sub-agency on said reservation upon the ratification of this agreement by Congress, and the residue of the proceeds of said surplus lands shall be placed to the credit of said tribe in the treasury of the United States and bear interest at the rate of 5 percent per annum, there to remain at the discretion of the United States, the interest to be paid annually and be distributed to said tribe per capita on said reservation. ARTICLE V This agreement shall not have the effect to repeal, modify or change any of the treaty sitpulations now in force between the United States and said Pawnee tribe of Indians, except in the manner and to the extent herein expressly or by necessary implication provided for. ARTICLE VI This agreement shall become effective when ratified by the Congress of the United States. AGREEMENT WITH THE TONKAWAS PREAMBLE Relinquishment of right. Allotments approved. Schedule of lands marked Exhibit "A," a part hereof. Individual members of other tribes to share rights and privi- Art. VI. The consideration. Art. VII. Provision for ratification. Articles of agreement made and concluded at the Ponca Indian Agency, in the Indian Territory, on the 21st day of October, A. D., 1891, by and btween David H. Jerome, Alfred M. Wilson and Warren G. Sayre, Commissioners on the Part of the United States, and the Tonkawa tribe of Indians in said territory, represented by the adult male members of said tribe. ARTICLE I The said Tonkawa tribe of Indians in the Indian Territory for the consideration hereinafter recited, hereby cede, convey and forever relinquish to the United States all their right, title, claim and interest of every kind and character in and to the following described tract of country in said Indian Territory, to-wit: Township Twenty-five 25) North of Range One (1); Township Twenty-six (26) North of Range One (1) West; Township Twentyfive (25) North of Range Two (2) West, and township Twenty-six (26) North of Range Two (2) West, containing ninety thousand seven hundred and ten and eighty-nine hundredths (90,710.89) acres, more or less, which is the same tract of country conveyed by the Cherokee Nation to the United States in trust for the use and benefit of the Nez Perces tribe of Indians by deed dated June 14, 1883, under the provisions of the act of Congress of March 3, 1883. ARTICLE II The allotments of land to said Tonkawa tribe of Indians, made and completed by Miss Helen P. Clark, an allotting agent duly appointed for the purpose, during the summer of the year 1891, shall be confirmed to said Indians, respectively, and governed by all the conditions, qualifications and limitations recited in a certain act of Congress entitled, "An act to provide for the allotment of lands in severalty to the Indians on the various reservations, and to extend the protection of the laws of the United States and territories over the Indians, and for other purposes," approved February 8, 1887, and an act amendatory thereof, approved February 28, 1891, provided that in all cases where the allottee has died since said allotment agent set off and scheduled land to such person the law of descent and partition in force in Oklahoma Territory shall apply thereto any existing law to the contrary notwithstanding. ARTICLE III For greater particularity and certainty of description a copy of the schedule of lands allotted by said Miss Helen P. Clark is hereto attached, marked "Exhibit A" and made a part hereof. ARTICLE IV It is hereby further agreed that in addition to the allotments of land above stated there shall be allotted a like quantity of land to any member of said tribe who may hereafter be born and shall be living at the date of the ratification of this contract by Congress; and any such allotment shall be governed by the law of descent and partition mentioned in Article II hereof. ARTICLE V . Indians who by nativity belong to other tribes, but who have abandoned such other tribes, and have been adopted by and are now living with and recognized as members of said tribe by said Tonkawa tribe of Indians, shall have all the rights under this agreement provided for members of said tribe by nativity, and all payments of money provided for herein shall be made, as nearly as practicable per capita to all members of said tribe, native and adopted. ARTICLE VI As a further and only additional consideration for such cession, conveyance and relinquishment, the United States agrees to pay to said tribe of Indians the sum of thirty thousand six hundred ($30,600.00) dollars, in manner as follows: Twenty-five ($25.00) dollars to be paid in cash to each member of said tribe within sixty days after this contract shall be ratified by Congress; fifty ($50.00) dollars to be paid out for each member of said tribe, under the direction of the Commissioner of Indian Affairs, within six months after this contract shall be ratified by Congress, and the residue of said sum of thirty thousand and six hundred ($30,600.00) dollars shall be retained in the treasury of the United States, and bear interest at the rate of 5 per centum per annum, payable annually to said Indians per capita, or, in the discretion of the Commissioner of Indian Affairs, paid out by him for the use of said Indians, but as nearly as may be per capita. ARTICLE VII This contract shall have effect when ratified by the Congress of the United States. AGREEMENT WITH CHEROKEES DECEMBER 8, 1891 Art. 1. Art. II. PREAMBLE Defining boundary of land to be relinquished. (1) Defining an intruder and providing for removal from Chero kee territory. (2) Article XV, Treaty July 19, 1866, abrogated. (3) Defining jurisdiction of Cherokee judicial tribunals. (4) The United States to account to Nation for moneys due them. (5) Preference rights given to Cherokee citizens. (6) Consideration for relinquishing rights and title to land. Articles of agreement made and concluded at Tahlequah, in the Indian Territory, on the 19th day of December, A. D. 1891, by and between David H. Jerome, Alfred M. Wilson, Warren G. Sayre, Commissioners on the Part of the United States, and Elias C. Boudinot and Joseph A. Scales, George Downing, Roach Young, Thomas Smith, William Triplett and Joseph Smallwood, Commissioners on the Part of the Cherokee Nation. ARTICLE I The Cherokee Nation by act duly passed shall cede and relinquish all its title, claim and interest of every kind and character in and to that part of the Indian Territory bounded on the west by the one hundredth (100°) degree of west longitude; on the north by the state of Kansas; on the east by the ninety-sixth (96°) degree of west longitude, and on the south by the Creek Nation. The territory of Oklahoma, and the Cheyenne and Arapahoe reservation, created or defined by executive order dated August 10, 1869. The tract of land- embraced within the above boundaries containing eight million one hundred and forty-four thousand six hundred and eighty-two and ninety-one one-hundredths (8,144,682.91) acres, more or less. ARTICLE II For and in consideration of the above cession and relinquishment the United States agrees: First. That all persons now resident or who may hereafter become residents in the Cherokee Nation, and who are not recognized as citizens of the Cherokee Nation by the constituted authorities thereof, and who are not in the employment of citizens of the Cherokee Nation, in conformity with the laws thereof, or in the employment of the United States government, and all citizens of the United States who are not resident in the Cherokee Nation under the provisions of treaty or acts of Congress, shall be deemed and held to be intruders and unauthorized persons within the intent and meaning of Section 6 of the treaty of 1835, and Sections 26 and 27 of the treaty of July 19, 1866, and shall together with their personal effects, be removed without delay from the limits of said Nation, by the United States as tresspassers, upon the demand of the principal chief of the Cherokee Nation. In such removal no houses, barns, outbuildings, fences, orchards, growing crops, or other chattels, real, being attached to the soil and belonging to the Cherokee Nation, the owner of the land, shall be removed, damaged or destroyed, unless it shall become necessary in order to effect the removal of such tresspassers: Provided, Always, That nothing in this section shall be construed as to affect in any manner the rights of any persons in the Cherokee Nation under the ninth article of the treaty of July 19, 1866. Second. That article fifteen (15) of the treaty of July 19, 1866, by and between the United States and the Cherokee Nation, shall be abrogated and held for naught, from and after the day that Congress may ratify this agreement, providing for such cession and relinquishment of title: Provided, That the rights of any person or persons heretofore acquired under and by virtue of said Article 15 shall in no manner and to no extent whatever be affected by such abrogation. Third. The judicial tribunals of the Cherokee Nation shall have exclusive jurisdiction in all civil and criminal cases arising in the Cherokee country, in which members of the Cherokee Nation, by nativity or adoption shall be the only parties. Fourth. The United States shall, without delay, render to the Cherokee Nation, through any agent appointed by authority of the National Council, a complete account of moneys due to the Cherokee Nation under any of the treaties ratified in the years of 1817, 1819, 1828, 1833, 1835-6, 1846, 1866 and 1868, and any laws passed by the Congress of the United States for the purpose of carrying said treaties, or any of them into effect; and upon such accounting, should the Cherokee Nation, by its National Council conclude and determine, that the accounting is incorrect or unjust, then the Cherokee Nation shall have the right within twelve (12) months to enter suit against the United States in the Court of Claims, with the right of appeal to the Supreme Court of the United States by either party, for any alleged or declared amount of money promised but withheld by the United States from the Cherokee Nation, under any of said treaties or laws, which may be claimed to be omitted from, or improperly or illegally adjusted in said accounting; and the Congress of the United States shall, at its next session after such case shall be finally decided and certified to Congress, according to law, appropriate a sufficient sum of money to pay such judgment to the Cherokee Nation should judgment be rendered in her favor; or if it shall be found upon such accounting that any sum of money has been so withheld the amount shall be duly appropriated by Congress, payable to the Cherokee Nation upon the order of its National Council, such appropriation to be made by Congress if then in session, and if not, then at the session immediately following such accounting. Fifth. That any citizen of the Cherokee Nation who, prior to the 1st day of November, 1891, was a bona fide resident upon and further had, as a farmer and for farming purposes, made permanent and valuable improvements upon any part of the land herein ceded and who has not disposed of the same, but desires to occupy the particular lands so improved, as a homestead and for farming purposes, shall have the right to select oneeighth of a section of land, to conform, however, to the United States surveys; such selection to embrace, as far as the above limitation will admit such improvements. The wife and children of any such citizen shall have the same right of selection that is above given to the citizen, and they shall have the preference in making selections to take any lands improved |