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190 small portions on which to colonize and domesticate them. This proceeding was deemed necessary in order to obtain such control over these Indians as to prevent their interference with our settlements, which are rapidly extending in that direction. These treaties were duly laid before the Senate at its last regular session, but were not, it is understood, finally acted on by that body.

“Relying on the ratification of their treaty, and the adoption of timely measures to carry out its provisions in their favor, the Poncas proceeded in good faith to comply with its stipulations by abandoning their settlements and hunting-grounds, and withdrawing to the small tract reserved for their future home. Being without a crop to rely upon, and having been unsuccessful in their usual summer hunt, they were reduced to a state of desperation and destitution. As nothing had been done for them under the treaty, they concluded it was void, and threatened to fall back upon their former settlements, some of the most important of which had, in the mean time, been taken possession of by numerous white persons.”

The Poncas never heard of Grotius or Vattel; but, in assuming that the treaty was void because it was not fulfilled, they only acted on the natural principles of the law of nations and of treaties, as laid down by all authorities. Thucydides said: “They are not the first breakers of a league who, being deserted, seek for aid to others, but they that perform not by their deeds what they have promised to do upon their oaths.”

In consequence of this delay to fulfil the treaty provisions, the Government was forced to step in at the last moment and “incur a heavy expense” in furnishing the Poncas with food enough to keep them from starving; and in 1859, under this pressure, the Senate ratified the treaty. By it the Poncas ceded and relinquished to the United States all the lands they had ever owned or claimed, “wherever situate,” except a small tract between the Ponca and Niobrara rivers. In consideration