Treaty of 1867

-An excerpt from the Treaty of 1867 as relating to the Wyandotte-

TREATY WITH THE SENECA, MIXED SENECA AND SHAWNEE, QUAPAW, ETC., 1867.

Feb. 23, 1867.

15 Stats., 513. Ratified June 18, 1868.

Proclaimed Oct. 14, 1868.

Articles of agreement, concluded at Washington, D. C., the twenty-third day of February, one thousand eight hundred and sixty-seven, between the United States, represented by Lewis V. Bogy, Commissioner of Indian Affairs, W. H. Watson, special commissioner, Thomas Murphy, superintendent of Indian Affairs, George C. Snow, and G. A. Colton, U. S. Indian agents, duly authorized, and the Senecas, represented by George Spicer and John Mush; the Mixed Senecas and Shawnees, by John Whitetree, John Young, and  Lewis Davis; the Quapaws, by S. G. Vallier and Ka-zhe-cah; the Confederated Peorias, Kaskaskias, Weas, and Piankeshaws, by  Baptiste Peoria, John Mitchell, and Edward Black; the Miamies, by Thomas Metosenyah and Thomas Richardville, and the Ottawas  of Blanchard’s Fork and Roche de Boeuf, by John White and J. T. Jones, and including certain Wyandott[e]s, represented by Tauromee, or John Hat, and John Karaho.

Whereas it is desirable that arrangements should be made by which portions of certain tribes, parties hereto, now residing in Kansas, should be enabled to remove to other lands in the Indian country south of that State, while other portions of said tribes desire to dissolve their tribal relations, and become citizens; and whereas it is necessary to provide certain tribes,  parties hereto, now residing in the Indian country, with means of rebuilding their houses, re-opening their farms, and supporting  their families, they having been driven from their reservations early in the late war, and suffered greatly for several years,  and being willing to sell a portion of their lands to procure such relief; and whereas a portion of the Wyandottes, parties  to the treaty of one thousand eight hundred and fifty-five, although taking lands in severalty, have sold said lands, and  are still poor, and have not been compelled to become citizens, but have remained without clearly recognized organization,  while others who did become citizens are unfitted for the responsibilities of citizenship; and whereas the Wyandottes, treated  with in eighteen hundred and fifty-five, have just claims against the Government, which will enable the portion of their people  herein referred to to begin anew a tribal existence: Therefore it is agreed:

ARTICLE I.

The Senecas cede to the United States a strip of land on the north side of their present reservation in the Indian country; the land so ceded to be bounded on the east by the State of Missouri, on the north by the north line of the reservation, on the west by the Neosho  River, and running south for the necessary distance, to contain twenty thousand acres; for which the Government is to pay  twenty thousand dollars upon the ratification of this treaty; the south line of said tract to be ascertained by survey, at  the cost of the United States.

PROVISIONS IN RELATION TO THE WYANDOTTES.

ARTICLE XIII.

The United States will set apart for the Wyandottes for their future home the land ceded by the Senecas in the first article hereof, and described in said article, to be owned by the said Wyandottes in common; and the Secretary of the Interior is hereby authorized and required to appoint three persons whose duty it shall be to ascertain and report to the Department the amount of money, if any, due by the United States to the Wyandott[e] Indians under existing treaty stipulations,  and the items mentioned in Schedule A, appended to this treaty, and the report of the persons so appointed, with the evidence  taken, shall be submitted to Congress for action at its next session. A register of the whole people, resident in Kansas and elsewhere, shall be taken by the agent of the Delawares, under the direction of the Secretary of the Interior, on or before the first of July, one thousand eight hundred and sixty-seven, which shall show the names of all who declare their desire to be and remain Indians, and in a tribal condition, together with incompetents  and orphans, as described in the treaty of one thousand eight hundred and fifty-five; and all such persons, and those only,  shall hereafter constitute the tribe: Provided, That no one who has heretofore consented to become a citizen, nor the wife or children of any such person, shall be allowed  to become members of the tribe, except by the free consent of the tribe after its new organization, and unless the agent shall  certify that such party is, through poverty or incapacity, unfit to continue in the exercise of the responsibilities of citizenship  of the United States, and likely to become a public charge.

ARTICLE XIV.

Whenever the register in the next preceding article shall have been completed and returned to the Commissioner of Indian Affairs, the amount of money in said article acknowledged to be due to the Wyandott[e]s shall be divided, and that portion equitably due to the citizens of said people shall be paid to them or  their heirs, under the direction of the Secretary of the Interior; and the balance, after deducting the cost of the land purchased  from the Senecas by the first article hereof, and the sum of five thousand dollars to enable the Wyandott[e]s to establish  themselves in their new homes, shall be paid to the Wyandott[e] tribe per capita.

ARTICLE XV.

All restrictions upon the sale of lands assigned and patented to “incompetent” Wyandott[e]s under the fourth article of the treaty  of one thousand eight hundred and fifty-five, shall be removed after the ratification of this treaty, but no sale of land  heretofore assigned to orphans or incompetents shall be made, under decree of any court, or otherwise, for or on account of  any claim, judgment, execution, or order, or for taxes, until voluntarily sold by the patentee or his or her heirs, with the  approval of the Secretary of the Interior, and whereas many sales of land belonging to this class have heretofore been made,  contrary to the spirit and intent of the treaty of one thousand eight hundred and fifty-five, it is agreed that a thorough  examination and report shall be made, under direction of the Secretary of the Interior, in order to ascertain the facts relating  to all such cases, and, upon a full examination of such report, and hearings of the parties interested, the said Secretary  may confirm the said sales, or require an additional amount to be paid, or declare such sales entirely void, as the very right  of the several cases may require.

Wyandottes:

Tauromee, his x mark, [SEAL.]

John Karaho, his x mark, [SEAL.]

A.—Schedule showing the several items embraced in the sum agreed to be paid to the Wyandottes by the thirteenth article of the foregoing treaty.

1. Annuity due under the 6th article of the treaty of January 31, 1855 $8,750.00

2. Amount discounted on $53,594.53 in State bonds on the 13th of May, 1859 $15,187.03

3. Interest on the above $15,787.03 [$15,187.03] from May 13th, 1859, to February, 1 at 5 per cent $6,150.87

4. Amount discounted on $53,000 in State bonds, March 24, 1860 $11,130.00

5. Interest on the above $11,130 from March 24, 1860, to February 24, 1867 $4,618.95

6. Moneys heretofore appropriated in fulfillment of treaty stipulations, but transferred to the surplus fund $3,635.05

7. Amount for depredations on Wyandotte property, claim approved by Secretary of the Interior, March 21st, 1862 $34,342.50

Total amount $83, 814.40

The above-named total sum is designed to represent the full claim of the Wyandottes against the United States under former treaties.

The 1st, 2d, and 4th items, together with another named in the 14th article of the foregoing treaty, were examined and approved by the House Committee on Indian Affairs, and their payment recommended. (See Congressional Globe, page 1037, part 2d, 2d session of 38th Congress.)

The 3d and 5th items constitute the interest on the moneys discounted on the bonds mentioned in items 2 and 4. Although the committee did not recommend the payment of this interest, they acknowledged its justice, but said that its allowance would possibly endanger the passage of the appropriation, as the general feeling was averse to paying interest on claims.

The 7th item embraces several small amounts for schools, blacksmith, &c., which were due and appropriated at the date of the treaty, but not paid, and were afterwards transferred to the surplus fund.

The 8th item is for depredations on Wyandotte property during the Kansas troubles and the entire emigration to California. It was examined and approved by the Secretary of the Interior, March 21, 1862.

-FULL TREATY-

TREATY WITH THE SENECA, MIXED SENECA AND SHAWNEE, QUAPAW, ETC., 1867.

Feb. 23, 1867.

15 Stats., 513. Ratified June 18, 1868.

Proclaimed Oct. 14, 1868.

Articles of agreement, concluded at Washington, D. C., the twenty-third day of February, one thousand eight hundred and sixty-seven, between the United States, represented by Lewis V. Bogy, Commissioner of Indian Affairs, W. H. Watson, special commissioner, Thomas Murphy, superintendent of Indian Affairs, George C. Snow, and G. A. Colton, U. S. Indian agents, duly authorized, and the Senecas, represented by George Spicer and John Mush; the Mixed Senecas and Shawnees, by John Whitetree, John Young, and  Lewis Davis; the Quapaws, by S. G. Vallier and Ka-zhe-cah; the Confederated Peorias, Kaskaskias, Weas, and Piankeshaws, by  Baptiste Peoria, John Mitchell, and Edward Black; the Miamies, by Thomas Metosenyah and Thomas Richardville, and the Ottawas  of Blanchard’s Fork and Roche de Boeuf, by John White and J. T. Jones, and including certain Wyandott[e]s, represented by Tauromee, or John Hat, and John Karaho.

Whereas it is desirable that arrangements should be made by which portions of certain tribes, parties hereto, now residing in Kansas, should be enabled to remove to other lands in the Indian country south of that State, while other portions of said tribes desire to dissolve their tribal relations, and become citizens; and whereas it is necessary to provide certain tribes,  parties hereto, now residing in the Indian country, with means of rebuilding their houses, re-opening their farms, and supporting  their families, they having been driven from their reservations early in the late war, and suffered greatly for several years,  and being willing to sell a portion of their lands to procure such relief; and whereas a portion of the Wyandottes, parties  to the treaty of one thousand eight hundred and fifty-five, although taking lands in severalty, have sold said lands, and  are still poor, and have not been compelled to become citizens, but have remained without clearly recognized organization,  while others who did become citizens are unfitted for the responsibilities of citizenship; and whereas the Wyandottes, treated  with in eighteen hundred and fifty-five, have just claims against the Government, which will enable the portion of their people  herein referred to to begin anew a tribal existence: Therefore it is agreed:

ARTICLE I.

The Senecas cede to the United States a strip of land on the north side of their present reservation in the Indian country; the land so ceded to be bounded on the east by the State of Missouri, on the north by the north line of the reservation, on the west by the Neosho  River, and running south for the necessary distance, to contain twenty thousand acres; for which the Government is to pay  twenty thousand dollars upon the ratification of this treaty; the south line of said tract to be ascertained by survey, at  the cost of the United States.

ARTICLE II.

The Senecas now confederated with the Shawnees, and owning an undivided half of a reservation in the Indian country immediately  north of the Seneca reservation mentioned in the preceding article, cede to the United States one-half of said Seneca and  Shawnee reserve, which it is mutually agreed shall be the north half, bounded on the east by the State of Missouri, north  by the Quapaw reserve, west by the Neosho River, and south by an east and west line bisecting the present Seneca and Shawnee  reserve into equal parts, the said line to be determined by survey, at the expense of the United States; for which tract of  land, estimated to contain about thirty thousand acres, the United States will pay the sum of twenty-four thousand dollars.

ARTICLE III.

The Shawnees, heretofore confederated with the Senecas, cede to the United States that portion of their remaining lands, bounded as follows, beginning at a point where Spring River crosses the south line of the tract in the second article ceded to the United States, thence down said river to the south line of the  Shawnee reserve, thence west to the Neosho River, thence up said river to the south line of the tract ceded in the second  article, and thence east to the place of beginning; supposed to contain about twelve thousand acres, the area to be ascertained  by survey, at the expense of the United States; the United States to pay for the same at the rate of one dollar per acre,  as soon as the area shall be ascertained.

ARTICLE IV.

The Quapaws cede to the United States that portion of their land lying in the State of Kansas, being a strip of land on the north line of their reservation, about one half mile in width, and containing about twelve sections in all, excepting therefrom one half section to be patented to Samuel G. Vallier, including his improvements. Also the further tract within their present reserve, bounded as follows: Beginning at a point in the Neosho River where the south line of the Quapaw reserve strikes that  stream, thence east three miles, thence north to the Kansas boundary-line, thence west on said line to the Neosho River, thence  down said river to the place of beginning; and the United States will pay to the Quapaws for the half-mile strip lying in  Kansas at the rate of one dollar and twenty-five cents per acre, whenever the area of the same shall be ascertained; and for  the other tract described in this article at the rate of one dollar and fifteen cents per acre, whenever the area of the same  shall be ascertained by survey, said survey to be made at the cost of the tribe to which said tract is herein provided to  be sold under the pre-emption laws of the United States; but all such pre-emption shall be paid in the money of the United  States, at the proper land-office, within one year from the date of entry and settlement.

PROVISIONS RELATING TO THE SENECAS.

ARTICLE V.

The Senecas now confederated with the Shawnees, the said Shawnees thereto consenting, agree to dissolve their connection with the said Shawnees, and to unite with the Senecas, parties to the treaty of February twenty-eighth, one thousand eight hundred  and thirty-one, upon their reservation described in article second of said treaty; and the several bands of Senecas will unite  their funds into one common fund for the benefit of the whole tribe; and an equitable division shall be made of all funds  or annuities now held in common by the Senecas and Shawnees.

ARTICLE VI.

Of the sum of twenty-four thousand dollars to be paid to the Senecas, as provided in the second article, the sum of four thousand dollars shall be paid to them immediately after the ratification of this treaty, to enable them to re-establish their homes and provide themselves with agricultural  implements, seed, and provisions for themselves and their families; and the balance of the said first-mentioned sum, being  twenty thousand dollars, shall be consolidated with the twenty thousand dollars in the first article provided to be paid,  and invested for the tribe of Senecas, as constituted by this treaty, at five per cent. interest, to be paid per capita semi-annually;  and their annuity of five hundred dollars in specie, provided by article four of the treaty of September twenty-ninth, one  thousand eight hundred and seventeen, shall likewise become the property of the tribe.

ARTICLE VII.

The amount annually due the Senecas under the provisions of article four of the treaty of February twenty-eight, one thousand eight hundred and thirty-one, for blacksmith, after their separation from the Shawnees, shall be annually paid to them as a national fund, to enable them to purchase such articles for their wants and improvements in agriculture as the chiefs, with the consent of their agent, may designate; and this provision shall apply  also to the fund for support of a miller belonging to the Senecas heretofore occupying the southernmost reserve referred to  in this treaty; and there shall be added to the said fund whatever amount belonging to either band of the Senecas shall be  found due and unpaid upon an examination of their accounts with the Government, and particularly the amount of bonds and stocks  invested in their name; and the interest thereon shall be annually paid to the said Senecas for the purposes mentioned in  this article.

PROVISIONS RELATING TO THE SHAWNEES.

ARTICLE VIII.

Of the amount in the third article provided to be paid to the Shawnees by the United States for the lands therein ceded, the sum of two thousand dollars shall be advanced to them to be used in establishing their homes, and the balance of the said amount shall be invested for the said tribe, under  the name of Eastern Shawnees, and five per cent. be paid semi-annually thereon; and the amount due and unpaid upon the bonds  or stocks invested in their name shall be paid to them, as well as the interest thereon hereafter to become due, to be used  under the direction of the chiefs, with the consent of the agent, for the purchase of agricultural implements or other articles  necessary for the general welfare of the people; and the one-half of the blacksmith fund remaining after the division to be  made with the Senecas provided for in article five shall remain devoted to the same purpose, and the Government will add thereto  the sum of five hundred dollars annually for five years.

PROVISIONS RELATING TO THE QUAPAWS.

ARTICLE VIX.

Of the amount to be paid to the Quapaws for the lands ceded by them in the fourth article of this treaty, the sum of five thousand dollars shall be paid to them upon the ratification of this treaty, to assist them in re-establishing themselves at their homes upon their  remaining reservation; and the balance of said amount shall be invested as a permanent fund at five per cent. interest, payable  per capita, semi-annually.

ARTICLE X.

If the Osage mission school should be closed, so that the school fund of the Quapaws cannot be used for them to advantage at that institution, the said fund shall remain in the Treasury of the United States until such time as it can, under the direction of the Secretary  of the Interior, with the consent of the chiefs, be used to advantage in establishing a school upon their reservation.

ARTICLE XI.

The amount now due and unpaid for a farmer, under the provisions of the third article of their treaty of May thirteen one thousand eight hundred and thirty-eight [three], may be used by the chiefs and council for the purchase of provisions, farming-implements, seed, and otherwise for  the purpose of assisting the people in agriculture; and their annual income now paid for farmer shall hereafter be set apart for the purposes of assistance and  improvement in agriculture.

CLAIMS FOR LOSSES BY THE WAR.

ARTICLE XII.

Whereas the aforesaid Senecas, Mixed Senecas and Shawnees, and Quapaws were driven from their homes during the late war, and their property destroyed, it is agreed that a commission of not to exceed two persons shall be appointed by the Secretary of the Interior, who shall proceed to their country and make careful investigation of their claims for losses, and make full report of the same to the Department; and  the Secretary of the Interior shall report the same to Congress.

PROVISIONS IN RELATION TO THE WYANDOTTES.

ARTICLE XIII.

The United States will set apart for the Wyandottes for their future home the land ceded by the Senecas in the first article hereof, and described in said article, to be owned by the said Wyandottes in common; and the Secretary of the Interior is hereby authorized and required to appoint three persons whose duty it shall be to ascertain and report to the Department the amount of money, if any, due by the United States to the Wyandott[e] Indians under existing treaty stipulations,  and the items mentioned in Schedule A, appended to this treaty, and the report of the persons so appointed, with the evidence  taken, shall be submitted to Congress for action at its next session. A register of the whole people, resident in Kansas and elsewhere, shall be taken by the agent of the Delawares, under the direction of the Secretary of the Interior, on or before the first of July, one thousand eight hundred and sixty-seven, which shall show the names of all who declare their desire to be and remain Indians, and in a tribal condition, together with incompetents  and orphans, as described in the treaty of one thousand eight hundred and fifty-five; and all such persons, and those only,  shall hereafter constitute the tribe: Provided, That no one who has heretofore consented to become a citizen, nor the wife or children of any such person, shall be allowed  to become members of the tribe, except by the free consent of the tribe after its new organization, and unless the agent shall  certify that such party is, through poverty or incapacity, unfit to continue in the exercise of the responsibilities of citizenship  of the United States, and likely to become a public charge.

ARTICLE XIV.

Whenever the register in the next preceding article shall have been completed and returned to the Commissioner of Indian Affairs, the amount of money in said article acknowledged to be due to the Wyandott[e]s shall be divided, and that portion equitably due to the citizens of said people shall be paid to them or  their heirs, under the direction of the Secretary of the Interior; and the balance, after deducting the cost of the land purchased  from the Senecas by the first article hereof, and the sum of five thousand dollars to enable the Wyandott[e]s to establish  themselves in their new homes, shall be paid to the Wyandott[e] tribe per capita.

ARTICLE XV.

All restrictions upon the sale of lands assigned and patented to “incompetent” Wyandott[e]s under the fourth article of the treaty  of one thousand eight hundred and fifty-five, shall be removed after the ratification of this treaty, but no sale of land  heretofore assigned to orphans or incompetents shall be made, under decree of any court, or otherwise, for or on account of  any claim, judgment, execution, or order, or for taxes, until voluntarily sold by the patentee or his or her heirs, with the  approval of the Secretary of the Interior, and whereas many sales of land belonging to this class have heretofore been made,  contrary to the spirit and intent of the treaty of one thousand eight hundred and fifty-five, it is agreed that a thorough  examination and report shall be made, under direction of the Secretary of the Interior, in order to ascertain the facts relating  to all such cases, and, upon a full examination of such report, and hearings of the parties interested, the said Secretary  may confirm the said sales, or require an additional amount to be paid, or declare such sales entirely void, as the very right  of the several cases may require.

PROVISIONS RELATING TO THE OTTAWAS.

ARTICLE XVI.

The west part of the Shawnee reservation, ceded to the United States by the third article, is hereby sold to the Ottawas, at one dollar per acre; and for the purpose of paying for said reservation the United States shall take the necessary amount, whenever the area of such land shall be found by actual survey, from the funds in the hands of the Government arising from the sale  of the Ottawa trust-lands, as provided in the ninth article of the treaty of one thousand eight hundred and sixty-two, and  the balance of said fund, after the payment of accounts provided for in article five of the treaty of one thousand eight hundred and sixty-two, shall  be paid to the tribe per capita.

ARTICLE XVII.

The provisions of the Ottawa treaty of one thousand eight hundred and sixty-two, under which all the tribe were to become citizens upon the sixteenth of July, one thousand eight hundred and sixty-seven, are hereby extended for two years, or until July sixteenth,  one thousand eight hundred and sixty-nine; but any time previous to that date any member of the tribe may appear before the  United States district court for Kansas, and declare his intention to become a citizen, when he shall receive a certificate  of citizenship, which shall include his family, and thereafter be disconnected with the tribe, and shall be entitled to his  proportion of the tribal fund; and all who shall not have made such declaration previous to the last-mentioned date shall  still be considered members of the tribe. In order to enable the tribe to dispose of their property in Kansas, and remove to their new homes and establish themselves thereon, patents in fee-simple shall be given to the heads of families and to  all who have come of age among the allottees under the treaties of one thousand eight hundred and sixty-two, so that they  may sell their lands without restriction; but the said lands shall remain exempt from taxation so long as they may be retained  by members of the tribe down to the said sixteenth of July, one thousand eight hundred and sixty-nine; and the chiefs and  council of the said tribe shall decide in the case of disputed heirship to real estate, taking as a rule the laws of inheritance  of the State of Kansas.

ARTICLE XVIII.

The United States agree to pay the claim of J. T. Jones, for which a bill of appropriation has passed one of the branches of Congress, but which has been withdrawn from before Congress, being for destruction by fire of his dwelling and other property by whites in one thousand eight hundred and fifty-six, shall be allowed and paid to him, amounting to six thousand seven hundred dollars.

ARTICLE XIX.

The sixth article of the treaty of one thousand eight hundred and sixty-two shall remain unchanged, except as provided in this article. The children of the tribe between the ages of six and eighteen (6 and 18) shall be entitled to be received at said institution, and to be subsisted, clothed, educated, and attended in sickness, where the sickness is of such a nature that the patient promises a return to study within a reasonable period; the children to be taught and practised in industrial pursuits, suitable to their age and sex, and both sexes in such branches of learning, and to receive such advantages as the means of  the institution will permit; these rights and privileges to continue so long as any children of the tribe shall present themselves  for their exercise. And the Secretary of the Interior and the senior corresponding secretary of the American Baptist Home Mission Society shall be members ex officio of the board of trustees, with power to vote in person or by proxy, it being the special intention of this provision to furnish additional supervision of the institution, so that the provisions of this article may be carried into effect in their full  spirit and intent.

ARTICLE XX.

It is further agreed that the remaining unsold portion of trust-lands of the Ottawas, amounting to seven thousand two hundred and twenty-one and twenty one-hundredths acres, shall be sold to the trustees of Ottawa University, to be disposed of for the benefit of said institution at the appraised value thereof, and that the said trustees shall have until July sixteenth, one thousand eight hundred and sixty-nine, to dispose of the same and pay to the  Government the value of said lands: Provided, That the said trustees shall furnish, within thirty days after the ratification of this treaty, to the Secretary of the  Interior, a satisfactory bond for the fulfilment of their obligations.

PROVISIONS RELATING TO THE PEORIAS, KASKASKIAS, WEAS, AND PIANKESHAWS.

ARTICLE XXI.

Whereas certain arrangements have been made by the chiefs of the confederated tribes of Peorias, Kaskaskias, Weas, and Piankeshaws, for the sale to actual settlers of the lands held by them in common, being nine and one-half sections, for a reasonable consideration, according to the terms of a certain petition of the said tribe, with  schedule annexed, (which schedule is annexed to this treaty, and marked “B,”) dated December twenty-sixth, one thousand eight  hundred and sixty-six, filed in the office of the Commissioner of Indian Affairs, it is agreed that the said arrangements  shall be carried into full effect, and the purchasers thereunder shall receive patents from the United States for the lands  so purchased, upon making full payment for the same to the Secretary of the Interior, and the amount already paid by said purchasers, as appears from said schedule, and in the hands of the chiefs, shall be paid to the Secretary of the Interior, and the whole amount of the purchase-money shall also be paid to the said Secretary on or before the first day of June, one  thousand eight hundred and sixty-seven, and shall be held by him for the benefit of the tribe, subject to the provisions of  this treaty.

ARTICLE XXII.

The land in the second and fourth articles of this treaty proposed to be purchased from the Senecas and Quapaws, and lying south of Kansas, is hereby granted and sold to the Peorias, &c., and shall be paid for, at the rate paid for the same by the Government, out of the proceeds of the nine and a half sections referred to in the last preceding article, adding thereto whatever may  be necessary out of other moneys in the hands of the United States belonging to said Peorias, & c.

ARTICLE XXIII.

The said Indians agree to dispose of their allotments in Kansas and remove to their new homes in the Indian country within two years  from the ratification of this treaty; and to that end the Secretary of the Interior is authorized to remove altogether the  restrictions upon the sales of their lands, provided under authority of the third article of the treaty of May thirtieth,  one thousand eight hundred and fifty-four, in such manner that adult Indians may sell their own lands, and that the lands  of minors and incompetents may be sold by the chiefs, with the consent of the agent, certified to the Secretary of the Interior  and approved by him. And if there should be any allotments for which no owner or heir thereof survives, the chiefs may convey the same by deed, the purchase-money thereof to be applied, under the direction of the Secretary, to the benefit of the tribe;  and the guardianship of orphan children shall remain in the hands of the chiefs of the tribe, and the said chiefs shall have  the exclusive right to determine who are members of the tribe and entitled to be placed upon the pay-rolls.

ARTICLE XXIV.

An examination shall be made of the books of the Indian Office, and an account-current prepared, stating the condition of their funds, and the representations of the Indians for overcharges for sales of their lands in one thousand eight hundred  and fifty-seven and one thousand eight hundred and fifty-eight shall be examined and reported to Congress; and in order further  to assist them in preparing for removal and in paying their debts, the further amount of twenty-five thousand dollars shall be at the same time paid to them per capita from the sum of one hundred and sixty-nine thousand six  hundred and eighty-six dollars and seventy-five cents, invested for said Indians under act of Congress of July twelfth, one thousand eight hundred and sixty-two; and the balance of said sum of one hundred and sixty-nine thousand six hundred and  eighty-six dollars and seventy-five cents, together with the sum of ninety-eight thousand dollars now invested on behalf of  the said Indians in State stocks of Southern States, and the sum of three thousand seven hundred dollars, being the balance  of interest, at five per cent. per annum, on thirty-nine thousand nine hundred and fifty dollars held by the United States,  from July, one thousand eight hundred and fifty-seven, till vested in Kansas bonds in December, one thousand eight hundred  and sixty-one, after crediting five thousand dollars thereon heretofore receipted for by the chiefs of said Indians, shall  be and remain as the permanent fund of the said tribe, and five per cent. be paid semi-annually thereon, per capita, to the  tribe; and the interest due upon the sum of twenty-eight thousand five hundred dollars in Kansas bonds, and upon sixteen thousand  two hundred dollars in United States stocks, now held for their benefit, shall be paid to the tribe semi-annually in two equal  payments, as a permanent school-fund income: Provided, That there shall be taken from the said invested fund and paid to the said tribe, per capita, on the first of July, one  thousand eight hundred and sixty-eight, the sum of thirty thousand dollars, to assist them in establishing themselves upon  their new homes; and at any time thereafter, when the chiefs shall represent to the satisfaction of the Secretary of the Interior  that an additional sum is necessary, such sum may be taken from their invested fund: And provided also, That the said invested fund shall be subject to such division and diminution as may be found necessary in order to pay those  who may become citizens their share of the funds of the tribe.

ARTICLE XXV.

Whereas taxes have been levied by the authority of the State of Kansas upon lands allotted to members of the tribe, the right and justice of which taxation is not acknowledged by the Indians, and on which account they have suffered great vexation and  expense, and which is now a matter in question in the Supreme Court of the United States, it is agreed that, in case that  court shall decide such taxes unlawful, the Government will take measures to secure the refunding of said taxes to such of  the Indians as have paid them.

ARTICLE XXVI.

The Peorias, Kaskaskias, Weas, and Piankeshaws agree that the Miamies may be confederated with them upon their new reservation, and own an undivided right in said reservation in proportion to the sum paid, upon the payment by the said Miamies of an amount which, in proportion to the number of the Miamies who shall  join them, will be equal to their share of the purchase-money in this treaty provided to be paid for the land, and also upon  the payment into the common fund of such amount as shall make them equal in annuities to the said Peorias, &c., the said privilege  to remain open to the Miamies two years from the ratification of this treaty.

ARTICLE XXVII.

The United States agree to pay the said Indians the sum of one thousand five hundred dollars per year for six years for their  blacksmith, and for necessary iron and steel and tools; in consideration of which payment the said tribe hereby relinquish  all claims for damages and losses during the late war, and, at the end of the said six years, any tools or materials remaining  shall be the property of the tribe.

ARTICLE XXVIII.

Inasmuch as there may be those among them who may desire to remain in Kansas and become citizens of the United States, it is hereby provided that, within six months after the ratification of this treaty, a register shall be taken by the agent, which shall show the names separately of all who voluntarily desire to remove, and all who desire to remain and become citizens; and those who shall elect to remain may appear before the judge of the United States district  court for Kansas and make declaration of their intention to become citizens, and take the oath to support the Constitution  of the United States; and upon filing of a certificate of such declaration and oath in the office of the Commissioner of Indian  Affairs they shall be entitled to receive the proportionate share of themselves and their children in the invested funds and  other common property of the tribe; and therefrom they and their children shall become citizens, and have no further rights  in the tribe; and all the females who are heads of families, and single women of full age shall have the right to make such declaration and become disconnected from the tribe.

ARTICLE XXIX to XXXIX, inclusive. [Stricken out.]

ARTICLE XXXX.

If any amendments shall be made to this treaty by the Senate, it shall only be necessary to submit the same for the assent of the particular tribe or tribes interested; and should any such amendments be made, and the assent of the tribe or tribes interested  not be obtained, the remainder of the treaty not affected by such amendment shall nevertheless take effect and be in force.

ARTICLE XXXXI.

[Stricken out.]

In testimony whereof, the before-named commissioners on behalf of the United States, and the before-named delegates on behalf of the Senecas, mixed Senecas and Shawnees, Quapaws, confederated Peorias, Kaskaskias, Weas, and Piankeshaws, Miamies, Ottawas,  and Wyandottes have hereunto set our hands and seals the day and year first above written.

Lewis V. Bogy, [SEAL.]

Commissioner of Indian Affairs.

 

W. H. Watson, [SEAL.]

Special Commissioner.

 

Thos. Murphy, [SEAL.]

Superintendent of Indian Affairs.

 

G. C. Snow, [SEAL.]

United States Indian Agent, Neosho Agency.

 

G. A. Colton, [SEAL.]

United States Indian Agent for Miamis, Peorias, &c.

 

George Spicer, his x mark, [SEAL.]

 

John Mush, his x mark, [SEAL.]

 

Senecas.

John Whitetree, his x mark, [SEAL.]

John Young, his x mark, [SEAL.]

Lewis Davis, his x mark, [SEAL.]

 

Senecas and Shawnees.

S. G. Valier, [SEAL.]

Ka-she-cah, his x mark, [SEAL.]

 

Quapaws.

Baptiste Peoria, his x mark, [SEAL.]

John Mitchell, his x mark, [SEAL.]

Edward Black, [SEAL.]

 

Peorias, &c.

Thomas Metosenyah, his x mark, [SEAL.]

Thos. F. Richardville, [SEAL.]

 

Miamies.

John Wilson, his x mark, [SEAL.]

J. T. Jones, [SEAL.]

 

Ottawas.

Tauromee, his x mark, [SEAL.]

John Karaho, his x mark, [SEAL.]

 

Wyandottes.

In presence of—

Frank Valle, his x mark, United States Interpreter for Osage River Agency.

John B. Roubideau, his x mark, United States Interpreter for Miamis.

Wm. Hurr, Interpreter for Ottawas.

 

Geo. Wright, Interpreter for Wyandottes.

 

Abelard Guthrie.

 

George B. Jonas.

 

Thos. E. McGraw.

 

Lewis S. Hayden.

 

Charles Sims.

 

R. McBratney.

 

Witnesses to signature of Lewis Davis:

G. L. Young.

 

G. C. Snow, United States Indian Agent.

 

A.—Schedule showing the several items embraced in the sum agreed to be paid to the Wyandottes by the thirteenth article of the foregoing treaty.

1. Annuity due under the 6th article of the treaty of January 31, 1855 $8,750.00

2. Amount discounted on $53,594.53 in State bonds on the 13th of May, 1859 $15,187.03

3. Interest on the above $15,787.03 [$15,187.03] from May 13th, 1859, to February, 1 at 5 per cent $6,150.87

4. Amount discounted on $53,000 in State bonds, March 24, 1860 $11,130.00

5. Interest on the above $11,130 from March 24, 1860, to February 24, 1867 $4,618.95

6. Moneys heretofore appropriated in fulfillment of treaty stipulations, but transferred to the surplus fund $3,635.05

7. Amount for depredations on Wyandotte property, claim approved by Secretary of the Interior, March 21st, 1862 $34,342.50

Total amount $83, 814.40

The above-named total sum is designed to represent the full claim of the Wyandottes against the United States under former treaties.

The 1st, 2d, and 4th items, together with another named in the 14th article of the foregoing treaty, were examined and approved by the House Committee on Indian Affairs, and their payment recommended. (See Congressional Globe, page 1037, part 2d, 2d  session of 38th Congress.)

The 3d and 5th items constitute the interest on the moneys discounted on the bonds mentioned in items 2 and 4. Although the committee did not recommend the payment of this interest, they acknowledged its justice, but said that its allowance would possibly endanger the passage of the appropriation, as the general feeling was averse to paying interest on claims.

The 7th item embraces several small amounts for schools, blacksmith, &c., which were due and appropriated at the date of the treaty, but not paid, and were afterwards transferred to the surplus fund.

The 8th item is for depredations on Wyandotte property during the Kansas troubles and the entire emigration to California.  It was examined and approved by the Secretary of the Interior, March 21, 1862.

B.—Names of settlers, Nos. of land and price thereof, together with the amount deposited by each settler on the ten-section reserve,  in Miami County, Kansas.

Names.

Quarter.

Section.

Township.

Range.

Number of acres.

Priece per acre.

Sum deposited.

Total.

Andrew J. Sinclair

E. ½

23

16

24

320

$4 00

$426 66

$1,280 00

Zacheus Hays

NW. and E. ½.

SW. and SE.

of NW.

26

16

160

475

22

120

4 50

433 00

1,300 00

Randolph Boyd

NE

26

160

475

253 33

760 00

John Nichols and William Gray.

W. ½ SE

80

3 75

100 00

300 00

John Martin

SE

19

25

160

5 25

Same

S. ½ SE

18

80

5 00

500 00

1, 240 00

David H. Banta

SW

19

160

5 00

267 00

800 00

Reuben Fellows

SW

27

24

160

4 00

214 00

640 00

J. T. Pifer

NW

160

3 50

186 00

560 00

Leroy W. Martin

NE

19

25

160

5 25

200 00

840 00

Charles Converse

E. ½ NW. and

W. ½ and NE.

¼ of NE.

30

200

4 25

850 00

Benjamin Wingrove

SE

31

160

4 25

226 66

840 00

Same

SW. of SE

30

40

4 00

Samuel McKinney

SW

31

160

4 00

213 33

640 00

Squire James Waller

NE

6

17

160

3 30

165 00

528 00

George A. Whitaker

E. ½

27

16

24

320

4 50

480 00

1, 440 00

William Smith

E. ½ SE. and

SE. of NE.

28

120

4 00

480 00

Edward Morgan

N. ½ and SW. ¼

of NW., and

NW. ¼ of SW.

6

17

25

160

4 00

215 00

640 00

Albert Benndorf

S. ½ NE

22

16

24

80

3 50

95 00

280 00

Charles Martin

NW., S. ½, and

NW. ¼ of SW.

16

25

280

3 50

3 50

980 00

Francis Hastings and

William Morgan, jr.

Half

23

24

320

4 00

426 66

1, 280 00

Joel O. Loveridge,

Geo. W. Loveridge,

Alfred Loveridge,

jointly.

E. ½ and SW. ¼

of SW.

760

4 00

1, 013 33

3, 040 00

Isaac Shaw

NE

1

17

24

160

5 00

250 00

800 00

Jacob Sims

SE

13

16

24

160

3 50

560 00

Zacheus Hays

SW

26

16

24

160

3 50

560 00

Town tract*

N. ½

31

25

320

4 00

1,280 00

Ambrose Shields

NE

34

16

24

160

3 50

560 00

Anthony Cott

SE

22

16

24

160

3 00

480 00

Edward Dagenett

17

25

80

4 00

320 00

Total

5, 680

5, 664 97

2, 278 00

*This tract to be conveyed to David Perry and Chas. Sims, on payment of said one thousand two hundred and eighty dollars by  June first.

†19 and 18.

‡24 and 13.

The three last-named are half-breed Indians, who will become citizens. Said Shields has 5 children, said Cott 3, and Dagenette  2. William Smith, the settler aforesaid, has a half-breed wife and 2 children. He takes said 120 acres in full of the interest  of his family in net proceeds of the reserve, and is to pay one hundred and sixty dollars ($160) besides.

Said Shields, Cott, and Dagenett take their respective tracts at the price stated, in lieu of a like sum of the shares of themselves and families in the net proceeds of the reserve: Provided, That, should the share of either family in the net proceeds of the reserves be less than the price agreed for the land taken  by the head of such family, then the deficit to be paid in money as by other settlers. The title in each of the four cases  last mentioned to be made jointly to the various members of the family by name, whose shares in said proceeds pay for same.

Joshua Clayton takes SE. ¼ section 36, township 16, range 24, 160 acres, at $4 per acre, and deposits $213; total payment,  $640.00.

Knoles Shaw, W. ½ of SE. ¼ section 6, town[ship] 17, range 25, 80 acres; has deposited $94; total payment, $280.00.

Thos. Morgan and John W. Majors take E. ½ of said quarter, at $ 3 per acre; deposited, $9; total, $240.00.

There is [are] 80 acres untaken, for which a purchaser will be named by the chiefs before 1st June next.

Total land disposed of, 6,000 acres.

Total money deposited, $5,970.00.

Total amount at prices agreed, 23,438.00.

The above lands to be patented to the persons aforesaid, or their representatives, on prompt payment of the price agreed,  by 1st June, 1867: Provided, That if any settler refuse or neglect to pay as aforesaid, then the tract of land by him claimed to be sold under sealed bids.

Comments are closed.