dren to be taught reading, writing, arithmetic, gardening, agriculture, carding, spinning, weaving, and sewing. Cost not to exceed $3,000. School to be inspected by Governor of Illinois, general superintendents of Indian affairs, agents, army officers of or above the rank of major, also the commanding officer at Fort Crawford. (Art. 4.) Twenty-five hundred dollars to be expended for twenty-seven years for six agriculturalists, oxen, agricultural implements, etc. Rock River Winnebagoes, 1,500 pounds of tobacco. Physician at Prairie des Chiens and Fort Winnebago, $200 per annum. (Art. 5.) Blacksmith shop at Rock River to be removed to reservation. (Art. 6.) Sixty thousand rations to be issued in thirty days to aid in removal. (Art. 7.) Sum of $1,082.50 in debts of individuals paid. (Art. 8.) Payment of annuity suspended until certain Indians accused of murder are delivered up. (Art. 9.) Grants to be patented to certain Winnebagoes. (Art. 10.) No Winnebago to reside, hunt, fish, or plant on ceded territory after eight months. (Art. 11.) Treaty obligatory when ratified. (Art. 12.)

Proclaimed February 13, 1833.1

Treaty with the Winnebagoes, made at Washington, November 1, 1837.

Indians cede all land east of Mississippi. · (Art. 1.) Agree to relinquish the right to occupy, except to hunt, on that portion of the land held by them lying east of a line drawn 20 miles west of the Mississippi. Their title to said tract not invalidated thereby. (Art. 2.) Indians agree to remove west of the Mississippi within eight months. (Art. 3.) Sum of $200,000 to be paid for debts; $100,000 paid to relatives of said Indians not having less than one-quarter Indian blood; $7,000 for removal; $3,000 in gifts to chiefs and delegates; $47,000 in goods on ratification of treaty; $10,000 in provisions, and same amount in horses; $3,000 to erect a grist-mill; $10,000 for breaking, fencing ground, and $10,000 for expenses of treaty and exploring party to country south-west of Missouri. Proceeds from land, to amount of $1,100,000, invested at 5 per cent. Of interest, $2,800 for education, $500 for interpreter, $600 for miller, $500 for agricultural implements, $600 for medical supplies; above sums to be expended for twenty-two years and longer, at the discretion of President. President may discontinue above allowances and pay money to Winnebagoes. Remaining $50,000 paid as follows: $10,000 in provisions, $20,000 in goods, $20,000 in money. (Art. 4.) Services, supplies, and payments required by existing treaties to be henceforth null and void. (Art. 5.) Treaty binding when ratifled. (Art. 6.) Proclaimed June 15, 1838.*

Treaty with the Winnebagoes, made at Washington, October 13, 1846.

Peace to be maintained. (Art. 1.) Indians cede all right to lands wherever sitnated in the United States, including tract assigned by treaty of September 15, 1832. (Art. 2.) United States to purchase and give to said Indians a tract north of St. Peters and west of Mississippi River, of not less than 800,000 acres, suitable to their habits, wants, and wishes, provided such land can be obtained on just and reasonable terms. (Art. 3.) United States to pay $190,000, as follows: $40,000 to enable them to comply with their present just engagements, and to explore and select their new home; $40,000 for removal and subsistence first year; $10,000 for breaking and fencing land under the direction of the President; $10,000 for one or more manual labor schools; $5,000 for saw and grist mill. The balance, $85,000, to remain in trust, 5 per cent. interest to be paid for thirty years, which shall be in full payment of said balance. No part of moneys to be paid until after arrival of Indians at their new home and appropriations shall have been made by Congress. (Art. 4.) Indians to remove to new home one year after ratification of treaty. (Art. 5.) President may, at his discretion, direct $10,000 per annum to be applied to provisions or other purposes. (Art. 6.)

Proclaimed February 4, 1847.3

1 United States Statutes at Large, Vol. VII, p. 370. 2 Ibid., p. 544. 3 Ibid., Vol. IX, p. 878.

Treaty with the Winnebagoes, made at Washington, February 27, 1855.

Indians cede their right to the tract of 897,900 acres lying north of St. Peter's River, and west of the Mississippi River. Mill and improvements made by or for Indians to be appraised and sold at public sale for not less than appraised value. (Art. 1.) Sum of $70,000 paid and a tract of 18 miles square on Blue Earth River granted as their permanent home, to be selected by agent and delegation of Winnebagoes when necessary appropriations have been made. Said tract not to approach nearer the Minnesota River than La Serrer fork of the Blue Earth River. (Art. 2.) Moneys received from sale of improvements and sums stipulated in article 2, to be expended, under direction of President, in removing Indians to their new home, including those severed from the tribe living in Kansas and Wisconsin, and in breaking, fencing, building houses, purchase of stock, etc. Winnebagoes to remove to their home immediately after selection is made. (Art. 3.) Reservation to be surveyed and allotted; 80 acres to head of family or single person over twenty-one years. As Indians become capable of managing their own affairs patents to be issued and tract exempt from taxation or forfeiture until otherwise provided by Legislature of the State with the consent of Congress. Lands not to be alienated within fifteen years after date of patent, and then not without consent of President. President to make rules regulating descent of property. Should tracts be abandoned the President may take such action as he deems proper. (Art. 4.) All unexpended balances under former treaties for schools, interpreter, blacksmiths, etc., also $10,000 set apart by treaty of October 13, 1846, for manual school, to be expended in opening farms, building houses, and purchase of stock. Stipulations in former treaties concerning expenditures of money for specific purposes so modified as to give President power to expend such sums as he deems best calculated for improvement of Indians. (Art. 5.) Annuities not to be taken for private debts. (Art. 6.) Missionaries and other authorized persons residing on ceded lands to have privilege of entering 160 acres, including improvements, at $1.25 per acre. Mixed-bloods, heads of families, having residences and improvements on ceded lands to be granted 80 acres in fee, including improvements, but not to include the Government or other Indian improvements. (Art. 7.) Laws regulating trade and intercourse and prohibiting sale of ardent spirits to apply to the new reservation. (Art. 8.) Right of way for roads authorized by law. Just compensation to be made to Indians. (Art. 9.) Winnebagoes not to commit depredations on any person, to maintain order, become industrious, educate their children, and abstain from intoxicating drinks. Those violating these stipulations, the President may refuse benefits provided in this treaty. (Art. 10.) This treaty to be in lieu of unratified treaty made August 6, 1853, to the Senate amendments of which the Indians refused to give their assent. (Art. 11.) Expense of delegation paid by the United States. (Art. 12.) Treaty binding upon ratification. (Art. 13.)

Proclaimed March 23, 1855.1

Treaty with the Winnebagoes, made at Washington, April 15, 1859.

Eastern portion of reservation set apart and assigned in severalty; head of family 80 acres; 40 acres to each male eighteen years old and over; 160 acres for use of agency. Allotments to be compact, to admit of a well-defined exterior boundary. Intermediate parcels to be owned in common. The whole within the boundary to be known as the Winnebago Reservation. No white person to reside thereon without written permission of superintendent or agent. Certificates of allotment to be issued. (Art. 1.) Lands not included within said reservation to be surveyed and sold in tracts not exceeding 160 acres. Any improven ents on tracts sold to be paid for. Any surplus lands remaining after the division in severalty, Secretary of Interior may authorize their sale. Proceeds to be applied to purchase of stock, implements, etc., for the Indians. (Art. 2.) Debts of the tribe found valid by Secretary of the Interior

1 United States Statutes at Large, Vol. X, p. 1172.

to be paid from proceeds of sales. (Art. 3.) Should proceeds be insufficient to enable the Indians to sustain themselves by agricultural and industrial pursuits, additional means may be taken from moneys due under former treaties, to be expended under direction of Secretary of Interior. President, with assent of Congress, has power to modify provisions of former treaties, as he may judge necessary for the welfare of the Indians. (Art. 4.) All Winnebagoes to be notified and induced to rejoin the tribe and have the benefits of provisions of this treaty. Those who do not unite themselves within one year not entitled to benefit of any of these stipulations. (Art. 5.) Expenses of treaty defrayed out of funds of Winnebagoes. (Art. 6.) Proclaimed March 23, 1861.1

Act of Congress, February 21, 1863.o

President authorized to assign to Winnebagoes tract of land beyond the limits of any State equal to their diminished reservation, which shall be adapted for agricultural purposes. President to take steps for the peaceful removal of said Indians from Minnesota and settle them upon the lands to be assigned. (Sec. 1.) Upon removal of Indians, Secretary of the Interior to cause lands to be appraised and the improvements separately appraised. No one to settle upon lands without paying the value of improvements. (Sec. 2.) Land to be purchased as prescribed. (Sec. 3.) Lands set apart for the payment of debts of said Indians to be sold as prescribed. Proceeds after payment of debts to be expended under the direction of the Secretary of the Interior in improvement on new reservation. Secretary to allot the Indians in severalty 80 acres to heads of families other than chiefs, who shall receive larger allotments when made. Land to be patented forever without the right of alienation. (Sec. 4.) Annuities to be expended at the discretion of the President as may best advance the Indians in agricultural pursuits. Reasonable discrimination to be made in favor the chiefs faithful to the United States. Indians to be subject to the laws of the United States and criminal laws of State in which they reside, and subject to rules prescribed by the Secretary of the Interior. Shall be deemed incapable of making any valid civil contract with any person other than native member of the tribe without consent of President. Secretary to make provision for education. (Sec. 5.)

Old Winnebago Reserve.

USHER'S LANDING, DAK., July 1, 1863. SIR: With this report I transmit a plat and field-notes of the surveys made for the Sioux and Winnebago Reservations by Mr. Powers, and to which I desire to call your attention.

The reservation for the Winnebago Indians is bounded as follows, to wit: Beginning at a point in the middle channel of the Missouri River where the western boundary of the Sioux of the Mississippi Reserve intersects the same; thence north and through the centre of the stockade surrounding the agency buildings of the Sioux of the Mississippi and Winnebago Indians, and along said boundary line to the north-west corner of said Sioux Reserve; thence along the northern boundary of said Sioux Reserve 10 miles; thence due north 20 miles; thence due west to the middle channel of Medicine Knoll River; thence down said river to the middle channel of the Missouri River; thence down the said channel to the place of beginning.

(See Annual Report of Indian Office for 1863, p. 318, and also Statutes at Large, Vol. XV, p. 636, Art. 2.)

Treaty with the Winnebagoes, made at Washington, March 8, 1865.

Winnebagoes cede and sell all their right in their reservation at Usher's Landing, Dakota. Metes and bounds on file in the Indian Department. (Art. 1.) In consideration of cession and valuable improvements thereon the United States sets apart for the occupation and future home of Winnebagoes forever, the lands ceded by Omahas March 6, 1865. (Art. 2.) In further consideration of the cession, and in order that the Winnebagoes may be as well settled as when they removed from Minnesota, United States to erect steam saw and grist mill, break and fence 100 acres for each band, and supply seed to plant the same. Also $2,000 worth of guns, 400 horses, 100 cows, 20 yoke of oxen and wagons, two chains each, $500 in agricultural implements in addition to those on the reservation hereby ceded. (Art. 3.) Also agency buildings, school-house, warehouse, buildings for physician, interpreter, miller, engineer, carpenter, and blacksmith, and house, 18 by 24 feet and one and one-half stories high, substantially finished, for each chief. (Art 4.) United States to remove Winnebagoes and subsist them for one year after arrival. (Art. 5.)

Amended February 13, 1866; amendment accepted February 20, 1866; proclaimed March 28, 1866.1

Act of Congress, July 15, 1870.*

Secretary of the Interior to investigate claims of Winnebagoes lawfully residing in Minnesota. To issue patents without the right of alienation to those allotted under provision of treaty of April 15, 1859; also such lands which may not have been disposed of by the United States under the act of February 21, 1863. In case of such sale such lands may hereafter be designated by them for allotment as aforesaid out of any unsold lands within the limits of said Winnebago Reservation in Minnesota, and should it be impracticable to make such allotments within the limits of said reservation on good agricultural lands, then they may be made on any public lands of the United States subject to sale at private entry within the State of Minnesota. And the said Winnebago Indians, and all other members of said tribe lawfully residing in the State shall hereafter be entitled to receive their pro rata distributive proportion of all annuities in goods or money, and any other moneys to which said tribe is or may be entitled under any law or treaty now in force at their homes in Minnesota the same as though they had moved west and settled with the western Winnebagoes. (Sec. 9.) Any of said Indians desiring to become citizens shall make application to the judge of the United States district court for the district of Minnesota, and in open court make proof and take the same oath of allegiance as required by law for the naturalization of aliens, and also make proof to the satisfaction of the court that they are sufficiently intelligent and prudent to control their affairs and interests, that they have adopted the habits of civilized life, and have for five years past supported themselves and their families, whereupon they shall be declared to be citizens of the United States, which declaration shall be entered of record and a certificate thereof given to each party. On presentation of the certificate with satisfactory proof of identity, the Secretary of the Interior may at the request of such person or persons cause their land to be conveyed to them by patent in fee-simple with power of alienation, and cause to be paid to them their proportion of all moneys and effects of said tribe held in trust by or under the provision of the treaty or law of the United States. Such patents being issued and payment ordered, such persons shall cease to be members of said tribe, and the lands so patented shall be subject to lawful taxation and sale in like manner with property of other citizens. (Sec. 10.)

United States Statutes at Large, Vol. XIV, p. 671. 2 Ibid., Vol. XVI, p. 361.

By act of April 3, 1874, the Secretary of the Interior was authorized to remove the Wisconsin Winnebagoes from their present homes in that State to the irreservation in Nebraska, and the unexpended balance of $36,000 appropriated by act of May 29, 1872, section 6, to be used for their removal and subsistence.

An act of Congress, June 22, 1874, authorized the purchase "from the Omaha Indians in Nebraska of such quantity of land, not exceeding 20 sections, as may be required for the use of the Winnebagoes in Wisconsin, and for improvements on their reservation, to be appropriated from the residue of the $1,100,000, provided to be set apart for the Winnebagoes by the fourth article of the treaty with those Indians, November 1, 1837." The Winnebagoes to consent to said purchase.

An act for the relief of the Winnebago Indians in Wisconsin, and to aid them to obtain subsistence by agricultural pursuits, and to promote their civilization, January 18, 1881.3

Whereas a large number of Winnebago Indians of Wisconsin have selected and settled in good faith upon homestead claims under section 15, act of March 3, 1875, and said Indians having signified their desire and purpose to abandon their tribal relations and adopt the habits and customs of civilized people, but are unable to do so from poverty;

Whereas a portion of the fund belonging to said Indians and accruing under act of June 25, 1864, amounting to $90,689.93, is now in the Treasury of the United States to their credit;

Whereas the major portion of the said fund, together with the $100,000 of the principal fund of the tribe has been expended for the benefit of the Winnebago Indians residing in Nebraska;

Whereas the location of the Winnebago Indians of Wisconsin has under the act of March 3, 1875, become permanent;

Therefore, the Secretary of the Interior is authorized to enroll on separate lists, first, all Winnebago Indians drawing annuities, on the reservation in Nebraska; second, all Winnebago.Indians now residing in Wisconsin. (Sec. 1.)

Upon completion of the census of the Winnebago Indians in Wisconsin, the Secretary is authorized and directed to expend for their benefit the proportion of the tribal annuities due to and set apart for said Indians under the act of June 25, 1864, of the appropriations for the tribe of Winnebago Indians for the fiscal years 1874, 1875, 1876, 1877, 1878, 1879, and 1880, amounting to $90,689.93. And Secretary also to expend for said Winnebagoes out of $41,012,75, now to their credit, and accruing under treaty appropriations for the year 1873 and prior years, such sum as may, upon the completion of said census, be found necessary to equalize the payments between the two bands on account of the payment of $100,000 in 1872 from the principal fund of the tribe to the Winnebagoes in Nebraska; and all the said sums shall be paid pro rata to those persons whose names appear upon the census-roll of the Winnebagoes of Wisconsin. Heads of families permitted to receive for the family: Provided, That only those shall be entitled to the above benefit who shall show that they have taken up homesteads under act of March 3, 1875, and that the money applied for will be used to enter and improve the land. (Sec. 2.)

In the future amounts to be distributed pro rata between the Nebraska and Wisconsin Winnebagoes, according to the census, the moneys to be distributed according to the act of February 21, 1863, section 3. (Sec. 3.)

For the equitable adjustment of the amount due the Winnebagoes of Wisconsin from those of the same tribe residing in Nebraska, who have received since the act of June 25, 1864, the share due the Wisconsin Winnebagoes, until 1876, the Secretary of the Interior is directed to have an account made between the two divisions of the tribe, based 2 Ibid., p. 170.

3

1 United States Statutes at Large, Vol. XVIII, part 3, p. 27.

3 Ibid., Vol. XXI, p. 315.