111a
0$32)385&+$6()520 25&+$5'3$57< Case 5:17-cv-01035-GTS-ATB Document 1-3 Filed 09/18/17 Page 1 of 1 Map of State Transactions United Stares Disuict Coun. Nonhem Distric1 of New York lk<>aicidl.W..S....£~l·ar:t. Tro..llTritcvla..mot•-~lhca.ada.t:6c-n-a..Pllllilllldk ada l--=dSiasal A.micnc1. s.e,.-·yn Brc:6i:r--. ~~ ~ i..e,!;end DcS:aau.CSe,.-Y«k,C:-.--ol~Scw- ·fin.-.~.Co.e.da..Se."l".t..D:fmdaal'· • OdlA.a:ia:~ -tr - ~· ~ ~aCTffS!'ell-U.
~:--... □ -a.. ~~· ... ~ rn:!J •·-15.119> Qa:a- ... s:.,~dictffeb l- ~ ROME .. --= 1111.2-Jlatl.l'.'951•...,.,_CO'IUf.sca_..•14 1111l-Aakdrllcm:::r"~cl6eC-=-l-5-.,Afd~I~ O N EIDA LAKE 1111.t - Mardi .i, lstC..-.1 ,._. .... IKC. ,. :5-~vlMmdr.21.UQS.~bc:c--=a,-ues ...... _ t, •• • • [liJ] 6 - -... U. l!lr . : .. •. . . , , r,•. [ZJ '.'.1-Fdrmryl6.l!Ot. - •...... ,, 1.11;m 11119-TD:S}·.CJ.brta.l.lllO. - ,.,_.._,.,_..IBJ_,...... ,.., __ l:?::J. 1111 10-Fdimayn.un.
- II-Jaly.11!111.0ily~lac-ama---clamarmm.,.,.,_ 1111l.2->,&adl.181.S 1111Pmmaftkaalm::l:a[l.3]_.~.,_•~ ~ lJ.)odi,!j'_ 181"".. (E] 14 -Aapa~ IC.t. -- 15-Fdrr.wy J.I Ci.. 112a 16-~21!!:. IJ-Fd:nmyB.tm. IS-Oalh:rS. IC9adlcaa-ol~?. IDJ 19-Apll. lDl.. :,,.-,.:,o_m, ~ 11-F-cmmy::.s.w: . -[][I !! - .bx 1'. 18-111. -13-)lardiJ., 18-IL !ii!iJ IE ::.s. Mardi ll. II-Cl. ~ 25->la'.,' !l.. lM:?.. •l .(f".,. ac,S«:,al:OinsQa Pam:s\. :'15-~ :3. JM!.C:!.f()rdard~-,. {a.r:..10...,~-- ..... ,
• ' ■ .a._.. ~ Wlil T'l-.bw:!5-.IS-C. MAP OF THE ONEIDA LAND SALES LAND THE ONEIDA OF MAP r __, [El :I - fdraary 25..1.J.&6. [IE] 29-Jloosa.'\"lDdcl..-n:,___1':'916-l'SJl.iYa,ila.Saa.,-_,T-. Isl 30- \"an:.La:aers,__o.c.!a .... hmi&.---- 1
r"-.,..__ Scd!-J.-='•4l;'5..-Jes
_.,,... _"'.....,-•'·"""'- 195a
\._--
~- ----r I' \ ... ,I 199a
jl TIIT.LANX "M-l••T }•onM 683½ N. Y. Di-:ED-WARRANT\" Wilh l.i1•11 ..HCD ,... • · ,. ... , c,,.,- , C._ Cuvtn11nt Tlo'T'Ti.& ~W ,-1,,r,n, ,.l,HM.l-1,IO• ...1~•- •• ou,,
the day of Apri1 .N'ineteelL Hundred and Seventy-fo11r iltllllftll MARTHA M. TALL, RESIDING at 4693 Marb1e Road, Uneida, New York
party of the /1,rst part, a1id MELVIN L, l'I-IILLIPS, residing at Marble Hill Road, RD 2, Oneida, New York
part y of the second part, D!Unr1111rt~ that the part y of the first part, in considcrat.ion of * * if ➔> if ➔ > .,. * * * * ONE * * * * * * * * * * * * * * * * Dollar ($ l, 00 ) lawf1il money of the United States, and other va1uable consideration paid by the part y o/ the second part, do es hereby /rant and release unto t.lte part y o/ the second part, h·is heirs and assitns forever, and at the southwest corner of property currently own~d by the second party, MELVIN L. PHILLIPS; thence north (55•) E. (234,09) feet to an iron pipe; thence south (45•) E. ( 208. 71) t:eet to an iron pipu; thence south (55•) I .' , (234,09) feet to the center of )larblc Hil1 Road; thence north (45•) I:'. (208.71) feet to the point of beginning. The above described ·property.. consists of one acre of. land and is bounded north by MELVIN PHILLIPS; cast and south by MARTHA M. TALL and west by Marble Hill Road. The intention is to conve_;y hereby part of the property acquired by HENRY L. TALL, deceased, and MARTHA M. 'l'ALL, his wii"e, by a dead from ELIZABETH A. \·!QOI> dated February l, 195S and recordecJ February 2, 195S in the Onei,da County Clerk's Office in Dook 1463 or Deeds at Page 593, This conveyance is made subject to covenants, easements, and restrictions of record, J..18E~~2t~f AGE t t• { , Im APR 30 Alt 9: 13 ·· · . CS ,~- s·[Alt: Of * -~f,; NEW ':'C!!K * ..r:_ ,.•. l /f~ /4~ • AP ::OL65: ilYc:::1::- .. ____:. C~VIH'( _CLERK c:> &> finonsc ,.,. ,o,n * 232a DEFENDANT EXHIBIT 1: TREATY OF BUFFALO CREEK 502 TREATY WlTH THE NEW YORK INDIANS, 1838. a.mount of ten thousand dollars, to be advanced by the Treasury, and to be refunded out of the first proceeds of their lands. But no further annuity, nor in any higher amounts, shall be paid to them, by virtue of the treaty aforesaid; until the same shall be furniilhed by the interest of the proceeds of their lands, veste~ in conformity with the pro ,·isions of the third article of said treaty. m~~~ig:. ~r.,~!f.;- ARTICLE 5th. Several of the chiefs entitled to payments by schedule chtets. A, affixed to the treaty aforesaid, havin~ died within the year, it is agreed, that the proportion of the funa, to which they would have been entitled, may he redivided in such manner as the .President may dil-ect. 1 rti'ii~ ~ei!m,!'...~~ 0 ARTICLE 6th. No act of Congress sha.11 confer upon any citizen, or et.c. • other person, the right of pre-emftion to any lands ceded to the United States by the treaty of the 14th o ,Janua1·y 1837, herein above referred to. Nor shall any construction be put upon any existing law i respect ing the public lands, granting this riglit t-0 any lands cedea by said treaty. 01~"fPt;: 0i;.e0~:e ARTICLE 7th. The United States will pay the expenses of this nego tiations. tiation, together with the unpaid expenses of the prior negotiations, with said tribe, of the 24th of May 1836, and of the 14th of January 1837. In testimony whereof, the commissioner above named, and the chiefs and headmen of said tribe, have hereunto affixed their si.gnatures at the time and -place above recited, and of the independence of the United ?tat.es the sixty-second year. Henry R. Schoolcraft, Commissioner. Ogisna Kegido, (The Chief Speaker}, 1st Musbkoo~a, (The Meadow Spar chjef of the tribe. row, or ""Feather in the Meadow or Tondagonee, (A dogl'ILl.llpa.ntor furious.) Plain.) Mukkukoosh, (The Broken Chest, Keg, Acqueweezail!, (The Expert Boy, i. e. or Box.) wickedly expert.) Ogimaus, (The Little Chief, or chief of Kaugay~zhig, (The Everlasting ~kX:} subordinate authority.) Wasao, {TheBn_ghtLight, or light tailing Ottawa.us, ( The Little Ottawa.) on a distant object.) Peetwaweetam, (The Coming Voire.) Signed in presence of Jno. Garland, Major, U.S. Anny. AlbertJ. Smith. Henry Connor, sub-agent. Robt. J. S. Page. T. B. W. Stockton. Wait Beach. G. D. Williams, commission of internal Rev. Luther D. Whitney. improvements, South Michigan. T. R. Cumings. Jonathan Beach. Cb81l. C. Rascall, Teeeiver of public moneys. (To tbe Indian names a.re subjoined marks.. ) TREATY WITH THE NEW YORX DrnIAlfS, 1838. Jan. 15• IS3l!. Artides of a treaty mai1e and C Preamble. WHEREAS, the six nations of New York Indiana not long after the close of the war of the Revolution, became convinced from the rapid increase of the white settlements around, that the time was not far dis tant when their true interest must lead them to seek a new home among 233a TREATY W CTB TBE Nl!: W YORK INDIANS, 1838. ·603 their red brethren io the West: And whereas this subject; was agitated in a general council o.f the Six nations as early as 1810, and resulted in :;ending a memorial to the President of the United States, inquiring ,vhetht>r the Govrrnment would consent to their leaving their habita tions and their removing into the neighborhood of their western breth ren, and if they could procure a home there, by ~ift or purchase, whether the Government would acknowledge their title to the lands so obtained in the 81\me manner it had acknowledged it in those from whom they might recei\'e it ; and further, whether the existing treaties would, in such a case remain in full forj::e, and their annuities be paid as here tofore: And wherelUI, wit,h the approbation of the President of the United States, -purchases were made by the New York Indians from the Menomonie and Winnebago Indians of certain lands at Gl'een Bay in the Territory of Wisconsin, which after much difficulty and conten tion with those Indians concerning the extent of that purchase, the whole subject was finally settled by a treaty between the United States and the :Menomonie Indians, concluded in February, 1831, to which the New York Indians gave their a&!ent on the seventeenth day of Octo ber 1832: And wherea8, by the provisions of that treaty.., five hundred thousand acres of land are secured to the New York 1nuians of the Six Nations and the St. Regis tribe, as a future home, on condition that they all remove to the same, within three years, or such reason able time as the President should prescribe: And whereas, the Presi dent is satisfied that various considerations have prevented those still residing in New York from removing to Green Bay, and among other reasons, that many who were in favour of emigration, preferred -to remove at onre to the Indian territory, which they were fully per suaded was the only permanent and peaceful home for all the Indians. And they therefore applied to the President to take their Green Bay lands, and provide them a new home among their brethren in the Indian terntory. And whereas, the President being anxious to pro mote the peace, prosperity and happiness of bis red children, and being determined to carry out the humane policy of the Government in removing the Ind-ians from the ea:,t to the west of the Mississippi, within the Indian territory, by bringing them to see and feel, by bis justice and liberality. that it is their true policy and for their int.crest to do so without delay. The.reforei taking into c.onsideration the foregoing premises, the fol lowing artfo es of a treaty are entered into between the United States of America and the several tribes of the New York Indians, the names of whose chiefs, head men and warriors are hereto subscribed, and those who may herea.fter give their assent to this treaty in writing, within such time as the President shall appoint. G'ENERAL PROVISlONS, ARTICLE 1. The several tribes of New York mdfans, the names of th~td.~bt l;\%~ who,ie chiefs, head men, warriors and representatives are hereunto oreea ti.y. annexed, in consideration of the premises above recited, and the C 504 TREATY W ITH THE· NEW YORK INDI.ANH, 1838. Uni~ sr~ r1 ARTICLE 2. In consideration of the above cession and relinquish· ~ians.. er an or ment, on the part of the tribes of the New York Indians, and in order to manifest the deep interest of the United States in the future peace and prosperity of the New York Indians, the United States agree to set apart the followtng tract of country, situated directly west of the State of Missouri, as a permanent home for all the New York Indians, now residing in the State of New York, or in Wisconsin, or elsewhere in the United States, who have no permanent homes, whioh said coun· try is described as follows, to wit: Beginning on the west line of the State of Missouri, at the northeast corner of the Cherokee tract, and running thence north along the west line of the State of Mis.souri twenty-seven n1iles to the southerly line of the Miami lands; thence west so far as shall be necessary, by running a line at right angles, and parallel to the west line aforesaid, to the Osage.lands, and thence easterly along the Osage and Cherokee lands to the place of beginning to inplude one million eight hundred a.nd twenty-four thousand acres of land, being three hundred and twenty acres for each soul of sa.id Indians as their numbers are at present computed. To have anu to hold the same in fee simple to the said tribes or nations of Indians, by pa.tent from the President of the United States, iS<>'Ued in conformity 1830. eb. 14&. with t,he provisions of the third section of the act, entitled "An act to provide for an exchange of lands, with the Indians residing in any of the States or Territories, and for their removal west of the Mississippi," approved on the 28th day of May, 1830, with full power and authority in the said Indians to divide said lands among the different tribes, nations; 01· bands, in severalty, with the right to sell and convey to and :horn each other, under such laws and regulations as may be ·adopted by the re;.-pective tribes, acting by themselves, or by a general council of the said New York Indians, acting for all the tribes collect ively. It is understood and agreed that the above described country is intended as a future borne for the following tribes, to wit: The Senecas, Onondagas, Cayugas, Tuscaroras, Oneidas, St. Reg_is, Stoc)c brirlges, Mun.sees, and Brothertowns residing in the State of New York, and the same is to be divided equally among them, according to their respective numbers, as mentioned in a schedule here1mto annexed . •~::!~,.~? ..~~ ARTICLE 3. It is further agreed that such of the tribes of the New ~ f.:i11!n~ 10 TREATY WITH THE NEW YORK INDIA.NB, 1838. 505 A.Rn:cLE 6. It is further ag1·eed that the United State~ _will pay to b/;,Jftle,. whereto those who remove west, at their new homesi all such annuities, as shall properly helong to them. The schedules J:iereunto annexed shall t:e deemed and taken as a part of this ti·eaty. . ARTICLE 7. It is ex-pressly understood and agreed, that this treaty Treaty binding must he approved by the President and ratified and confirmed by tbe whenro.Ufted. Senate of the United titates, before it shall be binding upon the parties to it. It is further expressly understood and agreed thatthe rei.ection, by the President and Senate, of the provisions thereof, applica. ble to o.ne tribe, 01· distinct branch of a tribe, shall not be construed to invalidate as to others, but as to them it shall be binding, and remain in full force and effect. .Al:TICL.i,; 8. It is stipu!ated and agr~ed _that th~ accounts O! th?Com- oo~i~l~o~~ts ~\~~~ m1ss10ner, and expensei! tncurred by him 1n holdmg a counotl with the how 1o be wii. New York Indians, and concluding treaties at Green Bay and Duck Creek, in Wisconsin, and in the State of New York, in 1836, and those for the exploring party of the New York Indians, in 1837, and also the expense;; of the present treaty, shall be allowed and settled accord- ing to former precedents. SPECIAL l'lt0Vl$10NS FOJ:t TRE ST. REGIS. 1 ARTICLE 9. It is a~reed with the American party of the St. Regis In~~e~~"'1t0fri~ Indians, that the United States will pay to the said tribe, on their mova1. removal west, or at. such time as the President shall appoint, the sum of five thousand dollars, as a remuneration for monies [aid out by the said tribe, and for services rendered by their chiefs and agents in secur- ing the title to the Green Bay lands, and in removal to the same, the Sil.me to be a.portioned out to the several claimants by the chiefs of the said party and a United States' Commissioner, as may be deemed by them equitable and just. It is further agreed, .that the following res- ervation of land shall be made to the Rev. Eleazor Williams, of said tribe, which he claims in his own right, and in that of his wife, which he is to hold in fee simrle, by patent from the President, with full power and.authority to sel and di~ose of the same., to wit: beginning at a point in the west bank of Fox River thirteen chains above the old milldam at the rapids of the Little Kockalin; thence north fif.ty-two degrees and thirty minutes west, two hundred and forty chains; thence north thirty-seven degrees and thirty minutes east, two hundred chains, thence south fifty-two degrees and thirty minutes east, two hundred and forty chains to the bank of Fox river; thence up along the bank of Fox river to the place of beginning. SPECIAL PROVISIONS FOR THE SENECAS. nd set ARTICLE 10. It is -..A.a-reed with the Senecas' that they shall he.ve• for• theLa Seneca,. apart Cayuga, lor themselves and their friends, the Cayagas and Onondagas, residing and Onondap. among them, the easterly part of the ti-act set apart for tl:ie New Ym·k · .Indians, and to extend so far west, as to include one half-section (three hundred and twenty acres) of land for each soul of the Senecas, Cayu- gas and .Onandagas, residmg among them; ancl. if, on removing west, tbey find there is not sufficient timber on this tract for their use, then the President shall add thereto timber land sufficient for their accom- modation, and they agree to remove; to remove from the State of . New York to their new homes within five years, and to continue to se~~•,b ~t~::iu~ , reside there. And whe1·eas at the making of this t1·eaty, Thomas L. if~~edtos~ ~(! 10 Ogden and Joseph Fellows the assiinees of the State of Massachusetts1 .., have purchased of the Seneca nation of fodians, in the presence anct with the approbation of th~ United 8tates Commissioner, appointed 236a 506 TREATY WITH THE NEW YORK INDIANS, 1838. by the United Stat.es to hold said treaty, or convention, all the right, title, interest, 11nd claim of the said Seneca nation, to certain lands, by a deed of conveyance a duplicate of which is hereunto annexed; and whereas the con~ideration money mentioned in said deed, amounting to two hundred and two thousand dolhm;, belongs to the Seneca nation, and the said nation agrees that the said sum of money shall be paid to the United States, and the United States agree to receive the same, to be disposed of 118 follows: the sum of one hundred thousand dollars is to he invested by the .President of the United ~tates in safe stocks, for their use, the income of which is to be paid to them at their new homes, annoally1 and the balance, being the sum of one - hundred and two thousand dollars, is to be paid to the owners of the improvements on the lands so deeded, a.ecording to an appraisement of said improvements and a dist-ribution and award of said sum of money among the owners of said im p1·ovements, to be made by apprais ers, hereaft;er to be appointed by the Seneca nation, in the presence of a. United States Commissioner, hereafter to be appointed to be paid by the Unit;ed States ~ the individuals who are entitled to the same, according to said apprisal and award, on their severally relinquishing their respective possessions to the said Ogden and Fellows. SPECIAL PROVISIONS FOR THE CAYUGAS, ed~i:&:~~~ ~RTICLE ~1. The U.nited States will set apart for the Cayuga.a, on their removing to their new homes at the west, two thousand dollars and will invest the same in some safe stocks, the income of which shali be paid them annually, at their new home:;;. The United States farther agree to pay to the said nation, on their removal west, two thousand five. hundred dollars, to.he disposed as the chiefil sha]l deem just and equitable. · 8PECL\L PROVISIONS FOR TRE ONONDAGAS RESIDING ON THE SENECA RESERVATIONS. Investmtint tor the Onondagas, etc. ARTICLE 12. The tJnited States agree to set apart for the Ononda gas, residing on the Seneca reservations, two thousand five hundred dollars, on their removing west, and to invest the same in safe stocks, the income of which sball be paid to them annually at their new homes. And the Unitecl States further agree to pay to the said Onondagas, on their removal to their new homes in the west, two thousand dollars, to be disposed of as the chiefs shall deem equitable and just. SPEOLAL PROVISIONS FOR THE ONEIDAS RESIDING IN THE STATE OF NEW YORK. - Paymeft to cer{"tn ARTICLE 13. The United States will pay the sum of four thousand ~n• or ..n """• dollars, to be J>aid to Baptista Powlis, and the chiefs of the fil'st Chris tian party residing at Oneida, and the sum of two thousand doJlars shall be paid to William Day, and the chiefs of the Orchard party residing there, for expenses incurred and services rendered in securing the Green Bay country, Jrnd the settlement of a portion thereof; and they hereby agree to remove to' their new homes m the Indian territory, 88 soon as tliey ran make satisfaet01·y nfrangements with the Governor of tho State of New York for the purchase of their lands at Oneida. SPl!lOIAL PROVISlONS FOR TIIE TOSCAROB.AS. ,.,;;;:,-;:~~v:';:~ ARTI0LE 14.. The Tusel!-rora. n~tion agree to accept the CO';Wt_ry set etc_ apart for them 111 the Indian territory, and to remove there w1th1n five years, aud continue to reside there. It is furthe1· agreed that the Tus• 237a TREATY WITH THE NEW YOBK JNJ)IANS, 1838. 507 caroras sball oave their lanilii in the fodian country, at the forks of tbe Nea.~ha. rivr,r, which shall be so laid otf a.'! to secure a sufficient quantity of tirnher for the accommodation of the nation. But jf on examina tion they are not satisfied with this location, they are to have their hrncls at su('b ~hu:e as the President of the United States shall designate. The United States will pay to tbe Tuscarora nation, on their settling at l,be \\'est, three thousand dollai-s, to be disposed of M the chiefs shall deelll most ~1itable and just. Whereas the said nation owns, in fee ,._...,.,.. ooo•er ---...I cenalolandtot:nllt'd -,;imp· I e, fi vr. t ouaJU .... acres ot · Ia ne held in trust for them, and they authorize the President to sell and con\·ey the same, and the money which shall be recfjived for the said lands, exclusive of the improvements, the President shall invest in safe stoek8 for their bcntifit, the income from which· shall be paid to the nation, at their new homea, annually; and the money which shall be received for improvements on said lands shall be paid to the owners of the impro,·ements when the lands are wld. The President shall cause Proeee& 0 1,..!f.-i the i,aid lands to be !lurveyed, and the improvement.'! shall be appruised ~roJ;!'::!':.~:ib.,..<>f. by s11d1 persons as the nation shall appoint; and said lands shall abo be appraised, and shall not be sold at a Jes:,i price than the apprai,,al, without the consent of James Cusick, William Mouotple8!,Snt and William Chew, or the survivor,_or survivors of them; and the expenses incurred by the C nited States in relation to this trui!t are to be deducted from the moneys received before investment. And whereas, at the making of this treaty, Thomas L. Ogden and Joseph Fellows, the assignees of the State of Massachusetts, have pur chased of the Tus(,-arora nation of Indians, in the presence and with the approbation of the commissioner appointed on the part of the G nited State~ to hold said treaty or convention, all the right, title, interest, and claim of the Tuscarora nation to certain lands, by a deed of con vey11.11ce, n duplicate of which is hereunto aocexed: And whereas, the consideration money for said lands has been secured to the said nation to theil· satisfaction; by Thomas L. Ogden and Joseph Fellows; there fore the t rnited States herebv assent to the said sale and coovevance and sanction the same. • ~ ARTICLE 15. The United States hereby agree that they will appro- 10~~~~!';:~~•~ priate the suru of four hundred thousand dollars, to be applied from dian,,. ho•. time to time, under the direction of the President of the United States, in such proportions, as may be most for the intere<>t of the said Indians, parties to this treatv, for the following purposes, to wit: To aid them 10 removing to thefr homes, and supporting ·themseh·es the first year after their removal; to encourage and assist them in education, and in being taught to cultivate their lands; in erecting mills and other neces- sary -hom;;es; in purcb~ing domestic animals, and farming utensils and acquiring a knowledge of the mechanic art~. In testimony whereof, the commissioner and the chiefs, head men, and people, whose names are hereto annexed, being duly authorized, have hereunto set their hands, and affixed their respective ~als. at the time 11nd place above mentioned. R- H. Gillet.. L'.ommissioner. Sene<:35: Ha.w-naw-wah•ee, or Le\·i Halftow1>, Dao-nepho-gah, ur Little J ohnson, Goat-bau-oh, or Bilh- Shank.!. Da-ga-o-gea.~. or Daniel TwOl(UU3, H11u-sa-nea-nes, or ,\'hite Seneca, Ge.e-odow-ueh, or Cap!Alri Pollard, Howah_-do-goh-deh. or Ge 508 TREATY WITH TH,E NEW YORK INDIANS1 1838. <.iaw•rieh•do·au•ok, or Reuben Pierce, Onei.daa residing in the State of New• Shaw-go.nes•goh•sha•oh, or M:01Tie Half· York, for themselveg and their parties: town, · Baptiste Powlis, Sb&w-go-za•sot-hob 8oJIEDULE A. cen""" ot the New C&.'(SUS oF THE Naw YoB.K lNDlANB AS TAKEN IN 1837. York lndlano. Xumber res-iding on the. Seneca raervations. &~:::=~===: ==: == =:: == ==: ======:======·==: ==: ====:======2, m 2;633 Onondagas, at Onon~.. .. _-_ .••..•..•.••.... ~- ...•.•..•.••••.•••.: ...•••• 300 ·Tuscaroras ...... ••..•...... •..••• 273 St. Regie, in New York•••••••• , •••••••••••••••••••••••••••••••••••••••••• 350 600 8~:t~:::: i::-V~:L:: :::::: ::·:: :: ::: ::·:: :: : :: ::: :: : : : : :: :::::: :: :: : : 620 8toc\bridgei1 ...... •..•...... •...... •..•..••. , .•.•.. . 217 M anaees . •••...... •..••.•.....•..•.•...• • •. • .•.• -. • • • • • • • • • • • • • • • • • • • • • • • 132 Brotbert.owna ...... •...... •....•.....•..•• ...... 360 The above was made before tb-e execution of the treaty. R.H. Gillet, Commissioner. 239a TREATY WITH THE NEW YORK INDIANH, 1838. 509 SOFIEDULE B. . The following is the disposition agreed to be made of the sum of 53~:!.ond:J ~h• three thousand aol11us pro'cided in this treaty -for the Tuscaroras, by Tti.carora9 .,by tou~~ 1 th the chiefs, and assented to by the commissioner, and is to form a. part !::!'~~ llrtlele " '" of the treaty: - To ,Jonathan Printess, ninety-three dollars. To William Chew, one hundred ancl fifteen dollars. To John Patterson, forty-six dollars. To William Mountpleasant, one hundred and seventy-one dolls.rs. To James Cusick, one hundred a.nd twenty-five dollars. To David Peter, fifty dollars. · The rest and residue thereof is to be paid to the nation. The above was agreed to before the execution of the treaty. R.H. Gillet, Commissioner. . 8cHEDULE 0. Schedule applicable to the Onondagas and Cayugas residin1; on the '4~'""rnfJ'ed0/ 1t• Seneca reservations. lt is agreed that the following disposit10n ~hall onond':;.:-S arid g~~-,i be made of the amount set apart t,o be divided by the. chiefs of those g._._ nations, in the preceding parts of this treaty, any thing therein to the contrary· notwithstanding. To William King, one thousand five hundred dollars. Joseph Isaacs, seven hundred dollars. Jack Wheelbarrow, th1ee hundred dollars. Silversmith, one thousand dollars. William Jacket, five hundred dollars. ·Buton George, five hundred dollara. The above was agreed to before the treaty was finally executed, R. H. Gillet, Commissioner. At n ti eaty held under the authority ~f the United States of A trier- Jan.15, l$38. ica, at Buffalo Creek in the C'ounty of Erie, and State of New York, Jn relation1 to the hetween the chiefs and head men of the Seneca nation of lndians, duly ;.1.:'~ f.:'~'i,/l;~; as1;emJ-iled in council, and representing and acting for the said nation, l:n!!J":'f,.11;!.~::;.~ on the one ~art, and Thomas Ludlow Ogden of the city of New York <;le. and ,Joseph Fellows of Geneva, in the county of Ontario, on the other part, concerning the purchase of the right and claim of tbesaid Indiaus 1n and to the lands within the State of New York ren1ainiog in their occupation: Ransom H. Gillet, Esquire, a. commissioner appointed by the President. of the United States to attend and hold the said treaty, and also Josiah Trowbridge, Esquire, the superintendent on behalf of the Commonwealth of Massacbusett.s, being severally present at the said treaty, the said chiefs and bead men, on behalf of the Seneca. nation did agree to sell and release to the said Thomas Ludlow Ogden and Joseph Fellows, and they the said Thomas Ludlow Ogden and ,Joseph Fellows did agi:ee to purchase all the 1·ight, title and claim of. the said Seneca nation of, in and to the several tracts, pieces, o-,: par- cels of land mentioQed, and described in the instrument of writing next hereinafter set forth, l:Uld at the price or sum therein specified, as the _consideration, or purchase money for such sale and r_elease; which instrument being read and explained to the said parties and n:iutually ag_reed to, was signed _and sealed by the said contracting par- ties, and ls-10 the WOl'ds followmg: This indenture, wade this fifteenth day of January in the year of our a.n~~~deedoCcon.-cr Lord one, thousand eight hundred and thirty-eight, between the C\hiefs and· ht\ad men of the Senet>a nation of Indians, duly assembled in coun- cil, and acting for and on behalf of the said Se.neca nation, of the first 240a 510 TREATY WITH TllB nw YOB.K INDIANS, 1838. part. and Thom~ Ludlow Ogden, of the city of New York, and ,Jose{>h Fellows of Geneva, in the county of Ontario. of the second pa.rt w1t nesseth: That the said chiefs and head men of the Seneca nation of lndiam1, in consideration of the '!UDl of two hundred and two thousand dolla~ to them in hand pa.id by the said Thomas Ludlow Ogd.Pn and Joseph Fellows, the receipt whereof is hereby acknowledged, have granted, bargained, sold, released and confirmed, and by these presents do grant_ hargain, sell, release and confirm unto the said Thomas Lud low Ogden and Jmeph Fellows, and to their heirs and assigns, all that certain tract, or pa.reel of land situate, lying and being in the county of Erie and State of New York commonly called and known by the name of Buffalo Creek reservation, containing, by estimation forty-niue thousand nine hundred and twentv acres be the contents thereof more or less. Also, all that certain otlier tract, or pa.reel of land, situate, lying and being in the counties of Erie, Cbatauque, and Cattaraugus in said State commonl,r called and known by the name of Cattaraugul' re.">ervation, containing by estimation twenty-one thousand six hundred and eighty acres, be the contents thereof more or le.'!s. Also, all that certain other tract, or parcel of land, situate, lying and being in the said county of Cattaraugus, in said State, commonly called and known by the name of tbeAllegany reservation, containing by estimation thirty thousand .four hundred and sixty-nine acres, be the contents more or less. And also, all that certain other tract or parcel of land, situate, lying and _being partly in said county of Erie and partly in the county of Genesee, m said State, commonly <'lllled and known by the name of the Tonawando reservation, and containing by estimation twelve thowand, eight hundred acres, be the same more or less; as the said several tracts of land have been hetetofore reserved and are held and occupied by the ea.id Seneca nation of Indians, or by individuals thereof, together with all and singular the rights, privileges, hereditaments and appurtenancee to each and e\"ery of the said tracts or parcels of land belon~ng or appertaining; and all the estate, right, title, interest, claun. and demand of the said plrty of the first part, and of the said Seneca nation of Indians, of, in, and to the same, and t-0 each and every part aud parcel thereof: to have and to hold all and singulai:: the above described and released premises unto the said Tholil.38 Ludlow Ogden and .Toseph Fellows, their heirs and &88ign~, to their proper use and behoof for ever, as joint tenants, and not as tenants in common. In witness whereof, the parties to these presents have hereunto and t.o three other instruments of the same tenor and date one to remain with the U oited States, one to remain with the State of Massachusetts. one to remain with the Seneca nation of Indians, and one to rrmain with the said Thomas Ludlow Ogden and Joseph Fellows, interchange ably set their handl! and seals the day and year first abo,·e written. Little Johnson, William Johnson, Dacie! Two Gane, Reuben Pierce, Captain Pollard, Morris Halftown, J allle& Steveruion, Jacob Jimeson, Captain Strong, Samuel Gordon, Captain Snow, Tb-om-peon S. Harrie, Blue Eyee, George Jemi60n, Levi Halftown, Nathaniel T. Strong, Billy Shanks, Tall Peter, White Seneca, Tommy Jimmy, Geo~ Bennet, John Tall ChiP.f, John Piel'Ct", George Fox, .John Gordon, Jabez Steven!IOn, Jim Jonas, William Jonee- I have attended a treaty of the Seneca ~ation of 1nclians, beld at Buffalo Creek, in the county of Erie, in the State of Xew York, on the tifteenth day of January in the year of our Lord one thousand eight hundred and thirty-eight. when the within im1trument was d uly 241a TREATY WITH TBE NEW YORK ;rNDIANS, 1838. 611 executed, in my presence, by the chiefs of the Seneca Nation, being fairly and properly understood by them. I do, therefore, certify and approve the same. R. H. Gillet, Commissioner. At a treaty held under and by the authority of the United States of J&n. lh, 1• America, at Buffe.lo Creek, in the county of Erie, and State of New fn 'tl'..u''.; : ;t" York, between the sachems, chiefs 1rnd warriors of the Tuscarora nation ~roru0w1he'stat! of lodians, duly assembled in council 11nd representing and a.cting for ~,.!:i~~'='t.:: the said nation;on the one_part and Thomas Ludlow Ogden of the city teentb&rttele. of New York and Joseph Fellows of Geneva in the county of Ontario, on the other part, concerning the purchase of the right and claim of the said nation of Indians in and to the lands within the State of New York, remaining in their occupation: Ra.nsom· H. Gillet, Esquire, a commissioner apJ>?inted by the President of the U oited State."! to attend and hold the said treaty, and also Josiah Trowbridge, Esquire, the superintendent on behalf of the Commonwealth of Massachm!etts, being severally present at the said treaty, the sa.id sachems, chiefs aod war- riors, on behalf of the said Tuscarora nation, did agree to sell and release to the said Thomas Ludlow Ogden and J oseph Fellows, and they the said Thomas Ludlow Ogden and Joseeh Fellows did a~ree to purchase all the right, title and claim of the said Tuscarora nation of, m and to the tract, piece, or parcel of land mentioned and described in the instrument of writing next hereinafter set forth, and at the price, or sum therein specified, as the consideration or purchilSe money for such sale and refesse; which instrument befog. read and explained to th~ llllid part~es, and :11utuall,r a_greed to, was signe~ and sealed by the as.id contracting parties, and JS m the words followmg: · This indenture, made this fifteenth day of ,Januar-'· in the year of ao~deedotco,m1- our Lord one thoU$and eight hundred and thirty-eight, between the · sachems, chiefs, and warriors of the Tuscarora nation of lndian:.i, duly assembled in council, and acting for and o n behalf of the said Tusca rora nation of the first part, and Thomas Ludlow Ogden of the city of New York, and Joseeh Fellows of Geneva: in the count.r of Ontario, of the second part w1tnesseth: That the said sachems, chiefs and war r iors of the Tu:,carora nation, in consideration of the sum of nine thousand six hundred (iollars, to them in hand paid by the said Thomas Ludlow Ogden and Joseph Fellows, the receipt whereof is hereby acknowledged, have granted, bargained, sold released, and confirmed, and by these presents do grant, bargain, sell, release and confirm to the said Thomas Ludlow Ogden and Joseph Fellows, and to their heirs and assigns, all that tract or parcel of land situate, ly ing and being in the county of Niagal'a and State of New York, commonly called and known by the name of the Tuscarora reservation or Sene~ grant, containing nineteen hundred and twentv acres. be the same more, or les;;i, being the lands in their occupancy~ and not includ. ed in the land com·eyed to them by Henrr Di,arbom, together with all and singular the riihts, the rights, pi-ivi1eges, heradit.amenls, and appurtenances~ the said tract or parcel of land helonging, or appertain in~. and all the est.ate, right, title, inter~t, claim and de~and of tbt: said r.:tY of the · fi~st pp,rt, 11,nd of the said TuS('arora nation of Indians o , m and to the same, and t.o ernry part and parcel thereof: To ban~ and to hold all and singular the abo,·e described and releiL,aed premises unto the said Thomas Ludlow Ogden and Joseph Fellows, and tl1eir heirs and assigns, to their proper use and behoof foT ever. Ii,! joint tenants and not as tenants in common. · · fn wit ne: 612 TREATY WI.TR XHE NEW YORK iNDUNS, 1838. with the United States, one to remain with the State of Massachusetts,· one to remain with the Tuscarora nation of Indians Rnd one to remain with the sa,id Thomas Ludlow Ogden and Joseph Fellows, interchange ably set their hands and seals, tl:ie day and year first above written. Nicholas Cusick, John Patterson; William Chew, Samuel Jacobs, William Mountpleasant, James Anthony, John Fox, Peter Elm, James Cusick, Daniel Peter. Sealed and deliv!)red in presence of- James Stryker. · R. H. Gillet. Charles H. Allen. J. F. Schermerhorn. Nathaniel T. Strong, U. S. it1terpreter. H. B. Potter. Orlando Allen. {To the Indian names are subjoined a mark and seal.) At the abovementioned treaty, held in my presence, as su~erintend ent on the part o.f the Commonwealth of Massachusetts, and this day concluded, the foregoing instrument was agreed to by the contracting parties therein named, and was in my presence executed by them;. and being approved by me, l do hereby certify and declare snch my appro bation thereof. Witness my hand and seal, at Buffalo Creek-, this 15th day of Janu- ary, in the year 1838. - · . . J. '-frowbridge, Superintendent. I have attended a. treaty of the Tuscarora nation of Indians, held at Buffalo Creek, in the county of Erie in the State of New York, on the fifteenth day of January in the year of our Lord one thousand eight hundred and thirty-eight, when the within instrument was dulyexeeuted in my presence, bythe sachems, chiefs, and warriors of the said nation, being fairly and properly understood and transacted by all the parties of Indians concerned and dec1ared to be done to their foll satisfaction. I do therefore certify and approve the same. R. H. Gillet, Commissioner._ Feb. 1s, 1838. Suppl,em,en,tal, article to the · trea!JI corwwiied at B u.ffaw Oreek, in the _1_s_ta-,.-,M- 1-.- - State nfNew York, on the 15th of January 1838, concl'l/,(U(], betioeen RansO'Jr!, H. Gillet, cornmisfl'i 'l'RE.ATY WITH THE NEW Y~RK INDIANS, 1838. 513 the!-11 to_ remove.. The United St.ates will within ~me year after t~e th!;;,~1~ 1!:4'0~~~ea~ ratification of this treaty, pay over to the Amerwan party of said after_ tho ratitlcation lndians one thousand dollars, part of the sum of five thousand dollars oftht• treaty. mentioned in tbe special provisions for the St. Regis Indians, any thing in the article contained to the contrary notwithstanding. Done at the council house at St. Regis, this thirteenth day of Feb r·uary in the year of our Lord one thousand eight hundred and thirty- eight. Witness our hands and .seals. · R. H. Gillet, Commissioner. Lover-taie-enve, Tier-sgane,-kor-hapse-e, Louis-taio-rorio-te, Ennios-anas-ota-ka, Michael Gaveault, Louis-te-ganota-to-ro, Lose-wri-sosa.ne, Wise-atia,-taronne, Louis-tioonsate, Tomas-outa-gosa, J ok-ta-nen-shi-sa, Sose-te•gaomBBhke, b'rmoise-gana-saien-to, Louis-orisake-wha, Tomos-tataste, $osatis-atis-tsiaks, Tier-te-gonotas-en, Tier-anasaken•rat, Tier-sokoia-ni-saks, Louie-tar-oria-keebon, Sa-satis-otsi-tsia-ta-gen, Jasen -k&rato-on. The foregoing was executed in our presence,- A. K. Willi,ams, Agent on the part of New York for St. Regis Indians. W. 1,. Gray, Interpreter. Owen C. Donnelly. . Say &r,,.e. (To the Indian names are subjoined a mark and !lelll. ) We the undersigned chiefs of the Seneca tribe of New York Indians, residing in the State of New York1 do hereby give our free and volun tary assent to the foregoing treaty as amended by the resolution of the Senate of the United States on the eleventh day of June 1888, and to our contract therewith, the same having been submitted to us by Ran som H. Gillet, o. Commissioner on the part of the United States, and fully and fairlye:x:plained by him, to our said tribe, in council assembled. Dated Buffalo Creek September 28' 1838. Captain Pollard, N. T. Strong, Captain Strong, Thompson S. Hanis, White Seneea, Samuel Gordon, Blue Eyes, Jacob Jimeson, George Bennett, John Go:rdon, Sob Pie:rce, Tall Peter, Tommy Jimmy, Billy Shanks, William Johnson, James Stevenson, Reuben Pierce, Walter Thompson, Morris Halftown, John Bennett, Levi H alftown, John l:leneca, George Big Deer, John General, · Jim Jonas, Major Jack Berry, George Jimeson, :robn Tall Chief, Thoo:,as Jimeson, Jabez Stevenson. George Fox, (To the Indian names are subjoined marks.) The above signatures were freely and voluntarily given after the treaty arid amendments had been fully and fairly explained in open council. R. H. Gillet, Commissioner. Witness: H. A. S. Dearborn, Superintendent of Long John, MassachllSetts, Sky Carrier, James Stryker, U. S, Agent. Charles Grerbeard, Little Jobl:l.80n, John Hutchinson, Samuel Wilson, Charles F. Pierce, J ohn Buck, .John Snow. William Cass, (To the IndiB.n names are subjoineci marks.) 244a H TBEA't'Y WITH THE NEW YORK INDIANA, 1838, These ten chiefs signed in my presence except the la.st John Snow. H . A. S. Dearborn, Superintendent of Massachusetts. Signed in presence of- Nathl. T. Strong, U. S. Interpreter. James Stryker, U. 8. Agent. Geo~ Kenququide, by his attorneys. N. 'f. Strong. White Seneca. The signature of George Kenququide was added by bis attorneys in our presence. R. H. Gillet, James Stryke1·. 18tli January 1889. We the uudersigoed chiefs of the Oneida tribe of New York Indians do hereby give our free and voluntary a.ssent to the foregoing treaty M amended by the i:esolution of the Senate of the United States on the eleventh day of June 1838, the same having beeri submitted to us by Ransom H . G illet, a commi.:3sioner on the ~rtof the United States and fully and fairly explained by him to our said .tribe in council assembled. Dated August 9th ·1838 at the Oneida Council House. Executed io the presence of- Timothy Jenkins. Fil'llt Christian Party: Orchard Party: Baptista Powlil!, Jonathan Jordon, Anthony B~ Knife, Thomas Scaoado, Peter Williams, Henry Jordon, Jacob Powlis, William Day.. Anthony Anthony, Second Christian P&rty: Peter Manin, Abraham Denny, Cornelius Summer, A.dam Thompeon, Isaac Wheelock, Peter Elm, Thomu Doxtater, Lewis Denny, Willilml Hill, Martin Denny.- Baptiste Denny. (To the Indian names are subjoined m&rke. ) The above a.ssent was voluntarily freely and fairly given in my pres- en,::e, after being fully and fairly explained by me. . R. H. Gillet, Commissioner, &c. We the-undersigned sachems chiefs and head men of the Tuscarora nation of Iodians residing in the State of New York, do hereby give our free and voluntary assent to the foregoing treaty as amended by the resolution of the Senate of the United Stat~ on the eleventh day of June 1838~ and to our contract connected therewith, the same having been submitted to us by Ram~om H. Gillet, a commissioner on the part of the United Stat.es, and fully and fairly explained by him to our said tribe in council assembled. Dat.ed August 14th, 1838. Nicholas Cusick, George L Printup, William Chew, James Onsick, William Mountpleaitant, Jonathan Printup, .John Patteraon, Mark Jack, Matthew Jae&, Samuel Jacobs. Executed in presence of J. S. Buckingham, D. Judson Leoeieter B. BuckinghRlD, Orlando Allen. (To the Indian names are subjoined marlre.) 245a TREA.TY WITH THE NEW YORK INDXA.NS, 1838. 515 The 11-hoyA as~nt WIIS freely and voluntarily given after being, fully and fairly explained by me. R. H. Gillet, Commissioner. We the undersigned chiefs and head men of the tribe of Cayuga Indians residing in the State of New York do hereby give ourfree llnd vol untacy assent to the foregoing treaty 118 amended by the resolution of the Senate of the United States on the eleventh da.y of June 1838, the same having been submitted to us by Ransom H . Gillet, a commis sioner on the part of the United States, and fully and fairly explained by him to our said tribe in council assembled. Dated August 30th 1838. Thom&.8 Crow, Ghastly DarkneM, John Crow, Jacob G. Seneca. Executed 'in presence of- Jamee _Young. (To the Indian names a.re subjoined marks.) The above four signatures were freely given in our presence. ' R. H. Gillet, Commissioner. H. ·A. S. Dearborn, Superintendent of MaS88chusetts. We the undersigned sachems, chiefs and head men of the America.n party of the St. Regis lndiam! residing iu the State of New York, do hereby give our free and voluntary assent to the foregoing treaty as amended by the Senate of the United States on the eleventh day of ,Tune 1838, the same having been submitted to us by Ransom H . Gillet a. commissiooer on the part of the United States, and fully and fairly explained by him to our said tribe in council assembled. The St. Regis Indians shall not be compelled to remove under the treaty or amendments. · Dated October 9th, 1888. Lorenn-taie-enne, Sa.-ga-tis-1111i-kgar-a-tha, ~sori-hogane, Siroon-sa-he-reee, Louis-taw-roniate, Resilt-teis-kako, Thoma.,,-talaete Eilniaa-kar-igiio, Saro-eako-ba-g1-tha,1 Sak-t.eior-ak-giaen, Louis-te-ka-nota·ti!'On, Tier-kaien-take-ron, Micha.el Ga.reault, Kor-ari-hata-~o, W. L. Gray, Int. Tomas-te-gaki-gaeen, Louis-tio-on-sat.e, Saro-thar-on-ka-tha, Tier-ana.-6&-ker-rat, Ennia.s-a.nas-ota-ko, Tomas-skaren-to-gane, Wishe-te-ka-nia.-taaoken, Tier-68-ko-eni-saks, Tomaa·tio-nata-kgente, Saro-tsio-her-is~, Wishe-at.en-en-rabet11 Sak-tho-te-ras-en, Tomas-ioha-hiio, . Saro-saion-gel!e, Ennias-kana.-gaien-ton, Louis-onia.-ra.k-ete, Louis-taro-nia-ke-thon, Louis-aion-gahes, Louie-ari-p-ke-wh-, Sak-tha.-nen-ris-hon 1 Sak-t.eio-ri-te-ha, Sa-ga-tie-a.nia-ta,ri-oo, 1..ouie-te-ga,ti-rbon, Louia:sa-k:a-na-tio, Tier•atsi-non-gie-ab. The foregoing assent was signed in our presence. R. H. Gill.et, Commissioner. Witnesses: Jamel! B. Spencer. Heman W. Tucker. A. K. Willia.ms, Agent SL Regis Indian& Frs. Ma.rooux Dictre. (To the In.dian names arP. subjoined marks.) 246a 516 TR:EATY WITH THE CB.IPF'EW.A, 1838. W e the undersigned, chiefs, head men and warriors of the Onondaga tribe of IndiaM residin~ on the Seneca reservations in the Sta:te of New-York, do hereby give our free and voluntary assent to the fore going treaty as amended by the Senate of the United States on the eleventh day of June, 1888, the same having been submitted to us, by Ransom H. Gillet, a commissioner on the J>!l-rt of the United St.ates and fully a{!d fairly explained by him to our said tribe in council assembled. Dated August 31st, 1888. Silversmith, Noah Silver!lmith, William Jacket. (To the Indian names are rubjoined,marks.) The above signatures were freely given in our presence. R. H . Gillet, Commissioner. H. A. S. Dearborn, Superintendent of Massachusetts. TREATY WITH THE Ol[IPPEWA, 1838. Ja.n. 23, 18!18. A rtides of a vren,ty ~ at the cit;y of Saganaw in .Mi.chigan, 07! , Stat.. flo:i. tll.8 twent;y_-third day of January eigli,teen kwndlred and thirty-eight, 2. ~llllllatlon, July bdween the Uniteil States of America, by the undersigtid commis si<>ner, -and the sewral bani/a of the Chippewa nation comprehended within the d-istr-ict of Sagana:w. WHEREAS the chiefs of said bands have represented, that combina tion~ of purch~ers may be formed, at the sale of their lands for the purpose of keeping down the price thereof, both at the public and private saleshwhereby t~e proceeds would be g1·ea.tly diminished; and whereas, sue a procedure would defeat some of the primary objects of the cession of the lauds to the United States, and thereby originate difficultitos to their ea1·ly removal and expapriation to the com1try west of the Mississippi; and whereas, full authority has been given to the undersigned, respectively, on the part of the United States, and the said bands, to conclude and settle every question connected with the sale and cession aforesaid; Now therefore, to the end, that jm,tice may completely ensue, the objects of both the contracting parties be a.tta.1ned, and peace and friendship be p1-eserv:ed with said tribes, it is mutually agreed as follows: Land• ceded b1 ARTICLE 1st. The lands ceded by the trea.ty of the 14th of January r~~{., ~ ~1::.Jaf.;; 1837, shall be offered for sal.e, by proclamation of the President, and "':1" by procJam&Uon. the sale shall be conducted m the same manner, as the laws require e iromo. other lands to be sold. But it is :f:ovideil, That all lands brought into market, under the authority of said treaty, shall be put up for sale by the registe1· and receiver of the respective land office, at five dollars per acre, which is hereby declared to be the minimum price thereof; and if this price is not bia the sales shall be stopped; nor shall any s uch lands be disposed of, either at public or private salei;, for a sum lesa than five dollars per acre, for, and during the term of two yea.rs froUJ the commencement of the sale. Should any portion of said lands remain unsold at the expiration of this time, the minimum price shall be diminished to two dollars and fifty cents per acre, at which {>rice l'roviso. they eball be subject to entry until th~ whole quantity is sold: PrQVuied, That if any pa.rt of said lands rema.m unsold at the expiration of five years from the date of the ratification of this treaty, such lands shall, fall under the provision of third article ot this treaty. ,.. Provi.ion in cs se ARTICLE 2nd. To provide against the contingency of any of said lands 0 :,.1;n°~~rd.lands re- remaining unsold, and to remove any-objections to emigrating, on the.'