Timber to be protected.

Vol. xiv. p. 651.

School moneys, &c.

Execution.

receiving allotments within the reservation; and it is further agreed that those now residing outside of the boundaries of the reservation and who may continue to so reside shall be protected by the military authorities in their rights upon the allotments occupied by them, and also in the privilege of grazing their animals upon surrounding unoccupied lands.

ARTICLE II. It is further agreed between the parties hereto that the stipulations contained in the 8th article of the treaty of June 9th, 1863, relative to timber, are hereby annulled as far as the same provides that the United States shall be permitted to use thereof in the maintaining of forts or garrisons, and that the said Indians shall have the aid of the military authorities to protect the timber upon their reservation, and that none of the same shall be cut or removed without the consent of the head chief of the tribe, together with the consent of the agent and Superintendent of Indian Affairs, first being given in writing, which written consent shall state the part of the reservation upon which the timber is to be cut, and also the quantity, and the price to be paid therefor.

ARTICLE III. It is further hereby stipulated and agreed that the amount due said tribe for school purposes and for the support of teachers that has not been expended for that purpose since the year 1864, but has been used for other purposes, shall be ascertained and the same shall be reimbursed to said tribe by appropriation by Congress, and shall be set apart and invested in United States bonds and shall be held in trust by the United States, the interest on the same to be paid to said tribe annually for the support of teachers.

In testimony whereof the said Commissioner on the part of United States and the said chiefs representing said Nez Percé tribe of Indians have hereunto set their hands and seals this 13th day of August, in the year of our Lord one thousand eight hundred and sixty-eight, at the city of Washington, D. C. N. G. TAYLOR,

Ratification.

Proclamation.

In presence of

[L. S.]

Commissioner Ind'n Affr's.
LAWYER, Head Chief Nez Percés.

[L. s.]

his

CHARLES E. Mix.

mark.

ROBERT NEWELL, U. S. Agt.

W. R. IRWIN.

And whereas, the said amendatory treaty having been submitted to the Senate of the United States for its constitutional action thereon, the Senate did, on the sixteenth day of February, one thousand eight hundred and sixty-nine, 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,

February 16, 1869.

Resolved, (two thirds of the senators present concurring), That the Senate advise and consent to the ratification of the treaty between the United States and the Nez Percé tribe of Indians, concluded at Washington, D. C., August 13, 1868.

Attest:

GEO. C. GORHAM,
Secretary.

Now, therefore, be it known that I, ANDREW JOHNSON, President of the United States of America, do, in pursuance of the advice and con

sent of the Senate, as expressed in its resolution of the sixteenth of February, one thousand eight hundred and sixty-nine, accept, ratify, and confirm the said amendatory treaty.

In testimony whereof I have hereto signed my name, and caused the seal of the United States to be affixed.

Done at the city of Washington this twenty-fourth day of February, in the year of our Lord one thousand eight hundred and sixty[SEAL.] nine, and of the Independence of the United States of America the ninety-third. ANDREW JOHNSON.

APPENDIX.

[No. 1.]*

ABRAHAM LINCOLN,

PRESIDENT OF THE UNITED STATES OF AMERICA,

TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING:

KNOW ye that, whereas a paper bearing date the thirty-first day of December last, purporting to be an agreement between the United States and one Bernard Kock, for immigration of persons of African extraction to a dependency of the Republic of Hayti, was signed by me on behalf of the party of the first part; but whereas the said instrument was and has since remained incomplete, in consequence of the seal of the United States not having been thereunto affixed; and whereas I have been moved by considerations, by me deemed sufficient, to withhold my authority for affixing the said seal.

Now therefore be it known that I, ABRAHAM LINCOLN, President of the United States, do hereby authorize the Secretary of State to cancel my signature to the instrument aforesaid.

[SEAL.]

Done at Washington, this sixteenth day of April, in the year of our
Lord 1863.

By the President:

ABRAHAM LINCOLN.

WILLIAM H. SEWARD, Secretary of State.

April 16, 1863.

Preamble.

Signature of the President of the United States to an agreement with one Bernard Fock, cancelled

No. 2.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Sept. 8, 1867.

A PROCLAMATION.

WHEREAS, by the Constitution of the United States, the executive power is vested in a President of the United States of America, who is bound by solemn oath faithfully to execute the office of President, and to the best of his ability to preserve, protect and defend the Constitution of the United States; and is by the same instrument made Commander-in-Chief of the army and navy of the United States, and is required to take care that the laws be faithfully executed;

And whereas, by the same Constitution, it is provided that the said Constitution and the laws of the United States which shall be made in pursuance thereof shall be the supreme law of the land, and the judges in every State shall be bound thereby;

And whereas in and by the same Constitution the judicial power of the United States is vested in one Supreme Court and in such inferior courts as

Preamble.

This Proclamation, omitted by oversight to be published with other contemporaneous ones, is printed here to make the list complete.

All persons warned against obstructing the execution of, and enjoined obedience to, the constitution

and the laws.

Officers of army and navy to assist civil authorities, &c.

Congress may, from time to time, ordain and establish, and the aforesaid judicial power is declared to extend to all cases in law and equity arising under the Constitution, the laws of the United States, and the treaties which shall be made under their authority;

And whereas all officers, civil and military, are bound by oath that they will support and defend the Constitution against all enemies, foreign and domestic, and will bear true faith and allegiance to the same;

And whereas all officers of the army and navy of the United States, in accepting their commissions under the laws of Congress and the rules and articles of war, incur an obligation to observe, obey, and follow such directions as they shall from time to time receive from the President or the General, or other superior officers set over them, according to the rules and discipline of war;

And whereas it is provided by law that whenever, by reason of unlawful obstructions, combinations, or assemblages of persons, or rebellion against the authority of the Government of the United States, it shall became impracticable, in the judgment of the President of the United States, to enforce, by the ordinary course of judicial proceedings, the laws of the United States within any State or Territory, the Executive in that case is authorized and required to secure their faithful execution by the employment of the land and naval forces;

And whereas impediments and obstructions, serious in their character, have recently been interposed in the States of North Carolina and South Carolina, hindering and preventing for a time a proper enforcement there of the laws of the United States, and of the judgments and decrees of a lawful court thereof, in disregard of the command of the President of the United States;

And whereas reasonable and well-founded apprehensions exist that such illadvised and unlawful proceedings may be again attempted there or elsewhere: Now, therefore, I, ANDREW JOHNSON, President of the United States, do hereby warn all persons against obstructing or hindering in any manner whatsoever the faithful execution of the Constitution and the laws; and I do solemnly enjoin and command all officers of the Government, civil and military, to render due submission and obedience to said laws, and to the judgments and decrees of the courts of the United States, and to give all the aid in their power necessary to the prompt enforcement and execution of such laws, decrees, judgments, and processes.

And I do hereby enjoin upon the officers of the army and navy to assist and sustain the courts and other civil authorities of the United States in a faithful administration of the laws thereof, and in the judgments, decrees, mandates, and processes of the courts of the United States; and I call upon all good and well-disposed citizens of the United States to remember that upon the said Constitution and laws, and upon the judgments, decrees, and processes of the courts made in accordance with the same, depend the protection of the lives, liberty, property, and happiness of the people. And I exhort them everywhere to testify their devotion to their country, their pride in its prosperity and greatness, and their determination to uphold its free institutions by a hearty co-operation in the efforts of the Government to sustain the authority of the law, to maintain the supremacy of the Federal Constitution, and to preserve unimpaired the integrity of the national Union.

In testimony whereof, I have caused the seal of the United States to be affixed to these presents, and sign the same with my hand.

Done at the city of Washington the third day of September, in the year [L. 8.] one thousand eight hundred and sixty-seven.

By the President:

ANDREW JOHNSON.

WILLIAM H. SEWARD, Secretary of State.