Said Treaty also provided in its 6th Article, that if they refused to accept these provisions made for their benefit, and to remove upon the land set apart for them, on the west side of Fox River within three years then the President was requested to direct their immediate removal from the Menomonee Country. In a Supplemental amendment to this treaty, the President was empowered to prescribe the time for removal and settlement of the New York

Indians, and if they refused to accept said provisions, or having agreed, should neglect or refuse to remove from New York and settle on said lands within the time prescribed by the President, then the said lands ceded or reserved for the New York Indians was altered by ratification 200,000 acres of the 500,000 acres added to the South Western portion and diminished from the North Eastern portion. Said 200,000 acres being set apart for the use of the Six Nations of the New York Indians, and the St. Regis tribe. This boundary was objected to by the Menomonee treaty of October 27, 1832 (7 Stats. P. 407)

By the 1st Article of the treaty of February 3, 1838 (7 Stats. p. 566) certain bands of the Oneidas ceded to the United States, all their interest in the foregoing tracts of land reserving in the 2nd Article a tract of land containing one hundred (100 acres for each individual, and the lines of which shall be so run as to include all their settlements and improvements in the Viciity of Green Bay.

On the 20th of October, 1838 Henry S. Baird was appointed a commissioner to carry into effect certain provisions of the last treaty and to take a census of the bands with a view to the definite location and survey of the lands reserved.

On the 2nd of January following, the Governor of Wisconsin forwarded the report of Commissioner Baird, including the census of the several bands of Indians,

Viz:
1st Christian Party
Men 115, Women 112, Children 221 = 448

Orchard Party

Men 53, Women 52, Children 101 = 206

By the terms of the treaty then bands consisting of 654 persons at 100 acres each, were entitled to a reservation for themselves of 65,400 acres. In accordance with this census and said treaty a reservation was made and definitely located by Metes and bounds, containing by actual survey 65,540 acres which known as the "Oneida Indian Reservation" in Wisconsin, showing an excess of only 110 acres of land, above the quantity due in equity to said individual Indians named in said census, or their descendants.

By the 1st Article of the Treaty of January 15, 1838 with the New York Indians including certain other bands of the Oneidas not parties to the treaty of February 3, 1838 residing in New York as well as at Green Bay relinquished their right

to certain lands therein named at Green Bay, Wisconsin,
secured to them by the Menomonee treaty of 1831 to which
said Indians gave their assent October 17, 1932 and in
consideration of such relinquishment the United States by
the 2nd Article, agreed to set apart other lands therein
described West of the Missouri for their permanent home.
By the 3rd Article it was stipulated that such of the
tribes as should not accept and agree to remove to the
country, set apart for their new homes within five years
or such other time as the President may from time to time
appoint, forfeited all interest in the lands so set apart,
to the United States. By the 13th Article Special provisions
was made for the Oneidas residing in the State of New York,
and they were to remove to their New homes in the "Indian
Territory" as soon as satisfactory arrangement could be made
with the Governor of the State of New York for the purchase
of their lands in Oneida Before the expiration of the five
years within which the Indians were to remove difficulties
arose between the Indians and Ogden and Fellows, which
resulted in subsequent treaty stipulations and agreements
whereby the Indians concluded to remain in New York on
32 Indians having been declared by the department to have
accepted the terms of the treaty of 1838, and entitled
to their respective 320 acres of land as provided in said
treaty from the foregoing it will be seen their is now no
portion of the tract of country west of the State of Missouri
designated in the treaty as "Indian Territory" to which the
Indians were to remove, subject to Indian settlement, the
same having reverted to the United States has been disposed
of as a part of the public domain and the Oneida reserve
in Wisconsin, being lands dedicated to the use of the 654
members of the tribe as enumerated in the census of Commissioner
Baird or their descendants, these "Homeless" Oneidas have no
claims to lands within this reserve unless they have been
adopted into the tribe according to their tribal laws and
customs. If this has not been done, I would suggest that the
Oneida tribe adopt these "Homeless Oneidas into full member-
ship and thereby carry out in good faith the invitation of
the Chiefs to come and settle among them.

If this be refused or is impracticable, the next best
thing for these people to do, is to return to their former
homes in New York, provided they have not disposed of their
lands under the act of the Legislature of the State of New
York of April 13, 1843. Chap. 185 which provided that any
Oneida Indian owning lands, may sell the same to any person
upon terms to be approved by a Superintendent and a majority
of the Chiefs, no steps for the relief of these Indians
other than those above suggested can be taken without con-
gressional action.

Very respectfully,
H. Price

Commissioner