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tion of which may be prohibited by the laws or regulations of the country Despatch of of destination.

Fourth. So long as any customs duty may be chargeable on any articles exchanged in the mails, such duty may be levied for the use of the

customs.

It is further agreed, that except a small local carrier's charge, (so long as it shall exist in the rural districts of North Germany,) no charge whatever, otherwise than is herein expressly provided, shall be levied or collected on the letters and other correspondence exchanged.

mails.

ARTICLE IX. Any correspondence may be registered, as well in- Registered corternational correspondence as that originating in or destined for other respondence. countries to which these two administrations may respectively serve as intermediaries for the transmission of such registered articles. Each department shall notify the other of the countries to which it may thus serve as intermediary.

Each department shall use its best exertions for the safe delivery, or, when miscarried, for the recovery of any registered correspondence, but is not responsible pecuniarily for the loss of any such correspondence. ARTICLE X. Registered correspondence shall, in addition to the postage, be subject to a registration fee, not exceeding ten cents in the United States, and not exceeding two silber groschen in the North German Union, and this fee shall be always prepaid.

ARTICLE XI. Accounts between the two offices shall be regulated on the following basis: From the total amount of postages and register fees collected by each office on letters, added to the total amount of prepaid postages and register fees on other correspondence which it despatches, the despatching office shall deduct the amount required, at the agreed rate, for the cost of the intermediate transit thereof between the two frontiers, and the amount of the two net sums shall be equally divided between the two offices.

Postage and registration fee.

Basis for set

tlement of accounts.

ARTICLE XII. The two post departments shall establish by agreement, Open mails. and in conformity with the arrangements in force at the time, the conditions upon which the two offices may respectively exchange in open mails the correspondence originating in or destined to other foreign countries to which they may reciprocally serve as intermediaries.

It is always understood, however, that such correspondence shall only be charged with the rate applicable to direct international correspondence, augmented by the postage due to foreign countries, and by any other tax for exterior service.

But the North German office reserves the right to fix a time, if necessary, when this rule shall only apply to correspondence despatched from the United States for such other countries, unless the latter shall have accepted the same rule in behalf of the correspondence despatched through them by the North German office.

Transit of closed mails through either

ARTICLE XIII. Each office grants to the other the privilege of transit of the closed mails exchanged, in either direction, between the latter and any country to which the other may serve as intermediary, by its usual country. means of mail transportation, whether on sea or land, and the terms of transit shall be agreed upon when the exercise of the privilege is required. ARTICLE XIV. The postal accounts between the two offices shall be stated quarterly, and transmitted and verified as speedily as practicable; be stated, &c. and the balance found due shall be paid to the creditor office, either by exchange on London or at the debtor office, as the creditor office may desire.

The rate for the conversion of the money of the two countries shall be fixed by common agreement between the two offices.

Postal ac

counts, when to

Transfer of

without expense.

ARTICLE XV. When in any port of either country a closed mail is transferred from one vessel to another without any expense to the office closed mails of the country where the transfer is made, such transfer shall not be subject to any postal charge by one office against the other.

Official communications. Missent letters, &c.

Provisions of !

this convention may be extended to other German States.

Regulations.

Former con

when this takes

ARTICLE XVI. Official communications addressed from one office to the other shall not be the occasion of any accounts between the two offices. ARTICLE XVII. Letters wrongly sent, or wrongly addressed, or not deliverable for whatever cause, shall be returned to the originating office, at its expense, if any expense is incurred. Registered correspondence of all kinds, not deliverable for any cause, shall also be returned in like manner. All other correspondence which cannot be delivered shall remain at the disposition of the receiving office. Any postages upon correspondence returned which shall have been charged against the office of destination, shall be discharged from the account.

ARTICLE XVIII. In view of the possible desire of other German States to avail themselves of the advantage of postal association with the States now embraced in the North German Union, it is further agreed that the provisions of this convention shall be extended to and shall comprise them, whenever such other States shall declare their desire to join for this purpose, and notice thereof shall have been given to the United States Post Department.

ARTICLE XIX. The two offices shall, by mutual consent, establish detailed regulations for carrying these articles into execution; and they may modify such regulations, in like manner, from time to time, as the exigencies of the service may require.

ARTICLE XX. From the time this convention shall take effect, all ventions to cease former conventions between the two offices and between the United States office on the one part, and, on the other part, of Bremen and also of Hamburg, shall cease to be in force, except for the settlement of accounts which shall have previously accrued thereunder.

effect.

Approved by

General:

This convention, being first approved, shall take effect not later than the 1st day of January next, and shall continue in force until cancelled by mutual agreement, or otherwise, until one year from the date when one office shall have given notice to the other of its desire to terminate it. Executed in duplicate at Berlin the twenty-first day of October, one thousand eight hundred and sixty-seven.

[SEAL.]

[SEAL.]

JOHN A. KASSON,

Special Commissioner, &c., &c.
RICHARD v. PHILIPSBORN,
Director-General of the Post Department.

POST-OFFICE DEPARTMENT,
Washington, November 12, 1867.

}

Having examined and considered the aforegoing articles of a conven the Postmaster- tion for the amelioration of the postal service between the United States of America and the North German Union, agreed upon and executed in duplicate at Berlin, the twenty-first day of October, one thousand eight hundred and sixty-seven, by Hon. John A. Kasson, Special Commissioner, &c., &c. on behalf of this department, and by Richard v. Philipsborn, Director-General of the Post Department of the North German Union, on behalf of his department, the same are by me hereby ratified and approved by and with the advice and consent of the President of the United States.

by the Presi

dent of the

United States.

In witness whereof I have caused the seal of the Post-Office Department to be affixed hereto, with my signature, the day and year first above written.

[SEAL.]

ALEX. W. RANDALL, Postmaster-General.

I hereby approve the aforegoing convention, and in testimony thereof I have caused the seal of the United States to be affixed.

[SEAL.]

By the President:

ANDREW JOHNSON.

WILLIAM H. SEWARD, Secretary of State.
WASHINGTON, November 12, 1867.

Treaty between the United States of America and the Kiowa and Comanche
Tribes of Indians; Concluded October 21, 1867; Ratification advised
July 25, 1868; Proclaimed August 25, 1868.

ANDREW JOHNSON,

PRESIDENT OF THE UNITED STATES OF AMERICA,

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

[NOTE BY THE DEPARTMENT OF STATE. - The words of this treaty which are put in brackets with an asterisk are written in the original with black pencil, the rest of the original treaty being written with black ink.]

Oct. 21, 1867.

Preamble.

WHEREAS a treaty was made and concluded at the Council Camp, on Medicine Lodge creek, seventy miles south of Fort Larned, in the State of Kansas, on the twenty-first day of October, in the year of our Lord one thousand eight hundred and sixty-seven, by and between N. G. Taylor, Brevet Major-General William S. Harney, Brevet Major-General Č. C. Augur, Brevet Major-General Alfred H. Terry, John B. Sanborn, Samuel F. Tappan, and J. B. Henderson, commissioners, on the part of the United States, and Satank, (Sitting Bear,) Sa-Tan-Ta, (White Contracting Bear,) Parry-Wah-Say-Men, (Ten Bears,) and Tep-Pe-Navon, (Painted parties. Lips,) and other chiefs and headmen of the Kiowa and Comanche tribes of Indians, on the part of said Indians, and duly authorized thereto by them, which treaty is in the words and figures following, to wit: :

Articles of a treaty and agreement made and entered into at the Council Camp, on Medicine Lodge creek, seventy miles south of Fort Larned, in the State of Kansas, on the twenty-first day of October, one thousand eight hundred and sixty-seven, by and between the United States of America, represented by its commissioners duly appointed thereto, to wit, Nathaniel G. Taylor, William S. Harney, C. C. Augur, Alfred S. [H.] Terry, John B. Sanborn, Samuel F. Tappan, and J. B. Henderson, of the one part, and the confederated tribes of Kiowa and Comanche Indians, represented by their chiefs and headmen, duly authorized and empowered to act for the body of the people of said tribes, (the names of said chiefs and headmen being hereto subscribed,) of the other part, witness:

ARTICLE I. From this day forward all war between the parties to this agreement shall forever cease.

War to cease.

Peace to be

dians to be ar

The government of the United States desires peace, and its honor is here pledged to keep it. The Indians desire peace, and they now pledge kept. their honor to maintain it. If bad men among the whites, or among Offenders other people subject to the authority of the United States, shall commit against the Inany wrong upon the person or property of the Indians, the United States rested, &c. will, upon proof made to the agent and forwarded to the Commissioner of Indian Affairs at Washington city, proceed at once to cause the offender to be arrested and punished according to the laws of the United States, and also reimburse the injured person for the loss sustained.

If bad men among the Indians shall commit a wrong or depredation Wrongdoers against the upon the person or property of any one, white, black or Indians, subject whites to be to the authority of the United States and at peace therewith, the tribes punished. herein named solemnly agree that they will, on proof made to their agent

Damages.

Reservation.

Boundaries.

Certain per

sons not to enter or reside thereon.

Additional arable land to be added, if, &c.

Buildings on reservation.

and notice by him, deliver up the wrongdoer to the United States, to be tried and punished according to its laws, and in case they wilfully refuse so to do, the person injured shall be reimbursed for his loss from the annuities or other moneys due or to become due to them under this or other treaties made with the United States. And the President, on advising with the Commissioner of Indian Affairs shall prescribe such rules and regulations for ascertaining damages under the provisions of this article as, in his judgment, may be proper; but no such damages shall be adjusted and paid until thoroughly examined and passed upon by the Commissioner of Indian Affairs and the Secretary of the Interior; and no one sustaining loss, while violating or because of his violating, the provisions of this treaty or the laws of the United States, shall be reimbursed therefor.

ARTICLE II. The United States agrees that [the *] following district of country, to wit: commencing at a point where the Washita river crosses the 98th meridian, west from Greenwich; thence up the Washita river, in the middle of the main channel thereof, to a point thirty miles, by river, west of Fort Cobb, as now established; thence, due west to the north fork of Red river, provided said line strikes said river east of the one hundredth meridian of west longitude; if not, then only to said meridian line, and thence south, on said meridian line, to the said north fork of Red river; thence down said north fork, in the middle of the main channel thereof, from the point where it may be first intersected by the lines above described, to the main Red river; thence down said river, in the middle of the main channel thereof to its intersection with the ninety-eighth meridian of longitude west from Greenwich; thence north, on said meridian line, to the place of beginning, shall be and the same is hereby set apart for the absolute and undisturbed use and occupation of the tribes herein named, and for such other friendly tribes or individual Indians, as, from time to time, they may be willing [with the consent of the United States *] to admit among them; and the United States now solemnly agrees that no persons except those herein authorized so to do and except such officers, agents, and employés of the government as may be authorized to enter upon Indian reservation in discharge of duties enjoined by law, shall ever be permitted to pass over, settle upon, or reside in the territory described in this article, or in such territory as may be added to this reservation, for the use of said Indians.

ARTICLE III. If it should appear from actual survey or other satisfactory examination of said tract of land, that it contains less than one hundred and sixty acres of tillable land, for each person, who at the time may be authorized to reside on it under the provisions of this treaty, and a very considerable number of such persons shall be disposed to commence cul-, tivating the soil as farmers, the United States agrees to set apart for the. use of said Indians, as herein provided, such additional quantity of arable land adjoining to said reservation, or as near the same as it can be obtained, as may be required to provide the necessary amount.

ARTICLE IV. The United States agrees at its own proper expense to construct at some place, near the centre of said reservation, where timber and water may be convenient, the following buildings, to wit: A warehouse or store-room for the use of the agent, in storing goods belonging to the Indians, to cost not exceeding fifteen hundred dollars; an agency building for the residence of the agent, to cost not exceeding three thousand dollars; a residence for the physician, to cost not more than three thousand dollars; and five other buildings, for a carpenter, farmer, blacksmith, miller, and engineer, each to cost not exceeding two thousand dollars; also a school-house or mission building, so soon as a sufficient number of children can be induced by the agent to attend school, which shall not cost exceeding five thousand dollars.

The United States agrees further to cause to be erected on said reserva

tion, near the other buildings herein authorized, a good steam circular saw mill, with a grist mill and shingle machine attached; the same to cost not exceeding eight thousand dollars.

ARTICLE V. The United States agrees that the agent for the said Indians in the future shall make his home at the agency building; that he shall reside among them, and keep an office open at all times, for the purpose of prompt and diligent inquiry into such matters of complaint by and against the Indians as may be presented for investigation under the provisions of their treaty stipulations, as also for the faithful discharge o other duties enjoined on him by law. In all cases of depredation on person or property, he shall cause the evidence to be taken in writing and forwarded, together with his findings to the Commissioner of Indian Affairs, whose decision, subject to the revision of the Secretary of the Interior, shall be binding on the parties to this treaty.

[blocks in formation]

Heads of families may se

Others may

for cultivation.

ARTICLE VI. If any individual belonging to said tribes of Indians, or legally incorporated with them, being the head of a family, shall desire to lect land for commence farming, he shall have the privilege to select, in the presence farming. and with the assistance of the agent then in charge, a tract of land within said reservation, not exceeding three hundred and twenty acres in extent, which tract, when so selected, certified, and récorded in the "Land Book" as herein directed, shall cease to be held in common, but the same may be occupied and held in the exclusive possession of the person selecting it, and of his family so long as he or they may continue to cultivate it. Any person over eighteen years of age, not being the head of a family, may in like manner select and cause to be certified to him or her, for purposes of select land for cultivation, a quantity of land not exceeding eighty acres in extent, and thereupon, be entitled to the exclusive possession of the same as above directed. For each tract of land so selected, a certificate, containing a description thereof and the name of the person selecting it, with a certificate indorsed thereon that the same has been recorded, shall be delivered to the party entitled to it, by the agent, after the same shall have been recorded by him in a book to be kept in his office, subject to inspection, which said book shall be known as the "Kiowa and Comanche Land Book." The President may, at any time, order a survey of the reserva- • tion, and, when so surveyed, Congress shall provide for protecting the rights of settlers, in their improvements, and may fix the character of the title held by each. The United States may pass such laws, on the subject of alienation and descent of property and on all subjects connected and descent of with the government of the said Indians on said reservations, and the internal police thereof, as may be thought proper.

ARTICLE VII. In order to insure the civilization of the tribes, entering into this treaty, the necessity of education is admitted, especially by such of them as are or may be settled on said agricultural reservations; and they therefore pledge themselves to compel their children, male and female, between the ages of six and sixteen years, to attend school; and it is hereby made the duty of the agent for said Indians to see that this stipulation is strictly complied with; and the United States agrees that for every thirty children between said ages, who can be induced or compelled to attend school, a house shall be provided, and a teacher, competent to teach the elementary branches of an English education, shall be furnished, who will reside among said Indians and faithfully discharge his or her duties as a teacher. The provisions of this article to continue for not less than twenty years.

Surveys.

Alienation

property.

Education.

Children to attend school.

School-houses and teachers.

Seeds and ARTICLE VIII. When the head of a family or lodge shall have seagricultural imlected lands and received his certificate as above directed, and the agent plements to be shall be satisfied that he intends in good faith to commence cultivating the furnished to soil for a living, he shall be entitled to receive seeds and agricultural im- whom. plements for the first year not exceeding in value one hundred dollars, and for each succeeding year he shall continue to farm for a period of

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