Page:United States Statutes at Large Volume 7.djvu/562

 552 TREATY WITH THE NEW YORK INDIANS. 1838. ing tribes, to wit: The Senecas, Onondagas, Cayugas, Tuscaroras, Oneidas, St. Regis, Stockbridges, Munsees, and Brothertowns residing in the State of New York, and the same is to be divided egually among them, according to their respective numbers, as mentioned in a. schedule hereunto annexed. Tribes that do Anricuz 3. It is further agreed that such of the tribes of the New “°‘ “8’€° ‘° ’°‘ York Indians as do not accept and agree to remove to the country set }Q;°,{',$,’£{°g,l,,;°{ apart for their new homes within five years, or such other time as the rest in said President may, from time to time, appoint, shall forfeit all interest in the l¤¤d$· lands so set apart, to the United States. Peace and Anricnn 4. Perpetual peace and friendship shall exist between the {'l°¤d°hlP- United States and the New York Indians; and the United States hereby guaranty to protect and defend them in the peaceable possession and enjoyment of their new homes, and hereby secure to them, in said country, the right to establish their own form of government, appoint their own officers, and administer their own laws; subject, however, to the legislation of the Congress of the United States, regulating trade and intercourse with the Indians. The lands secured to them by patent under this treaty shall never be included in any State or Territory of this Union. The said Indians shall also be entitled, in all respects, to the same political and civil rights and privileges, that are granted and secured by the United States to any of the several tribes of emigrant Indians settled in the Indian Territory. Land set apart An·rrcr.n 5. The Oneidas are to have their lands in the Indian Terrif°*'*h° O¤°id°¤· tory, in the tract set apart for the New York Indians, adjoining the Osage tract, and that hereinafter set apart for the Senecas; and the same shall be so laid off as to secure them a sufficient quantity of timber for their use. Those tribes, whose lands are not specially designated in this treaty, are to have such as shall be set apart by the President. Annuities, AR·rrci.¤ 6. It is further agreed that the United States will pay to W*?g'° *° b° those who remove west, at their new homes, all such annuities, as shall pmproperly belong to them. The schedules hereunto annexed shall be deemed and taken as a part of this treaty. Treaty binding Arvricnn 7. It is expressly understood and agreed, that this treaty Wh€¤ f<¤m°d· must be approved by the President and ratified and confirmed by the Senate of the United States, before it shall be binding upon the parties to it. It is further expressly understood and agreed that the rejection, by the President and Senate, of the provisions thereof, applicable to one tribe, or distinct branch of a tribe, shall not be construed to invalidate as to others, but as to them it shall be binding, and remain in full force and effect. The ¤c¤¤¤¤¢p ARTICLE 8. It is stipulated and agreed that the accounts of the Com-
 * ):3;: gg3K0f missioner, and expenses incurred by him in holding a council with the

to be f,,,gd_ New York Indians, and concluding treaties at Green Bay and Duck Creek, in Wiscorisin, and in the State of New York, in 1836, and those for the exploring party of the New York Indians, in 1837, and also the expenses of the present treaty, shall be allowed and settled according to former precedents. SPECIAL PROVISIONS FOR THE ST. REGIS. Payment to Aivricnm 9. It is agreed with the American party of the St. Regis §;n§;€‘$,£'i; Indians, that the United States will pay to the said tribe, on their ,.€m0v,,l_ removal west, or at such time as the President shall appoint, the sum of five thousand dollars, as a remuneration for monies laid out by the said tribe, and for services rendered by their chiefs and agents in securing the title to the Green Bay lands, and in removal to the same,