$2,000 to be paid Samuel Allis.

as military bounty land-warrants, and be subject to the same rules and regulations.

ARTICLE X. Samuel Allis has long been the firm friend of the Pawnees, and in years gone by has ministered to their wants and necessities. When in distress, and in a state of starvation, they took his property and used it for themselves, and when the smallpox was destroying them, he vaccinated more than two thousand of them; for all these things, the Pawnees desire that he shall be paid, but they think the government should pay a part. It is, therefore, agreed that the Pawnees will pay to said Allis one thousand dollars, and the United States agree to pay him a similar sum of one thousand dollars, as a full remuneration for his services and losses. Acknowledg- ARTICLE XI. Ta-ra-da-ka-wa, head chief of the Tappahs band, and ment of certain four other Pawnees, having been out as guides for the United States services by United States. troops, in their late expedition against the Cheyennes, and having to return by themselves, were overtaken and plundered of everything given them by the officers of the expedition, as well as their own property, barely escaping with their lives; and the value of their services being fully acknowledged, the United States agree to pay to each one of them one hundred dollars, or, in lieu thereof, to give to each a horse worth one hundred dollars in value.

Contingent claims against Pawnees.

Signatures.

ARTICLE XII. To enable the Pawnees to settle any just claims at present existing against them, there is hereby set apart, by the United States, ten thousand dollars, out of which the same may be paid, when presented, and proven to the satisfaction of the proper department; and the Pawnees hereby relinquish all claims they may have against the United States under former treaty stipulations.

In testimony whereof, the said James W. Denver, Commissioner, as aforesaid, and the undersigned, chiefs and head-men of the four confederate bands of Pawnee Indians, have hereunto set their hands and seals, at the place and on the day and year hereinbefore written.

JAMES W. DENVER,

U. S. Commissioner.

x mark.

NA-SHARO-CHA-HICKO, a Man, but a Chief, his

DA-LO-LE-KIT-TA-TO-KAH, the Man the Enemy (Republicans.

[L. s.]

Pawnee

steals from, his x mark.

[L. S.]

DA-LO-DE-NA-SHARO, the Chief like an Eagle,

And whereas the said treaty having been submitted to the Senate of the United States for its constitutional action thereon, the Senate did, on the thirty-first day of March, one thousand eight hundred and fifty-eight, advise and consent to the ratification of the same by a resolution and with an amendment in the words and figures following, to wit:

IN EXECUTIVE SESSION,

SENATE OF THE UNITED STATES, March 31, 1858. Resolved, (two-thirds of the senators present concurring,) That the Senate advise and consent to the ratification of the treaty between the United States and the Pawnee Indians, made the 24th day of September, 1857, with the following

Amendment:

At the end of the 2d (second) article, add: "And it is further agreed that the President may, at any time, in his discretion, discontinue said perpetuity, by causing the value of a fair commutation thereof to be paid to, or expended for the benefit of, said Indians, in such manner as to him shall seem proper."

Attest:

ASBURY DICKINS, Secretary.
By W. HICKEY, Chief Clerk.

And whereas the foregoing amendment having been fully interpreted and explained to the chiefs and head-men of the Pawnee tribe as aforesaid, they did thereunto, on the third day of April, one thousand eight hundred and fifty-eight, in the city of Washington, give their free and voluntary assent, in words and figures as follows, to wit:

We, the undersigned, chiefs and head-men of the Pawnee tribe of Indians, with full powers so to do, hereby give our free and voluntary assent to the amendment made by the Senate of the United States on the thirtyfirst day of March, A. D. one thousand eight hundred and fifty-eight, to the treaty concluded between the United States and our tribe on the twentyfourth day of September, A. D. one thousand eight hundred and fifty-seven, after having the same interpreted and fully explained to us.

In testimony whereof, we have hereunto subscribed our names and affixed our seals, at the city of Washington, this third day of April, A. D. one thousand eight hundred and fifty-eight.

PE-TA-NA-SHARO, the Man and the Chief, his x

Submitted to Senate.

Amendment.

mark.

[L. S.]

Now, therefore, be it known that I, JAMES BUCHANAN, President of the United States of America, do, in pursuance of the advice and consent of the Senate, as expressed in their resolution of the thirty-first day of March, one thousand eight hundred and fifty-eight, accept, ratify, and confirm said treaty, with the amendment as aforesaid.

In testimony whereof, I have caused the seal of the United States to be hereto affixed, having signed the same with my hand.

Done at the city of Washington, this twenty-sixth day of May, in the year of our Lord one thousand eight.hundred and fifty[L. S.] eight, and of the independence of the United States the eighty-second.

By the President:

LEWIS CASS, Secretary of State.

JAMES BUCHANAN.

Treaty between the United States and the Tonawanda Band of Seneca
Indians, Concluded November 5, 1857. Supplemental Articles, November
5, 1857. Ratified by the Senate, June 4, 1858. Proclaimed by the
President, March 31, 1859.*

JAMES BUCHANAN,

PRESIDENT OF THE UNITED STATES OF AMERICA,

TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL COME, GREETING:

WHEREAS, a treaty was made and concluded at the meeting-house, on the Tonawanda reservation, in the county of Genesee, and State of New York, on the fifth day of November, one thousand eight hundred and fiftyseven, by Charles E. Mix, as a commissioner on behalf of the United States, and the following persons, viz: Jabez Ground, Jesse Spring, Isaac Shanks, George Sky, and Ely S. Parker, duly authorized thereunto by the Tonawanda band of Seneca Indians, which treaty is in the following words, to wit:

Nov. 5, 1857.
Preamble.

Contracting

Articles of agreement and convention made this fifth day of November, in the year one thousand eight hundred and fifty-seven, at the meetinghouse on the Tonawanda reservation, in the county of Genesee, and State of New York, between Charles E. Mix, commissioner on behalf of the United States, and the following persons, duly authorized thereunto by the parties. Tonawanda band of Seneca Indians, viz: Jabez Ground, Jesse Spring, Isaac Shanks, George Sky, and Ely S. Parker.

ties.

Whereas a certain treaty was heretofore made between the Six Nations Former Treaof New York Indians and the United States on the 15th day of January, Vol. vii. pp. 550, 1838, and another between the Seneca nation of Indians and the United 557. States on the 20th day of May, 1842, by which, among other things, the Vol. vii. p. 586. Seneca nation of Indians granted and conveyed to Thomas Ludlow Ogden and Joseph Fellows the two certain Indian reservations in the State of New York known as the Buffalo Creek and the Tonawanda reservations, to be surrendered to the said Ogden and Fellows, on the performance of certain conditions precedent defined in said treaties; and

. Whereas in and by the said treaties there were surrendered and relinquished to the United States 500,000 acres of land in the then Territory of Wisconsin; and

Whereas the United States, in and by said treaties, agreed to set apart for said Indians certain lands in the Indian territory immediately west of Missouri, and to grant the same to them, to be held and enjoyed in feesimple, the quantity of said lands being computed to afford 320 acres to each soul of said Indians, and did agree that any individual, or any number of said Indians, might remove to said territory, and thereupon be entitled to hold and enjoy said lands, and all the benefits of said treaties, according to numbers, respectively; and

Whereas the United States did further agree to pay the sum of $400,000 for the removal of the Indians of New York to the said territory, and for their support and assistance during the first year of their residence in said territory; and

*This treaty does not appear in the pamphlet laws for the 2d session of the 35th Congress, as it was not received by the publishers until after their publication. It will be printed with the pamphlet laws of the 1st session of the 36th Congress. It is inserted here to make the references from the Public Laws in this volume complete.

Terms of said Treaties.

Certain claims under former treaties relinquished.

Pay for such surrender.

Tonawandas

may purchase

reservation.

Whereas the said Ogden and Fellows did agree to pay to the said Seneca nation of Indians, as the consideration of the surrender and relinquishment of the said two reservations, known as the Buffalo Creek and Tonawanda reservations, certain sums of money, one part of which was to be paid to the individual Indians residing upon said reservations, for the improvements held and owned by them in severalty, the amount of which "improvement money," heretofore apportioned to those residing upon the Tonawanda reservation, being $15,018.36, which money has been paid into, and still remains in the Treasury of the United States; and

Whereas, for divers reasons and differences, the said treaties remain unexecuted as to the said Tonawanda reservation, and the band of Senecas residing thereon; and

Whereas it is ascertained, at the date of these articles, that the Seneca Indians, composing the Tonawanda band and residing upon the Tonawanda reservation, amount to 650 souls in number; and

Whereas the United States are willing to exercise the liberal policy which has heretofore been exercised in regard to the Senecas, and for the purpose of relieving the Tonawandas of the difficulties and troubles under which they labor,

These articles are entered into :

ARTICLE I. The said persons, authorized as in the caption hereof stated, hereby surrender and relinquish to the United States all claims severally and in common as a band of Indians, and as a part of the Seneca nation, to the lands west of the State of Missouri, and all right and claim to be removed thither, and for support and assistance after such removal, and all other claims against the United States under the aforesaid treaties of 1838 and 1842, except, however, such moneys as they may be entitled to under said treaties, paid or payable by the said Ogden and Fellows.

ARTICLE II. In consideration of which aforesaid surrender and relinquishment, the United States agree to pay and invest, in the manner hereinafter specified, the sum of $256,000 for the said Tonawanda band of Indians.

ARTICLE III. It is hereby agreed that the Tonawanda band may purchase of the said Ogden and Fellows, or the survivor of them, or of their United States heirs or assigns, the entire Tonawanda reservation, or such portions thereof will pay therefor as they may be willing to sell and said band may be willing to purchase ; not over $20 an and the United States undertake and agree to pay for the same out of the said sum of $256,000, upon the express condition that the rate of purchase shall not exceed, on an average, $20 per acre.

acre.

Post, p. 738.

Deed to run to

The land so purchased shall be taken by deed of conveyance to the Secretary of the Secretary of the Interior of the United States and his successors in office, Interior in trust. in fee, to be held by him in trust for the said Tonawanda band of Indians and their exclusive use, occupation and enjoyment, until the legislature of the State of New York shall pass an act designating some persons, or public officer of that State, to take and hold said land upon a similar trust for said Indians; whereupon they shall be granted by the said Secretary to such persons or public officer.

Unimproved lands surrendered.

Tonawandas

may appoint one

ARTICLE IV. And the said Tonawanda band of Indians hereby agree to surrender, relinquish, and give up to the said Ogden and Fellows, the survivor of them, or their assigns-provided the whole reservation shall not be purchased-the unimproved lands which they shall not purchase, as aforesaid, within thirty days after this treaty shall be proclaimed by the President of the United States, and the improved lands which they shall not purchase, as aforesaid, on the 1st day of June, 1859.

ARTICLE V. For the purpose of contracting for and making purchase of the lands contemplated herein, a majority of the chiefs and headmen of said Tonawanda band, in counsel assembled, may appoint one or more or more attor- attorneys with adequate powers, which appointment must be approved by the Secretary of the Interior before such attorney of attorneys can have power to act in the premises.

neys.