Page:United States Statutes at Large Volume 12.djvu/1229

 TREATY WITH THE DELAWARES. JULY 2, 1861. 1177 Trgaty peglwéettitpe United States and the Delaware Tribe of Indians. one u e u 2 1861. Rati d An. ‘ Odober 4, 186% y jk, gust 6, 1861 Prcclazmed, ABRAHAM LINCOLN, PRESIDENT OF THE UNITED STATES OF AMERICA, ro Arr, ANDISINGULAR ro wnou rumen rnnsnnrs sx-nm, coun, oiznncriuc.: July 2, 1861. Wrxnnrzns a treaty or agreement was made and concluded at Leaven- P'°**mb1°· worth City, Kansas, on the second day of July, one thousand eight hundred and sixty-one, between the United States of America and the Delaware tribe of Indians, relative to certain lands of that tribe conveyed to the Leavenworth, Pawnee, and Western Railroad Company, and to bonds executed to the United States by the said company for the payment of the said Indians, which treaty or agreement, with the preliminary and incidental papers necessary to the full understanding of the same, is in the following words, to wit: Whereas, by the treaty of May 30, 1860, between the United States gm,,;,, img, and the Delaware tribe of Indians, it is provided that the surplus lands pledged by milof said Delawares, not included in their " home reserve," should be sur- ggggrggggzggsm veyed and appraised under direction of the Secretary of the Interior; and i that in order to aid in the construction of a. railroad near and through their said “ home reserve," the Leavenworth, Pawnee, and Western Railroad Company of Kansas, duly organized and incorporated under the laws of said territory, should have the right to purchase such surplus lands at such appraised value- on condition, however, that after paying for said lands, said company should only receive title to one half of them on completing and equipping, within a reasonable time, twenty-Eve (25) miles of said railroad from Leavenworth City westward; and should only receive title to the remaining half of said lands on completing and equipping said road, within a reasonable time, to the western boundary of the “ Delaware Reserve; " and that in case said company should fail to pay for said lands, or having paid, should forfeit the same, or any part thereof; before receiving title, by failing to construct either the first or the second section of said road within such reasonable time, then thevlands so forfeited, or not paid for, should be sold in quantities not exceeding one hundred and sixty (160) acres, at not less than such appraised value; the proceeds of such sale, subject to a certain contingent deduction, to be invested by the President of the United States in “ safe and prohtable st0cks," for the benelit of said Delaware Indians: And whereas said surplus lands, to the amount of 223,966,70%, acres, have been duly surveyed and appraised at an aggregate valuation of two hundred and eighty-six thousand seven hundred and forty-two and {2,*,,- ($286,742-,1,,5,,) dollars : And whereas the said Leavenworth, Pawnee, and Western Railroad Company has executed, under their corporate seal, and by the hand of Thomas Ewing, Jr., their agent, their twenty-nine (29) several bonds, all of even date herewith, and numbered from one to twentyminc, inclusive, for sums amounting in the aggregate to $5286,742,*;,55, being the amount of the valuation of said surplus lands as above stated, twenty-eight (28) of which said bonds are for the sum of ten thousand (3510,000) dollars