1102 TREATY WITH THE `WINNEBAGO INDIANS. Arm!. 15, 1859. lar and compact a body as possible, and so as to admit of a distinct and well-defined exterior boundary, embracing the whole of them and any intermediate portions or parcels of land or water not included. in or made part of the tracts assigned in severalty. Any such intermediate parcels of land and water shall be owned by the Winnebagoes in common; but in case of increase in the tribe, or other cause, rendering it necessary or expedient, the said intermediate parcels of land shall be subject to distribution and assignment, in severalty, in such manner as the Secretary Whole to be of the Interior shall prescribe and direct. The whole of the lands as—
- “P"¤”*h° signed or unassigned in sevemlty, embraced within the said exterior
b°g°r°w` boundary, shall constitute and be known as the Wiiinebago reservation,
within and over which all laws passed or which may be passed by Congress regulating trade and intercourse with the Indian tribes shall have Whites ******0 full force and effect. And no white person, except such as shall be in '°s*d° m°r°°°` the employment of the United States, shall be allowed to reside or go upon _ _ _ any portion of said reservation, without the written permission of the- Suwlggfgpeléggr perintendent of Indian Affairs, or of the agent for the tribe. Said division wagon of gem,. and assignment of lands to the Winnebagoes in severally shall be made un- '·¤¤’V<>U¤*¤1‘l¤f· der the direction of the Secretary of the Interior, and when approved by . O°’“°“*°° *° him shall be final and conclusive. Certificates shall be issued by the "°u°` Commissioner of Indian Affairs for the tracts so assigned, specifying the names of the individuals to whom they have been assigned, respectively, and that they are for the exclusive use and benefit of themselves, their _Notwbe as- heirs, and descendants. And said tracts shall not be alienated in fee, "g“°d “°l""*&°‘ leased, or otherwise disposed oi] except to the United States, or to other members of the tribe, under such rules and regulations as may be prescribed by the Secretary of the Interior; and they shall be exempt from taxation, levy, sale, or forfeiture, until otherwise provided for by Congress. Prior to the issue of said certificates, the Secretary of the Interior shall make such rules and regulations as he may deem necessary and expedient respecting the disposition of any of said tracts, in case of the death of the person or persons to whom they may be assigned, so that the same shall be secured to the families of such deceased persons; and should any of the Indians to whom tracts shall be assigned abandon them, the said Secretary may take such action in relation to the proper disposition thereof as in his judgment may be necessary and proper. C¤¤‘¤1i¤ l¤¤d¤ ARTICLE II. For the purpose of procuring the means of comfortably may b° wld' establishing the Winnebagoes upon the lands to be assigned to them in severalty, by building them houses, and by furnishing them with agricultural implements, stock animals, and other necessary aid and facilities for commencing agricultural pursuits under favorable circumstances, the lands embraced in that portion of their reservation not stipulated to be retained and divided, as aforesaid, shall be sold, under the direction of Mode of Sale. the Secretary of the Interior, in parcels not exceeding one hundred and sixty acres each, to the highest bidder, for cash; the sales to be made upon sealed proposals to be duly invited by public advertisement. And should any of the tracts so to be sold have upon them improvements of any kind which were made by or for the Indians, or for government purposes, the proposals therefor must state the price for both the land and improvements. And if, after assigning to all the members of the tribe entitled thereto their proportions of land in severalty, there shall remain a. surplus of that portion of the reservation retained for that purpose, outside of the exterior boundary line of the lands assigned in severalty, the Secretary of the Interior shall be authorized and empowered, whenever he shall think proper, to cause such surplus to be sold in the same manueras the other lands to be so disposed of, and the proceeds thereof to be paid over to the Winnebagoes, or used and applied for their benefit in such manner as he shall deem to be best for them.
