Page:United States Statutes at Large Volume 12.djvu/1185

TREATY lVITH THE DELAWARE INDIANS. MAY 30, 1860. 1133 boundary of the Delaware reservation. And if the said company shall fail or neglect to construct either the first or second sections of the road, or having constructed the first section and fail to complete the second section within a. reasonable time, they shall forfeit to the United States all right to the lands not previously patented, and the certificate of purchase shall be deemed and considered cancelled. And provided further, That in In case or gm. case the said company shall fail to make payment for the lands or fail to '“`°* &°· °“'E_" construct the road, as hereinbefore stipulated, within a reasonable time, gt-Qgatggm the surplus. lands shall be disposed of by the Secretary of the Interior, at public auction,1n quantities not exceeding one hundred and sixty acres; but, in no case for a sum less than the appraised value, the net proceeds to be applied in the same manner as hereinbefore specified: And provided Railroad toss!] further, That the said railroad company shall, finally, and in good faith, 1°"d” wmdn ’°" sell and dispose of all said lands within seven years after receiving the Bu yu"' patent therefor, except what may be necessary for railroad purposes; and in default thereof so much thereof as may remain undisposed of shall revert to the Delaware nation, to be disposed of as is herein provided for other forfeited lands. “Attest: ASBURY DICKINS, Secretary." And whereas the foregoing amendment having been fully interpreted Amendment and explained to the chiefs and headmen of the Delaware tribe aforesaid, wwwd W- they did thereunto, on the twenty-first day of July, one thousand eight hundred and sixty, give their free and voluntary assent in the words and figures following, to wit: We the undersigned chiefs, councillors, and headmen of the tribe of Delaware Indians on behalf of said tribe, now in full council assembled, having had fully explained to us the amendment made on the 27th day of June last, by the Senate of the United States, to the treaty made and concluded on the 30th of May last, at Sarcoxieville, on the Delaware reservation, by Thomas B. Sykes, commissioner on the part of the United States, and the` following named chiefs of the Delaware tribe of Indians, viz : John Connor, head chief of the whole tribe; Sar-oox·ie, chief of the Turtle band; Rock-a-to-wha, chief of the Turkey band, and assistant to the said head chief, chosen and appointed by the people; and James Connor, chosen by the said chiefs as delegate, which amendment is in the following words, viz: AMENDMENT. » At the end of article third add: It being the intent and meaning of the Delawares, in consenting to the sale of their surplus lands to said compariy, that they should, in good faith, and within a reasonable time, construct a railroad through their reservation, and to carry out this intent, as well as to secure so great a public convenience, it is agreed that no patent shall issue for any of these lands, nor shall the sale be binding upon the Delaware Indians nor the United States until the Secretary of the Interior shall be fully satisfied that a line of twenty-five miles of the road from Leavenworth City shall have been completed and equipped, when a patent shall issue for one-half of the ascertained quantity. The patent for the residue to issue only when the said Secretary shall be satisfied that the road has been in like manner completed and equipped to the western boundary of the Delaware reservation. And if the said company shall fail or neglect to construct either the first or second sections of the road, or having constructed the first section and fail to complete the second section within a seasonable time, they shall forfeit to the United States all right to the lands not previously patented, and the certificate of purchase shall be deemed and considered cancelled. And provided further, That in case the said company shall fail to make payment for the lands, orfml to construct the road, as hereinbefore stipulated, within a reasonable time,