Page:United States Statutes at Large Volume 14.djvu/817

 TREATY WVITH THE CREEK INDIANS. JUNE 14, 1866. 787 nation independent and self-sustaining, and to pay the damages sustained by the mission schools on the North Fork and the Arkansas rivers, not to exceed two thousand dollars, and to pay the delegates such per diem as the agent and Creek council may agree upon, as a. just and fair compensation, all of which shall be distributed for that purpose by the agent, with the advice of the Creek council, under the direction of the Secretary of the Interior. One hundred thousand dollars shall be paid to soldiers that enlisted in the Federal army and the loyal refugee Indians and freedmen who were driven from their homes by the Rebel forces, to reimbuwe them in proportion to their respective losses; four hundred thou- Amendment. sand dollars shall be paid per capita in money to said Creek nation, uu- P"'- P· 7°1· less otherwise directed by the President of the United States, under the direction of the Secretary of the Interior, as the same may accrue from the sale of land to other Indians. The United States agree to pay to said Indians, in such manner and for such purposes as the Secretary of the Interior may direct, interest at the rate of five per cent per annum from the date of the ratification of this treaty, on the amount hereinbefore agreed upon for said ceded lands, after deducting the said two hundred thousand dollars ; the residue, two hundred and seventy-five thousand one hundred and sixty-eight dollars, shall remain in the treasury of the United States, and the interest thereon, at the rate of five per centum per annum, be annually paid to said Creeks as above stipulated. Anrrcrn IV. Immediately after the ratification of this treaty the fP°¤¤°*;°g}°Y¤l United States agree to ascertain the amount due the respective soldiers ;;§§§8d'Q,,:,:°° who enlisted in the Federal army, loyal refugee Indians and freedmen, soldiers enlisted in proportion to their several losses, and to pay the amount awarded m f°d°"’·l *’·""'Y• each, in the fbllowing manner, to wit: A census of the Creeks shall be Consus,8¤c. taken by the agent of the United States for said nation, under the direction of the Secretary of the Interior, and a roll of the names of all soldiers that enlisted in the Federal army, loyal refugee Indians, and freedmen, be made by him. The superintendent of Indian affairs for the Southern superintendency and the agent of the United States for the Creek nation shall proceed to investigate and determine from said roll the amounts due the respective refugee Indians, and shall transmit to the commissioner of Indian affairs for his approval, and that of the Secretary of the Interior, their awards, together with the reasons therefor. In case the awards so made shall be duly approved, said awards shall be paid from the proceeds of the sale of said lands within one year from the ratification of this treaty, or so soon as said amount of one hundred thousand ($100,000) dollars can be raised from the sale of said land to other Indians. AIITICLE V. The Creek nation hereby grant a right of way through Rish*i9l`W¤Y their lands, to the Choctaw and Chickasaw country, to any company §;§l,Qt:%_°r ° which shall be duly authorized by Congress, and shall, with the express consent and approbation of the Secretary of the Interior, undertake to construct a railroad from any point north of to any point in or south of ' the Creek country, and likewise from any point on 'their eastern to their western or southern boundary, but said railroad company, together with Conditions. all its agents and employes, shall be subject to the laws of the United States relating to intercourse with Indian tribes, and also to such rules and regulations as may be prescribed by the Secretary of the Interior for that purpose, and the Creeks agree to sell to the United States, or any Lands wil1b• company duly authorized as aforesaid, such lands not legally owned or ”°ldoccupied by a member or members of the Creek nation, lying along the line of said contemplated railroad, not exceeding on each side thereof a belt or strip of land three miles in width, at such price per acre as may be eventually agreed upon between said Creek nation and the party or pprties building said road, subject to the approval of the President of the nited States: Provided, however, That said land thus sold shall not be Proviso.