First. It is agreed between the undersigned, commissioners on behalf of
the United States and the chiefs and warriors representing the Menomonee
tribe of Indians, that for the reasons above expressed, such part of the
first Article of the agreement entered into between the parties hereto,
on the 8th instant, as limits the removal and settlement of the New York
Indians upon the lands therein provided for their future homes, three
years, shall be altered and amended so as to read as follows: That the
President of the United States shall prescribe the time for the removal
and settlement of the New York Indians upon the lands thus provided for
them; and at the expiration of such reasonable time, he shall apportion
the lands among the actual settlers in such manner as he shall deem
equitable and just. And if, within such reasonable time as the President
of the United States shall prescribe for that purpose, the New York
Indians shall refuse to accept the provisions made for their benefit, or,
having agreed, shall neglect or refuse to remove from New York, and
settle on the said lands, within the time prescribed for that purpose,
that then, and in either of these events, the lands aforesaid shall be
and remain in the property of the United States, according to the said
first article, excepting so much thereof as the President shall deem
justly due to such of the New York Indians as shall actually have removed
to and settled on the said lands.
"Second, It is further agreed that the part of the Sixth Article of the
agreement aforesaid, which requires the removal of those of the New York
Indians who may not be settled on the lands at the end of three years,
shall be so amended as to leave such removal discretionary with the
President of the United States; the Menomonee Indians having full
confidence that in making his decision he will take into consideration
the welfare and prosperity of their nation: Provided, That for the
purpose of establishing the rights of the New York Indians upon a
permanent and just footing, the said treaty shall be ratified with the
express understanding that two townships of land," &c. which goes on and
locates the different portion of lands to the several tribes or bands of
the New York Indians which was proclaimed, July 9, 1832.
"Whereas articles of agreement between the United States of America, and
the Menononee Indians, were made and concluded at the city of Washington,
on the 8th day of February A. D. 1831, by John H. Eaton, and Samuel C.
Stambaugh, commissioners on the part of the United States, and certain
Chiefs and headmen of the Menomonee nation, on the part of the said
nation; to which articles an addition or supplemental article was
afterwards made, on the 17th day of February, in the same year, by which
the said Menomonee nation agree to cede to the United States certain
parts of their lands: and that a tract of country therein defined, shall
be set apart for the New York Indians; all which, with the many other
stipulations therein contained, will more fully appear by reference to
the same. When said agreement thus forming a treaty, were laid before the
Senate of the United States, during their then session, but were not at
said session acted on by that body. Whereupon a further agreement was on
the fifteenth day of March, in the same year, entered into for the
purpose of preserving the provisions of the treaty made as aforesaid; by
which it is stipulated that the said articles of agreement concluded as
aforesaid, should be laid before the next Senate of the United States at
their ensuing session, and if sanctioned and confirmed by them, that each
and every article threof should be as binding and obligatory upon the
parties respectively as if they had been sanctioned at the previous
session; and whereas, The Senate of the United States, by their
resolution of the twenty fifth day of June, 1832, did advise and consent
to accept, ratify, and confirm the same, and every clause and article
thereof, upon the conditions expressed in the proviso contained in their
said resolution, which proviso is as follows: Provided, That for the
purpose of establishing the right of the New York Indians on a permanent
and just footing, the said treaty shall be ratified, with the express
understanding that two townships of land, &c.," as in article second
above.
"Whereas, Before the treaty aforesaid, conditionally ratified, according
to the proviso to the said resolution of the Senate, above recited, could
be obligatory upon the said Menomomee nation, their assent to the same
must be had and obtained." Which was done after some modifications
respecting the location of the portion of land for the New York Indians.
And as the modifications so made and desired, was acceded to also by the
New York Indians, which was as follows:
"To all to whom these presents shall come, the undersigned chiefs and
head men of the sundry tribes of the New York Indians (as set forth in
the specifications annexed to their signatures), send greeting:
"Whereas, a tedious, perplexing and harassing dispute and controversy
have long existed between the Menomonee Nation of Indians and the New
York Indians, more particularly those known as the Stockbridge, Munsee
and Brothertown tribes, the Six Nations and the St. Regis tribe. The
treaty made between the said Menomonee Nation and the United States, and
the conditional ratification thereof by the Senate of the United States
being stated and set forth in the within agreement, entered into between
the chiefs and head men of the said Menomonee, and George B. Porter,
Governor of Michigan, commissioners specially appointed, with
instructions referred to in the said agreement.
"And whereas, the undersigned are satisfied and believe that the best
efforts of the said commissioners were directed and used to procure, if
practicable, the unconditional assent of the said Menomonees to the
change proposed by the Senate of the United States in the ratification of
the said treaty, but without success.
"And whereas, the undersigned, further believe that the terms stated in
the within agreement are the best practicable terms short of those
proposed by the Senate of the United States, which could be obtained from
the said Menomonees; and being asked to signify our acceptance of the
modifications proposed, as aforesaid, by the Menomonees, we are compelled
by a sense of duty and propriety to say that we do hereby accept of the
same. So far as the tribes to which we belong are concerned, we are
perfectly satisfied that the treaty should be ratified on the terms
proposed by the Menomonees. We further believe that the tract of land
which the Menomonees in the within agreement are willing to cede, in
exchange for an equal quantity on the northeast side of the tract of five
hundred thousand acres, contains a sufficient quantity of good land,
favorably and advantageously situated, to answer all the wants of the New
York Indians and St. Regis tribe. For the purpose, then, of putting an
end to strife, and that we may sit down in peace and harmony, we thus
signify by our acceptance of the modifications proposed by the
Menomonees; and we most respectfully request that the treaty as now
modified by the agreement this day entered into with the Menomonees, may
be ratified and approved by the President and Senate of the United
States.
"Proclaimed March 13th, 1835."