United States. Congress United States.

Acts passed at the first session of the 1st Congress - 3d session of the ... online

. (page 55 of 59)
Online LibraryUnited States. Congress United StatesActs passed at the first session of the 1st Congress - 3d session of the ... → online text (page 55 of 59)
Font size
QR-code for this ebook


affixed their seals.



vorbehaltlkh der Ratification
Seiner Koeniglichen Hoheit
des Herzogs von Nassau,
und OS soil, die Auswechsc-
lung der Ratifications- Urkun-
den innerhalb zwoelf Mona-
ten, voxn Tage der Unter-
j&eichnuRg des gegenwaerti-
gen Vertrages an gerechnet,
oder friiher, wenn es moglich
ist, 2u Berlin stattfmdcn.

In Urkund dessen haben Signed m En*-
die beiderseitigen BevoU- Jj^^J'^ «jj^ ^^'
maechtigten obstehende Ar-^^4'g, "^
tikel, sowohl in Englischer
als in Deutscher Sprache un-
terzeichnet, and Uire Siegel
beigedrueckt.

Ausgestellt in drei Exem-
plaren zu Berlin, den 27'"
Mai, Ein Tausend Acht Hun-
dert Sechs und Vierztg, im
siebzigsten Jahre der Unab-
haengigkeit der vereinigten
Staaten von Nord America,
und im siebenten Jahre der
Regierung Seiner Koenigli-
chen Hoheit des Herzogs von
Nassau.
Otto Wilhelm Carl Von

ROEDER. [l. S.]

And whereas the said Convention has been duly ratified excb*imaM>c-
on both parts, and the respective ratifications of the same lober i3th,i34G.
were exchanged at Berlin, on the thirteenth day of October,
one thousand eight hundred and forty-six, by Andrew J.
Donelson, Envoy Extraordinary and Minister Plenipotentiary
of the United States, and the Colonel and Chamberlain Otto
Wilhelm Carl Von Roeder, etc., etc., Minister Resident of
His Royal Highness the Duke of Nassau, near the Govern-
ment of Prussia, on the part of their respective Governments :

Now, THEREFORE, BE IT KNOWN that I, JAMES K. Convention

POLK, President of the United States of America, have proclaimed Jan^
caused the said Convention to be made public, to the end'**'/®! *S47,
that the same, and every claUse and article thereof, may be
observed and fulfilled with good faith, by the United States
and the citizens thereof.

In witness whereof, I have hereunto set my hand, and
caused the seal of the United States to be affixed.

Digitiz-ed by VjOOQIC



Done in triplicata, in the
city of Berlin, on the twenty-
se^enth day of May, one
thousand eight hundred and
forty-six, in the seventieth
year of the independence of
the United States of Amer-
ica, and the seventh of the
reign of His Royal Highness
llie Duke of Nassau.

Henry Wheaton. [l. s.]



1847. 178

Done at the City of Washington, this sixth day of Jan-
uary, in the year of our Lord, one thousand eight
[seal.] hundred and forty-seven, and of the Independence
of the United States the seventy-first.

JAMES K. POLK.
By the President :

James Buchanait, Secretary of State.



Digitized by



Google



CONVENTION WITH PERU FOR THE 8 A.TISF ACTION OP IQ47
CLAIMS OF AMERICAN CITIZENS, &c. — ii^;*^



CONCLUDED MARCH 17, 184L



By the President of the United States of America :

A PROCLAMATION,

«

Whereas a Convention between the United States of Ame- Convention
rica and the republic of Peiru was concluded and signed JL^^H^Y" ^^^
at Lima, by tiieir respective Plenipotentiaries, on the *
seventeenth day of March, in the year of our Lord, one
thousand eight hundred and forty-one, which Convention
is, worJ. for word, as follows :

The United States of America and the republic of Peru, pygnnible,
desirous cf consolidating permanently the good understand-
ing and friendship now happily existing between the parties,
have resolved to arrange and terminate their differences and
pretensions by means of a Convention that shall determine
exactly the responsibilities of Peru with respect to the claims
of certain citizens of the United l^tates against her : And
with thin intention,, the President of the United States has
appointed James C. Pickett, charge d'affaires of said States ^^^^jj^^^j^
near Peru, and his excellency the President of the republic
of P^eru lias appointed Don Manuel del Rio, principal officer
of the dcp irtment of finance, acting minister of the same
departmf nt and supernumerary councillor of State, and both
commissioners, after having exchanged their powers, have
agreed upon and signed the following articles :

ARTICi«£ L

The Peruvian Government, in order to make full satisfac- The Peruvian
tion for various claims of citizens of the United States, on^'*°t *o P*y
account of seizures, captures, detentions, sequestrations, and ^J^'S?e dales
confiscations of their vessels, or for the damage and de-of American
struction of them, of their cargoes, or other property, at sea, citiMnifiwrcap-
and in tlie ports and territories of Peru, by order of said Uom* lequc?.
Government of Peru, or under its authority, has stipulated trations, &c. of
to pay to the United States the sum of three hundred thou- ^^"^ P»perty,
sand dollars, which shall be distributed among the claimants,
in the manner, and according to the rules that shall be pre-
scribed by the Government of the United States.

Article II.

The sum of three hundred thousand dollars, which the Tol>e paid at
Government of Peru has agreed to pay, in the pi^^ceding J^'^^^JJ^ A*"!
article, si mil be paid at Lima, in ten equal annual instal- stalmenta.
merits, of thirty thousand dollars each, to the person or per-
sons that may be appointed' by the United States to receive



Digitized by



Google



1847. 180

it. The first instalment shall be paid on the first day of
January, in the year one thousand eight hundred and forty-
four, and an instalment on the first day of each succeeding
January, until the whole sum of tliree hundred thousand
dollars shall be paid.

Article III.

Interest— how The Peruvian Groyernment agrees also to pay interest on
to be computed the before mentioned sum of three hundred thousand dollars,
P** ' at the rate of four per centum per annum, to be computed

from the first day of January, one thousand eight hundred
and forty-two, and the interest accruing on each.in>talment
shall be paid with the instalment. That is to say, interest
shall be paid on each annual instalment, from the fust day
of January, one thousand eight hundred and fortj'-two.

Article IV.

Annual pay- All the annual payments made on account of the three
™«nts . *o oe hundred thousand dollars shall be paid in hard di.'llars of
d^Uan'&c. ^ same standard and value as those now coined at the mint
in Lima, and the annual payments, as well as the riccming
interest, may be exported from Peru free of all duly what-
ever.

Article V.

What inderani- There shall not be demanded of the Government of Peru

t*«»n^«y ^''nyany other payment or indemnification, on account of any

ed. from"*iflie d^iim of the citizens of the United States that was presented

Oov'ntof Peru, to it by Samuel Lamed, Esq., when charg6 d^afiaires of the

United States near Peru. But the claims subsequent to

those presented by Mr. Larned to the Government uf Peru

shall be examined and acted upon hereafter.

• Article VI.

How eicb SD- It is further agreed that the Peruvian Government shall
Dual i^taloMnt have the option of paying each annual instalment, \Nhen it is
maj pai , «• J^^^ ^jq^ orders on the custom-house at Callao, which shall
be endorsable in sums of any amount, and receivaLle in the
Treasury as cash, in payment of duties on importatiiius of aJi
kinds ; and the orders shall be given in such a manner as,
that in case similar orders shall be at a discount in the mar-
ket, the full value of each annual payment shaU be secured
and made good to the United States, as though it had been
paid in ca^, at the time of its falling due ; and any loss oc-
casioned by discount^ or delay in the collection, shall be
bome and made good by the Peruvian Government.

Article VII.
CoBTCBtiMi This convention shall be ratified by the contracting par-
Digitized by VjOOQIC



181 1847.

ties, and the ratifications shall be exchanged within two subject to ratifi-
yearsTnJin its date, or sooner, if possible, after having been *^|^f!°"- ^^**fi-
approvt J by the President and Senate of the United States, changed wiihin
and by the Congress of Peru. two years from

In witness whereof, the respective commissioners have^*^*'
signed the same, and affixed thereto their seals.

Dont in triplicate at the city of Lima, this seventeenth Signed at Lima
day of March, in the year of our Lord one thousand eight jg^*}^ March,
hundred and forty-oh#»

J. C. PICKETT, [seal.]
MANUEL DEL RIO. [s£al.]

And whereas the seventh article of the said convention re- Ratifications hot
quired tliat the ratifications of the contracting parties should *^f""^'^®"«u^'
be exclmnged within two years from its date, which provi- tii^^time^ prif-
sion WHS not observed by the said parties owing to delays in scribed by the
the ratification rendering such exchange impracticable within '**• tinted ****
the timt' stipulated : And whereas it appears that the duly thorities of Peru
constituted authorities of the Republic of Peru did, on tlie J>J» on 2ist Oc-
21st of October, 1845,' by law approve iii all respects Uie ^^^^^^ *^f 'J^Pj
said coitvention,. with tlie condition, however, that the first convention with
annual instalment of thirty thousand dollars on account of the certain condi-
principnl of the debt recognised thereby, and to which the
second article relates, should begin from the 1st of January,
1846, and the interests on this annual sum, according to ar-
ticle III, should be calculated and paid from the 1st of Jan-
uary, 18 12 : And whereas the said .convention and the afore-
said modification thereof have been duly ratified, and the re- Ratifications
.spectivc ratifications of the same were exchanged in the city ^^^^J^'^^gJI**
ot' Limn on the thirty-first day of October last, by Albert G. ' . '

Jewett on the part of the United States, and Manuel del Rio
on the part of the Republic of Peru;

Now, THEREFORE, BE IT KNOWK that I, JAMES K. Proclaimed 8th

POLK, President of the United States of America, have January, 1847.
caused the said convention, and the modification thereof, to
be macJu public, to th6 end that the same, and every article
and clause thereof, may be observed and fulfilled with good
faith by the United States, and the citizens thereof.

In witness whereof, I have hereunto set ray hand, and
caused the seal of the llnited States to be affixed.

Don(i at the City of Washington, this eighth day of Jan-
uary, in the year of our Lord, one thousand eight
[seal.] hundred and fbrty-seveii, and of the Independence
of the United States the seventy-first.

JAMES K. POLK.
By the President :

James Buchanan, Secretary of Slate.



Digitized by



Google



1847. TREATIES WITH INDIAN TRIBEn.



WINNEBAGOES.



JAMES K. POLK,

PRESIDENT OJF THE UNITED STATES OF AMERICA,

to ALL AND SINGULAR TO ^VHOM THESE PRESE^TS SHALL
COME, GREETING :

"Whereas a treaty was made and concluded at the City vi
Washington, on the thirteenth day of October, in the year
one thousand eieht hundred and forty-six, between iht
United States of me one part, by their commissioners, Albion
K. Parris, John J. Abert, and T. P. Andrews, and -the Win-
nebago tribe of Indians of the other part, by a full delegation
of said tribe specially appoifited by the chiefs, head men,
and wariiors thereof: which treiity is, word for wurd, as fol-
lows, to wit : •

Treaty with <he Articles of a treaty made and concluded at the Ci'j; of Wcsh-
Winneba^oc^ . ^^^gton^ Oil the thirteenth day of October^ in the year cnt
tob«» 13, 1846. thousand eight hundred and forty-sir, between the United
States, of the one part, by their cornmissioners, .Albion K.
Pdrrisy John J. Abert, and T. P. Andrews, and the Wtn- \
nebago tribe of Indiana, of the other part, by a full delegc-^
tion of said tribe specially appointed by the chiefs^ hend
men, and warriors tliereof.

Article 1.

Peace and It is solemnly agreed, that the peace and friendship whici
prev^K''^ ^"^ exist between the people of the United States ami the Win-
nebago Indians shall be perpetual. The said tribe of In-
dians giving assurance, hereby, of fidelity ahd fric^ndship t*
the Government and people of the United States, and tie
United States giving to them, at the same time^ promise of
all proper care and parental protection.

Article 2.

Lands ceded to The Said tribe of Indians hereby agree to cede and sell.
the U. States, ^^j ^^ j^^^^^^ ^^^^ ^^ ^^j ^^ ^^^ \:m\,ed States, all Ti^:\

title, interest, claim, aiKl privilege to all lands, wherevia
situated) now or heretofore occupied or claimed by said '



. 183 1847>

dians, within the States and Territories of the United States,
and especially to the country now occupied, inhabited, or in
any way used by them, called the " Neutral Ground," which
tract of country was assigned to. said Indians by the 2d arti-
cle of the treaty of Fort Armstrong, concluded on the 15th
day of September, 1832, and ratified on the 13th day of
February following.

Article 3.

In consideration of the foregoing purchase from, or cession In consideration
by the said Indians, the United States hereby agree to pur- gjon the Unifed
chase and give to the said Indians, as their home, to be held States agree to
as aU Indians' lands are held, a tract of country north of St. P^'^l'f f If '^!
Feters ana west, of the Mississippi nvers, of not less than their home, a
eight hundred thousand acres, which shall be suitable to their tract of countnr
habits, wants, and wishes : Provided^ Such land can be ob- Petcr's & wwt
tained onjust and rea3onable terms. «f the Missia-

sippi rivers.

Article 4,

The United States agree to pay to said tribe of Indians '^^ ^- ^- •R'^J
the sum of one hundred and fifty thousand dollars for the induu^ 1^150,-
land,'andthe sum of forty thousand dollars for release of ooo for the land
hunting privileges, on the lands adjacent to their Present '"j^J^^J^JjJI'
home, making the sum of one hundred and ninety thousand ing privileges
dollars, being in further consideration of the cession or sale ?" ^^ lands ad-
made to the United States by the 2d article of this treaty ;|fr^^gJ^t^^oiM**^
to be paid as follows : Forty thousand dollars to enable them kow to be ap-
to comply with their present iust engagements, and to cover P^!*^*-
the expenses of exploring and selecting (by their own people,
or by an agent of their own appointment) their new home ;
twenty thousand dollars in consideration of their removing
themselves; and twenty thousand dollars in consideration of
their subsisting themselves the first year after their removal ;
ten thousand dollars to be expended for breaking up and
fencing lands, under the direction of the President of the
United States, at their new home ; ten thousand dollars to
be set apart and applied under the direction of the President
to the creation and carrying on of one or more manual labor
schools for the benefit of said tribe of Indians ; and five thou-
sand dollars for building a saw and grist mill. The balance Balance of $85,-
of said sum of one hundred and ninety thousand dollars, viz: ^'Jf^l'' "JJ^""^
eighty-five thousand dollars, to remain in trust with the United States,
United States, and five per cent, interest thereon to be paid atfivepercentC
annually to said tribe, or applied for their benefit, as the *"*•'*'
President of the United States may, from time to time, direct,
for the period of thirty years, which shall be in full payment
of tiie said balance : 'Provided ^ That no part of the said con- Proviso.

Digitized by VjOOQ IC



J«47.



iU



sidcration moneys shall be paid until after the arrival of said
tribe of Indians at their new home, and appropriations sh^^I
have been made by Congress ; and that the .sums for meet-
ing their present engagements, for removal and subsistence,
and for exploring their new home, shall be paid to the chiefs
in open council, in such manner as they in said council shall
request.

Article 5,

S'aiil Indians (o It IS further agreed by the parties to this treaty that tte
remove to iheir gg^y ^^ibe of Indians shall remove to their new home within
one year Jroin One year after the ratification of this treaty, and their new
ratification of home shall have been procured for them, and they duly noti-
ihU treaty. fied of the same.

Article 6.



President may
athisdescretion
direct a portion
of the inonej
now paid in
^oods to be ap-
plied to the pur-
chase of provi-
sions.



Sigrned Oct. IS,
1846.



It is further agreed by the parties to this treaty, that the
President may, at his discretion, (should he at any time be
of opinion that the interest of the Indians would be thereby
promoted,) direct that any portion of the 'money, not exceed-
ing ten thousand dollars per annum, now paid in goods, as
provided for by the last clause of the 4th article of the treaty
of the 1st of November, 1837, be applied to the purchase of
additionL^l provisions, or to other purposes.

In testimony whereof, the commissioners, Albion K. Par-
ris, John J. Abert, and T. P. Andrews, and the undersigned
chiefs, head men, and delegates of the Winnebago tribe ol
Indians, have hereunto subscribed their names and affixed
their seals, at the City of Washington, this thirteenth day ot
October, one thousand eight hundred and forty-six.

C Albion K. Parris, [seal.^
Commissioners. < John J. Abert, [seal.'
( T. P. Andrews, [seal. ^



Hoong-ho-DO*kaw,

Is-jaw-go-bo-kaw,

Co-no-ha-ta-kaw,

Naw-hoo-skaw-kawy

Shortng-skaw-kaw,

Kooz-a-ray-kaw,

Waw-ma-noo-ka-kaw,

Ha-naw— hoong-per-kaw,

Wo-gie-qua-kaw,

Waw-kon- cha w-she-shick-ka w,

Chas-chun-kaw,

I^aw-hey-kee-kaw,

Ah-hoo-zheb-kaw,

Waw-roo-jaw-hee-kaw,

Baptist-Lasalica,



his X mark,


seal.


his X mark,


seal.


his X mark.


■jseaJ.


his X mark,


seal.


his X mark.


seal.'


his X mark,


*seal.


bis X mark.


seal.


his X mark.


seal.


his X mark,


seal.


his X mark|


seal.


his X mark,


seal.


his X mark.


'seal.


his X mark,-


seal.


his X mark,


seal.


his X mark,


seal.


Digitized by CjOOQIC





185



1847.



Waw-kon-chaw-per-kaw, his x mark,


seal."


Kaw-how-ah-kaw, his x mark,


seal.


Hakh-ee-nee-kaw, his x mark,


seal.^


Waw-kon-chaw-ho-no-kaw, his x mark,


seal.^


Maw-hee-ko-shay-naw-zhee-ka\v, his x mark,


seal.'


Maw-nee-ho-no-nic, his x mark,


seal.'


Maw-ho-kee-wee-kaw, his x mark,


sea].;


Sho-go-nee-kaw, his x mark.


seal.;


Watch-ha-ta-kaw, )
By Henry M. Rice, his delegate, J


;seal.]


WITNESSES,





Interpreters.



John C. MuUay, Secretary to Board of Commissioners.
J. E. Fletcher, Sub-agent.
S. B. Lowry,
Peter Mananaige,
Antoine Grignon,

his
Simeon x Lecure,

mark.
H. L. Dousraan.
Richard Chute.
John Haney.
George Cahn.
James Maher.



•Now, THEttEFO^lE, BE IT KNOWN that I, JAMES K. Ratificil Febru-

POLK, President of the United States of America, having ary 4, 1817.
seen and considered said treaty, do, in pursuance of the ad-
vice and consent of the Senate, as expressed in their resolu-
tion of the first day of February, eighteen hundred and forty-
seven, accept, ratify, and confirm the same, and every article
and clause thereof..

In TESTIMONY WHEREOF, I havc causcd the seal of the
United States to be hereunto affixed, having signed the same
with my hand.

Done at the City of Washington, the fourth day of Febru-
ary, in the year of our Lord one thousand ei^t
[seal.] hundred and forty-seven, and of the Independence '

of the United States the seventy-first.

JAMES K. POLK.
By the President :

James Buchanan, Secretary of State,



Digitized by



Google



1847. COMANCHES AND OTHER TRIBES.



JAMES K. POLK,

PRESIDENT OF THE UNITED STATES OF AMERICA,

TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL
' COME, GREETING :

Whereas a treaty was made and concluded at Council
Springs, in the county of Robinson, Texas, near the Brazos
river, on the fifteenth day of May, A. D. one thousand eight
hundred and forty-six, between P. M. Butler and M. G.
Lewis, commissioners on the part of the United States of
America, of the one part, and the chiefs, counsellors, and
warriors of the Comanche, I-on-i, Ana-da-ca, Cadoe, Lepan,
Long-wha, Keechy, Tah-wah-carro, Wichita, and Wacoe
tribes of Indians, and their associate bands, in behalf of
their said tribes, of the other part ; which treaty is, word for
word, as follows, viz :

Treaty with the Jlrticks of a treaty made and concluded at Council Springs^

othTr^^^tribes-*^^ <A€ county of Robinsoji, Texas, near the Brazos river y this

concluded May 15^^ day of May^ A> D. 1846, between P. M. Butler. and

loth, 1846. . Jif. G. Lewis J commissioners on the part of the United States

of the on£ party and the undersigned chief Sy counsellorSy and

loarriors of the ComanchCy I-on-iy Ann-da-cay Cadoe y I^poJiy

Long-whuy Keechy y Tah-wa-carrOy Wichitay and Wacoe tribes

of Indians and their associate bands y in behalf of their said

tribesy on th£ other part.

Article L

Said tribes or The undersigned, chiefs, warriors, and counsellors, for

"^d^'^^th*^ ^ themselves and their said tribes or nations, do hereby ac-

protection of the knowledge themselves to be under the protection of the

united States. United States, and of no other power. State, or sovereignty

whatever.

Article' IL

The U. S. to It is stipulated and -agreed by the said tribes or nations,

exclllive right ^^d ^^^^^ associate bands, that the United States shall have

to reflate trade the sole and exclusive right of regulating trade and inter-

^.i'^^'^T^^""® course with them, and they do hereby respectively engage to

with said tribes, /r i x i.- x v '1.11*1.^ "L °^, ,,

afford protection to such persons, with their property, as shall

be duly licensed to reside among them for the purpose of
trade and intercourse, afnd to their agents and servants ; but
No person to ^q person shall be permitted to reside araiong them as a
themes a'tnulef trader, who is not furnished with a license for that purpose,
^ho is not fur- under the hand and seal of the superintendent to be appoint-
HciliM (or^tha*^^ ^^ ^^^ President of the United States, or such other per-
pnrpose. SOU as the President shall authorize to grant such licenses,



Digitized by



Google



187 1847.

to the end that said Indians may not be imposed on in their

trade ; and if any licensed trader shall abuse his privilege by

unfair dealing, upon complaint by the chiefs to their agents, Unfair dealinii;-

and proof thereof, his license shall be taken from him, and^^^P'*""*^*^'^-

he shall be further punished according to the laws of the

United States ; and if any person shall intrude himself as a

trader without such license, upon complaint he ;shall be dealt

with according to law.

Article III.

The United States resen-es to itself the right of working This article
such mines as may be found within the Indian territory, and struck out by
the said tribes pledge themselves to protect such persons as ® ^"'^ ^'
the President of the United States may send among them
for that purpose. In order to guard against the perpetration
of frauds upon the Indians, under pretext of hunting and
working mines, no person shall be permitted to go among
them for that purpose, except by express license from the
President of the United States.

Aeticle IV.

The said tribes and their associate bands agree to deliver All white per-
by the first day of November next, to the superintendent of *°"* ^^ "V
Indian affairs to be appointed by the President, at such place foners with sa7a
as he may direct, due notice of which shall be given to the Indians to be
said tribes, all \Chite persons, and negroes, who are now ^®**^^'^®^ "^^'
prisoners among any of the said tribes or nations, for which
the United States agree to make to them a fair compensa-
tion ; and the United States further agree to make all the
prisoners taken from said tribes by Texas or the United Pe"0"s taken
States, shall be delivered up to the said tribes, at the same jJ^^J^^ \"^^^
tftne and place, without charge. And when any member of delivered up.
any of said tribes or nations, and their associate bands, hav-
ing in his, possession an American prisoner or prisoners,
white or black, shall refuse to give, them up, the President of
the United States shall have the privilege of sending among
said tribes or nations such force as he may think necessary
to take them ; and the chiefs of the nations or tribes, parties
to this treaty, pledge themselves to give protection and as-
sistance to such persons as may be sent among them for this
purpose.

Article V.
The said tribes orliations shall have the right of sending This article
delegates to the city of Washington whenever they n^aj th^sllna^e* ^^
think their interest requires it.



Online LibraryUnited States. Congress United StatesActs passed at the first session of the 1st Congress - 3d session of the ... → online text (page 55 of 59)