Page:United States Statutes at Large Volume 14.djvu/827

 TREATY WITII THE DELAWARE INDIANS. JULY 4, 1866. 797 Anrtom: XI. The Delawares acknowledge their dependence upon Dependence the United States, and again renew their pledges of devotion to the gov- ‘“"l P"°“’°"°“· ernment thereof, and ask its protection; and the United States agree to protect, preserve, and defend them in all their just rights. Anricnn XII. It is also agreed that if the said Secretary should not Sm °*`l¤¤d¤· be able to sell the said lands as hereinbefore provided, he may cause the same to be appraised, in separate tracts, at their fair cash value, no tract to be valued at less than two dollars and fifty cents per acre, and the same when appraised may be sold at not less than the appraised value, and for as much more as the same will bring, and the money arising from the sale to be applied and distributed as hereinbefore provided. An·r1om~: XIII. It i agreed by the Delawares that railroad compa- Right ofway nies engaged in building roads whose routes shall lie through their new f°""'l"°°‘d" reservation in the Indian country shall have a right of way through and over said lands, not exceeding two hundred feet in width for any such road, and also the right to enter on all lands and take and use such gravel, stone, and other material except timber as may be necessary for the construction of such roads, compensation to be made for any damages done in obtaining such material, and for any damages arising from the location or running of such roads to improvements which shall have been made before such road shall have been located, such damages to be ascertained under regulations to be prescribed by the Secretary of the Interior. Attrtons XIV. The United States further agree that, in accordance Setdement of with the general provisions of the sixth article of the Delaware treaty of gLl?:,£,l:s°é;m May thirty, eighteen hundred and sixty, which have not yet been fulfilled, depredations. there shall be credited to the Delawnres, in the purchase of their new reservation in the Indian country, the sum of thirty thousand dollars, which credit by the United States shall be received by the Delawares as a full settlement of all claims against the government for depredations upon timber to the date of the signing of this treaty; and the Delawares shall receive, without cost, from the United States, land included within their new reservation to the amount of twenty-three sections, in place of the twenty-three sections of half-breed Kaw lands referred to in said sixth section of the treaty of eighteen hundred and sixty; and inasmuch as the Delawares claim that a large amount of stock has been stolen from them by whites since the treaty of eighteen hundred and fifty-four, the United States agree to have a careful examination of such claims made under the direction of the Secretary of the Interior, and when the value of such stolen stock shall have been ascertained, the same shall be reported to Congress with a recommendation for an appropriation to pay for the same ; and all moneys appropriated for such purpose shall be paid to the owners of said stock. An·ricr.n XV. It is also agreed by the contracting parties that noth- Delnwsreq IM ing contained in this treaty shall be so construed as to require the Dela- ;‘;;“f;;n:Qt;l° wares to remove from their present homes, until after they shall have provided. selected and received title to lands for new homes elsewhere. In testimony whereof, the said superintendent, agent, and special com- Executionmissioner, on belialf of the United States, and the said chiefs and councillors on behalf of the Delawares, have hereunto set their hands and seals this fourth day of July, one thousand eight hundred and sixty-six. THOS. MURPHY, [sum,.] Superintendent. JOHN G. PRATT, [sm;.] Agent. W. H. WATSON, [san,.] Special Commissioner, JOHN CONNOR, his x mark, [SEAL.] Head Chief