Page:United States Statutes at Large Volume 11.djvu/780

 736 TREATY WITH THE SENECA INDIANS. N ovmmnn 5, 1857 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 wh1ch 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 Wliereas 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 ditiiculties and troubles under which they labor, These articles are entered into: Certain claim! ARTICLE I. The said persons, authorized as in the caption hereof stated, }£““l°?` fOr"?" hereby surrender and relinquish to the United States all claims severally reatics l‘€ll1l·· _ _ . quished. and in common as a band of Indians, and as a. part of the Seneca nation, to the lands west of the State of l\Iissouri, 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. Wy for 5**0** ARTICLE II. In consideration of which aforesaid surrender and relin- °u"°"d°r' quishment, the United States agree to pay and invest, in the manner hereinatter specified, the sum of $$256,000 for the said Tonawanda band of Indians. T<>¤¤w¤¤<i¤¤ Anrxorn III. It is hereby agreed that the Tonawanda band may pur- $_;;v§a;$?”° chase 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 Pa? “‘,f;°f°" as they may be willing to sell and said band may be willing to purchase; ggggvcr EL an Mid U18 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 pur- Pvsh P· 7% chase shall not exceed, on an average, $20 per acre. Deed to mn to N The land so purchased shall lie·taken by deed of conveyance to the Sw.,,,,,,.,, of the becretary of the Interior of the United States and his successors m 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. Uuimproved ARTICLE IV. And the said Tonawanda band of Indians hereby agree ”“m’“' 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 T°¤*“”E“d”·’ of said Tonawanda band, in counsel assembled, may appoint one or more °Q;.°Q;£§°Q:,;?° attorneys with adequate powers, which appointment must be approved by nays. the Secretary of the Interior before such attorney or attorneys can have power to act in the premises.