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92,

THIBTT-SEVENTH CONGRESS.

Sus. lM

COz. 122-125.

1868.

ance of said sum.out of any moneys in the treasury not otherwise appropriated. .A raovxv,March 8, 186.
March 8, 1868.
Payment Benjamin T.to

watson.

&ates of America in Congress assembled, That there be paid, out of any money in the treasury not otherwise appropriated, the sum of four hundred and seventy-five dollars, for filling and grading Virginia avenue, between inth and Tenth streets, in square three hundred and eighty-five, under the approval of the Commissioner of Public Buildings and Grounds,. in the year eighteen hundred and fifty-four. APPRovxp, March 8, 1868. C 3=.CXII

An Acd for ase Relief of Benaais T. Watsn. Be it enacted by doh Senate and-Htouse of Representativesof the United
Ou. CXXII
-

March 85.
-

An Act /or t&e Bef of &SW= Dickson, Wdose f Aoda Didmao,

diced.

VoL xi

1sm, ch. is.

p. 5 4.

Payment to Susa Dickson.

Whereas-by act of Congress passed February twenty-third, eighteen hundred and fifty-nine, the sum of twenty-five thousand dollars was appropriated for the benefit of the captors, in the war of eighteen hundred and twelve of the British brig I'Caledonia"; and whereas it appears that John Dickson, late of Erie, in the State of Pennsylvania, deceased, was one of said captors, and that his name was, by mistake, entered on the list of said captors, now in the Naval Department, as William Dickson, and that said John Dickson left a widow, Suawn Dickson, who still survives : Therefore Be it enacted by the Senate andHouse of Representatives of the United States of America in Congress assembed, That the proper disbursing officer of the United States be, and he is hereby, authorized and directed to pay to said Susan Dickson, widow of John Dickson, deceased, the portion or share of said twenty-five thousand dollars which was due to the said John Dickson, deceased, and now stands credited to the name of William Dickson on the records of the Naval Department.
APPaovRD, March 8, 1868.

march a,1868.

Cua.

CXXIV. -An Act for the ,aef of aseAdmin

'at of Captati Richa

Be it enacted by thie Senate and House of Representativesof the United
Paymenttoad- States of America in Congress assembled, That there be allowed a ministrator of credit to the administrator of the estate of Captain Richard Stevenson, ichard Steven- deceased, late an assistant quartermaster of volunteers in the army of the n oie . United States, the sum of three thousand dollars, being the amount of money belonging to the government of the United States in his custody as such officer, seized and appropriated in Kentucky by guerillas while in the course of transmission by express on railroad trains from Indianapolis, Indiana, to Na4ville, Tennessee, where said Stevenson was on duty. APPRovw, March 8, 1863. a"oh, 18& Pension to me.Pm Ca. CXX . - An Act granto a Pension to FrancesH. Psmaer, Witow f the Zte Bdgadier-GeertJeph B. Punmnm, of te United Stes Ann.

States of America in Congress assemled, That the Secretary of the Interior be directed to place the name of Frances H. Plummer, widow of the late Brigadier-General Joseph B. Plummer, of the United States army, on the pension roll, at the rate of fifty dollars a month, froi the

Be it endcted by a Senate and Howe of ,presentatives of Me Utsd

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THIRTY-SEVENTH CONGRESS.

Smas. IM C. 126-128. 1868.

921

ninth day of August, in the year of our Lord one thousand eight hundred and sixty-two, for and during her widowhood. A1*ROYED, March 8, 1868.
Cw~. CXXVL

Q~tei - An Act tograta Pmd o

1r pe

otdri3

e

,

SOL.

Be it enatedby t@ Senate and House of Representatidv of the United State of America in CMngress anembec That Elizabeth Housener, of Penson to New Philadelphia, Ohio, widow of Christian Housener, late a volunteer Elizabeth Houseprivate in company B, fifty-first regiment, Ohio volunteer infantry, shall ne. be entitled to a pension of eight dollars per month, to commence from the first day of November, eighteen hundred and sixty-two, and to be continued and paid to her during her widowhood. APPjROVED, March 3, 1868.
I Cst. CXX5IL -An A# .fV IAe BAf of CEZvdns .2' REIUaW.
March 8.,8IN&

Be it enacted bit the Senate and House of Representatives of thke Vhited States of America in Congres auemMed, That the Secretary of the In- Peuon to terior be, and he hereby is, authorized and directed to place the name of OCaline T. louCaroline T. Renshaw, sister of the late Womander William B. Ren- ". shaw, of the United States navy, upon the pension roll, at the rate of thirty dollars per month from the Am day of January, eighteen hundred and sixty-thre, to cnt i during her life. A novxu, March 8, 18W8.
On"w. CXXVI

~A

Adt

the Rilief of Ma~pane

. &emu, Widow of Edge-

dZe-Gaeal Isaacm 1.Stevem. the Senate and House of Representatives of the United Be it enacted b 4kat of America in Congess asemUe That the Secretary of the In- Pelon to terior be, and he hegeby is, authorized and directed to place the name of Maraet L. Ste, Margaret L. Stevens, widow of Brigadier-General Isaac I. Stevens, on the pension roll, at the rate of fifty dollars a month from the first day of September, eighteen hundred and sixty-two, to continue during her widow. hood. ApniovxD, March 8, 186&.

vo. xu. PIar.- 118

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THIRTY-SEVENTH PONGRESS.

Szss. III. Rzs. 4-8. 1868

RESOLUTIONS.
Jan. to,1868.
Deision aginst Thomas If King earned.

[No. 4.] Jnt R.Noun to

tk a verse Decision of the Cort of Claim in the Lose f Thomas B. King.

Resolved 4 the Senate and Nouse of Rapresentatives of ta United States of America in Congress assembird, That the adverse decision of the Court of Claims in the case of Thomas B. King be, and the same is hereby, confirmed. APPRaovD, January 16, 1863.

[No. 5.] .ont Resoluion to, 'm the adverse ciida of the Cor Qf Caim in th Case of Arthur Edwardsand others. Resolved by the Senate and House of Representatives of the United Decision ates of merica in Congress assemled, That the adverse decision of .a~atnst ArthuIr the Court of Claims in the case of Arthur Edwards and others be, aiid dward conthe same is hereby, confirmed. firmed, APPRovED, January 16, 1868. taddvr Dwid" of the Ceoea of Clams in tMe Case of &" Yates. Resolved by the Senate and House of Representatives of the United Deision Sta of America in Cnigress assembled, That the adverse decision of tate. confirmed, the Court of Claims in the case of the heirs of George Yates be, and the same is hereby, confirmed. APPROVED, January 16, 1863. Jan. 106, 18. Decision
aeir

,an. 16, I8M.

Jan. 16, 183.

[No. 6.1 .oint Ra atto

wq

Armed.

[No..] JAint PesOzito to con the advere D)Cio of the Co t of Claim in the Case of Joshua Eddy's Heirs. Resolved by the &nte and Hose 'of Representatives of the United States of America in Conress assembled, That the adverse decision of .J the Court of Claims in the ease of Joshua Eddy's heirs be, and the same is hereby, confirmed. APPROVxD, January 16, 1868.

an. 16, 1im Decision soild in'

[No. q8. Jist Resoltion to cokfim, the adverse Decisio of tde Cout of Claim in the CassoV.T. J. Knaqg, Adsmdmsratorof 'M'awtor Enogg
Resolved by the Senate and House of Representatives of the United the Court of Claims in the case of James W. Knagge, administrator of Whitmore Knagge be, and the same is hereby, confirmed. APPROVED, January 16, 1868.

Sates of America. in Congress assemlte; That the adverse decision of

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THIRTY-SEVENTHt CONGRESS. 8ks. IT. -Rs.1I, 14-17, 22. 1868. 928
[No. M2] Joint Besohati to awo the adwere Dedeti. of the Coiwt of Cast in the Case Of10 Yak
Feb. 8,1,6*.

Resolved y te

&.ats and Roune of Repremnatives of ts

United

States of Anierica .i (,ngress assenee, That the adverse decision of Decision the Court of Claims in the case of Moses Yale be, and the same is hereby, Vst o confirmed. AprPOvzD, February 8,1868. [No. 14.] A Ntso(Utio to Com/&uuasa nw the wio ~ ~ Cowt5of Cko is th . Ca of R. A. asoawun, Admisieow of Jmes N. MuL
Feb. 10,1INS.

Resolved by tae Senate and Rouse of Representatives of ase United
States of America in Conres assemed, That the adverse decision of Decision the Court of Claims in the case of R. A. Clements, administrator of * R. A. James N. Mullican be, and the same is hereby, confirmed. fe d , o. ArRnovD, February 10, 1863.

[No.

15,] A

Resehtio 4, mofm the as Decision of tile Cout of Cl4a, in tris
Cas of Dvi D. Michl.

b.i,

88

Resolved by the Senate and House of ARrreseuitatives of the United
tates of Ammea in Congress a nsemed That the adverse decision of Dei.on the Court of Claims in the case of David. D. Mitchell be, and the same is ait David D. ri. chlcon. hereby, confirmed. 1863. APpROYvzD, February 10,

[No. 18.] A Pcuhm to mcimn the adverse Decision of to Cout of Clams ia the
of T Hicks, nxmeor of ham Wfirk.

Feb. 10, 186.

Rcved by the Senate and House of Repreeatives of th9e United
States of America in Congress asembld, That the adverse decision of Decision the Court of Claims in the case of Thomas Hicks, executor of Isaac Aginst Thoma Hicks be, and the same is hereby, confirmed. APPRovaD, February 10, 1868. [No. 17.] A eslto to cowq ths advee Decision of do Cor of Claim in Feb.10, 18.

Case V Alexcule D. Anderson, Administrto of John Anderson.
Resolved by the Senate and House of Representatives of tAe UnteS Sat of America in C(ngrees afseme That the adverse decision of Decision the Court of Claims in the case of Alexander D. Anderson, administrator against Alexdet D. Andesen, of John Anderson be, and the same is hereby, confirmed. APrrovw, February 10, 1868. [No. 2&1 A Resolutn auhigthe Secrtai odeii 2'lizmy to pay to Parr E. yf Ase Br2 hius ay asMY d fte&Prem C." of tae Rawte Mte, for te Te. a J . ritory of New Mezico. eb. 9g, no6.
--

-

TResolved by te Seate and Howse of Representaives of t he United Ates of America in Cbgeae e That the Secretary of the paent to Treasury be, and he is hereby, directed to pay to Perry E. Brochus the PerryLB.Teeryof 66 as sum of six hundred and sixty-four dollars, ($664,) the same being for salary due the said Broeehus as United States judge.for the Territory of . New Mexico from the twenty-fourth day of January, eighteen hundred and sixty-one, to the thirty-first day of April of the same year, out of an appropriation already made, in part for that purpose, and still existing, for the payment of judicial salaries for the Territory of New Mexico. ArProvico, February 25, 1868.

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924

THrRTY-SEVtNTH CONGRESS.

Sass. IM

Ris. 28-, 89. '1888

[N2. 28.1 Aiut Reshone ad ievd aDomn to allow to Paymaster Gas*e, A kwomr &%amind Am e d = i S.Wtlwa, lo Vo A.eowast,.*f Hmoe st"e from him wftiovtFault or Negligence on hi. Padt. Resovd by the Sonate and House of Repreeatives qf te( e Allowlace &aes of Amerioa in 06nges assembed, That the Secretary of the Navy. to be made Gil- be, and he is hereby, authorized to allow to Paymaster Gilbert E. Thornor LThso on ton, in the settlement of his accounts with said department, the sum of n dement of ae- four thousand five hundred dollars, that being the amount stolen from the coantL safe of said paymaster, on board the storeship Brandywine, during his absence upon official business, and without his neglect or fault. APpriovm, February 25, 1868. 7ob. 25, 186L
March 8, AM6.

[No. 89.] JobiatResoldion

o

Re&Jefof Xte Later

andogm et e

Preamble. 1862, ch. 54. Ante, p. 876.

Whereas the commissioners under the act of Congress entitled "An act for the release of certain persons held to service or labor in the Dietrict of Columbia," in a special report to the Secretary of the Treasury, recommended to the equity of Congress certain cases arising under said law in which the claimants could not obtain compensation by reason of the filing of their petitions after the day limited in said act; and whereas said commissioners, considering the equity of said cases, and that the delay in filing-said petitions was not voluntary on the part of the claim. ants, examined into the merits of said claims, and reported the claimants to be otherwise in every respect entitled t9 the benefits of said act, and in a table marked C, in their report, reported the several amounts to which said claimants wotld have been entitled, and the'appropriation already made for the purpose is amply sufficient to pay said claims: Therefore -

fayments t fid slave to

Be 4t rwotvesl by te Senate and Af...e qj iBspresentAtivs of doe Aesd Sats of Amea in. Congres anUemd, That the Secretary of the Treasury be, and he is hereby, authorized to pay, out of the appropriation heretofore made, to the following named persons the sums affixed to their respective names, being the same persons and sums designated in their said report iq the said table marked C, viz: First. To Kate R. Gaither, the sum of four hundred and thirty-eight dollars. Second. To John C. Brashesrs, four hundred and thirty-eight dollars. To Sarah Webster, three hundred and six d9llars and sixty cents. Fourth. To Hugh McCormick, eight hundred and ninety-seven dollars and ninety cents. Fifth. To Lloyd Brooke, four hundred and eighty-one dollars and eighty cents. Sixth. To Ann H. Cunningham, two hundred and forty dollars and ninety cents. Seventh. To Teresa Ann Saffl, thirteen hundred and fourteen dol-

KateR. Gaither. John C. BraSThird. Sarah Webster. Hgh xCormimck Lloyd Book.

Ann E. Cun. ningham. Teres Ann SamlL lars. Thomas J. and Eighth. To Thomas J. Perry and Mary A., his wife, five hundred and M1ary A. Perty sixty-nine dollars and forty cents. John A. Dot- Ninth. To John A. Dorsey, eleven hundred and thirty-eight dollars Say. and eighty cents. xary steveTenth. To Mary Stevenson, thirteen hundred and fourteen dollars. 9M. Eleventh. To George White, (colored,) six hundred and thirteen dol( vWhbt. lars and twenty cents. Moes Kelly. Twelfth. To Moses Kelly, administrator of W. W. Russell, United States army, four hundred and fifty-nine dollars. Making in all the sum of seven thousand two hundred and twelve dol. lar and fifty cents.

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THIRTY-SEVENTH CONGRESS. .Sss. Il

B

40-48. 1868..

926

And that the said several claimants and cases be included, and the sald Mode of payseveral suins be paid in the same manner as if said cases and awards had ment. been regdlarly reported by said commissioners.
AprpovED, March 8, 1868. [No. 40. .1]int Ro ltion rela to the a& of W. IaxA Weed.
wmh s,186.

Resolved by the Senate and House of Representati' of ae W(ed Stain of Ameriva in Congres assemQAe That the Secretary of the Alwnet Navy be authorized to allow to Surgeon William Maxwell Wood, the W for tveL. mileage that would be legally due to him on his return from the East Indies under orders given him by Commodore Armstrong, January twentynine, eighteen hundred and fifty-eight.
APPROVED, March 8, 1868.

[No. 41.J

Abin Ruolutio,

Ito oms dho adoern Decison of ahe ort of Caahm,in the
Cae of Brig-Gena A-rm .

March 8,18IN.

Resolved by the Snate and House of R presentatiu of the United &ates of America in ongress anembke, That the adverse decision of D on the Court of Claims in the ease of Brigadier-General Armstrong be, and net Brig. *cnArme the same is hereby, confirmed. APPRovzD, March 8, 1863.
& [No. 4.] Jin RPofiom to sonfairm eadorn Decision, the out of Ci M e March 8,188 Can of . ft. Wird and ther, A signee of J.a Barker. Resolved by the &nate and House of Representatives of the United Dce Sates of America in Oongres assemU4 That the adverse decision of ArPPovzD, March 8, 1868. 0e 2

the Court of Claims in the case of I. R. Ward and others, assignees of Jacob Barker, be, and the same is hereby, confirmed. (No. 48.1 roitz
hatienmathoisiV L4A%(nsen of g Acod of Z B. Cover, IV" waton tF;:jbrLanby Emha.

and otheus 'Ir
eonfrmed

March 8,1868.

asem~ed, That the proper accounting B. Account of Z. Stes of America in oess Cavky to be . officers of the treasury be, and they are hereby, authorized and required to adjust the account of Z. B. Caverly, late secretary of legation at Peru, for loss by exchange, upon the same principle and evidence as governed the adjustment of a like account of John Randolph Clay, late minister to Peru, under the joint resolution of Congress, approved February twenty-first, eighteen hundred and sixty-one. Ap. tovED, March 8, 1868.

Resolved & the Senate and Hoe of Representatives of the United

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TREATIES.

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LIST
TRTE CONTAINED IN THS VOLUME.

PIP Zka*f btwee tdo Unted State and doe Dwmiuhs Suqvdmich, and otier a~ed and slberdisate 7VANe

of Indiaes in Washinton TrTy. Cession of lands to the United Stats; reservations; paets, &c. by 'the United States annuities schools, &c. Concluded at Point Emlott, Washington Territory, January 2i, 1855. atified by th6 Senate, March 8, 1869. Proclaimed by the President of the United States, April 11, 1859 .................... 927 2maty between Unted States of Am ica and the 8''Ualn diman. . Cession of lands to the United States; reservations; payments, &o. by the United States; annuities, schools, e. Concluded at Point no Point, Washington Territory, January 26,1855. Ratified by the Senate, March 8,1859. Proclaimed by the President of the United States, April 29,1859 *88 Treaty betwem the United States of Amerka and the Ma&uA Tr ofIndians. Cession of lands to the United States; reservations; payments, £e. by the United States; annuities, schools, &e. Concluded at Neah Bay, Washington Territory, Janwary 81,1855. Ratified by the Senate, March 8, 1859. Proclaimed by the President of the United States, April 18, 1869 ........................................................ 989

Tresty between tke United State and the Wa&aWalla, ayeser, and Uniatilla Mawh and &an&s of
Idians i Wasingon and Ormpn Trkoies. Cession of lands to-the United Sttes; reservations; payments, &e. by the United States; annuities, schools, &e. Concluded at Camp Stevens, in the Walla-Walla Valley, Washington Territory, June 9, 1866. Ratified by the Senate, March 8,1859. Proclaimed by the President of the United States, April 11,1859 95 7Tred between the Uited taes and te YksmaNadte of Ind&n. Cession of lands to the United States; reservations; payments by the United States; annuities, schools, &c. Concluded at Camp Stevens, Wala-Walla Valley, June 9, 1855. Ratified by the Senate, March 8,1869. Proclaimed by the President of the United States, April 18, 1859 ...... 961 Treaty between t United States of America md te Ne6 PerceIndians. Cession of lands to the United States; reservations; payments by the United States; anuities, schools, &e. Concluded at Camp Stevens, in the Walla-Walan Valley, June 11, 1865. Ratified by the Senate, March 8,1859. Proclaimed by the President of the United States, April 1859 ................................................................. 967 7Waty batwess te United States and tAe Onfederated 7rbe and Ban of Indian* in Mid& Ore, g Cession of lands to the United States; reservations ; payments by the United States; annuities, schools, Ge. Concluded at Wasco, Jn Oregon Territory, June 2, 1855. Rati. fled by the Senate, March 8, 1859. Proclaimed by the President of the United States,

April,

1869 .................................................................

98

7Waty between the United Stat and the Qui-ai-dt and Quit--a4te Indian. Cession of lands to the United States; reservation; payments by the United States; annuities, schools, &a. Concluded. on the Qni-nal-elt River, in the Territory of Washington, July 1, 1855, and at the City of Olympia, January 25,1856. Ratified by the Senate, March 8, 1859. Proclaimed by the President of the United States, Ap 11,1869 ........................ 97 Treaty between t& United States and th Fl7athead, Kaotenia, and U4pe Pend d'Ormi" Indians. Cession of lands to the United States; reservations; payments by the United States; annuities, schools, &e. Concluded at Hell Gate, in the Bittr Root Valley, July 16, 1855. Ratified by the Senate, March 8, 1859. Proclaimed by the President of the United States, April 18, 1859 ........................................................... 975 2lWO1 betoes the United Stat of America and the Md radians. Cession of lands to the United States; payments by the United States, &e removal to reservations. Concluded at Dayton, Oregon, December 21, 1855. Ratied by the Senate, March 8, 189. Proclaimed by the President of the United States, April 27, 1859 ........................ 981 fit Granado Claims convention with New Granada. Concluded at Washington, Septemnber 10,1867. Ratifications exchanged at Washington, November 6, 1860. Prolai-ed by the President of the United States, November 8, 1860 ............................... 96 VOL. iL TEUZAT.--119

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a
2IVa

LIST OF TIWATi&

byp betweet the ted Slat and th Tonawvanda Bad of Senea dian. Reinqnishment the Indians of former treaty claims; compensation theref, and how to be disposed of by the United States. Concluded at the meeting-house on the Tonawanda Reservation, November 5. 1867. Supplementary articles, concluded at the same time and place. Ratified by the Senat, June 4,188. Proclaimed by the President of the United States, 991 March 8I, 1859 .................................................................. of Zeat between the United States and the Penes "Te Indkiis. Cession of lands to the United States; reservations; pa ents by the United States; annuities, schools, &e. Concluded

at Washington, March

I1868. Rati ied y the Senate, March 8, 1869. Proclaimed

by the President of the United States, April 11, 1859 ..............................

997

ratq with Boivia. Peace,o Frienmshp, Commerce, and Navtion. -Siped at La Paz. May

2

18, I858 Ratified by the President of the United Sttes, February 17, 1862 Exchanged at IA Paz, November 9, 1862. Proclaimed by the President of the United 1008 States, January 8, 1868 ........................................................ Oxtyf Peae, Am*j, and Comwerme between the Unie States of America and China. Concluded at Tlentein, June 18. 1858. Ratified by the United States, December 21, 1858. Pro1028 claimed by the President of the United States, January 26, 1860 ....................

at bween th Viumted States and the Hendawaetanton and Satsakodea Bands of Dakota or Siou1 . 7We of radian. Allotment of lands; provision of former treaty submitted to decision of theSenate. Concluded at Wasbhington, June 19, 188. Ratified by the Senate, March 9, 1081 1869. Proclaimed by the President of the United States, March 81,1859 .............

Dw-atg between the Unized State and the Scteto and FWahptoa Bandr of the Bdkot or Blow 21ibe of Indians. Allotment of lands; provision of former treaty submitted to decision of the Aenate. Concluded at Washington, June 19,1858 Ratified by the Senate, Mlarch 9, 1087 1860. Proclaimed by the President of the United States, March 81, 1859 ..........
.. reaq with the Me wakanton and Siseeton Sioux. Resolution of the Senate of the United States. Right and tide of certain bands of Sioux Indians to lands embraced in reservations on the Minnesota River. In the Senate of the United States, June 27, 1860 ...... 1042 Conventb between the Uted States of America and Mt Majesty the KiV of the Bd s. Peace, n amity, commerce, &c. Concluded at Washington, July 17, 188. Raed, April 18, 1859. Ratifications exchanged, April 16, 1869. Proclaimed by the President of the 1048 United States, April 19, 1859 ...................................................... merce. Concluded at the city of Yedo, July 29, 1858. Ratified by the President of the United States, April 12,1860. Exchanged at city of Washington, May 22, 1860. Pro 1051 claimed by the President of the United Staes, May 28, 1860 ........................ Cimwen'on with dna. Convention between the United States and China for the Regulation of Trade. Concluded November 8, 1858 ......................................... 1069 Covention with China. Convention between the United States and China for the Adjustment 1081 of Claims. Concluded November 8, 1858 ........................................ Convention betwmen the United Stat. qf America and de Republic of Paraguay,relating to claims of the '-United States and Paraguay Navigation Company." Concluded at Asuncon, February 4,1869. Ratifled by the President of the United States, March 7, 1860. Exchanged at Washington, March 7, 1860. Proclaimed by the President of the United 1087 States, March 12, 1860 ........................................................... Teaty of FrIsediskip commerce, and Ncaiqationbetween the United States of America and the Republic of Paraguay. Concluded at Asuncion. February 4, 1859. Ratified by the President of te United States, March 7, 1860. Exchanged at Washington, March 7, 1860. Pro1... 1091 claimed by the President of the United States, March 12,18 ................-.. Whomebagoes. Treaty between the United States and the Winnebago Tribe of Indians. Con. cluded April 16, 1859. Ratified by the Senate, March 16, 1861. Proclaimed by the Pres1101 ident of the United States, March 28, 1861 ........................................ Swan Cre and Black R;ver, 4-. Indians. Treaty between the United States and the Swan Creek and Black River Chippewas, and the Munsee or Christian Indians. Concluded July16, 1859. Ratified by the Senate, April 19, 1860. Proclaimed by the President of 110 the United States, July 9, 1860 ................................................... Zansas Indians. Treaty between the United States of America and the Kansas Tribe of In. diane. Concluded October 6, 1859. Ratified by the Senate, June 27,1860. Proclaimed 1111 by the President of the United States, November 17, 1860 ........................... 0wention between th Vited States of Am'eica and the Republi of Wedl. Arbitration of Mace. donian claims. Concluded at Santiago, November 10, 1858. Ratified, August 4, 1869. Exchanged, October 15, 1869. Proclaimed by the President of the United States ,108 December 22, 1869 ..... .......................................................

21-eat betwee the Vhitd States of America and thegnoph. of Japan. Peace, amity, and comi-

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LIST OF TREATIES.
.

i
page

Bdygium, Postal Conrntim with. Convention between the United States, of America and His Majesty the King of the Belgians. Concluded and signed at Washington, December 21, 1859. Ratifications exchanged at Washington, October 19, 1860. Proclaimed by tie President of the United States, October 20, 1880 ................................... lT &eden andNomwy, Extraditon CHWrmnals. Convention between the United States of America and the Kigof Sweden and Norway. Concluded at Washington. March 21, 1860. Ratifications exchanged at Washington, December 20, 1860. Proclaimed by the President of the United States, December 21, 1860 ........................ ............... 1125 Deawares. Treaty between the United States and the Delaware Tribe of Indians. Concluded May 80, 1860. Ratified and proclaimed, August 22,1860 ............................ 110 Cmvendta with Costa Rim. Convention between the United States of America and the Repub. he of Costa Rica, for the Adjustment of Claims. Signed at San Jos, July I60. Ratified by the President of the United States, November 9, 1861. Exchange of Ratifications, November 9, 1861. Proclaimed by the President of the United States, November 11, 1861 ........................................................... ......... UN3 71.ea with Veeela. Treaty between the United States of America and the lepublic of Ven. ezuela. Amity, Commerce, Navigation, and Surrender of Fugitives. Concluded at Caracas, August 27, 1860. Ratified by the President of the United States, February 26, 1881. Exchange of Ratifications, August 9, 1861. Proclaimed by the Presidentlof the United States, September 26, 1861 .............................................. 1148 Treaty with the Araphoe nd Cheyenne Indianas. Treaty between the United States of America and the Araphoe and Cheyenne Indians of the Upper Arkansas River. Concluded Feb., ruary 18, 1861. Ratified with amendment, August 6, 1861 Amendment accepted October 29, 1861. Proclaimed December 6, 1861 ..................................... 1168 Trady with t ,acs, Faces and Iowas. Treaty between the United States of America and the Sacs and Foxes of Missouri and the Iowas. Cession of reservations. Concluded. March 6, 1861. Ratified with amendment February 6, 1868. Amendment assented to March 4, 1868. Proclaimed March 26, 1868 ........................................ 1171 Treaty with the Delawares. July ians. Concluded Treaty between the United States1861. the Delaware by the of In. 2,1861. Ratified August 6, and Proclaimed Tribe President of the United States, October 4, 1861 .......................................... 1177 Trft with Hanover. Treaty between the United States of America and the King of Hanover, concerning the Abolition of the Stade or Brunshausen Dues. Concluded November 6, 1861. Ratifications exchanged at Berlin, April 209, 1862. Proclaimed by the President of the United States, June 17, 1862 ................................................ 1187 Treatg with the Pottawatonies. Treaty between the United States and the Pottawatome Nation of Indians. Concluded November 16, 1861. Ratified April 1 1862. Proclaimed by the President of the United States, April 19,1882 ..... ......................... ;191 Tray with Meio. Treaty between the United States of America and the Republic of Mexico, for the Extradition of Criminals. Concluded at Mexico, December 11, 186L Ratifications exchanged at Mexico, May 20, 1862. Proclaimed by the President of the United States, June 20, 1862 ..................................................... 119 Postal Convention with ,Herim. Postal Convention between the United States of Ameriea and the Republic of Mexico. Concluded at Mexico, December 11, 1861. Ratifications exchanged at Mexico, May 20, 1862. Proclaimed by the President of the United States, June 2D, 1862 ................................................................... 120 Traty with the Ottoman Empir& Treaty of Commerce and Navigation between the United States and the Ottoman Empire. Concluded at Constantinople, February 26, 1862. Ratifications exchanged at Constantinople, June 16,1862. Proclaimed by the President of the United States, July 2, 1862 ................................................. 1218 Tribe of Indians. Concluded at the Kansas Agency, in Kansas, March 18 1862 Ratified, with amendment, February 6, 1868. Amendment assented to, February 26, 1868. Proclaimed by the President of the United States, March 16, 1869 ........... 12= Treaty with Great Britain. Treaty between the United States and Great Britain for the Sup. pression of the Slave-Trade. Concluded at Washington, April 7, 186. Ratifications exchanged at London, May 26,1862. Proclaimed by the President of the.United States, June 7, 1862 .................................................................... 1225 Teaty with the Ottawa Iditans. Treaty between the United States qf America and the Ottawa Indians of Blanehard's Fork and Roche De B1.f. Concluded, June 24, 1862. Ratifl. cation advised, with amendment, July 16, 1862. Amendment accepted, July 19, 1862. Proclaimed, July 28, 1862 ........ : .............................................. 1217

Treaty with the Kas= Indians. Treaty between the United States of America and the Kansas

HeinOnline -- 12 Stat. v 1855-1863

tv

tIST OP TREATIES.

2lree* wMtLtberia Tree#? between the United States of America and the Republic of Liberia. Commerce and Navigation. Concluded at London, October 21, 1862. Ratlitcations exProclaimed by the President of thd United States, March changd, February 10, 186 18, I ; ....................................................................... 1245 Treaty with the Chippenw. Treaty with the Cblppewj of the Mississippi, and the Pifager and Lake Winibigoshsh bands of Chippewa Indians in Minnesota. Concluded at Washington, In the District of Columbia, March 11, 1868. Ratified, March 18,.188, with amendments. Amendment. agreed to, March 14 1868. Proclaimed by the President of the United States, March 10,188 ....................................... .1209

HeinOnline -- 12 Stat. vi 1855-1863

'TREATY WITH THE DWAMISH &C., N~N

JANl. 22 185L.

027

TREATIES.
De~dnWah 5udAk, and other Treatp betw'een the United State ani &h allied and subordinateTfibs qf Indian in Wwahingon Territoy Con, Janua. 22,185.5. Ratieuded at Point B'ot Was' non T' fed by te Se ae, MarcA 8, 1859. Pcamed y te Preidme of t&i
United &des, April11, 1859.

JAMES BUCHANAN,
PRESIDENT Of THE UNITED STATES,
TO ALL AD SINGULAR TO WHOM TMSI PRESENTS S=AL CONE, ORERTIWG: 3fM. , 1855.

W'HEEAs a treaty was made ad concluded at Mdckl-te-6h, or Point Elliott, in the Territory of Washington, the twenty-second day of January, one thousand eight hundred and fifty-five, by Isaae L Stevens, governor and superintendent of Indian affairs For the said Twrritory, on the part of the United States, and the hereinafter-named chiefs, headmen, and delegates of the Dwimish, Suqudmish, Sk-t~hl-mish, am -hmish, Smalhkahmish, Skope-6nimish, St-kMh-miab, SnoquMrmoo, Ska-wha-misb, 1TQuentl-md-mish, Sk-tth-le-jum, Stoluck-whd-mish, Sno-ho-miih, Skdgit, Kik-i-Allus, Swin-.mish, Squin-Lh-&ish, Sah-ku-m6hu, Moo-wh-hd, Nook-wa-chih-mish, Mee-see-qua-guilch, Cho-bah-6h-bish, and other allied and subordinate tribes and bands of Indians occupying certain lands situated in said Territory of Washington, on behalf of said tribes and duly authorized by them; which treaty is- in the words and figures following to wit:

reambis.

Articles of agreement and convention made and concluded at Meld- Contlug, te-6h, or Point Elliott, in the Territory of Washington, this twenty-second PSI$U. day of January, eighteen hIundred and fifty-five, by Isaac I. -Stevens, governor and superintendent of Indian affiirs for the said Territory, on the part of the United States, and the undersigned chiefs, headmen and delegates of the Dwdmish, Suqudmish, Sk-tAhl-mish, Sam- bmish, Smalhkamish, Skopehmish, St-kiih-mish, Snoqudlmoo, Skai-wha-mish, N'Quentl-md-mibh, Sk-th-le-jum, Stoluck-wh-mish, Sno-ho-mish, Sk. git, Kik-i-Allus, Swin-d.mish, Squin-dh.mish, Sah-ku-mdhu, Noo-whd-ha, Nook-wa-ch~th-mish, Me-sde-qua-guilch, Cbo-bah-Ah-bish. and other allied and subordinate tribes and bands of Indians occupying certain lands situated in said Territory of Washington, on behalf of said tribes, and duly authorized by them. ARTICLE I. The said tribes and bands of Indians hereby cede, reiln- CiIonOfl-t quish, and convey to the United States all their right, title, and interest t th 51te in and to the lands and country 6coupied by them, bounded and described ounarmIe as follows: Commencing at a point on the eastern side of Admiralty Inlet, known as Point Fully, about midway between Commencement and Elliott Bays; thence eastwardly, running along the north line of lands heretofore ceded to the United States by the Nisqually, Puyaliup, and VoL X.p. 1. other Indians, to the summit, of the Cascade range of mountains; thence northwardly, following the summit of said range to the 49th parallel of north latitude; thence west, along said parallel to the middle of the Gulf of Georgia; thence through the middle of said gulf and the main channel through the Canal de Arro to the Straits of Fe, and crossing the

HeinOnline -- 12 Stat. 927 1855-1863

928

TREATY WITx TH

DWAMISH &o. IIDLA m

Je*. 22, 185.,

Reseraton.

same through the middle of Admiralty Inlet to Suquamish Head, thence southwesterly, through the peninsula, and following the divide between Hood's Canal and Admiralty Inlet to the portage known as Wilkes' Portage; thence northeastwardly, and following the line of lands heretofore ceded as aforesaid to Point Southworth, on the western side of Admiralty Inlet, and thence round the foot of Vashon's Island eastwardly and southeastwardly to the place of beginning, including all the islands comprised within said boundaries, and 'of the right, tide, and interest of the said tribes and bands to any lands within the territory of the United States. AxTiOL. I. There is, however, reserved for the present use and occupation of the said tribes and bands the following tracts of land, viz: the amount of'two sections, or twelve hundred and eighty acres, surrounding the small bight at the head of Port Madison, called by the Indians INoo-sohk-um; the amount of two sections, or twelve hundred and eighty acres, on the north side Hwhomish Bay and the creek emptying into the same called Kwilt-seh-da, the peninsula at the southeastern end of Perry's Island called Shdis-quihl, and the island called Chah-choo-sen, situated in

the Lummi River at the point of separation of the mouths emptying
White. not reside thereon ueatde U respectively into Belliugharn Bay and the Gulf of Georgia. All which trafts shall be set apart, and so far as necessary surveyed and marked to out for their exclusive use; nor shall any white man be permitted to reside upon the same without permission of the said tribes or bands, and of the superintendent or agent, but, if necessary for the public convenience, roads may be run through the said reserves, the Indians being compensated for any damage thereby done them. ARTicLE IlL There is also reserved from out the lands hereby ceded the amount of thirty-six sections, or one township of land, on the northeastern shore of Port Gardner, and north of the mouth of Snohomish River, including Tulalip Bay and the before-mentioned Kwilt-seh-da Creek, for the purpose of establishing thereon an agricultural and industrial school, as hereinafter mentioned and agreed, and with a view of ultimately drawing thereto and settling thereon all the Indians living west of the Cascade Mountains in said Territory. Provided, however, that the President may establish the central agency and general reservation at such other point as he may deem for the benefit of the Indians. settle upon the said fir't above mentioned reservations within one year
ARTzcLz IV. The -said tribes and bands agree to remove to and

e'oation for

Further res-

en reservation

Tribes to sette

within one year. after the ratification of this treaty, or sooner, if the means are furnished

Rights and prvneges s-

eared to Indins. all citizens of the Territory, and of erecting temporary houses for the

them. In the mean time it shall be lawful for them to reside upon any land not in the actual claim and occupation of citizens of the United States, and upon any land claimed or occupied, if with the permission of the owner. ARTI4CLE V. The right of taking fish at usual and accustomed grounds and stations is further secured to said Indians in common with

purpose of curing, together with the privilege of hunting and gathering roots and berries on open and unclaimed lands. Provided, however, that they shall not take shell-fish from any beds staked or cultivated by citizens. Paymentby the ARTICLE VL In consideration of the above cession, the United States Untied State. agree to pay to the said tribes and bands the sum of one hundred and fifty thousand dollars, in the following manner - that is to say: For the first year after the ratification hereof, fifteen thousand dollars; for the next two years, twelve thousand dollars each year; for the next three years, ten thousand dollars each year; for the next four years, seven thousand five hundred dollars each year; for the next five years, six How to be thousand dollars each year; and for the last five years, four thousand applied. two hundred and fifty dollars each year. All which said sums of money shall be applied to the use and benefit of the said Indians under the direction of the President of the United States, who may from time to time

HeinOnline -- 12 Stat. 928 1855-1863

TREATY WITH THE DWAMISH &MImDIANS.

JAN. 22,1855.

920

determine at his discretion upon what beneficial objects to expend tho mine; and the Superintendent of Indian AffAirs, 6r other proper officer, shall each year infirm the President of the wishes of said Indiaps in respect thereto. ARTICLE VII. The President may hereafter, when in his opinion the indians may interests of the Territory shall require and the welfare of the said Indians be be removed to promoted, remove them from either or all of the special reservations here- reervat, eta. inbefore made to the said general reservation, or such other suitable place within said Territory as he may deem fit, on remunerating them for their improvements and the expenses of such removal, or may consolidate them* with other friendly tribes or bands; and he may further at his discretion cause the whole or any portion of the lnds hereby reserved, or of such other land as may be selected in lieu thereof, to be surveyed into lots, and assign the same to such individuals or families as are willing to avail Lots may be themselves of the privilege, and will locate on the same as a permanent assigned to in. home on the same terms and subject to the same regulations as are pro- dividuals. vided in the sixth article of the treaty with the Omahas, so far as the same Vol. x. p. 1044. may be applicable. Any substantial improvements heretofore made by any Indian, and which he shall be compelled to abandon in consequence of this treaty, shall be valued under the direction of the President and payment made accordingly therefor. ARTICLE VIIL The annuities of the aforesaid tribes and bands shall not be taken to pay the debts of individuals. Tribes to ARTICLE IX. The said tribes and bands acknowledge their depend- serve friendlypro. msence on the government of the United States, and promise to be friendly ,tien. wih all citizens thereof, and they pledge themselves to commit no depredations on the property of such citizens. Should any one or more of them violate this pledge, and the fact. be satisfactorily proven before the agent, the property taken shall be returned, or in defkult thereof, or if to pay fa injured or destroyed, compensation may be made by the government out depredations.
not to make of their annuities. Nor will they make war on any other tribe except in self-defence, but will submit all matters of difference between them and war exept &o. the other Indians to the government of the United States or its agent for decision, and abide thereby. And if any of the said Indians commit depredations on other Indians within the Territory the same rule shall prevail as that prescribed in this article in cases of depredations against citizens. And the said tribes agree not to shelter or conceal offenders against the to aurreale laws of the United States, but to deliver them up to thi athorities for offender. trial. ARTICLE X. The above tribes and bands are desirous to exclude from be Annuities from withheld to their reservations the use of ardent spirits, and to prevent their people thJoe who drink from drinking the same, and therefore it is provided that any Indian be- etc., ardent longing to said tribe who is guilty of bringing liquor into said reserve- spirits. tions, or who drinks liquor, may have his or her proportion of the annuities withheld from him or her for such time as the President may determine. ARTICLE XL The said tribes and bands agree to free all slaves now allTribes to free slaves and not held by them and not to purchase or acquire others hereafter. to acquire others. ARTICLE XIL The said tribes and bands further agree not to trade at not to trade out Vancouver's Island or elsewhere out of the dominions of the United States, Of the United nor shall foreign Indians be permitted to reside in their reservations without consent of the superintendent or agent. ARTICLE XIIL To enable the said Indians to remove to and settle .ts,foo appro. upon their aforesaid reservations, and to clear, fence, and break up a suf- piated fe exficient quantity of land for cultivation, the United States further agree to ad pay the sum of fifteen thousand dollars to be laid out and expended under settlement. the direction of the President and in such manner as he shall approve. .ARTICLE XIV. The United States further agree to establish at the United States general agency for the district of Puget's Sound, within one year from ttbish ," the ratification hereof, and to support for a period of twenty years, an.vl htrgN

HeinOnline -- 12 Stat. 929 1855-1863

9)

•ThE.TY, WITH THE"DWIMiSH &c. INDiANg. JAX. 22, l85i. S-

fWath meoban- agricultural and industrial school, tobe free to ehildien of the said tribes

ice, sho, physi- and bands in common with those of the other tribes of said district, and to claim " provide the said school with a suitable instructor or instructors, and also to provide a smithy and carpenter's shop, and furnish them with the necessary tools, and employ a blacksmith, carpenter, and farmer for the like term of twenty years to instruct the Indians in their respective occupation. And the United States finally agree to employ a physician to reside at the said central agency, who shall furnish medicine and advice to their sick, and shall vaccinate them; the expenses of said school, shops, persons employed, and medical attendance t be defrayed by the United States; and not deducted from the annuities.
torety ARTiCLz XV. This treaty shall be obligatory on the contracting par-

ties as soon as the same shall be ratified by the President and Senate of the United States. .iatures, Jan. 16. 22, In testimony whereof, tbe said Isaac L Stevens, governor and superinteudent of Indian affairs, and the undersigned chiefs, headmen, and delegates of the aforesaid tribes and bands of Indians, have hereunto set their hands and seals, at the place and on the day and year hereinbefore written. ISAAC I. STEVENS, Governo and qpemintendn4 f[. n.j SEATTL, Chief of the Dwamsek and Suiqsis Mrbe . his x mark. [L. s.] PAT-KA-NAM, Csief of the $WPoaknoo, Snohomish and o tribe. 'ker his x mark. [r. a.] CHOW-ITS-HOOT, Cief of Me Lummi and other fribes. his x mark. [L. S.] GOLIAH Chief of e Skayft andothe ai i.be. his x mark. [ L. a.] KWALLATTUM or General Pierce, Su-hef of the S&agt tribe. his x mark. L.a.] S'HOOTST-HOOT, Sub-chiefofSnoomis.• his x mark. L. ] SNAH-TALC, or Bonaparte, Sub-c.ief of Skohomh his x mark. [L.a.] SQUUSH-UXM, or The Smoke, Sub-hief of th Snoquamoo.
his x mark. [L,. s.]

SEE-ALLA-PA-HAN, or The Priest, ,u&cefof,.-tJle.tj'. his x mark. [L. 5.] HE-UCH-KA-NAM, or George Bonaparte, S. b-chief of his x mark. fL. s.] Snohomish. TSE-NAH-TALC, or Joseph Bonaparte, Sub-cief of Sio. homsh. his x mark. EL. s. NS'SKI-OOS, or Jackson, Suk&if of Snohomish. z mark. [L• a.) his a.] WATS-KA-LAH-TCHIE, or John Hobtst-hoot, sxaie.fo[ SMEH-MAI-HU, Sub-chief of Sai-tvha-mie his z mark. SLAT-EAH-KA-NAMC Stebchef of Sioquabnoohis x mark. STHAU-AI, Sub-chifof &wqamoo. his x mark. LUGS-KEN, Sub-chief of Sh'-wha-mia . his x mark. S'HEHT-SOOLT, or Peter, Su-qe of &nwo im". hix mark. his x mark. DO-QUEH-00-SATL, Snquamoo tribe. JOHN KANAM, Snoquabmo. aubehef. his . mark, KLEMSH-KA-NAM, Snoualmoo. his x mark.' TS'HUAHNTL, Dwa-mish mb-chief. his x mark. Sen., ,aikt trie KWUSS-KA-NAM, or George Snatelum, is x mark. HEL-MITS, or George Snatelum, &a#* u, i a
L.

.
s.S]

[r.s• . s, [L.as. [L. s.) EL. S., [L. S.
'L. a.]

EL. a.]
a

HeinOnline -- 12 Stat. 930 1855-1863

TRFATY WITH THE DiVAMISH &o. INDIANS.

JA.. 22, 1855;

S'KWAIT-KWI, Skagi hik sub-ef his x mark. ": SEH-LEKQU, Sub-ceif Lummi tribe. his x mark. [L. .] . S'H'-CHEH-OOS or General Washington, e-aiefofLum-, hi x mark. [L. s.] mi trie. WHAI-LAN-HU, or Davy Crockett, Sub-chief of Lummi SHE-AH-DELT-HU, Sub-chief of Lum,,ti tribe, KWULT-SER, u&chief ofLumm trie, KWULL-ET-HU, Lummi tribe. his x mark. his x mark. his x mark.
[L. s. EL. ..

tribe.

his x mark. [L. s.1

KLEH-KENT-SOOT, Ska' frib his x mark. SOHN-HEH-O(VS, &a# tribe." his x mark. S'DEH-AP-XA., o6General Warren, &V* tribe.

CHUL-WIL-TAN, Sub-ddef of &mom"e

4

[L- S-j "L. ao

his xmark.
t-ibe.

bhi x mar SKE-EH-TUM, Skit tribe. his x mark. PATCHKANAM, or Dome, Skagit trKUe his x mark. SATS-KANAM, Squin-ah-nuek tribe. his x mark. SD-ZO-MAITL, i-s band. his x mark. DAHTL-DE-MIN, Sub-chief of SaU-meA-Au. his x mark. SD'ZEK-DU-NUM, Me-sak-w uilse sub-hie . Ms x mark. NOW-A-CHATS, Subchief of Dtoamish. his x mark. MIS-LO-TCHE, or Wah-hehl-tchoo, Sub-chief of Suquamide his x mark. SLOO-NOKSH-TAN, or Ji, Suquamuh tribe, his x mark. M00-WHAH-LAD-HU, or Jack, Suqumis trib&. his x mark.

L1: 8.1

L. 'L. L. S.

TOO-LEH-PLAN, Suquami" trib his x HA-SEH-DOO-AN, or Keo-kuck, Dwami h in

ark.
L. S:

his x mark. HOOVILT-MEH-TUMStJ-efof&Squrniei his x mark. WE-AI-PAH, ,SkiwnamiAk tribe, his x mark. S'AH-AN-HU, or Hallam, Snoomi4 tribe. his x mark. SHE-HOPE, or General Pierce, Skagi* hib his x m"rk. HWN-LAH-LAKQ, or Thomas Jefferson, Lanm "ribe.

CHT-SIMPT, Lummi tribe. TSE-SUM-TEN, Lummi tribe. KLT-HAHL-TEN, Lummi tribe. KUT-TA-KANAM, or John, Lumm tribe. CH-LAH-BEN, Noo-gua-ckamish ban& WOO-HEH-O08, S aquabnoo tribe. HWEH-UK, Snoqualmoo tribe.
PEH-NUS, Skai-whamish tribe. YIM-KA-NAM, Soquamoo tnbe. TWOOI-AS-KUT, Sa,'whamish rie. LUCH-AL-KANAM, noquabmoo tribe. S'HOOT-KANAM, Snoguabmoo tribe. SME-A-KANA31, Snoguqmoo tribe. SAD-ZIS-KEH, &hoqualiwo. HEH-MAHL, &atwamish kw& CHARLEY, Sagit tribe. SAMPSON, Skagit trbe. JOHN TAYLOR, &nohom".tribe. HATCH-KWENTUM, Sogit trie. YO-I-KUM, Sbgit bibs. T'KWA-MA-HAN, Skagit tribe.

his x mark. his x mark. his x mark. his x mark. his x mark.
his x his x his x his x his x mark. mark. mark. mark. mark.

"t:
L. 5. "L°8.: , LS: . S.

L. S. [L.

:1

his x mark.
his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. h x mark. his x mark. his x mark. his x mark. : h x =wk.

L£.$°.

L. S.

L.5.
L. S. L. St.

STO-DUM-KAN, ASekwi xu1 a .ft-12O MU

baS

HeinOnline -- 12 Stat. 931 1855-1863

982

TREATY WI=

TAR DW iagi

&INDrNS. n

JA. 12, 1§55.
"L. S.:

BE-LOLE, SvamisM bamd DYZO-LOLE-GWAX-HU, ,Sb d hib& STEH-SHAIL, William, SkAamis banS
KEL-KAHL-TSOOT, Swinarisk he. PAT-SEN, ,kit tribe, PAT-TEH-US, KNo-wha-ai sub-cief. S'HOOLK-KA-NAM, Lmmi sub-chief. CH-LOK-SUTS, Luai subchief Executed in the presence of us M. 7. Stmmos, Indian Agent.

hisrx mark. "L. S.'
his x mark.

his x mark.
his x his x his x his r his x mark. mark. mark. mark. mark.

'L.S.
'L. 'L. 'L. 'L. L. S.' S.' S. S.'
S.

C. H. MsoN, Secretar of Washingon Terrio.
BzN;. F. SHAw, Interprter. COis. M. HITCHCOCK.

H. A. GOLDSBOROUGH.
GzoRGB Gins. Joss H. SCRANTON. HENtRy D. Cocx. S. S. FORD, Jr. DEEIGTOI CUSMUS. ELLiS BARNES. I, S. Bjfxr. S. X. COLLINS.
LAFAYETEE ]BALCH.

E. S. FOWLER. J. H. HAL..

ROB'T Dvrs.

coment of arh'8, 1859.

And whereas, the sgid treaty having been submitted to the Senate of the United States for its constitutional action thereon, the Senate did, on the eighth day of March, one thousand eight hundred and fifty-nine, advise and consent to the ratification of ito articles by a resolution in the words and figures following, to wit: "IN ExUcuTIYvi SESSIoN,
"SENAT
OF THE UNITED STA.TES, March 8, 1859.

"Besolved, (two-thirds of the senators present eoncnurring,) That the Senate advise and consent to the ratification of treaty between the United States and the chiefs, headmen and delegates of the Dwtimish, Suquimish and other allied and subordinate tribes of Indians occupying certain lands situated in Washington Territory, signed the 22d day of January, 1855. "Attest: "ASBURY DICKINS, Secretary."
April 11, 2859.

Proclamation,

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 their resolution of the eighth of March, one thousand eight hundred and fifty-nine, accept, ratify, and confirm the said treaty. In testimonywhereof, I have taused the seal of the United States to be hereto affixed, and have signed the same with my hand.
[SEAL.J

Done at the city of Washington, this eleventh day of April, in the year of our Lord one thousand eight hundred and fiftynine, and of the independence of the United States the eightythird.

JAMES BUCHANAN.

By the President:

L-swxa CABS, &cretas of &4.

HeinOnline -- 12 Stat. 932 1855-1863

TREATY WITH THE S'KLALLAIS.

JANUARY,

2, 1855.

2eaty Setem the United Sate of Amerka and te SAla~ams ,dian*. Coiduded at Point nto Poin4 Washigton Terito, J.antM 26,1855; Ratifad j the Senate, March 8, 1859; Prolaimed& the Presidentof tde United States, Apri 29, 1859.

JAMES BUCHANAN,
PRESIDENT OF THE VMITED STATES OF AMERICA:
TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL COME, GREETNG: January 26, 185 .

WnxzA~s a Treaty was made and concluded at Hahd Skus, or Point Pramble. no Point, in Washington Territory, on the twenty-ixth day of January, eighteen hundred and fifty-five, between Isaac L Stevens, Governor and Superintendent of Indian Affairs for the said Territory, on thd part of the United States, and the hereinafter named Chiefs, Hedmen, and Delegates of the .different villages of the S'Klallams Indians, viz.. the Kab-tal, Squah-quaihtl, Tch-queen, Ste-tehtlum, Tshkw, Yennis, El-hwa, Pishtst, Hunnint, Kiat-la-wash, and Oke-no, and also of the Sko-ko-inish, Too-an-hooch, and Chem-a-kum tribes occupying certain lands on the straits of Fuca and Hood's Canal, in the Territory of Washington, on behalf of said tribes, and duly authorized by them; which treaty is in the words and figures following, to wit: Articles of agreement and convention, made and concluded at Hahd- cartla5 skus, or Point no Point, Suquamish Head, in the Territory of Washing- P ton, this twenty-sixth day of January, eighteen hundred and fifty-five, by Isaac L Stevens, governor and superintendent of Indian affairs for the said Territory, on the part of the United States, and the undersigned chiefs, headmen, and delegates of the different villages of the S'Klallams, viz.: Kah-tai, Squah-quaihtl, Tch-queen, Ste-teblium, Tsohkw, Yennis, Elhwa, Pi-htst, Hun-nint, Klat-la-wash, and Oke-ho, and also of the Skoko-mish, To-an-hooch and Chem-a-kum tribes, occupying certain lands on the straits of Fuca and Hood's Canal in the Territory of Washington, on behalf of said tribes, and duly authorized by them. ARTICLE I. The said tribes and bands of Indians hereby cede, relin- Coulo of quish, and convey to the United States all their right, title, and inteiest united States. in and to the lands and country occupied by them, boun4ed and described as follows, viz.: commencing at the mouth of the Okeho River, on the Boudatt. Straits of Fuca, thence southeastwardly along the westerly line of Territory claimed by the Makah tribe of Indians to the summit of the Cascade range; thence still southeastwardly and southerly along said summit to the head of the west branch'of the Satsop River, down that branch to the main fork; thence- eatwardly and following the line of lands heretofore ceded to the the United States by the Nisqually and VOL x. p. 118. other tribes and bands of Indians, to the summit of the Black Hills, and northeastwardly to the portage known as Wilkes' portage; thence northeastwardly, and following the line of lands heretofore ceded to the em T:at10, -United States by the Dwamiah, Suquamish, and other tribes and bands L of Indians to Suquamish Head; thence northerly through Admiralty Inlet to the Straits of Fuca; thence westwardly through said straits to the place of beginning; including all the right, title, and interest of the said tribes and bands to any land in the Territory of Washington. ARTICLE IL There is, however, reserved for the present use and ooeu- teemato. pation of the said tribes and bands the.following tract of land, viz.: the

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984

TREATYr WITN! THIS S'XLALLAM&

JAntAniT 26, 1855.

amount of six sections, or three thousand eight hundred and forty es, situated at the head of Hood's Canal, to be hereafter set apart, and so fur as necessary surveyed and marked out for their exclusive use; nor shall Whites not to any white man be permitted to reside upon the same without permission reside thereon, of the said tribes and bands, and of the superintendent or agent; but, if necessary for the public cojivenienee, roads may be run through the said reservation, the Indians being compensated for any damage thereby done them. It is, however, understood that should the President of the United States hereafter see ft -to place pon the samid reservation any other friendly tribe or band, to occupy the,same in common with those above mentioned, he shall be at libe ',to do ao. Tbes' 'Or"tto APTxCz IlL The said tribe~aad bans agree to remove to and settle on re n upon the said reservation withisone year after the ratification of this treaty, or sooner if the meansavn furnished them. In the mean time, it shall be lawful for them to reside upon any lands not in the actual claim or occupation of citizens of the United States, and upon any land claimed or occupied, if with the permission of the owner. privege to ARTiCLZ IV. The right of taking fish at usual and accustomed grounds the IndiAb. and stati,. s is further secured to said Indians, in common with all citizens of the United States; and of erecting temporary houses for the purpose.. of curing; together with the privilege of hunting and gathering roots and berries on open and unclaimed lands. rovvide however, That they shall not take shell-fish from any beds staked or cultivated by citizens. Payments ARtTIOLEM V. In consideration of the above cession, the United States the U0nited by State. agree to pay to the said tribes and bands the sum of sixty thousand dollars, in the following manner, that is to say: during the first year after the ratification hereof, six thousand dollars; for the next two years,-live thousand dollars each year; for the next three years, four thousand dollars each year; for the next four years, three thousand doUars each year;, for the next five years, two thousand four hundred dollars each year; 'and for the next five years, one thousand six hundred dollars each year., How to be ap- All which said sumsrof money shall be applied to the use and benefit of. plied, the said Indians under the direction of the President of the.Upted States, who may from time to time determine at his discretion upon what beneficial objects to expend the same. , And the superintendent of Indian, affiirs, or other proper officer, shall each year inform the Pesident of the wishes of said Indians in respect thereto. VI. To enable the said Indians to remove to and settle upon Appr rlation ArICLmm *t Weoval. &o. their aforesaid reservations, and to clear, fonee, and break up a sufficient quantity of land for cultivation, the United States further agree to pay the sum of six thousand dollars, to be laid out anit expended under thedirection of the President, and in such manner as he shall approve. luadhns may AxTiOL VIL The President may hereafter, when in his opinion the be o "to interests of the Territory shall require, and the welfare -ofsaid Indiana be other reserva-promoted, remove them from said reservation to such other suitable place tonhr or places within said Territory as he may deem fit, on remunerating them for their improvements and the expenses of their removal; or may con. solidate them with other friendly tribes or bands. And he may furthr, at his discretion, cause the whole or any portion of the lands hereby reserved, or of such other -land as may be selected in lieu thereof, to be Lands may be surveyed into lots, and assign the same to such individuals or famiuies as surveyed . are willing to avail themselves of the privilege, and will locate thereon as
aislned, &O.
20

a permanent home, on the same terms and subject to the same regulations

Vol. x. p. 44, as are provided in the sixth article of the treaty with the Omahas so far as the same may be applicable. Any substantial improvements heretofore made by any Indian, and which he shall be compelled to abandon in consequence of this treaty, shall be valued under the direction of the be taken for to Annuities 1ot President, and payment made therefor. accordingly. tribes and. bmads sl . debt, of endiid- ARTICL VUJL The annuities of the aforesaid us.4 not be taken to pay the debts of individuals.

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.ThEATY WITH THE S'KLALLAXS

JAUAri 26, 185.

985

ARTiCLis IX. The said tribes and bands acknowledge their dependence Tritiesto preenc on the goVernment of the United States, and promise to be friendly with """ fr Y all citizens thereof; and they pledge themselves to commit no depreda- tons, tions on the property of such citizens. And should any one or more of .in 6r dethem violate this pledge, and the fiet be satisfactorily proven before the predatons. agent, the property taken shall be returned, or in default thereof, or if injured or destroyed, compensation may be made by the government out of their annuities. Nor will they make war on any other tribe, except not to make in self defence, but will submit all matters of difference between them war but insef and other Indians to the government of the United States, or its agent,deence. for decision, and abide thereby. And if any of the said Indians commit any depredations on any other Indians within the Territory, the same rule shall prevail as that prescribed in this article in cases of depredations against citizens. And the said trb agree not to shelter or conceal To surrender offenders against the United States, but to deliver them up for trial by ofenders. the authorities. ARTICLE X. The above tribes and bands are desirous to exclude from A my anuities their reservation the use of ardent spirits, and to prevent their people be witheldfo thnose drinking from drinking the same, and therefore it is provided that any Indian be- ardent spirits. longing thereto who shall be guilty of bringing liquor into said reserve, tion, or who drinks liquor, may have his or her proportion of the annuities withheld from him or her for such time as the President may determine. A=CLz XI. The United States further " to establish at the united States general agency for the district of Pugetes Sound, within one year from to establih the ratification hereot and to support for the period of twenty years, an hoch agricultural and industrial school, to be free to children of the said tribes and bands in common with those of the other tribes of said district, and to provide a smithy and carpenter's shop, and furnish them with the nee- Mehanice essay tools, and employ a blacksmith, carpenter, and farmer for the term shop. of twenty years, to instruct the Indiana in their respective occupations. And the United States frther agree to employ a physician to reside at To employ a the said central agency, who shall furnish medicine and advice to the physician sick, and shall vaccinate them; the expenses of the mid school, shops, persons employed, and medical attendance to be defrayed by the United States, and not deducted from the annuities. A3T4LB XIL The aid tribes and bands agree to free all laves now Tribes tofee held by them, and not to purchase or acquire others hereafter. saveid not to ARTICLE XIIL The said tribes and bands finally agree not to trade avttoothers. trade
at Vancouver's Island, or elsewhere out of the dominions of the United out of the United

States, nor shall foreign Indians be permitted to reside in their reserva- State. tions without consent of the superintendent or agent. ARTICLZ XIV. This treaty shall be obligatory on the contracting When treaty parties as soon as the same shall be ratified by the President of the to take effeet. United States. In testimony whereof, the said Iassa L Stevens, governor and superin- Signatures, tendent of Indian affairs, and the undersigned chieft, headmen, and doe- an"ary 26,15. gates of the aforesaid tribes and bands of Indians have hereunto set their
hands and seals at the place and on the day and year hereinbefore written.

ISAAC . STEVENS, Goverwr and

perintwsdwn

[L. a.]

CHITS-A-AH-HAN, the Duke of York,
DAH-WHILLK

his x mark. [L. a.]
[L. a.] [T a.

Cie of the ,S*Ioo-nswi. vis x mark. KUL-KAH-HA., or gener Pierce, his x mark Woif of mhe Chem-a" n HOOL-OLE..A or Jim, &o-oa* SAI-A-KADE, or Frank, &o-o-wiA nh-chief. his x mark ma dcef. mark. LOO-GWEH-oOS, or Georg, hig X mark. -A0 iA f.

L.a.] [r.a. [L.S.

HeinOnline -- 12 Stat. 935 1855-1863

TREATY wrrH

LALLAMS. JANUAR 26,1855.
his x mark. [L. s.J his x mark. [L. 8. L. S. L. S. ,L. S.
[L.
CL.

E-DAGH-TAN, or Tom, So-mieA ub-chief. KAI-A-HAN, or Daniel Webster, (Ihem-a-um.ub-chief.

his x mark. KLEH-A-KUNST, Ohem-a-m 8ub-chief. HE-ATL, Duke of Clarence, ,S'klalam 8ub-chief. his x mark. his x mark. LACH-KA-NAM, or Lord Nelson, ,Sklalam 8"~cief. his x mark. sub4-hief TCHOTEST, SIam his x mark. HOOT-OTE ST, or General Lane, S'klam sub-chief. his x mark. TO-TOTESH, S'kkdln rub-chief. his x mark. HAH-KWIA-MIHL, Sklalnm sub-chief. 8uWcief. his x mark. SKAI-SE-EE, or Mr. Newman, ,Tk' his x mark. KAHS-SAHS-A-MATL, ,Sklagam sub-chief, his x mark. S'HOTE-CH-STAN, S'-kl.lam sub6chief. his x mark. LAH-ST, or Tom, eklolicm sub-chief. TULS-MET-TUM, Lord Jim, ,'Okakdm sub-chief his x mark. his x mark. YAHT-LE-MIN, or General Taylor, S'klolarn uche IKLA-KOISHT, or Captain, S'kkdam sub-chief. his x mark. SNA-TALC, or General Scott, ,S'ktallam 8ub-chief. his x mark. his x mark. TSEH-A-TAKE, or Tom Benton, S'ktaffam 8ub-chief. his x mark. YAH-KWI-F,-NOOK, or General Gaines, k.Fala. sub-chief. his i mark. KAI-AT-LAH, or General Lane, Jr., Shiallam sub-chief. his x mark. CAPTAIN JACK, S'klalfamnsub-chief. his x mark. HE-AOH-KATE, Skadiln sub-chief. his x mark. rSOH-AS-HAU, or General Harrison, Skiallam sub-chiif. his x mark. KWAH-NALT-SOTE, S'-kl m subchief. his x mark. a1am sub-chief. S'HOKE-TAN, SkM his x mark. PAITL, Skala sub-ief. his x mark. WEN-A-UAP, .SMa/Uam sub-chiesf. his x mark. KLNW-SUM-AH, B'kalam sub-chef. his x mark. SE-ATT-HOME-TAU, S'klal/am subchief. his x mark. TSAT-SAT-HOOT, S'kkadlam tribe, his x mark. PE-AN-HO, ,Sklaffan tribe. his x mark. YI-AH-HUM, or John Adams, S'klaliam tribe. his x mark. TI-ITCH-STAN, S'MaUam tribe. his x mark. S00-YAHNTCH, S 'ktam tribe, his x mark. TT-SEH-A-TAKE, S'Uaffam tribe, his x mark. HE-ATS-AT-SOOT, S'kalam tribe, his x mark. TOW-OOTS-HOOT S'kalam. tribe, TSHEH-HAM, or General Pierce, S'kkfllam tribe, his x mark. his x mark. KWIN-NAS-SUM, or George, ,' kkdlm tribe. his x mark. HAI-AHTS, John, S'daZmn tribe. his x mark. HAI-OTEST, John, S'kalam tribe. his x mark. SEH-WIN-NUM, Skallam tr'e, his x mark. YAI-TST, or George, S'klaam trib, his x mark. HE-PAIT, or John, Skialtam tribe, his x mark. SLIMM, or John, S'klalam tribe. his x mark. T'KLAL'-SOOT, or Jack, ,kia&m tribe. his x mark. STAI-TAN, or Sam, Sk/a/lam tribe, his x mark. HUT-TETS-00"'; eka/lkm tribe. his x mark. HOW-A-0WL, S'kallam tribe.

3.] a.)

*L.s." 'L. 8: "L. s.' :L. B." "L.S.' 'L. s.' ". s. "L. s..

~L.
IL.5.] [L. a.] [L. S.] EL--S.
L

.

[L. s.1 -L.S." L. 8: L. Ss. *T. L. S. L.s. 'L. s
'L. S. L. s.

'L. a.
:L. 0..

L.s. 'L.a.' 'L. s.' 'L. a.'
'L. S.'

S.' %.. 'L.5.' 'L.S.' 'L. S.' 'L.a. 'L.a.' L. S.
L. B.

"L. a.
'L. S.

HeinOnline -- 12 Stat. 936 1855-1863

TEATY WITH THE S'KLALLAMS.

JANuART 26, 1855.

987

Executed in the presence of us-M. T. Srtmoms, C. H.MASON, S&c&ay Wlaptot Tktot,
Bgxj. V. SHAW, Lteroreter, JoN H. SCRANTON, JosIAH P. KELLER, C. X HITcOOCIx, M. D., A. B. Govn,

H. A- GOLDSBOROUGR, B. J. MADIsoN,
F. A. RowE, JAs. II. HUNT, GEORGE GIBBS, ,S.e&an&7, JOHN J. REILLY, RORT. DAvis, 5. S. FoRD, Jr., H. D. COOK,
ORINGTON CUSMXN,

J. CONKLIN. And whereas, the said treaty having been submitted to the Senate of Ratiflon, the United States for its constitutional action thereon, the Senate did, on March 8,1850. the eghth dayof March, one thousand eight hundred and fifty-nine, advise and consent to the ratification of the same, by a resolution in the words
and figures following, to wit: "SENATE "LN ExECUTMVE SESSION, O THE UNrrzD STATES, March 8, 1859.

"Rsoeed, (two thirds of the senktors present concurring,): That the
Senate advise and consent to the ratification of treatT between the.United

States and the S'Klallams Indians occupying lands in the Straits of Fuca
and Hood's Island, in Washington Territory, signed 26th January, 1855. "Attest: "ASBURY DICKINS, ,.cretar." Now, therefore, be it known that I, JAMES BUCHANAN, President Prelmatlo of the United States of America, do, in pursuance of the advice and con- April 2,18. sent of the Senate, as expressed in their resolution, of the eighth of March, eighteen hundred and fifty-nine, accept, ratify, and confirm the said treaty. In testimony whereof, I have caused the seal of the United States to be hereto affixed, and have signed the same with my hand. Done at the city of Washington, this twenty-ninth day of April, in the year of our Lord one thousand eight hundred and fifty[s.Ariu] nine, and of the independence of the United States the eightythird. JAME% BUCHANAN. By the President:

L wis CAss, &mtat

of &at&

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HeinOnline -- 12 Stat. 938 1855-1863

TREATY WI=~ THE NANAH TRIBE 'JAM. 81, 1I55.

Mle of °at Heak Ba3, Wa.ngton Taitolwary 81, 1855. Ratsfe kg th &nateMare 8, 1859. .olAvimed by the Presidwn ofAe nited States, Aprais, 11859.

2"hhM oUnited Sta of Ametima and the AWa

JAMES BUCHANAN,
PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALL A" INGULAR TO WHOM TH385 PRusinTs SHALL 001[1 GRn=G: Jmary 81tlS

Wlnaus a treaty was made and concluded at Neah Bay, in the Territory of Washington, an the thirty-first day of January, eighteen hundred and fifty-five, between Isaac L Stevens, governor and superintendent of Indian affairs for said Territory, on the part of the United States, and the hereinafternamed chiefs, headmen, and delegates of the several villages of the Makah tribe of Indians, viz.: Neah Waateb,Tsoo. Yess, and Osett, occupying the country around Cape Classeft or Flattery, on behalf of the said tribe and duly antborize by the same, which treaty is in the words and figures following, to wit: Articles of agreement and eonention, made and concluded at Neah n0tn Bay, in the Territory of Washington, this thirty-first day of January, in Partlu. the year eighteen hundred and fifty-ve, by Isaa I. Stevens, goversno and superintendent of Indian affirs for the said Territory, on the part of the United States, and the undersigned chiefho headmen, and delegates of the several villages of the Makah tribe of Indians, viz.: Neah Wasato, Tsoo-Yess, and Osett, occupyiug the country around Cape Classett or Flattery, on behalf of the said tribe and duly authorized by the same. A TIcLz L The said tribe hereby cedes, relinquishes, and conveys Surrder of UidsdStates. to the United States all their right, title, and interest in and to the and country occupied by it, bounded and described as follows, viz: Corn- Bodarim mencing at the mouth of the Oke-ho River, on the Straits of Fuea; thence running westwardly with said straits to Cape Classett or Flattery; thence southwardly.along the coast to Osett, or the lower Cape Flattery; thence eastwardly along the line of lands occupied by the Kwe-ddh-tut or Treatles, at, Kwill-eh-yute tribe of Indians, to the summit of the coast range of moun- P. ' talus, and thence northwardly along the line of lands lately ceded to the United States by the S'Klallan tribe to the place of beginning, including sll the islands lying off the same on the straits and coast. ATICrL I There is, however, reserved for the ptesent use and oeca- Reseatcen. pation of the said tribe the following tract of land, viz.: Commencing on Bo-udarfaL the beach at the mouth of a small brook running into Neah Bay next to the site of the old Spanish fort; thence along the shore round Cape Classett or Flattery, to the mouth of another small stream running into the bay on the south side of said cape, a little above the Waatch village; thence following said brook to its source; thence in a straight line to the source of the first-mentioned brook, and thence following the same down to the place of beginning; which said tract shall be set apart, and so far as necessary surveyed and marked out for their exclusive use; nor shall Whites not to any white man be permitted to reside upon the same without permission reiethr0 -of the said tribe and of the superintendent or agent; but if necessary for ... the public convenience, roads may be run through the said reservation, msde. the Indians being compensated for any damage thereby done them. It is, however, understood that should.the President of the United States hereVOL. xiI 1wu.-121

HeinOnline -- 12 Stat. 939 1855-1863

940

TREATY. WMTH TEM'ArAH TRIBE. JA. 81, 1855.

Other mendly after see fit to place upon the said reservation any other friendly tribe or bands MY 16 band to occupy the sme In common with those above mentioned, he shal! plaed-' kon be

b&dto

e

at liberty A ioLi 7 to do so. said tribe agrees to remove to and settle upon the said I. The

within ay'.

on resration

this treaty, or sooner, if the means are framished them. In the mean time it shall be lawful for them to reside upon any land not in the actual claim

reservation, if required so to d, within one year after the ratification of and occupation of citizens of the United States, and upon any land claimed

Rights an
pri

Proviso. t, t states,.

or oocupied, if with the permission of the owner. ARTIoL. IV. The right of taking fish and of whaling or sealing at usual and accustomed grounds and stations is further secured to said Indians in common with all citizens of the United States, and of erecting temporary. houses for the purpose of curing, together with the privilege of hunting and gathering roots and berries on~open and unclaimed lands: J vds4 Aoeur, That they shall not take shell-ash from any beds staked or

ARiTCLE V, In consideration of the above cession the United States by agree to pay to the said tribe the sum of thirty thousand dollars, in the following manner, that is to say: During the fitt year after the ratification hereog three thousand dollars; for the next two years, twenty-five hundred dollars each year; for the next three years. two thousand dollars each year; for the next four years, one thousand five hundred dollars each year; .and for the next ten years, one thousand dollars each year; all How to be which said sums of money shall be applied to the use and benefit of the applied, said Indians, under the direction of the President of the United States, who may from time to time determine at his discretion upon what beneficial objects to expend the same. And the superintendent of Indian affairs, or other proper offcer, shall each year inform the President of the wishes of said Indians in respect thereto. fAtpopriatio ARTicLE VI. To enable the said Indians to remove to and settle upon for clearln ,nd their aforesaid reservation, and to clear, fence, and break up a sufficient ancng e. quantity of land for cultivation, the United States further agree to. pa" the sum of three thousand dollars, to be laid out and expended under the direction of the President, and in such manner as he shall approve. *And any substantial improvements heretofore made by any individual Indian, and which he may be comVeled to abandon in consequence of this treaty, shall be valued under the direction of the President and payment made therefor accordingly. I Indina my be ARTzCLx.YII. The President may hereafter, when in his opinion the removed ftm interests of the TerriTy shall require, and 4he welfare of said Indians be
the reservation. promoted thereby, remove them from said reservation to such suitable

cultivated by citizens.

place or places within said Territory as he may deem fit, on remunerating them for their improvements and the expenses of their removal, or may rie may be eosolidate them with other friendly tribes or bands; and he may further, 'oedl'ate at his discretion, cause the whole, or any portion of the lands hereby reserved, or of such other land as may be selected in lieu thereof, to be surveyed into lots, and assign the same to such individuals or families as are willing to avail themselves of the privilege, and will locate thereon as a permanent home, on the same terms and subject to the same regulations VoL x.p. 104& as are provided in the sixth article of the treaty with the Omahas, so far Annuities Of as the same may be practicable. tribes not to pay ARTICLu VIIL The annuities of the aforesaid tribe shall not be taken debts of indl to pay the debts of individuals. viduahS. A TioLe IX. The said Indians acknowledge their dependence on the
The Indians reserve ~ to government of the United States, and promise to be friendly with all rln &." citizens thereof, and they pledge themselves to commit no depredations on' T f the property of such citizens. And should any one or more of Abem &p~'eSL violate this pledge, and the fact he satisfactorily proven Wre Abe ~

the property taken shall. be returned, or in default thereof; or tf

;Sot

HeinOnline -- 12 Stat. 940 1855-1863

TREATY WITH THE MAIXA

TRIBE. J". 81,1855.

941

destroyed, compensation may be made by the government out of their annuities. Nor will they make war on any other tribe except in self- Nott mate defence, but will submit all matters of difference between them and other war except. i. Indians to the government of the United States or its agent for decision and abide thereby. And if any of the said Indians commit any depredations on any other Indians within the Territory, the same rule shall prevail as that prescribed in this article in case of depredations against TO 811TaldU citizens. And the said tribe agrees not to shelter or conceal offenders offinde. against the United States, but to deliver up the same for trial by the authorities. ARrIOLE X. The above tribe is desirous to exclude from its reservation Anmites to be wttold from the use of ardent spirits, and to prevent its people from drinking the those drinking same, and therefore it is protided that any Indian belonging thereto who ardent sphits shall be guilty of bringing liquor into said reservation, or who drinks liquor, may have his or her proportion of the annuities withheld from him or her for such time as the President may determine. ARTicLE XL The United States further agree to establish at the general The Unitd agency for the district of Pugets Sound, within one year from the ratifi- ,,Sttsto estabates Soon]an cation hereof, and to support for the period of twenty years, an agricultural tur &. school and industrial school, to be free to children of the said tribe in common for the Indians. with those of the other tribes of said district and to provide a smithy and carpenter's shop, and furnish them with the necessary tools and employ a to provide blacksmith, carpenter and farmer for the like term to instruct the Indians tools and employ in their respective occupations. Provided houever, That should it be deemed expedient a separate school may be established for the benefit of said tribe and such others as may be associated with it, and the like persons employed for the same purposes at some other suitable place. And the United States further agree to employ a physician to reside at 'a pby-feiai, the said central agency, or at such other school should one be established, who shall furnish medicine and advice to the sick, and shall vaceinate them; the expenses of the said school, shops, persons employed and medical attendance to be defrayed by the United States and not deducted
from the annuities. ARTICL] XII. The said tribe agrees to free all slves now hekl by its

people and not to purchase or acquire others hereafter.

oter

The tribe is to o savquire

e

Island or elsewhere out of the dominions of the United States, nor shall st t foreign Indians be permitted to reside in its reservation without consent Foreign Indiam parties as soon as the same shall be ratified by the President of the take effe United States. In testimony whereof, the said Isaac I. Stevens, governor and superin. Signatures, tendent of Indian affairs, and the undersigied, chie, headmen and dele- Jannary 83685. gates of the tribe aforesaid have hereunto set their hands and seals at the place and on the day and year hereinbefore written. ISAAC I. STEVENS, Governor and S erinlendt&. [L. a.]
TSE-KA.UWTL, Head Oaf of the Afaukak 7W. his x mark. -L. 5."

AnTICL XIIL The said tribe finally agrees not to trade at Vancouver's

notto trade out

not to reide an of the superintendent or agent,. ARTICL XIV. This treaty sall be obligatory on the contracting When yto

KAL-CHOTE, Sub-chief of the akabe. his x mark. 'L.s. TAH-A-HOWTL, Sub-chif of the Makahs. his x mark. *L.s: KAH-BACH-SAT, Suchief of the Makahs. his x mark. 'L. 5. KETS-KUS-SUM, Sub.chief of the fakahs his x mark. 'r. *.' HAATSE, Sub-chie ofw M ias. the his x mark. Ls KEH-CHIOOK, Sub-chief of as Mama his x mark. 'L.s. IT-AN-DA-HA, S4-chif of th Maa/ha. his x mark. I. a.' KLAH-PE-AN-HIE, or Andrew Jackson, Sub-eief of e AfahaAs. his x mark. [L.s.) TSAL-AB-OOS, or Peter, Yeah Ville. ie x mark. [L. a.]

HeinOnline -- 12 Stat. 941 1855-1863

942

TREATY WITH THE MAKA

TIB_. J.&i. 81, 1855. his x mark. his x mark. his x mark. his x mark. his xnmark.
his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark.

TAHOLA, e/i V, KLEHT-LI-QUAT-STI, Waatck lage. TOO-WHAII-TAN, Waakhc Village. TAHTS-KIN, ec& rilae. NENCHOOP, NTeah Village AH-DE-AK-TOO-AH, Ona ape.
WILLIAM, ea/ Vllage. . WAK-KEP-TUP, Waatch Villge. KLAHT-TE-DI-YUKE, WaatcA igae. OOBICK, Waatch Vs-Mage. BICH-TOOK, Waath v'lflag. BAHT-SE-DITL, NZeak Fislaga. WACK-SHIE, eah Vi/age. HAH-YO-HWA, W iatcA Vilagre. DAHT-LEEK, or Mines, Ontt Vsijage. PAH-HAT, _Noah riVle. PAI-YEH, Oseft Vilage.

.s. 'L. a. LL. 8. 'L. a: '. a L. B.
'L. e,' "L. S.: 'L. s. 'L. 8. "L. s. L. a.' L. S." L. s. 'L. s.: L. 8. L. s.

TSAH-WEH-SUP, 1e

AL-IS-KAH, OseW Viage.

Vl-lg

his x mark.

KWE-TOW'TL, oah Vllage. KAHT-SAHT-WHA, -eca VVIle. TCHOO-QUUT-LAH, or Yes Sir, NecA Viage.
KLATTS-OW-SEHP, 1eA VV&lae. KAI-KL-CHIS-SUM, leah Y'lage. KAH-KWT-LIT-HA, Waatci Viage. HE-DAH-TITL, flea Vllage. O SAH-DIT-LE-UAD, Waatdc Vzage. KLAH-KU-PIHL, Too-ee Vilge. BILLUK-WHTL, Teoo-9e Village. KWAH-TOO-QUALH, Tooee Vle.

his x mark.

'L. 8.' 'L. S.

his x mark. his x mark. his x mark.
his x mark. his x mark his x mark. his x mark. his x mark. his x mark. his x mark. his x mark.

'L.A:

'L. s.'
'. s."
'L. S.' 'L. S. L.s.: L. s. , 'L. e. L. .. L. 8: L. a.' ".. S. *. s.:

YOOCH-BOOTT, Taco-ea Vilage.
SWELL, or Jeff. Davis, 7Ak viflage,

his x mark.
his x mark.

Executed in the presence of us. The words "five hundred" being first interlined in the 5th article, and erasures made in the 8th and 9th articles. M. T. Snmmoxs, Indin Agent. GEORGE GIBs, Secretr .

B. F. SH&w, iAte p

r.

C. M. HIrc-coCK, M. D. E. S. FOWLER. ORRINGTO1 CUSREAN. Row. DAVIS. And whereas, the said treaty having been dubmitted to tie Senate of CoDmes or sente,march a, United States for its constitutional action thereon, the Senate did, on the 1MB. the eighth day of March, one thousand eight hundred and fifty-nine, advise and consent to the ratification of the same by a resolution -in the

words and figures following, to wit:"IN ExEcuTIVE SUEsoN,

"SmwrTz

op'Ti UNITED STATES,

March'8, 1859.

"ao ve4 (two thirds of the senators present concurring,) That the Senate adviie and consent to the ratification of treaty between the United States and the chiefs, headmen, and delegates of the Makah tribqs of Indians oceupying the country around Cape Classett or Flattery, in Washington Territory, signed 81st January, 1855. / "Attest: "ASBURY DICKINS, SecknP'

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TREATY WITH THE MAXCAR TRIBE.

JAN. 81, 1855.

948

Now, therefore, be it known that I, JAMES BUCHANAN, President Prktio, of the United States of America, do, in pnrsuance of the advice and Apri 18is859. consent of the Senate as expressed in their resolution of March eighth, eighteen hundred and fifty-nine, hereby accept, ratify, and confirm the 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 eighteenth day of April,
CszAL.] in the year of our Lord one thousand eight hundred and ynine, and of the independence of the United States the eightythir JAM S BUCHANAN.

By the President:

.amws Ci,.,

Bovw.y of &w.

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TRX&TY WITH THE WALL&-WALLAS, &

Jm

9, 1855

Treat hetwwsn do United StaWe and the Walls-Wae, Caues1 V Umiatila 2Wbes and Band, of Indian in Washington and Oregon Trritona. Obolded at Camp Sens,in tae Walla- Watfa Va , WVashington Terrvwy, June 9, 1855. Ratified by th Senate, Mardt 8,1859. .Iwocuied by tae Presidentof the Visitd Sate., April 11, 1859.

JAMES BUCHLAN,
PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALL AND SINGULAR TO WHOM TRUE PRISMRT SHALL COME, GREIUrGN: June 9, 1U

W ;nuAe a treaty was made and concluded at the treaty ground, Camp Stevens, in the Walla-Walla Valley on the ninth day of June, one thousand eight hundred and fify-five, between Isaac L Stevens, governor and superintendent of Indian affairs for the Territory of Washington, and Joel Palmer, superintendent of Indian afirs for Oregon Territory, on the part of the United States, and the hereimafter named chiefs, headmen and delegates of the Walla-WaUa, Cayuses and Umatilla tribes and bands of Indians, occupying lands partly in Washington and partly in Oregon Territory, they being duly authorized thereto by said tribes and bands; which treaty is in the following words and figures, to wit:
.

Preamble.

Artiles of a ment and convention made and concluded at the treaty Contraeting ground, Cap Stevens, in the Wala-Walla Valley, this ninth day of June, Pare". in the year one thousand eight hundred and fifty-five by and between Isaac I Stevens, governor and superintendent of Indian afirs for the Territory of Washington, and Joel Palmer, superintendent of Indian affairs lor Oregon Territory, on the part of the United States, and the undersigned chiefs, headmen, and delegates of the Walla-Wallas, Cayuses, and Umatila tribes, and bands of Indians, occupying lands partly in Washington and partly in Oregon Territories, and who, or the purposes of this treaty, are to be regarded as one nation acting for and in behalf of their respective bands and tribes, they being duly authorized thereto; it being understood that Superintendent L . Stevens assumes to treat with that portion of the above named bands and tribes residing within the Ter- ritory of Washington, and Superintendent Palmer with those residing within Oregon. ARzTiOcL L The above named confederated bands of Indians cede to 08081,0n Of the United States all their right, title, and claim to an and every pat of ads to the tedtat.. the country clahnedby them, included in the following boundaries, to wit: Boundaries. Commeneing at the mouth of the Tom-ton River, in Washington 1 Titory, running thence up said river to its source; thence easterly alonh the summit of the Blue Mountains, and on the southern boundlries of the pur-

chase made of the Nes Pere& Indians, and easterly along that boundary to the western limits of the country claimed by the Shoshonees or Snake
Indians; thence southerly.along that boundary (being the waters of Pow-

der River) to the Source of Powder River, thence to the head waters of Willow Creek, thence down Willow Creek to the Columbia River, thence up the channel of the Columbia River to the lower end of a large island below the mouth of Umatila River, thence northerly to a point on the Yakama River, called Tohmah-luke, thence to Le Lao, thence to the White banks on the Columbia below Priest's Rapids, thence down the Columbia River to the junction of the Columbia and Snake Rivers, thence up the Snake River to the place of beginning: Ar ided, however, That so much

Boundajea

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946

TREATY WITH THE WALLA-WALLAS, &e. Jum

9, 1855.

of the country described above as is contained in the following boundaries shall be set apart as a residence for said Indians, which tract for the purRewwatiu. poses contemplated shall be held and regarded as an Indian reservation; to wit: Commencing in the middle of the channel of Umatilla River opposite the mouth of Wild Horse Creek, thence"up the middle of the channel of said creek to its source, thence southerly to a point in the Blue Mountains, known as Lee's Encampment, thence in a line to the headwaters of Howtome Creek, thence west to the divide between Howtome 4nd Birch Creeks, thence northerly along said divide to a point due west of the southwest corner of William C. McKay's land claim, thence east along his line to his southeast comer, thence in a line to the place of beginning; all of which tract shall be set apart and, so far as necessary, surveyed and Whites not to marked out for their exclusive use; nor shall any white person be perreside thereon, mitted to reside upon the same without permission of the agent and superunlos, 40. intendent. The said tribes and bands agree to remove to and settle upon the same within one year after the ratification of this treaty, without any toa &tfir in year. additional expense to the government other than is provided by this treaty, and until the expiration of the time specified, the said bands shall be permitted to occupy and reside upon the tracts now possessed by them, guaranteeing to all citizen[slof the United States, the right to enter upon and ocupy as settlers any lands not actually enclosed by said Indians: t, a Prodde, also, That the exclusive right of taking fish in the streams running through and bordering said reservation is hereby secured to said prilveges sda the - Indians, and at all other usual and accustomed stations in common with citizens of the United States, and of erecting suitable buildings for curing the same; the privilege of hunting, gathering roots and berries and pasturing their stock on unclaimed lands in common with citizens, is also Proviso Incase secured to them. And pro dua, abo, That if any band or bands of Indians, an tribe does residing in and claiming any portion or portions of the country described cede to th in this article, shall not accede to the terms of this treaty, then the bands beoming parties hereunto agree to reserve such part of the several nd trety. other payments herein named, as a consideration for the entire country described as aforesaid, as shall be in the proportion that their aggregate number may have to the whole number of Indians residing in and claiming the entire country aforesaid, as consideration and payment in full for

n prodd aso, That for the tracts in said country chaimed by them. Imprvements, if' when substantial improvements have been made by any member of the bands being parties to this treaty, who are compelled to abandon them in consequence of said treaty, (they] shall be valued under the direction of the President of the United States, and payment made therefor. A.RTIOL II. In consideration of and payment for the country hereby Payments by te United ceded, the United States agree to pay the bands and tribes of Indians states. claiming territory and resiing in said country, and who remove to and reside upon said reservation, the several sums of money following, to wit: eight thousand dollars per annum for the term of five years, commencing on the firast day of September, 1856; six thousand dollars per annum for the term of five years next succeeding the first five; four thousand dollars per annum for the term of five years next succeeding the second five, and two thousand dollars per annum for the term of five years next succeeding the third five; all of which several sums of money shall be expended for Now to be ex- the use and benefit of the confederated bands herein named, under the pended. direction of the President of the United States, who may from time- to time at his discretion determine what proportion thereof shall.be expended for such objects as in his judgment will promote their well-being, and ad. vance them in civilization, for their moral improvement and education,, for buildings, opening and fencing farms, breaking land, purchasing teams, wagons, agricultural implements and seeds, for clothing, provision and tools, for medical purposes, providing mechanics and farmers, and for arms and ammunition.
AMowance

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TRRATY WITH THE WALLA-WALLAS, &o. Jmm 9, 1855.

947

Ai&Txozu 3H. In addition to the articles advanced the Indians at the United State. time of signing this treaty, the United States agree to expend the sum of fa fty thousand dollars during the first and second years after its ratification, bddfng, &s. for the erection of buildings on the reservation, fencing and opening farms, for the purchase of teams, farming implements, clothing, and provisions, for medicines and tools, for the payment of employ&, and for subsisting the Indians the first year after their removal. ARTICLE IV. In addition to the consideration above specified, the United States agree to erect at suitable points on the reservation, one saw- to ert nw. mill, and one flouring-mill, a building suitable for a hospital, two school- s h, houses, one blacksmith shop, one building for wagon and ploughmaker and ""Pee one carpenter and joineg shop, one dwelling for each, two millers, one far. , mer, one superintendent of farming operations, two school teachers, one blacksmith, one wagon and ploughmaker, one carpenter and joiner, to each of which the necessary out buildings. To purchase and keep in repair for the term of twenty years all necessary mill fixtures and mechanical .tools, medicines and hospital stores, books and stationery for schools, and furniture for employ&. The United States further engage to secure and pay for the services to employ meand subsistence, for the term of twenty years, [of] one superintendent of ohantes, teibfarming operations, one farmer, one blacksmith, one wagon and ploughmaker, one carpenter and joiner, one physician, and two school teachers. AtTIOLI V. The United States further engage to build for th4 head t b dweUchiefs of the Walla-Walls, Cayuse, and Umatila bends each one dwelling- tog. &e. ouse, house, and to plough and fence ten acrescash land the term ofand to pay to fr head es. each five hundred dollars per annum in of for for each, twenty years
The first payment to the Walla-Walla chief to commence upon the sign-

ing of this treaty. To give to the Walla-Wla ehief three yoke of oxen,
three yokes end four chains, one wagon, two-ploughs, twelve hoes, twelve axes, two shovels, and one saddie and bridle, one set of wdtgon harness,

and one set of plough harness, within three months after the signing of thstreaty. for the son of Pio-pio-mox-mox one dwelling-house, end plough "To build

Plo-plo-mo -

and fence fivedollar in land,.and to give him a salary for twenty years, mOZ. one hundred acres of cash per annum, commencing September frst, eighteen hundred and fifty-six. *The improvement named in this section to be completed as soon after the ratification of this treaty as possible. It is further stipulated that Pio-pio-nox-mox is seeed forhe term of. fiva ee e right to build and oesupy a house at or near the mouth of
Yakama River, to he used as a trading post in the sale of his bands of

wild cattle ranging in that district. A, pro'ded also, That in plo aed conseto bquenee the immigrant wagon road from Grend Round to Umtla, eIendeM of *r passing through the reservation herein specified, thus leading to brp turmoils ei end disputes between Indn rd immigrants, and as it is known that a huedrr. er. more desirable and practisable route may be had to the south of the present road, that a sum not exceeding ten thousand dollars shall be expended
in locating and opening a wagon road from Powder River or Grand

Bound, so as to reach the plain at the western base of the Blue Mountains, south of the southern limits of said reservation. Akama Ri Vr The Preddent may, frno time to time at his discretion Atentf wase the whole or such portion as he my think proper, of the tract that land may be
may now or hereafter be set apart as a permanent home for those Indians, e f -

to be surveyed into lots and assgned to such Indians of the onfederated =
hands as may wish to enjoy the privilege, and locate thereon permanently, to a single person over twenty-one years of age, forty acres, to a faily. of two persons, sixty acres, to a family of three and not exceeding five, eighty acres, to a family of six persons end not exceeding tn, one hundred and twenty acres; and to each family otrer ten in number, twenty VOL. Zrr. TRUAT.-122

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948

TREATY WITH T .E WALLA-WALLAS, &a. Juxn 9, 1855

acres to each additional three members; and the President may provide for such rules and regulations as will secure to the family in case of the death of the head thereof, the possession and enjoyment of such permanent home and-improvement thereon; and he may at any time, at his discretion, ifter such person or family has made location on the land assigned Patents may as a permanent home, issue a patent to such person or family for such assigned land, conditioned that the tract shall not be aliened or leased for Issue therefor a longer term than two years, and shall be exempt from levy, sale, or forConditions. feiture, which condition shall continue in force until a State constitution, embracing such land within its limits, shall have been formed and the legRestetion not islature of the State shall remove the restriction: oided, howewr, That to be removed, no State legislature shall remove the restriction herein provided for withunless, &C. out the consent of Congress: And providsd, a&o, That if any person or family, shall at any time, neglect or refose to occupy or till a portion of the land assigned and on which they have located, or shall roam from Assignment of place to place, indicating a desire to abandon his home, the President may paten ma be if the patent shall have been issued, cancel the assignment, and may also
e,"e
'

withhold from such person or family their portion of the annuities or other

money due them, until they shall have returned to such permanent home, and resumed the pursuits of industry, and in default of their return the tract may be declared abandoned, and thereafter assigned to some other person or family of Indians residing on said reservation: And provided, Certain head abso, That the head chiefs of the three principal bands, to wit, Pio-pioehist to have mox-mox, Weyatenatemany, and Wenap-snoot, shall be secured in a tract of at least one hundred and sixty acres of land. 10 sees Annuities of ARTICL VII The annuities of the Indians shall not be taken to pay Indiansanot to pay debts of In-the debts of individual. ARTiCoLi VIIL The confederated bands acknowledge their dependence diduals. Bands to p on the government of the United States and promise to be friendly with all the -citizens thereof, and pledge themselves to commit no depredation i on the property of such citizens, and should any one or more of the In. dians violate this pledge, and the fact be satisfactorily proven before the _to pay &. fo agent, the property taken shall be returned, or in default thereof, or if dePred-daMOD injured or destroyed, compensation may be made by the government out not to make of their annuities ; nor will they make war on any other tribe of Indians
__ *'

war, except, &o.except in self-defence, but submit all matter of difference between them

and other Indians, to the government of the United States or its agents for decision, and abide thereby; and if any of the said Indians commit any depredations on other Indians, the same rule shall prevail as that prescribed in the article in case of depredations against citizens. Said to submit to Indians further engage to submit to and observe all laws, rules, and reguregalatit lations which may be prescribed by the United States for the government of said Indians. Annutieswith- AnToLU IX. In order to prevent the evils of intemperance among hea frmM those drinking liquor. said Indians, it is hereby provided that if any one of them shall ,drink liquor, or procure it for others to drink, [such one] may have his or her proportion of the annuities withheld fim him or her for.such time as the President may determine. Al&TorC X. The said confederated bands agree that, whenever in thb lRght of way reservedorrads opinion of the President of the United States the public interest may rethro1 reserve- quire it, that all roads highways and railroads shall have the right of way through the reservation herein designated or which may at any time hereafter be set apart as a reservation for said Indians. When treaty to AkTioLz XI. This treaty shall be obligatory on the contracting parties e4G as soon as the same shall be ratified by the President and Senate of the United Statei.
June 0, 155.

1Sina=ts

In testimony wherec the said L I. Stevens and Joel Palmer, on the part of the United States, and the undersigned chiefs, headmen, and dele-

HeinOnline -- 12 Stat. 948 1855-1863

TREATY WITH THE WALLA-WALLAS, '&c. Jma 9,1855. gates of the said confederated bands, have hereunto set their hands and seals, this nint day of June, eighteen hundred and fify-five. ISAAC I. STEVENS, [L. .) Governor and Superintendent Wahington Te'ito3. JOEL PALMER, [L. a.) Superintendent nti' Affairs, 0. T. PIO-PIO-MOX-MOX, his x mark. [L.s] Head Chief of Wa.a- Wfian. MEANI-TEAT or Pierre, his x mark. [I) WEYATENATEMANY, his x mark. 1L. Head 0hief of Caywues. WENAP-SNOOT, his x mark. [L. 5.] Head Chief of Visalila KAMASPELLO, his x mark. L. S.' STEACHUS, his x mark. . a. HOWLISH-WAMPO, his x mark. .' FIVE CROWS, his x mark, L. s.' his x mark. 'L. 8: STOCHEANIA, MU-HOWLISH, his x mark. 'L. 5: LIN-TIN-MET-CHEANIA, his x mark. 'L. e. PETAMYO-MOX-MOX, his x mark. 'L. 8. WATASH-TE-WATY, his x mark. 'L. 8: SHE.YAM-NA-KON, his x mark. 'L. S., his x mark. "L. 8. QUA-CHIM, TE-WALCA-TEMANY, his x mark. 'L. 9: KEANTOAN, his x mark. L. ." his x mark. 'L. a.: U-WAIT-QUAICK, TILCH-A-WAIX his x mark. L. 9. LA-TA-CHIN, is x mark. 'L. 8. KACHO-ROLICH, his x mark. "L. a.' KANOCEY, his x mark. 'L. 8: SOM-NA-HOWLISH, his x mark. L. S. TA-WE-WAY, his x mark. I. B.' HA-HATS-ME-CHEAT-PUS, his x mark. L. S. PE-NA-CHEANIT, his x mark. 'L. s.' HA-YO-MA-KIN, his xmark. L. YA-CA-LOX, his x mark. L. 5. NA-KAS, his x mark. 'L. ": STOP-CHA-YEOU, his x mark. 1. a.' HE-YEAU-SHE-KEAUT, his x mark. 'L. S. SHA-WA-WAY, his x mark. "L.6: TAM-CHA-KEY, his x mark. 'L. s; TE-NA-WE-NA-CHA, his x mark. 'L. s. JOHNSON, his x mark. 'L. 8. WHE-LA-CHEY, his x mark. 'L. s. Signed in the presence ofJAXMs Dony, ecretary Treaties. WE C. MCKAY, &oea Treaies. C. CMRoUsE, 0. A. . A. D. P"mu, Intepreter. Jomi WmToiu, his x mar In.epreter. M3ATmW DoFA, his x mark, Itterpreter. WILLX. CRAM, Interprtr. JAms Coxzy, his x mark, I/apreter.
PATRICK McKENzIF, h.erpreter.

Amon. Gnicnr. JR., BMeve Second ideutenant Q1A Infantr.. R. R. Taompsow, Indian Agent. C B. MXzowz, Indin6-Agt.

HeinOnline -- 12 Stat. 949 1855-1863

950
fltMMeh 6,

.TREATY WITH THE WALLA-WALLAS, &b, Jbw 9, 185& And whereas the sad treaty was submitted to the Senate of the United States for its ednstitutional action thereon, and the said Senate did, on the eighth day of March, one thousand eight hundred and fiftynine, advise and consent to the ratification of the same, by a resolution, m the words and
figures following, to wit: "Iii Exnoimvn SzssroN,

.cmnt oSen-

"SrATs oV m

UTZTD STATZE, Marh 8, 1859.

Senate atlvise and consent to the ratification of [the] treaty between the United States and the chiefs, headmen and delegates of the Walla-Wallas, Cayuses and Umatilla tribes of Indians occupying lands partly in Washington and partly in Oregon Territories, and signed the 9th day of June,. 1855. -ASBURY DICKINS, Scweto,' a"Attest:
Aprl 11, 1569.

"Resoed, (two thirds of the senators present concurring,) That the

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 their resolution of March the eighth, one thousand eight hundred and fifty-nine, accept ratify, and confirm said treaty. In testimony whereo, I have caused the seal of the United States to be hereto alxed, and have signed the same with my hand. Done at 'the City of Washington, this eleventh day of April, in the year of our Lord one thousand eight hundred and My. [Sz.L.] nine, and of the independence of the United States the JAMES BUCHANAN. eighty-third. By the President: LEws CABS, &""

Of &at&

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TREATY WITH THE YAXAXAS.

Juimu 9, 180.

T

.Tato of Indua& raty etween s eUnted &ate and the Tka Cownhcld at Qmp &vee, Wals-Waffa Va&y, Jme 9, 1855. Ratfw dy the e nate, March 8,1859. Proclaimedby the Preside t of td United tte, Apri 18, 1859.

JAMES BUCHANAN,
PRESIDENT OF THE UNITED STATE
TO ALL AD SINGUL TO WHOM THESE PRMSNT

OF A RICA, M
SHALL OOMK,GREWING:

June 9,185.

WHzRAs a treaty was made nd concluded at the Treaty Ground, Preamble. Camp Stevens, Walla-Walla Valley, on the ninth day. of June, in the year one thousand eight hundred and fifty-five, between Isaac I. Stevens, governor, and superintendent of Indian affairs, for the Territory of Washington, on the part of the United States, and the hereinafter named head chief, chiefs, headmen and delegates of the Yakama, Palouse, Pisquouse, Wenatshapam, Klkatat, Klinquit, Kow-was-say-ee, Li-ay-was, Skin-pah, Wish-ham, Shyilks, Oche-chotes, Kah-milt-pah, and Se-ap-cat, confederate tribes and bands of Indians, occupying lands lying in Washington Territory, who, for the purposes of this treaty, are to be considered as one ngion, under the name of "Yakam s ," with Xamaiakun as its Head Chief, on behalf of and acting for said bands and tribes, and duly authorized thereto by them; which treaty is in the words and figures following, to wit: Articles of agreement and convention made and concluded at the treaty contact ground, Camp Stevens, Walla-Walla Valley, this ninth day of June, in the patk& year one thousand eight hundred and fifty-five, by and between Isaac I. Stevens, governor and superintendent of Indian affairs for the Territory of Washington, on the part of the United States, and the undersigned head chief, chiefs, headmen and delegates of the Yakama, Palouse, "Pisquouse, Wenatshapam, Klikatat, Klinquit, Kow-was-say-ee, Li-ay-was, Skin-pab, Wish-ham, Shyiks, Oche-chotes, Kah-milt-pah, and Se-ap-cat, confederated tribes and bands of Indians, occupying lands hereinafter bounded and described and lying in Washington Territory, who for the purposes of this treaty are to be considered as one nation, under the name of "Yakama," with Kamaiakun as its head chief, on behalf of and aetig for said tribes and bands, and being duly authorized thereto by them. cension of ARTICLE L The aforesaid confederated tribes and bands of Indians hereby cede, relinquish, and convey to the United States all their right, lands to the and country occupied and claimed United Stes title, and interest in and to the lands by them, and bounded and described as follows, to wit: Commencing at Mount Ranier, thence northerly along the main ridge Boundaries of the Cascade Mountains to the point where the northern tributaries of Lake Che-lan and the southern tributaries of the Methow River have their rise ; thence southeasterly on the divide between the waters of Lake Che-lan and the Methow River to the Columbia River; thence, rossing the Columbia on a true east course, to a point whose longitude is one hundred and nineteen degrees and ten minute.i (1190 10',) which two latter lines separate the above confederated tribes and bands from the Oakinakane tribe of Indians; thence in a true south course to the

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452

TREATY WITH THE YAKAKAS.

JDmN-9, 1855.

forty-eventh (470) parallel of latitude; thence east on said parallel to the main, Palouse River, which two latter lines of boundary separate the above confederated tribes and bands from the Spokanes; thence down the Palouse River to its junction with the Moh-hah-ne.she, or southern tributary of the same; thence, in a southesterly direction, to the. Snake River, at the mouth of the Tucannon River, separating the above confederated tribes from the Wez Pered tribe of Indians; thence down the -Snake River to its junction with the Columbia River; thence up the Columbia River to the "White banks," below the Priest's rapids; thence westerly to a lake called "La Lao;" thence southerly to a point on the Yakama River called Toh-mah-luke; thence, in a southwesterly direotion, to the Columbia River, at the western extremity of the " Big IMland," between the mouths of the Umatilla River and Butler Creek; all which' latter boundaries separate the above confederated tribes and bands from the WallaWlla use, and Umatilla tribes and bands of Indians; thence down the Columbia River to midway between the mouths of White Salmon and Wind Rivers; thence along the divide between said rivers to the main ridge of the Cascade Mountains; and thence along said ridge to the place of beginning. eserratim. AsTiCLE IL There is, however, reserved, from the lands above ceded for the use and occupation of the aforesaid confederated tribes and bands of Indians, the tract of land included within the following boundaries, to wit: Boundarle. Commencing on the Yanma River, at the mouth of the Attah-nam River; thence westerly along said Attah-nam River to the forks; thence along the southern tributary to the Cascade Mountains; thence southerly along the main ridge of said mountains, passing south and east of Mount Adams, to the spur whence flows the waters of the Klickatat and Pisce rivers; thence down said spur to the divide between the waters of said rivers; thence along said divide to the divide separating the waters of' the Satass River from those flowing into the Columbia River; thence along said divide to the main Yakama, eight miles below the mouth of the Satass River; and thence up the Yakama River to the place of beginning. Reservatin to All which traet shall be set apart, and, so far as necesary, surveyed be Set apart, 40. and marked out, for the exclusive use and benefit of said confederated and Indlan to setts thereon; tribes and bands of Indians, as an Indian reservation ; nor shall any whites 3ot to white man, excepting those in the employment of the Indian Department, reside threon. be permitted to reside upon the said reservation without permission of the tribe and the superintendent and agent. And the said confederated tribes and bands agree to remove to, and settle upon, the same, within one year after the ratification of this treaty. In the mean time it shall be lawful for them to reside upon any ground not in the actual claim and occupation of citizens of the United States; and upon any ground claimed or occupied, if with the permission of the owner or claimant. Guaranteeing, however, the right to all citizens of the United States, to enter upon and occupy as settlers any lands not actually occupied and cultivated by said Indians at this time, and not included in the reservation above named. m ments And provided, That any substantial improvements heretofore made by tobepaid for by any Indian, such as fields enclosed and cultivated, and houses erected upon the lands of this treaty, shall be he may be cmpelled to abandon states. in consequence hereby ceded, and which valued, under the direction of the
President of the United States, and payment made therefor in money; or improvements of an equal value made for said Indian upon the reservation. And no Indian will be required to abandon the improvement. aforesaid, now occupied by him, until their value in money,'or improvemeats of an equal value shall be furnished him as aforesaid. ARTIzCL, III.. And prrdd That, if necessary fi the public eon-

HeinOnline -- 12 Stat. 952 1855-1863

TREATY WITH THE YAKAMAS. Jwu 9, 1855.

958

venience, roads may be run through the said reservation; and on the Roads mey be other hand, the right of way, with free access from the same to the nearest made. public highway, is secured to them; as also the right, in common with
citizens of the United States, to travel upon all public highways.

The exclusive right of taking fish in all the streams, where running

Privileg

se-

through or bordering said reservation, is further secured to said confed- cred to ndlan. erated tribes and bands of Indians, as also the right of taking fish at all usual and accustomed places, in common with citizens of the Territory, and of erecting temporary buildings for curing them; together with the privilege of hunting, gathering roots and berries, and pasturing their horses and cattle upon open and unclaimed laud. ARTnC L IV. In consideration of the above cession, the United States Payments by agree to pay to the said confederated tribes and bands of Indians, in addi- the United . states; tion to the goods and provisions distributed to them at the time of signing this treaty, the sum of two hundred thousand dollars, in the following manner, that is to say: sixty thousand dollars, to be expended under the direction of the President of the' United States, the first year after the ratification of this treaty, in providing for their removal to the reservation, breaking up and fencing farms, building houses for them, supplying them with provisions and a suitable outfit, and for such other objects as he may deem necessary, and the remainder in annuities, as follows: for the first five years after the ratification of the treaty, ten thousand dollars each year, commencing September first, 1856; for the next five years, eight thousand dollars each year; for the next five years, six thousand dollars year; and for the next five years, four thousand per year. wer All which sums of money shall be applied to the use and benefit of said how to be ap Indians, under the direction of the President of the United States, who Plied. may from time to time determine, at his discretion, upon what beneficial objects to expend the same for them. And the superintendent of Indian affairs, or other proper officer, shall each year inform the President of the wishes of the Indians in relation thereto. ARTicLz V. The United States further agree to establish at suitable United States ta li b points within said reservation, within one year after the ratification hereof, to es sh two schools, erecting the necessary buildings, keeping them in repair, and providing them with furniture, books, and stationery, one of which shall be an agricultural and industrial school; to be located at the agency, and to be free to the children of the said confederated tribes and bands of Indians, and to employ one superintendent of teaching and two teachers; to build tw9 blacksmiths' shops, to one of which shall be attached a tin- - mechanies' shop, and to the other a gunsmith's shop; one carpenter's shop, one wagon abe , and ploughmaker's shop, and to keep the same in repair and furnished with the necessary tools; to employ one superintendent of farming and two farmers, two blacksmiths, one tinner, one gunsmith, one carpenter, one wagon and ploughmaker, for the instruction of the Indians in trades and to assist them in the same; to erect one saw-mill and one flouring- ,w-mM and mill, keeping the same in repair and furnished with the necessary tools flourng-m1 and fixtures; to erect a hospital, keeping the same in repair and provided hospitaL with the necessary medicines and furniture, and to employ a physician; and to erect, keep in repair, and provided with the necessary furniture, the buildings required for the accommodation of the said employees. The said buildings and establishments to be maintained and kept in repair as aforesaid, and the employees to be kept in service for the period of twenty years. And in view of the fact that the head chief of the said confederated .Swary to head tribes and bands of Indians is expected, and will be called upon, to per- chef; b Oho e form many services of a public character, occupying much of his time, the United States further agree to pay to the said confederated tribes and bands of Indians five hundred dollars per year, for the term of twenty years after the ratification hereof, as a salary for such person as the said

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954

TREATY WITH THE YAKAMAS.

IVuN 9, 1855.

confederated tribes and bands of Indians may select to be their head chief; to build for him at a suitable point on the reservation a comfortable house and properly furnish the same, and to plough and fence ten acres of land. The said salary to be paid to, and the said house to be occupied by, such head chief so long as he may continue to hold that office. Kamalakun is And it is distinctly understood, and agreed that at the time of the conthe head chief, clusion of this treaty Kamaiakun is the duly elected and authorized head chief of the confederated tribes and bands aforesaid, styled the Yakama nation, and is recognized as such by them and by the commissioners on the part of the United States holding this treaty; and all the expenditures and expenses contemplated in this article of this treaty shall be defrayed by the United States, and shall not be deducted from the annuities agreed to be paid to said confederated tribes and bands of Indians. Nor shall the.cost of transporting the goods for the annuity payments be a charge upon the annuities, but shall be defrayed by the United States. may be surveyed cause the whole or such portions of such reservation as he may think Into lots, and assigned to individ- proper, to be surveyed into lots, and assign the same to such individuals uals or families, or families of the said confederated tribes and bands of Indians as are willing to avail themselves of the privilege, and will locate on the same as a permanent home, on the same terms and subject to the same regulations
Vol. x. p. 1044. as are provided in the sixth article of the treaty with the Omahas, so far as the same may be applicable. ARTICLE VII. The annuities of the aforesaid confederated tribes and to Annuities not pay debts of in I duals. bands of Indians shall not be taken to pay the debts of individuals. Reservation ARTICLE V1. The President may, from time to time, at his discretion,

Tribes to pro. ARTICLE VIII. The aforesaid confederated tribes and bands of Indians serve frindly re- acknowledge their dependence upon the government of the United States, lations; and promise to be friendly with all citizens thereof, and pledge themselves
to commit no depredations upon the property of such citizens.

to dpay for

And should any one or more of them violate this pledge, and the fact be satisfactorily proved before the agent, the property taken shall be returned, or in default thereof, or if injured or destroyed, compensation may
be made by the government out of the annuities.

not to make Nor will they make war upon any other tribe, except in self-defence, war but In self- but will submit all matters of difference between them and other Indians defence; to the government of the United States or its agent for decision, and abide
thereby. And if any of the said Indians commit depredations on any other Indians within the Territory of Washington or Oregon, the same rule shall prevail as that provided in this article in case of depredations against citizens. And the said confederated tribes and bands of Indians

offenders.

be withheld from to exclude from their reservation the ue of ardent spirits, and to preveot those who drink ardet sprit, their people from drinking the same, and, therefore, it is provided that any Indian belonging to said confederated tribes and bands of Indians, who is guilty of bringing liquor into said reservation, or who drinks liquor, may have his or her annuities withheld from him or her for such time as the President may determine. Weuatshapaim ARTICLE X. .ndprovided, That there is also reserved and set apart ishery reserved, from the lands ceded by this treaty, for the use and benefit of the aforesaid

agree not to shelter or conceal offenders against the laws of the United States, but to deliver them up to the authorities for trial. Annuities may ARTICLE IX. The said confederated tribes and bands of Indians desire

to surrender

confederated tribes and bands, a tract of land not exceeding in quantity one township of six miles square, situated at the forks of the Pisquouse or Wenatshapam River, and known as the "Wenatshapam fishery," which said reservation shall be surveyed and marked out whenever the Preident may direct, and be subject to the same .provisions and restrictions as other Indian reservations.
When treaty to take effect, ARTICLE XI. This treaty shall be obligatory upon the contracting parties as soon as the same shall be ratified by the President and Senate of

the United States.

HeinOnline -- 12 Stat. 954 1855-1863

TREATY WITH' THE YAKAMAS.

JwNB 9, 1855.

955

In testimony whereof, the said Isaac I. Stevens, governor and super- s%natues, intendent of Indian affairs for the Territory of Washington, and the under- e 9 15. signed head chief, chiefs, headmen, and delegates of the aforesaid confedted tribes and bands of Indians, have hereunto set their hands and als, at the place and on the day and year hereinbefore written. ISAAC L STEVENS, Governor and Superintdent. EL. 5] KAMAIAKUN, SKLOO
OWHI,

his x mark. iiis x mark.
his x mark.

L. S. L. S.
L. S:

TE-COLE-KUN, LA-HOOM, ME-NI-NOCK,
ELIT PALMER,

his x mark. his x mark. his x mark.
his x mark.

"1.s. 'L. ." L. s.
'L.S."

WISH-OCH-KMPITS, KOO-LAT-TOOSE, SHEE-AH-COTTE, TUCK-QUILLE, KA-LOO-AS,. SCHA-NOO-A, 8LA-KISH, Signed and sealed in presence of JAmEs DoTy, Secretary of Treatiesi MXm. CLES. PANDOST, 0. At T.,
WaL C. McKA,

his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark.

'L. S. 'L. 8. 'L.8. 'L. 5. 'L. s. S.' LI. L. 8.

W. H. TAPAN, Sub Indian Agy , W. T., C. CmRousE, 0. M T. PATRICK McKzszis, ntrprer, A. D. PA BURN, ,ermreter, JOEL PsALumtS Superintndent Indian Afaire, 0. T. W. D. BIGLOW, A. D Pmuiwun, Interpreter. And whereas, the said treaty having been submitted to the Senate of Ration, the United States for its constitutional action thereon, the said Senate did, Mamh S,1s5. on the eighth day of March, one thousand eight hundred and fifty-nine, advise and consent to the ratification of the same by a resolution in the words and figures following, to wit:
"SzNATz owr "IN ExECVU TIv Susror, UmvwzD STATES, March 8, 1859.

"Resolved, (two thirds of the senators present concurring,) That the
Senate advise and consent to the ratification of treaty between the United States and the head chief, chiefs, headmen, and delegates of the Yakama,

Palouse, and other confederated tribes and binds of Indians, occupying lands lying in Washington Territory, who, for the purposes of this treaty, are to be considered as one nation, under the name of "Yakama," with Kamaiakun as its head chief, signed 9th June, 1855. "ASBURY DICKINS, ,Sreta." "Attest:

Now, therefore, be it known that I, JAMES BUCHANAN, President Proolamatios, of the United States of America, do, in pursuance of the advice and con- April 8, 189. sent of the Senate, as expressed in their resolution of March eighth, one thousand eight hundred and fifty-nine, acept, ratify, and confirm the said treaty.
VOL. XiI TRAT.-128

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9 8

TREATY WITH THE YAKAXAL&

JuNB.9, 185&

In testimony whereof, I have hereunto caused the seal of the United States to be affixed, and have signed the same with my hand. Done at the city of Washington, this eighteenth day of ApriL the year of our Lord one thousand eight hundred and fift [sAL.] nine, and of the independence of the United States the eightsthird. JAMES BUCHANAN. By the President: Lzwzs CAu, &on" of &W#.

HeinOnline -- 12 Stat. 956 1855-1863

TREATY WITH THE NEZ PERC*S.

Jmm 11, 1855.

ea ij between the Uted States of Amerioa and the Ne PerciIdians. Clonclud at Camp Sen., in Y.e W'zla- Wala Vai/, J'se 11, 1855.

RWtfjd by th

Senate, March 8, 1859.

Peidmt Pro und k thA

of tdo United &ates, April 29, 1859.

JAMES
TO ALL AD

BUCHANAN,

PRESIDENT OF THE UNITED STATES OF AMERICA,
SINGULAR TO WHOM THESE PRESENTS SHALL COME, GREETING: June 11, 185L

WBrEREAS a treaty was made and concluded at the treaty ground, Camp Stevens, in the Walla-Walla Valley, on the eleventh day of June, one thousand eight hundred and fifty-five, between lsaac I. Stevens, governor and superintendent of Indian affairs for the Territory of Washington, and Joel Palmer, superintendent of Indian affairs for Oregon Territory, on the part of the United States, and the hereinafter-named Chiefs, Headmen, and Delegates of the Nez Perc6 tribe of Indians occupying lands lying partly in Oregon and partly in Washington Territory, between the Cascade and the Bitter Root Mpuntains, on behalf of and duly anthorized by said tribe, which said treaty is in the words and figures following, to wit:

Preamble.

ground, Camp Stevens, in the Walla-Walla Valey, this eleventh day of par1eS

Articles of agreement andconvention made and concluded at the treaty

Cont

June, in theyear one thousand eight hundred and fifty-five, by and between Isaac L Stevens, governor and superintendent of Indian affairs for the Territory of Washington, and Jo~l Palmer, superintendent of Indian affairs for Oregon Territory, on the part of the United States, and the undersigned chiefs, headmen, and delegates of the Net Pere4 tribe of Indian! ocepying lands lying partly in Oregon and partly in Washington Territories, between the Cascade and Bitter Root Mountains, on bebalf of, and acting for said tribe, and being duly authorized thereto by them, it being understood that Superintendent Isaac L Stevens assumes to treat only with those of the above-named tribe of Indians residing within the Territory of Washington, and Superintendent Palmer with those residing exclusively in Oregon Territory. ARTioLE L The said Nez Pere6 tribe of Indians hereby cede, reln- Cessionoflands .to the quish and convey to the United States all their right, title, and interest in sa. United and to the country occupied or claimed by them, bounded and described as follows, to wit: Commencing at the source of the Wo-na-ne-she or Boundaries southern tributary of the Palouse River; thence down that river to the main Palouse; thence in a southerly direction to the Snake River, at the mouth of the Tucanon River; thence up the Tucanon to its source in the Blue Mountains; thence southerly along the ridge of the Blue Mountains; thence to a point on Grand Ronde River, midway between Grand Ronde and the mouth of the Woll-low-how River; thence along the divide between the waters of the Woll-low-how and Powder River; thence to the crossing.of Snae River, at the mouth of Powder River; thence to the Salmon River, fifty miles above the place known [as] the "crossing of the' Salmon River;" thence' due liorth tQ the summit of the Bitter Root Mountains; thence along the crest of the Bitter Root Mountains to the place of beginning. ARTiCLE IL There is, however, reserved from the lands above ceded umervatl" for the use and occupation of the said tribe, and as a general reservation

HeinOnline -- 12 Stat. 957 1855-1863

958

TREATY

.,;t= NE7 PERbHS. jM i1, 185&

for other friendly tribes and bands of Indians in Washington Territory, not to exceed the present numbers of the Spokane, Walla-Walla, Cayuse, and Umatilla tribes and bands of Indians, the tract of land included with9oundaries, in the following boundaries, to wit: commencing where the Mob-ha-nashe or soutbein tributary of the Palouse River flows from the spurs of the Bitter R&,ot Mountains; thence down said tributary to the mouth of the Ti-nat-pan-up Creek, thence southerly to the crossing of the Snake River ten miles below the mouth of the Al-po-wa-wi River; thence to the source or the Al-po-wa-wi River in the Blue Mountains; thence along the crest of the Blue Mountains; thence to the crossing of the Grand Ronde River, midway between the Grand Ronde and the mouth of the Wolllow-how River; thence along the divide between the waters of the Welllow-how and Powder Rivers; thence to the crossing of the Snake River fifteen miles below the mouth of the Powder River; thence to the Salmon River above the crossing; thence by the spurs of the Bitter Root Mountains to the place of beginning. Reservation to All which tract shall be set apart, and, so far as necessary, surveyed and Indians to dian reservation; nor shall any white man, excepting those in the employsettle thereon. ment of the Indian department, be permitted to reside upon the said reserWites not, reside thereon vation without permission of the tribe and the superintendent and agent; without, &0. and the said tribe agrees to remove to and settle upon the same within one year after the ratification of this treaty. In the mean time it shall be lawful for them to reside upon any ground not in the actual claim and occupation of citizens of the United States, and upon any ground claimed or occupied, if with the permission of the owner or claimant, guarantying, however, the right to all citizens of the United States to enter upon and occupy as settlers any lands not actually occupied and cultivated by said Indians at this time, and not included in the reservation above named. Improvements And provided that any substantial improvement heretofore made by any tobe paid rby Indian, such as fields enclosed and cultivated, and houses erected upon the thest lands hereby ceded, and which he may be cmpelled to abandon in cnsStates. ed eeycdd n hc emy ecmeldt bno ncne quence of this treaty, shall be valued under the direction of the President of the United States, and payment made therefor in money, or improvements of an equal value be made for said Indian upon the reservation, and no Indian will be required to abandon the improvements aforesaid, now occupied by him, until their value in money or improvemqnts of equal value shall be furnished him as aforesaid. Roads may' be . A.TICLE IlL And provided that, if necessary for the public convenmade. iene, roads may be run through the said reservation, and, on the other be set apart. &c., and marked out for the exclusive use and benefit of said tribe as an In-

hand, the right of way with free access from the same to the nearest public highway is secured to them, as also the right, in common with citizens of the United States, to travel upon all public highways. The use of the Clear Water and other streams flowing through the reservation is also secured to citizens of the United States for rafting purposes, and as publc highways; eured to Indians. through or bordering said reservation is further secured to said Indians; as also the right of taking fish at all usual and accustomed places in common with citizens of the Territory; and of erecting temporary buildings for caring, together with the privilege of hunting, gathering roots and berries, and pasturing their horses and cattle upon open and unclaimed land. Paysents by ARTICLz IV. In consideration of the above cession, the United State. the L~atts4teI agree to pay to the said tribe in addition to the goods and provisions ditributed to them at the time of signing this treaty, the sum of two hundred thousand dollars, in the following manner, that is to say, sixty thousand dollars, to be expended under the direction of the Prendent of the United States, the first year after the ratification of thi,
Privilegs seThe exclusive right of taking fish In all the streams where running

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TREATY WITH THE NEZ PERCS.

Jmu

11, 1855.

959

treaty, in providing for their temoval to the reserve, breaking up and fencing farms, building houses, supplying them with provisions and a suitable outfit, and for such other objects as he may deem necessary, and the remainder in annuities, as follows: for the first five years after the ratification of this treaty, ten thousand dollars each year, commencing September 1, 1856; for he next five years, eight thousand dollars each year; for the next five years, six thousand each year, and for the next five years, four thousand dollars each year. All which said sums of money shall be applied to the use and benefit tPayinents how of the said Indians, under the direction of the President of the United tobe appli d States, who may from time to time determine, at his discretion, upon what beneficial objects to expend the same for them. And the superintendent of Indian affairs, or other proper officer, shall each year inform the President of the wishes of the Indians in relation thereto. ARTICLE V. The United States further agree to establish, at suitable United States
points within said reservation, within one year after the ratification hereof, to establish

two schools, erecting the necessary buildings, keeping the same in repair, and providing them with furniture, books, and stationery, one of which shall be an agricultural and industrial school, to be located at the agency, and to be free to the children of said tribe, and to employ one superintendent of teaching and two teachers; to build two blacksmith's shops, to build meto one of which shall be attached a tin shop and to the other a gun- Ohanics' shops, smith's shop; one carpentei's shop, one wagon and ploughmaker's shop, and to keep the same in repair, and furnished with the necessary tools; to employ one superintendent of farming and two farmers, two blacksmiths, one tinner, one gunsmith, one carpenter, one wagon and ploughmaker, for the instruction of the Indians in trades, and to assist them in the same; to erect one saw-mill and one flouring-mill, keeping the same saw-mrm. in repair, and furnished with the necessary tools and fixtures, and to employ two millers; to erect a hospital, keeping the same in repair, and hospital. provided with the necessary medicines and furniture, and to employ a physician; and to erect, keep in repair, and provide with the necessary furniture .he buildings required for the accommodation of the said employees. The said buildings and establishments to be maintained and kept in repair as aCoresaid, and the employees to be kept in service for the period of twenty years. And in view of the fact that the head chief of the tribe is expected, Salary to headand will be called upon, to perform many services of a public character, ohie, 'o, &e. occupying much of his time, the United States further agrees to pay to the Nez Perc tribe five hundred dollars per year for the term of twenty years, after the ratification hereof, as a salary for such person as the.tribe may select to be its head chief. To build for him, ai a suitable point on the reservation, a comfortable house, and properly furnish the same, and to plough and fence for his use ten acres of land. The said salary to be paid to, and the said house to be occupied by, such head chief so long as he may be elected to that position by his tribe, and no longer. And all the expenditures and expenses contemplated in this fifth article of this treaty shall be defrayed by the United States, and shall not be deducted from the annuities agreed to be paid to said tribe, nor shall the cost of transporting the goods for the annuity payments be a charge upon the annuities, but shal be defrayed by the United States. ARTiCu VL The President may from time to time, at his discre- seservaton be tion, cause the whole, or such portions of such reservation as he may may lotssurveyed into and asthink proper, to be surveyed into lots, and, assign the same to such indi- siped to inddvtviduals or ftmilies of the said tribe as are willing to avail themselves of unis or famiies. the privilege, and will locate on the same as a permanent home, on the same terms and subject to the same regulations as are provided in the sixth article of the treaty with the Omahas in the year 1854, so far as the Vol. x. p. 1044. same may be applicable.

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960
1 Annuitles not

TREATY WITH THE NEZ PEiCtd
dlsof

JUE 11, 1855.

AUTICLE VII. The annuities of the aforesaid tribe shall not be taken to pay thedebts of individuals ARTxL VIII. The aforesaid tribe acknowledge their dependence upon the government of the United States, and promise to be friendly with all citizens thereof, and pledge themselves to commit no depredations on the property of such citizens; and should any one or more of them

serve friendly
relation,

Trbe to pre.

violate this pledge, and the fact be satisfactorily proved before the agent, the property taken shall be returned, or in default thereof, or if injured or destroyed, compensation may be made by the government out of the not to make annuities. Nor will they make war on any other tribe except in selfwar except in defence, but will submit all matters of difference between them and the other Indians to the government of the United States, or its agent, for sef-defene. decision, and abide thereby; and if any of the said Indians commit any depredations on any other Indians within the Territory of Washington, the same rule shall prevail as that prescribed in this article in caes of to surrender depredations against citizens. And the said tribe agrees not to shelter or offenden. conceal offenders against the laws of the United States, but to deliver them up to the authorities for trial. Annuitles may ARTICLE IX. The Nez Pero6s desire to exclude from their reservation to pay for predtions.
those twho 1rtn6 the use of ardent spirits, and to prevent their people from drinking the ardent spirits same; and therefore it is provided that any Indian belonging to said tribe who is guilty of bringing liquor into said reservation, or who drinks liquor, may have his or her proportion of the annuities withheld from him or her for such time as the President may determine. ARTICLE X. The Nez Perc6 Indians having expressed in council a Land of WIt11am Craig. desire that William Craig should continue to live with them, he having uniformly shown himself their friend, it is further agreed 'that the tract of land now occupied by him, and described in his notice to the register and receiver of the land office 6f the Territory of Washington, on the fourth day of June last, shall not be considered a part of the reservation provided for in this treaty, except that it shall be subject in common with the lands of the reservation to the operations of the intercourse act. When treaty to ARTIOLE XI. This treaty shall be obligatory upon the contraeting take effect. parties as soon as the same shall be ratified by the President and Senate of the United States. In testimony whereof, the said Isaae L Stevens, governor and superinSignatures, tendent of Indian" affairs for the Territory of Washington, and Joel June 11, 181. Palmer, superintendent of Indian affairs for Oregon Territory, and the chiefs, headmen, and delegates of the aforesaid Nez Per6 tribe of Indians, have hereunto set their hands and seals, at the place, and on the

day and year hereinbefore written. [L. ISAAC I. STEVENS, Goewr and Sup't Washngton Teiory.
JOEL PALMER, [r. a.]
L. s. .

&priknde*In&an Affair.
ALEIYA, or Lawyer, Head-ctief of the Has Perc4S, APPUSHWA-HITE, or Looking-glass, his x mark. his x mark. JOSEPH, his x mark. JAMES, his x mark. RED WOLF, his x mark. TIMOTHY, his x mark. U-UTE-SIN-MALE-CUN, his x mark. SPOTTED EAGE,

L. a. 'L. s.' 'L. a.'
'L. I.*

'L. a.' 'L. a:

STOOP-TOOP-NIN, or Cut.Hair,
TAH-MPH-MOH-KIN, TIPPELANECBUPOOH, HAH-HAH-STILPILP,

his x mark.
his x mark. his x mark. his x mark.

r.. s.
"L.a. .. L. S.

COOL-COOL-SHUA-NIN,

his x mark.

'L. s.

HeinOnline -- 12 Stat. 960 1855-1863

TREATY WITH THE NEZ PERCtS. Jmz 11, 1855.

SILISH, TOH-TOH-MOLEWlT, TUKY-IN-LIK-IT, TE-HOLE-HOLE-SOOT, ISH-COR-TIM, WER-AS-CUS,
HAH-HAH-STOORE-TEE,

EEE-MAHT-SIN-POOH, TOW.WISH-AU-IL-PILP,
KAY-KAY-MASS,

SPEAKING EAGLE, WAT-TI-WAT-TI-WAH.H1, HOWH-NO-TAH-KUN, TOW-WISH-WANE, WAHPT-TAH-SHOOSHE, BEAD NECKLACE, KOOS-KOOS-TAS-KUT, LEVI, PEbOO-PE-IECTEIM,
PEE.POOME-KAH, PEE-OO-PE-WHI-H1,

HAH-HAH-STLIL-AT-ME, WEE-YOKE-SIN-ATE, WEE-AH-KI,
NECALAHTSIN,

SUCK-ON-TIE, IP-NAT-TAM-MOOSE,
JASON,

KOLE-KOLE-TIL-KY,

IN-MAT-'TUTE-KAH-KY, MOH-SEE-CHEE, GEORGE, NICKE-EL-IT-MAY-HO, SAY-I-EE-OUSE, WIS-TASSE-CUT,

KY-KY-SOO.TE-LUM, KO-KO-WHAY-NEE, KWIN-TO-KOW, PEE-WEE-AU-AP-TAH, WEE-AT-TENAT-IL-PILP,
PEE.OO-PEE-U-IL-PILP, WAH-TASS-TUM-MANNEE, TU-WEE-SI-CE,

LU-EE-SIN-KAH-KOOSE-SIN, HAH-TAL-EE-KIN,

his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his z mark. his x mark. his x mark.

L. 5. L. S.

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"L.58, L. 8. L. 5. L. 8. L. B. L. 8. L. 8.

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L. 8.
L. 5.

L. 8. I.. B.
L. 8.

L. 5.
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L, S."

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Signed and sealed in presenee of usJAmus DoTy, &" of XT eade, W. . Wy C. McK,&, &or" of Trwa4 0. . W. H. TAPW-, S&u.1ndim A w 4 WrLLux CRAIG, haeimtor, A. D. PuERx, lntpetr, Wx- MoBMS, Gwo. 0. BOXuORD, a - mous, O. T. 31M. CLO. PAwo.t, LA.WR Kip, W. IL PzAuoN.

HeinOnline -- 12 Stat. 961 1855-1863

TREATY WITH TIE NEZ PERCftS. JU 11, 1855.' 969 tatiieDal And whereas the said treat having been submitted to the Senate of the United States for its constitutional action thereon, the Senate did, on the March 8,1. eighth day of March, eighteen hundred and fifty-nine, advise and consent to the ratification of the same, by a resolution, in the words and figures following, to wit: "IN Exzcornvw S~ssioN, "SNATE OF THE UNWTED STATES, March 8, 1859. "Rao/vd (two thirds of the senators present concurring,) That the Senate advise and consent to the ratification of treaty between the United States and the chiefs, headmen and delegates of the Nez Perch tribe of Indians, occupying lands lying partly in Washington and partly in Oregon Territories, between the Cascade and Bitter Root Mountains, signed 11th day June, 1855. ." "ASBURY DICKIN~, S cr "Attest:
Proclamation, April 29, 1869.

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 their resolution of the eighth of March, eighteen hundred and fifty-nine, accept, ratify, and confirm the said treaty. In testimony whereof, I have caused the seal of the United States to be hereto affixed, and have signed the same with icy hand. Done at the city of Washington, this twenty-ninth day of April, in the year of our Lord one thousand eight hundred and fiftySEzAL.] nine, and of the independence of the United States the eighty-third. etrJAMES BUCHANAN. By the President: Lewis Ciss, &cret y of $am.

HeinOnline -- 12 Stat. 962 1855-1863

TRXFATY WITH INDIANS IN MIDDLE OREGON. Jm 25, 185&

2Wafy betwee the United Sta and tMe confederated tibe and bands of ldians in Aiude Oreo Conchtded at Wae, in Oregon Territo , June 25, 1855. Ratifled by the Senate, March 8, 1859. Procldimed by tAe Presidentof the United &aie4, pril18, 1869.

JAMES BUCHANAN,
PRESIDENT OF THE UNITED STATES OF AMRICA,
TO ALL AND sfm'GULAR TO wirOx TEsE PREUSTS SHALL COmi, GR.ETiNG: June 26, 186.

WHICnRAS a treaty was made and concluded at Wasco, near the Dalles of the Columbia River, in Oregon Territory, on the twenty-fifth day of June, eighteen hundred and fifty-five, between'Joel Palmer, superintendent of Indian afikirs for the said Territory, on the part of the United States, and the following-named chiefs and headmen of the confederated tribes and bands of Indians residing in Middle Oregon, they being author. ized thereto by their respective bands, to wit: Symtustus, Locks-quis-sa, Shick-a-me, and Kuck-up, chiefs of the Ta-ih or Upper De Chutes band of Walla-Wallas; Stocket-ly and iso, chiefs of Wyam or Lower De Chutes hand of Walla-Wallas , Alexis and Talk-isb, chiefs of the Tenino band of Walla-Wallas; Yise, chief of the Dock-spus or John Day's River band of Walla-Walias; Mark, William Chenook, and Cush-Kella, chiefs of the Dalles band of the Waseoes; Toh-simph, chief of the Ki-gal. twal-la band of the Wascoes, and Wal-la-ehin, chief of the Dog River band of the Wascoes; which treaty is in the words and figures following, to wit:

Preamble.

Articles of agreement and convention made and c6neluded at Wasco, antractin near the Daulles of the Columbia River, in Oregon Territory, by Joel P' Palmer, - superintendent of Indian affairs, on the part of the United States, and the followin-named chiefs and headmen of the confederated tribes and bands of Indians, residing in Middle Oregon, they being duly authorized thereto by their respective bands, to wit: Symtustus, Locksquisa, Shick-a-me, and Kuck-up, chiefs of the Taih or Upper De Chutes band of Walla-Wallas; Stocket-ly and Jso, chiefs of the Wyam or Lower De Chutes band of Walla-Wallas; Alexis and Talk-ish, chiefs of the Tenino band of Walla-Wallas; Yise, chief of the Dock-spus or John Day's River band of Walla-Wallas; Mark, William Chenook, and CushKella, chiefs of the Dalles band of the Wascoes; Toh-simph, chief of the Ki-gal-twal-la band of Wascoes; and Wal-la-chin, chief of the Dog River band of Wacoes. ARTICLE L The above-named confederated bands of Indians cede to Coton of the United States all their right, tide, and claim to all and every part of Udtthe
the country claimed by them, included in the following boundaries, to wit: -i-tte

Commencing in the middle of the Columbia River, at the Cascade Boundari Falls, and running thence southerly to the summit of the Cascade Monrans; thence along said summit to the forty-fourth parallel of north latlAide; thence east on that.parallel to the summit of the Blue Mountains, or the. western boundary of the Sho-sho-ne or Snake country; thence northerly along that summit to a point due east fiot the head waters of Willow Creek; thence west to the head waters of said creek; thence down said stream to its junction with the Columbia River; and thence down the channel of the Columbia River to the place of beginning. 10roVOL.XIL. T.--124

HeinOnline -- 12 Stat. 963 1855-1863

V"

TREATY WITH INDIANS IN MIDDLE OREGON. Jun "25, 1855. vWded,hweer, that so much of the country described above as is contained in the following boundaries, shall, until otherwise directed by the President of the United States, be set apart as a residence for said In. diana, which tract for the purposes contemplated shall be held and regarded as an Indian reservation, to wit:

Reservation.

Commencing in the middle of the channel of the De Chutes River opposite the eastern termination of a range of high lands usually known as the Mutton Mountains; thence westerly to the summit of said range, along the divide to its connection with the Cascade Mountains; thence to the summit of said mountains; thence southerly to Mount Jefferson; thence down the main branch of De Chutes River; heading in this peak, to its junction with De Chutes River; and thence down the middle of the channel of said river to the place of beginning. All of which tract shall be set apart, and, so far as necessary, surveyed and marked out for their Whites not reside thereon to exclusive use; nor shalt any white persons be permitted to reside upon agent and superin. the same unies, &0. tendent. without the concurrent permission of the Bands to settle The said bands and tribes agree to remove to and settle upon the same thereon within within one year after the ratification of this treaty, without any additional a year. expense to the United States other than is provided for by this treaty; and, until the expiration of the time specified, the said bands shall be per. mitted to occupy and reside upon the tracts now possessed by them, guaranteeing to all white citizens the right to enter upon and occupy as settlers any lands not included in said reservation, not not actually en. closed by said Indians. Prvoided, ower, That prior to the removal of said Indians to said reservation, and before any improvements contemplated by this treaty shall hare been commenced, that if the three princiAnother pal bands, to wit: the Wascopum, Tiah, or Upper De Chutes, and the ervation may Lower Do Chutes bands of Wala-Wallas shall express in council, a be selected in desire that some other reservation may be selected for them, that the three
lieu of this, It &o. bands named may select each three persons of their respective bands,

Boundaries.

who with the superintendent of Indian affairs or agent as may by him be directed, shall proceed-to examine, and if another location can be selected, better suited to the' condition and wants of said Indians, that is unoccupied by the whites, and upon which the board of commissioners thus selected may agree, the same 'shall be declared a reservation for said Indians, its and instead of the tract named in this treaty. Prvidod, also, That the expri s e ured to Indians. elusive right of taking fish in the streams running through and bordering said reservation is hereby secured to said Indians; and at all other usual and accustomed stations, in common with citizens of the United States, and of erecting suitable houses for curing the same; also the privilege of hunting, gathering roots and berries, and pasturing their stock on unclaimed lands, in common with citizens, is secured to them. A provided, Proviso In ea aso, That if any band or bands of Indians, residing in and claiming any any band does not acede to portion or portions of the country in -this article, shall not aceede to the
this treaty.

receive such part of the several and other payments herein named as a consideration for the entire country described as aforesaid as shall be in the proportion that their aggregate number may have to the whole number of Indians residing in and claiming the entire country aforesaid, as consideration and payment in fall for the tracts in said country claimed Allowance for by them. Adproided,aso, That where substantial improvements have I.provements if, been made by any members of the bands being parties to this treaty, who are compelled to abandon them in consequence of said treaty, the same shall be valued, under the direction of the President of the United States, and payment made therefor; or, in lien of said payment, improvements of equal extent and value at their option shall be made for them on the tracts assigned to each respectively. ARTC oL IL In consideration of, and payment for, the country hereby

terms of this. treaty, then the bands becoming parties hereunto agree to

HeinOnline -- 12 Stat. 964 1855-1863

TREATY WITH INDIANS IN MIDDLE OEGON. JuN

25,1855.

965

ceded, the United States agree to pay the bands and tribes of Indians P yments by U t claiming territory and residing in said country, the several sums of money t to wit: following, Eight thousand dollars per annum for the first five years, commencing on the first day of September, 1856, or as soon thereafter as practicable. Six thousand dollars per annum for the term of five years next succeeding the first five. Four thousand dollars per annum for the term of five years next sueceeding the second five; and Two thousand dollars per annum for the term of five years next succeeding the third five. All of which several sums of money shall be expended for the use and How to be exbenefit of the confederated bands, under the direetin of the President of pended. the United States, who may from time to time at his discretion determine what proportion thereof shall be expended for such objects as in his judgment will promote their well-being and advance them in civilization; for their moral improvement and education ; for building, opening and fencing farms, breaking land, providing teams, stock, agricultural implements, seeds, &e.; for clothing, provisions, and tools; for medical purposes, providing mechanics and farmers, and for arms and ammunition. AJTICLZ IM The United States agree to pay said Indians the addi- $60,000 addltional sum of fifty thousand dollars, a portion whereof shall be applied to imtoed o the payment for such articles ad may be advanced them at the time of budiu, &0. signing this treaty, and in providing, after the ratification' thereof1 and prior to their removal, such articles as may be deemed by the President essential to their want; for the erection of buildings on the reservation, fencing and opening farms; for the purchase of teams, farming implements, clothing and provisions, .tools, seeds, and for the payment of employees; and for subsisting the Indians the first year after their removal Aj&TioLz IV. In addition to the considerations specified, the United United States States agree to erect, at suitable points on the reservation, one saw-mill toert &. and one fiouring-mill; suitable hospital buildings; one school house; one blacksmith shop with a tin and a gunsmith shop thereto attached; one wagon and ploughmaker shop ; and for one sawyer, one miller, one superintendent of farming operations, a farmer, a physician, a school teacher, a blacksmith, and a wagon and ploughmaker, a dwelling house and the requisite ou~tildings for each; and to purchase and keep in repair for necessary aill fixtures, the time specified for furnishing employees, all books and stationery for mechanics' tools, medicines and hospital stores, schools, and furniture for employees. to fornalh The United States further enage to secure and pay for the services and subsistence, for the term of fifteen years, of one farmer, one black- farmer, nicbsi, smith, and one waon and ploughmaker; and for the term of twenty & e years, of one physician, one sawyer, one miller, one superintendent of farming operations, and one school teacher. to erect The United States also engage to erect four dwelling houses; one for the head chief of the confederated bands, and one each for the Upper and dweng bOus d Lower De Chutes bands of Walla-Wallas, and for the Wasopum band chef of Wascoes, and to fence and plough for each of the said chiefs te acres of land; also to pay the head chief of the confederated bands a saliry of five hundred dollars per annum for twenty years, commencing six months after the three principal bands named in this treaty shall have removed to the reservation, or as soon thereafter as a head chief should be elected: "d prouidad ao,That at any time, when by the death, resignation, or Suessor of chief removal of the chief selected, there shall be a vacancy, and a successor bd them to appointed or selected, the salary, the dwelling and improvements shall be t possessed by said successor, so long as he shall occupy the position as bead chief; so also with. reference to the dwellings and improvements

HeinOnline -- 12 Stat. 965 1855-1863

988

TREATY WITh INDIANS IN MIDDLE OREGON. Jmv"

15, 1856.

provided for by this treaty for the head chiets of the three principal bands named.
Lauds may be ARTICLz V. The President may from time to time at his isacretlon allotted t fl- cause the whole, or such portion as he may think proper, of the tract that vidual Indian may now or hereafter be set apart as a permanent home for these Indians, for e n home to be surveyed into lots and assigned to such Indians of the confederated bands as may wish to enjoy the privilege, and locate thereon permanenty. To a single person over twenty-one years of age, forty acres; to a family of two persoi4s, sixty acres ; to a family of three and not exceeding eve, eighty acres ; to a family of six persons, and not exceeding ten, one hundred and twenty acres; and to each family over ten in number, twenty acres for each additional three members. And- the President may provide such rules and regulations as will secure to the family in case of the death of the head thereof, the possession and enjoyment of such permanent home and the improvement thereon; and he may, at any time, at his discretion, "after such person or family has made location on the land Patent to issue assigned as a permanent home, issue a patent to such person or family for therefor; owsuch assigned land, conditioned that the tract shall not be aliened or leased • for a longer term than two years and shall be exeynpt from levy, sale or forfeiture, which condition shall continue in force until a State constitution embracing such lands within its limits shall have been formed, and the legislature of the State shall remove the restrictions. ovided, however, Restrictions That no State legislature shall remove the restrictions herein provided for mored tbout, without the 6onsent of Congress. And prodd, abso, That if any per&e. son or family shall at any time neglect or refuse to occupy or till a portion of the land assigned and on which'they have located, or shall roam from . place to place indicating a desire to abandon his home, the President may, Patentmay be if the patent shall have been issued, revoke the same, and if not issued, cancel the assignment, and may also withhold from such person, or family, their portion of the annuities or other money due them, until they shall have returned to such permanent home, and resumed the pursuits of industry, and in default of their return.the tract may be declared abandoned, and thereafter assigned to some other person or family of Indians residing Anuuiles of In- on said reservation. dians not to pay ARTICLB V1. The annuities of the Indians shal not be taken to pay the
debts of mndi - debts of individ l.

Bands to pre. ARTiCLz VII The confederated bands acknowledge their dependence se= rendy on the government of the United States, and promise to be friendly with ?0e51), all the citizens thereof, and pledge themselves to commit no depredation on the property of said citizens; and should any one or more of the Indan violate, this pledge, and the fact be satisfactorily proven before the agent, the property taken shall be returried, or in default thereof, or if injured or destroyed, compensation may be made by the government out of not to 0ake their annuities ;-nor will -theymake war on any other tribe of Indians Wer, except,. except in self-defence, but submit all matters of difierenee between them and other Indians to the government of the United States, or its agents, for decision, and abide thereby; and if any of the said Indians commit any depredations on other Indians, the same rule shall prevail as that prescribed in the case of depredations against citizens; said Indians further engage to submit to and observe all laws, rules, and regulations which may be prescribed by the United States for the government of said dep o Anoities tobe ARTILs VIII. In order to prevent the evils of intemperance am woteheld from said Indians, it is hereby provided, that if any one of them shalldr those (honking hrb rvdd l liquor to e weas liquor to excess, or procure it for others to drink his or her proportion of the annuities may be withheld from him or her for such time as the President may determine. AATICLZ IX. The said confederated bands agree that whensoever, in the opinion of the President of the United State., the public interest may

Mndaus.

HeinOnline -- 12 Stat. 966 1855-1863

TREATY WITH INDIANS IN MIDDLE OREGON. Jma 25, 1855.

967

require it, that all roads, highways, and railroads shall have the right of Roads,&, way through the reservation herein designated, or which may at any time mayoe mae reos..hereafter be set apart as a reservation for said Indians. This treaty shall be obligatory on the contracting parties as soon as the When treaty
same shall be ratified by the President and Senate of the United States. to take efect.

In testimony whereof, the said Joel Palmer, on the part of the United Sigature. -States, and the undersigned, chiefs, headmen, and delegates of the said une 2, 1856. confederated bands, have hereunto set their hands and seals, this twentyfifth day of June, eighteen hundred fifty-five. JOEL PALMER, [,. 8.] upetedeW of At&= Affairs, . T. Faeeo. M ARK , his x mark. [L. ' his x mark. rL.. WILLIAM CHENOOK, his x mark. L. s CUSH KELLA, Lower Do Ohut. STOCK-ETLEY, his x mark his x mark.
L. a. . .]

ISO,

Upper De Ohsae& SIMTUSTUS, LOCKSQUISSA, 8HICK-AME, KUCK-UP, ALEXSEE, TALEKISH, Dog Rive; toco. WALACHIN, TAH SYMPH, ASH-NA-CHAT, CHE-WOT-NLETH, TE-CHO, SHA-QUALLY, LOUIS, YISE,
STAMITE, TA-CHO,

a.] d. his x mark. his x mark L. a.] his x mark. L.s. his x mark. EL. 16
his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. hie x mark. his x mark. his x mark.
his x mark. his x mark.

[.. .
L. "L. s.' s: 'r. 'L. s.' 'L.S.'
L. 5.

L.s. 'L. a.'

s. "L.

L. sy: "L. s.'

PENOP-TEYOT, ELOSH-KISH-KIE, AM. ZELIC, KE-CHAC, TANES SALMON, TA-KOS,
DAVID, SOWAL-WE,

'rL. S., '.. s: 'r.. s" 'r . 't. s.' r.
. a. L. .. L..

YAWAN-SHEWIT, OWN-APS,

POSTIE, KOSSA,

PA-WASH-TI-MANE, MA-WE-NIT, TIPSO, JIM,

his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark.

*. S." . a.' 1L. s. 'L. a.' s.' *L.a.' 'L.s:

HeinOnline -- 12 Stat. 967 1855-1863

968

TREATY WITH INDIANS IN MIDDLE OREGON. J"B .25, ISS PETER, NA-YOCT, WAL-TACOM, CHO-KALTH, PAL-STA, MISSION JOHN, LE KA-YA, LA-WIT-CHIN, LOW-LAS, THOMSON, CHARLEY, COPEFORNIA, WA-TOI-METTLA, RE-LA, PA-OW-NE, KUCK-UP, POYET, YA-WA-CLAX, TAM-CHA-WIT, TAM-MO-YO-CAM, WAS-CA-CAN, TALLE KISH, WALEME TOACI, SITE-WE.LOCH, MA-NI-NECT, PICH-KAN, EYE-EYA, KAM-KUS, SIM-YO, KAS-LA-CHIN, PIO-SHO-SHE, MOP-PA-MAN, SHOES, TA-MO-LITS, KA-LIM, TA-YES, WAS-EN-WAS, E-YATII KLOPPY, PADDY, STO-QUIN, CHARLEY-MAN, ILE-CHO, PATE-CHAM,. YAN-CHE-WOC, YA-TOCH-LA-LE, ALPY, PICH, WILLIAM, PETER, ISCHA YA, GEORGE, JIM, SE-YA-LAS-A, HA-LAI-KOLA, PIERRO, ASH-LO-WASH, PAYA-TILCH, SAE-PA-WALTCHA) his F mark. his t mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark.
his x mark. his x mark.

"L.& 'L. s.
. L. s.

L. s.
'L. 8:
L. S.

'L. . L.s.. 'L. o. 'L. a. 'L. a: I. s. 'L. s. 'L.S. 'L. s." L. a.' "L.S. 'L. s.
L. s. L. ..

POUH-QUA

his x mark. his x mark. his x mark. his xmark. his x mark. his k mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x.mark. his x mark. his x mark. his x mark. his x mark. his i mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark.
his x mark.

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HeinOnline -- 12 Stat. 968 1855-1863

TRFATY WITH INDIANS IN MIDDLE OREGON. Jmu
SHALQUILKEY, his x mark.

25, 1855.

969

WA-QUAL-LOL, SIM-KUI-KU!, WACHA-CHILEY, CHI-KAL-KIN, SQUA-YASH, SHA KA, KEAUI-SENE,
CHE-CHIS,

.

IL. S.: his x mark. [L. s. his x mark. '.. shis x mark. fiL. s. his x mark. L. s. his x mark. L. s. his x mark. 'r. 8., his x mark. 'L. s.
his x mark. 'L. a.

SCHE-NOWAY, SCHO-LEY, WE-YA-THLEY, PA-LEYATHLEY, KEYATH, I-POTH-PAL, S. KOLPS, WALIMTALIN,
TASH WICK,

his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark.
hig x mark.

'L. s.: L. s. 'L.a.' rL.s. 'L.s.' . . . . 'L. 8:
'L. s. L. S. 'L. .: 'L. s. L. B.' 'L. s.:

HAWATCH-CANI, TA-WAIT-CLA, PATOCH SNORT,
TACflINS, COMOCHAL,

PASSAYEI, WATAN-CHA, TA-WASH, A-NOUTH-SHOT, HANWAKE, PATA-LA-SET, TASH-WEICT,
WESCHA-MATOLLA, CHLE-MOCHLF-MO,.

his x mark. his x mark. his x mark. his z mark. his x mark. his x mark. his x mark. his x mark. his x, mark. his x mark. his x mark. his x mark.
hii x mark. his x mark.

'L.a. L. S.' 'L. S. 'L. B.' 'L. a.'
'L. s: L. s.
L. .

L. S.

QUAE-TUS, SKUILTS, PANOSPAM, STOLAMETA, TAMAYECHOTOTE, QUA-LOSH-KIN,
WISKA KA, CHE-LO-THA,

his z mark. his x mark. his x mark. his x mark. his x mark. mark. hid x mark.
his x his x mark.

't. a.' L. B. L. S. 'L. sB L. ., 'L. S. L. s.
'L. s."

WETONE-YATH WE-YA-LO-CHO-WIT, YOKA-NOLTH, WACHA-KA-POLLE, KON-NE, ASH-KA-WISH,
PASQUA,

his x mark. his x mark. his x mark. his x mark. hix mark. his x mark.
his x mark.

'L. s.' 'r. B.
L. BC L. B:

L..: L.s:
'L. s.

WASSO-KUI, QUAINO-SATH, CHA-YA-TEMA, WA-YA-LO-CHOL-WIT, FLITCH Kul KU , WALCHA KAS, WATCH-TLA, ENIAS, Sned in presence ofR.~ R. Tuosox, 1nurs 4wut.
W. C. McKA,

his-x mark. his x mark. his x mark. his x mark.
his x mark.

"L.8. 'L. a.' L. s. 'L. S.
L. S."

his x mark. his xzmak. his z mark

'L. 8. L. S. L.

creap of 2n aty, 0. T.

HeinOnline -- 12 Stat. 969 1855-1863

970 T2EATY WITH INDIANS IN MIDDLE OREGON. IL R. METCLFE, Indian Su&. ent.
C. MESPOTIE. Jomr FLETr, Ite'Vrete. DomnricK JONDRON, his x mark, 1kote2t?. MA&T W DoPA, his x mark, Zwoprtr.

Jmq 25, 1856.

And whereas, the said treaty having been submitted to the Senate of Consent of SVn., mh 8, the United States for its constitutional action thereon, the Senate did, un the eighth day of Mrch, eighteen hundred and fifty-nine, advise and consent to the ratification of the same by a resolution in the words and figures fonowing, to wit: "IN ExBOUuvu SESSION, SENATE or min UNITED STATES, March 8, 1859. "Resoved, (two thirds of the senators present concurring,) That the Senate advise and consent to the ratification of treaty between the United States and the Chiefs and Headmen of the confederated tribes and bands of Indians, residing in Middle Oregon, signed the 25th day of June, 1855. "ASBURY DICKINS, Scretary." "Attest: Proismation, Now, therefore, be it known that I, JAMES BUCHANAN, President April 18, 1859. of the United States of America, do, in pursuance of the advice and consent of the Senate as expressed in their resolution of the eighth of March, eighteen hundred and fifty-nine, accept, ratify, and confirm the said treaty. In testimony whereof, I have caused the seal of the United States to be hereto affixed, and have signed the same with my hand. Done at the City of Washington, this eighteenth day of April, in the year of our Lord one thousand eight hundred and fifty[SEL.). nine, and of the Independenc of the United $tates the eightythird. JAMES BUCHANAN. By the President: Lnwxa C.,ss, Seervtoy of &xf&

HeinOnline -- 12 Stat. 970 1855-1863

TRUATY WITH THE QUI-NA-ELTS, &a. JuLy 1 1855. Am 25, 1856.

971

2W.at between the United SW and tMe Qui-na-elt and Quil-lekIndian. Concluded on the Qui-nai-et Rivser, in the Tefitory of Washington, July 1, 1855, and at tA it of Olympia, January 25,
1856. Ratified by the enate, March 8, 1859. President of the United &ate, April 11, 1859. Prclaimed 6eY

JAMES BUCHANAN;
PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALL AND SIGULAR TO WHOM THESE PRASNTS SHALL COM, GaZRTzkG: January 25, 1856. July 1,1855

WniuAs a treaty was made and concluded on the Qui-nai-elt River, in the Territory of Washington, on the first day of July, one thousand eight hundred and fifty-five, and at the city of Olympia also in said Territory, on the twenty-fifth day of January, one thousand eight hundred and fifty-six, between Isaac I. Stevens, governor and superintendent of Indian affiirs in the Territory aforesaid, on the part of the United States, and the hereinafter-named chiefs, headmen, and delegates of the different tribes and bands of the Qui-nai-elt and Quil-leh-ute Indians, on the part of said tribes and bands, and duly authorized thereto by them; which treaty is in the words and figures following, to wit :-

Preambie.

Articles of agreement and convention made and concluded by and Contracting between Isaac I Stevens, governor and superintendent of Indian affairs, Pe u t of the Territory of Washington, on the part of the United States, and the undersigned chiefs, headmen, and delegates of the different tribes and bands of the Qui-nai-elt and Quil-leh ute Indians, on the part of said

tribes and bands, and duly authorized thereto by them.
ARTiCLz L The said tribes and bands hereby cede, relinquish, and eurrender of convey to the United States all their right, title, and interest in and to the lan to the United States. lands and country occupied by them, bounded and described as follows: Commencing at a point on the Pacific coast, which is the southwest corner Boundaries of the lands lately ceded by the Makah tribe of Indians to the United States, and running easterly with 'and along the southern boundary of the said Makah tribe to the middle of the coast range of mountains; thence southerly with said range of mountains to their intersection with the dividing ridge between the Chehalis and Quiniatl Rivers; thence westerly with said ridge to the Pacific coast; thence northerly along said coast to the place of beginning. ARTIoLE 11. There shall, however, be reserved, for the use and occu- Resernua pation of the tribes and. bands aforesaid, a tract or tracts of land sufficient within the Tedfor their wants within the Territory of Washington, to be selected by the =of Washin. President of the United States, and hereafter surveyed or located and set apart for their exclusive use, and no white xnan shall be permitted to Whitese not to e reside thereon without permission of the tribe and of the superintendent ?ealdO th r on, unless, &a. of Indian affairs or Indian agent. And the said tribes and bands agree bxuans"t re. to remove to and settle upon the same within one year after the ratification move and settle of this treaty, or sooner if the means are furnished them. In the mean time there. it 9ball be lawful for them to reside upon any lands not in the actual claim and occupation of citizens of the United States, and upon any lands claimed or occupied, if with the permission of the owner or claimant. If necessary for the public convenience, roads may be run through aid Boads may be reservation, on compensation being made for any damage sustained thereby. made. VOL. Xii. TBAT,.-126

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979

TREATY W ITH THE QUI-NA.ELTS, &a. Juztr 1,'1855.

ILu4.

25, IM

privlpege$s
Indians.

Rights and

eared to the

ARTICL1 M. The right of taking fish at all usual and accustomed - grounds and stations is secured to said Indians in common with all citizens of the Territory, and of erecting temporary houses for the purpose of caring the same; together with the privilege of hunting, gathering roots and berries, and pasturing their horses on all open and unclaimed lands. Provided, however, That they shall not take shell-fish from any beds staked or cultivated by citizens; and provided, also, that they shall alter all stallions not intended for breeding, and shall keep up and confine the stallions themselves.

dollars, in the following manner, that is to say: For the first year after the ratification hereof, two thousand five hundred dollars; for the next two years, two thousand dollars each year; for the next three years, one thousand six hundred dollars each year; for the next four years, one thousand three hundred dollars each year; for the next five years, one thousand dollars each year; and for the next five years, seven hundred How to be dollars each year. All of which sums of money shall be applied to the applied, use and benefit of the said Indians under the directions of the President of the United States, who may from time to time -determine at his discretion upon what beneficial objects to expend the same; and the superintendent of Indian afifairs, or other proper officer, shall each year inform the President of the wishes of said Indians in respect thereto. Apprprioion ARTICLE V. To enable the said Indians to remove to and settle upon for removal for such reservation as may be selected for them by the President, and to olesring andl ecing land, &3.clear, fence, and break up a sufficient quantity of land for cultivation, the United States further agree to pay the sum of two thousand five hundred dollars, to be laid out and expended under the direction of the President, and in such manner as he shall approve. Indians may ARTICLE VI The President may hereafter, when in his opinion the be removed Iom interests of the Territory shall require, and the welfare of the said Indians the reservatio be promoted by it, remove them from said reservation or reservatiohs to such other suitable place or places within said Territory as he may deem fit, on remunerating them for their improvements and the expenses of Tribes and an- their removal, or may consolidate them with other friendly tribes or bands, naites may be in which latter case the annuities, payable to the consolidated tribes eonsolidat6d respectively, shall also b3 consolidated; and he may further, at his discretion, cause the whole or any portion of the lands to be reserved, or of such other land as mat be selected in lieu thereof, to be surveyed into lots, and assign the same to such individuals or fimilies as are willing to avail themselves of the privilege, and will locate on the same as a permanent home, on the same terms and subject to"the same regulations as are Vol. - p. 1044. ptovided in the sixth article of the treaty with the Omahas, so far as the same may be applicable. Any substantial improvements heretofore made b any Indians, and which they shall be compelled to abandon in consequence of this treaty, shall be valued under the direction of the President, Annuities of and payment made accordingly therefor. nnbes to pa not ARTICLZ V'IL The annuities of the aforesaid tribes and bands shall debts of lndiMkl- not be taken to pay the debts of individuals. uals. ARTICLE VIII. The said tribes and bands acknowledge their depenpreserve friendly deuce on the government of the United States, and promise to be friendly

Payments by .AISTICLB IV. In consideration of the above cession, the United States the United agree to pay to the said tribes and bands the sum of twenty-five thousand

States.

relatons, &o.

with all citizens thereof, and pledge themselves to commit no depredations on the property of such citizens; and should any one or more of them violate this pledge, and the fact be satisfactorily proven before the agent, to pay for the property taken shall be returned, or in default thereof, or if injured or lepredauons. destroyed, compensation may be made by the government out of their not to make annuities. Nor will they make war on any other tribe except In selfwar, except &a. defence, but will submit all matters of difference between them and other Indians to the government of the United States, or its agent, for decision,

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TREATY WITH THE QI-NAI-ELTS, &a. JULT 1, 1856. JAN. 3 1856

978

and abide thereby; and if any of the said Indians commit any depredations on any other Indians within the Territory, the same rule shall prevail as is prescribed in this article in cases of depredations against citizens. And r the said tribes and bands agree not to shelter or conceal offenders against To suxr nd the laws of the United States, but to deliver them to the athorities for trial. ARTICLE IX. The above tribes and bands are desirous .to exclude Amrnitle to be from their reservations t*e use of ardent spirits, and to prevent ,heir wthheed from
people from drinking the same, and therefore it is provided, that any &e. aeat Indian belonging to said tribes, who is guilty of bringing liquor into said spirits.

reservations, or who drinks liquor, may have his or her proportion of the annuities withheld from him or her, for such time as the President may determine.

ArICLE X. The United States further " to establish at the The United general agency for the district of Puget Sound, within one year from the States to establish an agrdoulratification hereof, and to support for a period of twenty years, an agri- tQ &.school cultural and industrial school, to be free to the dhildren of the said tribes for the Iadians. and bands in common with thote of thfe other tribes of said district, and to provide the said schol with a suitable instructor or instructors, and also to provide a smithy and carpenter's shop, and furnish them with the necessary tools, and to employ a blacksmith, carpenter, and fa for the term to em icy of twenty years, to instruct the Indians in their respective occupations. meomc5 &e And the United States further agree to employ a physician to reside at a phystolan, the said central agency, who shall furnish medicine and advice to their sick, and shall vaccinate them; the expenses of thd said school, shops, employees, and medical attendance to be defrayed by the United States, and not deducted from their annuities. The are ARTICLE X. The said tribes and bands agree to free all slaves now to free all saves and not acquire held by them, and not to purchase or acquire others hereafter. -thSr. ARTIOLE XIL The said tribes and bands finally agree not to trade at Vancouver's Island or elsewhere out of the.dominions of the United States, out of the Uiated nor shall foreign Indians be permitted to reside on their reservations State. without consent of the superintendent or agent. not to iendian ARTICLE XHL This treaty shall be obligatory, on the contracting reservation& y parties as soon as th.k same shall be ratified by the President and Senate Whenetreat to of the United States. In testimony whereof, the said Isaac L Stevens, governor and superin- signatures. tendent of'IndiaA afairs, and the undersigned chiefs, headmen, and dele- July 1,1855. gates of the aforesaid tribes and bands of Indians, have hereunto set their JaniYY25, 85 . hands and seals, at Olympia, January 25, 1856, and on the Qui-nai-61t River, July 1, 1855.
" ISAAC L STEVENS, (kewro, =d S&'4 of A&= Affair.
TAH-HO-LAH, Head ief Q .ite-l tre, his x mark. "T.s. .L. a.: ..

HOW-YAT'L, Head C1ef Qu1 we ftr KAL-LAPE, Sub e QW-4 ate4

hi x mark. his x mark.

L.

TAH-AH-HA-WHT'L,S&ubcefQuUi4.huesihis x mark. LAY-LE-WHASH-EFI, his x mark. E-MAH-LAH-CUP, his x mark. ASH-CHAK-A-WICK, his x mark.

L. & L' 8. L. s.
L. 5.

AY-A-QUAN, YATS-SEE-O-KOP, KARTS-SO-PE-AB, QUAT-A-DE-TOT'L,

his x mark. his x mark. his x mark. his x mark.
mark. mark. mark. mark. mark.

'L. a.' L. a. L. s. L. s:
1L. s. 'L. ." rI. s *L. s." L. s..

NOW-AH-18M, CLA-KISH-KA, KLER-WAY-SR-HUN, QUAR-TER-HEIrL, BAY-YEE-SI-OOS,

hds x his x his x is x his x

HeinOnline -- 12 Stat. 973 1855-1863

974 TREATY WITH THE QU-NAI-ELTS, &c. J.'r HOO-E-YAS'LSEE,
QVILT-LE-SE-MA/ QUA-LATS-KAIM,

1,1855.

JAN.

25, 156. 'L.s.'
'L. s. 'L. 8.

his x mark. his his his t'l tri6e, his
his x mark. his x mark.

YAH-LE-HUM, JE-TAH-LET-SHIN, MA-TA-A-HA, WAH-KEE-NAH, ,Sb-chiefQu
YER-AY-LET'L, ,Su&'ef, SILLEY-MARKL, CHER-LARK-TIN, HOW-YAT-:L, KNE-SHE-GUARTSH, &6-'hief, KLAY-SUMETZ, KAPE, HAY-ET-LITE-', or John,

x marL x mark. x mark. x mark.

.. .s.

L. s.'
L. 9.'
'L. s.' 'L. s. 'L. s.' 'L. s.' 'L. s. 'L. S." 'L. a: L. s.'

his x mark. his x mark. hia x mark. his x mark. his x mark. his x mark. his x mark. his x mark.

Executed in the presence of us; the words "or tracts," in the IL article, and "1 next," in the IV. article, being interlined prior to execution. X. T. Sixxows, SpscW In&n Agent. H. A. GOLDOSOROUGE, CbMmSSMY, 4r. B. F. SHAw, Interprter. JAuzs TILTON, Sinvp-Gmrai Wangton Tmn". F. Kuwwun. J. Y. MILLER. H. D. COOK. And whereas, the said treav having been submitted iothe Senate of Consent Of Senate, Mareh 8, the United States for its constitutional action thereon, the Senate did, on la. the eighth day of March, one thousand eight hundred and fifty-nine, advise and consent to the ratification of the same by a resolution in the words and figures following, to wit: "IN Exzcrxvz Sussiow, SzIJATE OF Tm UIT= STATEs, March 8, 1859. "ResOw (two thirds of the senators present concurring,) That the Senate advise and consent to the ratification of treaty between the United States and the chiefs, headmen, and delegates of the different tribes and bands of the Qui-nai-elt and Quil-leh-ute Indians in Washington Territory, signed let day of July, 1855, and 25th day of January, 1866. "Attest: "ASBOBY DICKINS, &,. k*retJ."
April 11, 189.

Pmsemsetjo

Now, therefore, be it known that , JAMES BUCHANAN, President of the United States of America, do, in pursuance of the advice and consent of the Senate, as expressed in their resolution of March the eighth, one thousand eight hundred and fMfly-ine, accept, ratify, and confirm the said treaty. In testimony whereof I have caused the seal of the United States to be hereto affixed, and have signed the same with my hand. Done at the city of Washington, this eleventh day of April, in the year of our Lord one thousand eight hundred and fify. [(zA..] nine, and of the Independence of the United States the eighty-third. JAMES BUCHANAN. By the President:

Lzwio Cuss, &oretas

&f cde

HeinOnline -- 12 Stat. 974 1855-1863

TREATY WITH THE FLATHEADS, &c. JuLY 16, 1855.

ss ad te PlatheaA Kootenay, and Uppe 26atr~ between se Vdeed Pend d' Oreilles Indians. Concluded at Hil Gate in tae Bitter oot Valley, July 16, 1855. .Ztfld A tyhe Seate, March 8, 1859. Proclaim-ed y the Presidentof the United Stdos, April 18, 1859.

JAMES BUCHANAN,
PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALL AND 81NGULAR TO WHOM THRE PRESENTS SHALL COKE, WRETING: July 16, 1858.

WHERtzAS a treaty was made and concluded at the treaty ground, at Hell Gate, in the Bitter Root Valley, on the sixteenth day of July, eighteen hundred and fifty-five, between Isaac I. Stevens, governor and superintendent of Indian affairs for the Territory of Washington, on the part of the United States, and the hereinafter named chiefs, headmen, and delegates of the confederated tribes of the Flathead, Kootenay, and Upper Pend d'Oreilles Indians, on behalf of and acting for said confederated tribes and duly authorized thereto, by them, which treaty is in the words and figures following, to wit:

Articles of agreement and convention made and concluded at the treaty COntraotlfg ground at Hell Gate, in the Bitter Root Valley, this sixteenth day of July, Part in the year one thousand eight hundred and fifty-five, by and between Isaac I. Stevens, governor and superintendent of Indian affairs for the Territory of Washington, on the part of the United States, and the undersigned chiefs, headmen, and delegates of the confederated tribes of the Flathead, Kootenay, and Upper Pend d'Oreilles Indians, on behalf of and acting for said confederated tribes, and being duly authorized thereto by them. It being understood and agreed that the said confederated tribes do hereby constitute a nation, under the name of the Flathead nation, with Victor, the head chief of the Flathead tribe, as the head chief of the said nation, and that the several chiefs, headmen, and delegates, whose names are signed to this treaty, do hereby, in behalf of their respective tribes, recognise Victor as said head chief. ARTICLE L The said confederated tribes of Indians hereby cede, re- cession of linquish, and convey to the United States all their right, title, and interest lands to the in and to the countryoccupied or claimed by them, bounded and described United State. Commencing on the main ridge of the Rocky Mountains at the forty- Boundarwi ninth (49th) parallel of latitude, thence westwardly on that parallel to the divide between the Flat-bow or Kootenay River and Clarke's Fork; thence southerly and southeasterly along said divide to the one hundred and fifteenth degree of longitude, (1150,) thence in a southwesterly direction to the divide between the sources of the St. Regis Borgia and the Cour d'Alene Rivers, thence sagtheasterly and southerly along the main ridge of the Bitter Root Mountains to the divide between the head waters of the Koos-koos-kee River and of the southwestern fork of the Bitter Root River, thence easterly along the divide separating the waters of the several tributaries of the Bitter Root River from the waters flowing into the Salmon add Snake Rivers to the main ridge of the Rocky Mountains, and thence northerly along said main ridge to the place of beginning. ARTICLE IL There is, however, reserved from the lands above ceded, Reservation. for the use and occupation of the said confederated tribes,.and as a general Indian reservation upon which may be placed other friendly tribes
as follows, to wit:

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076

TREATY WITH THE PLATHADS,-"

JuLy 1A 1855.

and bands ot Indians of the Territory of Washington who may agree to be consolidated with the tribes parties to this treaty, under the common designation of the Flathead nation, with Victor, head chief of the Flathead tribe, as the' head chief of the nation, the tract of land included within the following boundaries, to wit: Boudares. Commencing at the source of the main branch of the Jocko River; thence along the divide separating the waters flowing into the Bitter Hoot River froh those flowing into the Jocko to a point on Clarke's Fork between the Camash and Horse prairies; thence northerly to, and along the divide, bounding on the west the Flathead River, to a point due west from the point half way in latitude between the northern and southern extremities of the Flathead Lake; thence on a due east course to the divide whence the Crow, the Prune, the So-ni-el-em and the Jocko Rivers take their rise, and thence southerly along said divide to the place of beginning. All which tract shall be set apart, and, so far as necessary, surveyed and. marked out for the exclusive use and benedt of said confederated White.not to tribes as an Indian reservation. Nor shall any white man, excepting reside thereon those in the employment of the Indian departrhent. be permitted to reside unless, . upon the said reservation without permission of the confederated tribes, and the superintendent and agent. And the said confederated tribes agree to remove to and settle upon the same within one year after the ratification of this treaty. In the meantime it shall be lawful for them to reside upon any ground not In the actual claim and occupation of citizens of the United States, and upon any ground claimed or occupied if with the'permission of the owner or claimant. Guaranteeing however the right to all citizens of the United States to enter upon and occupy as settlers any lands not actually occupied and cultivated by said Indians at this time, and not included in the reservation Indians to be above named. Andprovidd, That any substantial improvements heretoslowed for Ia- made by any Indian, such as fields enclosed and cultivated and houses fore Losedents on erected upon the lands hereby ceded, and which he may be compelled to abandonPresident of theof this treaty, shall bepayment under the direction in onsequence United States, and valued made therefor in of the money, orreservation; andofno Indian will be be made for abandon the an equal value required to said Indian upon the improvements improvements aforesaid, now occupied by him, until their value in
money or improvements of an equal value shall be fuarnished him as

aforeaid.. Reads may be

An provided, That if necessary for the public convenAR'LEtxo made through te- ience roads may be run through the said reservation ; and, on the other hand, the right of way with free access from the same to the nearest servatlon.

ml~.

public highway is secured to them; as also the right in common with citizens of the United States to travel upon all public highways. The exclusive right of taking fish in all the streams running through or Rights and privileges of In- bordering'said reservation is further secured to said indians ; as also the right of taking fish at all usual and acustomed places, in common with pasturing their horses and cattle upon open and unclaimed land. ARTICLE I In consideration of the above cession, the United States by in addition to the of to tme Unitedagree andpay to the said confederated tribesthe indians, signing this treaty time of provisions distributed to them at good Statei. the sum of one hundred and twenty thousand dollars in the following manner o thet is to saysFor the first year after the ratification hereo, thirty-six thousand dollars, to be expended under the direction of the for their removal to the reservation, braking up dipridina President and fencing farms, building houses for them, and for such other objects as he may deem neessary. For the next four years, six thousand dollars each year for the ne t five years, five thousand dollars each year; for
PAS citizens of the the privilege ofof erectinggathering roots and berries, and together with Territory, and hunting, temporary buildings for curing;

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TREATY WITH THE FLATHEADS, &e. JULY 16, 18.

077

the next five years, four thousand dollars each year; and for the next five years, three thousand dollars each year. All which said sums f money shall be applied to the use and benefit How to be apof the said Indiqns, under the direction of the President of the United pu& States. who may from time to time determine, at his discretion, upon what beneficial objects to expend the same for them, and the superintendent of Indian affairs, or other proper officer, shall each year inform the President of the wishes of the Indians in relation thereto. ARTICLE V. The United States further agree to establish at suiible United @tatn points within said reservation, within one year after the ratification hereof, to establieh an agricultural and industrial school, erecting the necessary buildings, s keeping the same in repair, and providing it with furniture, books, and stationery, to be located at the agency, and to be free to the children of the said tribes, and to employ a suitable instructor or instructors. To mecsnl.'s furnish one blacksmith shop, to which shall be attached a tin and gun sho ,. shop; one carpenter's shop; one.wagon and ploughmaker's shop; and to keep the same in repair, and furnished with the necessary tools. To employ two fuers, one blacksmith, one tinner, one gunsmith, one carpenter, one wagon and plough maker, for the instruction of the Indians in trades, and to assist them in the same. To erect one saw-mill and one flouring- saw and gd mill, keeping the same in repair and furnished with the necessary tools s. and fixtures, and to employ two millers. To erect a hospital, keeping the ospita. same in repair, and provided with the neo arr medicines and furniture, and to employ a physician; and to erect, keep m repair, and provide with the necessary furnitureThe buildings required for the accommodatfo oE the said buildings and establishments to be mainthe said employees. tained and keptperiod of twenty years. and the employees to be kept in service for the in repair as aforesaid, the said confederated tomayin And in view of the fact thatf. tribes of Indians are expected and will be called upon to perform many thael& services of u public character, occupying much of their time, the United States further agree to pay to each of the Flathead, Kootenay, and Upper Pend d'Oreilles tribes five hundred dollars per year, for the term of twenty years after the ratification hrebf, as a salary for such peros as the said confederated tribes may select to be their head chiefs, and to build for them at suitable point. on the reservation a comfortable house, and prop. erly furnish the same, and to plough and fence for each of them ten acres of land. The salary to be paid to, and the said hpuses to be occupied by, such head chiefs so long s they may be elected to that position by their tribes, atd no longer. And all the expenditures and expenses contemplated in this article of certainexthis treaty shall be defrayed by the United States, and shall not be de- pens to be ducted from the annuities agreed to be paid to said tribes. oha te b te cost of transporting the goods for the anniut r payments be a charge upon and not charged on anUities. the annuities, but shall be defrayed by the Untd States. . ARTICLE VL The President may from time to time, at his discretion, cause the whole, or such portion of such reservation as he may think proper, to be surveyed into lots, and assign the same to such individuals Lots maybe Ip1 to mdior families of the said confederated tribes as are willing to avail themselves of the privilege, and will locate on the same as a permanent home, on the same terms and subject to the same regulations as are provided in the sixth article of the treaty with the Omahas, so far as the same may VoL.1. p.106L
be applicable. ARTicLs VIL The annuities of the aforesajd confederated tribes of

A-Wte not Indiana shell not be taken to pay the debts of inividuali. deb of nd . ARTICL VIL The aforesaid confederated tribes of Indians acknowl- Indians to proedge their dependence upon the government of the United States,.and se friendly repromise to be friendly with all citizens thereof, and pledge themselves to 'i' commit no depredations upon the property of such citizens. And should

HeinOnline -- 12 Stat. 977 1855-1863

TiMIAVY WITH THE FLATHEADS, &c. JULY 16,
Tndlans topy any one or more of. them violate this pledge, and the fact be satisfactorily fr depredatons. proved before the agent, the property taken shall be returned, or in default thereof, or if injured or destroyed, compensation may be made by not to make the government out of the annuities. Nor will they make war on any war except, &e other tribe except in self-defence, but will submit all matters of difference between them and other Indians to the government of the United States, or its agent, for decision, and abide thereby. And if any of the said Indians commit any depredations on any other Indians within the jurisdiction of the United States, the same rule shall prevail as that prescribed in this article, in case of depredations against citizens. And the said to surrender tribes agree not to shelter or conceal offenders against the laws of the offenders. United States, but to deliver them up to the authorities for trial. Annuities to ART OLE IX. The said confederated tribes desire to exclude from their be resrveddrink, reservation the use of ardent spirits, and to prevent their people from those who from &C.. ardent spir- drinking the same; and therefore it is provided that any Indian belonging its. to said confederated tribes of Indians who is guilty of bringing liquor into said reservation, or who drinks liquor, may have his or her proportion of the annuities withheld from him or her for such time as the President may determine. Guaranty of ARTICLE X. Ther United States further agree to guaranty the exclureservation sive use of the reservation provided for in this treaty, as against any against certain laims. of Hudeso claims which may be urged by the Hudson Bay Company under the proBay Company. visions of the treaty between the United States and Great Britain of the Vol. I. p. 970. fifteenth of June, eighteen hundred and forty-six, in consequence of the occupation of a trading post on the Pr-in River by the servants of that company. Bitter Root AnTiCLic XI. It is, moreover, provided that the Bitter Root Valley, Vsll8to be sn" above the Lo-lo fork, shal be carefully surveyed and examined, and if veo, and porit shall prove, in the judgment of the President, to be better adapted to tions may be ap-r for resera- the wants of the Flathead tribe than the general reservation provided for tion. in this treaty then such portions of it as may be necessary shall be set meanwhie not apart as a separate reservation for the said tribe. No portion of the to be Opeed for Bitter Root Valley, above the Loo-lo fork, shall be opened to settlement settlesait. until such examination is bad and the decision of the President mad.,

known. When treaiy to ATILCLA XIL This treaty shali be obligatory upon the contracting take effect. parties as soon as the same shall be ratified by the President and Senate of the United States. Signatures, In testimony whereof, the said Isaac L Stevens, governor and superinJly 13, 155. tendent of Indian affairs for the Territory of Washington, and the undersigned head chiefs, chiefs and principal men of the Flathead, Kootenay, and Upper Pend d'Oreilles tribes of Indians, have hereunto set their hands and, seals, at the place and on the day and year hereinbefore writ-

ten.

isAAC . STEVENS, Governor and Skpetinende In an Afaire W. T.
VICTOR, Head cdf of the )YAkd NVatiOn, ALEXANDER, CAf of to Uper Pend d'r oft/ , MICHELLE, O7def of tMe eot 4, AMBROSE, PAH-SOH, BEAR TRACK, ADOLPH, THUNDER, BIG CANOE, KOOTEL CHAH, PAUL, his x mark.- [L. s..1 his x his x his x his x his x his x his x his x his x his x mark. mark. mark. mark. mark. mark. mark. mark. mark. mark. r. a.' 'L. a.' L. a. L. . "L. &: .
L.

s.

'L. s. L; s., L.s. 'L. S.'

HeinOnline -- 12 Stat. 978 1855-1863

TREATY WITH THE FLATHEADS, &C. Jinx 18. 1855. ANDREW, MICHELLE, BATTISTE, GUN FLINT, LITTLE MICHELLE, PAUL SEE, MOSES, J mcs DOT, cr. ." R H. LANSDALE, d Aget. A. W. H. TAPPAN, &b id Hxery R. CRos-Ru, GUSTAVUS SoHoN, FA.wd . "pr .W. A. J. HOscKEiN, Sp. Mi. WILLIAM CRAIG. his x mark. his x mark. his x mark. his x mark. his x mark. his x mark. hi x mark.
[L.

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And whereas, the aid treaty ia'ving been submitted to the Senate of Onmt of the United St,'es for their constitutional action thereon, the Senate did, Soet% 1188S on the eighth day of March, eighteen hundred and fifty-nine, advise and consent to 'the ratification of the same, by a resolution in the words and figures following, to wit: "Ili Fxuourvn Snseiow, THE UNITED. STATES, March 8, 1859. "Rolsos (two thirds of the senators present concurring,) That the Senate advise and consent to the ratification of treaty between the United States and Chiefs Headmen and Delegates of the confederate tribes of the Flathead, Kootenay, and Upper Pend d'Oreinles Indians, who are constituted a nation under the.name of the Flathead Nation, signed 16th day of July, 1856. "ASBURY DICKINS, Swei7t." " Attest:
"SNATE o

Now, therefore, be it known that I, JAMES BUCHANAN, President of the United States of America, do, in pursuance of the advice and eon- April 18, 19. sent of the Senate, as expressed in their resolution of the eighth of March, one thousand eight hundred and fifty-nine, accept, ratify, and confirm the said treaty. In testimony whereof, I have hereunto caunsd the seal of the Uniteci States to be afted, and have signed the same with my hand. Done at the city of Washington, this eighteenth day of April, in the year of our Lord one thousand eight hundred and fifty[SXX.] nine, and f the Independence of the United States the eighty-third eighy-thrd.JAMES BUCHANAN. By the Presidents LEIS CAS, &oretwy of &wta.

VOL. Xm TE

.- 128.

HeinOnline -- 12 Stat. 979 1855-1863

HeinOnline -- 12 Stat. 980 1855-1863

TREATY WITH THE MOLELS.

Dzo. 21, 1855.

Treay behoeen the United &ates ?f America and the *iel lIdianse. Concluded at Dayton, Oregon, December 21, 1855. Aat/fedby t &,nase, MArcA 8, 1859. Proclaimed by thw Preaident of the United ates, Apr 27, 1859.

JAMES BUCHANAN,
PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALL AD SINGULAR TO WHOM THEE PRSEITS 8HALL COMEC, GNRETING:

Dee. 21,18o.

WimRuas a treaty was made and concluded at Dayton, in Oregon, on the twenty-first day of December, one thousand eight hundred and fifty- Preamble. five, between Joel Palmer, superintendent of Indian affairs for the Territory of Oregon, on the part of the United States, and the hereinafternamed chiefh and headmen of the Mo-la--las, or Molel tribe of Indians, on behalf of and duly authorized by the said tribe, which treaty is in the words and figures following, to wit: Articles of convention and agreement entered into this 21st day of De- ontract cember, 1865, between Joel Palmer, superintendent of Indian affairs, ptie. acting for and in behalf of the United States, and the chiefs and headmen of the Mo-lal-la-las, or Molel tribe of Indians, they being authorized by their respective bands in council assembled. ARTxCLE L The above named tribe of Indians hereby cede to the Cession of United States all their right, title, interest and claim to all that part of Ids Btu". o Oregon Territory situated and bounded as hereinafter described, the same Ne being claimed by them. To wit: Beginning at Scott's Peak, being the Boundares northeastern termination of the purchase made of the Umpaquah, and Calpooias of Umpaquah Valley on the 29th day of November, 1854; Vol. z. p.113. thence running southernly on the eastern boundary line of that purchase and the purchase of the Cow Creeks, on the 19th day of September, VoL x. p.1027. 1853, and the tract purchased of the Scotens, Chestas and Grave Creeks, on the nineeenth (eighteenth] day of November, 1854, to the boundary VoL a. p. 1122. of the Rogue River purchase made on the tenth day of September, 1853-;- VoL . P. 1018. thence along the northern boundary of that purchase to the summit of the Cascade Mountains; thence northerly along the summit of said mountains to a point due east of Scott's Peak; thence west to the place of beginning. ARTICLE IL In consideration of the cession and relinquishment Pamento&o herein made, the United States agree to make the following provisions rt, e Unfed for said Indians and pay the sums of money,as follows: 1st. To secure to the members of said tribe aV the rights and priv- ft erV of ileges guaranteed by treaty to the Umpeqmah and Calapooias, of the eund. Uipaqush Valley, jointlf with said tribes, they hereby agreeing to confederate with those bands. 2nd. To erect and keep in repair and famish suitable persons to at-wFlarng and tend the same for the term of ten years, the benefits of which to beOMW shared alike by all the bands confederated, one flouring-mill and one sawmill 8d. To furnish iron, steel, and other materials for supplying the smith's Smith's and shop and tin shop stipulated in the treaty of 29th November, 1854, and tin shop, &o. pay for the services of the necessary mechanics for that service for five VoL z. p. We2. years in addition to the time specified by that treaty. 4th. To establish a manual labor school, employ and pay teachers, Manual labor furnish -all necessary materials and subsistence for pupils, of suffiiento

HeinOnline -- 12 Stat. 981 1855-1863

eapacity to aecommodate all the children belonging to said confederate bands, of suitable age and condition to attend said school apenter and 5th. To employ and pay for the services of a carpenter and joiner for o=n the term of ten years to aid in erecting buildings and making furniture for said IndiAns, and to furnish tools for use in said service. 6th. To employ and pay for the services of a additional farmer for the Additial far. term of five years. mer.
Indibs to reARTICL I. In consequence of the existence of hostilities between move to ree'- the whites and a portion of the Indian tribes in southern Oregon and

tio-

northern California, and the proximity of the Umpaquah reservation to

the.mining district, and tl consequent fluctuating a6d transient popuation, and the frequent commission by whites and Indians of petty offences, calculated to disturb the peace and harmony of the settlement, it is hereby aireed, the Umpaquahs and Calapooias agreeing, that the bands thus confederated shall immediately remove to a tract of land selected on the headwaters of the Yamhill River adjoining the coast reservation, thereon to remain until the proper improvements are made upon that reservation, for the accommodation of said confederate bands, in accordance with the VoL z. p. 112L provisions of this and the treaty of 29th November, 1854, and when so made, to remove to said coast reservation, or such other point as inay, by direction of the President of the United States, be designated for the permanent residence of said Indians. Expns of re- ARTICLz IV. For the purpose of carrying out in good faith the obin Ualtobebr jects expressed in the preceding article, it is hereby agreed on the part United bands United States, that the entire expense attending the removal of the of the named, including transportation and subsistence, and the erection of temporary buildings shall beencampmet designated, as well as medical at the paid by the United States. attendance on the sick, Rations to be AR.JTICLE V. It is frther agreed that ratios, according to the army faxmished the In- regulations, shall be furnished the members of the said confederated &5l5 ands, and distributed to the heads of fatmilies, from the time of their arrival at the encampment on the headwaters of Yambill River until six months after their arrival at the pint selected as their permanent residence. Apprpration ARTICLE I For the purpose of insurinn the means of subsistene
xtigush ite twelve thousand dollars for the extinguishment appropriate the sum of. i-for said Indians, the United States engage to tie, to o of tile and the payment settlers to lands in Graed o of improvements made thereon by white settlers to lands in the Grand Valley Round Valley, the point of encampment referred to, to be used ss wheat farms, or other purposes, for the bene of said Indians, and for the erection of buildings upon the reservation, opening farms, purehasing of tenis, tools and stock; the expenditure of which amounts, and the direction of all the provisions of this convention, shall be in accordance with fe spirit and meaning of the treaty of 29th November, 1854, with the Umpaqua and Calapooa tribes aforesai nd Sinatre. In imtves whereof, we, several pates hereto set our hands and b seals, thedayand date bef tten.

w fw tool andstoc; te exendiure JOEL PALMER, iamutsnd STEENCO GGY,
LATTOHIE, DUGINGS, COUNISNASE, Done In presen e of the underaped w C. M. W~xuR,, T . B . MxAm D.E ,

[L. ofa he direci 5.J
ErL.

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his x mark. LL.. 8.3 hiz mark. LL.. s.J his x mark. (L. s.j htssetedaU

Jowl FLrrr, AztsPrw.

HeinOnline -- 12 Stat. 982 1855-1863

TREATY WITH THE MOLELS. Dzo. 21, 185. We the chiefs and headmen of the Umpaquah and Calapooja tribes, treated with in the Umpaquah Valley, on the 29th day of November, 1854. referred to in the foregoing treaty, to the provisions of this treaty, this day in convention, accede to all the terms therein expressed. In witness whereof, we do severally hereto set our names and seals, the day and date written in the foregoing treaty. LOUIS LA PE CINQUE, PETER,
TOM, BILLY,

983

his x mark. his x mark.

"L. s.'

NESSICK,
GEORGE, BOGUS, CARS, C. M. WALKER,

Ls. L.S. 'L. 8. his x mark. L. 8." his x mark. 'L. s.' his x mark. 'L. a. his x mark. 'L. S. his x mark. his x mark.

Done in the presence of the undersigned witnessesT. R.
MAGRUDER, JOHN FLETT, JI vprder.

And whereas, the said treaty having been submitted to the Senate of Iiauseauon, lo. the United States for its constitutional action thereon, the Senate did, on M2rh S, the eighth day of March, one thousand eight hundred and fifty-nine, advise and consent to the ratification of the same, by a resolution in the words and figures following, to wit.:.

IN

EXECUt.-,& eSSION,

"SENATE OP THE UNITED STATES, March 8, 1859. "Resohv4 (two thirds of the senators present concurring,) That the Senate advise and consent to the ratification of treaty between the United States and the Chiefs and Headmen of the Mo-lal-la-las or Molel trtbe of Indians, signed 21st December, 1855. "Attest : "ASBURY DICKINS, &era." Now, therefore, be it known that I, JAMES BUCHANAN, President ProcamatIon of the United States of America, do, in pursuance of the advice and Aprl 2r, 185. consent of the Senate, as expressed in their resolution of the eighth of March, eighteen hundred and fifty-nine, accept, ratify, and confirm the said treaty. In testimony whereof, I have caused the seal of the United States to be hereto affixed, and have signed the same with my hand. Done at the city of Washington, this twenty-seventh day of April, in the year of our Lord- one thousand eight hundred [snAj.] and fifty-nine, and of the indejiendene of the United States the eighty-third. JAMES BUCHANAN. By the President:
LEWIS CAs, &M" of &d&

HeinOnline -- 12 Stat. 983 1855-1863

HeinOnline -- 12 Stat. 984 1855-1863

CONVENTION WITH NEW GRANADA.

SEnPam

10, 1857.

.9685

TREATIES.
aa'jms Convenion
t ew Groad. obuded at Washington, & tember 10, 1857. Ratifwcadoe exhanged at WasW gtm, .ombe 5, 1860. Prockamed 4 tael Preseint of te Uited at Nvember 8, 1860.
epqt., 1_7 Ane, pp.145, 615.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.
Wmwzis a convention between the United States of America and the Preamble. Republic of New Granada was signed in the city of Washington on the tenth day of September, in the year of our Lord one thousand eight hundred and fifty-seven, which convention, as amended by the high contract,ing parties, is, word for word,.as follows: The United States .of America and the Republic of New Granada, desiring to adjust the claims of citizens of said States against New Granada and to cement the good understanding which happily subsists between the two Republics, have, for that purpose, appointed and conferred full powers, respectively, to wit: The President of the United States upon Lewis Cass, Secretary of State of the United States, and the President of New Granada upon General Pedro A. Herran, Envoy Extraordinary and Minister Plenipotentiary of that republic in the United States, who, after exchanging their full powers, which were found in good and proper form, have agreed to the following articles:
A.RTIOLU L

Los Estados" Unidos de Amdrica Conractng y k Rep6blica de IaNueva Grana- prt". da, deseando arreglar las reclainaclones de ciudadanos de dichos Estados contra Is Nueva Granada y estrechar a buena inteligencia que felizmente subsiste entre las dos Rep6blicas, han nombrado con tal objeto y conferido plenos poderes, respectivamente: El Presidente de los Estados Unidos A Lewis Cass, Secretario de Estado de los Estados Unidos, y el Presidente de la Nueva Granada al General Pedro A. Herran, Enviado Extraordinario yMinistro Plenipoteneirio de la Repdbliea en los Estados Unidos, quienes despues de haberse cambiado sus plenos poderes y de haUarloe en buena y debida forms, han conveido en los artieulos siguientes:
A.3TICULO r0.

All claims on the part of corporations, companies, or individuala, citizens of the United States, upon the government of low Granada, which shall have been presented prior to the first day of September, one thousand eight hundred and fifty-nine, either to the Department of State at Washington, or to the minister of the United States at Bogota, and especially those for

doe, corporaciones, compaflias, 6 par- emissione. ticulares, contra el gobierno de la Nueva Granada, que habrda sido presentadas Antes del primer dia de Setiembre de mil ochocientos cincuenta y nueve, al Departamento de Estado en Washington 6 al Ministro de los Estados Unidos en Bogot*, especialmente las provenientes de

de ciudadanos de los Estados Uni- to be

Todas las reclamaciones de parte

certain claims
rfemd to

HeinOnline -- 12 Stat. 985 1855-1863

986

cofWENTIOw WITH NEW GIUNADA.

SP mrn i0, i857.

riot at Panama on the fifteenth of April, eighteen hundred and fiftysix, for which the said government of New Granada acknowledges its liability, arising out of its privilege and obligation to preserve peace and good order along the transit route, Appointment shall be referred, to a board of c6mo nfemitioners, missioners, consisting of two memhers, one of whom shall be appointed by the government of the United States and one by the government of New Granada. In case of the death, absence, or incapacity of either commissioner, or in the event of Prvis either act, the government Provies ir ing tocommissioner omitting or ceasof the

damages which were caused by the 'dalos causados en el motin que
ocurri6 en PanamA el 15 de Abril de 1856, por los cuales dicho gobierno de Ia Nueva Granada reconoce su rosponsabilidad, derivada del atributo y Ia obligacion que tiene de conservar paz y buen 6rden en aquella via interoceAnica, serdn sometidas 4 una comision compuesta de dos individuos, uno de los cuales serA nombrado por el gobierno de los Estados Unidos, y el otro por el gobierno de la Nueva Granada. En caso de muerte, ausencia, 6 inca. pacidad de uroi de los comisionados, 6 do que por cualqbiera otro motive deje 6 cese los Estados de obrar, el gobierno do Unidos 6 el de la Nue-

Meeting of commi"ioem

Oath.

Umpire.

United States or that of New Ganada, respectively, or the ministerof the latter in the United States, acting by its direction, shall forthwith proceed to ll the vacancy thus oocasioned. The commissioners so named shall meet in the city of Washington within ninety days from the exchange of the ratifieations of this convention, and before proceeding to btuiness shall make and subscribe a solemn oath that they will carefully examine and impartially decide, according to justice and equity, 'upon all the claifs laid before them, under the previsions of this convention, by the government of the United States. And such oath shall be entered on the record of their proceedings. The commissioners shall then proceed to name an arbitrator or um-, pire to decide upon any case or cases on which they may differ in opinion. And if they cannot agree in the selection, the umpire shall be appointed by the minister. of Prussia to the United States, whom the two high contracting parties shall invite to make such appointment, and whose selection shall be conclusive on both parties. ARTICLZ IL

va Granada, respectivamente, 6 el ministro del ditimo en Jos Estados Unidos bajo la ,direecion de su gobierno, prooederi inmediatamente A llenar ]a vacante ocasionada. Los comisionados, nombrados segun se ha espresado, se reunhqn en Ia ciudad de Washington dentro'del t6rmino de noventa dias contados desde el cange de las ratificaciones de esta convencion, y Antes de pro. ceder sus trabajos harrA y 8s mrbir n un solemne juramento de examinar cuidadosamente y fallar con imparcialidad, y en equidad y jus. ticia, sobre todas las reclamaciones que los sen presentadas, con. arreglo 6 las dieposiciones de esta convencion, per el gobierno de los Fs. tados Unidos; y dicho julmmento se har, constar ea el registro do sue trabajos. Los comisionados prooder& en seguida A nombrar un irbitro pam que decida en el caso 6 en log easos en que no puedan ponerse de acuerdo; y si no se convienen en esta eleccion, dicho Arbitro serh nombrado por el ministro de Prusia en los Estados Unidos, al eual las dos altas partes contratantes invitarAn 4 hacer este nombramiento, y c(tya eleocion ser4 pars ambas concluva. AZTICDLO 20 . Nombrado el 6xbitro, los .comlsionados rocederin A examinar y califloar las reclamaciones que conforme A las disposiciones de esta convencion les sean presentadas por

Determinatuon The arbitrator being appointed, of Ctaims the commissioners shall proceed to examine and determine the claims which may be presented to them, under the provisions of this conven-

HeinOnline -- 12 Stat. 986 1855-1863

CONVENTION WITH NEW GRANADA. tion, by the Government of the United States, together with the evidence submitted in support of them, and shall hear, if required, one person in behalf of each government on every separate claim. Each government shall furnish, upon request of either of the commissioners, such papers in its possession as the commissioners may deem important to the just determination of any claims presented to them. In cases where they agree to award an indemnity, they shall determine the amount to be paid, having due regard, in claims which have grown out of the riot at Panama of April 15, 1856, to *damages suffered through death, wounds, robberies, or destruction of property. In cases where they cannot agree the subjects of difference shall be referred to the umpire, before whom each of the commissioners may be heard, and whose decision shall be final.

Smzm= 10, 1857.

el gobierno de los Estados Unidos, juntamente con las pruebas que se lea pasen en apoyo de dichas reclamaciones, y oirfin, si fuere necesario, A una persona de parte de cada gobierno en el ex men de cada reolamacion, Cada gobierno suministrard, i peticion de cualquiera de los comisionados, los documentos quo eaten en su poder y que los omisionados crean importantes pars Is justa calificacion de alguna 6 algunas de las reclamaciones presentadas. En los casos en que ]a comision determine conceder indemnizacion, 11jard la cantidad que so haya de pagar, tomando en consideracion, respecto de las reelamaciones provenientos del motin de Panami del 15 de Abril de 1856, los danos anfidos por muertes, heridas robos 6 destruccion de propiedades. En los casos en qua los dos comisionados no puedan ponerse de acuerdo, los puntos do discordancia serda sometidos al 6rbittv, ante el cual cada uno de ellos podr6 ser oido, y cuya decision seri finaL
X ULO8
.

ARTICL.

IL

The commissioners shall issue certificates of the sums to be paid, by virtue of their awards, to the claimants, and the aggregate amount of said sums shall be paid to the Government of the United States, at Washington, in equal semi-annual payments, the first payment to be made six months from the termination of the commission, and the whole payment to be completed within eight years from the same date; and each of said sums shall bear interest (also payable semiannually) at the rate of six per cent. per annum from the day.on which the awards, respectively, shall have been decreed. To meet these payments the government of New Granada hereby specially appropriates one half of the compensation which may accrue to it from the Panama Railroad Company, in lieu of postages, by virtue of the thirtieth article of the contract between the Republib of New Granada and said company, made April 15, 1850, aID approved June 4, 1850, and
VOL. Xi. TxAaT.-127

Los eoinisionados espedirda cer- Commisioness tifcados do las sumas que deban to gi0v claimants .et.att pagae, en virtud de sus Wios, Aofaumaduemder los reclamantes, y el total monto de their award. dichas sumas ser pagado al gobierno de los Estados Unidos, on Wash- New Granad ington, en cantidades iguales semi- to Paytthe=a anuales, debiendo hacerse el primer St"M, pgo 4 los sais mesa del tdrmino de la comision, y completarse todo el pago dentro de ocho afios contados desde Is misma feeba. Cada una
de las cantidades decretadas ganari intres de seis por ciento (pagadero tambien por semestres) desde el dis en que s pronuncie el fallo respeotivo. Pam hacer estos pagos, el gobierno de Is Nueva Granada destins especialmente la mitad do la cantidad quo debe recibir de Is Appropiilt ue a Compalila del Ferrocarril de Pa-nto F Ycuenta de correos inter- mente. nami por oeeinicos, en virtud del articulo trig6simo del contrato entre la Repdblica de Is Nueva Granada y dieha compaffia, eelebrado en 15 de Abril de 1850 y aprobado el 4 de Junio del mismo afio, y la mitad de

HeinOnline -- 12 Stat. 987 1855-1863

.988

.CONVENTION

WITH NEW Ua"OA. ' Smimwm

10, i857,

also one half of the dividends which it may receive from the net profits of said road, as provided in the fiftyfifth article of the same contract; but if these funds should prove insufficient to make the payments as above stipulated, New Granada will provide other means for that purpose.
ARETrOr1 17.

los dividendos que Is ban de corresponder de Ins utilidades netas de dicho camino, con arreglo Alo dispuesto en el articulo quincuagdsimo quinto del mismo contrato; pero si estos fondos resultaren insufleientes para hacer los pagos segun queda estipulado, Ia Nueva Granada proveeri otros medics $para aquel objeto.
AuTcxuLo

40.

commission to The c9mmission herein provided conclude its la- shall terminate its labors in nine bors in nine months from and including the day months. of its organization; shall keep an accurate record of its proceedings, Secretary. Recrds, and may appoint a secretary to assist in the transaction of its business.
"TZOLZ V.

La comision creada por esta con-" vencion terminari sus funciones 1 los nueve meses contados desde el dia de su instalacion, inclusive, Ilevart un registro exacto de sus trabujos, y podr nombrar un secretario que le ayude en el curso de ells.
ARTIULO 5o.

commission to be sion shall be final and conclusive

Decision of

The proceedings of this commis-

with respect to all the claims before it, and its awards shall be a full discharge to New Granada of all claims df citizens of the United States against that republic which may have accrued prior to the signature of this convention.
ARTICLE VI

Los trabajos' de esta confision seran finales y conclsivos respeeto de todas Ia reclamaciones que le sean presentadas, y sus fallos serAl un completo descargo part InNueva Granada por todas las reclamaciones de ciudadanos de los Estados Unido' "ontra aquella republica quo hayan podido tener origen, ates de Is fecha de esta convencion.
ARTIOULO 6.

k'ayofcomnlsstone and um-

Each government shall pay its
own commissioner, but thb umpire, as well as the incidental expenses of the commission, shall be paid, one halft by th6 United States and the other half by New Granada.
ARTIOLN VML

Cada gobierno costeard su respectivo comisiQnado; pero el Arbitro , los gastos accidentales de ]a comsion serAn pagados pot mitad por ambas repdblicas.
ARTioULo 70.

Exchange of The present convention shall be ratified, and the ratifications exrealOtiddod. changed in Washington. In faith whereof, we, the respective plenipotentiaries, have signed this convention and have hereunto affixed our seals. Done at Washington, this tenth Sfgnature, SePt. 10, Uday of September, in the year of our Lord one thousand eight hundred and fifty-seven. LEW. CASS. [suu..]
P. A. HERRAN. SA.]

La presente conveneion seri ratificada y las ratificaciones serda cangeadas en Washington. En &'de lo cual nosotros los respectivos plenipoteneiarios hemos firmado esta convencion, y sellado con nuestros sellos particulares. Dado en Washington el din dieta de Setiembre del aflo de nuestro'Sefior mil ochocientos cincuenta y siete.

P. A. HERRAN.
LEW. CAS.

rSUAL.i

[sw..J

HeinOnline -- 12 Stat. 988 1855-1863

COJVENTION WITH NEW GRANADA.

Sa-,rRx

10, 1857.
°

989

And whereas the said convention, as amendea1, has been duly ratified on both parts, and the respective ratifications of the same were exchanged at Washington on the fifth instant, by Lewis Cass, Secretary of State of the United States, and Seflor Rafael Pombo, Charg6 d'Affaires ad itterim of the Granadian Confederacy, on the part of their respective governments.

Now, therefore, be it known, that I, JAMES BUCHANAN, President Pro&mtfon, of the United States of America, have caused the said convention to be Nro. 8,110. made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the Unitdd States and the citizens thereof. In witness whereof, I have hereunto set my hand and caused the meal of the United States to be afixed. Done at the city of Washington, this eighth day of November, in the year of our Lord one thousand eight hundred and sixty, s0. and of the Independence of the Ujited States of America the eighty-ifth. JAMES BUCHANAN.
-

[L.

By the President: Lawis CAss, &cre

of SW..

HeinOnline -- 12 Stat. 989 1855-1863

HeinOnline -- 12 Stat. 990 1855-1863

TREATY WITH THE TONAWANDA SENECAS.

Nov. 5. 1857.

Teaty between the Med &ates and td Tonaseoda Bmd of eneca see Vol xL p.
Indiane, Concluded at the meeting-hows on the TonawandaReservation, Y95, note. -ovember 5, 1857. Supplementa, Arti&, (lmglded at the same time and paee. Ratifd by the Snati, Jun 4, 1858. Procamed by the Preue of the United States, March 81, 1869.

JAMES BUCHANAN,
PRESIENT OK THE UNITED STATES OF AXERICA,
TO ALL AND SINGULAR TO WHOM TREE PRESENTS SHALAL COME, GREETING: Nov. 5, 18 .

WHERtEAS, a treaty was made and concluded at the meeting-house, on the Tonawanda reservation, in the county of Genesee, and State of New York, on the fifth day of November, one thousand eight hundred and fiftyseven, by Charles E. Mix, as commissioner on behalf of the United States, and the following persons, viz.: Jabes Ground, Jesse Spring, Isaac Shanks, George Sky, and Ely S. Parker, duly authorized thereunto by the Tonawanda band of Seneca Indians, which treaty is in the following words, to wit:

Preamble.

Articles of agreement and convention made this fifth day of November, in the year one ihousaud eight hundred and fifty-seven, at the meetinghouse on the Tonawanda reservation, in the county of Genesee and State of New York, between Charles E. Mix, commissioner on behalf of the 00"trw"t the parti United States, and the following persons, duly authorized thereunto by Tonawanda band of Seneca Indians, viz.: Jabez Ground, Jesse Spring, Isaac Shanks, George Sky, and Ely S. Parker. Whereas a ertain treaty was heretofore made between the Six Nations 1onmne Treeof New York Indiabs and the United States on the 15th day of January, ties. vii. pp. 160, Vot. 1888, and another between the Seneca nation of Indians and the United ser. States on the 20th day of May, 1842, by which, among other things, the VoL vIL p. 156 Seneca nation of Indians granted and conveyed to Thomas Ludlow Ogden and Joseph Fellows the two certain Indian reservations in'the State of New York known as the Buffalo Creek and the Tonawanda reservations, to be surrendered to the said Ogden and Fellows, on the performance of certain conditions precedent defined in said treaties; and Whereas in and by the said treaties there were surrendered and relin- Terms of said. quished to the United States 500,000 acres of land in the then Territory Treaties. ofWisconsin; and Whereas the United States, In and by said treaties, agreed to set apart for said Indians certain lands in the Indian territory immediately west of Missouri, and to grant the same to them, to be held and enjoyed in feesimple, the quantity of said lands being computed to afford 820 acres to each soul of said Indians, and did agree that any individual, or any number of said Idians, might remove to said territory, and thereupon be entitled to hold and enjoy said lands, and all the benefits of said treaties, aecording to numbers, respectively; and Whereas the United States did further agree to pay the sum of $400,000 for the removal of the Indians of New York to the said territory, and for their support and assistance during the first year of their resideiroe in said territory ; and . Whereas the said Ogden and Fellows did agree -to pay to the aid

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TREATY WITH THE TONAWANDA SENECAS. gov. 5, 1857.

Seneca nation of Indians, as the consideration of the surrender and relinquishment of the said two reservations, known as the Buffalo Creek and Tonawanda reservations, certain sums of money, one part of which was to be paid to the individual Indians residing upon said reservations, tor the improvements held and owned by them in seveialty, the amount of which "improvement money," heretofore apportioned to those residing upon the Tonawanda reservation, being $15,018..?oev, which money has been paid into, and still remains in the treasury of the United States ; and Whereas, for divers reasons and differences, the said treaties remain unexecuted as to the said Tonawanda reservation, and the band of Senecas residing thereon ; and Whereas it is ascertained, at the date of these articles, that the Seneca Indians, composing the Tonawanda band and residing upon the Tonawanda reservation, amount to 650 souls in number; and Whereas the United States are willing to exercise the liberal policy which haq heretofore been exercised in regard to the Senecas, and for the purpose of relieving the Tonawandas of the difficulties and troubles under which they labor, These articles are entered into: Certain claihs ARTIOL1 L The said persons, authorized as in the caption hereof stated, under Are hereby surrender and relinquish to the United States all claims severally tedes fre quished. and in common as a band of Indians, and as a part of the Seneca nation, to the lands west of the State of Missouri, and all right and claim to be removed thither, and for support and assistance after such removal, and all other claims against the United States under the aforesaid treaties of 1888 and 1842, except, however, such moneys as they may be entitled to under said treaties, paid or payable by the said Ogden and Fellows. Pay for such ARTICLE I. In consideration of which aforesaid surrender and relinsurrender. quishment, the United States agree to pay and invest, in the manner hereinafter specified, the sum of $256,000 for the said Tonawanda band of Indians. Tonwandas ARTICLE II. It is hereby agreed that the Tonawanda band may purpurhase chase of the said Ogden and Fellows, of the survivor of them, or of their hmay United States heirs or assigns, the entire Tonawanda reservation, or such portions thereof will pay therefor as they may be willing to sell and siid band may be willing to purchase; not over $20 an and the United States undertake and agree to pay for the same out of the acre. said sum of $256,000, upon the express condition that the rate of purP06, p.6e. chase shall not exceed, on an average, $20 per acre. Deed to run to The land so purchased shall be taken by deed of conveyance to the Secretary of the Secretary of the Interior of the United States and his successors in office, Interior mtrust. in fee, to be held by him in trust for the said Tonawanda band of Indians and their exclusive use, occupation and enjoyment, until the legislature of the State of New York shall pass an act designating some persons, or public officer of thdt State, to take and hold said land upon a similar trust for said Indians; whereupon they shall be granted by the said Secretary to such persons or public officer. UnimprovedARTICLE IV. And the said Tonawanda band of Indians hereby agree lands surren- to surrender, relinquish, and give up to the said Ogden and Fellows, the dered. survivor of them, or their assigns-provided the whole reservation shall not be purchased--the unimproved lands which they shall not purchase, as aforesaid, within thirtyStates,after the improved landsproclaimed by the days and t treaty shall be which theyshl President of the United
not purchase as aforesaid, on the 1st day of June, 1859.

Tonawaudas may appoint one of ARTICLE V. For the purpose ofa contracting for and making purchase the lands contemplated herein, majority of the chiefs and headmen r more attor- of said Tonawanda band, in council assembled, may appoint one or more neys. attorneys with adequate powers, which appointment must be approved by the Secretary of the Interior before such attorney or attorneys can have power tQ act in ife premises.

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TREATY WITH THE TONAWANDA

SENECAS.

Nov. 5, 1857.

.998

AwnIcLz VI. Whenever a quantity of said lands, amounting to 6,500 Part of pm'. acres, at the least, upon the terms hereinbefore provided, may be purchased, o binetdin oya 8 written notice, executed by the chiefs and headmen in council, and ae- stoa. knowledged before a justice of the supreme court of New York, or judge of the superior court of the city of Buffalo, shall be given to the Secretary of the Interior, whereupon the portion of said sum of $256,000, not expended in the purchase of lands, as aforesaid, shall be invested by the said Secretary of the Interior in stocks of the United States, or in stocks of some of the States, at his discretion ; and the increase arising from such investment shall be paid to the said Tonawanda Indians, at the time and in the manner that the annuities are paid which said Indians are now entitied to receive from the United States. ARTICLE VIL It is hereby agreed that the sum of $15,018. . "im- "Impro t provement money," heretofore apportioned to the Indians -upon the Tona- money " to be appordtened wanda reservation, shall be again apportioned by an agent, to be appointed anew. by the chiefs and headmen in council assembled, to be approved by the Secretary of the Interior, which agent shall make a report of suchapportionment to the said Secretary of the Interior, and if he concur therein, the shares so ascertained shall be paid to the individual Indians entitled thereto, who shall surrender and relinquish to the said Ogden and Fellows, or the survivor of them, or their assigns, their improvements, and any balance remaining shall be paid to the chiefs and headmen of the band, to be disbursed by them in payment of the debts, or for the tise of the band. The services of the agen\ to be thus appointed, and all other expenses attending the execution of these articles, are to be paid by the United States out of any moneys coming to the Tonawanda& In testimony whereof the said Charles E. Mix, commissioner, as afore- signtnre. said, and the untersigned persons, representing the Tonawanda band of Nov. 6,188. Seneca Indians, have hereunto set their hands and seals the day and year
first above written.

CHafARLES IL MIX Cwwmm
SPRIN,

w~o .

[L. s-]

ISAxS K, GEORGE x WNS

JABEZ x GROUND,

[L. 8.] JESSE E.a]ELY S. xPARKER.

E.S

.J

[L. 9:1

The foregnig instrument was, on the day of the date thereof, execnted in our presence, and we have hereunt6 at the same-time affixed our names as subscribing witnesses:

JOHN H. MARTINDALE, FREDERICK FOLLETT,
WILLIAM G. BRYAN,

* LEANDER MIX,
HENRY BITTINGER,

.A B. RICH

NICHOLSON H. PARKER, U.
Als% the ollowing chiefs and headmean heartily concur in the foregoing articles in behalf of themselves and their people:-JESSE x SPRING, GEORGE x SKY, W). x PARKER, SNOW x COOPER, JABEZ x GROUND, ISAAC x DOCTOR,

JOHN z WILSON,
JOHN x BIGFIRE, THOMSON x BLINKEY, JAMES z MITTEN, JOHN x JOSHUA,

ISAAC x SHANKS,
WILLIAM x MOSES, DAVID x PRINTUP, BENJ. z JONAS, ADDISON x CHARLES

JAMES x WILLIAMS,

JOHN x HATCH,

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TREATY WITH THE TONAWANDA SENECAS.
JOHN x SMITH,

Nov. 5; 1857.

SMALL x PETER, JOHN x BEAVER, JOHN x FARMER,
TOMMY x WHITE,

JOHN x GRIFFIN, GEO. x MOSES, HENRY x MOSES, SAML. x BLUE SKY, JAMES x SCROGGS, MONROE x JONAS, WM. x JOHNSON, JACKSON x GROUND, HARRISON x SCROGG,

W;L x ALICKI WL x STEWART, ANDREW x BLACKCHIEF, JOHN x INFANT, WM. x TAYLOR, JAMES x BILLY, DANL. x PETER, JOHN x HILL, JOHN x JONES, JOHN x SHANKS, LEVI %PARKER, JOHN x JEMISON, CHAUNCEY x ABRAM.

Sigped in open council, in presence of,FREDERICK FOLLETT, NICHOLSON H. PARKER, U. & 1lrpder. Supplemental And whereas certain supplemental articles of agreement and conven. articles, tion were also concluded at the meeting-house, on the Tonawanda reservation, in the county of Genesee and State of New York, on the fifth day Nov. 5, 18 7 of November, one thousand eight hundred and fifty-seven, between Charles E. Mix, commissioner on behalf of tie United States, and the following persons duly authorized thereunto by the Tonawanda band of Seneca In. dians, viz.: Jabez Ground, Jesse Spring, Isaac Shanks, George Sky, and Ely S. Parker-which supplemental articles are in the words and figures following, to wit: Supplemental articles of agreement and tonvention made this fifth day of November,.in the year one thousand eight hundred and fifty-seven, at the meeting-house on the Tonawanda reservation, in the county of Genesee, State of New York, between Charles E. Mix, commissioner on behalf of the United States, of the first part, and the following persons duly authorized thereunto by the Tonawanda band of Seneca Indians, viz: Jabez Ground, Jesse Spring, Isaac Shanks, George Sky, and Ely S. Parker, of the second at. Whereas, at the date hereof and concurrent with the execution of this instrument, articles of agreement and convention have been entered into between the parties aforesaid, in and by which articles it is provided that the said Tonawanda band of Seneca Indians may purchase portions of the Tonawanda reservation, "upon the express condition that the rat* of purAi P chase shall not exceed $20 per acre on an average." And whereas the President of the United States may deem it discreet and expedient that certain portions of said reservation, held in severalty by the assigns of said Ogden and Fellows, should be purchased by said Indians if it shall be necessary so to do, at a rate exceeding $20 per acre on an average. Porflow of res- Now, therefore, the said parties of the second part agree,.that portions ougt ormyrbe of said reservation may be purchased by the authorized agents of said thanf so pe Indians for them, and paid for out of said sum of $256,000, at a rate extore, i4 &a. ceeding $20 per acre on an average, provided the eontract or contracts therefor shall be first submitted to and approved by the President, or some public officer to be designated by him. And the said parties of the second part solicit the President to accept and adopt this supplement #a a part of the said articlgs of agreement and convention entered into concurrent with the execution of this agreement.

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TREATY WITH THE TONAWANDA SENECAS.

Nov. 5, 1857.

9$

In testimony whereof the said Charles E. Mix, commissioner as aforeaid, and the undersigned persons representing the Tonawanda band of Seneca Indians, have hereunto set their hands and seals the day and year first above written. CHARLES E. flX, Commiaeioner. [L. s.] ISAAC x SHANKS, GEORGE x SKY, JABEZ x GROUND, [L. S.1 [L S.j [L. JESSE x SPRING,

swntrea.

5.]

ELY S. PARKER.

[L

IL

1

The foregoing instrument was, on the day of the date thereof, executed in our presenqe; and we have hereunto, at the same time, afied our names as subscribing 'itnesses. JOHN HI. MARTINDALE, FREDERICK FOLLETT% WILLIAM G. BRYAN,

C. B. RICH
LEANDER MIX, HENRY BITTINGER, NICHOLSON H. PARKER, U. S. *.

Also, the following chiefs and headmen heartily concur in the foregoing supplemental articles in behalf of themselves and their people :-

LEWIS x POODRY, JESSE x SPRING, WM. x PARKER, JABEZ x GROUND, JOHN x WILSON, ISAAC x SHANKS, SNOW x COOPER, ISAAC x DOCTOR, JOHN x BIGFIRE, WILLIAM x MOSES, JOHN x SMITH,
SMALL x PETER,

THOMSON x BLINKEY, JAMES x MITTEN, JOHN x JOSHUA, JAMES x WILLIAMS, SAMUEL x PARKER,_ GEORGE x SKY, DAVID x PRINTUP, BENJ. x JONAS, XDDISON x CHARLES, JOHN x HATCH. Hea&~M. WX x ALICK,
WM x STEWART, ANDREW x BLACKCHIEF, JOHN x INFANT, WM x TAYLOR, JAMES x BILLY, DANL. x PETER, SAML. x BLUE SKY, JAMES x SCROGG, JOHN x SHANKS, LEVI x PARKER, JOHN x JEMISON, CHAUNCEY x ABRAM.

JOHN x BEAVER, JOHN x FARMER, TOMMY x WHITE, JOHN x GRIFFIN, GEORGE x MOSES, HENRY x MOSES, JOHN x HILL, JOHN x JONES, MONROE x JONAS, WM. x JOHNSON, JACKSON x-GROUND, HARRISON x SCROGG,

Signed in open council, in presence ofFREDERICK FOLLETT, NICHOLSON H. PARKER, U. & h

pter.

And whereas, the said treaty and the supplementary articles thereuvto cenat appended, having been submitted to the Senate of the United States for Bit, June 4 its constitutional action thereon, the Senate did, on the fourth day of June, I one thousand eight hundred and fifty-eight, advise and consent to the rati-

vor xI.

T=OT.-128

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996

TREATY WITH THE TONAWANDA &NUA&.
to wit:-

Nov. 5, 1857.

flcation. of the same by a resolution, in the words and figures following,
" Ii ExEOcTIrs Susoi,

"SNAm Or TER Uzmin STATES, June 4, 1858. Ba sok (two thirds of the senators present concurring,) That the Senate advise and consent to the ratification of the articles of agreement and convention between the United States and the Tonawanda band of Seneca Indians, of New York, made the 5th day of November, 1857. "Attest: "ASBURY DICINS, &c"." ProdIamtion, Now, therefore, be it known that I, JAMES BUCHANAN, President ah 81,1859. of the United States of America, do, in pursuance of the advice and consent of the Senate, as expressed i their resolution of June the fourth, one thousand eight hundred and fifty-eight, accept, ratify, and confirm said treaty and articles.. In testimony whereof, I have cused the seal of the United States to be hereto afixed, having signed thermne with my own hand. Done at the city of Washington, this thirty-first day of March, in the year ef our Lord one thousand eight hundred and fifty[sw.] mine, and of the Independence of the United States the eighty-third. JAMES BUCHANAN, By the President: LZwis Cus.

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TREATY WITH THE PONCAS.

M*atc 1 !858 '

Treaty between the Uited State, ad tae Poa 2Wik of hlndan& Cbnciuded at Viasngton, A 'arek 12,1858. Rat.ffe bj the Senate, March 8, 1859. PaWkid by the President of th United &ates, Apri 11,1859.

JAMES BUCHANAN,
PRESIDENT OF THE UNITED STATES,.
TO ALL AND SINGULAU TO WHrOM Tm PnESR1VT5 sHALL cOats, a TnTi'G:

Mfarch A

18,1

WHEREAS a treaty was made and concluded, at the'eity of Washingto4n, on the twelfth day of March, one thousand eight hundred and fifty-eight,

by Charles E. Mix, Commissioner on the part of the United States, and .Wa-gah-sah-pi, or Whip; Gish-tah-wah-gu, or Strong Walker; Mitchell P. Cera, or Wash-kom-moni; A-shno-ni-kah-gah-hi, or Lone Chief; Slhukah-bi, or Heavy Clouds; Tah-tungahonushi, or Standing Buffalo, on the
part of the Ponca tribe of Indians, they being duly authorited and bmpowered thereto by said tribe; which treaty is i the words and figures following, to wit: Articles of agreement and convention made an& conclnded, at the city cotra4og of Washington, on the twelfth day of March, one thousand eight hundred Parthes. and fifty-eight, by Charles . Mix, Commissioner on the part of the United States, and Wa-ah-sah-pi, or Whip; Gish-tah-wah-gu, orStrong Walker; Mitchell P. Cera, or Wash-kom-moni; A-shno-ni-kab-gah-h, or Lone Chief; Shu-kah-bi, or Heavy Clouds; Tah-tungah-nushl, or Standing Buffalo, on the part of the Ponca tribe ofIndians; they being thereto duly authorized and empowered by said tribe. ARTIOLE I. The Ponca tribe of Indians hereby cede and relinquish cession of aU to the United States all the lands now owned or claimed by them, wherever ledstt. • situate, except the tract bounded as follows, viz.: Beginning at a point on Reatio. the Neobrara River and running due north, so as to intersect the Ponca Boundarim River twenty-five miles from its mouth; thence from said point of intersection, up and along the Ponca River, twenty miles; thenei due south to the Neobrara River; and thence down and along said river to the place of beginning ;- which tract is hereby reserved for the future homes of said Indians; ind to which they agree and bind themselves to remove within one year from the date of the ratification of this agreement by the Senate and President of the United States. ARTIoLB IL In consideration of the foregoing cession.and relinquish- Stipulstieosa the part of the -ment, the United States agree and stipulate as follows, viz.: United State. First. To protect the Poncas in the possession of the tract of land to protect the Teserved for their future homes, and their persons and property thereot, Ponca. during good behavior on their part. Second. To pay to them, or expend for their benefit, the sum of twelve to ry themthousand dollars ($12,000) per annum for five years ; commencing with a-ui9 a the year in wbich they shall remove to and settle upon the tract reserved thirty year. for thsir future homes; ten thousand dollars ($10,000) per annum for ten years, from and after the expiration of the said five years; and thereafter eight thousand dollars ($8,000) per annum, for ffeen years; of which sums the President of the United States shall from time to time bow to be paid. determino what proportion shall be paid to the Poneas in cash, and what proportion shall be expended for their benefit; and also in what manner or for what objects such expenditure shall be made. He shall likewise exercise the power to make such provision out of the same, as he may

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TREATY WITH THE

oNCs. Mow-,

1858.

deem to be necessary and proper, for the support and comfort of the aged and infirm members of the tribe. In case of any material decrease of the Poncas in number, the said amounts shall be reduced and diminished in proportion thereto, or they may, at the discretion of the President, be discontinued altogether should said Indians fil to make satisfactory efforts to advance and improve their condition; in which ase such other provision shall be made for them as the President and Congress may judge to be suitable and proper. Third. To expend the sum of twenty thousand dollars ($20,000) in United state _ maintaining and subsisting, the Poncas during the first year after their to expend eub-m oa *fOtu(r n, building removal to the" newhomes, purchasing stock and agriutural implement breaking up and fencing land, building houses, and in making such other houses, &0. improvements as may be necessary for their comfort and welfare. Fourth. To establish, and to maintain for ten years, at an annual exto maintain

smhools. Children pense not to exceed five thousand dollars, ($6,000,) one or more manual to be kept at labor schools for the education and training of the Ponca youth in letters,

mert ilsontin- agriculture, the mechanic arts, and housewifery; which school or schools shall be managed and conducted in such manner as the President of the nedI. United States shall direct; the Poncas hereby stipuiAting to constantly keep thereat, during at least nine months in every year, all their children between the ages of seven and eighteen years; and that, if this be 1o done, there shall be deducted from the shares of the annuities due to the parents, guardians, or other persons having control of the childien, imeh amounts as may be proportioned to the deficiency in their time of attendance, compared with the said nine months, and the cost of maintaining and educating the children during that period. It is further agreed that such other measures may be adopted, to compel the attendance of the children at the school or schools as the President may think proper anddirect; and whenever he shall be satisfied of a failure to fulfil the aforesaid stipulation on the part of the Poncas, he may, at his discretion, diminish or wholly discontinue the allowance and expenditure of the sum herein set apart for the support and maintenance of said 4chool or school. to provide saw- Fifth. To provide the Poncas with a mill suitable for grinding grain "t-m, and sawing timber, one or more mechanic shops, with the necessary tools sad for the same, and dwelling-houses for an interpreter, miler, engineer fir. me the mill, if one be necessary, farmer, and the mechanics that may be employed for their benefit, the whole not to exceed in cost the sum of ten thousand Ave hundred dollars, ($10,500;) and also to expend annually, for ten years, or during the pleasure of the President, an amount not exceeding seven thousand five hundred dollaMs, ($7,600,) for the purpose.of furnishing said Indians with such aid and assistance in agricultural and mechanical pursuits, including the working of said mill, as the Secretary of the Interior may consider advantageous and necessary for them; the Ponea to fh- Ponces hereby stipulating to furnish from their tribe the numberof young Mab apprentices, men that may be required as apprentices and assistants in the mill andmechanic shops, and at least three persons to work constantly with each laborer employed for them in agricultural pursuits, it being understood that such laborers are to be employed more for the instruction of the Indians than merely to work for their benefit. The persons so to be furnished by the tribe shall be allowed a fair and just compensation for their services, to be fixed by the Secretary of the Interior. The Poncas further stipulate and bind themselves to, prevent any of the to prever f1*m'Y to Dille, members of their tribe from destroying or injuring the said houses, shops, mill, machinery, stock, farming utensils, or any other thing furnished them by the government; and in ease of any such destruction or injury, or of any of the things so furnished being carried off by'any member or mem. bers of their tribe, the value of the same shall be deducted from the tribal annuities. And whenever the President shall be satisfied that the Ponas have become sufficiently confirmed in habits of industry, at advsnoed in

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M3Acx 12,1858.

999

acquiring a practical knowledge of agriculture and the mechanic arts, he may, at his discretion, cause to be turned over to the tribe all of the said Pme-the houses and other property furuishea them by the United States, and dis- t*m, whet, c. pense with the services of any or all of the persons hereinbefore stipulated to be employed for their benefit and assistance. Sixth. To provide and set apart the sum of twenty thousand dollars, United States to ($20,000,) to enable the Poneas to adjust and settle their existing obliga- etilee' tions and engagements, including depredatiois committed by them on obligationsofthe property of citizens of the United States prior to the date of the ratification Pne. of this agreement, so far as the same may be found and decided by their agent to be valid and just, subject to the approval of the Secretary of the Interior; and in consideration of the long continued friend~hip and kind- Payments to ness of Joseph Hollman and William G. Crawford towards the Ponces, J eph Haman of their furnishing them, when in distress, with lre quantities of goods owstW. and provisions, and of their good counsel and advice, in consequence of which peace has often been preserved between the Poncas and other Indians and the whites, it is agreed that out of the above-mentioned amount they shall be paid the sum of three thousand five hundred dollars, ($8,500;) and the sum of one thousand dollars ($1,000) shall in like to Jesse manner be paid to Jesse Williams, of Iowa, in fall for his claim, as such Wilhiams. has been admitted by the Poncas for depredations committed by them on his property. * AsTIOLZ IL The Poneas being desirous of making provision for Provision fr their half-breed relatives, it is agreed that those who prefer and elect to h&-beeds. reside among them shall be permitted to do so, and be entitled to and enjoy all the rights and privileges of members of the tribe ; but to those who have chosen and left the tribe to reside among the whites and follow the pursuits of civilized life, viz.: Charles Leelaire, Fort Piere# N. T.; Cillaste Leclaire, Pottowattomie, L T.; Ciprian Leclaire, St. louis, Missouri; Julia Harvey, Omaha, N. T.; Jenny Ruleau, Sioux City, Iowa; David Leclaire, Amelia Deloge, and Laura Deloge, at the Omaha mission, there shall be issued scrip for one hupdred and sixty acres of land each, Scrip for 160 which shall be receivable at the United States land-offices in the same acres 6f land to manner, and be subject to the same rules and regulations, as military tsse to each. bounty land-warrants. And in consideration of the faithful services rendered to the Poneas by Francis Roy, their interpreter, it is agreed that and to Fraeis scrip shall, in the like manner and amount, be issued to his wife and to Roy. each of his six children now living, without their being required to leave the nation. APovided, That application for the said scrip shall be made i to be apScip to the Commissioner of"Indian Affairs within five years from and after V.d or In five the date of the ratification of this agreement. ARTICLE IV. The United States shiMl have the right to establish and United State maintain such military posts, roads, and Indian agencies as may be demed ma nots, necessary within the tract of country hereby reserved for the Poncas, but , no greater quantity of land or timber shall be used for said purposes than shall be actually requisite; and if, in the establishment or maintenance of such posts, roads, and agencies, the property of any Pdnca shall be taken, injured, or destroyed, just and adequate compensation shall be made therefor by the United States. And all roads or highways authorized by competent authority, other than the United States, the lines of which Hall through said tract, shall have the right of way through the same; lie the fair and just value of such right being paid to the Poncas therefor by the party or parties autherking the same or interested therein; to be assessed and determined in such manner as the President 'of the United States shall direct. AeRiaoL V. No white person, unless in the employment of the United Whites not to States,' or duly licensed to trade with the Poneas, or.members of the rie on res01 ... a.s family of such persons, shall be permitted to reside, or to make any settle- V -ment, upon any part of the tract herein reserved for said Indians, nor

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TRATY WITH TlE PO1CAS MAo

12, 18f"

th

other member of the tribe, or of descent to their heirs and representa. tives, as may be in accordance with the laws, customs, and regulations of the tribe. LaWn restAzTromr VI. Such persons as are now lawfully residing on the lands dents on lands herein ceded by the Poncas shall each have the privilege of entering one hereby ceded may enter tee hundred and sixty acres thereof, to include any improvements they may aores, St $1. have, at one dollar and twenty-flve cents per acre. per acre. AROL ATiOL VII. The Poneas acknowledge their dependence upon the to main Ponas ta friendly government of the United States, and do hereby pledge and bind themrelatns, selves to preserve friendly relations with the citizens thereof, and to commit no injuries or depredations on their persons or property, nor on those of members of any other tribe; but, in case of any such injury or depreto pay for dep- dation, full compensation shall, as far as practicable, be made therefor out redations. of their tribal annuities; the amount miall coases to be determined by the not to make Secretary of the Interior. They further pledge themselves not to engage war, except, &o. in hostilities with any other tribe, unless in self-defence, but to submit, through their agent, all matters of dispute and difficulty between themselves and other Indiana for the decision of the President of the United States, to surrender and to acquiesce in and abide thereby. They also agree, whenever called offenders. upon by therproper officer, to deliver up all ofendei" against the treaties, laws, or regulations .of the United States, who may be within the limits of their reservation, and to assist in discovering, pursuing, and capturing all such offenders, whenever required to do so by such officer. Amuities tobe AMTzOL. VIII. To aid in preventing the evils of intemperance, it is withheld from hereby stipulated thatt if any of the Poncas shall drink, or procure for e.iknttoa tL others, intoxicating liquor, their proportion of the tribal annuities shall be
amon9

alienate their except to the United States; but, whenever they may think proper, they lands, eoeto dithed Stte may divide said tract among themselves, giving to each head of a fatmily but may divide or single person a frm, with such rights of possession, transfer to any

Poness not to shall the latter alienate, sell, or in manner dispose of any portion thereof,

lquor.

Annuities of

withheld from them for at least one year; and for a violation of any of the stipulations of this agreement on the part of the Poncas, they shall be liable to have their annuities withheld, in whole or in part, and for such length of time as the President of the United States shall direct. ARTICLs IX. No part of the annuities of the Poneas shall be taken

•t.
All demands

to pay any claims or demands against them, except such as may arise

under this agreement, or under the trade and intercourse-laws of the United States; and the said Indians do hereby fully relinquish and release the United States from all demands against them on the part of the tribe =teethe or any individuals thereof, except such as are herein stipulated and proreleasd. vided for. Ep of ARTICLz X. The expenses connected with the negotiation of this onegoa, how agreement shall be paid by the United States. Marc 1% isft

6sntrs

In testimony whereof, the said Charles E. Mix, commissioner, as aforesaid, and the undersigned delegates and representatives of the Ponca
tribes of Indians, have hereunto set their names and seals, at the place and on the day hereinbefore written.

CHARLES R, MIX, Obmmieion. WAH-GAH-SAIIE-PZ, or Whip,
GISH-TAH-WAH-GU, or Strong Walker, MITCHELL P. CERA, or Wash-kom-mo-ni, A-SHNO-NI-KAH-GAH-m, or Lone Chie4 SHU-KAH-BI, or Heavy Clouds, TAH-TUNGAH-NUSfI, or Standing Buffalo, Executed in the presence ofEnw~aR Htwcz,

[L. e.] Lr.L .
[L.S.

his t mark.

his x mark. his x mark. his x mark. his x mark. his x mark.

'L S. L. S.
Ls.J

,L. J

B. B. GzrnsoN,

HeinOnline -- 12 Stat. 1000 1855-1863

TREATY WITH THE PONCA& MAP.= 12 1858.
JAxzs R. RocE,
Mosis KELLY,

1001

JOSEPH HOLLMAN, JNo. WI. WELLS,

J.B. RorwToN, U. S. idiuan Ags, HEm FOxTENzLL*, U. & Aterpvnor,
Fiuxcis Roy,his x mark. And whereas, the said treaty having been submitted to the Senate for conmntof constitutional action thereon, the Senate did, on the eighth day of =%.s March 6, its March, one thousand eight hundred and fifty-niue, advise and consent to the ratification of its articles, by a resolution, in the words and figures

following, to wit:"bi Exomvic SzSSIO1,
S ATE Oi Tm UNID STATES, March 8, 1859.

"RwW4 (two thirds of the senators present concurring,) That the
Senate advise and consent to the ratification of treaty made and concluded at the city of Washington, the 12th day of March, 1858, between the United States and the Ponca tribe of Indians. "Attest: "ASBURY DICKINS, &mre /y Now, therefore, be it known that I, JAMES BUCHANAN, President Proomatjon, of the United States of America, do, in pursuance of the advice and con- A sent of the Senate, as expressed in their resolution of the eighth of March, one thousand eight hundred and fifty-nine, acept, ratify, and confirm the said treaty. In testimony whereof, I have caused the seal of the United States to be hereto affixed, and have signed the same with my hand. Done at the city of Washington, this eleventh day of April, in the year of our Lord one thousand eight hundred and fifty[sEA..] nine, and of the independence of the United States the eighty-third. JAMES BUCHANAN. By the President:

Luwis Cksa, Sacta. of &at&

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HeinOnline -- 12 Stat. 1002 1855-1863

TREATY WITH BOLIA.

X 18 1858.

11*8

TREATIES.
Treaty ith Bolivia. Peace, .Z'endeld, Commre, an, _ataos. Sie at La Paw, Ma 18, 1858. Ratip by the President of 0W Uid States, Pebruarj17,1862. Fchanged at La Paz, Novimber 9, 1892. Proclgked 4 th Pewident of th United States, Januaty 8, 1868.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:
May 18, M8&8.

A PROCLAMATION.
Wmraxs a Treaty of Peace, Friendship, Commerce, and Navigation between the United States and the Republic of Bolivia, was concluded and signed by their respective Plenipotentiaries, at La Paz, on the thirteenth day of May, one thousand eight hundred and fifty-eight, which Treaty, after having been amended and ratified by the contracting parties, is word for word as follows:
Preamble.

Treaty of Peace, Friendship, Com- Tratado de Paz, Amistad, Navega- Con ractins merce, and Navigation, between dion i Comercio entre la Repdb. P'm' the United States of America lie de Bolivia i los Estados Unidos de Am6rica. and the Republic of Bolivia. The Unitea States of America and the Republic of Bolivia, desiring to make lasting and firm the friendship and good understanding which happily prevail betweon both nations, have resolved to fix, in a manner clear, distinct, and positive, the rules which shall in future be religiously observed between the one and the other, by means of a treaty of friendship, commerce, and navigation. For this most desirable object, the President of the United States of America has conferred full powers on John W. Dana, a citizen of the said States, and their Minister Resident to the said Republic; and the President of the Republic of Bolivia on the citizen Lucas Mendosa de ]a Tapia, Secretary of State in the Department of Exterior Relations and Public Instruction, who, after having exchanged their said full powers in due and proper form, have agreed to the following articles: voL. xn. TRAT. -129 La Repdblia de Bolivia i los Estados Unidos'de Amdrica, deseando hacor estables i permanentes las relaciones de amistad i buena inteligencia, que felizmente eeisten entre ambas Naciones, han resuelto fijar do una manera clara, distinta i positiva, las reglas que en lo suesivo, deben bbservarse relijiosamente entre ambas naciones, por medio de un tratado de amistad, comerico i navegacion. Contan interesante objeto, el Presidente de Ia Reptiblica de Bolivia ha conferido plenos poderes al Ciudadano Lucas Mendoza do la Tapia, Secretarlo de Estado en-el Departamento de Relaciones Esteriores 6 Instruccion Pdblica, i el Proddente de los Estados Unidos al CQudadano Juan Winchestei Dana, Ministro Residente de dichos Esados Unidos corea del Gobierno de Bolivia, qgienes despues do haberse comunicado sue mencionados plenos poderes i habiendoles hallado en debida forma, han convenido en los articulos siguientes:

HeinOnline -- 12 Stat. 1003 1855-1863

1, . 1004;

1004:
ANTICLI

~TAT ,DOLIM A. WITE
.

IB f,,158
ANTIOULO L

fLidfip.

Peae and

There $hall be a perfect, firm, and inviolable peace and sincere friendship between the United States of America and the RepubHe of Bolivia, in all the extent of their possessions and territories, and between their people and citizens respectively, without distinction of persons or places. ARTICLE IL

abrS perfects, firme 6 inviolable paz i uincera amistad entre I& -Ropdblica de Bolivia i los Estados Unidos de Arn6rica, en toda la estension de sas pomesiones i territorios, i entre sus pueblos i ciudadanos respec~ivos, sin distincion de personas nk de lugares.
ARTICULO IL

ight of mot favred nation.

If either party shal hereafter grant to any other nation, its citizens, or subjects, any particular favor in navigation or commerce, it shall immediately become common to the other party, freely when freely granted to such other nation, or on yielding the same compensation when the grant is conditional
EXPLANATION.

Si una de )as pfirtes concediere, en lo future Acualquiera otra nacion, sus cindadanos 6 sdbditos algun favor particular, en navegacion i cmercio, se estenderA i harS cemun inmediatament 6,la otra parte, gratuitamente, si a concesion hubiese side gratuita 6 eon compensacion, si ia cencesion bubiese sido condiieonal.
ESPLICAOION.

ao

As in said article it is stipulated that any special favor in navigation and trade granted by one of the
contracting parties to any other na-

tion, extends and is common to the other party forthwith, it is declared that, in what pertains to the navigation of rivers, this treaty shall only apply to concessions which the Government may authorize for navigating fluvial streams which do not present obstructiois ; that is to say, those whose navigation may naturally plain and current without there having been need to obtain it by the employment of labor and capital; that by consequence

there remains reserved the right of the Bolivian Government to grant privileges to any association or company, as well foreign as national, which should undertake the navigation of those rivers from which, in order to succeed, there are difficulties to overcome, such as the
clearing out of rapids, &c., &c. ARTIOLE III

Como en dicho articulo se estipula que cualquier favor particular en naVegacion i comercio concedido per una de las partes contratantes Acualquiera otra nacion, se estienda i bag eomun A la otra parte inmediatamente- se deelara que, en lo tocanto s Is navegacion de los rice, esta convencion solo serd aplicable 4 las concesiones que el Gobierno de Bolivia otorgare pars navegar los cursos fluviales que no presentasen obstaculos, es decir, de aquellos cuya navegacion estuviese naturalmente allanads i corriente A que hubiera sido preciso proecurarla empleando trabajo i capitales ; que por consiguiente queda A salvo el derecho del Gobierno de Bolivia para conceder privilejios 6 cualquiera Sociedad 6 Compafilia tanto estranjera como nacional que emprendiese lo navegacion en aquellos rice donde para conseguirla hai quo superar dificultades, tales cvme el alianamiento do cachuelas, &c,
&RTICULO flL °

The United States of America and Recprocal liberty of com- the Republic of Bolivia mutually merce and navigatIon.

agree that there shall be reciprocal liberty of commerce and navigation

La Reptdblica de Bolivia i le Estados Unidos de Am6rica convienen miltuamente en quo hays libertad reciproca de navegacion i

HeinOnline -- 12 Stat. 1004 1855-1863

TREATY- WITH BOLIVIA. between their respective territories and citizens& The citizens of either republic may frequent with their vessels all the coasts, ports, and places of the other, where foreign commerce is permitted, and reside in all parts of the territory of either, and occupy dwellings and warehouses; and everything belonging thereto shall be respected, and shall not be subjected to any arbitrary visits or search. The said citizens shall have full liberty to trade in all parts of the territory of either, according to the rules established by the respective regulations of commerce, in all kinds of goods, merchandise, manufactures, and produce, not prohibited to all, and to open retail stores and shops, under the same municipal and police regulations as native citizens; and they shall not in this respect be liable to any other or higher taxes on imposts than those which are or may , be paid by native citizens. No ex. ".mination or inspection of their books, papers, or accounts, shall be made without the legal order of' a competent tribunal or judge. The provisions of this treaty are not to be understood as applying to the navigation and coasting trade between one port and another, situated in the territory of either of the contracting parties - the regulation of such navigation and trade being
reserved respectively by the parties

MAYx 18, 1858.

1005

comeftio entre sus respectivos ter.
ritorios i ciudadanos. Los ciudadanos de cualquiera de las dos Rep6b. icas podrn frecuentar con sus buques todas las costas, puertos i lugares de la otra en que se permite el comercio estranjero, residir en cualquier punto de los territorios de la otra i ocupar las casas i almacones que necesiten: i todo lo que les pertenezca serd respetado i esento de toda visita 6 pesquisa arbitraria. Dichos ciudadanos gozarin de entera libertad, para comerciar en todos los puntos del territorio de Ia otra, segun las reglas estableeidas por las respectivas leyes de comercio, en todo jenero de efectos, mercaderias, menufacturas i productos de licito trdfico, i abrir almaeenos i tiendas por menor, sometidndose A las mismas leyes, f los decretos i neos establecidos 'para los ciudada- Taes. nos del pais ; i no estardn sujetos J mayores impuestps i contribuciones que los que estos mismos pagan 6
deben pagar. Iof ni inspeccionardn los libros, papeles o books and on i cuentas que les pertenezean sin mandato de juez 6 tribunal competente. Las estipulaciones del presente Treaty not to tratado no so considerarda aplia-the navigaton and coasting bles 6 la navegacion i comercin de =de. eabotaje entre un puerto i otro, situado en el territorio de eualquiera de las dos partes contratantes; pues la regulacion de este comercio, esti reservada respectivamente A las ]eyes particuleros de cada una de ellas. Sin embargo, los buques de cualquiera de los dos paises podrdn descargar parte de sus cargamentos en un puerto habilitado para el comercio estranjero, pert6neciente al territorio del otro, pagando solamonte los derechos de aduana correspondientes 6, los efectos desoargados, i continuar con el resto de su carga 6. cualquier otro puerto 6 puertos del mismo pals, abiertos al comercio estranjero, sin pager otros 6 mayores dereehos de tonelaje Ado puerto quo los que pagan en igualos casos los buques nacionales. En igual forma so len permitirA eargar en diferentes puertos en un mismo viaje pare otros paises. Los ciudadanos de cualquiera de ij~it to No se ecsaminardn Ezamination

according to their own separate laws. Vessels of either country shall, however, be permitted to discharge part of their cargoes at one port, open to foreign commerce, in .the.territories of either of the high contracting parties, paying only the custom-house duties upon that portion of the cargo which may be discharged, and to proceed with the remainder of their cargo to any other port or ports of the same ter-, ritory, open to foreign commerce, without paying other or higher tonnage duties or port charges in such eases than would be paid by national vessels in like circumstances; and they shall be permitted to load in like manner at different ports in the same voyage outwards. The citizens of either country

HeinOnline -- 12 Stat. 1005 1855-1863

1006

TREATY WITH BOLIVIA. MAY 18, 1858. Ia doe partes tendrin tambien el derecho ilimitado do viasjar por cualquiera parte de ]as posesiones do a 6tra, i gozarin en todo caso, de Ia misma seguridad i proteccion que los naturales del pais donde residen, sometidndose h las leyes, decretos i ordenanzas quo en el se observen; no se lee exjir& ningun impuesto forzoso, ni ninguna contribucion accidental, ni estarn sujetos 4 ningun embargo, ni A se detenidos con sue buques, cargamentos, mereaderias 6 efectos, pars ninguna espedicion militar 6 para cualquier otro objeto pfiblico, sin que por ello se les conceda una cumplida i suflciente indemnizacion, que en todo caso se convenga i pague adelantado.
ATIOULO IV.

shall also have the unrestrained right to travel in any part of the possessions of the other, and shall in all oases enjoy the same security and protection as the natives of the country in which they reside, on condition of their submitting to the laws, decrees, and ordinances there Forced loam, prevailing. They shall not be call&e. ed upon for any forced loan or cocasional contribution, nor shall they be liable to any embargo, or to be detained with their vessels, cargoes, merchandise, goods, or effects, for any military expedition, or for any public purpose whatsoever, without being-allowed therefor a full and sufficient indemnification, which shall in all cases be agreed upon and paid in advance.
ATCfOLZ V.

Meredadhe which may bO imported or

All kinds of produce, manufactures, or merchandise, of any foreported in the eign country which can, from time reeels of one to time, be lawfully imported into astion, roy be the United States in their own imported in veues of the vessels, may be also imported in otbr nation vessels of the Republic of Bolivia ; and no higher or other duties upon the tonnage of the vessel and her cargo shall be levied and colleted, whether the importation be made in the vessels of the one country or of the other; and in like manner all kinds of produce, manufactures, and merchandise of any foreign country that can be, from time to time, lawfully imported into the Republic of Bolivia in its own vessels, whether in her ports upon *the Pacific or her ports upon the tributaries of the Amazon or La Plata, may be also imported in yessols of the United States; and no higher or other duties upon the tonnage of the vessel and her cargo shall be levied or collected, whether the importation be made in vessels of the one country or of the other. And they agree that what may be lawfully exported or regxported from the one country in its own vessels, to any foreign country, may, in like manner, be exported or reexported in the vessels of the other* country; and the same bounties, duties, and drawbacks shall be al-

Toda clase de productos, manufaeturas 6 mercaderias de cualquiera nacion estranjera, que puedan, de tiempo en tiempo, ser legalments. importados en los Estados Unidos en!sus proprios buques,pueden seor tambien en buques de I& Repdblica de Bolivia, sin que so les pueda ecsijir ni cobrar otros 6 mas altos derechos do tonelaje del buque i su cargamento, sea que la importacion se haga en buques del uno 6 del otro pais; i del mismo medo toda clase de productos, manufactures 6 mercaderias de una nacion estrafla, que de tempo en tiempo, pueden ser importados en la Repfiblica de Bolivia, en sue proprios buques, sea por sue puertos del Pacifico, 6 por los que tongs sobre los tributarios del Amazonas 6 del Plata, puedan tambien ser importados en los buques de los Estados Unidos; sin que so pued eesijir ni cobrar otros 6 mas altos derechos pr el tonelaje del buque i su carp, sea que la importacion s Bags en buques del uno 6 del otto p Y convienen en quo todo Jo que legalmente pueda ser esportado 6 re-exportado de un pais, en sue propios buques, un pas estratio, pueda del mismo mode ser exportado i re-exportado en buques del otro pas. Y los mismos premios, dereohos 6 re-embolzo do derechos, sertn conoedidos i cobra-

HeinOnline -- 12 Stat. 1006 1855-1863

TREATY WITH BOITVIA. MAY 18, 1859.
lowed and collected, whether such dos, sea.que Ia exportacion 6 re-exexportation or refxportations be portacion se haga en buques de los made in vessels of the United States Estados Unidos 6 de la Repdblica de Bolivia. or of the Republic of Bolivia. En todos estos casws, los buques In all these respects, the vessels and their cargoes of the one country, de cualquiera de los dos paises i sus in the ports of the other, shall also respectivos cargamentos se pondrit be on an equal footing with those of en los puertos del otro en un pid do the most favored nation. It being igualdad con los de la nacion mas further understood that these prin- favorecida; debi6ndo observarse ciples shall apply whether the yes. estos principios, sea que los buques sels shall have cleared directly from fueren despachados directamente do the ports of the nation to which los puertos de Ia nacon A que perthey appertain, or from the ports of tenece 6 sea quo lo fueren de los puertos de cualquiera otra nacion. any other nation.
ARTICLE V. ARTIOULO V.

1007

For the better understanding of the preceding article, and taking into consideration the actual state of the commercial marine of the Republic of Bolivia, it is stipulated and agreed that all veisels belonging exclusively to a citizen or citizens of said Republic, and whose captain is also a citizen of the same, though the construction or the crew are or may be foreign, shall be considered, for all the objects of this treaty, as a Bolivian vessel.
ARTIOLN VL

Par& Ia mejor iteligencia del What to be artfculo precedente, i tomando en eonaded BoltvIa consideracion el estado actual de lan.vese. marina comircial do Ia Repdblica de Bolivia, se estipula i conviene, en que todos los buques pertenecientes esclusivamente A un ciudadano 6 ciudadanos de dicha Repdblica, i cuyo capitan sea tambien ciudadano de la misma, aunque la construccion 6 Is tripulacion sean 6 puedan se" estranjeras, sern consideradois para el objeto de este tradado, como buques Bolivianos.
ARTIOULO VIo

No higher or other duties shall be imposed on the importation into the United States of any w'ticles, the produce or manufactures of the Republic of Bolivia, and no higher or other duties shall be imposed on the importation into the Republic of Bolivia of any articles, the produce or manufactures of the United States, than are or shall be payable on the like articles being the produe or manufactures of any other country; nor shall any higher or other duties or charges be imposed, in either of the two countries, on the exportation of any articles to the United States or to the Republic of Bolivia, respectively, than such as are payable on the exportation of the like articles to any other foreign country; nor shall any prohibitions be imposed on the exportation or importation of any articles, the produce or manufactures of the United States, or of the Republic

No se impondrt otros ni mas al- Duties on Imtos derechos & Ias importaciones en p be ond utme the exports to los Estados Unidos de cualesqiera as on like artielea articulos, productos 6 manufacturas from or to other de ia Reptibliea de Bolivia; asi eoItim como no se impondr otros ni mas altos derechos 6 las importaciones en la Repdblica de Bolivia de cualesquiera artculos, productos 6 manufacturas de los Estados Unidos, que los que se cobran por iguales articulos A los produotos 6 manufacturas de otro pais; tampoco se impondri otros ni mas altos derechos 6 grav6menes, en ninguno de los dos paises, A la exportacion de cualesquiera articulos de la Repdbliea de Bolivia 6, los Estados Unidos, 6 vice versa quo los que se pagan por a exportacion de iguales articulos i otro pais estrangero; ni se impondrit prohibicion alguna 6, la importacion 6 exportacion de los articulos productos 6 manufaeturas de ia Repdblica de Bolivia, 6 de los Estado

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1008

TREATY WITH BOLIVIA. MAY 18, 1858. Unldos, al 6 del territorio do Bolivia, of the United States, or to or from al 6 del territorio de los Estads the territories of the Republic of Unidos, que igualmente no se eatenBolivia, which shall not equally da 6 otras nadones. extend to all other nations.
of Bolivia, to or from the territories ARTIOLIN VII.
ARTIOULO VIL-

Otzs of one It is likewise agreed that it shall co try, "0 be wholly free for all merchants, tn
be traed In the commanders of ships, and other se maner, citizens of either country, to manage themselves their own business, in all the ports and places subject to the jurisdiction of the other, as well with respect to the consignment and sale of their goods and merchandise, by wholesale or retail, as with respect to the loading, unloading, and sending off their ships; they being in all these cases to be treated as citizens of the country in which they reside, or at least to be placed

Se conviene igualmente en quo seri enteramente libre Atodo comerciante, comandante de buque, d otros ciudadanos do cualquiera de los do poises manejar por si mismos sus propios negocios, en todos Jos puertos 6 lugares sujetos A Is juris.diccion del otro, asi como respecto SIa consignacion i venta de efeetos i mercancias, por mayor 6 por menor, como tambien respecto ii Ia carga, descarga i despoeho de sus buques, debiendo set, en todos esos casos, tratados como ciudadanos del pais en que residen 6, A lo menos,

on a footing with the citizens or
subjects of the most favored nation.
ASTIOL VIM

ser colocados'en un mismo pi6 con
los subditos 6 ciudadanos de la naeion mas favorecida.
AUTICULO VIIL

steaan-vels The Republic of Boliva, desiring navigating be- to increase the intercourse between twee ot of the Pacific ports by means of steam D=P"ia navigation, engages to accord to any

citizen or citizens of the United States who may establish a line of
steam-vessels to navigate regularly

between the different ports and bays of the coasts of the Bolivian territory, the same privileges of taking in and landing freight and cargo, entering the by-ports for the purpose of receiving and landing passengers and their baggage and money, carrying the public mails, establishing depots for coal, erecting the necessary machine and, workshop4 for repairing and refitting the steam-vessels, and all other favors enjoyed by any other association or company whatsoever, of the same character. It is furthermore understood between the two high contracting parties that the steam-vessels of either shall not be subject, in the ports of the other party, to any duties of tonnage, harbor, or other similar duties, whatsoever, than those that are or may b paid by any other association or company.

Deseando Ia Repdblica do Bo. livia ampliar la comunicacion entre los puertos del Pacifico, por medlo de I nkvegacion por vapor, so compromete 6 conceder 6 cualquiera ciudadano 6 ciudadanos de los Estsdos Unidos que concurran 6 este efecto, estableciendo una linea do vapores entre los puertos 6 bahias de las costas del territorio Boliviano, los mismos privilejios pam el embarco, desembareo de carga 6 frete, recepelon Idesembarco de pasajeros, sus equipages i dinero; para el trasporte de las balijas de correos, fcrmacion de depdsitds pam el combustible, estableeimiento de talleres i mdquinas para reparar i earenar los vapores, i as demos imunidades de que goza cualquiera otra soie. dad 6 compaflia del mismo jenero. Convienen ademds las altas partes contratantes en que los vapores pertenecientes 6 eualquiera de ellas no etarnn sujetos, en los lugares de desembarco de la otra, al ago do ninguna clase de dereohos, como los do tonelaje, puerto, ni otroa semejantes, i no ser los quo paguen 6 pagaren otras soeiedades 6 comnpaMas favorecidas.

HeinOnline -- 12 Stat. 1008 1855-1863

TR AT.. ir£H BOLIVIA. * XL 18,

8&8.

1009

ATIO1JLO IM

* Whenever the citizens of either
of the contracting parties shell be forced to seek refuge or asylum in the rivers, ports, or dominions of the other with their vessels, whether merchant or of war, through stress of weather, pursuit of pirates, or enemies, they shall be received and treated with humanity, giving to them all favor and protection for repairing their ships and placing themselves in a situation to continue their voyage, without obstaeles or hindrance of any kind. And the provisions of this article shall apply to privateers or private -vessels of war as well as public, until the two bigh contracting parties may relinquish the right of that mode of warfare, in consideration of the general relinquishment of the right of capture of private property upon

Cumdo los ciudadanos de una

owtes of

r-, obligados £ refujiarse 4 asilraee en &c., to wated los rio, puertos 6 dominies de la with humty. otra, con sus buques sean mercantes 6 de guerra, & causa del mal tiemp, 6 de la persecusion de enemigos 6 pirats, serin reebidos i tratados con consideracion, prestddoseles, todo ausilio i proteccion, pars reparar sue buques i ponerse en estado do continuar su viaje sin obstdzulo ni riesgo de nlingun jdnerO.

the high seas.
.ARTIOLN 1. When any vessel belonging to the elitizens of either of the contrating

Las estipulaeiones contenidas en este artleuo so apliean £ los cornsrice 6 buques privados de guerra, como i los piblieos, hasts que las dos altas partes contratantes hayan abandonado Ia guerra 4e corso, en consideracion i que jeneralmente se abandone por as naciones del dereeho de apresar propiedades privadas en el mar.
.ATICULO X.

Cuando un buque pertenociente

Vessels

partes shall ha wrecked, seas,shall or nivsuffer any damages in the
er, or channels, within the dominions of the ,other, there shall be given to them all Assistance and protection, in the same manner which is usual and customary with the vessels of the nation where the .damage happens, permitting them to unload the said vessel, if necessary, of its merchandlse and effects, without exacting for it any duty, . mpont, or contribution whatever.
ARTIOLD XL

6 un eludadano do una do Ins na- damage&d

ciones contratantes, hays naufra-'---s'gado 6 sufido algun dio en los mares, rios 6 canals pertenecientes A Ia otir, s prestaA socorro I proteceon en is misrab forms que , los buques do la nacion en que aeontece el delo, permitidndole, si foese necessario, desesrgar dieho buque de sus mereancias i efeetos, sin exijir por ello derecho ni impuesto ni eontribucion algma.

AIOULO XL

l

the ship, merchandise, and

the effects belongig to the citizens of one of the contraeing parties, which maybe captured by pirates, whether within the limits of -its jurisdiction or on the high seas, and may be carried or found in the rivers, roads, bays, ports, or dominions of the other, shall be delivered up to the owners, they. proving, in due form, their rights before the competent tribunals; it being well under-

we Todos los buques, mercaderias i captr efectos pertonecientes A los cinda- ptdance de una de las partes contratantes,,que fueren apresados por

by

piratas dentri de los limites de on jurisdieion, 6 que, sidndolo on altar mar, fuesen llevados 4 los rios, radas, 6 bahies, 6 encontrados en los puertoo 6 dominio de Iaotra, serin entregados 4 ss dueflos, probando estos en debida forma sus derechos ante los tribunsles competentes t

HeinOnline -- 12 Stat. 1009 1855-1863

1010

TREATY WITH BOLIVIA. stood that the claim should be made within the term of one year, by the parties 'themselves, their attorneys, or agents of their respective governments.
ATIOLZ XII

MAY 18, 186&

bien entendido que el'reclamo sed
hecho par los mismos interesados,

sus apoderados, 6 los ajentes de sus respectivos gobiernos, dentro del t6rmino de un aiho.
AEIL= XII.

Power of lsposing of personal property, and right of sueceslon thereto.

The citizens of each of the contracting parties shall have power to dispose of their personal goods within the jurisdiction of the other, by sale, donation, testament, or otherwise, and their representatives, being citizens of the other party, shall succeed to their said personal goods, whether by testament or ab intestate, and they may take possession thereof, either by themselves or others acting for them, and dispose of the same at their will, paying such duties only as the inhabitants of, the country where such goods are shall be subject to pay in like cases. And if, in the ease of real estate, the said heirs would be prevented from entering into the possession of the inheritance on account of their character of aliens, there shall be granted to them the longest period allowed by the law to dispose of the same as they dAay think proper, and to withdraw the proceeds without molestation, nor any other charges than those which are imposed by the laws of the country.
ARTIOLE XIIL

Los ciudadanos de .eada uns de las partes contratantes tendrin faeultad pars disponer de los efectos de su pertenencia, dentro de la jurisdiecion del otro, por venta, donacion, testamento 6 de oualquier otra manera, i sus herederos 6 representantes, siendo naturales de la otra parte, sueederAn en diehos efectos, sea pot testamento 6 ab instato,i podrin tomar posesion 'i disponer de ellos A su voluntad, por si 6 por otros que obren 4 nombre suyo, pagando solamente los derechos A que en semejantes casos est6n sujetos los habitantes del pais donde eesisten dichos efeetos. Y s en el cas de ser los bienes raices, estuviese prohibido i los mdncionado herederos, entrar en posesion de ]a herencia, Acausa de su caracter de estranjeros, se les concederi el plazo mas largo que fuese permitido par las leys, pars dispner de ellos coma los parezca i esportar so producto, sin otros gravdmenes ni derechos que los establecido par las teyes del pals.
ARTIOULO XII.

each n6o to be pte

Ciiens of

ise and engage, formally, to give their special protection to the persons and

Both the contracting parties prom.

property of the citizens of each other,
of all occupations, who may be in the territories subject to the jurisdiqlion of the one or the other, transient or dwelling therein, leaving open and free to them the tribunals of justice, for their judicial recourse, on the same terms which are usual and customary with the natives of the country; for which they may employ, in defence of their rights, such advocates, solicitors, notaries, agents, and factors as they may judge ptoper, in all their trials at law ; and such citizens or agents shall have free opportunity to be

Tribunals of justioe to be open.

Las dos partes contratantes prometen i se obligan formalmente A prestar su proteceion especial A lm personas i propriedades de los cWdadanos de la otra, de todas occupacaones, que eaten en los territorios de so respectiva jurisdiccion, sean transeuntes 6 domiciliados; ddndolea libre acceso 4 los tribunales do justicia par sus repursos judiciales en los mismos t6rminc .que son -de use i costumbre con los naturales; pars cuyo efecto podrin emplear en defeonsa de sos derechos, los abogados, procuradores, notarios, agentes, i fitctores que le parezea, en todas spa contiendas judiciales ; dichos ciudadanos i agentes podrn presei. tame libremente i las deckiones i

HeinOnline -- 12 Stat. 1010 1855-1863

TREATY WITH BOLIVIA. -MA present at the accusations and sentenes of the tribunals in all cases which may concern them; and likewise at the taking of all 'examinations and evidence which may be exhibited on the said trials, in the manner established by the laws of the country. If the citizens df one of the contracting parties, in the territory of the other, engage in interi nal political questions, they shall be subject to the same measures -of punishment and precaution as the citizens of the country where they
reside.
ARTICLE XIV.

13, 1858.

1011

sentencias de los tribunales, en todos los casos que les conciernan, i podrfn pedir testimonies do todas las informaciones 6 doeumentos quo se produjeren en dichos tribunales en la forma establecida por las leyes del pas. Los ciudadanos de una de las partes contratantes que halIndese en territorlo de la otra, se Those engaginjeriesen en las euestiones politicas i'..terad tions. internas, estarain sujetosi las mismas medidas de represion 6 de precaucion . que lo estuvieren los del pals.
ARTICULO XIV.

The citizens of the two contracting 'parties shall enjoy the full lib. erty of conscience in the countries subject to the jurisdiction or the one or the other, without being disturbed or molested on account of their religious opinions, provided they respect the laws and established customs of the country. And the bodies of the citizens of the one who may die in the territory of the other shall be interred in the public cemeteries, or in other decent places of burial, which shall be protected from all violation or insult by the local authorities.
ARTICLE XV.

Los ciudadanos do las dos partes Kegiotus contratantes gozarin de eomp eta redm libertad de conciencia, en los poises sojetos A lia jurisdicion de la una 6 de la otra, sin ser inquietados ni molestados por razon de sus opiniones relijiosas, con tal de que respeten las eyes i costumbres establecidas en el pais. Ademd los euerpos de b.ights ot los ciudadanos de una de las partes b"id• contratantes, que fallecierpn en el territorio de la otra, sorA enterrados en los eementerios pidblieos d otros enterratorios decentes, quo sorain protejidos contra toda violacion 6 insultos por las autoridadas locales.
ARTICULO XV.

It shall be lawful for the citizens of the United States of America, and of the Republic of Bolivia, to sail with their ships, with all manner of liberty and security, no distinetion being made who are the proprietors of the merchandises laden thereon, from any port to the places of 'those who now ate, or hereafter shall be, at enmity with either of the contmeting parties. It shall likewise be lawful for the citizens afbresaid to sail with-their siuips and merchandises before mentioned, and to trade with the same liberty and security, not only from places and p rts of those Who are enemies of th or either party, to the ports of the other, and to neutral places,'but also from one place belonging to an enemy, to another place belonging voL. XI TREAT.- 180

Seri ]lcito I.los ciudadanos de I, Fredom of epfiblica de Bolivia i de Ia Union navigation. Americana navegar con sus buques, con entera libertad i seguridad, sin hacer distincion do dueflos de ls mereaderias que se encuentren 6. su bordo, do cualesquiera puerto con los direccion A. puertos 6 lugares de desembarco de una nacion 6 naciones que estdn en guerra con una d otra de las partes contrtantes. Seri licito, asi mismo, 6 dichos ciudadanos navegar i comerciar con sus buques i mercaderias, con entera libertad i seguridad, no solamente de los lugares i puertos de los enemigos de una 6 de ambas partes, t los puertos del otro i 6.los lugares neutrales, sino tambien de un lngar perteneciente 6 un enemigo, 6. otro lugarperteneciente 6 un enemigo,

HeinOnline -- 12 Stat. 1011 1855-1863

1012

TREATY WITH BOLIVIA. to an enemy, whether they be under the jurisdiction of one power or of several.
ARTICLE XVIL

MAYi 18, 1SM

sea que esten bajo la juriedlceton
de una potencia 6 de varias. A.RTICUILO X.V. Las dos ltuS partes contratantes reconocer~n como permanentes d inmutables los principles siguientes: 10. Que el buque neutral proteje la carga, e4 decir, que los efectos, 6 mereaderias pertenecientes A los shbditos 6 ciudadanos de una nacion enemiga, son neutrales i bgrdo de un buque neutral, con escepoion de los articulos de contrabando de guerra. 2 °. Que la carga neutral A bordo de un buque enemigo, no estA sujeta i confiseacion; permanece neutral, A menos que sea contrabando do guerra. La misma neutralidad so esteader*A Ias personas que se ballen A bordo de un buque neutral, do manera que, aunque sean enemigas do ambas 6 do una de as partes, no pueden ser estraidas del buque, A no ser que sean oficiales 6 soldados que se hallan en actual serviclo del enemigo. U4s partes contratantes se obligan 4 aplicar estos principios al comerclo i navegacion de todas las potencias 6 estados que consientan en adoptarlos como permanentes 6 inmutables. AITIOUiO XVI La libertad de oomercio i navegacion se estenderA A todo jnero de mercaderias, eseeptuando solamente aquellas qua se distinguen con el nombre de contrabando do guerra bjo cuya denoihinacion se comprenden. 1. Cafiones, morferos, obuses, pedreros, mosquetes, fusiles rifles, carabinas, pilstolas, espadas, sables, ]anzas, chusoo, alabardas, i granadao. bomba, polvofa, mechas, balas, on las domes eosas correspondientes al use de estas armas. 2r. Bioqueles, escudos, yelmos, casquetes, corazas, cotas de malla, fornituras i ,estidos hechos en forms i pars uso nilltar. 8*. Bandoleras I caballos con au

The two high contracting parties ' recognize as permanent and immutable the following principles, to wit: 1st. That free ships make free goods; that is to say, that the effects or goods belonging to subjects or citizens of a power or state at war are free from capture or confiscation when found on board of neutral vessels, with the exception of articles contraband of war. Neutral prop2d. That the property of neutrals arty, &c., not su.bect to courts- on board an enemy's vessel is not ation, unless subject to confiscation, unless the same be contraband of war. The like neutrality shall be extended to persons who are on board a neutral ship with this effect, that although they may be enemies to both or either party, they are not to be taken out of that ship unless they are officers or soldiers, and in the actual service of the enemies. The contracting parties engage to apply these principles to the commerce and navigation of all such powers and states as shall consent to adopt them as permanent and immutable.
DikO ft ARTICLB XVI.

rM ships k

f war.

Contraband

This liberty of navigation and commerce shall extend to all kinds •of merchandise, excepting those only which are distinguished by the name of contraband of war, and under this name shall be comprehended 1st. Cannons, mortars, howitzers, swivels, blunderbusses, muskets, firses, rifles, carbines, pistols, pikes, swords, sabre, lances, spears, hal. berds, and grenades, bombs, powder, matches, balls, and all other things belonging to the use of these arms. 2d. Bucklers, helmats, breastplates, costa of mail, infantry bolts, and clothes made up in the form and for a militiry use. 3d. Cavalry belts, and horses , with their furniture. 4th. And, generally, all kinds of

arreos.

HeinOnline -- 12 Stat. 1012 1855-1863

TREATY WITH BOLIVIA. arms, offensive and defensive, and instruments of iron, steel, brass, and copper, or any other materials, manufitetured, prepared, and formed expressly to make war by sea or land.
ARTIOL XVfIL

X&T 18, 1858.

1618

40. Y jeneralmente todo jenero de armas ofensivas 6 defensivas, 6 instrumentos de hierro, aecro, bronoe i cobre, 6 de otras materiss, mannfacturados, preparados, i formadoe espresamente para bacer Ia guerra po mar 6 por tierra.

xTIcULO X'IVnL

All other merchandises and things not comprehended in the articles of contraband explicitly enumerated and clansified as above, shall be held and considered as free, and subjects of free and lawful commerce, so that they may be carried and transported in the freest manner by the citizens of both the contracting parties, even to places belonging to an enemy, excepting only those places which are at that time besiegeci or blockaded ; arpd to avoid all doubt in this particular, it is declared that those places or ports only are besieged or blockaded which are actually attacked by a belligerent force capable of preventing the entry of the neutral.

Cualesquiera otras mereaderias i Pryperty not numerados i clasificados arriba, tendrin, i considerardn como libres i materii de libre i legitimo comersio, de manera quo puedan ser lievadas i trasportadas, en el modo mas libro, por los ciudadanos de las dos partes contratantes aun 6 Ingares pertenecientes al enemigo; es. eeptuando unicamente aquelos In. gares quo en aquel tiempo esten siiados 6 bloqueados; i pars evitar toda duda en este particular, se doclara quo unicamente se eonsideran sitiados 6 bloqueados, aquellos Ingares 6 puertos quo esten i la asan atacados por una fuerza capaz do impedir la entrada del neutraL
ALTICULO XI. cosas no comprendidas en los articu- enumerated as los de contrabando, esplicitamento ".traband, to be so

ARTICLn XII.

The articles of contraband before enumerated and clatsified which may be tbund in a vessel bound to an enemy's port shall, be subject to detention and conflsation, leaving free the rest of the cargo and the ship, that the owners may dispose of them as they see proper. No vessel of either of the two nations shall be detained on the high seas on account of having on board articles of contraband, whenevier the tuahter, captain, or supercargo of said vessel will deliver up the articles of contraband to the captor, unless the quantity of such articles be so great or of so large a bulk that they cannot be received on board thW capturing ship without great inconvenience; but in this, as well as in all other cases of just detention, the vessel detained shnll be sent to the nearest convenient and safe port for trial and judgment according to law.

Los articulos de contrabando ya WIhaV,.rty enumerados i clasificados, quo seen- found in vemeb cuentren Abordo de un buque desti- liabeto be con. nado 41un puerto enemigo, estaAn sujetoe 6 detencion i confiscacion quedando libre el resto de la cargo. i el buque, para quo los duefios puedan hacer uso de ellos como lea pareeas conveniente. Ningun buque de etinguna de las partes contratantes podra, ser detenido en alta mar por toner A bordo articulos do contrabando si al maestre, eapitan, 6 sobrecargo de dicho buque quiere entregar los articulos de oontrabando al aprehensor, A menos do quo sea tan grAnde 6 de tanto voldmen Ia cantidad de los tales articulos, quo no puedan ser recibidos A bordo del ,buque aprehensor sin grands inconveniente ; pero en este, como en eualquiem otro easo de justa detencion, el buque detenido serA enviado al puerto mas inmediato, seguro i cdmodo para ser juzgado con arreglo 4 ls leyes.

HeinOnline -- 12 Stat. 1013 1855-1863

1014

-TREATY WITH BOLIrVA. MAY I8, 18.
ARTICLE XX. ARTICULO XX.

Blockades.

And whereas it frequently happens that vessels sail for a port or places belonging to an enemy without knowing that the same is besieged, blockaded, or invested, it is agreed that every vessel so eircm-

such port or place, but shall not be detained; nor shall any part of her cargo, if not contraband, be confiscated, unless, after warning of such blockade or investment from any officer commanding a vessel of the blockading forces, they shall again attempt to enter*; but she shall be permitted to go to any other port or place she shall think proper. Nor shall any vessel of either that may have entered into such port before the same was actually besieged, blockaded, orinvested by the other, be restrained from quitting such place with her cargo; nor, it found therein after the reduction and surrender, shall such vessel or her cargo be liable to confiscation, but theyshall be restorM to the owners thereof.
ARTICLE XX V191thig and examilation of ohips and ear9068-

staneed may be turned away from

Y como frecoentemente sucede que navegan buques pam puertos 6 lugares pertenecientes al enemigo, sin saber quo se hallan sitiados, bloqucados, 6 atacados, se conviene en quo todo buque quo se halle en este caso pueda ser rechaado de tal puerto 6 lugar, mas no detenido, ni confiscada, parte aiguna de su carga, sino es contrabando de guerra, 6 menos que despues de notifledrsele el bloqueo 6 ataque por an oficial que mande un buque de las fuerzas bloqueadoras, insistiera en entrar; pero so le permitird ir 6, cualquier otro puerto 6 lugar que juzque A propdsito. Ningun buque de una parts que hubiese entrado en un puerto, antes do qua fuese sitiado, bloqueado, 6 atacado por ]a otra, podrA ser impedido de air del lugar con su carga; ni si se enoontrase alli despues de la reduccion 6 entrega, esta6 anjeto tal buque 6 su cargo. A conflscacion, sino quo sele restiturA i su dueflo 6 propietario.

ARTIOULO XXL

In order to prevent all kind of disorder in the visiting and examination of the ships and cargoes of both the contracting parties on the high seas, they mutually agree that, whenever a vessel of war shall meet with a neutral of the other contracting party, the first shall remain at a convenient distance, and may send its boats with two or three men only, in order to execute the said examination of the papers concerning the ownership and cargo of the vessel, without causing the least extortion, violence, or ill-treatment, for which the commanders of the said armed ships shall be responsible with their persons and property; for which purpose the commanders of private armed vessels shall, before receiving their commissions, give sufficient security to answer for all the damages they may commit; and it is expressly agreed that the neutral party shall in no case be required to go oh'board the examining vessel for

Para prevenir todo jdnero de des. orden en la visita i ecsamen de los buques i cargamentos de ambas partea eontratantes en alta mar, convienen mutuamente qua cuando an buque de guerra encontrare A un neutral de la otra parte.contratante, el primero permanecerii A una conveniente .distancia, I enviari sus botes con dos 6 tres hombres solamente, con el objeto de eesaminar los papeles coneernientes 4. la propiedad I cargamento del buque, sin causar la menor estorsion, violencia, 6 maltratamiento, respeto 6 Iocual, los comandantes de dichos buques armados, serin responsables con sus/, personsa I propiedades; pam cuyo fin los cqmaudantes de buques privados armados, antes de recibir sue comisiones, darAn sufleente seguridad pam responder por todos los darlls i perjuicios qua cometieren. Se conviene espresamente en que Ia parte neutral, en ningun caso, serit requerlda 6, ir A.bordo del buque

HeinOnline -- 12 Stat. 1014 1855-1863

TREATY WITH BOLIVIA. the purpose of exhibiting his papers, or for any other purpose whatever.
ARTICLE XXI.

MAY 18, 1858.

1015

que hace la visita con el objeto de

exhibir sos papeles, ni pars ningun otto objeto.
ARTICILO XXII.

To avoid all kind of vexation and abuse in the examination of the papers relating to the ownership of the vessels belonging to the citizens of the two contracting parties they agree that, in oae one of them should be engaged in war, the ships and vessels belonging to the citizens of the other mu.-t be furnished with sea-letters or passports, expressing the name, property, and bulk of the ships, as also the name and place of habitation of the master and coinmander of said vessel, in order that it may thereby appear that said ship truly belongs to the citizens of one of the parties; they likewise agree that such ships being laden, besides the said'sea-letters or passports, shall also be provided with certificates, containing the several particulars of the cargo, and the place whence the ship sailed, so that it may be known whether any forbidden or contraband goods be on board the same; which certifictes shall be made out by the ollicers of the place whence the ship sailed in the accustomed form; without such requisites said vessels may be detained, to be adjudged by the competent tribunal, and may be declared legal prize, unless the said defect shall prove to be owing to accident, and supplied by testimony entirely equivalent.

Par evitar todo jenero de abuso

Sea-letters and

i vejacion, en el ecs6men de los pa- PMpeles relatives A Is propiedad de los buques perteneeientes a los cludadanos de las dos partes contratantes, convienen en que, en caso do que una de elias estuviese empeflada en guerra, los buques pertenecientes A. toe ciudadanos de Is otram, deben estar provistos de letras de mar 6 pasaportes, en qua se esprese el nombre, propiedad, i tamahio de los buques, como tambien el nombre i residencia del macstre i comandante de dicho buque, A fin de que apareze per ellos que dicho buque pertenece verdaderamente A los ciudadanos de una do las partes. Convienen asi mismao en que los tales buques, estando cargados, fuera do C4etiica. dichas letras do mar 6 pasaportes, deben tambien estar provistoa de

certicados, que contengan los dtferentes pormenores del cargamento, i el lugar de Ia procedencia del buque, de manera que se pueda saber si lleva A su bordo efectoe prohibidos 6 de contrabando; los cuales certificados serA~n espedidos per los empleados del lugar de dend proede el buque, en a forms acostumbrada: faltando estoo requisites, dichos buques pueden ser detenidos pars ser juzgados por W1 tribunal competente i declarados buena press, A menos de qua se pruebe que dicha falta proviene do accdente i sea suplide por un testimenlo equivalente.
AIRTIOULO

ARTICL3Z XXItI

It is urther agr6ed that the stipulations' aliove expressed, relative to the visiting and examirl tion of vessels, shall apply only to those which sail without' convoy; and when said vessels shall be under convoy, the verbal declaration of the commander of the convoy, on his word of honor, that the vessels under his protection belong to the vation whose flag he carries, and,

Se conviene asi mismo en que las Vm& precedentes eastipulaciones relativas eCovoy. A I visits i ecsamen de los buques, so aplicaritn solamente A aquellos que navegan sin convoi; i cuando dichos buques fueren convoyados, Ia declaracion verbal del comandante del convoL, bale so palabra do honor, de qua los buques que estdn bejo su proteccion, pertenecen S I& naecion cuya banderm levan, i cuando an

de

HeinOnline -- 12 Stat. 1015 1855-1863

1016

TREATY WITH BOLIVIA. when they are bound to an enemy's port, that they have no contraband goods on board, shall be sufficient.
ARTICLE XXIV.

3.1"

18, 1868.

destino es A un puerto enemigo, do que no tienen i bordo jdneros do contrabando, serii suffeiente.
AETICULO XXX.

wat eotu to It is further agreed that in all take tognixene cases the established courts for prize of Prize cause causes in the country to which the prizes may be conducted shall alone take cognizance of them; and whenever such tribunals of either party shall pronounce judgment against any vessel, or goods, or property criimed by the citizens of the other party, the sentence or decree shall mention the reasons or motives on which the same shall have been founded, and an authenticated copy of the sentence or decree, and of all the proceedings in the case, shall, if demanded, be delivered to the commander or agent of said vessel without any delay, he paying the legal fees for the same.
ARTICLZ XXV.

So conviene ad nismo quo en todo caso los tribunales establecidos pars las causas de presas en el pals A que las presas fueren conducidas, serdn los unicos quo tomen conoedmiento de elias; i siempre que tales tribunales de una d otr;a parte pro-. nunciaren sentencia contra un buque, 6 jdueros 6 propiedad, reclamados por los ciudadanos do la otra parte, la sentencia 6 decision pronunciada harg mencion de las razones 6 motivos en quo se ha fundado, i se entregar siempre que lo pidierqn, al comandante, 6 agente de dicho buque, una copia autentica de Ia sentencia 6 decision i de tdos los procedimientos del caso sin retardo alguno, pagando pot elr los derochos 6 gastos legales.
ARTICULO XXV.

No lettes of pivatoes=

msne to aet as Bolivia shall take any commission

No citizen of the Republic of or letters of marque for arming any ship or ships to act as privateers against the said United States, or any of them, or against the citizens, people, or inhabitants of the said United States, or any of them, or against the property of any of the inhabitants of any of them, from any prince or state with which the said United States shall be at war; nor shall any citizen or inhabitant of the United States, or any of them, take any commission or letters of marque for arming any ship or shipi to act as privateers against the citizens of the Republic of Bolivia, or any of them, or the property of any of them, from any prince or State with which the said Republic of Bolivia shall be at war; and Ifany person of either nation shall take echcommissions or letters of marque he shall be punished accoading to their respective laws,
AR2TIOLN XX.

Ningun cltdadano de )a Repiblica de Bolivia podri aceptar coaision 6 letras de marca, part arnmar en corse uno 6 mas buques I obrar como corsario eontra lo Estados Unidos, 6 alguao de elo., 6 contra los ciudadano, pueblo, 6 habitantes de alguno de ellos, 6 contra In propiedad de alguno de los habitantes de aguno de ellos, do ningun prinelpe 6 nacion con quo dicbos'Zstados Unids estuvieren en guerm; tampoco podri ningun ciudadano 6 habitante de los Estados Unidos aceptar eomision 6 letras do wares, para armar nno 6 mas buques I obr como corsario contra los cadadanm do la Repfiblica de. Bolivia, 8 algtuno do ellos, 6 ]a propie. dad de alguno de selos, de ningun prltipe'6 estado con el cual dicha Repdbliea do Bolivia estuylera en guerra; I A algana persona de una d otra naclon tomaire tales comisione 6 letras de marea, serA eastigado confome ik sut leyes rpectivas.
AhIODLO XXVI

1mnakan

In aceordance with fAxed prinel-

Conforme A os prineipios 4Jos del

HeinOnline -- 12 Stat. 1016 1855-1863

TREATY WITH BOLIVIA. *&r I-, .180. pies of international law, Bolivia
regards the rivers Amazoi and La Plata, with their tributaries, as highways or channels opened by nature for the commerce of all nations. In virtue of which, and desirous of promoting an exchange of productions through these channels, she will permit and invites commercial vessels of all descriptions of the United States, and of all other nations of the world, to navigate freely in any part of their courses which pertain to her, ascending those rivers to Bo1ivian ports, and descending therefrom to the ocean, subject only to the conditions established by this. treaty, and to regulations sanctioned, or which may be sanctioned, by the national authorities of Bolivia not inconsistent with the stipulations thereof.

A417

dereeho internacional, Bolivia con- of the Amazon

sidera los rios Amazonas i Plata i and La Plata. sus respectfvos afluentes, como visa 6 canales abiertos per la natumlezsa para el comercio le td4s las naciones. En a viind, i deseando promover un cambio de productos por medio de estos canales,, permite 1 convida6, los buques mereantes de todo clase de los Xstados Unidos i de todas tas naciones del mundo,6 navegar libremente ou td.la porte de los cursos que la pqrtaq.za, subiendo por diehos c nalp.A puertos Bolivianos, 6 bajando de',estos al
oedano, con aujecion Anicamente A

las condiciones que establece este tratado, i6. las leyes i reglamentos
sancionados 6 que en adelante se sancionaren per Is gutoridad nacional de Bolivia, i que no est6a en contradiocion con sus estipulaciones.
RTICULO XX I.

ARTICLE XXVIL

"The owners or commanders of vessels of the United States entering the Bolivian tributaries of the Amazon or La Plata shall have the right to put up or construct, in whole or in part, vessels adapted to shoal-river navigation, and to transfer their cargoes to them without the payment of additional duties; and they shall not pay duties of any description for sections or pieces of vessels, nor for the machinery or materials which they may introduce for use iA the construction of said vessels.

Los armadores i comandantes de Navigation of buques de los Estado Unidos, desde the tributries of ao he que hayan entrado en los tributaris te---as Bolivianos del Amazonas i del Plata, tendrnn derecho de armar .I construir en todo 6 en parte embareaclones adaptables 6. rios de poca profundidad, 1 trasbordar sus eargamentos t los buques al construidos, sin pagar pr ello dereehos adicionale. gNo pagarin derechos de ninguna clase por secciones 6 piezas de buque, ni por as mAquinas 4. materias que introdujeren pam facilitar la eonstruccion de dichas era-

barcacione
Todo los puntos accesibles A Ports open to All places accessible to these, or other vessels of the United States, estas d otras embarcaciones de los foreign comupon the said Bolivian tributaries Estados Unidos en los tributaries Wm of the Amazon or LA Plata, shall Bolivianos del Amazonas 6 del be considered as ports open to for- Plata, serAn considerados como eign commerce, and subject to the puertos abiertos al comereio estranprovisions of this treaty, under such Jero, i sojetos 6 las disposiciones de regulations as the Government may este tratado bajo el r6jimen que el deem necessary to establish for the Gobierno tengs 6 bien establecer collection of custom-house, port, pars el oobro de derechos de aduana, light-house, police, and pilot duties. puerto, fanal, policia, i pilotaje. For And such vessels may discharge consiguiente podrdAn descargar i reand receive freight or cargo, being cibir flete 6 carga de efeetos del pals effects of the country or foreign, at 6 estrangeros, en emalquiera de di. any one of said ports, notwithstand- ehos puntos, sin pejuicio de lo etlpulado en el articulo 3. Ing the provisions of article 8.

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1018

118TREATY WITH BOLiVIA, kf#
ARTICL XXVIIL

W S.
VIflo..

ART1CU1LO.

cae of wr

Pdvttegs, i

If, by any fatality, (which cannot be expected, and which God forbid,) the two contaacting parties should be engaged in a war with each other, they agree, now for then, that there shall be allowed the term of six months to the merchants residing on the coasts and in the ports of each other, and the term of one year to those who d.well in the interior, to arrange their business and transport their effects wherever they please, giving to them the safe conduct. necessary for it, which may serve as a sufficient protection until they arrive at the designated port. The citizens of all other occupations, who may be established in the Territories of the United States and the Republic of Bolivia, shall be respected and maintained in the full enjoyment of their personal liberty and property, unless their particular conduct shall cause them to forfeit this protection, which, in consideration of humanity, the contracting parties engage to give them.
ARTIOLE XXIX.

Si por una desgracia, qua no ea: de esperar, i que Dies no permita, ]as dos partes contratantes se empeflasen en una guerra una con otra, convienen ahora pars ent6nbes en que ae concederi el tdrmino de seis moses 6 los comerciantes i traficantea residentes en las costas i puerto de ]a or, i el de un ae A los que habiten en el interior, para arreglar sus negocios i trasportar sns efetos donde lea convenga, ddndoles el salvo - conducto necesario para el efecto, tal quo lea pueda servir de sulciente proteecion hasta 'que leguen al puerto designado. Los ciudadanos de todas las otras ocupaciones que estbn establecidos en el territorio de los Eetados Unidos i do Ia Repdblica de Bolivia serda respetados i mantenidos en el pleno goce de su libertad personal i de sus propiedades, A no ser que su conducta particular lea cause privarse de esta proteecion, que Jas partes contratantes les acnerdan por consideraciones de humanidad.
A.RTICULO XXIX.

Debts, 5, not Neither the debts due from the to be ndted. individuals of one nation to the individuals of the other, nor shares, nor moneys whieh they may have in the public funds, nor in public or private banks, shall ever, in any event of war or of national difference, be sequestered or confiscated.
ATIXQLIX.

Ni las deudas particulares de loe individuos de una de las dos partes Oontratantes A loe individuos do la otra, ni las aoiones 6 dinero que os puedan tener en los fondos pdblioos, 6 en los bancos pdblicos 6 privados, podrin jamis en caso do guerra 6 de diferoncias nacionales, ser secuestrados ni confiscados.
ARTICULO XX
-

Prdvileges most favored of nstien to ministoe &e.

Both the contracting parties, being desirous of avoiding all inequality in relation to their public communications and official intqrcourse, agree to grant to the envoys, ministers, and other public agents, the same favors, immunities, and exemptions which those of the most favored nation do or may enjoy; it being understood that whatever fa vors, immunities, or privileges the United States of America or the Republic of Bolivia may find it proper to give to the ministers and

Deseando Ia dos partes contratantes evitar toda desigualdad relativa 4 sus comunicaciones p6blicas i sa correspondencia ofieial, convienen en conceder i los enviados, ministros, i otros agentes pdblicos, los mismos favores, inmunidades i esenciones quo hoi gosan i en adslanto gozaren los de la nacion mas favorecida, entendidadose quo cualesquiera favores, inmunidades 6 privilejios quo Ia Repdblica de Bolivia i los Estadis Unidos de AmdrIon tuvicren por convenient. conce-

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TREATY WITH BOLIVIA.

MAx 18, 1858.

1019

other public agents of any other power, shall, by the same act be extended to those of each of the contracting parties.
ARTICLE XXXL

der 6 los ministros i otros agentes pdblieos de cualquiera otra potencia, serin por el mismo hecho estendidos 6, los de cada una de las partes contratantes.
ARTICULO XXXL

To make efleetual the protection Para hacer mas efectiva ]a pro- Consuls and 'ul. which the United States and the teccion que Ia Repdblica de Bolivia vle-es Republic of Bolivia shall afford in i los Estados Unidos prestarda en future to the navigation and com- lo futuro &la navegacion i al comermerce of the citizens of each other, cio de sus cludadanos respectivos, they agree to receive and admit convienen en recibir i sidmitir conconsuls and vice-consuls in all the sules i vice-consules en todos los ports open to foreign commerce, puertos abiertos al comercio estranwiho shall enjoy in them all the jero, quienes gozarin en ellos do rights, prerogatives, and immunities todos los derechos, prerogativas, 6 of the consuls and vice-consuls of inmunidades de los consoles 6 vicethe most favored nation; each con- consules de la nacion mas favoreditracting party, however, remaining da, quedando sin embargo eada at liberty to except those ports and una de las partes contratantes libre places in which the admission and pars, esceptuar aquellos puertos i residence of such consuls and vice- lugares en que Ia admision i resiconsuls may not seem convenient. dencia de tales consoles i vice-eonsules no le parezea conveniente.
ARTICLE ARTICULO XXXII

In order that the consl and vice-consuls of the two contracting parties may enjoy the rights, immunities, and prerogatives which belong to them by their public character, they shall, before entering upon their functions, exhibit their commission or patent in due form to the government to which they are accredited, and, having obtained their exequatur, they shall be held and considered as such by all the authorities, magistrates, and inhabitants in the consular district in which they reside.'
ARTICLE XXXIL

Pam que los consules i vice-con- Credentlak and sules de las dos partes contratantes puedan gazar de los derechos, prorogativas, 6 intnunidades que les pertenecen por su caracter pdblico, ecsibirtin, iates do entrar en el ejereicio de sus funciones, so comision 6 patente en debida forma, al gobierno ante quien son acreditados, i babiendo obtenido el exequatur, serdn tenidos i considerados som6 tales, por todas las autoridades, majistrado, i hibitantes del distrito consular en que residen.
ARTICULO XXXm.

It is also agreed that the consuls, and officers and persons attached to the consulate, they not being citizens of the country in which the consul resides, shall be exempted from all kinds of imposts and contributions, except those which they shall be obliged to pay on account of their commerce or property, to which the citizens or inhabitants, native or foreign, of the country in which they reside are subject, being, in everyVOL. XL. TxATr.-131

Convfenen igualmente en que los lxemntions of c6nsules, oficiales, i demas personas inimuh, s. agregodas al consulado, no siendo ciudadanos del pas en que reside el consul, estartin esentos de todo jinero de impuestos i contribuciones, eseepto equellos que st6n obligados i pagar por razon de comercio i de su propiedad, i A la quo esitin sujetos los ctudadanos i otros habitantes del pais en que residen, estando ellos por lo demis sojetos

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1020

TREATY WITH BOLIVIA. thing besides, subject to the laws of the respective states. The archives and papers of the consulate shall be respected inviolably, and under no pretext whatever shall any magistrate seize, or in any way interfere with'them.
ARTICLE XXXIV.

kY 1

185&"

as eyes de los respectivos esta. la dos. Los archives i papeles de los consulados serin inviolablembnte respetados, i bajo ningun pretesto se apoderart ni intervendrik. en ellos ningun mojistrado.
ARTICULO XXXIV.

Duoutef fro The said consuls shall have powvessels. .er to require the assistance of the authorities of 1he country for the arrest, detention, and cuhtody of deserters from the public and private vessels of their country ; and for that purpose they shall address themselves to the courts, judges, and *Ticers competent, and shall demand the said deserters in. writing, proving by an exhibition of the registers of the vessels' or ships' roll, or other public documents, that those men were part of the said crews ; and on this demimd, so proved, (saving, however, when the contrary is proved.) the delivery shall not be refused. Such desertera, when arrested, shall be put at the disposal of said consuls, and may be put in the public prisons, at the requestand expense of those who reclaim them, to be sent to the ships to which they belonged, or to others of the same nation; but if they be not sent back within two months, to be cdunted from the day of their arrest, they shall be set at liberty, and shall be no more arrested for the same canme.
ARTIOLN XXXV.

Los dichos c6nsules tendri6n facultad para requerir el ausilio do las autoridades del pals, pam e. arresto, detencion, i custodia de los desertores de los buques pliblics i privados de su naion; i para el efecto so dirjirin A los tribunales, jueces, i autoridades competentes,
i pedirdn por eserito dichos deser.

tores, probando con la manifestacion de los registros 6 roles de los buques, 6 con otros documentos ptiblicps, quo aquelos hombres hacian parts do dieha tripulacion; i probada asi 1a demanda, no podri ser rehusada 1% entrega, (salvo, no obstante euando baya prueba en contrario.) Tales, desertores, una vez arrestados, serin puestos A disposioion de dichos c6nsoles, i podran ponerse en las prisiones pdblicas, S instancia i costa de los que los reolamen, par ser eliviados 6,los buques Aque pertenecian 6 Aotros de a misma nacion. Pero, si no fueren enviado dentro de dos moses, quo deben contarse 'desde el. dia de su arresto, serfn puestos en libertad, i no volverin A ser arrestadv por Is iiisma causa.
ARTICLO XXXV.

Cenula evention.

For the purpose of more effectually protecting their commerce and navigation, the two contracting parties agree, as soon hereafter as circumstances will permit them, to form a consular convention, which shall declare especially the powers and immunities of the consuls and vice-consuls of the respective parties.
ARTIOLM XXXVL

Con el fin de protejer mas efleazmente su comercio i navegacion, las dos artes contratantes convienen por el presente, en formar, luego que las circunstancias lo permitan, una convencion consular que declare especialmente las facultades 6 inmunidades de los c6nsules i vice-c6nsules do las respectivas partes.
ARTICULO XXXV

The United States of America and the Republic of Bolivia, desiring to make as durable as eir-um-

LA Repaiblica do Bolivia i los Estados Unidos de Am6rica, deseando baper tan duraderas como las

HeinOnline -- 12 Stat. 1020 1855-1863

TREATY WITH BOLIVIA. "T stances will permit the relations which are established between the two parties by virtue of this treaty of peace, amity, commerce, and navigation, declare solemnly and agree to the following points: 1st. The present treaty shall remain in full force and virtue for the term of ten years, to be counted from the day of the exchange of the ratifications, and further, until the end of one year after either of the contrapting parties shall have given notice to the other of its intention to terminate the same; each of the contracting parties reserving to itself the rightof giving such notice to the other at the end of said term of ten years; and it is agreed between them that, on the expiration of one year after such notice shall have been received by either from the other party, this treaty, in all its parts relative to commerce and navigation, shall al. together cease and determine; and in all those parts which relate to peace and friendship, it shall be perpetupt and permanend/y binding .
on both powers.

I8, 18W&0

lost

circunstancias Io permitan las relaciones que quedan establecidas entre ]as dod pastes, por virtud de este tratado de paz, amistad, comercio, i navegacion, han declarado solemnemente i convenien en los siguientes
puntos :° V . El presente tratado pexmane- Duration of this cerb en plena fuerza i valor por el treaty.

termino de diez afros, que se contarn desde el dia del eanje do las ratificaciones, i en adelante, hasta el fin de un ailo despues.que una de las partes haya notificado h Ia otra su intencion de haerlo cesar; r*servindose eada una de lIs partas contratantes el derecho de hacer semejante notificacion A ]a otra, al fin de dicho termino de diez afios. Y se conviene adens entre las partea, que A li espiracion de un aflo despuescue a notificacion haya sido recibida per una do elias, este tratado, en todas sus partes re ativas al comereio i navegacion, cesarh i terminarh enteramente, i en todas aquellas 'partes que dicen relacion i Ia paz i amistad, ser perpetuo i permanentemente obligatorio pars 6.mbas potencias.

2d. If one or more of the citizens of either party shall infringe any of the articles of this treaty, such cit-' izen shall be held personally responsible for the same, and harmony and good correspondence between the two nations shall not be interrupted thereby, each party engaging in no way to protect the offender, or sanction such violation.

2?. Si cualquiera 6 cualesquiera Inftnement ciudadanos de una d otra parte of teatbitiquebrantaren alguno de los artiu-a. los del present tratado, dicho ciudadano 6 ciudadanos serhn. personalmente responsables,'i Ia armonia i buena correspondencia entre las dos naciones no sern por eso intrrumpidas, comprometiendose cada parte h no protejer al ofensor 6 sancionar tel violacion. 8d. .. 3 If,(what indeed cannot be ex- S8". Si, (1o que no es de esperar,) case of violation Proceeding in 10 pected,) unfortunately, any of the dasgraciadamente alguno de. los - ay rtine. articles contained in the present articulos contenidos en este tratado treaty shall be violated, or infringed fudse violado 6 infrinjido de alguna in any other mode whatever, it is otra manera, se estipula espresaexpressly stipulated that neither bf mente qua ninguna de las partes the contracting parties will order or contratantes ordenarA ni autorizart authorize any act of reprisal, nor ningun acto de represhilia, ni decladeclare war against the other, on rant guerra contra la otra, por quejas complaints of injuries or damages, de agravioi 6 per icios, hasta que until the said party considering it- la dicha parte que so considere ofenself offended shall have first pre- dida haya presentado , la otra una sented to the other-& statement of representacion de tales injuries 6 such injuries or damages, verified by daflos, verificada por pruebas comcompetent profs, and demanded jus- petentes, i haysa demandado justicia, tice, and the same shall have been i quo esta le haya sido rehusada 6 either refused or unremonably.de- retardada in razon. layed.

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im

TREATY WITH BOLIVIA.- M&T 18, 1858.
4
.

Nada de lo contenido en este tratado se entender4 sin embargo, tain existing treaties, contrary to former and existing pub- capax de producir efectos contrarios lic treaties with other sovereigns Atratados anteriores con otros estados 6 soberanos. and states. How to be ratiThe present treaty of peace, amiEl presente tratado de paz, amistied. ty, commerce, and navigation shall tad, comerci, i navegacion seri ratibe ratified by the President of the fcado por el Presidente de la ReUnited States of America, by and pdblica de Bolivia con a aprobawith the advice and consent of the cion del Congreso Nacional, i por Senate thereof, and by the President el Presidente do los Estados Unidos of the Republic of Bolivia, with the de Amdrica, con el dictamen i conapprobation of the National Con- sentimiento del Senado de dichos gress; and the ratifications shall be Estados; i las ratifllaciones serin exchanged in the capital of the Re- canjeadas eh la capital de la Repdb. public of Bolivia within eight lie de 'Bolivia dentro de ocho months, to be counted from the date meses, que deberin contarse desde of the ratification by both govern- la data de dichas ratificaeiones por ambos gobiernos. ments. In faith whereo, we,'the plenipo. En f6 de o cual, nos los plenitentiaries of the United States of potenciarios de la Repdblica de BoAmerica and of the Republic of livia i de los Estados Unidos do Bolivia, have signed and sealed Amdrica, h6mos firmado i sellado el Trety not to 4th. Nothing in this or operate con ctwith car- however, be construed treaty shall, signatum these presents. Done in La. Paz, on the thirteenth (18th) day of May, in the year of our Lord one thousand eight hundred and fifty-eight, presente.

Heeho en La Paz, el trece de Mayo, del aflo del Sefilor de m'docho clentos cincuenta i ocho. LUCAS M. DE LA TAPIA,

(A. D. 1858.) JOHN IV. DANA, LUCAS 31. DE LA TAPIA,
Exchange of ratifications, November 9, 18132. [L. 8.]

JOHN W. DANA,

R. ,k

And whereas the said treaty, as amended, has been duly ratified on both parts, and the respective ratifications of the same were exchanged at La Paz, on the 9th o& November last, by David K. Cartter, Minister Resident of the United States, and Sefior Don Manuel Josd Cortig, Minister for Foreign Relations of Bolivia, on the part of their respective governments, the time specified for that purpose by the thirty-sixth article havjng been extended by the contracting parties. Proclaimed Janary 8, 1W&3 Now, therefore, be it known that I, ABRAHAM LINCOLN, President of the United States of America, have caused the said treaty to be, made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand, and caused the seal of the United States to be affixed.
Done at the city of Washington, this eighth day of January,
[L

s "1n the year of our Lord one thousand eight hundred and L. " sixty-three, and of the Independenee of the United States the eighty-seventh.

ABRAHAM LINCOLN.

By the President:

WILLLU

H. SEWAw &ecr,,a" of &ra. D,

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TREATY WIT

CHINA. JuNz 18.1858.

im

Jl~atV of Peace, Amity, and C7ommerce, between the United State of
America and CMda.

fled tt!by Stater, December 21, 1858, and Proaimed by Use Avidew of die United Se, IAaaw 26, 1860. BY THE PRESIDENT OP THE UNITED STATES OF AMERICA:

Cnl&ded at 2Tentsin, June 18, 1858; Rati-

A PROCLAMATION.
WmzA&s aktreaty between. the United States of America and the TaTsing Empire was concluded and signed at Tientsin by their respective plenipotentiaries, on the eighteenth day of June, 1858, which treaty is,

Tn is,

word for word, as follow.:
The United States of America and the Ta-Tsing Empire, desiring to contract maintain firm, lasting, and sincere friendship, have resolved to renew, in Prtes a manner clear and positive, by means of a treaty or geeral convention of peace, amity, and commerce, the rules which shall in future be mutually observed in the intercourse of their respective countries; for which most desirable object the President of, the United States and the august sovereign of the Ta-Tsing Empire have named for their plenipotentiaries, to wit: the President of the United States of America, William B. Reed, Negodats. Envoy Extraordinary and Minister Plenipotentiary to China; and his Majesty the Emperor of China, Kweiliang, a member of the Privy Council and Superintendent of the Board of Punishments; and Hwashana, President of the Board of Civil Office and Major General of the Bordered Blue Banner Division of ihe Chinese Banner-men, both of them being Imperial Commissioners and Plenipotentiaries; and the said miniters, in virtue of the respective full powers they have received from their governments, have agreed upon the following articles: ARTICLE L There shall be, as there have always been, peace and Amity, &e. friendship between the United States of America and the Ta-Tsing Empire, and between their people, respectively. They shall not insult or oppress each other for any trifling cause, so as to produce an estrangement between them; and if any other nation should act unjustly or oppressively, the United States will exert their good offices, on being informed of the case, to bring about an amicable arrangement of the question, thus showing their friendly feelings. ARTIOL IL In order to perpetuate friendship, on the &xehange of _w t -., 7t ratifications by the President, with the advice and consent of the Senate b, kflt~,nere of the United States, and by his Majesty the Emperor of China, this treaty shall be kept and sacredly guarded in this way, viz.: The original. treaty, as ratified by the President of the United States, shall be deposited at Peking, the capital of his Majesty the Emperor of China, in charge of the Privy Council; and, as ratified by his Majesty the Emperor of China, shall be deposited at Washington, the capital of the United States, in charge of the Secretary of State. AiTiOLz IL In order that the people of the two cointries may know To be published *nd obey the provisions of this treaty, the United States of Amerlca %Tee, immediately on the exchange of ratifications, to proclaim the same and to publish it by proclamation in the gazettes where the laws of the United States of America are published by authority; and his Majesty the Emperor of China, on the exchange of ratifications, agrees immediately

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1024

TREATY WITH

HIONA.

Sma 18, 1858

to direct the publication of the same at the capital and by the governors of all the provinces. IV. In order further to perpetuate friendship, the minister Minister of the AaTxfzc or commissioner, or the highest diplomatic representative of the United Unt tae
the right to cor- ~tates of America in China, shall at all times have the right to correspond

repond, 8.,_ on terms of perfect equality and confidence with the officers of the Privy Wit. zrtata ofe- Council at the capital, or with the governors general of the Two Kwangs, the provinces of Fuhkien and Chehkiang or of the Two Kiangs; and whenever he desires to have such correspondence with the Privy Council
at the capital he shall have the right to send it through either of the said governors general or by the general post; and all such communications shall be sent under seal, which shall be most carefully respected. The Privy Council and governors general, as the case may be, shall in all eases consider and acknowledge such communications promptly and respectfully.

to -isit and sojourn at the capital, 8we.

to

nlattons

whenever le has business, shall have the right to visit and sojourn at the capital of his Majesty, the Emperor of China, and there confer with a member of the Privy Council, or any other high officer of equal rank deputed for that purpose, on matters of common interest and advantage. as His visits shall not exceed one in each year, and he shall complete his business without unnecessary delay. He shall be allowed to go by land

ARTICLE V.

The minister of the United States of America in China,

or come to the mouth of the Peiho, into which he shall pot bring ships-ofwar, and he shall inform the authorities at that place in order that boats may be provided for him to go on his journey. He is not to take advantage of this stipulation to request visits to the capital on trivial occasions. Whenever he means to proceed to the capital he shall communi. cate, in writing, his intention to the Board of Rites at the capital, and thereupon the said board shall give the necessary directions to facilitate his journey and give him necessary protection and respect on his way. On his arrival at the capital he shall be furnished with a suitable residence prepared for him, and he shall defray his own expenses; and his entire suite shall not exceed twenty persons,' exclusive of his Chinese attendants, none of whom shall be engaged in trade. ARTICLE VI. If at any time his Majesty the Emperorof China shall, to have the same Privileges by treaty voluntarily made, or for any other reason, permit the representas the represent. ative of any friendly nation to reside at his capital for a long or short
other ation, time, then, without any further consultation or express permission, the

representative of the United States in China shall have the same privi-

lege.
Terms of cor- ARTICLE VIL The superior authorities of the United States and of respondence and China in corresponding together shall do so on terms of equality and In oommusloaston. form of mutual communication, (chauhwui.) The consuls and the lcal officers, civil and military, in corresponding together shall likewise employ awu.) When inferior the style and form of mutual communication, (ekM officers of the one government address superior officers of the other they shall do so in the style and form of memorial, (shin chin.) Private individuals, in addressing superior officers, shall employ the style of pedition, (pinching.) In no case shall any terms or style be used or suffered which shall be offensive or disrespectful to either party. And it is Presents not to agreed that no presents, under any pretext or form whatever, shall ever be demanded. be demanded of the United States by China, or of China by the United States. ART-LE VIII In all future personal intercourse between The repreInterviews, when to be had. sentative of the United States of America and the governors general or governors, the interviews shall be bad at the official residence of the said officers or at their temporary residence, or at the residence of the reprosentative of the United States of America, whichever may be agreed upon between them; nor shall they make any pretext for declining these
N-

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TREATY W1THC interviews.

A.'

i 18, '1858

1025 current=t-

Current matters shall be discussed by correspondence, so as

not to give the trouble of a personal meeting. cused. AnTICLU IM Whenever national vessels of the United- States of Provisions as to America, in cruising along the coast and among the ports opened for trade national Tomb for the protection of the commerce of their country or for the advance- of the United States. ment of science, shall arrive at or near any of the ports of China, commanders of said ships and the superior local authorities of government shall, if it be necessary, hold intercourse on terms of equality and courtesy, in token of the friendly relations of their respective nations; and the said vessels shall enjoy all suitable facilities on the part of the Chinese government in procuring provisions or other supplies and making necessary repairs. And the United States of America agree that in case of ", of American asto cPtures, shi . .. . the shipwreck of any American vessel, and its being pillaged by pirates, veeos be pl. orin case any American vessel shall be pillaged or captured by pirates rates. on the seas adjacent to the coast, without being shipwrecked, the national vessels of the United States shall pursue the said pirates, and if captured deliver them over for trial and punishment. ARTICLE X. The United States of America shall have the right to Consuls, &e., appoint consuls and other commercial... agents for the protection of trade, ce -In plaes I . e at to reside at such places in the dominions of China as shall be agreed to china. be opened; who shall hold official intercourse and correspondence with the local officers'of the Chinese government, (a consul or vice-consul in charge taking rank with an intendant of circuit or a prefect,) either personally or in writing, as occasions may require, on terms of equality and reciprocal respect. And the consuls and local officers shall employ the style of mutual communication. If the officers of either nation are dis- Rules of interrespectfully treated or aggrieved in any way by the other authorities, they course and crhave the right to make representation of the same to the superior officers respondence. of the respective governments, who shall see that fall inquiry and strict justice shall be had in the premises. And the said, consuls and agents shall carefully- avoid all acts of offence to the officers and people of China. On the arrival of a consul duly accredited at any port in China, it shall be the duty of the minister of the United States to notify the same to the governor general of the province where such port is, who shall forthwith recognise the said consul and grant him authority to act. AnTioLi XL. All citizens of the United States of America in China, Citizens ef the States in peaceably attending to their aff-irs, being placed on a common footing of United to be proChin amity and good will with subjects of China, shell receive and enjoy for teted In person themselves and everything appertaining to them the protection of the and property. local authorities of government, who shall defend them from all insult or injury of any sort. If their dwellings or property be threatened or attacked by mobs, incendiaries, or other violent or lawless persons, the local officers, on requisition of the consul, shall immediately despatch a military force to disperse the rioters, apprehend Jhe guilty individuals, and punish them with the utmost rigor of the law. Subjects of China oiences by or net how punguilty of any criminal act towards citizens of the United States shall be punished by the Chinese authorities according to the laws of China; :ed. and citizens of the United States, either on shore or in any merchant

vessel, who may insult trouble, or wound the persons or injue the prop-

erty of Chinese, or commit any other impropr act in China, shall be punished only by the. consul or other public functionary thereto authorized, according to the laws of the United States. Arrests in order to trial may be made by either the Chiinese or the United States athorities. Citizens of the commerce, shall be permitted to rent MAY rent any RTICLEgports open to foreign United 8tates, residing or sojourning at houes&e., e of the X and ite houses and places of business, or hire sites on which they can themselves hiMh build houses or hospitals, churches and cemeteries. The partie interested build thereo. can fix the rent by mutual and equitable agreement ; the proprietors shall not demand an exorbitant price, nor shall the local authorities interfere, un-

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TREATY WITH CHINA. Jui

18,1858.

less there be some objections offered on the part of the inhabitants respecting the place. The legal fees to the officers for applying their seal shall be egulatlons, paid. The citizens of the United States shall not unreasonably insist on particular spots, but each party shall conduct with justice and moderation. Any desecration of the cemeteries by natives of China shall be severely punished according to law. At the places where the ships of the United States anchor, or their citizens reside, the merchants, seamen, or others can freely pass and repass in the immediate neighborhood; but, in order to the preservation of the public peace, they shall not go into the country to the villages and marts to sell their goods unlawfully, in fraud of the revenue. Provisions as ARTIOLE XIII. If any vessel of the United States be wrecked or to wrecked or stranded vess, stranded on the coast of China, and be subjected to plunder or other of tIe United damage, the proper officers of government, on receiving information states. of the fact, shall immediately adopt measures for its relief and security; the persons on board shall receive friendly treatment, and be enabled to repair at once to the nearest port, and shall enjoy all failiies for obtainast mehrobant ing supplies of provisions and water. If the merchant vessels of the " United States, while within the waters over which the Chinese governedby pr ment exercises jurisdiction, be plundered by robbers or pirates, then the Chinese local authorities, civil and military, on receiving information thereol, shall arrest the said robbers or pirates, and punish them according to law, and shall cause all the property which cn be recovered to be restored to the owners or placed in the hands of the consul 14 by reason of the extent of territory and numerous population of China, it shall in any ease happen that the robbers cannot be apprehended, and the property only in part recovered, the Chinese government shall not make indemnity for the goods lost; but if it shall be proved that the local authorities have been in collusion with the robbers, the same shall be communicated to the superior authorities for memorializing the Throne, and these officers shall be severely punished, and their property be confiscated to repay the losses. ARTioLz XIV. The citizens of the United States are permitted to frePorts and cities quent the ports and cities of Canton and Chau-chau or Swatan, in the provwercna of ince of Kwang-tung, Amoy, Fuh-ehau, and Tai-wan, in Formosa, in the = rosie Nd province of Fuh-kien, Ningpo, in the province of Cheh-kiang, and Shangha, in the province of Kiang-su, and any other port or place hereafter by treaty with other powers or with the United States opened to commerce, and to reside with their families and trade there, and to proceed at pleasure with their vessels and merchandise from any of these ports to any Plenalty for other of them. But sold vessels shall not carry on a clandestine and eindeineirade. fraudulent trade at other ports of China not declared to be legal, or along the coasts thereof; and any vessel under the American flag violating this provision shall, with her cargo, be subject to confiscation to the Chinese government; and any citizen of the United States who hall trade in any contraband article of merchandise shall be subject to be dealt with by the Chinese government, without being entitled to any countenance or protection from that of the United States; and the United States will take measures to prevent their flag from being abused by the subjects of other nations as a cover for the violation of the laws of the Empire. tAde at such ARTiCLa XV. At each of the ports open to commerce, citizens of the ports. United States shall be permitted to import from abroad, and sell, purchase, and export all merchandise of which the importation or exportation Tariff f duties is not prohibited by the laws of the Empire. The tariff of duties to be paid by citizens of the United States, on the export and import of goods from and into China, shall be the same as was agreed upon at the treaty VoL vL p. s00. of Wanghia, except so far as it may be modified by treaties with other nations, it being expressly agreed that citizens of the United States shall never gay higher duties than those paid by the most favored nation.

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TRP.EAY WITH clNA.

F

18T8iis,

10'Rate of ton.

AnirCLn XVI. Tonnage duties shall be paid on every merchant Yes-

Bel belonging to the United States entering either of the open ports at the rate of four mace per ton of forty cubic feet, if she be over one hundred and fifty tons burden, and one mace per ton of forty cubic feet, if she be of the burden of one huvdred and fifty tons or under, according to the tonnage specified in the register ; which, with her other papers, shall, on her arrival, be lodged with the consul, who shall report the same to the commissioner of eustoms. And if any vessel, having paid tonnage duty at one port, shall go to any other port to complete the disposal of her cargo, or, being in ballast, to purchase an entire, or fill up an incomplete, cargo, the consul shall report the same to the commi .4oner of customs, who shall note on the port clearance that the tonnage duties have been paid, and report the circumstances to the collectors at the ether customhouses; in which case, the said vessel shall only pay duty on her cargo, and not be charged with tonnage duty a second time. The collectors of Beacons and customs at the open ports shall consult with the consuls about the erec- light-houses. tion of beacons or light-houses, and where buoys and light-ships should be placed. ARTICLR XVII. Citizens of the United States shall be allowed to Pilot, smmen, engage pilots to take their vessels into port, and, when the lawful duties servants, have all been paid, take them out of port. It shall be lawful for them ,to hire at pleasure servants, compradores, linguists, writers, laborers, seamen, and persons for whatever necessary service, with passage or cargo boats, for a reasonable compensation, to be agreed upon by the parties or determined by the consul. ARTICLE XVUL Whenever merchant vessels of the Uqited States Port regulaiall enter a port, the collector of customs shall, if he see fit, appoint chat veels. • custom-house officers to guard said vessels, who may live on board the
ship or their own boats, at their convenience. The local authorities of
D,,,,tOT, mu-

the Chinese government shall cause to be apprehended all mutineers or tineersandrimdeserters from on board the vessels of the United States in China, on inals. being informed by the consul, and will deliver them up to the consuls or other officer for punishment. And if criminals, subjects of China, take refuge in the houses or on board the vessels of citizens of the United States, they shall not be harbored or concealed, but shall be delivered up to justice on due requisition by the Chinese local officers, addressed to those of the United States. The merchants, sdamen, and other citizens of the United States shall be under the superintendence of the appropriate officers of their government. If individuals of either nation commit acts of violence br disorder, use arms to the injury of others, or create disturbances endangering life, the officers of the two governments -will exert themselves to enforce order and to maintain the public peace, by doing impartial justice in the premises. ARTIoLE XIX. Whenever a merchant vessel belonging to the United Same subject. States shall cast anchor in either of the said ports, the supercargo, master, or consignee, shall, within forty-eight hours, deposit the ship's papers in the hands of the consul or person charged with his functions, who shall cause to be communicated to the superintendent of customs a true- report of the name and tonnage of such vessel, the number of her crew, and the nature of her cargo, which being done, he shall give a permit for her discharge. And'the master, supercargo, or consigneeo if he proceed to Pageygorf discharge the carg without such permit, shall incur a fine of five hundred chag a dollars, and the goods so diseharged without permit shall be subject to Without P"mt forfeiture to the Chinese government. But if a master of any vessel in port desire to discharge a part only of the carg6, it shall be lawful for him to do so, paying duty on such part only, and to proceed with the remainder to any other ports. Or, if the master so desire, he may, within fortyeight hours after the arrival of the vessel, but not, later, decide to depart without breaking bulk. in which ease hshall not be subject to pay ton.
VOL. XI. TAT.--182

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18 1858.

after the expiration of the said forty-eight hours. In ease of the absence of the consul or person charged with his functions, the captain or supercargo of the vessel may have recourse to the -consul of a .friendly power, or, if he please, directly to the superintendent of customs, who shall do all that is required to conduct the ship's business. Provisions as to ATicLz XK. The superintendent of customs, in order to the collec. collection of du- tion of the proper duties, shall, on application made to him through the ties. consul, appoint suitable officers, who shall proceed,'in the presence of the captain, supercargo, or consignee, to make a just and fair examination of all goods in the act of being discharged for importation or laden for exportation on bgard any merchant vessel of the United States. And if disputes occur in regard to the value of goods subject to ad valorem duty, or in regard to the amount of tare, and the same cannot be satisfactorily arranged by the parties, the question may, within twenty-four hours, and not afterwards, be referred to the said consul to adjust with the superintendent of customs. as to reftpor- ARuTOL- X.XL Citizens of the United States who may have imported taton of mer- merchandise into any of-the free ports of China, and paid the duty thereon, Ohudise. if they desire to retexport the same in part or in whole to any other of the, said ports, shall be entitled to make application, through their consul, to the superintendent of customs, who, in order to prevent fraud on the revenue, shall cause examination to be made, by suitable officers, to see that the duties paid on such goods as are entered on the custom-house books correspond with the representation made, and that the goods remain with their original marks unchanged, and shall then make a memorandam in the port clearance of the goods and the amount of duties paid on the same, and deliver the same to the merchant, and shall also certify the facts to the officers of -customs of the other ports; all which being done on the arrival in port of the vessel in which correspond, she shafl be everything being found, on examination there; tothe goods are laden, andpermitted to break bulk and land the said goods without being subject to the payment of any additional duty thereon. But if on such examination, the superintendent of customs shall detect any fraud on the revenue in the case, then the goods shall be subject to forfeiture and confiscation to the Chinese governof foreign rain ment. Foreign grain or rice brought into any prt of China in a ship of or rice. the United States, and not lauded, may be redxported without hindrance. Duties when ARTICLE X The tonnage duty on vessels of the United States and how to be shall be paid on their being admitted to entry. Duties of import shall be paid. paid on the discharge of the goods, and duties of export on the lading of the same. When all such duties shall have been' paid, and not before, the collector of customs shall give a port clearance, and the consul s return the ship's papers. The duties shall be paid to the shrooFf author*land by the Chinese government to receive the same. Duties shall be paid and received, either in syce silver orin foreign money, at the rate of Respoaiblty and day. If dues consul permits a ship held responsible therefor.. duties the tonnage the are paid, he shall be to leave the port before the of consul Transshipment ARTICLZ XXIL Wien goods on board any merchant vessel of the of goods. United States in prt require to be transshipped to another vessel, application shall be made to the cobsul, who shall certify what is the occasion therefor to the superintendent of customs, who may appoint officers to examine into the facts and permit the transshipment. And if any goods be transshipped without writen permits they shall be subject to be forfeited to the Chinese government. II Debe, how ARTIOCLr XXIV. Where there are debts due by subjects of Chin to msybecolleOted. citizens of the United States, the latter may seek redress in law; and, on suitable.representations being made to the local authorities, through the

when dUe.

Toun

nage or other duties or charges until, on his arrival at another port, he shall proceed to discharge cargo, when he shall pay the duties on vessel duties and cargo, aecording to law. And the tonnage duties shall be held due

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18, 1858.

1029

consul, they will cause due examination in the premises, and take proper steps to compel satisfacin And if citizens of the United States be indebted to subjects of China, the latter may seek redress by representation through the consul, or by suit in the consular court; but neither government will hold itself responsible for such debts. ARTICLE XXV. It shall be lawful for the officers or citizens of the and to assist in literary labors ; and the persons so employed shall not for that cause be subject to any injury on the part either of the government or of individuals; and it shall in like manner be lawful for citizens of the

Scholars msy

United States to employ scholars and people of any part of China, with- books preedd out distinction of persons, to teach any of the lagages of the empire, in hina.

United States to purchase all'mapner of books in China. ARTICLE XXVI. Relations of peace and amity between the United Tradewith the States and China being established by this treaty, and the vessels of the Uniote hindted United States being admitted to trade freely to and from the ports of w between China open to foreign commerce, it is further agreed that, in case at any China and other time hereafter China should be at war with any foreign nation whatever, powes. and should for that cause exclude such nation from entering her ports, still the vessels of the United States shall not the less continue to pursue their commerce in freedom and security, and to transport goods to and from the ports of the belligerent powers, 6A retpect being paid tQ the neutrality of the flag of the United States: provided, that the said flig shall not protect vessels engaged in the transportation of officers or soldiers in the enemy's set'vice, nor shall said flag be fraudulently used to enable the enemy's ships, with their cargoes, to enter the ports of China; but all such vessels so offending shall be subject to forfeiture and confiscation to the Chinese government. RTICLE XXVIL All questions in regard to rights, whether of prop- Jurisdiction of erty or person, arising between citizens of the United States in Chins, en ee m ) ntI, i shall be subject to the jurisdiction and regulated by the authorities of their owit government; and all controversies occurring in China between citizens of the United States and the subjects of any other government shall be regulated by the treaties existing between tle United States and such governments, respectively, without interference on the part of China. ARTICLE9 XXVIIL If citizens of the United States have special ooesion to address any conmmunication to the Chinese local officers of govern- 1e of the ment, they shall submit the same to their consul or other officer, to deter- United States and mine if the language be proper and respectful, and the matter just and Chineselocalomright, in which event he shall transmit the same to the appropriate author- c-ities for their consideration and action in the premises. If subjects of China have occasion to address the consul of the United States, they may a ress him directly at the same time they inform their own officers, rep -- fisenting the case fir his consideration and action in the premises; and if controversies arise between citizens of the United States and subjects of outrovenstes China, which cannot be lanicably settled otherwise, the same shall be excitizens Of amined and decided comformably to justice and equity by the public offi- the United States cers of the two nations, acting in conjunction. The extortion of illegal how to be settled. fees is expressly prohibited. Any peaceable persons are allowed to enter the court in order to interpret, lest injustice be done. ASTICLE- XXI The principles of the Christian religion, as professed Toleration of by the Protestant and Roman Catholic churches, are recognised as teach. Ing men to do good, and to do to others as they would have others do to them. Hereafter those who quietly profess and teach these doctrines shall not be harassed or persecuted on account of their faith. .Any person, whether citizen of the United States or Chinese convert, who, according to these tenets, peaceably teach and practice the principles of Christianity, shall in no case be interfered with or molested. A3TICLE XXX. The contracting parties hereby agree that should at United States any time the Ta-Tsing Empire grant to any nation, or the merchants or to have the privi-

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1#SO.TREATY WZTH dMIA. 7m 18, 1858.
the most citizens of any nation, any right, privilege, or favor, connected either with navigation, commerce, political or other intercourse, which is not conferred by this treaty, such right, privileg6, and favor shall at once freely enure to the benefit of the United States, its public officers, merchants, and cit. izen,. The present treaty of peace, amity, and commerce shall be ratified by Provt8=os 89 toratification. the President of the United States, by and with the advice and consent
clio

Siag

e

of the Senate, within one year, or sooner, if possible, and by the august Sovereign of the Ta-Taing Empire forthwith; and the ratificatipns shall be exchanged within one year from the date of the signatures thereof. In faith whereof, we, the respective plenipotentiaries of the United States of America and of the Ta-Tsing Empire, as aforesaid, have signed and sealed these presents. Done at Tientsin this eighteenth day of June, in the year of our Lord one thousand eight hundred and fifty-eight, and the independence of the United States of America the eighty-second, and in the eighth year of Hienfung, fifth month, and eighth day. WILLIAM B. REED,[L ) KWEILIANG, [ . s.J
HWASHANA.

Ratifcation
pnrlmano,

And whereas the said treaty has been duly ratified on both parts, and the respective ratifications of the same have been exchanged:
Now, therefore, be it known that I, JAMES BUCHANAN, President

Jausry8 tu. of the United States of America, have caused the said treaty to be made public, to the end that the same, and every clause and article thereof, rsy.be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand and caused the Vel of the United States to be affixed. Done at the City of Washington, this twenty-sixth day of January, in the year of our Lord one thousand eight hundred and [L. e.] sixty, and of the independence of the United States the eighty-fourth. JAMES BUCHANAN. By the President:
LEWIS CAss,

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&ca"l &at&. of

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TREATY WITH THE MENIDAWAXATN

.

SIOUX, JrN 19t,185& 1081

2Veaty between do United Slate and Me Mnda uakqnton and Wakpakoota .Bands of Dakota or Sioux flWbe of Lndians. Ooneluded at Washington, Tne 19, 1858. Raified /the Senate March 9, 1859. Proclaimed &j the Preuide* of the MAited Sat., March 81, 1859.

'JAMES BUCHANAN,
PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALL AND SWINGULA TO WHOM TR3SU PRESENT8 SHALL COM, GRBETING: JUne 19, ISS.

Wirza.s, a treaty was made and concluded at the city of Washing-

Preamble.

ton, on the nineteenth day of June, one thousand eight hundred and fifty-. eight, by Charles E. Mix, commissioner on the part of the United States, and the following named chiefs and headmen of the Meudawakanton and Wahpakoota bands of the Dakota or Sioux tribe of Indians, viz.: Wabashaw, Chetanakooamonee, Wasuhiyahidan, Shakopee, Wamindeetonkee, Muzzaojanjan, Tachunrpeemuz-za, Wakinyantowa, Chunrpiyuha, Onkeeterhidan, and Wamouisa, braves, on the part of the Mendawakantons, and Hushawshaw chiefs, and Papa and Tataebomdu, braves, on the part of the Wahpakootas, they being duly anthorized and empowered to act for said bands; which treaty is in the words and figures following, to wit: Articles of agreement and convention made and concluded at the city cathcig of Washington, on the nineteenth day Qf June, one thousand eight hundred parties. and fifty-eight, by Charles E. Mix, commissioner, on the part of the United States, and the following named chiefs and headmen of the Mendawakanton and Wahpakoota bands of the Dakota or Sioux tribe of Indians, viz.: Wabashaw, Chetanakooamonee, Washuhiyahidan, Shakopee Wamindeetonkee, Muzaojanjan, and Makawto, chiefs, and Hinhanduta, Ha-raka-Muzza, Wakanojanjan, Tachunrpee-muz-za, Wakinyantowa, Chunrpiyuha, Onkeeterhidan, and Wa-mouisa, braves, on the part of the Mendawakantons, and Hushawshaw, chief, and Pg-Pa and Tataebomdu, braves, on the part of the Wahpakootas, they being duly authorized and empowered to act for said bands. ARTICLE L It is hereby agreed and stipulated that, as soon as practi- s0 acres of res. to each cable after the ratification of this agreement, so much of that part of the emton to be allotted reservation or tract of land now held and possessed by the Mendawakan- head of a &mily ton and Wahpakoota bands of the Dakota or Sioux Indians, and which is or, &. described in the third article of the treaty made with them on the fifth VoL x. p.95. day of August, one thousand eight hundred and fifty.one, which lies south or southwestwardly of the Minnesota River, shall constitute a reservation for said bands, and shall be surveyed, and eighty acres thereof, as near as may be in conformity with the public surveys, be allotted in severalty to each head of a family, or single person over the age of twenty-one years, in said bands of Indians,said allotments to be so made as to include a proper proportion of timbered land, if the same be prcticble, in each of said allotments. The residue of said part of said reservation not so allotted, Residue to be shall be held by said bands in common, and as other Indian lands are held in common. held: Provided Aoueer, That eighty acres thereof, as near as may be, Furoe Anshall, in like manner ashis or her attaining their allotted tooreach becom-. me... above provided for, be majority, on of the minors of said bands on

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1032 TREATYWITH THE MENDAWAKANTO1N, &c. SIOUX. Juxn 19,145S. ing heads of families by contracting marriage, if neither of the parties shall have previously received land. Expenses of All the necessary expenses of the surveys, and allotments thus prosurvey and allot- vided for, shall be defrayed out of the funds of said bands of Indians in
mentshowborne. the hands of th§ government of the United States. Patents to issue

to them for said business and affairs, the President of the United States may, at his dismeland. tion, cause patents to be issued to them, for the tracts of land allotted to them respectively, in conformity with this article; said tracts to be Lands to be exempt from levy, taxation, sale or forfeiture, until otherwise provided exempt from for by the legislature of the State in which they are situated with the taxes &o. and not to be asnt of Congress; nor shall they be sold or alienated in fee, or be in alienated except, any other manner disposed 4f except to the United States, or to members
5o.

As the members of said bands become capable of managing their

of said bands.

Preamble.

AuTICLB Ir. Whereas by the, treaty with the Mendawakanton and

Wahpakoota bands of Sioux Indians, concluded at Mendota on the fifth day of August 6ne thousand eight hundred and fifty-one, said bands retained for their "future occupancy and home," "to be held by them as Indian lands are held, a tract of country of the average width of ten miles on either side of the Minnesota River," extending om Little Rock River to the Tchatamba and Yellow Medicine Rivers, which land was to "be held by said bands in common." And whereas the Senate of the United States so amended said treaty Amended by the Senate. as to strike therefrom the prevision setting apart said land as a home for said band, and made provision for the payment to said bands "at the rate of ten cents per acre for the lands included in the" said tract so reserved Vol. x. p.9 5. and set apart for the "oc c upancy and home" of said bands, and alvo. provided in addition thereto, that there should be "set apart, by appropriate landmarks and boundaries, such tracts of country without the limits of the cession mide by the first article of the" said treaty as should "be satisfactory for their future occupancy and home," said Senate amendment providing also "that the President may, with the consent of' these Indians, vary the conditions aforesaid, if deemed expedient;" all of which provisions in said amendment were assented to by said Indians. And whereas the President so far varied the conditions of said Senate amendment, as to permit said bands to locate for the time being, upon the tract originally reserved by said bands for a home, and no "tracts of country without the limits of the cession" made in the said treaty has fhavel ever been provided for, or offered to, said bands: Act of 1864, And whereas by the "act making appropriations for the current and oh. 16'. Vol. x. contingent expenses of the Indian department and for fulfilling treaty. P. 826. stipulations with various Indian tribes," approved July 31, 1854, the Preside'nt was authorized to confirm to the Sioux of Minnesota forever, the reserve on the Minnesota River now occupied by them, upon such conditions as he may deem just: And whereas, although the President has not directly confirmed said reserve to said Indians, they claim that as they were entitled to receive "such tracts of country" as should "be satisfactory for their future occupancy and home," and as no such country has been provided for, or offered to, said bands, i# is agreed and stipulated that the question shall Question of be submitted to the Senate for decision whether they have such title; and title of the bands if they have, what compensation shall be made to them for that part of to be submitted said reservation or tract of land lying on the north side of the Minnesota to certain lands
to the Senate,
and what allow-

Provisions of tr tY of August 5th, 186, VoL x. P .

River - whether they shall be allowed a specific sum of money therefor,

an.e to be made and if so, how much; or whether the same shall be sold for their benefit, if decision is in they to receive the proceeds of such sale, deducting the necessary their favor. expenses incident thereto. Such sale, if decided in favor of by the Senate,. shall be made under- and according to regulations to be pre-

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18 1080 All.ON, &o. SIOUX. Jima 1%9 0,

scaibed by the Secretary of the Interior, and in such manner as will secure to them the largest sum it may be practicable to obtain for said land. ARTicLis III. It is also agreed&that if the Senate shall authorize the From Proceeds land designated in article two of this agreement to be sold for the benefit of 8s.1 not over of the said Mendawakanton and Wahpakoota bands, or shall prescribe Pal hlesand an amount to be paid said bands for their interest in said tract, pro- hadmen. vision shall be made by which the chiefs and headmen of said bands may, in their discretion, in open council authorize to be paid out of the proceeds of mid tract, such sum or sums as may be found necessary and proper, not exceeding seventy thousand dollars, to satisfy their just debts and obligations, and to provide goods to be taken by said chiefs and headmen to the said bands upon their return: Proided/oweer, That their said Proviso determinations Mhli be approved by the superintendent of Indian afirs for the northern superintendency fthe he time being, and the said payments be authorized by the Secretary of the Interior.
A ICLEIV. The lands retained and to be held by the members of
Lan& retained

the Mendawakanton and Wahpakoota bands of the Dakota or Sioux under the firt Indians, under and by virtue of the first article of this agreement, shall, deemed an Into all intents and purposes whatever, be deemed and held to be an Indian an reservation.

reservation; and the laws which have been, or may hereafter be enacted by Congress, to regulate trade and intercourse with the Indian tribes, shall have full force and effect over and within the limits of the same; and no person other than the members of the said bands, to be ascertained and defined under such regulations as the Secretary of the- Interior shall prescribe, unless such as may be duly licensed to trade with said bands, or employed for their benefit, or members of the family of such persons, be 1al permitted to reside or make any settlement upon any part of said reservation ; and the timbered land allotted to individuals, and also that reserved for subsequent distribution as provided in the first article of this agreement, shall be free from all trespass, use, or occupation, except as hereinafter provided. ARTICLE V. The United States shal have the right to establish and United States -mintatn maintain upon said reservation such military posts, agencies, schools, mills, m ai.
Posts, shops, roads, and agricultural or mechanical improvements, as may be mlitary

deemed necessary, but no greater quantity of land or timber shall be reservation. taken and used for said purposes than shall he actually requisite therefor. And if in the establishment or maintenance of such posts, agencies, rods Comenaton or other improvements the timber or other property of any individual'da,,r caused Indian shall be taken, injured, or destroyed, just and adequate compen- thery to any sation shall be made therefor by the United States. Roads or highways n authorized by competent authority other than the United States, the lines of which shall lie through said reservation, shall have the right of way through the same, upon the fair and just value of such right being paid to the said Mendawakabton and Wahpakoota bands by the party or parties authorizing or interested in the same, to be assessed and determined in such manner as the Secretary of the Interior shall direct.
AavmIczm VI. The Mendawakanton and Wakpaloota bands of Dakota

The bands to

or Sioux Indians acknowledge their dependence on the government of the Prow" friendly United States, and. do hereby pledge and bind themselves to preserve remors.
friendly relations with the citizens thereof, and to commit no injuries or depredations on their persons or property, nor on those of the members Of any other tribe; bat in case of any such injury or depredation, full dpre flo. compensation shall, as far as practicable be made therefor out of their moneys in the hands of the United States; the amount in all cases to be determined by the Secretary of the Interior. They further pledge them- not to engage .selves not to engage in hostilities with the Indians of any other tribe In hostilities ununless in self-defence, but to submit, through their agent, all matters of loos "

HeinOnline -- 12 Stat. 1033 1855-1863

1084 TREATY WITH THE MENDAWAKANTON, &o. SIOUX. JiNE 19,1858. dispute and difficulty between themselves and other Indians, for the decision of the President of the United States, and to acquiesce in and abide Bads to ur- thereby. They also agree to deliver to the proper officers all persons nuds' efea*es, belonging to their said bands who may becom, offenders against the treaties, laws, or regulations of the United States, or the laws of the State of Minnesota, and to assist in discovering, pursuing, and capturing all such offenders whenever required so to do by such officers, through the agent or other proper officer of the Indian department. Annuities to AinMCLK VII. To aid in preventing the evils of intemperance, it is ithhedrinkingf hereby stipulated that if any of the members of the said Mendawakanton &c., intoxicating and Wahpakoota bands of Sioux Indians shall drink, or procure for liquors, others, intoxicating liquors, their proportion of the annuities of said bands shall, at the discretion of the Secretary of the Interior, be withheld from them for the period of at least one year; and for a violation of any of the stipulations of this agreement on the part of any members of said bands, the persons so offending shall be liable to have their annuities withheld and to be subject to such other punishment as the Secretary of the Interior may prescribe. Secretary of ARTICLE VIII. Such of the stipulations of former treaties as provided Interior to hve or the payment of particular sums of money to the said Mendawakanton discretion over o a.c~r mnyt .esi manner and ob- and Wahpakoota bands, or for the application or expenditure of specific
jeets of annual

amended and changed as to invest the Secretary of the Interior with discretionary power in regard to the manner and objects of the annual expenditure of all such sums or amounts which have accrued and are now due to said bands, together with the amount the said bands shall become annually entitled to under and by virtue of the provisions of this agreement: Provided The said sums or amounts shall be expended for the benefit of said bands at such time or times and in such manner as the said Secretary shall deem best calculated to promote their interests, welfare, and advance in civilization. And it is further agreed, that such change may be made in the stipulations of former treaties which provide for the payment of particular sums for specified purposes, as to permit the chiefs and braves of said bands or any of the subdivisions of said bands, with the sanction of the Secretary of the Interior, to authorize such payment or expenditures of their annuities, or any portion thereof, which are to become due hereafter, as may be deemed best for the general interests and welfare of the said bands or subdivisions thereof. Senate to deATiOL. IX. As the Senate struck from the treaty with the Menda. cide whether wakanton band of Sioux of the twenty-ninth day of'September, one thouio00o sA J. sand eight hundred and thirty-seven, the ninth clause of the second c to A. J article and the whole of the third article of said treaty, which provided Vo.viL pp. for -the payment of 'four hundred and fifty (450) dollars annually, for 688, No. twenty years, to Scott Campbell, and confirmed to the said Scott CAMpbell a title to five hundred (500) acres of land which he then occupied, said payment and land being deemed by said Indians to for" a part of the consideration for which they ceded to the United States a certain tract of land in said treaty specified, which reduction, in the consideration for said land, has never been sanctioned by said Indians, the said Mendawakantons and Wahpakoota bands now request that provision be made for the payment of the sum of ten thousand (10,000) dollars to A. J. Campbell, the son of said Scott Campbell, now deceased, in full consllertion of the money stipulated to be paid and land confirmed to said Scott Campbell in the original draft of said treaty aforesaid; which subject is hereby submitted to the Senate for its favorable consideration. United States ANTIOLD X. The expenses attending the negotiation of this agreement of Imy "Im shall be defrayed by the United States.

expenditure,

amounts for particular objects or purposes, shall be, and hereby are, so

HeinOnline -- 12 Stat. 1034 1855-1863

TREATY WITH THE MENDAWAXANTO)1, &o. SIOUX. JUNE 19,1858. 1085 In testimony whereof, the said Charles R. M Commissioner, as aforeSntures,
IS,

said, and the undersigned chiefs and headmen of the said Mendawakanton and Walipakoota bands, have hereunto set their hands and seals at the place and on the day first above written. CHARLES E. MIX, Cbmmisioner, [L. s.] WA-BASH-AW, CHE-TAN-A-KOO-A-MO-NEE, WA-SU-HI-YA-HI-DAN, SHA-KO-PEE, (Six,) WA-MIN-DEE-TON-KEE, his x mark. Orow,) his x mark. his x mark. his x mark. r (Large War Eagl ) (Little [I. 8.)
[LS1

.
L..

huis x mark.

8" his x mark. "L. MUZ-ZA-O-JAN-JAN, (Iron Light,) his x mark. ..a. MA-KAW-TO, (Blue Earth,) his x mark. . . HU-SHAW-SHAW, (Red Legs,) his x mark. L.. HIN-HAN-DU-TA, (Scarlet Owl,) his x mark. 'L. U. HA-RAKA-MUZ-ZA, (Iron Elk,) his x mark. 'L. s. WU-KA-NO-JAN-JAN, (Medicine Light,) TA-CHUNB-PEE-MUZZA, (His Iron War Club,) his x mark. "L. s.' 6. WA-KIN-YAN-TO-WA, (Owns the Thunder,) his x mark. "L. L. 8. his x mark. CHUNR-PI-YOU-HA, (Has a War Club,) his x mark.' 'L. 8. ON-KEE-TER-HI-DAN, (Little Whale,) s.' his x mark. "L. WA-MO-U-I-SA, (The Thief,) L. 5. his x mark. PA-PA, (Sharp,) his x mark. L. B. TA-TA-I-BOM-DU, (Scattering Wind,)

Signed, sealed and delivered in presence ofoitux Aget, JoswEr R. BROW,
A. J. CAMPBELL, .&*Bptd?,

N. R. BRowN, A. ROBEETSON,
JomN DowLING,

JAxus R. Rocw, B. D. HTAu, H. J. Kym13:, Taos. A. RozmaTSOzN,
FE. ScmmT.

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 ninth day of March, one thousand eight hundred and fifty-nine, advise ind consent to the ratification of the same by a resolution in the words and figures following, to wit: "IN EXEovTr1V SEsSIoN, NSsxAm Ow THE UNrrD STATES, March 9, 1859. (two thirds of the senators present concurring,) That the "leo Senate advise and consent to the ratification of the articles of agreement and convention made and concluded on the 19th day of June, 1858, with the Mendawakanton and Wahpakoota bands of the Dakota or Sioux Indians. "ASBURY DICKINS, cretw "Attest: Now, therefore, be it known that I, JAW S BUCHANAN, President of the United States of America, do, in pursuance of the advice and consent of the Senate, as expressed in their resolution of March the ninth, one thousand eight hundred and fifty-nine, acept, ratify, and confirm said v sty.
YoL. XnI. TREAT.-188

Omot of

ProclmatioN ,15. 1h

HeinOnline -- 12 Stat. 1035 1855-1863

loss TREA

wrTiEmmiwAxATT,

to. Simu

zmti 19, li4

In testimony whereof, I have cinsed the seil of the United States to be hereto aflixed, having signed the same with my hand. Done at the city of Washington, this thirty-first day of Marsh, in the year of our Lord one thousand eight hundred and ['BAL.] My-nine, and of the indepeidence of the United States the

eight.ythird.

JAIMS BUCHANAN.

By the President:

Lswres CAs, &a"

of Stot

HeinOnline -- 12 Stat. 1036 1855-1863

TREA'

WITH THE SISBTON, &a, SioUx. "rXI9E .I8

1087

~i & an~ d the Aseelois and Wakpaon Band. ei 2lwat ~ &ewsth Ud of heDaktaorSioux flWhe of Imdiat.. Conclded at Washinsgton, Ji-. 19, 1858..atified by Ih Senate, March 9, 1859. Pocaied bythe Preuident of te United Ses, .March 81, 1859.

JAMES BUCHANAN,
PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALM AND SINGULAR TO WHOM TNKSZ PR=zsm $HALL 0OZ, GRETING: June 19,1858.

Wmmzuh a treaty was made and concluded, at the cty of Washing- Premnble. ton, on the nineteenth day of June, one thousand eight hundred and fiftyeight, by Charles . Mix, Commissioner on the part of the United States, and the following named chiefs and headmen of the Siseeton and Wabpaton bands of the Dakota or Sioux tribe of Indians, viz.: Maz-zah-shaw, Wamdupidutah, Ojupi, and HahutanaL, on the part of the Sisseetons, and Maz-zomauee, Muz-zakoote-manee, Upiyahideyaw, Umpedutokeehaw, and Tachandupahotanka, on the part of the Wahpatons, they being duly authorized and empowered to act for said bands, which treaty is in the words and figures following, to wit: Articles of agreement and convention made and concluded at the city Contraetu of Washington, on the nineteenth day of June, one thousand eight hun- parties. dred and ffty-eight, by Charles E. Mix, Commissioner on the part of the United States, and the following named chiefs and headmen of the Sisseeton and Wahpaton bands of the Dakota or Sioux tribe of Indians, viz.: Maz-zah-shaw, Wamdupidutah, Ojupi, and Hahutanai, on the part of the Sisseetons, and Maz-zomanee, Muz-zakoote-manee, Upiyahideyaw, Umpedutokechaw, and Tachandupabotanka, on the part of the Wahpatons, they being duly authorized and empowered to act for said bands. ATrIC~z L It is hereby agreed and stipulated that, as soon as practi- 80 acres ofrervatin to cable after the ratification of this agreement, so much of that part of the allotted eachbe reservation or tract of land now held and possessed by the Sisseeton and head of a family Wahpaton bands of the Dakota or Sioux Indians, and which is described or, &e. in the third article of the treaty made with them on the twenty-third day VoL x. p.901 of July, one thousand eight hundred and fifty-one, which lies south or southwestwardly of the Minnesota River, shall constitute a reservation for safd bands, and shall be surveyed, and eighty acres thereof, as near as may be in conformity with the public surveys, be allotted in severalty to each head of a family or single person over the age of twenty-one years, in said bands of Indians; said allotments to be so made as to include a proper proportion of timbered land, if the same be practicable, in each of said allotments. The residue of said part of said reservation not so Residue to be allotted shall be held by said bands in common, and as other Indian lands held in comm. are held: Provided, however, That eighty acres thereof, as near as may be, shall in like manner, as above provided for, be allotted to each of the Jrtheralotminors of said bands on his or her attaining their majority, or on becom-me. ing heads of families, by contracting marriage, if neither of the parties shall have previously reeeived land. All the necessary expenses of the ExPOdS"Of surveys and allotments thus provided for shall be defrayed out of the ?vea how funds of said bands of Indians in the hands of the government of the borne. United States. As the members of said bands become capable of managing their busi- Patets to Is' ness and aftairs, the President of the United States may at his discretion said lands.

HeinOnline -- 12 Stat. 1037 1855-1863

108,

TREATY WITH THE SISSEETON, &a.) SIOUX. Jmw

19, 185&

cause patents to be issued to them for the tracts of land allotted to' them respectively, in conformity with this article; said tracts to be exempt from levy, taxation, sale, or forfeiture, until otherwise provided for by the legislature of the State in which they are situated, with the assent of Congress; nor shall they be sold or alienated in fee, or be in any other manner disposed of, except to the United States or to members of said bands. ARTICLE IM Whereas, by the treaty with the Sisseeton and Wahpaton Preamble. Provisions of bands of Sioux Indians, concluded at Traverse des Sioux on the twentytreaty of July third day of July, one thousand eight hundred and fifty-one, said bands 1li 1861. retained for their "future occupancy and home," "to be held by them as Vot x. p. 949. Indian lands are held, all that tract of country on the Minnesota River, from the western boundary" of the cession therein made "east to the Tcha-tam-ba River on the north, and to the Yellow Medicine River on the south side, to extend on each side a distance of not less than ten miles from, the general course of said Minnesota River;" And whereas the Senate of the United States.so amended said treaty as Amended by the Semate. to strike therefrom the provision setting apart the said land as a home for Vol. p, 96. said bands, and made provision for the payment to said bands, "at the rate of ten cents per acre, for the land included in the said-tract so retained and set apart for the occupancy and home" of said bands, and also provided, in addition thereto, that there should be "set apart by appropriate landmarks and boundaries such tracts of country without the limits of the cession made by the first article of the said treaty as shall be satisfaotory for their future occupancy and home;" said Senate amendment providing also "that the President may, with the consent of these Indians, vary the conditions aforesaid, if deemed expedient;" all of which proyi-., ions in said amendment were assented to by said Indians; And whereas the President so far varied the conditions of said Senate said bands to locate for the time being of counamendment as to permit by said bands for a home, and "no tractupon the. tract originally reserved try, without the limits of the cession" made in .the said treaty, has ever been provided for or offered to said bands ; And whereas, by the act making appropriations for the current and Provillonsof act of 1864, oh. Contingent expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, approved July 81, l854, the Pres161. ident was authorized to confirm to the Sioux of Minnesota, forever, the VoL x. p. Lad.- tO.be :==!=fto be sluenated, exsept, Ue. reserve on the Minnesota River now occupied by them, upon such conditions as he may deem just ;" And whereas, although the President has not directly confirmed said. reserve to said Indians, they claim that, as they were entitled to receive "such tractm of country" as should "be satisfactory for their future occupancy and home," and as no other country than this reservation was ever

provided for or offered to them, and as valuable improvements have been
made on said reservation with the moneys belonging to said band it is agreed and stipulated that the question shall be submitted to the Senate Question of for decision whether they have such title, and if they have, what compentitle or the bands sation shall be made to them for that part of said reservation or tract of land lying on the north side of the Minnesota River; whether they shall to bersubi to the Senateand be allowed a specific sum of money therefor, Vnd if so, how much; or what allowanc1 whether the same shall be sold for their benefit, they to receive the pro. is to be madeWw t.e do. do1, 1, ceeds of such sale, deducting the necessary expenses incident thereto. Such sale, if decided in favor of by the Senate, shall be made under and their favor. according to regulations to be prescribed by the Secretary of the Interior, and in such manner as will secure to them the largest sum it may be practicable to obtain for said land. ARTICLE IIL It is also agreed that if the Senate shall authorize the F- ma roceed of sale, not over land designated in article two of this agreement to be sold for the benefit of the said Siweeton and Wahpaton bands, or shall prescribe an amount $70,000 to be

HeinOnline -- 12 Stat. 1038 1855-1863

TREATY WITH THE SISSEETON &O., SIOUX.' Jui

19,1858.

1689

to be paid'to said bands for their interest in said tract, provision shall be daf .nade by which the chiefs and headmen of said bands may, in their dise cretion, in open council, authorize to be paid out of the proceeds of said tract such sum or sums as may be found necessary and proper, not exceeding seventy thousand dollars, to satisfy their just debts and obligations, and to provide goods to be taken by said chiefs and headmen to the said bands on their return: Provided, however, That their said determinations Proviso. shall be approved by the superintendent of Indian affairs for the northern superintendency for the time being and the said payments be authorized by AxrxciL IV. The lands retained and to be held by the members of the Lads retained the Secretary of the Interior. Siseeon ndWshpaton bands of Dakota or Sioux Indians, under and by under the lint Sissetonandarticle to be virtue whatever be deemedof this agreement, shall, to reservation, and pur- deemed an Iof the first article and held to be an Indian all intents and the dlan reetion. poses
laws which have been or may hereafter be enacted by Congress to regulate trade and intercourse with the Indian

tribes, shall have full force and effect over and within the limits of the same; and no person other than
the-members of said bands, to be ascertained and defined under such regefit, or members of the family of such persons--sal

ulations as the Secretary of the Interior shall prescribe-unless such as may be duly lcensd to trade with said bands, or employed for then" benreside or make any settlement upon any part of said reservation; and the timbered land allotted to individuals, and also that reserved for subsequent distribution, as provided in the first article of this agreement, shall be free from all trespass, use or occupation, except as hereinafter provided. ARtThCm V. eresevto uhmltary o pfteItr right to establish and United Sttes mlaitiuon sai The United States shall have the aeds-ml such mals ts shops, roads, and agricultural or mechanical improvements as may be road, i.., In deemed necessary; but no greater quantity of land or timber shall ber val . taken and eed for said purposes than shall be actually requisite theoer. t And if in the establishment or maintenance of such posts, agencies, roas, oOmeftlo 1 or other improvements,t e timber or other property of any individual daaeaused Indian shall be taken, injured, or destre ut an adequate a fompensa- to any thery tion shall be made therefor by the United States.r oads vd.hghwap or authorized by competent anthority other than the United States, the lines of which shall lie through said reservation, shall have the right of" way through the same upon the fair and just value of such right being paid to the said Sisseeton and Wahpaton hands by the party or parties athoriing or interested in the same, to be assessd and determined in such be permitted to

manner as the Secretary of the Interior shall direct AanCl VL The Sisseeton and Wahpaton bands of Dakota or Sioux The band to Indians acknowledge their dependence on the government of the United S s Rwndly States, and do hereby pledge and bind themselves to ptaerve endlyres relations with the citizens thereof, and to commit no injuries or depredations on their persons or property, nor on those of the members of any other tribe; but in case ofany such injury or depredation, full comper- to lay for deation shall,of the United States, be made therefor out of their moneys in pr~um tie hands as far as practicable, the amount in all cases to be determined by the Secretary of the Interior. They furtherpledge themslves not to engage in hostilities with the Indians of any other tribe, unless in selon . eUt defence, but to submit, through their agent, all matters of dispute and eet ly dificlty between, themselves and other Indians for the decision of the President of the United States, and to acquiesce in and abide thereby. They also agree to deliver to the proper officers all pers embelongingany to eder to their said bands who may become offenders against the treaties, laws, ore Wderegulations of the United States, or the ao f the State of Minnesota, and to assist in discovering, pursuing, and capturing all such offenders whenever required so to do by such oiers, through the agent or other proper ofer of the Indian department.

HeinOnline -- 12 Stat. 1039 1855-1863

1040

TREATY WITH THE SISSEETON, &C, SIOU.

JrN 19,o158..

beAnnuities front ARTIOLE VIL To aid in preventing the evils of intemperance, it is withheld to thoe drinking, hereby stipulated that if any of the members of the said Sisseeton and &c., Intoiatfing Wahpaton bands of Sioux Indians shall drink or procure for others intoxliquors.

icating liquors, their proportion of the annuities of said bands shall, at the discretion of the. Secretary of the Interior, be withheld from them for the period of at least one year; and for a violation of any of the stipulations of this agreement on the part of any member of said bands, the persons so offending shall be liable to have their annuities withheld, and to be subjec to such other punishment as the Secretary of the Interior may prescribe. Membess of ARTILOE VIII. Any members of said Sisseeton and Wahpaton bands the bands may who may be desirous of dissolving their tribal connection and obligations, dissolve Uib wnnedons, &c.and of locating beyond the limits of the reservation provided for said bands, shall have the privilege of so doing, by notifying the United the limits of said reservation; shall be vested with all the rights, privileges, and immunities, and be subject to all the laws, obligations, and duties, of citizens of the United S:ates ; but such procedure shall work no forfeiture on their part of the right to share in the annuities of said bands. Secretary of ARTICL IX. Such of the stipulations of former treaties as provide for Intert o to%"SStepyen uso o the payment of particular sums of money to.the said Sisseeton and discretion ova mer and ob- Wahpaton bands, or for the application or expenditure of specific amounts jects of annual for particular objects or purposes, shall be, and hereby are, so amended expenditure. and changed as to invest the Secretary of the Interior with discretionary power in regard to the manner and objects of the annual expenditure of all such sums or amounts which have accrued and are now due to said bands, together with the amount the said bands shall become annually entitled to under and by virtue of the provisions of this agreement: States agent of such intention, and making an actual settlement beyond

advance in civilization. And it is further agreed that such change may be made in the stipulations of former treaties, which provide for the payment of particular sums for specified purposes, as to permit the chiefs and braves of said bands, or any of the subdivisions of said bands, with the sanction of the Secrftany of the Interior, to authorize such payment or expenditure of their annuities, or any portion thereof, which are to become due hereafter, as may be deemed best for the eneral interests and welfare of the said bands or subdivisions thereoE United States ARTI CLE X. The expenses attending the negotiation of this agreement to pay expnse shall be defrayed by the United States. ornegot ao In testimony whereof, the said Charles E. Mix, Commissioner, as aforeSkfuetga said, and the undersigned chiefs and headmen of the said Sisseeton and Wahpaton bands, have hereunto set their hands and seals at the place and on the day firpt above written.

rovidd, The said sums or amounts shall be expended for the benefit of said bands at- such time or times and in such manner as the said Secretary shall deem best calculated to promote their interests, welfare, and

CHARLES E. MIX, C'ommissioner. [sEAL.] MUZ-ZAH-SHAW, (Red Iron,) I this x mark." [msz.]
his x mark. his x mark. his x mark. [aw,.] =r. sAL.j lew.] [sEAL.] AnZ.1 WAM-DU-PI-DU-TAH, (War Eagle's Scarlet Tail,) OJUPI, (The Planter,) HA-HU-TA-NAI, (The Stumpy Horn,)

MAZ-Z-MA-NEE, (Walking Iron,)
MAZ-ZA-KOOTE-MANEE, (Shoots Iron as he Walks,) UPI-YA-HI-DE-YAW, (Chiefof Laoe qi Ne,)

his x mark.
his x mark. his X maLrk.

UMPE-DU-TO-KE-CHAW, (Other Day,)

his x mark.' Csn"x.J

HeinOnline -- 12 Stat. 1040 1855-1863

TREATY WITH THE SISSEETON, &., SIOUX- - Jmii 19, 1858. TA-CHAN-DU-PA-HO-TAN-KA, (His Pipe with Strong Voice,) Signed, sealed and delivered in presence ofJoSezP R. BROWN, &ots .gea A. J. CAj-BULL, k. 7 per,
A. ROBErSON,

1041

his x mark. [szL.]

Jomf DoWLncG,
N. R. BROWN, FeTWDRO SomID, M. SMTsER, B. D. HTAXa, P. F. WOOD, CRLES CRAWFORD,

JAMS R. BOoIM. And whereas dl, on 9,1 the United States for its constitutional action thereon, the Senate the ninth day of March, one thousand eight hundred and fifty-nine, advise and consent to the ratification of its articles by a resolution in the words and figures following, to wit:
"I ExzVUiYE SESSIoN, "SrAz oF TIM UNrrD STATEs, March 9, 1859.

the said treaty having been submitted to the Senate of

Conaten af

m

(two thirds of the senators present concurring,) That the ".Rewov, Senate advise and consent to the ratification of the articles of agreement
,and convention made and concluded on the 19th day of June, 1858, with the Sisseeton and Wahpaton bands of the Dakotah or Sioux Indians.

"Attest:

OASBURY DICKIN,%

rew .!

ia ti, Now, therefore, be it known that I, JAMES BUCHANAN, President 9. 831, of the United States of America, do, in pursuance of the advice and con- March sent of the Senate, as expressed in their resolution of March ninth, one thousand eight hundred and fifty-nine, accept, ratify, and confirm said treaty.
In testimony whereo4 I have caused the seal of the United States to be hereto affixed, having signed the same with my hand. Done ai the city of Washington, this thirty-first day of March, in the year of our Lord one thousand eight hundred and ffyCsw&L.] nine, and of the independence of the United States the eightythird. JAMES BUCHANAN. By the President:

Luwis CAAs, Sk&cry of Sdat

HeinOnline -- 12 Stat. 1041 1855-1863

1042

TREATY WITH THE SIOUX, -OF JUNE 19, 1858.

RESOLUTION OF THE SENATE OF THE UNITED STATES. R' At and 7iMl of certan Bands of Sioaw AMan., to lw and miracedin tAe .fnmmeta Biver. 7on I TEM SENATs or Tim UNmIE STATES, Jmwz 27th, 1860. Preamble. Wmuu s by the second articles of the treaties of Jane 19, 1858, with
..Ane, Taie,, the Med-a-wa-kmnton and Wah-pa-koo-ta, and the Sisseeton and Wahpp. 80, 4 pa-ton bands of the Daeotah or Sioux Indians, it is submitted to the

Senate to decide as to the right or title of said bands of Indians to the lands embraced in the reservations occupied by them on"the Minnesota River, in the State of Minnesota, and what compensation shall be made
to them for those portions of said reservations lying on the north side of

Vol. x. p. 967. which they were entitled to under the amendments of the Senate to the

that river, which they agreed by said treaties to surrender and relinquish to the United States; "whether they shall be allowed a specified sum in money therefor, and if so, how much, or whether the same shall be sold for their benefit, they to receive the proceeds of such sale, deducting the necessar expenses incident thereto;" and whereas said Indians were permitted to retain and occupy said reservations in lieu of other lands treaties made with, them ir the year 1851 and large amou~ts of the

money of sai4 Indians have been expended by the government in improvements and otherwise upon the lands contained in said reservations; le5t, eh. 'Or. and whereas by act of Congress of July 81, 1854, said reservations were VoL L. M authorized to be confirmed to those Indians: Right of inResolved, That said Indians possessed a just and valid right and title di allowanoe to to said reservations, and thit they be allowed the sum of thirty cents per and .etrnieud, them. acre for the lands contained in that portion thereof lying on the north side of the Minnesota River, exclusive of the cost of survey and sale, or any contingent expense that may accrue *whatever,which by the treaties of June, 1858, they have relinquished and given up to the United States,settlers in Reo*d fjlw, That all persons who have in good faith settled and /ood faith on said r". ervatlons, may made improvements upon any of the lands contained in said reservations, preept, &a.' believing the same to be government lands, shall have the right of preemption to one hundred and sixty acres therof, to include their improvemeants, on paying the sum of one dollar and twenty-five cents per aerd Proviso. therefor: Provid& That when such settlements have been made on the lands of the Indians on the south side of the Minnesota River, the asqent of the Indians shall first be obtained, in such manner as the Secretary of the Interior shall prescribe, and that the amount which shall be so paid for their lands, shall be paid into the treasury of the United States. Attest: ASBURY DICKINS, &,eta.

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CONVENTION WITH BZLGIUM.

JuLr 17, 1858.

1048

N owm o betem tU Uted Stt of Amwa id HB Hqj y the K nofsthe Bg'an& (onkded at M , .ulj 17, 1858. fd, , -l1 8, 1859. B tiicatio. x d , Ap a 16, 1859. Pro;W,.. 4 a Prdd&ent of do Unitd Sta, Aproi 19, 1859.
BY THE PRESIDENT OF THE UNITED STATES OF A July CERIOA: 17, In&

A PROCLAMATION.
WIMBRAS a convention between the United States of America and his Majesty the King of the Belgians was concluded and signed by their respective plenipotentiaries at Washington, on the 17th day of July last1 which convention, being in the English and French languages, is word for word as follows : p 1 xbie.

The United States of America on the one part, and his Majesty the King of the Belgians on the other part, wishing to regulate in a forml manner their reciprocal relations of commerce and navigation, and further to strengthen, through the development of their interests, respectively, the bonds of friendship and good understanding so happily established between the governments and people of the two countries; and desiring with this view to conclude, by common agreement, a treaty establishing conditions equally advantageous to the commerce and navigation of both States, have to that effect appointed as their plenipotentiaries, namely: The President of the United States, Lewis Cass, Secretary of State of "theUnited States, and his Majesty the King of the Belgians, Mr. Henri Bosch Spencer, decorated with the Cross of Iron, Chevalier of the Order of Leopold, Chevalier of the Polar Star, his Charg6 d'Affairea i4 the United States, who, after having communicated to each other their full powers, ascertained to be in good and proper form, have agreed to and concluded the following articles: ARTICLE I.

Sa Majestd le Rol des Beiges, 0outeut d'une part, et lea Etats-Unis d'Amd, parties rique, d'autre part, voulant rgler d'une manibre formelle lea relations rciproque de commerce et de navigation, et fortifier de pins en plus, par le d6veloppement des intfrcts respectif lee liens d'amitid et de bonne intelligence si heureusement dtablis entre les deux gouvernements et lee deux peuples; duirant, dan ce but, arr~ter do commun accord un trait6 stipulant des conditions dgalement avantageuses au commerce et k Ia navigation des deny 6tats, oat, & cet effet, nomm6 pour leunrs pl~nipotentiaires, savoirSa Majest le Roi des Beiges, le- Negodate. Sieur Henri Bosch Spencer, d6cori de la Croix de Fer, Chevalier de rOrdre Ldopold,Chevalierde l'Etoile Polaire, son Charg6 d'Afaires aux Etats-Unis, et le Prsident des Etats-Unis, Lewis Cass, Seerdtaire d'Etat des Etats-Unis, lesquels, aprbs s'tre ommuniqud leurs pleins pouvoira, trouvds en bonne et due forms, ont arrftd et conclu les articles suivants:

ARTICLE L

There shall be full and entire flree11 y aura pleine et entibre Iibert6 cmmsree mn dom of commerce and navigation de commerce et de navigation entre navgatio VOL. Xn. T3&zAr.-184

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1044
Pt vilemg

CONVENTION WITH BELGIUM.
&o.countries, and the same security and protection which is enjoyed by the citizens or subjects of each country shall be guarantied on both sides. The said inhabitants, whether established or temporarily residing within any ports, cities, or places whatever of the two countries, shall not, on account of their commerce or industry, pay any other or higher duties, taxes, or imposts than those which shall be levied on citizens or subjects of the country in which they may be; and the privileges, immunities, and, other favors, with regard to commerce or industry, enjoyed by the citizens or subjects of one of the two States, shall be common to those of the other.
ARTIOLE IL

JULT 17, 1858.

between the inhabitints of the two lee habitants des deux pays, et la m6me sdeuritd et protection dent jouissent les nationaux, seront garanties des deux parts. Ces habitants ne paieront point, h raison de lenr commerce on de leur industrie, dam les ports, villes, ou lieux quelconques des deux dtats, soit qu'ils s'y dtablissent, soit qu'ils y rdsident temporairement, des droits, taxes, on impts autres on plus 61evda que ceux qui se peroevront sur les nationaux; et les privildges, immunits, et autres faveurs, dont jouissent en matire de commerce on d'industrie les citoyens on sujets de run des deux 6 tats, seront communs i ceux de rautre.

ARTICLE IL

Belgian vessels, whether coming Beigan vessels in the United from a Belgian or a foreign port, States dutisy shall not pay, either on'entering or than, &e. leaving the ports of the United States, whatever may be their destination, any other or higher duties of tonnage, pilotage, anchorage, buoys, light-houses, clearance, brokerage, or generally other charges whatsoever, than are required from vessels of the United States in similar eases. This provision extends not only to duties levied for the beneft of the State, but also to those levied for the benefit of provinces, cities, countries, districts, townships, corporations, or any other division or jurisdiction, whatever may be its designation.
ARTIOLE IIL

Les navires Beiges, venant d'un port Beige on d'un port 6tranger, ne paieront point i leur entr6e dans les ports des Etats-Uns, ou h leur sortie,,-' queue que soit leur destination, d'autres ni de plus forts droits de tonnage, de pilotage, d'ancrage, de balisage, de foux et de fanaux, d'expldition et de courtage, ni g6n6ralement d'autres charges "que celles exig6es des bitiments de rUnion dans los mames ca. Ce qui pr6ce s'entend, non seulement des droits pergus an profit de r6tat,mais encore de tous droits per9us an profit des provinces, villes, arrondissements, communes, juridictions, corporations, etc., sons quelque terms qu'eiles puisent Otre ddsigndes.
ARTICLE IIM

United States In States, whether coming from a port Belgium not to of said States or from a foreign port, pahger
duties

Vessels of the t.

Reciprocally, vessels of the United

shall not pay, either on entering or leaving the ports of Belgium, whatever may be their destination, any other or higher duties of tonnage, pilotage, anchorage, buoys, lighthouses, clearance, brokerage, or generally othercharges whatever, than are required from Belgian vessels in similar cases. This provision extends not only to duties levied for the benefit of the State, but also to

Nciproquement, lee navires des Etats-Unis, venant d'uo port national on d'un port dtranger, ne paieront" point b leur entr6e dana les ports de Belgique o h leur sortie, quelle que soit leur destination, d'autres ni de plus forts droits de tonnage, de pilotage, d'ancrage, de bali6age, de feuX et de finaux, d'exp6dition et de courtage, ni g6ndralement d'autres charges, que celles exig6es des bitiments Beiges dans les mOmes cas. Ce qui prbcbde s'entend non seule. ment des droits pergus an profit de

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CONVENTION WITH BELGIUML those levied for the benefit of provinees, cities, countries, districts, townships, corporations, or any other division or jurisdiction, whatever may be its designation.
ARTICLE IV.

JuLr 17,1858.

1045

rtat,mais encore de tons droits per9us an profit des provinces, villes, arrondissements, communes, juridictions, corporations, etc., sous quelque

termequ'eles puissentetre ddsignes.
ARTICLE IV.

Steaw-vessels of the United States and of Belgium, engaged in regular navigation between the United States and Belgium, shall be exempt in both countries from the payment of duties of tonnage, anchorage, buoys, and light-houses.
ARTIOLE V.

Les bAteaux k vapeur Belges et Steam-vemei des Etats-Unis, fasant un service of both Gountri rgulier de navigation entre is ei& ct . gique et les Etats-Unis, serot exempt4d, dans run et l'antre pays, du

paiement des droits do tonnage, d'ancrage, de balisage, de feux et de fanaux.
ARTICLE V.

As regards the coasting-trade between the ports of either country, the vessels of the two nations shall be treated on both sides on the same footing with the vessels of the most favored nations.
ARTICLE VT.

En co qui coneerne rexereice du Ooeu.ng-w cabotage, (commerce de port b, port,) les navires des deux nations seront traitds, do part et d'antre, gur le m6me pied quo les navires des nations les plus favoris6es.
ARTICLE VI.

Objects of any kind soever introdueod into the ports of either of the two States under the flag of the other, whatever may be their origin and from what country soever the importation thereof may have been made, shall not pay other or higher entrance-duties, nor shall be subjected to other charges or restrictions, than they would pay, or be subjected to, were they imported under the national flag.
ARTICLE VIL

Le objets do toute nature isa- Dutes on same tobethe portds dans les ports de run des seeImported deux dtats, sons pavilion de 'autre, eitherfla6. quelle quo sit leur origine et de quelque pays qu'ait lieu rimport. tion, ne paieront d'autres ni de plus forts droits d'ontrde, et ne seront assuidtis & dfanutres charges on re9dtaient import5# strictions quo 'ils sous pavilion national

L

ARTICOL VIL

Articles of every description exported by Belgian vessels, or by those of the United States of America, from the ports of either country to any country whatsoever, shall be subjected to no other duties or formalities than such as are required for exportation under the flag of the country where the shipment is made.
ARTIOL3 VIIL

Les objets de toute nature quelconque exportds par navires Beiges on par ceux des Etats-Unis d'Amrique des ports de Fun on de l'autre de ces dtats vers queque pays quo ce soit, ne seront assuj6tis k des droits on k des formalitds autres quo ceux exig6s pour rerportation par pavilion national.
ARTICLE VII

Export duties.

All premiums, drawbacks, or other favors of like nature, which may be allowed in the States of either of the contracting parties upon goods imported or exported in national yes-

Los primes, restitutions, an autres prmoiuj faveurs de cette nature, qui pour- drawbacks, ic. ralent 6tre aceorddes dans les 6tat des deux parties contractantes, sur des marchandises importdes on ex-

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1046

CONVENTION WITH BELGIUM. JvT 17, 1858. B shall be likewise, and in the' o same manner, allowed upbn goods imported directly from one of the two countries by its vessels into the other, or exported from one of the two countries by the vessels of the other to any destination whatsoever.
ARTICLE .

portes par des navires- nationaux, serout aussi, et de ]a m6me manibre, accord4es aux marchandises impor. tMes directement de ran des deux pays our ses navires dans rautre, ou exportdes de run des deux pays, par lee navires de rautre, vers quelque destination que ce soit.
ARTICLE

Provlem Uto The preceding article is, however, 1 eat n6nmoins ddrog6 aux dispremius, draw- not to apply to the importation of positions qui pr6cbdent pour l'importo aPPI'), salt, and of the produce of the tation du sel et des produits de In = 5-0sa- national fisheries; each of the two pkche nationale; les deux pays so parties reserving to itself the faculty r6servant la facult6 d'accorder aux of granting special privileges for thp importations de ces articles par importation of those articles under pavilion national des privil6ges spb its own flag. inux.
ARTICLE X.
ARTICLE X.

What to be .s. The high coatracting parties agree teemed De Ia to consider and to treat as Belgian = oft"he vessels, and as vessels of the United United state States, all those which being provided by the competent authority with a passport, sea-letter, or any other sufficient document, shall be recognized, conformably with existing laws, as national vessels in the country to which they respectively belong.
ARTICLE XL
Vernal mat

Les bhates parties contractantes conviennent do eoniddrer et de tralter comme navires Belges, et comme navires des Etats-Unis, tons 4tantpourvus par l'autorit6 eeux qun, comn6tente d'un passeport, d'une lettre de met on de t6ut autre document sufflsant serout, d'apris les lois existantes, reconnus comme nationaux dans le pays auquel ile appartiennent respectivement.
ARTICLE XI.

Belgian vessels and those of the on board, in the ports of both, such parts of their cargoes as may be destined for a foreign country; and such parts shall not be subjected, either while they remain on board or upon regxportation, to any charges whatsoever, other than those for the prevention of smuggling.
ARTICLE XIL

retan car"oe on United States may, conformably with Etats-Unis pourront, conform~ment their prTso? board, whien, &Z.the laws of the two countries, retain aux loix des deux pays, conserver h

Les navires Boges et eeux des

leur bord, dans les ports do run et de rautrd itat, lee parties de cargalson qui seralent destin6es pour un pays 6tranger; et ces parties,pendant leur s6jour h bord, ou lore de leur rd-exportation, ne seront atreintes h aucuns droits quelconques, autres quo ceux de surveillance.
ARTICXL XIL

Provisions as During the period allowed by the to duties on goods laws of the two countries respectivoly

War _oaSd

- for the warehousing of goods, no

duties, other than those of watch and storage, shall be levied upon articles brought from either country into the other while awaiting transit,'reftportation, or entry for consumption. Such goods shall in no case be sub-

Pendant le temps fixd par lee lois des deux pays respectiyement pour rentreposage des narchandises, il no sera pergu anouns droits antres que ceux de garde et d'emmagasinage sur lee objets mportds de run des pays dats l'autre en atendant leur transit, leur rd-exportation on ler rise en consommation. Ces

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CONYBnTON WITH BELGIUM ject to higher warehouse-charges, or to other formalities, than if they had been imported under the fag of the Country.
ARTIOLI im.

JuLT 17, 1858.

1047

objets, dans aucun cas, ne paieront de plus forts droits d'entrepdt et ne seront assujdtis A d'autres formalit6s que s'ls avaient dt6 import6s par pavilion national.
&ARTIOLZ XI

In all that relates to duties of customs and navigation, the two high contracting parties promise, reciprocally, not to grant any favor, privilege, or immunity to any other State which shall not instantly become common to the citizens and subjects of both parties respectively; gratuitously, if the concession or favor to such other State is gratuitous, and on allowing the same compensation, or its equivalent, if the concession is conditional. Neither of the contracting parties shall lay upon goods proceeding from the soil or the industry of the other party, which may be imported into its ports, any other or higher duties \of importation or refxportation than art laid upon the importation or reexportation of similar goods coming from any other foreign country.

Ei tout ee qui conuerne les droits pah State to de douane et de navigation, les deux have privilege hautes parties contractantes se pro- of m"faied a n mettent w6ciproquement de n'ae- ti corder aucune faveur, privilge, op immunit4 & un autre dtat, qui ne soit aussi et h l'instant 6tendu k leurs sujets on citoyens respectifes, gratuitement si Ia concession en favenr de 'antre 6tat eat gratuite, et en dormant is m6me compensation oti r4 ivalent si la concession est conditionelle. Ni l'une ni rautre des parties con- Similar duties tractantes n'imposeront sur les mar- to be laid on eer* tin milar chandises provenant du sol on de g. rindustrie de l'autre partie,qui seront importies dans ses ports, d'autres ni de plus forts droits d'importation ou de r6-exportation, que ceux qui seront impos6s sur l'importation ou la r6-exportation de marchandises similaires provenant do tout autre

pays 6tranger.
AUTICO XIT.
A TIOLD XIV.

In cases of shipwreck, damages at sea, or forced putting in, each party shall afford to the vessels of the other, whether belonging to the State or to individuals, the same assistance and protection, and the same immunities, which would have been granted to its own vessels in similar
ease& AUTICLE XV.

En de uanfag de dommago Pyovwous cas en mer, on de relfiche forc6e, ehaque to help in ship. partie accordem aux navires, soit wree '" de Mdtat on des particuliers de l'autre pays, la m~me assistance et protection et les memes immunit6s que celles qui seraient aecord~es h ses propres navires dans les m~nes cas.
ARTIOLE XV.

It is moreover agreed between 1 eat, en outre, convenu entre les the two contracting parties, that the deux parties contractantes, que les
consuls and vice-consuls of the United consuls et vice consuls des atStates in the ports of Belgium, and Unis dana les ports de Belgique, et reciprocally, the consuls and vice- rdciproquement les consuls at .vice consuls of Belgium in the ports of consuls de Belgique dan lee orts

Privei
COUl.S,

of
ie. .

the United States, shall continue to enjoy all the privileges, protection, and assistance usually granted to them, and which may be necessary for the proper discharge of their functions. The said consuls and vic-consuls may cause to be arrested

des Etats-Unis, continueront &jouir

do tons les privildges et de toute la protection et assistance, qui leur sont ordinairement accord& et qui peuvent Otre n6eessaires pour remphr convenablement leurs fonctions. Lee dits consuls et vice consuls pourront

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1048

CONVIZMON WIT11 BELGIUM. Jurr17, 1858. and sent back, either to their vessels faire arr~ter et renvoyer soit a bordf or to their country, such seamen as soit dana lear pays, les marins qui
may have deserted from the vessels aurnient d6sert6 des bitiments de

Deserters,.

of their nation. To this end they leur nation. A cot effet, ils s'adresshall apply in writing to the compe- seront par 6crit sax autorit6s locales tent local authorities, and they shall comp~tentes et justifleront par l'exprove, by exhibition of the vessel's hibition do r6le d'6quipage ou des

crew-list or other document, or if she shall have departed, by copy of said documents, duly certified by them, that the seamen whom they claim formed part of the said crew, Upon such demand, thus supported, the delivery of the deserters shall not be refused. They shall, moreover, receive all aid ad assistance in searching for, seizing, and arresting such deserters, who shall, upon the requisition and at the expense of the consul or vice-consul, be cbn. fined and kept in the prisons of the country until he shall have found an opportunity for sending them home. If, however, such an opportunity should not occur within three months after the arret, the deserters shall be set at liberty, and shall not again be arrested for the same cause. It is, however, understood that seamen of the country in which the desertion shall occur are excepted from these provisions, unless they be naturalized citizens or subjects of the other country,
ARTICLE~ XVL.

rdgistres do b4timent, o, si le bitiment 6tait pari par copie des dites pibces, dfiment certifide par eox, quo les bommes qu'i]s r6clament faisaient partie do dit 6quipage. Sur cette demande, ainsi justifle, la remise ne pourra leur itre refusee. fl leur sera donn6, de plus, toute aide et assistance pour Ia recherche, saisie, et arrestation des dits d6serteurs, qui seront m me ddtens et gardds dane les prisons do pays, A Ia r6quisition et aux frais du consul on vice consul, jusqu'k ce qu'il alt trouv6 une occasion de les renvoyer -hez eux: Si pourtant cette occasion ne se pr6sentait pas dans un d6lai de trois mois, k compter do jour de l'arrestation, les d6serteurs seront mis en libert6 et pe pourront plus Otre arr~t6s pour Ia m~me cause. V eat entendu, n6anmoius, que les marins do pays oib Ia d~sertion aura lieu sont except6s de Ia pr6sente disposition h moins qu'ils ne soient naturalis& sujets on citoyens de l'autre pays.
, ARTIOLE XV

Thstt duty.

Articles of all kinds, the transt of which is allowed in Belgium, coming from or going to the United States, shall be exempt from all transit duty in Belgium, when the transportation through the Belgian territory is effected on the railroads of the State.
ARTIOLE XVIIL

Les objets de toute bature dont Ie transit eat permis en Belgique, venant des Etats-Unis on exp6di6s vers ce pays, seront exempts do tout droit de transit en Belgique, lorsque le transport sur le territoire Beige se fera pa les chemins do fer do r6tat.
ARTIOLE XVIL

The present treaty shall be in Le pr6sent trait6 sera en vigueur Ths treat to be In force ;or force during ten years from the date pendant dix ans, I dater do jour de ten years, &a. of the exchange of the ratifications, i'(change des ratifications, et au-delk de ce terme, jusqu'A rexpiration de douze mois aprbs que rune des hautes parties contractantes aura annonc6 b rautre son intention d'en faire cesser lea effete; chaeune d'lles reserving to itself the right of mak- so rdservant le droit de faire h ing 'such declaration to the other at rautre une telle d6dlaration b.rexthe end of the ten years above men- piratlon des dix ans sus-tnentiond~s; and until the expiration of twelve months after either of the high contracting parties shall have announced to the other its intention to terminate the operation thereof; each party

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CONVENTION WITH BELGIUM. tioned; and it is agreed that after the expiration of the twelve months of prolongation accorded on both aides, this treaty and all its stipulations shall cease to be in force.
ARTICLZ XVII.

JurY 17,1858.

1"49

et ii eat convenu, qu'aprbs lee douze mois de prolongation, accord& de part et d'autre, ce traiti et toutes lee stipulations qu'Hi renferme cesseront d'6tre obligatoires.
ARTICLE XryII.

This treaty shall be ratified, and the ratifications shall be exchanged at Washington, within the term of nine months after its date, or sooner if possible. In faith whereof, the respective plenipotentiaries have signed the present treaty, in duplicate, and have affixed thereto their seals, at Washington, the seventeenth of July, eighteen hundred and fifi-eight. LEW. CASS. L. a. H. BOSCH SPENCE&. [L. i.]

Ce trait sera ratifiM et les ratifi- Rateattons, cations seront 6ehang es h Washing- Irhn to be ex ton, dans le terme de neuf mois change. aprbs sa date, on plut6t si faire se pent. En foi de quo, les pIdnipotentiaires respectifs ont signd le prdsent traitd par duplicata, et y out appos6 leuis sceaux h Washington, le dixi sept Juillet, mil hit cent cinquante huit. H. BOSCH SPENCER. [L. s.J LEW. CASS. L.

And whereas the said convention has been duly ratified on both parts, Ratficatlons and the respective ratifications of the same were exchanged in the city of exchanged, April Washington, on the 16th instant, by Lewis Case, Secretary of State of the 1, . United States, and Henry W. T. Mali, consul-general of Belgium in the United States, on the part of their respective governments: Now, therefore, be it known that I, JAMES BUCHANAN, President Prockmatoa of the United States of America, have caused the said. convention to be April Ir1859. made public, to the end that the same and every clause and article thereof may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand and cansed the seal of the United States to be affixed. Done in the city of Washington, this nineteenth day of Apu, in the year of our Lord one thousand eight hundred and [su.] fifty-nine, and of the independence of the United Stao the eighty-third.

, JAMES BUOHANN

By the President:
Lzwxs CAss, Scre"j of &at&

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I

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TRE.TY WITH THE EMPIR

OF JAPAN.

Jivr 29,1858.

1061

Za.y between the United Saw of Amemica and the Empire of Jpan. f Yedo, July 29,1858. (Amith and Commove.) Cloncluded at t fat'f by Presidentof ta United tate, April 12,1860. Bxwhanged at City of Washington May 22, 1860. Proldaimed 6y Presidwt of
Uited States, May 28, 1860. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: JnWy2, 1858.

A PROCLAMATION.
WHEREAS a treaty of amity and commerce between the United States and the Empire of Japan was concluded and signed by their respective plenipotentiaries at the City of Yedo, on the twenty-ninth day of July, one thousand eight hundred and fifty-eight, which treaty is word for word is follows:

De President der Vereenigde O nctting The President of the United States of America and his Majesty Staten van Amer" en Zyne M%- parties. the Ty-Coon of Japan, desiring to jesteit do Taikoen van Japan, de establish on firm and lasting founda- nu, gelukkiglyk tussehen beide lantions the relations of peace and den bestaande betrekkingen van friendship now happily existing be- vrede en vriendschap, op vaste en tween the two coantries, and to se- duurzame grondslagen wensohende cure the best interest of their daarte stellen, en do beste belangen respective citizens and subjects by Hunner wederzydshe burgers en encouraging, facilitating, and regu- onderdanen to verzekeren, door lating their industry and trade, have* hunne nyverheid en handel an to resolved to conclude a treaty of moedigen, to vergemakkelyken en amity and commerce for this pur- to regelen, hebben besloten een tracpose, and have, therefore, named as taat van vriendschap en handel tot their plenipotentiaries, that is to dat einde te sluiten, endaartoe als say: The President of the United Hunne Gevolmagtigden benoemd, States, his excellency Townsend to weten: Harris, Consul General of the De President der Vereenigde United States of America for the Staten, Zyne Excellentie Townsend Empire of Japan, and his Majesty Harris, Consul Generaal der Ve. the Ty-Con of Japan, their excel- roenigde Staten van Amerika, voor "lencies Ino-oo-ye, Prince of Sinano, het Japansehe Ryk, en Zyne Majesand Iwasay, Prince of Hego, who, teit de Taikoen van Japan, Hunne after having communicated to each Excellentien Inowoeje, Prinz van other their respective fall powers, Sinano, en Iwasee, Prinz van Hiand found them to be in good and g, die na elkander hunne wederdue form, have agreed upon and zydsche volmagten, te hebben medconcluded the following articles: egedeeld en dezelve in goeden en behoorlyken, vorm bevonden, overeengekomen en gesloten hebben, de
volgende artikelen•
Ur8T ARTKL ARTIOLE L

There shall henceforward be perpetual peace and friendship between the United States of America and his Majesty the Ty-Coon of Japan and his successors.
VOL. xIL TR-AT.-135

Er zal van nu af aan immerdurende vede en vriendschap zyn, tussehen de Vereenigde Staten van Amerika, en Zyne Majesteit den Taikoen van Japan en Hoogstdeszelfs Opvolgers.

Amity, &e.

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1052
Diplomatic states may reside at Yedo, &.

TRRAT" WITH THE EMPMNl
The President of the United States may appoint a diplomatic agent to reside at the city of Yedo, and consuls or consular agents to reside at any or all of the ports in Japan which are opened for American commerce by this treaty. The diplomatic agent and consul-general of the United States shall have the right to travel freely in any part of the empire of Japan from the time they enter on the discharge of their official duties.

OF JAPAN.

TrULY 29, 1858..

The government of Japan may of Japan at wasjgeon. a. appoint a diplomatic agent to reside at Washington, and consuls or consular agents for any or all of the ports of the United States. The diplomatic agent and consul-general of Japan may travel freely in any part of the United States from the time they arrive in the country.

De President der Vereenigde Staten kan een diplomatieken agent benoemen, om in de Stad Jedo verblyf to houden, en consuls, of consulaire agenten, om in eenige of al de, by dit Trataa4,den Ameri. kaanschen handel, opengestelde ha. vens in Japan verblyf to houden De diplomatieke agent en de consu. genernal der Vereenigde Staten, zullen van den tyd af, zy hunue ambts bezigheden beginnen waar to nemen, bet regt hebben van ongehinderd, in eenig gedeelte van hen Japansche ryk to reizen. De Japansche Regering kan een diplomatieken agent benoemen om to Washington verblyf to houden, en consuls, of consulair agenten voor eenige of al do havens der Vereenigde Staten. De diplomaticke agent en de consul gener"l van Japan mogen van den tyd hunner aankomst daar to lande, ongehin. derd in eenig gedeelte der Vereenigde Staten reizen.
TWENID ARTIKUL.

AISTIOLN IL.

aet asmediator. States, at the request of the Ja- Staten wil, op verzoek der Japan-

President win

The President of the United

De President der Vereenigde

vesses, &o., to States shall render friendly aid and
aid Japanese.

United States

panese government, will act as a friendly mediator in such matters of difference as may arise between the government of Japan and any European power.
The ships of war of the United assistance to such Japanese vessels as they may meet on the high seas, so far as can be done without a breach of neutrality; and all American consuls residing at ports visited by Japanese vessels shall also give them such friendyaid as may be permitted by the laws of the respective countries in which they reside.

ache Regering, als vriendschappelyk bemiddelaar handelen, in zulke zaken van verschil, als tusschen de Japansche Regering, en enige Europesche M.genbeid, mogte outstaan. De oorlogschepn der Vereenigde Staten sallen, ann zoodanige Japansche schepen, als zy op de openbare see mogen ontmoeten, vriendschappelyke hulp en bystand verleenen, zoover zulks zonder one breuk van neutraliteit doenbaar is, en alle Amerikaansche consuls, verblyfhoudende in havens, door Japansche schepen aangedaan *ullen ook daaraan zoodanige vriendschappelyke hulp verleenen, als do wetten der respective landen, waar zy ver. blyfhouden veroorloven.
DERDI ARuT~.EL.

ARTIOL

III

ports opened.

Addittenal

In addition to the ports of SimoBy do Havens van Simoda en da and Hakodade, the following Hakodade, zullen do folgende Ha-

ports and towns shall be opened on vens en steden worden gevoegd en the dates respectively appended to open gesteld, op de respectivelyk them, that is to say: Kanagawa, on daarby gevoegde datums, to weten. Kanagawa, den (4 de July, 18-59) the (4th of July, 1859) fourth day

HeinOnline -- 12 Stat. 1052 1855-1863

TREATY WITH THE EMPIEE "OY JAPAN. of July, one thousand eight hundred and fifty-nine; NagasaK, on the (4th of July, 1859) fourth day of July, one thousand eight hundred and fifty-nine; Nee-e-gata, on the (1st of January, 1860) first day of January, one thousand eight hundred and sixty; Hiogo, on the (1st of January, 1868) first day of January, one thousand eight hundred and sixty-three. If Nee-e-gata is found to be unsuitable as a harbor, another port on the west coast of Nipon shall be selected by-the two governments in lieu thereof. Six mouths after the opening of Kanagawa the port of Simoda shall be closed as a place of residence and trade for American citizens. In all the foregoing ports and towns Amerioan citizens may permanently reside; they shall have the right to lease ground, and purchase the buildings thereon, and may erect dwellings and warehouses. Bat no fortification or place of military strength shall be erected under pretence of building dwelling or warehouses; and to see that this article is observed, the Japanese authorities shall have the right to inspect, from time to time, any buildings which are being erected, altered, or repaired. The place which the Americans shall occupy for their buildings, and the harbor regulations, shall be arranged by the American consul and the authorities of each place, and if They cannot agree the matter shall be referred to and settled by the American diplomatik agent and the Japanese government.

JDLY

29, 185M

IM

vierden dag van July, eenduizond acht honderd negen en vyftig. Nagasaki, den (4 de July, 1859) vierden dag van July, eenduizend acht honderd negen en vyftig. Ni-e-gata, den (lste January, 1860) eersten dag van January een duizend acht honderd en zestig. Hiogo, den (late January, 1868) eerten dag van January ecn duizend aoht honderd drie en zestig. Indien Niegata als baven, ongeshikt mogt worden bevonden, zal in de plaats daarvan, cene andere haven, aan de Westkust van Nipon, door beide Regeringen worden uitgekozen. Zes maanden na de openstelling van Kanagawa, sal do Haven van Simoda, als eene plaats van verblyf Amerimm oWtde r
en handel, voor Amerikahnsehe bur- t gers, worden gesloten.
di

No wall, fence, or gate shall be erected by the Japanese around the place of residence of the Americans, or anything .done which may prevent a free egress and ingres to the same. From the (lot of January, 186,) firt day of January, one thousand eight hundred and sixty-two, Amer-

In al de voorgaande havens en Reguatios. steden, mogen Amerikasnsche burgers voortdurend verblyf houden, zy zullen het regt hebben grond to huren en do daarop zynde gebouwen to koopen, en zy mogen woon en pakhuisen oprigten. • Maar geene fortificatlie of plants yan militaire sterkte zal onder voorwendsel van. woon of pakhuizen to bouwen worden opgerigt, en op dat dit artikel worde nagekomen, zullen de Japansehe overheden hot regt hebben, opgerigt, veranderd of hersteld wordende gebouwen van tyd tot tyd na te zien. Do plaet die de Amerikanon veor hunne gebouwen zullen ceuperen en de Haven Regulation zulien doorden Amerikaschen consul en de overheden van iedere plaats worden bepaald, en indien zy niet overeen kunnen komen, zal de zaak worden verwezen &an en geschikt door den Amerikanaschen diplomatieken agent en de Japansche Regoring. Goon maur, schutting of poort, sal door de Japaaners om de verblyfpkats der Amerikanen worden opgerigt, of iets gedaan worden dat de vrye ultgang en ingang tot desolve mogt verhinderen. Van den (isten Janua-y, 1862) eaten dag van January een duizend aoht boaderd twee en zeuv, vulien

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10"4

TRZATY -WITH THE

MP)I

OF 7APA.

Juri 29, 198V

ieans shall be allowed to reside in the city of Yedo; and from the (1st of January, 1868,) first day of January, one thousand eight hundred and sixty-three, in the city of Osaca, for the purposes of trade only. In each of these two cities a suitable place within which they may hire houses, and the distance they may go, shall be arranged by the Ameriean diplomatic agent and the government of Japan. Americans may freely buy from Japanese and sell to them any aties that either may have for sale, without the Intervention of any Japanese officers in such purchase or sale, or in making or receiving payment for the same; and all classes of Japanese may purchase, sell, keep, or use any articles sold to them by the Americanm.

To be made pubio,

Met.

The Japanese government will cause this clause to be made public in every part of the empire as soon as the ratifications of this treaty shall be exchanged. Munitns of Munitions of war shall only be
sold to the Japanese government

ed Se'O"jw J

and foreigners. Rice andwheat No rice or wheat shall be exportSto be exp" ed from Japan as cargo, but all
Americans resident in Japan, and

ft epp.

ships, for their crews and passenshall be furnished with sufficientsupylies of the same. The Japanese government will sell, from time to time at public auction, any surplus quantity of copper that may be produced. Americans residing in Japan shall have the right to employ Japanese as servants or in any other capacity.

do Amerikanen in de Stad Jedo, en van den (Isten January 1863) eersten dag van January, een duizend acht honderd drie en zstig in de Stad Osaca verblyf mogen houden, alleen ten einde handel to dryven. In ieder dezer twee steden, zal eene geschikte plaats, binnen welke zy huizen mogen huren, en den afstand zy mogen gaan, worden bepaald door den Amerlkasnachen diplomatieken agent en de Japansche Regering. Amerikanen mogen ongehinderd van Japanners koopen en an hen verkoopen, artikelen die zy beider.sydsch ten verkoop mogen hebben, sonder de tusschenkomst van Japanshe ambtenaren in zoodanigen koop of verkoop, of in het betalen of betaling ontvangen daarvoor, en alle klassen van Japanners mogen koopen, verkoopen, houden of gobruiken artikelen aan hen, door do Amerikanen verkocht. Zoo spoedig als de ratification van dlit traetaat zullen zyn uitgewisseld, al de Japansche Regering in ieder gedeelte van het Ryk, dezer bepaling openbaarbeid doen geven. Oorlogsbehoeften zullen alleen anu de Japansehe Regering en aan vreemdelingen verkooht worden. Geen ryst of tarwe zal van Japan. als lading worden uitgervoerd ; maar aan alle in Japan verblyfhoudonde Amerikanen, en aan schepen voor derzelver bemanning en pas. sagiers, zal eene genoegzame voorraad daarvan geleverd worden. Elke meer dan noodige hoeveelheld koper, die mogt worden opgeleverd, zal van tyd tot tyd, door de Japansebe Regering in publieke veiling worden verkocht. "De, in Japan verblyf houdende Amerikanen, zullen het regt hebben, Japanners als dienstboden, of in eenige andere hoedanigheid to gebruiken.

ANTIOLN IV.

Duties.

Duties shall be paid to the government of Japan on all goods landed in the country, and on all articles of Japanese production that are exported as cargo, according to the tariff hereunto appended.

Regten zullen worden ,betaald san de Japansehe Regering, op alle en bet Ryk gelande geederen, en op alle, ain Japan voortgebragte artikelen, die als lading, wotdon uitgevoerd volgens het hierby ge-* voegde tasref

HeinOnline -- 12 Stat. 1054 1855-1863

TREATY WITH THE Ei)IR OF JAPAN. JuLT 29, 1858.

lea5

Indien de Japansehe tolbeamten, If the Japanese eustom-house omfers are dissatisfied with the met de door den eigenaar op eenige value placed on any goods by the goederen geplaatste waarde onvolowner, they may place a value daia zyn, mogen zy daaraan eene thereon, and offer to take the goods waarde geven, en aunbieden de at that valuation. If the owner re- goederen volgens doze waardering iuses to "accept the offer, he shall te nemen. By weigering van den pay duty on such valuation. If the eigenar om het eanbod ann to nooffer be accepted by the owner, the men, zal by de regten volgens zoopurchase-money shall be paid to danige waardering betalen. Indien het aanbod door den elgehim without delay, and without any ussr worde sangenomen, sal hem abatement or discount. den inkoopsprys sonder uitstel, en sender eenige vermindering of kort. ingbetaad wo rden. voor de Marine der Supplies to eoorrad Supplies for the use of the United States navy may be landed at Kana- Vereenigde Staten, mug in Kana- Unite States gawa, Hakodade, and Nagasaki, and gawa, Hakodade, en Nagasaki ge- Navy. stored in warehouses, in the custody land, en in pakhuizenk, die onder de of an officer of the American gov- verzekerde bewaring van een ambernment, without the payment of tenaar der Amerikaonsche Regering any duty. But, if any such supplies zyn, geborgen worden, zonder eenig are sold in Japan, the purchaser regt te betalen. Maar zoo eenige shall pay the proper duty to the zulke voorraad in Japan verkocht worde, zal de inkeoper de bepaalde Japanese authorities. regten, aan de Japansche overheden betalen. De invoer van opium is verboden, Importa.on The importation of opium is prohibited, and any American vessel en zoo eenig, naar Japan, ten han- WnPreM " coming to Japan for the purposes of del komend Amerikaansh ship,-Z tzade, having more than three (8) meer dan (8) drie katjes (vier catties (foar pounds avoirdupois) pond avoirdupois) gewigt aan opiweight of opium on board, such sur- um, aan boord heef, zal zoodanig plus quantity shall be seized and overwigt door de Japansehe overdestroyed by the Japanese au- heden, worden geval en vernield. Alle in Japan ingevoerde en de, Importsoe thorities. Al goods imported into
Japan, and which have paid the duty fized by this treaty, may be trnsported by the Japanese into any part of the empire without the payment of any tax, excise, or transit by dit tractaat vastgestelde regten |
"'.a mnay hrs be sm

betaald hebbende goederen, mogen jwpoA &s. door de Japanners naar eenig gedeel to van het Ryk worden vervoerd zonder eenige belasting, aecyns of duty whatever. doorvoerregt hoegenaamd to betalen. No higher duties shall be paid by Geene boogere dan by dit tra- -No bigher dsAmericans on goods imported into taat vastgestelde regten, sullen door t16% &aJapan than are fixed by this treaty, Amerikanen op goederen, in Japan
nor shall any higher duties be paid by Americans than are levied on the same description of goods if imported in Japanese vessels, or the vessels of any other nation. ingevoerd betanald worden, noch zul-

len de Amerikanen hoogere regten betalen, dan die, welke op gelyksoortige, met Japansch schepen, of met de schepen van eenige andere Natie ingevoerde goederen worden geheven.
VTIDD A3&TIKEL.

ARTIoLZ Y.

All foreip coin shall be curAlle vreemde munt, sal in Japan rent in Japan and pass for its corre- gangbaar zyn en evenveel golden,

F

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from

1056

TREATY WITH THE "EMPIREoF "JAPAN. JuLY 29, 18"
spending weight of Japanese coin of the same description. Americans and Japanese may freely use foreign or Japanese 6oin in making payments to each other.

hehange of As some time will elapse before a. ofthe Japanese will be acquainted with the value of foreign coin, the Japanese government will, for the period of one year after the opening of each harbor, furnish the Americans with Japanese coin, in exchange for theirs, equal weights being given and no discount taken for recoinCois (except age. Coins of all description (with coppe) may be the exception of Japanese copper txptrted Japan. oin) may be expoited from Japan, and foreign gold and silver uncoin. ed.

ale een gelyk gewigt Japansche munt van dezelfde soort. Amerikanen, en Japanners, mogen in het maken van betalingen san elkander, vrylyk vreemde of Japnche munt, gebruiken. ar er eenige tyd zal verlooper: voor dat de Japanners, met de waarde van vreemde munt zullen bekend zyn, zal de Japansche rge. ring voor den tyd van eon jaar, na de opening van iedere haven, den Amerikanen, in ruil veer hune munt Japansche munt verstrekken. Daarby sal gelyk gewigt .gegev-en, en geene korting voor hermunting gonomen worden. Ale soorten van munten (Japanache koperen munt uitgezonderd) en vreemd, ongemunt, goud en zilver, mogen van Japan worden ulbgevoerd.
201Di ARXBL.

a TIOLU VL

Jursdletion over oenem.

Americans committing offences against Japanese shall be tried in American consular courts, and when guilty shall be punished according to American law. Japanese committing offienoes against Americans shall be tried by the Japanese authorities and punished according to Japanese law. The consular courts shall be open to Japanese creditors, to enable them to recover their just claims against American citizens, and the Japanese courts shall in like manner be open to American citizens for the recovery of their just claims against Japanese.

Amerikanen, overtredingen begaande tegen Japanners, sullen voor Amerikaansche consulaire regts hoven to regt staan, en mdien schuldig bevonden, volgens do Amerikaasche wet, worden gestraft. Japanners, overtredingen begaande tegen Amerikanen, zullen veer de Japansehe overbeden to regt staan, en volgens de Japanschq wet, worden gestraft. De consulaire geregts hoven zullen open zyn vor Japansche schuldiesehers, ten einde hen in stoat te stellen, hunne regtvaardige vorderingen, tegen Amerikaansche burgers te erlangen, en de Japansche geregtshoven sullen gelykenwyze veer Amerikaannche burgers open vaardige vorderingen tegen' Japanners. Alle vorderingen veer verbeurdverklaringen of boeten, veer schending van dit tractaat of van do hierby gevogde den handel regelende artikelen, zullen ter geregtelyko vervolging, voor de consulaire geregtshoven gebracht worden enal hetgeen due verkregen is, san do Japansche overheden worden handigd.
zyn tot de erlanging hunner regt

Forfeitures and All claims for forfeitures or penpenalties under alties for violations of this treaty, Ibis trea5ty. or of the articles regulating trade

which are appended hereunto, shall
be sued for in the consular courts,

and all recoveries shall be delivered to the Japanese authorities.

HeinOnline -- 12 Stat. 1056 1855-1863

TUIMATY WITH THE EMPIRE OV JAPAN. Neither the American or Japanese governments are to be held responsible for the payment of any debts contracted by their respective itizens or subjects.
ARTICLE VIL

JuLY 29, 1858.

1067

Regeringen, kannen niet ansprake- not to be epo-

De Amerikaansche of Japashe

Govenments

lyk gehonden worden, voor de beta- citizens,o ling van door hunne wyderzydsche burgers of onderdanen, asangegane schulden.
2VENDB LRTI .

"

In the opened harbors of Japan, Americans shall be free to go, where they please, within the following limits: At Kianagawa, the River Logo, (which empties into the Bay of Yedo between Kawasaki and Sinagawa,) and (10) ten ri in any other direction. At Hakodade, (10) ten ri in any direction. At Hiogo, (10) ten i in any direction, that of Kioto excepted, which city shall not be' approached nearer than (10) ten ri. The crews of vessels resorting to Hiogo shall not cross the River Enagawa, which empties into the Bay between Hiogo and Osaca. The distances shall be measured inland from Goyoso, or town hall, of each of the foregoing harbors, the ri being equal to (4,275) four thousand two hundred and seventy-five yards, American measure.

In de opengestelde Havens van
Japan, zullen de Amerikanen vry
e

Lmits.opqa-

zyn to gan waar het hun behaagt,
binnen de volgende-grenzen; Te Kanagawa, de rivier Logo Kanagawa. (die zich tusschen Kawasaki, en Sinagawa, met de Baai van Jedo vereenigt) en (10) fien ii, in iedere andere rigting. Te Hakodade, (10) tien i in Hakodadi. iedere rigting. Te Hiogo (10) tien ri, in iedere Blogo. rigting, met uitzondering van die van Kiot, van welke stad zy (10) tlien 'ri, verwyderd zullen blyven. De bemanning van naar Hiogo komende schepen zal de rivier Inagawa, die zich tusschen Hiogo en Osaea, met de Baai vereenigt, niet overgaan. De-aftanden zullen gemeten worden overlands, van de Gojoso of het stadhuis van ieder der voorgeande 'havens, de Ri gelyk zynde aan (4,275) vierduizend twee honderd vyf en zeventig yards, Amerikaansche meat. Te Nagasaki mogen de Amerika- NagasakL nen, in ieder gedeelte van bet Keizerlyki territoir gaan, dat in hare omstreken gelegen is. De grenzen van Ni-e-gata, of van de plaats, die dezelve misschien zel vervangen, zullen door den AmerWho shall loew kaanchen diplomatieken agent en right of perma de Japansche Regering bepaald neat residene in
worden.

At Nagasaki, Americans may go into any part of the imperial domain in its vicinity. The boundaries of Nee-e-gata, or the place that may be substituted for it, shal be settled by the American diplomatic agent and the government of Japan. Americans who have been convicted of felony, or twice convicted of misdemeanors, shall not go more than (1) one Japanese ri inland from the places of their respective residences, and all persons so convicted shall lose their right of permanent residence in Japan, and the Japau~e authorities may require them to leave the country.

Wegens hoofdmisdaed of twee maal wegens wangedrag veroordeeld geweest zynde Amerikanen, zulleu zieh niet verder dan (1) een Japansehe A van hunner espective verblyfplaatsen binnens lands begeven, en alle aldus veroordeelde personen sullen hun regt van. voortdurendverblyf in Japan verhiezen, en de Japansehe overheden sulen kunnen vorderen, dat zy hot land verlaten. A reasonable time shall be allowAan alle zoodanige personen, zal to Lvem o t ed to all such ;ersons to settle their een redelyken tyd, ter regele hun-Ne e a ftir.t

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1058

TREATY WITH THE EMPIRE OF JAPAN. JuLY 29, 1858. affairs, and the American consular authority shall, after an examination into the circumstances of each case, determine the time to be allowed, but such time shall not in any base exceed one year, to be calculated from the time the person shall be free to attend to his affiirs.
AMTIOLE VIIL

nor zaken veroorloofd worden, en

de Ameriksansche consulaire overeid, zal, na de omstandigheden van iedere zaak onderzocht te hebben, den to verloven tyd bepalen ; maar zoodanige tyd sal in geen geval een jaar overschryden, to rekenen van den tyd, de persoon vry zal zyn syne zaken waarte nemen.
ACNTST ARTIKUL.

" *uglosfieedor.

Americans in Japan shall be allowed the free exercise of their religion, and for this purpose shall have the right to erect suitable places of worship. No injury shall be done to such buildings, nor any insult be offered to the religious worship of the Americans. American citizens shall not injure any Japanese temple or mia, or offer any insult or injury to Japanese religious ceremonies, or to the objects of their worship.

The Americans and Japanese shall not do anything that may be calculated to excite religious animosity. The government of Japan has already abolished the practice of trampling on religous emblem.
ARTICLE IX. Japanese arthorities wil aurest desertes on request, &o.

Aan Amerikanen in Japan zal de vrye uitoefening hunner godadienst veroorloofd zyn, en des wege sullen zy et regt hebben, voegzame plantsen van aanbidding op te rigten. Zoodanige gebouwen zullen niet besehadigd noch eenige beleediging der Godadienstoefening van de Amerikanen worden aangedaan. Amerikaanshe burghers sullen geene Japansecbe tempel of mia beschadligen, bf geene Japansche godsdlenst plegtigheden, noch .de voorwerpen hunner aanbidding, eenige beleediging of beshaiging aandoen. De Amerikanen en Japanners sullen niets doen, dat berekend mogt zyn, godsdienstige verbittering op te wekken. De Japansch Regering heefte de gewoonte van op godsdienstige zinnebeelden te trappen, reeds abgeschaft
qGUNDE ARTIKE.

Do Japansche overheden zullen When requested by the American consul, the Japanese authorities will op verzoek des Amerikaanschen cause the arrest of all deserters and consuls, alle wegloopers en vlugtelinfugitives from justice, receive in jail gen van het regt, doen vatten, alle, all persons held as prisoners by the door den consul gevangen gehouden consul, and give to the consul such personen doen inkerkeren, en den assistance as may be required to en- consul zoodanigen bystand verleenen, able him to enforce the observance als vereischt mag worden, om hem of the laws by the Americans who in staat te stellen de wetten door do are on land, and to maintain order san wal zynde Amerikanen te doen among the shipping. For all such nakomen, en orde onder de schepen service, and for the support of pris. te bewaren. Voor sile zulke dienoners kept in confinement, the con- sten, en voor het onderhoud van sul shall in all cases pay a just in' hechtinis gehouden gevangenen, zal de consul in alle gevallen eons compensation. billyke vergoeding betalen.
ARTIOLE X., TIEFqDB ARTIKIIL.

The Japanese government may De Japansehe Ragering mag in Prachas, or con. purchase or construct, in the United de Vereenige Staten koopen of

JAWW S "

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,TREATY, WITH THE EMPIRE OF iAPAW

,uLy *29, .188&

isbo

States, ships of war, steamers, mer- bouwen oorlogschepen, stoomsche- street,ship of 'a chant ships, whale ship., cannon, pen, koopvaardysehepen, walvisch- w, OLW munitions of war, and arms of all vaarders, kanonnen, oorlogsbehoef- United State kinds, and any other things it may require. It shall have the right to engage, in the United States, scientific, naval and military men, artisans of all kinds, and mariners to enter into its service. All purchases made for the government of Japan may be exported from the United States, and all persons engaged for its service may freely depart from the United States: Provided That no articles that are contraband of war shall be exported, nor any persons engaged to act in a naval or military capacity, while Japan shall be ai war with any power in amity with the United States. ten en ile soorten van wapenen en andere zaken die zy mogt behoeven. Zy zal het regt hebben wetenschappelyke tot de marine behoorende en militaire personen, ambachts lieden van aile vakken, en zulieden, om in haren dienst te treden, in de Vereenigde Staten aan te nemen. Al de voor de Japansehe Regering gemaakte inkoopen mogen van de Yereenigde Staten worden uitge- Ez7 tcoutn
voerd, en alle 'in haren dieust geno- band war.

men personen, mogen ongehinderd de Vereenigde Staten verlaten.
Mits, dat, geene contrabande van oorlog zynde artikelen, sullen uitgevoerd, noch personen aangenomen worden, om in eene tot de marine behoorende, of militair betrekking te handelens, tydens Japan in oorlog zal syn, met eenige Mogenheid, in vrienschap met de Vereenigde Staten.
ULVDZ ARTIXEL

ART;ICL*, XL

The articles for the regulation of trade, which are appended to this treaty, shall be considered as forming a part of the same, and shall be equally binding on both the contracting parties to this treaty, and on their citizens and subjects.
ARTICLE 3I

D, by dit Tractaat gevoegde ar- B"ntonso pied OrmPal zullen bescbouwd worden eendeel treaty. -daarvan nit to maken, en sullen voor beide contracterende partyen van dit Tractaat, en voor hunne burgers en onderdanen, gelykgelyk verbiadend zyn.

tikelen, ter regeling des hande

TWAaLD

AETIXIL.

Such of the provisions of the treaty made by Commodore Perry, and signed at Kanagawa, on the 81st of March, 1854, as confict with the provisions of this treaty are hereby revoked; and as all the provisions of a convention executed by the consul-general of the United States and the governors of Simoda, onthe 17th ofJane,1857,areinoorporated in this treaty, that convention is also revoked. * The person charged with the diplomatic relations of the United States in Japan, in conjunction with such person or persons as may be appoimted for that purpose by the Japanese government, shall have power to make such rules and reg.
VOL. = Tmu%-186

Zulke der bepalingen van het oonsetf o f door ,ommodore Perry gesloten, en den 81ste Mart,1854, te Kanagawa 81 of arc repealgeteekende Traetat, als tegenstry- ed
dig syn met de bepalingen van dit Vol LP
6.97

Traetaat, worden by deze herroepen, en daar al de bepalingen van eepe den 17de Jany, 1857, tussehen VoL aL p. 15. den Consul (ieneraal derVereenigde Staten en de Gouverneurs van Simoda gesloten conventie, in dit traetaat zyn opgenomen zoo is ook die conventie herroepen.

matiekie betre

De persoon belast met de diplo-

Rules maybe

nigde Staten in Japan, zal en ver- effect. band met zulke persoon of personen, als tot dat einde door de Japansehe Regering benoemed mogen worden, de magt hebben zulke regels en re-

ngen der Veree-

HeinOnline -- 12 Stat. 1059 1855-1863

"1o06

'TKFAY 'WI~THFl

MPME~ 07 JAPAN. JmVL 29,1858.
galatien te maken als mogn worden vereischt, om de bepalingen van dit tractant, en de daarby gevoegde den handel regelende artikelen, en volledige working te doen treden.
DZRTMIRDB AXTIK.-

alations as may be required to arry into full and complete effect th,e provisions of this treaty, and th - provisions of the articles regu lating trade appended- thereunto.
ARTIOLZ XIIL

After the (4th of July, 1872,) .Whe ayhb tenia fourth day of July, one theusand eight hundred and seventy-two upon the desire of either the Ameri an or Japanese governments, and a a one year's notice given by either: party, this treaty, and such portions f the treaty of Kanagawa as remain mieyoked by this treaty, together wit) the regulations of trade herreunto annexed, or those that may be hereafter introduced, shall be subj ect to revision by commissioners app iinted on both sides for this purpose, who will be empowered to decide oj2,and insert therein, such amendme its as experience shall prove to be desrable.

Na den (4den July, 1872) vierden dag van July, eon duizend acht honderd twee en zeventig, zal op den wensch der Amerikaansche of Japansehe Regeringen en nadat en der twee partyen, ebn jaar voorkennis heeft gegeven, dit tractaat en sulke gedeelten van het Tractaat ,van Kanagawa -als by dit trctanat onherrepen blyven, to samen met de hierby gevogde Handels R~gulatten, of die welke in den vervolge mogten worden, ingevoerd, onderworpen zyn aan de herziening van daartoe door beide kanten benoemde Commissarissen, die gemagtdd zullen zyn to beslissen en dsarby to vocgen, zoodanige verbeteringen, ale door de ondervinding wenschelyk sullen worden bevonden.
ViaTEINDC ARTIKE=.

ARTZ=

2CIV.

This treaty shall go into effect When to take. seoot. on the (4th of July, 1859,) fourth day of July, in the year of our Lord one thousand eight hundred and fifty-nine, on or before which day the ratifications of the same shall be exchanged at the city of Washington; but if, from any unforeseen cause, the ratifications cannot be exchanged by that time, the treaty shal still go into effect at the date above mentioned. atioeatioS

Dit Traetaat zal den (4den July, 1859) vierden dag van July van het
Jaar onzes Heeren, eon duizend,

how vwilIl

The act of ratification on the part of the United States shall be verified by the signature of the President of the United States, countersigned by the Secretary of State, and sealed with the seal of the United States. The act of ratification on the pan of Japan shall be verified by the name and seal of his Majesty the Ty-Coon, and by the seals and signatures of such of his high officers as be may direct.

aeht honder4, negen en vyftig, in working treden, op of vor welken dag, do ratificatien daarvn, in do Stad Washington zullen worden uitgewisseld; maar indien wegens Seemige onvoor-iene oorzaaX do ratiificacien niet binnen dien tyd kunnen uitgewisseld worden, zal het tractant toch op bovengemelden datum, in working tredem De acte van ratificatie sn den Kant der Vereenigde Staten zal worden geverifleerd door de handteekening van den President der Vereenigdo Ststen, gecontrasigneerd door den Secretaris van Stsat en gecaoheteerd met het zegel der Vereenigde Staten. Do aete van ratificatie, aan den kant van Japan, zal worden geverifleerd, door den naam en het cachet., Zyner Majesteit den Taikoen ea door de cachetten en handteekeningen zulker zyner Hooge ambtenaren, als Hoogstdezelve mag verardene.

HeinOnline -- 12 Stat. 1060 1855-1863

TREATY WITH THE EXPIRE OF JAPAN. JULY 29, 1858. This treaty is executed in quadruplicate, each copy being written in the English, Japanese, and Dutch languages, all the versions having the same meaning and intention, but the Dutch version shall be considered as being the original In witness whereof, the abovenamed plenipotentiaries have hereunto set their hands and seals, at the city of Yedo, this twenty-ninth day of July, in the year of our Lord one thousand eight hundred and fiftyeight, and of the independence of the United States of America the eighty-third, corresponding to the Japanese era, the nineteenth day of the sixth month of the fifth year of Ansei Mina.
TOWNSEND HARRIS. [sEAL.]

JOU1

Dit Tractant is gedaan, in quadruplicast, ieder absehrift geshreven zynde, in do Engelache, japansch, en Hollandsche talen, al de vertalingen de zelfde meening en cog merk hebbende; maar de Hollandsehe vertaling zal ale do oorspronkelyke worden beshouwd. Ter oirkonde waarvan, de boren- S4na genoemde gevolmagtigden, deze heb- July 2.1 8. ben geteekend, en hunne eachetten daarop gesteld, in de Stad Jedo dezen negen en twintigsten dag van July van het Jaar onzes Heeren, een duizend, acht honderd, acht en vyftig, en van de onafhankelykheid der Vereenigde Staten van America hot drie en tachtigste, overeenkomende met de Japansche tydrekening den negentienden dag der zesde maand van het vyfde Jaar van Ansel Mma.

Regultion under Wtoh iericw. fade i to be conduted in Aipan.
EEGULATION FIRST.

.e AzmiRegultien mulr eoe kaanvcken Handel ie, hpa go. drew,.zraluorden.
NERSTS REGULATIE.

Within (48) forty-eight hours (Sundays excepted) after the arrival of an American ship in a Japanese port. the captain or commander shall exhibit to the Japanese customhouse authorities the receipt of the American consul, showing that he has deposited the ship's register and other papers, as required by the laws of the United States, at the American consulate, and he shall then make an entry of his ship, by giving a written paper, stating the name of the ship, and the name of the port from which she comes, her tonnage, the name of her captain or commander, the names of her passengers, (if any,) and the number of her crew, which paper shall be certified by the captain or commander to be a true statement, and shall be signed by him; he shall at the same time deposit a written manifest of his cargo, setting forth the marks and numbers of the packages and their contents, as they are described in his bills of lading, with the

Binnen (48) acht en veertig uren RegultIeon at
(Zondagen uitgezonderd) I& do eutm-hou5

aankomst van een Amesikaensch schip in eene Japansche haven, zal de Kapitein of gezagvoerdor, aan de overheden van het Jap ansche tolkantoor, den ontvangstbrief van den Amerikaanschen consul vertoonen, vermeldende, dat hy bet scheeps register, en andere papieren, als door do wetten der Vereenigde Staten vercischt, by het Amerikaansche consulaat heeft gedepo. neerd, hy zal als dan eene aagifte van syn schip maken, door een geschreen papier in te dienen, vermeldeade den naam van het schip, en den naam der haven, .waar het van daan komt, de tonnemaat, tlen nasm des kapiteins of gezagvoerders, de namen der pasagiers (zoo er zyn) en ht .getal der bemanning dearvan, welk papier, door den kapitein of gezagvoerder, zal worden geeertifieerd, te zyn een ware opgave, en door hem zal worden onderteekend, by zal terzelfder

HeinOnline -- 12 Stat. 1061 1855-1863

062

TREAT! WITH THE EXPIRE OF JAPAN. JuLy 29, 1858. names of the person or persons to, tyd een geschreven manifest zyner whom they are consigned. A list of lading deponeeren, opgevende de the stores of the ship shall be added marken en nommers der pakken, en to the manifest. The captain or den inhoud daarvan, zoo als zy in commander shall certify the manifest zyne connossementen beschreven to be a true account of all the cargo zyn, met de namen des persoons of and stores on board the ship, and personen, nan wien zyzyn geconsigshall sign his name to the same. If neerd. Eene lyst der scheeps roorany error is discovere4 in the maul- raad sal by bet manifest worden fest, it may be corrected within (24) gevoegd. • twenty-four hours (Sundays exceptDe kapitein of gezagvoerder zal ed) without the payment of any het manifest certiflceren to zyn eene fee; but for any alteration or post ware opgave der gansce lading en entry to the manifest made after voorraad san boord van bet sehip, that time, a'fee of ($15) fifteen dol- en dit met zyn naam onderteekenen. ms shall be paidL All goods not Benige in het manifest ontdekte entered on the manifest shall pay devaling, kan binnen (24) vier en double duties on being landed. Any twintig urea (Zondagen uitgezoncaptain or commander that shall derd) zonder de betaling van eenige neglect to enter his vessel at the douceur worden verbeterd; maar Japanese custom-house within the voor eenige na dien tyd gemaakte time prescribed by this .regulation verandering, of laten aangifte tot shall pay a penalty of ($60) sixty he manifest, zal eene doneur van dollars for each day that he shall so (15) vyftien dollars betnld wotden. neglect to enter his ship. Al de niet in het manifest aangegeven goederen, zullen wanneer zy geland zyn, dubbele region betalen. De kapitein of gezag.oefdet die verzuimen sal syn schip by het Japanache tolkantoor in te klaren, binnen den door doze regulatie voorsohreven tyd, zal eene boete van (60) zestig dollars betalen, voor iederen dag hy aldus verzuimen zal, zyn whip In to klaren.
RKGULASION BSCOND. TWEEDE REGULATIM.

a De Japansoke Regeriug sal hbt The Japanese government shall u SGeff_ have the right to place custom-house regt hebben, aan boord van ieder .bsdes e officers on board of any ship in their schip

chat veek,

gods g of

in hare havens (oorlogsehepen All uitgezonderd) tolbeambten te plaatcustom-house officers shall be treat- son. Alle tolbeambten sullen beed with civility, and such reasonable leefdelyk worden behandeld, en accommodation shall be allotted to zulk redelykgerief, ale heb sefhip them as the ship affords. No goods oplevert, zal hen worden verstrekt. shall be unladen from any ship Tussehen do uren van son onder tween the hours of'sunset'and besun- en opganq, sullen geene goederen rise, except by special permission itde senepen gelst worden beof the custom-house authorities, and halve op byzonder verlof van do the batches, and all other places of overheden van bet tolkantoor, en de entrance into that part of the ship luiken en ale andere plaatsen van where the cargo isstowed, may be toegang tot dat gedeelte van bet secured by Japanese officers, be- sebip, waar de lading geborgen is, tween the hours of sunset and sun- snogen tussehen de uren van zon rise, by affixing seals, locks, or other onder en opgang, door Japansche. fastenings; and if any persn shall, ambtenaren versekerd zyn, door without due permisdon, open any dezelve met zegels, sloten of andere' entrance that has been so secured, middeleai van vastmaking te voor ' or shall break or remove any seal, zien, en indien iemand zonder beports (men-of-war excepted.)

HeinOnline -- 12 Stat. 1062 1855-1863

TREATY WITH THE EMPIRE QF JAPAN. Ju x 29, 1858. lock, or other fastening that has been affixed by the Japanese customhouse officers, every person so offending shall pay a fine of ($60) sixty dollars for each offence. Any goods that shall be discharged or attempted to be discharged from any ship, without having been duly entered at the Japanese customhouse, as hereinafter provided, shall be liable to seizdre and confiscation.

1068

Packages of goods made up with an attempt to defraud the revenue of Japan, by concealing therein articles of value which are not set forth in the invoice, shall be forfeited. Ameriean ships that shall smuggle, or attempt to smuggle, goods in any of the non-opened harbors of Japan, all such goods shall be forfeited to the Japanese government, and the ship shall pay a fine of ($1,000) one thousand dollars for each offence. Vessels needing repairs may land their cargo for that purpose without the payment of duty. All goods so landed shall remain in charge of the Japanese authorities, and all just charges for storage, labor, and supervision shall be paid thereon. But if any portion of such cargo be sold, the regular duties shall be paid on the portion so disposed of. Clirgo may be transhipped to another vessel in the bame harbor without the payment of duty; but all transhipments shall be made under the supervision of Japanese officers,-and after satisfactory proof has been given to the customhouse authorities of the bona fie nature of the transaction, and also under a permit to be granted for that purpose by such authorities. The importation of opium being prohibited, if any person or persons shall smuggle, or attempt to smuggle, any opium, he or they shall pay a fine of ($15) fifteen dollars for each catty of opium so pmuggled or attempted to be smuggled; and if

hoorlyk verlof, eenige aldus vezekerde toegang mogt openen, of eenig zegel, slot of ander middel van vastmaking, waarmede zy door de Japansche tolbeambten voorzien is, mogt breken of wegnemen, zoo zal elk aldus overtredend persoon, eene boete van (60) zestig dollars, voor iedere overtreding betalen. Goederen, die glost sullen worden of beproefd om gelost te worden uit een schip, zonder dat daarvan de behoorlyke sangifte, by het Japansche tolkantoor is gedaan, als by deze hieronder bepaald, sullen onderhevig zyn aan vatting en verbeurdverklaring. Pakken goederen, opgemaakt met FrAu& on bet oogmerk om de Staats inkom- reveue how sten van Japan te benadeelen, door Ptun8d. daarin artikelen van waarde die niet in de faktuur zyn opgegeven, te verbergen, sullen verbeurd verklard zyn. Amerikaaseh shepen die gotderen zsllen smokkelen, of beproeyen te mokkelen, in eenige der niet geopende havens van Japan, alle zoodanige goederen sullen san de Japasche Regering verberd verklaard syn, en bet schip zt eene boete van (1,000) een duizend doltars voor iedere overtreding betalen. Herstelling beno~ligende schepen, mogen tot dat einde hunne lading landen, zonder regten te betalen. Alle aldus gelande goederen zullen onder de bewaring der Japansche overheden blyven, en alle billyke kosten voor pakhuis, huur, arbeid, en *psigt zullen daarvoor worden betaald; maar indien eenig gedeelte van zulke lading verkocht wordt, zullen de bepnalde regten, op, let zoo verkochte gedeelte worden be. taald. Lading mag, zonder regten te betalen, nsar een ander schip in dezelfde haven worden overgeseheept; maar alle oversehepingen sullen onder opzigt van Japansche nmbtenaren geschieden, en nadat ann de overheden van het tolkan. toor voldoende proef is verstrekt, van den suiveren aard der verrgting, aismede onder een verlofbrtef, tot dat elude door zoodanige overheden, te worden afgegeven. Daar de invoer van opinm, ve.

HeinOnline -- 12 Stat. 1063 1855-1863

10"

0.TREATY WITH TiE MXPIME OF JAPAn. 'Jix more than one person shall be engaged in the offence, they shall collectively be held responsible for the payment of the foregoing penalty.

29,1858.

boden is, zal de persoon of perso nen, die opium smokkelen, of bepro. even zullen te smokkelen, hy of my, eene boete van (15) vyftien dollars betalen voor ieder kattje opium moo gesmokkeld of beproefd te worden gesmokkeld, en indien meer dan een persoon in de overtreding betrokken is zallenlzy to samen genomen, voor de betaling der voorgaande boete aasprakelyk worden gehouden.
DIMDZ REGULATIlL

3=GULATION TURD.

The owner or consignee of any goods, who desires to land them, shall make an entry of the same at the Japanese custom-house. The entry shall be in writing, and shall set forth the name of the person making the entry, and the name of the ship in which the goods were imported, and the marks, numbers, packages, and contents thereof,-with the value of each package extended separately in one amount, and at the bottom of the entry shall be placed the aggregate yalue of all the goods contained in the entry. On each entry the owner or consignee shall certify, in writing, that the entry then presented exhibits the actual cost of the. goods, and that nothing has been concealed whereby the customs of Japan would be defrauded; and the owner or consignee shall sign his name to such ertilcate.

The original invoice or invoices of the goods so entered shall be presented to the custom-house authorities, and shall remain in their posssion until they have examined the goods contained in the entry. The Japanese officers may examine any or all of the packages so entered, and for this purpose may take them to the oustom-house, but such examination shall be without expense to the importer or injury to the goods, an4 after examination, the Japanese shall restore the goods to their original condition in the

De eigenaar van op de persoon aan wien goederen geonsigneerd zyn, die dezelve wenscht te landen al eene aangifte daarvan by het Japansch tolkantoor indienen. De aaugifte zal schriftelyk zyn, vermeldende den naam van den persoon die de aangifte maakt, en den naam van bet schip waarmede de goederen syn ingevoerd, en de merken, nommers, pakken, en den inhoud darvan, met de waarde van ieder pak afzonderlyk, in sen beloop damp gesteld, en hetgezamenlyk bedrag van al de, in de aangifte bevatte goederen zal san den voet der aangifte worden geplatst. In iedere aangifte sal de eigenar of de persoon san wien de goederen geonsigeerd zyn, schriftelyk certificeeren, dat de aangifte als dan aangeboden de wesenlyke prys der goederen vertoout, en dat niets waardoor de Japansehe regten zouden benadeeld worden, achterhouden is, en do eigenaar of do persoon nan wien de goederen geconsigneerd zyn, zal zoodanig certifieaat, met zyn nam onderteekenen. De oorspronkelyke factuir of fso. turen van aldus aangegeven goederen zullen nan de overheden van het tolkantoor worden aangeboden

en tot dat zy de, in de nangifte vermelde goederen onderzocht hebben, in hun bezit bliven. De Japansche beambten mogen eenig of alle aldus aangegeven pakken onderzoeken, en dezelve, tot dat einde, naar het tolkantoor voeren; maar zulk onderzoek sal zonder onkosten vor den nvoerder, of beschadiging " der goederen geschieden, en na onderzoek mullen de Japanners de goedo-

HeinOnline -- 12 Stat. 1064 1855-1863

TREATY WITH THE EMPIRE OF JAPAN. packages, (so far as may be practi. cable,) and such examination shall be made without any unreasonabIt delay.

Jumr 29, i858.

1065

ren in bunne oorspronkelyke gosteldheid, weder in de pakken doen (zoover ala zulks doenbaar is) en zoodanig onderzoek zal zonder eenig onredelyk oponthoud plaats vinden If any owner or importer discovers i Indien de eigenaar of invoerder that his goods have been damaged ontdekt dab zyne goederen op de on the voyage of importation before invoerreis beschadigd zyn geworden such goods have been delivered to voordat zoodanige goederen nan him, he may notify the custom-house hem overhandigd zyn, kan hy de authorities of such damage, and he overheden van bet tolkantoor, van may have the damaged goods ap- zoodanige schade kennisgeven, en de praised by two or more competent beshadigde goederen laten schatten and disinterested persons, who, after door twee of meer des kundige en due examination, shall make a cer- onpartydige personen, welke na betificate setting forth the amount per hoorlyk onderzoek een certificast cent. of damage on each separate zullen maken, bet schadebeloop van package, describing it by its mark eider afzonderlyk pak, per cents and number, which certificates shall gowys opgevend, on dit met bet be signed by the appraisers in pres- merk en nommer daarvan beschryence of the custom-house -author- vend welk certificaat, in tegenwoorities, and the importer may attach digheid der overheden van bet tolthe certificate to his entry, and kantoor door de shatters, zal worden make a corresponding deduction onderteekend, en de invoerder mag from it. But this shall not prevent het certifieat by zyne aang fe the custom-house authorities from voegen, en eene overeenkomende appraiving the goods in the manner som daarvan aftrekken. MW dit provided in article fourth of the zal de overheden van het tolkantoor treaty, to which these regulations niet beletten, do goederen te schatare appended. ten als bepaald by het vierde artikel des traceats, waar deze regulation zryn bygevoegd. • Afder the duties have been paid, Na de betaling der regten zal de the owner shall receive a permit eigenaar eon verlofbrief ontvanauthorizing the delivery to him of gen, de overgave der goederen, of the goods, whether the same are at zy zich in bet tolkantoor of san the custom-house or on ship-board. boord van bet schip bevinden, aan All goods intehded to be exported hem magtigond. shall be entered at the Japan. All goederen bestemd, om uitgeese custom-house before they are voerd te worden, zullen voor dat placed on ship-board, The entry sy aan boord gebragt zyn, by bet shall be in writing, and shall Japansche tolkantoor worden aanstate the name of the ship by gegeven. which the goods are to be exported, De aanglf zal schriftelyk zyp, with the marks and numbers of the en den naam van het schip waarin packages, and the quantity, deserip- de goederen zullen worden uitgtion, and value of their contents. voerd, met de merken en nommers The exporter shall certify in writing der pakken, en de hoeveelheid, aard that the entry is a true account of en waarde, van derzelve inhoud all the goods contained therein, and vermelden. shall sign his name thereto. Any De uitvoerder sal schriftelyk cerg that are put on board of a ship tificeren dat de sangifte eene ware fbr exportation before they have qpgave is, van al de daarin bevatte been entered at the custom-house, goed en dit met zyn naam onand all packages which contain pro- derteeenen. hibited articles, shall be forfeited to Goederen, die voordat zy, by et the Japanese government. tolkantow zyn angegeven, san boord van eon seip zyn gebragmt om uitgevoerd te worden, on aile

HeinOnline -- 12 Stat. 1065 1855-1863

UO

teSS tRAty WITH TnE FmPIRllg orF uAAx

JO

29, Am5.

No entry at the custom-house shall be required for supplies for the use of ships, their crews, and passengers, nor for the clothing, &., of passen. ge.
REGULATION FOURTH.

pakken, die verboden artikelen inhouden, sullen aan de Japan3che. regering verbeurd verklaard zyn. ehoeflen voor de schepen voor hunne bemanning en passagiers, of de klcederen enz van passagiers, behoeven niet by bet tolkantoor aangegeven to worden.
VIERDE REGUL"TIE.

VON"

Chrmae of

Ships wishing to clear shall give (24) twenty-four hours' notice at the custom-house, and at the end of that time they shall be entitled to their clearance; but if it be refused, the eustom-ihouse authorities shall immediately inform the captain or consignee of the ship of the reasons why the clearance is refused, and they shall also give the same notice to the American consul.

Ships of war of the United States shall not be required to enter or clear at the custom-house, nor shall they be visited by Japanese customhouse or police officers. Steamers carrying the mails of the United States may enter and clear on the same day, and they shall not be required to make a manifest, except for such passengers and goods as are to be landed in Japan. Butsuch steamers shall, in all eases, enter and clear at the custom-house. Whale ships touching for supplies, or ships in distress, shall not be required to make a manifest of their cargo; but if they subsequently wish to trade, ibhey shall then deposit a manifest, as required in regulation first. The word ship, wherever it oc. curs in these regulations, or in the treaty to which they are attached, is to be held as meaning ship, barque, brig, schooner, sloop, or steamer.
REGULATION FIFTH.

Schepen, die nit wenschen to klaren, ullen (24) vier en twintig uren voorkennis, by bet tolkantoor geven, en op bet elude van dion tyd, zullen zy regt op hunne uitkla-ring hebben; maar by weigering van dien, zullen de overheden van het tolkantoor den kapitein, of den persoon, aan wien bet achip geconsigneerd is, onmiddelyk de redenen van de weigering der uitklaring opgeven, en zulks insgelyks ter kennis van den Amerikaanschen consul brengen. Oorlogschepen der Vereenige Staten, behoeven niet by bet tolkantoor in of uit to klaren, noch sullen sy door de Japansch tol of politie beambten, bezocht worden. Stoomsebepen, de post der Vereenigde Staten vervoorend, mogea op denzelfden dag in en uitklaren, en zullen geen manifest behoeven te maken, behalve voor xulke passagiers en goederen, ale to Japan geland zullen wordei. Iaar zoodanige stoomsehepen zullen, in ieder geval, by het tolkantoor in en uitkiaren. Walvischvaarders, die om voorrad binnen loopen, of in nood syn de schepen, sullen geen manifest hunner lading beboeven to maken, maar zoo zy vervolgens handel wenschen te dryven, zullen zy ale dan een manifest deponeeren, als by Eerste Regulatle vereischt, Het woord schip, waar het in deze Regulation, of in het tracteat warby zy gevoegd zyn ook voor moge komen, moetgehouden worden to beteekenen, schip, bark, brik, schooner, sloop of stoomschip.
VIlDE REGULATIM

rauds on Pa&V.

Any person signing a false deolaJemand, die eene valsehe verklaration .or certificate with the intent ring of certiftcaat odderteekent, ten

HeinOnline -- 12 Stat. 1066 1855-1863

TREATY WfM THE EMPIRE OF JAPAM to defraud the revenue of Japan shall pay a fine of ($125) one bundred and twenty-five dollars for each offence.
REGULATION SIXTE.

Juzr4*,r ISM

emnde do Japansehe Statb inkomsten to benadeelen, sal voor ledere overtreding, eene boote van (125) een honded, vry en twintig dollars betalen.
ZISDB RGULATIE.

No tonnage duties shall be levied on American ships in the ports of Japan, but the following fees shall be paid to the Japanese customhouse authorities: For the entry of a ship ($15) fifteen dollars. For the clearanee of a ship ($7) seven dollars. For each permit ($1*) one dollar and a hilf. For each bill of health ($1f) one dollar and a half. For any other document ($1j) one dollar and a half.

Geene tonnegelden zllen op No toenage Amerikasasehe schepen, in de Ja- dutisa

panalh

. mas do volgend douceurs, zullexi -Fes aan de ovehede van *et Japanr sche tolkantoor, worden betaal Voor bet inklaren van een. schip (15) vyfUen dollars. Voor bet uitklaren van een ship (7) zeven dollars. Voor iederen verlof brief (1j) een en een halve dollar. Yoor iederen gezondheidsbrief (1i) een en een halve dollar. Voor ieder ander document (1) een en een halve dollar.
ZYVENDZ RZGULATIL

havens geheven worden;

REGULATION SZVENT.

Duties shall be paid to the JaOp aIle in bet Ryk gelande goe- Tulffof dutlu panese government on all goods deren, zullen aan de Japansche Relanded in the country according to gering regten worden betaald, volthe following tariff: gens bet volgedde. (ass One.--ll articles in this elass shall be free of duty. Gold and silver, coined or uncoined. Wearing apparel in actual use. Household furniture and printed books not intended for sale, but the property of persons *who come to reside .Japan. Kans .- Alle in deze klasse vermelde artikelen sullen rogeen vry zyn, Goud en silver, gemunt of ongemunt. Kleederen in tegenwoordig gebruik. Huisraad en gedrukte boeken, niet bestemd om verkocht to worden, maar die het eigen4om zyn,'van, naar Japan ten verblyf komende personen.
GIN 1.

anuse Twe.-Een rege van (5) Cfau wo.-A duty of (5) five per cent. shall be paid on the fol- vyf per cent., zal op de volgende artikelen worden betaald. lowing articles : Alle vor bet bouwen, takelen, All articles used for the purpose of building, rigging, repairing, or fit- herstellen of uitrusten van schepen, fing ut of ships& gebruikt wordende artikelen. Ale soorten van Walvischtuig. Whaling gear of all kinds. ADle soorten van gemouten eetwaSalted provisionm of all kinds. ren. Brood en broodstoffen. Bread and breal Living animals of all kinds. Alle soorten van levende dieren. Coals. Steenkolen. Timmerhout voor het bouwen Timber for building houses. van huizen. Rice. Ryst. Paddy. Padie. Steam machinery. Stoom machinede. Zinc. Zinc. V*L. xm TmAT.-187

Class 2.

HeinOnline -- 12 Stat. 1067 1855-1863

1068 I

TREATY WITH THE EMPIRE OF JAPAN. Juix 29, 1858.

Tin. Raw 9L.
.um&

Loo&.
Ruwe Zyde. Mae Dye.,-R-en regt van (85) vyf endertig per cent., zal worden betdald op alle de zinnen benevelende dranken, door distillatie, gisting, of op eenige andere wyze, bereid. Maw .Ver.-Alleen enige der voorgande klassen, niet vermelde goederen, zullen een regt van (20) twintig per cent. betalen. Behalve gouden en zilveren munt ,en koper in staven, zullon alle, in Japan, voortgebragte artikelen, die als lading, worden uitgevoerd, een regt van (5) vyf per cent. betalen. Vyf jaren na de openstelling van Kanagawa zullen de in en uitgaande regten aan herziening onderworpen zyn, indien de Japansehe regering zulks verlangt.

Clan !larme-A duty of (85)
thirty-five per cent. shall be paid on all intoxicafing liquors, whether prepared by distillation, fermentation, or in any other manner.

Chs 4

Exports

Cas our.-All goods not ineluded in any of the preceding classes shall pay -a duty of (20) twenty per cent. All articles of Japanese production, which are exported as cargo, shall pay a duty of (5) five per cent, with the exception of gold and silver coin and copper in bars. (5) Five years after the opening of Kanagawa the import and export duties shall be subject to revision if the Japanese government desires it.
TOWNSEND HARRIS. [L. 8.)

latfieatkss eeaged at

. .... A, I .

And whereas the said treaty has been duly ratified on both parts, and the respective ratifications of the same were exchanged at Washington on the 22d inst. by Lewis Cass, Secretary of State of the United States and Simme Boozen no Kami, Muragaki Awadsi no Kami, and Ogure Bungo no Kami, Evoys Extraordinary and Ministers Plenipotentiary of his Majesty the Ty-Coon of Japan, on the part of their respec ve governments : Now, therefore, be it known that I, JAMES BUCHANAN, Presilent of the United States of America, have caused the said treaty to be made public, to the end that the same, and every clauso and article thereof, may be observed and fulfilled with good faith by' the United States and the citizens thereof. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affied. Done at the city of Washington, this twenty-third day of May, in the year of our Lord one thousand eight hundred swL.]. and sixty, and of the independence of the United States of America the eighty-fourth. JAMES BUCHANAN. By the President: Lu C As, &crear of &ate

iXay

Psoamaton,
88.

HeinOnline -- 12 Stat. 1068 1855-1863

.OvETOsno

iwITH CJIuA.--Novmun 8, 1858.

O&,M

eeoen ib (Ated 12ta" and Oh'na fOr As Regulation of Novembs r,1. Trade. Coluded ovmber 8,1858.

WH L .ASa treaty of peace, amity, and commerce between the Ta Prsible Tsing Empire and the United States of America was concluded at Tientsin, and signed at the Temple of Hai-Kwang on the eighteenth day of June, in the year of our Lord one thousand eight hundred and fiftyeight, corresponding with the eighth day of the fifth moon of the eighth year of Hienfung: which said treaty was duly ratified by His Majesty the Emperor of China on the third day of July following, and which has been now transmitted for ratitcation by the President of the United States, with the advice and consent of the Senate: and whereas in the said treaty it was provided among other things that the tariff of duties to be paid by citizens of the United States on the export and import of goods from and into China shall be the same as was agreed upon at the treaty of Wang-his, except so far as it may be modified by treaties with other nations, it being expressly agreed that citizens of the United States shall never pay higher duties than those paid by the most favored nations: and whereas since the signature of the said treaty material modifications of the said tariff and other matters of detail connected with and having relation to the said treaty have been made under mutual discussions by commissionews appointed to that end by the Plenipotentiaries of China, Great Britain, and France, to which the assent of the United States of America is desired and now freely.given,'it has been determined to record such assent and agreement in the form of a supplementary treaty, to be as binding and of the same efficacy as though they had been inserted in the original treaty.
ARTioLz L The tariff and regulations of trade and transit hereunto Tambeqs attached, bearing the seals of the respective Plenipotentiaries of the attached, to be United States and the Ta Tsing Empire, shall henceforward and until duly altered under the provisions of treaties be in force at the ports and places open to commerce. In faith whereof the respective Plenipotentiaries of the United States petracting of America and of the Ta Tsing Empire, to wit, on the part of the United P .t* States, William B. Reed, Envoy Extraordinary and Minister Plenipotentiary; and on the part of the Ta Tsing Empire Kweiliang, a member of the Privy Council, Captain-Geneml of the Plain White Banner Division of the Manchu Bannermen, and Superintendent of the Board of Punishments; and Hwashana, Classical Reader at Banquets, President of the Board of Civil Office, Captain-General of the Bordered Blue Banner Division of the Chinese Bannermen, both of them Plenipotentiaries; with Ho Kwei-tsing, Governor-General of the two Kiang Provinces, President of the Board of War, and Guardian of the Heir-Apparent; Minghen, President of the Ordnance Office of the Imperial Household, with the Insignia of the Second Grade; and Twan, a titular Presi lent' of the Fifth Grade, member of the Establishment of the General Council, and one of the junior under Secret .ies of the Board of Punishments, all of them special Imperial Commissioners deputed for the purpose, have signed and sealed 'these presents. Done at Shanghai this eighth day of November, in the year of our Sigatatm. Lord one thousand eight hundred and' fifty-eight, and the Independence

HeinOnline -- 12 Stat. 1069 1855-1863

100

"OONVENTION WITH O

.&, 1NovuTflft '15

of the United States of America the eighty-third, and in the eighth year of Hienfung the tenth month and third day.WILLIAM B. REED. [sOX..] KWEILIANG. HWASHANA. HO KWEI-TSING. [sLr.3

MNGSHEN.
TWAN.

TARIFF ON IMPORTS.
T. 3L. C. 0.

port.

.0 Tarlff o n- Agar-4a,per 100cattes .........................
Asafoetida, do

1 5 0
0 6 5 0

..........................

Beeswax, yellow, per 100 eattes ..................... 1 Betelnut, do ..................... 0 Betelnut, husk, do ..................... 0 Bicho de Mar, black, do ..................... 1 Do white, do ...................... 0 Bird nests, lot quality, per catty ........... 0 Do 2d do do .................... 0 Do 8d do or uncleaned, per catty ........... 0 Buttons, brass, p gross .........................0 Camphor, baroos, clean, per catty .................... 1 Do. refuse, do .................... 0 Canvas and cotton duck, not exceeding fifty yards long, per piece .................................. 0 Cardamoms, superior, per 10 catties ................ 1 Do. inferior, or grains of Paradise, per 100 tatties 0 Cinnamon, per 100 catties ......................... 1 Clocks, 5 per cent. ad valorem. Cloves, per 100 catties ............................ 0 Cloves, mother, pdr 100 catties ...................... 0 Coal, foreign, per ton .......................... 0 Cochineal, per 100 cattles .............. ... 5 Cral,per catty ................ , ................... 0
Cordage, Manila, per 100 catties..............
..

0 0 1 5 0 7 5 0 a 5 5 5 4 5 1 5 0 5 8 0 7.2 4 0 5 5 5 1 0 0 0 0 0

'0 0 5 0 0 0 0 0 5 0 0 0 0 0 0

0 0 8 0 5 0 0
0

0 0 0

Cornelians, per 100 stones ....................... Do beads, per 100 catties .................... Cotton, raw, per 100catties ............. 6.......... Cotton piece goods, gray, white, plain, and twilled, exceeding 84 inches wide, and not exceeding 40 yards long, per piece .................................... Cotton piece goods, exceeding 84 inches wide, and exceeding 40 yards long, per every 10 yards ............ Cotton piece goods, drills and jeans, not exceeding 80 inches wide, and not exceeding 40 yards long, per piece.... Cotton piece goods, drills and jeans, not exceeding 80 inches wide, and not exceeding 80 yards long, per piece.... Coton piece goods, T cloths not exceeding 34 inches wide, and not exceeding 4Q yards long, per piece ......... Cotton piece goods, T cloths, not exeeding 84 inches wide, and not exceeding 24 yards long, per piece....... .. Cotton, dyed, tigured, and plain, not exceeding 86 inches wide, and not exceeding 40 yards long, per piece .... Cotton, fancy, white brocade and white spotted ahirtings, not exceeding 86 inches wide, avd not exceeding 40 yards long, per piece . .. ....

1 0 5 0 8 0 7 0 0 0 8 5
0 8

0 0 0 0

0 0 8 0 0

2 0 0 0

0 1

0 0 7 5 0 0 8 0

0 0 4 0 0, 1 0.1 5 0
0. 0

HeinOnline -- 12 Stat. 1070 1855-1863

COO"VE=fOx WITH (HINA.

NovxznUR 8, 1858.
T. M. C. C.

1071

Cotton, printed chintzes and furnitures, not exceeding 81
inches wide, and not exceeding 80 yards long, per piece ........................................ 0 0 7 0 Cotton cambrics, not exceeding 46 inches wide, and not exceeding 24 yards long, per piece ............... 0 0 7 0 Cotton cambrics, not exceeding 46 inches wide, and not exceeding 12 yards long, per piece ............... 0 0 8 5 Cotton muslins, not exceeding 46 inches wide, and not exceeding 24 yards long, per piece ................. 0 0 7 5 Cotton muslins, not exceeding 46 inches wide, and not ex-

Taanimpo*

eeding 12 yards long, per piece.................

0 0
2 0 0 0 2 1 7 7 5 1 0 0 4 0 2 0 1

8 5
0 0

Cotton danasks, not exceeding 88 inches wide, and not exeeeding 40 yards long, per piece ............... 0 Cotton dimities, or quiltings, not exceeding 40 inches wide, and not exceeding 12 yards long, per piece ......... 0 Cotton ginghams, not exceeding 28 inches wide, and not exceeding 80 yards long, piece ............... 0 Cotton handkerchiefs, not exceeding one yard square, per dozen ....................................... 0 Cotton fustians, npt exceeding 85 yards long, per piece... 0 Cotton velveteens, not exceeding 84 yards long ......... 0 Cottgn. thread, per 100 catties ....................... 0 Do yarmperl00catties ......................... 0 Cow bezoar, Indian, per catty ....................... 1 *oCutch, perl00eaties .............................. 0 Elephants' teeth, whole, per 100 eatties ................ 4 Do do broken, do do ................ 8 Feathers, kingfisher's, peacock's, per 100 .............. 0 Fishmaws, per 100 catties....................... 1 Fishskin, do .......................... 0 Flints, do .......................... 0 Gambler, do .......................... 0

6 5 8 5

2 5 0 0 5 0 2 0 0 0 0 0 8 0 0 0 0 0 0 0 0 0 0 0 8 0 5 0

Gamboge, do .......................... 1 Ginseng, American crude, per 100 catties.............6 Do elarified, do ............... 8 Glass, window, per box of 100 square feet ............. 0 Glue, per 100 cattes ............................... 0 Gold thread, real, per catty ......................... 1 Do imitation, per catty ..................... 0 Gum, benjamin, per 100 catties .................... 0

Do

Gum, dragon's blood do .................. Guan, myrrh do ................... Gum, olibanum do ................... Hides, buffalo and cow do ................... Hides, rhinoceros do ................... Horns, buff'alo do ................... Horns, deer do ................... Horns, rhinoceros do ................... Indigo, liquid do ................... Isinglass do ................... Lacqueredware do ................... Leather do ................... Linen, dne, as Irish or Scotch, not exceeding 50 yards long, per piece .............. ! Linen, coarse, as linen and cotton, or silk and linen mixture, not exceeding 50 yards long, per piece ....... Lucraban seed, per 100 catties ......................

oil of, per 100cattes ...................

0 6 0 0
0 0 0 0 0 0 0 2 0 0 1 0 4 4 4 5 4 2 2 0 1 6 0 4 5 5 5 5 0 2 5 5 0 8 5 0 2 0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 1 1 6 0 6

0 0 0 5 5 0 8 0

0 0 0 0 0 0 0 0

0 0

0 2 0 0 0 0 8 5

HeinOnline -- 12 Stat. 1071 1855-1863

1072

CONVENTION WITH CHINA.

Novoora 8, 1858.
T. M. 0. 0.

1 TarlWnimpof Mace ............. 0 Mangrove bark ............................. Metals, copper, manufactured, as in sheets, rods, nails, per 100catties ................................... 1 Metals, copper, unmanufactured, as in slabs, per 100 catties ......................................... 1 Metals, copper, yellow metal sheathing and nails, per 100 catties ...................................... 0 0 Metals, copper, Japan, per 100 catties ............... Metals, iron, manufactured, as in sheets, rods, bars, hoops, per 100catties ............................... 0 Metals, iron, unmanufactured, as in pig, per 100 catties.. 0 Metals, iron, kentledge, per 100 catties ............... 0 ............... 0 do wire Do ............... 0 do Metals, lead, in pigs ............... 0 do in sheets Do ............... 2 do Metals, quicksilver Metals, spelter, saleable only under regulation appended, per lOOcatties ................................ 0 0 Metals, steel, per 100 catties... .................. .. 1 do ..................... Metals, tin ........................ 0 Metals, tinplates do Mother o' pearl shel, per 100 catties................0 Musical boxes, 5 per cent. ad valorem. Mussels, dried, per 100 catties ....................... 0 ....................... 2 do Nutmegs Olives, unpickled, salted, or pickled, per 100 catties ...... 0 Opium, per 100catties ............................. 80 Pepper, black, per 100 catties ....................... 0 0 ....................... do Pepper, white ....................... 0 do Prawns, dried. ....................... 0 do Putchuck ....................... 0 do Rattans ....................... I do Rose maloes ....................... 0 do Salt fish Satpetre, saleable only under regulation appended, per 100 catties ....................................... 0 Sandalwood,perl00catties ...................... 0 0 ..................... ..... do Sapanwood 2 ......................... Sea-horseteeth do Shark's fins, black, per 100 cattles ................... 0 .................... 1 do Do white Shark's skins, per hundred .......................... 2 Silver thread, real, per catty ........................ 1 imitation,per catty ................... 0 Do. 0 Sinews, buffalo and deer, per 100 catties ............. Skins, fox, large, each .......................... 0 Skins, fox, small, each ......................... 0 Skins, marten, each ... :......................... 0 Skins, sea otter, each ............................. 1 Skins, tiger and leopard, each..................... 0 5 Skins, beaver, per hundred............... 0 Skins, doe. hare, and rabbit, per hundred............ .............. 0 do Skins, squirrel do .............. 2 Skins, and otter .............. 2 do Skins,raeoon Smaltsper hundred catties ....................... 1 Snuff, foreign, per hundred catties................. .7

0 0 0 0 8 0 5 0 0 0 0 0 9 0 0 6 0 0 1 0 0 2 2 5 0 2 2 2 4 2 2 5 1 0 8 5 8 6 1 0 1 5 4 1 0 5 5 0 8 0 5 1 0 1 5 1 0 5 5 0 0 5 2 2 7 '1 5 5 5 0 5 5 5 0 0 0 0 8 0 6 0 6 0 5 0 8 0 0 0 0 0 0 0 0 8 5 5 7 5 0 5 0 0 0 0 0 0 0 5 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 0 0 0 0 0 0 0 0 0 0

HeinOnline -- 12 Stat. 1072 1855-1863

CONVENTION WITH CHINA.
Sticklac, per hundred eatties ....................... Stockfibb, do do ........................

Novums

8, 1858.
r. X. 0. 0.

10738
0 0 Taiff on iInpor, 0

0 3 050

Sulphur and brimstone, saleable only under regulation ap0 0 0 pended ...................................... Telescopes, spy and opera glasses, looking-glasses, and mirrors, 5 per cent. ad valorem. Tiger's bones, per 100 caties .................... 0 Timber, masts and spars, hard-wood, not exceeding 40 feet each................................. 0 Timber, masts and spars, hard-wood, not exceeding 60 feet each ... .eac................................. 0 Timber, masts and spars, hard-wood, exceeding 60 feet each 1 0 Timber, masts and spars, soft-wood, not exceeding 40 feet each .................................. 0 Timber, masts and spars, soft-wood, not exceeding 60 feet each.................................... 0 0 Timber, masts and spars, soft-wood, exceeding 60 feet each Timber, beams, hard-wood, not exceeding 26 feet long and under 12 inches square, each .................... 0150 Timber, planks, hard-wood, not exceeding 24 feet long, 8500 12 inches wide, and three inches thick, per 100 ..... Timber, planks, hard-wood, not exceeding 16 feet long, 12 inches wide, and three inches thick, per 100 ..... Timber, plank, soft-wood, per 1,000 square feet ......... Timber, plank, teak, per. cubic foot .................... Tinder, per 100 cattes ............................. Tortoise shell, per catty ............................ Tortoise shell, broken, per catty ..................... Umbrellas, each .................................. Velvets, not exceeding 84 yards long, per piece ......... Watches, per pair ................................. Watches, 6mailldes k perles, per pair .............. Wax, Japan, per 100 catties ........................ Woods, camagon, per 100 catties .................... Do ebony, per 100 catties .... ............... Do garroo, per 100 catties ....................... Do fragrant, per 100 catties ...................... Do kranjee, 85 feet long, 1 foot 8 inches wide, and 1 foot thick, each .............................. Do laka, per 100 catties ......................... Do red, do do ........................ Woollen manufactures, viz: blankets, per pair .......... Woollen broadcloth and Spanish stripes, habit and medium Woollen, long ells, 81 inches wide, per chang ........... Woollen camlets, English, 81 inches wide, per chang..... Woollen carlets, Dutch, 88 inches wide, per chang.. Woollen camolets, imitation and bomazettes, per .hang .... Woollen cassimeres, flannel, and narrow cloths, per chang. Woollen lastings, 81 inches wide, per chang ............ Woollen lastings, imitation and Orleans, 84 inches wide, per chang ................................... Woollen bunting, not exceeding 24 inches wide, 40 yards long, per piece ................................. Woollen and cotton mixtures, viz: lustres, plain and brocaded, not exceeding 81 yards long, per piece ...... Woollen, inferior Spanish stripes, per chang ............ Woollen yarn, per 100 catties. .......................
cloth, 51 a 64 inches wide, per chang ........

HeinOnline -- 12 Stat. 1073 1855-1863

1074 Tadf T
oT.

CONVENTION WITH CHINA. NOTM01M 8, 1858. eTARIFF ON EXPORTS.
Alum, per 100cattes .............................. 0 Alum, green or copperas, per 100 catties .............. 0 Aniseed, star, per 100catties ..................... 0 Aniseed, broken, do do ...................... 0
K. 0.

0

4

5

1 0 0 5 0 0 2 5 0

Aniseed, oil,

do

do ........................

5
0 0 1 0 0 0 0 1 8 1 1 I 0 0 2 0 8 0 0 0 9 0 0 0 0 0 0 1

0 0 0
4 4 5 7 5 0 0 5 0 5 0 1 7 5 0 8 5 6 8 1 0 2 1 1 9 4 7 5 5 5 0 5 0 6 8 0 0 0 0 5 5 0 0 0 0 0 0 5 0 0 0 8 0 5 5 0 0 0 0 5 0 0 4 6 0 0 5 9 0 5 5 4 6 0 0 0 0 0 0 0 0 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 5 5 0 0 0 0 0 0 0 0 5 0 0 0

Apricot seeds, or almonds, per 100 cattles.; ............ Arsenic, per 100 catties ............................ Artificial flowers, per 100 cattles ..................... Bamboo ware, perl00catties. ....................... Bangles, or glass armlets, per 100 catties .............. Beans and peas, (except from New Chwang and Tang Chow,) per 100 catties ......................... Bean cake, (except from New Chwang and Tang Chow,) per 100 eatties ................................ Bone and horn ware, per 100cattles .................. Brass buttons, do .................. Brass foil, do .................. Brass ware, do .................. Brass wire, do .................. Camphor, per 100 catties ........................... Canes, per thousand ............................... Cantharides, per l00catties ......................... ......................... Capoorcutchery, do Carpets and druggets, per hundred .......... : ........ Cassia lignea, per 100 catties ...................... Casskabuds, do ........................ Cassia twigs, do ........................ Cassia oil, do ........................ Castor oil do ........................ do ......................... Chestnuts, China root, do ........................ ........................ Chinaware, fine, do Do coarse, do ....................... Cinnabar, per 100 eattes .......................... Clothing, cotton, per 100 catties .....................

0040 do ...................... Coal, Coir, do ..................... 0 1 Copper orei do ..................... 0 5 Copper sheathing, old, per 100 cattles ................. 0 5 Copper and pewter ware, per 100 catties ............. 1 1 Corals, false, per 100 eattles ..................... 0 8 Cotton, raw, do ........................ 0 8 Cotton rags, do ........................ 0 0 Cow Bezoar, per catty ............................. 0 8 Crackersflreworks, per 100 eatties .................. 0 5 Cubebs, per 100 eattles ............................ 1 5 Curiosities, antiques, 5 per cent, ad valorem. Dates, black, per 100 eatties ........................ 0 1 Dates, red,, do ........................ 0 0 Dye, green, per catty .......................... 0 8 Eggs, preserved, per thousand.................... 0 8 Fans, feather, per hundred ...................... 0 7 Fans,paper, do ......................... 0 0 Fans, paln leaf,trimmed, per thousand .............. 0 8 Do untrimmed, do .............. .0 2 Feltcuttings, perl0cattes ........................ 0 1

Do silk,

do .

.....................

10 0

0 0

HeinOnline -- 12 Stat. 1074 1855-1863

CONVENTION WITH CHINA.
Felt caps, hundred............................ per

Novmmu

8, 1858
T. I. 0.

1075 0 Tar~ffaempwal.
0 0 5 0 0 0 0 0 0 0 0 0* 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

I

2

Fungus, or agarie, per 100 catties .................... G l gal, do .................... Garlic, do .................... Ginseng, native, 5 per cent. ad valorem. Ginseng, Corean or Japan, first quality, per catty ...... Do ,do second do ...... Glass beads, per 0eatties ....................... Glass, or vitrified ware, per 100 catties ............... Grass cloth, fine, do ...............
Do coarse, do ...............

0 6 0 1 0 0 0 0 0 0 2 5 8 5 5 5 0 7 0 1 0 0
0

Ground nuts, do ............... Do cake, do . ............. Gypsum, ground, or plaster of Par, per 100 .atties ...... 0 Hair, camels, per 100 catties ........................ . 1 Hair, goats, do ........................ 0 Hams, do ........................ 0 HartaU1, or orpiment, per 100 catties .................. 0 Hemp, per 100 catties ............................. 0 Honey, do . ............................. 0 Horns, deers, young, per pair ....................... 0 Do old, per 100 catties .................... 1 IndLa ink, do .................... 4 Indigo, dry, do ................... 1 Ivory ware, per catty .............................. 0 Joss sticks, per 100 catties .......................... 0 Kittysols, or paper umbrellas, per hundred ............. 0 Lacquered ware, per 100 catties ..................... 1 Lamp wicks, do ..................... 0 Lead, red, (minium) do ..................... 0 Lead, white, (eeruse) do ..................... 0 Lead, yellow, (massicot) do ..................... 0 Leather~articles, as pouches, pures, per 100 catties . 1 Leather, green, per 100 catties ..................... 1 Lichees, do ...................... Lily flowers, dried, do ...................... 0 Lily seeds, or lotus nuts, per 100"eatties .............. 0 Liquorice, do ............... 0 Lung-ngan, do ............... 0 Lung-ngan, without the stone, do ............... 0 Manure cakes, or poudrette, do ............... .0 Marble slabs, do ................ 0 Mats of all kinds, per hundred ....................... .0 Matting, per roll of 40 yards ....................... 0 Melon seeds, per 100 catties ..................... 0 Mother o' pearl ware, per catty ..................... 0 Mushrooms, per 100 catties ......................... 1 Musk, per catty .................................. 0 Nankeen and native cotton cloths, per 100 catties....... 1 Nutgalls, per 100 catties ........................... 0 Oil, as bean, tea, wood, cotton, and hemp seed, per 100 eatties ...................................... 0 Oiled paper, per 100 catties .................... t.... 0 Olive seed, do ......................... 0 Oyster shell, a shell, per 100 catties.................0 Paint, green.... ............................ 0 Palampore, or eotton bedquilts, per hundred ............ 2 Paper, first quality, per 100 cafties ................. 0
VOL. UlL TBAT.-188

0 1 5 8 8 9 9 8 0 0 1 2 5 0 6 8 8 8 5 8 2 2 5 1 2 8 0 2 2 2 1 1 5 9 6 5 8 4 8 0 4 7 7

0 0 0

HeinOnline -- 12 Stat. 1075 1855-1863

1076

CONVENTION WITH CHINA. NovmBEzt 8, 1858.
T. K. 0. C.

raff on export& Paper, second quality, per 100 cates. .............

0

4

0. 0

Pearls, false, do .............. 2 Peel, orange, do .............. 0 Peel, pumelo, first quality, do .............. 0 Peel, pumelo, second quality, do .............. 0 Peppermint leaf, do .............. 0 8 d..o .............. Peppnt oil, Pictures and paintings, each ..................... 0 0 Pictures on pith or rice paper, per hundred ............ Pottery, earthenware, per 100 catties ................. 0 Preserve, comfits, and sweetmeats, per 100 catties ....... 0 0 Rattans, split, per 100 catties ........................ Rattan ware, do........................ 0 Rhubarb, do ........................ 1 Rice or paddy wheat, millet, and other grains, per 100 catties .................................. 0 0 Rugs of hair or skin, each ............... 0 ...... Skamshoo, per 100 catties. 0 Sandal-wood ware, per catty ........................ 0 Seaweed, per 100 catties .......................... Sesamumceed, do .......................... . 0 Shoes and boots, leather or satin, per one hundred pairs.. 8 0 Shoes, straw, per one hundred pairs .................. Silk, raw and thrown, per 100 catties ................. 10 Silk, yellow, from Szechuen, per 100 catties ............ 7 Silk, reeled from Dupions, do ............ 6 Silk, wild raw, do ............ 2 Silk, refuse, do ............ 1 Silk, cocoons, do ............ 8 Silk, floss, Canton, do ............ 4 Silk, floss, from other provinces, do ............ 10 Silk, ribbons and thread, do ............ 10 Silk, piece goods, pongees, shawls, scarfs, crape, satin, gauze velvet and embroidered goods, per 100 catties ...... 12 Silk, piece goods, Szechuen and Shantung, per 100 catties. 4 Silk, tassels, per 100 catties ......................... 10 .Silk, caps, per hundred ............................ 0 Silk and cotton mixtures, per 100 catties .............. 5 Silver and gold ware, do .............. 10 Snuff, do .............. 0 do .............. 0 Soy, Strawbraid, do .............. 0 Sugar, brown, do .............. 0 Sugar, white, do .............. 0 Sugar, candy, do .............. 0 Tallow, animal, per 100 eatties ...................... 0 Tallow, vegetable, per 100 catties ................... 0 Tea, per 100 catties ............................... 2 Tin foil, per 100 catties ............................ 1 Tobacco, prepared, per 100 catties ................... 0 Tobacco, leaf, per 100 catties......................... 0 Tortoise shell ware, per catty ........................ 0 Trunks, leather, per 100 eatties .................... 1 Turmoric, per.100 catties ........................ 0 Twine, hemp, Canton, per 100 atties ................ , 0 Twine, hemp, Soochow, per 100 catties ................ 0 Turnips, salted, per 100 catties ..................... 0 Varnish, or crude lacquer, per 100 aties ........... 0

0 8 4 1 1 5 1 1 0 5 2 8 2 1 0 1 1 1 1 0 1 0 0 0 5 0 0 8 0 0 0 5 0 9 5 0 8 4 7 1 2 2 2 8 5 2 4 1 2 5 1 1 5 1 5

0 0 5 5 '0 0 0 0 6 0 5 0 5 0 9 5 0 5 8 0 8 0 '0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 0 5 0 0 0 5 5 5 0 0 0 5 0 8 0

0 0 0 0 0 0 0 0 .0 0 0 0 0 0 0 0 0 0 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

HeinOnline -- 12 Stat. 1076 1855-1863

CONVENTION WITH CHINA. Novzmir Vermicelli, per 100 caies ..................... Vermillper 1O0aiies ................ .... Wax, white or inset, per 100 atties .................. Wood, piles, poles, and joists, each ....................
Wood, ware, per 100 eatties .........................

8, 1858.
T. I. 0. 0.

1077 8 0 TaMoUXPots. 0 0 0 0 8 0
5 0

0 2 1 0
I

1 5 5 0
1

Wool, perl00 catties .............................. 0 8 5 0 WILLIAM B. REED, (sz.".]

RULE L

Unnumeraed Goods goods. Articles not enumerated in the list of exports, but enumerated in the list of imports, when exported, shall pay the amount of duty set against them in the list of imports; and similarly, articles not enumerated in the
list of imports, but enumerated in the list of exports, when imported, will

pay the amount of duty set against them in the list of exports. Articles not enumerated in either list, nor in the list of duty free goods, shall pay an ad vaorem duty of five per cent, calculated upon their market value.
RULE I.

Duty Free Good& Go,% diy Gold and silver bulion, foreign coins, flour, Indian meal, sago, biscuit, preserved meats, and vegetables. Cheese, butter, confectionery. Foreign clothing, jewelry, plated ware, perfumery, soap of all kinds. Charcoal, firewood, candles, (foregn,) tobacco, (foregn,) cigars, (foreigs.) Wine, beer, spirits, household stores, ships' stores, personal baggage, stationery, carpetting, druggetting, cutlery, foreign medicines, and glass and crystal ware. The above commodities pay no import or export duty; but, if transported into the interior will, with the exception of personal baggage, gold and silver bullion, and foreign coins, pay a transit duty at the rate of two and a half per cent. ad vaorenm. A freight or part freight of duty free goods (personal baggage, gold and silver bullion, and foreign coins excepted) will render the vessel carrying them, though no other be on board, liable to tonnage dues.
RULE Mli.

orab d Goo&.
Import and export trade is alike prolibited in the following articles: Gunpowder, shot, cannon, fowling-pieces, rifles, muskets, pistols, and all other munitions and implements of war, and salt.
RULE IV.

Conmabnd.

Weights and Meastre.. Weightsmd In the calcuations.of the tariff the weight of a pecul of one hundred mmeaiiL catties is held to be equal to one hundred and thirty-three and one third pounds avoirdupois, and the length of a chang of ten Chinese feet to be equal to one hundred and forty-one English inches. One Chinese chii,is held to equal fourteen and one tenth inches English, and four yards English, less three inches, to equal one ch g.

HeinOnline -- 12 Stat. 1077 1855-1863

1078

CONVENTION WITH CHINA.
RULE V.

NOvnrn 8 1858.
om awsm

Restrictions relaxed on

Regarding certain Commodi ie

eresofore rd

The restrictions affecting trade in opium, cash, grain, pulse, sulphur, brimstone, saltpetre, and spelter, are relaxed under the following conditions: Opium, 1. Opium will henceforth pay thirty taels per peoul import duty. The importer will sell it only at the port. It will be carried into the interior by Chinese only, and only as Chinese ploperty; the foreign trader will not be allowed to accompany it. The provision of the treaty of Tientsin, conferring privileges by virtue of the most favored clause, so far as respects citizens of the United States going into the interior to trade or paying transit duties, shall not extend to the article of opium, the transit duties on which will be arranged as the Chinese Government see fit; nor in future revisions of the tariff is the same rule of revision to be applied to opium as to other goods. Copper eah, 0. Copper cashL - The export of cash to any foreign port is prohibited; but it shall be lawful for citizens of the United States to ship it at one of the open ports of China to another on compliance with the followlg regulation: The shipper shall give notice of the amount of cash he desires to ship, and the port of its destination, and shall bind himself, either by a bond with two sufficient sureties, or by depositing such other security as may be deemed by the customs satisfactory, to return, within six months from the date of clearance, to the collector at the port of shipment, the certificate issued by him, with an acknowledgment thereon of the receipt of cash at the port of destination by the collector at that port, who shall thereto affix his seal; or, failing the production of the certificate, to forfeit a sum equal in value to the cash shipped. Cash will pay no duty inwards or outwards but a freight, or' partfreight of cash, though no other cargo be on board, will render the vessel -carrying it liable to tonnage dues. Rice and other 8. The export of rice and all other grains whatsoever, native or forsn, eign, no matter where grown or whence imported, to any foreign port, is prohibited; but these commodities may be carried by citizens of the United States from one of the open ports of China to another, under the same conditions in respect to security as cash, on payment at the port of shipment of the duty specified in the tariff. No import duty shall be levyable upon rice or grain, but a freight or part freight of rice or grain, though no other cargo be on board, will render the vessel importing it liable to tonnage dues. Pals and 4. Pdse. -The export of pulse and bean cake from Tang-Chau and been cake, Nin-Chwang under the American flag is prohibited. From any of the other open ports they may be shipped, on payment of the tariff duty, either to other ports of China or to foreign countries. satpetre, 9u5. Saltpetre, sulphur, brimstone, and splter, being deemed by the pthur, Chinese to be munitions of war, shall not be imported by citizens of the United States save at the requisition of the Chinese government, or for sale to Chinese duly authorized to purchase them. No permit to land them shall be issued until the customs have proof that the necessary authority has been given to the purchaser. It shall not be lawful for citizens of the United States to carry these commodities up the Yang-tszKiang, or into any port other than those open on the sea-board, nor to accompany them into the interior on behalf of Chinese. They must be sold at the ports only, and, except at the ports, they will be regarded as Chinese property. Infetions of Infractions of the conditions, as above set forth, under which trade in conditions to opium, cash, grain, pulse, sulphur, brimstone, saltpetre, and spelter may* eof be henceforward carried on, will be punishable by confiscation of all the goods concerned.

HeinOnline -- 12 Stat. 1078 1855-1863

CONVENTION WITH CHINA.
RULE VL

Novunmn 8, 185&

1079

,abilty of Venl .,teringPort
For the prevention of misunderstanding, it is agreed that American .veswels bit'eof enterin vessels must be reported to the Consul within twenty-four hours, counting Port, from the time the vessel comes within the limits of the port, and that the same rule be applied to the forty-eight hours allowed by article 19 of the
treaty to remain in port without payment of tonnage dues. The limits of the ports shall be defined by the customs, with all consideration for the convenience of trade, compatible with due protection of the revenue; also, the limits of the anchorages within which lading and discharging are permitted by the customs, and the same shall be notified to the Consuls for nublie information.
RULE VII.

Lits of POf.

7ansit Dues. It is agreed that the amount of transit dues legally levyable upon merhandise imported or exported shall be one half the tariff duties, except in the case of the duty free goods liable to a transit duty of two and a half per cent. ad valorem, as provided in No. 2 of these Rules. Merchandise shall be cleared of its transit dues under the following regulations: In the case of imports. Notice being given at the port of entry from which the imports are to be forwarded inland of the nature and quantity of the goods, the ship from which they have been landed, and the place inland to which they are bound, with all other necessary particulars, the collector of customs shall, on due inspection made, and on receipt of the transit duty due, issue a transit duty certificate. This must be produced at every barrier station, and visded. No further duty will be levyable upon imports so certificated, no matter how distant the place of their destination. In the ease of exports. Produce purchased by a citizen of the United States in the interior will be inspected and taken account of at the first barrier it passes on its way to the port of shipment. A memorandum, showing the amount of the produce, and the port at which it is to be shipped, will be deposited there by the person in charge of the produce. He will then receive a certificate, which must be exhibited and vis6ed at every barrier on his way to the port of shipment. On the arrival of the produce at the barrier nearest the port notice must be given to the customs at the port, and the transit dues due thereon being paid it will be passed. On exportation the produce will pay the tariff duty. Any attempt to pass goods inwards or outwards, otherwise than in compliance with the rule here laid down, will render them liable to confiscation. Unauthorized sale in tranaituof goods that have been entered as above for a 'port will render them liable to confiscation. Any attempt to pass goods in excess of the quantity specified in the certificate will render all the goods of the same denomination named in the certificate liable to confiscation. Permission to export produce which cannot be proved to have paid its transit dues will be refused by the customs until the transit dues shall have been paid.
RULE VIM

Tranit due Amount.

Import.

mpetw

Pena1mdyr v Won o these rides.

Awdk woith the Capita
It is agreed that no citizen of the United States shall have the privi- Trade with the Capi1t. lege of entering the capital city of Peking for the purposes of trade.

HeinOnline -- 12 Stat. 1079 1855-1863

10D80

CONVENTION WITH CHINA. NovzEBzR 8, 1858.
RULE IX.

Abd litiof of tke Afeltage Fee.

feltsge bllhed

f6

It is agreed that the per centage of one tael, two mace hitherto charged, in excess of duty payments, to defray the expenses of melting by the Chinese Governmenkt, shall no longer be levied on citizens of the United States.
RULE XL

Colc'o of Duties under one System at al Pors. System of col. It being, by treaty, at the option of the Chinese Government to adopt letion Of dntls6, what means appear to it best suited to protect its revenue accruing on American trade, it is agreed that one uniform system shall be enforced at every port. The high officer appointed ly the Chinese Government to superintend foreign trade will -cc,'vdingly from time to time, either himself visit, or will send a deput- .. isit, the different ports. The said high officer will be at liberty of his own choice, independently of the suggestion or nomination of any American authority, to select any citizen of the United States he may see fit to aid him in the administration of th( Pustoms revPrevention of enue, in the prevention of smuggling, in the definition of port. undari,-q, smuggling, or in discharging the duties of harbor-master; also, in the distribution )f Lights, bea. lights, buoys, beacons, and the like, the maintenance of which shall be
cons. &. provided for out of the tonnage dues.

The Chinese government will adopt what measures it shall find requisite to prevent smuggling up the Yang-tsz-Kiang, when that river shall be open to trade. WILLIAM B. REED, [swxr,.

HeinOnline -- 12 Stat. 1080 1855-1863

CONVENTION WITH CHINA.

Novumn 8, 185&

1081

Vontvemion eween the United &Sta and China for the Adjufenent NovembrS,185& Concluded November 8,1858. of Caim.
Ix order to carry into effect the Convention made at Tien-tsin by the Preamble. High Commissioners and Plenipotentiaries respectively representing the United States of America and the Ta Taing Empire, for the satisfaction of claims of American citizens, by which it was agreed that one fifth of all tonnage, import, and export duties payable on American ships and goods shipped in American vessels at the ports of Canton, Shanghai, and Fuh-chau, to an amount not exceeding six hundred thousand taels, should be applied to that end; and the Plenipotentiary of the United States, actuated by a friendly feeling towards China, is willing, on behalf of the United States, to reduce the amount needed for such claims to an aggregate of five hundred thousand taels, it is now expressly agreed by the high contracting parties in the form of a supplementary Convention, as follows :
AxTIOLR I. That on the first day of the next Chinese year the Col- Debentures to of lectors of Customs at the said three ports shall issue debentures to the amount tac8 to 50000 amount of five hundred thousand taes, to be delivered to such persons be se; in fal as may be named by the Minister or chief diplomatic officer of the United liquidation of all of AmerStates in China, and it is agreed that the amount shall be distributed as l follows: Three hundred thousand taels at Canton, one hundred thousand Distribution. taels at Shanghai, and one hundred thousand taels at Fuh-chau, which shall be received in payment of one fifth of the tonnage, export, ond import duties on American ships, or goods in American ships at the said ports, and it is agreed that this amount shall be in full liquidation of all claims of American citizens at the various ports to this date. In faith whereof the respective Plenipotentiaries of he United States Contraftg of America and of the Ta-Tsing Empire; that is to say, on the part of padU. the United States, William B. Reed, Envoy Extraordinary and Minister Plenipotentiary, and on the part of the Ta-Tsing Empire Kweiliang, a member of the Privy Council, Captain-General of the Plain White Banner Division of the Manchu Bannermen, and Superintendent of the Board of Punishments, and Hwashana, Classical Reader at Banquets, President of the Board of Civil Office, .Captain-General of the Bordered 'Blue Banner Division of the Chinese Bannermen, both of them Plenipotentiaries, with Ho-Kwei-tsing, Governor-General of the two Kiang Provinces, President of the Board of War, and Guardian of the Heir-Apparent; Mingshen, President of the Ordnance Office of the Imperial Household, with the Insignia of the Second Grade, and Twan, a titular President of the Fifth Grade, member of the Establishment of the General Council, and one of the Junior under Secretaries of the Board of Punishments, all of them special Imperial Commissioners deputed for the purpose, have signed and sealed these presents. Done at Shanghai this eighth day of November, in the year of our Signature. Lord one thousand eight hundred and fifty-eight, and of the Independence of the United States the eighty-third, and in the eighth year of Hienfung, the tenth month and third day. WILLIAM B. REED. [szA.]

KWEILIANG.

HWASHANA.
HO-KWEI-TSING. MINGSHEN. TWAN. [sEA.]

HeinOnline -- 12 Stat. 1081 1855-1863

HeinOnline -- 12 Stat. 1082 1855-1863

CONVENTION WITH CHILE. NovmuR 10, 1858.

1083

Conmtion between tas United S&at of America and tis Republi of ONl Arbitration of Macedonian Claims. Concuded at Santiago, November 10, 1858. Rat(1ed, August 4, 185D. .FchangedOctober 15, 1859. Pro imed by th President of the United States, December 22, 1859. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Nov. 10, is.s

A PROCLAMATION.
WHaFras a convention, providing for the reference to an arbiter of the questions relative to a sum of money, the proceeds of the cargo of the brig Macedonian, between the United States of America and the Republic of Chile, was concluded and signed by their respective plenipotentiaries at Santiago, on the tenth day of November, one thousand eight hundred and fifty-eight; which convention, being in the English and Spanish languages, is, word for word, as follows: Convention between the United Convencion entre la Republica de States of America and the ReChile i los Estados-Unidos de America. public of Chile. The government of the United States of America and the government of the Republic of Chile, desiring to settle amicably the claim made by the former upon the latier for certain citizens of the United States of America, who claim to be the rightfbl owners of the silver. in coin and in bars forcibly taken from the possession of Captain Eliphalet Smith, a citizen of the United States of America, in the valley of Sitana, in the territory of the former Vice Royalty of Pern, in the year 1821, by order of Lord Cochrane, at the time Vice Admiral'of the Chilean Squadron--have agreed, the former to name John Bigler, Envoy Extraordinary and Minister Plenipotentiary of the United States of America, and the latter Don Gdronimo Urmeneta, Minister of State in the Department of the Interior and of Foreign Relations, in the name and in behalf of their respective governments, to examine said claim and to agree upon terms of arrangement just and honorable to both governments. The aforesaid plenipotentiaries, after having exchanged their fll powers, and found them in due and
VOL. XI.
TREAT,-19

Preamble.

El Gobierno de la Republica de Contraeting Chile i el Gobierno de los Estados- Partie Unidos de Am6rica, deseando arreglar amistosamente la reclanmacion cinim to be entablada por el segundo .contra el settled. primero, k nombre de ciertos ciudadanos de los Estados-Unidos que pretenden ser los legitimos duefios de la plata sellada i en barra violentamente quitada al Capitan Eliphalet Smith ciudadano de los EstadosUnidos de Amdrica, en el valle de Sitana, territorio del antigno Vireinato del Perd, en el aflo 1821, por drden de Lord Cochrane, h la sazon Vice-Almirante de Ia Eseuadra de Chile; ban convenido en nombrar, el primero 6 Don Gerdnimo Urme- Nxeptatam neta, Ministro de Estado en los Departamentos del Interior i de Relaciones Exteriores, i el segundo al Sefhor Juan Bigler, Enviado Extraordinario i Ministro Plenipotenciario de los Estados-Unidos de Amdrica, pam que A nombre de sue respectivos Gobiernos examinen dicha reclamacion i acuerden los tdrminoe de un arreglo justo i honroso pam ambos Paises Dichos Plenipotenciarice, despues de haber canjeado sue Zzcang of respectivos Plenos-Poderes i halla- powe. doles en buena i debida forma, sin-

HeinOnline -- 12 Stat. 1083 1855-1863

:1084

-1034 ONViNTW! 'WiTK HILL

bn

O88

good- form, sincerely desiring to pre,serve intact and strengthen thd friendly relations which happily exist between their respective governments, and to remove all cause of difference, which might weaken or change them, have agreed, in the name of the government which each Matter indis- represents, to submit to the arbitrapto sub- tion of his Majesty the King of Belbitreini of the gium, the pending question between King of Belgium. them, respecting the legality or illegality of the above referred to capture of silver in coin and in bars, made on the ninth day of May, 1821, by order of Lord Cochrane, Vice Admiral of the Chilean squadron, in the valley of Sitana, in the territory of the forMer Vice Royalty of Peru, the proceeds of sales of merchandise imported into that country in the brig Macedonian, belonging to the merchant marine of the United States of America. . Therefore the above-named ministers agree to name his Majesty the King of Belgium as arbiter, to decide with full powers and proceedings ex equo et bono, on the following points: Points for arFirst. Is, or is not, the claim 6ftr to decide, which the government of the United of States of America makes upon that of Chile, on. account of the capture of silver mentioned in the preamble of this convention, just in whole or in part? Second. If it be just in whole or amount. in part, what amount is the government of Chile to allow and pay to the government of the United States of America, as indemnity for the capture ? Third. Is the government of Interest. Chile, in addition to the capital, to allow interest there6n; and, if so, at what rate and froln what date is interest to be paid ? Proof upon The contracting parties further which the umpire agree that his Majesty the King of is to decide. Belgium shall decide the foregoing questions upon the correspondence which has passed between the representatives of the two governments at Washington and at Santiago, and the documents and other proofs produced during the controversy on the subject of this c~pture, and upon a

ceramente deseosos de mantener in. tactas i estreehar las relaciones amistosas quo felizmente existen entre sus respectivos Gobiernos, i de alejar todo motivo de diferencia que pudiera menos cabarlas o alterarlas, han convenido, 4. nombre.de los Gobiernos que uno i otro representan, en someter al Arbitraje de su Majestad el Rei de los Beiges la referid cuestion pendiente entre elba, sobre lejitimidad o iejitimidad del apresamiento de una suma de plata acufiada i en barra hecho el 9 de Mayo de 1821, por 6rden de Lord Cochrane, Vice-Almirante de la Escunadra de Chile, en el valle de Sitana, tern. torio del antiguo Vireinato del Perd, como procedentd dieha suma de In venta de mereaderias importadas en ese Estado 6 bordo del bergantin "Macenian," de ]a Marina de los Estados-Unidos. En consecuencia, los referidos Ministros convienen en nombrar A Su Majestad el Rei de los Belgas pare que como Arbitro decida con Plenos-Poderes i procediendo ex equo et &ono, sobre los puntos siguientes : Primero. Es o no justo en el todo o en parte el reclamo que el Gobierno de los Estadoa-Unidos de Amdrica hace al de Chile, con motivo del apresamiento de I& plats menmionada en el predmbulo de esta Convencion ? Segundo. Si es justo, en todo, o en parte, qud cantidad debe el Gobierno de Chile abonar i pagar al Qobierno .de los Estados-Unidos de Amdrica como indemnizacion por et apresamiente ? Tercero. Debe el Gobierno de Chile ademas del capital abonar intereses sobre el, i si debe, cudl es Is tam del interes i desde que fecha debe pagarse ? Las Partes Contratintes convienen ademas en que Su Majestad el Rei de los Belgas decida las siguientes anteriores cnestiones en vista de ]a correspondencia quo ha tenido luger entre los representantes de los dos Gobiernos en Washington i en Santiago i de los documentos i .otras pruebas presentadas durante ]a controversia sobre la materia de este

HeinOnline -- 12 Stat. 1084 1855-1863

CONVENTION WITH CHILE. Nov

s= 10, 1858.

1085

memorial or argument thereon to be I apresamiento .i en vista de an meiorial o alegato (arguments) sobre presented by each. Each party to furnish the arbiter ella que ambos deben presentar. Each party to with. with a copy of the correspondence Cada Parte debe suministrar al Ar- Amish &a. and documents above referred to, or bitro una copia de ]a referida cor-° m one year, &. so much thereof as it desires to pre- respondencia i documentos, o de sent, as well as with its said memo- aquella parte de ellos quo desee prerial, within one year at furthest from sentar, como igualmente Sn referido the date at which they may respec- memorial, dentro de on alo cuando tively be notified of the acceptance mas contado desde Is fecha en que respectivamente se lea notifique la of the arbiter. aceptacion del Arbitro. Clada Parte debe suministrar ia lt of papers. Each party to furnish the other
with a list of the papers to be presented by it to the arbiter, three months in advance of such presentation. And if either party fall to present a copy of such papers, or its memorial, to the arbiter, within the year aforesaid, the arbiter may make his decision upon what shall have been submitted to him within that time. The contracting parties further agree that the exception of prescription, raised in the course of the controversy, and which has been a subject of discussion between their respective governments, shall not be considered by the arbiter in his decision, since they agree to withdraw it and exclude it from the present question. Each of the governments represented by the contracting parties is authorized to ask and obtain the acceptance of the arbiter; and both promise and bind themselves in the most solemn manner to acquiesce in and comply with his decision, nor at any time thereafter to raise any question directly or indirectly connected with the subject-matter of this arbitration. This- convention to be ratified by the governments of the respective contracting parties, and the ratifications to be exchanged within twelve months from this date, or sooner, if possible, in the city of Santiago. In testimony whereof, the contracting parties have signed and sealed this agreement in duplicate, in the English and Spanish languages, in Santiago, the tenth day otra una lista de los papeles que debe presentar, con una anticipacion de tres moses 6dicha presentacion. I si algnna de las Partes de- P-rvwoa if jare de presentar una copia de esos partydoes not &e. papeles o su memorial, al Arbitro dentro del affo referido, el Arbitro podri proceder a emitir su decision en vista de lo que so le haya suministrado dentro de ee tdrmino. Las Partes Contratantes covienen Exceptiou of ademas en que ]a excepcion de prescrpcion alegada en ci curso de a controversia, i que ha sido materia de discusion entre los respectivos Gobiernos no debe considerarse por .el Arbitro en so decision, pues convienen en separarla i excluirla de Ia presente cuestion. Cado uno de los Gobiernos repre- Aceptance o sentados por las Partes Contratantes arbiter to be est6 autorizado pam pedir i obtener aked; la aeeptacion del Arbitro, i ambos and his decision se comprometen i obligan de la ma- submitted to. nera mas solemne, i someterse i cumplir con su decision, i A-no suscitar en ningn tiempo despues cuestion alguna directa o hidirectamenfe relacionada con el asunto que es matoria de este arbitraje. Esta Convencion ser ratificada Convention por los Gobiernos de las respectivas when to be atPartes Contratantes i las ratificaciones serim canjeadas dentro de doce meses contados desde esta feeha o dates, si fuere posible, en esta ciudad de Santiago. En testimonlo de lo coal las Partes Signature, Contratantes han firniado i sellado Nov. 10, 1858. esta Convenion por duplicado, on los idiomas espaffol e ingles, en Santiago, el dia dies do Novem-

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1086

CONVEN

ON WT

CHILE. "Novmizn 10, 1858.

of the month of November, in the bre do mil ochocientos cincuenta i of or our Lord one thousand eight oeho.
h and fifty-eght. JOHN BIGLER, .Pleipoi0

hMranar and .nts

[L. s.J

GERONIMO URMENETA,

plen

ciaro ad hoc. [L. .]
ILER,
.

iay of the Uned

JOHN

.]

&ates of kAnerm
GERONIMO URMENETA,

Zaoy aaordi;a and mteislr .F
Plerpoteitiary of th United

.Pkenpotean~oad Aom. [L. s.]
Exchange of ratifications,

&atia of.Amferica.

Oct. 15, 1859.

And whereas the said convention has been duly ratified on both parts, and the respective ratifications of the same were exchanged at Santiago, on the 15th of October last, by John Bigler, Envoy Extraordinary and Minister Plenipotentiary of the United States, and Geronimo Urmeneta, Minister of Foreign Relations of Chile, on the part of their respective governments : Now, therefore, be it known that I, JAMES BUCHANAN, President of the United States of America, have caused the said convention to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof I have hereunto set my band and caused the seal of the United States to be aftied. Done at the city of Washington, this twenty-seeond day of December, in the year of our Lord one thousand eight hundred [SEAL.] and fifty-nine, and of the independence of the United States . C J of America the eighty-fourth. By the President:
Lzw. Cie,

Dec. 2, 1859.

Proclamation,

&w"~aq of &ame.

HeinOnline -- 12 Stat. 1086 1855-1863

CO.VENTION WITH PARAGUAY.

FEBRxvAY 4, 1859.

1087

Convention between the United &tes of America and the RepuWa of Paragtay, relating to Clainms of the "United States and Parauay ffavigation Company." Concluded at Asunion, Februcar 4, 1859. Rat /d by the President of the United Sates, March 7, 1860. B&ohanged at Washington, March 7, 1860. Proclaimed by President of the United States, MAarch 12, 1860.
BY THE PRESIDENT OF THE UNITED STATE8 OF AMERICA: lebmary 4, 9.

A PROCLAMATION.
WHFnEAS a convention relating to the claims of the "United States and Paraguay Navigation Company," against the Paraguayan Government, was concluded between the United States of America and the Republic of Paraguay, and was signed by their respective plenipotentiaries at Asnncion on the fourth day oF February, one thou.and eight hundred and fifty-nine, the original of which convention being in the English and Spanish languages is, word for word, as follows: Special convention between the United State; of America and the Republic of Paraguay, relating to the claims of the "United Statcs and Paraguayan Navigation Company" against the Paraguayan government. His Excellency the President of the United States of America and his Excellency the President of the Republic of Paraguay, desiring to remove every cause that might interf'ere with the good understanding and harmony, for a time so unhappily interrupted, between the two nations, and now so happily restored, and which it is so much for their interest to maintain; and desiring for this purpose to come to a definite understanding, equally just and honorable to both nations, as to the mode of settling a pending question of the said claims of the "United States and Paraguay Navigation Company "-.a company composed of citi-

Premble.

zens of the United States-against the government of Paraguay, have agreed to refer the same to a special and respectable commission, to be organized and regulated by the convention hereby established between the two high contracting parties; and for this purpose they have ap-

Convencion especial entre la Re- Contracting publica del Paraguay y los Estados Paye Unidos de America relativa i las reclamaciones de Ia "Compaffia de Navegacion de los Estados Unidos -y del Paraguay," contra el Gobierno Paraguayo. Su Excelencia el Seflor Presidente de a Republica del Paraguay y Su Excelencia el Seflor Presidente de los Estados Unidos de America, deseando remover toda causa que pueda comprometer la buena inteligencia y armonia, por un momento tan desgraciadamente interrumpidas entre las dos Naciones, y ahora tan felizmente restablecidas, y que tanto les interesa mantener, y deseando &. este fin hiegar itun arreglo deflnitivo igualmente justo y honorable pare ambas naciones en cuanto 6, Ia manera de concluir ]a cuestion pendiente de las referidas reclamaciones contra el Gobierno del Paraguay de la I Compania de Navigacion de los Estados Unidos y del Paraguay," compafilia compuesta de ciudadanos de los Estados Unidos de America, ban convenido someter dicho arreglo A, a Comision especial, respetable que seri organizada y regida per Ia presente Convencion entre las dos altas partes contratan-

HeinOnline -- 12 Stat. 1087 1855-1863

1088

CONVENTION WITH PARAGUAY.

FZBRUAET

4, 1859.

Negotiatorl.

pointed and conferred full powers, tea; y para este fin ban nombrado respectively, to wit: y conferido plenos poderes respeetivamente a saber: His Excellency the President of Su Excelencia el Presidente de the United States of America upon la Republica del Paraguay al ciudaJames B. Bowlin, a special commis- dano Paraguayo, Nicolas Vasque sioner of the said United Statds of Secretario de Estado y Ministro de America, specifically charged and Relaciones Exterores de Is dicha empowered for this purpose ; and Republica del Paraguay, y Su Exhis Excellency the President of the celencia el Presidente de los EstaRepublic of Paraguay upon Sefior dos Unidos de America al Sellor Nicolas Vasquez, Secretary of State James B. Bowlin, Comisionado esand Minister of Foreign Affairs of pecial de los dichos Estados Unidos the said Republic of Paraguay ; who, de America-especialmente enearafter exchanging their full powers, gado y apoderado i este fin, quienes which were found in good and proper despues de cambiar sus plenos poform, agreed upon the following ar- deres que encontraron en buena y tiellk• debida forma convinieron en los articulos siguientes:
ARTICLE L ARTICULO L

Paraguay to respond to any decree of comnmissioners in faor of the U. 8and P. Nay. Co.

The government of the Republic El Gobierno de la Republica del of Paraguay binds itself for the re- Paraguay se obliga i ia responsasponsibility in favor of the "United bilidad que 6 favor de la "CompaStates and Paraguay Navigation lia de Navigacion de los Estados Company," which may result from

Unidos del Paraguay;" resulte del the decree of commissioners, who, it fallo de comisionados que se nomIs agreed, shall be appointed as fol- brardn en la forma convenida en el

lows.

siguiente.
ARTICLE IL

.LRTIdLO I.

to be appointed, appreciating the difficulty of agree- apreeiando la dificultad de acordarse

Commissioner

The two high contracting parties,

Las dos altas partes contratantes,

ing upon the amount of the reclamations to which the said company may be entitled, and being convinced that a commission is the only equitable and honorable method by which the two countries can arrive at a perfect understanding thereof, hereby covenant to adjust them accordingly by a loyal commission. To determine the amount of said reclamations, it is, therefore, agreed to constitute such a commission, whose decision shall be binding, in the following manner: Commisloners The government of the United 'ow appointed. States of America shall appoint one commissioner, and the government of Paraguay shall appoint another; and these two, in case of disagreement, shall appoint a third, said appointment to devolve upon a person floyalty and impartiality, with the condition that, in case of difference between the commissioners in the

sobre el monto de las reclamaciones 6. que dicha compatiia pueda ser acreedora, y estando convencidas de que una Comision es el dnico medio equitativo y honorable per el cual los dos paises puedan arrivar A una perfeeta inteligencia sobre este punto, han convenido por la presente ajustarlas en conformidad por na Comision leal. Para determinar el importe de dichas reclamaciones es pues convenido constituir tal comision, euya decision sea obligatoria en I& forma siguiente: El Gobierno del Paraguay nombrark un Comisionado, y el Gobierno de los Estados Unidos de Am;erica nombrat ottro, y estos dos, en caso de discordia, nombraran un tercero, debiendo recaer este nombramiento en persona leal d imparcial, con eaUdad de que en caso de desacuerdo de los comisionados en la elecion de un tereero en discordia los Rep-

HeinOnline -- 12 Stat. 1088 1855-1863

CONVENTION WITH PARAGUAY. choice of an umpire, the diplomatic representatives of Russia and Prussia, accredited to the Government of the United States of America, at the city of Washington, may select such umpire. The two commissioners named in the said manner shall meet in the city of Wa.,hington, to investigate, adjust, and determine the amount of the claims of the above-mentioned company, upon sufficient proofs of the charges and defences of the contending parties.
ARTICLE Il

FEBxuAur 4, 1859.

1089

resentantes Diplomatios de Russia Provision for y Prusia acreditados cerca del Gop bierno de los Estados Unidos de America en la Ciudad de Washington podran eligir a tal tereero en discordia. Los dos comisionados nombrados where to meet. en la forma referida se reuniran en la Ciudad de Washington pars investigar, adjustar y determinar el monte de las reclamaciones de la mencionada Compagii sobre pruehas bastantes de los cargos y descargos de las partes contenderas.
AETICULO III.

The said commissioners, before entering upon their duties, shall take an oath before some judge of the United States of America that they will fairly and impartially investigate the said claims, and a just deci-ion thereupon render, to the best of their judgment and ability.
ARTICLE IV.

Los dichos Comisionados, antes to take oath de entrar en sus funciones, presta-before acting. ria juramento ante algun Juez de los Estados Unidos de America de que investigar4n leal 6 imparcialmente las expresadas reclamaciones, y darin sobre ellas una decision justa con su mejor juicio y habilidad.
ARTICULO IV.

The said commissioners shall assemble, within one year after the ratification of the " treaty of friendship, commerce, and navigation" this day celebrated at the city of Assumption between the two high contracting parties, at the city of Washington in the United States of America, and shall continue in session for a period not exceeding three months, within which, if they come to an agreement, their decision shall be proclaimed ; and in case of disagreement, they shall proceed to the appointmeat of an umpire as already agreed.
ARTICLE V.

Los dichos Comisionados se re- when to meet uniran en la Ciudad de Washington and how long to Continue in seedentro de un afio despues de la ra- slon. tification del "Tratado de Amistad, Comercio, y Navegacion," celebrado en esta fecha en la Ciudad de la Asuncion entre las dos altas partas contratantes, y continuardA en sesion, per un periodo que no exceda de tres meses, dentro del cual si fallaren de aeuerdo, mu decision seri proclamada, y en caso de discordia se prooeder6. al nombramiento de un tercero, come queda convenido.

ARTICULO V.

The government of Paraguay hereby binls itself to pay to the government of the United States of America, in the city of Assumption, Paiaguay, thirty days after presentation to the government of the republic, the draft which that of the United States of America shall issue for the amount for which the two commissioners concurring, or by the umpire, shall declafe it responsible to the said company.

El Gobierno del Paraguay por Ia Paraguaywart to . _1r, _payany presente se obliga a abonar al Go- U aomm aionerd bierno de los Estados Uniidos de in favor of said America en Is Asuncion del Pam- company. guay, dentro de treinta dias de presetafse al Gobierno de I& Republica la letra que el de los Estados Unidos de America Ilegue A girar sobre la sums que los Comisionados de acuerdo, 6 per on tercero en discordia, le declarasen responsable i disha Compailia.

HeinOnline -- 12 Stat. 1089 1855-1863

1090

CONVEItTION WITH PARAGUAY. FBRUARY 4,1859.
ARTICLE VI. ARTIOULO VI.

Each party to Each of the high contracting parPay Its own on, ties shall compensate the commismissioner; both to pay the urn- sioner it may appoint the sum of pire. money he may stipulate for his services, either by instalments or at the expiration of his task. In case of the appointment of an umpire, the amount of his remuneration shall be equally borne by both contracting parties.
ARTICLE VIL

Cada una de Ias altas partes contratantes, compensard al Comisionado que llegue 6 nombrar con la suma de dinero que pediere por sus servicios sea A plazos convenidos 6 en conclusion de sus tareas. En caso de nombrarse un tercero en disoordia le paprn por mitad sus honorarios ambas partes contratantes.
ARTIOULO VIL

Convention The present Convention shall be when to be at ratified within fifteen months, or earlier if possible, by the government of the United States of Ameria and 'by the President of the Republic of Paraguay within twelve days from this date. The exchange of ratifications shall take place in Signatus, Feb. 4, 1860.

La presente Convencion ser4 ratificada dentro de doce dias por Sn Excelencia el Seffor Presidente de la Republics del Paraguay, y por el Gobierno de los Estados Unidos de America dentro de quinee meses de esta fecha, 6 antes si fiere posible. El cambio deJas ratificaciones, the city of Washington. tendri lugar en la cindad de WashIn faith of which, and in virtue ington. En fd de lo cual, y en virtud de of our full powers, we have signed nuestros plenos poderes, hemos firthe present Convention in English mado Ia presente Convencion en and Spanish, and have thereunto set Espaflol yen Ingles, y la hemos senlado con nuestros respectivos sellos. our respective seals. Done at Assumption, this fourth Fecho en Ia Asuncion el dia cuaday of February, in the year of our tro de Febrero en el affo de NuesLord one thousand eight hundred tro Seflor de mil ochimtos [ochocienand fifty-nine, being the eighty-third tos] cincuenta y nueve, el cuadrayear of the independence of the gesimo setimo do Ia Independencia United States of America, and the Nacional del Paraguay y el octagesiforty-seventh of that of Paraguay. mo tercio de la de los Estados Unidos de America. JAMES B. BOWLIN, [rSL.) NICOLAS VASQUEZ, NICOLAS VASQUEZ. SBEAL.] srexx.] JAMES B. BOWLIN.

ESeAL.]

And whereas the sald Convention has been duly ratified on both parts, the respective ratifications of the same were exchanged at Washington, on the seventh instant, by Lewis Cass, Secretary of State of the United States, and Seflor Don Jos6 Berges, Special Commissioner of the Republic of Paraguay, on the part of their respective governments: Proelamation, Now, therefore, be it known that I, JAMES BUCHANAN, President March 12, 1860. of the United States of America, have caused the said Convention to be made public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens thereof. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
ratifications, jj,,7,1M.and

Eichange of

Done at the City of Washington, this twelfth day of March, in the year of our Lord one thousand eight hundred and [snar..] sixty, and of the independence of the United States of America the eighty-fourth. JAMES BUCHANAN. By the President: LEw. CAss, SCretarV ofAwe.

HeinOnline -- 12 Stat. 1090 1855-1863

TREATY WITH PARAGUAY.

FSzMU~n

4, 1869.

1091

Zvaty of Friendshp, Ctonmem, and Navwigatio betumee dhe Unitd &ates of America and ahe .PuqWc of Paragu. Conduded at Asmacon, Febrary 4, 1859. Batifiect by the President of ahe United States, March 7, 1860. Exchanged at Was ington, Marck 7, 1860. Procamedb the Presiden of the United Staes, March 12,1860. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.
Wv" a Treaty of Friendship, Commerce, and Navigation, between the UMited States of America and the Republic of Paraguay, was coneluded and signed by their respective plenipotentiaries at Asuncion on the fourth day of February, one thousand eight hundred and fifty-nine, the original of which Treaty being in the English and Spanish languages is, word for word, as follows: A treaty of friendship, commerce, and navigation between the governments of the United States of America and of the Republic of Paraguay, concluded and signed in the city of Assumption, the capital of the Republie of Paraguay, on the fourth day of February, in the year of our Lord one thousand eight hundred and Mj-nine; the eighty-third year of the Independence of the United States of America, and the fortyseventh of that of the Republic of Paraguay. In the name of the Most Holy Trinity I The governments of the two Republics, the United States of America and of Paraguay, in South America, being mutually disposed to cherish more intimate relations and intercourse than those which have heretofore subsisted between them, and believing it to be of mutual advantage to adjust the conditions of such relations by signing a "treaty of friendship, commerce, and navigation," for that object have nominated their respective plenipotentiaries, that is to say: His Exeellney the President of the United States of America has nominated James B. Bowlin a special Commissioner of the United States of America at Assumption, and his Excellency the President of the Republic of Paragay has nominated the Paraguayan citizen, Nicolas Vasquez, Secretary,
VOL. XIL TaiEAT.-140

Februar 4,1869. Preamble.

Tratado de Amistad. Comercio y Navegaion entre los Gobieros de Ia Republica del Paraguay y de los Estados Unidos de America, bonlaIdo y firmado en la eiudaed de Is Asuncion, Capital de la Republica del Paraguay el dia cuastro de Febrero en el sido de Nuestro Seffor de mil ochocientos cineuenta y nueve el coadragesimo setimo de Ia Independencia Nacional del Paraguay y el otogesimo tercero doela de los Estados Unkdos do America. En el nombre de Is Santisima Trinidad. Los Gobiernos de las eontraotn dos Republicas del Paraguay en la Pau" America del Sur, y de los Estadoe Unidos de America, siendo mutuamente dispuestos Afomenter mas intimes relaelones y comunieaciones que las que han existido hasta ahe-" ra, entre las mismas, y creyendolo de utilidad mutua de ajustar las condiciones de tales relaciones flrmando un "Tratado de Amistad, Comercio y Xavegaeion," para este objeto ban nombrado A sus respectivos.Plenpo; tenciarios, Asaber: Su Excelencia el Presidente de Is Republic, del Paraguay ha nombra- Negowar do al Cidadano Praguayo Nicolas Vasquez, Ministro Seeretario de Estado y de Relaciones Exteriores de Is Republica del Paraguay; Y Su Exeelencia el Rreeidente de los Estados Unidos de America ha nombrado al Seftor James B.

HeinOnline -- 12 Stat. 1091 1855-1863

1092

TREATY WITH PARAGUAY.- FznMcAA

4,1859.

of State and Minister of Foreign Relations of the Republic of Paraguay ; who, after having communicated competent authorities, have agreed upon and concluded the following articles:
ARTIOLZS L

Bowlin, Comisionado Especial del Exmo. Gobierno de los Estados Unidos de America en la Asuncion; Quienes, despues de haberse comunicado competentes autorizaciones han convenido y coneluido los articulos siguientes:
ARTICULO L

Amity, &a.

There shall be perfect peace and sincere friendship between the government of the United States of America and the government of the Republic of Paraguay, and between the citizens of both States, and without exception of persons or places. The high contracting parties shall use their best endeavors that this friendship and good understanding may be constantly and perpetually maintained.
ARTIOLE U.

Habr4 perfecta paz y sincera amstad entre el Gobierno de la Republica del Paraguay y el Gobierno de los Estados Unidos de America, y ebtre los ciudadanos de an6 y otro Estado, sin exepion do personas ni de Ingares. Las altas partes contratantes aplicarin toda su atencion para que esta amistad y buena inteligencia sean manteaidas constante y perpetuamente.
ATIOULO IL

Free pVIeva,. Republic of Paraguay, in the The La Republica del Paraguay, en tIOn Of *1 Para-exercise of the sovereign right which el ejercicio del derecho soberano que pertains to her, concedes to the mer- le pertenece, concede al Pabellon .y chant flag of the citizens of the mercantil de los ciudadanos de los United States of America the free Estados Unidos de America la libre navigation of the river Paraguay as navegacion del Rio Paraguay, hasts far as the dominions of the empire los dominios del Imperlo del Brazil; of Brazil, and of the right side of y a dereeha del Parani en todo el the Paran4 throughout all its course curso Iue pertenee A la Republic, belonging to the Republic, subject to con sujecion 6 los reglamentos pollpolice and fiscal regulations of the ciales y fiscales del Gobierno Susupreme goternment of the Republic, premo de la Republica, conforme in. conformity with its concessions to tiene concedido al comercio de las the commerce of friendly nations. naciones amigas. Pueden Ilegar y They shall be at liberty, with their salir, libre y seguramente, con sus Privileges to ships and cargoes, freely and so- buques y cargamentos i todos Jos eItenB of the United Statei 1 curely to come to and to leave all lugares y puertos que van espresaParaguay. the places and ports which are al- dos; permaneeer y habitar en cualready mentioned; to remain and quier parte de dichos territorios; rese in any part of the said terri- alquilar casas y almacenes y traficar tories; hire houses and warehouses, en toda clase do productos, manufaand trade in all kinds of produce, turas y mercancis de legitimo cmanufactures, and merchandise of mercio, sujetandose A los usos y cslawful .commerce, subject to the tumbres establecidos en el pai. usages and established customs of Pueden descargar todo 6 porte de the country. They may discharge sus cargamentos en los puertos del the whole or a part of their cargoes Pilar y adonde se permits el comerat the ports of Pilar, and where cio con otras naciones, 6 seguir con commerce with other nations may be el todo 6 parte do Ia carga hasta el permitted, or proieed with the whole puerto de la Asuncion, segun el or part of their cargo to the port of capitan, duelio d otra p.ersona debiAssumption, according as the cap- damente autorizado, juzgare contain, owner, or other duly authorized Iveniente. persop shall deem expedient. I

HeinOnline -- 12 Stat. 1092 1855-1863

.TulATY wriTH Plk&0itIn the same manner shall be' treated and considered such Paraguayan citizens as may arrive at the ports of the United States of America with cargoes in Paraguayan vessels, or vessels of the United States of America.
ARTICLE IM.

i'znutAu

4, 1859.

1098 19

Do Iasr4m manera serin trata- t oltizens of dos y considerados lo ciudadanos PU.gM111 Paraguayos que llegaren Aarribar 4 los puertos de los Estados Unidos de America con cargamentos, en buques Paraguayes 6 buques de los Estados Unidos de AmericaARtTICULO IU.

The two high contracting parties hereby agree that any favor, privilege, or immunity whatever, in matters of commerce or navigation, which either contracting party has actually granted, or may hereafter grant, to the citizens or subjects of any other State, shall extend, in identity of cases and circumstances, to the citizens of the other contracting party gratuitously, if the concession in favor of that other State shall have been gratuitous, or in return for an equivalent compensation, if the concession shall have been conditional.
ARTICLE MY.

Las dos altos partes contratantes prtvrga of convienen que eualquier favor, pri- most favred navilegio 6 inmundd en lo relativo al tin. 4 & la navegacion, que comerci, cualquiera de las dos partes contratantes actualmente ha concedido 6 concediere en lo futuro 4 los ciudadanos o subditos de cualquier otro Estado se estender en identidad de casos y cireunstanias, , los ciudadano de Ia otra parte contratante gratuitamente, si la concesion en favor de aquel otto Estado hubiere side gratuita, 6 en camblo de una compensacion equivalente, si la concesion hubiere sido condicionaL
ARTIOULO xV.

No other or higher duties shall be imposed on the importation or exportation of any article of the growth, produce or manufacture of the two contracting States than are or shall be payable on the like article being the growth, produce, or manufacture of any other foreign country. No prohibition shall be imposed upon the importation or exportation of any article of the growth, produce, or manufacture of the territories of either of the two contracting parties into the territorios of the other, which shall not equally extend to the importation or exportation of similar articles to the territories of any other nation.

No se imnpondrn otros 6 mas No other or duris altos derechos 4, la importacion ni 4 h la esportacion de cuslquier articulo del producto natural, producciones 6 manufacturas do los dos Estados contratantes, que los que se pagan 6 pagaren por semejante articlo, siendo producto natural, produociones 6 manufacturas de cualquier otro pals estrangero. No se impondr& prohi- or prohiblOm, bicion alguna Ala importacion, ni i Ia esportacion de cualquier articulo del producto natural, produociones 6 manufheturas do los territorios de cualquiera de Ias dos partes contratantes en los territorios de la otra, quo no se estenderi igualmente A Ia importacion y A Is esportacion do semejantes articulos para los territorios de c;ualquiera otra nacion.
ANTIO'ULO V.

ARTIOLE V.

No other or higher duties or charges on account of tonnage, light, or harbor dues, pilotage, salvage in cue of damage or shipwreck, or any other local charges, shall be imposed in any of the ports of the territories of the Republic of Para-

No se impondrin en ninguno de los puertos do los territorios de los Estados Unidos de America A buques Paraguayos pot razon de derechos do tonelaje, fanal 6 puertos, de piloteje, de derecho de salvamento en cascs de averia, 6 naufragio

Sne subject

HeinOnline -- 12 Stat. 1093 1855-1863

1094t

TREATY WITH PARAGUAY. guay on vessels of the URWmd States of America than those payable in the same ports by Paraguayan vesi. sels, nor in the ports of the territories of the United States of America on Paraguayan vessels than shall be payable in the same ports by vessels of the United States of America.
ARTICLE TL

FBMBXYT- 4,1859.

otras ni -u altos derechos 6 impuestos, que los que se pagan en los mismos puertos por buques de los Eatados Unidos de Ameica; ni en los puertos de los territorios de la Republica del Paraguay 4, buques do los Estados Unidos de America que los que se pagaren en los misnos puerts por buques Paraguayp..
ARTIOULO TL

8 cualesquiera otrs cargas locales,

same articleyes- npon the importation . and exporta- de importacion y esportacion por importe in if .. nad0of United tion of any article which is or may States or Para- be legally importable or exportable guay. into the dominions of the United States of America and into those of Paraguay, whether such importation or exportation be made in vessels of the United States of America or in Paraguayan vessels,
. ARTICLZV]TI

Same

duties on

The same duties shall be paid

Be pagarin los mismos dereohos

cualquier articulo que se puede, use 'pudiere importar 6 esportar legalmente en los dominios del Paraguay y en los de los Estados Unidos de America, bien sea tfd importacion 6 esportacion en buques Paraguayos 6 en buques de Jos Estados Unidos de America.
ARTIOULO TIL

Todos los buques, que segun Ins What to be Ali vesses which, according to deemed vessels the laws of the United States of leyes del Paraguay, se han de eonof U.S. andwhat America, are to be deemed vessels ..... a-of the United States of America, and all vessels which, according to the laws of Paraguay, are to be deemed Paraguayan vessels, shall, for the purposes of this treaty, be deemed vessels of the United Bta* of America and Paraguayan vessels, respectively.
ARTICLE ViiL port duie

siderar como buques Paraguayos, y todos los buques que segun las eyes de los Estados Unidos de America se ban de eonsiderar como buques de los Estados Unidos do America se considerarAn pars los fines de este Tratado, como buques Paraguayos y buques de los Estados Unidos de America, respectivamente.
ARTIOULO VI1L

Imprt ad ox-

of U.for and

Paraguay.

Los cudadanos Paraguayos paCitizens of the United States of America shall pay, in territories of garn en los territorios de los Estaof the Republic of Paraguay, the same dos Unidos de America los mismos import and export duties which are dereohos de Imprtadon y esportaestablished or may be established cion establecidos 6 Aestablecer para hereafter for Paraguayan citizens. los ciudadanos de los Estado UniIn the same manner the latter shall dos de America. Asi mismo estos pay, in the United States of Ameri- pagarin en ]a Republica del Paraca, the duties which are established guay los derechos establecidos 6 4 or may hereafter be established for estableoer pars los ciudadanos Paracitizens of the United States of guayo. America.
the ARTICLE rx.' AETIOULO MK.

Prvineges of All merchants, commanders of Todos los negociantes, comanz, ships, and others, the citizens of dantes de buques, y otros ciudads. tens, &o.of each
merchants, Oldio

country 1; the each country, respectively, shall nos de cada pais respectivaipente, teor of the have full liberty, in all the territo- tendrri complets libertad, en too
other. he fl ibry n l h trio

HeinOnline -- 12 Stat. 1094 1855-1863

TREATY WITH PARAGUAY. ries of the other, to manage their own affeirs.themselves, or to commit them to the management of whomsoever they please, as agent, broker, factor, or interpreter; and they shall not be obliged to employ any other persons than those employed by natives, nor to pay to such persons as they shall think fit to employ any higher salary or remuneration than such as is paid in like cases by natives. The citizens of the United States of America in the territories of Paraguay, and the citizens of Paraguay in the United States of America, shall enjoy the same full liberty which is now or may hereafter be enjoyed by natives of each country, respectively, to buy from and sell to whom they like all articles of lawful commerce, and to fix the prices thereof as they shall see good, without being affected by any monopoly, contract or exclusive privilege of sale or purchase, subject, however, to the general ordinary contributions or imposts established by law.

FmnmARY 4, 1859.

1095

los territorios del otro, pars manejar sus proprios negocios por si mismos, 6 para encargar sn manejo A quien mejor lea parezes, como agente, corredor, factor 6 interprets; y no se les obligard t emplear ningunas otras personas que los empleados per los nativos, ni Apager las personas que tendrin A bien emplear mas sueldo 6 remuneracion, que lo que se paga en semejantes cases per los nativos. Los cindadanos del Paraguay en los territorios de los Estados Unidos de America, y los ciudadanos de los Estados Unidos de America en el Paraguay, gozardn de la misma completa libertad de que so goce ahors Sse gezare en lo futuro per le nativos de cads pais respectivameant, pans comprar de enalesquiera, como mejor les parezea, y venderles, todos los articulos de legitimo comercie, y para Ajar sue precios, segun lo juzgaren conveniente, sin que les perjudique ningun monopolio, contracto 6 privilegio exelusivo de venta 6 compra, sujetos, sin embargo, h las ontribuciones 6 impuestos generales y ordinaries, establecidos per la ly. The citizens of either of the two, Los diudadanos de cualquiera do Same subject. contracting parties In the territories las dos partes contratantes en los of the other shall enjoy full and territories de la otra, gozarAn de perfect protection for their persons complete y perfects proteecion en and .property, and shall have free sus personas y propriedades, 7 tenand open access to the courts of drin libre y fkAl acceso A, Tribulos justice for the prosecution and de. nales de Justicia para Is prosecucion fence of their just rights; they shall y defensa de sus justos dereehos; enjoy, in this respect, the same gozarAn en este respecto de los misrights and privileges as native citi- mos derechos y privilegios que res zens; and they shall be at liberty to ciudadanoes nativos, y tendrin Is liemploy, ti all cases, the advocates, bertad do emplear, en todas Bus attorneys, or agents, of whatever causas, los abgados, procuradores 6 description, whom they may think agentes de cualquier case que tenproper. gan. Abien.
ARTICLIM X.

ARTIECULO X.

In whatever relates to the police of the ports, the lading or unlading of ships, the warehousing and safety of merchandise, goods, and effects, the succession to. personal estates by will or otherwise, and the disposal of personal property of every sort and denomination by sale, donation, axohange, or testament, or in any other manner whatsoever, as also

En todo lo relativo A Ia policia de los puertos, Ala carga 6 descarga de los buques, al almacenage y seguri. dad de las mercancias, generos y efectos, i a sucesion de los bienes, muebles por testamento 6 de otro mode, y al disponer-de bienes muebles de toda clase y denominacion, por venta, donacion, permuta 6 testamonto 6 de cunalquier otro mode,

Same subjeet

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1096

TREATY WITH PARAGUAY.
with regard ) the administration of justice, the '.tizens of each contracting party shall enjoy, in the territories of the other, the same privilego, liberties, and rights as native citizens, and shall not be charged, in any of these respects, with any other or higher imposts or duties than those which are or may be paid by native citizens, subject always to the local laws and regulations of such territories.

FEDWAnuY 4, 1859.

asi como tamblen respecto A la ad. ministracion de la justicia, los ciudadance de cada parte contratante go zarin en los territories de ]a otra. de los mismos privilegios, franquicias y derechos que los ciudadanos nativos; y no se lee cargardn respecteo Acualquier de estos asuntos, otros ni mas altos impuestos 6 derechos que los quo se pagan 6 so pagaren por ciudadanos natives; sujetos siempre A las )eyes y los reglamentoe locales de diehes territories.
En easo que muriere intestado algun ciudadano de cualquiera de las dos partes contratantes en los territories de la otra parto eontratante, el Consul General, Consul 6 Vice Consul de Ia nacion A que pertenecia el difunto, 6 en su auseneia. el Representante de dicho Consul General, Consul 6 Vice Consul, se encargar, en cuanto le permitieren las leyes de eada pais, de Ia propriedad, que el difunto haya dejado, A beneficio de sus legitimos herederos y acreedores, hasta qie so nombre un albacea 6 administrador, por dicho Consul General, Consul 6 Vice Consul, 6 su Representante.
ARTIOULO XL

Provisions in In the event of any citizen of case of the death either of the two contracting parties of a citizen of one country in dying without will or testament in the territory of the territory of the other contracting the other. party, the consul-general, consul, or vice-consul, of the nation to which the deceased may belong, or, in his absence, the representative of such consul-general, consul, or vice-consul shall, so far as the laws of each country will permit, take charge of the property which the deceased may have left, for the benefit of his lawful heirs and creditors, until an executor or administrator be named by the said consul-general, consul, or vice-cons[u], -or his representative.
ARTICLE XL

Citenof each The citizen[s] of the UnitedStates country in the of America residing in the territoterritory of the ries of the Republic of Paraguay, other, to be ezerpt from com-'and the citizens of the Republic of ,lpd'ory military Paraguay residing in the United
.service, &c.

States of America, shall be exempt- en Ia Republica del Paraguay, esta-

Los ciudadanos de la Republica del Paraguay residentes en los terrntorios de los Estados Unidos de America y los ciudadanos de los Estados Unidos de America residentes

ed from all compulsory military service whatsoever, whether by sea or land, and from all forced loans or military exactions or requisitions; and they shall not be compelled to pay any charges, requisition, or taxes other or higher than those that are or may be paid by native citiZeDs.
ARTICLE XIL

rAn esentos de todo servicio militar, forzoso de cualquier clase, de mar 6 de tierra, y de todo prestamo forzoso 6 exacciones 6requisiciones militare, y no se les forzarA A pagar cualesquiera cargas, requisiciones 6 impuestos, otros, 6 mas altos. que los que se pagan, 6 se pgarwn por ciudadanos nativoc
ARTICULO XUL

be appointed.

Consuls may

Cad. uia de las dos partes conIt shall be free for each of the two contracting parties to appoint con- tratantes tendrA la libertad de nomsuls for the protection of trade, to re- brar consules para la proteccion del side in the territories of the other comercio, los cuales residirin en party; but before my [anyl consul los territories do la otra parte ; pero

HeinOnline -- 12 Stat. 1096 1855-1863

TREATY WITH PARAGUAY. shall act as such, he shall, in the Usual form, be approved and admitted by the government to which he is sent; and either of the two contracting parties may except from the residence of consuls such particular places as either of them may judge fit to be excepted. The diplomatic agents and consuls of the United States of America in the territories of the Republic of Paraguay shall enjoy whatever privileges, exemptions, and immunities are or may be there granted to the diplomatic agents and consuls of any other nation whatever; and, in like manner, the diplomatic agents and consuls of the Republic of Paraguay in the United States of America shall enjoy whatever privileges, exemptions, and immunities are or may be there granted to agents of any other nation whatever.
ARTICLE XII.

FBRuARy 4, 1859.

1097

antes de funcionar un Consul como tal, sert aprobado y admitido en la forms acostumbrada por el Gobierno Aque est4 enviado, y eualquiera de las dos partes contratantes puede esceptuar de la resideneia de Consules, aquellos lugares especiales que eualquiera de ellos juzgue conveniente que se esceptuen.
Los Agentes Diplomaticos y los Their prvile.

Consules de la Republica del Para- ga &o. guay en los territorios de los Estados Unidos de America gozardn de cualesquiera privilegios, esenciones e inmunidades que se coneeden 16 se conce4ieren alli , los Agentes Diplomaticos y Consules de eualquiera otra nacion; y del mismo modo, los Agentes Diplomaticos y Consules de los Estados Unidos de America en la Republica del Paraguay, gozarim de cualesquiera privilegios, esenciones 0 inmunidades que se conceden 6 se concedieren adfi i agentes de cualquiera otra nacion.
ANTICULO XII.

For the better security of com-

merce between the citizens of the United States of America and the citizens of the Republic of Paraguay, it is agreed that if at any time any interruption of friendly intercourse or any rupture should unfortunately take place between the two contracting parties, the citizens of either of the said contracting parties, who may be established in the territories of the other in the exercise of any trade or special employment, shall have the privilege of remaining and continuing such trade or employment therein without any manner of interruption, in full enjoyment of their liberty and prop. erty, as long as they behave peaceably and commit no offence against the laws; and their goods and effects, of whatever description they may be, whether in their own custody or intrusted to individuals or to the State, shall not be liable to seizure or sequestration, or to any other charges or demands than those which may be made upon the like effects or property belonging to native citizens. If, however, they prefer to leave the country, they

Parm mayor seguridad del comer- Provws in do entre los ciudadanos do la Re- ease of war. publica del Paraguay y los ciudadanos do los Estados Unidos de America, se conviene que si infelizmente en cualquier tiempo tuviere lugar alguna interrupcion de las relaciones de amistad, 6 algun rompimiento entre las dos partes contratantes, los ciudadanos de cualquiera de ]as mismas partes contratantes que esten establecidos en los territorios de la otra en el ejereicio de algun traflco d ocupacion especial, tendrda el privilegio de quedarse y seguir dicho trafico, d oeupacion en ellb, sin ninguna class de interr.cion en el goeo absoluto de su libertad y propriedad, mientras se porten pacificamente y no cometan infraccion alguna de las leyes; y sus bienes y efectos do cualquier clase que sean, bien que esten baJo su propria custodia, 6 conflados A particulares 6 al Estado, no estarim sujetos, 4 embargo 6 secuestro, ni 4 ningunas otras cargas 6 exfieciones, que las que puedan haoer 4 semejantes efectos 6 propieda, pertenecientes , los ciudadanos nativos. Pero si prefheren salir del pais, se le conoederL el. termino que

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148

TREATY WITH PARAGUAY. shall be allowed the time they may require to liquidite their accounts and dispose of their property, and a safe conduct shall be given them to embark at the ports wbich they shall themselves select. Consequently, in the case referred to of a rupture, the public funds of the contracting States shall never be confiscated, sequestered, or detained.
ARTICL Xr.

znituAzRY 4,

1859.

pidieren para Hquidar sus cuentas y disponer de sus propiedades y so los dari un salvo conducto para que se embarquen en los puertos que ellos mismos eligieren. Consiguientemente, en el caso indicado de una desinteligencia, los fondos publicos de los Estados contratantes nunca serin confiseados, secuestrados, 6 detenidos.
ARTIOULO XrvI.

Citizens of -either country i

The citizens of either of the two the teritory of contracting parties residing in the the other to be territories of the other shall enjoy, proteeted, &c. in regard to their houses, persons, and properties, the protection of the government in as full and ample a manner as native citizens.

To eqJoy relig- In like manner the citizens of ious lliry, each contracting party shall enjoy,

ig~hts of

ef wonhip,

in the territories of the other, full liberty of conscience, and shall not be molested on account of their religious belief; and such of those citizens as may die in the territories of the other party shall be buried in the public cemeteries, or in places appointed for the purpose, with suitable decorum and respect. The citizens of the United States of America residing within the territories of the Republic of Paraguay shall be at liberty to exercise, in private and in their own dwellings, or within the dwellings or ofices of consuls or vice-consuls of the United States of America, their religious rites, services, and worship, and to assemble therein for that purpose without hindranee or molestation.
ARTICLE XV.

Los ciudadanos de cualquiera de las dos partes eontratantes residentea en los territorios de la otra, gozarin respecto 6 Bus eswaas, personas y propiedades, de la proteccion del Gobierno, de un modo tan completo y amplio como si fueren ciudadanos nativos. De igual modo, los eiudadanos de eada parte contratante, gozardn en los territorlos de ia otra de una completa libertad dd onciencia, y do sernn molestados por motivo de sa creencia religiosa; y los de esos ciudadanos quo murieren en los territorios de la otr parte, serm entorrados en los cementerios publicos, 6 en los lugares sefalados para ese objeto, con debido decoro y respeto. Los ciudadanos de los Estados Unidos de America residentes en los territorios de ia Republica del Paraguay, tendrAn Ia libertad de ejercer privadamente y en sus proprias casas, 6 en las casas 6 oficinas de los Consules 6 Vice Consules de los Es-. tados Unidos de America los ritos, oficios y culto de an religion, y de reunirse en ellas con este objeto sin ser impedidos 6 molestados.
ARTICULO XV.

Thistrety The present treaty shall be in El presente Tratado serA valede, how long to beta force during ten years, counted from ro durante diez aftos, i contar desde

force.

the day of the exchange of the ratifications; and, further, until the end of twelve months after the government of the United states of Amer. ica on the one part, or the government of Paraguay on the other, shall have given notice of its intention to terminate the same. Notice on the The Pataguayan government ph.oPSy', shall be at liberty to address to the givenm government of the United States

el dia del canje de las ratificaciones, y ademas hasta el fin de doee meses despues quo el Gobierno Paraguayo de una parte, 6 el Gobierno de los Estados Unidos do America de la otra, diere noticia do s intencion do hacer cesar este Tratado.
dirigir al Gobierno de los Estados

El Gobierno Paraguayo poM

Unidos de America, 6 I on repne-

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TREATY WITH PARAGUAY. Pnaaur

4, 1859.

109

of America, Or to its representative sentante en la Republics del Parain the Republic of Paraguay, the gusy, a declaracion oficial accordada official declaration agreed upon in en este artiCulo. this article.
ARTICLE XTI

ARTICULO XVL El presente Tratado ser ratifies- When to be do per 8u Excelencia el .Presidente ratified.

The present treaty shall be ratified by his Excellency the President of the United States of America within the term of fifteen months, or earlier if possible, and by his Excellency the President of the Republic of Paraguay within twelve days from this date, and the ratifications shall be exchanged in Washington. In witness whereof,the respective plenipotentiaries have signed it and affixed thereto their seals. Done at Assumption, this fourth day of February, in the year of our Lord one thousand eight hundred and fifty-nine. JAMES B. BOWLIN, [swa.]

de la Republics del Paraguay dentro de doce diss, y poer Sa Excelencia el Presidente de los Estados Unidos de America dentro del ter.mino de quince meses de esta fecha, 6 antes si fuere posible, y las ratificaciones serin cangeadas en Washingtn. En testimonlo de lo cual, los 8int.res, Plenipotenciarios respectivos 1o han Feb. " 189. firmado y selado con sus sellos. Heeho en la Asuncion el din cuatro de Febrero en el silo de Rnestro Seior de mil ochocientos cincuenta y nueve.

NICOLAS VASQUEZ- [sBax.]

[LB.]
[LB.]

NICOLAS VASQUEZ,
JAMES B. BOWIN.

on the States, and Seflor Don Jos6 Berges, Special Commissioner of the Republic of Paraguay, on the part of their respective governments:

And whereas the said treaty has been duly ratified on both parts, and Exchange ot tons. the respective ratifeations of the same were exchanged at Washington, Lrtif' 7,1860. seventh instant, by Lewis Cass, Secretary of State of the United March

Now, therefore, be it known that I, JAMES BUC.HANAN, President Pinelasation, of the United States of America, have caused the said treaty to be made March 1, s. public, to the end that the same, and every clause and article thereof, may be observed and fulfilled with good faith by the United States and the citizens tbereof. . In witness whereof, I have hereunto set my hand and caused the seal of the United States to,be affixed. Done at the city of Washington. this twelfth day of March, in the year of our Lord one thousand eight hundred and sixty, [szAL.J and of the independence of the UzieW States of America the eighty-fourth. JA.M.BB JUU ,NAd.

By the President: Luw. CAss, &minef S&at&

vO.. XI. TnZAT.-142

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HeinOnline -- 12 Stat. 1100 1855-1863

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