"Whereas, With the approbation of the President of the United States, purchases were made by the New York Indians from the Menomonees and Winnebago Indians of certain lands at Green Bay, in the Territory of Wisconsin, which, after much difficulty and contention with those Indians concerning the extent of the purchase, the whole subject was finally settled by a treaty between the United States and the Menomonee Indians, concluded in February, 1831, to which the New York Indians gave their assent on the seventeenth day of October, 1832: and
"Whereas, By a provision of that treaty, five hundred thousand acres of land are secured to the New York Indians of the Six Nations and the St. Regis tribe, as a future home, on the condition that they all remove to the same within three years, or such reasonable time as the President shall prescribe, and
"Whereas, The President is satisfied that various considerations have prevented those still residing in New York from removing to Green Bay, and among other reasons, that many who were in favor of emigration preferred to remove at once to the Indian Territory; which they were fully persuaded was the only permanent and peaceable home for all the Indians. And they therefore applied to take their Green Bay lands and provide them a new home among their brethren in the Indian Territory: and
"Whereas, The President, being anxious to promote the peace, prosperity and happiness of his red children, and determined to carry out the humane policy of the Government in removing the Indians from the east to the west of the Mississippi, within the Indian Territory, by bringing them to see and feel, by his justice and liberality, that it is their true policy and for their interest to do so without delay,
"Therefore. Taking into consideration the foregoing premises, the following articles of a treaty are entered into, between the United States of America and the several tribes of the New York Indians, the names of whose chiefs, head men and warriors are hereto subscribed, and those who may hereafter give their assent to this treaty in writing within such time as the President shall appoint."
GENERAL PROVISIONS:
"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.