thousand acres of land, as stipulated in the second article of the treaty aforesaid; and they aver that, in consequence of the United States having failed to comply with that stipulation, by not designating and conveying to them a country fit for farming purposes and suited to their wants, they were compelled to purchase a home, of which they were then destitute, from another tribe of Indians. Accordingly, on the fourteenth day of December, one thousand eight hundred and forty-three, they entered into a contract with the Delaware nation of Indians, by which they purchased of the last-mentioned nation a tract of land containing thirty-six sections, (or twenty-three thousand and forty acres,) and had granted to them, as a donation, three sections, (or nineteen hundred and twenty acres,) in addition, as set forth in the 1st and 2d articles of said contract or treaty, wherein these two tracts or sections of land are described as follows: Three sections of land, containing six hundred and forty acres each, lying and being situated at the point of the Missouri and Kansas Rivers," and the thirty-six sections of land, each containing 640 acres, situated between the aforesaid Missouri and Kansas Rivers, and adjoining on the west the aforesaid three donated sections, making in all thirty-nine sections of land, bounded as follows, viz.: Commencing at the point at the junction of the aforesaid Missouri and Kansas Rivers, running west along the Kansas River sufficiently far to include the aforesaid thirty-nine sections; thence running north to the Missouri River; thence down the said river with its meanders to the place of beginning; to be surveyed near a square form as the rivers and territory ceded will admit of." in as And, whereas, this said contract or treaty was ratified and confirmed by the United States, by a joint resolution of Congress, approved July 25, 1848; and which contains only the following proviso: "That the yandot Indian nation shall take no better right or interest in and to said lands than is now vested in the Delaware nation of Indians." W The representatives of the Wyandot nation, therefore, present a claim against the United States for the price of one hundred and forty-eight thousand acres of land granted by the 2d article of the aforesaid treaty of March 17, 1842, -- fixing that price at one dollar and twentyfive cents per acre, and which claim, they conceive, is strengthened, if not rendered valid, by the recognition of their purchase from the Delaware Indians on the part of the United States, as shown by the resolution confirmatory thereof, above cited. And they now ask that the sum of one hundred and eighty-five thousand dollars be allowed and paid to the Wyandot people in commu tation of said claim. And, Whereas, the commissioner on behalf of the United States, having carefully and attentively examined the application presented to him on behalf of the Wyandot nation, both in regard to their desire to become citizens of the United States, and of their claim for payment, in money, for the lands granted to them by the treaty of 1842; and having, also, examined the public documents and other proofs having reference to the subject, he is induced to believe, first, that the Wyandot people have so far advanced in civilization as to be capable, generally, of managing their own affairs, and are qualified and calculated to become useful citizens, a large portion whereof being already engaged in agricultural pursuits; and, secondly, that they have an equitable claim on the United States for the value of the lands granted to them by the treaty of 1842, aforesaid, but of which lands they were not possessed, in compliance with the stipulations of said treaty. In arriving at this conclusion, however, it is expressly understood, that it is not to be considered as an admission by the United States of either the policy or expediency of commuting lands granted to Indian tribes under treaty stipulations, for money, or in fixing the value of such lands so as to serve as a precedent hereafter. But, under the peculiar circumstances of this case, and especially in view of the Wyandot tribe of Indians agreeing to extinguish their national existence, and become citizens of the United States, thereby relinquishing all claims now held, in their national or collective capacity, against the United States, the commissioner aforesaid has agreed with the Wyandot chief and deputies, parties hereto conclude the following articles, to wit: Art. I. For and in consideration of the stipulations set forth in the following articles, the Wyandot tribe or nation of Indians hereby cede, relinquish, and forever quit claim to the United States all the right, title and interest in the lands they now possess and occupy, or have ever possessed and held in common, either as original occupants of the soil, or acquired by virtue of treaty stipulations. Art. II. The Wyandot nation aforesaid, in further consideration of the stipulations contained in the following articles, hereby stipulate and agree that their existence, as a nation or tribe, shall terminate and become extinct upon the ratification of this treaty by the President and Senate of the United States, and by the Chiefs and National Council of their nation. And in like manner do they relinquish all claims held by the Wyandot people, in their national or collective capacity, against the United States, either on account of annuities arising out of treaty stipulations, or of any other character or description whatsoever; and that, after the ratification of this treaty in the manner before mentioned, they will have no claim to be recognized by the government of the United States in their tribal or national capacity, except so far as it may be necessary to carry into effect the several stipulations of this treaty. Art. III. In consideration of the foregoing grants and conditions, and for the purpose of gratifying the laudable desire expressed by the Wyandot people to become citizens of the United States, it is hereby stipulated and agreed, that the United States will pay them (the Wyandot people) for the one hundred and forty-eight thousand acres of land, promised to them by the treaty of March 17, 1842, at the rate of one dollar and twentyfive cents per acre, amounting to the sum of one hundred and eighty-five thousand dollars, in the manner following, to wit: One hundred thousand dollars shall be invested in United States stock, to bear interest from the ratification of this treaty, at the rate of five per cent. per annum, redeemable at the pleasure of the government of the United States certificates of which stock shall be issued to the individuals now composing the Wyandot nation, in the manner and from hereinafter prescribed. And for the purpose of enabling the Wyandot Indians (preparatory to their becoming citizens of the United States) to pay and extinguish all their just debts and liabilities, contracted in their national or collective capacity, either on account of the purchase Nouv. Recueil gén. Tome XV. I of their lands from the Delaware nation or otherwise, the balance of eighty-five thousand dollars shall, upon the ratification of this treaty by the Senate, be advanced by the United States, in specie, to the chief and deputies, signers hereto, or upon the draft or drafts drawn by them, or any two of them. And as the said chief and deputies are hereby made accountable for the faithful application of this fund, each and every draft or order they may draw upon it, will explicitly state the nature and character of the claim, and show that the debt or debts were fairly contracted by the properly constituted authorities of the Wyandot nation, and on account of the business of said nation; and after discharging all the national debts and liabilities of their tribe, they will distribute the balance, if any among their people, per capita. Art. IV. The United States further agree to a commutation of the annuity and other claims of the Wyandot Indians arising out of former treaty stipulations, and which are to be considered as being all embraced in the treaty of march 17, 1842. These annuities and other claims, producing an annual payment to the Wyandot nation of eighteen thousand nine hundred and ninety dollars, are hereby commuted for the sum of three hundred and seventy-nine thousand eight hundred dollars, (Doll. 379,800.) And this sum of three hundred and seventy-nine thousand eight hundred dollars shall be added to the sum of one hundred thousand dollars stipulated to be funded, by the third article of this treaty; and the aggregate amount of four hundred and seventy-nine thousand eight hundred dollars shall constitute a general fund, to be equally divided among the Wyandot people, and certificates of stock to be issued therefor, as mentioned in the preceding article, so that each and every Wyandot citizen shall have an equal share of the common property thus to be divided. Art. V. The Wyandot tribe or nation having, by the first article of this treaty, extinguished their Indian or Occupant title to all lands claimed or occupied by them, the United States, for the consideration hereinbefore set forth, do hereby retrocede, convey, and guaranty in fee simple to the Wyandot people, all the lands conveyed or intended to be conveyed to them by the Delaware nation, in the treaty or contract entered into on the 14th of December, 1842, and ratified by the Pre sident and Congress of the United States, July 25, 1848, as fully shown in the preamble to this treaty; said tract or tracts of land containing thirty-nine sections, or twentyfour thousand nine hundred and sixty acres. And the United States agree to cause an accurate survey of the boundary of these lands to be made as soon after the ratification of this treaty as possible, in accordance with the stipulations contained in the said contract between the Delaware and Wyandot tribes. Art. VI. In order that a fair and equitable partition and 'apportionment of the Wyandot lands mentioned in the foregoing article may be made, so that they may hereafter be held individually and severally, it is hereby mutually agreed between the contracting parties, that a commissioner on the part of the United States, and three commissioners on the part of the Wyandot people, shall be appointed for that purpose - the latter to be appointed by the chiefs and national council of the Wyandot nation. The duty of the board of commissioners, thus constituted, shall be to take a census of all the individuals belonging to the Wyandot nation, and entitled to personal benefits accruing under this treaty to make an accurate register of their names, ages, occupations, and general condition. And after these facts are ascertained to the satisfaction of said board of commissioners, then they shall proceed to make a just partition and apportionment of the lands aforesaid among the individuals of the Wyandot nation, who, at the ratification of this treaty, reside upon the lands as citizens of said nation, and who are ascertained to be entitled to a share therein, according to the laws, usages, or agreements of said nation. Art. VII. It is expressly agreed and understood between the parties to this treaty, that the commissioners aforesaid, in making the partition and division provided for in the preceding article, shall not interfere with the buildings and improvements of individual Wyandots; and in all cases of this kind, such buildings and other improvements shall be embraced within the portion of the land allotted to the person who is properly in possession, and owner of the same, unless, by doing so, palpable injustice will be done to other Wyandot citizens; and in all cases, the quality and location of the land must be taken into consideration in making allot 12 |