Daily intelligencer. [volume] (Wheeling, Va. [W. Va.]) 1859-1865, 1862-07-04

tu9 rest OF COthinOuS an
the remainder OF the land after the special ressrya
ton hereinafter provided for shall have been made
to be sold for the benefit Of said tribe tfa
ARTICLE ID. 1t shall be the duty of the agent o
the United States for said tribe fake an accufat
census Of all the members Of the tribe and TO eassf
them 10 separate lists showing the names, ages au
numbers OF those desiring lands in seVefalty, and
those desiring lands In common, designating chief
and headmen, respectively each admit choosing fo
himself or herself and each head Of family for thI
minor children of such AmIly and the agent for th
orphans and persons Of an unsOund mind. Ant
theFegp2n there shall be assigned under the direc
ton OF the Commissioner of Indian Affairs, to edeI
chief at the signing treaty one secton eacl
headman, one-half section; to each other head of
family, one-quaFter sectfon and TO each other per
eighty Gcres of land TO include In every case a.
rRs practicable, 10 each family, their Improvement.
aud reasonable portion Of timber TO be selected
eordtng to the legal subdivision OF suFJey. When
such assignments shall have besn completed, csrtid
Gates shallbe Issued by the Commissioner OF Indian
Affairs for the tracts assigned In seVsFaIty specify ne
the names tthe individuals to whom they have been
assigned, respectively, that said tracts set
apart for the perpetual and exclusive and benefit
OF such assignees aud their heirs Until otherwise
provided by law, such tracts shah bs exempt from
levy, taxation, sale and shall be aenabe or
leased otherwise disposed OF only 70 the United
States, to peons then being members Of the Pot
taWntomie tribe and of Indian blood, with the per-
mission OF the President and under such regulations
as the Secretary OF the Interior shall provide except
as may be hereinafter provided. And on receipt OF
such certificates the person to whom they Issued
shall be deemed TO have relinquishe aliright TO any
portion OF the lands assigned to others In seVerAlty
or to portion Of tue tribe in common. and to the
proceeds Of sale of the same WhensOver made
ARIIcLES. At any time hereafter when the Pres
ident OF the United states shall have become satisfied
that any adults, being males and heads of families
who may be Hllottees under the provisions Of the
foregoing article, sufficiently intelligent and pru
dent to control their affairs and interests, he may
the request OF such persons cause the lands severIly
held by them 10 be conveyed to them by patent In
fec simple, with power Of alienation and may, the
same time, to be paid to them. In cash or in the
bonds of the United states their proportion OF the
cash value Of the credits OF the tribe principal and
interest," then held in trust by the United States and
also as the same may hs received their proportion
Of the proceeds OF the sale of lands under the proy
Ions sthis treaty; and such patents being issued
and such payments ordered to be made by the Pres-
ident such eomPetent Persgns shall eeAsg to be
bers OF said tribe, and shall become citZeut of the
United State5 and thereafter the lands patented
TO them shall be subject TO levy, taxation and SALE In
Provided. That before making any ouch application
to the President they shall appeSr In open court in
the district court Of the United States for the distinct
OF Kansas, and make the same proof and take the
same oath Of allegiance Is provided by law for tile
naturalization Of Aliens shall also make pruoF to
the satisfaction Of said court that Ioy are sueient-
ly tntelgently and prudent to control their affairs
and intsrests that they have adopted the habits OF
ci,ilEed life, and have been able to support for ut
least i've yehrs, Themselves and families. ~ lais
ARTICLE t. 10 those members of sid tribe who de-
sire to hold their lands in there shall be set
apart an Undivided quantity sufficient to allow one
man, and one hundred and sixty to each other
head Of family and eighty Of nd eacli ut-
person, and said land shall be held by that portion
~
nure the whole reserve has been held by all OIsaid
trbe under the treaty Of 1876 Aud upon such land
being assigned in cOmInuh the persons whom Il Is
assigned shall be held to have relinquishe all title
to the lands assigned in ssveraity and in the proceeds
Of sales thereof whenever made.
ARTICLE 5. The POttawatOmIes believing that the
construction OF the LeaTenworth, PANnee, and West
ern Railroad from LsayenwOrth Cty to tine Western
boundary Of the former reserve ofths Delawares is
rendered reasonably certain. and being de4irous
to have said railroad extended through their reserve
the direction Of FORT Riley that tho value OF
l.. -.
means afforded them OF getting the surplus product
Of their farms to market. it ts provided that the
Leayenworthy PaEnee, and W eaterP RailrOad Compa-
ny shall have the privilege OF buying the remainder
of their lands within six afer the tracts here
in otherwise disposed OF shall have been selected and
set apatt provided they pure the whole Of such
surplus lands Rt the rate Of dollar and
eentspbr acre.
And II said company make such purchase It shan
be subject the considerations fOll0wing to- Wtt
They shall construct aud FULLY equip n good aud ef
cent railroad from Leavenworth CITY to apOInt half
Delaware reserve and the WesteTn boundary Of the
said PottaNatomie reserVe (befng the first section Of
purchase. and shall construct and fully equip such
road from the said named point to tho western bonn
Diary OF said POttaWatomie reserve tein the second
section Ofsai1 road within three IRON the date
fixed the completion Of the said first sections and
NO patent patents shall issue 70 said Company or
its assigns for any Of said lands purchased until the
first section Of said railroad shall have been eOmpet.
ed and equipped and then for not more than half Of
said and patent patents shAllssue to said
tion Of said lands until said second section of said rail-
road shall have been c0mpet ed and equipped atofe
said and before any patents shall issue for any part
Of said lands payment shall be plade for the lands 70
be patented at therlte OF dollar aud twenty
cents per acre. and said company shah pay the whole
amount 0fthe purchase money for Hlid lands IN gold
silver coin TO the Secretary OF the Interior OF the
United States, in trust for said PottaWatOmie Indi-
ans within nine years from the date or such tiur-
chase and shall al80 In like manner pay 20 the Score
tary the Interior Of the United States In trust as
Aforesaid each and every year until the whole pur-
chase money shah have been paid, interest from date
Of purchase At six per cent per amum. on all the
purchase Money rem lining mn aid. -...,
And Il said enmpany shall fail to complete either,
section OF such railroad In good and efficient man
ner, or shall htil to pay the whole of the purchase
money for said land within the times above pre4eri
bed shall fail TO pay all any part Of the interest
within thirty days from the date when such pay uient
Of interest shall fall due, then the or pur
chase shAl be deemed and held absolutely null and
void and shall cease to be binding either OF the
parties thereto, and said company aud its asligus
shall forfeit ali payments Of principal apl interest
made such purchase, and all right and title, legal
and equitable, OF any kind Whatsoever, In and to all
and every part Of said LANDS which snail not have
bean before the date Of such forditnre earned and
patented pursuant to the proyi.ions OF this treaty
And whenever any patent shall issue to said rail-
road company for any part Of ssId lands It shall con-
the land described in such patent, except much
shall be necessary for the working Of the road with
In i've Je1lfs from the issuing Of such patent
And said company shall have the perpetual right
Of way over the lands Of the PottaWatsmes not sod
to it for the construction and operation Of said rail-
road not exeeeiling hundred feet in width, and
the right to enter said lands and take aud such
gTRYel Stone earth, other material except
timber as may be necessary fr the Construction and
operation Of sid rUd making compensation Tor any
damages 70 Improvements dOnein Obta ming such ma
terial and from any damages arising from the loea-
before the road is located Such damages and COIN
pensaton, in cases where aad company and the per-
sons whose impr1Ye ememeutB Injured or property
taken cannot agree, to DO Rscsrtained and ndtusted
under the direction OF the Commissioners OF Indian
Afairs Aud IN else said company Ehall not prompt
IL, pay the amount Of such damages and oompensa-
tibn the Secretary % the Interior may withhold pat
ehis1Or any p2rtot the laElds pure by them nm
with az per cent interest thsrooh ff6n th5 date
when the SAME shall hays been ascsrtained and de
naAndsd. - - 70. - (. ,-si
And 10 case said company shall not pnrshass sail
sSrrpius lhudR, OF, having pnrehAsed alalI toFfit