Page:United States Statutes at Large Volume 12.djvu/1167

 TREATY WITH THE KANSAS TRIBE OF INDIANS. 00*1*. 5, 1859. 1115 divisions and in such quantities as the pre-emption laws under which they may claim entitle them to locate: payments to be made on or before a day m be named by the Secretary of the Interior: And provided, further, That all those who had in good faith settled upon that portion of the reservation retained by this treaty for the future homes of the Kansas tribe of Indians, and had made bond fda improvements thereon prior to the second day of December, eighteen hundred and fifty-six, aforesaid, and who would have been entitled to enter their lands, under the general pre-emption law, at one dollar and twenty-five cents per acre, had their improvements not fallen upon the reservation, such settlers shall be enti— tled to receive a fair compensation for their improvements, to be ascertained by the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior; such compensation to be paid out of the proceeds of the lands sold in trust for said tribe of Indians. All questions growing out of this amendment, and rights claimed in consequence thereof; shall be determined by the Commissioner of Indian .A.ffairs, to be approved by the Secretary of the Interior. And in all cases where licensed traders, mwmedumm or others lawfully there, may have made improvements upon said reservation, the Secretary of the Interior shall have power to adjust the claims of each upon fair and equitable terms, they paying a fair value for the lands awarded to such persons, and shall cause patents to issue in pursuance of such award. “Attcst: ASBURY DICKINS, Secretary." And whereas the foregoing amendment having been fully interpreted Amendment and explained to the aforesaid chiefs and headmen of the Kansas tribe, sgreedto Octo they did, on the fourth day of October, one thousand eight hundred and lm 4* 18%* sixty, at the Kansas agency, in the Territory of Kansas, agree to and ratify the same, in the words and figures following, to wit: Whereas the Senate of the United States, in executive session, did, on the 27th day of June, A. D. 1860, advise and consent to the ratification of the “articl0s" of agreement and convention made and concluded at the Kansas agency, in the Territory of Kansas, on the fifth day of October, eighteen hundred and fifty-nine, between Alfred B. Greenwood, commissioner on the part of the United States, and certain chiefs and headmen representing the Kansas tribe of Indians, with the following Amendment, viz. : At the end of the fourth article add the following: Pravideoh That all those who had, in good faith, settled and made improvements upon said reservation, prior to the second day of December, eighteen hundred and fifty-six, (that being the day when the survey was certified by the agent of the tribe,) and who would have been entitled to enter their improvement: under any general or special pre-emption law, (had their improvements not fallen within the reservation,) such settlers shall be permitted to enter their improvements at the sum of one dollar and seventy-five cents per acre, in cash; said entries to be made in legal subdivisions, and in such quantities as the pre·emption laws under which they may claim entitle them to locate ; payments to be made on or before a day to be named by the Secretary of the Interior: And prevailed, further, That all those who had in good faith settled upon that portion of the reservation retained by this treaty for the future homes of the Kansas tribe of Indians, and had made bond fide improvements thereon prior to the second day of December, eighteen hundred and fifty-six, aforesaid, and who would have been entitled to enter their lands under the general pre-emption law at one dollar and twenty-tive cents per acre, had their improvements not fallen upon the reservation, such settlers shall be entitled to receive a fa1r·compensa.· tion for their improvements, to be ascertained by the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior; such VOL. xxr. Tamar.-} 43