of the Cherokee country west of the 96 degree to be taken in a compact form in quantity not exceeding one hundred and sixty acres for each member of each of said tribes thus to be settled; the boundaries of each of said districts to be distinctly marked, and the land conveyed in fee simple to each of said tribes to be held in common by their members in severalty as the United States may decide.

Said lands thus disposed of to be paid for to the Cherokee Nation at such price as may be agreed on between the said parties in interest, subject to the approval of the President; and if they should not agree, then the price to be fixed by the President.

The Cherokee Nation to retain the right of possession of said jurisdiction over all of said country west of 96 degree of longitude until thus sold and occupied, after which their jurisdiction and right of possession to terminate forever as to each of said districts thus sold and occupied.

Article 17. The Cherokee Nation hereby cedes, in trust to the United States, the tract of land in the States of Kansas which was sold to the Cherokees by the United States, under the provisions of the second article of the treaty of 1835; and also that strip of the land ceded to the nation by the fourth article of said treaty which is included in the State of Kansas, and the Cherokees consent that said lands may be included in the limits and jurisdiction of the said state.

The lands herein ceded shall be surveyed as the public lands of the United States are surveyed, under the direction of the Commissioner of the General Land Office, and shall be appraised by two disinterested persons, one to be designated by the Cherokee national council and one by the Secretary of the Interior, and in case of disagreement, by a third person, to be mutually selected by the aforesaid appraisers. The appraisement to be not less than an average of one dollar and a quarter per acre, exclusive of improvements.

And the Secretary of the Interior shall, from time to time, as such surveys and appraisements are approved by him, after due advertisements for sealed bids, sell such lands to the highest bidders for cash, in parcels not exceeding one hundred and sixty acres, and at not less than the appraised value: Provided, That whenever there are improvements of the value of fifty dollars made on the lands not being mineral, and owned and personally occupied by any person for agricultural purposes at the date of signing hereof, such persons oowning, and in person residing on such improvements, shall, after due proof, made under such regulations as the Secretary of the Interior may prescribe, be entitled to buy, at the appraised value, the smallest quantity of land in legal subdivisions which will include his improvements, not exceeding in the aggregate one hundred and sixty acres; the expenses of survey and appraisement to be paid by the Secretary out of the proceeds of sale of said lands: Provided, That nothing in this article shall prevent the Secretary of the Interior from selling the whole of said lands not occupied by actual settlers at the date of the ratification of this treaty, not exceeding one hundred and sixty acres to each person entitled to pre-emption under the pre-emption laws of the United States, in a body, to any responsible party, for cash, for a sum not less than one dollar per acre.

Article 18. That any lands owned by the Cherokees in the State of Arkansas and in the States east of the Mississippi may be sold by the Cherokee Nation in such manner as their national council may prescribe, all such sales being first approved by the Secretary of the Interior.

Article 19. All Cherokees being heads of families residing at the date of the ratification of this treaty on any of the lands herein ceded, or authorized to be sold, and desiring to remove to the reserved country, shall be paid by the purchasers of said lands the value of such improvements, to be ascertained and appraised by the commissioners who appraise the lands, subject to the approval of the Secretary of the Interior; and if he shall elect to remain on the land now occupied by him, shall be entitled to reSig. 24.

ceive patent from the United States in fee simple for three hundred and twenty acres of land to include his improvements, and thereupon he and his family shall cease to be members of the nation.

And the Secretary of the Interior shall also be authorized to pay the reasonable costs and expenses of the delegates of the southern Cherokees. The moneys to be paid under this article shall be paid out of the proceeds of the sales of the national lands in Kansas.

cause

Article 20. Whenever the Cherokee national council shall request it, the Secretary of the Interior shall the country reserved for the Cherokees to be surveyed and allotted among them, at the expense of the United States.

Art. 21. It being difficult to learn the precise boundary line between the Cherokee country and the State of Arkansas, Missouri, and Kansas, it is agreed that the United States, shall, at its own expense, cause the same to be run as far west as the Arkansas, and marked by permanent and conspicuous monuments, by two commissioners, one of whom shall be designated by the Cherokee national council.

Art. 22. The Cherokee national council, or any duly appointed delegation thereof, shall have the privilege to appoint an agent to examine the accounts of the nation with the Government of the United States at such times as they may see proper, and to continue or discharge such agent, and to appoint another, as may be thought best by such council or delegation; and such agent shall have free access to all accounts and books in the executive departments relating to the business of said Cherokee Nation, and an opportunity to examine the same in the presence of the officer having such books and papers in charge.

Art. 23. All funds now due the nation, or that may hereafter accrue from the sale of their lands by the United States, as hereinbefore provided for, shall be invested in United States, registered stocks at their current value, and the interest on all said funds shall be paid semi-annually on the order of the Cherokee Nation, and shall be applied to the following purposes, to-wit: Thirty-five per cent, shall be applied for the support of the common schools of the nation and educational purposes; fifteen per cent. for the orphan fund, and fifty per cent. for general purposes, including reasonable salaries of district officers; and the Secretary of the Interior, with the approval of the President of the United States, may pay out of the funds due the nation, on the order of the national council or a delegation duly authorized by it, such amount as he may deem necessary to meet outstanding obligations of the Cherokee Nation, caused by the suspension of the payment of their annuities, not to exceed the sum of one hundred and fifty thousand dollars.

Art. 24. As a slight testimony for the useful and arduous services of the Rev. Evan Jones, for forty years a missionary in the Cherokee Nation, now a cripple, old and poor, it is agreed that the sum of three thousand dollars be paid to him, under the direction of the Secretary of the Interior, out of any Cherokee fund in or to come into his hands not otherwise appropriated.

Art. 25. A large number of the Cherokees who served in the army of the United States having died, leaving no heirs entitled to receive bounties and arrears of pay on account of such services, it is agreed that all bounties and arrears for service in the regiments of Indian United States volunteers which shall remain unclaimed by any person legally entitled to receive the same for two years from the ratification of this treaty, shall be paid as the national council may direct, to be applied to the foundation and support of an asylum for the education of orphan heildren, which asylum shall be under the control of the national conucil, or of such benevolent society as said council may designate, subject to the approval of the Secretary of the Interior.

Art. 26. The United States guarantees to the people of the Cherokee Nation the quiet and peaceable possession of their country and protection

against domestic feuds and insurrections, and against hostitlities of other tribes. They shall also be protected against interruption or intrusion from all unauthorized citizens of the United States who may attempt to settle on their lands or reside in their territory. In case of hostilities among the Indian tribes, the United States agree that the party or parties commencing the same shall, so far as practicable, make reparation for the damages done.

Art. 27. The United States shall have the right to establish one or more military posts or stations in the Cherokee Nation, as may be deemed necessary for the proper protection of the citizens of the United States lawfully residing therein and the Cherokee and other citizens of the Indian country. But no settler or other person connected therewith, either in or out of the military organization, shall be permitted to introduce any spirituous, vinous, or malt liquors in the Cherokee Nation, except the medical department proper, and by them only for strictly medical purposes. And all persons not in the military service of the United States, not citizens of the Cherokee Nation, are to be prohibited from coming into the Cherokee Nation, or remaining in the same, except as herein otherwise provided; and it is the duty of the United States Indian Agent for the Cherokees to have such persons, not lawfully residing or sojourning therein, removed from the nation, as they now are, or hereafter may be, required by the Indian intercourse laws of the United States.

Art. 28. The United States hereby agree to pay for provisions and clothing furnished the army under Appotholehala in the winter of 1861 and 1862, not to exceed the sum of ten thousand dollars, the accounts to be ascertained and settled by the Secretary of the Interior.

Art. 29. The sum of ten thousand dollars or so much thereof as may be necessary to pay the expenses of the delegates and representatives of the Cherokees invited by the Government to visit Washington for the purpose of making this treaty, shall be paid by the United States on the ratification of this treaty.

Art. 30. The United States agree to pay to the proper claimants all losses of property by missionaries or missionary societies, resulting from their being ordered or driven from the country by the United States agents, and from their property being taken and occupied or destroyed by United States troops, not exceeding in the aggregate twenty thousand dollars, to be ascertained by the Secretary of the Interior.

Art. 31. All provisions of treaties heretofore ratified and in force, and not inconsistent with the provisions of this treaty, are hereby re-affirmed and declared to be in full force; and nothing herein shall be construed as an acknowledgment by the United States, or as a relinquishment by the Cherokee Nation of any claims or demands under the guarantee of former treaties, except as herein expressly provided.

In testimony whereof, the said commissioners on the part of the United States, and the said delegation on the part of the Cherokee Nation, have hereunto set their hands and seals at the city of Washington, this ninth (nineteenth) day of July, A. D. one thousand eight hundred and sixty-six.

D. N. COOLEY, Commissioner of Indian Affairs.
ELIJAH SELLS, Superintendent of Indian Affairs.

MITH CHRISTIE,

WHITE CATCHER,

JAMES MCDANIEL,

S. H. BENGE,

DANL. H. ROSS,

J. B. JONES,

Delegates of the Cherokee Nation, appointed by Resolution of the National Council.

In presence of

W. H. WATSON,

J. W. WRIGHT.

Signatures witnessed by the following named persons, the following interlineations being made before signing: On page 1st the word "the" interlined, on page 11 the word "the" struck out, and to said page 11 sheet attached requiring publication of laws; and on page 34th the word "ceded" struck out and the words "nuetral lands" inserted. Page 47% added relating to expenses of treaty.

THOMAS EWING, JR.,

Wm. A. PHILLIPS,

J. W. WRIGHT.

373

TREATY WITH THE SEMINOLES, 1866

Proclaimed August 16, 1866.

SUMMARY.

Preamble.

Art. 1. Peace and friendship. Military occupation and protection by
the United States. Amnesty.

2. Slavery not to exist among the Seminoles.
of African descent.

Art.

Art.

3.

Cession of lands to the United States.
United States.

therefor.

Art.

Grants to Seminoles.

Balance due the Seminoles.

Rights of those

Payments by the

Boundaries.

Payments

How to be paid.

4. Board of Commissioners to determine losses sustained by loyal Seminoles. Census of those loyal. No compensation except to Pay. What claims

Art. 5. Right of way for railroads granted through the lands of the
Seminoles. Lands will be sold.

Seminoles agree to certain legislation. sus. First council how composed. General council. CenSession not to exceed thirty days. Time and place of meeting. of general council. Special sessions. Who to preside over council. council. Pay, of members.

Courts.

This treaty to be a full settlement of all claims.

Powers Secretary of

Diversions

Treaty obligations confirmed.

Art. 10.

Not

Lands granted for missionary or educational purposes.
to be sold, except, etc.
Art 11. Inconsistent treaty provisions annulled.
When sold proceeds to be applied how.

Articles of a treaty made and concluded at Washington, D. C., March 21, A. D. 1866, between the United States Government, by its commissioners, D. N. Cooley, Commissioner of Indian Affairs, Elijah Sells, Superintendent of Indian Affairs, and Ely S. Parker, and the Seminole Indians, by their chiefs, John Chup-co, or Long John, Cho-cote-harjo, fos-ha (r)-jo, John F. Brown.

Whereas, Existing treaties between the United States and the Seminole Nation are insufficient to meet their mutual necessities; and

Whereas, The Seminole Nation made a treaty with the co-called Confederate States, August 1, 1861, whereby they threw off their allegiance to the United States, and unsettled their treaty relations with the United States, and thereby incurred the liability of forfeiture of all lands and other property held by grant or gift of the United States; and whereas a treaty of peace and anmity was entered into between the United States