The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1859-04-06


Tag house the TanAwxnda reservation ia the county
Of Geneee, aad State of New York on the hfth day Of
November one Thousand eight hundred and hftysev
by Charles r. Mix, as Commissioner on behalf Of the
United States and tie following persons win Jsbes
Ground Jssse spans. Isaso shanks. George Shy, and
Ely Parker, duly authorized thereto BY the TonHwanda
baud Of seaeca Indiaas which treaty in the following
words, 20 vie: G31 Sq4o GaoGe Wv ADldw 4o %
Artici Of agreement aud convention made this t day
of Noysmber Ia the ysas thousand eight hundred
and hfty ssven ut the mestng house the Tonswanda
reservation In the county oftsnesee and State Of o~
Yosk, bstwesn CAsziss T. Mix, coaan~sisasr GA be
t .estsd t.,ssssseo " The Tos6manda band Of
&M4HMmmt ~: Jsbsa&souxd, 36sss spring Isaac
smMAMSo ~, and nv g. Parker. sa sh.1Ils 4
sNAq1 aUwtain ts~afy wss heretofore made between
the III Ea1acns Of New York Indians and the United
4Akee On ts l6th day Of January 1888, and another
bsseen tSe xvnscA nation If Indiana and the United
6tatss the Goth day Of May 1s42, by which, among
other things. the Seneca nation of Indians granted aud
conveyed to Thomas Ludlow Ogden aud Joseph Fellows
the two certain Indian reservations in the State of New
York known ns the Buffalo creek and the Tonawanda
reservations to be Eurrendsred to the said Ogden and
Fellows, the performance of certain conditions preoe
dent defined in said treaties and "a y. ~, 49,
Whereas in aud by the said treaties there
dcred and reinqushed to the United States 500 900
acres of land in the then Territory Of Wisconsin and
Whereas the Uuited States, in and by said treaties
agreed to set apart for said Indians certain lands ja the
Indian territory immciiately wet of Missouri aud TO
grant the to them to be held and enjoyed ia fee
simple the quantity Of said lands being computed TO
afford 800 acres to each soul of said Indians aud did
agree that any individual any number of said Indians
might remove to said territory and thcreupon be en
tied to bold and enjoy said lands and all the benefits Of
saM treaties according to numbers respectively and
Where&s the United States did further agree to pay
the Of $40O 600 for the removal of the Indians OF
New York TO the said territory and for their support and
assistance during the first year of their residence in said
territory; and ss- -rv- - IA .t -. A. a IA
Whereas the said Ogden and Fellows did agree to pay
To of
of the surrender and REIMBURSEMENT of the said
ervations, known the Buffalo Creek and Tonawanda
reservations, certain srns OF money, part Of which
to be paid TO the individual Indians residing upon
said reservations for the improvements held and owned
by them in seyeralty, the amount Of which improve
ment money" heretofore apportoned to those residing
upon tho Tonawanda reservation, being $l5,0ls SO,
which money has been paid into and still remains in the
treasury Of the United States and 9 "
Whereas, for divers and differences, the said
treaties remain unexecued as to the said Tonawanda
reservation, and the band Of senecas residing thereon
Whereas is ascertaned at the date of these articles
that the Seneca Indians composing the Tonawanda band
and residing upon the Tonawanda reservation amount 70
$50 souls in number and .TnUEt
Whereas the United States willing to exercise the
liberal policy which has heretofore been exercised in
gard to the Senec and for the purpose Of relieving the
Tonawandas Of the difficulties and troubles under which
they labor, "a t.4,s--.- .t...-.a9 .ts -s. . ..-
These articles are entered into -'
AnrcLK L. The said persons, authorized as in the cap
ton hereof stated, hereby surrender and renqush TO
the United States all claims severlly and in common
band of Indians, and part of the Seneca nation to
the lands of the State of Missouri and all right and
claim TO be removed thither and for support and assist
after such removal and all other claims against the
United States under the aforesaid treaties of 1888 and
I842 except however, such moneys they may be
titled to under said treaties paid payable by the said
Ogden and Fellows. t .
ARTICLE g. In consideration of which aforesaid srren-
der and REIMBURSEMENT the United States agree to pay
and invest in the manner hereinafter specified the sum
of $256 900 for the said Tonawanda band of Indians
ARTICLE g. IL Is hereby agreed that the TonawanCn
band may purchase of the said Ogden and Fellows,
the suryivor Of them Of their heirs assigns the
tire Tonawanda reservation such portions thereof
they may be willing to sell and said band may be willing
purchase and the United States undertake and
to pay for the ont of the said of $3.50, 900,
upon the express condition that the rate of purchase shall
not exceed average, $40 per acre a2ga afa i|
The land purchased shall be taken by deed Of
veyance the Secretary of the Interior of the United
States and his in Office in fee, to be bed by
him in trust for the said 1onawanda band Of Indians and
their exclusive use, occupation and enjoyment until the
Legislature of the State Of New York shall pass
designating persons public officer of that State
to take and hold said land upon similar trust for said
Indians whereupon they shall be granted by the said
Secretary TO such persons or public officer. ata "
ARTICLE 4. And the said Tonawanda band of Indians
hereby agree surrender reinquish and give up to the
said Ogden and Fellows the survivor of them, or their
assigns provided the whole reservation shall not be
purchased-the unmproved lands which they shall not
purchase aforesaid within thirty days after this treaty
shall be proclaimed by the President the United States
and the improved lands which they shall not purchase
aforesaid on the lst day of June, 1859, gg vs.
ARTICLE S. For the purpose of contracting for and
making purchase6of the lands contemplated herein,
majority of the chiefs and headmen OF said Tonawanda
band in council assembled may appoint more at
torneys with adequate powers, which appointment must
be approved by the Secretary of the Interior before
such attorney attorneys have power to act in the
premiscs al s7.fs 7a s-,rr,.-..-,.5,.,- -.,s, -.,.
Article 6, Whenever quantity Of said lands, amount
ing acres the least upon the terms herenbe
fore provided may be purchased written notice,
ted by the chiefs and headmen In council and acknow
edged before justice OF the supreme court OF New York
or Judge Of the superior court Of the city Of Buffalo, shall
he given tbe Secretary of the Interior whercupon the
portion of said sum of 1856 00O not expended in the
purchase of lands aforesaid shall be invested by the
sad Secretary of the Interior in stocks of the United
States in stocks of of the States, at his dscre
ton aud the increase arising from such Investment shall
be paid TO the said Tonawanda Indians at the time and
In the manner that the annutes paid which said
Indians are entitled to receive from the United
States.
ARTICLE T. IL is hereby agreed that The Of sl5,
01s 36 .improvcment money = heretofore apportioned
to the Indians upon the Tonawanda reservation shall be
again arpotioncd by agent to be appointed by the
chiefs and headmen in council assembled to be approved
by the Secretary of the Interior which agent shall make
report of such apporionment TO the said Secretary OF
the Interior and II he concur therein, the shares
ceraned shall be paid to the individual Indians entitled
thereto who shall surrender and renqush to the said
Ogden and Fellows the survivor Of them, their
signs their improvements and any balance remaining
shall be paid to the chiefs and headmen OF the band TO
be isbursed by them n payment of the debts for the
,vc AZ the hand OF the be thus