Now, therefore, be it known that I, JAMES K. POLK, Ratified Jan'y President of the United States of America, having seen and 23, 1849. considered said treaty, do, in pursuance of the advice and consent of the Senate, as expressed in their resolution of the nineteenth day of January, one thousand eight hundred and fortynine, accept, ratify, and confirm the same, and every article and clause thereof. In testimony whereof I have caused the seal of the United States to be hereunto affixed, having signed the same with my hand. Done at the city of Washington the twenty-third day of [L. S.] By the President: JAMES K. POLK. JAMES BUCHANAN, Secretary of State. STOCKBRIDGE TRIBE OF INDIANS. JAMES K. POLK, PRESIDENT OF THE UNITED STATES OF AMERICA, ΤΟ ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL Treaty with the Whereas a treaty was made and concluded at Stockbridge, Stockbridge tribe in the State of Wisconsin, on the 24th day of November, in the cluded Novem- year of our Lord one thousand eight hundred and forty-eight, of Indians con ber 24th, 1848. Preamble. between the United States of America, by their commissioners, Morgan L. Martin and Albert G. Ellis, on the one part, and the Stockbridge tribe of Indians, by the sachem, councillors, and headmen of said tribe, on the other part; which treaty is word for word as follows, to wit: Whereas by an act of Congress, entitled "An act for the relief of the Stockbridge tribe of Indians, in the Territory of Wisconsin," approved on the 3d day of March, A. D. 1843, it was provided that the township of land on the east side of Winnebago lake, secured to said tribe by the treaty with the Menomonee Indians of February 8th, 1831, as amended by the Senate of the United States, and not heretofore ceded by said tribe to the United States, should be divided and allotted ainong the individual members of said tribe, by commissioners to be elected for that purpose, who were to make report of such division and allotment, and thereupon the persons composing said uibe were to become citizens of the United States: And whereas a portion of said tribe refused to recognise the validity of said act of Congress, or the proceedings which were had under it, or to be governed by its provisions, and upon their petition a subsequent act was passed by the Congress of the United States, on the 6th day of August, 1846, repealing the said act of March 3d, 1843, and providing, among other things, that such of said tribe as should enrol themselves with the sub-agent of Indian affairs at Green Bay, should be and remain citizens of the United States, and the residue of said tribe were restored to their ancient form of government as an Indian tribe. It was also provided that the said township of land should be divided into two districts, one of which was to be known as the "Indian district," the other as the "citizen district;" the former to be held in coinmon by the party who did not desire citizenship, and the latter to be divided and allotted among such as were citizens and desired to remain so: And whereas it has been found impracticable to carry into full effect the provisions of the act of August 6th, 1846, by di viding the said township of land in the manner specified in said act, without infringing upon private rights acquired in good faith under the act of 1843 hereinbefore referred to, with a view of relieving both the Indian and citizen, parties of said Stockbridge tribe of Indians, from their present embarrassments, and to secure to each their just rights, articles of agreement and compromise have been entered into, as follows: Articles of agreement and treaty made and concluded at Stockbridge, in the State of Wisconsin, on the 24th day of November, in the year of our Lord one thousand eight hundred and forty-eight, by and between the undersigned, acting commissioners on the part of the United States of America, and the Stockbridge tribe of Indians. ARTICLE I. The said tribe ticipation in the benefits of the act renounce all par of March 3, 1843, The said Stockbridge tribe of Indians renounce all participation in any of the benefits or privileges granted or conferred by the act of Congress entitled "An act for the relief of the Stockbridge tribe of Indians, in the Territory of Wisconsin," ap- for their relief, proved March 3, 1843, and relinquish all rights secured by said themselves under the guardianship act; and they do hereby acknowledge and declare themselves of the U. S. to be under the protection and guardianship of the United States, as other Indian tribes. ARTICLE II. determine tribe. who said That no misunderstanding may exist, now or hereafter, in A roll or census determining who compose said tribe and are parties hereto, it is to be taken to agreed that a roll or census shall be taken and appended to this compose agreement, and in like manner taken annually hereafter, and returned to the Secretary of the War Department of the United States, containing the names of all such as are parties hereto, and to be known and recognised as the Stockbridge tribe of Indians, who shall each be entitled to their due proportion of the benefits to be derived from the provisions made for their tribe by this and former agreements: and whenever any of them shall separate themselves from said tribe, or abandon the country which may be selected for their future home, the share or portion of such shall cease, and they shall forfeit all claims to be recognised as members of said tribe. ARTICLE III. The said Stockbridge tribe of Indians hereby sell and relinquish to the United States the township of land on the east side of Lake Winnebago, (granted and secured to said tribe by the treaty with the Menomonee tribe of Indians of February 8, 1831, as amended by the resolution of the Senate of the United States,) and situated in the State of Wisconsin. Lands ceded by United States. said tribe to the Said land to be surveyed into were allotted to act of March 3d, to them. ARTICLE IV. The said township of land shall be surveyed into lots, in lots, and such as conformity with the plan adopted by the commissioners elected members of said under the act of March 3, 1843, and such of said lands as were tribe under the allotted by said commissioners to members of said tribe who 1843, confirmed have become citizens of the United States, (a schedule of which is hereunto annexed,) are hereby confirmed to such individuals respectively, and patents therefor shall be issued by the United States. The residue of said lands belonging to the United States shall be brought into market, but shall not be sold at less than the appraised value; unless the Senate of the United States shall otherwise determine. In consideration sion, the U. S. to $16,500, to enable ARTICLE V. In consideration of the cession and relinquishment hereinbeof the above ces- fore made by the said Stockbridge tribe of Indians, it is agreed pay to said tribe that the United States shall pay to said tribe within six months settle after the ratification of this agreement the sum of sixteen thousand five hundred dollars, to enable them to settle their affairs, obtain necessaries, and make provision for establishing themselves in a new home. them 10 their affairs. The U. S. also to pay $14,504.85 ing the appraised provements. ARTICLE VI. The United States shall also pay to said tribe, within six to said tribe, be- months after the ratification of this agreement, the sum of fourvalue of their im- teen thousand five hundred and four dollars and eighty-five cents, being the appraised value of their improvements upon the lands herein ceded and relinquished to the United States, and to be paid to the individuals claiming said improvements according to the schedule and assessment herewith transmitted. Said tribe may remain on the one year after rat ARTICLE VII. It is further stipulated and agreed that the said Stockbridge lands now occu- tribe may remain upon the lands they now occupy for one year pied by them for after the ratification of this agreement, and that they will reification of this move to the country set apart for them, or such other west of the Mississippi river as they may be able to secure, where all their treaty stipulations with the Government shall be carried into effect. treaty. Whenever said tribe signify their ARTICLE VIII. Whenever the said Stockbridge tribe shall signify their wish wish to emigrate to emigrate, the United States will defray the expenses of their the U. S. to de- removal west of the Mississippi, and furnish them with subsisof their removal, tence for one year after their arrival at their new homes. $16,500 to be It is further stipulated and agreed, that, for the purpose of vested in stocks; making provision for the rising generation of said tribe, the sum which is to be of sixteen thousand five hundred dollars shall be invested by paid annually. the United States in stock, bearing an interest of not less than five per cent. per annum, the interest of which shall be paid annually to said tribe, as other annuities are paid by the United States. ARTICLE X. lands provided It is agreed that nothing herein shall prevent a survey of said Survey of add lands, at any time after the ratification of this agreement, and for. that said tribe shall commit no waste or do unnecessary damage upon the premises occupied by them. ARTICLE XI. U.S. to pay the The United States will pay the expenses incurred by the sachem and head men, amounting to three thousand dollars, expenses of the in attending to the business of said tribe since the year 1843. ARTICLE XII. sachem and head men in attending to the business of said tribe. Treaty to be This agreement to be binding and obligatory upon the contracting parties from and after its ratification by the Government as ratified by the of the United States. U. S. In witness whereof the said commissioners, and the sachem, Signed 24th councillors, and head men of said tribe, have hereunto set their Nov., 1848. hands and seals, the day and year above written. Morgan L. Martin, Albert G. Ellis, [L. S. [L. S. Augustin E. Quinney, sachem, TL. S. John Metoxen, Joseph M. Quinney, L. S. Samuel Stephens, L. S. Jeremiah Slingerland, L. S. Benjamin Pye 2d, his x maik, L. S. Simon S. Metoxen, Daniel Metoxen, Moses Charles, his x mark, Benjamin Pye 3d, his x mark, [L. S. L. S. L. S. L. S. Jacob Jehoiakim, his x mark, L. S. L. S. |