that so much
as may be necessary for the repair of their mill and school-house, shall M and schOol.
be set apart from any fund now on hand belonging to said Indians, or be house.
taken from any of the first instalments in this instrument provided for.
ARTICLE 14. This instrument shall be obligatory on the contracting
parties whenever the same shall be ratified by the President and the
Senate of the United States.
vOL. x. TREAT. - 138
AssentorSen- And whereas the said treaty, having been submitted to the Senate of
ate with amend- the United States for its constitutional action thereon, the Senate did, on
ments. the fourth day of August, eighteen hundred and fifty-four, advise and
consent to the ratification of its articles and amendments, by a resolution
in the wbrds and figures following, to wit : -
By the President:
W. L MAOTr,
&eretasy of &tate.
A PROCLAMATION.
Whereas a convention between the United States of America and her
Britannic Majesty, was concluded and signed by their respective plenipo-
tentiaries, at Washington, on the seventeenth day of July last, which con-
vention is word for word, as follows -4.
Whereas a convention was concluded on the 8th day of February, 1858, Preamble.
between the United States of America and her Britannic Majesty, for the
settlement of outstanding claims, by a mixed commission, limited to endure Aue, p. 988.
for twelve months from the day of the first meeting of the eommissioners:
and whereas doubts have arisen as to the practicabilityof the business of
the said commission being concluded within the period assigned, the
President of the United States, and her Majesty the Queen of the United
Kingdom of Great Britain and Ireland, are desirous that the time origin-
ally fixed for the duration of the commission should be extended, and to
this end have named plenipotentiaries to agree upon the best mode of
effecting this object -that is to say: the President of the United States,
the Honorable William L. Marcy, .cretary of State of the United States;
and her Majesty the Queen of the United Kingdom of Great Britain and
Ireland, John Fiennes Crampton, Esq., her Majesty's envoy extraordinary
and minister plenipotentiary at Washington, who have agreed as follows:
ARTICLE 1. The high contracting parties agree that the time limited Time for ter
in the convention above referred to for the termination of the commission, ,-h osom
shall be extended for a period not exceeding four months -from the 15th claims extended.
of September next, should such extension be deemed necessary by the
commissioners, or the umpire, in case of their disagreement; it being
agreed that nothing contained in this article shall in anywise alter or
extend the time originally fixed in the said convention for the presenta-
tion of claims to the commissioners.
ARTICLE 2. The present convention shall be ratified, and the ratifi-
cations shall be exchanged at London, as soon as possible within four
months from the date thereof.
The two high contracting parties Les deux hautes parties con-
recognize as permanent and immu- tratantes reconnaissent omme per-
table the following principles, to wit: manent et immuable lb principe qui
1st. That free ships make free suit, savoir:
goods-that is to say, that the effects 10. Quo le pavilion couvre la 1 eshmps to
or goods belonging to subjects or marchandise, (that free ships make make ree goo.
citizens of a Power or State at war free goods,) c'est & dire, que les
VOL. x. TkzAT. - 189
ARTICLE MI ARTIOL IL
An ulterior un- The two high contracting parties Les deux hautes parties con-
dentandinge reserve themselves to come to an tractantes se rdservent de s'entendre
cme to if neces. ulterior understanding as cireum- ultdrieurement selon que les cir-
857. stances may require, with regard to conotances pourront r'exlger sur
the application and extension to be l'application et rextension h don-
given, if there be any canse for it, ner, s'il y a lieu, aux principes
to the principles laid down in the convenus i larticle 1. Mais elles
1st article. But they declare from declarent de h prsent qu'elles
this time that they will take the prendront les stipulations que ren-
stipulations contained in said article ferme le dit article 1, pour rAgle,
1st as a rule, whenever it shall be- toutes lea fois qu'il s'agim d'apricier
come a question, to judge of the lee droits de neutralit6.
rights of neutrality.
Other nations It is agreed by the high contract- II est convenn entre les haute
MY accede to ing parties that all nations which parties contractantes que toutes les
teay, shall or may consent to accede to nations qui voudraient consentir &a
the rules of the first article of this acceder aux rdgles contenues dans
convention, by a formal declaration rartile ' de cette convention par
stipulating to observe them, shall une declaration formelle stipulant
enjoy the rights resulting from such qu'elles a'engagent A les observer,
accession as they shall be enjoyed jouiront des droitszdsultant de cette
and observed by the two Powers accession comme les deux Puis-
signing this convention. They shall sances signatairos de cotte conven-
mutually communicate to each other tion jouiront de ces droits et les
the results of the steps which may observeront. Elles se communi-
be taken on the subject. queront rdeiproquement le r~sultat
des demarches qui seront faites L ce
sujet.
his Majesty the Emperor of all the Majest rEmpereur de toutes lsa
Russias, and the ratifications of the Russies, et lee ratifications, en seront
same shall be exchanged at Wash- echang6es h Washington dans re-
ington, within the period of ten space de dix mols, A compter de ce
months, counting from this day, or jour, on plus t6t, si faire s peut.
sooner, if possible.
In faith whereof, the respective En foi de quol los plenipoten-
plenipotentiaries have signed the tlaires respectifs ont sign6 Ia pre-
present convention, in duplicate, sente convention, en duplicata, et y
and thereto affixed the seal of their ont appos6 le cachet de leurs armes.
arms.
Done at Washington, the twenty- Fait A Washington, le vingt-
second day of July, the year of deuxibme de Juiliet, ran de Grace
Grace, 1854. 1854.
W. L. MARCY, [N. s.1 W. L. MARCY, [L. 5.)
EDOUARD STOECKL. [L. S.] EDOUARD STOECKL. [L. 8.]
And whereas the said convention has been duly ratified on both parts,
and the respective ratifications of the same were exchanged in this city on
the 31st ultimo, byWillim L. Marcy, Secretary of State of the United
States, and Mr. Edward de StoeckI, his imperial Majesty's chargo
d'afl'aires to this government, on the part of their respective govern-
ments: -
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 testimony whereof, I have hereunto set my hand and caused the
seal of the United States to be affiied.
Done at-the city of Washington, this first day of November, in
[L. S.] the year of our Lord one thousand eight hundred and fifty-
four, and of the independence of the United States the
seventy-ninth.
FRANKLIN PIERCE.
By the President.
W. L. MA3cy,
&creta7 Of &at#.
FRANKLIN PIERCE,
PRESIDENT OF THE UNITED STATES OF AMERICA: Sept. 80, 1s.
TO AL A" SINGULAR TO WROX TMESE P EsENIEs s81:A COMZ, G RZfG:
La Pointe Band.
KE-CHE-WAISH-KE, or the Buffalo, 1st chie his x mark. rL. s
CHAY-CHE-QUE-OlH, 2d chief, his x mark.
A-DAW-WE-GE-ZHICK, or Each Side of the sky,
2d chief, his x mark. rL. 8.1
O-SKE-NAW-WAY, or the Youth, 2d chief, his x mark. [L. 0.]
IIAW-CAW-DAY-PF-NAY-SE, or the Black
Bird, 2d chief, his x mark.
NAW-WAW-NAW-QUOT, headman, his x mark. L.I"
KE-WAIN-ZEENCE, headman, his x mark.
WAW-BAW-NE-ME-KE,
or the White Thunder, 2d chief, his x mark.
PAY-BAW-ME-SAY, or the Soarer, 2d chief, his x mark. IL. S.1
NAW-WAW-GE-WAW-NOSE,
or the Little Current, 2d chief, his x mark. [L. 8.]
MAW-CAW-DAY-WAW-QUOT,
or the Black Cloud, 2d chief, his x mark, L. 8.
ME-SHE-NAW-WAY, or the Disciple, 2d chief, his x mark. [L. S.J
KEY-ME-WAW-NAW-UM, headman, his x mark. L. 0.j
SHE-GOG headman,
(Mongon BAnS
0-CUN-DE-CUN, or the Buoy 1st chief, his x.niark. .8]
WAW-SAY-GE-ZHICK, or the Clear Sky, 2d chief, his x mark.
KEESH-KE-TAW-WUG,'headman, his x mark. L.
'.ke B=an&
DAVID KING, 1st ehieA his x mark. [L"a.)
JOHN SOUTHWIND, headman, his x mark. L.s.
PETER MARKSMAN, headman, his x mark. L. S.
NA-TAW-ME-GE-ZHICK, or the First Sky,
2d chief, his x mark.. [L. 0.1
AW-SE-NEECE, headman, his x mark. [L. s.]
JOHN F. GoDpnOY,
Guo. JOHNSTON,
S. A. XMavm,
Hnsav IL MOE,
J. W. LINDE,
G. D. WILLIAMS,
B. H. CoNNoR,
E. W. MULDOUGH,
RICARD GODFROY,
D. S. CASH,
H. H. MCCULLOUGTI,
. SmnTH Lzn,
WK. E. VA-TASSAL,
L, H. WmzLE.
And whereas the said treaty having been submitted to the Senate of
the United States for it constitutional action thereon, the Senate did, on
the tenth day of January, eighteen hundred and fifty-live, ratify the same
by a resolution in thp words and figures following, to wit:
FRANKLIN PIERCE,
Nov. 4, 1864. PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL COKE,
GREETING:
R. M. JONES, L.S.
DANIEL FOLSOM, L.S.1
SAMUEL GARLAND, LL.S.
igommissioner on the padt of Ohoctaws.
EDMUND PICKENS, [L.s.]
BENJAMIN S. LOVE, [L.s.
JAMES T. GAINES, L.s.
SAMPSON FOLSOM, L. s.
EDMUND PERRY, [L.m.J
Coasaionesr on the part of the 7dclasatos.
In presence of
Gzo. W. HAxKNs,
PZTER FOLSOM,
NICHOLAS CooHNANxs,
JACKSON FRAZIER,
Ohiefis of the Clhootato nation.
DOUGLAS H. CooPER,
U.. Indian Agent.
WILLIAM K. MCKEAN.
And whereas the said treaty having been submitted to the Senate of
the United States for its constitutional action thereon, the Senate did, 9n
the twenty-eighth day of February, eighteen hundred and fifty-five,
advise and consent to the ratification ot its articles, by a resolution in the
words and figures following, to wit: -
"IN ExncuTr'n SisszoN, SENATE o Tim U. S.,
"F@ruary 28, 1855.
"Resoved, That the assent of the Senate be, and the same hereby is, Aumt of
given to the articles of convention and agreement between the Choctaw Senate.
and Chickasaw tribes of Indians, made on the 4th day of November,
1854, at Doaksvlle, near Fort Towson, Choctaw nation.
"Attest: ASBURY DICKINS,
. FRANKLIN PIERCE,
PRESIDENT OF THE UNITED STATES OF AMERICA, Nov. is, I".
WmmztS a treaty was made and concluded on the fifteenth day of Preamble.
November, one thousand eight hundred and fifty-four, between the
United States of America and the chiefs an4 headmen of the Rogue
River tribe of Indians, which treaty is in the words following, to wit :-
Articles of an agreement entered into and concluded this fifteenth day
of November, one thousand eight hundred and 9ifly-four, between Joel
Palmer, superintendent of Indian affairs, on the part of the United States,
and the chiefs and headmen of the Rogue River tribe of Indians, on the
part of said tribe.
ARTIcLE FntST. It is agreed on the part of said tribe, that the Table Other Indians
Rock reserve, described in the treaty of the 10th September, 1858, be- malY esetlled
tween the United States and the Rogue River tribe, shall be possessed Rock rarve.*
and occupied jointly by said tribe and such other tribes and bands of In-
dians as the United States shall agree with by treaty stipulations, or the Ante p. 1os.
President of the United States shall direct, to reside thereupon, the place
of residence of each tribe, part of tribe, or bind on said reserve, to be
designated by the superintendent of Indian affairs or Indian agent; that
the tribes and bands hereafter to be settled on said reserve shall enjoy
equal rights and privileges with the Rogue River tribe; and that the
annuities paid to the Indians now residing, or hereafter to reside on said Annuities.
reserve, shall be shared by all alike, from and after said residence there-
on: Provided, that the annuity of the Rogue River tribe, as agreed on
in the treaty of the 10th September, 1858, shall not be diminished or in
any way impaired thereby. It is also agreed, that the United States
shall have the right to make such roads, highways, and railroads through Roads may be
said reserve as the public good may from time to time require, a just made.
compensation being made therefor.
ARTICOLE SECOND. In consideration of the foregoing stipulations, it Payment and
is agreed on the part of the United States to pay to the Rogue River 6P d0128 in
tribe, as soon as practicable after the signing of this agreement, two confsideration
the foregolng of
thousand one hundred and fifty dollars, in the following articles: twelve article.
horses, one beef, two yokes of oxen, with yokes and chains, one wagon,
one hundred men's coats, fifty pairs of pantaloons, and fifty hickory shirts;
also, that in the treaties to be made with other tribes and bands, hereafter
to be located on said reserve, that provision shall be made for the erec-
tion of two smith shops ; for tools, iron, and blacksmiths for the same; for
opening farms and employing farmers; for a hospittl, meicines, and a
physician; and for one or more schools; the. uses and benefits of all
which shall be secured to said Rogue River tribe equally with the
tribes and bands treated with; all the improvements made, and, schools,
hospital, and shops erected, to be conducted in accordance with such
laws, rules, and regulations as the Congress or the President of the United
States may prescribe.
*31r treaties providing for removal of other tribes to said reserve, soee post, pp.
1123, fc.
Executed in presence of
EDWAxto R. GnAay, &cretary.
Cnrs. TAmoE,
Jom FLETT, haetemeter.
R. B. METCALFE.
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 third day of March, one thousand eight hundred and fifty-five, advise
and consent to the ratification of its articles, by a resolution in the words
and figures following, to wit: -
"IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES,
"MAarch 8, 1855.
Assent of "Resolved (two thirds of the Senators present concurring,) That the
Senate. Senate advise and consent to the ratification of the articles of an agree-
ment entered into and concluded this fifteenth day of November, one
thousand eight hundred and fifty-four, between Joel Palmer, superin-
tendent of Indian affairs, on the part of the United States, and the chiefs
and headmen of the Rogue River tribe of Indians, on the part of said
tribe.
"Attest: ASBURY DICKINS,
a Seeretarw4'
By the President:
W. L. MARCY, &ecretwyof t&a.
FRANKLIN PIER'CE,
Nov. is, 1s5& PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALL PIsON5 TO WHOM THESE PRZSE TS SALTL COME,
GREETMnG:
Preamble. Wmias a treaty was made and concludedj at the council ground,
opposite the mouth of Applegate Creek, on'Rogue River, in the Territory
of Oregon, on the eighteenth day of November, eighteen hundred and
fifty-four, between the United States and the Chasta and other tribes of
Indians, which treaty is in the words following, to wit: -
Articles of a convention and agreement made and concluded at the
council ground opposite the mouth of Applegate Creek, on Rogue River,
in the Territory of Oregon, on the eighteenth day of November, one
thousand eight hundred and fifty-four, by Joel Palmer, superintendent of
Indian affairs, on the part of the United States, and the chiefs and head-
men of the Quil-si-eton and Na-hel-ta bands, of the Chasta tribe of In-
dians, the Cow-nan-ti-co, Sit-cher-i-ton, and Na-al-ye bands of Scotons,
and the Grave Creek band of Umpquas, to wit: Jes-tul-tut, or Little
Chief, Ko-ne-che-quot, or Bill, Se-sel-che-tel, or Salmon Fisher, Kut-ki-
am-i-na, or Bush-head, Te-po-kon-ta, or Sam, and Jo, they being duly
authorized thereto by said united bands.
Cession to the ARTICLE FRST. The aforesaid united bands cede to the United
United States. States all their country bounded as follows: -
Commencing at a point in the middle of Rogue River, one mile below
the mouth of Applegate Creek; thence northerly, on the western boun-
dary of the country heretofore purchased of the Rogue River tribe by the
.United States, to the head-waters of Jump-Off-Jo Creek; thence westerly
to the extreme northeastern limit of the country purchased of the Cow
Creek band of Umpquas; thence along that boundary t6 its extreme
southwestern limit; thence due west to a point from which a line running
due south would cross Rogue River, midway between the mouth of Grave'
Creek and the great bend of Rogue River; thence south to the southern
boundary of Oregon; thence east along said boundary to the summit of
the main ridge of the Siskiou Mountains, or until this line reaches the
boundary of the country purchased of the Rogue River tribe; thence
northerly along the western boundary of said purchase to the place of
beginning.
ARTICLE SooND. The said united bands agree that as soon after
Removal to the ratification of this convention as practicable, they will remove to such
Table Rook portion of the Table Rock reserve as may be assigned them by the
reserve. superintendent of Indian affairs or agent, or to whatsoever other reserve
the President of the United States may at any time hereafter direct.
ARTICLE THIRD. In consideration of and payment for the country
Payment for herein ceded, the United States agree to pay to the said united bands the
said dion. sum of two thousand dollars annually for fifteen years, from and after the
first day of September, one thousand eight hundred and Mifty-five, which
annuities shall be added to those secured to the Rogue River tribe by
the treaty of the 10th September, 1858, and the amount shared by the
members of the united bands and of the Rogue River tribe, jointly and
alike; said annuities to be expended for the use and benefit of said bands
and tribe in such manner as the President may from time to time pre-
FRANKLIN PIERCE,
PRESIDENT OF THE UNITED STATES OF AMERICA. Nov. 29, 1854
TO ALL AND SINGULAR TO WROM THME5 PREs5re sWAIL COME,
GREETING:
VOL. x. TuRAT.-142
FRANKLIN PIERCE,
Dec. 9,1854. PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL 0MER,
GREETING:
ras, have hereunto set their hands and seals, at the place and on the day
and year above written.
GEORGE HEPNER, fsB .]
United &ates lIdiw& Agena.
HICK KAPOO, his x mark, [sEAL.'
BIL SOLDIER, his x mark, SEAL.'
CHI-AN-A-KA, or BUFFALO CHIEF, his x mark, SEAL.]
MISSOURI CHIEF, his x mark, SAL.]
WHITE WATER, his x mark, sfeL..
Executed in presence of-
Luwis BERNAED, his x mark.
U .a nterreter.
H. P. DowNs,
Jom BA&LWARE.
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 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 following, to wit: -
"IN EXECUTIVE SESSION,SENATE 0 THE UNITED STATES,
Fbary 28, 1855.
"-F
"Resolved, (two thirds of the senators present concurring,) That the C Of
Senate advise and consent to the ratification of the article of agreement Sate.
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 Hep-
ner, 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 tribes, on the fifteenth day of
March, one thousand eight hundred and fifty-four.
"Attest: ASBURY DICKINS,
"&Cre6tar."
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 twenty-
eighth day of February, one thousand eight hundred and fifty-five, ac-
cept, 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.
[L. .] Done at the city of Washington, this tenth day of April, in the
year of our Lord one thousand eight hundred and fifty-five,
and of the independence of the United States the seventy-
ninth.
FRANKLIN FIERCE.
By the President:
W. L. MAncy, Ski" of ste.
-FRANKLIN PIERCE,
Do&. 26, 1884.
PRESIDENT OF THE UNITED STATES OF AMERICA,
set apart, and, so far as necessary, surveyed and-marked out for their ex-
clusive ue; nor shall any white man be permitted to reside upon the
same without permission of the tribe and the superintendent or agent.
And the said tribes and bands agree to remove to and settle upon the Removal the-
same within one year after the ratification of this treaty, or sooner if the to.
means are furnished them. In the mean time, it shall be lawful for them
to reside upon any ground not in the actual claim and occupation of citi-
zens of the United States, and upon any ground claimed or occupied, if
with the permission of the owner or claimant. If necessary for the pub-
lic convenience, roads may be run through their reserves, and, on the P.M& may be
other hand, the right of way with free access from the same to the near- tonscd.
est pcblie highway is secured to them.
ARTIOLE HI. The right of taking fish, at all usual and accustomed Rights to ih
grounds and stations; is further secured to said Indians, in common with
all citizens of the Territory, and of erecting temporary houses for the
purpose of curing, together with the privilege of hunting, gathering roots
and berries, and pasturing their horses on open and unclaimed lands:
.Provided,however, That they shall not take shell fish from any beds
staked or cultivated by citizens, and that they shall alter all stallions not
intended for breeding horses, and shall keep up and confine the latter.
AnTICLE IV. In consideration of the above cession, the United States
agree to pay to the said tribes and bands the sum of thirty-two thousand Payments fa
five hundred dollars, in the following manner, that is to say: For the d cessin.
first year after the ratification hereof, three thousand two hundred and
fifty dollars ; for the next two years, three thousand dollars each year;
for the next three years two thousand dollars each year; for the next
four years fifteen hundred dollars each year; for the next five years
twelve hundred dollars each year, and for the next five years one thou-
sand dollars each year; all which said sums of money shall be applied How appled.
to the use and benefit of the said Indians, under the direction of the
President of the United States, who may from time to time determine, at
his discretion, upon what beneficial objects to expend the same. And the
superintendent of Indian affairs, or other proper officer, shall each year
inform the President of the wishes of skid Indians in respect thereto.
ARTICLH V. To enable the said Indians to remove to and settle E ns
upon their aforesaid reservations, and to clear, fence, and break up a mo=al, Co.
sufficient quahtity of land for cultivdtion, the United States further agree
to pay the sum of three thousand two hundred and fifty dollars, to be
laid out and expended under the direction of the President, and in such
manner as he shall approve.
ARTiCLE VL The President may hereafter, when in his opinion the
interests of the Territory may require, and the welfare of the said In.-
dians be promoted, remove them from either or all of said reservations Removal ftm
to such other suitable place or places within said Territory as he may said reservation.
deem fit, on remunerating them for their improvements and the ex-
penses of their removal, or may consolidate them with other friendly tribes
or bands. And he may further, at his discretion, cause the whole or any
portion of the lands hereby reserved, or of such other land as may be se-
lected in lieu thereof, to be surveyed into lots, and assign the same to
such individuals or families as are willing to avail themselves of the priv-
ilege, and will locate on the same as a permanent home, on the same
terms and subject to the same regulations as are provided in the sixth
article of the treaty with the Omahas, so far as the same may be applica- AW,, p. 104.
ble. Any substantial improvements heretofore made by any Indian, and
which he shall be compelled to abandon in consequence of this treaty,
shall be valued under the direction of the President, and payment be
made accordingly therefor. an i not
AtTICLE VIL The -annuities of the aforesaid tribes and bands shall to be taken for
not be taken to pay the debts of individuals, debts.
SAH-PUTSH,
WILLIAM, his xxmark. -
mark. L. S.
A PROCLAMATION.
Title. Wu uzAs a convention between the United States of America and
the Kingdom of Hanover was concluded and signed by their respective
plenipotentiaries, in London, on the eighteenth day of January, eighteen
hundred and fifty-five; which convention, being in the English and
German languages, is, word for word, as follows: -
Preamble as to Convention for the mutual extradi- Vertrag zwischen den Veremnigten
extradition of tion of fugitives from justice, in Staaten einerseits und dem K-
cdminals.
certiin cases, concluded between nigreich Hannover andererseits
the government of the United wegen der in gewissen FIllen zu
States on the one part, and the gewibrenden gegenseitigen Aus-
kingdom of Hanover on the other lieferung det vor der Justiz fltch-
part. tigen Verbrecher.
The United States of America Die Vereinigien Staaten von
and his Majesty the King of Hano- Amerika und Seine Majestit der
ver, actuated by an equal desire to Konig von Hannover, von dem glei-
further the administration of justice, chenWunsche beseelt, in den beider-
and to prevent the commission oft seitigen Staaten die Verwaltung der
crime in their respective countries, Rechtspfiege und die Verhttung
taking into consideration that the von Verbrechen zu befirdern, in
increased means of conimunication Erwagung dass die verbesserten
between Europe and America facil- Verkehrsmittel zwisohen Europa
tate the escape of offenders, and that, und Amerika das Entkommen von
consequently, provision ought to be Verbrechern erleichtern, und dass
made in order that the ends of jus- es daher einer gemeinschaftlichen
tice shall not be defeated, have deter- Vorsorge bedarf, damit nicht die
mined to conclude an arrangement Zweeke der Gerechtigkeit ver-
destined to regulate the course to be eitelt werden, dann in Berflcksich-
observed, in all eases, with refer- tigung der Verfassung und Ge-
ence to the extradition of such in- setzgebung Hannovers, welche es
dividuals as, having committed any der Hannoverschen Regierung nicht
of the offences hereafter enumerated gestatten, ihre eignen Unterthanen
in one country, shall have taken zur Aburtheilung vor fremden Ge-
refuge within the territories of the richtshofen auszuliefern, sowie in
other. The constitution and laws Berticksichtigung des Grundsatzes
of Hanover, however, not allowing genauer Reciprocitdit, nach welchem
NeithOr coun- the Hanoverian government to sur- aeh die Regierung der Vereinigten
try to deItver
its own up render their own subjects for trial Staatefi eine Verbindlichkeit zur
subjeots
or citizens, before a foreign court of justice, a Auslieferung von Btirgern der Ver-
strict reciprocity requires that the einigten Staaten, gegenliber der
government of the United States Hannoverschen Regierung, nicht
shall be held equally free from any eingeen sol, haben sich entsehlos-
obligation to surrender citizens of sen, eine Uebereinkunft abzuslHies-
the United States. sen, welehe in allen Fillen zur
Richtschnur des Verfahrens hin-
sichtlich der Auslieferung solcher
Personen dienen soIl, welche in
dem einen Lande gewisse hiernach
namentlich aufgezlhlte Verbrechen
verbt, und sich sodann in das
Gebiet des andern Staates geffitchtet
haben.
For which purpose the high con- Zu diesm Zwecke haben die
tracting powers have appointed as hohen contrahirenden Theile zu
their plenipotentiaries: The Presi- Thren Bevollmilchtigten ernannt: Negotiator.
dent of the United States, James Der Prsident der Vere'migten
Buchanan, envoy extraordinary and Staaten James Buchanan, ausser-
minister plenipotentiary of the Unit- ordentlichen Gesandten mnd bevoll-
ed States at the court of the United miehtigten Minister der Vereinigten
Kingdom of Great Britain and Ire- Stasten am Hofe des Vereinigten
land ; his Majesty the King of Konigreicbs von Grosabrittannien-
Hanover, the Count Adolphus von und Irland; Seine Majestit der
Kiolmansegge,
dina and ministerhis envoy extraor- Kdng von Hannover den Grafen
plenipotentiary Adolph von Kielmansegge, Afler-
to her Britannic piajesty, grand hdchstIhren ausserordentlichen Ge-
cross of the order of the Guelphs, sandten und bevollmichtigten Min-
&e, &c., who after reciprocal com- ister bet Ihrer grossbritannishen
munication of their respective full Majestitt, Grosskreuz des Guelphen-
powers, found in good and due form, Ordeus, etc, etc., ivelehe nach gegen-
have agreed to the following arti- seitiger Mittheilung ihrer elnseilm-
des:- gigen in guter und geh~riger Form
eundenon Vollmachten tUber nach-
folgende Artikel tibereingekomen
sind: -
A=xLn I. AuTrK=L .
The government of the United Die Regierung der Vereinigten For what
States and the Hanoverian govern- Staaten und die kmniglich Hanno- enon may be do-
•
ment promise and engage, upon versche Regierung versprechen und maude
mutual requisitions by them, or their machen sich verbindlich, auf gegn-
ministers, officers, or authorities, re- seitige Requisitionen, welehe respec.
spectively made, to deliver up to tive sie selbst, oder ihre Gesandten,
justice all persons who, being charg, Beamten odor Beh~rden erlassen,
ed with the crime of murder, or alle Individuen der Justiz auazulie-
assault with intent"to commit mur- fern, welehe beschuldigt, das Vr-
der, or piracy, or arson, or robbery, brechen des Mordes oder eines"
or forgery, or the utterance of forged Angrifib in m~rderischer Absicht,
papers, or the fabrication or circdia- oder des Seeraube, odr der Brand-
tion of counterfeit money, whether stiftung, oder des Raubes, oder der
coin or paper money, or the embez- Fiilschung, oder des Ausgebens fal-
zlement of publie moneys, committed scher Documente, oder der Verfer-
within the jurisdiction of either par- tigung oder Verbreitung falschen
ty, shall seek an asylum, or shall Geldes, sei es gemtinstes oderPapier-
be found within the territories of the geld, oder des Defeetes, oder der
other.: Provided, That this shall Unterschlagung fentlicher Gelder,
only be done upon such evidence of innerhalb der Gerichtsbarkeit eines Evdenc.
criminality as, according to the laws der beiden Theile begangen zn ha-
of the place where the fugitive or ben, in dem Gebiete des anderen
person so charged shall be found, Theies ene. Zuflucht suchen, oder
would justify his apprehension and dort aufgefunden werden, mit der
commitment for trial if the crime or Beschruiukung jedocb, dass dies nur
offence had there been committed; auf solehe Beweise fir die Straf-
and the respective judges and other barkeit geschehen sol, welche nach Made of our-
magistrates of the two governments den Gesetzen des Ortes, wo der rn der.
shall have power, jurisdiction, and FIchtling oder das so beschuldigte
authority, upon complaint made un- Individum aufgefunden wird, des-
der oath, to issue a warrant for the sen Verhaftung und Stellung vor
apprehension of the fugitive or per. Gericht rechtfertigen warden, wenn
son so charged, that he my be des Verbrechen oder Vergehen dort
brought before such judges or othej begangen witre, und die respectiven
Other Germano, The stipulations of this conven- Die Bestimmungen dieser Ueber-
states may ac- tion shall be applied to any other einkunft sollen auf jeden anderen
trety. thi State of the Germanic confederation
Staat des Deutsehen Bundes An-
which may hereafter declare its ac- wendung lnden, der spliter seinen
cession thereto. Beitritt zu derselben erklitrt.
AmTrCLE IL AxstiKr III.
Hetther party None of the contracting parties Keiner der contrahirenden Theile
to surrender its shall be bound to deliver up its own soil gehalten sein, in GemKssheit
own subjects or subjects or citizens un4er the stipu-
citizens. der Bestimmungen dieser Ueber-
lations of this convention. einkunft, seine eigenen Untcrthanen
oder BUrger auszuliefern.
ARTiCLE IV. AnTiKEL IV.
Provision when Whenever any person accused of Wenn ein Individuum welches
the criminal has any of the crimes enume-ated in eines der in dieser Uebereinkunft
committed
crime: a new this'convention shall have committed aufgeziiliten Verbrechen angeklagt
a new crime in the territories of ist, ein neues Verbrechen in dem
the
State where Re has sought an asylum, Gebiete des Staates begangen baben
or shall be found, such person shall sollte, wo er eine Zuflucht gesucht
not be delivered up, under the stipu- hat oder aufgefunden wird, so soll
lations of this convention, until he ein solches Individuum nicht eher
shall have been tried and shall have in Gemiissheit der Bestimmungen
received the punishment due to such dieser Uebereinkunft ausgeliefert
new crime, or shall have been ac- werden, als bis dasselbe vor Gericht
quitted thereof. gestellt worden sein, und die auf ein
solches neues Verbrechen gesetzte
And whereas the said convention has been duly ratified on both parts,
and the respective ratifications of the same were exchanged in Lo-ndon,
on the seventeenth ultimo: -
Now, therefore, be it known, that I, FRANKLIN PIERCE, Presi-
dent of the United States of America, have caused the said convention to
FRANKLIN PIERCE,
PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALL AN" SINGULAR TO WHOM THESE P"SENTS SHALL COME,
GREETING:
WiKEEN 4.S a treaty was made and concluded at Dayton, Oregon Terri- Title.
tory, in the month of January, eighteen hundred and fifty-five, by Joel
Palmer, superintendent of Indian affairs, on the part of the United States,
and the chiefs of the confederated bands of Indians residing in the Wil-
laniette Valley, which treaty is in the words following, to wit:-
Articles of agreement
Oregon Territory, and onvention made and concluded at Dayton,
by Joel Palmer, superintendent of Indian affars, on
the part ofbands
federated the United States,
of Indians and the
residing in following namedVralley,
the Willamette chiefs of thebeing
they con-
duly authorized thereto by their respective bands, to wit: Ki-a-kuts, Le
Medicin, and Yatskaw, or Dave, chiefs of the Tualatin band of Calapooias;
Shap-h, or William, Shel-ke-ab, or David, and Cha-ab, or Jesse, chiefs
of the Yam Hill band; Dabo, or Jim, Sco-lq-quit, or John, and Yah-kow,
or Kompetine, chiefs of the Che-luk-l-ma-uke band; Ah-mo, or George,
Himpher, or Hubbard, and Oh-no, or Tim, chiefs of the Chep-en-a-pho
or Marysville band; Ma-mah-mo, or Charley Peter, Cha-che-clue, or
Tom, and Quineflat, or Den, chiefs of the Chem-a-pho, or Maddy band;
Luck-a-ma-foo, or Antoine, and Hoo-til, or Charley, chiefs of the Che-
lam-e-la, or Long Tom band, all of the Calapooias; Qui-a-qua-ty, Yal-
kus, and Kow-ka-ma, or Long Hair, chiefs of the Mo-lal-la band of Mo-
lal-las; Kilos, or Jim, and Iow-ah-tough, or John, chiefs of the Cala-
pooia band of Calapoolas; Anta-quil-al-la, or John, and Mequah, of the
Winnofelly and Mohawk bands; Yack-a-tee, or Sam, To-phor, or Jim
Brown, and Hal-la-be, or Doctor, of the Tekopa band; Pulk-tah, of the
Chafan band of the Calapooia tribe; Tum-wath and O-ban-a-hah, chiefs
of the Wah-la-la band of Tum-waters; WVatch-n-no, Te-ap-i-nick ad
Wal-lah-pi-coto, chiefs of the lack--mas tribe ; Lallak and Cuck-a-
man-na, or David, of the Clow-we-wal-la or Willamette Turn-water
band; Tow-ye-col'-1a, or Louis; Yelk-man, or Jo, La-ham, or Tom,
Joseph Sanegertta, Pullican, Te-na, or' Kilcs, Pul-kup-li-ma, or John,
Sallaf, or Silas, Hoip-ke-nek, or Jack, Yepta and Sat-invose, or James,
chiefs and headmen of the Santlara bands of Calapooias.
ARTICrL FIRsT. The above-named confederated bands of Indians Ce*son to the
cede to the United States all their right, title, and claim to all and every United States.
part of the country included in the following boundaries, to wit: -
Commencing in the middle of ihe main channel of the Columbia River,
opposite the mouth of the first creek emptying into said river from the
south below Oak point, thence south to the first standard parallel north of
the base line in the government survey, thence west to the summit of the
cotst range of mountains, thence southerly along the summit of said
range to the Calapooia Mountains, thence easterly along the summit of
said mountains to the summit of the Cascade Mountains, thence along
said summit northerly, to the middle of the Columbia River. at the Cas-
Cade Falls, and thence down the middle of said river to the place of be-
ginning.
In testimony whereof the said Joel Palmer, on the. part of the United
States as aforesaid, and the undersigned chiefs of the said confeder-
ated bands, have hereunto set their hands and seals this fourth day
of January, eighteen hundred and fifty-five, at Dayton, in Oregon
Territory.
We, the chiefs of the Molalla band of Molafas, and 6f the Calapooia
band of Calapooias, give our assent unto, and agree to the provisions of
the foregoing treaty.
In testimony whereof we have hereunto set our hands and seals, at
Dayton, this ninth day of January, eighteen hundred and fifty-five.
Executed in presence of us -
EDWARD R. GARY, Secretary.
CRis. TAYLOR, Assistant SeCrtarjf.
Jomr FLETI, 1beepreter.
P'vmLL A. DcxzE,
LoRzrzo PALMER.
Executed in presence of us -
CaRs. TAYLOR, Assistant &cretary.
ANDREw SxTH,
JoHN FL TT, nteprmeter.
We, the chiefs and headmen of the Santam bands of Calapooia Indians,
being duly authorized by our respective bands, give our assent unto, and
agree to the provisions of the. foregoing treaty.
In testimony whereof we have hereunto set our hands and seals, at
Dayton, Oregon Territory, this twenty-sbcond day of January, eighteen
hundred and fifty-five.
TOW-YE-COLLA, or LOUIS, first chief, his x mark, [L .] *
LA-HAM, or TOM, third chief, his x mark, [. a.
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 third day of March, eighteen hundred and fifty-five, advise and con-
sent to the ratification of its articles, by a resolution in the words and
figures following, to wit: -
"1rEXECUTIVE SESSION, SNATE OF THE UNTED STATRS,
"March 8, 1855.
Assent of "Resolved; (two thirds of the senators present concurring,) That the
Senate. Senate advise and consent to the ratification of the articles of agreement
and convention made and concluded at Dayton, Oregon Territory, by
Joel Palmer, superintendent of Indian affairs on the part of the United
States, and the following named chiefs of the confedcrated bands of
Indians residing in the Willamette valley, they being duly authorized
thereto by their respective- bands, to wit: Ki-a-kuts, Le Medicin, snd
Yats-kow, or Daye, chiefs of the Tualatin band of Calapooias; Shap-h, or
William, Shel-ke-ah, or David, and Cha-ah, or Jesse, chiefs of the Yam Hill
band; Dabo, or Jim, Sc-la-quit, or John, and Yah-kow, or Kompetine,
chiefs of the Che-luk-i-ma-uke band; Ah-mo, or George, Himpher, or
Hubbard, and Oh-no, or Tim, chiefs of the Chep-en-a-pho, or Marysville
band; Ma-mah-mo, or Charley Peter, Cha-che-clue, or Tom, and Quine-
fiat, or Ben, chiefs of the Chem-a-pho, or Maddy band; Luck-a-ma-foo,
or Antoine, and Hoo-til, or Chailey, chiefs of the Che-lam-e-la, or Long
Tom band, all of the Calapooias; Qui-a-qua-ty, Yal-kus, and Kow-ka-
ma, or Long Hair, chiefs of the Mo-ha-la band of Mo-la-las; Kiles,
or Jim, and Kow-ah-toogb, or John, chiefs of the Calapooia band of Cala-
pooias; Anta-quil-al-la, or John, and Mequab, of the Winneffelly and
Mohawk bands; Yack-a-tee, or Sam, To-phor or Jim Brown, and Hal-
ia-be, or Doctor, of the Tekopa band; Pulk-tab, of the Chafan band of
the Calapooia tribe; Tum-wath and O-ban-a-hah, chiefs of the Wah-
Ial-la band of Turn-waters ; Watch-a-no ; Te-ap-i-nick and Wal-lah-pi-
cote, chiefs of the Clack-a-mas tribe; Lallak and Cuck-a-man-na, or David,
of the Clow-we-wal-la, or Willamette Tum-water band; T6w-ye-col-la, or
Louis; Yalk-nm, or Jo, La-ham, or Tom, Joseph Sanegertta, Pullican,
Te-na, or Kiles, Pul-kup-li-ma, or John, &W, or Silas, Hoip-ke-nek or
Jack, Yepta, and Sat invose, or James, chiefs and headmen of the Santam
bands of the Calapooias."
"Attest: ASBURY DICKINS,
" Acretarj."
Now, therefore,'.be it known, that I, FRANKLIN PIERCE, Presi-
dent of the United States of America, do, in pursuance of the advice and
ARTICLE L ARTIKzL L
Archives, &e,, It is, nevertheless, understood that Het stast echter vast dat de
not subject
searh to
ozrexam- the archives and documents relating archieven en bescheiden betreffende
ination. to the aftirs of the consulate shall de zaken van het Consulsat, tegen
be protected against all search, and elk onderzoek sullen beschermd
that no authority or magistrate shall zijn, en dat geen overheid of amb-
have the power, under any pretext tenaar de bevoegdheid zal hebbon,
whatever, to visit or seize them, or die op eenigerhande wijze of onder
to examine their contents. eenig voorwendsel te onderzoeken,
in beslag te nemen of daarvan in-
zage te hebben.
Consuln, &a., The consuls general, consuls, and De Consuls Generasl, Consuls en
not to-have diplo- vice-consuls shall not be invested Vice-Consuls zijn met geenerhande
mate powers,
except, &e.' with any diplomatic character. diplomatieke waardigheid bekleed.
When a request is to be address- Indien eene aanvrage aan de Ne-
ed to the Netherlands government, derlandsche Regering moet worden
it must be done through the medium gedaan, geschiedt zulks door tssch-
of the diplomatic agent residing at enkomst van den diplomatieken
the Hague, if one be there. agent, te 's Gravenhage gevestigd,
indien er een is.
The consul may, in case 9f urg- In speed vereischende gevallen
ency, apply to the governor of the kan de Consul zelf de aanvrage doen
colony himself, showing the urgency san den Gouverneur der Kolonie,
of the case, and stating the reasons daarbij het dringende der zask aan-
why the request cannot be addressed toonende en de redenen, waarom
to the subordinate authorities, or de aanvrage niet aan de onderge-
that previous applications made to schikte overheid kan worden gedaan,
such authorities have not been at- of dat de vroegere aanvragen san
tended to. deze overheden zonder gevolg zijn
gebleven.
ARTICLS VII. ARTIKEL VI1.
Vice-consuls Consuls-general and consuls shall De Consuls Generaal en de Con-
my be appoint- be free to estr:,lish vice-consuls in suls ziju bevoegd Vice-Consuls te
the ports mentioned in article one, benoemen in de havens, vermeld in
and situated in their consular dis- Artik. 1, en gelegen in hun Consu-
tricts. lair DistricLt.
The vice-consuls may be taken De Vice-Consuls kunnen zonder
When a ship of the United States Wanneer een schip. der Ver- Wrecks.
is wrecked upon the coast of the eenigde Staten op de kusten van
Dutch colonies, the consul-general, eeneder Nederlandsche Kolonien
consul, or vice-consul who is pres- komt to stranden, neemt, bij afwe-
ent at the scene of the disaster, zigheid van den Kapitein of den
will, in case of the absence, or with Supercarga, of met hunne toestem-
the consent of the captain or super- ming, de Consul Generaal, Consul
cargo, take all the necessary meas- of Vice-Consul, aanwezig ter plaatse
ures for the salvage of the vessel, van den schipbreuk, al de noodige
the cargo, and all that appertains maatregelen tot redding van schip,
to it. lading en alles wat daarto behoort.
In the absence of the consul-gen- Bij afwezendheid van den Con-
eral, consul, or vice-consulthe Dutch sul Genemal, Consul ofVice-Consul,
authorities of the place where the neemt de Nederlandsehe overheid
wreck has taken place will act in the der plants, waar het schip is ge-
premises, according to the regulations strand, de maatregelen, bij de wet-
"prescribed by the laws of the colony. ten der Kolonie voorgeschreven.
VOL. x. TRxAT. -145
Estates of de- In case of the death of a citizen of Wann er een burger der Ver-
oeased persons. the United States, without having eenigde Staten komt te overlijden,
any known heirs or testamentary zonder bekende erfgenamen of uiter-
executors, the Dutch authorities, stewils uitvoerders mate laten, geven
who, according to the laws of the de Nederlandsche ambtenaren, die
colonies, are charged with the ad- krachtens de wetten der Kolonie
FRANKLIN PIERCE,
PRESIDENT OF THE UNITED STATES OF AMERICA: Jan. 81, 1855
ment of the last instalment of the moneys payable to the Wyandotts, under
this agreement, and such change or changes made therein, as may, from
casualties or otherwise, become necessary; such revisions and changes,
duly authenticated, to be communicated to, and subject to the approval of,
the Commissioner of Indian Affairs.
The said commissioners shall likewise prepare a list of all such persons
and families, among the Wyandott people, as may apply to be temporarily
exempted from citizenship, and for continued protection and assistance
from the United States and an Indian agent, as provided for in the first
article of this agreement. The agent through and by whom such pro-
tection and assistance is to be furnished, shall be designated by the Com-
missioner of Indian Affairs.
The aforesaid plat and schedule, and lists of persons, duly authenticated
by the commissioners, shall be forwarded to the Commissioner of Indian
Affairs, and filed in his office, and copies of the said plat and schedule,
and of the list of persons temporarily exempted from citizenship and
entitled to the continued protection and assistance of the United States
and an Indian agent, duly attested by the commissioners, shall be filed by
them in each of the offices of the secretary of the Territory of Kansas,
and the clerk of the county in which the Wyandott lands are situated.
AuTICLE 4. On the receipt, by the Commissioner of Indian Affairs, Patents to imme
of the plat and schedule, lists of persons, and of the first proceedings of
the Wyandott council; mentioned in the next preceding article, patents
shall be issued by the General Land-Office of the United States, under
the advisemint of the Commissioner of Indian Affairs, to the individuals
of the Wyandott tribe, for the lands severally assigned to them, as pro-
vided for in the third article of this agreement, in the following manner,
to wit: To those reported by the commissioners to be competent to be
entrusted with the control and management of their affairs and interests,
the patents shall contain an absolute and unconditional grant in fee sim-
ple; and shall be delivered to them by the Commissioner of Indian
Affairs, as soon as they can be prepared and recorded in the General
Land-Office: but to those not so competent, the patents shall contain an
express condition, that the lands are not to be sold or alienated for a
period of five years; and not then, without the express consent of the
President of the United States first being obtained; and the said patents
may be withheld by the Commissioner of Indian Affairs, so long as, in
his judgment, their being so withheld may be made to operate beneficially
upon the character and conduct of the individuals entitled to them.
None of the lands to be thus assigned and patented to the Wyandbtts,
shall be subject to taxation for a period of five years from and after the
organization of a State government over the territory where they reside;
and those of the incompetent classes shall not be aliened or leased for a
longer period than two years, and shall be exempt from levy, sale, or
forfeiture, until otherwise provided by State legislation, with the assent
of Congress.
ARTICLE 5. Disinterested persons, not to exceed three, shall be ap- Appraisement
pointed by the Commissioner of Indian Affairs, to make a just and fair Of th" i-PYov
apprement of the parsonage houses, and other improvements connected t Epso
therewith, on the Wyandott lands, belonging to the Methodist Episcopal Church, and
Church, and the Methodist Episcopal Church South, the amounts ofwhich Church South.
appraisements shall be paid to the said churches, respectively, by the
individual or individuals of the Wyandott tribe, to whom the lands on
which said houses and improvements are, shall have been assigned under
the provisions of this agreement; said payments to be made within a
reasonable time, in one or more instalments, to be determined by said
appraisers; and until made in full, no patent or other evidence of title to
the lands so assigned to said individual or individuals, shall be issued or
given to them.
VOL. x. TRPAT. - 146
Executed in presence of
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 20th day of February, one thousand eight hundred and fifty-five,
advise and consent to the ratification of its articles, by the following reso-
lution: -
"IN EXECUTIVE SESSION, SENATE OF THE UMNTED STATEs,
"Februaj,20, 1855.
"Resolved, (two thirds of the senators present concurring,) That the
Senafle advise and consent to the ratification, of the articles of agreement
and convention, made and concluded at the city of Washington, on the
thirty-first day of January, one thousand eight hundred and fifty-five, by
George W. Manypenny, as commissioner on the part of the United States,
and the following-named chiefs and delegates of the Wyandot tribe of
FRANKLIN PIERCE,
PRESIDENT OF THE UNITED STATES OF AMERICA, Feb. 22, 185.
.O3D
TO ALL AND SINGULAR TO WIOM THESE PRESENTS SHALL
GREETING:
assistants, shops, tools, iron and steel, and for the employment of farmers
and carpenters, shall be paid over to them as their annuities are paid:
.Provdd kowever, That whenever, in the opinion of the Commissioner
of Indian Affairs, they fail to make proper provision for the above-named
purposes, he may retain said amounts, and appropriate them acrding
to his discretion, for their education and improvement.
ARTICLE V. The foregoing annuities, in money and goods, shall be How the above
paid and"distributed as follows: Those due the Mississippi bands, at .au
one of their reservations; and those due the Pillager and Lake Winni- be paid.
bigoshish bands, at Leech Lake ; and no part of the said annuities shall
ever be taken or applied, in any manner, to or for the payment of the
debts or obligations of Indians contracted in !heir private dealings, as
individuals, whether to traders or other persons. And should any of
said Indians become intemperate or abandoned, and waste their property,
the President may withhold any moneys or goods, due and payable to
such, and cause the same to be expended, applied, or distributed, so as to
insure the benefit thereof to their families. If, at any time, before the
said annuities in money and goods of either of the Indian parties to this
convention shall expire, the interests and welfare of said Indians shall,
in the opinion of the President, require a different arrangement, he
shall have the power to cause the said annuities, instead of being paid
over and distributei to the Indians, to be expended or applied to such
purposes or object as may be best calculated to promote their improve-
ment and civilization.
ARTICLE VL The missionaries and such other persons as are now, Pre~mption
by authority of law, residing in the country ceded by the first article of rights insaid
this agreement, shall each have the privilege of entering one hundred and Cession.
sixty acres of the said ceded lands, at one dollar and twenty-five cents
per acre; said entries not to be nade so as to interfere, in any manner,
witthe laying o of the several reservations herein provided for.
And such of the mixed bloods as are heads of families, and now have Grant of land
actual residences and improvements in the ceded country, shall have to mixed bloods.
granted to them, in fee, eighty acres of land, to include their respective
improvements.
ARTICLE VIL The laws which have been or may be enactedby As-extended
Congress, regulating trade and intercourse with the Indian tribes, to con- idresera
tinue and be in force within and upon the several reservations provided
for herein; and those portions of said laws which prohibit the introduc-
tion, manufacture, use of, and traffic in, ardent spirits, wines, or other-
liquors, in the Indian country, shall continue and be in force, within the
entire boundaries of the country herein ceded to the United States, until
otherwise provided by Congress.
ARTICLE VIII. All roads and highways, authorized by law, the lines Roads may be
of which shall be laid through any of the reservations provided for in this construOted.
convention, shall have the right of way through the same; the fair
and just value of such right being paid to the Indians therefor; to be
assessed and determined according to the laws in force for the appropria-
tion of lands for such purposes.
ARTICLE IX. The said bands of Indians, jointly and severally, obli- StIpulmons
gate and bind themselves not to commit any depredations or wrong upon th I nd tof
other Indians, or upon citizens of the United States; to conduct them-
selves at all times in a peaceable and orderly manner; to submit all
difficulties between them and other Indians to the President, and to abide
by his decision in reard to the same, and to respect and observe the
laws of the United States, so far as the same are to them applicable.
And they also stipulate that they will settle down in the peaceful pursuits
of life, commence the cultivation of the soil, and appropriate their means
to the eection of houses, opeing farms, the education of their children,
and such other objects of inprovement and convenience, as are incident
VOL. x. TREAT. -147
FRA1RKLIN PIERCE,
Feb. it7,
55. PRESIDENT OF THE UNITED STATES OF AMERICA,
Preamble. Wnznzs a treaty was made and concluded at the city of Washington,
on the twenty-seventh day. of February, eighteen hundred and fifty-five,
by George W. Manypenny, as commissioner on the part of the United
States, and the following named chiefs and delegates of the Winnebago
tribe of Indians, viz: Waw-kon-chaw-koo-kaw, The Coming Thunder,
or Kinnoskik; Sho-go-nik-kaw, or Little Hill; Maw-he-coo-sha-naw-zhe-
kaw, One that Stands and Reaches the Skies, or Little Decorie; Waw-
kon-chaw-hoo-no-kaw, or Little Thunder; Hoonk-hoo-no-kaw, Little Chief,
or Little Priest; Honch-hutta-kaw, or Big Bear, Watch-ha-ta-kaw, or
Big Canoe; Ha-zhum-kee-kaw, or One Horn; Ha-zee-kaw, or Yellow
Bank, and Baptiste Lassallier; they being duly authorized by said tribe,
which treaty is in the words following, to wit :-
Title. Articles of Agreement and convention, made and concluded at Wash-
ington city, on the twenty-seventh day of February, eighteen hundred and
fifty-five, between George W. Manypenny, commissioner oq the part of the
United States, and the following named chiefs and delegates, representing
the Winnebago tribe of Indians, viz: Waw-kon-clnw-koo-kaw, The
Coming Tunder, or Kimnoshik; Sho-go-nik-kaw, or Little Hill; Maw-he-
coo-shah-naw-zhe-kaw, One that Stands and Reaches the Skies, or Little
Deorie ; Waw-kon-chaw-hoo-no-kaw, or Little Thunder; Hoonk-hoo-no-
kaw, Little Chief, or Little Priest; Honch-hutta-kaw, or Big Bear;
Wateh-ha-ta-kaw, or Big Canoe; Ha-zhum-kee-kaw, or One Horn; Ha-
zee-kaw, or Yellow Bank; and Baptiste Lassallier, they being thereto
duly authorized by said tribe:
Cession to the ARTICLE 1. The Winnebago Indians hereby cede, sell, and convey
United rtatu"s Ofto the United States, all their right, title, and interest in, and to, the tract
the.sn ato-- of land granted to them pursuant to the third article of the treaty con-
teoatycf Oct. 18, eluded with said tribe, at Washington city, on the thirteenth day of Octo-
isis, voL x.P- ber, one thousand eight hundred and forty-six, lying north of St. Peter's
.... River, and west of the Mississippi River, in the Territory of Minnesota,
and estimated to contain about eight hundred and ninety-seven thousand
and nine hundred (897,900) acres; the boundary lines of which are thus
dbscribed, in the second artiele of the treaty concluded between the United
States and the Chippewa Indians of the Mississippi and Lake Superior,
Vol. Px.p. 904. on the second day of August, one thousand eight hundred and forty-
seven, viz : "Beginning at the junction of the Crow-Wing and Mississippi
rivers; thence, up the Crow-Wing River, to the junction of that river
with the Long Prairie River; thence, up the Long Prairie River, to
the boundary line between the Sioux and Chippewa Indians; thence,
southerly, along the said boundary line, to a lake at the head of Long
Prairie River; thence, in a direct line, to the sources of the Watab
River; thence, down the Watab to the Mississippi River; thence, up
Certain dt the Mississippi, to the place of beginning:" rovided, however, that the
be sold for beno- portions of said tract embracing the improved lands of the Indians, the
At of mad tribe grist and saw mill, and all other improvements made for or by them,