Page:United States Statutes at Large Volume 12.djvu/1084

 1082 TREATY WI’1`H THE MENDAWAKANTON, &c. SIOUX. JUNE 19, 1858. ing heads of families by contracting marriage, if neither of the parties shall have previously received land. Expenses of All the necessary expenses of the surveys, and allotments thus pro- mmm h°wb°m°° the hands of the government of the United States. pnmmmmu, As the members of said bands become capable of managing their to them for said business and aflhirs, the President of the United States may, at his discre- L‘“d“‘ tion, cause patents to be issued to them, for the tracts of land allotted to them respectively, in conformity with this article; said tracts to be Lsndstobe exempt from levy, taxation, sale or forfeiture, until otherwise provided °t§:;P%mf'°“‘ for by the legislature of the State in which they are situated with the and MQ w bg assent of Congress; nor shall they be sold or alienated in fee, or be in ¤Ii¤¤¤'=¤<l ¤¤¤¤D*» any other manner disposed of except to the United States, or to members "°· of sam bands. Preamble. Am·1cLm II. Whereas by the treaty with the Mendawakanton and Provisions of Wahpakoota bands of Sioux Indians, concluded at Mendota. on the fifth ggltfsg AUKW day of August one thousand eight hundred and fifty-one, said bands ’ ’ retained for their “fi1ture occupancy and home," “ to be held by them as v°Lx‘P‘°“' Indian lands are held, a tract of country of the average width of ten miles on either side of the Minnesota River," extending from Little Rock River to the Tchatamba and Yellow Medicine Rivers, which land was to " be held by said bands in oommon." Amended by And whereas the Senate of the United States so amended said treaty W $*1*1*- as to strike therefrom the provision setting apart said land as a home for said bands, and made provision for the payment to said bands “ at the rate of ten cents per acre for the lands included in the" said tract so reserved v°1"'P°°57' and set apart for the " occupancy and home " of said bands, and also provided in addition thereto, that there should be " set apart, by appropriate landmarks and boundaries, such tracts of country without the limits of the cession made by the first article of the ” said treaty as should " be satisfactory for their future occupancy and home," said Senate amendment providing also “that the President may, with the consent of these Indians, vary the conditions aforesaid, if deemed expedient;” all of which provisions in said amendment were assented to by said Indians. And whereas the President so far varied the conditions of said Senate amendment, as to permit said bands to locate for the time being, upon the tract originally reserved by said bands for a home, and no “tracts of country without the limits of the cession " made in the said treaty has [have] ever been provided for, or offered to, said bands: Ad, 0;-1854, And whereas by the “act making appropriations for the current and dr- 16'/· V0!-!- contingent expenses of the Indian department and for fulfilling treaty P‘32°‘ stipulations with various Indian tribes,” approved July 31, 1854, the President was authorized to confirm to the Sioux of Minnesota forever, the reserve on the Minnesota River now occupied by them, upon such conditions as he may deem just: And whereas, although the President has not directly confirmed said reserve to said Indians, they claim that as they were entitled to receive “ such tracts of country ” as should " be satisfactory for their future occupancy and h0me,” and as no such country has been provided for, or oifered to, said bands, it is agreed and stipulated that the question shall _ Question of be submitted to the Senate for decision whether they have such title; and fg bg ,ubmm,d said reservation or tract of land lying on the north side of the Minnesota 33;:0 be ma, and if so, how much; or whether the same shall be sold for their benefit, if decision is in they to receive the proceeds of such sale, deducting the necessary li""' f“°'· expenses incident thereto. Such sale, if decided in favor of by the Senate, shall be made under and according to regulations to be pre-
 * ¤*"°Y*¤d *u°*‘ vided for, shall be defrayed out of the funds of said bands of Indians in
 * °m if they have, what compensation shall be made to them for that part of
 * 0 $¤¢E:t¤:l% Biver—whether they shall be allowed a specific sum of money therefor,