668 TREATY WITH THE OMAHA INDIANS. MARCH 6, 1865. m&*g°:;;{ w ARTIQLE III. In further consideration of the foregoing ccssion, the be extended? United States agree to extend the provisions of article VIII. of the treaty Vol. x. p. 1045. between the Omaha tribe of Indians and the United’ States, made on the 16th day of March, A. D. 1854, {br 2. term of ten years from and after the ratiication of this treaty ; and the United States further agree to pay to the said Omaha tribe of Indians, upon the ratification of this treaty, Damages. the sum of seven thousand dollars as damages in consequence of the occupancy of a portion of the Omaha reservation not hereby ceded, and use and destruction of timber by the Winnebago tribe of Indians while temporaril residing thereon. p,-cunt m,,-. A{lTICLE IV. The Omaha Indians being desirous of promoting settled V?¤i¤¤ to M di- habits of industry and enterprise amongst themselves by abolishing the
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- Q§h. tenure in common by which they now hold their lands, and by assigning
tribe in sever- limited quantities thereof in severalty to the members of the tribe, includ- UW- ing their half or mixed blood relatives now residing with them, to be cultivated and improved for their own individual use and benefit, it is hereby agreed and stipulated that the remaining portion of their present reservation shall be set apart for said purposes ; and that out of the same How assigned. there shall be assigned to each head of a family not exceeding one hundred and sixty acres, and to each male person, eighteen years of age and upwards, without family, not exceeding forty acres of land ——t0 include in every case, as far as practicable, a. reasonable proportion of timber; six hundred and forty acres of said lands, embracing and surrounding the Apmy. present agency improvements, shall also be set apart and appropriated to the occupancy and use of the agency for said Indians. The lands to be so assigned, including those for the use of the agency, shall be in as regular and compact a. body as possible, and so as to admit of a distinct and wc1l—dcFmcd exterior bounds. . The whole of the lands, assirrned or Omaha rescr- unassigned, in severalty, shag constitute and be known as the¤Omahz• “*i°“· reservation, within and over which all laws passed or which may be passed by Congress regulating trade and intercourse with the Indian tribes shall Whiteggvt ¤¤ have full force and effqct, and no white person, except such as shall be in 5;’B;’;°‘;‘:m1m the employ of the United States, shall be allowed to reside of- go upon gw. any pcmon of smd rescrvauon without the written permission of tho superintendent of Indian aH':iirs or the agent for the tribe. Said division and assignment of lands to the Omabas in scvcralty shall be made under the direction of the Secretary of Lha Interior, and when approved by him, Certiécatus be shall be final and conclusive. Certificates shall be issued b Y the Commismz¤£f°” d sioncr of Indian Affairs for the tracts so assigned, specifying the names of lg"the individuals to whom they have been assigned rc<pe<;xive1y, and that they are for the exclusive use and benefit of themselves, their gctérébe heirs, and descendants; and said tracts shall not be alienated in fee, leased, nai'; &;°' or otherwxsc d1sp0sed of except to the United States or to other members 7 of the tribe, under such rules and regulations as may ba prescribed by the Secretary of the Interior, and they shall be exempt from taxation, levy, sale, or forfeiture, until otherwise provided for by Congress. Omabas may Am·1cLm V. It being understood that the object of the Government lf3g'??:;: {2;; in purchasing the land herein described is for the purpose of locating the tion Qt- me wm. Winnebago tribe thereon, noxy, therefore, should their location there prove a¤g#;g¢>:;£`f=¤¤¤ detrimental to the peace, quiet, and harmony of the whites as well as of P the two tribes of Indians, then the Omahas shall have the privilege of rc-purchasing tha land herein ceded upon the same terms they now sell. Execution. In testimony whereof, the said Clark W. Thompson and Robert W. Furnas, Commissioners as aforesaid, and the said chiefs and delegates of the Omaha tribe of Indians, have hereunto set their hands and seals at the place and on th? day and year hcreinbeforc written. CLARK W. THOMPSON, R. W. F URNAS, Commissioners.
