Page:United States Statutes at Large Volume 12.djvu/1044

 992 TREATY WITH THE TONAWANDA SENECAS. Nov. 5, 1857. Seneca nation of Indians, as the consideration of the surrender and x-elim quishment of the said two reservations, known as the Bulfhlo 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 oseveralty, the anrotmt of which "improvement m0ney," heretofore apportxoned to those residing upon the Tonawanda reservation, being $15,018.T$0°G, 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 Tona- Wanda 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 Touawandas of the difficulties and troubles under which they labor, These articles are entered into: Gemiu ¤!¤·i¤• ARTICLE I. The said persons, authorized as in the caption hereof stated, fgggufm hereby surrender and relinquish to the United States all claims severally 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 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. Pay for auch Anrxcnu II. In consideration of which aforesaid surrender and relin- '“"°°d°"· quishmeut, 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. ’!`<>¤¤W¤¤d¤° Amxcnm IH. It is hereby agreed that the Tonawanda band may pur- ’Q;:§w§§Q'fE”° chase of the said Ogden and Fellows, of the survivor of them, or of their United States heirs or assigns, the entire Tonawanda reservation, or such portions thereof
 * 5;:% %‘;;°§’;` as they may be willing to sell and said band may be willing to purchase ;

acre. 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 pur- P°“» P- **6- chase shall not exceed, on an average, $20 per acre. Dwdtv \‘¤¤ to The land so purchased shall be taken by deed of conveyance to the Qm gm? Secretary of the Interior of the United States and his successors in office, 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. Unimproveef Anrrcua IV. And the said Tonawanda baud of Indians hereby agree ynés ¤¤¤‘¢¤— to surrender, relinquish, and give up to the said Ogden and Fellows, the °r°d‘ survivor of them, or their assigus——provided the whole reservation shall not be purehased——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. Tmmluda ARTICLE V. For the purpose of contracting for and making purchase my appoint me of the lands contemplated herein, a. majority of the chiefs and headmen attorneys with adequate powers, which appointment must be approved by the Secretary of the Interior before such attorney or attorneys can have powerto act in the premises.
 * y‘:°"° °“°" of said Tonawanda band, in council assembled, may appoint one or more