The Kansas herald of freedom., 1858-08-14


the Oldest occupant or settler shall have
the right to locate his tract so as to include
said Improvements, and the others must
make selection elsewhere, adjoining
some Shawnee settlement and in every
such case, the person or family retaining
the Improvement, shall pay those leaving
it, for the interest Of the latter therein
the value of the same to be fixed, when
the parties cannot agree thereupon, by
such tribunal, and in such mode, as may
be prescribed by the Shawnee Council,
with the consent Of the United States
agent for that tribe.
The privilege of selecting lands under
this provision, shall extend to every head
of family, who, although nota Shawnee,
may have been legally married to Shaw
nee according to the customs of that peo-
pie, and adopted by them and to all mi
nor orphan children of Shawnees, and of
persons who have been adopted as Shaw
nees, who shall not have received their
shares with any family. and all ineompe-
tent persons shall have selections made for
them adjacent, or as near as practicable to
their friends or relatives, which selections
shall be made by some disintereSted per-
son or persons appointed by the Shawnee
Council, and approved by the United
States agent. In the settlement known as
Black Bob's settlement, in which he has an
improvement whereon he resides, and in
that known as Long Tails settlement, in
which he has an improvement whereon
he resides, there are number of Shaw
nees who desire to hold their lands in
common it is, therefore, agreed that all
the Shawnees, including the persons
adopted aforesaid, and incompetent per-
sons, and minor orphan children, who re-
side in said settlements respectively, and
all who shall, within sixty days after
the approval of the surveys hereinafter
provided for, signify to the United States
agent their election to join either of said
communities and reside with them, shall
have quantity of land assigned and set
off to them, in compact body, at each
of the settlements aforesaid, equal to two
hundred acres to every individual in each
of said communities. A census of the
Shawnees residing at each of these settle
ments, and of the minor orphan children
of their kindred, and of those electing to
reside in said communities, shall be taken
by the United States agent for the Shaw
nees, in order that quantity Of land equal
to two hundred acres, for each person,
may be set off and allotted them to hold
in common as aforesaid. After all the
Shawnees and other persons herein pro-
vided for, shall have received their shares
of the two hundred thousand acres of
land reserved, 1t Is anticipated that there
s0iH still Be residue and as there are
some Shawnees who have been for years
separated from the tribe, it is agreed that
whatever surplus remains after provision
is made for all present members of the
tribe, shall be set apart in one body of
land, in compact form, under the direction
of the President of the United States !;
and all such Shawnees as return to, and
unite with the tribe within five years from
the proclamation of this instrument, shall
be entitled to the same quantity of land
out of said surplus, and in the same man
ner, and subject to the same limitations
and provisions as are hereinbefore made
for those now members of the said tribe !;
and 1rhateUer portion Of said surplus re-
mains unassigned after tie expiration Of
said Jfue gears, sIaHJe soil, as hereinafter
proVided-the proceeds of ali such sales
shall be retained in the treasury of the
United States, until the expiration of ten
years from the proclamation of this instru-
ment, after which time, should said alb
sent Shawnees not have returned and
united with the tribe, all the money then
in the treasury, or that may thereafter be
received therein, as the proceeds of the
sale of such surplus lands, shall be ap-
piled to, or invested for such beneficial or
benevolent objects among the Shawnees,
as the President ofthe United States, af-
ter consulting with the Shawnee Council.
shall determine-and should any such ab-
sent Shawnees return and unite with the
tribe after the expiration of the period of
five years hereinbefore mentioned, and
provided for, and before the expiration
of the said period of ten years, the proper
portion of any of said residue of lands
that may then remain unsold, shall be
assigned to such persons-and if all said
lands have been disposed of, equita.
bic payment in money shall be made to
| them out of the proceeds ofthe said sales.
The aforesaid assignment and selections
of said lands in the tract lying between
the Missouri State line and the said par
sllel line shall be made within ninety DAYS
after the approval of the survey of said
tract and Akre be any individuals
recognized as = resent entitled TO lands
therein, under the provisions of this arti-
Gle, who shall not have selected. or had
selected for them, within said ninety
days, their proper shares of lands, the
| Shawnee Council shall select one or more
disinterested persons, who shall, immedi-
ately after the expiration of such ninety
days, make selections of lands for them,
| In the same manner and subject TO the
same restrictions as herein before provid-
ed for minor orphan children not members
of family. and for incompetent persons.
And those residing on improvements
west of the said parallel line, shall, with
in sixty days after the approval ofthe sur
vey of the land on which they live, make
the selections of land as, aud to the
amount, they are herein before authorized
| to do. Il is agreed that all the tracts oil
land in this article assigned, or provided
4 w uO Va oEiCStCu, SAo4h OO ooo4
ed or selected according to the legal sub
divisions of the United States lands, and
according to the laws of the United
States respecting the entry of public lands
so far as said laws are applicable and nc
portion of this instrument shall be so con-
strued as to nulGfy or impair this stipula-
ton. And the said Indians hereby cede
relinqaish, and convey to the United
States, all tracts or parcels of lands which
may be sold, or are required to be sold in
pursuance of any article Of this instru.
ment
| ART. 8. In consideration of the cession
and sale herein made, the United States
agree 10 pay to the Shawnee people, the
sum of eight hundred and twenty nine
thousand dollars, in manner as follows
viz Forty thousand to be invested BY