Page:United States Statutes at Large Volume 15.djvu/567

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TREATY WITH THE POTTAWATOMIE INDIANS. Fm:. 27, 1867. 535 concluded at Washington, D. C., on the twen -seventh da f F 1867, between the United States, representdd by Lewis I’.°Bog(yi:rCh1g: missioner of Indian Affairs, W. H. Watson, Special Commissioner, Thomas Murphy, Superintendent of Indian Affairs for Kansas, and Luther R. Palmer, United States Indian Agent, duly authorized, and the Pottawat. omie tribe of Indians, represented by their chiefs, braves, and headmen to wit: Mazhee, Mianco, Shawgwe, B. H. Bertrand, J. N. Bourassa: M. B. Beaubieu, L. H. Ogee, and G. L. Young, with the following AMENDMENTS : Strike out the preamble, and insert in lieu thereof, as follows: Aw. p- 531- Whereas the Pottawatomies believe that it is for the interest of their tribe that a home should be secured for them in the Indian country south of Kansas, while there is yet an opportunity for the selection of a suitable reservation; and whereas the tribe has the means of purchasing such reservation from funds to arise from the sale of lands under the provisions of this treaty, without interfering with the exclusive rights of those of their people who hold their lands in common to the ownership of their diminished reserve, held by them in common, or with their right to receive their just proportion of the moneys arising from the sale of unallotted lands, known as surplus lands: Now, therefore, it is agreed —— Ame, p. 632. Strike out article II., and insert in lieu thereof as follows: In case the new reservation shall be selected upon the lands purchased Price of ressr. by the government from the Creeks, Seminoles, or Choctaws, the price to V¤¤i<>¤» &<>· be paid for said reservation shall not exceed the cost of the same to the government of the United States; and the sum to be paid by the tribe for said reservation shall be taken from the amount which may be received for the lands which were offered for sale to the Leavenworth, Pawnee, and Western Railroad Company, under the treaty dated November fifteen, eighteen hundred and sixty-one, which amount shall be the common property of the tribe, except the Prairie band, who shall have no interest in said rms, bmi_ reservation, to be purchased as aforesaid, but in lieu thereof shall receive their pro rata share of the proceeds of the sale of said land in money, as the same may be received: Provided, That if the United States shall ad- Proviso. vance the amount necessary to purchase the said reservation, the interest due upon the deferred payments for said lands, sold as hereinafter provided, shall, when received by the United States, be retained and credited to said tribe interested in said reservation, or so much of said interest as may be due said tribe under this treaty: And provided further, That the Leaven— Atchison worth, Pawnee and Western Railroad Company, their successors and &°· R- R- é°- assigns, having failed to purchase said lands, the Atchison, Topeka and :Q°gi],l;`§;?i;°§:c_ Santa Fé Railroad Company may, within thirty days after the promulgation of this treaty, purchase of the said Pottawatomies their said unallotted lands, except as hereinafter provided, to St. Mary’s mission, at the price of one dollar per acre, lawful money of the United States, and upon filing their bond for the purchase and payment of said lands in due form, to be approved b the Secretary of the Interior within the time above named, the said Secretary of the Interior shall issue to the last·named railroad company certificates of purchase, and such certificates of purchase Conditions shall be deemed and holden, in all courts, as evidence of title and pos- agilxgsngsagfi session in the said railroad company to all or any part of said lands, g,,,,,,,,,,, unless the same shall be forfeited as herein provided. The said purchasemoney shall be paid to the Secretary of the Interior in trust for said Indians within five years from the date of such purchase, with interest at the rate of six per cent per annum on all deferred payments, until the whole purchase-money shall have been paid; and before any patents shall issue for any part of said lands, one hundred thousand dollars shall be deposited with the Secretary of the Interior, to be forfeited in case the whole of the lands are not paid for as herein provided; (said money may