ARTICLE 4
It being understood that the present division-line between the Ioways and the Sacs and Foxes of Missouri, as run by Isaac McCoy, will, when the surveys are made, run diagonally through many of the sections, cutting them into fractions; it is agreed that the sections thus cut by said line, commencing at the junction of the Wolf with the Missouri River, shall be deemed and taken as part of the land herein before ceded and directed to be sold for the benefit of the Ioways, until the quant.i.ty thus taken, including the before-recited reservation, and all the full sections north of said line, shall amount to two hundred sections of land. And should the Sacs and Foxes of Missouri consent to a change of their residence and be so located by the United States as to occupy any portion of the land herein ceded and directed to be sold for the benefit of the Ioways, west of the tract herein reserved, the Ioways hereby agree to the same, and consent to such an arrangement, upon the condition that a quant.i.ty of land equal to that which may be thus occupied by the Sacs and Foxes, and of as good quality, shall be set apart for them out of the country now occupied by the last-named tribe, contiguous to said division-line, and sold for their benefit as hereinbefore provided.
ARTICLE 5
As the receipts from the sales of the lands cannot now be determined, it is agreed that the whole subject shall be referred to the President of the United States, who may, from time to time, prescribe how much of the proceeds thereof shall be paid out to the Ioway people, and the time and mode of such payment, and also how much shall be invested in safe and profitable stocks, the princ.i.p.al of which to remain unimpaired, and the interest to be applied annually for the civilization, education, and religious culture of the Ioways and such other objects of a beneficial character as may be proper and essential to their well-being and prosperity: provided, that if necessary, Congress may, from time to time, by law, make such regulations in regard to the funds arising from the sale of said lands, and the application thereof for the benefit of the Ioways, as may in the wisdom of that body seem just and expedient.
ARTICLE 6
The President may cause the country the Ioways have reserved for their future home, to be surveyed, at their expense, and in the same way as the public lands are surveyed, and a.s.sign to each person or family such portion thereof as their industry and ability to manage business affairs may, in his opinion, render judicious and proper; and Congress may hereafter provide for the issuing to such persons, patents for the same, with guards and restrictions for their protection in the possession and enjoyment thereof.
ARTICLE 7
Appreciating the importance and the benefit derived from the mission established among them by the board of foreign missions of the Presbyterian Church, the Ioways hereby grant unto the said board a tract of three hundred and twenty acres of land, to be so located as to include the improvements at the mission, and also a tract of one hundred and sixty acres of timbered land, to be selected by some agent of the board from the legal subdivisions of the surveyed land; and the President shall issue a patent or patents for the same, to such person or persons as said board may direct. They further grant to John B. Roy, their interpreter, a tract of three hundred and twenty acres of land, to be selected by him in "Wolf"s Grove," for which the President shall also issue a patent.
ARTICLE 8
The debts of Indians contracted in their private dealings as individuals, whether to traders or otherwise, shall not be paid out of the general fund.
ARTICLE 9
As some time must elapse before any benefit can be derived from the proceeds of the sale of their land, and as it is desirable that the Ioways should at once engage in agricultural pursuits and in making improvements on the tract hereinbefore reserved for them, it is hereby agreed that, of the fund of one hundred and fifty-seven thousand five hundred dollars, set apart to be invested by the second clause of the second article of the treaty concluded on the nineteenth day of October, one thousand eight hundred and thirty-eight, a sum not exceeding one hundred thousand dollars shall be paid to the Indians, or expended under the direction of the President for the erection of houses, breaking and fencing lands, purchasing stock, farming utensils, seeds, and such other articles as may be necessary for their comfort. Fifty thousand dollars, or so much thereof as may be deemed expedient, to be paid during the year commencing on the first of October, one thousand eight hundred and fifty-four; and the other fifty thousand dollars, or so much thereof as shall be deemed expedient, to be paid during the year commencing on the first of October, one thousand eight hundred and fifty-five. The residue of said fund of one hundred and fifty-seven thousand five hundred dollars on hand after the payments herein provided for have been made shall remain as a trust fund, the interest upon which, as well as the interest that may have accrued on the portion drawn out, shall be applied, under the direction of the President, to educational or other beneficial purposes among the Ioways.
ARTICLE 10
It is agreed that all roads and highways laid out by authority of law shall have a right of way through the lands herein reserved, on the same terms as are provided by law when roads and highways are made through the lands of citizens of the United States; and railroad companies, when the lines of their roads necessarily pa.s.s through the lands of the Ioways, shall have right of way on the payment of a just compensation therefor in money.
ARTICLE 11
The Ioways promise to renew their efforts to suppress the introduction and use of ardent spirits in their country, to encourage industry, thrift, and morality, and by every possible effort to promote their advancement in civilization. They desire to be at peace with all men, and they bind themselves to commit no depredation or wrong upon either Indians or citizens; and whenever difficulties arise they will abide by the laws of the United States, in such cases made and provided, as they expect to be protected and to have their rights vindicated by them.
ARTICLE 12
The Ioway Indians release the United States from all claims and demands of every kind and description arising under former treaties, and agree to remove themselves within six months after the ratification of this instrument, to the lands herein reserved for their homes; in consideration whereof, the United States agree to pay to said Indians five thousand dollars-two thousand of which with such portion of balances of former appropriations of interest-fund as may not now be necessary under specific heads, may be expended in the settlement of their affairs preparatory to removal.
ARTICLE 13
The object of this instrument being to advance the interests of the Ioway people, it is agreed, if it prove insufficient, from causes which cannot now be foreseen, to effect these ends, that the President may, by and with the advice and consent of the Senate, adopt such policy in the management of their affairs, as, in his judgment, may be most beneficial to them; or Congress may hereafter make such provision by law as experience shall prove to be necessary.
ARTICLE 14
This instrument shall be obligatory on the contracting parties whenever the same shall be ratified by the President and the Senate of the United States.
TREATY WITH THE SAUK AND FOXES, ETC., [MAR. 6,] 1861
_Articles of agreement and convention made and concluded at the office of the Great Nemaha agency, Nebraska Territory, on the sixth day of March, A. D. one thousand eight hundred and sixty-one, by and between Daniel Vanderslice, U. S. Indian agent, on the part of the United States, and the following-named delegates of the Sacs and Foxes of Missouri,_ _viz: Pe-ta-ok-a-ma, Ne-sour-quoit, Mo-less, and Se-se-ah-kee; and the following-named delegates of the Iowa tribe, viz: No-heart, Nag-ga-rash, Mah-hee, To-hee, Tah-ra-hee, Thur-o-mony, and White Horse; they being duly authorized thereto by their respective tribes._
ARTICLE 3
The Iowa tribe of Indians, parties to this agreement, hereby cede, relinquish, and convey to the United States, for the use and benefit of the Sacs and Foxes of Missouri, for their permanent home, all that part of their present reservation lying and being west of Nohearts Creek, and bounded as follows, viz: Beginning at a point where the southern line of the present Iowa reserve crosses Nohearts Creek; thence with said line to the south fork of the Nemaha, (commonly known as Walnut Creek;) thence down the middle of said south fork, with the meanders thereof, to its mouth, and to a point in the middle of the Great Nemaha River; thence down the middle of said river to a point opposite the mouth of Nohearts Creek; and thence, in a southerly direction with the middle of said Nohearts Creek, to the place of beginning. And it is hereby understood and agreed that, in full consideration for said cession, the United States shall hold in trust, for the use and benefit of the Iowas, the one-half of the net proceeds of the sales of the lands described in the second article of this agreement, and interest thereon, at the rate of five per centum per annum, shall be paid to the Iowa tribe in the same manner as their annuities are paid under the treaty of May 17, 1854. The reservation herein described shall be surveyed and set apart for the exclusive use and benefit of the Sacs and Foxes of Missouri, and the remainder of the Iowa lands shall be the tribal reserve of said Iowa Indians for their exclusive use and benefit.
ARTICLE 5
In order to encourage education among the aforesaid tribes of Indians, it is hereby agreed that the United States shall expend the sum of one thousand dollars for the erection of a suitable school-house, and dwelling-house for the school teacher, for the benefit of the Sacs and Foxes, and also the additional sum of two hundred dollars per annum for school purposes, so long as the President of the United States may deem advisable. And for the benefit of the Iowa tribe of Indians there shall be expended, in like manner, at the discretion of the President, the sum of three hundred dollars per annum, for school purposes, which two last-mentioned sums shall be paid out of the funds to be appropriated for the civilization of Indians.
ARTICLE 8
It is hereby understood and agreed by the contracting parties hereto that the stipulations of the treaty with the Sacs and Foxes of Missouri of May 18th, 1854, and the treaty with the Iowa Indians of the 17th of May, 1854, which may not be inconsistent with these articles of convention, shall have full force and effect upon the contracting parties hereto.
ARTICLE 10
The Secretary of the Interior may expend a sum not exceeding three thousand five hundred dollars, ($3,500,) out of the proceeds of the sales of said lands, at any time he may deem it advisable, for the purpose of erecting a toll-bridge across the Great Nemaha River, at or near Roy"s Ferry, for the use of the Iowa Indians; and a like sum of three thousand five hundred dollars, ($3,500,), out of the proceeds of the sales of said lands, for the purpose of erecting a toll-bridge across the Great Nemaha River, at or near Wolf Village, for the use of the Sacs and Foxes of Missouri.
APPENDIX C
IOWA SYNONYMY
AGONES.-Boudinot, _Star in the West_, 125, 1816.
AGOUAIS.-De Ligney (1726) in _Wis. Hist. Soc. Coll._, 1, 22, 1854.
AGOUAL.-Chauvignerie (1736) quoted by Schoolcraft, _Ind. Tribes_, III, 557, 1853.
AGOUES.-Hutchins (1764), _ibid._
AH-E-O-WAR.-_Orig. Jour. Lewis and Clark_, VI, 91, 1905.