XIV. The Delawares acknowledge their dependence on the Government of The United States, and invoke its protection and care. They desire to be protected from depredations and injuries of every kind, and to live at peace with all the Indian tribes; and they promise to abstain from war, and to commit no depredations on either citizens or Indians; and if, unhappily, any difficulty should arise, they will at all times, as far as they are able, comply with the law in such cases made and provided, as they will expect to be protected and their rights vindicated by it, when they are injured.

XV. A primary object of this instrument being to advance the interests and welfare of the Delaware people, it is agreed, that if it prove insufficient to effect these ends; from causes which cannot now be foreseen, Congress may hereafter make such further provision, by law, not inconsistent herewith, as experience may prove to be necessary to promote the interests, peace, and happiness of the Delaware people.

XVI. It is agreed by the parties hereto, that the provisions of the Act of Congress, approved 3rd of March, 1807, in relation to lands ceded to The United States, shall, so far as applicable, be extended to the lands herein ceded.

XVII. It is further stipulated that, should the Senate of The United States reject Article XIII hereof, such rejection shall in no wise affect the validity of the other Articles.

XVIII. This instrument shall be obligatory on the Contracting Parties as soon as the same shall be ratified by the President, and the Senate of The United States.

In testimony whereof the said George W. Manypenny, Commissioner as aforesaid, and the said delegates of the Delaware tribe of Indians, have hereunto set their hands and seals, at the place and on the day and year hereinbefore written.

GEORGE W. MANYPENNY, Commissioner. [Signed by 9 Delaware Chiefs.]

Executed in the presence of:

THOS. JOHNSON, and 6 Others.

And whereas the said Treaty having been submitted to the Senate of The United States for its constitutional action thereon, the Senate did, on the 11th day of July, 1854, ratify the same by a resolution in the words following, to wit:

IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES,

July 11, 1854.

Resolved (two-thirds of the Senators present concurring), that the Senate advise and consent to the ratification of the Articles of Agreement and Convention made and concluded at the city of

Washington this 6th day of May, 1854, by George W. Manypenny, as Commissioner on the part of The United States, and the following named delegates of the Delaware tribe of Indians, viz.: Sarcoxey; Ne-hon-he-cond; Kock-ka-to-wha; Qua-cor-now-ha, or James Segondyne, Ne-sha-pa-na-cumin, or Charles Journeycake; Que-sha-to-wha, or John Ketchem; Pendoxey, or George Bullet; Kock-kock-quas, or James Ketchem; Ah-lah-a-chick, or James Conner; they being thereto duly authorized by said tribe.

Attest:

ASBURY DICKENS, Secretary.

No. 4.-TREATY with the Shawnees.-May 10, 1854. [Ratified by the President of The United States, November 2, 1854.] Articles of Agreement and Convention made and concluded at the city of Washington, this 10th day of May, 1854, by George W. Many penny, as Commissioner, on the part of The United States, and the following named delegates, representing the bands of Shawnees who were parties to the Treaties of November 7, 1825,* and August 8, 1831,† viz.: Joseph Parks, Black Hoof, George McDougal, Longtail, George Blue Jacket, Graham Rogers, Wa-wah-che-pa-e-kar, or Black Bob, and Henry Blue Jacket, they being thereto duly authorized by the now united tribe of said Shawnee Indians.

ART. I. The Shawnee tribe of Indians hereby cede and convey to The United States, all the tract of country lying west of the State of Missouri, which was designated and set apart for the Shawnees in fulfilment of, and pursuant to, Articles II and III of a Convention made between William Clark, Superintendent of Indian Affairs, and the Chiefs and headmen of the Shawnee nation of Indians, at St. Louis, on the 7th day of November, 1825, which said tract was conveyed to said tribe (subject to the right secured by Article II of the Treaty made at Wapaghkonetta on the 8th day of August, 1831), by John Tyler, President of The United States, by deed bearing date the 11th day of May, 1844-said tract being described by metes and bounds as follows: "Beginning at a point in the western boundary of the State of Missouri, 3 miles south of where said boundary crosses the mouth of Kansas river, thence continuing south and coinciding with said boundary for 25 miles; thence due west 120 miles; thence due north, until said line shall intersect the southern boundary of the Kansas reservation; thence due east, coinciding with the southern boundary of said reservation, to the termination thereof; thence due north, coinciding with the eastern boundary of said reservation, to the southern shore of the Kansas River, thence along said southern shore of said river, to where a line from the place of beginning, drawn due west, shall

* Vol. XXII. Page 165.

+ Vol. XIX. Page 1033.

intersect the same"- estimated to contain 1,600,000 acres, more or less (excepting and reserving therefrom 200,000 acres, for homes for the Shawnee people-which said 200,000 acres is retained, as well for the benefit of these Shawnees, parties to the Treaty of August 8, 1831, as for those parties to the Treaty of November 7, 1825).*

II. The 200,000 acres of land reserved by the Shawnees, shall be selected between the Missouri State line and a line parallel thereto; and west of the same, 30 miles distant; which parallel line shall be drawn from the Kansas river, to the southern boundary line of the country herein ceded; provided, however, that the few families of Shawnees who now reside on their own improvements in the ceded country west of said parallel line, may, if they desire to remain, select there the same quantity of land for each individual of such family which is hereinafter provided for those Shawnees residing east of said parallel line-the said selection in every case being so made as to include the present improvement of each family or individual. Of the lands lying east of the parallel line aforesaid, there shall first be set apart to the Missionary Society of the Methodist Episcopal Church South, to include the improvements of the Indian Manual Labour School, 3 sections of land; to the Friends' Shawnee Labour School, including the improvements there, 320 acres of land; and to the American Baptist Missionary Union, to include the improvements where the superintendent of their school now resides, 160 acres of land; also 5 acres of land to the Shawnee Methodist Church, including the meeting-house and graveyard; and 2 acres of land to the Shawnee Baptist Church, including the the meeting-house and graveyard. All the land selected, as herein provided, west of said parallel line, and that set apart to the respective societies for schools, and to the churches before named, shall be considered as part of the 200,000 acres reserved by the Shawnees.

All Shawnees residing east of said parallel line shall be entitled to, out of the residue of said 200,000 acres, if a single person, 200 acres, and if the head of a family, a quantity equal to 200 acres for each member of his or her family-to include, in every case, the improvement on which such person or family now resides; and if two or more persons or families occupy the same improvement, or occupy different improvements in such close proximity that all of such persons or families cannot have the quantity of land (to include their respective improvements) which they are entitled to, and if in such cases the parties should be unable to make an amicable arrangement amongst themselves, the oldest occupant or settler shall have the right to locate his tract so as to include said improve* The clause in parentheses was struck out. See Amendment, post p. 364, See Amendment, post page 364,

ments, and the others must make a selection elsewhere, adjoining some Shawnee settlement; and, in every such case, the person or family retaining the improvement shall pay those leaving it for the interest of the latter therein-the value of the same to be fixed, when the parties cannot agree thereupon, by such tribunal, and in such mode, as may be prescribed by the Shawnee Council, with the consent of The United States' agent for that tribe.

The privilege of selecting lands, under this provision, shall extend to every head of a family, who, although not a Shawnee, may have been legally married to a Shawnee, according to the customs of that people, and adopted by them; and to all minor orphan children of Shawnees, and of persons who have been adopted as Shawnees, who shall not have received their shares with any family; and all incompetent persons shall have selections made for them adjacent, or as near as practicable, to their friends or relatives, which selections shall be made by some disinterested person or persons, appointed by the Shawnee Council, and approved by The United States' Agent. In the settlement known as Black Bob's Settlement, in which he has an improvement, whereon he resides; and in that known as Long Tail's Settlement, in which he has an improvement whereon he resides, there are a number of Shawnees who desire to hold their lands in common; it is, therefore, agreed, that all Shawnees, including the persons adopted as aforesaid, and incompetent persons, and minor orphan children, who reside in said. settlements respectively, and all who shall, within 60 days after the approval of the surveys hereinafter provided for, signify to The United States Agent their election to join either of said communities and reside with them, shall have a quantity of land assigned and set off to them, in a compact body, at each of the settlements aforesaid, equal to 200 acres to every individual in each of said communities. A census of the Shawnees residing at each of these settlements, and of the minor orphan children of their kindred, and of those electing to reside in said communities, shall be taken by The United States Agent for the Shawnees, in order that a quantity of land, equal to 200 acres for each person, may be set off and allotted them, to hold in common as aforesaid. After all the Shawnees, and other persons herein provided for, shall have received their shares of the 200,000 acres of land reserved, it is anticipated that there will still be a residue; and as there are some Shawnees who have been for years separated from the tribe, it is agreed that whatever surplus remains, after provision is made for all present members of the tribe, shall be set apart, in 1 body of land, in compact form, under the direction of the President of The United States; and all such Shawnees as return to, and unite with the tribe, within 5 years from the proclamation of this instrument, shall

be entitled to the same quantity of lands, out of said surplus, and in the same manner, and subject to the same limitations and provisions as are hereinbefore made for those now members of the said tribe; and whatever portion of said surplus remains unassigned, after the expiration of said 5 years, shall be sold as hereinafter provided, the proceeds of all such sales shall be retained in the Treasury of The United States, until the expiration of 10 years from the proclamation of this instrument, after which time, should said absent Shawnees not have returned and united with the tribe, all the moneys then in the Treasury, or that may thereafter be received therein, as proceeds of the sales of such surplus land, shall be applied to, or invested for, such beneficial or benevolent objects among the Shawnees, as the President of The United States, after consulting with the Shawnee Council, shall determine; and should any such absent Shawnees return and unite with said tribe, after the expiration of the period of 5 years hereinbefore mentioned, and before the expiration of the said period of 10 years, the proper portion of any of said residue of lands, that then may remain unsold, shall be assigned to such persons; and if all said lands have been disposed of, an equitable payment in money shall be made to them out of the proceeds of the said sales. The aforesaid assignments and selections of lands in the tract lying between the Missouri State line, and the said parallel line, shall be made within 90 days after the approval of the survey of said tract, and if there be any individuals recognized as at present entitled to lands therein, under the provisions of this Article, who shall not have selected, or had selected for them, within said 90 days, their proper shares of land, the Shawnee Council shall select 1 or more disinterested persons, who shall, immediately after the expiration of such 90 days, make selections of lands for them, in the same manner, and subject to the same restrictions, as hereinbefore provided for minor orphan children, not members of a family, and for incompetent persons. And those residing on improvements west of the said parallel line, shall, within 60 days after the approval of the survey of the lands on which they live, make the selections of lands as, and to the amount, they are hereinbefore authorized to do. It is agreed that all the tracts of land, in this Article assigned, or provided to be assigned or selected, shall be assigned and selected according to the legal subdivisions of United States lands, and according to the laws of The United States respecting the entry of public lands, so far as said laws are applicable; and no portion of this instrument shall be so construed as to nullify or impair this stipulation. And the said Indians hereby cede, relinquish, and convey to The United States, all tracts or parcels of land which may be sold or are required to be sold in pursuance of any article of this instrument.