Page:United States Statutes at Large Volume 7.djvu/353

 TREATY WITH THE MENOMONIES. 1831. 343 tion they desire to continue; and although always protesting that they are under no obligation to recognise any claim of the New York Indians to any portion of their country; that they neither sold, nor received any value, for the land claimed by these tribes; yet, at the solicitation of their Great Father, the President of the United States, and as an evi- Cession of land dence of their love and veneration for him, they agree that such part *0 U- S- for the of the land described, being within the following boundaries, as he may §°§Q§,n§‘f,£;hf,,_ direct, may be set apart as a home to the several tribes of the New York dians. Indians, who may remove to, and settle upon the same, within three years from the date of this agreement, viz : beginning on the west side of Fox river, near the “Little Kackalin," at a point known as the “Old Boundaries. Mill Dam ;" thence northwest forty miles; thence northeast to the Oconto creek, falling into Green bay; thence down said Oconto creek to Green bay; thence up and along Green bay and Fox river to the place of beginning; excluding therefrom all private land claims confirmed, and also the following reservation for military purposes; beginning on the Fox river, at the mouth of the first creek above Fort Howard; thence north sixty-four degrees west to Duck creek; thence down said Duck creek to its mouth ; thence up and along Green bay and Fox river to the place of beginning. The Menomonee Indians, also reserve, for the use of the United States, from the country herein designated for the New York Indians, timber and firewood for the United States’ garrison, and as much land as may be deemed necessary for public highways, to be located by the direction, and at the discretion of the President of the United States. The country hereby ceded to the United States, for the benefit of the New York Indians, contains by estimation about five hundred thousand acres, and includes all their improvements on the west side of Fox river. As it is intended for a home for the several tribes of the New York Indians, who may be residing upon the lands at the expiration of three years from this date, and for none others, the President of the United States is hereby empowered to apportion the lands among the actual occupants at that time, so as not to assign to any tribe a greater number of acres than may be equal to one hundred for each soul actually settled upon the lands, and if, at the time of such apportionment, any lands shall remain unoccupied by any tribe of the New York Indians, such portion as would have belonged to said Indians, had it been occupied, shall revert to the United States. That portion, if any, so reverting, to be laid off by the President of the United States. It is distinctly understood, that the lands hereby ceded to the United States for the New York Indians, are to be held by those tribes, under such tenure as the Menonomee Indians now hold their lands, subject to such regulations and alteration of tenure, as Congress and the gresident of the United States shall, from time to time, think proper to a opt. Swmd. For the above cession to the United States, for the benefit of consideration. the New York Indians, the United States consent to pay the Menomonee Indians, twenty thousand dollars; five thousand to be paid on the first day of August next, and five thousand annually thereafter; which sums shall be applied to the use of the Menomonees, after such manner as the President of the United States may direct. Third. The Menomonee tribe of Indians, in consideration of the Fm-they ces. kindness and protection of the Government of the United States, and sixontpféands to {01* the purpose of securing to themselves and posterity, a comfortable ° °‘ home, hereby cede and forever relinquish to the United States, all their country on the southeast side of Winnebago lake, Fox river, and Green bay, which they describe in the following boundaries, to wit: beginning at the south end of Winnebago lake, and running in a southeast direction to Milwauky or Manawauky river; thence down said river to 1tS mouth; thence north, along the shore of lake Michigan, to the entrance