Page:United States Statutes at Large Volume 12.djvu/1158

 1106 TREATY WITH THE SWAN CREEK, &0. INDIANS. JULY 16, 1859. 1858,ch. 122. of the reservation held by the Christian Indians, and to provide a permav°l· Xi- P- 81* nent home for said Indians," approved June 8, 1858. ARTICLE I. The United States agree that the reservation of eight E<>¤¤¤1‘ ¤¤5¤¤‘· thousand three hundred and twenty acres, or thirteen sections of land, in Zstgggeg °;l-°f°hst Franklin county, Kansas Territory, set apart for the entire band of Swan pm of bnndnow Creek and Black River Chippewas, shail inure to the benefit of that mgdlug *h°“"°3• portion of said band now residing thereon, and the United States shall m ° ww°y° 'cause said reservation to be surveyed into sections, half, quarter, and quarter quarter sections, in harmony with the public land system. For Munsees and the purpose of securing a permanent home thereon for the band of Mung:i"·" %‘::I;;1§_°· see or Christian Indians who have expressed a desire to unite with said Apps band of Chippewas, it is agreed between the contracting parties to this instrument that the aforesaid bands of Indians are hereby united for their mutual advantage as herein indicated. And within said reservation there Portion dma shall be assigned, in severalty, to the members of said united bands, not tube assigned in exceeding forty acres of land to each head of a family, and not exceeding •°'¤‘¤l*¥- forty acres to each child or other member of said family ; forty acres to each orphan child, and eighty acres to each unmarried person of the age of twenty-one years and upwards, not connected with any family, to include in each case, so far as practicable, a. reasonable proportion of timber; and the selections shall be so made as to respect the present improvements of the aforesaid Chippewas, so far as the same can be done consistently with the rights of the Christian Indians, and when it is found expedient to select lands for one Indian, embracing part of the improvements made by another, then, in such case, a reasonable compensation shall be made for such improvements by the Indian to whom they may be assigned by the party entitled to the same, to be determined by the Secretary of the Interior, upon an investigation of the facts in the 3,,,,,,; m,,,, case. At u suitable point within said reservation there shall be set apart ¤¢l¤¤¤L &<=· for the establishment of a. manual labor school and educational and missionary purposes a quarter section of land, or- one hundred and sixty acres, and the land so set apart, together with the tracts which may be assigned to the members of said united bands, shall be in as regular and compact a body as possible, and so as to admit of a distinct and welldefined exterior boundary, embracing the whole of them, and also any intermediate portions or parcels of land or water not included in or made Lands held in part of the tracts assigned in scveralty. Any such intermediate parcels °°¤*m°¤· of land and water shall be held by said united bands in common, but in case of increase in the bands of said Indians, or other cause rendering it necessary or expedient, the said intermediate parcels of land shall be subject to distribution and assignment in sevemlty, in such manner as the Secretary of the Interior shall prescribe and direct. The whole of the Am lands assigned or unassigned in severalty embraced within said exterior ountof. . . . md, in mcwb boundary to include in the aggregate not exceeding seven sections, or four tion. thousand eight hundred and eighty acres of land, shall constitute and be known as the Chippewa and Christian Indian reservation, within and over Laws thereon- which all laws passed or which may be passed by Congress, regulating trade and intercourse with the Indian tribes, shall have full force and WW-¢S&;l¤¢ P¢1'— effect. And no White person, except such as may be in the employ of the mmmUnited States, shall be allowed to reside or go upon any portion of said reservation without the written permission of the Superintendent of Indian Aifairs, or agent, or other person who may be intrusted with the managemvisim, ud ment and control there0£ The aforesaid division and assignment of lands Emnment, lww to the Indians shall be made under the direction of the Secretary of the °` Interior, and when approved by him shall be final and conclusive. Cer- Certiiicates. tificates shall be issued by the Commissioner of Indian Affairs for the tracts so assigned, specifying the names of the individuals to whom they have been assigned respectively, and that they are for the exclusive use and benefit of themselves, their heirs, and descendants; and said tracts