Page:United States Statutes at Large Volume 7.djvu/575

ARTICLES OF A TREATY Crmclzided at the city of Saganaw in Jllichigan, on the twenty- rm gg, ;838_ third day ry` January eighteen hundred and thirty-eight, between T"""f" · - . . . roclemanon, the United States if America, by the undersigned commissioner, July 2, 1838, and the several bands of the Chqzpewa nation comprehended within the district if Saganaw. Wnnanas the chiefs of said bands have represented, that combine- pmmb;8 tions of purchasers may be formed, at the sale of their lands for the purpose of keeping down the price thereof, both at the public and private sales, whereby the proceeds would be greatly diminished; and whereas, such a procedure would defeat some of the primary objects of the cession of the lands to the United States, and thereby originate difficulties to their early removal and expatriation to the country west of the Mississippi; and whereas, full authority has been given to the undersigned, respectively, on the part of the United States, and the said bands, to conclude and settle every question connected with the sale and cession aforesaid; Now therefore, to the end, that justice may completely ensue, the objects of both the contracting parties be attained, and peace and friendship be preserved with said tribes, it is mutually agreed as follows: ARTICLE 1st. The lands ceded by the treaty of the 14th of January Lands ceded 1837, shall be offered for sale, by proclamation of the President, and §Y‘*°“'Y °fl4,;h the sale shall be conducted in the same manner, as the laws require Ogggggigg glee other lands to be sold. But it is provided, That all lands brought into by proclamamarket, under the authority of said treaty, shall be put up for sale by "?,“· the register and receiver of the respective land office, at five dollars per ArT1S0’5(,8 acre, which is hereby declared to be the minimum price thereof; and H 9’p` "' ' if this price is not bid the sales shall be stopped: nor shall any such lands be disposed of, either at public or private sales, for a sum less than five dollars per acre, for, and during the term of two years from the commencement of the sale. Should any portion of said lands remain unsold at the expiration of this time, the minimum price shall be diminished to two dollars and fifty cents per acre, at which price they shall be subject to entry until the whole quantity is sold: Provided, Proviso. That if any part of said lands remain unsold at the expiration of five years from the date of the ratification of this treaty, such lands shall fall under the provision of third article of this treaty. ARTIGLE 2nd. The survey and proclamation of sale shall apply, as [This article well to the reserves on the river Angrais, and at Rifle river, of which Smcliien Oulid said Indians are to have the usufruct and occupancy for five years, as to §;,;,s8,,???,;n ' the other lands ceded: but the sales shall be made subject to the incum- ratification.] brance of such right of occupancy by the Indians, nor shall any lands thus sold be entered upon, until the full end and term of said five years, without the consent of said Indians, publickly obtained, at the office of the proper superintendent, agent or sub-agent, of such tribe or band; which consent shall be expressed by the certificate of such officer, delivered to the purchaser. And to enable such officer to act understandingly, in the discharge of this duty, a plat of the survey of such reservations, shall be furnished for the use of his office. Anrrcnm 3rd. To provide against the contingency of any of said lands remaining unsold, and to remove any objectionsntpi emigrating, on the .~· (565)