"Much difficulty having arising from the negotiations between the Menomonees and Winebago tribes and the various tribes and portions of tribes of Indian of the State of New York, and the claims of the respective parties being much contested, as well with relation to the tenure and boundaries of the two tracts claimed by the New York Indians, west of Lake Michigan, as to the authority of the persons who signed the agreement on the part of the Monomonees, and the whole subject having been fully examined at the council this day concluded, and the allegations, proofs, and statements of the respective parties having been entered upon the Journal of the commissioners, so that the same can be decided by the President of the United States, it is agreed by the Monomonees and Winebagoes, that so far as respects their interests in the premises, the whole matter shall be referred to the President of the United States, whose decision shall be final. And the President is authorized, on the parts, to establish such boundaries between them and the New York Indians as he may consider equitable and just."

And also in the treaty of Feb. 8th, 1838, we find, in enumerating the several reasons for effecting a treaty at the above date, the following, commencing at line 20,928, in the Revision of Indian Treaties, viz: "as well as for the purpose of settling the long existing dispute between themselves, and the several tribes of the New York Indians, who claim to have purchased a portion of their lands, the undersigned, Chiefs and head men of the Menomenees tribe, stipulate and agree with the United States as follows:

"First. The Menomonee tribe of Indians declare themselves the friend and allies of the United States, under whos parental care and protection they desire to continue; and although always protesting that they are under no obligation to recognize any claim of the New York Indians to any portions of their country; that they neither sold nor received any value for the land claimed by these tribes, yet at the solicitation of their Great Father, the President of the United States, and as an evidence of their great love and veneration for him, they agree that such a part of the land described, being within the following boundaries, as he may direct, may be set apart as homes for the several tribes of the New York Indians, who may remove to and settle upon the same within three years from the date of this agreement, &c." Commencing at line 20,970, the President of the United States is hereby empowered to apportion the lands among the actual occupants at that time, so as not to a.s.sign to any tribe a greater number of acres than may be equal to one hundred for each soul actually settled upon the lands, and if, at any time of such apportionment any lands shall remain unoccupied by any tribes of the New York Indians, such portion as would have belonged to said Indians, had it been occupied, shall revert to the United States. That portion, if any, so reverting to be laid off by the President of the United States. It is destinctly understood that the lands hereby ceded to the United States for the New York Indians are to be held by those tribes, under such tenure as the Menomonee Indians now hold their lands, subject to such regulations and alternation of tenure as Congress and the President of the United States shall from time to time think proper to adopt.

"Second. For the above cession the United States for the benefit of the New York Indians, the United States consent to pay the Menomonee Indians twenty Thousand Dollars, &c.

"Also commencing at line 21,118, Article 6th, the Menomonee Chiefs request that such part of it as relates to the New York Indians be immediately submmitted to the representatives of their tribes, and if they refuse to accept the provision made for their benefit and to remove upon the lands set apart for them, on the west side of Fox River, that they will direct their immediate removal from the Menomonee county, but if they agree to accept the liberal offer made to them by parties of this compact, then the Menomonee tribe, as dutiful children of the Great Father, the President, will take them by the hand as brothers, and settle down with them in peace and friendship."

SUPPLEMENTARY ARTICLES.

First. It is agreed between the undersigned, commissioners on behalf of the United States and the chiefs and warriors representing the Menomonee tribe of Indians, that for the reasons above expressed, such part of the first Article of the agreement entered into between the parties hereto, on the 8th instant, as limits the removal and settlement of the New York Indians upon the lands therein provided for their future homes, three years, shall be altered and amended so as to read as follows: That the President of the United States shall prescribe the time for the removal and settlement of the New York Indians upon the lands thus provided for them; and at the expiration of such reasonable time, he shall apportion the lands among the actual settlers in such manner as he shall deem equitable and just. And if, within such reasonable time as the President of the United States shall prescribe for that purpose, the New York Indians shall refuse to accept the provisions made for their benefit, or, having agreed, shall neglect or refuse to remove from New York, and settle on the said lands, within the time prescribed for that purpose, that then, and in either of these events, the lands aforesaid shall be and remain in the property of the United States, according to the said first article, excepting so much thereof as the President shall deem justly due to such of the New York Indians as shall actually have removed to and settled on the said lands.

"Second, It is further agreed that the part of the Sixth Article of the agreement aforesaid, which requires the removal of those of the New York Indians who may not be settled on the lands at the end of three years, shall be so amended as to leave such removal discretionary with the President of the United States; the Menomonee Indians having full confidence that in making his decision he will take into consideration the welfare and prosperity of their nation: Provided, That for the purpose of establishing the rights of the New York Indians upon a permanent and just footing, the said treaty shall be ratified with the express understanding that two townships of land," &c. which goes on and locates the different portion of lands to the several tribes or bands of the New York Indians which was proclaimed, July 9, 1832.

"Whereas articles of agreement between the United States of America, and the Menononee Indians, were made and concluded at the city of Washington, on the 8th day of February A. D. 1831, by John H. Eaton, and Samuel C.

Stambaugh, commissioners on the part of the United States, and certain Chiefs and headmen of the Menomonee nation, on the part of the said nation; to which articles an addition or supplemental article was afterwards made, on the 17th day of February, in the same year, by which the said Menomonee nation agree to cede to the United States certain parts of their lands: and that a tract of country therein defined, shall be set apart for the New York Indians; all which, with the many other stipulations therein contained, will more fully appear by reference to the same. When said agreement thus forming a treaty, were laid before the Senate of the United States, during their then session, but were not at said session acted on by that body. Whereupon a further agreement was on the fifteenth day of March, in the same year, entered into for the purpose of preserving the provisions of the treaty made as aforesaid; by which it is stipulated that the said articles of agreement concluded as aforesaid, should be laid before the next Senate of the United States at their ensuing session, and if sanctioned and confirmed by them, that each and every article threof should be as binding and obligatory upon the parties respectively as if they had been sanctioned at the previous session; and whereas, The Senate of the United States, by their resolution of the twenty fifth day of June, 1832, did advise and consent to accept, ratify, and confirm the same, and every clause and article thereof, upon the conditions expressed in the proviso contained in their said resolution, which proviso is as follows: Provided, That for the purpose of establishing the right of the New York Indians on a permanent and just footing, the said treaty shall be ratified, with the express understanding that two townships of land, &c.," as in article second above.

"Whereas, Before the treaty aforesaid, conditionally ratified, according to the proviso to the said resolution of the Senate, above recited, could be obligatory upon the said Menomomee nation, their a.s.sent to the same must be had and obtained." Which was done after some modifications respecting the location of the portion of land for the New York Indians.

And as the modifications so made and desired, was acceded to also by the New York Indians, which was as follows:

"To all to whom these presents shall come, the undersigned chiefs and head men of the sundry tribes of the New York Indians (as set forth in the specifications annexed to their signatures), send greeting:

"Whereas, a tedious, perplexing and hara.s.sing dispute and controversy have long existed between the Menomonee Nation of Indians and the New York Indians, more particularly those known as the Stockbridge, Munsee and Brothertown tribes, the Six Nations and the St. Regis tribe. The treaty made between the said Menomonee Nation and the United States, and the conditional ratification thereof by the Senate of the United States being stated and set forth in the within agreement, entered into between the chiefs and head men of the said Menomonee, and George B. Porter, Governor of Michigan, commissioners specially appointed, with instructions referred to in the said agreement.

"And whereas, the undersigned are satisfied and believe that the best efforts of the said commissioners were directed and used to procure, if practicable, the unconditional a.s.sent of the said Menomonees to the change proposed by the Senate of the United States in the ratification of the said treaty, but without success.

"And whereas, the undersigned, further believe that the terms stated in the within agreement are the best practicable terms short of those proposed by the Senate of the United States, which could be obtained from the said Menomonees; and being asked to signify our acceptance of the modifications proposed, as aforesaid, by the Menomonees, we are compelled by a sense of duty and propriety to say that we do hereby accept of the same. So far as the tribes to which we belong are concerned, we are perfectly satisfied that the treaty should be ratified on the terms proposed by the Menomonees. We further believe that the tract of land which the Menomonees in the within agreement are willing to cede, in exchange for an equal quant.i.ty on the northeast side of the tract of five hundred thousand acres, contains a sufficient quant.i.ty of good land, favorably and advantageously situated, to answer all the wants of the New York Indians and St. Regis tribe. For the purpose, then, of putting an end to strife, and that we may sit down in peace and harmony, we thus signify by our acceptance of the modifications proposed by the Menomonees; and we most respectfully request that the treaty as now modified by the agreement this day entered into with the Menomonees, may be ratified and approved by the President and Senate of the United States.

"Proclaimed March 13th, 1835."

TREATIES OF NEW YORK INDIANS.

Treaty with the New York Indians as amended by the Senate, and a.s.sented to by the several Tribes 1838.

Articles of a treaty made and concluded at Buffalo Creek, in the State of New York, the fifteenth day of January, in the year of our Lord one thousand eight hundred and thirty-eight, by Ransom H. Gillett, a commissioner on the part of the United States, and the chiefs, head men and warriors of the several tribes of the New York Indians, a.s.sembled in council; witnesseth;

"Whereas, The Six Nations of New York Indians, not long after the close of the war of the Revolution, became convinced, from the rapid increase of the white settlers around, that the time was not far distant when their true interest must lead them to seek a new home among their brethren in the West: and,

"Whereas, This subject was agitated in a general council of the Six Nations as early as 1810, and resulted in sending a memorial to the President of the United States, inquiring whether the Government would consent to their tearing their habitations, and removing into the neighborhood of their western brethren, and if they could procure a home there, by gift or purchase, whether the Government would acknowledge their t.i.tle to the lands so obtained in the same manner it had acknowledged it in those from whom they might receive it; and further, whether the existing treaties would in such a case remain in full force, and their annuities be paid as heretofore: and,

"Whereas, With the approbation of the President of the United States, purchases were made by the New York Indians from the Menomonees and Winnebago Indians of certain lands at Green Bay, in the Territory of Wisconsin, which, after much difficulty and contention with those Indians concerning the extent of the purchase, the whole subject was finally settled by a treaty between the United States and the Menomonee Indians, concluded in February, 1831, to which the New York Indians gave their a.s.sent on the seventeenth day of October, 1832: and

"Whereas, By a provision of that treaty, five hundred thousand acres of land are secured to the New York Indians of the Six Nations and the St.

Regis tribe, as a future home, on the condition that they all remove to the same within three years, or such reasonable time as the President shall prescribe, and

"Whereas, The President is satisfied that various considerations have prevented those still residing in New York from removing to Green Bay, and among other reasons, that many who were in favor of emigration preferred to remove at once to the Indian Territory; which they were fully persuaded was the only permanent and peaceable home for all the Indians. And they therefore applied to take their Green Bay lands and provide them a new home among their brethren in the Indian Territory: and

"Whereas, The President, being anxious to promote the peace, prosperity and happiness of his red children, and determined to carry out the humane policy of the Government in removing the Indians from the east to the west of the Mississippi, within the Indian Territory, by bringing them to see and feel, by his justice and liberality, that it is their true policy and for their interest to do so without delay,

"Therefore. Taking into consideration the foregoing premises, the following articles of a treaty are entered into, between the United States of America and the several tribes of the New York Indians, the names of whose chiefs, head men and warriors are hereto subscribed, and those who may hereafter give their a.s.sent to this treaty in writing within such time as the President shall appoint."

GENERAL PROVISIONS:

"Article 1. The several tribes of the New York Indians, the names of whose chiefs, head men, warriors and representatives are hereunto annexed, in consideration of the premises above recited, and the covenants hereinafter contained, to be performed on the part of the United States, hereby cede and relinquish to the United States all their right, t.i.tle and interest, in the lands secured to them at Green Bay by the Menomonee treaty of 1831, except the following tract on which a part of the New York Indians now reside: Beginning at the southwesterly corner of the French grants at Green Bay, and running thence southwardly to a point and line to be run from the little Cocalin, parallel to a line of the French grants, and six miles from Fox river; from thence, on said parallel line, northwardly six miles; from thence eastwardly to a point on the northeast line of the Indian lands, and being a right angle to the same.

"Article 2. In consideration of the above cession and relinquishment on the part of the tribes of the New York Indians, and in order to manifest the deep interest of the United States in the future peace and prosperity of the New York Indians, the United States agree to set apart the following tract of country, situated directly west of the State of Missouri, as a permanent home for the New York Indians now residing in the State of New York, or in Wisconsin, or elsewhere in the United States, who have no permanent homes; which said country is described as follows: Beginning on the west line of the State of Missouri, at the northeast corner of the Cherokee tract, and running thence north along the west line of the State of Missouri twenty-seven miles to the southerly line of the Missouri lands: thence west so far as shall be necessary, by running a line at right angles and parallel to the west line aforesaid, to Osage lands; and thence easterly along the Osage and Cherokee lands to the place of beginning; to include one million eight hundred and twenty-four thousand acres of land, being three hundred and twenty acres for each soul of said Indians, as their numbers are at present computed. To have and hold the same, in fee simple, to the said tribes or nations of Indians, by patent from the President of the United States, issued in conformity with the third section of the act ent.i.tled, 'An act to provide for an exchange of lands with the Indians residing in any of the States or Territories, and for their removal west of the Mississippi,' approved on the 28th day of May, 1830, with full power and authority in the said Indians to divide said lands among the different tribes, nations or bands in severalty, with the right to sell and convey to and from each other, under such laws and regulations as may be adopted by the respective tribes, acting by themselves or by a general council of the said New York Indians, acting for all the tribes collectively. It is understood and agreed that the above described country is intended as a future home for the following tribes, to-wit: The Senecas, Onondagas, Cayugas, Tuscaroras, Oneidas, St. Regis, Stockbridges, Munsees and Brothertowns, residing in the State of New York, and the same is to be divided equally among them according to their respective numbers, as mentioned in a schedule hereunto annexed.

"Article 3. It is further agreed that such of the tribes of the New York Indians as do not accept and agree to remove to the country set apart for their new homes, within five years, or such other time as the President may from time to time appoint, shall forfeit all interest in the lands so set apart, to the United States.

"Article 4. Perpetual peace and friendship shall exist between the United States and the New York Indians; and the United States hereby guarantee to protect and defend them in the peaceable possession and enjoyment of their new home, and hereby secure to them, in said country, the right to establish their own form of government, appoint their own officers, and administer their own laws; subject, however, to the legislation of the United States, regulating trade and intercourse with the Indians. The lands secured to them by patent under this treaty shall never be included in any state or territory of this Union. The said Indians shall also be ent.i.tled in all respects to the same political and civil rights and privileges that are granted and secured by the United States to any of the several tribes of emigrant Indians settled in the Indian Territory.

"Article 5. The Oneidas are to have their lands in the Indian Territory, in the tract set apart for the New York Indians, adjoining the Osage tract, and that hereinafter set apart for the Senecas; and the same shall be so laid off as to secure them a sufficient quant.i.ty of timber for their use.

"Those tribes whose lands are not specially designated in this treaty are to have such as shall be set apart by the President.

"Article 6. It is further agreed that the United States will pay to those who remove west, at their new homes, all such annuities as shall properly belong to them. The schedule hereunto annexed shall be deemed and taken as a part of this treaty.

"Article 7. It is expressly understood and agreed that the treaty must be approved by the President and ratified and confirmed by the Senate of the United States, before it shall be binding upon the parties to it.

"It is further expressly understood and agreed that the rejection, by the President and Senate, of the provisions thereof, applicable to one tribe or distant branch of a tribe shall not be construed to invalidate as to others; but as to them, it shall be binding and remain in full force and effect.

"Article 8. It is stipulated and agreed that the accounts of the commissioner and expenses incurred by him in holding a council with the New York Indians, and concluding treaties at Green Bay and Duck Creek in Wisconsin, and in the State of New York in 1836, and those for the exploring party of the present treaty, shall be allowed and settled according to former precedents."

SPECIAL PROVISIONS FOR THE ST. REGIS.

"Article 9. It is agreed with the American party of the St. Regis Indians, that the United States will pay to the said tribe, on their removal west, or at such time as the President shall appoint, the sum of five thousand dollars, as a remuneration for moneys laid out by the said tribe and services rendered by their chiefs and agents in securing the t.i.tle to the Green Bay lands, and in removal to the same, to be apportioned out to the several claimants by the chiefs of the said party, and a United States commissioner, as may be deemed by them equitable and just. If is further agreed that the following reservation of land shall be made to the Rev. Eleazar Williams of said tribe, which he claims in his own right and that of his wife, which he is to hold in fee simple by patent from the President, with full power and authority to sell and dispose of the same, to-wit. Beginning at a point in the west bank of the Fox River, thirteen chains above the old mill-dam at the rapids of the little k.o.c.kalin, thence north fifty-two degrees and thirty minutes west, two hundred and forty chains, thence north thirty-seven degrees and thirty minutes east, two hundred chains, thence south fifty-two degrees and thirty minutes east, two hundred and forty chains to the bank of the Fox river, thence up along the bank of the Fox river to the place of beginning."

SPECIAL PROVISION FOR THE SENECAS.

"Article 10. It is agreed with the Senecas that they shall have for themselves and their friends the Cayugas and Onondagas residing among them, the easterly part of the tract set apart for the New York Indians, and to extend so far west as to include one-half section (three hundred and twenty acres) of land for each soul of the Senecas, Cayugas and Onondagas residing among them; and if on removing west they find there is not sufficient timber on this tract for their use, then the President shall add thereto timber land sufficient for their accommodation and they agree to remove from the State of New York to their new homes within five years, and to continue to reside there. And Whereas, At the making of this treaty, Thomas L. Ogden and Joseph Fellows, the a.s.signees of the State of Ma.s.sachusetts have purchased of the Seneca Nation of Indians, in the presence and with the approbation of the United States Commissioner, appointed by the United States to hold said treaty or convention, all the rights, t.i.tle, interest and claim of the said Seneca Nation to certain lands by a deed of conveyance, a duplicate of which is hereunto annexed, and whereas, the consideration money mentioned in said deed, amounting to two hundred and two thousand dollars, belonging to the Seneca Nation, and the said nation agrees to receive the same, to be disposed of as follows, The sum of one hundred thousand dollars to be invested by the President of the United States in safe stock, for their use, the income of which is to be paid to them at their new homes annually, and the balance, being one hundred and two thousand dollars, is to be paid to the owners of the improvements on lands so deeded according to an apprais.e.m.e.nt of said improvements, and a distribution and award of said sum of money among the owners of said improvement, to be made by appraisers hereafter to be appointed by the Seneca nation, in the presence of the United States'

Commissioner hereafter to be appointed, to be paid by the United States to the individuals who are ent.i.tled to the same, according to said appraisal and award, and their severally relinquishing their respective possessions to the said Ogden and Fellows."

SPECIAL PROVISIONS FOR THE CAYUGAS.

"Article 11 The United States will not set apart for Cayugas, on their removing to their new homes at the west, two thousand dollars, and will invest the same in some safe stocks, the income of which shall be paid them annually at their new homes. The United States further agree to the said nation on their removal west, two thousand five hundred dollars, to be disposed of as the chiefs shall deem just and equitable."

SPECIAL PROVISION FOR THE ONONDAGAS ON THE SENECA RESERVATIONS.

"Article 12. The United States agreed to set apart for the Onondagas residing on the Seneca Reservation, two thousand five hundred dollars, on their removing west, and to invest the same in safe stock, the income of which shall be paid to them annually, at their new homes. And the United States further agree to pay to the said Onondagas, on their removal to their new homes in the west, two thousand dollars, to be disposed of as the chiefs shall deem equitable and just."

SPECIAL PROVISIONS FOR THE ONEIDAS RESIDING IN THE STATE OF NEW YORK.

"Article 13. The United States will pay the sum of four thousand dollars, to be paid to Babtist Powlis, and the chiefs of the first Christian party residing at Oneida, and the sum of two thousand dollars shall be paid to William Day, and the chiefs of the Orchard party residing there, for expenses incurred and services rendered in securing the Green Bay country, and the settlement of a portion thereof; and they hereby agree to remove to their new homes in the Indian Territory as soon as they can make satisfactory arrangements with the Governor of the State of New York for the purchase of their lands at Oneida."

SPECIAL PROVISION FOR THE TUSCARORAS.