Page:United States Statutes at Large Volume 12.djvu/1233

TREATY WITH THE DELAWARES. JULY 2, 1861. 1181 to the United States, and cause to be recorded and delivered to said Williams, as such agent, a. mortgage of the company ou the one hundred thousandiaeres of Delaware Indian lands, described in the letter of the Commissioner of Indian Aifairs to the Secretary of the Interior, of May 29th, 1§61 ; such mortgage to contain all the conditions prescribed in the paper signed by the President of the United States, of June 10th, 1861, the terms of which are hereby accepted by the company. I hereby certify that at a meeting of the Board of Directors of the Leavenworth, Pawnee, and Western Railroad Company, held at the ofliee of A. J. Isaeks, in the city of Leavenworth, in the State of Kansas, on the 1st day of July, 1861, the foregoing proceedings were had and recorded on the journal of the company; and that the same is a true and correct transcript of the same from the journal of said company. In testimony whereof, I hereunto sign my name and atiix the ofhcial seal of the company. [SEM"] THOS. S. GLADDING, Secretary L. R 4 PK R. R. Oo. Whereas, by the treaty of Sarcoxieville, amended by the United States B¤ilr¤¤<1 com- Senate, and finally ratitied by the• President of the United States on the £::gs°°au°"f°:":°:b 22d day of August, 1860, a principal object of both parties was the cou- gage, struction of a certain contemplated railroad therein named; and_to that end the Leavenworth, Pawnee, and Western Railroad Company were to pay into the United States Treasury, in gold or silver coin, a. sum of money, afterwards ascertained to be $286,742,1,%, as the appraised value of certain lands in Kansas belonging to the Delaware tribe of Indians; which sum of money, after expanding a sudicient part of it to enable the Indians to commence agricultural pursuits under favorable circumstances, was to be, by the President for said Indians, invested in safe and pmlitable stoeks: And whereas the said railroad company is not able to pay said sum of money within time, according to said treaty; and whereas the President is of opinion that it is not for the interest of either party that said object of the treaty shall fail, but not knowing what would be the desire of said Indians on this point, nor knowing whether any part of said sum would be needed to enable the Indians to commence agricultural pursuits under favorable circumstances, but supposing it probable that no part of it would be so needed, as said Indians now have over fifty thousand dollars lying idle in the United States Treasury: Therefore-- It is directed by the President that said Railroad Company may execute their bonds, with interest-warrants or coupons attached, according to the forms hereto annexed, the principal of which bonds shall amount to the aggregate sum of $286,742,1,},, and deposit the same with Archibald Williams, of Kansas, hereby appointed to receive and receipt for the same, to be by him transmitted to the Commissioner of Indian Affairs for the use of said Indians; and also shall, in due and proper form, execute a mortgage upon one hundred thousand acres of the land contemplated in and by said treaty to aid in the construction of said railroad, the said one hundred thousand acres to be the lands designated in the letter of the Commissioner of Indian Afairs to the Secretary of the Interior, dated May 29, 1861 ; said mortgage to be conditioned for the full payment of said bonds, both as to interest and principal, and that on any failure to pay either when due all right and interest of said Railroad Company in and to said mortgaged land, and also to all such of said land not mortgaged as shall not at that time be earned and patented according to said treaty, shall be forfeited, and said land again become the absolute property of the United States in trust for said Indians; and said mortgaged lands to be in no event patented to said until said bonds, principal