Page:United States Statutes at Large Volume 7.djvu/599

 TREATY IVITH THE SENECAS. 1842. 589 lands on the said tracts, within one month after the report of the said lndeming be. arbitrators shall be tiled, in the office of the Department of War, and “*'¢°¤ I-·¤¢H°W the improved lands within two years after the said report shall have been SQ F§“°wS fnd so tiled; Provided always that the amount to be so ascertained and iiidnefneca ni awarded, as the proportionate value of the said improvements, shall on the surrender thereof be paid to the President of the United States, to be distributed among the owners of the said improvements, according to the determination and award of the said arbitrators, in this behalf, and provided further that the consideration for the release and convey- ance of the said lands shall at the time of the surrender thereof be paid or secured to the satisfaction of the said Secretary of the War Department, the income of which is to be paid to the said Seneca Indians annually. " But any Indian having improvements may surrender the same, and the land occupied by him and his family at any time prior to the expiration of the said two years, upon the amount awarded to him for such improvements being paid to the President of the United States, or any agent designated by him for that purpose by the said Ogden and Fellows, which amount shall be paid over to the Indian entitled to the same, under the directions of the War Department. "Aa·r1c1.n Srxru. It is hereby agreed and declared, to be the understanding and intent of the parties hereto, that such of the said Seneca nation, as shall remove from the State of New York, under the provisions of any treaty, made or to be made, between the United States and the said Indians, shall be entitled in proportion to their relative numbers to the funds of the Seneca nation, and that the interest and income of such their share and proportion of the said funds, including the consideration money to be paid to the said nation in pursuance of this Indenture, and of all annuities belonging to the said Nation shall be paid to the said Indians so removing at their new homes, and whenever the said tracts called the Allegheny and the Cattaraugus Reservations, or any part thereof shall be sold and conveyed by the Indians remaining in the State of New York, the Indians so removing shall be entitled to share in the proceeds of said sales in the like proportion. And it is further agreed and declared, that such Indians owning improvements in the Cattaraugus and Alleghany tracts as may so remove from the State of New York, shall be entitled on such removal, and on surrendering their improvements to the Seneca nation, for the benefit of the nation to receive the like compensations for the same, according to their relative values, as in the third and fourth articles of this treaty are stipulated to be paid, to the owners of improvements in the Buifalo Creek and Tonnewanda Tracts, on surrendering their improvements; which compensations may be advanced by the President of the United States, out of any funds in the hands of the Government of the United States, belonging to the Seneca nation, and the value of these improremenlts shall be ascertained and reported by the Arbitrators, to be appointed in pursuance of the fourth article. °‘ARTICLE Smvanrrr. This Indenture is to be deemed to bein lieu ot} and as a substitute for the above recited Indenture made and Idated the fifteenth day of January, one thousand eight hundred and thirty-eight, so far as the provisions of the two instruments may be inconsistent, or contradictory, and the said Indenture so far as the same may be inconsistent with the provisions of this compact, is to be regarded and is hereby declared to be rescinded and released. "An·rrcLn Eronrrr. All the expenses attending the eicecution of this Indenture and compact including those of the arbitrggn and surveys