"Article 1. The several tribes of the New York Indians, the names of
whose chiefs, head men, warriors and representatives are hereunto
annexed, in consideration of the premises above recited, and the
covenants hereinafter contained, to be performed on the part of the
United States, hereby cede and relinquish to the United States all their
right, title and interest, in the lands secured to them at Green Bay by
the Menomonee treaty of 1831, except the following tract on which a part
of the New York Indians now reside: Beginning at the southwesterly corner
of the French grants at Green Bay, and running thence southwardly to a
point and line to be run from the little Cocalin, parallel to a line of
the French grants, and six miles from Fox river; from thence, on said
parallel line, northwardly six miles; from thence eastwardly to a point
on the northeast line of the Indian lands, and being a right angle to the
same.
"Article 2. In consideration of the above cession and relinquishment on
the part of the tribes of the New York Indians, and in order to manifest
the deep interest of the United States in the future peace and prosperity
of the New York Indians, the United States agree to set apart the
following tract of country, situated directly west of the State of
Missouri, as a permanent home for the New York Indians now residing in
the State of New York, or in Wisconsin, or elsewhere in the United
States, who have no permanent homes; which said country is described as
follows: Beginning on the west line of the State of Missouri, at the
northeast corner of the Cherokee tract, and running thence north along
the west line of the State of Missouri twenty-seven miles to the
southerly line of the Missouri lands: thence west so far as shall be
necessary, by running a line at right angles and parallel to the west
line aforesaid, to Osage lands; and thence easterly along the Osage and
Cherokee lands to the place of beginning; to include one million eight
hundred and twenty-four thousand acres of land, being three hundred and
twenty acres for each soul of said Indians, as their numbers are at
present computed. To have and hold the same, in fee simple, to the said
tribes or nations of Indians, by patent from the President of the United
States, issued in conformity with the third section of the act entitled,
'An act to provide for an exchange of lands with the Indians residing in
any of the States or Territories, and for their removal west of the
Mississippi,' approved on the 28th day of May, 1830, with full power and
authority in the said Indians to divide said lands among the different
tribes, nations or bands in severalty, with the right to sell and convey
to and from each other, under such laws and regulations as may be adopted
by the respective tribes, acting by themselves or by a general council of
the said New York Indians, acting for all the tribes collectively. It is
understood and agreed that the above described country is intended as a
future home for the following tribes, to-wit: The Senecas, Onondagas,
Cayugas, Tuscaroras, Oneidas, St. Regis, Stockbridges, Munsees and
Brothertowns, residing in the State of New York, and the same is to be
divided equally among them according to their respective numbers, as
mentioned in a schedule hereunto annexed.
"Article 3. It is further agreed that such of the tribes of the New York
Indians as do not accept and agree to remove to the country set apart for
their new homes, within five years, or such other time as the President
may from time to time appoint, shall forfeit all interest in the lands so
set apart, to the United States.
"Article 4. Perpetual peace and friendship shall exist between the United
States and the New York Indians; and the United States hereby guarantee
to protect and defend them in the peaceable possession and enjoyment of
their new home, and hereby secure to them, in said country, the right to
establish their own form of government, appoint their own officers, and
administer their own laws; subject, however, to the legislation of the
United States, regulating trade and intercourse with the Indians. The
lands secured to them by patent under this treaty shall never be included
in any state or territory of this Union. The said Indians shall also be
entitled in all respects to the same political and civil rights and
privileges that are granted and secured by the United States to any of
the several tribes of emigrant Indians settled in the Indian Territory.
"Article 5. The Oneidas are to have their lands in the Indian Territory,
in the tract set apart for the New York Indians, adjoining the Osage
tract, and that hereinafter set apart for the Senecas; and the same shall
be so laid off as to secure them a sufficient quantity of timber for
their use.
"Those tribes whose lands are not specially designated in this treaty are
to have such as shall be set apart by the President.
"Article 6. It is further agreed that the United States will pay to those
who remove west, at their new homes, all such annuities as shall properly
belong to them. The schedule hereunto annexed shall be deemed and taken
as a part of this treaty.
"Article 7. It is expressly understood and agreed that the treaty must be
approved by the President and ratified and confirmed by the Senate of the
United States, before it shall be binding upon the parties to it.
"It is further expressly understood and agreed that the rejection, by the
President and Senate, of the provisions thereof, applicable to one tribe
or distant branch of a tribe shall not be construed to invalidate as to
others; but as to them, it shall be binding and remain in full force and
effect.
"Article 8. It is stipulated and agreed that the accounts of the
commissioner and expenses incurred by him in holding a council with the
New York Indians, and concluding treaties at Green Bay and Duck Creek in
Wisconsin, and in the State of New York in 1836, and those for the
exploring party of the present treaty, shall be allowed and settled
according to former precedents."