Page:United States Statutes at Large Volume 12.djvu/1182

 1130 thEATY WITH THE DELAWARE INDIANS. MAY 30, 1860 Mode er ARTICLE II. The division and assignment in scveralty among the divi»i¤¤· Dclawares of the land shall be made in a compact bqdy, under the dil·cction of the Secretary of the Interior, and his decisxou of all questwns arising thereupon shall be final and conclusive. Certiicatesto Certificates shall be issued by the Commissioner of Indian Affairs, for ”m°» &°· the tracts assigned in severalty, specifying the names of the individuals to whom they have been assigned respectively, and that the said tract; are set apart for the exclusive use and benefit of the assignees and their eirs. Lmd not And said tracts shall not be alienable in fec, leased, or otherwise disposed ¤u¤¤¤m°»°*°°P% of; except to the United States or to members of the Delaware tube, and &°‘ under such rules and regulations as may be prescribed by the Secretary of the Interior; and said tracts shall be exempt from levy, taxation, sale, or forfeiture, until otherwise provided by Congress. Gerzismea to Prior to the issue of the certificates aforesaid, the Secretary of the Inb° ‘?‘""°‘"° terior shall make such rules and regulations as he may deem necessary or fnm1ly,&c.  . . . . . . . F h pcdxcnt, respecting the dxsposmon of any of sand tracts, m case 0 t c death of the person or persons to whom they may be assigned, so that the same shall be sccnued to the families of such deceased persons. And Abandonment should an of the Indians to whom tracts shall be assivued, abandon them, . y U I _ °f hm! ”"8’“°d· the said Secretary may take such action in relation to the proper d1sp0s1- tion thereof, as, in his judgment, may be necessary and proper. Improvements. The improvements of the Indians residing on the lands to be sold shall be valued by the United States, and the individual owners thereof shall receive the amount realized from the sale of the same, to be expended in building other improvements for them ou the lands retained. Leavenworth, ARTICLE III. The Delaware tribe of Indians, entertaining the belief 1Q};?;;;  that the value of their lands will be enhanced by having a railroad pass- Co. m have a ing through their present reservation, and being of the opinion that the v¤‘¢fi¥¢¤¢<;;_¥§ fhg Leavenworth, Pawnee, and Western Railroad Company, incorporated by ¥;;;}:?:g_ M an act of the legislative assembly of Kansas Territory, will have the adsee amend- vantage of travel and general transportation over every other company “’°“*·P"“vP· 16* proposed to be formed, which will run through their lands, have expressed a desire that the said Leavenworth, Pawnee, and Western Railroad Company shall have the preference of purchasing' the remainder of their lsnde after t51e Jracti in sgrcralgy ggd those? for éhe spe-:20.1 objects erem name s a ve n se cc an se apa upon the payment into gn: {Quito!} States treasury, which payment shall be made within six mon a er the quantity shall have been ascertained, in old or silver coin, of such a sum as three commissioners, to be appointed gy the Secre- Minimum tary of the Interior, shall appraise to be the value of said land: Provided, £$1·25 P"` in no cvgant shall the value be placed below the sum of one dollar and twenty- ve cents per gcre exclusive of the cost of survey of the same. [And that the United States will issue a patent in fcc-simple to said company, upop the payment as aforesaid, for all their land remaining in Kangsil It xs, ;l$;·e£:;·e, agreed by the United States that the wishes of the e wares s granted- that the will a ce t of the tr et ed upon them; and that the mzmey resujlting frezm gucb digposxlonrigoihe Vol. x.p. 1050. lands shall be disposed of and applied in the manner provided for by the seventh and eighth articles of the Delaware treat of sixth Ma one thousand eight hundred and fifty-fom-, after expendlhg a sufficient glm to enable them to commence agricultural pursuits under fhvoruble circum- R,u,°,d,°m_ stances. Ie1s also agreed that the said railroad company shall have the pan;g: l{e ¥e perpetual mght of way ever any portion of the lands allotted to the Dclag§‘$ay  gwares m severally, on the payment of s. just compensation therefor, in meneyéto the respective parties whose lands are crossed by the line of Pmvmm for · ARTICLE IV. Whereas some years ago a good many of the Dclawares 3elav;;re: who went dowrl among the Southern Indians, and as there are still about two ° ° " hundred of them there, and as they have reason to believe they will return