Page:United States Statutes at Large Volume 14.djvu/678

 648 TREATY WITH THE NEZ PERCE INDIANS. JUNE 9, 1863. ing to Elk City, (so as to include all the Indian farms now within the forks ;) thence in a straight line, westwardly, to the place of beginning. Roservatioum All of which tract. shall be set apart, and the ab0ve·described bounl_;°°f‘;‘;,*3]‘;  daries shall be surveyed and marked out for the exclusive use and benefit
 * ,0 shall Sem; of said tribe as an Indian reservation, nor shall any white man, exceptthereon within ¤ ing those in the employment of the Indian department, be permitted to

Y""' reside upon the said reservation without permission of the tribe and the superintendent and agent; and the said tribe agrees that so soon after the United States shall make the necessary provision for fulfilling the stipulations of this instrument as they can conveniently arrange their affairs, and not to exceed one year from its ratification, they will vacate the country hereby relinquished, and remove to and settle upon the lands herein reserved for them, (except as may be hereinafter provided.) In the mean time it shall be lawful for them to reside upon any ground now occupied 01- under cultivation by said Indians at this time, and not included in the reservation above named. And it is provided, that any Improvement substantial improvement heretofore made by any Indian, such as fields
 * g:"d;i§j‘;;f’· enclosed and cultivated, or houses erected upon the lands hereby relin-

P ’ quished, and which he may be compelled to abandon in consequence of this treaty, shall he valued under the direction of the President of the United States, and payment therefor shall be made in stock or in improvements of an equal value for said Indian upon the lot which may be assigned to him within the bounds of the reservation, as he may choose, and no Indian will be required to abandon the improvements afbresaid, now occupied by him, until said payment or improvement shall have been made. And it is further provided, that if any Indian living on any of the land hereby relinquished should prefer to sell his improvements to may be S<>ldfo any white man, being a. loyal citizen of the United States, prior to the by *1 “'h‘"S‘ same being valued as aforesaid, he shall be allowed so to do, but the sale or transfer of said improvements shall be made in the presence ofQ and with the consent and approval of; the agent or superintendent, by whom a certificate of sale shall be issued to the party purchasing, which shall Certificates of set forth the amount of the consideration in kind. Before the issue of ”·l°· said certificate, the agent or superintendent shall be satisfied that :1 valuable consideration is paid, and that the party purchasing is of undoubted loyalty to the United States government. No settlement or claim made upon the improved lands of any Indian will be permitted, except as herein provided, prior to the time specified for their removal. Any sale or transfer thus made shall be in the stead of payment for improvements from the United States. Boundary lines ARTICLE III. The President shall, immediately after the ratification v€ycd;m,,k,ts_ marked and established ; after which, so much of the lands hereby reserved as may be suitable for cultivation shall be surveyed into lots of twenty acres each, and every male person of the tribe who shall have _H¢¤ds ¤ff=~mi- attained the age of twenty-one years, or is the head of a. family, shall
 * ‘;§in‘;‘g;l;il‘¥_ of this treaty, cause the boundary lines to be surveyed, and properly
 * 1;€_“Y l°°"'°° have the privilege of locating upon one lot as `a permanent homc for sueh

person, and the lands so surveyed shall be allotted under such rules and regulations as the President shall prescribe, having such reference to their settlement as may secure adjoining each other the location of the diferent; families pertaining to each baud, so far as the same may be practicable. Such rules and regulations shall be prescribed by the President, or under his direction, as will insure to the family, in case of the death of _ the head thereof; the possession and enjoyment of such permanent home, the_:;_3f°**°° and the improvements thereon. When the assignments as above shall ' have been completed, certificates shall be issued by the Commissioner of Indian Affairs, or under his direction, for the tracts assigned in severalty, specifyin g the names of the individuals to whom they have been assigned respectively, and that said tijacts are set apart for the perpetual and exclu-