Page:United States Statutes at Large Volume 14.djvu/679

 TREATY WITH THE NEZ PERCE INDIANS. JUNE 9, 1863. 649 give use and benefit of such assignees and their heirs. Until otherwise Theseivts to provided by law, such tracts shall be exempt from levy, taxation, or sale, mgxfggg {22 and shall be alienable in fee, or leased, or otherwise disposed of; only to the ’ ' United States, or to persons then being members of the Nez Pereé tribe, and of Indian blood, with the permission of the President, and under such regulations as the Secretary of the Interior or the Commissioner of Indian Affairs shall prescribe; and if any such person or family shall at any time neglect or refuse to occupy and till a portion of the land so assigned, and on which they have located, or shall rove from place to place, the President may cancel the assignment, and may also withhold from such person or family their proportion of the annuities or other payments due them until they shall have returned to such permanent home, and resumed the pursuits of industry; and in default of their return, the tract may be declared abandoned, and thereafter assigned to some other person or family of such tribe. The residue of the land hereby reserved Residue to be shall be held in common for pasturage for the sole use and benefit of the held l“ °°mm°”· Indians: Provided, however, That from time to time, as members of the tribe may come upon the reservation, or may become of proper age, after the expiration of the time of one year after the ratification of this treaty, as aforesaid, and claim the privileges granted under this article, lots may be assigned from the lands thus held in common, whereever the same may be suitable for cultivation. No State or territorial Restriction legislature shall remove the restriction herein provided for, without the xgvfdbgmout consent of Congress, and no State or territorial law to that end shall be the consent of deemed valid until the same has been specially submitted to Congress for C°¤€*`°’$S- its approval. Anrroms IV. In consideration of the relinquishment herein made the Pa>fm°¤*¤ W United States agree to pay to the said tribe, in addition to the annuities tlifoifiéj p_ 95,, provided by the treaty of June 11th, 1855, and the goods and provisions distributed to them at the time of signing this treaty, the sum of two hundred and sixty-two thousand and five hundred dollars, in manner following, to wit: First. One hundred and fifty thousand dollars, to enable the Indians to remove and locate upon the reservation, to be expended in the ploughing of land, and the fencing of the several lots, which may be assigned to those individual members of the tribe who will accept the same in accordance with the provisions of the preceding article, which said sum shall be divided into four annual instalments, as follows: For the first year after the ratification of this treaty, seventy thousand dollars; for the second year, forty thousand dollars; for the third year, twenty-five thousand dollars; and for the fourth year, fifteen thousand dollars. Second. Fifty thousand dollars to be paid the first year after the rati- Hcation of this treaty in agricultural implements, to include wagons or carts, harness, and cattle, sheep, or other stock, as may be deemed most beneficial by the superintendent of Indian affairs, or agent, after ascertaining the wishes of the Indians in relation thereto. Third. Ten thousand dollars for the erection of a saw and fiouring mill, to be located at Kamia, the same to be erected within one year after the ratification hereof Fourth. Fifty thousand dollars for the boarding and clothing of the children who shall attend the schools, in accordance with such rules or regulations as the Commissioner of Indian Affairs may prescribe, providing the schools and boarding-houses with necessary furniture, the purchase of necessary wagons, teams, agricultural implements, tools, &c., for their use, and for the fencing of such lands as may be needed for gardening and farming purposes, for the use and benefit of the schools, to be expended as follows: The first year after the ratification of this treaty_ six thousand dollars; for the next fourteen years, three thousand dollars each year; and for the succeeding year, being the sixteenth and last instalment, two thousand dollars.