Removal of Senecas and Shawnees.

said treaty as follows:-"Eight thousand nine hundred and sixty acres, to be laid off adjoining the west line of the reserve of forty-eight square miles at Lewistown."

ARTICLE II. In consideration of the cessions stipulated in the foregoing article, the United States agree to cause the said band of Senecas and Shawnees, consisting of about three hundred souls, to be removed in a convenient and suitable manner to the western side of the MissisGrant of land. sippi river, and will grant by patent, in fee simple to them and their heirs forever, as long as they shall exist as a nation and remain on the same, a tract of land to contain sixty thousand acres, to be located under the direction of the President of the United States, contiguous to the lands granted to the Senecas of Sandusky by the treaty made with them at the City of Washington, on the 28th of February 1831, and the Cherokee settlements-the east line of said tract shall be within two miles of the west line of the lands granted to the Senecas of Sandusky, and the south line shall be within two miles of the north line of the lands held by the Cherokees-and said two miles between the aforesaid lines, shall serve as a common passway between the before mentioned tribes to prevent them from intruding upon the lands of each other.

Ante, p. 318.

One year's support, &c.

Saw-mill and blacksmith's shop.

$6000 ad

vanced for improvements.

Live stock, &c.

Agent to superintend removal.

Sale of lands.

ARTICLE III. The United States will defray the expence of the removal of the said Senecas and Shawnees, and will moreover supply them with a sufficiency of good and wholesome provisions to support them for one year after their arrival at their new residence.

ARTICLE IV. Out of the first sales to be made of the lands herein ceded by the said Senecas and Shawnees, the United States will cause a saw-mill and a blacksmith shop to be erected on the lands granted to the said Indians west of the Mississippi, with all necessary machinery and tools, to be supported and kept in operation at the expence of the United States, for the mutual and sole benefit of the said Senecas and Shawnees, and the United States will employ a blacksmith to execute the necessary work for the said Indians for such time as the President of the United States, in his discretion may think proper.

ARTICLE V. In lieu of the improvments which have been made on the lands herein ceded; it is agreed that the United States shall advance to the said Senecas and Shawnees the sum of six thousand dollars, to be reimbursed from the sales of the lands herein ceded by them to the United States. A fair and equitable distribution of this sum shall be made by the Chiefs of the said Senecas and Shawnees, with the consent of their tribes in general council assembled, to such individuals of the tribes as, having left improvements, may be properly entitled to the

same.

ARTICLE VI. The live stock, farming utensils, and other chattel property, which the said Senecas and Shawnees now own, and may not be able to carry with them, shall be sold under the superintendance of some suitable person appointed by the Secretary of War, and the proceeds paid over to owners of such property respectively.

ARTICLE VII. The said Senecas and Shawnees shall be removed to their new residence under the care and protection of some competent and proper person, friendly to them and acquainted with their habits, manners and customs; and the chiefs of the said tribes shall have the privilege of nominating such person to the President, who, if approved of by him, shall have charge of their conveyance.

ARTICLE VIII. The United States will expose to public sale to the highest bidders, in the manner of selling the public lands, the tracts of

land herein ceded by the Senecas and Shawnees; and after deducting from the proceeds of such sale the sum of seventy cents per acre, exclusive of the cost of surveying the lands, the cost of the saw mill and blacksmith shop, and the sum of six thousand dollars to be advanced in lieu of the improvements on the ceded lands; it is agreed that any balance which may remain of the lands after sale as aforesaid, shall constitute a fund for the future necessities of said tribes, on which the Government of the United States agree and consent to pay to the chiefs for the use and general benefit of the said tribes annually, five per cent. on the amount of the said balance as an annuity. Said fund to be continued during the pleasure of Congress, unless the chiefs of the said tribes, by and with the consent of the whole of their people in general council assembled, should desire that the fund thus to be created, should be dissolved and paid over to them, in which case the President shall cause the same to be paid over, if in his discretion he shall think the happiness and prosperity of said tribes would be promoted thereby.

ARTICLE IX. It is agreed that any annuities accruing to the said Senecas and Shawnees by former treaties shall be paid to them at their intended residence west of the Mississippi under the direction of the President.

Annuity, &c.

Annuities by

former treaties.

ARTICLE X. In consideration of the former good conduct and friendly Presents. disposition of the aforesaid band of Senecas and Shawnees towards the American Government, and as an earnest of the kind feelings, and good wishes of their great father for the future welfare and happiness of themselves and their posterity, it is agreed that the United States will give them as presents, the following articles, to wit: one hundred blankets, twenty ploughs, one hundred hoes, fifty axes, ten rifles, twenty sets of horse gears, and Russia sheeting sufficient to make forty tents; the whole to be delivered to them as soon as practicable after their arrival at their new residence, except the blankets and the Russia sheeting for the tents, which shall be given at the time of their setting out on their journey; all of said articles to be distributed by the chiefs according to the just claims and necessities of their people.

ARTICLE XI. The lands granted by this agreement and convention to the said band of Senecas and Shawnees, shall not be sold or ceded by them except to the United States. And the United States guarantee that said lands shall never be within the bounds of any State or Territory, nor subject to the laws thereof; and further that the President of the United States will cause said tribes to be protected at their new residence against all interruption or disturbance from any other tribe or nation of Indians, or from any other person or persons whatever; and he shall have the same care and superintendence over them in the country to which they design to remove, that he has heretofore had over them at their present place of residence.

ARTICLE XII. At the request of the chiefs of the Senecas and Shawnees, there is granted to James McPherson, one half section of land to contain three hundred and twenty acres, to be laid off in such part of the lands here ceded as he may select, so that the said half section shall adjoin the land heretofore donated to him near the southeast corner of that part of the lands herein ceded which was assigned to the Shawnees by the second article of the treaty made at St. Mary's, on the 17th of September 1818. And this grant is made in consideration of the sincere attachment of the said chiefs and their people for the said James McPherson, who has lived among them and near them for forty years, and from whom they have received numerous and valuable services and benefits; and also in consideration of the able and candid manner in which he has explained to the Indians the policy of the United States

45

2E 2

Lands granted, not to be sold. Guaranty by U. S.

Grant to Jas. McPherson.

Ante, p. 178.

Grant to H. H. McPherson.

Grant to interpreter.

Explanatory.

in regard to the future welfare and permanent settlement of the Indian tribes.

ARTICLE XIII. At the request of the aforesaid chiefs, there is hereby granted to Henry H. McPherson, an adopted son of their nation, a half section of land, to contain three hundred and twenty acres, to be added to a half section of land granted to him by the said chiefs on the 20th day of March 1821, and approved by the President of the United States, which is to be so laid off as to enlarge the last mentioned grant to a square section.

ARTICLE XIV. At the special request of the aforesaid chiefs, one quarter section of land, to contain one hundred and sixty acres, is hereby granted to Martin Lane their interpreter, who married a quarter blood Indian woman, and has lived a long time among the Senecas. The said quarter section is to be located under the direction of the President of the United States.

ARTICLE XV. It is understood and agreed by the present contracting parties that the words, "the lands heretofore donated to him" in the twelfth article of this treaty, have direct and sole reference to a verbal donation heretofore made by the said Senecas and Shawnees to the said McPherson, and that the intention is that this treaty should confirm the former as well as the latter grant, so that the said McPherson is entitled to one whole section to be located in the southeast corner of the Shawnee part of the lands herein ceded as aforesaid.

IN TESTIMONY HEREOF the present contracting parties respectively have signed their hands, and affixed their seals the day and year aforesaid, at Pleasant Plains near Lewistown in the State of Ohio.

Signed, sealed, and delivered in presence of us :-David Robb, Sub-agent. James McPherson, Joseph Parks, U. S. Interpreters. N. Z. McColloch, H. E. Spencer, Wm. Rianhard, John Shelby, Alexander Thomson, H. B. Strother, Benj. S. Brown, D. M. Workman, R. Patterson, A. O. Spencer, Jas. Stewart, Stephen Giffin.

1 do hereby certify that each and every article of the foregoing convention and agreement, was carefully explained and fully interpreted by me to the chiefs, head men, and warriors who have signed the same.

MARTIN LANE,
U. S. Interpreter.

To the Indian names are subjoined a mark and seal.

ARTICLES OF AGREEMENT AND CONVENTION,

Made and concluded at Wapaghkonnetta, in the county of Allen and State of Ohio on the 8th day of August in the year of our Lord one thousand eight hundred and thirty-one, by and between James B. Gardiner specially appointed commissioner on the part of the United States and John McElvain, Indian Agent for the Wyandots, Senecas and Shawnees residing in the State of Ohio, on the one part, and the undersigned, principal Chiefs, Headmen and Warriors of the tribe of Shawnee Indians residing at Wapaghkonnetta and Hog Creek, within the territorial limits of the organized county of Allen, in the State of

Ohio.

Aug. 8, 1831.

Proclamation, April 6, 1832.

WHEREAS the President of the United States under the authority of the Act of Congress, approved May 28, 1830, has appointed a special 1830, ch. 148. commissioner to confer with the different Indian tribes residing within the constitutional limits of the State of Ohio, and to offer for their acceptance the provisions of the before recited act:-And whereas the tribe or band of Shawnee Indians residing at Wapaghkonnetta and on Hog Creek in the said State, have expressed their perfect assent to the conditions of the said act, and their willingness and anxiety to remove west of the Mississippi river, in order to obtain a more permanent and advantageous home for themselves and their posterity. Therefore, in order to carry into effect the aforesaid objects, the following articles of Convention have been agreed upon by the aforesaid contracting parties, which, when ratified by the President of the United States, by and with the advice and consent of the Senate thereof, shall be mutually binding upon the United States and the said Shawnee Indians.

Cession of

Ante, p. 160.

ARTICLE I. The tribe or band of Shawnee Indians residing at Wapaghkonnetta and on Hog Creek in the State of Ohio, in consideration lands to U. S. of the stipulations herein made, on the part of the United States, do for ever cede, release and quit claim to the United States the lands granted to them by patent in fee simple by the sixth section of the treaty made at the foot of the Rapids of the Miami river of Lake Erie on the 29th day of September in the year of our Lord 1817, containing one hundred and twenty-five sections or square miles, and granted in two reservations and described in the said sixth section of the aforesaid treaty as follows: -"A tract of land ten miles square, the centre of which shall be the council house at Wapaghkonnetta ;" and "a tract of land containing twenty-five square miles, which is to join the tract granted at Wapaghkonnetta, and to include the Shawnee settlement on Hog creek, and to be laid off as nearly as possible in a square form," which said two tracts or reservations of land were granted as aforesaid to the said Shawnee Indians by the patents signed by the Commissioner of the General Land Office and certified by the Secretary of War dated the 20th day of April 1821. Also, one other tract of land, granted to the said Shawnees by the second article of the treaty made at St. Mary's in the state of Ohio, on the 17th day of September in the year 1818, and described therein as follows: "Twelve thousand eight hundred acres of land to be laid off adjoining the east line of their reserve of ten miles square at Wapaghkonnetta," making in the whole of the aforesaid cessions to the

Ante, p. 178.

Removal of Shawnees.

Grant of land west of the Mississippi.

One year's support, &c.

Saw-mill, grist-mill, &c.

$13,000 advanced for improvements.

Farming utensils, &c.

United States by the aforesaid Shawnees, one hundred and forty-five sections or square miles, which includes all the land now owned or claimed by the said band or tribe of Shawnees in the State of Ohio.

ARTICLE II. In consideration of the cessions stipulated in the foregoing article, the United States agree to cause the said tribe or band of Shawnees, consisting of about four hundred souls, to be removed in a convenient and suitable manner to the Western side of the Mississippi river, and will grant by patent in fee simple to them and their heirs for ever, as long as they shall exist as a nation and remain upon the same, a tract of land to contain one hundred thousand acres, to be located under the direction of the President of the United States, within the tract of land equal to fifty miles square, which was granted to the Shawnee Indians of the State of Missouri by the second article of a treaty made at the city of Saint Louis in said State, with the said Shawnees of Missouri by William Clark, Superintendent of Indian Affairs, on the 7th day of November in the year 1825; and in which it is provided that the grant aforesaid shall be for the Shawnee tribe of Indians within the State of Missouri," and for those of the same nation now residing in Ohio, who may hereafter emigrate to the west of the Mississippi ;" but if there should not be a sufficiency of good land unoccupied by the Shawnee Indians who have already settled on the tract granted as aforesaid by the said treaty of Saint Louis; then the tract of one hundred thousand acres, hereby granted to the said Shawnees of Ohio, parties to this compact, shall be located under the direction of the President of the United States on lands contiguous to the said Shawnees of Missouri, or on any other unappropriated lands within the district of country designed for the emigrating Indians of the United States.

ARTICLE III. The United States will defray the expenses of the removal of the said band or tribe of Shawnees, and will moreover supply them with a sufficiency of good and wholesome provisions, to support them for one year after their arrival at their new residence.

ARTICLE IV. Out of the first sales to be made of the lands herein ceded by the said Shawnees, the United States will cause a good and substantial saw mill, and a grist mill, built in the best manner, and to contain two pair of stones and a good bolting cloth, to be erected on the lands granted to the said Shawnees, west of the Mississippi; and said mills shall be solely for their use and benefit. The United States will, out of the sales of the ceded lands, as aforesaid, cause a blacksmith shop, (to contain all the necessary tools,) to be built for the said Shawnees, at their intended residence, and a blacksmith shall be employed by the United States, as long as the President thereof may deem proper, to execute all necessary and useful work for said Indians.

ARTICLE V. In lieu of the improvements which have been made on the lands herein ceded, it is agreed that the United States shall advance to the said Shawnees (for the purpose of enabling them to erect houses and open farms at their intended residence) the sum of thirteen thousand dollars, to be reimbursed from the sales of the lands herein ceded by them to the United States. A fair and equitable distribution of this sum shall be made by the chiefs of the said Shawnees; with the consent of the people, in general council assembled, to such individuals of their tribe who have made improvements on the lands herein ceded, and may be properly entitled to the same.

ARTICLE VI. The farming utensils, live stock and other chattel property, which the said Shawnees now own, and may not be able to carry with them, shall be sold, under the superintendance of some suitable