« ForrigeFortsett »
Now, therefore, be it known that I, JAMES K. POLK, Ratified Jan’y President of the United States of America, having seen and R, 184 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
January, in the year of our Lord one thousand
eight hundred and forty-nine, and of the inde-
pendence of the United States of America the
JAMES K. POLK.
James Buchanan, Secretary of State.
STOCKBRIDGE TRIBE OF INDIANS.
JAMES K. POLK,
PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL
Stockbridge tribe of Indians con
Treaty with the Whereas a treaty was made and concluded at Stockbridge,
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,
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 Winnebayo lake, secured to said tribe by the treaty with the Menomonee Indians of February Sih, 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 vibe 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 ils provisions, and upon their petition a subsequent act was passed by the Congress of the Uniled States, on the 6th day of August, 1846, repealing the said act of March 30, 1843, and providing, among other things, that such of said tribe as should enrol ihemselves 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 forın 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.
renounce all par
benefits of the act of March 3, 1843,
The said Stockbridge tribe of Indians renounce all participa- The said tribe tion in any of the benefits or privileges granted or conferred by ticipation in the 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 act; and they do hereby acknowledge and declare themselves of the 0.15. to be under the protection and guardianship of the United States, as other Indian tribes.
That no misunderstanding may exist, now or hereafter, in A roll or census determining who compose said tribe and are parties hereto, it is 10. be taken o
determine who agreed that a roll or census shall be taken and appended to this compose said 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 recoynised as members of said tribe.
said tribe to the
The said Stockbridge tribe of Indians hereby sell and relin- Lands ceded by quish to the United States the township of land on the east side United States. 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.
were allotted to
tnbe under the act of March 3d,
$16,500, to enable
ing the appraised value of their im- 1 provements.
ARTICLE IV. Said land to be The said township of land shall be surveyed into lots, io lots, and such as conformity with the plan adopted by the commissioners elected inembers of said under the act of March 3, 1843, and such of said lands as were
de allotted by said commissioners to members of said tribe who 1843, confirmed have becomie 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.
ARTICLE V. In consideration In consideration of the cession and relinquishment hereinbesion, the U. D. to 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 them to settle after the ratification of this agreement the sum of sixteen thou
sand five hundred dollars, to enable them to settle their affairs, obtain necessaries, and make provision for establishing themselves in a new home.
ARTICLE VI. The U. S. also 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 four
od 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.
ARTICLE VII. Said tibe nay 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
por 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.
ARTICLE VIII. Whenever said Whenever the said Stockbridge tribe shall signify their wish
rate 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 subsisfray the expenses of their removal, tence for one year after their arrival at their new homes. for one year
ARTICLE IX. 816,560 to be It is further stipulated and agreed, that, for the purpose of
eks; 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
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.
Said tribe nay remain on the
pied by them for one year after rat
tribe signify their wish to emigrate
vested in stoeks, the interest of
sachem and head men in attending to the business of said tribe.
Treaty to be binding as SOON
ARTICLE X.. It is agreed that nothing herein shall prevent a survey of said Sarvey of gold
lands proylded 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. The United States will pay the expenses incurred by the U.S. 10 sachem and head men, amounting to three thousand dollars, expenses of the in attending to the business of said tribe since the year 1843. men in attending
ARTICLE XII. This agreement to be binding and obligatory upon the con Treaty to be tracting parties from and after its ratification by the Government as rauiked by the of the United States.
In witness whereof the said commissioners, and the sachem; 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,
(L. S.] Albert G. Ellis,
(L. S.] Augustin E. Quinney, sachem, L. S. John Metoxen,
[L. S.] John W. Quinney,
[L. S.] Samuel Miller,
(L. S.] Zeba T. Peters,
[L. s.] Peter D. Littleman,
(L. S.] Abram Pye, his x mark,
Aaron Turkey, his x mark.
Charles A. GeignON, U. 8. Interpreter.