Page:United States Statutes at Large Volume 7.djvu/561

 TREATY WITH THE NEW YORK INDIANS. 1838. 551 whereas, the President beinganxious to promote the peace, prosperity and happiness of hrs red children, and being determined to carry out the humane policy of the Government in removing the Indians from the east to the west of the Mississippi, within the Indian territory, by bringing them to see and feel, by his justice and liberality, that it is their true policy and for their interest to do so without delay. Therefore, taking into consideration the foregoing premises the fol. lowing articles of a treaty are entered into between the United States of America and the several tribes of the New York Indians, the names of whose chiefs, head men and warriors are hereto subscribed, and those who may hereafter give their assent to this treaty in writinv, within such time as the President shall appoint. U GENERAL PROVISIONS. ARTICLE 1. The several tribes of New York Indians, the names of Indians relinwhose chiefs, head men, warriors and representatives are hereunto ‘1“lSh'h°l*"l8l'** annexed, in consideration of the premises above recited, and the cove- 2;),;:1%;; nants hereinafter contained, to be performed on the part of the United O States, hereby cede and relinquish to the United States all their right, title and interest to the lands secured to them at Green Bay by the Ante, p. 342. Menomonie treaty of 1831, excepting the following tract, on which a part of the New York Indians now reside: beginning at the southwesterly corner of the French grants at Green Bay, and running thence southwardly to a point on a line to be run from the Little Cocacliu, parallel to a line of the French grants and six miles from Fox River; from thence on said parallel line, northwardly six miles; from thence eastwardly to a point on the northeast line of the Indian lands, and being at right angles to the same. Awrrcmr 2. In consideration of the above cession and relinquishment, U_ S_ S8, ,, an on the part of the tribes of the New York Indians, and in order to other lands for manifest the deep interest of the United States in the future peace and I¤dl¤¤¤· prosperity of the New York Indians, the United States agree to set apart the following tract of country, situated directly west of the State of Missouri, as a permanent home for all the New York Indians, now residing in the State of New York, or in Wisconsin, or elsewhere in the United States, who have no permanent homes, which said country is described as follows, to wit: Beginning on the west line of the State of Missouri, at the northeast corner of the Cherokee tract, and running thence north along the west line of the State of Missouri twenty-seven miles to the southerly line of the Miami lands; thence west so far as shall be necessary, by running a line at right angles, and parallel to the west line aforesaid, to the Osage lands, and thence easterly along the Osage and Cherokee lands to the place of beginning to includeone million eight hundred and twenty-four thousand acres of land, being three hundred and twenty acres for each soul of said Indians as their numbers are at present computed. To have and to hold the same in fee simple to the said tribes or nations of Indians, by patent from the President of the United States, issued in conformity with the provisions of the third “ Section of the act, entitled “An not to provide for an exchange of lands, 193*% °l*· Uuwith the Indians residing in any of the States or Territories, and for their removal west of the Mississippi," approved on the 28th day_0f May, 1830, with full power and authority in the said Indians to divide said lands among the diiferent tribes, nations, or bands, in severalty, with the right to sell and convey to and from each other, under such laws and regulations as may be adopted by the respective tribes, acting by themselves, or by a general council of the said New York Indians, acting for all the tribes collectively. It is understood and agreed that the above described country is intended as a future home for the follow-