any

the proceeds thereof to be expended, for the purposes hereinbefore recited, Improvements. in such manner as the Secretary of the Interior may think proper. And should of the tracts so to be sold have upon them improvements of any kind which were made by or for the Indians, or for government purposes, the proposals therefor must state the price for both the land and the improvements. And if, after assigning to all the members of the tribe entitled thereto their proportion of land in severalty, there shall remain a surplus of that portion of the reservation retained for that purpose, outside of the exterior boundaries of the lands assigned in severalty, the Secretary of the Interior shall be authorized and empowered, whenever he shall think proper, to cause such surplus to be sold in the same manner as the other lands to be so disposed of, and to apply the proceeds of such sale to the purposes and in the mode hereinbefore provided with respect to that portion of their present reservation not retained for distribution.

Debts of the

ARTICLE V. The Sacs and Foxes of the Mississippi being anxious paid, &c. to relieve themselves from the burden of their present liabilities, and it Indians to be being essential to their best interests that they should be allowed to commence their new mode of life, free from the embarrassments of debt, it is stipulated and agreed that debts which may be due and owing at the date of the signing and execution hereof, either by the said confederated tribes of Sacs and Foxes, or by individual members thereof, shall be liquidated, and paid out of the fund arising from the sale of their surplus lands, so far as the same shall be found to be just and valid on an examination thereof, to be made by their agent and the superintendent of Indian affairs for the central superintendency, subject to revision and correction by the Secretary of the Interior.

If proceeds of lands are insuf

ARTICLE VI. Should the proceeds of the surplus lands aforesaid prove insufficient to carry out the purposes and stipulations of this agree- ficient, other ment, and further aid be, from time to time, requisite to enable the Sacs moneys to be and Foxes of the Mississippi to sustain themselves successfully in agri- taken. cultural or other industrial pursuits, such additional means as may be necessary therefor shall be taken from the moneys due and belonging to them under the provisions of former treaties; and so much of said moneys as may be required to furnish them further aid as aforesaid shall be applied in such manner, under the direction of the Secretary of the Interior, as he shall consider best calculated to improve and promote their welfare. And, in order to render unnecessary any further treaty engagements or arrangements hereafter with the United States, it is hereby former treaties agreed and stipulated that the President, with the assent of Congress, shall have full power to modify or change any of the provisions of former treaties with the Sacs and Foxes of the Mississippi in such manner and to whatever extent he may judge to be necessary and expedient for their welfare and best interest.

Provisions of

may be changed.

All members of the tribe to

ARTICLE VII. The Sacs and Foxes of the Mississippi, parties to this agreement, are anxious that all the members of their tribe shall par- of the trein ticipate in the advantages herein provided for respecting their improvement and civilization, and to that end to induce all that are now separated to rejoin and reunite with them. It is therefore agreed that, as soon as practicable, the commissioner of Indian Affairs shall cause the necessary proceedings to be adopted to have them notified of this agreement and its advantages, and to induce them to come in and unite with their brethren; and to enable them to do so, and to sustain themselves for a reasonable time thereafter, such assistance shall be provided for them at the expense of the tribe as may be actually necessary for that permapurpose: Provided, however, That those who do not rejoin and nently reunite themselves with the tribe within one year from the date within one year of the ratification of this treaty shall not be entitled to the benefit of any of its stipulations.

To come in

Expenses of the treaty, &o.

Roads and highways.

Railroads.

Mixed and

half bloods and whole bloods intermarried

Post, p. 498.

ARTICLE VIII. All the expenses connected with and incident to the making of this agreement, and the carrying out its provisions, shall be defrayed out of the funds of the Sacs and Foxes of the Mississippi.

ARTICLE IX. It is agreed that all roads and highways laid out by authority of law shall have right of way through the lands within the reservation hereinbefore specified, on the same terms as are provided by law when roads and highways are made through lands of citizens of the United States; and railroad companies, when the lines pass through the lands of said Indians, shall have right of way on the payment of a just compensation therefor in money.

ARTICLE X. The Sacs and Foxes of the Mississippi being anxious to make some suitable provision for their mixed and half bloods, and such of their women, (whole bloods,) who have intermarried with white with white men. men, it is agreed that there shall be assigned to the mixed and half bloods of their tribe, and to such whole blood females as have intermarried with white men, at the date of this agreement, three hundred and twenty acres each; the location and allotments of said lands to be made out of that portion relinquished by this treaty to the United States in trust, provided the mixed or half bloods, and such females of their tribes as have intermarried with white men, desire to do so. The allotments to such of the mixed or half bloods as may be minors to be made by the agent of the tribe, subject to the confirmation and approval of the Secretary of the Interior; and in allotting lands to those provided for in this article, said allotments shall be made so as to include their improvements, (if any,) provided it can be done, and at the same time make said allotments conThomas Con- form to the public surveys. And it is further agreed between the parties nelly. to this agreement, that Thomas Connelly, a half-breed, and a member of the tribe who has been uniformly kind to his people, shall be permitted to so locate his three hundred and twenty acres as to include Randal's dwelling and trading-house, if it can be done so as to harmonize with the public surveys; and provided the said Connelly shall pay to the owner of said improvements a fair valuation therefor. The lands granted by this article shall remain inalienable except to the United States or members of the tribe, nor shall the mixed or half. bloods, or such females as have intermarried with white men, participate in the proceeds of the lands herein ceded.

Funds with

Vol. vii. p.

597.

ARTICLE XI. The United States also agree to cause to be paid to the held to be paid. tribe any funds that may have heretofore been withheld under the provisions of the fifth article of the treaty of one thousand eight hundred and forty-two, the same to be extended for their benefit, or paid in money, as the Secretary may direct.

Treaty when to take effect.

Execution.

ARTICLE XII. This instrument shall be obligatory on the contracting parties whenever the same shall be ratified by the President and the Senate of the United States.

In testimony whereof, the said Alfred B. Greenwood, commissioner as aforesaid, and the said chiefs and delegates of the Sacs and Foxes of the Mississippi, have hereunto set their hands and seals at the place and on the day and year hereinbefore written.

ALFRED B. GREENWOOD.

[L. S.]

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 twenty-seventh day of June, one thousand eight hundred and sixty, advise and consent to the ratification of the same, by a resolution in the words and figures following, to wit:

IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES, }

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 Sac and Fox agency, in the Territory of Kansas, on the first day of October, one thousand eight hundred and fifty-nine, by and between Alfred B. Greenwood, commissioner on the part of the United States, and certain chiefs and headmen representing the confederated tribes of Sacs and Foxes of the Mississippi. Attest: ASBURY DICKINS, Secretary.

Now, therefore, be it known that I, JAMES BUCHANAN, President of the United States of America, do, in pursuance of the advice and consent of the Senate as expressed in the resolution of the twenty-seventh day of June, one thousand eight hundred and sixty, accept, ratify and confirm said treaty.

In testimony whereof, I have caused the seal of the United States to be hereto affixed, having signed the same with my hand.

Done at the city of Washington, this ninth day of July, in the year of our Lord one thousand eight hundred and sixty, and of the independence of the United States of America the eighty

[L. 8.]

fifth.

By the President :.

JAMES BUCHANAN.

WM. HENRY TRESCOT, Acting Secretary of State.

Ratification.

Proclamation.

General Convention of Amity, Commerce, and Navigation, and for the Surrender of Fugitive Criminals, between the United States of America and the Dominican Republic; Signed at Santo Domingo February 8, 1867; Ratified by President of United States July 31, 1867; Exchanged at Santo Domingo October 5, 1867; Proclaimed by President of United States October 24, 1867.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.

Feb. 8, 1867.

WHEREAS, a general convention of amity, commerce, and naviga- Preamble. tion, and for the surrender of fugitive criminals, between the United States of America and the Dominican Republic, was concluded and signed by their respective plenipotentiaries, at the city of Santo Domingo, on the eighth day of February, one thousand eight hundred and sixtyseven, which convention, being in the English and Spanish languages, is word for word, as follows:

Contracting

The United States of America La República Dominicana y los and the Dominican Republic, equally Estados Unidos de América, igualanimated with the desire of main- mente animados del deseo de mantaining the cordial relations, and of tener las cordiales relaciones que extightening, if possible, the bonds of isten entre ambos paises, de estrefriendship between the two coun- char, si es posible, sus lazos de amistries, as well as to augment, by all tad, y de aumentar por todos los the means at their disposal, the com- medios que estan á su alcance las mercial intercourse of their respec- relaciones comerciales de sus retive citizens, have mutually resolved spectivos ciudadanos, mútuamente to conclude a general convention of han resuelto celebrar un convenio amity, commerce, and navigation, general de amistad, comercio y naveand for the surrender of fugitive gacion, y de entrega de reos prófucriminals. For this purpose they gos. Con este fin han nombrado have appointed as their plenipoten- por sus plenipotenciarios, á saber: el parties. tiaries, to wit: the President of the Presidente de la República DomiUnited States, John Somers Smith, nicana, á José Gabriel Garcia, Secommercial agent of the United cretario de Estado en el Despacho States at the city of Santo Domin- de Relaciones Exteriores, y á Juan go, and the President of the Domi- Ramon Fiallo, ex Secretario de Esnican Republic, José Gabriel Gar- tado en el de Hacienda; y el Presicia, Secretary of State in the De- dente de los Estados Unidos, á John partment of Foreign Relations, and Somers Smith, agente comercial Juan Ramon Fiallo, ex-Secretary of de los Estados Unidos en Santo the Treasury, who, after a commu- Domingo, los cuales, despues de hanication of their respective full berse comunicado sus respectivos powers, have agreed to the following plenos poderes, han convenido en articles: los artículos siguientes: