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som H. Gillet, a Commissioner on the part of the United States, and fully and fairly explained by him, to our said tribe, in council assembled. Dated Buffalo Creek September 28 1838.

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Aug. 9, 1838.

Assent of the Oneidas to the treaty, as

To the Indian names are subjoined marks.

The above signatures were freely and voluntarily given after the treaty and amendments had been fully and fairly explained in open council.

R. H. GILLET, Com.

WITNESS :-H. A. S. Dearborn, Superintendent of Massachusetts. James Stryker, U.S.Agent.

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These ten chiefs signed in my presence except the last John Snow.

H. A. S. DEARBORN, Superintendent of Massachusetts.

Signed in presence of Nathl. T. Strong, U. S. Interpreter. James Stryker, U. S. Agent. George Kenququide, by his attorneys. N. T. Strong. White Seneca.

The signature of George Kenququide was added by his attorneys in our presence.

18th January 1839.

R. H. GILLET,
JAMES STRYKER.

We the undersigned chiefs of the Oneida tribe of New York Indians do hereby give our free and voluntary assent to the foregoing treaty as amended by the resolution of the Senate of the United States on the eleventh day of June 1838, the same having been submitted to us by amended by the Ransom H. Gillet, a commissioner on the part of 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.

Senate.

Executed in the presence of

TIMOTHY JENKINS.

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The above assent was voluntarily freely and fairly given in my presence, after being fully and fairly explained by me.

R. H. GILLET. Com, &c.

We the undersigned sachems chiefs and head men of the Tuscarora nation of Indians 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 States on the eleventh day of June 1838, and to our contract connected therewith, the same having been submitted to us by Ransom H. Gillet, a commissioner on the part of the United States, and fully and fairly explained by him to our said tribe in council assembled.

Dated August 14th, 1838.

Nicholas Cusick,

William Chew,

William Mountpleasant,

Matthew Jack,

John Patterson,

George L. Printup,
James Cusick,

Jonathan Printup,
Mark Jack,

Samuel Jacobs.

Executed in presence of J. S. Buckingham, D. Judson, Leceister S. Buckingham, Orlando Allen.

To the Indian names are subjoined marks.

The above assent was freely and voluntarily given after being fully and fairly explained by me.

R. H. GILLET, Com.

We the undersigned chiefs and head men of the tribe of Cayuga Indians 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 States on the eleventh day of June 1838, the same having been submitted to us by Ransom H. Gillet, a commissioner 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.

Thomas Crow,

John Crow,

Executed in presence of James Young.

To the Indian names are subjoined marks.

Ghastly Darkness,
Jacob G. Seneca.

The above four signatures were freely given in our presence.

R. H. GILLET, Com.
H. A. S. DEARBORN,
Superintendent of Massachusetts.

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Oct. 9, 1838.

Assent of the St. Regis Indians to the

treaty, as

We the undersigned sachems, chiefs and head men of the American party of the St. Regis Indians residing in 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 June amended by the 1838, the same having been submitted to us by Ransom H. Gillet a commissioner 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.

Senate.

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Aug. 31, 1838.

Assent of the Onondagas to the treaty, as

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WITNESSES: James B. Spencer. Heman W. Tucker. A. K. Williams, Agent St. Regis Indians. Frs. Marcoux Dictre.

To the Indian names are subjoined marks.

We the undersigned, chiefs, head men and warriors of the Onondaga tribe of Indians residing on the Seneca reservations in the State of New-York, do hereby give our free and voluntary assent to the foreamended by the going treaty as amended by the Senate of the United States on the Senate. eleventh day of June, 1838, the same having been submitted to us, by Ransom H. Gillet, a commissioner on the part of the United States and fully and fairly explained by him to our said tribe in council assembled. Dated August 31st, 1838.

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ARTICLES OF A TREATY

Concluded at the city of Saganaw in Michigan, on the twentythird day of January eighteen hundred and thirty-eight, between the United States of America, by the undersigned commissioner, and the several bands of the Chippewa nation comprehended within the district of Saganaw.

WHEREAS the chiefs of said bands have represented, that combinations of purchasers may be formed, at the sale of their lands for the purpose of keeping down the price thereof, both at the public and private sales, whereby the proceeds would be greatly diminished; and whereas, such a procedure would defeat some of the primary objects of the cession of the lands to the United States, and thereby originate difficulties to their early removal and expatriation to the country 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 justice may completely ensue, the objects of both the contracting parties be attained, and peace and friendship be preserved with said tribes, it is mutually agreed as follows: ARTICLE 1st. The lands ceded by the treaty of the 14th of January 1837, shall be offered for sale, by proclamation of the President, and the sale shall be conducted in the same manner, as the laws require other lands to be sold. But it is provided, That all lands brought into market, under the authority of said treaty, shall be put up for sale by the register 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 bid the sales shall be stopped: nor shall any such lands be disposed of, either at public or private sales, for a sum less than five dollars per acre, for, and during the term of two years from 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 price they shall be subject to entry until the whole quantity is sold: Provided, That if any part of said lands remain 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 of this treaty.

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[This article

see the amendments in the

ARTICLE 2nd. The survey and proclamation of sale shall apply, as well to the reserves on the river Angrais, and at Rifle river, of which stricken out; said Indians are to have the usufruct and occupancy for five years, as to the other lands ceded: but the sales shall be made subject to the incum- ratification.] brance of such right of occupancy by the Indians, nor shall any lands thus sold be entered upon, until the full end and term of said five years, without the consent of said Indians, publickly obtained, at the office of the proper superintendent, agent or sub-agent, of such tribe or band; which consent shall be expressed by the certificate of such officer, delivered to the purchaser. And to enable such officer to act understandingly, in the discharge of this duty, a plat of the survey of such reservations, shall be furnished for the use of his office.

ARTICLE 3rd. To provide against the contingency of any of said lands remaining unsold, and to remove any objections to emigrating, on the

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Provision in

part of the Indians, based on such remainder, it is hereby agreed, that case any of said every such section, fractional section, or other unsold remainder, shall, lands remain

unsold. Proviso.

[This article stricken out; see the amendment in the ratification.]

Treaty binding when ratified.

at the expiration of five years from the ratification of this treaty, be sold for such sum as it will command, Provided, That no such sale shall be made for less than seventy-five cents per acre.

ARTICLE 4th. Should the said Indians agree to emigrate, and give up their reservations on the west shores of Saganaw bay at any time during the first period of sale herein before mentioned, they shall receive from the United States the minimum price per acre, fixed for said period, and if during the second period, the minimum price for the second period.

ARTICLE 5th. This treaty shall be binding from the date of its constitutional ratification; but its validity shall not be affected by any modification, or non-concurrence of the President and Senate, in the third and fourth articles thereof.

In testimony whereof, the undersigned, Superintendent of Indian Affairs and commissioner on the part of the United States, and the chiefs and delegates of said bands, have hereunto set their hands, and affixed their seals, at the city of Saganaw on this twenty-third day of January, in the year of our Lord one thousand eight hundred and thirty-eight, and of the independence of the United States, the sixty-second year.

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Signed and executed in presence of Jeremiah Riggs, Overseer farmers I. D. E. S. Williams, Sam'l G. Watson, Wm. F. Mosely, D. E. Corbin, Leon Tremble, Jas. LaSchoolcraft, Joseph F. Marsac, William S. Lee.

To the Indian names are subjoined a mark and seal.

[NOTE.-The foregoing treaty was ratified with the following amendments:
"Strike out articles 2 and 4.

Change articles 3 and 5 to read article 2nd, article 3rd."]

Feb. 3, 1838.

Proclamation, May 17, 1838.

Cession to the United States.

Ante, pp. 342 & 399.

ARTICLES OF A TREATY,

Made at the City of Washington between Carey A. Harris, thereto specially directed by the President of the United States and the First Christian and Orchard parties of the Oneida Indians residing at Green Bay, by their chiefs and representatives.

ART. 1. THE First Christian and Orchard parties of Indians cede to the United States all their title and interest in the land set apart for them in the 1st article of the treaty with the Menomonies of February 8th, 1831, and the 2d article of the treaty with the same tribe of October 27th, 1832.

ART. 2. From the foregoing cession there shall be reserved to the said Indians to be held as other Indian lands are held a tract of land

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