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Citation: 12 Stat. 920 1855-1863

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92, THIBTT-SEVENTH CONGRESS. Sus. lM COz. 122-125. 1868.
ance of said sum.out of any moneys in the treasury not otherwise appro-
priated.
.A raovxv,March 8, 186.

March 8, 1868. Ou. An Acd for ase Relief of Benaais T. Watsn.

CXXII -

Be it enacted by dohSenate and-Htouse of Representativesof the United

PaymentT.to
Benjamin &ates of America in Congress assembled, That there be paid, out of any
watson. money in the treasury not otherwise appropriated, the sum of four hun-
dred and seventy-five dollars, for filling and grading Virginia avenue, be-
tween inth and Tenth streets, in square three hundred and eighty-five,
under the approval of the Commissioner of Public Buildings and Grounds,.
in the year eighteen hundred and fifty-four.
APPRovxp, March 8, 1868.

March 85.
C 3=.CXII - An Act /or t&e Bef of &SW= Dickson, Wdose f Aoda Didmao,
diced.
1sm, ch. is. Whereas-by act of Congress passed February twenty-third, eighteen hun-
VoL xi p. 5 4. dred and fifty-nine, the sum of twenty-five thousand dollars was appro-
priated for the benefit of the captors, in the war of eighteen hundred
and twelve of the British brig I'Caledonia"; and whereas it appears that
John Dickson, late of Erie, in the State of Pennsylvania, deceased, was
one of said captors, and that his name was, by mistake, entered on the
list of said captors, now in the Naval Department, as William Dickson,
and that said John Dickson left a widow, Suawn Dickson, who still sur-
vives : Therefore -
Be it enacted by the Senate andHouse of Representatives of the United
Payment to States of America in Congress assembed, That the proper disbursing
Susa Dickson. officer of the United States be, and he is hereby, authorized and directed
to pay to said Susan Dickson, widow of John Dickson, deceased, the por-
tion or share of said twenty-five thousand dollars which was due to the
said John Dickson, deceased, and now stands credited to the name of
William Dickson on the records of the Naval Department.
APPaovRD, March 8, 1868.

march a,1868. Cua. CXXIV. -An Act for the ,aef of aseAdmin 'at of Captati Richa

Be it enacted by thie Senate and House of Representativesof the United

Paymenttoad- States of America in Congress assembled, That there be allowed a
ministrator of credit to the administrator of the estate of Captain Richard Stevenson,
ichard Steven- deceased, late an assistant quartermaster of volunteers in the army of the
n
oie . United States, the sum of three thousand dollars, being the amount
of
money belonging to the government of the United States in his custody
as such officer, seized and appropriated in Kentucky by guerillas while in
the course of transmission by express on railroad trains from Indianapolis,
Indiana, to Na4ville, Tennessee, where said Stevenson was on duty.
APPRovw, March 8, 1863.

a"oh, 18& Ca. CXX . - An Act granto a Pension to FrancesH. Psmaer, Witow f the Zte
Bdgadier-GeertJeph B. Punmnm, of te United Stes Ann.
Be it endcted by a Senate and Howe of ,presentatives of Me Utsd
Pension to States of America in Congress assemled, That the Secretary of the In-
me.Pm terior be directed to place the name of Frances H. Plummer, widow of
the late Brigadier-General Joseph B. Plummer, of the United States
army, on the pension roll, at the rate of fifty dollars a month, froi the

HeinOnline -- 12 Stat. 920 1855-1863

THIRTY-SEVENTH CONGRESS. Smas. IM C. 126-128. 1868. 921
ninth day of August, in the year of our Lord one thousand eight hundred
and sixty-two, for and during her widowhood.
A1*ROYED, March 8, 1868.

Cw~. CXXVL - An Act tograta Pmd Q~tei

o 1r pe otdri3 e , SOL.

Be it enatedby t@ Senate and House of Representatidv of the United

State of America in CMngress anembec That Elizabeth Housener, of Penson to
New Philadelphia, Ohio, widow of Christian Housener, late a volunteer Elizabeth House-
private in company B, fifty-first regiment, Ohio volunteer infantry, shall ne.
be entitled to a pension of eight dollars per month, to commence from the
first day of November, eighteen hundred and sixty-two, and to be con-
tinued and paid to her during her widowhood.
APPjROVED, March 3, 1868.

I Cst. CXX5IL -An A# .fV IAe BAf of CEZvdns .2' REIUaW. March 8.,8IN&
Be it enacted bit the Senate and House of Representatives of thke Vhited
States of America in Congres auemMed, That the Secretary of the In- Peuon to
terior be, and he hereby is, authorized and directed to place the name of OCaline T. lou-
Caroline T. Renshaw, sister of the late Womander William B. Ren- ".
shaw, of the United States navy, upon the pension roll, at the rate of
thirty dollars per month from the Am day of January, eighteen hun-
dred and sixty-thre, to cnt i during her life.
A novxu, March 8, 18W8.

On"w. CXXVI ~A Adt the Rilief of Ma~pane . &emu, Widow of Edge-

dZe-Gaeal Isaacm 1.Stevem.
Be it enacted b the Senate and House of Representatives of the United
4kat of America in Congess asemUe That the Secretary of the In- Pelon to
terior be, and he hegeby is, authorized and directed to place the name of Maraet L. Ste,
Margaret L. Stevens, widow of Brigadier-General Isaac I. Stevens, on
the pension roll, at the rate of fifty dollars a month from the first day of
September, eighteen hundred and sixty-two, to continue during her widow.
hood.
ApniovxD, March 8, 186&.

vo. xu. PIar.- 118

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 THIRTY-SEVENTH PONGRESS. Szss. III. Rzs. 4-8. 1868

RESOLUTIONS.

Jan. to,1868. [No. 4.] Jnt R.Noun to tk a verse Decision of the Cort of Claim in the
Lose f Thomas B. King.
Resolved 4 the Senate and Nouse of Rapresentatives of ta United
Deision
aginst Thomas States of America in Congress assembird, That the adverse decision of
If King e- the Court of Claims in the case of Thomas B. King be, and the same is
arned. hereby, confirmed.
APPRaovD, January 16, 1863.

,an. 16, I8M. [No. 5.] .ont Resoluion to, 'm the adverse ciida of the Cor Qf Caim in th
Case of Arthur Edwardsand others.
Resolved by the Senate and House of Representatives of the United
Decision ates of merica in Congress assemled, That the adverse decision of
.a~atnst ArthuIr the Court of Claims in the case of Arthur Edwards and others be, aiid
dward con-
firmed, the same is hereby, confirmed.
APPRovED, January 16, 1868.

Jan. 16, 183. [No. 6.1 .oint Ra atto wq

taddvr Dwid" of the Ceoea of Clams in tMe
Case of &" Yates.
Resolved by the Senate and House of Representatives of the United
Deision Sta of America in Cnigress assembled, That the adverse decision of
tate. confirmed, the Court of Claims in the case of the heirs of George Yates be, and the
same is hereby, confirmed.
APPROVED, January 16, 1863.

Jan. 106,
18. [No..] JAint PesOzito to con the advere D)Cio of the Co t of Claim in the
Case of Joshua Eddy's Heirs.
Resolved by the &nte and Hose 'of Representatives of the United
Decision States of America in Conress assembled, That the adverse decision of
aeir .J the Court of Claims in the ease of Joshua Eddy's heirs be, and the same
Armed. is hereby, confirmed.
APPROVxD, January 16, 1868.

an. 16, 1im [No. q8. Jist Resoltion to cokfim, the adverse Decisio of tde Cout of Claim in the
CassoV.T. J. Knaqg, Adsmdmsratorof 'M'awtor Enogg
Resolved by the Senate and House of Representatives of the United
Decision Sates of America. in Congress assemlte; That the adverse decision of
soild in' the Court of Claims in the case of James W. Knagge, administrator of
Whitmore Knagge be, and the same is hereby, confirmed.
APPROVED, January 16, 1868.

HeinOnline -- 12 Stat. 922 1855-1863

THIRTY-SEVENTHt CONGRESS. 8ks. IT. -Rs.1I, 14-17, 22. 1868. 928
[No. M2] Joint Besohati to awo the adwere Dedeti. of the Coiwt of Cast in the Feb. 8,1,6*.
Case Of10 Yak
Resolved y te &.ats and Roune of Repremnatives of ts United
States of Anierica .i (,ngress assenee, That the adverse decision of Decision
the Court of Claims in the case of Moses Yale be, and the same is hereby, Vst o
confirmed.
AprPOvzD, February 8,1868.

~ ~
[No. 14.] A Ntso(Utio to Com/&uuasa nw thewio Cowt5
. of Cko is th Feb. 10,1INS.
Ca of R. A. asoawun, Admisieow of Jmes N. MuL
Resolved by tae Senate and Rouse of Representatives of ase United
States of America in Conres assemed, That the adverse decision of Decision
the Court of Claims in the case of R. A. Clements, administrator of * R. A.
James N. Mullican be, and the same is hereby, confirmed. fe d , o. -
ArRnovD, February 10, 1863.

[No. 15,] A Resehtio 4, mofm the as Decision of tile Cout of Cl4a, in tris b.i, 88
Cas of Dvi D. Michl.
Resolved by the Senate and House of ARrreseuitatives of the United
tates of Ammea in Congress a nsemed That the adverse decision of Dei.on
the Court of Claims in the case of David. D. Mitchell be, and the same is ait David D.
hereby, confirmed. ri. chlcon.
1863.
APpROYvzD, February 10,

[No. 18.] A Pcuhm to mcimn the adverse Decision of to Cout of Clams ia the Feb. 10, 186.
of T Hicks, nxmeor of ham Wfirk.
Rcved by the Senate and House of Repreeatives of th9e United
States of America in Congress asembld, That the adverse decision of Decision
the Court of Claims in the case of Thomas Hicks, executor of Isaac Aginst Thoma
Hicks be, and the same is hereby, confirmed.
APPRovaD, February 10, 1868.

[No. 17.] A eslto to cowq ths advee Decision of do Cor of Claim in Feb.10, 18.
Case V Alexcule D. Anderson, Administrto of John Anderson.
Resolved by the Senate and House of Representatives of tAe UnteS
Sat of America in C(ngrees afseme That the adverse decision of Decision
the Court of Claims in the case of Alexander D. Anderson, administrator against Alex-
of John Anderson be, and the same is hereby, confirmed. det D. Andesen,
APrrovw, February 10, 1868.

[No. 2&1 A Resolutn auhigthe Secrtaiyfodeii

Ase 2'lizmy to pay to Parr E. eb. 9g, no6.
Br2 hiusa ay asMY J d fte&Prem
. C." of tae Rawte Mte, for te Te. - --
ritory of New Mezico.
TResolved by te Seate and Howse of Representaives of t he United
Ates of America in Cbgeae e That the Secretary of the paent to
Treasury be, and he is hereby, directed to pay to Perry E. Brochus the PerryLB.Tee-
sum of six hundred and sixty-four dollars, ($664,) the same being for ryof 66 as
salary due the said Broeehus as United States judge.for the Territory of .
New Mexico from the twenty-fourth day of January, eighteen hundred
and sixty-one, to the thirty-first day of April of the same year, out of an
appropriation already made, in part for that purpose, and still existing,
for the payment of judicial salaries for the Territory of New Mexico.
ArProvico, February 25, 1868.

HeinOnline -- 12 Stat. 923 1855-1863

924 THrRTY-SEVtNTH CONGRESS. Sass. IM Ris. 28-, 89. '1888
7ob. 25, 186L [N2. 28.1 Aiut Reshone ad ievd aDomn to allow to Paymaster Gas*e,
A kwomr &%amind Am lo e d = i S.Wtlwa, Vo A.eowast,.*f
Hmoe st"e from him wftiovtFault or Negligence on hi. Padt.
Resovd by the Sonate and House of Repreeatives qf te( e
Allowlace &aes of Amerioa in 06nges assembed, That the Secretary of the Navy.
to be made Gil- be, and he is hereby, authorized to allow to Paymaster Gilbert E. Thorn-
or LThso on
n ton, in the settlement of his accounts with said department, the sum of
dement of ae- four thousand five hundred dollars, that being the amount stolen from the
coantL safe of said paymaster, on board the storeship Brandywine, during his
absence upon official business, and without his neglect or fault.
APpriovm, February 25, 1868.

March 8, AM6. [No. 89.] JobiatResoldion o Re&Jefof Xte Later andogm

et e
Preamble. Whereas the commissioners under the act of Congress entitled "An act
1862, ch. 54. for the release of certain persons held to service or labor in the Die-
Ante, p. 876. trict of Columbia," in a special report to the Secretary of the Treasury,
recommended to the equity of Congress certain cases arising under said
law in which the claimants could not obtain compensation by reason of
the filing of their petitions after the day limited in said act; and whereas
said commissioners, considering the equity of said cases, and that the
delay in filing-said petitions was not voluntary on the part of the claim.
ants, examined into the merits of said claims, and reported the claim-
ants to be otherwise in every respect entitled t9 the benefits of said act,
and in a table marked C, in their report, reported the several amounts
to which said claimants wotld have been entitled, and the'appropriation
already made for the purpose is amply sufficient to pay said claims:
Therefore -

Be 4t rwotvesl by te Senate and Af...e qj iBspresentAtivs of doe Aesd

fayments t Sats of Amea in. Congres anUemd, That the Secretary of the
fid slave to Treasury be, and he is hereby, authorized to pay, out of the appropria-
tion heretofore made, to the following named persons the sums affixed
to their respective names, being the same persons and sums designated
in their said report iq the said table marked C, viz:
KateR. Gaither. First. To Kate R. Gaither, the sum of four hundred and thirty-eight
dollars.
John C. Bra- Second. To John C. Brashesrs, four hundred and thirty-eight dollars.
SThird. To Sarah Webster, three hundred and six d9llars and sixty
Sarah Webster. cents.
Hgh xCor- Fourth. To Hugh McCormick, eight hundred and ninety-seven dollars
mimck and ninety cents.
Lloyd Book. Fifth. To Lloyd Brooke, four hundred and eighty-one dollars and
eighty cents.
Ann E. Cun. Sixth. To Ann H. Cunningham, two hundred and forty dollars and
ningham. ninety cents.
Teres Ann Seventh. To Teresa Ann Saffl, thirteen hundred and fourteen dol-
SamlL lars.
Thomas J. and Eighth. To Thomas J. Perry and Mary A., his wife, five hundred and
M1ary A. Perty sixty-nine dollars and forty cents.
John A. Dot- Ninth. To John A. Dorsey, eleven hundred and thirty-eight dollars
Say. and eighty cents.
xary steve- Tenth. To Mary Stevenson, thirteen hundred and fourteen dollars.
9M. Eleventh. To George White, (colored,) six hundred and thirteen dol-
( vWhbt. lars and twenty cents.
Moes Kelly. Twelfth. To Moses Kelly, administrator of W. W. Russell, United
States army, four hundred and fifty-nine dollars.
Making in all the sum of seven thousand two hundred and twelve dol.
lar and fifty cents.

HeinOnline -- 12 Stat. 924 1855-1863

THIRTY-SEVENTH CONGRESS. .Sss. Il B 40-48. 1868.. 926
And that the said several claimants and cases be included, and the sald Mode of pay-
several suins be paid in the same manner as if said cases and awards had ment.
been regdlarly reported by said commissioners.
AprpovED, March 8, 1868.

[No. 40. .1]int Ro ltion rela to the a& of W. IaxA Weed. wmh s,186.

Resolved by the Senate and House of Representati' of ae W(ed

Stain of Ameriva in Congres assemQAe That the Secretary of the Alwnet
Navy be authorized to allow to Surgeon William Maxwell Wood, the W for tveL.
mileage that would be legally due to him on his return from the East
Indies under orders given him by Commodore Armstrong, January twenty-
nine, eighteen hundred and fifty-eight.
APPROVED, March 8, 1868.

[No. 41.J Abin Ruolutio, Ito oms dho adoern Decison of ahe ort of Caahm,in the March 8,18IN.
Cae of Brig-Gena A-rm .
Resolved by the Snate and House of R presentatiu of the United
&ates of America in ongress anembke, That the adverse decision of D on
the Court of Claims in the ease of Brigadier-General Armstrong be, and net Brig.
the same is hereby, confirmed. *cnArme
APPRovzD, March 8, 1863.
& e March 8,188
[No. 4.] Jin RPofiom to sonfairm eadorn Decision, the out of Ci M
Can of . ft. Wird and ther, A signee of J.a Barker.
Resolved by the &nate and House of Representatives of the United Dce
Sates of America in Oongres assemU4 That the adverse decision of 0e2
the Court of Claims in the case of I. R. Ward and others, assignees of and'Irotheus
Jacob Barker, be, and the same is hereby, confirmed. eonfrmed
ArPPovzD, March 8, 1868.

(No. 48.1 roitz hatienmathoisiV L4A%(nsen of g Acod of Z B. Cover, March 8,1868.

IV" waton tF;:jbrLanby Emha.
Resolved & the Senate and Hoe of Representatives of the United
Stes of America in oess asem~ed, That the proper accounting B. Account of Z.
Cavky to be
officers of the treasury be, and they are hereby, authorized and required .
to adjust the account of Z. B. Caverly, late secretary of legation at -
Peru, for loss by exchange, upon the same principle and evidence as gov-
erned the adjustment of a like account of John Randolph Clay, late min-
ister to Peru, under the joint resolution of Congress, approved February
twenty-first, eighteen hundred and sixty-one.
Ap. tovED, March 8, 1868.

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HeinOnline -- 12 Stat. 926 1855-1863
TREATIES.

HeinOnline -- 12 Stat. i 1855-1863

HeinOnline -- 12 Stat. ii 1855-1863
 LIST

TRTE CONTAINED IN THS VOLUME.

PIP
Zka*f btwee tdo Unted State and doe Dwmiuhs Suqvdmich, and otier a~ed and slberdisate 7VANe
of Indiaes in Washinton TrTy. Cession of lands to the United Stats; reservations;
paets, &c. by 'the United States annuities schools, &c. Concluded at Point Emlott,
Washington Territory, January 2i, 1855. atified by th6 Senate, March 8, 1869.
Proclaimed by the President of the United States, April 11, 1859 .................... 927
2maty between Unted States of Am ica and the 8''Ualn diman. . Cession of lands to the
United States; reservations; payments, &o. by the United States; annuities, schools, e.
Concluded at Point no Point, Washington Territory, January 26,1855. Ratified by the
Senate, March 8,1859. Proclaimed by the President of the United States, April 29,1859 *88
Treaty betwem the United States of Amerka and the Ma&uA Tr ofIndians. Cession of lands to
the United States; reservations; payments, £e. by the United States; annuities, schools,
&e. Concluded at Neah Bay, Washington Territory, Janwary 81,1855. Ratified by the
Senate, March 8, 1859. Proclaimed by the President of the United States, April 18,
1869 ........................................................ 989
Tresty between tke United State and the Wa&aWalla, ayeser, and Uniatilla Mawh and &an&s of
Idians i Wasingon and Ormpn Trkoies. Cession of lands to-the United Sttes; reser-
vations; payments, &e. by the United States; annuities, schools, &e. Concluded at Camp
Stevens, in the Walla-Walla Valley, Washington Territory, June 9, 1866. Ratified by the
Senate, March 8,1859. Proclaimed by the President of the United States, April 11,1859 95
7Tred between the Uited taes and te YksmaNadte of Ind&n. Cession of lands to the United
States; reservations; payments by the United States; annuities, schools, &c. Con-
cluded at Camp Stevens, Wala-Walla Valley, June 9, 1855. Ratified by the Senate,
March 8,1869. Proclaimed by the President of the United States, April 18, 1859 ...... 961
Treaty between t United States of America md te Ne6 PerceIndians. Cession of lands to the
United States; reservations; payments by the United States; anuities, schools, &e.
Concluded at Camp Stevens, in the Walla-Walan Valley, June 11, 1865. Ratified by
the Senate, March 8,1859. Proclaimed by the President of the United States, April
1859 ................................................................. 967
7Waty batwess te United States and tAe Onfederated 7rbe and Ban of Indian* in Mid& Ore,g
Cession of lands to the United States; reservations ; payments by the United States;
annuities, schools, Ge. Concluded at Wasco, Jn Oregon Territory, June 2, 1855. Rati.
fled by the Senate, March 8, 1859. Proclaimed by the President of the United States,
April, 1869 ................................................................. 98
7Waty between the United Stat and the Qui-ai-dt and Quit--a4te Indian. Cession of lands to
the United States; reservation; payments by the United States; annuities, schools, &a.
Concluded. on the Qni-nal-elt River, in the Territory of Washington, July 1, 1855, and
at the City of Olympia, January 25,1856. Ratified by the Senate, March 8, 1859. Pro-
claimed by the President of the United States, Ap 11,1869 ........................ 97
Treaty between t& United States and th Fl7athead, Kaotenia, and U4pe Pend d'Ormi" Indians.
Cession of lands to the United States; reservations; payments by the United States;
annuities, schools, &e. Concluded at Hell Gate, in the Bittr Root Valley, July 16, 1855.
Ratified by the Senate, March 8, 1859. Proclaimed by the President of the United
States, April 18, 1859 ........................................................... 975
2lWO1 betoes the United Stat of America and the Md radians. Cession of lands to the United
States; payments by the United States, &e removal to reservations. Concluded at
Dayton, Oregon, December 21, 1855. Ratied by the Senate, March 8, 189. Pro-
claimed by the President of the United States, April 27, 1859 ........................ 981
fit Granado Claims convention with New Granada. Concluded at Washington, Septemnber
10,1867. Ratifications exchanged at Washington, November 6, 1860. Prolai-ed by
the President of the United States, November 8, 1860 ............................... 96
VOL. iL TEUZAT.--119

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a LIST OF TIWATi&
byp
2IVa betweet the ted Slat and th Tonawvanda Bad of Senea dian. Reinqnishment
the Indians of former treaty claims; compensation theref, and how to be disposed of
by the United States. Concluded at the meeting-house on the Tonawanda Reservation,
November 5. 1867. Supplementary articles, concluded at the same time and place.
Ratified by the Senat, June 4,188. Proclaimed by the President of the United States,
March 8I, 1859 .................................................................. 991
Zeat between the United States and the Penes "Te of Indkiis. Cession of lands to the United
States; reservations; pa ents by the United States; annuities, schools, &e. Concluded
at Washington, March I1868. Rati ied y the Senate, March 8, 1869. Proclaimed
by the President of the United States, April 11, 1859 .............................. 997
ratq with Boivia. Peace,o Frienmshp, Commerce, and Navtion. -Siped at La Paz. May
18, I858 Ratified by the President of the United Sttes, February 17, 1862 Ex-
changed at IA Paz, November 9, 1862. Proclaimed by the President of the United
States, January 8, 1868 ........................................................ 1008
2 Peae, Am*j, and Comwerme between the Unie States of America and China. Concluded
Oxtyf
at Tlentein, June 18. 1858. Ratified by the United States, December 21, 1858. Pro-
claimed by the President of the United States, January 26, 1860 .................... 1028
at bween. th Viumted States and the Hendawaetanton and Satsakodea Bands of Dakota or Siou1
7We of radian. Allotment of lands; provision of former treaty submitted to decision of
theSenate. Concluded at Wasbhington, June 19, 188. Ratified by the Senate, March 9,
1869. Proclaimed by the President of the United States, March 81,1859 ............. 1081
Dw-atg between the Unized State and the Scteto and FWahptoa Bandr of the Bdkot or Blow 21ibe
of Indians. Allotment of lands; provision of former treaty submitted to decision of the
Aenate. Concluded at Washington, June 19,1858 Ratified by the Senate, Mlarch 9,
1860. Proclaimed by the President of the United States, March 81, 1859 .......... 1087
reaq with the Me wakanton
.. and Siseeton Sioux. Resolution of the Senate of the United
States. Right and tide of certain bands of Sioux Indians to lands embraced in reserva-
tions on the Minnesota River. In the Senate of the United States, June 27, 1860 ...... 1042
Conventbn between the Uted States of America and Mt Majesty the KiV of the Bd s. Peace,
amity, commerce, &c. Concluded at Washington, July 17, 188. Raed, April 18,
1859. Ratifications exchanged, April 16, 1869. Proclaimed by the President of the
United States, April 19, 1859 ...................................................... 1048
21-eat betwee the Vhitd States of America and thegnoph. of Japan. Peace, amity, and comi-
merce. Concluded at the city of Yedo, July 29, 1858. Ratified by the President of the
United States, April 12,1860. Exchanged at city of Washington, May 22, 1860. Pro
claimed by the President of the United Staes, May 28, 1860 ........................ 1051
Cimwen'on with dna. Convention between the United States and China for the Regulation
of Trade. Concluded November 8, 1858 ......................................... 1069
Covention with China. Convention between the United States and China for the Adjustment
of Claims. Concluded November 8, 1858 ........................................ 1081
Convention betwmen the United Stat. qf America and de Republic of Paraguay,relating to claims of
the '-United States and Paraguay Navigation Company." Concluded at Asuncon,
February 4,1869. Ratifled by the President of the United States, March 7, 1860. Ex-
changed at Washington, March 7, 1860. Proclaimed by the President of the United
States, March 12, 1860 ........................................................... 1087
Teaty of FrIsediskip commerce, and Ncaiqationbetween the United States of America and the Republic
of Paraguay. Concluded at Asuncion. February 4, 1859. Ratified by the President of
te United States, March 7, 1860. Exchanged at Washington, March 7, 1860. Pro-
claimed by the President of the United States, March 12,18 ................-.. 1... 1091
Whomebagoes. Treaty between the United States and the Winnebago Tribe of Indians. Con.
cluded April 16, 1859. Ratified by the Senate, March 16, 1861. Proclaimed by the Pres-
ident of the United States, March 28, 1861 ........................................ 1101
Swan Cre and Black R;ver, 4-. Indians. Treaty between the United States and the Swan
Creek and Black River Chippewas, and the Munsee or Christian Indians. Concluded
July16, 1859. Ratified by the Senate, April 19, 1860. Proclaimed by the President of
the United States, July 9, 1860 ................................................... 110
Zansas Indians. Treaty between the United States of America and the Kansas Tribe of In.
diane. Concluded October 6, 1859. Ratified by the Senate, June 27,1860. Proclaimed
by the President of the United States, November 17, 1860 ........................... 1111
0wention between th Vited States of Am'eica and the Republi of Wedl. Arbitration of Mace.
donian claims. Concluded at Santiago, November 10, 1858. Ratified, August 4, 1869.
Exchanged, October 15, 1869. Proclaimed by the President of the United States
December 22, 1869 ..... ....................................................... ,108

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 LIST OF TREATIES. i
. page
Bdygium, Postal Conrntim with. Convention between the United States, of America and His
Majesty the King of the Belgians. Concluded and signed at Washington, December 21,
1859. Ratifications exchanged at Washington, October 19, 1860. Proclaimed by tie
President of the United States, October 20, 1880 ................................... lT
&eden andNomwy, Extraditon CHWrmnals. Convention between the United States of America
and the Kigof Sweden and Norway. Concluded at Washington. March 21, 1860. Rat-
ifications exchanged at Washington, December 20, 1860. Proclaimed by the President
of the United States, December 21, 1860 ........................ ............... 1125
Deawares. Treaty between the United States and the Delaware Tribe of Indians. Concluded
May 80, 1860. Ratified and proclaimed, August 22,1860 ............................ 110
Cmvendta with Costa Rim. Convention between the United States of America and the Repub.
he of Costa Rica, for the Adjustment of Claims. Signed at San Jos, July I60.
Ratified by the President of the United States, November 9, 1861. Exchange of Ratifi-
cations, November 9, 1861. Proclaimed by the President of the United States, Novem-
ber 11, 1861 ........................................................... ......... UN3
71.ea with Veeela. Treaty between the United States of America and the lepublic of Ven.
ezuela. Amity, Commerce, Navigation, and Surrender of Fugitives. Concluded at
Caracas, August 27, 1860. Ratified by the President of the United States, February 26,
1881. Exchange of Ratifications, August 9, 1861. Proclaimed by the Presidentlof the
United States, September 26, 1861 .............................................. 1148
Treaty with the Araphoe nd Cheyenne Indianas. Treaty between the United States of America
and the Araphoe and Cheyenne Indians of the Upper Arkansas River. Concluded Feb.,
ruary 18, 1861. Ratified with amendment, August 6, 1861 Amendment accepted Oc-
tober 29, 1861. Proclaimed December 6, 1861 ..................................... 1168
Trady with t ,acs, Faces and Iowas. Treaty between the United States of America and the
Sacs and Foxes of Missouri and the Iowas. Cession of reservations. Concluded.
March 6, 1861. Ratified with amendment February 6, 1868. Amendment assented to
March 4, 1868. Proclaimed March 26, 1868 ........................................ 1171
Treaty with
ians.the Delawares. Treaty between the United States and the Delaware Tribe of In.
Concluded July 2,1861. Ratified August 6, 1861. Proclaimed by the Presi-
dent of the United States, October 4, 1861 .......................................... 1177
Trft with Hanover. Treaty between the United States of America and the King of Hanover,
concerning the Abolition of the Stade or Brunshausen Dues. Concluded November 6,
1861. Ratifications exchanged at Berlin, April 209, 1862. Proclaimed by the President
of the United States, June 17, 1862 ................................................ 1187
Treatg with the Pottawatonies. Treaty between the United States and the Pottawatome Nation
of Indians. Concluded November 16, 1861. Ratified April 1 1862. Proclaimed by
the President of the United States, April 19,1882 ..... ......................... ;191
Tray with Meio. Treaty between the United States of America and the Republic of Mex-
ico, for the Extradition of Criminals. Concluded at Mexico, December 11, 186L Rat-
ifications exchanged at Mexico, May 20, 1862. Proclaimed by the President of the
United States, June 20, 1862 ..................................................... 119
Postal Convention with ,Herim. Postal Convention between the United States of Ameriea and
the Republic of Mexico. Concluded at Mexico, December 11, 1861. Ratifications ex-
changed at Mexico, May 20, 1862. Proclaimed by the President of the United States,
June 2D, 1862 ................................................................... 120
Traty with the Ottoman Empir& Treaty of Commerce and Navigation between the United
States and the Ottoman Empire. Concluded at Constantinople, February 26, 1862.
Ratifications exchanged at Constantinople, June 16,1862. Proclaimed by the President
of the United States, July 2, 1862 ................................................. 1218
Treaty with the Kas= Indians. Treaty between the United States of America and the Kansas
Tribe of Indians. Concluded at the Kansas Agency, in Kansas, March 18 1862 Rati-
fied, with amendment, February 6, 1868. Amendment assented to, February 26,
1868. Proclaimed by the President of the United States, March 16, 1869 ........... 12=
Treaty with Great Britain. Treaty between the United States and Great Britain for the Sup.
pression of the Slave-Trade. Concluded at Washington, April 7, 186. Ratifications
exchanged at London, May 26,1862. Proclaimed by the President of the.United States,
June 7, 1862 .................................................................... 1225
Teaty with the Ottawa Iditans. Treaty between the United States qf America and the Ottawa
Indians of Blanehard's Fork and Roche De B1.f. Concluded, June 24, 1862. Ratifl.
cation advised, with amendment, July 16, 1862. Amendment accepted, July 19, 1862.
Proclaimed, July 28, 1862 ........ : .............................................. 1217

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tv tIST OP TREATIES.

2lree* wMtLtberia Tree#? between the United States of America and the Republic of Liberia.
Commerce and Navigation. Concluded at London, October 21, 1862. Ratlitcations ex-
changd, February 10, 186 Proclaimed by the President of thd United States, March
18, I ; ....................................................................... 1245
Treaty with the Chippenw. Treaty with the Cblppewj of the Mississippi, and the Pifager
and Lake Winibigoshsh bands of Chippewa Indians in Minnesota. Concluded at
Washington, In the District of Columbia, March 11, 1868. Ratified, March 18,.188,
with amendments. Amendment. agreed to, March 14 1868. Proclaimed by the Presi-
dent of the United States, March 10,188 ....................................... .1209

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'TREATY WITH THE DWAMISH &C., N~N JANl. 22 185L. 027

TREATIES.

Treatp betw'een the United State ani &hDe~dnWah 5udAk, and other
allied and subordinateTfibs qf Indian in Wwahingon Territoy Con-
euded at Point B'ot Was' non T' , Janua. 22,185.5. Rati-
fed by te Se ae, MarcA 8, 1859. Pcamed y te Preidme of t&i
United &des, April11, 1859.

JAMES BUCHANAN,
PRESIDENT Of THE UNITED STATES,
TO ALL AD SINGULAR TO WHOM TMSI PRESENTS S=AL CONE, ORERTIWG: 3fM. , 1855.

W'HEEAs a treaty was made ad concluded at Mdckl-te-6h, or Point reambis.

Elliott, in the Territory of Washington, the twenty-second day of January,
one thousand eight hundred and fifty-five, by Isaae L Stevens, governor
and superintendent of Indian affairs For the said Twrritory, on the part of
the United States, and the hereinafter-named chiefs, headmen, and dele-
gates of the Dwimish, Suqudmish, Sk-t~hl-mish, am -hmish, Smalh-
kahmish, Skope-6nimish, St-kMh-miab, SnoquMrmoo, Ska-wha-misb,
1TQuentl-md-mish, Sk-tth-le-jum, Stoluck-whd-mish, Sno-ho-miih, Skdgit,
Kik-i-Allus, Swin-.mish, Squin-Lh-&ish, Sah-ku-m6hu, Moo-wh-hd,
Nook-wa-chih-mish, Mee-see-qua-guilch, Cho-bah-6h-bish, and other allied
and subordinate tribes and bands of Indians occupying certain lands situ-
ated in said Territory of Washington, on behalf of said tribes and duly
authorized by them; which treaty is- in the words and figures following
to wit:
Articles of agreement and convention made and concluded at Meld- Contlug,
te-6h, or Point Elliott, in the Territory of Washington, this twenty-second PSI$U.
day of January, eighteen hIundred and fifty-five, by Isaac I. -Stevens, gov-
ernor and superintendent of Indian affiirs for the said Territory, on the
part of the United States, and the undersigned chiefs, headmen and dele-
gates of the Dwdmish, Suqudmish, Sk-tAhl-mish, Sam- bmish, Smalh-
kamish, Skopehmish, St-kiih-mish, Snoqudlmoo, Skai-wha-mish,
N'Quentl-md-mibh, Sk-th-le-jum, Stoluck-wh-mish, Sno-ho-mish, Sk.
git, Kik-i-Allus, Swin-d.mish, Squin-dh.mish, Sah-ku-mdhu, Noo-whd-ha,
Nook-wa-ch~th-mish, Me-sde-qua-guilch, Cbo-bah-Ah-bish. and other allied
and subordinate tribes and bands of Indians occupying certain lands situ-
ated in said Territory of Washington, on behalf of said tribes, and duly
authorized by them.
ARTICLE I. The said tribes and bands of Indians hereby cede, reiln- CiIonOfl-t
quish, and convey to the United States all their right, title, and interest t th 51te
in and to the lands and country 6coupied by them, bounded and described
as follows: Commencing at a point on the eastern side of Admiralty ounarmIe
Inlet, known as Point Fully, about midway between Commencement and
Elliott Bays; thence eastwardly, running along the north line of lands
heretofore ceded to the United States by the Nisqually, Puyaliup, and VoL X.p. 1.
other Indians, to the summit, of the Cascade range of mountains;
thence northwardly, following the summit of said range to the 49th par-
allel of north latitude; thence west, along said parallel to the middle of
the Gulf of Georgia; thence through the middle of said gulf and the main
channel through the Canal de Arro to the Straits of Fe, and crossing the

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 928 TREATY WITx TH DWAMISH &o. IIDLA
m Je*. 22, 185.,
same through the middle of Admiralty Inlet to Suquamish Head, thence
southwesterly, through the peninsula, and following the divide between
Hood's Canal and Admiralty Inlet to the portage known as Wilkes' Port-
age; thence northeastwardly, and following the line of lands heretofore
ceded as aforesaid to Point Southworth, on the western side of Admiralty
Inlet, and thence round the foot of Vashon's Island eastwardly and south-
eastwardly to the place of beginning, including all the islands comprised
within said boundaries, and 'of the right, tide, and interest of the said tribes
and bands to any lands within the territory of the United States.
Reseraton. AxTiOL. I. There is, however, reserved for the present use and
occupation of the said tribes and bands the following tracts of land, viz:
the amount of'two sections, or twelve hundred and eighty acres, surround-
ing the small bight at the head of Port Madison, called by the Indians
INoo-sohk-um; the amount of two sections, or twelve hundred and eighty
acres, on the north side Hwhomish Bay and the creek emptying into the
same called Kwilt-seh-da, the peninsula at the southeastern end of Perry's
Island called Shdis-quihl, and the island called Chah-choo-sen, situated in
the Lummi River at the point of separation of the mouths emptying
respectively into Belliugharn Bay and the Gulf of Georgia. All which
trafts shall be set apart, and so far as necessary surveyed and marked
White. not to out for their exclusive use; nor shall any white man be permitted to re-
reside
ueatde thereon
U side upon the same without permission of the said tribes or bands, and of
the superintendent or agent, but, if necessary for the public convenience,
roads may be run through the said reserves, the Indians being compen-
sated for any damage thereby done them.
Further res- ARTicLE IlL There is also reserved from out the lands hereby ceded
e'oation for the amount of thirty-six sections, or one township of land, on the north-
eastern shore of Port Gardner, and north of the mouth of Snohomish
River, including Tulalip Bay and the before-mentioned Kwilt-seh-da
Creek, for the purpose of establishing thereon an agricultural and industrial
school, as hereinafter mentioned and agreed, and with a view of ultimately
drawing thereto and settling thereon all the Indians living west of the
Cascade Mountains in said Territory. Provided, however, that the Pres-
ident may establish the central agency and general reservation at such
other point as he may deem for the benefit of the Indians.
Tribes to sette ARTzcLz IV. The -said tribes and bands agree to remove to and
en reservation settle upon the said fir't above mentioned reservations within one year
within one year. after the ratification of this treaty, or sooner, if the means are furnished
them. In the mean time it shall be lawful for them to reside upon any
land not in the actual claim and occupation of citizens of the United States,
and upon any land claimed or occupied, if with the permission of the
owner.
Rights and ARTI4CLE V. The right of taking fish at usual and accustomed
prvneges s- grounds and stations is further secured to said Indians in common with
eared to Indins. all citizens of the Territory, and of erecting temporary houses for the
purpose of curing, together with the privilege of hunting and gathering
roots and berries on open and unclaimed lands. Provided, however, that
they shall not take shell-fish from any beds staked or cultivated by citizens.
Paymentby the ARTICLE VL In consideration of the above cession, the United States
Untied State. agree to pay to the said tribes and bands the sum of one hundred and
fifty thousand dollars, in the following manner - that is to say: For the
first year after the ratification hereof, fifteen thousand dollars; for the
next two years, twelve thousand dollars each year; for the next three
years, ten thousand dollars each year; for the next four years, seven
thousand five hundred dollars each year; for the next five years, six
How to be thousand dollars each year; and for the last five years, four thousand
applied. two hundred and fifty dollars each year. All which said sums of money
shall be applied to the use and benefit of the said Indians under the
direction of the President of the United States, who may from time to time

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TREATY WITH THE DWAMISH &MImDIANS. JAN. 22,1855. 920
determine at his discretion upon what beneficial objects to expend tho mine;
and the Superintendent of Indian AffAirs, 6r other proper officer, shall each
year infirm the President of the wishes of said Indiaps in respect thereto.
ARTICLE VII. The President may hereafter, when in his opinion the indians may
interests of the Territory shall require and the welfare of the said Indians be be removed to
promoted, remove them from either or all of the special reservations here- reervat, eta.
inbefore made to the said general reservation, or such other suitable place
within said Territory as he may deem fit, on remunerating them for their
improvements and the expenses of such removal, or may consolidate them*
with other friendly tribes or bands; and he may further at his discretion
cause the whole or any portion of the lnds hereby reserved, or of such
other land as may be selected in lieu thereof, to be surveyed into lots,
and assign the same to such individuals or families as are willing to avail Lots may be
themselves of the privilege, and will locate on the same as a permanent assigned to in.
home on the same terms and subject to the same regulations as are pro- dividuals.
vided in the sixth article of the treaty with the Omahas, so far as the same Vol. x. p. 1044.
may be applicable. Any substantial improvements heretofore made by
any Indian, and which he shall be compelled to abandon in consequence
of this treaty, shall be valued under the direction of the President and
payment made accordingly therefor.
ARTICLE VIIL The annuities of the aforesaid tribes and bands shall
not be taken to pay the debts of individuals.
ARTICLE IX. The said tribes and bands acknowledge their depend- serve Tribes to pro.
friendly ms-
ence on the government of the United States, and promise to be friendly ,tien.
wih all citizens thereof, and they pledge themselves to commit no depre-
dations on the property of such citizens. Should any one or more of
them violate this pledge, and the fact. be satisfactorily proven before the
agent, the property taken shall be returned, or in defkult thereof, or if to pay fa
injured or destroyed, compensation may be made by the government out depredations.
of their annuities. Nor will they make war on any other tribe except not to make
in self-defence, but will submit all matters of difference between them and war exept &o.
the other Indians to the government of the United States or its agent for
decision, and abide thereby. And if any of the said Indians commit dep-
redations on other Indians within the Territory the same rule shall prevail
as that prescribed in this article in cases of depredations against citizens.
And the said tribes agree not to shelter or conceal offenders against the to aurreale
laws of the United States, but to deliver them up to thi athorities for offender.
trial.
ARTICLE X. The above tribes and bands are desirous to exclude from be Annuities to
withheld from
their reservations the use of ardent spirits, and to prevent their people thJoe who drink
from drinking the same, and therefore it is provided that any Indian be- etc., ardent
longing to said tribe who is guilty of bringing liquor into said reserve- spirits.
tions, or who drinks liquor, may have his or her proportion of the annui-
ties withheld from him or her for such time as the President may deter-
mine.
ARTICLE XL The said tribes and bands agree to free all slaves now allTribes to free
slaves and not
held by them and not to purchase or acquire others hereafter. to acquire others.
ARTICLE XIL The said tribes and bands further agree not to trade at not to trade out
Vancouver's Island or elsewhere out of the dominions of the United States, Of the United
nor shall foreign Indians be permitted to reside in their reservations with-
out consent of the superintendent or agent.
ARTICLE XIIL To enable the said Indians to remove to and settle .ts,foo appro.
upon their aforesaid reservations, and to clear, fence, and break up a suf- piated fe ex-
ficient quantity of land for cultivation, the United States further agree to ad
pay the sum of fifteen thousand dollars to be laid out and expended under settlement.
the direction of the President and in such manner as he shall approve.
.ARTICLE XIV. The United States further agree to establish at the United States
general agency for the district of Puget's Sound, within one year from ttbish ,"
the ratification hereof, and to support for a period of twenty years, an.vl htrgN

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9) •ThE.TY, WITH THE"DWIMiSH &c. INDiANg.
S- JAX. 22, l85i.
fWath meoban- agricultural and industrial school, tobe free to ehildien of the said tribes
ice, sho, physi- and bands in common with those of the other tribes of said district, and to
claim " provide the said school with a suitable instructor or instructors, and also to
provide a smithy and carpenter's shop, and furnish them with the necessary
tools, and employ a blacksmith, carpenter, and farmer for the like term
of twenty years to instruct the Indians in their respective occupation.
And the United States finally agree to employ a physician to reside at the
said central agency, who shall furnish medicine and advice to their sick,
and shall vaccinate them; the expenses of said school, shops, persons em-
ployed, and medical attendance t be defrayed by the United States; and
not deducted from the annuities.
torety ARTiCLz XV. This treaty shall be obligatory on the contracting par-
ties as soon as the same shall be ratified by the President and Senate of
the United States.
.iatures, In testimony whereof, tbe said Isaac L Stevens, governor and super-
Jan.22, 16. inteudent of Indian affairs, and the undersigned chiefs, headmen, and dele-
gates of the aforesaid tribes and bands of Indians, have hereunto set their
hands and seals, at the place and on the day and year hereinbefore written.
ISAAC I. STEVENS, Governo and qpemintendn4 f[. n.j
SEATTL, Chief of the Dwamsek and Suiqsis Mrbe .
his x mark. [L. s.]
PAT-KA-NAM, Csief of the $WPoaknoo, Snohomish and
o tribe.
'ker his x mark. [r. a.]
CHOW-ITS-HOOT, Cief of Me Lummi and other fribes.
his x mark. [L. S.]
GOLIAH Chief of e Skayft andothe ai i.be.
his x mark. [ L. a.]
KWALLATTUM or General Pierce, Su-hef of the S&agt
tribe. his x mark. L.a.]
S'HOOTST-HOOT, Sub-chiefofSnoomis.• his x mark. L. ]
SNAH-TALC, or Bonaparte, Sub-c.ief of Skohomh
his x mark. [L.a.]
SQUUSH-UXM, or The Smoke, Sub-hief of th Snoquamoo.
his x mark. [L,. s.]
SEE-ALLA-PA-HAN, or The Priest, ,u&cefof,.-tJ-
le.tj'. his x mark. [L. 5.]
HE-UCH-KA-NAM, or George Bonaparte, S. b-chief of
Snohomish. his x mark. fL. s.]
TSE-NAH-TALC, or Joseph Bonaparte, Sub-cief of Sio.
homsh. his x mark. EL. s.
NS'SKI-OOS, or Jackson, Suk&if of Snohomish.his z mark. [L• a.)
a.]
WATS-KA-LAH-TCHIE, or John Hobtst-hoot, sxaie.fo[

SMEH-MAI-HU, Sub-chief of Sai-tvha-mie his z mark. L. .

SLAT-EAH-KA-NAMC Stebchef of Sioquabnoo-
his x mark. s.S]
STHAU-AI, Sub-chifof &wqamoo. his x mark. [r.s•
LUGS-KEN, Sub-chief of Sh'-wha-mia . his x mark. . s,
S'HEHT-SOOLT, or Peter, Su-qe of &nwoim".
hix mark. [L.as.
DO-QUEH-00-SATL, Snquamoo tribe. his x mark. [L. s.)
JOHN KANAM, Snoquabmo. aubehef. his . mark, EL. S.,
KLEMSH-KA-NAM, Snoualmoo. his x mark.' [L. S.
TS'HUAHNTL, Dwa-mish mb-chief. his x mark.
,aikt trie 'L. a.]
KWUSS-KA-NAM, or George Snatelum, Sen.,
is x mark. EL. a.]
HEL-MITS, or George Snatelum, &a#* u, i a a

HeinOnline -- 12 Stat. 930 1855-1863

TRFATY WITH THE DiVAMISH &o. INDIANS. JA.. 22, 1855;

S'KWAIT-KWI, Skagi hik sub-ef his x mark.

his x mark. [L. .].
":
SEH-LEKQU, Sub-ceif Lummi tribe.
S'H'-CHEH-OOS or General Washington, e-aiefofLum-,
mi trie. hi x mark. [L. s.]
WHAI-LAN-HU, or Davy Crockett, Sub-chief of Lummi
tribe. his x mark. [L. s.1
SHE-AH-DELT-HU, Sub-chief of Lum,,ti tribe,
his x mark. [L. s.
KWULT-SER, u&chief ofLumm trie, his x mark.
KWULL-ET-HU, Lummi tribe. his x mark. EL. ..
KLEH-KENT-SOOT, Ska' frib his x mark.
SOHN-HEH-O(VS, &a# tribe." his x mark.
S'DEH-AP-XA., o6General Warren, &V* tribe. "L. S-j
[L- ao
4 his xmark.
CHUL-WIL-TAN, Sub-ddef of &mom"e t-ibe.
bhi x mar
SKE-EH-TUM, Skit tribe. his x mark.
PATCHKANAM, or Dome, Skagit trKUe his x mark.
SATS-KANAM, Squin-ah-nuek tribe. his x mark.
SD-ZO-MAITL, i-s band. his x mark. L1: 8.1
DAHTL-DE-MIN, Sub-chief of SaU-meA-Au. his x mark.
SD'ZEK-DU-NUM, Me-sak-w uilse sub-hie . Ms x mark.
NOW-A-CHATS, Subchief of Dtoamish. his x mark.
MIS-LO-TCHE, or Wah-hehl-tchoo, Sub-chief of Suquamide
his x mark.
SLOO-NOKSH-TAN, or Ji, Suquamuh tribe, his x mark. L.
M00-WHAH-LAD-HU, or Jack, Suqumis trib&. L.
'L.S.
his x mark.
TOO-LEH-PLAN, Suquami" trib his x ark.
HA-SEH-DOO-AN, or Keo-kuck, Dwami h in L. S:
his x mark.
HOOVILT-MEH-TUMStJ-efof&Squrniei his x mark.
WE-AI-PAH, ,SkiwnamiAk tribe, his x mark.
S'AH-AN-HU, or Hallam, Snoomi4 tribe. his x mark.
SHE-HOPE, or General Pierce, Skagi* hib

CHT-SIMPT, Lummi tribe.

TSE-SUM-TEN, Lummi tribe.
his x m"rk.
HWN-LAH-LAKQ, or Thomas Jefferson, Lanm "ribe.
his x mark.
his x mark.
his x mark.
L. S.
"t:
[L. :1
KLT-HAHL-TEN, Lummi tribe. his x mark.
KUT-TA-KANAM, or John, Lumm tribe. his x mark.
CH-LAH-BEN, Noo-gua-ckamish ban& his x mark.
WOO-HEH-O08, S aquabnoo tribe. his x mark. , LS:
. S.
L. 5.
"L°8.:
HWEH-UK, Snoqualmoo tribe. his x mark.
PEH-NUS, Skai-whamish tribe. his x mark.
YIM-KA-NAM, Soquamoo tnbe. his x mark.
L£.$°.
TWOOI-AS-KUT, Sa,'whamish rie. his x mark.
LUCH-AL-KANAM, noquabmoo tribe. his x mark.
S'HOOT-KANAM, Snoguabmoo tribe. his x mark.
SME-A-KANA31, Snoguqmoo tribe. his x mark.
SAD-ZIS-KEH, &hoqualiwo. his x mark. L. S.
HEH-MAHL, &atwamish kw& his x mark. L.5.
CHARLEY, Sagit tribe. his x mark.
SAMPSON, Skagit trbe. his x mark.
JOHN TAYLOR, &nohom".tribe. h x mark. L. S.
HATCH-KWENTUM, Sogit trie. his x mark. L. St.
YO-I-KUM, Sbgit bibs. his x mark.
T'KWA-MA-HAN, Skagit tribe. his x mark.
STO-DUM-KAN, ASekwi baS : h x =wk.
xu1
MU a .ft-12O

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982 TREATY WI= TAR DW iagi &INDrNS.
n JA. 12, 1§55.
BE-LOLE, SvamisM bamd hisrx mark. "L.S.'
DYZO-LOLE-GWAX-HU, ,Sb d hib& his x mark. "L.S.:
STEH-SHAIL, William, SkAamis banS his x mark. 'L.S.
KEL-KAHL-TSOOT, Swinarisk he. his x mark. 'L. S.'
PAT-SEN, ,kit tribe, his x mark. 'L. S.'
PAT-TEH-US, KNo-wha-ai sub-cief. his x mark. 'L. S.
S'HOOLK-KA-NAM, Lmmi sub-chief. his r mark. 'L. S.'
CH-LOK-SUTS, Luai subchief his x mark. L. S.

Executed in the presence of us -

M. 7. Stmmos, Indian Agent.
C. H. MsoN, Secretar of Washingon Terrio.
BzN;. F. SHAw, Interprter.
COis. M. HITCHCOCK.
H. A. GOLDSBOROUGH.
GzoRGB Gins.
Joss H. SCRANTON.
HENtRy D. Cocx.
S. S. FORD, Jr.
DEEIGTOI CUSMUS.
ELLiS BARNES.
I, S. Bjfxr.
S. X. COLLINS.
LAFAYETEE ]BALCH.
E. S. FOWLER.
J. H. HAL..
ROB'T Dvrs.
And whereas, the sgid treaty having been submitted to the Senate of
coment of the United States for its constitutional action thereon, the Senate did, on
arh'8, 1859. the eighth day of March, one thousand eight hundred and fifty-nine,
advise and consent to the ratification of itoarticles by a resolution in the
words and figures following, to wit: "IN ExUcuTIYvi SESSIoN,

"SENAT OF THE UNITED STA.TES, March 8, 1859.

"Besolved, (two-thirds of the senators present eoncnurring,) That the
Senate advise and consent to the ratification of treaty between the United
States and the chiefs, headmen and delegates of the Dwtimish, Suquimish
and other allied and subordinate tribes of Indians occupying certain lands
situated in Washington Territory, signed the 22d day of January, 1855.
"Attest: "ASBURY DICKINS, Secretary."

Proclamation, Now, therefore, be it known that I, JAMES BUCHANAN, President

April 11, 2859. of the United States of America, do, in pursuance of the advice and con-
sent of the Senate, as expressed in their resolution of the eighth of
March, one thousand eight hundred and fifty-nine, accept, ratify, and con-
firm the said treaty.
In testimonywhereof, I have taused the seal of the United States to be
hereto affixed, and have signed the same with my hand.

Done at the city of Washington, this eleventh day of April, in

[SEAL.J the year of our Lord one thousand eight hundred and fifty-
nine, and of the independence of the United States the eighty-
third.
JAMES BUCHANAN.
By the President:
L-swxa CABS, &cretas of &4.

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 TREATY WITH THE S'KLALLAIS. JANUARY, 2, 1855.

2eaty Setem the United Sate of Amerka and te SAla~ams ,dian*.

Coiduded at Point nto Poin4 Washigton Terito, J.antM 26,1855;
Ratifad j the Senate, March 8, 1859; Prolaimed& the Presidentof
tde United States, Apri 29, 1859.

JAMES BUCHANAN,
PRESIDENT OF THE VMITED STATES OF AMERICA:
TO ALL AND SINGULAR TO WHOM THESE PRESENTS SHALL COME, GREETNG: January 26, 185 .

WnxzA~s a Treaty was made and concluded at Hahd Skus, or Point Pramble.
no Point, in Washington Territory, on the twenty-ixth day of January,
eighteen hundred and fifty-five, between Isaac L Stevens, Governor and
Superintendent of Indian Affairs for the said Territory, on thd part of
the United States, and the hereinafter named Chiefs, Hedmen, and
Delegates of the .different villages of the S'Klallams Indians, viz.. the
Kab-tal, Squah-quaihtl, Tch-queen, Ste-tehtlum, Tshkw, Yennis, El-hwa,
Pishtst, Hunnint, Kiat-la-wash, and Oke-no, and also of the Sko-ko-inish,
Too-an-hooch, and Chem-a-kum tribes occupying certain lands on the
straits of Fuca and Hood's Canal, in the Territory of Washington, on
behalf of said tribes, and duly authorized by them; which treaty is in the
words and figures following, to wit:
Articles of agreement and convention, made and concluded at Hahd- cartla5
skus, or Point no Point, Suquamish Head, in the Territory of Washing- P
ton, this twenty-sixth day of January, eighteen hundred and fifty-five, by
Isaac L Stevens, governor and superintendent of Indian affairs for the
said Territory, on the part of the United States, and the undersigned chiefs,
headmen, and delegates of the different villages of the S'Klallams, viz.:
Kah-tai, Squah-quaihtl, Tch-queen, Ste-teblium, Tsohkw, Yennis, El-
hwa, Pi-htst, Hun-nint, Klat-la-wash, and Oke-ho, and also of the Sko-
ko-mish, To-an-hooch and Chem-a-kum tribes, occupying certain lands on
the straits of Fuca and Hood's Canal in the Territory of Washington, on
behalf of said tribes, and duly authorized by them.
ARTICLE I. The said tribes and bands of Indians hereby cede, relin- Coulo of
quish, and convey to the United States all their right, title, and inteiest united States.
in and to the lands and country occupied by them, boun4ed and described
as follows, viz.: commencing at the mouth of the Okeho River, on the Boudatt.
Straits of Fuca, thence southeastwardly along the westerly line of
Territory claimed by the Makah tribe of Indians to the summit of the
Cascade range; thence still southeastwardly and southerly along said
summit to the head of the west branch'of the Satsop River, down that
branch to the main fork; thence- eatwardly and following the line of
lands heretofore ceded to the the United States by the Nisqually and VOL x. p. 118.
other tribes and bands of Indians, to the summit of the Black Hills,
and northeastwardly to the portage known as Wilkes' portage; thence
northeastwardly, and following the line of lands heretofore ceded to the em T:at10,
-United States by the Dwamiah, Suquamish, and other tribes and bands L
of Indians to Suquamish Head; thence northerly through Admiralty Inlet
to the Straits of Fuca; thence westwardly through said straits to the
place of beginning; including all the right, title, and interest of the said
tribes and bands to any land in the Territory of Washington.
ARTICLE IL There is, however, reserved for the present use and ooeu- teemato.
pation of the said tribes and bands the.following tract of land, viz.: the

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984 TREATYr WITN! THIS S'XLALLAM& JAntAniT 26, 1855.

amount of six sections, or three thousand eight hundred and forty es,
situated at the head of Hood's Canal, to be hereafter set apart, and so fur
as necessary surveyed and marked out for their exclusive use; nor shall
Whites not to any white man be permitted to reside upon the same without permission
reside thereon, of the said tribes and bands, and of the superintendent or agent; but, if
necessary for the public cojivenienee, roads may be run through the said
reservation, the Indians being compensated for any damage thereby done
them. It is, however, understood that should the President of the United
States hereafter see ft -to place pon the samid reservation any other
friendly tribe or band, to occupy the,same in common with those above
mentioned, he shall be at libe ',to do ao.
Tbes' 'Or"tto APTxCz IlL The said tribe~aad bans agree to remove to and settle
onre n upon the said reservation withisone year after the ratification of this
treaty, or sooner if the meansavn furnished them. In the mean time, it
shall be lawful for them to reside upon any lands not in the actual claim
or occupation of citizens of the United States, and upon any land claimed
or occupied, if with the permission of the owner.
privege to ARTiCLZ IV. The right of taking fish at usual and accustomed grounds
the IndiAb. and stati,. s is further secured to said Indians, in common with all citizens
of the United States; and of erecting temporary houses for the purpose..
of curing; together with the privilege of hunting and gathering roots and
berries on open and unclaimed lands. rovvide however, That they shall
not take shell-fish from any beds staked or cultivated by citizens.
the U0nited by
Payments ARtTIOLEM V. In consideration of the above cession, the United States
State. agree to pay to the said tribes and bands the sum of sixty thousand dol-
lars, in the following manner, that is to say: during the first year after
the ratification hereof, six thousand dollars; for the next two years,-live
thousand dollars each year; for the next three years, four thousand dollars
each year; for the next four years, three thousand doUars each year;,
for the next five years, two thousand four hundred dollars each year; 'and
for the next five years, one thousand six hundred dollars each year.,
How to be ap- All which said sumsrof money shall be applied to the use and benefit of.
plied, the said Indians under the direction of the President of the.Upted
States, who may from time to time determine at his discretion upon what
beneficial objects to expend the same. , And the superintendent of Indian,
affiirs, or other proper officer, shall each year inform the Pesident of the
wishes of said Indians in respect thereto.
Appr rlation ArICLmm VI. To enable the said Indians to remove to and settle upon
*t Weoval. &o. their aforesaid reservations, and to clear, fonee, and break up a sufficient
quantity of land for cultivation, the United States further agree to pay
the sum of six thousand dollars, to be laid out anit expended under the-
direction of the President, and in such manner as he shall approve.
luadhns may AxTiOL VIL The President may hereafter, when in his opinion the
be o "to interests of the Territory shall require, and the welfare -ofsaid Indiana be
other reserva-
tonhr -promoted, remove them from said reservation to such other suitable place
or places within said Territory as he may deem fit, on remunerating them
for their improvements and the expenses of their removal; or may con.
solidate them with other friendly tribes or bands. And he may furthr,
at his discretion, cause the whole or any portion of the lands hereby re-
served, or of such other -land as may be selected in lieu thereof, to be
Lands may be surveyed into lots, and assign the same to such individuals or famiuies as
surveyed . are willing to avail themselves of the privilege, and will locate thereon as
aislned, &O. a permanent home, on the same terms and subject to the same regulations
20
Vol. x. p. 44, as are provided in the sixth article of the treaty with the Omahas so far
as the same may be applicable. Any substantial improvements hereto-
fore made by any Indian, and which he shall be compelled to abandon in
consequence of this treaty, shall be valued under the direction of the
to Annuities
debt, taken
be of 1ot
for President,
endiid-
and payment made therefor. accordingly.
ARTICL VUJL The annuities of the aforesaid tribes and. bmads sl
.

us.4 not be taken to pay the debts of individuals.

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 .ThEATY WITH THE S'KLALLAXS JAUAri 26, 185. 985
ARTiCLis IX. The said tribes and bands acknowledge their dependence Tritiesto pre-
on the goVernment of the United States, and promise to be friendly with """tons, frenc Y
all citizens thereof; and they pledge themselves to commit no depreda-
tions on the property of such citizens. And should any one or more of .in 6r de-
them violate this pledge, and the fiet be satisfactorily proven before the predatons.
agent, the property taken shall be returned, or in default thereof, or if
injured or destroyed, compensation may be made by the government out
of their annuities. Nor will they make war on any other tribe, except not to make
in self defence, but will submit all matters of difference between them war but insef
and other Indians to the government of the United States, or its agent,deence.
for decision, and abide thereby. And if any of the said Indians commit
any depredations on any other Indians within the Territory, the same
rule shall prevail as that prescribed in this article in cases of depredations
against citizens. And the said trb agree not to shelter or conceal To surrender
offenders against the United States, but to deliver them up for trial by ofenders.
the authorities.
ARTICLE X. The above tribes and bands are desirous to exclude from A my anuities
their reservation the use of ardent spirits, and to prevent their people be witheldfo
thnose drinking
from drinking the same, and therefore it is provided that any Indian be- ardent spirits.
longing thereto who shall be guilty of bringing liquor into said reserve,
tion, or who drinks liquor, may have his or her proportion of the annuities
withheld from him or her for such time as the President may determine.
A=CLz XI. The United States further " to establish at the united States
general agency for the district of Pugetes Sound, within one year from to establih
the ratification hereot and to support for the period of twenty years, an hoch
agricultural and industrial school, to be free to children of the said tribes
and bands in common with those of the other tribes of said district, and
to provide a smithy and carpenter's shop, and furnish them with the nee- Mehanice
essay tools, and employ a blacksmith, carpenter, and farmer for the term shop.
of twenty years, to instruct the Indiana in their respective occupations.
And the United States frther agree to employ a physician to reside at To employ a
the said central agency, who shall furnish medicine and advice to the physician
sick, and shall vaccinate them; the expenses of the mid school, shops,
persons employed, and medical attendance to be defrayed by the United
States, and not deducted from the annuities.
A3T4LB XIL The aid tribes and bands agree to free all laves now Tribes tofee
held by them, and not to purchase or acquire others hereafter. saveid not to
ARTICLE XIIL The said tribes and bands finally agree not to trade avttotrade others.
at Vancouver's Island, or elsewhere out of the dominions of the United out of the United
States, nor shall foreign Indians be permitted to reside in their reserva- State.
tions without consent of the superintendent or agent.
ARTICLZ XIV. This treaty shall be obligatory on the contracting When treaty
parties as soon as the same shall be ratified by the President of the to take effeet.
United States.
In testimony whereof, the said Iassa L Stevens, governor and superin- Signatures,
tendent of Indian affairs, and the undersigned chieft, headmen, and doe- an"ary 26,15.
gates of the aforesaid tribes and bands of Indians have hereunto set their
hands and seals at the place and on the day and year hereinbefore written.
ISAAC . STEVENS, Goverwr and perintwsdwn [L. a.]
CHITS-A-AH-HAN, the Duke of York, his x mark. [L. a.]
DAH-WHILLK Cie of the ,S*Ioo-nswi.
KUL-KAH-HA., or gener Pierce, vis xx mark
his mark. [L. a.
[T a.]
Woif of mhe Chem-a" n
HOOL-OLE..A or Jim, &o-oa* nh-chief.
SAI-A-KADE, or Frank, &o-o-wiA
ma dcef. his x mark.
mark L.a.]
[r.a.
LOO-GWEH-oOS, or Georg, hig X mark. [L.S.
-A0 iA f.

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 TREATY wrrH LALLAMS. JANUAR 26,1855.
E-DAGH-TAN, or Tom, So-mieA ub-chief. his x mark. [L. s.J
KAI-A-HAN, or Daniel Webster, his x mark. [L. 8.
(Ihem-a-um.ub-chief.
KLEH-A-KUNST, Ohem-a-m 8ub-chief. his x mark. L. S.
HE-ATL, Duke of Clarence, ,S'klalam 8ub-chief. his x mark. L. S.
LACH-KA-NAM, or Lord Nelson, his x mark. ,L. S.
,Sklalam 8"~cief.
TCHOTEST, SIam sub4-hief his x mark. [L. 3.]
HOOT-OTE ST, or General Lane, his x mark. CL. a.)
S'klam sub-chief.
TO-TOTESH, S'kkdln rub-chief. his x mark. *L.s."
HAH-KWIA-MIHL, Sklalnm sub-chief. his x mark. 'L. 8:
SKAI-SE-EE, or Mr. Newman, ,Tk' 8uWcief. his x mark. "L.s.'
KAHS-SAHS-A-MATL, ,Sklagam sub-chief, his x mark. :L. B."
S'HOTE-CH-STAN, S'-kl.lam sub6chief. his x mark. "L.S.'
LAH-ST, or Tom, eklolicm sub-chief. his x mark. 'L. s.'
TULS-MET-TUM, Lord Jim, ,'Okakdm sub-chief his x mark. ". s.
YAHT-LE-MIN, or General Taylor, his x mark. "L. s..
S'klolarn uche
IKLA-KOISHT, or Captain, S'kkdam sub-chief. his x mark. ~L.
SNA-TALC, or General Scott, ,S'ktallam 8ub-chief. his x mark.
TSEH-A-TAKE, or Tom Benton, his x mark. IL.5.]
S'ktaffam 8ub-chief.
YAH-KWI-F,-NOOK, or General Gaines, his x mark. [L. a.]
k.Fala. sub-chief.
KAI-AT-LAH, or General Lane, Jr., his i mark. [L. S.]
Shiallam sub-chief.
CAPTAIN JACK, S'klalfamnsub-chief. his x mark. EL--S.
HE-AOH-KATE, Skadiln sub-chief. his x mark. L .
rSOH-AS-HAU, or General Harrison, his x mark. [L. s.1
Skiallam sub-chiif.
KWAH-NALT-SOTE, S'-kl m subchief. his x mark. -L.S."
S'HOKE-TAN, SkMa1am sub-chief. his x mark. L. 8:
PAITL, Skala sub-ief. his x mark. L. S-
WEN-A-UAP, .SMa/Uam sub-chiesf. his x mark. *T.s.
KLNW-SUM-AH, B'kalam sub-chef. his x mark. L. S.
SE-ATT-HOME-TAU, S'klal/am subchief. his x mark. L.s.
TSAT-SAT-HOOT, S'kkadlam tribe, his x mark. 'L. s
PE-AN-HO, ,Sklaffan tribe. his x mark. 'L. S.
YI-AH-HUM, or John Adams, S'klaliam tribe. his x mark. L. s.
TI-ITCH-STAN, S'MaUam tribe. his x mark. 'L. a.
S00-YAHNTCH, S 'ktam tribe, his x mark. :L. 0..
TT-SEH-A-TAKE, S'Uaffam tribe, his x mark. L.s.
HE-ATS-AT-SOOT, S'kalam tribe, his x mark. 'L.a.'
TOW-OOTS-HOOT S'kalam. tribe, his x mark. 'L. s.'
TSHEH-HAM, or General Pierce, S'kkfllam tribe, his x mark. 'L. a.'
KWIN-NAS-SUM, or George, ,' kkdlm tribe. his x mark. 'L. S.'
HAI-AHTS, John, S'daZmn tribe. his x mark. %..S.'
HAI-OTEST, John, S'kalam tribe. his x mark. 'L.5.'
SEH-WIN-NUM, Skallam tr'e, his x mark. 'L.S.'
YAI-TST, or George, S'klaam trib, his x mark. 'L. S.'
HE-PAIT, or John, Skialtam tribe, his x mark. 'L.a.
SLIMM, or John, S'klalam tribe. his x mark. 'L.a.'
T'KLAL'-SOOT, or Jack, ,kia&m tribe. his x mark. L. S.
STAI-TAN, or Sam, Sk/a/lam tribe, his x mark. L. B.
HUT-TETS-00"'; eka/lkm tribe. his x mark. "L.a.
HOW-A-0WL, S'kallam tribe. his x mark. 'L. S.

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 TEATY WITH THE S'KLALLAMS. JANuART 26, 1855. 987
Executed in the presence of us--
M. T. Srtmoms,
C. H.MASON, S&c&ay Wlaptot Tktot,
Bgxj. V. SHAW, Lteroreter,
JoN H. SCRANTON,
JosIAH P. KELLER,
C. X HITcOOCIx, M. D.,
A. B. Govn,
H. A- GOLDSBOROUGR,
B. J. MADIsoN,
F. A. RowE,
JAs. II. HUNT,
GEORGE GIBBS, ,S.e&an&7,
JOHN J. REILLY,
RORT. DAvis,
5. S. FoRD, Jr.,
H. D. COOK,
ORINGTON CUSMXN,
J. CONKLIN.
And whereas, the said treaty having been submitted to the Senate of Ratiflon,
the United States for its constitutional action thereon, the Senate did, on March 8,1850.
the eghth dayof March, one thousand eight hundred and fifty-nine, advise
and consent to the ratification of the same, by a resolution in the words
and figures following, to wit:
"LN ExECUTMVE SESSION,
"SENATE O THE UNrrzD STATES, March 8, 1859.
"Rsoeed, (two thirds of the senktors present concurring,): That the
Senate advise and consent to the ratification of treatT between the.United
States and the S'Klallams Indians occupying lands in the Straits of Fuca
and Hood's Island, in Washington Territory, signed 26th January, 1855.
"Attest: "ASBURY DICKINS, ,.cretar."
Now, therefore, be it known that I, JAMES BUCHANAN, President Prelmatlo
of the United States of America, do, in pursuance of the advice and con- April 2,18.
sent of the Senate, as expressed in their resolution, of the eighth of March,
eighteen hundred and fifty-nine, accept, ratify, and confirm the said treaty.
In testimony whereof, I have caused the seal of the United States to be
hereto affixed, and have signed the same with my hand.

Done at the city of Washington, this twenty-ninth day of April,

in the year of our Lord one thousand eight hundred and fifty-
[s.Ariu] nine, and of the independence of the United States the eighty-
third.
JAME% BUCHANAN.
By the President:
L wis CAss, &mtat of &at&

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HeinOnline -- 12 Stat. 938 1855-1863
 TREATY WI=~ THE NANAH TRIBE 'JAM. 81, 1I55.

2"hhM oUnited Sta of Ametima and the AWa Mle of

°at Heak Ba3, Wa.ngton Taitolwary 81,
1855. Ratsfe kg th &nateMare 8, 1859. .olAvimed by the
Presidwn ofAe nited States, Aprais,
11859.

JAMES BUCHANAN,
PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALL A" INGULAR TO WHOM TH385 PRusinTs SHALL 001[1 GRn=G: Jmary 81tlS

Wlnaus a treaty was made and concluded at Neah Bay, in the

Territory of Washington, an the thirty-first day of January, eighteen
hundred and fifty-five, between Isaac L Stevens, governor and superin-
tendent of Indian affairs for said Territory, on the part of the United
States, and the hereinafternamed chiefs, headmen, and delegates of the
several villages of the Makah tribe of Indians, viz.: Neah Waateb,Tsoo.
Yess, and Osett, occupying the country around Cape Classeft or Flattery,
on behalf of the said tribe and duly antborize by the same, which treaty
is in the words and figures following, to wit:
Articles of agreement and eonention, made and concluded at Neah n0tn
Bay, in the Territory of Washington, this thirty-first day of January, in Partlu.
the year eighteen hundred and fifty-ve, by Isaa I. Stevens, goversno
and superintendent of Indian affirs for the said Territory, on the part of
the United States, and the undersigned chiefho headmen, and delegates -
of the several villages of the Makah tribe of Indians, viz.: Neah Wasato,
Tsoo-Yess, and Osett, occupyiug the country around Cape Classett or
Flattery, on behalf of the said tribe and duly authorized by the same.
A TIcLz L The said tribe hereby cedes, relinquishes, and conveys Surrder of
to the United States all their right, title, and interest in and to the UidsdStates.
and country occupied by it, bounded and described as follows, viz: Corn- Bodarim
mencing at the mouth of the Oke-ho River, on the Straits of Fuea;
thence running westwardly with said straits to Cape Classett or Flattery;
thence southwardly.along the coast to Osett, or the lower Cape Flattery;
thence eastwardly along the line of lands occupied by the Kwe-ddh-tut or Treatles, at,
Kwill-eh-yute tribe of Indians, to the summit of the coast range of moun- P.- '
talus, and thence northwardly along the line of lands lately ceded to the
United States by the S'Klallan tribe to the place of beginning, including
sll the islands lying off the same on the straits and coast.
ATICrL I There is, however, reserved for the ptesent use and oeca- Reseatcen.
pation of the said tribe the following tract of land, viz.: Commencing on Bo-udarfaL
the beach at the mouth of a small brook running into Neah Bay next to
the site of the old Spanish fort; thence along the shore round Cape
Classett or Flattery, to the mouth of another small stream running into
the bay on the south side of said cape, a little above the Waatch village;
thence following said brook to its source; thence in a straight line to the
source of the first-mentioned brook, and thence following the same down
to the place of beginning; which said tract shall be set apart, and so far
as necessary surveyed and marked out for their exclusive use; nor shall Whites not to
any white man be permitted to reside upon the same without permission reiethr0
of the said tribe and of the superintendent or agent; but if necessary for ... --
the public convenience, roads may be run through the said reservation, msde.
the Indians being compensated for any damage thereby done them. It is,
however, understood that should.the President of the United States here-
VOL. xiI 1wu.-121

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940 TREATY. WMTH TEM'ArAH TRIBE. JA. 81, 1855.
Other mendly after see fit to place upon the said reservation any other friendly tribe or
bands
plaed-'MYkon be to occupy the sme In common with those above mentioned, he shal!
16 band
at liberty do so.
b&dto e A ioLi 7 to
I. The said tribe agrees to remove to and settle upon the said
on resration reservation, if required so to d, within one year after the ratification of
within ay'. this treaty, or sooner, if the means are framished them. In the mean time
it shall be lawful for them to reside upon any land not in the actual claim
and occupation of citizens of the United States, and upon any land claimed
or oocupied, if with the permission of the owner.
Rights an ARTIoL. IV. The right of taking fish and of whaling or sealing at usual
pri and accustomed grounds and stations is further secured to said Indians in
common with all citizens of the United States, and of erecting temporary.
houses for the purpose of curing, together with the privilege of hunting
and gathering roots and berries on~open and unclaimed lands: J vds4
Proviso. Aoeur, That they shall not take shell-ash from any beds staked or
cultivated by citizens.
ARiTCLE V, In consideration of the above cession the United States
t, t by agree to pay to the said tribe the sum of thirty thousand dollars, in the
states,. following manner, that is to say: During the fitt year after the ratification
hereog three thousand dollars; for the next two years, twenty-five hundred
dollars each year; for the next three years. two thousand dollars each
year; for the next four years, one thousand five hundred dollars each
year; .and for the next ten years, one thousand dollars each year; all
How to be which said sums of money shall be applied to the use and benefit of the
applied, said Indians, under the direction of the President of the United States,
who may from time to time determine at his discretion upon what bene-
ficial objects to expend the same. And the superintendent of Indian
affairs, or other proper offcer, shall each year inform the President of the
wishes of said Indians in respect thereto.
fAtpopriatio ARTicLE VI. To enable the said Indians to remove to and settle upon
for clearln ,nd their aforesaid reservation, and to clear, fence, and break up a sufficient
ancng e. quantity of land for cultivation, the United States further agree to. pa"
the sum of three thousand dollars, to be laid out and expended under the
direction of the President, and in such manner as he shall approve. *And
any substantial improvements heretofore made by any individual Indian,
and which he may be comVeled to abandon in consequence of this treaty,
shall be valued under the direction of the President and payment made
therefor accordingly. I
Indina my be ARTzCLx.YII. The President may hereafter, when in his opinion the
removed ftm interests of the TerriTy shall require, and 4he welfare of said Indians be
the reservation. promoted thereby, remove them from said reservation to such suitable
place or places within said Territory as he may deem fit, on remunerating
them for their improvements and the expenses of their removal, or may
rie may be eosolidate them with other friendly tribes or bands; and he may further,
'oedl'ate at his discretion, cause the whole, or any portion of the lands hereby
reserved, or of such other land as may be selected in lieu thereof, to be
surveyed into lots, and assign the same to such individuals or families as
are willing to avail themselves of the privilege, and will locate thereon as
a permanent home, on the same terms and subject to the same regulations
VoL x.p. 104& as are provided in the sixth article of the treaty with the Omahas, so far
Annuities Of as the same may be practicable.
tribes not to pay ARTICLu VIIL The annuities of the aforesaid tribe shall not be taken
debts of indl to pay the debts of individuals.
viduahS. A TioLe IX. The said Indians acknowledge their dependence on the
The Indians
reserve ~ to government of the United States, and promise to be friendly with all
rln &." citizens thereof, and they pledge themselves to commit no depredations on'
T f the property of such citizens. And should any one or more of Abem
&p~'eSL violate this pledge, and the fact he satisfactorily proven Wre Abe ~
;Sot
the property taken shall. be returned, or in default thereof; or tf

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 TREATY WITH THE MAIXA TRIBE. J". 81,1855. 941

destroyed, compensation may be made by the government out of their

annuities. Nor will they make war on any other tribe except in self- Nott matei.
defence, but will submit all matters of difference between them and other war except.
Indians to the government of the United States or its agent for decision
and abide thereby. And if any of the said Indians commit any depre-
dations on any other Indians within the Territory, the same rule shall
prevail as that prescribed in this article in case of depredations against
citizens. And the said tribe agrees not to shelter or conceal offenders offinde.TO 811TaldU
against the United States, but to deliver up the same for trial by the
authorities.
ARrIOLE X. The above tribe is desirous to exclude from its reservation Anmites to be
the use of ardent spirits, and to prevent its people from drinking the those wttold from
drinking
same, and therefore it is protided that any Indian belonging thereto who ardent sphits
shall be guilty of bringing liquor into said reservation, or who drinks
liquor, may have his or her proportion of the annuities withheld from him
or her for such time as the President may determine.
ARTicLE XL The United States further agree to establish at the general The Unitd
estab-
agency for the district of Pugets Sound, within one year from the ratifi- ,,Sttsto
ates
an Soon]-
cation hereof, and to support for the period of twenty years, an agricultural tur &. school
and industrial school, to be free to children of the said tribe in common for the Indians.
with those of the other tribes of said district and to provide a smithy and
carpenter's shop, and furnish them with the necessary tools and employ a to provide
blacksmith, carpenter and farmer for the like term to instruct the Indians tools and employ
in their respective occupations. Provided houever, That should it be
deemed expedient a separate school may be established for the benefit of
said tribe and such others as may be associated with it, and the like
persons employed for the same purposes at some other suitable place.
And the United States further agree to employ a physician to reside at 'a pby-feiai,
the said central agency, or at such other school should one be established,
who shall furnish medicine and advice to the sick, and shall vaceinate
them; the expenses of the said school, shops, persons employed and
medical attendance to be defrayed by the United States and not deducted
from the annuities. The tribe is to
ARTICL] XII. The said tribe agrees to free all slves now hekl by its o savquire
oter e
people and not to purchase or acquire others hereafter.
AnTICL XIIL The said tribe finally agrees not to trade at Vancouver's notto trade out
Island or elsewhere out of the dominions of the United States, nor shall st t
foreign Indians be permitted to reside in its reservation without consent Foreign Indiam
of the superintendent or agent,. not to reide an
ARTICL XIV. This treaty sall be obligatory on the contracting When yto
parties as soon as the same shall be ratified by the President of the take effe
United States.
In testimony whereof, the said Isaac I. Stevens, governor and superin. Signatures,
tendent of Indian affairs, and the undersigied, chie, headmen and dele- Jannary 83685.
gates of the tribe aforesaid have hereunto set their hands and seals at the
place and on the day and year hereinbefore written.
ISAAC I. STEVENS, Governor and S erinlendt&. [L. a.]
TSE-KA.UWTL, Head Oaf of the Afaukak 7W. his x mark. -L. 5."
KAL-CHOTE, Sub-chief of the akabe. his x mark. 'L.s.
TAH-A-HOWTL, Sub-chif of the Makahs. his x mark. *L.s:
KAH-BACH-SAT, Suchief of the Makahs. his x mark. 'L. 5.
KETS-KUS-SUM, Sub.chief of the fakahs his x mark. 'r. *.'
HAATSE, Sub-chie ofw
the M ias. his x mark. Ls
KEH-CHIOOK, Sub-chief of as Mama his x mark. 'L.s.
IT-AN-DA-HA, S4-chif of th Maa/ha. his x mark. I. a.'
KLAH-PE-AN-HIE, or Andrew Jackson, Sub-eief of e AfahaAs.
his x mark. [L.s.)
TSAL-AB-OOS, or Peter, Yeah Ville. ie x mark. [L. a.]

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942 TREATY WITH THE MAKA TIB_. J.&i. 81, 1855.
TAHOLA, e/i V, his x mark. .s.
KLEHT-LI-QUAT-STI, Waatck lage. his x mark. 'L.a.
TOO-WHAII-TAN, Waakhc Village. his x mark. LL. 8.
TAHTS-KIN, ec& rilae. his x mark. 'L. a:
NENCHOOP, NTeah Village his xnmark. '. a
AH-DE-AK-TOO-AH, Ona ape. his x mark. L. B.
WILLIAM, ea/ Vllage. . his x mark. 'L. e,'
WAK-KEP-TUP, Waatch Villge. his x mark. "L.S.:
KLAHT-TE-DI-YUKE, WaatcA igae. his x mark. 'L. s.
OOBICK, Waatch Vs-Mage. his x mark. 'L.8.
BICH-TOOK, Waath v'lflag. his x mark. "L.s.
BAHT-SE-DITL, NZeak Fislaga. his x mark. L. a.'
WACK-SHIE, eah Vi/age. his x mark. L. S."
HAH-YO-HWA, W iatcA Vilagre. his x mark. L. s.
DAHT-LEEK, or Mines, Ontt Vsijage. his x mark. 'L.s.:
PAH-HAT, _Noah riVle. his x mark. L. 8.
PAI-YEH, Oseft Vilage. his x mark. L. s.
TSAH-WEH-SUP, 1e Vl-lg his x mark. 'L. 8.'
AL-IS-KAH, OseW Viage. his x mark. 'L.A:
KWE-TOW'TL, oah Vllage. his x mark. 'L.S.
KAHT-SAHT-WHA, -eca VVIle. his x mark. 'L. s.'
TCHOO-QUUT-LAH, or Yes Sir, NecA Viage. his x mark. '. s."
KLATTS-OW-SEHP, 1eA VV&lae. his x mark. 'L. S.'
KAI-KL-CHIS-SUM, leah Y'lage. his x mark 'L. S.
KAH-KWT-LIT-HA, Waatci Viage. his x mark. L.s.:
HE-DAH-TITL, flea Vllage.
O his x mark. L. s. ,
SAH-DIT-LE-UAD, Waatdc Vzage. his x mark. 'L. e.
KLAH-KU-PIHL, Too-ee Vilge. his x mark. L. ..
BILLUK-WHTL, Teoo-9e Village. his x mark. L. 8:
KWAH-TOO-QUALH, Tooee Vle. his x mark. L. a.'
YOOCH-BOOTT, Taco-ea Vilage. his x mark. "..S.
SWELL, or Jeff. Davis, 7Ak viflage, his x mark. *. s.:

Executed in the presence of us. The words "five hundred" being first
interlined in the 5th article, and erasures made in the 8th and 9th articles.
M. T. Snmmoxs, Indin Agent.
GEORGE GIBs, Secretr .
B. F. SH&w, iAte p r.
C. M. HIrc-coCK, M. D.
E. S. FOWLER.
ORRINGTO1 CUSREAN.
Row. DAVIS.

CoDmes or And whereas, the said treaty having been dubmitted to tie Senate of
sente,march a,the United States for its constitutional action thereon, the Senate did, on
1MB. the eighth day of March, one thousand eight hundred and fifty-nine,
advise and consent to the ratification of the same by a resolution -in the
words and figures following, to wit:-
"IN ExEcuTIVE SUEsoN,
"SmwrTz op'Ti UNITED STATES, March'8, 1859.
"ao ve4 (two thirds of the senators present concurring,) That the
Senate adviie and consent to the ratification of treaty between the United
States and the chiefs, headmen, and delegates of the Makah tribqs of
Indians oceupying the country around Cape Classett or Flattery, in
Washington Territory, signed 81st January, 1855. /
"Attest: "ASBURY DICKINS, SecknP'

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 TREATY WITH THE MAXCAR TRIBE. JAN. 81, 1855. 948

Now, therefore, be it known that I, JAMES BUCHANAN, President Prktio,

of the United States of America, do, in pnrsuance of the advice and Apri 18is859.
consent of the Senate as expressed in their resolution of March eighth,
eighteen hundred and fifty-nine, hereby accept, ratify, and confirm the
said treaty.
In testimony whereof, I have caused the seal of the United States to
be hereto affixed, having signed the same with my hand.
Done at the city of Washington, this eighteenth day of April,
in the year of our Lord one thousand eight hundred and y-
CszAL.] nine, and of the independence of the United States the
eightythir JAM S BUCHANAN.

By the President:
.amws Ci,., Bovw.y of &w.

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HeinOnline -- 12 Stat. 944 1855-1863
TRX&TY WITH THE WALL&-WALLAS, & Jm 9, 1855

Treat hetwwsn do United StaWe and the Walls-Wae, Caues1 V

Umiatila 2Wbes and Band, of Indian in Washington and Oregon Tr-
ritona. Obolded at Camp Sens,in tae Walla- Watfa Va , WVash-
ington Terrvwy, June 9, 1855. Ratified by th Senate, Mardt 8,1859.
.Iwocuied by tae Presidentof the Visitd Sate., April 11, 1859.

JAMES BUCHLAN,
PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALL AND SINGULAR TO WHOM TRUE PRISMRT SHALL COME, GREIUrGN: June 9, 1U

. W ;nuAe a treaty was made and concluded at the treaty ground, Camp Preamble.
Stevens, in the Walla-Walla Valley on the ninth day of June, one thousand
eight hundred and fify-five, between Isaac L Stevens, governor and
superintendent of Indian affairs for the Territory of Washington, and Joel
Palmer, superintendent of Indian afirs for Oregon Territory, on the part
of the United States, and the hereimafter named chiefs, headmen and
delegates of the Walla-WaUa, Cayuses and Umatilla tribes and bands of
Indians, occupying lands partly in Washington and partly in Oregon Ter-
ritory, they being duly authorized thereto by said tribes and bands; which
treaty is in the following words and figures, to wit:
Artiles of a ment and convention made and concluded at the treaty Contraeting
ground, Cap Stevens, in the Wala-Walla Valley, this ninth day of June, Pare".
in the year one thousand eight hundred and fifty-five by and between
Isaac I Stevens, governor and superintendent of Indian afirs for the
Territory of Washington, and Joel Palmer, superintendent of Indian
affairs lor Oregon Territory, on the part of the United States, and the
undersigned chiefs, headmen, and delegates of the Walla-Wallas, Ca-
yuses, and Umatila tribes, and bands of Indians, occupying lands partly in
Washington and partly in Oregon Territories, and who, or the purposes
of this treaty, are to be regarded as one nation acting for and in behalf of
their respective bands and tribes, they being duly authorized thereto; it
being understood that Superintendent L . Stevens assumes to treat with
that portion of the above named bands and tribes residing within the Ter- -
ritory of Washington, and Superintendent Palmer with those residing
within Oregon.
ARzTiOcL L The above named confederated bands of Indians cede to 08081,0n to the Of
the United States all their right, title, and claim to an and every pat of adstedtat..
the country clahnedby them, included in the following boundaries, to wit: Boundaries.
Commeneing at the mouth of the Tom-ton River, in Washington 1 Ti-
tory, running thence up said river to its source; thence easterly alonh the
summit of the Blue Mountains, and on the southern boundlries of the pur-
chase made of the Nes Pere& Indians, and easterly along that boundary to
the western limits of the country claimed by the Shoshonees or Snake
Indians; thence southerly.along that boundary (being the waters of Pow-
der River) to the Source of Powder River, thence to the head waters of
Willow Creek, thence down Willow Creek to the Columbia River, thence
up the channel of the Columbia River to the lower end of a large island
below the mouth of Umatila River, thence northerly to a point on the
Yakama River, called Tohmah-luke, thence to Le Lao, thence to the White
banks on the Columbia below Priest's Rapids, thence down the Columbia
River to the junction of the Columbia and Snake Rivers, thence up the
Snake River to the place of beginning: Ar ided, however, That so much Boundajea

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946 TREATY WITH THE WALLA-WALLAS, &e. Jum 9, 1855.
of the country described above as is contained in the following boundaries
shall be set apart as a residence for said Indians, which tract for the pur-
Rewwatiu. poses contemplated shall be held and regarded as an Indian reservation;
to wit: Commencing in the middle of the channel of Umatilla River oppo-
site the mouth of Wild Horse Creek, thence"up the middle of the channel
of said creek to its source, thence southerly to a point in the Blue Moun-
tains, known as Lee's Encampment, thence in a line to the headwaters of
Howtome Creek, thence west to the divide between Howtome 4nd Birch
Creeks, thence northerly along said divide to a point due west of the south-
west corner of William C. McKay's land claim, thence east along his line
to his southeast comer, thence in a line to the place of beginning; all of
which tract shall be set apart and, so far as necessary, surveyed and
Whites not to marked out for their exclusive use; nor shall any white person be per-
reside thereon, mitted to reside upon the same without permission of the agent and super-
unlos, 40. intendent. The said tribes and bands agree to remove to and settle upon
&tfir intoa the same within one year after the ratification of this treaty, without any
year. additional expense to the government other than is provided by this
treaty, and until the expiration of the time specified, the said bands shall
be permitted to occupy and reside upon the tracts now possessed by them,
guaranteeing to all citizen[slof the United States, the right to enter upon
and ocupy as settlers any lands not actually enclosed by said Indians:
t,a Prodde, also, That the exclusive right of taking fish in the streams run-
prilveges s- ning through and bordering said reservation is hereby secured to said
da the - Indians, and at all other usual and accustomed stations in common with
citizens of the United States, and of erecting suitable buildings for curing
the same; the privilege of hunting, gathering roots and berries and pas-
turing their stock on unclaimed lands in common with citizens, is also
Proviso Incase secured to them. And pro dua, abo, That if any band or bands of Indians,
an tribe does residing in and claiming any portion or portions of the country described
cede to th in this article, shall not accede to the terms of this treaty, then the bands
trety. beoming parties hereunto agree to reserve such part of the several nd
other payments herein named, as a consideration for the entire country
described as aforesaid, as shall be in the proportion that their aggregate
number may have to the whole number of Indians residing in and claim-
ing the entire country aforesaid, as consideration and payment in full for
AMowance for the tracts in said country chaimed by them. n prodd aso, That
Imprvements, if' when substantial improvements have been made by any member of the
bands being parties to this treaty, who are compelled to abandon them in
consequence of said treaty, (they] shall be valued under the direction of the
President of the United States, and payment made therefor.
Payments by A.RTIOL II. In consideration of and payment for the country hereby
te United ceded, the United States agree to pay the bands and tribes of Indians
states. claiming territory and resiing in said country, and who remove to and
reside upon said reservation, the several sums of money following, to wit:
eight thousand dollars per annum for the term of five years, commencing
on the firast day of September, 1856; six thousand dollars per annum for
the term of five years next succeeding the first five; four thousand dollars
per annum for the term of five years next succeeding the second five, and
two thousand dollars per annum for the term of five years next succeeding
the third five; all of which several sums of money shall be expended for
Now to be ex- the use and benefit of the confederated bands herein named, under the
pended. direction of the President of the United States, who may from time- to
time at his discretion determine what proportion thereof shall.be expended
for such objects as in his judgment will promote their well-being, and ad.
vance them in civilization, for their moral improvement and education,, for
buildings, opening and fencing farms, breaking land, purchasing teams,
wagons, agricultural implements and seeds, for clothing, provision and
tools, for medical purposes, providing mechanics and farmers, and for
arms and ammunition.

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TRRATY WITH THE WALLA-WALLAS, &o. Jmm 9, 1855. 947
Ai&Txozu 3H. In addition to the articles advanced the Indians at the United State.
time of signing this treaty, the United States agree to expend the sum of fa
fty thousand dollars during the first and second years after its ratification, bddfng, &s.
for the erection of buildings on the reservation, fencing and opening farms,
for the purchase of teams, farming implements, clothing, and provisions,
for medicines and tools, for the payment of employ&, and for subsisting
the Indians the first year after their removal.
ARTICLE IV. In addition to the consideration above specified, the
United States agree to erect at suitable points on the reservation, one saw- to ert nw.
mill, and one flouring-mill, a building suitable for a hospital, two school- s h,
houses, one blacksmith shop, one building for wagon and ploughmaker and ""Pee
one carpenter and joineg shop, one dwelling for each, two millers, one far. ,
mer, one superintendent of farming operations, two school teachers, one
blacksmith, one wagon and ploughmaker, one carpenter and joiner, to each
of which the necessary out buildings. To purchase and keep in repair
for the term of twenty years all necessary mill fixtures and mechanical
.tools, medicines and hospital stores, books and stationery for schools, and
furniture for employ&.
The United States further engage to secure and pay for the services to employ me-
and subsistence, for the term of twenty years, [of] one superintendent of ohantes, teib-
farming operations, one farmer, one blacksmith, one wagon and plough-
maker, one carpenter and joiner, one physician, and two school teachers.
AtTIOLI V. The United States further engage to build for th4 head t b dweU-
chiefs of the Walla-Walls, Cayuse, and Umatila bends each one dwelling- tog. ouse, &e.
house,five
each to plough
andhundred dollars ten acres
fenceannum
and per of land
in cash for the each,ofand
forterm to pay
twenty to fr head es.
years
The first payment to the Walla-Walla chief to commence upon the sign-
ing of this treaty. To give to the Walla-Wla ehief three yoke of oxen,
three yokes end four chains, one wagon, two-ploughs, twelve hoes, twelve
axes, two shovels, and one saddie and bridle, one set of wdtgon harness,
and one set of plough harness, within three months after the signing of
thstreaty.
"To build for the son of Pio-pio-mox-mox one dwelling-house, end plough Plo-plo-mo -
and
one fence
hundredfivedollar
acres in
of land,.and
cash per to give him
annum, a salary for
commencing twenty years,
September frst, mOZ.
eighteen hundred and fifty-six.
*The improvement named in this section to be completed as soon after
the ratification of this treaty as possible.
It is further stipulated that Pio-pio-nox-mox is seeed forhe term of.
fiva ee e right to buildand oesupy a house at or near the mouth of
Yakama River, to he used as a trading post in the sale of his bands of
wild cattle ranging in that district. A, pro'ded also, Thataed in plo
conse- to b-
quenee of the immigrant wagon road from Grend Round to Umtla, eIendeM*r
passing through the reservation herein specified, thus leading to brp
turmoils ei
end disputes between Indn rd immigrants, and as it is known that a
huedrr. er.
more desirable and practisable route may be had to the south of the pres-
ent road, that a sum not exceeding ten thousand dollars shall be expended
in locating and opening a wagon road from Powder River or Grand
Bound, so as to reach the plain at the western base of the Blue Moun-
tains, south of the southern limits of said reservation.
Akama Ri Vr The Preddent may, frno time to time at his discretion Atentf
wase the whole or such portion as he my think proper, of the tract that land may be
may now or hereafter be set apart as a permanent home for those Indians, e f -
to be surveyed into lots and assgned to such Indians of the onfederated =
hands as may wish to enjoy the privilege, and locate thereon permanently,
to a single person over twenty-one years of age, forty acres, to a faily.
of two persons, sixty acres, to a family of three and not exceeding five,
eighty acres, to a family of six persons end not exceeding tn, one hun-
dred and twenty acres; and to each family otrer ten in number, twenty
VOL. Zrr. TRUAT.-122

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948 TREATY WITH T .E WALLA-WALLAS, &a. Juxn 9, 1855
acres to each additional three members; and the President may provide
for such rules and regulations as will secure to the family in case of the
death of the head thereof, the possession and enjoyment of such perma-
nent home and-improvement thereon; and he may at any time, at his dis-
cretion, ifter such person or family has made location on the land assigned
Patents may as a permanent home, issue a patent to such person or family for such
Issue therefor assigned land, conditioned that the tract shall not be aliened or leased for
Conditions. a longer term than two years, and shall be exempt from levy, sale, or for-
feiture, which condition shall continue in force until a State constitution,
embracing such land within its limits, shall have been formed and the leg-
Restetion not islature of the State shall remove the restriction: oided, howewr, That
to be removed, no State legislature shall remove the restriction herein provided for with-
unless, &C. out the consent of Congress: And providsd, a&o, That if any person or
family, shall at any time, neglect or refose to occupy or till a portion of
the land assigned and on which they have located, or shall roam from
Assignment of place to place, indicating a desire to abandon his home, the President may
paten ma be if the patent shall have been issued, cancel the assignment, and may also
e,"e ' withhold from such person or family their portion of the annuities or other
money due them, until they shall have returned to such permanent home,
and resumed the pursuits of industry, and in default of their return the
tract may be declared abandoned, and thereafter assigned to some other
person or family of Indians residing on said reservation: And provided,
Certain head abso, That the head chiefs of the three principal bands, to wit, Pio-pio-
ehist to have mox-mox, Weyatenatemany, and Wenap-snoot, shall be secured in a tract
10 sees of at least one hundred and sixty acres of land.
Annuities of ARTICL VII The annuities of the Indians shall not be taken to pay
Indiansanot to
pay debts of In-the debts of individual.
diduals. ARTiCoLi VIIL The confederated bands acknowledge their dependence
Bands to p on the government of the United States and promise to be friendly with
i __ all the -citizens thereof, and pledge themselves to commit no depredation
*'

on the property of such citizens, and should any one or more of the In.
dians violate this pledge, and the fact be satisfactorily proven before the
_to pay &. fo agent, the property taken shall be returned, or in default thereof, or if
dePred-daMOD injured or destroyed, compensation may be made by the government out
not to make of their annuities ; nor will they make war on any other tribe of Indians
war, except, &o.except in self-defence, but submit all matter of difference between them
and other Indians, to the government of the United States or its agents
for decision, and abide thereby; and if any of the said Indians commit
any depredations on other Indians, the same rule shall prevail as that
prescribed in the article in case of depredations against citizens. Said
to submit to Indians further engage to submit to and observe all laws, rules, and regu-
regalatit lations which may be prescribed by the United States for the government
of said Indians.
Annutieswith- AnToLU IX. In order to prevent the evils of intemperance among
hea frmM those
drinking liquor. said Indians, it is hereby provided that if any one of them shall ,drink
liquor, or procure it for others to drink, [such one] may have his or her
proportion of the annuities withheld fim him or her for.such time as the
President may determine.
lRght of way Al&TorC X. The said confederated bands agree that, whenever in thb
reservedorrads opinion of the President of the United States the public interest may re-
thro1 reserve- quire it, that all roads highways and railroads shall have the right of way
through the reservation herein designated or which may at any time here-
after be set apart as a reservation for said Indians.
When treaty to AkTioLz XI. This treaty shall be obligatory on the contracting parties
e4G as soon as the same shall be ratified by the President and Senate of the
United Statei.
1Sina=ts In testimony wherec the said L I. Stevens and Joel Palmer, on the
June 0, 155. part of the United States, and the undersigned chiefs, headmen, and dele-

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TREATY WITH THE WALLA-WALLAS, '&c. Jma 9,1855.
gates of the said confederated bands, have hereunto set their hands and
seals, this nint day of June, eighteen hundred and fify-five.
ISAAC I. STEVENS, [L. .)
Governor and Superintendent Wahington Te'ito3.
JOEL PALMER, [L. a.)
Superintendent nti' Affairs, 0. T.
PIO-PIO-MOX-MOX, his x mark. [L.s]
Head Chief of Wa.a- Wfian.
MEANI-TEAT or Pierre, his x mark. [I)
WEYATENATEMANY, his x mark. 1L.
Head 0hief of Caywues.
WENAP-SNOOT, his x mark. [L. 5.]
Head Chief of Visalila
KAMASPELLO, his x mark. L. S.'
STEACHUS, his x mark. . a.
HOWLISH-WAMPO, his x mark. .'
FIVE CROWS, his x mark, L. s.'
STOCHEANIA, his x mark. 'L. 8:
MU-HOWLISH, his x mark. 'L. 5:
LIN-TIN-MET-CHEANIA, his x mark. 'L. e.
PETAMYO-MOX-MOX, his x mark. 'L. 8.
WATASH-TE-WATY, his x mark. 'L. 8:
SHE.YAM-NA-KON, his x mark. 'L. S.,
QUA-CHIM, his x mark. "L. 8.
TE-WALCA-TEMANY, his x mark. 'L. 9:
KEANTOAN, his x mark. L. ."
U-WAIT-QUAICK, his x mark. 'L. a.:
TILCH-A-WAIX his x mark. L. 9.
LA-TA-CHIN, is x mark. 'L. 8.
KACHO-ROLICH, his x mark. "L.a.'
KANOCEY, his x mark. 'L. 8:
SOM-NA-HOWLISH, his x mark. L. S.
TA-WE-WAY, his x mark. I. B.'
HA-HATS-ME-CHEAT-PUS, his x mark. L. S.
PE-NA-CHEANIT, his x mark. 'L. s.'
HA-YO-MA-KIN, his xmark. L.
YA-CA-LOX, his x mark. L. 5.
NA-KAS, his x mark. 'L. ":
STOP-CHA-YEOU, his x mark. 1. a.'
HE-YEAU-SHE-KEAUT, his x mark. 'L. S.
SHA-WA-WAY, his x mark. "L.6:
TAM-CHA-KEY, his x mark. 'L. s;
TE-NA-WE-NA-CHA, his x mark. 'L. s.
JOHNSON, his x mark. 'L. 8.
WHE-LA-CHEY, his x mark. 'L. s.
Signed in the presence of-
JAXMs Dony, ecretary Treaties.
WE C. MCKAY, &oea Treaies.
C. CMRoUsE, 0. A. .
A. D. P"mu, Intepreter.
Jomi WmToiu, his x mar In.epreter.
M3ATmW DoFA, his x mark, Itterpreter.
WILLX. CRAM, Interprtr.
JAms Coxzy, his x mark, I/apreter.
PATRICK McKENzIF, h.erpreter.
Amon. Gnicnr. JR., BMeve Second ideutenant Q1A Infantr..
R. R. Taompsow, Indian Agent.
C B. MXzowz, Indin6-Agt.

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950 .TREATY WITH THE WALLA-WALLAS, &b, Jbw 9, 185&
.cmnt oSen- And whereas the sad treaty was submitted to the Senate of the United
fltMMeh 6, States for its ednstitutional action thereon, and the said Senate did, on the
eighth day of March, one thousand eight hundred and fiftynine, advise and
consent to the ratification of the same, by a resolution, m the words and
figures following, to wit:
"Iii Exnoimvn SzssroN,
"SrATs oV m UTZTD STATZE, Marh 8, 1859.
"Resoed, (two thirds of the senators present concurring,) That the
Senate atlvise and consent to the ratification of [the] treaty between the
United States and the chiefs, headmen and delegates of the Walla-Wallas,
Cayuses and Umatilla tribes of Indians occupying lands partly in Wash-
ington and partly in Oregon Territories, and signed the 9th day of June,.
1855.
a"Attest: -ASBURY DICKINS, Scweto,'
Now, therefore, be it known that I, JAMES BUCHANAN, President
Aprl 11, 1569. of the United States of America, do, in pursuance of the advice and con-
sent of the Senate, as expressed in their resolution of March the eighth,
one thousand eight hundred and fifty-nine, accept ratify, and confirm said
treaty.
In testimony whereo, I have caused the seal of the United States to
be hereto alxed, and have signed the same with my hand.
Done at 'the City of Washington, this eleventh day of April,
in the year of our Lord one thousand eight hundred and My.
[Sz.L.] nine, and of the independence of the United States the
eighty-third. JAMES BUCHANAN.
By the President:
LEws CABS, &"" Of &at&

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 TREATY WITH THE YAXAXAS. Juimu 9, 180.

T raty etween s eUnted &ate and the Tka .Tato of Indua&

Cownhcld at Qmp &vee, Wals-Waffa Va&y, Jme 9, 1855. Rat-
fw dy the e nate, March 8,1859. Proclaimedby the Preside t of td
United tte, Apri 18, 1859.

JAMES BUCHANAN,
PRESIDENT OF THE UNITED STATE OF A
M RICA,
TO ALL AD SINGUL TO WHOM THESE PRMSNT SHALL OOMK,GREWING: June 9,185.

WHzRAs a treaty was made nd concluded at the Treaty Ground, Preamble.

Camp Stevens, Walla-Walla Valley, on the ninth day. of June, in the
year one thousand eight hundred and fifty-five, between Isaac I. Stevens,
governor, and superintendent of Indian affairs, for the Territory of Wash-
ington, on the part of the United States, and the hereinafter named head
chief, chiefs, headmen and delegates of the Yakama, Palouse, Pisquouse,
Wenatshapam, Klkatat, Klinquit, Kow-was-say-ee, Li-ay-was, Skin-pah,
Wish-ham, Shyilks, Oche-chotes, Kah-milt-pah, and Se-ap-cat, confederate
tribes and bands of Indians, occupying lands lying in Washington Terri-
tory, who, for the purposes of this treaty, are to be considered as one
ngion, under the name of "Yakam s ," with Xamaiakun as its Head
Chief, on behalf of and acting for said bands and tribes, and duly
authorized thereto by them; which treaty is in the words and figures
following, to wit:
Articles of agreement and convention made and concluded at the treaty contact
ground, Camp Stevens, Walla-Walla Valley, this ninth day of June, in the patk&
year one thousand eight hundred and fifty-five, by and between Isaac I.
Stevens, governor and superintendent of Indian affairs for the Territory
of Washington, on the part of the United States, and the undersigned
head chief, chiefs, headmen and delegates of the Yakama, Palouse,
"Pisquouse, Wenatshapam, Klikatat, Klinquit, Kow-was-say-ee, Li-ay-was,
Skin-pab, Wish-ham, Shyiks, Oche-chotes, Kah-milt-pah, and Se-ap-cat,
confederated tribes and bands of Indians, occupying lands hereinafter
bounded and described and lying in Washington Territory, who for the
purposes of this treaty are to be considered as one nation, under the
name of "Yakama," with Kamaiakun as its head chief, on behalf of and
aetig for said tribes and bands, and being duly authorized thereto by
them.
ARTICLE L The aforesaid confederated tribes and bands of Indians cension of
hereby cede, relinquish, and convey to the United States all their right, lands to the
title, and interest in and to the lands and country occupied and claimed United Stes
by them, and bounded and described as follows, to wit:
Commencing at Mount Ranier, thence northerly along the main ridge Boundaries
of the Cascade Mountains to the point where the northern tributaries of
Lake Che-lan and the southern tributaries of the Methow River have their
rise ; thence southeasterly on the divide between the waters of Lake
Che-lan and the Methow River to the Columbia River; thence, rossing
the Columbia on a true east course, to a point whose longitude is one
hundred and nineteen degrees and ten minute.i (1190 10',) which two
latter lines separate the above confederated tribes and bands from the
Oakinakane tribe of Indians; thence in a true south course to the

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452 TREATY WITH THE YAKAKAS. JDmN-9, 1855.
forty-eventh (470) parallel of latitude; thence east on said parallel
to the main, Palouse River, which two latter lines of boundary separate
the above confederated tribes and bands from the Spokanes; thence down
the Palouse River to its junction with the Moh-hah-ne.she, or southern
tributary of the same; thence, in a southesterly direction, to the. Snake
River, at the mouth of the Tucannon River, separating the above con-
federated tribes from the Wez Pered tribe of Indians; thence down the
-Snake River to its junction with the Columbia River; thence up the
Columbia River to the "White banks," below the Priest's rapids; thence
westerly to a lake called "La Lao;" thence southerly to a point on
the Yakama River called Toh-mah-luke; thence, in a southwesterly direo-
tion, to the Columbia River, at the western extremity of the " Big IMland,"
between the mouths of the Umatilla River and Butler Creek; all which'
latter boundaries separate the above confederated tribes and bands from
the WallaWlla use, and Umatilla tribes and bands of Indians;
thence down the Columbia River to midway between the mouths of
White Salmon and Wind Rivers; thence along the divide between said
rivers to the main ridge of the Cascade Mountains; and thence along
said ridge to the place of beginning.
eserratim. AsTiCLE IL There is, however, reserved, from the lands above ceded
for the use and occupation of the aforesaid confederated tribes and bands
of Indians, the tract of land included within the following boundaries, to
wit:
Boundarle. Commencing on the Yanma River, at the mouth of the Attah-nam
River; thence westerly along said Attah-nam River to the forks; thence
along the southern tributary to the Cascade Mountains; thence southerly
along the main ridge of said mountains, passing south and east of Mount
Adams, to the spur whence flows the waters of the Klickatat and Pisce
rivers; thence down said spur to the divide between the waters of said
rivers; thence along said divide to the divide separating the waters of'
the Satass River from those flowing into the Columbia River; thence
along said divide to the main Yakama, eight miles below the mouth of
the Satass River; and thence up the Yakama River to the place of be-
ginning.
Reservatin to All which traet shall be set apart, and, so far as necesary, surveyed
be Set apart, 40. and marked out, for the exclusive use and benefit of said confederated
and Indlan to
setts thereon; tribes and bands of Indians, as an Indian reservation ; nor shall any
whites 3ot to white man, excepting those in the employment of the Indian Department,
reside threon. be permitted to reside upon the said reservation without permission of
the tribe and the superintendent and agent. And the said confederated
tribes and bands agree to remove to, and settle upon, the same, within
one year after the ratification of this treaty. In the mean time it shall be
lawful for them to reside upon any ground not in the actual claim and
occupation of citizens of the United States; and upon any ground claimed
or occupied, if with the permission of the owner or claimant.
Guaranteeing, however, the right to all citizens of the United States,
to enter upon and occupy as settlers any lands not actually occupied and
cultivated by said Indians at this time, and not included in the reservation
above named.
m ments And provided, That any substantial improvements heretofore made by
tobepaid for by any Indian, such as fields enclosed and cultivated, and houses erected
states. upon
in consequence treaty,and
of this ceded,
the lands hereby which
shall be valued, be cmpelled
he mayunder to abandon
the direction of the
President of the United States, and payment made therefor in money;
or improvements of an equal value made for said Indian upon the reserva-
tion. And no Indian will be required to abandon the improvement.
aforesaid, now occupied by him, until their value in money,'or improve-
meats of an equal value shall be furnished him as aforesaid.
ARTIzCL, III.. And prrdd That, if necessary fi the public eon-

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 TREATY WITH THE YAKAMAS. Jwu 9, 1855. 958
venience, roads may be run through the said reservation; and on the Roads mey be
other hand, the right of way, with free access from the same to the nearest made.
public highway, is secured to them; as also the right, in common with
citizens of the United States, to travel upon all public highways.
The exclusive right of taking fish in all the streams, where running Privileg se-
through or bordering said reservation, is further secured to said confed- cred to ndlan.
erated tribes and bands of Indians, as also the right of taking fish at all
usual and accustomed places, in common with citizens of the Territory,
and of erecting temporary buildings for curing them; together with the
privilege of hunting, gathering roots and berries, and pasturing their horses
and cattle upon open and unclaimed laud.
ARTnC L IV. In consideration of the above cession, the United States Payments by
agree to pay to the said confederated tribes and bands of Indians, in addi-. the United
states;
tion to the goods and provisions distributed to them at the time of signing
this treaty, the sum of two hundred thousand dollars, in the following
manner, that is to say: sixty thousand dollars, to be expended under the
direction of the President of the' United States, the first year after the
ratification of this treaty, in providing for their removal to the reservation,
breaking up and fencing farms, building houses for them, supplying them
with provisions and a suitable outfit, and for such other objects as he may
deem necessary, and the remainder in annuities, as follows: for the first
five years after the ratification of the treaty, ten thousand dollars each
year, commencing September first, 1856; for the next five years, eight
thousand dollars each year; for the next five years, six thousand dollars
year;
wer and for the next five years, four thousand per year.
All which sums of money shall be applied to the use and benefit of said how to be ap
Indians, under the direction of the President of the United States, who Plied.
may from time to time determine, at his discretion, upon what beneficial
objects to expend the same for them. And the superintendent of Indian
affairs, or other proper officer, shall each year inform the President of the
wishes of the Indians in relation thereto.
ARTicLz V. The United States further agree to establish at suitable United tab li
States
points within said reservation, within one year after the ratification hereof, to es sh
two schools, erecting the necessary buildings, keeping them in repair, and
providing them with furniture, books, and stationery, one of which shall
be an agricultural and industrial school; to be located at the agency, and
to be free to the children of the said confederated tribes and bands of
Indians, and to employ one superintendent of teaching and two teachers;
to build tw9 blacksmiths' shops, to one of which shall be attached a tin- - mechanies'
shop, and to the other a gunsmith's shop; one carpenter's shop, one wagon abe ,
and ploughmaker's shop, and to keep the same in repair and furnished
with the necessary tools; to employ one superintendent of farming and
two farmers, two blacksmiths, one tinner, one gunsmith, one carpenter,
one wagon and ploughmaker, for the instruction of the Indians in trades
and to assist them in the same; to erect one saw-mill and one flouring- ,w-mM and
mill, keeping the same in repair and furnished with the necessary tools flourng-m1
and fixtures; to erect a hospital, keeping the same in repair and provided hospitaL
with the necessary medicines and furniture, and to employ a physician;
and to erect, keep in repair, and provided with the necessary furniture,
the buildings required for the accommodation of the said employees. The
said buildings and establishments to be maintained and kept in repair as
aforesaid, and the employees to be kept in service for the period of twenty
years.
And in view of the fact that the head chief of the said confederated .Swary to head
tribes and bands of Indians is expected, and will be called upon, to per- chef;Oho b e
form many services of a public character, occupying much of his time, the
United States further agree to pay to the said confederated tribes and
bands of Indians five hundred dollars per year, for the term of twenty
years after the ratification hereof, as a salary for such person as the said

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 954 TREATY WITH THE YAKAMAS. IVuN 9, 1855.
confederated tribes and bands of Indians may select to be their head chief;
to build for him at a suitable point on the reservation a comfortable house
and properly furnish the same, and to plough and fence ten acres of land.
The said salary to be paid to, and the said house to be occupied by, such
head chief so long as he may continue to hold that office.
Kamalakun is And it is distinctly understood, and agreed that at the time of the con-
the head chief, clusion of this treaty Kamaiakun is the duly elected and authorized head
chief of the confederated tribes and bands aforesaid, styled the Yakama
nation, and is recognized as such by them and by the commissioners on
the part of the United States holding this treaty; and all the expenditures
and expenses contemplated in this article of this treaty shall be defrayed
by the United States, and shall not be deducted from the annuities agreed
to be paid to said confederated tribes and bands of Indians. Nor shall
the.cost of transporting the goods for the annuity payments be a charge
upon the annuities, but shall be defrayed by the United States.
Reservation ARTICLE V1. The President may, from time to time, at his discretion,
may be surveyed cause the whole or such portions of such reservation as he may think
Into lots, and as-
signed to individ- proper, to be surveyed into lots, and assign the same to such individuals
uals or families, or families of the said confederated tribes and bands of Indians as are
willing to avail themselves of the privilege, and will locate on the same as
a permanent home, on the same terms and subject to the same regulations
Vol. x. p. 1044. as are provided in the sixth article of the treaty with the Omahas, so far
as the same may be applicable.
pay debts not
to Annuities of ARTICLE VII. The annuities of the aforesaid confederated tribes and
in I duals. bands of Indians shall not be taken to pay the debts of individuals.
Tribes to pro. ARTICLE VIII. The aforesaid confederated tribes and bands of Indians
serve frindly re- acknowledge their dependence upon the government of the United States,
lations; and promise to be friendly with all citizens thereof, and pledge themselves
to commit no depredations upon the property of such citizens.
And should any one or more of them violate this pledge, and the fact
be satisfactorily proved before the agent, the property taken shall be re-
to dpay
for turned, or in default thereof, or if injured or destroyed, compensation may
be made by the government out of the annuities.
not to make Nor will they make war upon any other tribe, except in self-defence,
war but In self- but will submit all matters of difference between them and other Indians
defence; to the government of the United States or its agent for decision, and abide
thereby. And if any of the said Indians commit depredations on any
other Indians within the Territory of Washington or Oregon, the same
rule shall prevail as that provided in this article in case of depredations
to surrender against citizens. And the said confederated tribes and bands of Indians
offenders. agree not to shelter or conceal offenders against the laws of the United
States, but to deliver them up to the authorities for trial.
Annuities may ARTICLE IX. The said confederated tribes and bands of Indians desire
be withheld from to exclude from their reservation the ue of ardent spirits, and to preveot
those who drink
ardet sprit, their people from drinking the same, and, therefore, it is provided that any
Indian belonging to said confederated tribes and bands of Indians, who is
guilty of bringing liquor into said reservation, or who drinks liquor, may
have his or her annuities withheld from him or her for such time as the
President may determine.
Weuatshapaim ARTICLE X. .ndprovided, That there is also reserved and set apart
ishery reserved, from the lands ceded by this treaty, for the use and benefit of the aforesaid
confederated tribes and bands, a tract of land not exceeding in quantity
one township of six miles square, situated at the forks of the Pisquouse or
Wenatshapam River, and known as the "Wenatshapam fishery," which
said reservation shall be surveyed and marked out whenever the Preident
may direct, and be subject to the same .provisions and restrictions as other
Indian reservations.
When treaty ARTICLE XI. This treaty shall be obligatory upon the contracting par-
to take effect, ties as soon as the same shall be ratified by the President and Senate of
the United States.

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 TREATY WITH' THE YAKAMAS. JwNB 9, 1855. 955
In testimony whereof, the said Isaac I. Stevens, governor and super- s%natues,
intendent of Indian affairs for the Territory of Washington, and the under- e 9 15.
signed head chief, chiefs, headmen, and delegates of the aforesaid confed-
ted tribes and bands of Indians, have hereunto set their hands and
als, at the place and on the day and year hereinbefore written.
ISAAC L STEVENS,
Governor and Superintdent. EL. 5]
KAMAIAKUN, his x mark. L. S.
SKLOO iiis x mark. L. S.
OWHI, his x mark. L. S:
TE-COLE-KUN, his x mark. "1.s.
LA-HOOM, his x mark. 'L. ."
ME-NI-NOCK, his x mark. L. s.
ELIT PALMER, his x mark. 'L.S."
WISH-OCH-KMPITS, his x mark. 'L. S.
KOO-LAT-TOOSE, his x mark. 'L. 8.
SHEE-AH-COTTE, his x mark. 'L.8.
TUCK-QUILLE, his x mark. 'L. 5.
KA-LOO-AS,. his x mark. 'L. s.
SCHA-NOO-A, his x mark. LI.S.'
8LA-KISH, his x mark. L. 8.
Signed and sealed in presence of -
JAmEs DoTy, Secretary of Treatiesi
MXm. CLES. PANDOST, 0. At T.,
WaL C. McKA,
W. H. TAPAN, Sub Indian Agy , W. T.,
C. CmRousE, 0. M T.
PATRICK McKzszis, ntrprer,
A. D. PA BURN, ,ermreter,
JOEL PsALumtS Superintndent Indian Afaire, 0. T.
W. D. BIGLOW,
A. D Pmuiwun, Interpreter.
And whereas, the said treaty having been submitted to the Senate of Ration,
the United States for its constitutional action thereon, the said Senate did, Mamh S,1s5.
on the eighth day of March, one thousand eight hundred and fifty-nine,
advise and consent to the ratification of the same by a resolution in the
words and figures following, to wit:
"IN ExECVU TIv Susror,
"SzNATz owr UmvwzD STATES, March 8, 1859.
"Resolved, (two thirds of the senators present concurring,) That the
Senate advise and consent to the ratification of treaty between the United
States and the head chief, chiefs, headmen, and delegates of the Yakama,
Palouse, and other confederated tribes and binds of Indians, occupying
lands lying in Washington Territory, who, for the purposes of this treaty,
are to be considered as one nation, under the name of "Yakama," with
Kamaiakun as its head chief, signed 9th June, 1855.
"Attest: "ASBURY DICKINS, ,Sreta."
Now, therefore, be it known that I, JAMES BUCHANAN, President Proolamatios,
of the United States of America, do, in pursuance of the advice and con- April 8, 189.
sent of the Senate, as expressed in their resolution of March eighth,
one thousand eight hundred and fifty-nine, acept, ratify, and confirm the
said treaty.
VOL. XiI TRAT.-128

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9 8 TREATY WITH THE YAKAXAL& JuNB.9, 185&
In testimony whereof, I have hereunto caused the seal of the United
States to be affixed, and have signed the same with my hand.
Done at the city of Washington, this eighteenth day of ApriL
the year of our Lord one thousand eight hundred and fift
[sAL.] nine, and of the independence of the United States the eights-
third.
JAMES BUCHANAN.
By the President:
Lzwzs CAu, &on" of &W#.

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 TREATY WITH THE NEZ PERC*S. Jmm 11, 1855.

ea ij between the Uted States of Amerioa and the Ne PerciIdians.

Clonclud at Camp Sen., in Y.e W'zla- Wala Vai/, J'se 11, 1855.
RWtfjd by th Senate, March 8, 1859. Pro und k thAPeidmt
of tdo United &ates, April 29, 1859.

JAMES BUCHANAN,
PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALL AD SINGULAR TO WHOM THESE PRESENTS SHALL COME, GREETING: June 11, 185L

WBrEREAS a treaty was made and concluded at the treaty ground, Preamble.
Camp Stevens, in the Walla-Walla Valley, on the eleventh day of June,
one thousand eight hundred and fifty-five, between lsaac I. Stevens, gov-
ernor and superintendent of Indian affairs for the Territory of Washing-
ton, and Joel Palmer, superintendent of Indian affairs for Oregon Terri-
tory, on the part of the United States, and the hereinafter-named Chiefs,
Headmen, and Delegates of the Nez Perc6 tribe of Indians occupying
lands lying partly in Oregon and partly in Washington Territory, between
the Cascade and the Bitter Root Mpuntains, on behalf of and duly an-
thorized by said tribe, which said treaty is in the words and figures follow-
ing, to wit:

Articles of agreement andconvention made and concluded at the treaty Cont

ground, Camp Stevens, in the Walla-Walla Valey, this eleventh day of par1eS
June, in theyear one thousand eight hundred and fifty-five, by and be-
tween Isaac L Stevens, governor and superintendent of Indian affairs for
the Territory of Washington, and Jo~l Palmer, superintendent of Indian
affairs for Oregon Territory, on the part of the United States, and the
undersigned chiefs, headmen, and delegates of the Net Pere4 tribe of In-
dian! ocepying lands lying partly in Oregon and partly in Washington
Territories, between the Cascade and Bitter Root Mountains, on bebalf of,
and acting for said tribe, and being duly authorized thereto by them, it
being understood that Superintendent Isaac L Stevens assumes to treat
only with those of the above-named tribe of Indians residing within the
Territory of Washington, and Superintendent Palmer with those residing
exclusively in Oregon Territory.
ARTioLE L The said Nez Pere6 tribe of Indians hereby cede, reln- Cessionoflands
quish and convey to the United States all their right, title, and interest in.tosa.the United
and to the country occupied or claimed by them, bounded and described
as follows, to wit: Commencing at the source of the Wo-na-ne-she or Boundaries
southern tributary of the Palouse River; thence down that river to the
main Palouse; thence in a southerly direction to the Snake River, at the
mouth of the Tucanon River; thence up the Tucanon to its source in the
Blue Mountains; thence southerly along the ridge of the Blue Mountains;
thence to a point on Grand Ronde River, midway between Grand Ronde
and the mouth of the Woll-low-how River; thence along the divide between
the waters of the Woll-low-how and Powder River; thence to the cross-
ing.of Snae River, at the mouth of Powder River; thence to the Sal-
mon River, fifty miles above the place known [as] the "crossing of the'
Salmon River;" thence' due liorth tQ the summit of the Bitter Root
Mountains; thence along the crest of the Bitter Root Mountains to the
place of beginning.
ARTiCLE IL There is, however, reserved from the lands above ceded umervatl"
for the use and occupation of the said tribe, and as a general reservation

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958 TREATY .,;t= NE7 PERbHS. jM i1, 185&
for other friendly tribes and bands of Indians in Washington Territory,
not to exceed the present numbers of the Spokane, Walla-Walla, Cayuse,
and Umatilla tribes and bands of Indians, the tract of land included with-
9oundaries, in the following boundaries, to wit: commencing where the Mob-ha-na-
she or soutbein tributary of the Palouse River flows from the spurs of
the Bitter R&,ot Mountains; thence down said tributary to the mouth of
the Ti-nat-pan-up Creek, thence southerly to the crossing of the Snake
River ten miles below the mouth of the Al-po-wa-wi River; thence to the
source or the Al-po-wa-wi River in the Blue Mountains; thence along the
crest of the Blue Mountains; thence to the crossing of the Grand Ronde
River, midway between the Grand Ronde and the mouth of the Woll-
low-how River; thence along the divide between the waters of the Well-
low-how and Powder Rivers; thence to the crossing of the Snake River
fifteen miles below the mouth of the Powder River; thence to the Salmon
River above the crossing; thence by the spurs of the Bitter Root Moun-
tains to the place of beginning.
Reservation to All which tract shall be set apart, and, so far as necessary, surveyed
be set apart. &c., and marked out for the exclusive use and benefit of said tribe as an In-
and Indians to dian reservation; nor shall any white man, excepting those in the employ-
settle thereon.
Wites not, ment of the Indian department, be permitted to reside upon the said reser-
reside thereon vation without permission of the tribe and the superintendent and agent;
without, &0. and the said tribe agrees to remove to and settle upon the same within one
year after the ratification of this treaty. In the mean time it shall be
lawful for them to reside upon any ground not in the actual claim and
occupation of citizens of the United States, and upon any ground claimed
or occupied, if with the permission of the owner or claimant, guarantying,
however, the right to all citizens of the United States to enter upon and
occupy as settlers any lands not actually occupied and cultivated by said
Indians at this time, and not included in the reservation above named.
Improvements And provided that any substantial improvement heretofore made by any
tobe paid rby Indian, such as fields enclosed and cultivated, and houses erected upon the
thest
States. lands
ed hereby
eeycddceded, and
n which
hc heemy may beecmeldt
cmpelled to abandon
bno in cns-
ncne
quence of this treaty, shall be valued under the direction of the President
of the United States, and payment made therefor in money, or improve-
ments of an equal value be made for said Indian upon the reservation,
and no Indian will be required to abandon the improvements aforesaid,
now occupied by him, until their value in money or improvemqnts of
equal value shall be furnished him as aforesaid.
Roads may' be . A.TICLE IlL And provided that, if necessary for the public conven-
made. iene, roads may be run through the said reservation, and, on the other
hand, the right of way with free access from the same to the nearest pub-
lic highway is secured to them, as also the right, in common with citizens
of the United States, to travel upon all public highways. The use of the
Clear Water and other streams flowing through the reservation is also
secured to citizens of the United States for rafting purposes, and as pub-
lc highways;
Privilegs se- The exclusive right of taking fish In all the streams where running
eured to Indians. through or bordering said reservation is further secured to said Indians;
as also the right of taking fish at all usual and accustomed places in
common with citizens of the Territory; and of erecting temporary build-
ings for caring, together with the privilege of hunting, gathering roots
and berries, and pasturing their horses and cattle upon open and un-
claimed land.
Paysents by ARTICLz IV. In consideration of the above cession, the United State.
the L~atts4teI agree to pay to the said tribe in addition to the goods and provisions
ditributed to them at the time of signing this treaty, the sum of
two hundred thousand dollars, in the following manner, that is to say,
sixty thousand dollars, to be expended under the direction of the Pren-
dent of the United States, the first year after the ratification of thi,

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 TREATY WITH THE NEZ PERCS. Jmu 11, 1855. 959
treaty, in providing for their temoval to the reserve, breaking up and
fencing farms, building houses, supplying them with provisions and a
suitable outfit, and for such other objects as he may deem necessary, and
the remainder in annuities, as follows: for the first five years after the
ratification of this treaty, ten thousand dollars each year, commencing
September 1, 1856; for he next five years, eight thousand dollars each
year; for the next five years, six thousand each year, and for the next
five years, four thousand dollars each year.
All which said sums of money shall be applied to the use and benefit tPayinents how
of the said Indians, under the direction of the President of the United tobe appli d
States, who may from time to time determine, at his discretion, upon
what beneficial objects to expend the same for them. And the superin-
tendent of Indian affairs, or other proper officer, shall each year inform
the President of the wishes of the Indians in relation thereto.
ARTICLE V. The United States further agree to establish, at suitable United States
points within said reservation, within one year after the ratification hereof, to establish
two schools, erecting the necessary buildings, keeping the same in repair,
and providing them with furniture, books, and stationery, one of which
shall be an agricultural and industrial school, to be located at the agency,
and to be free to the children of said tribe, and to employ one superin-
tendent of teaching and two teachers; to build two blacksmith's shops, to build me-
to one of which shall be attached a tin shop and to the other a gun- Ohanics' shops,
smith's shop; one carpentei's shop, one wagon and ploughmaker's shop,
and to keep the same in repair, and furnished with the necessary tools;
to employ one superintendent of farming and two farmers, two black-
smiths, one tinner, one gunsmith, one carpenter, one wagon and plough-
maker, for the instruction of the Indians in trades, and to assist them in
the same; to erect one saw-mill and one flouring-mill, keeping the same saw-mrm.
in repair, and furnished with the necessary tools and fixtures, and to
employ two millers; to erect a hospital, keeping the same in repair, and hospital.
provided with the necessary medicines and furniture, and to employ a
physician; and to erect, keep in repair, and provide with the necessary
furniture .he buildings required for the accommodation of the said em-
ployees. The said buildings and establishments to be maintained and
kept in repair as aCoresaid, and the employees to be kept in service for
the period of twenty years.
And in view of the fact that the head chief of the tribe is expected, Salary to head-
and will be called upon, to perform many services of a public character, ohie, 'o, &e.
occupying much of his time, the United States further agrees to pay to
the Nez Perc tribe five hundred dollars per year for the term of twenty
years, after the ratification hereof, as a salary for such person as the.tribe
may select to be its head chief. To build for him, ai a suitable point on
the reservation, a comfortable house, and properly furnish the same,
and to plough and fence for his use ten acres of land. The said salary to
be paid to, and the said house to be occupied by, such head chief so long
as he may be elected to that position by his tribe, and no longer.
And all the expenditures and expenses contemplated in this fifth article
of this treaty shall be defrayed by the United States, and shall not be
deducted from the annuities agreed to be paid to said tribe, nor shall the
cost of transporting the goods for the annuity payments be a charge upon
the annuities, but shal be defrayed by the United States.
ARTiCu VL The President may from time to time, at his discre- seservaton
tion, cause the whole, or such portions of such reservation as he may may be surveyed
into lots and as-
think proper, to be surveyed into lots, and, assign the same to such indi- siped to inddvt-
viduals or ftmilies of the said tribe as are willing to avail themselves of unis or famiies.
the privilege, and will locate on the same as a permanent home, on the
same terms and subject to the same regulations as are provided in the
sixth article of the treaty with the Omahas in the year 1854, so far as the Vol. x. p. 1044.
same may be applicable.

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960 TREATY WITH THE NEZ PEiCtd JUE 11, 1855.
Annuitles not AUTICLE VII. The annuities of the aforesaid tribe shall not be taken
1 dlsof to pay thedebts of individuals
Trbe to pre. ARTxL VIII. The aforesaid tribe acknowledge their dependence
serve friendly upon the government of the United States, and promise to be friendly
relation, with all citizens thereof, and pledge themselves to commit no depredations
on the property of such citizens; and should any one or more of them
violate this pledge, and the fact be satisfactorily proved before the agent,
to pay for the property taken shall be returned, or in default thereof, or if injured or
predtions. destroyed, compensation may be made by the government out of the
not to make annuities. Nor will they make war on any other tribe except in self-
war except in defence, but will submit all matters of difference between them and the
sef-defene. other Indians to the government of the United States, or its agent, for
decision, and abide thereby; and if any of the said Indians commit any
depredations on any other Indians within the Territory of Washington,
the same rule shall prevail as that prescribed in this article in caes of
to surrender depredations against citizens. And the said tribe agrees not to shelter or
offenden. conceal offenders against the laws of the United States, but to deliver
them up to the authorities for trial.
Annuitles may ARTICLE IX. The Nez Pero6s desire to exclude from their reservation
those twho 1rtn6 the use of ardent spirits, and to prevent their people from drinking the
ardent spirits same; and therefore it is provided that any Indian belonging to said
tribe who is guilty of bringing liquor into said reservation, or who drinks
liquor, may have his or her proportion of the annuities withheld from
him or her for such time as the President may determine.
Land of WIt- ARTICLE X. The Nez Perc6 Indians having expressed in council a
11am Craig. desire that William Craig should continue to live with them, he having
uniformly shown himself their friend, it is further agreed 'that the tract
of land now occupied by him, and described in his notice to the register
and receiver of the land office 6f the Territory of Washington, on the
fourth day of June last, shall not be considered a part of the reservation
provided for in this treaty, except that it shall be subject in common with
the lands of the reservation to the operations of the intercourse act.
When treaty to ARTIOLE XI. This treaty shall be obligatory upon the contraeting
take effect. parties as soon as the same shall be ratified by the President and Senate
of the United States.
Signatures, In testimony whereof, the said Isaae L Stevens, governor and superin-
June 11, 181. tendent of Indian" affairs for the Territory of Washington, and Joel
Palmer, superintendent of Indian affairs for Oregon Territory, and the
chiefs, headmen, and delegates of the aforesaid Nez Per6 tribe of
Indians, have hereunto set their hands and seals, at the place, and on the
day and year hereinbefore written.
ISAAC I. STEVENS, [L.
Goewr and Sup't Washngton Teiory.
JOEL PALMER, [r. a.]
&priknde*In&an Affair.
ALEIYA, or Lawyer, Head-ctief of the Has Perc4S, L. s.
APPUSHWA-HITE, or Looking-glass, his x mark. .
JOSEPH, his x mark. L. a.
JAMES, his x mark. 'L. s.'
RED WOLF, his x mark. 'L. a.'
TIMOTHY, his x mark. 'L. I.*
U-UTE-SIN-MALE-CUN, his x mark. 'L. a.'
SPOTTED EAGE, his x mark. 'L. a:
STOOP-TOOP-NIN, or Cut.Hair, his x mark. r.. s.
TAH-MPH-MOH-KIN, his x mark. "L.a.
TIPPELANECBUPOOH, his x mark. ..
HAH-HAH-STILPILP, his x mark. L. S.
COOL-COOL-SHUA-NIN, his x mark. 'L. s.

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TREATY WITH THE NEZ PERCtS. Jmz 11, 1855.
SILISH, his x mark.
TOH-TOH-MOLEWlT, his x mark. L. 5.
TUKY-IN-LIK-IT, his x mark. L. S.
TE-HOLE-HOLE-SOOT, his x mark. L.5.
ISH-COR-TIM, his x mark.
WER-AS-CUS, his x mark.
HAH-HAH-STOORE-TEE, his x mark. I,. B.
EEE-MAHT-SIN-POOH, his x mark.
TOW.WISH-AU-IL-PILP, his x mark. *L. 5.
KAY-KAY-MASS, his x mark. *r. a.
"L.58,
SPEAKING EAGLE, his x mark.
WAT-TI-WAT-TI-WAH.H1, his x mark. L. 8.
HOWH-NO-TAH-KUN, his x mark.
TOW-WISH-WANE, his x mark. L. 5.
WAHPT-TAH-SHOOSHE, his x mark. L. 8.
BEAD NECKLACE, his x mark. L. B.
KOOS-KOOS-TAS-KUT, his x mark. L. 8.
LEVI, his x mark.
PEE-OO-PE-WHI-H1, his x mark. L. 8.
PEbOO-PE-IECTEIM, his x mark. L. 5.
PEE.POOME-KAH, his x mark.
HAH-HAH-STLIL-AT-ME, his x mark. LoS.
WEE-YOKE-SIN-ATE, his x mark.
WEE-AH-KI, his x mark.
NECALAHTSIN, his x mark. L. 8.
SUCK-ON-TIE, his x mark. L. 5.
IP-NAT-TAM-MOOSE, his x mark. L. 8.
JASON, his x mark. I.. B.
KOLE-KOLE-TIL-KY, his x mark. L. 8.
IN-MAT-'TUTE-KAH-KY, his x mark.
MOH-SEE-CHEE, his x mark. L. 5.
GEORGE, his x mark. L. 5.
NICKE-EL-IT-MAY-HO, his x mark.
SAY-I-EE-OUSE, his x mark.
WIS-TASSE-CUT, his x mark. L, S."
KY-KY-SOO.TE-LUM, his x mark. L. s.
KO-KO-WHAY-NEE, his x mark.
KWIN-TO-KOW, his x mark. L. 5."
PEE-WEE-AU-AP-TAH, his x mark.
WEE-AT-TENAT-IL-PILP, his x mark.
PEE.OO-PEE-U-IL-PILP, his x mark.
WAH-TASS-TUM-MANNEE, his x mark.
TU-WEE-SI-CE, his z mark.
LU-EE-SIN-KAH-KOOSE-SIN, his x mark.
HAH-TAL-EE-KIN, his x mark.
Signed and sealed in presenee of us-
JAmus DoTy, &" of XTeade, W. .
Wy C. McK,&, &or" of Trwa4 0. .
W. H. TAPW-, S&u.1ndim A w 4
WrLLux CRAIG, haeimtor,
A. D. PuERx, lntpetr,
Wx- MoBMS,
Gwo. 0. BOXuORD,
a - mous, O. T.
31M. CLO. PAwo.t,
LA.WR Kip,
W. IL PzAuoN.

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969 TREATY WITH TIE NEZ PERCftS. JU 11, 1855.'
tatiieDal And whereas the said treat having been submitted to the Senate of the
March 8,1. United States for its constitutional action thereon, the Senate did, on the
eighth day of March, eighteen hundred and fifty-nine, advise and consent
to the ratification of the same, by a resolution, in the words and figures
following, to wit:
"IN Exzcornvw S~ssioN,
"SNATE OF THE UNWTED STATES, March 8, 1859.
"Rao/vd (two thirds of the senators present concurring,) That the
Senate advise and consent to the ratification of treaty between the
United States and the chiefs, headmen and delegates of the Nez Perch
tribe of Indians, occupying lands lying partly in Washington and partly
in Oregon Territories, between the Cascade and Bitter Root Mountains,
signed 11th day June, 1855.
"Attest: "ASBURY DICKIN~, S cr ."

Proclamation, Now, therefore, be it known that I, JAMES BUCHANAN, President

April 29, 1869. of the United States of America, do, in pursuance of the advice and
consent of the Senate as expressed in their resolution of the eighth of
March, eighteen hundred and fifty-nine, accept, ratify, and confirm the
said treaty.
In testimony whereof, I have caused the seal of the United States to
be hereto affixed, and have signed the same with icy hand.
Done at the city of Washington, this twenty-ninth day of April,
in the year of our Lord one thousand eight hundred and fifty-
SEzAL.] nine, and of the independence of the United States the
eighty-third.
etrJAMES BUCHANAN.
By the President:
Lewis Ciss, &cret y of $am.

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TRXFATY WITH INDIANS IN MIDDLE OREGON. Jm 25, 185&

2Wafy betwee the United Sta and tMe confederated tibe and bands of
ldians in Aiude Oreo Conchtded at Wae, in Oregon Territo ,
June 25, 1855. Ratifled by the Senate, March 8, 1859. Procldimed
by tAe Presidentof the United &aie4, pril18, 1869.

JAMES BUCHANAN,
PRESIDENT OF THE UNITED STATES OF AMRICA,
TO ALL AND sfm'GULAR TO wirOx TEsE PREUSTS SHALL COmi, GR.ETiNG: June 26, 186.

WHICnRAS a treaty was made and concluded at Wasco, near the Dalles Preamble.
of the Columbia River, in Oregon Territory, on the twenty-fifth day of
June, eighteen hundred and fifty-five, between'Joel Palmer, superintend-
ent of Indian afikirs for the said Territory, on the part of the United
States, and the following-named chiefs and headmen of the confederated
tribes and bands of Indians residing in Middle Oregon, they being author.
ized thereto by their respective bands, to wit: Symtustus, Locks-quis-sa,
Shick-a-me, and Kuck-up, chiefs of the Ta-ih or Upper De Chutes band
of Walla-Wallas; Stocket-ly and iso, chiefs of Wyam or Lower De
Chutes hand of Walla-Wallas , Alexis and Talk-isb, chiefs of the Tenino
band of Walla-Wallas; Yise, chief of the Dock-spus or John Day's River
band of Walla-Walias; Mark, William Chenook, and Cush-Kella, chiefs
of the Dalles band of the Waseoes; Toh-simph, chief of the Ki-gal.
twal-la band of the Wascoes, and Wal-la-ehin, chief of the Dog River
band of the Wascoes; which treaty is in the words and figures following,
to wit:
Articles of agreement and convention made and c6neluded at Wasco, antractin
near the Daulles of the Columbia River, in Oregon Territory, by Joel P'
Palmer, - superintendent of Indian affairs, on the part of the United
States, and the followin-named chiefs and headmen of the confederated
tribes and bands of Indians, residing in Middle Oregon, they being duly
authorized thereto by their respective bands, to wit: Symtustus, Locks-
quisa, Shick-a-me, and Kuck-up, chiefs of the Taih or Upper De Chutes
band of Walla-Wallas; Stocket-ly and Jso, chiefs of the Wyam or Lower
De Chutes band of Walla-Wallas; Alexis and Talk-ish, chiefs of the
Tenino band of Walla-Wallas; Yise, chief of the Dock-spus or John
Day's River band of Walla-Wallas; Mark, William Chenook, and Cush-
Kella, chiefs of the Dalles band of the Wascoes; Toh-simph, chief of the
Ki-gal-twal-la band of Wascoes; and Wal-la-chin, chief of the Dog River
band of Wacoes.
ARTICLE L The above-named confederated bands of Indians cede to Coton of
the United States all their right, tide, and claim to all and every part of Udtthe -tte
the country claimed by them, included in the following boundaries, to wit: -i-
Commencing in the middle of the Columbia River, at the Cascade Boundari
Falls, and running thence southerly to the summit of the Cascade Mon-
rans; thence along said summit to the forty-fourth parallel of north latl-
Aide; thence east on that.parallel to the summit of the Blue Mountains,
or the. western boundary of the Sho-sho-ne or Snake country; thence
northerly along that summit to a point due east fiot the head waters of
Willow Creek; thence west to the head waters of said creek; thence
down said stream to its junction with the Columbia River; and thence
down the channel of the Columbia River to the place of beginning. 10ro-
VOL.XIL. T.--124

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V" TREATY WITH INDIANS IN MIDDLE OREGON. Jun "25, 1855.
Reservation. vWded,hweer, that so much of the country described above as is con-
tained in the following boundaries, shall, until otherwise directed by the
President of the United States, be set apart as a residence for said In.
diana, which tract for the purposes contemplated shall be held and re-
garded as an Indian reservation, to wit:
Boundaries. Commencing in the middle of the channel of the De Chutes River
opposite the eastern termination of a range of high lands usually known
as the Mutton Mountains; thence westerly to the summit of said range,
along the divide to its connection with the Cascade Mountains; thence to
the summit of said mountains; thence southerly to Mount Jefferson;
thence down the main branch of De Chutes River; heading in this peak,
to its junction with De Chutes River; and thence down the middle of the
channel of said river to the place of beginning. All of which tract shall
be set apart, and, so far as necessary, surveyed and marked out for their
Whites
reside not to exclusive use; nor shalt any white persons be permitted to reside upon
thereon
unies, &0. the same without the concurrent permission of the agent and superin.
tendent.
Bands to settle The said bands and tribes agree to remove to and settle upon the same
thereon within within one year after the ratification of this treaty, without any additional
a year. expense to the United States other than is provided for by this treaty;
and, until the expiration of the time specified, the said bands shall be per.
mitted to occupy and reside upon the tracts now possessed by them,
guaranteeing to all white citizens the right to enter upon and occupy as
settlers any lands not included in said reservation, not not actually en.
closed by said Indians. Prvoided, ower, That prior to the removal of
said Indians to said reservation, and before any improvements contem-
plated by this treaty shall hare been commenced, that if the three princi-
Another pal bands, to wit: the Wascopum, Tiah, or Upper De Chutes, and the
ervation may Lower Do Chutes bands of Wala-Wallas shall express in council, a
be selected in desire that some other reservation may be selected for them, that the three
lieu of this, It &o. bands named may select each three persons of their respective bands,
who with the superintendent of Indian affairs or agent as may by him be
directed, shall proceed-to examine, and if another location can be selected,
better suited to the' condition and wants of said Indians, that is unoccupied
by the whites, and upon which the board of commissioners thus selected
its and may agree, the same 'shall be declared a reservation for said Indians,
pri s e instead of the tract named in this treaty. Prvidod, also, That the ex-
ured to Indians. elusive right of taking fish in the streams running through and bordering
said reservation is hereby secured to said Indians; and at all other usual
and accustomed stations, in common with citizens of the United States,
and of erecting suitable houses for curing the same; also the privilege of
hunting, gathering roots and berries, and pasturing their stock on un-
claimed lands, in common with citizens, is secured to them. A provided,
Proviso In ea aso, That if any band or bands of Indians, residing in and claiming any
any band does
not acede to portion or portions of the country in -this article, shall not aceede to the
this treaty. terms of this. treaty, then the bands becoming parties hereunto agree to
receive such part of the several and other payments herein named as a
consideration for the entire country described as aforesaid as shall be in
the proportion that their aggregate number may have to the whole num-
ber of Indians residing in and claiming the entire country aforesaid, as
consideration and payment in fall for the tracts in said country claimed
Allowance for by them. Adproided,aso, That where substantial improvements have
I.provements if, been made by any members of the bands being parties to this treaty, who
are compelled to abandon them in consequence of said treaty, the same
shall be valued, under the direction of the President of the United States,
and payment made therefor; or, in lien of said payment, improvements
of equal extent and value at their option shall be made for them on the
tracts assigned to each respectively.
ARTCoL IL In consideration of, and payment for, the country hereby

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TREATY WITH INDIANS IN MIDDLE OEGON. JuN 25,1855. 965

ceded, the United States agree to pay the bands and tribes of Indians P yments U t by
claiming territory and residing in said country, the several sums of money t
following, to wit:
Eight thousand dollars per annum for the first five years, commencing
on the first day of September, 1856, or as soon thereafter as practicable.
Six thousand dollars per annum for the term of five years next succeed-
ing the first five.
Four thousand dollars per annum for the term of five years next sue-
ceeding the second five; and
Two thousand dollars per annum for the term of five years next suc-
ceeding the third five.
All of which several sums of money shall be expended for the use and How to be ex-
benefit of the confederated bands, under the direetin of the President of pended.
the United States, who may from time to time at his discretion determine
what proportion thereof shall be expended for such objects as in his judg-
ment will promote their well-being and advance them in civilization; for
their moral improvement and education ; for building, opening and fencing
farms, breaking land, providing teams, stock, agricultural implements,
seeds, &e.; for clothing, provisions, and tools; for medical purposes, pro-
viding mechanics and farmers, and for arms and ammunition.
AJTICLZ IM The United States agree to pay said Indians the addi- $60,000 addl-
tional sum of fifty thousand dollars, a portion whereof shall be applied to imtoed o
the payment for such articles ad may be advanced them at the time of budiu, &0.
signing this treaty, and in providing, after the ratification' thereof1 and
prior to their removal, such articles as may be deemed by the President
essential to their want; for the erection of buildings on the reservation,
fencing and opening farms; for the purchase of teams, farming imple-
ments, clothing and provisions, .tools, seeds, and for the payment of em-
ployees; and for subsisting the Indians the first year after their re-
moval
Aj&TioLz IV. In addition to the considerations specified, the United United States
States agree to erect, at suitable points on the reservation, one saw-mill toert -
and one fiouring-mill; suitable hospital buildings; one school house; one &.
blacksmith shop with a tin and a gunsmith shop thereto attached; one
wagon and ploughmaker shop ; and for one sawyer, one miller, one super-
intendent of farming operations, a farmer, a physician, a school teacher, a
blacksmith, and a wagon and ploughmaker, a dwelling house and the
requisite ou~tildings for each; and to purchase and keep in repair for
necessary aill fixtures,
the time specified for furnishing employees, all books
mechanics' tools, medicines and hospital stores, and stationery for
schools, and furniture for employees.

onepay oneservices
for the to fornalh
andThe United States
subsistence, for the of fifteento secure
term enage
further years, ofand farmer, black- farmer, nicbsi-
smith, and one waon and ploughmaker; and for the term of twenty & e ,
years, of one physician, one sawyer, one miller, one superintendent of
farming operations, and one school teacher.
The United States also engage to erect four dwelling houses; one for to erect
the head chief of the confederated bands, and one each for the Upper and dweng bOus d
Lower De Chutes bands of Walla-Wallas, and for the Wasopum band chef
of Wascoes, and to fence and plough for each of the said chiefs te acres
of land; also to pay the head chief of the confederated bands a saliry of
five hundred dollars per annum for twenty years, commencing six months
after the three principal bands named in this treaty shall have removed
to the reservation, or as soon thereafter as a head chief should be elected:
"d prouidad ao,That at any time, when by the death, resignation, or Suessor of
removal of the chief selected, there shall be a vacancy, and a successor bd chief to
appointed or selected, the salary, the dwelling and improvements shall be t them
possessed by said successor, so long as he shall occupy the position as
bead chief; so also with. reference to the dwellings and improvements

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 988 TREATY WITh INDIANS IN MIDDLE OREGON. Jmv" 15, 1856.
provided for by this treaty for the head chiets of the three principal
bands named.
Lauds may be ARTICLz V. The President may from time to time at his isacretlon
allotted t fl- cause the whole, or such portion as he may think proper, of the tract that
vidual Indian
for e n may now or hereafter be set apart as a permanent home for these Indians,
home to be surveyed into lots and assigned to such Indians of the confederated
bands as may wish to enjoy the privilege, and locate thereon permanenty.
To a single person over twenty-one years of age, forty acres; to a family
of two persoi4s, sixty acres ; to a family of three and not exceeding eve,
eighty acres ; to a family of six persons, and not exceeding ten, one hun-
dred and twenty acres; and to each family over ten in number, twenty
acres for each additional three members. And- the President may pro-
vide such rules and regulations as will secure to the family in case of the
death of the head thereof, the possession and enjoyment of such perma-
nent home and the improvement thereon; and he may, at any time, at his
discretion, "after such person or family has made location on the land
Patent to issue assigned as a permanent home, issue a patent to such person or family for
therefor; ow- such assigned land, conditioned that the tract shall not be aliened or leased
• for a longer term than two years and shall be exeynpt from
levy, sale or
forfeiture, which condition shall continue in force until a State constitution
embracing such lands within its limits shall have been formed, and the
legislature of the State shall remove the restrictions. ovided, however,
Restrictions That no State legislature shall remove the restrictions herein provided for
mored tbout, without the 6onsent of Congress. And prodd, abso, That if any per-
&e. son or family shall at any time neglect or refuse to occupy or till a portion
of the land assigned and on which'they have located, or shall roam from
. place to place indicating a desire to abandon his home, the President may,
Patentmay be if the patent shall have been issued, revoke the same, and if not issued,
cancel the assignment, and may also withhold from such person, or family,
their portion of the annuities or other money due them, until they shall
have returned to such permanent home, and resumed the pursuits of in-
dustry, and in default of their return.the tract may be declared abandoned,
and thereafter assigned to some other person or family of Indians residing
Anuuiles of In- on said reservation.
dians not to pay ARTICLB V1. The annuities of the Indians shal not be taken to pay the
debts of mndi - debts of individ l.
Bands to pre. ARTiCLz VII The confederated bands acknowledge their dependence
se= rendy on the government of the United States, and promise to be friendly with
?0e51), all the citizens thereof, and pledge themselves to commit no depredation
on the property of said citizens; and should any one or more of the In-
dep o dan violate, this pledge, and the fact be satisfactorily proven before the
agent, the property taken shall be returried, or in default thereof, or if in-
jured or destroyed, compensation may be made by the government out of
not to 0ake their annuities ;-nor will -theymake war on any other tribe of Indians
Wer, except,. except in self-defence, but submit all matters of difierenee between them
and other Indians to the government of the United States, or its agents,
for decision, and abide thereby; and if any of the said Indians commit
any depredations on other Indians, the same rule shall prevail as that
prescribed in the case of depredations against citizens; said Indians fur-
ther engage to submit to and observe all laws, rules, and regulations which
may be prescribed by the United States for the government of said
Mndaus.
Anoities tobe ARTILs VIII. In order to prevent the evils of intemperance am
woteheld from said Indians, it is hereby provided, that if any one of them shalldr
those (honking hrb rvdd l
liquor to e weasliquor to excess, or procure it for others to drink his or her proportion of
the annuities may be withheld from him or her for such time as the Pres-
ident may determine.
AATICLZ IX. The said confederated bands agree that whensoever, in
the opinion of the President of the United State., the public interest may

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TREATY WITH INDIANS IN MIDDLE OREGON. Jma 25, 1855. 967

require it, that all roads, highways, and railroads shall have the right of Roads,&,
way through the reservation herein designated, or which may at any time mayoe mae
reos..-
hereafter be set apart as a reservation for said Indians.
This treaty shall be obligatory on the contracting parties as soon as the When treaty
same shall be ratified by the President and Senate of the United States. to take efect.

In testimony whereof, the said Joel Palmer, on the part of the United Sigature.
-States, and the undersigned, chiefs, headmen, and delegates of the said une 2, 1856.
confederated bands, have hereunto set their hands and seals, this twenty-
fifth day of June, eighteen hundred fifty-five.
JOEL PALMER, [,. 8.]
upetedeW of At&= Affairs, . T.
Faeeo.
M ARK , his x mark. [L. '
WILLIAM CHENOOK, his x mark. rL..
CUSH KELLA, his x mark. L. s
Lower Do Ohut.
STOCK-ETLEY, his x mark L. a.
ISO, his x mark. . .]
Upper De Ohsae&
SIMTUSTUS, his x mark. a.]
d.
LOCKSQUISSA, his x mark L. a.]
8HICK-AME, his x mark. L.s.
KUCK-UP, his x mark. EL. 16

ALEXSEE, his x mark. [.. .

TALEKISH, his x mark. L.
Dog Rive; toco.
WALACHIN, his x mark. "L. s.'
TAH SYMPH, his x mark. 'r.s:
ASH-NA-CHAT, his x mark. 'L. s.'
CHE-WOT-NLETH, his x mark. 'L.S.'
TE-CHO, his x mark. L. 5.
SHA-QUALLY, his x mark. L.s.
LOUIS, his x mark. 'L.a.'
YISE, his x mark. s.
"L.
STAMITE, his x mark. L. sy:
TA-CHO, his x mark. "L.s.'
PENOP-TEYOT, his x mark. 'rL. S.,
ELOSH-KISH-KIE, his x mark. '.. s:
AM. ZELIC, his x mark. 'r.. s"
KE-CHAC, hie x mark. 'r .
TANES SALMON, his x mark. 't. s.'
TA-KOS, his x mark. r.
DAVID, his x mark. . a.
SOWAL-WE, his x mark. L. ..
POSTIE, his x mark. L..
YAWAN-SHEWIT, his x mark. *. S."
OWN-APS, his x mark. . a.'
KOSSA, his x mark. 1L. s.
PA-WASH-TI-MANE, his x mark. 'L. a.'
MA-WE-NIT, his x mark. s.'
TIPSO, his x mark. *L.a.'
JIM, his x mark. 'L.s:

HeinOnline -- 12 Stat. 967 1855-1863

968 TREATY WITH INDIANS IN MIDDLE OREGON. J"B .25, ISS
PETER, his F mark. "L.&
NA-YOCT, his t mark. 'L. s.
WAL-TACOM, his x mark. .
CHO-KALTH, his x mark. L. s.
PAL-STA, his x mark. L. s.
MISSION JOHN, his x mark. 'L. 8:
LE KA-YA, his x mark. L. S.
LA-WIT-CHIN, his x mark. 'L. .
LOW-LAS, his x mark. L.s..
THOMSON, his x mark. 'L. o.
CHARLEY, his x mark. 'L. a.
COPEFORNIA, his x mark. 'L. a:
WA-TOI-METTLA, his x mark. I. s.
RE-LA, his x mark. 'L. s.
PA-OW-NE, his x mark. 'L.S.
KUCK-UP, his x mark. 'L. s."
POYET, his x mark. L. a.'
YA-WA-CLAX, his x mark. "L.S.
TAM-CHA-WIT, his x mark. 'L. s.
TAM-MO-YO-CAM, his x mark. L. s.
WAS-CA-CAN, his x mark. L. ..
TALLE KISH, his x mark. L. s.
WALEME TOACI, his x mark. 'L..s.
SITE-WE.LOCH, his xmark. *L..s.
MA-NI-NECT, his x mark. 'L. s.'
PICH-KAN, his k mark. L.B.
POUH-QUA his x mark. 'L. a.
EYE-EYA, his x mark. ..
KAM-KUS, his x mark. 'L. &"
SIM-YO, his x mark. 'L. *"
KAS-LA-CHIN, his x mark. :L. Is
PIO-SHO-SHE, his x mark. L. ..
MOP-PA-MAN, his x.mark. L.S.'
SHOES, his x mark. :L. .:
TA-MO-LITS, his x mark. 'L. B..
KA-LIM, his x mark. L.S.'
TA-YES, his x mark. 'L. s.
WAS-EN-WAS, his i mark. 'L. s.
E-YATII KLOPPY, his x mark. L',.8.
PADDY, his x mark. 'L. s.'
STO-QUIN, his x mark. L.s.
CHARLEY-MAN, his x mark. "L.8.'
ILE-CHO, his x mark. 'L. s.
PATE-CHAM,. his x mark. L.S.
YAN-CHE-WOC, his x mark. L. s.
YA-TOCH-LA-LE, his x mark. L.S.
ALPY, his x mark. 'L. s.
PICH, his x mark. "L.s.,
WILLIAM, his x mark. 'L. .
PETER, his x mark. L'.6.
ISCHA YA, his x mark. L. s.:
GEORGE, his x mark. L. s.
JIM, his x mark. 'L. s.
SE-YA-LAS-A, his x mark. 'L. g6
HA-LAI-KOLA, his x mark. L.a.'
PIERRO, his xmark. *L S,
ASH-LO-WASH, his x mark. 'L..9a
PAYA-TILCH, his x mark. 'L..'
SAE-PA-WALTCHA) bbs X Mark. 'L. 8:

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TRFATY WITH INDIANS IN MIDDLE OREGON. Jmu 25, 1855. 969
SHALQUILKEY, his x mark. IL. S.:
WA-QUAL-LOL, his x mark. [L. s.
SIM-KUI-KU!, his x mark. '.. s-
WACHA-CHILEY, his x mark. fiL. s.
CHI-KAL-KIN, . his x mark. L. s.
SQUA-YASH, his x mark. L. s.
SHA KA, his x mark. 'r. 8.,
KEAUI-SENE, his x mark. 'L. s.
CHE-CHIS, his x mark. 'L. a.
SCHE-NOWAY, his x mark. 'L. s.:
SCHO-LEY, his x mark. L. s.
WE-YA-THLEY, his x mark. 'L.a.'
PA-LEYATHLEY, his x mark. rL.s.
KEYATH, his x mark. 'L.s.'
I-POTH-PAL, his x mark. . .
S. KOLPS, his x mark. . .
WALIMTALIN, his x mark. 'L. 8:
TASH WICK, hig x mark. 'L. s.
HAWATCH-CANI, his x mark. L. S.
TA-WAIT-CLA, his x mark. 'L. .:
PATOCH SNORT, his x mark. 'L. s.
TACflINS, his z mark. L. B.'
COMOCHAL, his x mark. 'L. s.:
PASSAYEI, his x mark. 'L.a.
WATAN-CHA, his x mark. L. S.'
TA-WASH, his x mark. 'L. S.
A-NOUTH-SHOT, his x, mark. 'L. B.'
HANWAKE, his x mark. 'L. a.'
PATA-LA-SET, his x mark. 'L. s:
TASH-WEICT, his x mark. L. s.
WESCHA-MATOLLA, hii x mark. L. .
CHLE-MOCHLF-MO,. his x mark. L. S.
QUAE-TUS, his z mark. 't. a.'
SKUILTS, his x mark. L. B.
PANOSPAM, his x mark. L. S.
STOLAMETA, his x mark. 'L.
L. sB.,
TAMAYECHOTOTE, his x mark.
QUA-LOSH-KIN, hid x mark.
his x
mark. L. S.
'L. s.
WISKA KA,
CHE-LO-THA, his x mark. 'L. s."
WETONE-YATH his x mark. 'L. s.'
WE-YA-LO-CHO-WIT, his x mark. 'r. B.
YOKA-NOLTH, his x mark. L. BC
WACHA-KA-POLLE, his x mark. L. B:
KON-NE, hix mark. L..:
ASH-KA-WISH, his x mark. L.s:
PASQUA, his x mark. 'L. s.
WASSO-KUI, his-x mark. "L.8.
QUAINO-SATH, his x mark. 'L. a.'
CHA-YA-TEMA, his x mark. L. s.
WA-YA-LO-CHOL-WIT, his x mark. 'L. S.
FLITCH Kul KU , his x mark. L. S."
WALCHA KAS, his x mark. 'L. 8.
WATCH-TLA, his xzmak. L. S.
ENIAS, his z mark L.
Sned in presence of-
W. C. McKA, creap of 2n aty, 0. T.
R.~ R. Tuosox, 1nurs 4wut.

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970 T2EATY WITH INDIANS IN MIDDLE OREGON. Jmq 25, 1856.
IL R. METCLFE, Indian Su&. ent.
C. MESPOTIE.
Jomr FLETr, Ite'Vrete.
DomnricK JONDRON, his x mark, 1kote2t?.
MA&T W DoPA, his x mark, Zwoprtr.
Consent of And whereas, the said treaty having been submitted to the Senate of
SVn., mh 8, the United States for its constitutional action thereon, the Senate did, un
the eighth day of Mrch, eighteen hundred and fifty-nine, advise and con-
sent to the ratification of the same by a resolution in the words and figures
fonowing, to wit:
"IN ExBOUuvu SESSION,
SENATE or min UNITED STATES, March 8, 1859.
"Resoved, (two thirds of the senators present concurring,) That the
Senate advise and consent to the ratification of treaty between the United
States and the Chiefs and Headmen of the confederated tribes and bands
of Indians, residing in Middle Oregon, signed the 25th day of June, 1855.
"Attest: "ASBURY DICKINS, Scretary."
Proismation, Now, therefore, be it known that I, JAMES BUCHANAN, President
April 18, 1859. of the United States of America, do, in pursuance of the advice and con-
sent of the Senate as expressed in their resolution of the eighth of March,
eighteen hundred and fifty-nine, accept, ratify, and confirm the said treaty.
In testimony whereof, I have caused the seal of the United States to be
hereto affixed, and have signed the same with my hand.
Done at the City of Washington, this eighteenth day of April,
in the year of our Lord one thousand eight hundred and fifty-
[SEL.). nine, and of the Independenc of the United $tates the eighty-
third.
JAMES BUCHANAN.
By the President:
Lnwxa C.,ss, Seervtoy of &xf&

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TRUATY WITH THE QUI-NA-ELTS, &a. JuLy 1 1855. Am 25, 1856. 971

2W.at between the United SW and tMe Qui-na-elt and Quil-lek-

Indian. Concluded on the Qui-nai-et Rivser, in the Tefitory of
Washington, July 1, 1855, and at tA it of Olympia, January 25,
1856. Ratified by the enate, March 8, 1859. Prclaimed 6eY
President of the United &ate, April 11, 1859.

JAMES BUCHANAN;
PRESIDENT OF THE UNITED STATES OF AMERICA,

July 1,1855
TO ALL AND SIGULAR TO WHOM THESE PRASNTS SHALL COM, GaZRTzkG: January 25, 1856.
WniuAs a treaty was made and concluded on the Qui-nai-elt River, Preambie.
in the Territory of Washington, on the first day of July, one thousand
eight hundred and fifty-five, and at the city of Olympia also in said Terri-
tory, on the twenty-fifth day of January, one thousand eight hundred and
fifty-six, between Isaac I. Stevens, governor and superintendent of Indian
affiirs in the Territory aforesaid, on the part of the United States, and
the hereinafter-named chiefs, headmen, and delegates of the different tribes
and bands of the Qui-nai-elt and Quil-leh-ute Indians, on the part of said
tribes and bands, and duly authorized thereto by them; which treaty is
in the words and figures following, to wit :-

Articles of agreement and convention made and concluded by and Contracting

between Isaac I Stevens, governor and superintendent of Indian affairs, Pe ut -
of the Territory of Washington, on the part of the United States, and the
undersigned chiefs, headmen, and delegates of the different tribes and
bands of the Qui-nai-elt and Quil-leh ute Indians, on the part of said
tribes and bands, and duly authorized thereto by them.
ARTiCLz L The said tribes and bands hereby cede, relinquish, and eurrender
of
convey to the United States all their right, title, and interest in and to the lan to the
lands and country occupied by them, bounded and described as follows: United States.
Commencing at a point on the Pacific coast, which is the southwest corner Boundaries
of the lands lately ceded by the Makah tribe of Indians to the United
States, and running easterly with 'and along the southern boundary of the
said Makah tribe to the middle of the coast range of mountains; thence
southerly with said range of mountains to their intersection with the
dividing ridge between the Chehalis and Quiniatl Rivers; thence westerly
with said ridge to the Pacific coast; thence northerly along said coast to
the place of beginning.
ARTIoLE 11. There shall, however, be reserved, for the use and occu- Resernua
pation of the tribes and. bands aforesaid, a tract or tracts of land sufficient within the Ted-
for their wants within the Territory of Washington, to be selected by the =of Washin.
President of the United States, and hereafter surveyed or located and set
apart for their exclusive use, and no white xnan shall be permitted to Whites e e not to
reside thereon without permission of the tribe and of the superintendent ?ealdO th r on,
unless, &a.
of Indian affairs or Indian agent. And the said tribes and bands agree bxuans"t re.
to remove to and settle upon the same within one year after the ratification move and settle
of this treaty, or sooner if the means are furnished them. In the mean time there.
it 9ball be lawful for them to reside upon any lands not in the actual
claim and occupation of citizens of the United States, and upon any lands
claimed or occupied, if with the permission of the owner or claimant. If
necessary for the public convenience, roads may be run through aid Boads may be
reservation, on compensation being made for any damage sustained thereby. made.
VOL. Xii. TBAT,.-126

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979 TREATY W ITH THE QUI-NA.ELTS, &a. Juztr 1,'1855. ILu4. 25, IM
Rights and ARTICL1 M. The right of taking fish at all usual and accustomed
privlpege$s - grounds and stations is secured to said Indians in common with all citizens
eared to the
Indians. of the Territory, and of erecting temporary houses for the purpose of caring
the same; together with the privilege of hunting, gathering roots and
berries, and pasturing their horses on all open and unclaimed lands. Pro-
vided, however, That they shall not take shell-fish from any beds staked or
cultivated by citizens; and provided, also, that they shall alter all stallions
not intended for breeding, and shall keep up and confine the stallions
themselves.
Payments by .AISTICLB IV. In consideration of the above cession, the United States
the United agree to pay to the said tribes and bands the sum of twenty-five thousand
States. dollars, in the following manner, that is to say: For the first year after
the ratification hereof, two thousand five hundred dollars; for the next
two years, two thousand dollars each year; for the next three years, one
thousand six hundred dollars each year; for the next four years, one
thousand three hundred dollars each year; for the next five years, one
thousand dollars each year; and for the next five years, seven hundred
How to be dollars each year. All of which sums of money shall be applied to the
applied, use and benefit of the said Indians under the directions of the President
of the United States, who may from time to time -determine at his dis-
cretion upon what beneficial objects to expend the same; and the superin-
tendent of Indian afifairs, or other proper officer, shall each year inform
the President of the wishes of said Indians in respect thereto.
Apprprioion ARTICLE V. To enable the said Indians to remove to and settle upon
for removal
olesring andlfor such reservation as may be selected for them by the President, and to
ecing land, &3.clear, fence, and break up a sufficient quantity of land for cultivation, the
United States further agree to pay the sum of two thousand
five hundred
dollars, to be laid out and expended under the direction of the President,
and in such manner as he shall approve.
Indians may ARTICLE VI The President may hereafter, when in his opinion the
be removed Iom interests of the Territory shall require, and the welfare of the said Indians
the reservatio be promoted by it, remove them from said reservation or reservatiohs to
such other suitable place or places within said Territory as he may deem
fit, on remunerating them for their improvements and the expenses of
Tribes and an- their removal, or may consolidate them with other friendly tribes or bands,
naites may be in which latter case the annuities, payable to the consolidated tribes
eonsolidat6d respectively, shall also b3 consolidated; and he may further, at his dis-
cretion, cause the whole or any portion of the lands to be reserved, or of
such other land as mat be selected in lieu thereof, to be surveyed into
lots, and assign the same to such individuals or fimilies as are willing to
avail themselves of the privilege, and will locate on the same as a perma-
nent home, on the same terms and subject to"the same regulations as are
Vol. - p. 1044. ptovided in the sixth article of the treaty with the Omahas, so far as the
same may be applicable. Any substantial improvements heretofore made
b any Indians, and which they shall be compelled to abandon in conse-
quence of this treaty, shall be valued under the direction of the President,
Annuities of and payment made accordingly therefor.
nnbesnot to pa ARTICLZ V'IL The annuities of the aforesaid tribes and bands shall
debts of lndiMkl- not be taken to pay the debts of individuals.
uals. ARTICLE VIII. The said tribes and bands acknowledge their depen-
preserve friendly deuce on the government of the United States, and promise to be friendly
relatons, &o. with all citizens thereof, and pledge themselves to commit no depredations
on the property of such citizens; and should any one or more of them
violate this pledge, and the fact be satisfactorily proven before the agent,
to pay for the property taken shall be returned, or in default thereof, or if injured or
lepredauons. destroyed, compensation may be made by the government out of their
not to make annuities. Nor will they make war on any other tribe except In self-
war, except &a. defence, but will submit all matters of difference between them and other
Indians to the government of the United States, or its agent, for decision,

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TREATY WITH THE QI-NAI-ELTS, &a. JULT 1, 1856. JAN. 3 1856 978
and abide thereby; and if any of the said Indians commit any depredations
on any other Indians within the Territory, the same rule shall prevail as
is prescribed in this article in cases of depredations against citizens. And r
the said tribes and bands agree not to shelter or conceal offenders against To suxr nd
the laws of the United States, but to deliver them to the athorities
for trial.
ARTICLE IX. The above tribes and bands are desirous .to exclude Amrnitle to be
from their reservations t*e use of ardent spirits, and to prevent ,heir wthheed from
people from drinking the same, and therefore it is provided, that any &e. aeat
Indian belonging to said tribes, who is guilty of bringing liquor into said spirits.
reservations, or who drinks liquor, may have his or her proportion of the
annuities withheld from him or her, for such time as the President may
determine.
ArICLE X. The United States further " to establish at the The United
general agency for the district of Puget Sound, within one year from the States to estab-
lish an agrdoul-
ratification hereof, and to support for a period of twenty years, an agri- tQ &.school
cultural and industrial school, to be free to the dhildren of the said tribes for the Iadians.
and bands in common with thote of thfe other tribes of said district, and to
provide the said schol with a suitable instructor or instructors, and also
to provide a smithy and carpenter's shop, and furnish them with the neces-
sary tools, and to employ a blacksmith, carpenter, and fa for the term to em icy
of twenty years, to instruct the Indians in their respective occupations. meomc5 &e
And the United States further agree to employ a physician to reside at a phystolan,
the said central agency, who shall furnish medicine and advice to their
sick, and shall vaccinate them; the expenses of thd said school, shops,
employees, and medical attendance to be defrayed by the United States,
and not deducted from their annuities. The are
ARTICLE X. The said tribes and bands agree to free all slaves now to free all saves
held by them, and not to purchase or acquire others hereafter. and not acquire
ARTIOLE XIL The said tribes and bands finally agree not to trade at -thSr.
Vancouver's Island or elsewhere out of the.dominions of the United States, out of the Uiated
nor shall foreign Indians be permitted to reside on their reservations State.
without consent of the superintendent or agent. not to iendian
ARTICLE XHL This treaty shall be obligatory, on the contracting reservation& y
parties as soon as th.k same shall be ratified by the President and Senate Whenetreat to
of the United States.
In testimony whereof, the said Isaac L Stevens, governor and superin- signatures. -
tendent of'IndiaA afairs, and the undersigned chiefs, headmen, and dele- July 1,1855.
gates of the aforesaid tribes and bands of Indians, have hereunto set their JaniYY25, 85 .
hands and seals, at Olympia, January 25, 1856, and on the Qui-nai-61t
River, July 1, 1855.
" ISAAC L STEVENS, (kewro, =d S&'4 of A&= Affair.
TAH-HO-LAH, Head ief Q .ite-l tre, his x mark. "T.s.
HOW-YAT'L, Head C1ef Qu- 1 we ftr hi x mark. .L. a.:..
L.
KAL-LAPE, Sub e QW-4 ate4 his x mark.
TAH-AH-HA-WHT'L,S&ubcefQuUi4.huesihis x mark. L. &
LAY-LE-WHASH-EFI, his x mark. L' 8.
E-MAH-LAH-CUP, his x mark. L. s.
ASH-CHAK-A-WICK, his x mark. L. 5.
AY-A-QUAN, his x mark. 'L. a.'
YATS-SEE-O-KOP, his x mark. L. a.
KARTS-SO-PE-AB, his x mark. L. s.
QUAT-A-DE-TOT'L, his x mark. L. s:
NOW-AH-18M, hds x mark. 1L. s.
CLA-KISH-KA, his x mark. 'L. ."
KLER-WAY-SR-HUN, his x mark. rI. s
QUAR-TER-HEIrL, is x mark. *L. s."
BAY-YEE-SI-OOS, his x mark. L. s..

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 974 TREATY WITH THE QU-NAI-ELTS, &c. J.'r 1,1855. JAN. 25, 156.
HOO-E-YAS'LSEE, his x mark. 'L.s.'
QVILT-LE-SE-MA/ his x mark. 'L.s.
QUA-LATS-KAIM, his x mark. 'L. 8.
YAH-LE-HUM, his x marL ..
JE-TAH-LET-SHIN, his x mark. .s.
MA-TA-A-HA, his x mark. L.s.'
WAH-KEE-NAH, ,Sb-chiefQu t'l tri6e, his x mark. L. 9.'
YER-AY-LET'L, ,Su&'ef, his x mark. 'L. s.'
SILLEY-MARKL, his x mark. 'L. s.
CHER-LARK-TIN, hia x mark. 'L. s.'
HOW-YAT-:L, his x mark. 'L. s.'
KNE-SHE-GUARTSH, &6-'hief, his x mark. 'L. s.
KLAY-SUMETZ, his x mark. 'L. S."
KAPE, his x mark. 'L. a:
HAY-ET-LITE-', or John, his x mark. L. s.'

Executed in the presence of us; the words "or tracts," in the IL

article, and "1next," in the IV. article, being interlined prior to execution.
X. T. Sixxows, SpscW In&n Agent.
H. A. GOLDOSOROUGE, CbMmSSMY, 4r.
B. F. SHAw, Interprter.
JAuzs TILTON, Sinvp-Gmrai Wangton Tmn".
F. Kuwwun.
J. Y. MILLER.
H. D. COOK.

Consent Of And whereas, the said treav having been submitted iothe Senate of
Senate, Mareh 8, the United States for its constitutional action thereon, the Senate did, on
la. the eighth day of March, one thousand eight hundred and fifty-nine, advise
and consent to the ratification of the same by a resolution in the words
and figures following, to wit: -
"IN Exzcrxvz Sussiow,
SzIJATE OF Tm UIT= STATEs, March 8, 1859.
"ResOw (two thirds of the senators present concurring,) That the
Senate advise and consent to the ratification of treaty between the United
States and the chiefs, headmen, and delegates of the different tribes and
bands of the Qui-nai-elt and Quil-leh-ute Indians in Washington Territory,
signed let day of July, 1855, and 25th day of January, 1866.
"Attest: "ASBOBY DICKINS, &,. k*retJ."

Pmsemsetjo Now, therefore, be it known that , JAMES BUCHANAN, President

April 11, 189. of the United States of America, do, in pursuance of the advice and
consent of the Senate, as expressed in their resolution of March the eighth,
one thousand eight hundred and fMfly-ine, accept, ratify, and confirm the
said treaty.
In testimony whereof I have caused the seal of the United States to
be hereto affixed, and have signed the same with my hand.

Done at the city of Washington, this eleventh day of April, in

the year of our Lord one thousand eight hundred and fify.
[(zA..] nine, and of the Independence of the United States the
eighty-third.
JAMES BUCHANAN.

By the President:
Lzwio Cuss, &oretas &f
cde

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 TREATY WITH THE FLATHEADS, &c. JuLY 16, 1855.

26atr~ between se Vdeed ss ad te PlatheaA Kootenay, and Uppe

Pend d' Oreilles Indians. Concluded at Hil Gate in tae Bitter oot
Valley, July 16, 1855. .Ztfld A tyhe Seate, March 8, 1859. Pro-
claim-ed y the Presidentof the United Stdos, April 18, 1859.

JAMES BUCHANAN,
PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALL AND 81NGULAR TO WHOM THRE PRESENTS SHALL COKE, WRETING: July 16, 1858.

WHERtzAS a treaty was made and concluded at the treaty ground,

at Hell Gate, in the Bitter Root Valley, on the sixteenth day of July,
eighteen hundred and fifty-five, between Isaac I. Stevens, governor and
superintendent of Indian affairs for the Territory of Washington, on the
part of the United States, and the hereinafter named chiefs, headmen,
and delegates of the confederated tribes of the Flathead, Kootenay, and
Upper Pend d'Oreilles Indians, on behalf of and acting for said confeder-
ated tribes and duly authorized thereto, by them, which treaty is in the
words and figures following, to wit:
Articles of agreement and convention made and concluded at the treaty COntraotlfg
ground at Hell Gate, in the Bitter Root Valley, this sixteenth day of July, Part
in the year one thousand eight hundred and fifty-five, by and between Isaac
I. Stevens, governor and superintendent of Indian affairs for the Territory
of Washington, on the part of the United States, and the undersigned
chiefs, headmen, and delegates of the confederated tribes of the Flathead,
Kootenay, and Upper Pend d'Oreilles Indians, on behalf of and acting
for said confederated tribes, and being duly authorized thereto by them.
It being understood and agreed that the said confederated tribes do hereby
constitute a nation, under the name of the Flathead nation, with Victor,
the head chief of the Flathead tribe, as the head chief of the said nation,
and that the several chiefs, headmen, and delegates, whose names are
signed to this treaty, do hereby, in behalf of their respective tribes, re-
cognise Victor as said head chief.
ARTICLE L The said confederated tribes of Indians hereby cede, re- cession of
linquish, and convey to the United States all their right, title, and interest lands to the
in and to the countryoccupied or claimed by them, bounded and described United State.
as follows, to wit:
Commencing on the main ridge of the Rocky Mountains at the forty- Boundarwi
ninth (49th) parallel of latitude, thence westwardly on that parallel to the
divide between the Flat-bow or Kootenay River and Clarke's Fork; thence
southerly and southeasterly along said divide to the one hundred and
fifteenth degree of longitude, (1150,) thence in a southwesterly direction
to the divide between the sources of the St. Regis Borgia and the Cour
d'Alene Rivers, thence sagtheasterly and southerly along the main ridge of
the Bitter Root Mountains to the divide between the head waters of the
Koos-koos-kee River and of the southwestern fork of the Bitter Root River,
thence easterly along the divide separating the waters of the several trib-
utaries of the Bitter Root River from the waters flowing into the Salmon
add Snake Rivers to the main ridge of the Rocky Mountains, and thence
northerly along said main ridge to the place of beginning.
ARTICLE IL There is, however, reserved from the lands above ceded, Reservation.
for the use and occupation of the said confederated tribes,.and as a gen-
eral Indian reservation upon which may be placed other friendly tribes

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 076 TREATY WITH THE PLATHADS,-" JuLy 1A 1855.
and bands ot Indians of the Territory of Washington who may agree to
be consolidated with the tribes parties to this treaty, under the common
designation of the Flathead nation, with Victor, head chief of the Flat-
head tribe, as the' head chief of the nation, the tract of land included
within the following boundaries, to wit:
Boudares. Commencing at the source of the main branch of the Jocko River;
thence along the divide separating the waters flowing into the Bitter Hoot
River froh those flowing into the Jocko to a point on Clarke's Fork between
the Camash and Horse prairies; thence northerly to, and along the divide,
bounding on the west the Flathead River, to a point due west from the
point half way in latitude between the northern and southern extremities
of the Flathead Lake; thence on a due east course to the divide whence
the Crow, the Prune, the So-ni-el-em and the Jocko Rivers take their rise,
and thence southerly along said divide to the place of beginning.
All which tract shall be set apart, and, so far as necessary, surveyed
and. marked out for the exclusive use and benedt of said confederated
White.not to tribes as an Indian reservation. Nor shall any white man, excepting
reside thereon those in the employment of the Indian departrhent. be permitted to reside
unless, . upon the said reservation without permission of the confederated tribes,
and the superintendent and agent. And the said confederated tribes agree
to remove to and settle upon the same within one year after the ratifica-
tion of this treaty. In the meantime it shall be lawful for them to reside
upon any ground not In the actual claim and occupation of citizens of the
United States, and upon any ground claimed or occupied if with the'per-
mission of the owner or claimant.
Guaranteeing however the right to all citizens of the United States
to enter upon and occupy as settlers any lands not actually occupied and
cultivated by said Indians at this time, and not included in the reservation
Indians to be above named. Andprovidd, That any substantial improvements hereto-
slowed for Ia-fore made by any Indian, such as fields enclosed and cultivated and houses
Losedents on erected upon the lands hereby ceded, and which he may be compelled to
abandon in onsequence of this treaty, shall be valued under the direction
of the President of the United States, and payment made therefor in
money,theorreservation;
upon improvements valuebe berequired
equal will
andofnoanIndian to abandon
made for the
said Indian
improvements aforesaid, now occupied by him, until their value in
money or improvements of an equal value shall be fuarnished him as
aforeaid..
Reads may be AR'LEtxo ml~. An provided, That if necessary for the public conven-
made through te- ience roads may be run through the said reservation ; and, on the other
servatlon. hand, the right of way with free access from the same to the nearest
public highway is secured to them; as also the right in common with
citizens of the United States to travel upon all public highways.
Rights and The exclusive right of taking fish in all the streams running through or
privileges of In- bordering'said reservation is further secured to said indians ; as also the
right of taking fish at all usual and acustomed places, in common with
privilegeandofofhunting, buildings
temporaryroots
erectinggathering for curing;
togetherofwith
citizens the the
Territory, and berries, and
pasturing their horses and cattle upon open and unclaimed land.
PAS by ARTICLE I In consideration of the above cession, the United States
of indians, in addition to the
to pay to the said confederated tribesthe
tme Unitedagree and
Statei. good provisions distributed to them at time of signing this treaty
the sum of one hundred and twenty thousand dollars in the following
manner o thet is to saysFor the first year after the ratification hereo,
thirty-six thousand dollars, to be expended under the direction of the
President for their removal to the reservation, braking up
dipridina
and fencing farms, building houses for them, and for such other objects as
he may deem neessary. For the next four years, six thousand dollars
each year for the ne t five years, five thousand dollars each year; for

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 TREATY WITH THE FLATHEADS, &e. JULY 16, 18. 077
the next five years, four thousand dollars each year; and for the next
five years, three thousand dollars each year.
All which said sums f money shall be applied to the use and benefit How to be ap-
of the said Indiqns, under the direction of the President of the United pu&
States. who may from time to time determine, at his discretion, upon what
beneficial objects to expend the same for them, and the superintendent
of Indian affairs, or other proper officer, shall each year inform the
President of the wishes of the Indians in relation thereto.
ARTICLE V. The United States further agree to establish at suiible United @tatn
points within said reservation, within one year after the ratification hereof, to establieh
an agricultural and industrial school, erecting the necessary buildings, s
keeping the same in repair, and providing it with furniture, books, and
stationery, to be located at the agency, and to be free to the children of
the said tribes, and to employ a suitable instructor or instructors. To mecsnl.'s
furnish one blacksmith shop, to which shall be attached a tin and gun sho ,.
shop; one carpenter's shop; one.wagon and ploughmaker's shop; and to
keep the same in repair, and furnished with the necessary tools. To em-
ploy two fuers, one blacksmith, one tinner, one gunsmith, one carpenter,
one wagon and plough maker, for the instruction of the Indians in trades,
and to assist them in the same. To erect one saw-mill and one flouring- saw and gd
mill, keeping the same in repair and furnished with the necessary tools s.
and fixtures, and to employ two millers. To erect a hospital, keeping the ospita.
same in repair, and provided with the neo arr medicines and furniture,
and to employ a physician; and to erect, keep m repair, and provide with
the necessary furniture the buildings required for the accommodatfo oE
the said employees. The said buildings and establishments to be main-
tained and
service for kept in repair
the period as aforesaid,
of twenty years. and the employees to be kept in
And in view of the fact thatf. the said confederated tomayin
tribes of Indians are expected and will be called upon to perform many thael&
services of u public character, occupying much of their time, the United
States further agree to pay to each of the Flathead, Kootenay, and Upper
Pend d'Oreilles tribes five hundred dollars per year, for the term of twenty
years after the ratification hrebf, as a salary for such peros as the said
confederated tribes may select to be their head chiefs, and to build for
them at suitable point. on the reservation a comfortable house, and prop.
erly furnish the same, and to plough and fence for each of them ten acres
of land. The salary to be paid to, and the said hpuses to be occupied by,
such head chiefs so long s they may be elected to that position by their
tribes, atd no longer.
And all the expenditures and expenses contemplated in this article of certainex-
this treaty shall be defrayed by the United States, and shall not be de- pens to be
ducted from the annuities agreed to be paid to said tribes. oha te b te
cost of transporting the goods for the anniut r payments be a charge upon and not charged
the annuities, but shall be defrayed by the Untd States. on anUities.
. ARTICLE VL The President may from time to time, at his discretion,
cause the whole, or such portion of such reservation as he may think
proper, to be surveyed into lots, and assign the same to such individuals Lots maybe
or families of the said confederated tribes as are willing to avail them- Ip1 to mdi-
selves of the privilege, and will locate on the same as a permanent home,
on the same terms and subject to the same regulations as are provided in
the sixth article of the treaty with the Omahas, so far as the same may VoL.1. p.106L
be applicable.
ARTicLs VIL The annuities of the aforesajd confederated tribes of A-Wte not
Indiana shell not be taken to pay the debts of inividuali. deb of nd .
ARTICL VIL The aforesaid confederated tribes of Indians acknowl- Indians to pro-
edge their dependence upon the government of the United States,.and se friendly re-
promise to be friendly with all citizens thereof, and pledge themselves to 'i'
commit no depredations upon the property of such citizens. And should

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 TiMIAVY WITH THE FLATHEADS, &c. JULY 16,
Tndlans topy any one or more of. them violate this pledge, and the fact be satisfactorily
fr depredatons. proved before the agent, the property taken shall be returned, or in de-
fault thereof, or if injured or destroyed, compensation may be made by
not to make the government out of the annuities. Nor will they make war on any
war except, &e other tribe except in self-defence, but will submit all matters of difference
between them and other Indians to the government of the United States,
or its agent, for decision, and abide thereby. And if any of the said In-
dians commit any depredations on any other Indians within the jurisdic-
tion of the United States, the same rule shall prevail as that prescribed
in this article, in case of depredations against citizens. And the said
to surrender tribes agree not to shelter or conceal offenders against the laws of the
offenders. United States, but to deliver them up to the authorities for trial.
Annuities to ART OLE IX. The said confederated tribes desire to exclude from their
be resrved
those from reservation the use of ardent spirits, and to prevent their people from
who drink,
&C.. ardent spir- drinking the same; and therefore it is provided that any Indian belonging
its. to said confederated tribes of Indians who is guilty of bringing liquor into
said reservation, or who drinks liquor, may have his or her proportion of
the annuities withheld from him or her for such time as the President
may determine.
Guaranty of ARTICLE X. Ther United States further agree to guaranty the exclu-
reservation sive use of the reservation provided for in this treaty, as against any
against certain
laims. of Hudeso claims which may be urged by the Hudson Bay Company under the pro-
Bay Company. visions of the treaty between the United States and Great Britain of the
Vol. I. p. 970. fifteenth of June, eighteen hundred and forty-six, in consequence of the
occupation of a trading post on the Pr-in River by the servants of that
company.
Bitter Root AnTiCLic XI. It is, moreover, provided that the Bitter Root Valley,
Vsll8to be sn" above the Lo-lo fork, shal be carefully surveyed and examined, and if
veo, and por-
tions may be it shall prove, in the judgment of the President, to be better adapted to
ap-r for resera- the wants of the Flathead tribe than the general reservation provided for
tion. in this treaty then such portions of it as may be necessary shall be set
meanwhie not apart as a separate reservation for the said tribe. No portion of the
to be Opeed for Bitter Root Valley, above the Loo-lo fork, shall be opened to settlement
settlesait. until such examination is bad and the decision of the President mad.,
known.
When treaiy to ATILCLA XIL This treaty shali be obligatory upon the contracting
take effect. parties as soon as the same shall be ratified by the President and Senate
of the United States.
Signatures, In testimony whereof, the said Isaac L Stevens, governor and superin-
Jly 13, 155. tendent of Indian affairs for the Territory of Washington, and the under-
signed head chiefs, chiefs and principal men of the Flathead, Kootenay,
and Upper Pend d'Oreilles tribes of Indians, have hereunto set their
hands and, seals, at the place and on the day and year hereinbefore writ-
ten.
isAAC . STEVENS,
Governor and Skpetinende In an Afaire W. T.
VICTOR, Head cdf of the )YAkd NVatiOn, his x mark.- [L. s..1
ALEXANDER, CAf of to Uper Pend
d'r
oft/ , his x mark. r. a.'
MICHELLE, O7def of tMe eot 4, his x mark. 'L. a.'
AMBROSE, his x mark. L. a.
PAH-SOH, his x mark. L. .
BEAR TRACK, his x mark. "L. &: .
ADOLPH, his x mark. L. s.
THUNDER, his x mark. 'L. s.
BIG CANOE, his x mark. L; s.,
KOOTEL CHAH, his x mark. L.s.
PAUL, his x mark. 'L. S.'

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 TREATY WITH THE FLATHEADS, &C. Jinx 18. 1855. 97$
ANDREW, his x mark. [L. .]
MICHELLE, his x mark. L.a.
BATTISTE, his x mark. L. a.

GUN FLINT, his x mark. [.sJ

LITTLE MICHELLE, his x mark. ,. S.
PAUL SEE, his x mark. i.. s.
MOSES, hi x mark. ..

J mcs DOT, cr. ."

R H. LANSDALE, d Aget.
W. H. TAPPAN, &b id A.
Hxery R. CRos-Ru,
GUSTAVUS SoHoN, FA.wd . "pr
.W.
A. J. HOscKEiN, Sp. Mi.
WILLIAM CRAIG.

And whereas, the aid treaty ia'ving been submitted to the Senate of Onmt of
the United St,'es for their constitutional action thereon, the Senate did, Soet% 1188S
on the eighth day of March, eighteen hundred and fifty-nine, advise and
consent to 'the ratification of the same, by a resolution in the words and
figures following, to wit:
"Ili Fxuourvn Snseiow,
"SNATE o THE UNITED. STATES, March 8, 1859.
"Rolsos (two thirds of the senators present concurring,) That the
Senate advise and consent to the ratification of treaty between the United
States and Chiefs Headmen and Delegates of the confederate tribes of
the Flathead, Kootenay, and Upper Pend d'Oreinles Indians, who are
constituted a nation under the.name of the Flathead Nation, signed 16th
day of July, 1856.
" Attest: "ASBURY DICKINS, Swei7t."
Now, therefore, be it known that I, JAMES BUCHANAN, President
of the United States of America, do, in pursuance of the advice and eon- April 18, 19.
sent of the Senate, as expressed in their resolution of the eighth of March,
one thousand eight hundred and fifty-nine, accept, ratify, and confirm the
said treaty.
In testimony whereof, I have hereunto caunsd the seal of the Uniteci
States to be afted, and have signed the same with my hand.
Done at the city of Washington, this eighteenth day of April,
in the year of our Lord one thousand eight hundred and fifty-
[SXX.] nine, and f the Independence of the United States the
eighty-third
eighy-thrd.JAMES BUCHANAN.
By the Presidents
LEIS CAS, &oretwy of &wta.

VOL. Xm TE .- 128.

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HeinOnline -- 12 Stat. 980 1855-1863
 TREATY WITH THE MOLELS. Dzo. 21, 1855.

Treay behoeen the United &ates ?f America and the *iel lIdianse.
Concluded at Dayton, Oregon, December 21, 1855. Aat/fedby t
&,nase,MArcA 8, 1859. Proclaimed by thw Preaident of the United
ates, Apr 27, 1859.

JAMES BUCHANAN,
PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALL AD SINGULAR TO WHOM THEE PRSEITS 8HALL COMEC, GNRETING:
Dee. 21,18o.
WimRuas a treaty was made and concluded at Dayton, in Oregon, on
the twenty-first day of December, one thousand eight hundred and fifty- Preamble.
five, between Joel Palmer, superintendent of Indian affairs for the Terri-
tory of Oregon, on the part of the United States, and the hereinafter-
named chiefh and headmen of the Mo-la--las, or Molel tribe of Indians,
on behalf of and duly authorized by the said tribe, which treaty is in the
words and figures following, to wit:
Articles of convention and agreement entered into this 21st day of De- ontract
cember, 1865, between Joel Palmer, superintendent of Indian affairs, ptie.
acting for and in behalf of the United States, and the chiefs and head-
men of the Mo-lal-la-las, or Molel tribe of Indians, they being authorized
by their respective bands in council assembled.
ARTxCLE L The above named tribe of Indians hereby cede to the Cession of -
United States all their right, title, interest and claim to all that part of Ids o
Oregon Territory situated and bounded as hereinafter described, the same Ne Btu".
being claimed by them. To wit: Beginning at Scott's Peak, being the Boundares
northeastern termination of the purchase made of the Umpaquah, and
Calpooias of Umpaquah Valley on the 29th day of November, 1854; Vol. z. p.113.
thence running southernly on the eastern boundary line of that purchase
and the purchase of the Cow Creeks, on the 19th day of September, VoL x. p.1027.
1853, and the tract purchased of the Scotens, Chestas and Grave Creeks,
on the nineeenth (eighteenth] day of November, 1854, to the boundary VoL a. p. 1122.
of the Rogue River purchase made on the tenth day of September, 1853-;- VoL . P. 1018.
thence along the northern boundary of that purchase to the summit of the
Cascade Mountains; thence northerly along the summit of said mountains
to a point due east of Scott's Peak; thence west to the place of beginning.
ARTICLE IL In consideration of the cession and relinquishment Pamento&o
herein made, the United States agree to make the following provisions rt, e Unfed
for said Indians and pay the sums of money,as follows:
1st. To secure to the members of said tribe aV the rights and priv- ft erV of
ileges guaranteed by treaty to the Umpeqmah and Calapooias, of the eund.
Uipaqush Valley, jointlf with said tribes, they hereby agreeing to con-
federate with those bands.
2nd. To erect and keep in repair and famish suitable persons to at-wFlarng and
tend the same for the term of ten years, the benefits of which to beOMW
shared alike by all the bands confederated, one flouring-mill and one saw-
mill
8d. To furnish iron, steel, and other materials for supplying the smith's Smith's and
shop and tin shop stipulated in the treaty of 29th November, 1854, and tin shop, &o.
pay for the services of the necessary mechanics for that service for five VoL z. p. We2.
years in addition to the time specified by that treaty.
4th. To establish a manual labor school, employ and pay teachers, Manual labor
furnish -all necessary materials and subsistence for pupils, of suffiiento

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 eapacity to aecommodate all the children belonging to said confederate
bands, of suitable age and condition to attend said school
apenter and 5th. To employ and pay for the services of a carpenter and joiner for
o=n the term of ten years to aid in erecting buildings and making furniture
for said IndiAns, and to furnish tools for use in said service.
Additial far. 6th. To employ and pay for the services of a additional farmer for the
mer. term of five years.
Indibs to re- ARTICL I. In consequence of the existence of hostilities between
move to ree'- the whites and a portion of the Indian tribes in southern Oregon and
tio- northern California, and the proximity of the Umpaquah reservation to
the.mining district, and tl consequent fluctuating a6d transient popua-
tion, and the frequent commission by whites and Indians of petty offences,
calculated to disturb the peace and harmony of the settlement, it is hereby
aireed, the Umpaquahs and Calapooias agreeing, that the bands thus con-
federated shall immediately remove to a tract of land selected on the
headwaters of the Yamhill River adjoining the coast reservation, thereon
to remain until the proper improvements are made upon that reservation,
for the accommodation of said confederate bands, in accordance with the
VoL z. p. 112L provisions of this and the treaty of 29th November, 1854, and when so
made, to remove to said coast reservation, or such other point as inay, by
direction of the President of the United States, be designated for the
permanent residence of said Indians.
Expns of re- ARTICLz IV. For the purpose of carrying out in good faith the ob-
in Ualtobebr jects expressed in the preceding article, it is hereby agreed on the part
United bands
of the United
named, States, that the entire expense attending the removal of the
including transportation and subsistence,
and the erection
of temporary buildings at the encampmet designated,
attendance on the sick, shall be paid by the United States. well as medical
as
Rations to be AR.JTICLE V. It is frther agreed that ratios, according to the army
faxmished the In- regulations, shall be furnished the members of the said confederated
&5l5 ands, and distributed to the heads of fatmilies, from the time of their
arrival at the encampment on the headwaters of Yambill River until
six months after their arrival at the pint selected as their permanent
Apprpration residence.
ARTICLE I For the purpose of insurinn the means of subsistene

tie, to oxtigush itei-for saidthousand

twelve Indians, dollars
the United States
for the engage to appropriate
extinguishment the payment
of tile and the sum of.
settlers to lands
in
Graed o of improvements made thereon by white settlers to lands in the Grand
Valley Round Valley, the point of encampment referred to, to be used ss wheat
farms, or other purposes, for the bene of said Indians, and for the erec-
tion of buildings upon the reservation, opening farms, purehasing of tenis,
tools and stock; the expenditure of which amounts, and the direction of
all the provisions of this convention, shall be in accordance withfe spirit
and meaning of the treaty of 29th November, 1854, with the Umpaqua
and Calapooa tribes aforesai nd
Sinatre. In imtveswhereof, we, several
b pates hereto set our hands and
seals, thedayand date bef tten.
tool andstoc; w JOEL
te exendiure fw PALMER,
iamutsnd hedireci[L. 5.J
ofa

STEENCO GGY, his x mark. ErL. s.)

LATTOHIE, his x mark. LL.. 8.3
DUGINGS,
COUNISNASE, hiz mark. LL.. s.J
his x mark. (L. s.j
Done
In presen e of the underaped w htsseted-
C. M. W~xuR,,
T . B . MxAm D.E , aU
Jowl FLrrr, AztsPrw.

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 TREATY WITH THE MOLELS. Dzo. 21, 185. 983
We the chiefs and headmen of the Umpaquah and Calapooja tribes,
treated with in the Umpaquah Valley, on the 29th day of November,
1854. referred to in the foregoing treaty, to the provisions of this treaty,
this day in convention, accede to all the terms therein expressed.
In witness whereof, we do severally hereto set our names and seals, the
day and date written in the foregoing treaty.
LOUIS LA PE CINQUE, his x mark. "L.s.'
PETER, his x mark. Ls.
TOM, his x mark. L.S.
BILLY, his x mark. 'L.8.
NESSICK, his x mark. L. 8."
GEORGE, his x mark. 'L. s.'
BOGUS, his x mark. 'L. a.
CARS, his x mark. 'L.S.

Done in the presence of the undersigned witnesses-

C. M. WALKER,
T. R.MAGRUDER,
JOHN FLETT, JI vprder.

And whereas, the said treaty having been submitted to the Senate of Iiauseauon,
the United States for its constitutional action thereon, the Senate did, on M2rh S,lo.
the eighth day of March, one thousand eight hundred and fifty-nine, advise
and consent to the ratification of the same, by a resolution in the words
and figures following, to wit.:-
. IN EXECUt.-,& eSSION,

"SENATE OP THE UNITED STATES, March 8, 1859.

"Resohv4 (two thirds of the senators present concurring,) That the
Senate advise and consent to the ratification of treaty between the United
States and the Chiefs and Headmen of the Mo-lal-la-las or Molel trtbe of
Indians, signed 21st December, 1855.
"Attest : "ASBURY DICKINS, &era."
Now, therefore, be it known that I, JAMES BUCHANAN, President ProcamatIon
of the United States of America, do, in pursuance of the advice and Aprl 2r, 185.
consent of the Senate, as expressed in their resolution of the eighth of
March, eighteen hundred and fifty-nine, accept, ratify, and confirm the
said treaty.
In testimony whereof, I have caused the seal of the United States to
be hereto affixed, and have signed the same with my hand.
Done at the city of Washington, this twenty-seventh day of
April, in the year of our Lord- one thousand eight hundred
[snAj.] and fifty-nine, and of the indejiendene of the United States
the eighty-third. JAMES BUCHANAN.
By the President:
LEWIS CAs, &M" of &d&

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HeinOnline -- 12 Stat. 984 1855-1863
CONVENTION WITH NEW GRANADA. SEnPam 10, 1857. .9685

TREATIES.

aa'jms Convenion t ew Groad. obuded at Washington, &

tember 10, 1857. Ratifwcadoe exhanged at WasW gtm, .ombe
5, 1860. Prockamed 4 taelPreseint of te Uited at Nvember
8, 1860.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: epqt., 1_7
Ane, pp.145, 615.
A PROCLAMATION.
Wmwzis a convention between the United States of America and the Preamble.
Republic of New Granada was signed in the city of Washington on the
tenth day of September, in the year of our Lord one thousand eight hun-
dred and fifty-seven, which convention, as amended by the high contract,-
ing parties, is, word for word,.as follows:
The United States .of America Los Estados" Unidos de Amdrica Conractng
and the Republic of New Granada, y k Rep6blica de IaNueva Grana- prt".
desiring to adjust the claims of citi- da, deseando arreglar las reclaina-
zens of said States against New clones de ciudadanos de dichos Es-
Granada and to cement the good tados contra Is Nueva Granada y
understanding which happily sub- estrechar a buena inteligencia que
sists between the two Republics, felizmente subsiste entre las dos Re-
have, for that purpose, appointed p6blicas, han nombrado con tal ob-
and conferred full powers, respec- jeto y conferido plenos poderes,
tively, to wit: The President of the respectivamente: El Presidente de
United States upon Lewis Cass, los Estados Unidos A Lewis Cass,
Secretary of State of the United Secretario de Estado de los Estados
States, and the President of New Unidos, y el Presidente de la Nue-
Granada upon General Pedro A. va Granada al General Pedro A.
Herran, Envoy Extraordinary and Herran, Enviado Extraordinario y-
Minister Plenipotentiary of that re- Ministro Plenipoteneirio de la Re-
public in the United States, who, pdbliea en los Estados Unidos,
after exchanging their full powers, quienes despues de haberse cambia-
which were found in good and prop- do sus plenos poderes y de haUarloe
er form, have agreed to the follow- en buena y debida forms, han con-
ing articles: veido en los artieulos siguientes:
A.RTIOLU L A.3TICULO r0.

All claims on the part of corpo-
rations, companies, or individuala,
citizens of the United States, upon
the government of low Granada,
which shall have been presented
prior to the first day of September,
one thousand eight hundred and
fifty-nine, either to the Department
of State at Washington, or to the
minister of the United States at
Bogota, and especially those for
Todas las reclamaciones de parte certain claims
de ciudadanos de los Estados Uni- to be rfemd to
doe, corporaciones, compaflias, 6 par- emissione.
ticulares, contra el gobierno de la
Nueva Granada, que habrda sido
presentadas Antes del primer dia de
Setiembre de mil ochocientos cin-
cuenta y nueve, al Departamento de
Estado en Washington 6 al Ministro
de los Estados Unidos en Bogot*,
especialmente las provenientes de

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 986 cofWENTIOw WITH NEW GIUNADA.
damages which were caused by the 'dalos causados en el motin que
riot at Panama on the fifteenth of
April, eighteen hundred and fifty-
six, for which the said government
of New Granada acknowledges its
liability, arising out of its privilege
and obligation to preserve peace and
good order along the transit route,
Appointment shall be referred, to a board of c6m-
o nfemitioners, missioners, consisting of two mem-
hers, one of whom shall be appointed
by the government of the United
States and one by the government
of New Granada. In case of the
death, absence, or incapacity of ei-
ther commissioner, or in the event of
Prvis
Provies ir ing either
tocommissioner omitting orofceas-
act, the government the
United States or that of New Ga-
nada, respectively, or the ministerof
the latter in the United States, act-
ing by its direction, shall forthwith
proceed to ll the vacancy thus oo-
casioned.
Meeting of The commissioners so named shall
commi"ioem meet in the city of Washington with-
in ninety days from the exchange
of the ratifieations of this conven-
tion, and before proceeding to btui-
ness shall make and subscribe a
Oath. solemn oath that they will carefully
examine and impartially decide, ac-
cording to justice and equity, 'upon
all the claifs laid before them, un-
der the previsions of this conven-
tion, by the government of the Unit-
ed States. And such oath shall be
entered on the record of their pro-
ceedings.
The commissioners shall then pro-
ceed to name an arbitrator or um-,
Umpire. pire to decide upon any case or
cases on which they may differ in
opinion. And if they cannot agree
in the selection, the umpire shall
be appointed by the minister. of
Prussia to the United States, whom
the two high contracting parties
shall invite to make such appoint-
ment, and whose selection shall be
conclusive on both parties.
ARTICLZ IL
Determinatuon The arbitrator being appointed,
of Ctaims the commissioners shall proceed to
examine and determine the claims
which may be presented to them,
under the provisions of this conven-
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SP mrn i0, i857.
ocurri6 en PanamA el 15 de Abril
de 1856, por los cuales dicho gobi-
erno de Ia Nueva Granada recono-
ce su rosponsabilidad, derivada del
atributo y Ia obligacion que tiene
de conservar paz y buen 6rden en
aquella via interoceAnica, serdn so-
metidas 4 una comision compuesta
de dos individuos, uno de los cuales
serA nombrado por el gobierno de
los Estados Unidos, y el otro por el
gobierno de la Nueva Granada. En
caso de muerte, ausencia, 6 inca.
pacidad de uroi de los comisionados,
6 do que por cualqbiera otro motive
dejeEstados
6 cese de obrar, el gobierno do
los Unidos 6 el de la Nue-
va Granada, respectivamente, 6 el
ministro del ditimo en Jos Estados
Unidos bajo la ,direecion de su go-
bierno, prooederi inmediatamente
A llenar ]a vacante ocasionada.
Los comisionados, nombrados se-
gun se ha espresado, se reunhqn en
Ia ciudad de Washington dentro'del
t6rmino de noventa dias contados
desde el cange de las ratificaciones
de esta convencion, y Antes de pro.
ceder sus trabajos harrA y 8s mr-
bir n un solemne juramento de ex-
aminar cuidadosamente y fallar con
imparcialidad, y en equidad y jus.
ticia, sobre todas las reclamaciones
que los sen presentadas, con. ar-
reglo 6 las dieposiciones de esta con-
vencion, per el gobierno de los Fs.
tados Unidos; y dicho julmmento se
har, constar ea el registro do sue
trabajos.
Los comisionados prooder& en
seguida A nombrar un irbitro pam
que decida en el caso 6 en log easos
en que no puedan ponerse de acuer-
do; y si no se convienen en esta
eleccion, dicho Arbitro serh nombra-
do por el ministro de Prusia en los
Estados Unidos, al eual las dos altas
partes contratantes invitarAn 4 ha-
cer este nombramiento, y c(tya eleo-
cion ser4 pars ambas concluva.
AZTICDLO 20 .
Nombrado el 6xbitro, los .coml-
sionados rocederin A examinar y
califloar las reclamaciones que con-
forme A las disposiciones de esta
convencion les sean presentadas por
CONVENTION WITH NEW GRANADA.
tion, by the Government of the Uni-
ted States, together with the evi-
dence submitted in support of them,
and shall hear, if required, one per-
son in behalf of each government
on every separate claim. Each
government shall furnish, upon re-
quest of either of the commission-
ers, such papers in its possession as
the commissioners may deem impor-
tant to the just determination of any
claims presented to them. In cases
where they agree to award an in-
demnity, they shall determine the
amount to be paid, having due re-
gard, in claims which have grown
out of the riot at Panama of April
15, 1856, to *damages suffered
through death, wounds, robberies,
or destruction of property. In cases
where they cannot agree the sub-
jects of difference shall be referred
to the umpire, before whom each of
the commissioners may be heard,
and whose decision shall be final.
ARTICL. IL
The commissioners shall issue
certificates of the sums to be paid,
by virtue of their awards, to the
claimants, and the aggregate amount
of said sums shall be paid to the
Government of the United States,
at Washington, in equal semi-annual
payments, the first payment to be
made six months from the termina-
tion of the commission, and the
whole payment to be completed
within eight years from the same
date; and each of said sums shall
bear interest (also payable semi-
annually) at the rate of six per
cent. per annum from the day.on
which the awards, respectively, shall
have been decreed. To meet these
payments the government of New
Granada hereby specially appropri-
ates one half of the compensation
which may accrue to it from the
Panama Railroad Company, in lieu
of postages, by virtue of the thir-
tieth article of the contract between
the Republib of New Granada and
said company, made April 15, 1850,
aID approved June 4, 1850, and
VOL. Xi. TxAaT.-127
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Smzm= 10, 1857.
el gobierno de los Estados Unidos,
juntamente con las pruebas que se
lea pasen en apoyo de dichas recla-
maciones, y oirfin, si fuere necesa-
rio, A una persona de parte de cada
gobierno en el ex men de cada reo-
lamacion, Cada gobierno suminis-
trard, i peticion de cualquiera de los
comisionados, los documentos quo
eaten en su poder y que los omi-
sionados crean importantes pars Is
justa calificacion de alguna 6 algu-
nas de las reclamaciones presentadas.
En los casos en que ]a comision de-
termine conceder indemnizacion, 11-
jard la cantidad que so haya de
pagar, tomando en consideracion,
respecto de las reelamaciones pro-
venientos del motin de Panami del
15 de Abril de 1856, los danos an-
fidos por muertes, heridas robos 6
destruccion de propiedades. En
los casos en qua los dos comisiona-
dos no puedan ponerse de acuerdo,
los puntos do discordancia serda
sometidos al 6rbittv, ante el cual
cada uno de ellos podr6 ser oido, y
cuya decision seri finaL
.
X ULO8
Los eoinisionados espedirda cer- Commisioness
tifcados do las sumas que deban to gi0v .et.-
att claimants
pagae, en virtud de sus Wios, Aofaumaduemder
los reclamantes, y el total monto de their award.
dichas sumas ser pagado al gobier-
no de los Estados Unidos, on Wash- New Granad
ington, en cantidades iguales semi- to Paytthe=a
anuales, debiendo hacerse el primer St"M,
pgo 4 los sais mesa del tdrmino de
la comision, y completarse todo el
pago dentro de ocho afios contados
desde Is misma feeba. Cada una
de las cantidades decretadas ganari
intres de seis por ciento (pagadero
tambien por semestres) desde el dis
en que s pronuncie el fallo respeo-
tivo. Pam hacer estos pagos, el
gobierno de Is Nueva Granada des-
tins especialmente la mitad do la
cantidad quo debe recibir de Is Appropiilt
ue a
Compalila del Ferrocarril de Pa-nto
mente.
F Y-
nami por cuenta de correos inter-
oeeinicos, en virtud del articulo
trig6simo del contrato entre la Re-
pdblica de Is Nueva Granada y
dieha compaffia, eelebrado en 15 de
Abril de 1850 y aprobado el 4 de
Junio del mismo afio, y la mitad de
.988 .CONVENTION WITH NEW Ua"OA. ' Smimwm
also one half of the dividends which
it may receive from the net profits
of said road, as provided in the fifty-
fifth article of the same contract;
but if these funds should prove in-
sufficient to make the payments as
above stipulated, New Granada will
provide other means for that pur-
pose.
ARETrOr1 17.
commission to The c9mmission herein provided
conclude its la- shall terminate its labors in nine
bors in nine
months. months from and including the day
of its organization; shall keep an
Secretary. accurate record of its proceedings,
Recrds, and may appoint a secretary to as-
sist in the transaction of its busi-
ness.
"TZOLZ V.
Decision of The proceedings of this commis-
commission to be sion shall be final and conclusive
with respect to all the claims before
it, and its awards shall be a full dis-
charge to New Granada of all claims
df citizens of the United States
against that republic which may
have accrued prior to the signature
of this convention.
- ARTICLE VI
k'ayofcomnls- Each government shall pay its
stone and um- own commissioner, but thb umpire,
as well as the incidental expenses
of the commission, shall be paid,
one halft by th6 United States and
the other half by New Granada.
ARTIOLN VML
Exchange of The present convention shall be
realOtiddod. ratified, and the ratifications ex-
changed in Washington.
In faith whereof, we, the respec-
tive plenipotentiaries, have signed
this convention and have hereunto
affixed our seals.
Sfgnature, Done at Washington, this tenth
SePt. 10, U- day of September, in the year of
our Lord one thousand eight hun-
dred and fifty-seven.
LEW. CASS. [suu..]
P. A. HERRAN. SA.]
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10, i857,
los dividendos que Is ban de corres-
ponder de Ins utilidades netas de
dicho camino, con arreglo Alo dis-
puesto en el articulo quincuagdsimo
quinto del mismo contrato; pero si
estos fondos resultaren insufleientes
para hacer los pagos segun queda
estipulado, Ia Nueva Granada pro-
veeri otros medics $para aquel ob-
jeto.
AuTcxuLo 40.
La comision creada por esta con-"
vencion terminari sus funciones 1
los nueve meses contados desde el
dia de su instalacion, inclusive,
Ilevart un registro exacto de sus
trabujos, y podr nombrar un secre-
tario que le ayude en el curso de
ells.
ARTIULO 5o.
Los trabajos' de esta confision
seran finales y conclsivos respeeto
de todas Ia reclamaciones que le
sean presentadas, y sus fallos serAl
un completo descargo part InNueva
Granada por todas las reclamaciones
de ciudadanos de los Estados Unido'
"ontra aquella republica quo hayan
podido tener origen, ates de Is
fecha de esta convencion.
ARTIOULO 6.
Cada gobierno costeard su respec-
tivo comisiQnado; pero el Arbitro ,
los gastos accidentales de ]a com-
sion serAn pagados pot mitad por
ambas repdblicas.
ARTioULo 70.
La presente conveneion seri ra-
tificada y las ratificaciones serda
cangeadas en Washington.
En &'de lo cual nosotros los re-
spectivos plenipoteneiarios hemos
firmado esta convencion, y sellado
con nuestros sellos particulares.
Dado en Washington el din dieta de
Setiembre del aflo de nuestro'Sefior
mil ochocientos cincuenta y siete.
P. A. HERRAN. rSUAL.i
LEW. CAS. [sw..J
COJVENTION WITH NEW GRANADA. Sa-,rRx 10, 1857. 989

And whereas the said convention, as amendea1, has been duly ratified
°
on both parts, and the respective ratifications of the same were exchanged
at Washington on the fifth instant, by Lewis Cass, Secretary of State of
the United States, and Seflor Rafael Pombo, Charg6 d'Affaires ad it-
terim of the Granadian Confederacy, on the part of their respective
governments.
Now, therefore, be it known, that I, JAMES BUCHANAN, President Pro&mtfon,
of the United States of America, have caused the said convention to be Nro. 8,110.
made public, to the end that the same, and every clause and article there-
of, may be observed and fulfilled with good faith by the Unitdd States and
the citizens thereof.
In witness whereof, I have hereunto set my hand and caused the meal
of the United States to be afixed.
Done at the city of Washington, this eighth day of November,
- in the year of our Lord one thousand eight hundred and sixty,
[L. s0. and of the Independence of the Ujited States of America
the eighty-ifth. JAMES BUCHANAN.
By the President:
Lawis CAss, &cre of SW..

HeinOnline -- 12 Stat. 989 1855-1863

HeinOnline -- 12 Stat. 990 1855-1863
TREATY WITH THE TONAWANDA SENECAS. Nov. 5. 1857.

Teaty between the Med &ates and td Tonaseoda Bmd of eneca see Vol xL p.
Indiane, Concluded at the meeting-hows on the TonawandaReservation, Y95, note.
-ovember 5, 1857. Supplementa, Arti&, (lmglded at the same time
and paee. Ratifd by the Snati, Jun 4, 1858. Procamed by the
Preue of the United States, March 81, 1869.

JAMES BUCHANAN,
PRESIENT OK THE UNITED STATES OF AXERICA,

TO ALL AND SINGULAR TO WHOM TREE PRESENTS SHALAL COME, GREETING: Nov. 5, 18 .

WHERtEAS, a treaty was made and concluded at the meeting-house, on Preamble.

the Tonawanda reservation, in the county of Genesee, and State of New
York, on the fifth day of November, one thousand eight hundred and fifty-
seven, by Charles E. Mix, as commissioner on behalf of the United
States, and the following persons, viz.: Jabes Ground, Jesse Spring, Isaac
Shanks, George Sky, and Ely S. Parker, duly authorized thereunto by
the Tonawanda band of Seneca Indians, which treaty is in the following
words, to wit:

Articles of agreement and convention made this fifth day of November,

in the year one ihousaud eight hundred and fifty-seven, at the meeting-
house on the Tonawanda reservation, in the county of Genesee and State
of New York, between Charles E. Mix, commissioner on behalf of the 00"trw"t
the parti
United States, and the following persons, duly authorized thereunto by
Tonawanda band of Seneca Indians, viz.: Jabez Ground, Jesse Spring,
Isaac Shanks, George Sky, and Ely S. Parker.
Whereas a ertain treaty was heretofore made between the Six Nations 1onmne Tree-
of New York Indiabs and the United States on the 15th day of January, ties. Vot. vii. pp. 160,
1888, and another between the Seneca nation of Indians and the United ser.
States on the 20th day of May, 1842, by which, among other things, the VoL vIL p. 156
Seneca nation of Indians granted and conveyed to Thomas Ludlow Ogden
and Joseph Fellows the two certain Indian reservations in'the State of
New York known as the Buffalo Creek and the Tonawanda reservations,
to be surrendered to the said Ogden and Fellows, on the performance of
certain conditions precedent defined in said treaties; and
Whereas in and by the said treaties there were surrendered and relin- Terms of said.
quished to the United States 500,000 acres of land in the then Territory Treaties.
ofWisconsin; and
Whereas the United States, In and by said treaties, agreed to set apart
for said Indians certain lands in the Indian territory immediately west of
Missouri, and to grant the same to them, to be held and enjoyed in fee-
simple, the quantity of said lands being computed to afford 820 acres to
each soul of said Indians, and did agree that any individual, or any num-
ber of said Idians, might remove to said territory, and thereupon be enti-
tled to hold and enjoy said lands, and all the benefits of said treaties,
aecording to numbers, respectively; and
Whereas the United States did further agree to pay the sum of $400,000
for the removal of the Indians of New York to the said territory, and for
their support and assistance during the first year of their resideiroe in said
territory ; and
. Whereas the said Ogden and Fellows did agree -to pay to the aid

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992 TREATY WITH THE TONAWANDA SENECAS. gov. 5, 1857.
Seneca nation of Indians, as the consideration of the surrender and relin-
quishment of the said two reservations, known as the Buffalo Creek and
Tonawanda reservations, certain sums of money, one part of which was
to be paid to the individual Indians residing upon said reservations, tor the
improvements held and owned by them in seveialty, the amount of which
"improvement money," heretofore apportioned to those residing upon the
Tonawanda reservation, being $15,018..?oev, which money has been paid
into, and still remains in the treasury of the United States ; and
Whereas, for divers reasons and differences, the said treaties remain
unexecuted as to the said Tonawanda reservation, and the band of Sen-
ecas residing thereon ; and
Whereas it is ascertained, at the date of these articles, that the Seneca
Indians, composing the Tonawanda band and residing upon the Tona-
wanda reservation, amount to 650 souls in number; and
Whereas the United States are willing to exercise the liberal policy
which haq heretofore been exercised in regard to the Senecas, and for the
purpose of relieving the Tonawandas of the difficulties and troubles under
which they labor,
These articles are entered into:
Certain claihs ARTIOL1 L The said persons, authorized as in the caption hereof stated,
under Are
tedes fre hereby surrender and relinquish to the United States all claims severally
quished. and in common as a band of Indians, and as a part of the Seneca nation,
to the lands west of the State of Missouri, and all right and claim to be
removed thither, and for support and assistance after such removal, and
all other claims against the United States under the aforesaid treaties of
1888 and 1842, except, however, such moneys as they may be entitled to
under said treaties, paid or payable by the said Ogden and Fellows.
Pay for such ARTICLE I. In consideration of which aforesaid surrender and relin-
surrender. quishment, the United States agree to pay and invest, in the manner here-
inafter specified, the sum of $256,000 for the said Tonawanda band of
Indians.
Tonwandas ARTICLE II. It is hereby agreed that the Tonawanda band may pur-
purhase
hmay chase of the said Ogden and Fellows, of the survivor of them, or of their
United States heirs or assigns, the entire Tonawanda reservation, or such portions thereof
will pay therefor as they may be willing to sell and siid band may be willing to purchase;
not over $20 an
acre. and the United States undertake and agree to pay for the same out of the
said sum of $256,000, upon the express condition that the rate of pur-
P06, p.6e. chase shall not exceed, on an average, $20 per acre.
Deed to run to The land so purchased shall be taken by deed of conveyance to the
Secretary of the Secretary of the Interior of the United States and his successors in office,
Interior mtrust. in fee, to be held by him in trust for the said Tonawanda band of Indians
and their exclusive use, occupation and enjoyment, until the legislature of
the State of New York shall pass an act designating some persons, or
public officer of thdt State, to take and hold said land upon a similar trust
for said Indians; whereupon they shall be granted by the said Secretary
to such persons or public officer.
Unimproved- ARTICLE IV. And the said Tonawanda band of Indians hereby agree
lands surren- to surrender, relinquish, and give up to the said Ogden and Fellows, the
dered. survivor of them, or their assigns-provided the whole reservation shall
not be purchased--the unimproved lands which they shall not purchase,
as aforesaid, within thirty days after t treaty shall be proclaimed by the
President of the United States, and the improved lands which theyshl
not purchase as aforesaid, on the 1st day of June, 1859.
Tonawaudas
may the lands V.
appoint one of ARTICLE contemplated majority offortheand
herein,ofa contracting
For the purpose chiefs and purchase
making headmen
r more attor- of said Tonawanda band, in council assembled, may appoint one or more
neys. attorneys with adequate powers, which appointment must be approved by
the Secretary of the Interior before such attorney or attorneys can have
power tQ act in ife premises.

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TREATY WITH THE TONAWANDA SENECAS. Nov. 5, 1857. .998
AwnIcLz VI. Whenever a quantity of said lands, amounting to 6,500 Part of pm'.
acres, at the least, upon the terms hereinbefore provided, may be purchased, o oya8
binetdin
written notice, executed by the chiefs and headmen in council, and ae- stoa.
knowledged before a justice of the supreme court of New York, or judge
of the superior court of the city of Buffalo, shall be given to the Secretary
of the Interior, whereupon the portion of said sum of $256,000, not ex-
pended in the purchase of lands, as aforesaid, shall be invested by the said
Secretary of the Interior in stocks of the United States, or in stocks of
some of the States, at his discretion ; and the increase arising from such
investment shall be paid to the said Tonawanda Indians, at the time and
in the manner that the annuities are paid which said Indians are now enti-
tied to receive from the United States.
ARTICLE VIL It is hereby agreed that the sum of $15,018. . "im- "Impro t
provement money," heretofore apportioned to the Indians -upon the Tona- appordtened
money " to be
wanda reservation, shall be again apportioned by an agent, to be appointed anew.
by the chiefs and headmen in council assembled, to be approved by the
Secretary of the Interior, which agent shall make a report of suchappor-
tionment to the said Secretary of the Interior, and if he concur therein,
the shares so ascertained shall be paid to the individual Indians entitled
thereto, who shall surrender and relinquish to the said Ogden and Fellows,
or the survivor of them, or their assigns, their improvements, and any
balance remaining shall be paid to the chiefs and headmen of the band, to
be disbursed by them in payment of the debts, or for the tise of the band.
The services of the agen\ to be thus appointed, and all other expenses
attending the execution of these articles, are to be paid by the United
States out of any moneys coming to the Tonawanda&
In testimony whereof the said Charles E. Mix, commissioner, as afore- signtnre.
said, and the untersigned persons, representing the Tonawanda band of Nov. 6,188.
Seneca Indians, have hereunto set their hands and seals the day and year
first above written.
CHafARLES IL MIX Cwwmm .
w~o [L. s-]

ISAxSx WNS [L. 8.] JESSE x SPRIN, .J

GEORGE K, E.a]ELY S. PARKER. E.S
JABEZ x GROUND, [L. 9:1
The foregnig instrument was, on the day of the date thereof, execnted
in our presence, and we have hereunt6 at the same-time affixed our names
as subscribing witnesses:
JOHN H. MARTINDALE,
FREDERICK FOLLETT,
WILLIAM G. BRYAN,
.A B. RICH
* LEANDER MIX,
HENRY BITTINGER,
NICHOLSON H. PARKER, U.
Als%the ollowing chiefs and headmean heartily concur in the foregoing
articles in behalf of themselves and their people:--
JESSE x SPRING, GEORGE x SKY,
W). x PARKER, SNOW x COOPER,
JABEZ x GROUND, ISAAC x DOCTOR,
JOHN z WILSON, ISAAC x SHANKS,
JOHN x BIGFIRE, WILLIAM x MOSES,
THOMSON x BLINKEY, DAVID x PRINTUP,
JAMES z MITTEN, BENJ. z JONAS,
JOHN x JOSHUA, ADDISON x CHARLES
JAMES x WILLIAMS, JOHN x HATCH,

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994 TREATY WITH THE TONAWANDA SENECAS. Nov. 5; 1857.

JOHN x SMITH, W;L x ALICKI

SMALL x PETER, WL x STEWART,
JOHN x BEAVER, ANDREW x BLACKCHIEF,
JOHN x FARMER, JOHN x INFANT,
TOMMY x WHITE, WM. x TAYLOR,
JOHN x GRIFFIN, JAMES x BILLY,
GEO. x MOSES, DANL. x PETER,
HENRY x MOSES, JOHN x HILL,
SAML. x BLUE SKY, JOHN x JONES,
JAMES x SCROGGS, JOHN x SHANKS,
MONROE x JONAS, LEVI %PARKER,
WM. x JOHNSON, JOHN x JEMISON,
JACKSON x GROUND, CHAUNCEY x ABRAM.
HARRISON x SCROGG,
Sigped in open council, in presence of,-
FREDERICK FOLLETT,
NICHOLSON H. PARKER, U. & 1lrpder.
Supplemental And whereas certain supplemental articles of agreement and conven.
articles, tion were also concluded at the meeting-house, on the Tonawanda reser-
vation, in the county of Genesee and State of New York, on the fifth day
Nov. 5, 18 7 of November, one thousand eight hundred and fifty-seven, between Charles
E. Mix, commissioner on behalf of tie United States, and the following
persons duly authorized thereunto by the Tonawanda band of Seneca In.
dians, viz.: Jabez Ground, Jesse Spring, Isaac Shanks, George Sky, and
Ely S. Parker-which supplemental articles are in the words and figures
following, to wit:
Supplemental articles of agreement and tonvention made this fifth day of
November,.in the year one thousand eight hundred and fifty-seven, at
the meeting-house on the Tonawanda reservation, in the county of Gen-
esee, State of New York, between Charles E. Mix, commissioner on
behalf of the United States, of the first part, and the following persons
duly authorized thereunto by the Tonawanda band of Seneca Indians,
viz: Jabez Ground, Jesse Spring, Isaac Shanks, George Sky, and Ely
S. Parker, of the second at.
Whereas, at the date hereof and concurrent with the execution of this
instrument, articles of agreement and convention have been entered into
between the parties aforesaid, in and by which articles it is provided that
the said Tonawanda band of Seneca Indians may purchase portions of the
Tonawanda reservation, "upon the express condition that the rat* of pur-
Ai P chase shall not exceed $20 per acre on an average."
And whereas the President of the United States may deem it discreet
and expedient that certain portions of said reservation, held in severalty
by the assigns of said Ogden and Fellows, should be purchased by said
Indians if it shall be necessary so to do, at a rate exceeding $20 per acre
on an average.
Porflow of res- Now, therefore, the said parties of the second part agree,.that portions
ougt ormyrbe of said reservation may be purchased by the authorized agents of said
thanf so pe Indians for them, and paid for out of said sum of $256,000, at a rate ex-
tore, i4 &a. ceeding $20 per acre on an average, provided the eontract or contracts
therefor shall be first submitted to and approved by the President, or some
public officer to be designated by him.
And the said parties of the second part solicit the President to accept
and adopt this supplement #a a part of the said articlgs of agreement and
convention entered into concurrent with the execution of this agreement.

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TREATY WITH THE TONAWANDA SENECAS. Nov. 5, 1857. 9$
In testimony whereof the said Charles E. Mix, commissioner as afore- swntrea.
aid, and the undersigned persons representing the Tonawanda band of
Seneca Indians, have hereunto set their hands and seals the day and year
first above written.
CHARLES E. flX, Commiaeioner. [L. s.]
ISAAC x SHANKS, [L. S.1 JESSE x SPRING, [L 1
GEORGE x SKY, [L S.j ELY S. PARKER. IL
JABEZ x GROUND, [L. 5.]

The foregoing instrument was, on the day of the date thereof, executed
in our presenqe; and we have hereunto, at the same time, afied our names
as subscribing 'itnesses.
JOHN HI. MARTINDALE,
FREDERICK FOLLETT%
WILLIAM G. BRYAN,
C. B. RICH
LEANDER MIX,
HENRY BITTINGER,
NICHOLSON H. PARKER, U. S. *.

Also, the following chiefs and headmen heartily concur in the foregoing
supplemental articles in behalf of themselves and their people :-

LEWIS x POODRY, THOMSON x BLINKEY,

JESSE x SPRING, JAMES x MITTEN,
WM. x PARKER, JOHN x JOSHUA,
JABEZ x GROUND, JAMES x WILLIAMS,
JOHN x WILSON, SAMUEL x PARKER,_
ISAAC x SHANKS, GEORGE x SKY,
SNOW x COOPER, DAVID x PRINTUP,
ISAAC x DOCTOR, BENJ. x JONAS,
JOHN x BIGFIRE, XDDISON x CHARLES,
WILLIAM x MOSES, JOHN x HATCH.
Hea&~M.
JOHN x SMITH, WX x ALICK,
SMALL x PETER, WM x STEWART,
JOHN x BEAVER, ANDREW x BLACKCHIEF,
JOHN x FARMER, JOHN x INFANT,
TOMMY x WHITE, WM x TAYLOR,
JOHN x GRIFFIN, JAMES x BILLY,
GEORGE x MOSES, DANL. x PETER,
HENRY x MOSES, SAML. x BLUE SKY,
JOHN x HILL, JAMES x SCROGG,
JOHN x JONES, JOHN x SHANKS,
MONROE x JONAS, LEVI x PARKER,
WM. x JOHNSON, JOHN x JEMISON,
JACKSON x-GROUND, CHAUNCEY x ABRAM.
HARRISON x SCROGG,
Signed in open council, in presence of-
FREDERICK FOLLETT,
NICHOLSON H. PARKER, U. & h pter.

And whereas, the said treaty and the supplementary articles thereuvto cenat
appended, having been submitted to the Senate of the United States for Bit, June 4
its constitutional action thereon, the Senate did, on the fourth day of June, I
one thousand eight hundred and fifty-eight, advise and consent to the rati-
vor xI. T=OT.-128

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996 TREATY WITH THE TONAWANDA &NUA&. Nov. 5, 1857.
flcation. of the same by a resolution, in the words and figures following,
to wit:-
" Ii ExEOcTIrs Susoi,
"SNAm Or TER Uzmin STATES, June 4, 1858.
Basok (two thirds of the senators present concurring,) That the
Senate advise and consent to the ratification of the articles of agreement
and convention between the United States and the Tonawanda band of
Seneca Indians, of New York, made the 5th day of November, 1857.
"Attest: "ASBURY DICINS, &c"."
ProdIamtion, Now, therefore, be it known that I, JAMES BUCHANAN, President
ah 81,1859. of the United States of America, do, in pursuance of the advice and con-
sent of the Senate, as expressed i their resolution of June the fourth, one
thousand eight hundred and fifty-eight, accept, ratify, and confirm said
treaty and articles..
In testimony whereof, I have cused the seal of the United States to be
hereto afixed, having signed thermne with my own hand.
Done at the city of Washington, this thirty-first day of March,
in the year ef our Lord one thousand eight hundred and fifty-
[sw.] mine, and of the Independence
eighty-third. -
of the United States the
JAMES BUCHANAN,
By the President:
LZwis Cus.

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 TREATY WITH THE PONCAS. M*atc 1 !858 '

Treaty between the Uited State, ad tae Poa 2Wik of hlndan& Cbn-
ciuded at Viasngton, A 'arek12,1858. Rat.ffe bj the Senate, March 8,
1859. PaWkid by the President of th United &ates, Apri 11,1859.

JAMES BUCHANAN,
PRESIDENT OF THE UNITED STATES,.
TO ALL AND SINGULAU TO WHrOM Tm PnESR1VT5 sHALL cOats, a TnTi'G: Mfarch A 18,1

WHEREAS a treaty was made and concluded, at the'eity of Washingto4n,

on the twelfth day of March, one thousand eight hundred and fifty-eight,
by Charles E. Mix, Commissioner on the part of the United States, and
.Wa-gah-sah-pi, or Whip; Gish-tah-wah-gu, or Strong Walker; Mitchell
P. Cera, or Wash-kom-moni; A-shno-ni-kah-gah-hi, or Lone Chief; Slhu-
kah-bi, or Heavy Clouds; Tah-tungahonushi, or Standing Buffalo, on the
part of the Ponca tribe of Indians, they being duly authorited and bm-
powered thereto by said tribe; which treaty is i the words and figures
following, to wit: -

Articles of agreement and convention made an& conclnded, at the city cotra4og
of Washington, on the twelfth day of March, one thousand eight hundred Parthes.
and fifty-eight, by Charles . Mix, Commissioner on the part of the United
States, and Wa-ah-sah-pi, or Whip; Gish-tah-wah-gu, orStrong Walker;
Mitchell P. Cera, or Wash-kom-moni; A-shno-ni-kab-gah-h, or Lone
Chief; Shu-kah-bi, or Heavy Clouds; Tah-tungah-nushl, or Standing Buf-
falo, on the part of the Ponca tribe ofIndians; they being thereto duly
authorized and empowered by said tribe.
ARTIOLE I. The Ponca tribe of Indians hereby cede and relinquish cession of aU
to the United States all the lands now owned or claimed by them, wherever ledstt.
•situate, except the tract bounded as follows, viz.: Beginning at a point on Reatio.
the Neobrara River and running due north, so as to intersect the Ponca Boundarim
River twenty-five miles from its mouth; thence from said point of inter-
section, up and along the Ponca River, twenty - miles; thenei due
south to the Neobrara River; and thence down and along said river to
the place of beginning ;- which tract is hereby reserved for the future
homes of said Indians; ind to which they agree and bind themselves to
remove within one year from the date of the ratification of this agreement
by the Senate and President of the United States.
ARTIoLB IL In consideration of the foregoing cession.and relinquish- Stipulstieosa
the part of the
-ment, the United States agree and stipulate as follows, viz.: United State.
First. To protect the Poncas in the possession of the tract of land to protect the
Teserved for their future homes, and their persons and property thereot, Ponca.
during good behavior on their part.
Second. To pay to them, or expend for their benefit, the sum of twelve to ry them-
thousand dollars ($12,000) per annum for five years ; commencing with a-ui9 a
the year in wbich they shall remove to and settle upon the tract reserved thirty year.
for thsir future homes; ten thousand dollars ($10,000) per annum for
ten years, from and after the expiration of the said five years; and there-
after eight thousand dollars ($8,000) per annum, for ffeen years; of
which sums the President of the United States shall from time to time bow to be paid.
determino what proportion shall be paid to the Poneas in cash, and what
proportion shall be expended for their benefit; and also in what manner
or for what objects such expenditure shall be made. He shall likewise
exercise the power to make such provision out of the same, as he may

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938 TREATY WITH THE oNCs. Mow-, 1858.
deem to be necessary and proper, for the support and comfort of the aged
and infirm members of the tribe.
In case of any material decrease of the Poncas in number, the said
amounts shall be reduced and diminished in proportion thereto, or they
may, at the discretion of the President, be discontinued altogether should
said Indians fil to make satisfactory efforts to advance and improve their
condition; in which ase such other provision shall be made for them as
the President and Congress may judge to be suitable and proper.
United state Third. To expend the sum of twenty thousand dollars ($20,000) in
to expend _ maintaining and subsisting, the Poncas during the first year after their
*fOtu(r eub-m
oa
n, building removal to the" newhomes, purchasing stock and agriutural implement
houses, &0. breaking up and fencing land, building houses, and in making such other
improvements as may be necessary for their comfort and welfare.
to maintain Fourth. To establish, and to maintain for ten years, at an annual ex-
smhools. Children pense not to exceed five thousand dollars, ($6,000,) one or more manual
to be kept at labor schools for the education and training of the Ponca youth in letters,
mert ilsontin- agriculture, the mechanic arts, and housewifery; which school or schools
nedI. shall be managed and conducted in such manner as the President of the
United States shall direct; the Poncas hereby stipuiAting to constantly
keep thereat, during at least nine months in every year, all their children
between the ages of seven and eighteen years; and that, if this be 1o
done, there shall be deducted from the shares of the annuities due to the
parents, guardians, or other persons having control of the childien, imeh
amounts as may be proportioned to the deficiency in their time of attend-
ance, compared with the said nine months, and the cost of maintaining
and educating the children during that period. It is further agreed that
such other measures may be adopted, to compel the attendance of the
children at the school or schools as the President may think proper and-
direct; and whenever he shall be satisfied of a failure to fulfil the afore-
said stipulation on the part of the Poncas, he may, at his discretion,
diminish or wholly discontinue the allowance and expenditure of the sum
herein set apart for the support and maintenance of said 4chool or school.
to provide saw- Fifth. To provide the Poncas with a mill suitable for grinding grain
sad "t-m, and sawing timber, one or more mechanic shops, with the necessary tools
me for the same, and dwelling-houses for an interpreter, miler, engineer fir.
the mill, if one be necessary, farmer, and the mechanics that may be em-
ployed for their benefit, the whole not to exceed in cost the sum of ten
thousand Ave hundred dollars, ($10,500;) and also to expend annually,
for ten years, or during the pleasure of the President, an amount not ex-
ceeding seven thousand five hundred dollaMs, ($7,600,) for the purpose.of
furnishing said Indians with such aid and assistance in agricultural and
mechanical pursuits, including the working of said mill, as the Secretary
of the Interior may consider advantageous and necessary for them; the
Ponea to fh- Ponces hereby stipulating to furnish from their tribe the numberof young
Mab apprentices, men that may be required as apprentices and assistants in the mill and-
mechanic shops, and at least three persons to work constantly with each
laborer employed for them in agricultural pursuits, it being understood
that such laborers are to be employed more for the instruction of the
Indians than merely to work for their benefit. The persons so to be fur-
nished by the tribe shall be allowed a fair and just compensation for their
services, to be fixed by the Secretary of the Interior.
to prever The Poncas further stipulate and bind themselves to, prevent any of the
f1*m'Y to Dille, members of their tribe from destroying or injuring the said houses, shops,
mill, machinery, stock, farming utensils, or any other thing furnished them
by the government; and in ease of any such destruction or injury, or of
any of the things so furnished being carried off by'any member or mem.
bers of their tribe, the value of the same shall be deducted from the tribal
annuities. And whenever the President shall be satisfied that the Ponas
have become sufficiently confirmed in habits of industry, at advsnoed in

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 TREATY WITH THE PONCAS. M3Acx 12,1858. 999

acquiring a practical knowledge of agriculture and the mechanic arts, he

may, at his discretion, cause to be turned over to the tribe all of the said Pme-the
houses and other property furuishea them by the United States, and dis- t*m, whet, c.
pense with the services of any or all of the persons hereinbefore stipulated
to be employed for their benefit and assistance.
Sixth. To provide and set apart the sum of twenty thousand dollars, United States
($20,000,) to enable the Poneas to adjust and settle their existing obliga- etilee' to
tions and engagements, including depredatiois committed by them on obligationsofthe
property of citizens of the United States prior to the date of the ratification Pne.
of this agreement, so far as the same may be found and decided by their
agent to be valid and just, subject to the approval of the Secretary of the
Interior; and in consideration of the long continued friend~hip and kind- Payments to
ness of Joseph Hollman and William G. Crawford towards the Ponces, J eph Haman
of their furnishing them, when in distress, with lre quantities of goods owstW.
and provisions, and of their good counsel and advice, in consequence of
which peace has often been preserved between the Poncas and other
Indians and the whites, it is agreed that out of the above-mentioned
amount they shall be paid the sum of three thousand five hundred dollars,
($8,500;) and the sum of one thousand dollars ($1,000) shall in like to Jesse
manner be paid to Jesse Williams, of Iowa, in fall for his claim, as such Wilhiams.
has been admitted by the Poncas for depredations committed by them on
his property.
* AsTIOLZ IL The Poneas being desirous of making provision for Provision fr
their half-breed relatives, it is agreed that those who prefer and elect to h&-beeds.
reside among them shall be permitted to do so, and be entitled to and
enjoy all the rights and privileges of members of the tribe ; but to those
who have chosen and left the tribe to reside among the whites and follow
the pursuits of civilized life, viz.: Charles Leelaire, Fort Piere# N. T.;
Cillaste Leclaire, Pottowattomie, L T.; Ciprian Leclaire, St. louis,
Missouri; Julia Harvey, Omaha, N. T.; Jenny Ruleau, Sioux City, Iowa;
David Leclaire, Amelia Deloge, and Laura Deloge, at the Omaha mission,
there shall be issued scrip for one hupdred and sixty acres of land each, Scrip for 160
which shall be receivable at the United States land-offices in the same acres 6f land to
manner, and be subject to the same rules and regulations, as military tsse to each.
bounty land-warrants. And in consideration of the faithful services ren-
dered to the Poneas by Francis Roy, their interpreter, it is agreed that and to Fraeis
scrip shall, in the like manner and amount, be issued to his wife and to Roy.
each of his six children now living, without their being required to leave
the nation. APovided, That application for the said scrip shall be made iScip to be ap-
to the Commissioner of"Indian Affairs within five years from and after V.d or In five
the date of the ratification of this agreement.
ARTICLE IV. The United States shiMl have the right to establish and United State
maintain such military posts, roads, and Indian agencies as may be demed ma nots,
necessary within the tract of country hereby reserved for the Poncas, but ,
no greater quantity of land or timber shall be used for said purposes than
shall be actually requisite; and if, in the establishment or maintenance
of such posts, roads, and agencies, the property of any Pdnca shall be
taken, injured, or destroyed, just and adequate compensation shall be
made therefor by the United States. And all roads or highways authorized
by competent authority, other than the United States, the lines of which
Hall
lie through said tract, shall have the right of way through the same;
the fair and just value of such right being paid to the Poncas therefor by
the party or parties autherking the same or interested therein; to be
assessed and determined in such manner as the President 'of the United
States shall direct.
AeRiaoL V. No white person, unless in the employment of the United Whites not to
States,' or duly licensed to trade with the Poneas, or.members of the rie on res01
...
family of such persons, shall be permitted to reside, or to make any settle- V a.s
--
ment, upon any part of the tract herein reserved for said Indians, nor

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1000 TRATY WITH TlE PO1CAS MAo 12, 18f"
Poness not to shall the latter alienate, sell, or in manner dispose of any portion thereof,
alienate their except to the United States; but, whenever they may think proper, they
lands, eoeto
dithed Stte may divide said tract among themselves, giving to each head of a fatmily
but may divide or single person a frm, with such rights of possession, transfer to any
th amon9 other member of the tribe, or of descent to their heirs and representa.
tives, as may be in accordance with the laws, customs, and regulations of
the tribe.
LaWn
dents rest-
on lands AzTromr VI. Such persons as are now lawfully residing on the lands
hereby ceded herein ceded by the Poncas shall each have the privilege of entering one
may enter tee hundred and sixty acres thereof, to include any improvements they may
aores, St $1.
per acre. have,
AROLat one dollar and twenty-flve cents per acre.
Ponas to main ATiOL VII. The Poneas acknowledge their dependence upon the
ta friendly government of the United States, and do hereby pledge and bind them-
relatns, selves to preserve friendly relations with the citizens thereof, and to com-
mit no injuries or depredations on their persons or property, nor on those
of members of any other tribe; but, in case of any such injury or depre-
to pay for dep- dation, full compensation shall, as far as practicable, be made therefor out
redations. of their tribal annuities; the amount miall coases to be determined by the
not to make Secretary of the Interior. They further pledge themselves not to engage
war, except, &o. in hostilities with any other tribe, unless in self-defence, but to submit,
through their agent, all matters of dispute and difficulty between themselves
and other Indiana for the decision of the President of the United States,
to surrender and to acquiesce in and abide thereby. They also agree, whenever called
offenders. upon by therproper officer, to deliver up all ofendei" against the treaties,
laws, or regulations .of the United States, who may be within the limits of
their reservation, and to assist in discovering, pursuing, and capturing all
such offenders, whenever required to do so by such officer.
Amuities tobe AMTzOL. VIII. To aid in preventing the evils of intemperance, it is
withheld from hereby stipulated thatt if any of the Poncas shall drink, or procure for
e.iknttoa tL others, intoxicating liquor, their proportion of the tribal annuities shall be
lquor. withheld from them for at least one year; and for a violation of any of
the stipulations of this agreement on the part of the Poncas, they shall be
liable to have their annuities withheld, in whole or in part, and for such
length of time as the President of the United States shall direct.
Annuities of ARTICLs IX. No part of the annuities of the Poneas shall be taken
- to pay any claims or demands against them, except such as may arise
•t. under this agreement, or under the trade and intercourse-laws of the
All demands United States; and the said Indians do hereby fully relinquish and release
=teethe the United States from all demands against them on the part of the tribe
releasd. or any individuals thereof, except such as are herein stipulated and pro-
vided for.
Ep of ARTICLz X. The expenses connected with the negotiation of this
onegoa, how agreement shall be paid by the United States.
6sntrs In testimony whereof, the said Charles E. Mix, commissioner, as afore-
Marc 1%isft said, and the undersigned delegates and representatives of the Ponca
tribes of Indians, have hereunto set their names and seals, at the place
and on the day hereinbefore written.
CHARLES R, MIX, Obmmieion. [L. e.]
WAH-GAH-SAIIE-PZ, or Whip, his t mark. Lr.L.
GISH-TAH-WAH-GU, or Strong Walker, his x mark. 'L S.
MITCHELL P. CERA, or Wash-kom-mo-ni, his x mark. L. S.
A-SHNO-NI-KAH-GAH-m, or Lone Chie4 his x mark. [L.S.
SHU-KAH-BI, or Heavy Clouds, his x mark. Ls.J
TAH-TUNGAH-NUSfI, or Standing Buffalo, his x mark. ,L. J

Executed in the presence of-

Enw~aR Htwcz,
B. B. GzrnsoN,

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 TREATY WITH THE PONCA& MAP.= 12 1858. 1001

JAxzs R. RocE,
Mosis KELLY,
JOSEPH HOLLMAN,
JNo. WI. WELLS,
J.B. RorwToN, U. S. idiuan Ags,
HEm FOxTENzLL*, U. & Aterpvnor,
Fiuxcis Roy,his x mark.

And whereas, the said treaty having been submitted to the Senate for conmntof
itsconstitutional action thereon, the Senate did, on the eighth day of =%.s March 6,
March, one thousand eight hundred and fifty-niue, advise and consent to
the ratification of its articles, by a resolution, in the words and figures
following, to wit:-
"bi Exomvic SzSSIO1,
S ATE Oi Tm UNID STATES, March 8, 1859.
"RwW4 (two thirds of the senators present concurring,) That the
Senate advise and consent to the ratification of treaty made and concluded
at the city of Washington, the 12th day of March, 1858, between the
United States and the Ponca tribe of Indians.
"Attest: "ASBURY DICKINS, &mre /y

Now, therefore, be it known that I,JAMES BUCHANAN, President Proomatjon,

of the United States of America, do, in pursuance of the advice and con- A
sent of the Senate, as expressed in their resolution of the eighth of March,
one thousand eight hundred and fifty-nine, acept, ratify, and confirm the
said treaty.
In testimony whereof, I have caused the seal of the United States to
be hereto affixed, and have signed the same with my hand.

Done at the city of Washington, this eleventh day of April, in

the year of our Lord one thousand eight hundred and fifty-
[sEA..] nine, and of the independence of the United States the
eighty-third.
JAMES BUCHANAN.

By the President:
Luwis Cksa, Sacta. of &at&

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HeinOnline -- 12 Stat. 1002 1855-1863
 TREATY WITH BOLIA. X 18 1858. 11*8

TREATIES.

Treaty ith Bolivia. Peace, .Z'endeld, Commre, an, _ataos.

Sie at La Paw, Ma 18, 1858. Ratip by the President of 0W
Uid States, Pebruarj17,1862. Fchanged at La Paz, Novimber
9, 1892. Proclgked 4 th Pewident of th United States, Januaty 8,
1868.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: May 18, M8&8.

A PROCLAMATION.
Wmraxs a Treaty of Peace, Friendship, Commerce, and Navigation Preamble.
between the United States and the Republic of Bolivia, was concluded
and signed by their respective Plenipotentiaries, at La Paz, on the thir-
teenth day of May, one thousand eight hundred and fifty-eight, which
Treaty, after having been amended and ratified by the contracting par-
ties, is word for word as follows:
Treaty of Peace, Friendship, Com- Tratado de Paz, Amistad, Navega- Con ractins
merce, and Navigation, between dion i Comercio entre la Repdb. P'm'
the United States of America lie de Bolivia i los Estados Uni-
and the Republic of Bolivia. dos de Am6rica.
The Unitea States of America La Repdblia de Bolivia i los
and the Republic of Bolivia, desir- Estados Unidos'de Amdrica, dese-
ing to make lasting and firm the ando hacor estables i permanentes
friendship and good understanding las relaciones de amistad i buena
which happily prevail betweon both inteligencia, que felizmente eeis-
nations, have resolved to fix, in a ten entre ambas Naciones, han re-
manner clear, distinct, and positive, suelto fijar do una manera clara,
the rules which shall in future be distinta i positiva, las reglas que en
religiously observed between the lo suesivo, deben bbservarse reliji-
one and the other, by means of a osamente entre ambas naciones, por
treaty of friendship, commerce, and medio de un tratado de amistad, co-
navigation. For this most desir- merico i navegacion.
able object, the President of the Contan interesante objeto, el Pre-
United States of America has con- sidente de Ia Reptiblica de Bolivia
ferred full powers on John W. Dana, ha conferido plenos poderes al Ciu-
a citizen of the said States, and dadano Lucas Mendoza do la Ta-
their Minister Resident to the said pia, Secretarlo de Estado en-el De-
Republic; and the President of the partamento de Relaciones Esteriores
Republic of Bolivia on the citizen 6 Instruccion Pdblica, i el Prod-
Lucas Mendosa de ]a Tapia, Secre- dente de los Estados Unidos al CQu-
tary of State in the Department of dadano Juan Winchestei Dana,
Exterior Relations and Public In- Ministro Residente de dichos Esa-
struction, who, after having ex- dos Unidos corea del Gobierno de
changed their said full powers in Bolivia, qgienes despues do haberse
due and proper form, have agreed comunicado sue mencionados plenos
to the following articles: poderes i habiendoles hallado en
debida forma, han convenido en los
articulos siguientes:
voL. xn. TRAT. -129

HeinOnline -- 12 Stat. 1003 1855-1863

 1, .
1004; 1004: ~TAT
WITE ,DOLIM A.
ANTICLI . ANTIOULO L
Peae and There $hall be a perfect, firm,
fLidfip. and inviolable peace and sincere
friendship between the United
States of America and the Repub-
He of Bolivia, in all the extent of
their possessions and territories, and
between their people and citizens
respectively, without distinction of
persons or places. -
ARTICLE IL
ight of mot If either party shal hereafter
favred nation. grant to any other nation, its citi-
zens, or subjects, any particular fa-
vor in navigation or commerce, it
shall immediately become common
to the other party, freely when free-
ly granted to such other nation, or
on yielding the same compensation
when the grant is conditional
EXPLANATION.
ao As in said article it is stipulated
that any special favor in navigation
and trade granted by one of the
contracting parties to any other na-
tion, extends and is common to the
other party forthwith, it is declared
that, in what pertains to the navi-
gation of rivers, this treaty shall
only apply to concessions which the
Government may authorize for
navigating fluvial streams which do
not present obstructiois ; that is to
say, those whose navigation may
naturally plain and current with-
out there having been need to ob-
tain it by the employment of labor
and capital; that by consequence
there remains reserved the right of
the Bolivian Government to grant
privileges to any association or com-
pany, as well foreign as national,
which should undertake the navi-
gation of those rivers from which,
in order to succeed, there are diffi-
culties to overcome, such as the
clearing out of rapids, &c., &c.
ARTIOLE III
Recprocal The United States of America and
liberty of com- the Republic of Bolivia mutually
merce and navi-
gatIon. agree that there shall be reciprocal
liberty of commerce and navigation
HeinOnline -- 12 Stat. 1004 1855-1863
IBf,,158
abrS perfects, firme 6 inviola-
ble paz i uincera amistad entre I&
-Ropdblica de Bolivia i los Estados
Unidos de Arn6rica, en toda la es-
tension de sas pomesiones i territo-
rios, i entre sus pueblos i ciudadanos
respec~ivos, sin distincion de perso-
nas nk de lugares.
ARTICULO IL
Si una de )as pfirtes concediere,
en lo future Acualquiera otra nacion,
sus cindadanos 6 sdbditos algun fa-
vor particular, en navegacion i c-
mercio, se estenderA i harS cemun
inmediatament 6,la otra parte, gra-
tuitamente, si a concesion hubiese
side gratuita 6 eon compensacion, si
ia cencesion bubiese sido condiieonal.
ESPLICAOION.
Como en dicho articulo se estipula
que cualquier favor particular en
naVegacion i comercio concedido per
una de las partes contratantes Acual-
quiera otra nacion, se estienda i bag
eomun A la otra parte inmediata-
mente- se deelara que, en lo to-
canto s Is navegacion de los rice,
esta convencion solo serd aplicable
4 las concesiones que el Gobierno
de Bolivia otorgare pars navegar
los cursos fluviales que no presen-
tasen obstaculos, es decir, de aquel-
los cuya navegacion estuviese natu-
ralmente allanads i corriente A
que hubiera sido preciso proecurarla
empleando trabajo i capitales ; que
por consiguiente queda A salvo el
derecho del Gobierno de Bolivia pa-
ra conceder privilejios 6 cualquiera
Sociedad 6 Compafilia tanto estran-
jera como nacional que emprendi-
ese lo navegacion en aquellos rice
donde para conseguirla hai quo su-
perar dificultades, tales cvme el al-
ianamiento do cachuelas, &c,
&RTICULO flL °
La Reptdblica de Bolivia i le
Estados Unidos de Am6rica con-
vienen miltuamente en quo hays
libertad reciproca de navegacion i
 TREATY- WITH BOLIVIA.
between their respective territories
and citizens& The citizens of either
republic may frequent with their
vessels all the coasts, ports, and
places of the other, where foreign
commerce is permitted, and reside
in all parts of the territory of either,
and occupy dwellings and ware-
houses; and everything belonging
thereto shall be respected, and shall
not be subjected to any arbitrary
visits or search. The said citizens
shall have full liberty to trade in all
parts of the territory of either, ac-
cording to the rules established by
the respective regulations of com-
merce, in all kinds of goods, mer-
chandise, manufactures, and pro-
duce, not prohibited to all, and to
open retail stores and shops, under
the same municipal and police reg-
ulations as native citizens; and they
shall not in this respect be liable to
any other or higher taxes on im-
posts than those which are or may
, be paid by native citizens. No ex.
".mination or inspection of their
books, papers, or accounts, shall be
made without the legal order of' a
competent tribunal or judge.
The provisions of this treaty are
not to be understood as applying to
the navigation and coasting trade
between one port and another, situ-
ated in the territory of either of the
contracting parties - the regulation
of such navigation and trade being
reserved respectively by the parties
according to their own separate
laws. Vessels of either country
shall, however, be permitted to dis-
charge part of their cargoes at one
port, open to foreign commerce, in
.the.territories of either of the high
contracting parties, paying only the
custom-house duties upon that por-
tion of the cargo which may be dis-
charged, and to proceed with the
remainder of their cargo to any
other port or ports of the same ter-,
ritory, open to foreign commerce,
without paying other or higher ton-
nage duties or port charges in such
eases than would be paid by national
vessels in like circumstances; and
they shall be permitted to load in
like manner at different ports in the
same voyage outwards.
The citizens of either country
HeinOnline -- 12 Stat. 1005 1855-1863
MAYx 18, 1858. 1005
comeftio entre sus respectivos ter.
ritorios i ciudadanos. Los ciudada-
nos de cualquiera de las dos Rep6b.
icas podrn frecuentar con sus
buques todas las costas, puertos i
lugares de la otra en que se per-
mite el comercio estranjero, residir
en cualquier punto de los territorios
de la otra i ocupar las casas i alma-
cones que necesiten: i todo lo que
les pertenezca serd respetado i esen-
to de toda visita 6 pesquisa arbitra-
ria. Dichos ciudadanos gozarin de
entera libertad, para comerciar en
todos los puntos del territorio de Ia
otra, segun las reglas estableeidas
por las respectivas leyes de comer-
cio, en todo jenero de efectos, mer-
caderias, menufacturas i productos
de licito trdfico, i abrir almaeenos i
tiendas por menor, sometidndose A
las mismas leyes, f los decretos i
neos establecidos 'para los ciudada- Taes.
nos del pais ; i no estardn sujetos J
mayores impuestps i contribuciones
que los que estos mismos pagan 6
deben pagar. No se ecsaminardn Ezamination
ni inspeccionardn los libros, papelesIof books and
o on
i cuentas que les pertenezean sin
mandato de juez 6 tribunal compe-
tente.
Las estipulaciones del presente Treaty not to
tratado no so considerarda aplia-the and navigaton
coasting
bles 6 la navegacion i comercin de =de.
eabotaje entre un puerto i otro, situ-
ado en el territorio de eualquiera de
las dos partes contratantes; pues la
regulacion de este comercio, esti
reservada respectivamente A las
]eyes particuleros de cada una de
ellas. Sin embargo, los buques de
cualquiera de los dos paises podrdn
descargar parte de sus cargamen-
tos en un puerto habilitado para el
comercio estranjero, pert6neciente
al territorio del otro, pagando sola-
monte los derechos de aduana cor-
respondientes 6, los efectos desoar-
gados, i continuar con el resto de su
carga 6. cualquier otro puerto 6
puertos del mismo pals, abiertos al
comercio estranjero, sin pager otros
6 mayores dereehos de tonelaje Ado
puerto quo los que pagan en igualos
casos los buques nacionales. En
igual forma so len permitirA eargar
en diferentes puertos en un mismo
viaje pare otros paises.
Los ciudadanos de cualquiera de ij~it to
1006 TREATY WITH BOLIVIA. MAY 18, 1858.
shall also have the unrestrained
right to travel in any part of the
possessions of the other, and shall
in all oases enjoy the same security
and protection as the natives of the
country in which they reside, on
condition of their submitting to the
laws, decrees, and ordinances there
Forced loam, prevailing. They shall not be call-
&e. ed upon for any forced loan or coca-
sional contribution, nor shall they
be liable to any embargo, or to be
detained with their vessels, cargoes,
merchandise, goods, or effects, for
any military expedition, or for any
public purpose whatsoever, without
being-allowed therefor a full and
sufficient indemnification, which
shall in all cases be agreed upon
and paid in advance.
ATCfOLZ V.
Meredadhe All kinds of produce, manufac-
which mayorbO
imported tures, or merchandise, of any for-
eported in the eign country which can, from time
reeels of one to time, be lawfully imported into
astion, roy be the United States in their own
imported in
veues of the vessels, may be also imported in
otbr nation vessels of the Republic of Boli-
via ; and no higher or other duties
upon the tonnage of the vessel and
her cargo shall be levied and col-
leted, whether the importation be
made in the vessels of the one
country or of the other; and in like
manner all kinds of produce, manu-
factures, and merchandise of any
foreign country that can be, from
time to time, lawfully imported into
the Republic of Bolivia in its own
vessels, whether in her ports upon
*the Pacific or her ports upon the
tributaries of the Amazon or La
Plata, may be also imported in yes-
sols of the United States; and no
higher or other duties upon the ton-
nage of the vessel and her cargo
shall be levied or collected, whether
the importation be made in vessels
of the one country or of the other.
And they agree that what may be
lawfully exported or regxported
from the one country in its own
vessels, to any foreign country, may,
in like manner, be exported or re-
exported in the vessels of the other*
country; and the same bounties,
duties, and drawbacks shall be al-
HeinOnline -- 12 Stat. 1006 1855-1863
Ia doe partes tendrin tambien el
derecho ilimitado do viasjar por
cualquiera parte de ]as posesiones
do a 6tra, i gozarin en todo caso, de
Ia misma seguridad i proteccion
que los naturales del pais donde
residen, sometidndose h las leyes,
decretos i ordenanzas quo en el se
observen; no se lee exjir& ningun
impuesto forzoso, ni ninguna contri-
bucion accidental, ni estarn sujetos
4 ningun embargo, ni A se deteni-
dos con sue buques, cargamentos,
mereaderias 6 efectos, pars ninguna
espedicion militar 6 para cualquier
otro objeto pfiblico, sin que por ello
se les conceda una cumplida i sufl-
ciente indemnizacion, que en todo
caso se convenga i pague adelan-
tado.
ATIOULO IV.
Toda clase de productos, manu-
faeturas 6 mercaderias de cualqui-
era nacion estranjera, que puedan,
de tiempo en tiempo, ser legalments.
importados en los Estados Unidos
en!sus proprios buques,pueden seor
tambien en buques de I&Repdblica
de Bolivia, sin que so les pueda ec-
sijir ni cobrar otros 6 mas altos de-
rechos do tonelaje del buque i su
cargamento, sea que la importacion
se haga en buques del uno 6 del otro
pais; i del mismo medo toda clase
de productos, manufactures 6 mer-
caderias de una nacion estrafla, que
de tempo en tiempo, pueden ser
importados en la Repfiblica de Bo-
livia, en sue proprios buques, sea
por sue puertos del Pacifico, 6 por
los que tongs sobre los tributarios
del Amazonas 6 del Plata, puedan
tambien ser importados en los bu-
ques de los Estados Unidos; sin
que so pued eesijir ni cobrar otros
6 mas altos derechos pr el tonelaje
del buque i su carp, sea que la im-
portacion s Bags en buques del uno
6 del otto p Y convienen en
quo todo Jo que legalmente pueda
ser esportado 6 re-exportado de un
pais, en sue propios buques, un
pas estratio, pueda del mismo mode
ser exportado i re-exportado en bu-
ques del otro pas. Y los mismos
premios, dereohos 6 re-embolzo do
derechos, sertn conoedidos i cobra-
 TREATY WITH BOITVIA. MAY 18, 1859. 1007

lowed and collected, whether such dos, sea.que Ia exportacion 6 re-ex-

exportation or refxportations be portacion se haga en buques de los
made in vessels of the United States Estados Unidos 6 de la Repdblica
or of the Republic of Bolivia. de Bolivia.
In all these respects, the vessels En todos estos casws, los buques
and their cargoes of the one country, de cualquiera de los dos paises i sus
in the ports of the other, shall also respectivos cargamentos se pondrit
be on an equal footing with those of en los puertos del otro en un pid do
the most favored nation. It being igualdad con los de la nacion mas
further understood that these prin- favorecida; debi6ndo observarse
ciples shall apply whether the yes. estos principios, sea que los buques
sels shall have cleared directly from fueren despachados directamente do
the ports of the nation to which los puertos de Ia nacon A que per-
they appertain, or from the ports of tenece 6 sea quo lo fueren de los
any other nation. puertos de cualquiera otra nacion.
ARTICLE V. ARTIOULO V.

For the better understanding of Par& Ia mejor iteligencia del What to be

the preceding article, and taking
into consideration the actual state
of the commercial marine of the
Republic of Bolivia, it is stipulated
and agreed that all veisels belonging
exclusively to a citizen or citizens
of said Republic, and whose captain
is also a citizen of the same, though
the construction or the crew are or
may be foreign, shall be considered,
for all the objects of this treaty, as
a Bolivian vessel.
ARTIOLN VL
artfculo precedente, i tomando en eonaded Boltv-
Ia
consideracion el estado actual de lan.vese.
marina comircial do Ia Repdblica
de Bolivia, se estipula i conviene,
en que todos los buques pertenecien-
tes esclusivamente A un ciudadano
6 ciudadanos de dicha Repdblica,
i cuyo capitan sea tambien ciuda-
dano de la misma, aunque la con-
struccion 6 Is tripulacion sean 6
puedan se" estranjeras, sern con-
sideradois para el objeto de este
tradado, como buques Bolivianos.
ARTIOULO VIo

No higher or other duties shall
be imposed on the importation into
the United States of any w'ticles,
the produce or manufactures of the
Republic of Bolivia, and no higher
or other duties shall be imposed on
the importation into the Republic
of Bolivia of any articles, the pro-
duce or manufactures of the United
States, than are or shall be payable
on the like articles being the pro-
due or manufactures of any other
country; nor shall any higher or
other duties or charges be imposed,
in either of the two countries, on
the exportation of any articles to
the United States or to the Repub-
lic of Bolivia, respectively, than
such as are payable on the exporta-
tion of the like articles to any other
foreign country; nor shall any pro-
hibitions be imposed on the exporta-
tion or importation of any articles,
the produce or manufactures of the
United States, or of the Republic
No se impondrt otros ni mas al- Duties on Im-
tos derechos & Ias importaciones en pto be ond exports
the utme
los Estados Unidos de cualesqiera as on like artielea
articulos, productos 6 manufacturas from or to other
de ia Reptibliea de Bolivia; asi eoItim
como no se impondr otros ni mas
altos derechos 6 las importaciones
en la Repdblica de Bolivia de cual-
esquiera artculos, productos 6 man-
ufacturas de los Estados Unidos,
que los que se cobran por iguales
articulos A los produotos 6 manufac-
turas de otro pais; tampoco se im-
pondri otros ni mas altos derechos
6 grav6menes, en ninguno de los
dos paises, A la exportacion de cual-
esquiera articulos de la Repdbliea
de Bolivia 6, los Estados Unidos, 6
vice versa quo los que se pagan por
a exportacion de iguales articulos
i otro pais estrangero; ni se impon-
drit prohibicion alguna 6, la impor-
tacion 6 exportacion de los articulos
productos 6 manufaeturas de ia Re-
pdblica de Bolivia, 6 de los Estado

HeinOnline -- 12 Stat. 1007 1855-1863

1008 TREATY WITH BOLIVIA. MAY 18, 1858.
Unldos, al 6 del territorio do Bolivia,
of Bolivia, to or from the territories
of the United States, or to or from al 6 del territorio de los Estads
the territories of the Republic of Unidos, que igualmente no se eaten-
Bolivia, which shall not equally da 6 otras nadones.
extend to all other nations.
ARTIOLIN VII.
Otzs of one It is likewise agreed that it shall
co try, "0
tn be wholly free for all merchants,
be traed In the commanders of ships, and other
se maner, citizens of either country, to man-
age themselves their own business,
in all the ports and places subject
to the jurisdiction of the other, as
well with respect to the consignment
and sale of their goods and merchan-
dise, by wholesale or retail, as with
respect to the loading, unloading,
and sending off their ships; they
being in all these cases to be treated
as citizens of the country in which
they reside, or at least to be placed
on a footing with the citizens or
subjects of the most favored nation.
ASTIOL VIM
steaan-vels The Republic of Boliva, desiring
navigating be- to increase the intercourse between
twee ot of the Pacific ports by means of steam
D=P"ia
navigation, engages to accord to any
citizen or citizens of the United
States who may establish a line of
steam-vessels to navigate regularly
between the different ports and bays
of the coasts of the Bolivian terri-
tory, the same privileges of taking
in and landing freight and cargo,
entering the by-ports for the pur-
pose of receiving and landing pas-
sengers and their baggage and
money, carrying the public mails,
establishing depots for coal, erecting
the necessary machine and, work-
shop4 for repairing and refitting the
steam-vessels, and all other favors
enjoyed by any other association or
company whatsoever, of the same
character. It is furthermore under-
stood between the two high con-
tracting parties that the steam-ves-
sels of either shall not be subject,
in the ports of the other party, to
any duties of tonnage, harbor, or
other similar duties, whatsoever,
than those that are or may b paid
by any other association or com-
pany.
HeinOnline -- 12 Stat. 1008 1855-1863
ARTIOULO VIL-
Se conviene igualmente en quo
seri enteramente libre Atodo comer-
ciante, comandante de buque, d otros
ciudadanos do cualquiera de los
do poises manejar por si mismos
sus propios negocios, en todos Jos
puertos 6 lugares sujetos A Is juris.-
diccion del otro, asi como respecto
SIa consignacion i venta de efeetos
i mercancias, por mayor 6 por me-
nor, como tambien respecto ii Ia
carga, descarga i despoeho de sus
buques, debiendo set, en todos esos
casos, tratados como ciudadanos del
pais en que residen 6, A lo menos,
ser colocados'en un mismo pi6 con
los subditos 6 ciudadanos de la na-
eion mas favorecida.
AUTICULO VIIL
Deseando Ia Repdblica do Bo.
livia ampliar la comunicacion
entre los puertos del Pacifico, por
medlo de I nkvegacion por vapor,
so compromete 6 conceder 6 cual-
quiera ciudadano 6 ciudadanos de
los Estsdos Unidos que concurran
6 este efecto, estableciendo una linea
do vapores entre los puertos 6 bahias
de las costas del territorio Boliviano,
los mismos privilejios pam el em-
barco, desembareo de carga 6 frete,
recepelon Idesembarco de pasajeros,
sus equipages i dinero; para el tras-
porte de las balijas de correos, fcr-
macion de depdsitds pam el com-
bustible, estableeimiento de talleres
i mdquinas para reparar i earenar
los vapores, i as demos imunidades
de que goza cualquiera otra soie.
dad 6 compaflia del mismo jenero.
Convienen ademds las altas partes
contratantes en que los vapores
pertenecientes 6 eualquiera de ellas
no etarnn sujetos, en los lugares de
desembarco de la otra, al ago do
ninguna clase de dereohos, como los
do tonelaje, puerto, ni otroa seme-
jantes, i no ser los quo paguen 6
pagaren otras soeiedades 6 comnpa-
Mas favorecidas.
 TR AT.. ir£H BOLIVIA. * XL 18,
* Whenever the citizens of either
of the contracting parties shell be
forced to seek refuge or asylum in
the rivers, ports, or dominions of
the other with their vessels, whether
merchant or of war, through stress
of weather, pursuit of pirates, or
enemies, they shall be received and
treated with humanity, giving to
them all favor and protection for
repairing their ships and placing
themselves in a situation to continue
their voyage, without obstaeles or
hindrance of any kind. And the
provisions of this article shall apply
to privateers or private -vessels of
war as well as public, until the two
bigh contracting parties may relin-
quish the right of that mode of
warfare, in consideration of the gen-
eral relinquishment of the right of
capture of private property upon
the high seas.
.ARTIOLN 1.
When any vessel belonging to the
elitizens of either of the contrating
partes shall ha wrecked, or shall
suffer any damages in the seas, niv-
er, or channels, within the domin-
ions of the ,other, there shall be
given to them all Assistance and
protection, in the same manner
which is usual and customary with
the vessels of the nation where the
.damage happens, permitting them
to unload the said vessel, if neces-
sary, of its merchandlse and effects,
without exacting for it any duty,
. mpont, or contribution whatever.
ARTIOLD XL
l the ship, merchandise, and
the effects belongig to the citizens
of one of the contraeing parties,
which maybe captured by pirates,
whether within the limits of -its
jurisdiction or on the high seas, and
may be carried or found in the riv-
ers, roads, bays, ports, or dominions
of the other, shall be delivered up
to the owners, they. proving, in due
form, their rights before the compe-
tent tribunals; it being well under-
HeinOnline -- 12 Stat. 1009 1855-1863
8&8. 1009
ATIO1JLO IM
Cumdo los ciudadanos de una owtes of
obligados £ refujiarse 4 asilraee en &c.,
r-, to wated
los rio, puertos 6 dominies de la with humty.
otra, con sus buques sean mercan-
tes 6 de guerra, & causa del mal
tiemp, 6 de la persecusion de ene-
migos 6 pirats, serin reebidos i
tratados con consideracion, prestd-
doseles, todo ausilio i proteccion,
pars reparar sue buques i ponerse
en estado do continuar su viaje sin
obstdzulo ni riesgo de nlingun jdn-
erO.
Las estipulaeiones contenidas en
este artleuo so apliean £ los corns-
rice 6 buques privados de guerra,
como i los piblieos, hasts que las
dos altas partes contratantes hayan
abandonado Ia guerra 4e corso, en
consideracion i que jeneralmente
se abandone por as naciones del
dereeho de apresar propiedades pri-
vadas en el mar.
.ATICULO X.
Cuando un buque pertenociente Vessels
6 un eludadano do una do Ins na- damage&d
ciones contratantes, hays naufra-'---s'-
gado 6 sufido algun dio en los
mares, rios 6 canals pertenecientes
A Ia otir, s prestaA socorro I pro-
teceon en is misrab forms que , los
buques do la nacion en que aeon-
tece el delo, permitidndole, si foese
necessario, desesrgar dieho buque
de sus mereancias i efeetos, sin
exijir por ello derecho ni impuesto
ni eontribucion algma.
AIOULO XL
Todos los buques, mercaderias i captrwe by
efectos pertonecientes A los cinda- pt-
dance de una de las partes contra-
tantes,,que fueren apresados por
piratas dentri de los limites de on
jurisdieion, 6 que, sidndolo on altar
mar, fuesen llevados 4 los rios, ra-
das, 6 bahies, 6 encontrados en los
puertoo 6 dominio de Iaotra, serin
entregados 4 ss dueflos, probando
estos en debida forma sus derechos
ante los tribunsles competentes t
1010 TREATY WITH BOLIVIA.
stood that the claim should be made
within the term of one year, by the
parties 'themselves, their attorneys,
or agents of their respective gov-
ernments.
ATIOLZ XII
Power of ls- The citizens of each of the con-
posing of per- tracting parties shall have power
sonal property,
and right of sue- to dispose of their personal goods
ceslon thereto. within the jurisdiction of the other,
by sale, donation, testament, or
otherwise, and their representatives,
being citizens of the other party,
shall succeed to their said personal
goods, whether by testament or ab
intestate, and they may take posses-
sion thereof, either by themselves
or others acting for them, and dis-
pose of the same at their will,
paying such duties only as the in-
habitants of, the country where such
goods are shall be subject to pay in
like cases. And if, in the ease of
real estate, the said heirs would be
prevented from entering into the
possession of the inheritance on
account of their character of aliens,
there shall be granted to them the
longest period allowed by the law
to dispose of the same as they dAay
think proper, and to withdraw the
proceeds without molestation, nor
any other charges than those which
are imposed by the laws of the
country.
ARTIOLE XIIL
Ciiens of Both the contracting parties prom.
each n6o to ise and engage, formally, to give their
be pte special protection to the persons and
property of the citizens of each other,
of all occupations, who may be in
the territories subject to the juris-
diqlion of the one or the other, tran-
Tribunals of sient or dwelling therein, leaving
justioe to be open and free to them the tribunals
open. of justice, for their judicial recourse,
on the same terms which are usu-
al and customary with the natives
of the country; for which they
may employ, in defence of their
rights, such advocates, solicitors, no-
taries, agents, and factors as they
may judge ptoper, in all their trials
at law ; and such citizens or agents
shall have free opportunity to be
HeinOnline -- 12 Stat. 1010 1855-1863
MAY 18, 186&
bien entendido que el'reclamo sed
hecho par los mismos interesados,
sus apoderados, 6 los ajentes de sus
respectivos gobiernos, dentro del
t6rmino de un aiho.
AEIL= XII.
Los ciudadanos de .eada uns de
las partes contratantes tendrin fa-
eultad pars disponer de los efectos
de su pertenencia, dentro de la ju-
risdiecion del otro, por venta, dona-
cion, testamento 6 de oualquier otra
manera, i sus herederos 6 represen-
tantes, siendo naturales de la otra
parte, sueederAn en diehos efectos,
sea pot testamento 6 ab instato,i
podrin tomar posesion 'i disponer
de ellos A su voluntad, por si 6 por
otros que obren 4 nombre suyo,
pagando solamente los derechos A
que en semejantes casos est6n suje-
tos los habitantes del pais donde
eesisten dichos efeetos. Y s en el
cas de ser los bienes raices, estu-
viese prohibido i los mdncionado
herederos, entrar en posesion de ]a
herencia, Acausa de su caracter de
estranjeros, se les concederi el plazo
mas largo que fuese permitido par
las leys, pars dispner de ellos
coma los parezca i esportar so pro-
ducto, sin otros gravdmenes ni de-
rechos que los establecido par las
teyes del pals.
ARTIOULO XII.
Las dos partes contratantes pro-
meten i se obligan formalmente A
prestar su proteceion especial A lm
personas i propriedades de los cW-
dadanos de la otra, de todas occupa-
caones, que eaten en los territorios
de so respectiva jurisdiccion, sean
transeuntes 6 domiciliados; ddndo-
lea libre acceso 4 los tribunales do
justicia par sus repursos judiciales
en los mismos t6rminc .que son -de
use i costumbre con los naturales;
pars cuyo efecto podrin emplear en
defeonsa de sos derechos, los aboga-
dos, procuradores, notarios, agentes,
i fitctores que le parezea, en todas
spa contiendas judiciales ; dichos
ciudadanos i agentes podrn presei.
tame libremente i las deckiones i
 TREATY WITH BOLIVIA. -MA
present at the accusations and sen-
tenes of the tribunals in all cases
which may concern them; and like-
wise at the taking of all 'examina-
tions and evidence which may be
exhibited on the said trials, in the
manner established by the laws of
the country. If the citizens df one
of the contracting parties, in the ter-
ritory of the other, engage in interi
nal political questions, they shall be
subject to the same measures -of
punishment and precaution as the
citizens of the country where they
reside.
ARTICLE XIV.
The citizens of the two contract-
ing 'parties shall enjoy the full lib.
erty of conscience in the countries
subject to the jurisdiction or the one
or the other, without being disturbed
or molested on account of their re-
ligious opinions, provided they re-
spect the laws and established cus-
toms of the country. And the bodies
of the citizens of the one who may
die in the territory of the other shall
be interred in the public cemeteries,
or in other decent places of burial,
which shall be protected from all
violation or insult by the local au-
thorities.
ARTICLE XV.
It shall be lawful for the citizens
of the United States of America,
and of the Republic of Bolivia, to
sail with their ships, with all manner
of liberty and security, no distine-
tion being made who are the pro-
prietors of the merchandises laden
thereon, from any port to the places
of 'those who now ate, or hereafter
shall be, at enmity with either of
the contmeting parties. It shall
likewise be lawful for the citizens
afbresaid to sail with-their siuips and
merchandises before mentioned, and
to trade with the same liberty and
security, not only from places and
p rts of those Who are enemies of
th or either party, to the ports of
the other, and to neutral places,'but
also from one place belonging to an
enemy, to another place belonging
voL. XI TREAT.- 180
HeinOnline -- 12 Stat. 1011 1855-1863
13, 1858. 1011
sentencias de los tribunales, en to-
dos los casos que les conciernan, i
podrfn pedir testimonies do todas
las informaciones 6 doeumentos quo
se produjeren en dichos tribunales
en la forma establecida por las leyes
del pas. Los ciudadanos de una
de las partes contratantes que hal-
Indese en territorlo de la otra, se Those engag-
injeriesen en las euestiones politicas i'..terad
tions.
internas, estarain sujetosi las mismas
medidas de represion 6 de precau-
cion . que lo estuvieren los del
pals.
ARTICULO XIV.
Los ciudadanos do las dos partes Kegiotus
contratantes gozarin de eomp eta redm
libertad de conciencia, en los poises
sojetos A lia jurisdicion de la una 6
de la otra, sin ser inquietados ni mo-
lestados por razon de sus opiniones
relijiosas, con tal de que respeten
las eyes i costumbres establecidas
en el pais. Ademd los euerpos de b.ights ot
los ciudadanos de una de las partes b"id•
contratantes, que fallecierpn en el
territorio de la otra, sorA enterra-
dos en los eementerios pidblieos d
otros enterratorios decentes, quo so-
rain protejidos contra toda violacion
6 insultos por las autoridadas lo-
cales.
ARTICULO XV.
Seri ]lcito I.los ciudadanos de I, Fredom of
epfiblica de Bolivia i de Ia Union navigation.
Americana navegar con sus buques,
con entera libertad i seguridad, sin
hacer distincion do dueflos de ls
mereaderias que se encuentren 6. su
bordo, do cualesquiera puerto con
direccion A.los puertos 6 lugares de
desembarco de una nacion 6 na-
ciones que estdn en guerra con una
d otra de las partes contrtantes.
Seri licito, asi mismo, 6 dichos ciu-
dadanos navegar i comerciar con sus
buques i mercaderias, con entera lib-
ertad i seguridad, no solamente de
los lugares i puertos de los enemigos
de una 6 de ambas partes, t los
puertos del otro i 6.los lugares neu-
trales, sino tambien de un lngar
perteneciente 6 un enemigo, 6. otro
lugarperteneciente 6 un enemigo,
1012 TREATY WITH BOLIVIA.
to an enemy, whether they be under
the jurisdiction of one power or of
several.
ARTICLE XVIL
rM ships The two high contracting parties
DikO ft k ' recognize as permanent and immu-
table the following principles, to wit:
1st. That free ships make free
goods; that is to say, that the effects
or goods belonging to subjects or
citizens of a power or state at war
are free from capture or confiscation
when found on board of neutral ves-
sels, with the exception of articles
contraband of war.
Neutral prop- 2d. That the property of neutrals
arty, &c., not
su.bect to courts- on board an enemy's vessel is not
ation, unless subject to confiscation, unless the
same be contraband of war.
The like neutrality shall be ex-
tended to persons who are on board
a neutral ship with this effect, that
although they may be enemies to
both or either party, they are not to
be taken out of that ship unless they
are officers or soldiers, and in the
actual service of the enemies. The
contracting parties engage to apply
these principles to the commerce
and navigation of all such powers
and states as shall consent to adopt
them as permanent and immuta-
ble.
ARTICLB XVI.
Contraband This liberty of navigation and
f war. commerce shall extend to all kinds
•of merchandise, excepting those only
which are distinguished by the name
of contraband of war, and under this
name shall be comprehended -
1st. Cannons, mortars, howitzers,
swivels, blunderbusses, muskets, fir-
ses, rifles, carbines, pistols, pikes,
swords, sabre, lances, spears, hal.
berds, and grenades, bombs, powder,
matches, balls, and all other things
belonging to the use of these arms.
2d. Bucklers, helmats, breast-
plates, costa of mail, infantry bolts,
and clothes made up in the form
and for a militiry use.
3d. Cavalry belts, and horses ,
with their furniture.
4th. And, generally, all kinds of
HeinOnline -- 12 Stat. 1012 1855-1863
MAYi 18, 1SM
sea que esten bajo la juriedlceton
de una potencia 6 de varias.
A.RTICUILO X.V.
Las dos ltuS partes contratantes
reconocer~n como permanentes d in-
mutables los principles siguientes:
10. Que el buque neutral proteje
la carga, e4 decir, que los efectos,
6 mereaderias pertenecientes A los
shbditos 6 ciudadanos de una na-
cion enemiga, son neutrales i bgrdo
de un buque neutral, con escepoion
de los articulos de contrabando de
guerra.
2 °. Que la carga neutral A bordo
de un buque enemigo, no estA sujeta
i confiseacion; permanece neutral,
A menos que sea contrabando do
guerra.
La misma neutralidad so estea-
der*A Ias personas que se ballen A
bordo de un buque neutral, do ma-
nera que, aunque sean enemigas do
ambas 6 do una de as partes, no
pueden ser estraidas del buque, A
no ser que sean oficiales 6 soldados
que se hallan en actual serviclo del
enemigo. U4s partes contratantes
se obligan 4 aplicar estos principios
al comerclo i navegacion de todas
las potencias 6 estados que con-
sientan en adoptarlos como perma-
nentes 6 inmutables.
AITIOUiO XVI
La libertad de oomercio i navega-
cion se estenderA A todo jnero de
mercaderias, eseeptuando solamente
aquellas qua se distinguen con el
nombre de contrabando do guerra
bjo cuya denoihinacion se com-
prenden.
1. Cafiones, morferos, obuses, pe-
dreros, mosquetes, fusiles rifles, car-
abinas, pilstolas, espadas, sables, ]an-
zas, chusoo, alabardas, i granadao.
bomba, polvofa, mechas, balas, on
las domes eosas correspondientes al
use de estas armas.
2r. Bioqueles, escudos, yelmos,
casquetes, corazas, cotas de malla,
fornituras i ,estidos hechos en forms
i pars uso nilltar.
8*. Bandoleras I caballos con au
arreos.
 TREATY WITH BOLIVIA.
arms, offensive and defensive, and
instruments of iron, steel, brass, and
copper, or any other materials, man-
ufitetured, prepared, and formed
expressly to make war by sea or
land.
ARTIOL XVfIL
All other merchandises and things
not comprehended in the articles
of contraband explicitly enumerated
and clansified as above, shall be held
and considered as free, and subjects
of free and lawful commerce, so that
they may be carried and transported
in the freest manner by the citizens
of both the contracting parties, even
to places belonging to an enemy, ex-
cepting only those places which are
at that time besiegeci or blockaded ;
arpd to avoid all doubt in this partic-
ular, it is declared that those places
or ports only are besieged or block-
aded which are actually attacked by
a belligerent force capable of pre-
venting the entry of the neutral.
ARTICLn XII.
The articles of contraband before
enumerated and clatsified which may
be tbund in a vessel bound to an en-
emy's port shall, be subject to deten-
tion and conflsation, leaving free
the rest of the cargo and the ship,
that the owners may dispose of them
as they see proper. No vessel of
either of the two nations shall be
detained on the high seas on account
of having on board articles of con-
traband, whenevier the tuahter, cap-
tain, or supercargo of said vessel will
deliver up the articles of contraband
to the captor, unless the quantity of
such articles be so great or of so
large a bulk that they cannot be re-
ceived on board thW capturing ship
without great inconvenience; but in
this, as well as in all other cases of
just detention, the vessel detained
shnll be sent to the nearest conven-
ient and safe port for trial and judg-
ment according to law.
HeinOnline -- 12 Stat. 1013 1855-1863
X&T 18, 1858. 1618
40. Y jeneralmente todo jenero de
armas ofensivas 6 defensivas, 6 in-
strumentos de hierro, aecro, bronoe
i cobre, 6 de otras materiss, mann-
facturados, preparados, i formadoe
espresamente para bacer Ia guerra
po mar 6 por tierra.
xTIcULO X'IVnL
Cualesquiera otras mereaderias i Pryperty not
cosas no comprendidas en los articu- enumerated as
los de contrabando, esplicitamento ".traband, to be
so
numerados i clasificados arriba,
tendrin, i considerardn como libres
i materii de libre i legitimo comer-
sio, de manera quo puedan ser lie-
vadas i trasportadas, en el modo
mas libro, por los ciudadanos de las
dos partes contratantes aun 6 Inga-
res pertenecientes al enemigo; es.
eeptuando unicamente aquelos In.
gares quo en aquel tiempo esten
siiados 6 bloqueados; i pars evitar
toda duda en este particular, se do-
clara quo unicamente se eonsideran
sitiados 6 bloqueados, aquellos In-
gares 6 puertos quo esten i la asan
atacados por una fuerza capaz do
impedir la entrada del neutraL
ALTICULO XI.
Los articulos de contrabando ya WIhaV,.rty
enumerados i clasificados, quo seen- found in vemeb
cuentren Abordo de un buque desti- liabeto be con.
nado 41un puerto enemigo, estaAn
sujetoe 6 detencion i confiscacion
quedando libre el resto de la cargo.
i el buque, para quo los duefios
puedan hacer uso de ellos como lea
pareeas conveniente. Ningun buque
de etinguna de las partes contratantes
podra, ser detenido en alta mar por
toner A bordo articulos do contra-
bando si al maestre, eapitan, 6 so-
brecargo de dicho buque quiere en-
tregar los articulos de oontrabando
al aprehensor, A menos do quo sea
tan grAnde 6 de tanto voldmen Ia
cantidad de los tales articulos, quo
no puedan ser recibidos A bordo del
,buque aprehensor sin grands incon-
veniente ; pero en este, como en
eualquiem otro easo de justa deten-
cion, el buque detenido serA enviado
al puerto mas inmediato, seguro i cd-
modo para ser juzgado con arreglo
4 ls leyes.
1014 -TREATY WITH BOLIrVA. MAY I8, 18.
ARTICLE XX.
Blockades. And whereas it frequently hap-
pens that vessels sail for a port or
places belonging to an enemy with-
out knowing that the same is be-
sieged, blockaded, or invested, it is
agreed that every vessel so eircm-
staneed may be turned away from
such port or place, but shall not be
detained; nor shall any part of her
cargo, if not contraband, be confis-
cated, unless, after warning of such
blockade or investment from any
officer commanding a vessel of the
blockading forces, they shall again
attempt to enter*; but she shall be
permitted to go to any other port or
place she shall think proper. Nor
shall any vessel of either that may
have entered into such port before
the same was actually besieged,
blockaded, orinvested by the other,
be restrained from quitting such
place with her cargo; nor, it found
therein after the reduction and sur-
render, shall such vessel or her cargo
be liable to confiscation, but they-
shall be restorM to the owners
thereof.
ARTICLE XX
V191thig and In order to prevent all kind of
examilation of disorder in the visiting and exami-
ohips and ear-
9068- nation of the ships and cargoes of
both the contracting parties on the
high seas, they mutually agree that,
whenever a vessel of war shall meet
with a neutral of the other contract-
ing party, the first shall remain at
a convenient distance, and may send
its boats with two or three men only,
in order to execute the said exami-
nation of the papers concerning the
ownership and cargo of the vessel,
without causing the least extortion,
violence, or ill-treatment, for which
the commanders of the said armed
ships shall be responsible with their
persons and property; for which
purpose the commanders of private
armed vessels shall, before receiving
their commissions, give sufficient se-
curity to answer for all the damages
they may commit; and it is express-
ly agreed that the neutral party
shall in no case be required to go
oh'board the examining vessel for
HeinOnline -- 12 Stat. 1014 1855-1863
ARTICULO XX.
Y como frecoentemente sucede
que navegan buques pam puertos 6
lugares pertenecientes al enemigo,
sin saber quo se hallan sitiados, blo-
qucados, 6 atacados, se conviene en
quo todo buque quo se halle en este
caso pueda ser rechaado de tal
puerto 6 lugar, mas no detenido, ni
confiscada, parte aiguna de su carga,
sino es contrabando de guerra, 6
menos que despues de notifledrsele
el bloqueo 6 ataque por an oficial que
mande un buque de las fuerzas blo-
queadoras, insistiera en entrar; pero
so le permitird ir 6, cualquier otro
puerto 6 lugar que juzque A propd-
sito. Ningun buque de una parts
que hubiese entrado en un puerto,
antes do qua fuese sitiado, bloqueado,
6 atacado por ]a otra, podrA ser im-
pedido de air del lugar con su car-
ga; ni si se enoontrase alli despues
de la reduccion 6 entrega, esta6 an-
jeto tal buque 6 su cargo. A confls-
cacion, sino quo sele restiturA i su
dueflo 6 propietario.
ARTIOULO XXL
Para prevenir todo jdnero de des.
orden en la visita i ecsamen de los
buques i cargamentos de ambas par-
tea eontratantes en alta mar, convie-
nen mutuamente qua cuando an
buque de guerra encontrare A un
neutral de la otra parte.contratante,
el primero permanecerii A una con-
veniente .distancia, I enviari sus
botes con dos 6 tres hombres sola-
mente, con el objeto de eesaminar
los papeles coneernientes 4. la pro-
piedad I cargamento del buque, sin
causar la menor estorsion, violencia,
6 maltratamiento, respeto 6 Iocual,
los comandantes de dichos buques
armados, serin responsables con sus/,
personsa I propiedades; pam cuyo
fin los cqmaudantes de buques pri-
vados armados, antes de recibir sue
comisiones, darAn sufleente seguri-
dad pam responder por todos los
darlls i perjuicios qua cometieren.
Se conviene espresamente en que Ia
parte neutral, en ningun caso, serit
requerlda 6, ir A.bordo del buque
 TREATY WITH BOLIVIA.
the purpose of exhibiting his papers,
or for any other purpose whatever.
ARTICLE XXI.
To avoid all kind of vexation and
abuse in the examination of the pa-
pers relating to the ownership of
the vessels belonging to the citizens
of the two contracting parties they
agree that, in oae one of them
should be engaged in war, the ships
and vessels belonging to the citizens
of the other mu.-t be furnished with
sea-letters or passports, expressing
the name, property, and bulk of the
ships, as also the name and place of
habitation of the master and coin-
mander of said vessel, in order that
it may thereby appear that said ship
truly belongs to the citizens of one
of the parties; they likewise agree
that such ships being laden, besides
the said'sea-letters or passports,
shall also be provided with certifi-
cates, containing the several par-
ticulars of the cargo, and the place
whence the ship sailed, so that it
may be known whether any forbid-
den or contraband goods be on board
the same; which certifictes shall
be made out by the ollicers of the
place whence the ship sailed in the
accustomed form; without such re-
quisites said vessels may be de-
tained, to be adjudged by the com-
petent tribunal, and may be declared
legal prize, unless the said defect
shall prove to be owing to accident,
and supplied by testimony entirely
equivalent.
ARTICL3Z XXItI
It is urther agr6ed that the stip-
ulations' aliove expressed, relative
to the visiting and examirl tion of
vessels, shall apply only to those
which sail without' convoy; and
when said vessels shall be under
convoy, the verbal declaration of
the commander of the convoy, on
his word of honor, that the vessels
under his protection belong to the
vation whose flag he carries, and,
HeinOnline -- 12 Stat. 1015 1855-1863
MAY 18, 1858. 1015
que hace la visita con el objeto de
exhibir sos papeles, ni pars ningun
otto objeto.
ARTICILO XXII.
Par evitar todo jenero de abuso Sea-letters and
i vejacion, en el ecs6men de los pa- PM-
peles relatives A Is propiedad de los
buques perteneeientes a los cluda-
danos de las dos partes contratantes,
convienen en que, en caso do que
una de elias estuviese empeflada en
guerra, los buques pertenecientes A.
toe ciudadanos de Is otram, deben
estar provistos de letras de mar 6
pasaportes, en qua se esprese el
nombre, propiedad, i tamahio de los
buques, como tambien el nombre i
residencia del macstre i comandante
de dicho buque, A fin de que apa-
reze per ellos que dicho buque
pertenece verdaderamente A los ciu-
dadanos de una do las partes. Con-
vienen asi mismao en que los tales
buques, estando cargados, fuera do C4etiica.
dichas letras do mar 6 pasaportes,
deben tambien estar provistoa de
certicados, que contengan los dtfe-
rentes pormenores del cargamento,
i el lugar de Ia procedencia del
buque, de manera que se pueda
saber si lleva A su bordo efectoe
prohibidos 6 de contrabando; los
cuales certificados serA~n espedidos
per los empleados del lugar de
dend proede el buque, en a forms
acostumbrada: faltando estoo requi-
sites, dichos buques pueden ser de-
tenidos pars ser juzgados por W1
tribunal competente i declarados
buena press, A menos de qua se
pruebe que dicha falta proviene do
accdente i sea suplide por un testi-
menlo equivalente.
AIRTIOULO
Se conviene asi mismo en que las Vm& de
precedentes eastipulaciones relativas eCovoy.
A I visits i ecsamen de los buques,
so aplicaritn solamente A aquellos
que navegan sin convoi; i cuando
dichos buques fueren convoyados, Ia
declaracion verbal del comandante
del convoL, bale so palabra do honor,
de qua los buques que estdn bejo su
proteccion, pertenecen S I& naecion
cuya banderm levan, i cuando an
1016 TREATY WITH BOLIVIA.
when they are bound to an enemy's
port, that they have no contraband
goods on board, shall be sufficient.
ARTICLE XXIV.
wat eotu to It is further agreed that in all
take tognixene cases the established courts for prize
of Prize cause causes in the country to which the
prizes may be conducted shall alone
take cognizance of them; and when-
ever such tribunals of either party
shall pronounce judgment against
any vessel, or goods, or property
criimed by the citizens of the other
party, the sentence or decree shall
mention the reasons or motives on
which the same shall have been
founded, and an authenticated copy
of the sentence or decree, and of all
the proceedings in the case, shall,
if demanded, be delivered to the
commander or agent of said vessel
without any delay, he paying the
legal fees for the same.
ARTICLZ XXV.
No lettes of No citizen of the Republic of
msne to aet as Bolivia shall take any commission
pivatoes= or letters of marque for arming any
ship or ships to act as privateers
against the said United States, or
any of them, or against the citizens,
people, or inhabitants of the said
United States, or any of them, or
against the property of any of the
inhabitants of any of them, from
any prince or state with which the
said United States shall be at war;
nor shall any citizen or inhabitant
of the United States, or any of them,
take any commission or letters of
marque for arming any ship or shipi
to act as privateers against the citi-
zens of the Republic of Bolivia, or
any of them, or the property of any
of them, from any prince or State
with which the said Republic of
Bolivia shall be at war; and Ifany
person of either nation shall take
echcommissions or letters of
marque he shall be punished ac-
coading to their respective laws,
AR2TIOLN XX.
1mnakan In aceordance with fAxed prinel-
HeinOnline -- 12 Stat. 1016 1855-1863
3.1" 18, 1868.
destino es A un puerto enemigo, do
que no tienen i bordo jdneros do
contrabando, serii suffeiente.
AETICULO XXX.
So conviene ad nismo quo en
todo caso los tribunales establecidos
pars las causas de presas en el pals
A que las presas fueren conducidas,
serdn los unicos quo tomen conoed-
miento de elias; i siempre que tales
tribunales de una d otr;a parte pro-.
nunciaren sentencia contra un buque,
6 jdueros 6 propiedad, reclamados
por los ciudadanos do la otra parte,
la sentencia 6 decision pronunciada
harg mencion de las razones 6 mo-
tivos en quo se ha fundado, i se en-
tregar siempre que lo pidierqn, al
comandante, 6 agente de dicho
buque, una copia autentica de Ia
sentencia 6 decision i de tdos los
procedimientos del caso sin retardo
alguno, pagando pot elr los dero-
chos 6 gastos legales.
ARTICULO XXV.
Ningun cltdadano de )a Repib-
lica de Bolivia podri aceptar coai-
sion 6 letras de marca, part arnmar
en corse uno 6 mas buques I obrar
como corsario eontra lo Estados
Unidos, 6 alguao de elo., 6 contra
los ciudadano, pueblo, 6 habitantes
de alguno de ellos, 6 contra In pro-
piedad de alguno de los habitantes
de aguno de ellos, do ningun prin-
elpe 6 nacion con quo dicbos'Zsta-
dos Unids estuvieren en guerm;
tampoco podri ningun ciudadano
6 habitante de los Estados Unidos
aceptar eomision 6 letras do wares,
para armar nno 6 mas buques I
obr como corsario contra los ca-
dadanm do la Repfiblica de. Bo-
livia, 8 algtuno do ellos, 6 ]a propie.
dad de alguno de selos, de ningun
prltipe'6 estado con el cual dicha
Repdbliea do Bolivia estuylera en
guerra; I A algana persona de una
d otra naclon tomaire tales comisio-
ne 6 letras de marea, serA eastigado
confome ik sut leyes rpectivas.
AhIODLO XXVI
Conforme A os prineipios 4Jos del
 TREATY WITH BOLIVIA. *&r I-, .180.
pies of international law, Bolivia
regards the rivers Amazoi and La
Plata, with their tributaries, as high-
ways or channels opened by nature
for the commerce of all nations.
In virtue of which, and desirous of
promoting an exchange of produc-
tions through these channels, she
will permit and invites commercial
vessels of all descriptions of the
United States, and of all other na-
tions of the world, to navigate freely
in any part of their courses which
pertain to her, ascending those riv-
ers to Bo1ivian ports, and descend-
ing therefrom to the ocean, subject
only to the conditions established
by this. treaty, and to regulations
sanctioned, or which may be sanc-
tioned, by the national authorities
of Bolivia not inconsistent with the
stipulations thereof.
A417
dereeho internacional, Bolivia con- of the Amazon
sidera los rios Amazonas i Plata i and La Plata.
sus respectfvos afluentes, como visa
6 canales abiertos per la natumlezsa
para el comercio le td4s las nacio-
nes. En a viind, i deseando pro-
mover un cambio de productos por
medio de estos canales,, permite 1
convida6, los buques mereantes de
todo clase de los Xstados Unidos i
de todas tas naciones del mundo,6
navegar libremente ou td.la porte
de los cursos que la pqrtaq.za, su-
biendo por diehos c nalp.A puertos
Bolivianos, 6 bajando de',estos al
oedano, con aujecion Anicamente A
las condiciones que establece este
tratado, i6. las leyes i reglamentos
sancionados 6 que en adelante se
sancionaren per Is gutoridad na-
cional de Bolivia, i que no est6a
en contradiocion con sus estipula-
ciones.

ARTICLE XXVIL RTICULO XX I.

"The owners or commanders of Los armadores i comandantes de Navigation of

vessels of the United States enter- buques de los Estado Unidos, desde the tributries of
ing the Bolivian tributaries of the he
que hayan entrado en los tributaris te ao
---as
Amazon or La Plata shall have Bolivianos del Amazonas i del Plata,
the right to put up or construct, in tendrnn derecho de armar .Icon-
whole or in part, vessels adapted to struir en todo 6 en parte embarea-
shoal-river navigation, and to trans- clones adaptables 6. rios de poca
fer their cargoes to them without profundidad, 1 trasbordar sus earga-
the payment of additional duties; mentos t los buques al construidos,
and they shall not pay duties of any sin pagar pr ello dereehos adicio-
description for sections or pieces of nale. gNo pagarin derechos de
vessels, nor for the machinery or ninguna clase por secciones 6 piezas
materials which they may introduce de buque, ni por as mAquinas 4.
for use iA the construction of said materias que introdujeren pam facil-
vessels. itar la eonstruccion de dichas era-
barcacione
All places accessible to these, or Todo los puntos accesibles A Ports open to
other vessels of the United States, estas d otras embarcaciones de los foreign com-
upon the said Bolivian tributaries Estados Unidos en los tributaries Wm
of the Amazon or LA Plata, shall Bolivianos del Amazonas 6 del
be considered as ports open to for- Plata, serAn considerados como
eign commerce, and subject to the puertos abiertos al comereio estran-
provisions of this treaty, under such Jero, i sojetos 6 las disposiciones de
regulations as the Government may este tratado bajo el r6jimen que el
deem necessary to establish for the Gobierno tengs 6 bien establecer
collection of custom-house, port, pars el oobro de derechos de aduana,
light-house, police, and pilot duties. puerto, fanal, policia, i pilotaje. For
And such vessels may discharge consiguiente podrdAn descargar i re-
and receive freight or cargo, being cibir flete 6 carga de efeetos del pals
effects of the country or foreign, at 6 estrangeros, en emalquiera de di.
any one of said ports, notwithstand- ehos puntos, sin pejuicio de lo etl-
Ing the provisions of article 8. pulado en el articulo 3.

HeinOnline -- 12 Stat. 1017 1855-1863

 1018 118TREATY WITH BOLiVIA, kf#
ARTICL XXVIIL
Pdvttegs, i If, by any fatality, (which can-
cae of wr not be expected, and which God
forbid,) the two contaacting parties
should be engaged in a war with
each other, they agree, now for then,
that there shall be allowed the term
of six months to the merchants re-
siding on the coasts and in the ports
of each other, and the term of one
year to those who d.well in the inte-
rior, to arrange their business and
transport their effects wherever they
please, giving to them the safe con-
duct. necessary for it, which may
serve as a sufficient protection until
they arrive at the designated port.
The citizens of all other occupa-
tions, who may be established in
the Territories of the United States
and the Republic of Bolivia, shall
be respected and maintained in the
full enjoyment of their personal
liberty and property, unless their
particular conduct shall cause them
to forfeit this protection, which, in
consideration of humanity, the con-
tracting parties engage to give
them.
ARTIOLE XXIX.
Debts, 5, not Neither the debts due from the
to be ndted. individuals of one nation to the in-
dividuals of the other, nor shares,
nor moneys whieh they may have
in the public funds, nor in public
or private banks, shall ever, in any
event of war or of national differ-
ence, be sequestered or confiscated.
ATIXQLIX.
favored of
Prdvileges
most Both the contracting parties, be-
nstien to minis- ing desirous of avoiding all in-
toe &e. equality in relation to their public
communications and official intqr-
course, agree to grant to the envoys,
ministers, and other public agents,
the same favors, immunities, and
exemptions which those of the most
favored nation do or may enjoy; it
being understood that whatever fa
vors, immunities, or privileges the
United States of America or the
Republic of Bolivia may find it
proper to give to the ministers and
HeinOnline -- 12 Stat. 1018 1855-1863
W S.
ART1CU1LO. VIflo..
Si por una desgracia, qua no ea:
de esperar, i que Dies no permita,
]as dos partes contratantes se em-
peflasen en una guerra una con otra,
convienen ahora pars ent6nbes en
que ae concederi el tdrmino de seis
moses 6 los comerciantes i trafican-
tea residentes en las costas i puerto
de ]a or, i el de un ae A los que
habiten en el interior, para arreglar
sus negocios i trasportar sns efe-
tos donde lea convenga, ddndoles el
salvo - conducto necesario para el
efecto, tal quo lea pueda servir de
sulciente proteecion hasta 'que le-
guen al puerto designado. Los
ciudadanos de todas las otras ocu-
paciones que estbn establecidos en
el territorio de los Eetados Unidos
i do Ia Repdblica de Bolivia serda
respetados i mantenidos en el pleno
goce de su libertad personal i de
sus propiedades, A no ser que su
conducta particular lea cause pri-
varse de esta proteecion, que Jas
partes contratantes les acnerdan por
consideraciones de humanidad.
A.RTICULO XXIX.
Ni las deudas particulares de loe
individuos de una de las dos partes
Oontratantes A loe individuos do la
otra, ni las aoiones 6 dinero que
os puedan tener en los fondos
pdblioos, 6 en los bancos pdblicos 6
privados, podrin jamis en caso do
guerra 6 de diferoncias nacionales,
ser secuestrados ni confiscados.
ARTICULO XX -
Deseando Ia dos partes contra-
tantes evitar toda desigualdad rela-
tiva 4 sus comunicaciones p6blicas
i sa correspondencia ofieial, con-
vienen en conceder i los enviados,
ministros, i otros agentes pdblicos,
los mismos favores, inmunidades i
esenciones quo hoi gosan i en ads-
lanto gozaren los de la nacion mas
favorecida, entendidadose quo cual-
esquiera favores, inmunidades 6
privilejios quo Ia Repdblica de Bo-
livia i los Estadis Unidos de Amdr-
Ion tuvicren por convenient. conce-
 TREATY WITH BOLIVIA. MAx 18, 1858. 1019

other public agents of any other
power, shall, by the same act be
extended to those of each of the
contracting parties.
der 6 los ministros i otros agentes
pdblieos de cualquiera otra poten-
cia, serin por el mismo hecho es-
tendidos 6, los de cada una de las
partes contratantes.

ARTICLE XXXL ARTICULO XXXL

To make efleetual the protection Para hacer mas efectiva ]a pro- Consuls and
which the United States and the teccion que Ia Repdblica de Bolivia vle-es'ul.
Republic of Bolivia shall afford in i los Estados Unidos prestarda en
future to the navigation and com- lo futuro &la navegacion i al comer-
merce of the citizens of each other, cio de sus cludadanos respectivos,
they agree to receive and admit convienen en recibir i sidmitir con-
consuls and vice-consuls in all the sules i vice-consules en todos los
ports open to foreign commerce, puertos abiertos al comercio estran-
wiho shall enjoy in them all the jero, quienes gozarin en ellos do
rights, prerogatives, and immunities todos los derechos, prerogativas, 6
of the consuls and vice-consuls of inmunidades de los consoles 6 vice-
the most favored nation; each con- consules de la nacion mas favoredi-
tracting party, however, remaining da, quedando sin embargo eada
at liberty to except those ports and una de las partes contratantes libre
places in which the admission and pars, esceptuar aquellos puertos i
residence of such consuls and vice- lugares en que Ia admision i resi-
consuls may not seem convenient. dencia de tales consoles i vice-eon-
sules no le parezea conveniente.

ARTICLE ARTICULO XXXII

In order that the consl and
vice-consuls of the two contracting
parties may enjoy the rights, im-
munities, and prerogatives which
belong to them by their public char-
acter, they shall, before entering
upon their functions, exhibit their
commission or patent in due form
to the government to which they
are accredited, and, having obtained
their exequatur, they shall be held
and considered as such by all the
authorities, magistrates, and inhab-
itants in the consular district in
which they reside.'
ARTICLE XXXIL
Pam que los consules i vice-con- Credentlak and
sules de las dos partes contratantes
puedan gazar de los derechos, pro-
rogativas, 6 intnunidades que les
pertenecen por su caracter pdblico,
ecsibirtin, iates do entrar en el
ejereicio de sus funciones, so comi-
sion 6 patente en debida forma, al
gobierno ante quien son acredita-
dos, i babiendo obtenido el exequatur,
serdn tenidos i considerados som6
tales, por todas las autoridades, ma-
jistrado, i hibitantes del distrito
consular en que residen.
ARTICULO XXXm.

It is also agreed that the consuls,
and officers and persons attached to
the consulate, they not being citizens
of the country in which the consul
resides, shall be exempted from all
kinds of imposts and contributions,
except those which they shall be
obliged to pay on account of their
commerce or property, to which the
citizens or inhabitants, native or for-
eign, of the country in which they
reside are subject, being, in every-
VOL. XL. TxATr.-131
Convfenen igualmente en que los lxemntions of
c6nsules, oficiales, i demas personas inimuh, s.
agregodas al consulado, no siendo
ciudadanos del pas en que reside
el consul, estartin esentos de todo
jinero de impuestos i contribucio-
nes, eseepto equellos que st6n ob-
ligados i pagar por razon de comer-
cio i de su propiedad, i A la quo
esitin sujetos los ctudadanos i otros
habitantes del pais en que residen,
estando ellos por lo demis sojetos

HeinOnline -- 12 Stat. 1019 1855-1863

 1020 TREATY WITH BOLIVIA.
thing besides, subject to the laws
of the respective states. The ar-
chives and papers of the consulate
shall be respected inviolably, and
under no pretext whatever shall
any magistrate seize, or in any way
interfere with'them.
ARTICLE XXXIV.
Duoutef fro The said consuls shall have pow-
vessels. .er to require the assistance of the
authorities of 1he country for the
arrest, detention, and cuhtody of de-
serters from the public and private
vessels of their country ; and for
that purpose they shall address
themselves to the courts, judges,
and *Ticers competent, and shall
demand the said deserters in. writ-
ing, proving by an exhibition of the
registers of the vessels' or ships'
roll, or other public documents, that
those men were part of the said
crews ; and on this demimd, so
proved, (saving, however, when the
contrary is proved.) the delivery
shall not be refused. Such desert-
era, when arrested, shall be put at
the disposal of said consuls, and
may be put in the public prisons,
at the requestand expense of those
who reclaim them, to be sent to the
ships to which they belonged, or to
others of the same nation; but if
they be not sent back within two
months, to be cdunted from the day
of their arrest, they shall be set at
liberty, and shall be no more ar-
rested for the same canme.
ARTIOLN XXXV.
Cenula e- For the purpose of more effec-
vention. tually protecting their commerce
and navigation, the two contract-
ing parties agree, as soon hereaf-
ter as circumstances will permit
them, to form a consular conven-
tion, which shall declare especially
the powers and immunities of the
consuls and vice-consuls of the
respective parties.
ARTIOLM XXXVL
The United States of America
and the Republic of Bolivia, desir-
ing to make as durable as eir-um-
HeinOnline -- 12 Stat. 1020 1855-1863
kY 1 185&"
la eyes de los respectivos esta.
as
dos. Los archives i papeles de los
consulados serin inviolablembnte re-
spetados, i bajo ningun pretesto se
apoderart ni intervendrik. en ellos
ningun mojistrado.
ARTICULO XXXIV.
Los dichos c6nsules tendri6n fa-
cultad para requerir el ausilio do
las autoridades del pals, pam e.
arresto, detencion, i custodia de los
desertores de los buques pliblics
i privados de su naion; i para el
efecto so dirjirin A los tribunales,
jueces, i autoridades competentes,
i pedirdn por eserito dichos deser.
tores, probando con la manifestacion
de los registros 6 roles de los buques,
6 con otros documentos ptiblicps, quo
aquelos hombres hacian parts do
dieha tripulacion; i probada asi 1a
demanda, no podri ser rehusada 1%
entrega, (salvo, no obstante euando
baya prueba en contrario.) Tales,
desertores, una vez arrestados, serin
puestos A disposioion de dichos c6n-
soles, i podran ponerse en las pri-
siones pdblicas, S instancia i costa
de los que los reolamen, par ser
eliviados 6,los buques Aque perte-
necian 6 Aotros de a misma nacion.
Pero, si no fueren enviado dentro
de dos moses, quo deben contarse
'desde el. dia de su arresto, serfn
puestos en libertad, i no volverin A
ser arrestadv por Is iiisma causa.
ARTICLO XXXV.
Con el fin de protejer mas efleaz-
mente su comercio i navegacion, las
dos artes contratantes convienen
por el presente, en formar, luego
que las circunstancias lo permitan,
una convencion consular que de-
clare especialmente las facultades
6 inmunidades de los c6nsules i
vice-c6nsules do las respectivas
partes.
ARTICULO XXXV
LA Repaiblica do Bolivia i los
Estados Unidos de Am6rica, dese-
ando baper tan duraderas como las
 TREATY WITH BOLIVIA. "T I8, 18W&0 lost
stances will permit the relations circunstancias Io permitan las rela-
which are established between the ciones que quedan establecidas entre
two parties by virtue of this treaty ]as dod pastes, por virtud de este
of peace, amity, commerce, and tratado de paz, amistad, comercio, i
navigation, declare solemnly and navegacion, han declarado solemne-
agree to the following points: - mente i convenien en los siguientes
puntos :-
1st. The present treaty shall re- V° . El presente tratado pexmane- Duration of this
main in full force and virtue for the cerb en plena fuerza i valor por el treaty.
term of ten years, to be counted termino de diez afros, que se conta-
from the day of the exchange of rn desde el dia del eanje do las
the ratifications, and further, until ratificaciones, i en adelante, hasta el
the end of one year after either of fin de un ailo despues.que una de
the contrapting parties shall have las partes haya notificado h Ia otra
given notice to the other of its su intencion de haerlo cesar; r*-
intention to terminate the same; servindose eada una de lIs partas
each of the contracting parties re- contratantes el derecho de hacer
serving to itself the rightof giving semejante notificacion A ]a otra, al
such notice to the other at the end fin de dicho termino de diez afios.
of said term of ten years; and it is Y se conviene adens entre las par-
agreed between them that, on the tea, que A li espiracion de un aflo
expiration of one year after such despuescue a notificacion haya sido
notice shall have been received by recibida per una do elias, este tra-
either from the other party, this tado, en todas sus partes re ativas
treaty, in all its parts relative to al comereio i navegacion, cesarh i
commerce and navigation, shall al. terminarh enteramente, i en todas
together cease and determine; and aquellas 'partes que dicen relacion
in all those parts which relate to i Ia paz i amistad, ser perpetuo i
peace and friendship, it shall be permanentemente obligatorio pars
perpetupt and permanend/y
.
binding 6.mbas potencias.
on both powers.
2d. If one or more of the citizens 2?. Si cualquiera 6 cualesquiera Inftnement
of either party shall infringe any of ciudadanos de una d otra parte of teatbiti-
the articles of this treaty, such cit-'quebrantaren alguno de los artiu-a.
izen shall be held personally respon- los del present tratado, dicho ciuda-
sible for the same, and harmony and dano 6 ciudadanos serhn. personal-
good correspondence between the mente responsables,'i Ia armonia i
two nations shall not be interrupted buena correspondencia entre las dos
thereby, each party engaging in no naciones no sern por eso intrrum-
way to protect the offender, or sanc- pidas, comprometiendose cada parte
tion such violation. h no protejer al ofensor 6 sancionar
tel violacion.
3 If,(what indeed cannot be ex- S8". Si, (1o que no es de esperar,)
.. 8d. of violationin
Proceeding
10 case
pected,) unfortunately, any of the dasgraciadamente alguno de. los - ay rtine.
articles contained in the present articulos contenidos en este tratado
treaty shall be violated, or infringed fudse violado 6 infrinjido de alguna
in any other mode whatever, it is otra manera, se estipula espresa-
expressly stipulated that neither bf mente qua ninguna de las partes
the contracting parties will order or contratantes ordenarA ni autorizart
authorize any act of reprisal, nor ningun acto de represhilia, ni decla-
declare war against the other, on rant guerra contra la otra, por quejas
complaints of injuries or damages, de agravioi 6 per icios, hasta que
until the said party considering it- la dicha parte que so considere ofen-
self offended shall have first pre- dida haya presentado , la otra una
sented to the other-& statement of representacion de tales injuries 6
such injuries or damages, verified by daflos, verificada por pruebas com-
competent profs, and demanded jus- petentes, i haysa demandado justicia,
tice, and the same shall have been i quo esta le haya sido rehusada 6
either refused or unremonably.de- retardada in razon.
layed.

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im TREATY WITH BOLIVIA.- M&T 18, 1858.
.
4th. Nothing in this treaty shall, Nada de lo contenido en este
4
conTrety not to
ctwith car- however, be construed or operate tratado se entender4 sin embargo,
tain existing
treaties, contrary to former and existing pub- capax de producir efectos contrarios
lic treaties with other sovereigns Atratados anteriores con otros es-
and states. tados 6 soberanos.
How to be rati- The present treaty of peace, ami- El presente tratado de paz, amis-
tied. ty, commerce, and navigation shall tad, comerci, i navegacion seri rati-
be ratified by the President of the fcado por el Presidente de la Re-
United States of America, by and pdblica de Bolivia con a aproba-
with the advice and consent of the cion del Congreso Nacional, i por
Senate thereof, and by the President el Presidente do los Estados Unidos
of the Republic of Bolivia, with the de Amdrica, con el dictamen i con-
approbation of the National Con- sentimiento del Senado de dichos
gress; and the ratifications shall be Estados; i las ratifllaciones serin
exchanged in the capital of the Re- canjeadas eh la capital de la Repdb.
public of Bolivia within eight lie de 'Bolivia dentro de ocho
months, to be counted from the date meses, que deberin contarse desde
of the ratification by both govern- la data de dichas ratificaeiones por
ments. ambos gobiernos.
In faith whereo, we,'the plenipo. En f6 de o cual, nos los pleni-
tentiaries of the United States of potenciarios de la Repdblica de Bo-
America and of the Republic of livia i de los Estados Unidos do
Bolivia, have signed and sealed Amdrica, h6mos firmado i sellado el
these presents. presente.
signatum Done in La. Paz, on the thir-
teenth (18th) day of May, in the Heeho en La Paz, el trece de
year of our Lord one thousand Mayo, del aflo del Sefilor de m'd-
eight hundred and fifty-eight, ocho clentos cincuenta i ocho.
(A. D. 1858.)
JOHN IV. DANA, LUCAS M. DE LA TAPIA,
LUCAS 31. DE LA TAPIA,
[L. 8.] JOHN W. DANA, R. ,k
Exchange of
ratifications, And whereas the said treaty, as amended, has been duly ratified on
November 9,
18132. both parts, and the respective ratifications of the same were exchanged at
La Paz, on the 9th o& November last, by David K. Cartter, Minister
Resident of the United States, and Sefior Don Manuel Josd Cortig, Min-
ister for Foreign Relations of Bolivia, on the part of their respective
governments, the time specified for that purpose by the thirty-sixth article
Proclaimed havjng been extended by the contracting parties.
Janary 8, 1W&3 Now, therefore, be it known that I, ABRAHAM LINCOLN, Presi-
dent of the United States of America, have caused the said treaty to be,
made public, to the end that the same, and every clause and article
thereof, may be observed and fulfilled with good faith by the United
States and the citizens thereof.
In witness whereof, I have hereunto set my hand, and caused the seal
of the United States to be affixed.
Done at the city of Washington, this eighth day of January,
[L s "1n the year of our Lord one thousand eight hundred and
L. " sixty-three, and of the Independenee of the United States
the eighty-seventh.
• ABRAHAM LINCOLN.
By the President:
WILLLU H. SEWAwD, &ecr,,a" of &ra.

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 TREATY WIT CHINA. JuNz 18.1858. im

Jl~atV of Peace, Amity, and C7ommerce, between the United State of

America and CMda. Cnl&ded at 2Tentsin, June 18, 1858; Rati-
fled tt!by Stater, December 21, 1858, and Proaimed by Use
Avidew of die United Se, IAaaw 26, 1860.
BY THE PRESIDENT OP THE UNITED STATES OF AMERICA:

A PROCLAMATION. Tn is,
WmzA&s aktreaty between. the United States of America and the Ta-
Tsing Empire was concluded and signed at Tientsin by their respective
plenipotentiaries, on the eighteenth day of June, 1858, which treaty is,
word for word, as follow.:
The United States of America and the Ta-Tsing Empire, desiring to contract
maintain firm, lasting, and sincere friendship, have resolved to renew, in Prtes
a manner clear and positive, by means of a treaty or geeral convention
of peace, amity, and commerce, the rules which shall in future be mutu-
ally observed in the intercourse of their respective countries; for which
most desirable object the President of, the United States and the august
sovereign of the Ta-Tsing Empire have named for their plenipotentiaries,
to wit: the President of the United States of America, William B. Reed, Negodats.
Envoy Extraordinary and Minister Plenipotentiary to China; and his
Majesty the Emperor of China, Kweiliang, a member of the Privy
Council and Superintendent of the Board of Punishments; and Hwa-
shana, President of the Board of Civil Office and Major General of the
Bordered Blue Banner Division of ihe Chinese Banner-men, both of
them being Imperial Commissioners and Plenipotentiaries; and the said
miniters, in virtue of the respective full powers they have received from
their governments, have agreed upon the following articles:
ARTICLE L There shall be, as there have always been, peace and Amity, &e.
friendship between the United States of America and the Ta-Tsing Em-
pire, and between their people, respectively. They shall not insult or op-
press each other for any trifling cause, so as to produce an estrangement
between them; and if any other nation should act unjustly or oppres-
sively, the United States will exert their good offices, on being informed
of the case, to bring about an amicable arrangement of the question, thus
showing their friendly feelings.
ARTIOL IL In order to perpetuate friendship, on the &xehange of _w t -.
7t,
ratifications by the President, with the advice and consent of the Senate b, kflt~,nere
of the United States, and by his Majesty the Emperor of China, this
treaty shall be kept and sacredly guarded in this way, viz.: The original.
treaty, as ratified by the President of the United States, shall be depos-
ited at Peking, the capital of his Majesty the Emperor of China, in charge
of the Privy Council; and, as ratified by his Majesty the Emperor of
China, shall be deposited at Washington, the capital of the United States,
in charge of the Secretary of State.
AiTiOLz IL In order that the people of the two cointries may know To be published
*nd obey the provisions of this treaty, the United States of Amerlca
%Tee, immediately on the exchange of ratifications, to proclaim the same
and to publish it by proclamation in the gazettes where the laws of the
United States of America are published by authority; and his Majesty the
Emperor of China, on the exchange of ratifications, agrees immediately

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1024 TREATY WITH HIONA. Sma 18, 1858
to direct the publication of the same at the capital and by the governors of
all the provinces.
Minister of the AaTxfzc IV. In order further to perpetuate friendship, the minister
Unt tae or commissioner, or the highest diplomatic representative of the United
the right to cor- ~tates of America in China, shall at all times have the right to correspond
repond, 8.,_ on terms of perfect equality and confidence with the officers of the Privy
Wit. zrtata ofe- Council at the capital, or with the governors general of the Two Kwangs,
the provinces of Fuhkien and Chehkiang or of the Two Kiangs; and
whenever he desires to have such correspondence with the Privy Council
at the capital he shall have the right to send it through either of the said
governors general or by the general post; and all such communications
shall be sent under seal, which shall be most carefully respected. The
Privy Council and governors general, as the case may be, shall in all
eases consider and acknowledge such communications promptly and
respectfully.
to -isit and ARTICLE V. The minister of the United States of America in China,
sojourn at the whenever le has business, shall have the right to visit and sojourn at the
capital, 8we. capital of his Majesty, the Emperor of China, and there confer with a
member of the Privy Council, or any other high officer of equal rank
deputed for that purpose, on matters of common interest and advantage.
to nlattons as His visits shall not exceed one in each year, and he shall complete his
business without unnecessary delay. He shall be allowed to go by land
or come to the mouth of the Peiho, into which he shall pot bring ships-of-
war, and he shall inform the authorities at that place in order that boats
may be provided for him to go on his journey. He is not to take ad-
vantage of this stipulation to request visits to the capital on trivial occa-
sions. Whenever he means to proceed to the capital he shall communi.
cate, in writing, his intention to the Board of Rites at the capital,
and thereupon the said board shall give the necessary directions to facili-
tate his journey and give him necessary protection and respect on his
way. On his arrival at the capital he shall be furnished with a suitable
residence prepared for him, and he shall defray his own expenses; and his
entire suite shall not exceed twenty persons,' exclusive of his Chinese
attendants, none of whom shall be engaged in trade.
to have the ARTICLE VI. If at any time his Majesty the Emperorof China shall,
same Privileges by treaty voluntarily made, or for any other reason, permit the represent-
as the represent. ative of any friendly nation to reside at his capital for a long or short
other ation, time, then, without any further consultation or express permission, the

representative of the United States in China shall have the same privi-
lege.
Terms of cor- ARTICLE VIL The superior authorities of the United States and of
respondence and China in corresponding together shall do so on terms of equality and In
oommusloaston. form of mutual communication, (chauhwui.) The consuls and the lcal N-

officers, civil and military, in corresponding together shall likewise employ

the style and form of mutual communication, (ekM awu.) When inferior
officers of the one government address superior officers of the other they
shall do so in the style and form of memorial, (shin chin.) Private
individuals, in addressing superior officers, shall employ the style of pedi-
tion, (pinching.) In no case shall any terms or style be used or suffered
which shall be offensive or disrespectful to either party. And it is
Presents not to agreed that no presents, under any pretext or form whatever, shall ever
be demanded. be demanded of the United States by China, or of China by the United
States.
Interviews, ART-LE VIII In all future personal intercourse between The repre-
when to be had. sentative of the United States of America and the governors general or
governors, the interviews shall be bad at the official residence of the said
officers or at their temporary residence, or at the residence of the repro-
sentative of the United States of America, whichever may be agreed
upon between them; nor shall they make any pretext for declining these

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 TREATY W1THC A.' i 18, '1858 1025
interviews. Current matters shall be discussed by correspondence, so as current=t-
not to give the trouble of a personal meeting. cused.
AnTICLU IM Whenever national vessels of the United- States of Provisions as to
America, in cruising along the coast and among the ports opened for trade national Tomb
for the protection of the commerce of their country or for the advance- of the United
States.
ment of science, shall arrive at or near any of the ports of China, com-
manders of said ships and the superior local authorities of government
shall, if it be necessary, hold intercourse on terms of equality and cour-
tesy, in token of the friendly relations of their respective nations; and
the said vessels shall enjoy all suitable facilities on the part of the Chinese
government in procuring provisions or other supplies and making neces-
sary repairs. And the shi United States of America
. .. agree. that in case of ",asto cPtures,
of American
the shipwreck of any American vessel, and its being pillaged by pirates, veeos be pl.
orin case any American vessel shall be pillaged or captured by pirates rates.
on the seas adjacent to the coast, without being shipwrecked, the national
vessels of the United States shall pursue the said pirates, and if captured
deliver them over for trial and punishment.
ARTICLE X. The United States of America shall have the right to Consuls, &e.,
appoint consuls and other commercial . ... agents for the protection of trade, ce -In plaes e at I
to reside at such places in the dominions of China as shall be agreed to china.
be opened; who shall hold official intercourse and correspondence with
the local officers'of the Chinese government, (a consul or vice-consul in
charge taking rank with an intendant of circuit or a prefect,) either per-
sonally or in writing, as occasions may require, on terms of equality and
reciprocal respect. And the consuls and local officers shall employ the
style of mutual communication. If the officers of either nation are dis- Rules of inter-
respectfully treated or aggrieved in any way by the other authorities, they course and cr-
have the right to make representation of the same to the superior officers respondence.
of the respective governments, who shall see that fall inquiry and strict
justice shall be had in the premises. And the said, consuls and agents
shall carefully- avoid all acts of offence to the officers and people of China.
On the arrival of a consul duly accredited at any port in China, it shall
be the duty of the minister of the United States to notify the same to the
governor general of the province where such port is, who shall forthwith
recognise the said consul and grant him authority to act.
AnTioLi XL. All citizens of the United States of America in China, Citizens ef the
peaceably attending to their aff-irs, being placed on a common footing of United States in
Chin to be pro-
amity and good will with subjects of China, shell receive and enjoy for teted In person
themselves and everything appertaining to them the protection of the and property.
local authorities of government, who shall defend them from all insult or
injury of any sort. If their dwellings or property be threatened or
attacked by mobs, incendiaries, or other violent or lawless persons, the
local officers, on requisition of the consul, shall immediately despatch a
military force to disperse the rioters, apprehend Jhe guilty individuals,
and punish them with the utmost rigor of the law. Subjects of China oiences by or
guilty of any criminal act towards citizens of the United States shall net how pun-
be punished by the Chinese authorities according to the laws of China; :ed.
and citizens of the United States, either on shore or in any merchant
vessel, who may insult trouble, or wound the persons or injue the prop-
erty of Chinese, or commit any other impropr act in China, shall be
punished only by the. consul or other public functionary thereto author-
ized, according to the laws of the United States. Arrests in order to
trial may be made by either the Chiinese or the United States athorities.
any RTICLEg X
of the ports Citizens
open of the United
to foreign 8tates,
commerce, residing
shall or sojourning
be permitted at houes&e.,
to rent MAY rent e
houses and places of business, or hire sites on which they can themselves hiMh ite and
build houses or hospitals, churches and cemeteries. The partie interested build thereo.
can fix the rent by mutual and equitable agreement ; the proprietors shall
not demand an exorbitant price, nor shall the local authorities interfere, un-

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 1026 TREATY WITH CHINA. Jui 18,1858.
less there be some objections offered on the part of the inhabitants respect-
ing the place. The legal fees to the officers for applying their seal shall be
egulatlons, paid. The citizens of the United States shall not unreasonably insist on
particular spots, but each party shall conduct with justice and moderation.
Any desecration of the cemeteries by natives of China shall be severe-
ly punished according to law. At the places where the ships of the
United States anchor, or their citizens reside, the merchants, seamen, or
others can freely pass and repass in the immediate neighborhood; but, in
order to the preservation of the public peace, they shall not go into the
country to the villages and marts to sell their goods unlawfully, in fraud
of the revenue.
Provisions as ARTIOLE XIII. If any vessel of the United States be wrecked or
to wrecked or
stranded vess, stranded on the coast of China, and be subjected to plunder or other
of tIe United damage, the proper officers of government, on receiving information
states. of the fact, shall immediately adopt measures for its relief and security;
the persons on board shall receive friendly treatment, and be enabled to
repair at once to the nearest port, and shall enjoy all failiies for obtain-
ast mehrobant ing supplies of provisions and water. If the merchant vessels of the
"
edby pr United States, while within the waters over which the Chinese govern-
ment exercises jurisdiction, be plundered by robbers or pirates, then the
Chinese local authorities, civil and military, on receiving information
thereol, shall arrest the said robbers or pirates, and punish them accord-
ing to law, and shall cause all the property which cn be recovered to
be restored to the owners or placed in the hands of the consul 14 by
reason of the extent of territory and numerous population of China, it
shall in any ease happen that the robbers cannot be apprehended, and the
property only in part recovered, the Chinese government shall not make
indemnity for the goods lost; but if it shall be proved that the local
authorities have been in collusion with the robbers, the same shall be
communicated to the superior authorities for memorializing the Throne,
and these officers shall be severely punished, and their property be con-
fiscated to repay the losses.
ARTioLz XIV. The citizens of the United States are permitted to fre-
Ports and cities quent the ports and cities of Canton and Chau-chau or Swatan, in the prov-
wercna of ince of Kwang-tung, Amoy, Fuh-ehau, and Tai-wan, in Formosa, in the
= rosie Nd province of Fuh-kien, Ningpo, in the province of Cheh-kiang, and Shang-
ha, in the province of Kiang-su, and any other port or place hereafter by
treaty with other powers or with the United States opened to commerce,
and to reside with their families and trade there, and to proceed at pleas-
ure with their vessels and merchandise from any of these ports to any
Plenalty for other of them. But sold vessels shall not carry on a clandestine and
eindeineirade. fraudulent trade at other ports of China not declared to be legal, or along
the coasts thereof; and any vessel under the American flag violating this
provision shall, with her cargo, be subject to confiscation to the Chinese
government; and any citizen of the United States who hall trade in any
contraband article of merchandise shall be subject to be dealt with by the
Chinese government, without being entitled to any countenance or protec-
tion from that of the United States; and the United States will take
measures to prevent their flag from being abused by the subjects of other
nations as a cover for the violation of the laws of the Empire.
tAde at such ARTiCLa XV. At each of the ports open to commerce, citizens of the
ports. United States shall be permitted to import from abroad, and sell, pur-
chase, and export all merchandise of which the importation or exportation
Tariff f duties is not prohibited by the laws of the Empire. The tariff of duties to be
paid by citizens of the United States, on the export and import of goods
from and into China, shall be the same as was agreed upon at the treaty
VoL vL p. s00. of Wanghia, except so far as it may be modified by treaties with other
nations, it being expressly agreed that citizens of the United States shall
never gay higher duties than those paid by the most favored nation.

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 TRP.EAY WITH clNA. F 18T8iis, 10'-
AnirCLn XVI. Tonnage duties shall be paid on every merchant Yes- Rate of ton.
Bel belonging to the United States entering either of the open ports at
the rate of four mace per ton of forty cubic feet, if she be over one hun-
dred and fifty tons burden, and one mace per ton of forty cubic feet, if
she be of the burden of one huvdred and fifty tons or under, according
to the tonnage specified in the register ; which, with her other papers,
shall, on her arrival, be lodged with the consul, who shall report the same
to the commissioner of eustoms. And if any vessel, having paid tonnage
duty at one port, shall go to any other port to complete the disposal of her
cargo, or, being in ballast, to purchase an entire, or fill up an incomplete,
cargo, the consul shall report the same to the commi .4oner of customs,
who shall note on the port clearance that the tonnage duties have been
paid, and report the circumstances to the collectors at the ether custom-
houses; in which case, the said vessel shall only pay duty on her cargo,
and not be charged with tonnage duty a second time. The collectors of Beacons and
customs at the open ports shall consult with the consuls about the erec- light-houses.
tion of beacons or light-houses, and where buoys and light-ships should be
placed.
ARTICLR XVII. Citizens of the United States shall be allowed to Pilot, smmen,
engage pilots to take their vessels into port, and, when the lawful duties servants,
have all been paid, take them out of port. It shall be lawful for them
,to hire at pleasure servants, compradores, linguists, writers, laborers,
seamen, and persons for whatever necessary service, with passage or
cargo boats, for a reasonable compensation, to be agreed upon by the
parties or determined by the consul.
ARTICLE XVUL Whenever merchant vessels of the Uqited States Port regula-
iall enter a port, the collector of customs shall, if he see fit, appoint chat veels. •
custom-house officers to guard said vessels, who may live on board the
ship or their own boats, at their convenience. The local authorities of D,,,,tOT, mu-
the Chinese government shall cause to be apprehended all mutineers or tineersandrim-
deserters from on board the vessels of the United States in China, on inals.
being informed by the consul, and will deliver them up to the consuls or
other officer for punishment. And if criminals, subjects of China, take
refuge in the houses or on board the vessels of citizens of the United
States, they shall not be harbored or concealed, but shall be delivered up
to justice on due requisition by the Chinese local officers, addressed to
those of the United States. The merchants, sdamen, and other citizens
of the United States shall be under the superintendence of the appro-
priate officers of their government. If individuals of either nation
commit acts of violence br disorder, use arms to the injury of others, or
create disturbances endangering life, the officers of the two governments
-will exert themselves to enforce order and to maintain the public peace,
by doing impartial justice in the premises.
ARTIoLE XIX. Whenever a merchant vessel belonging to the United Same subject.
States shall cast anchor in either of the said ports, the supercargo, master,
or consignee, shall, within forty-eight hours, deposit the ship's papers in
the hands of the consul or person charged with his functions, who shall
cause to be communicated to the superintendent of customs a true- report
of the name and tonnage of such vessel, the number of her crew, and the
nature of her cargo, which being done, he shall give a permit for her
discharge. And'the master, supercargo, or consigneeo if he proceed to Pageygorf
discharge the carg without such permit, shall incur a fine of five hundred chag a
dollars, and the goods so diseharged without permit shall be subject to Without P"mt
forfeiture to the Chinese government. But if a master of any vessel in
port desire to discharge a part only of the carg6, it shall be lawful for him
to do so, paying duty on such part only, and to proceed with the remainder
to any other ports. Or, if the master so desire, he may, within forty-
eight hours after the arrival of the vessel, but not, later, decide to depart
without breaking bulk. in which ease hshall not be subject to pay ton.
VOL. XI. TAT.--182

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 1028 TREATY WITH- CHINA- - hq 18 1858.
nage or other duties or charges until, on his arrival at another port, he
- shall proceed to discharge cargo, when he shall pay the duties on vessel
Toun duties and cargo, aecording to law. And the tonnage duties shall be held due
when dUe. after the expiration of the said forty-eight hours. In ease of the absence
of the consul or person charged with his functions, the captain or super-
cargo of the vessel may have recourse to the -consul of a .friendly power,
or, if he please, directly to the superintendent of customs, who shall do all
that is required to conduct the ship's business.
Provisions as to ATicLz XK. The superintendent of customs, in order to the collec.
collection of du- tion of the proper duties, shall, on application made to him through the
ties. consul, appoint suitable officers, who shall proceed,'in the presence of the
captain, supercargo, or consignee, to make a just and fair examination of
all goods in the act of being discharged for importation or laden for expor-
tation on bgard any merchant vessel of the United States. And if dis-
putes occur in regard to the value of goods subject to ad valorem duty, or
in regard to the amount of tare, and the same cannot be satisfactorily
arranged by the parties, the question may, within twenty-four hours, and
not afterwards, be referred to the said consul to adjust with the superin-
tendent of customs.
as to reftpor- ARuTOL- X.XL Citizens of the United States who may have imported
taton of mer- merchandise into any of-the free ports of China, and paid the duty thereon,
Ohudise. if they desire to retexport the same in part or in whole to any other of the,
said ports, shall be entitled to make application, through their consul, to
the superintendent of customs, who, in order to prevent fraud on the rev-
enue, shall cause examination to be made, by suitable officers, to see that
the duties paid on such goods as are entered on the custom-house books
correspond with the representation made, and that the goods remain with -

their original marks unchanged, and shall then make a memorandam in

the port clearance of the goods and the amount of duties paid on the same,
and deliver the same to the merchant, and shall also certify the facts to the
officers of -customs of the other ports; all which being done on the arrival
in portonof examination
the vessel inthere;
whichtothe goods are
found, correspond, sheladen,
shafl and everything
be permitted being
to break
bulk and land the said goods without being subject to the payment of any
additional duty thereon. But if on such examination, the superintendent
of customs shall detect any fraud on the revenue in the case, then the
goods shall be subject to forfeiture and confiscation to the Chinese govern-
of foreign rain ment. Foreign grain or rice brought into any prt of China in a ship of
or rice. the United States, and not lauded, may be redxported without hindrance.
Duties when ARTICLE X The tonnage duty on vessels of the United States
and how to be shall be paid on their being admitted to entry. Duties of import shall be
paid. paid on the discharge of the goods, and duties of export on the lading
of the same. When all such duties shall have been' paid, and not before,
the collector of customs shall give a port clearance, and the consul s
return the ship's papers. The duties shall be paid to the shrooFf author-
*land by the Chinese government to receive the same. Duties shall be
paid and received, either in syce silver orin
foreign money, at the rate of
Respoaiblty
of consul the day. If the consul permits a ship to leave the porttherefor..
and tonnage dues are paid, he shall be held responsible before the duties

Transshipment ARTICLZ XXIL Wien goods on board any merchant vessel of the
of goods. United States in prt require to be transshipped to another vessel, applica-
tion shall be made to the cobsul, who shall certify what is the occasion
therefor to the superintendent of customs, who may appoint officers to
examine into the facts and permit the transshipment. And if any goods
be transshipped without writen permits they shall be subject to be forfeited
to the Chinese government. II
Debe, how ARTIOCLr XXIV. Where there are debts due by subjects of Chin to
msybecolleOted. citizens of the United States, the latter may seek redress in law; and, on
suitable.representations being made to the local authorities, through the

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 TREATY WITH CHINA. Jiuw 18, 1858. 1029

consul, they will cause due examination in the premises, and take proper
steps to compel satisfacin And if citizens of the United States be in-
debted to subjects of China, the latter may seek redress by representation
through the consul, or by suit in the consular court; but neither govern-
ment will hold itself responsible for such debts.
ARTICLE XXV. It shall be lawful for the officers or citizens of the Scholars msy
United States to employ scholars and people of any part of China, with- books preedd
out distinction of persons, to teach any of the lagages of the empire, in hina.
and to assist in literary labors ; and the persons so employed shall not for
that cause be subject to any injury on the part either of the government
or of individuals; and it shall in like manner be lawful for citizens of the
United States to purchase all'mapner of books in China.
ARTICLE XXVI. Relations of peace and amity between the United Tradewith the
States and China being established by this treaty, and the vessels of the Uniote hindted
United States being admitted to trade freely to and from the ports of w between
China open to foreign commerce, it is further agreed that, in case at any China and other
time hereafter China should be at war with any foreign nation whatever, powes.
and should for that cause exclude such nation from entering her ports,
still the vessels of the United States shall not the less continue to pursue
their commerce in freedom and security, and to transport goods to and
from the ports of the belligerent powers, 6A retpect being paid tQ the
neutrality of the flag of the United States: provided, that the said flig
shall not protect vessels engaged in the transportation of officers or soldiers
in the enemy's set'vice, nor shall said flag be fraudulently used to enable
the enemy's ships, with their cargoes, to enter the ports of China; but all
such vessels so offending shall be subject to forfeiture and confiscation to
the Chinese government.
RTICLE XXVIL All questions in regard to rights, whether of prop- Jurisdiction of
erty or person, arising between citizens of the United States in Chins, en ee mi ) ntI,
shall be subject to the jurisdiction and regulated by the authorities of their
owit government; and all controversies occurring in China between citi-
zens of the United States and the subjects of any other government shall
be regulated by the treaties existing between tle United States and such
governments, respectively, without interference on the part of China.
ARTICLE9 XXVIIL If citizens of the United States have special ooe-
sion to address any conmmunication to the Chinese local officers of govern- 1e of the
ment, they shall submit the same to their consul or other officer, to deter- United States and
mine if the language be proper and respectful, and the matter just and Chineselocalom-
right, in which event he shall transmit the same to the appropriate author- c--
ities for their consideration and action in the premises. If subjects of
China have occasion to address the consul of the United States, they may
a ress him directly at the same time they inform their own officers, rep
-- fisenting the case fir his consideration and action in the premises; and if
controversies arise between citizens of the United States and subjects of outrovenstes
China, which cannot be lanicably settled otherwise, the same shall be ex- citizens Of
amined and decided comformably to justice and equity by the public offi- the United States
cers of the two nations, acting in conjunction. The extortion of illegal how to be settled.
fees is expressly prohibited. Any peaceable persons are allowed to enter
the court in order to interpret, lest injustice be done.
ASTICLE- XXI The principles of the Christian religion, as professed Toleration of
by the Protestant and Roman Catholic churches, are recognised as teach- .
Ing men to do good, and to do to others as they would have others do to
them. Hereafter those who quietly profess and teach these doctrines shall
not be harassed or persecuted on account of their faith. .Any person,
whether citizen of the United States or Chinese convert, who, according
to these tenets, peaceably teach and practice the principles of Christianity,
shall in no case be interfered with or molested.
A3TICLE XXX. The contracting parties hereby agree that should at United States
any time the Ta-Tsing Empire grant to any nation, or the merchants or to have the privi-

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 1#SO.TREATY WZTH dMIA. 7m 18, 1858.
clio the most citizens of any nation, any right, privilege, or favor, connected either with
navigation, commerce, political or other intercourse, which is not conferred
by this treaty, such right, privileg6, and favor shall at once freely enure
to the benefit of the United States, its public officers, merchants, and cit.
izen,.
Provt8=os 89 The present treaty of peace, amity, and commerce shall be ratified by
toratification. the President of the United States, by and with the advice and consent
of the Senate, within one year, or sooner, if possible, and by the august
Sovereign of the Ta-Taing Empire forthwith; and the ratificatipns shall
be exchanged within one year from the date of the signatures thereof.
In faith whereof, we, the respective plenipotentiaries of the United
States of America and of the Ta-Tsing Empire, as aforesaid, have signed
and sealed these presents.
Siag e Done at Tientsin this eighteenth day of June, in the year of our Lord
one thousand eight hundred and fifty-eight, and the independence of the
United States of America the eighty-second, and in the eighth year of
Hienfung, fifth month, and eighth day.
WILLIAM B. REED,[L )
KWEILIANG, [ . s.J
HWASHANA.

Ratifcation And whereas the said treaty has been duly ratified on both parts, and
the respective ratifications of the same have been exchanged:
pnrlmano, Now, therefore, be it known that I, JAMES BUCHANAN, President
Jausry8 tu. of the United States of America, have caused the said treaty to be made
public, to the end that the same, and every clause and article thereof, rsy.- -
be observed and fulfilled with good faith by the United States and the cit-
izens thereof.
In witness whereof, I have hereunto set my hand and caused the Vel
of the United States to be affixed.
Done at the City of Washington, this twenty-sixth day of Jan-
uary, in the year of our Lord one thousand eight hundred and
[L. e.] sixty, and of the independence of the United States the
eighty-fourth.
JAMES BUCHANAN.
By the President:
LEWIS CAss, &ca"lof &at&.

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TREATY WITH THE MENIDAWAXATN . SIOUX, JrN 19t,185& 1081

2Veaty between do United Slate and Me Mnda uakqnton and

Wakpakoota .Bands of Dakota or Sioux flWbe of Lndians. Oon-
eluded at Washington, Tne 19, 1858. Raified /the Senate March
9, 1859. Proclaimed &j the Preuide* of the MAited Sat., March
81, 1859.

'JAMES BUCHANAN,
PRESIDENT OF THE UNITED STATES OF AMERICA,
TO ALL AND SWINGULA TO WHOM TR3SU PRESENT8 SHALL COM, GRBETING: JUne 19, ISS.

Wirza.s, a treaty was made and concluded at the city of Washing- Preamble.
ton, on the nineteenth day of June, one thousand eight hundred and fifty-.
eight, by Charles E. Mix, commissioner on the part of the United States,
and the following named chiefs and headmen of the Meudawakanton and
Wahpakoota bands of the Dakota or Sioux tribe of Indians, viz.: Waba-
shaw, Chetanakooamonee, Wasuhiyahidan, Shakopee, Wamindeetonkee,
Muzzaojanjan, Tachunrpeemuz-za, Wakinyantowa, Chunrpiyuha, On-
keeterhidan, and Wamouisa, braves, on the part of the Mendawakantons,
and Hushawshaw chiefs, and Papa and Tataebomdu, braves, on the part
of the Wahpakootas, they being duly anthorized and empowered to act
for said bands; which treaty is in the words and figures following, to
wit:
Articles of agreement and convention made and concluded at the city cathcig
of Washington, on the nineteenth day Qf June, one thousand eight hundred parties.
and fifty-eight, by Charles E. Mix, commissioner, on the part of the
United States, and the following named chiefs and headmen of the
Mendawakanton and Wahpakoota bands of the Dakota or Sioux tribe of
Indians, viz.: Wabashaw, Chetanakooamonee, Washuhiyahidan, Shakopee
Wamindeetonkee, Muzaojanjan, and Makawto, chiefs, and Hinhanduta,
Ha-raka-Muzza, Wakanojanjan, Tachunrpee-muz-za, Wakinyantowa,
Chunrpiyuha, Onkeeterhidan, and Wa-mouisa, braves, on the part of the
Mendawakantons, and Hushawshaw, chief, and Pg-Pa and Tataebomdu,
braves, on the part of the Wahpakootas, they being duly authorized and
empowered to act for said bands.
ARTICLE L It is hereby agreed and stipulated that, as soon as practi- s0 acres of res.
cable after the ratification of this agreement, so much of that part of the emton to be
allotted to each
reservation or tract of land now held and possessed by the Mendawakan- head of a &mily
ton and Wahpakoota bands of the Dakota or Sioux Indians, and which is or, &.
described in the third article of the treaty made with them on the fifth VoL x. p.95.
day of August, one thousand eight hundred and fifty.one, which lies south
or southwestwardly of the Minnesota River, shall constitute a reservation
for said bands, and shall be surveyed, and eighty acres thereof, as near as
may be in conformity with the public surveys, be allotted in severalty to
each head of a family, or single person over the age of twenty-one years,
in said bands of Indians,said allotments to be so made as to include a prop-
er proportion of timbered land, if the same be prcticble, in each of said
allotments. The residue of said part of said reservation not so allotted, Residue to be
shall be held by said bands in common, and as other Indian lands are held in common.
held: Provided Aoueer, That eighty acres thereof, as near as may be, Furoe An-
shall, in like manneronashisabove
or herprovided
attainingfor,their
be allotted
majority,tooreach of the me...
on becom-.
minors of said bands

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1032 TREATYWITH THE MENDAWAKANTO1N, &c. SIOUX. Juxn 19,145S.
ing heads of families by contracting marriage, if neither of the parties
shall have previously received land.
Expenses of All the necessary expenses of the surveys, and allotments thus pro-
survey and allot- vided for, shall be defrayed out of the funds of said bands of Indians in
mentshowborne. the hands of th§ government of the United States.
Patents to issue As the members of said bands become capable of managing their
to them for said business and affairs, the President of the United States may, at his disme-
land. tion, cause patents to be issued to them, for the tracts of land allotted to
them respectively, in conformity with this article; said tracts to be
Lands to be exempt from levy, taxation, sale or forfeiture, until otherwise provided
exempt&o.
taxes from for by the legislature of the State in which they are situated with the
and not to be asnt of Congress; nor shall they be sold or alienated in fee, or be in
alienated except, any other manner disposed 4f except to the United States, or to members
5o. of said bands.
Preamble. AuTICLB Ir. Whereas by the, treaty with the Mendawakanton and
Provisions of Wahpakoota bands of Sioux Indians, concluded at Mendota on the fifth
tr tY of August day of August 6ne thousand eight hundred and fifty-one, said bands
5th, 186, retained for their "future occupancy and home," "to be held by them as
VoL x. P . Indian lands are held, a tract of country of the average width of ten
miles on either side of the Minnesota River," extending om Little Rock
River to the Tchatamba and Yellow Medicine Rivers, which land was to
"be held by said bands in common."
Amended by And whereas the Senate of the United States so amended said treaty
the Senate. as to strike therefrom the prevision setting apart said land as a home for
said band, and made provision for the payment to said bands "at the rate
of ten cents per acre for the lands included in the" said tract so reserved
Vol. x. p.9 5. and set apart for the "oc c upancy and home" of said bands, and alvo.
provided in addition thereto, that there should be "set apart, by appro-
priate landmarks and boundaries, such tracts of country without the limits
of the cession mide by the first article of the" said treaty as should "be
satisfactory for their future occupancy and home," said Senate amend-
ment providing also "that the President may, with the consent of'
these Indians, vary the conditions aforesaid, if deemed expedient;"
all of which provisions in said amendment were assented to by said
Indians.
And whereas the President so far varied the conditions of said Senate
amendment, as to permit said bands to locate for the time being, upon the
tract originally reserved by said bands for a home, and no "tracts of
country without the limits of the cession" made in the said treaty has
fhavel ever been provided for, or offered to, said bands:
Act of 1864, And whereas by the "act making appropriations for the current and
oh. 16'. Vol. x. contingent expenses of the Indian department and for fulfilling treaty.
P. 826. stipulations with various Indian tribes," approved July 31, 1854, the
Preside'nt was authorized to confirm to the Sioux of Minnesota forever,
the reserve on the Minnesota River now occupied by them, upon such
conditions as he may deem just:
And whereas, although the President has not directly confirmed said
reserve to said Indians, they claim that as they were entitled to receive
"such tracts of country" as should "be satisfactory for their future occu-
pancy and home," and as no such country has been provided for, or
offered to, said bands, i# is agreed and stipulated that the question shall
Question of be submitted to the Senate for decision whether they have such title; and
title of the bands if they have, what compensation shall be made to them for that part of
to certain
to be lands said reservation or tract of land lying on the north side of the Minnesota
submitted
to the Senate, River - whether they shall be allowed a specific sum of money therefor,
and what allow-
an.e to be made and if so, how much; or whether the same shall be sold for their benefit,
if decision is in they to receive the proceeds of such sale, deducting the necessary
their favor. expenses incident thereto. Such sale, if decided in favor of by the
Senate,. shall be made under- and according to regulations to be pre-

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TREATY WITH THE MBNDAWA 18 0,1080
All.ON, &o. SIOUX. Jima 1%9
scaibed by the Secretary of the Interior, and in such manner as will
secure to them the largest sum it may be practicable to obtain for said
land.
ARTicLis III. It is also agreed&that if the Senate shall authorize the From Proceeds
land designated in article two of this agreement to be sold for the benefit of 8s.1 not over
of the said Mendawakanton and Wahpakoota bands, or shall prescribe Pal hlesand
an amount to be paid said bands for their interest in said tract, pro- hadmen.
vision shall be made by which the chiefs and headmen of said bands
may, in their discretion, in open council authorize to be paid out of the
proceeds of mid tract, such sum or sums as may be found necessary and
proper, not exceeding seventy thousand dollars, to satisfy their just debts
and obligations, and to provide goods to be taken by said chiefs and head-
men to the said bands upon their return: Proided/oweer, That their said Proviso
determinations Mhli be approved by the superintendent of Indian afirs
for the northern superintendency fthe he time being, and the said pay-
ments be authorized by the Secretary of the Interior.
A ICLEIV. The lands retained and to be held by the members of Lan& retained
the Mendawakanton and Wahpakoota bands of the Dakota or Sioux under the firt
Indians, under and by virtue of the first article of this agreement, shall, deemed an In-
to all intents and purposes whatever, be deemed and held to be an Indian an reservation.
reservation; and the laws which have been, or may hereafter be enacted
by Congress, to regulate trade and intercourse with the Indian tribes, shall
have full force and effect over and within the limits of the same; and no
person other than the members of the said bands, to be ascertained and
defined under such regulations as the Secretary of the- Interior shall
prescribe, unless such as may be duly licensed to trade with said bands,
or employed for their benefit, or members of the family of such persons,
be permitted to reside or make any settlement upon any part of said
1al
reservation ; and the timbered land allotted to individuals, and also that
reserved for subsequent distribution as provided in the first article of this
agreement, shall be free from all trespass, use, or occupation, except as
hereinafter provided.
ARTICLE V. The United States shal have the right to establish and United States
maintain upon said reservation such military posts, agencies, schools, mills, m ai.-mintatn
Posts,
shops, roads, and agricultural or mechanical improvements, as may be mlitary
deemed necessary, but no greater quantity of land or timber shall be reservation.
taken and used for said purposes than shall he actually requisite therefor.
And if in the establishment or maintenance of such posts, agencies, rods Comenaton
or other improvements the timber or other property of any individual'da,,r caused
Indian shall be taken, injured, or destroyed, just and adequate compen- thery to any
sation shall be made therefor by the United States. Roads or highways n
authorized by competent authority other than the United States, the lines
of which shall lie through said reservation, shall have the right of way
through the same, upon the fair and just value of such right being paid
to the said Mendawakabton and Wahpakoota bands by the party
or parties authorizing or interested in the same, to be assessed
and determined in such manner as the Secretary of the Interior shall
direct.
AavmIczm VI. The Mendawakanton and Wakpaloota bands of Dakota The bands to
or Sioux Indians acknowledge their dependence on the government of the Prow" friendly
United States, and. do hereby pledge and bind themselves to preserve remors.
friendly relations with the citizens thereof, and to commit no injuries or
depredations on their persons or property, nor on those of the members
Of any other tribe; bat in case of any such injury or depredation, full dpre flo.
compensation shall, as far as practicable be made therefor out of their
moneys in the hands of the United States; the amount in all cases to be
determined by the Secretary of the Interior. They further pledge them- not to engage
.selves not to engage in hostilities with the Indians of any other tribe In hostilities un-
unless in self-defence, but to submit, through their agent, all matters of loos "

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 1084 TREATY WITH THE MENDAWAKANTON, &o. SIOUX. JiNE 19,1858.
dispute and difficulty between themselves and other Indians, for the deci-
sion of the President of the United States, and to acquiesce in and abide
Bads to ur- thereby. They also agree to deliver to the proper officers all persons
nuds' efea*es, belonging to their said bands who may becom, offenders against the
treaties, laws, or regulations of the United States, or the laws of the
State of Minnesota, and to assist in discovering, pursuing, and capturing
all such offenders whenever required so to do by such officers, through
the agent or other proper officer of the Indian department.
Annuities to AinMCLK VII. To aid in preventing the evils of intemperance, it is
ithhedrinkingf hereby stipulated that if any of the members of the said Mendawakanton
&c., intoxicating and Wahpakoota bands of Sioux Indians shall drink, or procure for
liquors, others, intoxicating liquors, their proportion of the annuities of said bands
shall, at the discretion of the Secretary of the Interior, be withheld from
them for the period of at least one year; and for a violation of any of
the stipulations of this agreement on the part of any members of said
bands, the persons so offending shall be liable to have their annuities
withheld and to be subject to such other punishment as the Secretary of
the Interior may prescribe.
Secretary of ARTICLE VIII. Such of the stipulations of former treaties as provided
Interior to hve or the payment of particular sums of money to the said Mendawakanton
discretion over o a.c~r mnyt .esi
manner and ob- and Wahpakoota bands, or for the application or expenditure of specific
jeets of annual amounts for particular objects or purposes, shall be, and hereby are, so
expenditure, amended and changed as to invest the Secretary of the Interior with
discretionary power in regard to the manner and objects of the annual
expenditure of all such sums or amounts which have accrued and are now
due to said bands, together with the amount the said bands shall become
annually entitled to under and by virtue of the provisions of this agree-
ment: Provided The said sums or amounts shall be expended for the
benefit of said bands at such time or times and in such manner as the
said Secretary shall deem best calculated to promote their interests, wel-
fare, and advance in civilization. And it is further agreed, that such
change may be made in the stipulations of former treaties which provide
for the payment of particular sums for specified purposes, as to permit
the chiefs and braves of said bands or any of the subdivisions of
said bands, with the sanction of the Secretary of the Interior, to
authorize such payment or expenditures of their annuities, or any por-
tion thereof, which are to become due hereafter, as may be deemed best
for the general interests and welfare of the said bands or subdivisions
thereof.
Senate to de- ATiOL. IX. As the Senate struck from the treaty with the Menda.
cide whether wakanton band of Sioux of the twenty-ninth day of'September, one thou-
io00o sA J. sand eight hundred and thirty-seven, the ninth clause of the second
c to A. J article and the whole of the third article of said treaty, which provided
Vo.viL pp. for -the payment of 'four hundred and fifty (450) dollars annually, for
688, No. twenty years, to Scott Campbell, and confirmed to the said Scott CAMp-
bell a title to five hundred (500) acres of land which he then occupied,
said payment and land being deemed by said Indians to for" a part of
the consideration for which they ceded to the United States a certain
tract of land in said treaty specified, which reduction, in the consideration
for said land, has never been sanctioned by said Indians, the said Menda-
wakantons and Wahpakoota bands now request that provision be made for
the payment of the sum of ten thousand (10,000) dollars to A. J. Camp-
bell, the son of said Scott Campbell, now deceased, in full consllertion
of the money stipulated to be paid and land confirmed to said Scott
Campbell in the original draft of said treaty aforesaid; which subject is
hereby submitted to the Senate for its favorable consideration.
United States ANTIOLD X. The expenses attending the negotiation of this agreement
of Imy "Im shall be defrayed by the United States.

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TREATY WITH THE MENDAWAXANTO)1, &o. SIOUX. JUNE 19,1858. 1085
In testimony whereof, the said Charles R. M Commissioner, as afore- Sntures,
said, and the undersigned chiefs and headmen of the said Mendawa- IS,
kanton and Walipakoota bands, have hereunto set their hands and seals at
the place and on the day first above written.
CHARLES E. MIX, Cbmmisioner, [L. s.]

WA-BASH-AW, his x mark. [I. 8.)

CHE-TAN-A-KOO-A-MO-NEE, Orow,)
(Little
his x mark. [LS1
WA-SU-HI-YA-HI-DAN, his x mark.
SHA-KO-PEE, (Six,) his x mark.
WA-MIN-DEE-TON-KEE, (Large War Eagl ) r .
huis x mark. L..
MUZ-ZA-O-JAN-JAN, (Iron Light,) his x mark. "L.8"
MA-KAW-TO, (Blue Earth,) his x mark. ..a.
HU-SHAW-SHAW, (Red Legs,) his x mark. . .
HIN-HAN-DU-TA, (Scarlet Owl,) his x mark. L..
HA-RAKA-MUZ-ZA, (Iron Elk,) his x mark. 'L. U.
WU-KA-NO-JAN-JAN, (Medicine Light,) his x mark. 'L. s.
TA-CHUNB-PEE-MUZZA, (His Iron War Club,)
his x mark. "L.s.'
WA-KIN-YAN-TO-WA, (Owns the Thunder,) his x mark. "L.6.
CHUNR-PI-YOU-HA, (Has a War Club,) his x mark. L. 8.
ON-KEE-TER-HI-DAN, (Little Whale,) his x mark.' 'L. 8.
WA-MO-U-I-SA, (The Thief,) his x mark. "L.s.'
PA-PA, (Sharp,) his x mark. L. 5.
TA-TA-I-BOM-DU, (Scattering Wind,) his x mark. L. B.

Signed, sealed and delivered in presence of-

JoswEr R. BROW, oitux Aget,
A. J. CAMPBELL, .&*Bptd?,
N. R. BRowN,
A. ROBEETSON,
JomN DowLING,
JAxus R. Rocw,
B. D. HTAu,
H. J. Kym13:,
Taos. A. RozmaTSOzN,
FE. ScmmT.

And whereas the said treaty having been submitted to the Senate of Omot of
the United States for its constitutional action thereon, the Senate did, on
the ninth day of March, one thousand eight hundred and fifty-nine, advise
ind consent to the ratification of the same by a resolution in the words
and figures following, to wit:
"IN EXEovTr1V SEsSIoN,
NSsxAm Ow THE UNrrD STATES, March 9, 1859.
"leo (two thirds of the senators present concurring,) That the
Senate advise and consent to the ratification of the articles of agreement
and convention made and concluded on the 19th day of June, 1858, with
the Mendawakanton and Wahpakoota bands of the Dakota or Sioux
Indians.
"Attest: "ASBURY DICKINS, cretw

Now, therefore, be it known that I, JAW S BUCHANAN, President ProclmatioN

of the United States of America, do, in pursuance of the advice and con- ,15.
1h
sent of the Senate, as expressed in their resolution of March the ninth,
one thousand eight hundred and fifty-nine, acept, ratify, and confirm said
vsty.
YoL. XnI. TREAT.-188

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loss TREA wrTiEmmiwAxATT, to. Simu zmti 19, li4
In testimony whereof, I have cinsed the seil of the United States to be
hereto aflixed, having signed the same with my hand.
Done at the city of Washington, this thirty-first day of Marsh,
in the year of our Lord one thousand eight hundred and
['BAL.] My-nine, and of the indepeidence of the United States the
eight.ythird. JAIMS BUCHANAN.
By the President:
Lswres CAs, &a" of Stot

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TREA' WITH THE SISBTON, &a, SioUx. "rXI9E .I8 1087

2lwat ~
&ewsth ~i &ei an~ d the Aseelois and Wakpaon Band.
Ud
of heDaktaorSioux flWhe of Imdiat.. Conclded at Washinsgton,
Ji-. 19, 1858..atified by Ih Senate, March 9, 1859. Pocaied
bythe Preuident of te United Ses, .March 81, 1859.

JAMES BUCHANAN,
PRESIDENT OF THE UNITED STATES OF AMERICA,

TO ALM AND SINGULAR TO WHOM TNKSZ PR=zsm $HALL 0OZ, GRETING: June 19,1858.

Wmmzuh a treaty was made and concluded, at the cty of Washing- Premnble.
ton, on the nineteenth day of June, one thousand eight hundred and fifty-
eight, by Charles . Mix, Commissioner on the part of the United States,
and the following named chiefs and headmen of the Siseeton and Wabpa-
ton bands of the Dakota or Sioux tribe of Indians, viz.: Maz-zah-shaw,
Wamdupidutah, Ojupi, and HahutanaL, on the part of the Sisseetons, and
Maz-zomauee, Muz-zakoote-manee, Upiyahideyaw, Umpedutokeehaw, and
Tachandupahotanka, on the part of the Wahpatons, they being duly au-
thorized and empowered to act for said bands, which treaty is in the
words and figures following, to wit:
Articles of agreement and convention made and concluded at the city Contraetu
of Washington, on the nineteenth day of June, one thousand eight hun- parties.
dred and ffty-eight, by Charles E. Mix, Commissioner on the part of the
United States, and the following named chiefs and headmen of the Sissee-
ton and Wahpaton bands of the Dakota or Sioux tribe of Indians, viz.:
Maz-zah-shaw, Wamdupidutah, Ojupi, and Hahutanai, on the part of the
Sisseetons, and Maz-zomanee, Muz-zakoote-manee, Upiyahideyaw, Um-
pedutokechaw, and Tachandupabotanka, on the part of the Wahpatons,
they being duly authorized and empowered to act for said bands.
ATrIC~z L It is hereby agreed and stipulated that, as soon as practi- 80 acres ofre-
rvatin to be
cable after the ratification of this agreement, so much of that part of the allotted each
reservation or tract of land now held and possessed by the Sisseeton and head of a family
Wahpaton bands of the Dakota or Sioux Indians, and which is described or, &e.
in the third article of the treaty made with them on the twenty-third day VoL x. p.901
of July, one thousand eight hundred and fifty-one, which lies south or
southwestwardly of the Minnesota River, shall constitute a reservation for
safd bands, and shall be surveyed, and eighty acres thereof, as near as
may be in conformity with the public surveys, be allotted in severalty to
each head of a family or single person over the age of twenty-one years,
in said bands of Indians; said allotments to be so made as to include a
proper proportion of timbered land, if the same be practicable, in each of
said allotments. The residue of said part of said reservation not so Residue to be
allotted shall be held by said bands in common, and as other Indian lands held in comm.
are held: Provided, however, That eighty acres thereof, as near as may
be, shall in like manner, as above provided for, be allotted to each of the Jrtheralot-
minors of said bands on his or her attaining their majority, or on becom-me.
ing heads of families, by contracting marriage, if neither of the parties
shall have previously reeeived land. All the necessary expenses of the ExPOdS"Of
surveys and allotments thus provided for shall be defrayed out of the ?vea how
funds of said bands of Indians in the hands of the government of the borne.
United States.
As the members of said bands become capable of managing their busi- Patets to Is'
ness and aftairs, the President of the United States may at his discretion said lands.

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108, TREATY WITH THE SISSEETON, &a.) SIOUX. Jmw 19, 185&
Lad.- tO.be cause patents to be issued to them for the tracts of land allotted to' them
:==!=fto respectively, in conformity with this article; said tracts to be exempt
be sluenated, ex-from levy, taxation, sale, or forfeiture, until otherwise provided for by the
sept, Ue. legislature of the State in which they are situated, with the assent of
Congress; nor shall they be sold or alienated in fee, or be in any other
manner disposed of, except to the United States or to members of said
bands.
Preamble. ARTICLE IM Whereas, by the treaty with the Sisseeton and Wahpaton
Provisions of bands of Sioux Indians, concluded at Traverse des Sioux on the twenty-
treaty of July third day of July, one thousand eight hundred and fifty-one, said bands
1li 1861. retained for their "future occupancy and home," "to be held by them as
Vot x. p. 949. Indian lands are held, all that tract of country on the Minnesota River,
from the western boundary" of the cession therein made "east to the
Tcha-tam-ba River on the north, and to the Yellow Medicine River on the
south side, to extend on each side a distance of not less than ten miles from,
the general course of said Minnesota River;"
Amended by And whereas the Senate of the United States.so amended said treaty as
the Semate. to strike therefrom the provision setting apart the said land as a home for
Vol. p, 96. said bands, and made provision for the payment to said bands, "at the rate
of ten cents per acre, for the land included in the said-tract so retained
and set apart for the occupancy and home" of said bands, and also pro-
vided, in addition thereto, that there should be "set apart by appropriate
landmarks and boundaries such tracts of country without the limits of
the cession made by the first article of the said treaty as shall be satisfao-
tory for their future occupancy and home;" said Senate amendment pro-
viding also "that the President may, with the consent of these Indians,
vary the conditions aforesaid, if deemed expedient;" all of which proyi-.,
ions in said amendment were assented to by said Indians;
And whereas the President so far varied the conditions of said Senate
amendment as to permit said bands to locate for the time being upon the.
tract originally reserved by said bands for a home, and "no tract of coun-
try, without the limits of the cession" made in .the said treaty, has ever
been provided for or offered to said bands ;
Provillonsof And whereas, by the act making appropriations for the current and
act of 1864, oh. Contingent expenses of the Indian Department, and for fulfilling treaty
161. stipulations with various Indian tribes, approved July 81, l854, the Pres-
VoL x. p. ident was authorized to confirm to the Sioux of Minnesota, forever, the
reserve on the Minnesota River now occupied by them, upon such condi-
tions as he may deem just ;" -
And whereas, although the President has not directly confirmed said.
reserve to said Indians, they claim that, as they were entitled to receive
"such tractm of country" as should "be satisfactory for their future occu-
pancy and home," and as no other country than this reservation was ever
provided for or offered to them, and as valuable improvements have been
made on said reservation with the moneys belonging to said band it is
agreed and stipulated that the question shall be submitted to the Senate
Question of for decision whether they have such title, and if they have, what compen-
title or the bands sation shall be made to them for that part of said reservation or tract of
to bersubi land lying on the north side of the Minnesota River; whether they shall
to the Senateand be allowed a specific sum of money therefor, Vnd if so, how much; or
what allowanc1 whether the same shall be sold for their benefit, they to receive the pro.
is to be madeWw
t.e do. do1, 1, ceeds of such sale, deducting the necessary expenses incident thereto.
their favor. Such sale, if decided in favor of by the Senate, shall be made under and
according to regulations to be prescribed by the Secretary of the Interior,
and in such manner as will secure to them the largest sum it may be prac-
ticable to obtain for said land.
F- ma roceed ARTICLE IIL It is also agreed that if the Senate shall authorize the
of sale, not over land designated in article two of this agreement to be sold for the benefit
$70,000 to be of the said Siweeton and Wahpaton bands, or shall prescribe an amount

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TREATY WITH THE SISSEETON &O., SIOUX.' Jui 19,1858. 1689
to be paid'to said bands for their interest in said tract, provision shall be daf
.nade by which the chiefs and headmen of said bands may, in their dise
cretion, in open council, authorize to be paid out of the proceeds of said
tract such sum or sums as may be found necessary and proper, not ex-
ceeding seventy thousand dollars, to satisfy their just debts and obligations,
and to provide goods to be taken by said chiefs and headmen to the said
bands on their return: Provided, however, That their said determinations Proviso.
shall be approved by the superintendent of Indian affairs for the northern
superintendency for the time being and the said payments be authorized
by AxrxciL
the Secretary of thelands
IV. The Interior.
retained and to be held by the members of the Lads retained
Siseeon ndWshpaton bands of Dakota or Sioux Indians, under and by under the lint
Sissetonandarticle to be
virtue of the first article of this agreement, shall, to all intents and pur- deemed
poses whatever be deemed and held to be an Indian reservation, and the dlan reetion. an I-
laws which have been or may hereafter be enacted by Congress to regu-
late trade and intercourse with the Indiantribes, shall have full force and
effect over and within the limits of the same; and no person other than
the-members of said bands, to be ascertained and defined under such reg-
ulations as the Secretary of the Interior shall prescribe-unless such as
may be duly lcensd to trade with said bands, or employed for then"ben-
efit, or members of the family of such persons--sal be permitted to
reside or make any settlement upon any part of said reservation; and the
timbered land allotted to individuals, and also that reserved for subsequent
distribution, as provided in the first article of this agreement, shall be free
from all trespass, use or occupation, except as hereinafter provided.
ARtThCm
mlaitiuon V. The
sai United States
eresevto shall have
uhmltary the
o pfteItr right to establish
ts aeds-ml and United Sttes
such mals
shops,
deemedroads, and agricultural or mechanical
necessary; but no greater quantity ofimprovements as may be road, i.., In
land or timber shall ber val .
taken and eed for said purposes than shall be actually requisite theoer.
And if in the establishment or maintenance of such posts, agencies, roas, oOmeftlot 1
or other improvements,t e timber or other property of any individual daaeaused
Indian shall be taken, injured, or destre ut an a adequate fompensa-
thery to any
tion shall be made therefor by the United States.r oads vd. or hghwap
authorized by competent anthority other than the United States, the lines
of which shall lie through said reservation, shall have the right of" way
through the same upon the fair and just value of such right being paid to
the said Sisseeton and Wahpaton hands by the party or parties athor-
iing or interested in the same, to be assessd and determined in such
manner as the Secretary of the Interior shall direct
AanCl VL The Sisseeton and Wahpaton bands of Dakota or Sioux The band to
Indians acknowledge their dependence on the S government
s Rwndly of the United
States, and do hereby pledge and bind themselves to ptaerve endlyres
relations with the citizens thereof, and to commit no injuries or depreda-
tions on their persons or property, nor on those of the members of any
other tribe; but in case ofany such injury or depredation, full comper- to lay for de-
ation shall,ofasthe
far United
as practicable, be made therefor moneys in pr~um
tie hands States, the amount in all out
casesoftotheir
be determined
by the Secretary of the Interior.
They furtherpledge themslves not to
engage in hostilities with the Indians of any other tribe, unless in sel- on. eUt
defence, but to submit, through their agent, all matters of dispute and eet ly
dificlty between, themselves and other Indians for the decision of the
President of the United States, and to acquiesce in and abide thereby.
They also agree to deliver to the proper officers all pers embelongingany to to eder
their said bands who may become offenders against the treaties, laws, ore Wde-
regulations of the United States, or the ao f the State of Minnesota,
and to assist in discovering, pursuing, and capturing all such offenders
whenever required so to do by such oiers, through the agent or other
proper ofer of the Indian department.

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 1040 TREATY WITH THE SISSEETON, &C, SIOU. JrN 19,o158..
beAnnuities to
withheld front ARTIOLE VIL To aid in preventing the evils of intemperance, it is
thoe drinking, hereby stipulated that if any of the members of the said Sisseeton and
&c., Intoiatfing Wahpaton bands of Sioux Indians shall drink or procure for others intox-
liquors. icating liquors, their proportion of the annuities of said bands shall, at the
discretion of the. Secretary of the Interior, be withheld from them for the
period of at least one year; and for a violation of any of the stipulations
of this agreement on the part of any member of said bands, the persons so
offending shall be liable to have their annuities withheld, and to be sub-
jec to such other punishment as the Secretary of the Interior may pre-
scribe.
Membess of ARTILOE VIII. Any members of said Sisseeton and Wahpaton bands
the bands may who may be desirous of dissolving their tribal connection and obligations,
dissolve Uib
wnnedons, &c.and of locating beyond the limits of the reservation provided for said
bands, shall have the privilege of so doing, by notifying the United
States agent of such intention, and making an actual settlement beyond
the limits of said reservation; shall be vested with all the rights, privi-
leges, and immunities, and be subject to all the laws, obligations, and
duties, of citizens of the United S:ates ; but such procedure shall work no
forfeiture on their part of the right to share in the annuities of said
bands.
Secretary of ARTICL IX. Such of the stipulations of former treaties as provide for
Intert o to%"SStepyen uso o said Sisseeton and
discretion ova the payment of particular sums of money to.the
mer and ob- Wahpaton bands, or for the application or expenditure of specific amounts
jects of annual for particular objects or purposes, shall be, and hereby are, so amended
expenditure. and changed as to invest the Secretary of the Interior with discretionary
power in regard to the manner and objects of the annual expenditure of
all such sums or amounts which have accrued and are now due to said
bands, together with the amount the said bands shall become annu-
ally entitled to under and by virtue of the provisions of this agreement:
rovidd, The said sums or amounts shall be expended for the benefit of
said bands at- such time or times and in such manner as the said Secre-
tary shall deem best calculated to promote their interests, welfare, and
advance in civilization. And it is further agreed that such change may
be made in the stipulations of former treaties, which provide for the pay-
ment of particular sums for specified purposes, as to permit the chiefs and
braves of said bands, or any of the subdivisions of said bands, with the
sanction of the Secrftany of the Interior, to authorize such payment or
expenditure of their annuities, or any portion thereof, which are to become
due hereafter, as may be deemed best for the eneral interests and wel-
fare of the said bands or subdivisions thereoE
United States ARTI CLE X. The expenses attending the negotiation of this agreement
to pay expnse shall be defrayed by the United States.
ornegot ao In testimony whereof, the said Charles E. Mix, Commissioner, as afore-
Skfuetga said, and the undersigned chiefs and headmen of the said Sisseeton and
Wahpaton bands, have hereunto set their hands and seals at the place and
on the day firpt above written.
CHARLES E. MIX, C'ommissioner. [sEAL.]
MUZ-ZAH-SHAW, (Red Iron,) I this x mark." [msz.]
WAM-DU-PI-DU-TAH, (War Eagle's Scar-
let Tail,) his x mark. [aw,.]
OJUPI, (The Planter,) his x mark. =r.
HA-HU-TA-NAI, (The Stumpy Horn,) his x mark. sAL.j
MAZ-Z-MA-NEE, (Walking Iron,) his x mark. lew.]
MAZ-ZA-KOOTE-MANEE, (Shoots Iron
as he Walks,) his x mark. [sEAL.]
UPI-YA-HI-DE-YAW, (Chiefof Laoe qi
Ne,) his X maLrk. AnZ.1
UMPE-DU-TO-KE-CHAW, (Other Day,) his x mark.' Csn"x.J

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TREATY WITH THE SISSEETON, &., SIOUX- - Jmii 19, 1858. 1041

TA-CHAN-DU-PA-HO-TAN-KA, (His
Pipe with Strong Voice,) his x mark. [szL.]
Signed, sealed and delivered in presence of-
JoSezP R. BROWN, &ots .gea
A. J. CAj-BULL, k. 7 per,
A. ROBErSON,
Jomf DoWLncG,
N. R. BROWN,
FeTWDRO SomID,
M. SMTsER,
B. D. HTAXa,
P. F. WOOD,
CRLES CRAWFORD,
JAMS R. BOoIM.
And whereas the said treaty having been submitted to the Senate of Conaten af
dl, on 9,1 m
the United States for its constitutional action thereon, the Senate
the ninth day of March, one thousand eight hundred and fifty-nine, advise
and consent to the ratification of its articles by a resolution in the words
and figures following, to wit:
"I ExzVUiYE SESSIoN,
"SrAz oF TIM UNrrD STATEs, March 9, 1859.
".Rewov, (two thirds of the senators present concurring,) That the
Senate advise and consent to the ratification of the articles of agreement
,and convention made and concluded on the 19th day of June, 1858, with
the Sisseeton and Wahpaton bands of the Dakotah or Sioux Indians.
"Attest: OASBURY DICKIN,% rew .!
Now, therefore, be it known that I, JAMES BUCHANAN, President ia
ti,
9.
of the United States of America, do, in pursuance of the advice and con- March
831,
sent of the Senate, as expressed in their resolution of March ninth, one
thousand eight hundred and fifty-nine, accept, ratify, and confirm said
treaty.
In testimony whereo4 I have caused the seal of the United States to
be hereto affixed, having signed the same with my hand.

Done ai the city of Washington, this thirty-first day of March,

in the year of our Lord one thousand eight hundred and ffy-
Csw&L.] nine, and of the independence of the United States the eighty-
third.
JAMES BUCHANAN.
By the President:
Luwis CAAs, Sk&cry of Sdat

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 1042 TREATY WITH THE SIOUX, -OF JUNE 19, 1858.

RESOLUTION OF THE SENATE OF THE UNITED STATES.

R' At and 7iMl of certan Bands of Sioaw AMan., to lw and
miracedin
7on tAe .fnmmeta Biver.
I TEM SENATs or Tim UNmIE STATES,
Jmwz 27th, 1860.
Preamble. Wmuu s by the second articles of the treaties of Jane 19, 1858, with
..Ane, Taie,, the Med-a-wa-kmnton and Wah-pa-koo-ta, and the Sisseeton and Wah-
pp. 80, 4 pa-ton bands of the Daeotah or Sioux Indians, it is submitted to the
Senate to decide as to the right or title of said bands of Indians to the
lands embraced in the reservations occupied by them on"the Minnesota
River, in the State of Minnesota, and what compensation shall be made
to them for those portions of said reservations lying on the north side of
that river, which they agreed by said treaties to surrender and relinquish
to the United States; "whether they shall be allowed a specified sum in
money therefor, and if so, how much, or whether the same shall be sold
for their benefit, they to receive the proceeds of such sale, deducting the
necessar expenses incident thereto;" and whereas said Indians were
permitted to retain and occupy said reservations in lieu of other lands
Vol. x. p. 967. which they were entitled to under the amendments of the Senate to the
treaties made with, them ir the year 1851 and large amou~ts of the
money of sai4 Indians have been expended by the government in im-
provements and otherwise upon the lands contained in said reservations;
le5t, eh. 'Or. and whereas by act of Congress of July 81, 1854, said reservations were
VoL L. M authorized to be confirmed to those Indians:
Right of in- Resolved, That said Indians possessed a just and valid right and title
di allowanoe
and .etrnieud,to to said reservations, and thit they be allowed the sum of thirty cents per
them. acre for the lands contained in that portion thereof lying on the north side
of the Minnesota River, exclusive of the cost of survey and sale, or any
contingent expense that may accrue *whatever,which by the treaties of
June, 1858, they have relinquished and given up to the United States,-
settlers in Reo*d/ood fjlw, That all persons who have in good faith settled and
faith on said r".
ervatlons, may made improvements upon any of the lands contained in said reservations,
preept, &a.' believing the same to be government lands, shall have the right of pre-
emption to one hundred and sixty acres therof, to include their improve-
meants, on paying the sum of one dollar and twenty-five cents per aerd
Proviso. therefor: Provid& That when such settlements have been made on the
lands of the Indians on the south side of the Minnesota River, the asqent
of the Indians shall first be obtained, in such manner as the Secretary of
the Interior shall prescribe, and that the amount which shall be so paid
for their lands, shall be paid into the treasury of the United States.
Attest: ASBURY DICKINS, &,eta.

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 CONVENTION WITH BZLGIUM. JuLr 17, 1858. 1048

owm o betem tU Uted Stt of Amwa id HB Hqj N y the

K nofsthe Bg'an& (onkded at M , .ulj 17, 1858.
fd, , -l1 8, 1859. B tiicatio. x d , Ap a 16, 1859. Pro-
;W,.. 4 a Prdd&ent of do Unitd Sta, Aproi 19, 1859.

BY THE PRESIDENT OF THE UNITED STATES OF A July 17, In&

CERIOA:

A PROCLAMATION.
WIMBRAS a convention between the United States of America and his p 1 xbie.
Majesty the King of the Belgians was concluded and signed by their
respective plenipotentiaries at Washington, on the 17th day of July last1
which convention, being in the English and French languages, is word
for word as follows : -

The United States of America on Sa Majestd le Rol des Beiges, 0outeut

the one part, and his Majesty the
King of the Belgians on the other
part, wishing to regulate in a for-
ml manner their reciprocal rela-
tions of commerce and navigation,
and further to strengthen, through
the development of their interests,
respectively, the bonds of friend-
ship and good understanding so hap-
pily established between the govern-
ments and people of the two coun-
tries; and desiring with this view
to conclude, by common agreement,
a treaty establishing conditions
equally advantageous to the com-
merce and navigation of both States,
have to that effect appointed as
their plenipotentiaries, namely: The
President of the United States,
Lewis Cass, Secretary of State of
"theUnited States, and his Majesty
the King of the Belgians, Mr. Henri
Bosch Spencer, decorated with the
Cross of Iron, Chevalier of the
Order of Leopold, Chevalier of the
Polar Star, his Charg6 d'Affairea
i4 the United States, who, after
having communicated to each other
their full powers, ascertained to be
in good and proper form, have
agreed to and concluded the fol-
lowing articles: -
d'une part, et lea Etats-Unis d'Amd, parties
rique, d'autre part, voulant rgler
d'une manibre formelle lea relations
rciproque de commerce et de navi-
gation, et fortifier de pins en plus,
par le d6veloppement des intfrcts
respectif lee liens d'amitid et de
bonne intelligence si heureusement
dtablis entre les deux gouverne-
ments et lee deux peuples; duirant,
dan ce but, arr~ter do commun
accord un trait6 stipulant des con-
ditions dgalement avantageuses au
commerce et k Ia navigation des
deny 6tats, oat, & cet effet, nomm6
pour leunrs pl~nipotentiaires, savoir-
Sa Majest le Roi des Beiges, le- Negodate.
Sieur Henri Bosch Spencer, d6cori
de la Croix de Fer, Chevalier de
rOrdre Ldopold,Chevalierde l'Etoile
Polaire, son Charg6 d'Afaires aux
Etats-Unis, et le Prsident des
Etats-Unis, Lewis Cass, Seerdtaire
d'Etat des Etats-Unis, lesquels, aprbs
s'tre ommuniqud leurs pleins pou-
voira, trouvds en bonne et due
forms, ont arrftd et conclu les ar-
ticles suivants:

ARTICLE I. ARTICLE L

There shall be full and entire flree- 11 y aura pleine et entibre Iibert6 cmmsreemn
dom of commerce and navigation de commerce et de navigation entre navgatio
VOL. Xn. T3&zAr.-184

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1044 CONVENTION WITH BELGIUM. JULT 17, 1858.
between the inhabitints of the two lee habitants des deux pays, et la
Pt vilemg &o.countries, and the same security and m6me sdeuritd et protection dent
protection which is enjoyed by the jouissent les nationaux, seront garan-
citizens or subjects of each country ties des deux parts. Ces habitants
shall be guarantied on both sides. ne paieront point, h raison de lenr
The said inhabitants, whether estab- commerce on de leur industrie, dam
lished or temporarily residing within les ports, villes, ou lieux quelconques
any ports, cities, or places whatever des deux dtats, soit qu'ils s'y dta-
of the two countries, shall not, on blissent, soit qu'ils y rdsident tempo-
account of their commerce or indus- rairement, des droits, taxes, on im-
try, pay any other or higher duties, pts autres on plus 61evda que ceux
taxes, or imposts than those which qui se peroevront sur les nationaux;
shall be levied on citizens or subjects
et les privildges, immunits, et autres
of the country in which they may faveurs, dont jouissent en matire
be; and the privileges, immunities, de commerce on d'industrie les
and, other favors, with regard to citoyens on sujets de run des deux
6
commerce or industry, enjoyed by tats, seront communs i ceux de
the citizens or subjects of one of therautre.
two States, shall be common to those
of the other.

ARTIOLE IL ARTICLE IL

Beigan vessels Belgian vessels, whether coming
in the United from a Belgian or a foreign port,
States dutisy shall not pay, either on'entering or
than, &e. leaving the ports of the United
States, whatever may be their desti-
nation, any other or higher duties of
tonnage, pilotage, anchorage, buoys,
light-houses, clearance, brokerage, or
generally other charges whatsoever,
than are required from vessels of
the United States in similar eases.
This provision extends not only to
duties levied for the beneft of the
State, but also to those levied for the
benefit of provinces, cities, countries,
districts, townships, corporations, or
any other division or jurisdiction,
whatever may be its designation.
ARTIOLE IIL
Les navires Beiges, venant d'un
port Beige on d'un port 6tranger, ne
paieront point i leur entr6e dans les
ports des Etats-Uns, ou h leur sortie,,-'
queue que soit leur destination,
d'autres ni de plus forts droits de
tonnage, de pilotage, d'ancrage, de
balisage, de foux et de fanaux, d'ex-
pldition et de courtage, ni g6n6rale-
ment d'autres charges "que celles
exig6es des bitiments de rUnion
dans los mames ca. Ce qui pr6ce
s'entend, non seulement des droits
pergus an profit de r6tat,mais encore
de tous droits per9us an profit des
provinces, villes, arrondissements,
communes, juridictions, corporations,
etc., sons quelque terms qu'eiles
puisent Otre ddsigndes.
ARTICLE IIM

Vessels of the Reciprocally, vessels of the United
United States In States, whether coming from a port
Belgium
pahger
not to of said States or from a foreign port,
duties
t. shall not pay, either on entering or
leaving the ports of Belgium, what-
ever may be their destination, any
other or higher duties of tonnage,
pilotage, anchorage, buoys, light-
houses, clearance, brokerage, or gen-
erally othercharges whatever, than
are required from Belgian vessels in
similar cases. This provision ex-
tends not only to duties levied for
the benefit of the State, but also to
Nciproquement, lee navires des
Etats-Unis, venant d'uo port national
on d'un port dtranger, ne paieront"
point b leur entr6e dana les ports de
Belgique o h leur sortie, quelle que
soit leur destination, d'autres ni de
plus forts droits de tonnage, de pilo-
tage, d'ancrage, de bali6age, de feuX
et de finaux, d'exp6dition et de
courtage, ni g6ndralement d'autres
charges, que celles exig6es des biti-
ments Beiges dans les mOmes cas.
Ce qui prbcbde s'entend non seule.
ment des droits pergus an profit de

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 CONVENTION WITH BELGIUML
those levied for the benefit of prov-
inees, cities, countries, districts, town-
ships, corporations, or any other di-
vision or jurisdiction, whatever may
be its designation.
ARTICLE IV.
Steaw-vessels of the United States
and of Belgium, engaged in regular
navigation between the United States
and Belgium, shall be exempt in
both countries from the payment of
duties of tonnage, anchorage, buoys,
and light-houses.
ARTIOLE V.
As regards the coasting-trade be-
tween the ports of either country,
the vessels of the two nations shall
be treated on both sides on the same
footing with the vessels of the most
favored nations.
ARTICLE VT.
Objects of any kind soever intro-
dueod into the ports of either of the
two States under the flag of the
other, whatever may be their origin
and from what country soever the
importation thereof may have been
made, shall not pay other or higher
entrance-duties, nor shall be sub-
jected to other charges or restric-
tions, than they would pay, or be
subjected to, were they imported
under the national flag.
ARTICLE VIL
Articles of every description ex-
ported by Belgian vessels, or by
those of the United States of Amer-
ica, from the ports of either country
to any country whatsoever, shall be
subjected to no other duties or for-
malities than such as are required
for exportation under the flag of the
country where the shipment is made.
ARTIOL3 VIIL
All premiums, drawbacks, or other
favors of like nature, which may be
allowed in the States of either of the
contracting parties upon goods im-
ported or exported in national yes-
HeinOnline -- 12 Stat. 1045 1855-1863
JuLr 17,1858. 1045
rtat,mais encore de tons droits per-
9us an profit des provinces, villes,
arrondissements, communes, juridic-
tions, corporations, etc., sous quelque
termequ'eles puissentetre ddsignes.
ARTICLE IV.
Les bAteaux k vapeur Belges et Steam-vemei
des Etats-Unis, fasant un service of both Gountri
rgulier de navigation entre is ei- & ct .
gique et les Etats-Unis, serot ex-
empt4d, dans run et l'antre pays, du
paiement des droits do tonnage,
d'ancrage, de balisage, de feux et de
fanaux.
ARTICLE V.
En co qui coneerne rexereice du Ooeu.ng-w
cabotage, (commerce de port b,port,)
les navires des deux nations seront
traitds, do part et d'antre, gur le
m6me pied quo les navires des na-
tions les plus favoris6es.
ARTICLE VI.
Le objets do toute nature isa- Dutes on same
portds dans les ports de run des tobethe
seeImported
deux dtats, sons pavilion de 'autre, L
eitherfla6.
quelle quo sit leur origine et de
quelque pays qu'ait lieu rimport.
tion, ne paieront d'autres ni de plus
forts droits d'ontrde, et ne seront
assuidtis & dfanutres charges on re-
strictions quo 'ils9dtaient import5#
sous pavilion national
ARTICOL VIL
Les objets de toute nature quel- Export duties.
conque exportds par navires Beiges
on par ceux des Etats-Unis d'Am-
rique des ports de Fun on de l'autre
de ces dtats vers queque pays quo
ce soit, ne seront assuj6tis k des
droits on k des formalitds autres quo
ceux exig6s pour rerportation par
pavilion national.
ARTICLE VII
Los primes, restitutions, an autres prmoiuj
faveurs de cette nature, qui pour- drawbacks, ic.
ralent 6tre aceorddes dans les 6tat
des deux parties contractantes, sur
des marchandises importdes on ex-
 1046 CONVENTION WITH BELGIUM. JvT 17, 1858.

B shall o be likewise, and in the' portes par des navires- nationaux,

same manner, allowed upbn goods serout aussi, et de ]a m6me manibre,
imported directly from one of the accord4es aux marchandises impor.
two countries by its vessels into the tMes directement de ran des deux
other, or exported from one of the pays our ses navires dans rautre, ou
two countries by the vessels of the exportdes de run des deux pays, par
other to any destination whatsoever. lee navires de rautre, vers quelque
destination que ce soit.
ARTICLE . ARTICLE

Provlem Uto The preceding article is, however, 1 eat n6nmoins ddrog6 aux dis-
premius, draw- not to apply to the importation of positions qui pr6cbdent pour l'impor-
to aPPI'),= salt, and of the produce of the tation du sel et des produits de In
5-0-sa- national fisheries; each of the two pkche nationale; les deux pays so

parties reserving to itself the faculty r6servant la facult6 d'accorder aux

of granting special privileges for thp importations de ces articles par
importation of those articles under pavilion national des privil6ges spb
its own flag. inux.
ARTICLE X. ARTICLE X.

What to be .s. The high coatracting parties agree
teemed De Ia to consider and to treat as Belgian
= oft"he vessels, and as vessels of the United
United state States, all those which being pro-
vided by the competent authority
with a passport, sea-letter, or any
other sufficient document, shall be
recognized, conformably with exist-
ing laws, as national vessels in the
country to which they respectively
belong.
ARTICLE XL
Les bhates parties contractantes
conviennent do eoniddrer et de
tralter comme navires Belges, et
comme navires des Etats-Unis, tons
eeux qun,4tantpourvus par l'autorit6
comn6tente d'un passeport, d'une
lettre de met on de t6ut autre docu-
ment sufflsant serout, d'apris les
lois existantes, reconnus comme na-
tionaux dans le pays auquel ile ap-
partiennent respectivement.
ARTICLE XI.

Vernal mat Belgian vessels and those of the Les navires Boges et eeux des
prTso?on United States may, conformably with Etats-Unis pourront, conform~ment
retan car"oe
their
board, whien, &Z.the laws of the two countries, retain aux loix des deux pays, conserver h
on board, in the ports of both, such leur bord, dans les ports do run et
parts of their cargoes as may be de rautrd itat, lee parties de car-
destined for a foreign country; and galson qui seralent destin6es pour
such parts shall not be subjected, un pays 6tranger; et ces parties,-
either while they remain on board or pendant leur s6jour h bord, ou lore
upon regxportation, to any charges de leur rd-exportation, ne seront a-
whatsoever, other than those for the treintes h aucuns droits quelconques,
prevention of smuggling. autres quo ceux de surveillance.
ARTICLE XIL ARTICXL XIL

Provisions as During the period allowed by the
to duties on goods laws of the two countries respectivoly
War _oaSd - for the warehousing of goods, no
duties, other than those of watch and
storage, shall be levied upon articles
brought from either country into the
other while awaiting transit,'reft-
portation, or entry for consumption.
Such goods shall in no case be sub-
Pendant le temps fixd par lee lois
des deux pays respectiyement pour
rentreposage des narchandises, il
no sera pergu anouns droits antres
que ceux de garde et d'emmaga-
sinage sur lee objets mportds de
run des pays dats l'autre en aten-
dant leur transit, leur rd-exportation
on ler rise en consommation. Ces

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 CONYBnTON WITH BELGIUM
ject to higher warehouse-charges, or
to other formalities, than if they had
been imported under the fag of the
Country.
JuLT 17, 1858. 1047
objets, dans aucun cas, ne paieront
de plus forts droits d'entrepdt et ne
seront assujdtis A d'autres formalit6s
que s'ls avaient dt6 import6s par
pavilion national.

ARTIOLI im. &ARTIOLZXI

In all that relates to duties of cus-
toms and navigation, the two high
contracting parties promise, recipro-
cally, not to grant any favor, privi-
lege, or immunity to any other State
which shall not instantly become
common to the citizens and subjects
of both parties respectively; gratui-
tously, if the concession or favor to
such other State is gratuitous, and
on allowing the same compensation,
or its equivalent, if the concession is
conditional.
Neither of the contracting parties
shall lay upon goods proceeding from
the soil or the industry of the other
party, which may be imported into
its ports, any other or higher duties
\of importation or refxportation than
art laid upon the importation or re-
exportation of similar goods coming
from any other foreign country.
AUTICO XIT.
Ei tout ee qui conuerne les droits pah State to
de douane et de navigation, les deux have privilege
hautes parties contractantes se pro- ofa m n "faied
mettent w6ciproquement de n'ae- ti
corder aucune faveur, privilge, op
immunit4 & un autre dtat, qui ne
soit aussi et h l'instant 6tendu k
leurs sujets on citoyens respectifes,
gratuitement si Ia concession en fa-
venr de 'antre 6tat eat gratuite, et
en dormant is m6me compensation
oti r4 ivalent si la concession est
conditionelle.
Ni l'une ni rautre des parties con- Similar duties
tractantes n'imposeront sur les mar- to be laid on eer*
tin milar
chandises provenant du sol on de g.
rindustrie de l'autre partie,qui seront
importies dans ses ports, d'autres ni
de plus forts droits d'importation ou
de r6-exportation, que ceux qui
seront impos6s sur l'importation ou
la r6-exportation de marchandises
similaires provenant do tout autre
pays 6tranger.
A TIOLD XIV.

In cases of shipwreck, damages at Encas de uanfag de dommago Pyovwous -

sea, or forced putting in, each party
shall afford to the vessels of the
other, whether belonging to the State
or to individuals, the same assistance
and protection, and the same im-
munities, which would have been
granted to its own vessels in similar
ease&
AUTICLE XV.
en mer, on de relfiche forc6e, ehaque to help in ship.
partie accordem aux navires, soit wree '"
de Mdtat on des particuliers de l'autre
pays, la m~me assistance et protec-
tion et les memes immunit6s que
celles qui seraient aecord~es h ses
propres navires dans les m~nes cas.
ARTIOLE XV.

It is moreover agreed between 1 eat, en outre, convenu entre les Privei of

the two contracting parties, that the deux parties contractantes, que les COUl.S, ie.
consuls and vice-consuls of the United consuls et vice consuls des at- .
States in the ports of Belgium, and Unis dana les ports de Belgique, et
reciprocally, the consuls and vice- rdciproquement les consuls at .vice
consuls of Belgium in the ports of consuls de Belgique dan lee orts
the United States, shall continue to des Etats-Unis, continueront &jouir
enjoy all the privileges, protection, do tons les privildges et de toute la
and assistance usually granted to protection et assistance, qui leur sont
them, and which may be necessary ordinairement accord& et qui peu-
for the proper discharge of their vent Otre n6eessaires pour remphr
functions. The said consuls and convenablement leurs fonctions. Lee
vic-consuls may cause to be arrested dits consuls et vice consuls pourront

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 1048 CONVIZMON WIT11 BELGIUM. Jurr17, 1858.
Deserters,. and sent back, either to their vessels faire arr~ter et renvoyer soit a bordf
or to their country, such seamen as soit dana lear pays, les marins qui
may have deserted from the vessels aurnient d6sert6 des bitiments de
of their nation. To this end they leur nation. A cot effet, ils s'adres-
shall apply in writing to the compe- seront par 6crit sax autorit6s locales
tent local authorities, and they shall comp~tentes et justifleront par l'ex-
prove, by exhibition of the vessel's hibition do r6le d'6quipage ou des
crew-list or other document, or if rdgistres do b4timent, o, si le biti-
she shall have departed, by copy of ment 6tait pari par copie des dites
said documents, duly certified by pibces, dfiment certifide par eox, quo
them, that the seamen whom they les bommes qu'i]s r6clament faisaient
claim formed part of the said crew, partie do dit 6quipage. Sur cette
Upon such demand, thus supported, demande, ainsi justifle, la remise
the delivery of the deserters shall ne pourra leur itre refusee. fl leur
not be refused. They shall, more- sera donn6, de plus, toute aide et
over, receive all aid ad assistance assistance pour Ia recherche, saisie,
in searching for, seizing, and arrest- et arrestation des dits d6serteurs, qui
ing such deserters, who shall, upon seront m me ddtens et gardds dane
the requisition and at the expense les prisons do pays, A Ia r6quisition
of the consul or vice-consul, be cbn. et aux frais du consul on vice con-
fined and kept in the prisons of the sul, jusqu'k ce qu'il alt trouv6 une
country until he shall have found an occasion de les renvoyer -hez eux:
opportunity for sending them home. Si pourtant cette occasion ne se pr6-
If, however, such an opportunity sentait pas dans un d6lai de trois
should not occur within three months mois, k compter do jour de l'arres-
after the arret, the deserters shall tation, les d6serteurs seront mis en
be set at liberty, and shall not again libert6 et pe pourront plus Otre ar-
be arrested for the same cause. It r~t6s pour Ia m~me cause. V eat
is, however, understood that seamen entendu, n6anmoius, que les marins
of the country in which the desertion do pays oib Ia d~sertion aura lieu
shall occur are excepted from these sont except6s de Ia pr6sente disposi-
provisions, unless they be naturalized tion h moins qu'ils ne soient natu-
citizens or subjects of the other ralis& sujets on citoyens de l'autre
country, pays.
ARTICLE~ XVL. , ARTIOLE XV

Thstt duty. Articles of all kinds, the transt
of which is allowed in Belgium,
coming from or going to the United
States, shall be exempt from all
transit duty in Belgium, when the
transportation through the Belgian
territory is effected on the railroads
of the State.
ARTIOLE XVIIL
Les objets de toute bature dont
Ie transit eat permis en Belgique,
venant des Etats-Unis on exp6di6s
vers ce pays, seront exempts do tout
droit de transit en Belgique, lorsque
le transport sur le territoire Beige
se fera pa les chemins do fer do
r6tat.
ARTIOLE XVIL

Ths treat to The present treaty shall be in Le pr6sent trait6 sera en vigueur
be In force ;or force during ten years from the date pendant dix ans, I dater do jour de
ten years, &a. of the exchange of the ratifications, i'(change des ratifications, et au-delk
and until the expiration of twelve de ce terme, jusqu'A rexpiration de
months after either of the high con- douze mois aprbs que rune des
tracting parties shall have announced hautes parties contractantes aura
to the other its intention to terminate
annonc6 b rautre son intention d'en
the operation thereof; each party faire cesser lea effete; chaeune d'lles
reserving to itself the right of mak- so rdservant le droit de faire h
ing 'such declaration to the other at rautre une telle d6dlaration b.rex-
the end of the ten years above men- piratlon des dix ans sus-tnentiond~s;

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 CONVENTION WITH BELGIUM. JurY 17,1858. 1"49

tioned; and it is agreed that after
the expiration of the twelve months
of prolongation accorded on both
aides, this treaty and all its stipula-
tions shall cease to be in force.
ARTICLZ XVII.
et ii eat convenu, qu'aprbs lee douze
mois de prolongation, accord& de
part et d'autre, ce traiti et toutes lee
stipulations qu'Hi renferme cesseront
d'6tre obligatoires.
ARTICLE XryII.

This treaty shall be ratified, and Ce trait sera ratifiM et les ratifi- Rateattons,
the ratifications shall be exchanged cations seront 6ehang es h Washing- Irhn to be ex
at Washington, within the term of ton, dans le terme de neuf mois change.
nine months after its date, or sooner aprbs sa date, on plut6t si faire se
if possible. pent.
In faith whereof, the respective En foi de quo, les pIdnipoten-
plenipotentiaries have signed the tiaires respectifs ont signd le prdsent
present treaty, in duplicate, and have traitd par duplicata, et y out appos6
affixed thereto their seals, at Wash- leuis sceaux h Washington, le dixi
ington, the seventeenth of July, eigh- sept Juillet, mil hit cent cinquante
teen hundred and fifi-eight. huit.
LEW. CASS. L. a. H. BOSCH SPENCER. [L. s.J
H. BOSCH SPENCE&. [L. i.] LEW. CASS. L.
And whereas the said convention has been duly ratified on both parts, Ratficatlons
and the respective ratifications of the same were exchanged in the city of exchanged, April
Washington, on the 16th instant, by Lewis Case, Secretary of State of the 1, .
United States, and Henry W. T. Mali, consul-general of Belgium in the
United States, on the part of their respective governments:
Now, therefore, be it known that I, JAMES BUCHANAN, President Prockmatoa
of the United States of America, have caused the said. convention to be April Ir1859.
made public, to the end that the same and every clause and article thereof
may be observed and fulfilled with good faith by the United States and
the citizens thereof.
In witness whereof, I have hereunto set my hand and cansed the seal
of the United States to be affixed.
Done in the city of Washington, this nineteenth day of Apu,
in the year of our Lord one thousand eight hundred and
[su.] fifty-nine, and of the independence of the United Stao the
eighty-third.
, JAMES BUOHANN
By the President:
Lzwxs CAss, Scre"j of &at&

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 I

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 TRE.TY WITH THE EMPIR OF JAPAN. Jivr 29,1858. 1061

Za.y between the United Saw of Amemica and the Empire of Jpan.
(Amith and Commove.) Cloncluded at t f Yedo, July 29,1858.
fat'f by Presidentof ta United tate, April 12,1860. Bxwhanged
at City of Washington May 22, 1860. Proldaimed 6y Presidwt of
Uited States, May 28, 1860.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: JnWy2, 1858.

A PROCLAMATION.
WHEREAS a treaty of amity and commerce between the United States
and the Empire of Japan was concluded and signed by their respective
plenipotentiaries at the City of Yedo, on the twenty-ninth day of July, one
thousand eight hundred and fifty-eight, which treaty is word for word is
follows:

The President of the United De President der Vereenigde O nctting

States of America and his Majesty Staten van Amer" en Zyne M%- parties.
the Ty-Coon of Japan, desiring to jesteit do Taikoen van Japan, de
establish on firm and lasting founda- nu, gelukkiglyk tussehen beide lan-
tions the relations of peace and den bestaande betrekkingen van
friendship now happily existing be- vrede en vriendschap, op vaste en
tween the two coantries, and to se- duurzame grondslagen wensohende
cure the best interest of their daarte stellen, en do beste belangen
respective citizens and subjects by Hunner wederzydshe burgers en
encouraging, facilitating, and regu- onderdanen to verzekeren, door
lating their industry and trade, have* hunne nyverheid en handel an to
resolved to conclude a treaty of moedigen, to vergemakkelyken en
amity and commerce for this pur- to regelen, hebben besloten een trac-
pose, and have, therefore, named as taat van vriendschap en handel tot
their plenipotentiaries, that is to dat einde te sluiten, endaartoe als
say: The President of the United Hunne Gevolmagtigden benoemd,
States, his excellency Townsend to weten:
Harris, Consul General of the De President der Vereenigde
United States of America for the Staten, Zyne Excellentie Townsend
Empire of Japan, and his Majesty Harris, Consul Generaal der Ve.
the Ty-Con of Japan, their excel- roenigde Staten van Amerika, voor
"lencies Ino-oo-ye, Prince of Sinano, het Japansehe Ryk, en Zyne Majes-
and Iwasay, Prince of Hego, who, teit de Taikoen van Japan, Hunne
after having communicated to each Excellentien Inowoeje, Prinz van
other their respective fall powers, Sinano, en Iwasee, Prinz van Hi-
and found them to be in good and g, die na elkander hunne weder-
due form, have agreed upon and zydsche volmagten, te hebben med-
concluded the following articles: egedeeld en dezelve in goeden en
behoorlyken, vorm bevonden, ove-
reengekomen en gesloten hebben, de
volgende artikelen•
Ur8T ARTKL
ARTIOLE L

There shall henceforward be per-
petual peace and friendship between
the United States of America and
his Majesty the Ty-Coon of Japan
and his successors.
VOL. xIL TR-AT.-135
Er zal van nu af aan immerdu- Amity, &e.
rende vede en vriendschap zyn,
tussehen de Vereenigde Staten van
Amerika, en Zyne Majesteit den
Taikoen van Japan en Hoogstdes-
zelfs Opvolgers.

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1052 TRRAT" WITH THE EMPMNl
Diplomatic The President of the United
states States may appoint a diplomatic
may reside at agent to reside at the city of Yedo,
Yedo, &. and consuls or consular agents to
reside at any or all of the ports in
Japan which are opened for Amer-
ican commerce by this treaty. The
diplomatic agent and consul-general
of the United States shall have the
right to travel freely in any part of
the empire of Japan from the time
they enter on the discharge of their
official duties.
of Japan at The government of Japan may
wasjgeon. a. appoint a diplomatic agent to reside
at Washington, and consuls or consu-
lar agents for any or all of the ports
of the United States. The diplo-
matic agent and consul-general of
Japan may travel freely in any
part of the United States from the
time they arrive in the country.
AISTIOLN IL.
OF JAPAN. TrULY 29, 1858..
De President der Vereenigde
Staten kan een diplomatieken agent
benoemen, om in de Stad Jedo
verblyf to houden, en consuls, of
consulaire agenten, om in eenige of
al de, by dit Trataa4,den Ameri.
kaanschen handel, opengestelde ha.
vens in Japan verblyf to houden
De diplomatieke agent en de consu.
genernal der Vereenigde Staten,
zullen van den tyd af, zy hunue
ambts bezigheden beginnen waar to
nemen, bet regt hebben van onge-
hinderd, in eenig gedeelte van hen
Japansche ryk to reizen.
De Japansche Regering kan een
diplomatieken agent benoemen om
to Washington verblyf to houden,
en consuls, of consulair agenten voor
eenige of al do havens der Veree-
nigde Staten. De diplomaticke
agent en de consul gener"l van
Japan mogen van den tyd hunner
aankomst daar to lande, ongehin.
derd in eenig gedeelte der Veree-
nigde Staten reizen.
TWENID ARTIKUL.

President win The President of the United De President der Vereenigde

aet asmediator. States, at the request of the Ja- Staten wil, op verzoek der Japan-
panese government, will act as a
friendly mediator in such matters
of difference as may arise between
the government of Japan and any
European power.
United States The ships of war of the United
vesses, &o., to States shall render friendly aid and
aid Japanese. assistance to such Japanese vessels
as they may meet on the high seas,
so far as can be done without a
breach of neutrality; and all Amer-
ican consuls residing at ports visit-
ed by Japanese vessels shall also
give them such friendyaid as may
be permitted by the laws of the
respective countries in which they
reside.
ARTIOL III
ache Regering, als vriendschappelyk
bemiddelaar handelen, in zulke za-
ken van verschil, als tusschen de
Japansche Regering, en enige Eu-
ropesche M.genbeid, mogte out-
staan. De oorlogschepn der Ver-
eenigde Staten sallen, ann zoodanige
Japansche schepen, als zy op de
openbare see mogen ontmoeten,
vriendschappelyke hulp en bystand
verleenen, zoover zulks zonder one
breuk van neutraliteit doenbaar is,
en alle Amerikaansche consuls, ver-
blyfhoudende in havens, door Ja-
pansche schepen aangedaan *ullen
ook daaraan zoodanige vriendschap-
pelyke hulp verleenen, als do wetten
der respective landen, waar zy ver.
blyfhouden veroorloven.
DERDI ARuT~.EL.

Addittenal In addition to the ports of Simo- By do Havens van Simoda en

ports opened. da and Hakodade, the following Hakodade, zullen do folgende Ha-
ports and towns shall be opened on vens en steden worden gevoegd en
the dates respectively appended to open gesteld, op de respectivelyk
them, that is to say: Kanagawa, on daarby gevoegde datums, to weten.
the (4th of July, 1859) fourth day Kanagawa, den (4 de July, 18-59)

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 TREATY WITH THE EMPIEE "OY JAPAN.
of July, one thousand eight hundred
and fifty-nine; NagasaK, on the
(4th of July, 1859) fourth day of
July, one thousand eight hundred
and fifty-nine; Nee-e-gata, on the
(1st of January, 1860) first day of
January, one thousand eight hun-
dred and sixty; Hiogo, on the (1st
of January, 1868) first day of Jan-
uary, one thousand eight hundred
and sixty-three.
If Nee-e-gata is found to be un-
suitable as a harbor, another port
on the west coast of Nipon shall be
selected by-the two governments in
lieu thereof. Six mouths after the
opening of Kanagawa the port of
Simoda shall be closed as a place
of residence and trade for American
citizens. In all the foregoing ports
and towns Amerioan citizens may
permanently reside; they shall have
the right to lease ground, and pur-
chase the buildings thereon, and
may erect dwellings and warehouses.
Bat no fortification or place of mil-
itary strength shall be erected un-
der pretence of building dwelling
or warehouses; and to see that this
article is observed, the Japanese
authorities shall have the right to
inspect, from time to time, any
buildings which are being erected,
altered, or repaired. The place
which the Americans shall occupy
for their buildings, and the harbor
regulations, shall be arranged by
the American consul and the au-
thorities of each place, and if They
cannot agree the matter shall be
referred to and settled by the Ame-
rican diplomatik agent and the Ja-
panese government.
No wall, fence, or gate shall be
erected by the Japanese around the
place of residence of the Ameri-
cans, or anything .done which may
prevent a free egress and ingres to
the same.
From the (lot of January, 186,)
firt day of January, one thousand
eight hundred and sixty-two, Amer-
HeinOnline -- 12 Stat. 1053 1855-1863
JDLY 29, 185M IM
vierden dag van July, eenduizond
acht honderd negen en vyftig.
Nagasaki, den (4 de July, 1859)
vierden dag van July, eenduizend
acht honderd negen en vyftig.
Ni-e-gata, den (lste January,
1860) eersten dag van January een
duizend acht honderd en zestig.
Hiogo, den (late January, 1868)
eerten dag van January ecn
duizend aoht honderd drie en ze-
stig.
Indien Niegata als baven, onge-
shikt mogt worden bevonden, zal in
de plaats daarvan, cene andere ha-
ven, aan de Westkust van Nipon,
door beide Regeringen worden uit-
gekozen.
Zes maanden na de openstelling
van Kanagawa, sal do Haven van
Simoda, als eene plaats van verblyf Amerimm
r oWt-
de
en handel, voor Amerikahnsehe bur- t di
gers, worden gesloten.
In al de voorgaande havens en Reguatios.
steden, mogen Amerikasnsche bur-
gers voortdurend verblyf houden,
zy zullen het regt hebben grond to
huren en do daarop zynde gebouwen
to koopen, en zy mogen woon en
pakhuisen oprigten. •
Maar geene fortificatlie of plants
yan militaire sterkte zal onder voor-
wendsel van. woon of pakhuizen to
bouwen worden opgerigt, en op dat
dit artikel worde nagekomen, zullen
de Japansehe overheden hot regt
hebben, opgerigt, veranderd of her-
steld wordende gebouwen van tyd
tot tyd na te zien.
Do plaet die de Amerikanon
veor hunne gebouwen zullen ceu-
peren en de Haven Regulation zul-
ien doorden Amerikaschen consul
en de overheden van iedere plaats
worden bepaald, en indien zy niet
overeen kunnen komen, zal de zaak
worden verwezen &an en geschikt
door den Amerikanaschen diploma-
tieken agent en de Japansche Re-
goring.
Goon maur, schutting of poort,
sal door de Japaaners om de ver-
blyfpkats der Amerikanen worden
opgerigt, of iets gedaan worden dat
de vrye ultgang en ingang tot de-
solve mogt verhinderen.
Van den (isten Janua-y, 1862)
eaten dag van January een duizend
aoht boaderd twee en zeuv, vulien
10"4 TRZATY -WITH THE MP)I
ieans shall be allowed to reside in
the city of Yedo; and from the (1st
of January, 1868,) first day of Jan-
uary, one thousand eight hundred
and sixty-three, in the city of Osaca,
for the purposes of trade only. In
each of these two cities a suitable
place within which they may hire
houses, and the distance they may
go, shall be arranged by the Amer-
iean diplomatic agent and the gov-
ernment of Japan. Americans may
freely buy from Japanese and sell
to them any aties that either may
have for sale, without the Interven-
tion of any Japanese officers in such
purchase or sale, or in making or
receiving payment for the same;
and all classes of Japanese may
purchase, sell, keep, or use any ar-
ticles sold to them by the Ameri-
canm.
To be made The Japanese government will
pubio, cause this clause to be made public
in every part of the empire as soon
as the ratifications of this treaty
shall be exchanged.
Munitns of Munitions of war shall only be
Met. sold to the Japanese government
and foreigners.
Rice andwheat No rice or wheat shall be export-
Sto be exp" ed from Japan as cargo, but all
ed Se'O"jw
J - Americans resident in Japan, and
ships, for their crews and passen-
shall be furnished with suffi-
cientsupylies of the same. The
ft epp. Japanese government will sell, from
time to time at public auction, any
surplus quantity of copper that may
be produced. Americans residing
in Japan shall have the right to em-
ploy Japanese as servants or in any
other capacity.
ANTIOLN IV.
Duties. Duties shall be paid to the gov-
ernment of Japan on all goods land-
ed in the country, and on all articles
of Japanese production that are ex-
ported as cargo, according to the
tariff hereunto appended.
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OF 7APA. Juri 29, 198V
do Amerikanen in de Stad Jedo, en
van den (Isten January 1863) eer-
sten dag van January, een duizend
acht honderd drie en zstig in de
Stad Osaca verblyf mogen houden,
alleen ten einde handel to dryven.
In ieder dezer twee steden, zal
eene geschikte plaats, binnen welke
zy huizen mogen huren, en den
afstand zy mogen gaan, worden be-
paald door den Amerlkasnachen
diplomatieken agent en de Japan-
sche Regering.
Amerikanen mogen ongehinderd
van Japanners koopen en an hen
verkoopen, artikelen die zy beider-
.sydsch ten verkoop mogen hebben,
sonder de tusschenkomst van Ja-
panshe ambtenaren in zoodanigen
koop of verkoop, of in het betalen
of betaling ontvangen daarvoor, en
alle klassen van Japanners mogen
koopen, verkoopen, houden of go-
bruiken artikelen aan hen, door do
Amerikanen verkocht.
Zoo spoedig als de ratification
van dlit traetaat zullen zyn uitgewis-
seld, al de Japansche Regering in
ieder gedeelte van het Ryk, dezer
bepaling openbaarbeid doen geven.
Oorlogsbehoeften zullen alleen
anu de Japansehe Regering en aan
vreemdelingen verkooht worden.
Geen ryst of tarwe zal van Ja-
pan. als lading worden uitgervoerd ;
maar aan alle in Japan verblyfhou-
donde Amerikanen, en aan schepen
voor derzelver bemanning en pas.
sagiers, zal eene genoegzame voor-
raad daarvan geleverd worden.
Elke meer dan noodige hoeveel-
held koper, die mogt worden opge-
leverd, zal van tyd tot tyd, door de
Japansebe Regering in publieke
veiling worden verkocht.
"De, in Japan verblyf houdende
Amerikanen, zullen het regt heb-
ben, Japanners als dienstboden, of
in eenige andere hoedanigheid to
gebruiken.
Regten zullen worden ,betaald
san de Japansehe Regering, op alle
en bet Ryk gelande geederen, en
op alle, ain Japan voortgebragte
artikelen, die als lading, wotdon
uitgevoerd volgens het hierby ge-*
voegde tasref
TREATY WITH THE Ei)IR OF JAPAN. JuLT 29, 1858. lea5
If the Japanese eustom-house Indien de Japansehe tolbeamten,
omfers are dissatisfied with the met de door den eigenaar op eenige
value placed on any goods by the goederen geplaatste waarde onvol-
owner, they may place a value daia zyn, mogen zy daaraan eene
thereon, and offer to take the goods waarde geven, en aunbieden de
at that valuation. If the owner re- goederen volgens doze waardering
iuses to "accept the offer, he shall te nemen. By weigering van den
pay duty on such valuation. If the eigenar om het eanbod ann to no-
offer be accepted by the owner, the men, zal by de regten volgens zoo-
purchase-money shall be paid to danige waardering betalen.
him without delay, and without any Indien het aanbod door den elge-
abatement or discount. ussr worde sangenomen, sal hem
den inkoopsprys sonder uitstel, en
sender eenige vermindering of kort.
ingbetaad wo rden.
Supplies for the use of the United voor
eoorrad
de Marine der Supplies to
States navy may be landed at Kana- Vereenigde Staten, mug in Kana- Unite States
gawa, Hakodade, and Nagasaki, and gawa, Hakodade, en Nagasaki ge- Navy.
stored in warehouses, in the custody land, en in pakhuizenk, die onder de
of an officer of the American gov- verzekerde bewaring van een amb-
ernment, without the payment of tenaar der Amerikaonsche Regering
any duty. But, if any such supplies zyn, geborgen worden, zonder eenig
are sold in Japan, the purchaser regt te betalen. Maar zoo eenige
shall pay the proper duty to the zulke voorraad in Japan verkocht
Japanese authorities. worde, zal de inkeoper de bepaalde
regten, aan de Japansche overheden
betalen.
The importation of opium is pro- De invoer van opium is verboden, Importa.on
hibited, and any American vessel en zoo eenig, naar Japan, ten han- WnPreM "
coming to Japan for the purposes of del komend Amerikaansh ship,-Z
tzade, having more than three (8) meer dan (8) drie katjes (vier
catties (foar pounds avoirdupois) pond avoirdupois) gewigt aan opi-
weight of opium on board, such sur- um, aan boord heef, zal zoodanig
plus quantity shall be seized and overwigt door de Japansehe over-
destroyed by the Japanese au- heden, worden geval en vernield.
thorities. Al goods imported into Alle in Japan ingevoerde en de, Importsoe
Japan, and which have paid the du- by dit tractaat
| vastgestelde regten "'.a mnay hrs
sm
be
ty fized by this treaty, may be trns-betaald hebbende goederen, mogen jwpoA &s.
ported by the Japanese into any door de Japanners naar eenig gedeel
part of the empire without the pay- to van het Ryk worden vervoerd
ment of any tax, excise, or transit zonder eenige belasting, aecyns of
duty whatever. doorvoerregt hoegenaamd to beta-
len.
No higher duties shall be paid by Geene boogere dan by dit tra- -No bigher ds-
Americans on goods imported into taat vastgestelde regten, sullen door t16% &a-
Japan than are fixed by this treaty, Amerikanen op goederen, in Japan
nor shall any higher duties be paid ingevoerd betanald worden, noch zul-
by Americans than are levied on len de Amerikanen hoogere regten
the same description of goods if betalen, dan die, welke op gelyk-
imported in Japanese vessels, or the soortige, met Japansch schepen, of
vessels of any other nation. met de schepen van eenige andere
Natie ingevoerde goederen worden
geheven.
ARTIoLZ Y. VTIDD A3&TIKEL.

All foreip coin shall be cur- Alle vreemde munt, sal in Japan F
rent in Japan and pass for its corre- gangbaar zyn en evenveel golden,

HeinOnline -- 12 Stat. 1055 1855-1863

 from
1056 TREATY WITH THE "EMPIREoF "JAPAN. JuLY 29, 18"
spending weight of Japanese coin of
the same description. Americans
and Japanese may freely use foreign
or Japanese 6oin in making pay-
ments to each other.
hehange of As some time will elapse before
a. ofthe Japanese will be acquainted
with the value of foreign coin, the
Japanese government will, for the
period of one year after the opening
of each harbor, furnish the Ameri-
cans with Japanese coin, in exchange
for theirs, equal weights being given
and no discount taken for recoin-
Cois (except age. Coins of all description (with
coppe) may be the exception of Japanese copper
txptrted
Japan. oin) may be expoited from Japan,
and foreign gold and silver uncoin.
ed.
a TIOLU VL
Jursdletion Americans committing offences
over oenem. against Japanese shall be tried in
American consular courts, and when
guilty shall be punished according
to American law. Japanese com-
mitting offienoes against Americans
shall be tried by the Japanese au-
thorities and punished according to
Japanese law. The consular courts
shall be open to Japanese credit-
ors, to enable them to recover their
just claims against American citi-
zens, and the Japanese courts shall
in like manner be open to Amer-
ican citizens for the recovery of
their just claims against Japanese.
Forfeitures and All claims for forfeitures or pen-
penalties under alties for violations of this treaty,
Ibis trea5ty. or of the articles regulating trade
which are appended hereunto, shall
be sued for in the consular courts,
and all recoveries shall be delivered
to the Japanese authorities.
HeinOnline -- 12 Stat. 1056 1855-1863
ale een gelyk gewigt Japansche
munt van dezelfde soort.
Amerikanen, en Japanners, mo-
gen in het maken van betalingen
san elkander, vrylyk vreemde of
Japnche munt, gebruiken.
ar er eenige tyd zal verlooper:
voor dat de Japanners, met de
waarde van vreemde munt zullen
bekend zyn, zal de Japansche rge.
ring voor den tyd van eon jaar, na
de opening van iedere haven, den
Amerikanen, in ruil veer hune munt
Japansche munt verstrekken. Daar-
by sal gelyk gewigt .gegev-en, en
geene korting voor hermunting go-
nomen worden.
Ale soorten van munten (Japan-
ache koperen munt uitgezonderd)
en vreemd, ongemunt, goud en zil-
ver, mogen van Japan worden ulb-
gevoerd.
201Di ARXBL.
Amerikanen, overtredingen be-
gaande tegen Japanners, sullen
voor Amerikaansche consulaire
regts hoven to regt staan, en m-
dien schuldig bevonden, volgens do
Amerikaasche wet, worden ge-
straft.
Japanners, overtredingen begaan-
de tegen Amerikanen, zullen veer
de Japansehe overbeden to regt
staan, en volgens de Japanschq wet,
worden gestraft.
De consulaire geregts hoven zul-
len open zyn vor Japansche schul-
diesehers, ten einde hen in stoat te
stellen, hunne regtvaardige vorder-
ingen, tegen Amerikaansche bur-
gers te erlangen, en de Japansche
geregtshoven sullen gelykenwyze
veer Amerikaannche burgers open
zyn tot de erlanging hunner regt
vaardige vorderingen tegen' Japan-
ners.
Alle vorderingen veer verbeurd-
verklaringen of boeten, veer schen-
ding van dit tractaat of van do
hierby gevogde den handel rege-
lende artikelen, zullen ter geregte-
lyko vervolging, voor de consulaire
geregtshoven gebracht worden enal
hetgeen due verkregen is, san do
Japansche overheden worden
handigd.
 TUIMATY WITH THE EMPIRE OV JAPAN.
Neither the American or Japanese
governments are to be held respon-
sible for the payment of any debts
contracted by their respective iti-
zens or subjects.
ARTICLE VIL
In the opened harbors of Japan,
Americans shall be free to go, where
they please, within the following
limits:
At Kianagawa, the River Logo,
(which empties into the Bay of Yedo
between Kawasaki and Sinagawa,)
and (10) ten ri in any other direction.
At Hakodade, (10) ten ri in any
direction.
At Hiogo, (10) ten i in any di-
rection, that of Kioto excepted,
which city shall not be' approached
nearer than (10) ten ri. The crews
of vessels resorting to Hiogo shall
not cross the River Enagawa, which
empties into the Bay between Hiogo
and Osaca. The distances shall be
measured inland from Goyoso, or
town hall, of each of the foregoing
harbors, the ri being equal to (4,275)
four thousand two hundred and sev-
enty-five yards, American measure.
At Nagasaki, Americans may go
into any part of the imperial domain
in its vicinity. The boundaries of
Nee-e-gata, or the place that may
be substituted for it, shal be settled
by the American diplomatic agent
and the government of Japan. Amer-
icans who have been convicted of
felony, or twice convicted of mis-
demeanors, shall not go more
than (1) one Japanese ri inland
from the places of their respective
residences, and all persons so con-
victed shall lose their right of per- zieh niet verder dan (1) een Japan-
manent residence in Japan, and the
Japau~e authorities may require
them to leave the country.
A reasonable time shall be allow-
ed to all such ;ersons to settle their een redelyken tyd, ter regele hun-Ne ot
HeinOnline -- 12 Stat. 1057 1855-1863
JuLY 29, 1858. 1067
De Amerikaansche of Japashe Govenments
Regeringen, kannen niet ansprake- not to be epo-
lyk gehonden worden, voor de beta- citizens,o "
ling van door hunne wyderzydsche
burgers of onderdanen, asangegane
schulden.
2VENDB LRTI .
In de opengestelde Havens van Lmits.opqa-
Japan, zullen de Amerikanen vry e
zyn to gan waar het hun behaagt,
binnen de volgende-grenzen;
Te Kanagawa, de rivier Logo Kanagawa.
(die zich tusschen Kawasaki, en
Sinagawa, met de Baai van Jedo
vereenigt) en (10) fien ii, in iedere
andere rigting.
Te Hakodade, (10) tien i in Hakodadi.
iedere rigting.
Te Hiogo (10) tien ri, in iedere Blogo.
rigting, met uitzondering van die
van Kiot, van welke stad zy (10)
tlien 'ri, verwyderd zullen blyven.
De bemanning van naar Hiogo ko-
mende schepen zal de rivier Inaga-
wa, die zich tusschen Hiogo en
Osaea, met de Baai vereenigt, niet
overgaan.
De-aftanden zullen gemeten wor-
den overlands, van de Gojoso of het
stadhuis van ieder der voorgeande
'havens, de Ri gelyk zynde aan
(4,275) vierduizend twee honderd
vyf en zeventig yards, Amerikaan-
sche meat.
Te Nagasaki mogen de Amerika- NagasakL
nen, in ieder gedeelte van bet Kei-
zerlyki territoir gaan, dat in hare
omstreken gelegen is.
De grenzen van Ni-e-gata, of van
de plaats, die dezelve misschien zel
vervangen, zullen door den Amer- Who shall loew
kaanchen diplomatieken agent en right of perma
de Japansche Regering bepaald neat residene in
worden.
Wegens hoofdmisdaed of twee
maal wegens wangedrag veroordeeld
geweest zynde Amerikanen, zulleu
sehe A van hunner espective verblyf-
plaatsen binnens lands begeven, en
alle aldus veroordeelde personen
sullen hun regt van. voortdurend-
verblyf in Japan verhiezen, en de
Japansehe overheden sulen kunnen
vorderen, dat zy hot land verlaten.
Aan alle zoodanige personen, zal to Lvem
e a ftir.t
1058 TREATY WITH THE EMPIRE OF JAPAN. JuLY 29, 1858.
affairs, and the American consular
authority shall, after an examination
into the circumstances of each case,
determine the time to be allowed,
but such time shall not in any base
exceed one year, to be calculated
from the time the person shall be
free to attend to his affiirs.
AMTIOLE VIIL
nor zaken veroorloofd worden, en
de Ameriksansche consulaire over-
eid, zal, na de omstandigheden van
iedere zaak onderzocht te hebben,
den to verloven tyd bepalen ; maar
zoodanige tyd sal in geen geval een
jaar overschryden, to rekenen van
den tyd, de persoon vry zal zyn
syne zaken waarte nemen.
ACNTST ARTIKUL.

" *uglosfiee- Americans in Japan shall be allow-
dor. ed the free exercise of their relig-
ion, and for this purpose shall have
the right to erect suitable places of
worship. No injury shall be done
to such buildings, nor any insult be
offered to the religious worship of
the Americans. American citizens
shall not injure any Japanese temple
or mia, or offer any insult or injury
to Japanese religious ceremonies, or
to the objects of their worship.
The Americans and Japanese
shall not do anything that may be
calculated to excite religious animos-
ity. The government of Japan has
already abolished the practice of
trampling on religous emblem.
ARTICLE IX.
Aan Amerikanen in Japan zal de
vrye uitoefening hunner godadienst
veroorloofd zyn, en des wege sullen
zy et regt hebben, voegzame plant-
sen van aanbidding op te rigten.
Zoodanige gebouwen zullen niet be-
sehadigd noch eenige beleediging
der Godadienstoefening van de
Amerikanen worden aangedaan.
Amerikaanshe burghers sullen
geene Japansecbe tempel of mia
beschadligen, bf geene Japansche
godsdlenst plegtigheden, noch .de
voorwerpen hunner aanbidding,
eenige beleediging of beshaiging
aandoen.
De Amerikanen en Japanners
sullen niets doen, dat berekend mogt
zyn, godsdienstige verbittering op te
wekken. De Japansch Regering
heefte de gewoonte van op gods-
dienstige zinnebeelden te trappen,
reeds abgeschaft
qGUNDE ARTIKE.

Japanese When requested by the American Do Japansche overheden zullen

thorities wil au-
ar-
rest desertes on
consul, the Japanese authorities will op verzoek des Amerikaanschen
request, &o. cause the arrest of all deserters and consuls, alle wegloopers en vlugtelin-
fugitives from justice, receive in jail gen van het regt, doen vatten, alle,
all persons held as prisoners by the door den consul gevangen gehouden
consul, and give to the consul such personen doen inkerkeren, en den
assistance as may be required to en- consul zoodanigen bystand verleenen,
able him to enforce the observance als vereischt mag worden, om hem
of the laws by the Americans who in staat te stellen de wetten door do
are on land, and to maintain order san wal zynde Amerikanen te doen
among the shipping. For all such nakomen, en orde onder de schepen
service, and for the support of pris. te bewaren. Voor sile zulke dien-
oners kept in confinement, the con- sten, en voor het onderhoud van
sul shall in all cases pay a just in' hechtinis gehouden gevangenen,
compensation. zal de consul in alle gevallen eons
billyke vergoeding betalen.

ARTIOLE X., TIEFqDB ARTIKIIL.

JAWW S " The Japanese government may De Japansehe Ragering mag in

Prachas, or con. purchase or construct, in the United de Vereenige Staten koopen of

HeinOnline -- 12 Stat. 1058 1855-1863

 ,TREATY, WITH THE EMPIRE OF iAPAW
States, ships of war, steamers, mer- bouwen oorlogschepen, stoomsche- street,ship of
chant ships, whale ship., cannon, pen, koopvaardysehepen, walvisch- w, OLW
munitions of war, and arms of all vaarders, kanonnen, oorlogsbehoef- United State
kinds, and any other things it may
require. It shall have the right to
engage, in the United States, scien-
tific, naval and military men, arti-
sans of all kinds, and mariners to
enter into its service. All purchases
made for the government of Japan
may be exported from the United
States, and all persons engaged for
its service may freely depart from
the United States: Provided That
no articles that are contraband of
war shall be exported, nor any per-
sons engaged to act in a naval or
military capacity, while Japan shall
be ai war with any power in amity
with the United States.
ART;ICL*, XL
The articles for the regulation of
trade, which are appended to this
treaty, shall be considered as form-
ing a part of the same, and shall be
equally binding on both the contract-
ing parties to this treaty, and on
their citizens and subjects.
ARTICLE 3I
Such of the provisions of the
treaty made by Commodore Perry,
and signed at Kanagawa, on the
81st of March, 1854, as confict
with the provisions of this treaty
are hereby revoked; and as all the
provisions of a convention executed
by the consul-general of the United
States and the governors of Simoda,
onthe 17th ofJane,1857,areinoorpo-
rated in this treaty, that convention
is also revoked.
* The person charged with the di-
plomatic relations of the United
States in Japan, in conjunction with
such person or persons as may be
appoimted for that purpose by the
Japanese government, shall have
power to make such rules and reg.
VOL. = Tmu%-186
HeinOnline -- 12 Stat. 1059 1855-1863
,uLy *29, .188& isbo
'a
ten en ile soorten van wapenen en
andere zaken die zy mogt behoeven.
Zy zal het regt hebben wetenschap-
pelyke tot de marine behoorende en
militaire personen, ambachts lieden
van aile vakken, en zulieden, om in
haren dienst te treden, in de Ve-
reenigde Staten aan te nemen. Al
de voor de Japansehe Regering
gemaakte inkoopen mogen van de
Yereenigde Staten worden uitge- Ez7 tcoutn
voerd, en alle 'in haren dieust geno- band war.
men personen, mogen ongehinderd
de Vereenigde Staten verlaten.
Mits, dat, geene contrabande van
oorlog zynde artikelen, sullen uitge-
voerd, noch personen aangenomen
worden, om in eene tot de marine
behoorende, of militair betrekking te
handelens, tydens Japan in oorlog zal
syn, met eenige Mogenheid, in vrien-
schap met de Vereenigde Staten.
ULVDZ ARTIXEL
D, by dit Tractaat gevoegde ar- B"ntonso
tikelen, ter regeling des hande pied OrmPal
zullen bescbouwd worden eendeel treaty.
-daarvan nit to maken, en sullen voor
beide contracterende partyen van
dit Tractaat, en voor hunne burgers
en onderdanen, gelykgelyk verbia-
dend zyn.
TWAaLD AETIXIL.
Zulke der bepalingen van het oonsetf
door ,ommodore Perry gesloten, en o f
den 81ste Mart,1854, te Kanagawa 81 of arc
geteekende Traetat, als tegenstry- ed repeal-
dig syn met de bepalingen van dit Vol LP 6.97
Traetaat, worden by deze herroe-
pen, en daar al de bepalingen van
eepe den 17de Jany, 1857, tussehen VoL aL p. 15.
den Consul (ieneraal derVereenigde
Staten en de Gouverneurs van Si-
moda gesloten conventie, in dit trae-
taat zyn opgenomen zoo is ook die
conventie herroepen.
De persoon belast met de diplo- Rules maybe
matiekie betre ngen der Veree-
nigde Staten in Japan, zal en ver- effect.
band met zulke persoon of personen,
als tot dat einde door de Japansehe
Regering benoemed mogen worden,
de magt hebben zulke regels en re-
"1o06 'TKFAY 'WI~THFl MPME~ 07 JAPAN. JmVL 29,1858.
alations as may be required to arry
into full and complete effect th,e pro-
visions of this treaty, and th - pro-
visions of the articles regu lating
trade appended- thereunto.
ARTIOLZ XIIL
.Whe After the (4th of July, 1872,)
ayhb tenia fourth day of July, one theusand
eight hundred and seventy-two upon
the desire of either the Ameri an or
Japanese governments, and a a one
year's notice given by either: party,
this treaty, and such portions f the
treaty of Kanagawa as remain mie-
yoked by this treaty, together wit)
the regulations of trade herreunto
annexed, or those that may be here-
after introduced, shall be subj ect to
revision by commissioners app iinted
on both sides for this purpose, who
will be empowered to decide oj2,and
insert therein, such amendme its as
experience shall prove to be desra-
ble.
ARTZ= 2CIV.
When to take. This treaty shall go into effect
seoot. on the (4th of July, 1859,) fourth
day of July, in the year of our Lord
one thousand eight hundred and
fifty-nine, on or before which day
the ratifications of the same shall be
exchanged at the city of Washing-
ton; but if, from any unforeseen
cause, the ratifications cannot be ex-
changed by that time, the treaty
shal still go into effect at the date
above mentioned.
atioeatioS The act of ratification on the part
how vwilIl of the United States shall be verified
by the signature of the President
of the United States, countersigned
by the Secretary of State, and sealed
with the seal of the United States.
The act of ratification on the pan
of Japan shall be verified by the
name and seal of his Majesty the
Ty-Coon, and by the seals and sig-
natures of such of his high officers
as be may direct.
HeinOnline -- 12 Stat. 1060 1855-1863
galatien te maken als mogn worden
vereischt, om de bepalingen van dit
tractant, en de daarby gevoegde den
handel regelende artikelen, en vol-
ledige working te doen treden.
DZRTMIRDB AXTIK.-
Na den (4den July, 1872) vier-
den dag van July, eon duizend acht
honderd twee en zeventig, zal op
den wensch der Amerikaansche of
Japansehe Regeringen en nadat en
der twee partyen, ebn jaar voorken-
nis heeft gegeven, dit tractaat en
sulke gedeelten van het Tractaat
,van Kanagawa -als by dit trctanat
onherrepen blyven, to samen met
de hierby gevogde Handels R~gu-
latten, of die welke in den vervolge
mogten worden, ingevoerd, onder-
worpen zyn aan de herziening van
daartoe door beide kanten benoemde
Commissarissen, die gemagtdd zullen
zyn to beslissen en dsarby to voc-
gen, zoodanige verbeteringen, ale
door de ondervinding wenschelyk
sullen worden bevonden.
ViaTEINDC ARTIKE=.
Dit Traetaat zal den (4den July,
1859) vierden dag van July van het
Jaar onzes Heeren, eon duizend,
aeht honder4, negen en vyftig, in
working treden, op of vor welken
dag, do ratificatien daarvn, in do
Stad Washington zullen worden
uitgewisseld; maar indien wegens
Seemige onvoor-iene oorzaaX do rati-
ificacien niet binnen dien tyd kunnen
uitgewisseld worden, zal het tractant
toch op bovengemelden datum, in
working tredem
De acte van ratificatie sn den
Kant der Vereenigde Staten zal
worden geverifleerd door de hand-
teekening van den President der
Vereenigdo Ststen, gecontrasigneerd
door den Secretaris van Stsat en
gecaoheteerd met het zegel der Ve-
reenigde Staten.
Do aete van ratificatie, aan den
kant van Japan, zal worden geveri-
fleerd, door den naam en het cachet.,
Zyner Majesteit den Taikoen ea
door de cachetten en handteekenin-
gen zulker zyner Hooge ambtenaren,
als Hoogstdezelve mag verardene.
 TREATY WITH THE EXPIRE OF JAPAN. JULY 29, 1858.
This treaty is executed in quad-
ruplicate, each copy being written
in the English, Japanese, and Dutch
languages, all the versions having
the same meaning and intention, but
the Dutch version shall be consider-
ed as being the original
In witness whereof, the above-
named plenipotentiaries have here-
unto set their hands and seals, at the
city of Yedo, this twenty-ninth day
of July, in the year of our Lord one
thousand eight hundred and fifty-
eight, and of the independence of
the United States of America the
eighty-third, corresponding to the
Japanese era, the nineteenth day of
the sixth month of the fifth year of
Ansei Mina.
TOWNSEND HARRIS. [sEAL.]
Regultion under Wtoh iericw.
fade i to be conduted in Aipan.
EEGULATION FIRST.
Within (48) forty-eight hours
(Sundays excepted) after the arri-
val of an American ship in a Japa-
nese port. the captain or commander
shall exhibit to the Japanese custom-
house authorities the receipt of the
American consul, showing that he
has deposited the ship's register and
other papers, as required by the
laws of the United States, at the
American consulate, and he shall
then make an entry of his ship, by
giving a written paper, stating the
name of the ship, and the name of
the port from which she comes, her
tonnage, the name of her captain or
commander, the names of her pas-
sengers, (if any,) and the number
of her crew, which paper shall be
certified by the captain or command-
er to be a true statement, and shall
be signed by him; he shall at the
same time deposit a written mani-
fest of his cargo, setting forth the
marks and numbers of the packages
and their contents, as they are de-
scribed in his bills of lading, with the
HeinOnline -- 12 Stat. 1061 1855-1863
JOU1
Dit Tractant is gedaan, in quad-
ruplicast, ieder absehrift geshreven
zynde, in do Engelache, japansch,
en Hollandsche talen, al de vertalin-
gen de zelfde meening en cog merk
hebbende; maar de Hollandsehe
vertaling zal ale do oorspronkelyke
worden beshouwd.
Ter oirkonde waarvan, de boren- S4na
genoemde gevolmagtigden, deze heb- July 2.1 8.
ben geteekend, en hunne eachetten
daarop gesteld, in de Stad Jedo de-
zen negen en twintigsten dag van
July van het Jaar onzes Heeren, een
duizend, acht honderd, acht en vyf-
tig, en van de onafhankelykheid der
Vereenigde Staten van America hot
drie en tachtigste, overeenkomende
met de Japansche tydrekening den
negentienden dag der zesde maand
van het vyfde Jaar van Ansel Mma.
eoe ie, .ehpaAzmi-
Regultien mulr
kaanvcken Handel go.
drew,.zraluorden.
NERSTS REGULATIE.
Binnen (48) acht en veertig uren RegultIeon at
(Zondagen uitgezonderd) I& do eutm-hou5
aankomst van een Amesikaensch
schip in eene Japansche haven, zal
de Kapitein of gezagvoerdor, aan
de overheden van het Jap ansche
tolkantoor, den ontvangstbrief van
den Amerikaanschen consul ver-
toonen, vermeldende, dat hy bet
scheeps register, en andere papieren,
als door do wetten der Vereenigde
Staten vercischt, by het Ameri-
kaansche consulaat heeft gedepo.
neerd, hy zal als dan eene aagifte
van syn schip maken, door een ges-
chreen papier in te dienen, vermel-
deade den naam van het schip,
en den naam der haven, .waar
het van daan komt, de tonnemaat,
tlen nasm des kapiteins of gezag-
voerders, de namen der pasagiers
(zoo er zyn) en ht .getal der be-
manning dearvan, welk papier, door
den kapitein of gezagvoerder, zal
worden geeertifieerd, te zyn een
ware opgave, en door hem zal wor-
den onderteekend, by zal terzelfder
 062 TREAT! WITH THE EXPIRE OF JAPAN. JuLy 29, 1858.
names of the person or persons to, tyd een geschreven manifest zyner
whom they are consigned. A list of lading deponeeren, opgevende de
the stores of the ship shall be added marken en nommers der pakken, en
to the manifest. The captain or den inhoud daarvan, zoo als zy in
commander shall certify the manifest zyne connossementen beschreven
to be a true account of all the cargo zyn, met de namen des persoons of
and stores on board the ship, and personen, nan wien zyzyn geconsig-
shall sign his name to the same. If neerd. Eene lyst der scheeps roor-
any error is discovere4 in the maul- raad sal by bet manifest worden
fest, it may be corrected within (24) gevoegd. •
twenty-four hours (Sundays except- De kapitein of gezagvoerder zal
ed) without the payment of any het manifest certiflceren to zyn eene
fee; but for any alteration or post ware opgave der gansce lading en
entry to the manifest made after voorraad san boord van bet sehip,
that time, a'fee of ($15) fifteen dol- en dit met zyn naam onderteekenen.
ms shall be paidL All goods not Benige in het manifest ontdekte
entered on the manifest shall pay devaling, kan binnen (24) vier en
double duties on being landed. Any twintig urea (Zondagen uitgezon-
captain or commander that shall derd) zonder de betaling van eenige
neglect to enter his vessel at the douceur worden verbeterd; maar
Japanese custom-house within the voor eenige na dien tyd gemaakte
time prescribed by this .regulation verandering, of laten aangifte tot
shall pay a penalty of ($60) sixty he manifest, zal eene doneur van
dollars for each day that he shall so (15) vyftien dollars betnld wotden.
neglect to enter his ship. Al de niet in het manifest aange-
geven goederen, zullen wanneer zy
geland zyn, dubbele region betalen.
De kapitein of gezag.oefdet die
verzuimen sal syn schip by het Ja-
panache tolkantoor in te klaren,
binnen den door doze regulatie
voorsohreven tyd, zal eene boete
van (60) zestig dollars betalen, voor
iederen dag hy aldus verzuimen zal,
zyn whip In to klaren.

RKGULASION BSCOND. TWEEDE REGULATIM.

a - The Japanese government shall De Japansoke Regeriug sal hbt

u SGeff_ have the right to place custom-house regt hebben, aan boord van ieder
.bsdes e officers on board of any ship in their schip
in hare havens (oorlogsehepen
chat veek, ports (men-of-war excepted.) All uitgezonderd) tolbeambten te plaat-
custom-house officers shall be treat- son. Alle tolbeambten sullen be-
ed with civility, and such reasonable leefdelyk worden behandeld, en
accommodation shall be allotted to zulk redelykgerief, ale heb sefhip
them as the ship affords. No goods oplevert, zal hen worden verstrekt.
gods g of shall be unladen from any ship Tussehen do uren van son onder
tween the hours of'sunset'and be-
sun- en opganq, sullen geene goederen
rise, except by special permission itde senepen gelst worden be-
of the custom-house authorities, and halve op byzonder verlof van do
the batches, and all other places of overheden van bet tolkantoor, en de
entrance into that part of the ship luiken en ale andere plaatsen van
where the cargo isstowed, may be toegang tot dat gedeelte van bet
secured by Japanese officers, be- sebip, waar de lading geborgen is,
tween the hours of sunset and sun- snogen tussehen de uren van zon
rise, by affixing seals, locks, or other onder en opgang, door Japansche.
fastenings; and if any persn shall, ambtenaren versekerd zyn, door
without due permisdon, open any dezelve met zegels, sloten of andere'
entrance that has been so secured, middeleai van vastmaking te voor '
or shall break or remove any seal, zien, en indien iemand zonder be-

HeinOnline -- 12 Stat. 1062 1855-1863

 TREATY WITH THE EMPIRE QF JAPAN. Ju x 29, 1858.
lock, or other fastening that has been
affixed by the Japanese custom-
house officers, every person so of-
fending shall pay a fine of ($60)
sixty dollars for each offence. Any
goods that shall be discharged or
attempted to be discharged from
any ship, without having been duly
entered at the Japanese custom-
house, as hereinafter provided, shall
be liable to seizdre and confiscation.
Packages of goods made up with
an attempt to defraud the revenue
of Japan, by concealing therein arti-
cles of value which are not set forth
in the invoice, shall be forfeited.
Ameriean ships that shall smug-
gle, or attempt to smuggle, goods in
any of the non-opened harbors of
Japan, all such goods shall be forfeit-
ed to the Japanese government, and
the ship shall pay a fine of ($1,000)
one thousand dollars for each of-
fence. Vessels needing repairs may
land their cargo for that purpose
without the payment of duty. All
goods so landed shall remain in
charge of the Japanese authorities,
and all just charges for storage, la-
bor, and supervision shall be paid
thereon. But if any portion of such
cargo be sold, the regular duties
shall be paid on the portion so dis-
posed of. Clirgo may be tranship-
ped to another vessel in the bame
harbor without the payment of
duty; but all transhipments shall be
made under the supervision of Jap-
anese officers,-and after satisfactory
proof has been given to the custom-
house authorities of the bona fie
nature of the transaction, and also
under a permit to be granted for
that purpose by such authorities.
The importation of opium being
prohibited, if any person or persons
shall smuggle, or attempt to smug-
gle, any opium, he or they shall pay
a fine of ($15) fifteen dollars for
each catty of opium so pmuggled or
attempted to be smuggled; and if
HeinOnline -- 12 Stat. 1063 1855-1863
1068
hoorlyk verlof, eenige aldus veze-
kerde toegang mogt openen, of eenig
zegel, slot of ander middel van vast-
making, waarmede zy door de Ja-
pansche tolbeambten voorzien is,
mogt breken of wegnemen, zoo zal
elk aldus overtredend persoon, eene
boete van (60) zestig dollars, voor
iedere overtreding betalen.
Goederen, die glost sullen wor-
den of beproefd om gelost te worden
uit een schip, zonder dat daarvan de
behoorlyke sangifte, by het Japan-
sche tolkantoor is gedaan, als by
deze hieronder bepaald, sullen on-
derhevig zyn aan vatting en ver-
beurdverklaring.
Pakken goederen, opgemaakt met FrAu& on
bet oogmerk om de Staats inkom- reveue how
sten van Japan te benadeelen, door Ptun8d.
daarin artikelen van waarde die niet
in de faktuur zyn opgegeven, te
verbergen, sullen verbeurd ver-
klard zyn.
Amerikaaseh shepen die got-
deren zsllen smokkelen, of beproe-
yen te mokkelen, in eenige der
niet geopende havens van Japan,
alle zoodanige goederen sullen san
de Japasche Regering verberd
verklaard syn, en bet schip zt eene
boete van (1,000) een duizend dol-
tars voor iedere overtreding beta-
len.
Herstelling beno~ligende schepen,
mogen tot dat einde hunne lading
landen, zonder regten te betalen.
Alle aldus gelande goederen zullen
onder de bewaring der Japansche
overheden blyven, en alle billyke
kosten voor pakhuis, huur, arbeid,
en *psigt zullen daarvoor worden
betaald; maar indien eenig gedeelte
van zulke lading verkocht wordt,
zullen de bepnalde regten, op, let
zoo verkochte gedeelte worden be.
taald. Lading mag, zonder regten
te betalen, nsar een ander schip
in dezelfde haven worden overge-
seheept; maar alle oversehepingen
sullen onder opzigt van Japansche
nmbtenaren geschieden, en nadat
ann de overheden van het tolkan.
toor voldoende proef is verstrekt,
van den suiveren aard der verrg-
ting, aismede onder een verlofbrtef,
tot dat elude door zoodanige overhe-
den, te worden afgegeven.
Daar de invoer van opinm, ve.
10" 0.TREATY WITH TiE MXPIME OF JAPAn. 'Jix
more than one person shall be en-
gaged in the offence, they shall col-
lectively be held responsible for the
payment of the foregoing penalty.
3=GULATION TURD.
The owner or consignee of any
goods, who desires to land them,
shall make an entry of the same
at the Japanese custom-house. The
entry shall be in writing, and shall
set forth the name of the person
making the entry, and the name of
the ship in which the goods were
imported, and the marks, numbers,
packages, and contents thereof,-with
the value of each package extended
separately in one amount, and at
the bottom of the entry shall be
placed the aggregate yalue of all the
goods contained in the entry. On
each entry the owner or consignee
shall certify, in writing, that the en-
try then presented exhibits the act-
ual cost of the. goods, and that
nothing has been concealed whereby
the customs of Japan would be de-
frauded; and the owner or con-
signee shall sign his name to such
ertilcate.
The original invoice or invoices
of the goods so entered shall be
presented to the custom-house au-
thorities, and shall remain in their
posssion until they have examined
the goods contained in the entry.
The Japanese officers may ex-
amine any or all of the packages so
entered, and for this purpose may
take them to the oustom-house, but
such examination shall be without
expense to the importer or injury
to the goods, an4 after examination,
the Japanese shall restore the goods
to their original condition in the
HeinOnline -- 12 Stat. 1064 1855-1863
29,1858.
boden is, zal de persoon of perso
nen, die opium smokkelen, of bepro.
even zullen te smokkelen, hy of my,
eene boete van (15) vyftien dollars
betalen voor ieder kattje opium moo
gesmokkeld of beproefd te worden
gesmokkeld, en indien meer dan
een persoon in de overtreding be-
trokken is zallenlzy to samen geno-
men, voor de betaling der voor-
gaande boete aasprakelyk worden
gehouden.
DIMDZ REGULATIlL
De eigenaar van op de persoon
aan wien goederen geonsigneerd
zyn, die dezelve wenscht te landen
al eene aangifte daarvan by het
Japansch tolkantoor indienen. De
aaugifte zal schriftelyk zyn, vermel-
dende den naam van den persoon
die de aangifte maakt, en den naam
van bet schip waarmede de goede-
ren syn ingevoerd, en de merken,
nommers, pakken, en den inhoud
darvan, met de waarde van ieder
pak afzonderlyk, in sen beloop
damp gesteld, en hetgezamenlyk
bedrag van al de, in de aangifte be-
vatte goederen zal san den voet
der aangifte worden geplatst. In
iedere aangifte sal de eigenar of
de persoon san wien de goederen
geonsigeerd zyn, schriftelyk cer-
tificeeren, dat de aangifte als dan
aangeboden de wesenlyke prys der
goederen vertoout, en dat niets
waardoor de Japansehe regten zou-
den benadeeld worden, achterhou-
den is, en do eigenaar of do persoon
nan wien de goederen geconsigneerd
zyn, zal zoodanig certifieaat, met
zyn nam onderteekenen.
De oorspronkelyke factuir of fso.
turen van aldus aangegeven goede-
ren zullen nan de overheden van
het tolkantoor worden aangeboden
en tot dat zy de, in de nangifte ver-
melde goederen onderzocht hebben,
in hun bezit bliven. De Japansche
beambten mogen eenig of alle aldus
aangegeven pakken onderzoeken, en
dezelve, tot dat einde, naar het tol-
kantoor voeren; maar zulk onder-
zoek sal zonder onkosten vor den
nvoerder, of beschadiging " der
goederen geschieden, en na onder-
zoek mullen de Japanners de goedo-
 TREATY WITH THE EMPIRE OF JAPAN. Jumr 29, i858. 1065
packages, (so far as may be practi. ren in bunne oorspronkelyke go-
cable,) and such examination shall steldheid, weder in de pakken doen
be made without any unreasonabIt (zoover ala zulks doenbaar is) en
delay. zoodanig onderzoek zal zonder eenig
onredelyk oponthoud plaats vinden
If any owner or importer discovers i Indien de eigenaar of invoerder
that his goods have been damaged ontdekt dab zyne goederen op de
on the voyage of importation before invoerreis beschadigd zyn geworden
such goods have been delivered to voordat zoodanige goederen nan
him, he may notify the custom-house hem overhandigd zyn, kan hy de
authorities of such damage, and he overheden van bet tolkantoor, van
may have the damaged goods ap- zoodanige schade kennisgeven, en de
praised by two or more competent beshadigde goederen laten schatten
and disinterested persons, who, after door twee of meer des kundige en
due examination, shall make a cer- onpartydige personen, welke na be-
tificate setting forth the amount per hoorlyk onderzoek een certificast
cent. of damage on each separate zullen maken, bet schadebeloop van
package, describing it by its mark eider afzonderlyk pak, per cents
and number, which certificates shall gowys opgevend, on dit met bet
be signed by the appraisers in pres- merk en nommer daarvan beschry-
ence of the custom-house -author- vend welk certificaat, in tegenwoor-
ities, and the importer may attach digheid der overheden van bet tol-
the certificate to his entry, and kantoor door de shatters, zal worden
make a corresponding deduction onderteekend, en de invoerder mag
from it. But this shall not prevent het certifieat by zyne aang fe
the custom-house authorities from voegen, en eene overeenkomende
appraiving the goods in the manner som daarvan aftrekken. MW dit
provided in article fourth of the zal de overheden van het tolkantoor
treaty, to which these regulations niet beletten, do goederen te schat-
are appended. ten als bepaald by het vierde artikel
des traceats, waar deze regulation
zryn bygevoegd. •
Afder the duties have been paid, Na de betaling der regten zal de
the owner shall receive a permit eigenaar eon verlofbrief ontvan-
authorizing the delivery to him of gen, de overgave der goederen, of
the goods, whether the same are at zy zich in bet tolkantoor of san
the custom-house or on ship-board. boord van bet schip bevinden, aan
All goods intehded to be exported hem magtigond.
shall be entered at the Japan. All goederen bestemd, om uitge-
ese custom-house before they are voerd te worden, zullen voor dat
placed on ship-board, The entry sy aan boord gebragt zyn, by bet
shall be in writing, and shall Japansche tolkantoor worden aan-
state the name of the ship by gegeven.
which the goods are to be exported, De aanglf zal schriftelyk zyp,
with the marks and numbers of the en den naam van het schip waarin
packages, and the quantity, deserip- de goederen zullen worden uitg-
tion, and value of their contents. voerd, met de merken en nommers
The exporter shall certify in writing der pakken, en de hoeveelheid, aard
that the entry is a true account of en waarde, van derzelve inhoud
all the goods contained therein, and vermelden.
shall sign his name thereto. Any De uitvoerder sal schriftelyk cer-
g that are put on board of a ship tificeren dat de sangifte eene ware
fbr exportation before they have qpgave is, van al de daarin bevatte
been entered at the custom-house, goed en dit met zyn naam on-
and all packages which contain pro- derteeenen.
hibited articles, shall be forfeited to Goederen, die voordat zy, by et
the Japanese government. tolkantow zyn angegeven, san
boord van eon seip zyn gebragmt
om uitgevoerd te worden, on aile

HeinOnline -- 12 Stat. 1065 1855-1863

UO teSS
tRAty WITH TnE FmPIRllg orF uAAx
No entry at the custom-house shall
be required for supplies for the use
of ships, their crews, and passengers,
nor for the clothing, &., of passen.
ge.
REGULATION FOURTH.
Chrmae of Ships wishing to clear shall give
VON" (24) twenty-four hours' notice at
the custom-house, and at the end of
that time they shall be entitled to
their clearance; but if it be refused,
the eustom-ihouse authorities shall
immediately inform the captain or
consignee of the ship of the reasons
why the clearance is refused, and
they shall also give the same notice
to the American consul.
Ships of war of the United States
shall not be required to enter or
clear at the custom-house, nor shall
they be visited by Japanese custom-
house or police officers. Steamers
carrying the mails of the United
States may enter and clear on the
same day, and they shall not be re-
quired to make a manifest, except
for such passengers and goods as
are to be landed in Japan. Butsuch
steamers shall, in all eases, enter
and clear at the custom-house.
Whale ships touching for sup-
plies, or ships in distress, shall not be
required to make a manifest of their
cargo; but if they subsequently wish
to trade, ibhey shall then deposit a
manifest, as required in regulation
first.
The word ship, wherever it oc.
curs in these regulations, or in the
treaty to which they are attached,
is to be held as meaning ship,
barque, brig, schooner, sloop, or
steamer.
REGULATION FIFTH.
rauds on Any person signing a false deola-
Pa&V. ration .or certificate with the intent ring of certiftcaat odderteekent, ten
HeinOnline -- 12 Stat. 1066 1855-1863
JO 29, Am5.
pakken, die verboden artikelen in-
houden, sullen aan de Japan3che.
regering verbeurd verklaard zyn.
ehoeflen voor de schepen voor
hunne bemanning en passagiers, of
de klcederen enz van passagiers,
behoeven niet by bet tolkantoor
aangegeven to worden.
VIERDE REGUL"TIE.
Schepen, die nit wenschen to
klaren, ullen (24) vier en twintig
uren voorkennis, by bet tolkantoor
geven, en op bet elude van dion
tyd, zullen zy regt op hunne uitkla-
-ring hebben; maar by weigering
van dien, zullen de overheden van
het tolkantoor den kapitein, of den
persoon, aan wien bet achip gecon-
signeerd is, onmiddelyk de redenen
van de weigering der uitklaring op-
geven, en zulks insgelyks ter ken-
nis van den Amerikaanschen con-
sul brengen.
Oorlogschepen der Vereenige
Staten, behoeven niet by bet tolkan-
toor in of uit to klaren, noch sullen
sy door de Japansch tol of politie
beambten, bezocht worden.
Stoomsebepen, de post der Ve-
reenigde Staten vervoorend, mogea
op denzelfden dag in en uitklaren,
en zullen geen manifest behoeven te
maken, behalve voor xulke passa-
giers en goederen, ale to Japan ge-
land zullen wordei. Iaar zooda-
nige stoomsehepen zullen, in ieder
geval, by het tolkantoor in en uit-
kiaren.
Walvischvaarders, die om voor-
rad binnen loopen, of in nood syn
de schepen, sullen geen manifest
hunner lading beboeven to maken,
maar zoo zy vervolgens handel
wenschen te dryven, zullen zy ale
dan een manifest deponeeren, als
by Eerste Regulatle vereischt,
Het woord schip, waar het in
deze Regulation, of in het tracteat
warby zy gevoegd zyn ook voor
moge komen, moetgehouden worden
to beteekenen, schip, bark, brik,
schooner, sloop of stoomschip.
VIlDE REGULATIM
Jemand, die eene valsehe verkla-
 TREATY WfM THE EMPIRE OF JAPAM
to defraud the revenue of Japan
shall pay a fine of ($125) one bun-
dred and twenty-five dollars for
each offence.
Juzr4*,r ISM
emnde do Japansehe Statb inkom-
sten to benadeelen, sal voor ledere
overtreding, eene boote van (125)
een honded, vry en twintig dollars
betalen.

REGULATION SIXTE. ZISDB RGULATIE.

No tonnage duties shall be levied Geene tonnegelden zllen op No toenage

on American ships in the ports of
Japan, but the following fees shall
be paid to the Japanese custom-
house authorities: For the entry of
a ship ($15) fifteen dollars. For the
clearanee of a ship ($7) seven dol-
lars. For each permit ($1*) one
dollar and a hilf. For each bill of
health ($1f) one dollar and a half.
For any other document ($1j) one
dollar and a half.
Amerikasasehe schepen, in de Ja- dutisa
panalh havens geheven worden;
mas do volgend douceurs, zullexi -Fes.
aan de ovehede van *et Japanr
sche tolkantoor, worden betaal
Voor bet inklaren van een. schip
(15) vyfUen dollars. Voor bet uit-
klaren van een ship (7) zeven dol-
lars. Voor iederen verlof brief (1j)
een en een halve dollar. Yoor
iederen gezondheidsbrief (1i) een
en een halve dollar. Voor ieder
ander document (1) een en een
halve dollar.

REGULATION SZVENT. ZYVENDZ RZGULATIL

Duties shall be paid to the Ja- Op aIle in bet Ryk gelande goe- Tulffof dutlu
panese government on all goods deren, zullen aan de Japansche Re-
landed in the country according to gering regten worden betaald, vol-
the following tariff: gens bet volgedde.

(ass One.--ll articles in this Kans .- Alle in deze klasse GIN 1.

elass shall be free of duty.
Gold and silver, coined or un-
coined.
Wearing apparel in actual use.
Household furniture and printed
books not intended for sale, but the
property of persons *who come to
reside .Japan.
Cfau wo.-A duty of (5) five
per cent. shall be paid on the fol- vyf per cent., zal op de volgende
lowing articles :
All articles used for the purpose
of building, rigging, repairing, or fit- herstellen of uitrusten van schepen,
fing ut of ships&
Whaling gear of all kinds.
Salted provisionm of all kinds.
Bread and breal
Living animals of all kinds.
Coals.
Timber for building houses.
Rice.
Paddy.
Steam machinery.
Zinc.
V*L. xm TmAT.-187
vermelde artikelen sullen rogeen
vry zyn, Goud en silver, gemunt of
ongemunt. Kleederen in tegen-
woordig gebruik. Huisraad en ge-
drukte boeken, niet bestemd om
verkocht to worden, maar die het
eigen4om zyn,'van, naar Japan ten
verblyf komende personen.
anuse Twe.-Een rege van (5) Class 2.
artikelen worden betaald.
Alle vor bet bouwen, takelen,
gebruikt wordende artikelen.
Ale soorten van Walvischtuig.
ADle soorten van gemouten eetwa-
ren.
Brood en broodstoffen.
Alle soorten van levende dieren.
Steenkolen.
Timmerhout voor het bouwen
van huizen.
Ryst.
Padie.
Stoom machinede.
Zinc.

HeinOnline -- 12 Stat. 1067 1855-1863

 1068
I TREATY WITH THE EMPIRE OF JAPAN. Juix 29, 1858.
Tin. Loo&.
Raw 9L. Ruwe Zyde.
.um& Clan !larme-A duty of (85) Mae Dye.,-R-en regt van (85)
thirty-five per cent. shall be paid vyf endertig per cent., zal worden
on all intoxicafing liquors, whether betdald op alle de zinnen beneve-
prepared by distillation, fermenta- lende dranken, door distillatie, gi-
tion, or in any other manner. sting, of op eenige andere wyze, be-
reid.
Chs 4 Cas our.-All goods not in-
eluded in any of the preceding Maw .Ver.-Alleen enige der
classes shall pay -a duty of (20) voorgande klassen, niet vermelde
twenty per cent. goederen, zullen een regt van (20)
Exports All articles of Japanese produc- twintig per cent. betalen.
tion, which are exported as cargo, Behalve gouden en zilveren munt
shall pay a duty of (5) five per ,en koper in staven, zullon alle, in
cent, with the exception of gold Japan, voortgebragte artikelen, die
and silver coin and copper in bars. als lading, worden uitgevoerd, een
(5) Five years after the opening of regt van (5) vyf per cent. betalen.
Kanagawa the import and export Vyf jaren na de openstelling van
duties shall be subject to revision Kanagawa zullen de in en uitgaan-
if the Japanese government desires de regten aan herziening onderwor-
it. pen zyn, indien de Japansehe rege-
TOWNSEND HARRIS. [L. 8.) ring zulks verlangt.
latfieatkss
eeaged at And whereas the said treaty has been duly ratified on both parts,
. .... and the respective ratifications of the same were exchanged at Washing-
A, I . ton on the 22d inst. by Lewis Cass, Secretary of State of the United
States and Simme Boozen no Kami, Muragaki Awadsi no Kami, and
Ogure Bungo no Kami, Evoys Extraordinary and Ministers Plenipo-
tentiary of his Majesty the Ty-Coon of Japan, on the part of their re-
spec ve governments :
Psoamaton, Now, therefore, be it known that I, JAMES BUCHANAN, Presilent
iXay 88. of the United States of America, have caused the said treaty to be
made public, to the end that the same, and every clauso and article
thereof, may be observed and fulfilled with good faith by' the United
States and the citizens thereof.
In witness whereof, I have hereunto set my hand and caused the seal
of the United States to be affied.
Done at the city of Washington, this twenty-third day of
May, in the year of our Lord one thousand eight hundred
swL.]. and sixty, and of the independence of the United States
of America the eighty-fourth. JAMES BUCHANAN.
By the President:
Lu C As, &crear of &ate

HeinOnline -- 12 Stat. 1068 1855-1863

 .OvETOsno iwITH CJIuA.--Novmun 8, 1858.

O&,M eeoen ib (Ated 12ta"and Oh'na fOr As Regulation of Novembs r,1.

Trade. Coluded ovmber 8,1858.
WH L .ASa treaty of peace, amity, and commerce between the Ta Prsible
Tsing Empire and the United States of America was concluded at
Tientsin, and signed at the Temple of Hai-Kwang on the eighteenth day
of June, in the year of our Lord one thousand eight hundred and fifty-
eight, corresponding with the eighth day of the fifth moon of the eighth
year of Hienfung: which said treaty was duly ratified by His Majesty
the Emperor of China on the third day of July following, and which
has been now transmitted for ratitcation by the President of the United
States, with the advice and consent of the Senate: and whereas in the
said treaty it was provided among other things that the tariff of duties
to be paid by citizens of the United States on the export and import of
goods from and into China shall be the same as was agreed upon at the
treaty of Wang-his, except so far as it may be modified by treaties with
other nations, it being expressly agreed that citizens of the United States
shall never pay higher duties than those paid by the most favored na-
tions: and whereas since the signature of the said treaty material modi-
fications of the said tariff and other matters of detail connected with and
having relation to the said treaty have been made under mutual discus-
sions by commissionews appointed to that end by the Plenipotentiaries of
China, Great Britain, and France, to which the assent of the United
States of America is desired and now freely.given,'it has been determined
to record such assent and agreement in the form of a supplementary
treaty, to be as binding and of the same efficacy as though they had been
inserted in the original treaty.
ARTioLz L The tariff and regulations of trade and transit hereunto Tambeqs
attached, bearing the seals of the respective Plenipotentiaries of the attached, to be
United States and the Ta Tsing Empire, shall henceforward and until
duly altered under the provisions of treaties be in force at the ports and
places open to commerce.
In faith whereof the respective Plenipotentiaries of the United States petracting
of America and of the Ta Tsing Empire, to wit, on the part of the United P .t*
States, William B. Reed, Envoy Extraordinary and Minister Plenipo-
tentiary; and on the part of the Ta Tsing Empire Kweiliang, a member
of the Privy Council, Captain-Geneml of the Plain White Banner Di-
vision of the Manchu Bannermen, and Superintendent of the Board of
Punishments; and Hwashana, Classical Reader at Banquets, President
of the Board of Civil Office, Captain-General of the Bordered Blue Ban-
ner Division of the Chinese Bannermen, both of them Plenipotentiaries;
with Ho Kwei-tsing, Governor-General of the two Kiang Provinces,
President of the Board of War, and Guardian of the Heir-Apparent;
Minghen, President of the Ordnance Office of the Imperial Household,
with the Insignia of the Second Grade; and Twan, a titular Presi lent'
of the Fifth Grade, member of the Establishment of the General Coun-
cil, and one of the junior under Secret .ies of the Board of Punishments,
all of them special Imperial Commissioners deputed for the purpose, have
signed and sealed 'these presents.
Done at Shanghai this eighth day of November, in the year of our Sigatatm.
Lord one thousand eight hundred and' fifty-eight, and the Independence

HeinOnline -- 12 Stat. 1069 1855-1863

100 "OONVENTION WITH O .&, 1NovuTflft '15
of the United States of America the eighty-third, and in the eighth year
of Hienfung the tenth month and third day.-
WILLIAM B. REED. [sOX..]
KWEILIANG.
HWASHANA.
HO KWEI-TSING. [sLr.3
MNGSHEN.
TWAN.

TARIFF ON IMPORTS.
T. 3L. C. 0.
Tarlff o n- Agar-4a,per 100cattes .........................
.0 1 5 0
port. Asafoetida, do .......................... 0 6 5 0
Beeswax, yellow, per 100 eattes ..................... 1 0 0 '0
Betelnut, do ..................... 0 1 5 0
Betelnut, husk, do ..................... 0 0 7 5
Bicho de Mar, black, do ..................... 1 5 0 0
Do white, do ...................... 0 a 5 0
Bird nests, lot quality, per catty ........... 0 5 5 0
Do 2d do do .................... 0 4 5 0
Do 8d do or uncleaned, per catty ........... 0 1 5 0
Buttons, brass, p gross .........................0 0 5 5
Camphor, baroos, clean, per catty .................... 1 8 0 0
Do. refuse, do .................... 0 7.2 0
Canvas and cotton duck, not exceeding fifty yards long, per
piece .................................. 0 4 0 0
Cardamoms, superior, per 10 catties ................ 1 0 0 0
Do. inferior, or grains of Paradise, per 100 tatties 0 5 0 0
Cinnamon, per 100 catties ......................... 1 5 0 0
Clocks, 5 per cent. ad valorem.
Cloves, per 100 catties ............................ 0 5 0 0
Cloves, mother, pdr 100 catties ...................... 0 1 8 0
Coal, foreign, per ton .......................... 0 0 5 0
Cochineal, per 100 cattles .............. ... 5 0 0 0
Cral,per catty ................ , ................... 0 1 0 0
Cordage, Manila, per 100 catties.............. .. 0 8 5 0
Cornelians, per 100 stones ....................... 0 8 0 0
Do beads, per 100 catties .................... 7 0 0 0
Cotton, raw, per 100catties ............. 6.......... 0 8 5 0
Cotton piece goods, gray, white, plain, and twilled, exceed-
ing 84 inches wide, and not exceeding 40 yards long,
per piece .................................... 0 0 8 0
Cotton piece goods, exceeding 84 inches wide, and exceed-
ing 40 yards long, per every 10 yards ............ 0 0 2 0
Cotton piece goods, drills and jeans, not exceeding 80 inches
wide, and not exceeding 40 yards long, per piece.... 0 1 0 0
Cotton piece goods, drills and jeans, not exceeding 80 inches
wide, and not exceeding 80 yards long, per piece.... 0 0 7 5
Coton piece goods, T cloths not exceeding 34 inches wide,
and not exceeding 4Q yards long, per piece ......... 0 0 8 0
Cotton piece goods, T cloths, not exeeding 84 inches wide,
and not exceeding 24 yards long, per piece....... .. 0 0 4 0
Cotton, dyed, tigured, and plain, not exceeding 86 inches
wide, and not exceeding 40 yards long, per piece .... 0, 1 5 0
Cotton, fancy, white brocade and white spotted ahirtings,
not exceeding 86 inches wide, avd not exceeding 40
yards long, per piece . .. .... 0.1 0. 0

HeinOnline -- 12 Stat. 1070 1855-1863

 COO"VE=fOx WITH (HINA. NovxznUR 8, 1858. 1071

T. M. C. C.
Cotton, printed chintzes and furnitures, not exceeding 81 Taanimpo*
inches wide, and not exceeding 80 yards long, per
piece ........................................ 0 0 7 0
Cotton cambrics, not exceeding 46 inches wide, and not
exceeding 24 yards long, per piece ............... 0 0 7 0
Cotton cambrics, not exceeding 46 inches wide, and not
exceeding 12 yards long, per piece ............... 0 0 8 5
Cotton muslins, not exceeding 46 inches wide, and not ex-
ceeding 24 yards long, per piece ................. 0 0 7 5
Cotton muslins, not exceeding 46 inches wide, and not ex-
eeding 12 yards long, per piece................. 0 0 8 5
Cotton danasks, not exceeding 88 inches wide, and not
exeeeding 40 yards long, per piece ............... 0 2 0 0
Cotton dimities, or quiltings, not exceeding 40 inches wide,
and not exceeding 12 yards long, per piece ......... 0 0 6 5
Cotton ginghams, not exceeding 28 inches wide, and not
exceeding 80 yards long, piece ............... 0 0 8 5
Cotton handkerchiefs, not exceeding one yard square, per
dozen ....................................... 0 0 2 5
Cotton fustians, npt exceeding 85 yards long, per piece... 0 2 0 0
Cotton velveteens, not exceeding 84 yards long ......... 0 1 5 0
Cottgn. thread, per 100 catties ....................... 0 7 2 0
Do yarmperl00catties ......................... 0 7 0 0
Cow bezoar, Indian, per catty ....................... 1 5 0 0
*oCutch, perl00eaties .............................. 0 1 8 0
Elephants' teeth, whole, per 100 eatties ................ 4 0 0 0
Do do broken, do do ................ 8 0 0 0
Feathers, kingfisher's, peacock's, per 100 .............. 0 4 0 0
Fishmaws, per 100 catties....................... 1 0 0 0
Fishskin, do .......................... 0 2 0 0
Flints, do .......................... 0 0 8 0
Gambler, do .......................... 0 1 5 0
Gamboge, do .......................... 1 0 0 0
Ginseng, American crude, per 100 catties.............6 0 0 0
Do elarified, do ............... 8 0 0 0
Glass, window, per box of 100 square feet ............. 0 1 5 0
Glue, per 100 cattes ............................... 0 1 5 0
Gold thread, real, per catty ......................... 1 6 0 0
Do imitation, per catty ..................... 0 0 8 0
Gum, benjamin, per 100 catties .................... 0 6 0 0
Do oil of, per 100cattes ................... 0 6 0 0
Gum, dragon's blood do .................. 0 4 5 0
Guan, myrrh do ................... 0 4 5 0
Gum, olibanum do ................... 0 4 5 0
Hides, buffalo and cow do ................... 0 5 0 0
Hides, rhinoceros do ................... 0 4 2 0
Horns, buff'alo do ................... 0 2 5 0
Horns, deer do ................... 0 2 5 0
Horns, rhinoceros do ................... 2 0 0 0
Indigo, liquid do ................... 0 1 8 0
Isinglass do ................... 0 6 5 0
Lacqueredware do ................... 1 0 0 0
Leather do ................... 0 4 2 0
Linen, dne, as Irish or Scotch, not exceeding 50 yards long,
per piece .............. ! 5 0 0
Linen, coarse, as linen and cotton, or silk and linen mix-
ture, not exceeding 50 yards long, per piece ....... 0 2 0 0
Lucraban seed, per 100 catties ...................... 0 0 8 5

HeinOnline -- 12 Stat. 1071 1855-1863

1072 CONVENTION WITH CHINA. Novoora 8, 1858.
T. M. 0. 0.
TarlWnimpof Mace ............. 1 0 0 0
Mangrove bark ............................. 0 0 8 0
Metals, copper, manufactured, as in sheets, rods, nails, per
100catties ................................... 1 5 0 0
Metals, copper, unmanufactured, as in slabs, per 100 cat-
ties ......................................... 1 0 0 0
Metals, copper, yellow metal sheathing and nails, per 100
catties ...................................... 0 9 0 0
Metals, copper, Japan, per 100 catties ............... 0 6 0 0
Metals, iron, manufactured, as in sheets, rods, bars, hoops,
per 100catties ............................... 0 1 2 5
Metals, iron, unmanufactured, as in pig, per 100 catties.. 0 0 7 5
Metals, iron, kentledge, per 100 catties ............... 0 0 '1 0
Do wire do ............... 0 2 5 0
Metals, lead, in pigs do ............... 0 2 5 0
Do in sheets do ............... 0 5 5 0
Metals, quicksilver do ............... 2 0 0 0
Metals, spelter, saleable only under regulation appended,
per lOOcatties ................................ 0 2 5 0
Metals, steel, per 100 catties... .................. 0 2 5 0
Metals, tin do ..................... .. 1 2 5 0
Metals, tinplates do ........................ 0 4 0 0
Mother o' pearl shel, per 100 catties................0 2 0 0
Musical boxes, 5 per cent. ad valorem.
Mussels, dried, per 100 catties ....................... 0 2 0 0
Nutmegs do ....................... 2 5 0 0
Olives, unpickled, salted, or pickled, per 100 catties ...... 0 1 8 0
Opium, per 100catties ............................. 80 0 0 0
Pepper, black, per 100 catties ....................... 0 8 6 0
Pepper, white do ....................... 0 5 0 0
Prawns, dried. do ....................... 0 8 6 0
Putchuck do ....................... 0 6 0 0
Rattans do ....................... 0 1 5 0
Rose maloes do ....................... I 0 0 0
Salt fish do ....................... 0 1 8 0
Satpetre, saleable only under regulation appended, per 100
catties ....................................... 0 5 0 0
Sandalwood,perl00catties ...................... 0 4 0 0
Sapanwood do ..................... ..... 0 1 0 0
Sea-horseteeth do ......................... 2 0 0 0
Shark's fins, black, per 100 cattles ................... 0 5 0 0
Do white do .................... 1 5 0 0
Shark's skins, per hundred .......................... 2 0 0 0
Silver thread, real, per catty ........................ 1 8 0 0
Do. imitation,per catty ................... 0 0 8 0
Sinews, buffalo and deer, per 100 catties ............. 0 5 5 0
Skins, fox, large, each .......................... 0 1 5 0
Skins, fox, small, each ......................... 0 0 7 5
Skins, marten, each ... :......................... 0 1 5 0
Skins, sea otter, each ............................. 1 5 0 0
Skins, tiger and leopard, each..................... 0 1 5 0
Skins, beaver, per hundred............... 5 0 0 0
Skins, doe. hare, and rabbit, per hundred............ 0 5 0 0
Skins, squirrel do .............. 0 5 0 0
Skins, and otter do .............. 2 0 0 0
Skins,raeoon do .............. 2 0 0 0
Smaltsper hundred catties ....................... 1 5 0 0
Snuff, foreign, per hundred catties................. .7 2 0 0

HeinOnline -- 12 Stat. 1072 1855-1863

 CONVENTION WITH CHINA. Novums 8, 1858. 10738
r. X. 0. 0.
Sticklac, per hundred eatties ....................... 0 3 0 0 Taiff on iInpor,
Stockfibb, do do ........................ 050 0
Sulphur and brimstone, saleable only under regulation ap-
pended ...................................... 0 0 0
Telescopes, spy and opera glasses, looking-glasses, and mir-
rors, 5 per cent. ad valorem.
Tiger's bones, per 100 caties .................... 0
Timber, masts and spars, hard-wood, not exceeding 40 feet
each................................. 0
Timber, masts and spars, hard-wood, not exceeding 60 feet
each ... .eac................................. 0
Timber, masts and spars, hard-wood, exceeding 60 feet each 1 0
Timber, masts and spars, soft-wood, not exceeding 40 feet
each .................................. 0
Timber, masts and spars, soft-wood, not exceeding 60 feet
each.................................... 0
Timber, masts and spars, soft-wood, exceeding 60 feet each 0
Timber, beams, hard-wood, not exceeding 26 feet long and
under 12 inches square, each .................... 0150
Timber, planks, hard-wood, not exceeding 24 feet long,
12 inches wide, and three inches thick, per 100 ..... 8500
Timber, planks, hard-wood, not exceeding 16 feet long,
12 inches wide, and three inches thick, per 100 .....
Timber, plank, soft-wood, per 1,000 square feet .........
Timber, plank, teak, per. cubic foot ....................
Tinder, per 100 cattes .............................
Tortoise shell, per catty ............................
Tortoise shell, broken, per catty .....................
Umbrellas, each ..................................
Velvets, not exceeding 84 yards long, per piece .........
Watches, per pair .................................
Watches, 6mailldes k perles, per pair ..............
Wax, Japan, per 100 catties ........................
Woods, camagon, per 100 catties ....................
Do ebony, per 100 catties .... ...............
Do garroo, per 100 catties .......................
Do fragrant, per 100 catties ......................
Do kranjee, 85 feet long, 1 foot 8 inches wide, and 1 foot
thick, each ..............................
Do laka, per 100 catties .........................
Do red, do do ........................
Woollen manufactures, viz: blankets, per pair ..........
Woollen broadcloth and Spanish stripes, habit and medium
cloth, 51 a 64 inches wide, per chang ........
Woollen, long ells, 81 inches wide, per chang ...........
Woollen camlets, English, 81 inches wide, per chang.....
Woollen carlets, Dutch, 88 inches wide, per chang..
Woollen camolets, imitation and bomazettes, per .hang ....
Woollen cassimeres, flannel, and narrow cloths, per chang.
Woollen lastings, 81 inches wide, per chang ............
Woollen lastings, imitation and Orleans, 84 inches wide,
per chang ...................................
Woollen bunting, not exceeding 24 inches wide, 40 yards
long, per piece .................................
Woollen and cotton mixtures, viz: lustres, plain and bro-
caded, not exceeding 81 yards long, per piece ......
Woollen, inferior Spanish stripes, per chang ............
Woollen yarn, per 100 catties. .......................

HeinOnline -- 12 Stat. 1073 1855-1863

1074 CONVENTION WITH CHINA. NOTM01M 8, 1858.
Tadf
T oT.
e- TARIFF ON EXPORTS.
K. 0.
Alum, per 100cattes .............................. 0 0 4 5
Alum, green or copperas, per 100 catties .............. 0 1 0 0
Aniseed, star, per 100catties ..................... 0 5 0 0
Aniseed, broken, do do ...................... 0 2 5 0
Aniseed, oil, do do ........................ 5 0 0 0
Apricot seeds, or almonds, per 100 cattles.; ............ 0 4 5 0
Arsenic, per 100 catties ............................ 0 4 5 0
Artificial flowers, per 100 cattles ..................... 1 5 0 0
Bamboo ware, perl00catties. ....................... 0 7 5 0
Bangles, or glass armlets, per 100 catties .............. 0 5 0 0
Beans and peas, (except from New Chwang and Tang
Chow,) per 100 catties ......................... 0 0 6 0
Bean cake, (except from New Chwang and Tang Chow,)
per 100 eatties ................................ 0 0 8 5
Bone and horn ware, per 100cattles .................. 1 5 0 0
Brass buttons, do .................. 8 0 0 0
Brass foil, do .................. 1 5 0 0
Brass ware, do .................. 1 0 0 0
Brass wire, do .................. I 1 5 0
Camphor, per 100 catties ........................... 0 7 5 0
Canes, per thousand ............................... 0 5 0 0
Cantharides, per l00catties ......................... 2 0 0 0
Capoorcutchery, do ......................... 0 8 0 0
Carpets and druggets, per hundred .......... : ........ 8 5 0 0
Cassia lignea, per 100 catties ...................... 0 6 0 0
Casskabuds, do ........................ 0 8 0 0
Cassia twigs, do ........................ 0 1 5 0
Cassia oil, do ........................ 9 0 0 0
Castor oil do ........................ 0 2 0 0
Chestnuts, do ......................... 0 1 0 0
China root, do ........................ 0 1 8 0
Chinaware, fine, do ........................ 0 9 0 0
Do coarse, do ....................... 0 4 5 0
Cinnabar, per 100 eattes .......................... 0 7 5 0
Clothing, cotton, per 100 catties ..................... 1 5 0 0
Do silk, do . ..................... 10 0 0 0
Coal, do ...................... 0040
Coir, do ..................... 0 1 0 0
Copper orei do ..................... 0 5 0 0
Copper sheathing, old, per 100 cattles ................. 0 5 0 0
Copper and pewter ware, per 100 catties ............. 1 1 5 0
Corals, false, per 100 eattles ..................... 0 8 0 5
Cotton, raw, do ........................ 0 8 0 5
Cotton rags, do ........................ 0 0 4 5
Cow Bezoar, per catty ............................. 0 8 6 0
Crackersflreworks, per 100 eatties .................. 0 5 0 0
Cubebs, per 100 eattles ............................ 1 5 0 0
Curiosities, antiques, 5 per cent, ad valorem.
Dates, black, per 100 eatties ........................ 0 1 5 0
Dates, red,, do ........................ 0 0 9 0
Dye, green, per catty .......................... 0 8 0 0
Eggs, preserved, per thousand.................... 0 8 5 0
Fans, feather, per hundred ...................... 0 7 5 0
Fans,paper, do ......................... 0 0 4 5
Fans, paln leaf,trimmed, per thousand .............. 0 8 6 0
Do untrimmed, do .............. .0 2 0 0
Feltcuttings, perl0cattes ........................ 0 1 0 0

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 CONVENTION WITH CHINA. Novmmu 8, 1858 1075
T. I. 0.
Felt caps,
per hundred............................ I 2 0 Tar~ffaempwal.
Fungus, or agarie, per 100 catties .................... 0 6 0
G l gal, do .................... 0 1 0
Garlic, do .................... 0 0 5
Ginseng, native, 5 per cent. ad valorem.
Ginseng, Corean or Japan, first quality, per catty ...... 0 5 0
Do ,do second do ...... 0 8 0
Glass beads, per 0eatties ....................... 0 5 0
Glass, or vitrified ware, per 100 catties ............... 0 5 0
Grass cloth, fine, do ............... 2 5 0
Do coarse, do ............... 0 7 0
Ground nuts, do ............... 0 1 0
Do cake, do .............. 0 0 0
Gypsum, ground, or plaster of Par, per 100 .atties ...... 0 0 0*
Hair, camels, per 100 catties ........................ . 1 0 0
Hair, goats, do ........................ 0 1 0
Hams, do ........................ 0 5 0
HartaU1, or orpiment, per 100 catties .................. 0 8 0
Hemp, per 100 catties ............................. 0 8 0
Honey, do . ............................. 0 9 0
Horns, deers, young, per pair ....................... 0 9 0
Do old, per 100 catties .................... 1 8 0
IndLa ink, do .................... 4 0 0
Indigo, dry, do ................... 1 0 0
Ivory ware, per catty .............................. 0 1 0
Joss sticks, per 100 catties .......................... 0 2 0
Kittysols, or paper umbrellas, per hundred ............. 0 5 0
Lacquered ware, per 100 catties ..................... 1 0 0
Lamp wicks, do ..................... 0 6 0
Lead, red, (minium) do ..................... 0 8 0
Lead, white, (eeruse) do ..................... 0 8 0
Lead, yellow, (massicot) do ..................... 0 8 0
Leather~articles, as pouches, pures, per 100 catties . 1 5 0
Leather, green, per 100 catties ..................... 1 8 0
Lichees, do ...................... 2 0
Lily flowers, dried, do ...................... 0 2 0
Lily seeds, or lotus nuts, per 100"eatties .............. 0 5 0
Liquorice, do ............... 0 1 5
Lung-ngan, do ............... 0 2 0
Lung-ngan, without the stone, do ............... 0 8 0
Manure cakes, or poudrette, do ............... .0 0 0
Marble slabs, do ................ 0 2 0
Mats of all kinds, per hundred ....................... .0 2 0
Matting, per roll of 40 yards ....................... 0 2 0
Melon seeds, per 100 catties ..................... 0 1 0
Mother o' pearl ware, per catty ..................... 0 1 0
Mushrooms, per 100 catties ......................... 1 5 0
Musk, per catty .................................. 0 9 0
Nankeen and native cotton cloths, per 100 catties....... 1 6 0
Nutgalls, per 100 catties ........................... 0 5 0
Oil, as bean, tea, wood, cotton, and hemp seed, per 100
eatties ...................................... 0 8 0
Oiled paper, per 100 catties .................... t.... 0 4 0
Olive seed, do ......................... 0 8 0
Oyster shell, a shell, per 100 catties.................0 0 0
Paint, green.... ............................ 0 4 0
Palampore, or eotton bedquilts, per hundred ............ 2 7 0
Paper, first quality, per 100 cafties ................. 0 7 0
VOL. UlL TBAT.-188

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1076 CONVENTION WITH CHINA. NovmBEzt 8, 1858.
T. K. 0. C.
raff on export& Paper, second quality, per 100 cates. ............. 0 4 0. 0
Pearls, false, do .............. 2 0 0 0
Peel, orange, do .............. 0 8 0 0
Peel, pumelo, first quality, do .............. 0 4 5 0
Peel, pumelo, second quality, do .............. 0 1 5 0
Peppermint leaf, do .............. 0 1 '0 0
Peppnt oil, d..o .............. 8 5 0 0
Pictures and paintings, each ..................... 0 1 0 0
Pictures on pith or rice paper, per hundred ............ 0 1 0 0
Pottery, earthenware, per 100 catties ................. 0 0 6 .0
Preserve, comfits, and sweetmeats, per 100 catties ....... 0 5 0 0
Rattans, split, per 100 catties ........................ 0 2 5 0
Rattan ware, do- ........................ 0 8 0 0
Rhubarb, do ........................ 1 2 5 0
Rice or paddy wheat, millet, and other grains, per 100
catties .................................. 0 1 0 0
Rugs of hair or skin, each ............... 0 0 9 0
Skamshoo, per 100 catties. ...... 0 1 5 0
Sandal-wood ware, per catty ........................ 0 1 0 0
Seaweed, per 100 catties .......................... 0 1 5 0
Sesamumceed, do .......................... . 0 1 8 5
Shoes and boots, leather or satin, per one hundred pairs.. 8 0 0 0
Shoes, straw, per one hundred pairs .................. 0 1 8 0
Silk, raw and thrown, per 100 catties ................. 10 0 0 0
Silk, yellow, from Szechuen, per 100 catties ............ 7 0 '0 0
Silk, reeled from Dupions, do ............ 6 0 0 0
Silk, wild raw, do ............ 2 5 0 0
Silk, refuse, do ............ 1 0 0 0
Silk, cocoons, do ............ 8 0 0 0
Silk, floss, Canton, do ............ 4 8 0 0
Silk, floss, from other provinces, do ............ 10 0 0 0
Silk, ribbons and thread, do ............ 10 0 0 0
Silk, piece goods, pongees, shawls, scarfs, crape, satin, gauze
velvet and embroidered goods, per 100 catties ...... 12 0 0 0
Silk, piece goods, Szechuen and Shantung, per 100 catties. 4 5 0 0
Silk, tassels, per 100 catties ......................... 10 0 0 0
.Silk, caps, per hundred ............................ 0 9 0 0
Silk and cotton mixtures, per 100 catties .............. 5 5 0 0
Silver and gold ware, do .............. 10 0 0 0
Snuff, do .............. 0 8 0 0
Soy, do .............. 0 4 0 0
Strawbraid, do .............. 0 7 0 0
Sugar, brown, do .............. 0 1 2 0
Sugar, white, do .............. 0 2 0 0
Sugar, candy, do .............. 0 2 5 0
Tallow, animal, per 100 eatties ...................... 0 2 0 0
Tallow, vegetable, per 100 catties ................... 0 8 0 0
Tea, per 100 catties ............................... 2 5 0 0
Tin foil, per 100 catties ............................ 1 2 5 0
Tobacco, prepared, per 100 catties ................... 0 4 5 0
Tobacco, leaf, per 100 catties......................... 0 1 5 0
Tortoise shell ware, per catty ........................ 0 2 0 0
Trunks, leather, per 100 eatties .................... 1 5 0 0
Turmoric, per.100 catties ........................ 0 1 0 0
Twine, hemp, Canton, per 100 atties ................ , 0 1 5 0
Twine, hemp, Soochow, per 100 catties ................ 0 5 0 0
Turnips, salted, per 100 catties ..................... 0 1 8 0
Varnish, or crude lacquer, per 100 aties ........... 0 5 0 0

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 CONVENTION WITH CHINA. Novzmir 8, 1858. 1077

T. I. 0. 0.
Vermicelli, per 100 caies ..................... 0 1 8 0 TaMoUXPots.
Vermillper 1O0aiies ................ .... 2 5 0 0
Wax, white or inset, per 100 atties .................. 1 5 0 0
Wood, piles, poles, and joists, each .................... 0 0 8 0
Wood, ware, per 100 eatties ......................... I 1 5 0
Wool, perl00 catties .............................. 0 8 5 0
WILLIAM B. REED, (sz.".]

RULE L
Unnumeraed Goods goods.
Articles not enumerated in the list of exports, but enumerated in the
list of imports, when exported, shall pay the amount of duty set against
them in the list of imports; and similarly, articles not enumerated in the
list of imports, but enumerated in the list of exports, when imported, will
pay the amount of duty set against them in the list of exports.
Articles not enumerated in either list, nor in the list of duty free goods,
shall pay an ad vaorem duty of five per cent, calculated upon their mar-
ket value.
RULE I.
Duty Free Good& Go,%diy
Gold and silver bulion, foreign coins, flour, Indian meal, sago, biscuit,
preserved meats, and vegetables.
Cheese, butter, confectionery.
Foreign clothing, jewelry, plated ware, perfumery, soap of all kinds.
Charcoal, firewood, candles, (foregn,) tobacco, (foregn,) cigars, (for-
eigs.)
Wine, beer, spirits, household stores, ships' stores, personal baggage,
stationery, carpetting, druggetting, cutlery, foreign medicines, and glass
and crystal ware.
The above commodities pay no import or export duty; but, if trans-
ported into the interior will, with the exception of personal baggage, gold
and silver bullion, and foreign coins, pay a transit duty at the rate of two
and a half per cent. ad vaorenm.
A freight or part freight of duty free goods (personal baggage, gold and
silver bullion, and foreign coins excepted) will render the vessel carrying
them, though no other be on board, liable to tonnage dues.
RULE Mli.

orab d Goo&. Conmabnd.

Import and export trade is alike prolibited in the following articles:
Gunpowder, shot, cannon, fowling-pieces, rifles, muskets, pistols, and all
other munitions and implements of war, and salt.

RULE IV.
Weights and Meastre.. Weightsmd
In the calcuations.of the tariff the weight of a pecul of one hundred mmeaiiL
catties is held to be equal to one hundred and thirty-three and one third
pounds avoirdupois, and the length of a chang of ten Chinese feet to be
equal to one hundred and forty-one English inches.
One Chinese chii,is held to equal fourteen and one tenth inches Eng-
lish, and four yards English, less three inches, to equal one ch g.

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1078 CONVENTION WITH CHINA. NOvnrn 8 1858.
RULE V.
Restrictions re- Regarding certain Commodi ie eresofore
rd om awsm
laxed on
The restrictions affecting trade in opium, cash, grain, pulse, sulphur,
brimstone, saltpetre, and spelter, are relaxed under the following condi-
tions:
Opium, 1. Opium will henceforth pay thirty taels per peoul import duty. The
importer will sell it only at the port. It will be carried into the interior
by Chinese only, and only as Chinese ploperty; the foreign trader will
not be allowed to accompany it. The provision of the treaty of Tient-
sin, conferring privileges by virtue of the most favored clause, so far as
respects citizens of the United States going into the interior to trade or
paying transit duties, shall not extend to the article of opium, the transit
duties on which will be arranged as the Chinese Government see fit; nor
in future revisions of the tariff is the same rule of revision to be applied
to opium as to other goods.
Copper eah, 0. Copper cashL - The export of cash to any foreign port is prohibit-
ed; but it shall be lawful for citizens of the United States to ship it at
one of the open ports of China to another on compliance with the follow-
lg regulation: The shipper shall give notice of the amount of cash he
desires to ship, and the port of its destination, and shall bind himself,
either by a bond with two sufficient sureties, or by depositing such other
security as may be deemed by the customs satisfactory, to return, within
six months from the date of clearance, to the collector at the port of ship-
ment, the certificate issued by him, with an acknowledgment thereon of
the receipt of cash at the port of destination by the collector at that port,
who shall thereto affix his seal; or, failing the production of the certifi-
cate, to forfeit a sum equal in value to the cash shipped.
Cash will pay no duty inwards or outwards but a freight, or' part-
freight of cash, though no other cargo be on board, will render the vessel
-carrying it liable to tonnage dues.
Rice and other 8. The export of rice and all other grains whatsoever, native or for-
sn, eign, no matter where grown or whence imported, to any foreign port, is
prohibited; but these commodities may be carried by citizens of the
United States from one of the open ports of China to another, under the
same conditions in respect to security as cash, on payment at the port of
shipment of the duty specified in the tariff.
No import duty shall be levyable upon rice or grain, but a freight or
part freight of rice or grain, though no other cargo be on board, will ren-
der the vessel importing it liable to tonnage dues.
Pals and 4. Pdse. -The export of pulse and bean cake from Tang-Chau and
been cake, Nin-Chwang under the American flag is prohibited. From any of the
other open ports they may be shipped, on payment of the tariff duty,
either to other ports of China or to foreign countries.
satpetre, 9u- 5. Saltpetre, sulphur, brimstone, and splter, being deemed by the
pthur, Chinese to be munitions of war, shall not be imported by citizens of the
United States save at the requisition of the Chinese government, or for
sale to Chinese duly authorized to purchase them. No permit to land
them shall be issued until the customs have proof that the necessary au-
thority has been given to the purchaser. It shall not be lawful for citi-
zens of the United States to carry these commodities up the Yang-tsz-
Kiang, or into any port other than those open on the sea-board, nor to
accompany them into the interior on behalf of Chinese. They must be
sold at the ports only, and, except at the ports, they will be regarded as
Chinese property.
Infetions of Infractions of the conditions, as above set forth, under which trade in
conditions to opium, cash, grain, pulse, sulphur, brimstone, saltpetre, and spelter may*
eof be henceforward carried on, will be punishable by confiscation of all the
goods concerned.

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 CONVENTION WITH CHINA. Novunmn 8, 185& 1079
RULE VL

,abilty of Venl .,teringPort

For the prevention of misunderstanding, it is agreed that American.veswels bit'eof
enterin
vessels must be reported to the Consul within twenty-four hours, counting Port,
from the time the vessel comes within the limits of the port, and that the
same rule be applied to the forty-eight hours allowed by article 19 of the
treaty to remain in port without payment of tonnage dues.
The limits of the ports shall be defined by the customs, with all consid- Lits of POf.
eration for the convenience of trade, compatible with due protection of
the revenue; also, the limits of the anchorages within which lading and
discharging are permitted by the customs, and the same shall be notified
to the Consuls for nublie information.

RULE VII.
7ansit Dues.
It is agreed that the amount of transit dues legally levyable upon mer- Tranit due
handise imported or exported shall be one half the tariff duties, except Amount.
in the case of the duty free goods liable to a transit duty of two and a
half per cent. ad valorem, as provided in No. 2 of these Rules.
Merchandise shall be cleared of its transit dues under the following
regulations:
In the case of imports. Notice being given at the port of entry from Import.
which the imports are to be forwarded inland of the nature and quantity
of the goods, the ship from which they have been landed, and the place
inland to which they are bound, with all other necessary particulars, the
collector of customs shall, on due inspection made, and on receipt of the
transit duty due, issue a transit duty certificate. This must be produced
at every barrier station, and visded. No further duty will be levyable
upon imports so certificated, no matter how distant the place of their
destination.
In the ease of exports. Produce purchased by a citizen of the United mpetw
States in the interior will be inspected and taken account of at the first
barrier it passes on its way to the port of shipment. A memorandum,
showing the amount of the produce, and the port at which it is to be
shipped, will be deposited there by the person in charge of the produce.
He will then receive a certificate, which must be exhibited and vis6ed at
every barrier on his way to the port of shipment. On the arrival of the
produce at the barrier nearest the port notice must be given to the cus-
toms at the port, and the transit dues due thereon being paid it will be
passed. On exportation the produce will pay the tariff duty.
Any attempt to pass goods inwards or outwards, otherwise than in Pena1mdyr v
compliance with the rule here laid down, will render them liable to con- Won o these
fiscation. Unauthorized sale in tranaituof goods that have been entered rides.
as above for a 'port will render them liable to confiscation. Any attempt
to pass goods in excess of the quantity specified in the certificate will
render all the goods of the same denomination named in the certificate
liable to confiscation. Permission to export produce which cannot be
proved to have paid its transit dues will be refused by the customs until
the transit dues shall have been paid.

RULE VIM

Awdk woith the Capita

It is agreed that no citizen of the United States shall have the privi- Trade with the
lege of entering the capital city of Peking for the purposes of trade. Capi1t.

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10D80 CONVENTION WITH CHINA. NovzEBzR 8, 1858.
RULE IX.
Abd litiof of tke Afeltage Fee.
feltsge f6 It is agreed that the per centage of one tael, two mace hitherto charged,
bllhed in excess of duty payments, to defray the expenses of melting by the
Chinese Governmenkt, shall no longer be levied on citizens of the United
States.
RULE XL
Colc'o of Duties under one System at al Pors.
System of col. It being, by treaty, at the option of the Chinese Government to adopt
letion Of dntls6, what means appear to it best suited to protect its revenue accruing on
American trade, it is agreed that one uniform system shall be enforced at
every port.
The high officer appointed ly the Chinese Government to superintend
foreign trade will -cc,'vdingly from time to time, either himself visit, or
will send a deput- .. isit, the different ports. The said high officer will
be at liberty of his own choice, independently of the suggestion or nomi-
nation of any American authority, to select any citizen of the United
States he may see fit to aid him in the administration of th( Pustoms rev-
Prevention of enue, in the prevention of smuggling, in the definition of port. undari,-q,
smuggling, or in discharging the duties of harbor-master; also, in the distribution )f
Lights, bea. lights, buoys, beacons, and the like, the maintenance of which shall be
cons. &. provided for out of the tonnage dues.
The Chinese government will adopt what measures it shall find requi-
site to prevent smuggling up the Yang-tsz-Kiang, when that river shall
be open to trade.
WILLIAM B. REED, [swxr,.

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 CONVENTION WITH CHINA. Novumn 8, 185& 1081

Vontvemion eween the United &Sta and China for the Adjufenent
of Caim. Concluded November 8,1858. NovembrS,185&
Ix order to carry into effect the Convention made at Tien-tsin by the Preamble.
High Commissioners and Plenipotentiaries respectively representing the
United States of America and the Ta Taing Empire, for the satisfaction
of claims of American citizens, by which it was agreed that one fifth of
all tonnage, import, and export duties payable on American ships and
goods shipped in American vessels at the ports of Canton, Shanghai, and
Fuh-chau, to an amount not exceeding six hundred thousand taels, should
be applied to that end; and the Plenipotentiary of the United States,
actuated by a friendly feeling towards China, is willing, on behalf of the
United States, to reduce the amount needed for such claims to an aggre-
gate of five hundred thousand taels, it is now expressly agreed by the
high contracting parties in the form of a supplementary Convention, as
follows :

AxTIOLR I. That on the first day of the next Chinese year the Col- Debentures to
lectors of Customs at the said three ports shall issue debentures to the amount of
50000 tac8 to
amount of five hundred thousand taes, to be delivered to such persons be se; in fal
as may be named by the Minister or chief diplomatic officer of the United liquidation of all
States in China, and it is agreed that the amount shall be distributed as l of Amer-
follows: Three hundred thousand taels at Canton, one hundred thousand Distribution.
taels at Shanghai, and one hundred thousand taels at Fuh-chau, which
shall be received in payment of one fifth of the tonnage, export, ond
import duties on American ships, or goods in American ships at the said
ports, and it is agreed that this amount shall be in full liquidation of all
claims of American citizens at the various ports to this date.
In faith whereof the respective Plenipotentiaries of he United States Contraftg
of America and of the Ta-Tsing Empire; that is to say, on the part of padU.
the United States, William B. Reed, Envoy Extraordinary and Minister
Plenipotentiary, and on the part of the Ta-Tsing Empire -
Kweiliang, a member of the Privy Council, Captain-General of the
Plain White Banner Division of the Manchu Bannermen, and Superin-
tendent of the Board of Punishments, and Hwashana, Classical Reader
at Banquets, President of the Board of Civil Office, .Captain-General
of the Bordered 'Blue Banner Division of the Chinese Bannermen, both
of them Plenipotentiaries, with Ho-Kwei-tsing, Governor-General of the
two Kiang Provinces, President of the Board of War, and Guardian of
the Heir-Apparent; Mingshen, President of the Ordnance Office of the
Imperial Household, with the Insignia of the Second Grade, and Twan,
a titular President of the Fifth Grade, member of the Establishment of
the General Council, and one of the Junior under Secretaries of the
Board of Punishments, all of them special Imperial Commissioners de-
puted for the purpose, have signed and sealed these presents.
Done at Shanghai this eighth day of November, in the year of our Signature.
Lord one thousand eight hundred and fifty-eight, and of the Independence
of the United States the eighty-third, and in the eighth year of Hienfung,
the tenth month and third day. WILLIAM B. REED. [szA.]
KWEILIANG.
HWASHANA.
HO-KWEI-TSING. [sEA.]
MINGSHEN.
TWAN.

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HeinOnline -- 12 Stat. 1082 1855-1863
 CONVENTION WITH CHILE. NovmuR 10, 1858. 1083

Conmtion between tas United S&at of America and tis Republi of

ONl Arbitration of Macedonian Claims. Concuded at Santiago,
November 10, 1858. Rat(1ed, August 4, 185D. .FchangedOctober 15,
1859. Pro imed by th President of the United States, December 22,
1859.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: Nov. 10, is.s

A PROCLAMATION.
WHaFras a convention, providing for the reference to an arbiter of the Preamble.
questions relative to a sum of money, the proceeds of the cargo of the
brig Macedonian, between the United States of America and the Republic
of Chile, was concluded and signed by their respective plenipotentiaries
at Santiago, on the tenth day of November, one thousand eight hundred
and fifty-eight; which convention, being in the English and Spanish lan-
guages, is, word for word, as follows:
Convention between the United Convencion entre la Republica de
States of America and the Re- Chile i los Estados-Unidos de
public of Chile. America.
The government of the United El Gobierno de la Republica de Contraeting
States of America and the govern- Chile i el Gobierno de los Estados- Partie
ment of the Republic of Chile, desir- Unidos de Am6rica, deseando arreg-
ing to settle amicably the claim lar amistosamente la reclanmacion cinim to be
made by the former upon the latier entablada por el segundo .contra el settled.
for certain citizens of the United primero, k nombre de ciertos ciuda-
States of America, who claim to be danos de los Estados-Unidos que
the rightfbl owners of the silver. in pretenden ser los legitimos duefios
coin and in bars forcibly taken from de la plata sellada i en barra violen-
the possession of Captain Eliphalet tamente quitada al Capitan Eliphalet
Smith, a citizen of the United States Smith ciudadano de los Estados-
of America, in the valley of Sitana, Unidos de Amdrica, en el valle de -
in the territory of the former Vice Sitana, territorio del antigno Virei-
Royalty of Pern, in the year 1821, nato del Perd, en el aflo 1821, por
by order of Lord Cochrane, at the drden de Lord Cochrane, h la sazon
time Vice Admiral'of the Chilean Vice-Almirante de Ia Eseuadra de
Squadron--have agreed, the former Chile; ban convenido en nombrar,
to name John Bigler, Envoy Ex- el primero 6 Don Gerdnimo Urme- Nxeptatam
traordinary and Minister Plenipo- neta, Ministro de Estado en los De-
tentiary of the United States of partamentos del Interior i de Rela-
America, and the latter Don Gdro- ciones Exteriores, i el segundo al
nimo Urmeneta, Minister of State in Sefhor Juan Bigler, Enviado Extra-
the Department of the Interior and ordinario i Ministro Plenipotenciario
of Foreign Relations, in the name de los Estados-Unidos de Amdrica,
and in behalf of their respective pam que A nombre de sue respecti-
governments, to examine said claim vos Gobiernos examinen dicha recla-
and to agree upon terms of arrange- macion i acuerden los tdrminoe de
ment just and honorable to both gov- un arreglo justo i honroso pam am-
ernments. bos Paises Dichos Plenipotencia-
The aforesaid plenipotentiaries, rice, despues de haber canjeado sue Zzcang of
after having exchanged their fll respectivos Plenos-Poderes i halla- powe.
powers, and found them in due and doles en buena i debida forma, sin-
VOL. XI. TREAT,-19

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:1084 ONViNTW! 'WiTK HILL
-1034
good- form, sincerely desiring to pre-
,serve intact and strengthen thd
friendly relations which happily ex-
ist between their respective govern-
ments, and to remove all cause of
difference, which might weaken or
change them, have agreed, in the
name of the government which each
Matter indis- represents, to submit to the arbitra-
pto sub- tion of his Majesty the King of Bel-
bitreini of the gium, the pending question between
King of Belgium. them, respecting the legality or ille-
gality of the above referred to cap-
ture of silver in coin and in bars,
made on the ninth day of May, 1821,
by order of Lord Cochrane, Vice
Admiral of the Chilean squadron, in
the valley of Sitana, in the territory
of the forMer Vice Royalty of Peru,
the proceeds of sales of merchandise
imported into that country in the
brig Macedonian, belonging to the
merchant marine of the United States
of America.
. Therefore the above-named min-
isters agree to name his Majesty the
King of Belgium as arbiter, to de-
cide with full powers and proceed-
ings ex equo et bono, on the follow-
ing points:
Points for ar- First. Is, or is not, the claim
6ftr to decide, which the government of the United
of States of America makes upon that
of Chile, on. account of the capture
of silver mentioned in the preamble
of this convention, just in whole or
in part?
amount. Second. If it be just in whole or
in part, what amount is the govern-
ment of Chile to allow and pay to
the government of the United States
of America, as indemnity for the
capture ?
Interest. Third. Is the government of
Chile, in addition to the capital, to
allow interest there6n; and, if so,
at what rate and froln what date is
interest to be paid ?
Proof upon The contracting parties further
which the umpire agree that his Majesty the King of
is to decide. Belgium shall decide the foregoing
questions upon the correspondence
which has passed between the repre-
sentatives of the two governments
at Washington and at Santiago, and
the documents and other proofs pro-
duced during the controversy on the
subject of this c~pture, and upon a
HeinOnline -- 12 Stat. 1084 1855-1863
bn O88
ceramente deseosos de mantener in.
tactas i estreehar las relaciones amis-
tosas quo felizmente existen entre
sus respectivos Gobiernos, i de alejar
todo motivo de diferencia que pudi-
era menos cabarlas o alterarlas, han
convenido, 4. nombre.de los Gobier-
nos que uno i otro representan, en
someter al Arbitraje de su Majestad
el Rei de los Beiges la referid
cuestion pendiente entre elba, sobre
lejitimidad o iejitimidad del apresa-
miento de una suma de plata acufia-
da i en barra hecho el 9 de Mayo
de 1821, por 6rden de Lord Coch-
rane, Vice-Almirante de la Escunadra
de Chile, en el valle de Sitana, tern.
torio del antiguo Vireinato del Perd,
como procedentd dieha suma de In
venta de mereaderias importadas en
ese Estado 6 bordo del bergantin
"Macenian," de ]a Marina de los
Estados-Unidos.
En consecuencia, los referidos
Ministros convienen en nombrar A
Su Majestad el Rei de los Belgas
pare que como Arbitro decida con
Plenos-Poderes i procediendo ex
equo et &ono, sobre los puntos sigui-
entes :
Primero. Es o no justo en el
todo o en parte el reclamo que el
Gobierno de los Estadoa-Unidos de
Amdrica hace al de Chile, con mo-
tivo del apresamiento de I& plats
menmionada en el predmbulo de esta
Convencion ?
Segundo. Si es justo, en todo,
o en parte, qud cantidad debe el
Gobierno de Chile abonar i pagar
al Qobierno .de los Estados-Unidos
de Amdrica como indemnizacion por
et apresamiente ?
Tercero. Debe el Gobierno de
Chile ademas del capital abonar in-
tereses sobre el, i si debe, cudl es Is
tam del interes i desde que fecha
debe pagarse ?
Las Partes Contratintes convienen
ademas en que Su Majestad el Rei
de los Belgas decida las siguientes
anteriores cnestiones en vista de ]a
correspondencia quo ha tenido luger
entre los representantes de los dos
Gobiernos en Washington i en San-
tiago i de los documentos i .otras
pruebas presentadas durante ]a con-
troversia sobre la materia de este
 CONVENTION WITH CHILE. Nov s= 10, 1858. 1085
memorial or argument thereon to be I apresamiento .i en vista de an me-
presented by each. iorial o alegato (arguments) sobre
Each party to furnish the arbiter ella que ambos deben presentar. Each party to
with a copy of the correspondence Cada Parte debe suministrar al Ar- Amish &a.with.
and documents above referred to, or bitro una copia de ]a referida cor-° m one year, &.
so much thereof as it desires to pre- respondencia i documentos, o de
sent, as well as with its said memo- aquella parte de ellos quo desee pre-
rial, within one year at furthest from sentar, como igualmente Sn referido
the date at which they may respec- memorial, dentro de on alo cuando
tively be notified of the acceptance mas contado desde Is fecha en que
of the arbiter. respectivamente se lea notifique la
aceptacion del Arbitro.
Each party to furnish the other Clada Parte debe suministrar ia lt of papers.
with a list of the papers to be pre- otra una lista de los papeles que
sented by it to the arbiter, three debe presentar, con una anticipacion
months in advance of such presen- de tres moses 6dicha presentacion.
tation.
And if either party fall to present I si algnna de las Partes de- P-rvwoa if
a copy of such papers, or its memo- jare de presentar una copia de esos partydoes not
rial, to the arbiter, within the year papeles o su memorial, al Arbitro &e.
aforesaid, the arbiter may make his dentro del affo referido, el Arbi-
decision upon what shall have been tro podri proceder a emitir su
submitted to him within that time. decision en vista de lo que so le
haya suministrado dentro de ee
tdrmino.
The contracting parties further Las Partes Contratantes covienen Exceptiou of
agree that the exception of prescrip- ademas en que ]a excepcion de pre-
tion, raised in the course of the con- scrpcion alegada en ci curso de a
troversy, and which has been a sub- controversia, i que ha sido materia
ject of discussion between their re- de discusion entre los respectivos
spective governments, shall not be Gobiernos no debe considerarse por
considered by the arbiter in his de- .el Arbitro en so decision, pues con-
cision, since they agree to withdraw vienen en separarla i excluirla de Ia
it and exclude it from the present presente cuestion.
question.
Each of the governments repre- Cado uno de los Gobiernos repre- Aceptance o
sented by the contracting parties is sentados por las Partes Contratantes arbiter to be
authorized to ask and obtain the ac- est6 autorizado pam pedir i obtener aked;
ceptance of the arbiter; and both la aeeptacion del Arbitro, i ambos and his decision
promise and bind themselves in the se comprometen i obligan de la ma- submitted to.
most solemn manner to acquiesce in nera mas solemne, i someterse i
and comply with his decision, nor at cumplir con su decision, i A-no sus-
any time thereafter to raise any citar en ningn tiempo despues cues-
question directly or indirectly con- tion alguna directa o hidirectamenfe
nected with the subject-matter of relacionada con el asunto que es
this arbitration. matoria de este arbitraje.
This- convention to be ratified by Esta Convencion ser ratificada Convention
the governments of the respective por los Gobiernos de las respectivas when to be at-
contracting parties, and the ratifica- Partes Contratantes i las ratificacio-
tions to be exchanged within twelve nes serim canjeadas dentro de doce
months from this date, or sooner, if meses contados desde esta feeha o
possible, in the city of Santiago. dates, si fuere posible, en esta ciudad
de Santiago.
In testimony whereof, the con- En testimonlo de lo coal las Partes Signature,
tracting parties have signed and Contratantes han firniado i sellado Nov. 10, 1858.
sealed this agreement in duplicate, esta Convenion por duplicado, on
in the English and Spanish lan- los idiomas espaffol e ingles, en
guages, in Santiago, the tenth day Santiago, el dia dies do Novem-

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 1086 CONVEN ON WT CHILE. "Novmizn 10, 1858.
of the month of November, in the bre do mil ochocientos cincuenta i
of our Lord one thousand eight oeho.
or
h and fifty-eght.
JOHN BIGLER, [L. s.J GERONIMO URMENETA,
hMranar and .nts plen ciaro ad hoc. [L. .]
.Pleipoi0 iay of the Uned JOHN ILER, . .]
&ates of kAnerm .F aaordi;a and mteislr
Zaoy
GERONIMO URMENETA, Plerpoteitiary of th United
.Pkenpotean~oad Aom. [L. s.] &atia of.Amferica.

Exchange of And whereas the said convention has been duly ratified on both parts,
ratifications, and the respective ratifications of the same were exchanged at Santiago,
Oct. 15, 1859. on the 15th of October last, by John Bigler, Envoy Extraordinary and
Minister Plenipotentiary of the United States, and Geronimo Urmeneta,
Minister of Foreign Relations of Chile, on the part of their respective
governments :

Proclamation, Now, therefore, be it known that I, JAMES BUCHANAN, President

Dec. 2, 1859. of the United States of America, have caused the said convention to be
made public, to the end that the same, and every clause and article
thereof, may be observed and fulfilled with good faith by the United
States and the citizens thereof.
In witness whereof I have hereunto set my band and caused the seal
of the United States to be aftied.
Done at the city of Washington, this twenty-seeond day of De-
cember, in the year of our Lord one thousand eight hundred
[SEAL.] and fifty-nine, and of the independence of the United States
of America the eighty-fourth. J C .

By the President:
Lzw. Cie, &w"~aq of &ame.

HeinOnline -- 12 Stat. 1086 1855-1863

 CO.VENTION WITH PARAGUAY. FEBRxvAY 4, 1859. 1087

Convention between the United &tes of America and the RepuWa of Par-
agtay, relating to Clainms of the "United States and Parauayffaviga-
tion Company." Concluded at Asunion, Februcar 4, 1859. Rat /d
by the President of the United Sates, March 7, 1860. B&ohanged at
Washington, March 7, 1860. Proclaimed by President of the United
States, MAarch 12, 1860.

BY THE PRESIDENT OF THE UNITED STATE8 OF AMERICA: lebmary 4, 9.

A PROCLAMATION.
WHFnEAS a convention relating to the claims of the "United States Premble.
and Paraguay Navigation Company," against the Paraguayan Govern-
ment, was concluded between the United States of America and the Re-
public of Paraguay, and was signed by their respective plenipotentiaries
at Asnncion on the fourth day oF February, one thou.and eight hundred
and fifty-nine, the original of which convention being in the English and
Spanish languages is, word for word, as follows:
Special convention between the Convencion especial entre la Re- Contracting
United State; of America and the publica del Paraguay y los Estados Paye
Republic of Paraguay, relating to Unidos de America relativa i las
the claims of the "United Statcs reclamaciones de Ia "Compaffia de
and Paraguayan Navigation Com- Navegacion de los Estados Unidos
pany" against the Paraguayan gov- -y del Paraguay," contra el Gobierno
ernment. Paraguayo.
His Excellency the President of Su Excelencia el Seflor Presi-
the United States of America and dente de a Republica del Paraguay
his Excellency the President of the y Su Excelencia el Seflor Presi-
Republic of Paraguay, desiring to dente de los Estados Unidos de
remove every cause that might in- America, deseando remover toda
terf'ere with the good understanding causa que pueda comprometer la
and harmony, for a time so unhap- buena inteligencia y armonia, por un
pily interrupted, between the two momento tan desgraciadamente in-
nations, and now so happily restored, terrumpidas entre las dos Naciones,
and which it is so much for their in- y ahora tan felizmente restablecidas,
terest to maintain; and desiring for y que tanto les interesa mantener, y
this purpose to come to a definite deseando &.este fin hiegar itun ar-
understanding, equally just and hon- reglo deflnitivo igualmente justo y
orable to both nations, as to the mode honorable pare ambas naciones en
of settling a pending question of the cuanto 6, Ia manera de concluir ]a
said claims of the "United States cuestion pendiente de las referidas
and Paraguay Navigation Compa- reclamaciones contra el Gobierno del
ny "-.a company composed of citi- Paraguay de la I Compania de Navi-
zens of the United States-against gacion de los Estados Unidos y del
the government of Paraguay, have Paraguay," compafilia compuesta de
agreed to refer the same to a special ciudadanos de los Estados Unidos de
and respectable commission, to be America, ban convenido someter
organized and regulated by the con- dicho arreglo A, a Comision espe-
vention hereby established between cial, respetable que seri organizada
the two high contracting parties; y regida per Ia presente Convencion
and for this purpose they have ap- entre las dos altas partes contratan-

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1088 CONVENTION WITH PARAGUAY. FZBRUAET 4, 1859.
pointed and conferred full powers, tea; y para este fin ban nombrado
respectively, to wit: y conferido plenos poderes respeeti-
vamente a saber:
Negotiatorl. His Excellency the President of Su Excelencia el Presidente de
the United States of America upon la Republica del Paraguay al ciuda-
James B. Bowlin, a special commis- dano Paraguayo, Nicolas Vasque
sioner of the said United Statds of Secretario de Estado y Ministro de
America, specifically charged and Relaciones Exterores de Is dicha
empowered for this purpose ; and Republica del Paraguay, y Su Ex-
his Excellency the President of the celencia el Presidente de los Esta-
Republic of Paraguay upon Sefior dos Unidos de America al Sellor
Nicolas Vasquez, Secretary of State James B. Bowlin, Comisionado es-
and Minister of Foreign Affairs of pecial de los dichos Estados Unidos
the said Republic of Paraguay ; who, de America-especialmente enear-
after exchanging their full powers, gado y apoderado i este fin, quienes
which were found in good and proper despues de cambiar sus plenos po-
form, agreed upon the following ar- deres que encontraron en buena y
tiellk• debida forma convinieron en los ar-
ticulos siguientes:
ARTICLE L ARTICULO L

Paraguay to The government of the Republic El Gobierno de la Republica del

respond
decree of to any
comn-
of Paraguay binds itself for the re- Paraguay se obliga i ia responsa-
missioners in fa- sponsibility in favor of the "United bilidad que 6 favor de la "Compa-
or of the U. 8- States and Paraguay Navigation lia de Navigacion de los Estados
and P. Nay. Co. Company," which may result from
Unidos del Paraguay;" resulte del
the decree of commissioners, who, it fallo de comisionados que se nom-
Is agreed, shall be appointed as fol- brardn en la forma convenida en el
lows. siguiente.
ARTICLE IL .LRTIdLO I.

Commissioner The two high contracting parties,
to be appointed, appreciating the difficulty of agree- apreeiando la dificultad de acordarse
ing upon the amount of the reclama-
tions to which the said company may
be entitled, and being convinced that
a commission is the only equitable
and honorable method by which the
two countries can arrive at a perfect
understanding thereof, hereby cove-
nant to adjust them accordingly by
a loyal commission. To determine
the amount of said reclamations, it
is, therefore, agreed to constitute
such a commission, whose decision
shall be binding, in the following
manner:
Commisloners The government of the United
'ow appointed. States of America shall appoint one
commissioner, and the government
of Paraguay shall appoint another;
and these two, in case of disagree-
ment, shall appoint a third, said ap-
pointment to devolve upon a person
floyalty and impartiality, with the
condition that, in case of difference
between the commissioners in the
Las dos altas partes contratantes,
sobre el monto de las reclamaciones
6. que dicha compatiia pueda ser
acreedora, y estando convencidas de
que una Comision es el dnico medio
equitativo y honorable per el cual
los dos paises puedan arrivar A una
perfeeta inteligencia sobre este pun-
to, han convenido por la presente
ajustarlas en conformidad por na
Comision leal. Para determinar el
importe de dichas reclamaciones es
pues convenido constituir tal comi-
sion, euya decision sea obligatoria
en I&forma siguiente:
El Gobierno del Paraguay nom-
brark un Comisionado, y el Gobierno
de los Estados Unidos de Am;erica
nombrat ottro, y estos dos, en caso
de discordia, nombraran un tercero,
debiendo recaer este nombramiento
en persona leal d imparcial, con eaU-
dad de que en caso de desacuerdo
de los comisionados en la elecion
de un tereero en discordia los Rep-

HeinOnline -- 12 Stat. 1088 1855-1863

 CONVENTION WITH PARAGUAY.
choice of an umpire, the diplomatic
representatives of Russia and Prus-
sia, accredited to the Government
of the United States of America, at
the city of Washington, may select
such umpire.
The two commissioners named in
the said manner shall meet in the
city of Wa.,hington, to investigate,
adjust, and determine the amount of
the claims of the above-mentioned
company, upon sufficient proofs of
the charges and defences of the con-
tending parties.
ARTICLE Il
The said commissioners, before
entering upon their duties, shall
take an oath before some judge of
the United States of America that
they will fairly and impartially in-
vestigate the said claims, and a just
deci-ion thereupon render, to the
best of their judgment and ability.
ARTICLE IV.
The said commissioners shall as-
semble, within one year after the
ratification of the " treaty of friend-
ship, commerce, and navigation"
this day celebrated at the city of
Assumption between the two high
contracting parties, at the city of
Washington in the United States of
America, and shall continue in ses-
sion for a period not exceeding three
months, within which, if they come
to an agreement, their decision shall
be proclaimed ; and in case of disa-
greement, they shall proceed to the
appointmeat of an umpire as already
agreed.
ARTICLE V.
The government of Paraguay
hereby binls itself to pay to the
government of the United States of
America, in the city of Assumption,
Paiaguay, thirty days after presen-
tation to the government of the re-
public, the draft which that of the
United States of America shall issue
for the amount for which the two
commissioners concurring, or by the
umpire, shall declafe it responsible
to the said company.
HeinOnline -- 12 Stat. 1089 1855-1863
FEBxuAur 4, 1859. 1089
resentantes Diplomatios de Russia Provision for
y Prusia acreditados cerca del Go- p
bierno de los Estados Unidos de
America en la Ciudad de Washing-
ton podran eligir a tal tereero en
discordia.
Los dos comisionados nombrados where to meet.
en la forma referida se reuniran en
la Ciudad de Washington pars in-
vestigar, adjustar y determinar el
monte de las reclamaciones de la
mencionada Compagii sobre prue-
has bastantes de los cargos y des-
cargos de las partes contenderas.
AETICULO III.
Los dichos Comisionados, antes to take oath
de entrar en sus funciones, presta-before acting.
ria juramento ante algun Juez de
los Estados Unidos de America de
que investigar4n leal 6 imparcial-
mente las expresadas reclamaciones,
y darin sobre ellas una decision jus-
ta con su mejor juicio y habilidad.
ARTICULO IV.
Los dichos Comisionados se re- when to meet
uniran en la Ciudad de Washington and how long to
Continue in see-
dentro de un afio despues de la ra- slon.
tification del "Tratado de Amistad,
Comercio, y Navegacion," celebrado
en esta fecha en la Ciudad de la
Asuncion entre las dos altas partas
contratantes, y continuardA en se-
sion, per un periodo que no exceda
de tres meses, dentro del cual si fal-
laren de aeuerdo, mu decision seri
proclamada, y en caso de discordia
se prooeder6. al nombramiento de
un tercero, come queda convenido.
ARTICULO V.
El Gobierno del Paraguay
. por Ia
_1r, Paraguaywart
_payany to
presente se obliga a abonar al Go- U aomm
aionerd
bierno de los Estados Uniidos de in favor of said
America en Is Asuncion del Pam- company.
guay, dentro de treinta dias de pre-
setafse al Gobierno de I& Repub-
lica la letra que el de los Estados
Unidos de America Ilegue A girar
sobre la sums que los Comisionados
de acuerdo, 6 peron tercero en dis-
cordia, le declarasen responsable i
disha Compailia.
1090 CONVEItTION WITH PARAGUAY. FBRUARY 4,1859.
ARTICLE VI. ARTIOULO VI.

Each party to Each of the high contracting par- Cada una de Ias altas partes con-
Pay Its own on, ties shall compensate the commis- tratantes, compensard al Comision-
missioner; both
to pay the urn- sioner it may appoint the sum of ado que llegue 6 nombrar con la
pire. money he may stipulate for his ser- suma de dinero que pediere por sus
vices, either by instalments or at the servicios sea A plazos convenidos 6
expiration of his task. In case of en conclusion de sus tareas. En
the appointment of an umpire, the caso de nombrarse un tercero en
amount of his remuneration shall be disoordia le paprn por mitad sus
equally borne by both contracting honorarios ambas partes contra-
parties. tantes.
ARTICLE VIL ARTIOULO VIL
Convention The present Convention shall be
La presente Convencion ser4 ra-
when to be at ratified within fifteen months, or tificada dentro de doce dias por Sn
earlier if possible, by the govern- Excelencia el Seffor Presidente de
ment of the United States of Amer- la Republics del Paraguay, y por
ia and 'by the President of the el Gobierno de los Estados Unidos
Republic of Paraguay within twelve de America dentro de quinee meses
days from this date. The exchange de esta fecha, 6 antes si fiere posi-
of ratifications shall take place in ble. El cambio deJas ratificaciones,
the city of Washington. tendri lugar en la cindad de Wash-
Signatus, In faith of which, and in virtue ington.
En fd de lo cual, y en virtud de
Feb. 4, 1860. of our full powers, we have signed nuestros plenos poderes, hemos fir-
the present Convention in English mado Ia presente Convencion en
and Spanish, and have thereunto set Espaflol yen Ingles, y la hemos se-
our respective seals. nlado con nuestros respectivos sellos.
Done at Assumption, this fourth Fecho en Ia Asuncion el dia cua-
day of February, in the year of our tro de Febrero en el affo de Nues-
Lord one thousand eight hundred tro Seflor de mil ochimtos [ochocien-
and fifty-nine, being the eighty-third tos] cincuenta y nueve, el cuadra-
year of the independence of the gesimo setimo do Ia Independencia
United States of America, and the Nacional del Paraguay y el octagesi-
forty-seventh of that of Paraguay. mo tercio de la de los Estados Uni-

JAMES B. BOWLIN, [rSL.)

NICOLAS VASQUEZ. SBEAL.]
ESeAL.]
dos de America.
NICOLAS VASQUEZ,
srexx.] JAMES B. BOWLIN.
Eichange of And whereas the sald Convention has been duly ratified on both parts,
ratifications,
jj,,7,1M.and the respective ratifications of the same were exchanged at Washing-
ton, on the seventh instant, by Lewis Cass, Secretary of State of the
United States, and Seflor Don Jos6 Berges, Special Commissioner of the
Republic of Paraguay, on the part of their respective governments:
Proelamation, Now, therefore, be it known that I, JAMES BUCHANAN, President
March 12, 1860. of the United States of America, have caused the said Convention to be
made public, to the end that the same, and every clause and article there-
of, may be observed and fulfilled with good faith by the United States and
the citizens thereof.
In witness whereof, I have hereunto set my hand and caused the seal
of the United States to be affixed.
Done at the City of Washington, this twelfth day of March,
in the year of our Lord one thousand eight hundred and
[snar..] sixty, and of the independence of the United States of Amer-
ica the eighty-fourth.
JAMES BUCHANAN.
By the President:
LEw. CAss, SCretarV ofAwe.

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 TREATY WITH PARAGUAY. FSzMU~n 4, 1869. 1091

Zvaty of Friendshp, Ctonmem, and Navwigatio betumee dhe Unitd

&ates of America and ahe .PuqWc of Paragu. Conduded at Asma-
con, Febrary 4, 1859. Batifiect by the President of ahe United
States, March 7, 1860. Exchanged at Was ington, Marck 7, 1860.
Procamedb the Presiden of the United Staes, March 12,1860.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION. Februar 4,1869.

Wv" a Treaty of Friendship, Commerce, and Navigation, between Preamble.

the UMited States of America and the Republic of Paraguay, was con-
eluded and signed by their respective plenipotentiaries at Asuncion on the
fourth day of February, one thousand eight hundred and fifty-nine, the
original of which Treaty being in the English and Spanish languages is,
word for word, as follows:
A treaty of friendship, commerce,
and navigation between the govern-
ments of the United States of Amer-
ica and of the Republic of Paraguay,
concluded and signed in the city of
Assumption, the capital of the Re-
publie of Paraguay, on the fourth
day of February, in the year of our
Lord one thousand eight hundred
and Mj-nine; the eighty-third year
of the Independence of the United
States of America, and the forty-
seventh of that of the Republic of
Paraguay.
In the name of the Most Holy
Trinity I The governments of the
two Republics, the United States of
America and of Paraguay, in South
America, being mutually disposed to
cherish more intimate relations and
intercourse than those which have
heretofore subsisted between them,
and believing it to be of mutual ad-
vantage to adjust the conditions of
such relations by signing a "treaty
of friendship, commerce, and navi-
gation," for that object have nomi-
nated their respective plenipotentia-
ries, that is to say: His Exeellney
the President of the United States
of America has nominated James B.
Bowlin a special Commissioner of
the United States of America at As-
sumption, and his Excellency the
President of the Republic of Para-
gay has nominated the Paraguayan
citizen, Nicolas Vasquez, Secretary,
VOL. XIL TaiEAT.-140
Tratado de Amistad. Comercio y
Navegaion entre los Gobieros de
Ia Republica del Paraguay y de los
Estados Unidos de America, bonla-
Ido y firmado en la eiudaed de Is
Asuncion, Capital de la Republica
del Paraguay el dia cuastro de Fe-
brero en el sido de Nuestro Seffor
de mil ochocientos cineuenta y nueve
el coadragesimo setimo de Ia Inde-
pendencia Nacional del Paraguay
y el otogesimo tercero doela de los
Estados Unkdos do America.
En el nombre de Is Santisima
Trinidad. Los Gobiernos de las eontraotn
dos Republicas del Paraguay en la Pau"
America del Sur, y de los Estadoe
Unidos de America, siendo mutua-
mente dispuestos Afomenter mas in-
times relaelones y comunieaciones
que las que han existido hasta ahe-"
ra, entre las mismas, y creyendolo de
utilidad mutua de ajustar las condi-
ciones de tales relaciones flrmando
un "Tratado de Amistad, Comercio
y Xavegaeion," para este objeto ban
nombrado A sus respectivos.Plenpo;
tenciarios, Asaber:
Su Excelencia el Presidente de Is
Republic, del Paraguay ha nombra- Negowar
do al Cidadano Praguayo Nicolas
Vasquez, Ministro Seeretario de Es-
tado y de Relaciones Exteriores de
Is Republica del Paraguay;
Y Su Exeelencia el Rreeidente
de los Estados Unidos de America
ha nombrado al Seftor James B.

HeinOnline -- 12 Stat. 1091 1855-1863

1092 TREATY WITH PARAGUAY.- FznMcAA 4,1859.

of State and Minister of Foreign Bowlin, Comisionado Especial del

Relations of the Republic of Para-
guay ; who, after having communi-
cated competent authorities, have
agreed upon and concluded the fol-
lowing articles:
ARTIOLZS L
Exmo. Gobierno de los Estados
Unidos de America en la Asuncion;
Quienes, despues de haberse co-
municado competentes autorizaciones
han convenido y coneluido los arti-
culos siguientes:
ARTICULO L

Amity, &a. There shall be perfect peace and
sincere friendship between the gov-
ernment of the United States of
America and the government of the
Republic of Paraguay, and between
the citizens of both States, and with-
out exception of persons or places.
The high contracting parties shall
use their best endeavors that this
friendship and good understanding
may be constantly and perpetually
maintained.
ARTIOLE U.
Habr4 perfecta paz y sincera ams-
tad entre el Gobierno de la Republica
del Paraguay y el Gobierno de los
Estados Unidos de America, y ebtre
los ciudadanos de an6 y otro Estado,
sin exepion do personas ni de In-
gares. Las altas partes contratantes
aplicarin toda su atencion para que
esta amistad y buena inteligencia
sean manteaidas constante y perpe-
tuamente.
ATIOULO IL

Free pVIeva,.
The Republic of Paraguay, in the La Republica del Paraguay, en
tIOn Of *1 Para-exercise of the sovereign right which el ejercicio del derecho soberano que
.y pertains to her, concedes to the mer- le pertenece, concede al Pabellon
chant flag of the citizens of the mercantil de los ciudadanos de los
United States of America the free Estados Unidos de America la libre
navigation of the river Paraguay as navegacion del Rio Paraguay, hasts
far as the dominions of the empire los dominios del Imperlo del Brazil;
of Brazil, and of the right side of y a dereeha del Parani en todo el
the Paran4 throughout all its course curso Iue pertenee A la Republic,
belonging to the Republic, subject to con sujecion 6 los reglamentos poll-
police and fiscal regulations of the ciales y fiscales del Gobierno Su-
supreme goternment of the Republic, premo de la Republica, conforme
in. conformity with its concessions to tiene concedido al comercio de las
the commerce of friendly nations. naciones amigas. Pueden Ilegar y
They shall be at liberty, with their salir, libre y seguramente, con sus
Privileges to ships and cargoes, freely and so- buques y cargamentos i todos Jos
eItenB of the
United Statei 1 curely to come to and to leave all lugares y puertos que van espresa-
Paraguay. the places and ports which are al- dos; permaneeer y habitar en cual-
ready mentioned; to remain and quier parte de dichos territorios;
rese in any part of the said terri- alquilar casas y almacenes y traficar
tories; hire houses and warehouses, en toda clase do productos, manufa-
and trade in all kinds of produce, turas y mercancis de legitimo c-
manufactures, and merchandise of mercio, sujetandose A los usos y cs-
lawful .commerce, subject to the tumbres establecidos en el pai.
usages and established customs of Pueden descargar todo 6 porte de
the country. They may discharge sus cargamentos en los puertos del
the whole or a part of their cargoes Pilar y adonde se permits el comer-
at the ports of Pilar, and where cio con otras naciones, 6 seguir con
commerce with other nations may be el todo 6 parte do Ia carga hasta el
permitted, or proieed with the whole puerto de la Asuncion, segun el
or part of their cargo to the port of capitan, duelio d otra p.ersona debi-
Assumption, according as the cap- damente autorizado, juzgare con-
tain, owner, or other duly authorized Iveniente.
persop shall deem expedient. I

HeinOnline -- 12 Stat. 1092 1855-1863

 .TulATY wriTH Plk&0it-
In the same manner shall be'
treated and considered such Para-
guayan citizens as may arrive at the
ports of the United States of Ame-
rica with cargoes in Paraguayan
vessels, or vessels of the United
States of America.
ARTICLE IM.
The two high contracting parties
hereby agree that any favor, privi-
lege, or immunity whatever, in mat-
ters of commerce or navigation,
which either contracting party has
actually granted, or may hereafter
grant, to the citizens or subjects of
any other State, shall extend, in
identity of cases and circumstances,
to the citizens of the other contract-
ing party gratuitously, if the con-
cession in favor of that other State
shall have been gratuitous, or in re-
turn for an equivalent compensa-
tion, if the concession shall have
been conditional.
ARTICLE MY.
No other or higher duties shall
be imposed on the importation or
exportation of any article of the
growth, produce or manufacture of
the two contracting States than are
or shall be payable on the like arti-
cle being the growth, produce, or
manufacture of any other foreign
country. No prohibition shall be
imposed upon the importation or
exportation of any article of the
growth, produce, or manufacture of
the territories of either of the two
contracting parties into the territo-
rios of the other, which shall not
equally extend to the importation or
exportation of similar articles to the
territories of any other nation.
ARTIOLE V.
No other or higher duties or
charges on account of tonnage, light,
or harbor dues, pilotage, salvage in
cue of damage or shipwreck, or
any other local charges, shall be
imposed in any of the ports of the
territories of the Republic of Para-
HeinOnline -- 12 Stat. 1093 1855-1863
i'znutAu 4, 1859. 1098
19
Do Iasr4m manera serin trata- t oltizens of
dos y considerados lo ciudadanos PU.gM111
Paraguayos que llegaren Aarribar 4
los puertos de los Estados Unidos de
America con cargamentos, en buques
Paraguayes 6 buques de los Estados
Unidos de America-
ARtTICULO IU.
Las dos altos partes contratantes prtvrga of
convienen que eualquier favor, pri- most favred na-
vilegio 6 inmundd en lo relativo al tin.
comerci, 4 & la navegacion, que
cualquiera de las dos partes contra-
tantes actualmente ha concedido 6
concediere en lo futuro 4 los ciuda-
danos o subditos de cualquier otro
Estado se estender en identidad de
casos y cireunstanias, , los ciuda-
dano de Ia otra parte contratante
gratuitamente, si la concesion en
favor de aquel otto Estado hubiere
side gratuita, 6 en camblo de una
compensacion equivalente, si la con-
cesion hubiere sido condicionaL
ARTIOULO xV.
No se imnpondrn otros 6 mas No other or
altos derechos 4, la importacion ni 4 h duris
la esportacion de cuslquier articulo
del producto natural, producciones 6
manufacturas do los dos Estados
contratantes, que los que se pagan 6
pagaren por semejante articlo, sien-
do producto natural, produociones 6
manufacturas de cualquier otro pals
estrangero. No se impondr& prohi- or prohiblOm,
bicion alguna Ala importacion, ni i
Ia esportacion de cualquier articulo
del producto natural, produociones 6
manufheturas do los territorios de
cualquiera de Ias dos partes contra-
tantes en los territorios de la otra,
quo no se estenderi igualmente A
Ia importacion y A Is esportacion do
semejantes articulos para los terri-
torios de c;ualquiera otra nacion.
ANTIO'ULO V.
No se impondrin en ninguno de Sne subject
los puertos do los territorios de los
Estados Unidos de America A bu-
ques Paraguayos pot razon de de-
rechos do tonelaje, fanal 6 puertos,
de piloteje, de derecho de salva-
mento en cascs de averia, 6 naufragio
 1094t TREATY WITH PARAGUAY.
guay on vessels of the URWmd States
of America than those payable in
the same ports by Paraguayan vesi.
sels, nor in the ports of the territo-
ries of the United States of Ame-
rica on Paraguayan vessels than
shall be payable in the same ports
by vessels of the United States of
America.
ARTICLE TL
FBMBXYT- 4,1859.
8 cualesquiera otrs cargas locales,
otras ni -u altos derechos 6 im-
puestos, que los que se pagan en
los mismos puertos por buques de
los Eatados Unidos de Ameica; ni
en los puertos de los territorios de la
Republica del Paraguay 4, buques
do los Estados Unidos de America
que los que se pagaren en los mis-
nos puerts por buques Paraguayp..
ARTIOULO TL

Same duties on The same duties shall be paid Be pagarin los mismos dereohos
same article
importe if npon
in yes- .. the importation . and exporta- de importacion y esportacion por
nad0of United tion of any article which is or may cualquier articulo que se puede, use
States or Para- be legally importable or exportable 'pudiere importar 6 esportar legal-
guay. into the dominions of the United mente en los dominios del Paraguay
States of America and into those of y en los de los Estados Unidos de
Paraguay, whether such importation America, bien sea tfd importacion 6
or exportation be made in vessels esportacion en buques Paraguayos
of the United States of America or 6 en buques de Jos Estados Unidos
in Paraguayan vessels, de America.
. ARTICLZV]TI ARTIOULO TIL

What to be Ali vesses which, according to Todos los buques, que segun Ins
deemed vessels the laws of the United States of leyes del Paraguay, se han de eon-
of U.S. andwhat America, are to be deemed vessels
..... a-- siderar como buques Paraguayos, y
of the United States of America, todos los buques que segun las eyes
and all vessels which, according to de los Estados Unidos de America
the laws of Paraguay, are to be se ban de eonsiderar como buques
deemed Paraguayan vessels, shall, de los Estados Unidos do America
for the purposes of this treaty, be se considerarAn pars los fines de
deemed vessels of the United Bta* este Tratado, como buques Para-
of America and Paraguayan vessels, guayos y buques de los Estados
respectively. Unidos de America, respectivamente.
ARTICLE ViiL ARTIOULO VI1L

Imprt ad ox- Citizens of the United States of Los cudadanos Paraguayos pa-
port duie America shall pay, in territories of garn en los territorios de los Esta-
the
of U.for and of the Republic of Paraguay, the same dos Unidos de America los mismos
Paraguay. import and export duties which are dereohos de Imprtadon y esporta-
established or may be established cion establecidos 6 Aestablecer para
hereafter for Paraguayan citizens. los ciudadanos de los Estado Uni-
In the same manner the latter shall dos de America. Asi mismo estos
pay, in the United States of Ameri- pagarin en ]a Republica del Para-
ca, the duties which are established guay los derechos establecidos 6 4
or may hereafter be established for estableoer pars los ciudadanos Para-
citizens of the United States of guayo.
America.
ARTICLE rx.' AETIOULO MK.

Prvineges of All merchants, commanders of Todos los negociantes, comanz,

merchants, Oldio ships, and others, the citizens of dantes de buques, y otros ciudads.
tens, &o.of each
country 1; the each country, respectively, shall nos de cada pais respectivaipente,
teor of the have full liberty, in all the territo- tendrri complets libertad, en too
other. he fl ibry n l h trio

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 TREATY WITH PARAGUAY. FmnmARY 4, 1859. 1095

ries of the other, to manage their los territorios del otro, pars manejar
own affeirs.themselves, or to commit sus proprios negocios por si mismos,
them to the management of whom- 6 para encargar sn manejo A quien
soever they please, as agent, broker, mejor lea parezes, como agente,
factor, or interpreter; and they shall corredor, factor 6 interprets; y no
not be obliged to employ any other se les obligard t emplear ningunas
persons than those employed by na- otras personas que los empleados per
tives, nor to pay to such persons as los nativos, ni Apager las personas
they shall think fit to employ any que tendrin A bien emplear mas
higher salary or remuneration than sueldo 6 remuneracion, que lo que
such as is paid in like cases by se paga en semejantes cases per los
natives. nativos.
The citizens of the United States Los cindadanos del Paraguay en
of America in the territories of Pa- los territorios de los Estados Unidos
raguay, and the citizens of Paraguay de America, y los ciudadanos de los
in the United States of America, Estados Unidos de America en el
shall enjoy the same full liberty Paraguay, gozardn de la misma com-
which is now or may hereafter be pleta libertad de que so goce ahors
enjoyed by natives of each country, Sse gezare en lo futuro per le
respectively, to buy from and sell to nativos de cads pais respectiva-
whom they like all articles of law- meant, pans comprar de enales-
ful commerce, and to fix the prices quiera, como mejor les parezea, y
thereof as they shall see good, with- venderles, todos los articulos de le-
out being affected by any monopoly, gitimo comercie, y para Ajar sue
contract or exclusive privilege of precios, segun lo juzgaren conveni-
sale or purchase, subject, however, ente, sin que les perjudique ningun
to the general ordinary contributions monopolio, contracto 6 privilegio ex-
or imposts established by law. elusivo de venta 6 compra, sujetos,
sin embargo, h las ontribuciones 6
impuestos generales y ordinaries, es-
tablecidos per la ly.
The citizens of either of the two, Los diudadanos de cualquiera do Same subject.
contracting parties In the territories las dos partes contratantes en los
of the other shall enjoy full and territories de la otra, gozarAn de
perfect protection for their persons complete y perfects proteecion en
and .property, and shall have free sus personas y propriedades, 7 ten-
and open access to the courts of drin libre y fkAl acceso A,los Tribu-
justice for the prosecution and de. nales de Justicia para Is prosecucion
fence of their just rights; they shall y defensa de sus justos dereehos;
enjoy, in this respect, the same gozarAn en este respecto de los mis-
rights and privileges as native citi- mos derechos y privilegios que res
zens; and they shall be at liberty to ciudadanoes nativos, y tendrin Is li-
employ, ti all cases, the advocates, bertad do emplear, en todas Bus
attorneys, or agents, of whatever causas, los abgados, procuradores 6
description, whom they may think agentes de cualquier case que ten-
proper. gan. Abien.
ARTICLIM X. ARTIECULO X.

In whatever relates to the police En todo lo relativo A Ia policia de Same subjeet

of the ports, the lading or unlading
of ships, the warehousing and safety
of merchandise, goods, and effects,
the succession to. personal estates by
will or otherwise, and the disposal
of personal property of every sort
and denomination by sale, donation,
axohange, or testament, or in any
other manner whatsoever, as also
los puertos, Ala carga 6 descarga de
los buques, al almacenage y seguri.
dad de las mercancias, generos y
efectos, i a sucesion de los bienes,
muebles por testamento 6 de otro
mode, y al disponer-de bienes mue-
bles de toda clase y denominacion,
por venta, donacion, permuta 6 tes-
tamonto 6 de cunalquier otro mode,

HeinOnline -- 12 Stat. 1095 1855-1863

 1096 TREATY WITH PARAGUAY.
with regard ) the administration of
justice, the '.tizens of each contract-
ing party shall enjoy, in the territo-
ries of the other, the same privi-
lego, liberties, and rights as native
citizens, and shall not be charged, in
any of these respects, with any other
or higher imposts or duties than
those which are or may be paid by
native citizens, subject always to the
local laws and regulations of such
territories.
FEDWAnuY 4, 1859.
asi como tamblen respecto A la ad.
ministracion de la justicia, los ciuda-
dance de cada parte contratante go
zarin en los territories de ]a otra.
de los mismos privilegios, franqui-
cias y derechos que los ciudadanos
nativos; y no se lee cargardn re-
specteo Acualquier de estos asuntos,
otros ni mas altos impuestos 6 de-
rechos que los quo se pagan 6 so
pagaren por ciudadanos natives; su-
jetos siempre A las )eyes y los reg-
lamentoe locales de diehes territo-
ries.

Provisions in In the event of any citizen of En easo que muriere intestado

case of the death either of the two contracting parties
of a citizen of
one country in dying without will or testament in
the territory of the territory of the other contracting
the other. party, the consul-general, consul, or
vice-consul, of the nation to which
the deceased may belong, or, in his
absence, the representative of such
consul-general, consul, or vice-consul
shall, so far as the laws of each
country will permit, take charge of
the property which the deceased
may have left, for the benefit of his
lawful heirs and creditors, until
an executor or administrator be
named by the said consul-general,
consul, or vice-cons[u], -or his rep-
resentative.
algun ciudadano de cualquiera de
las dos partes contratantes en los
territories de la otra parto eontra-
tante, el Consul General, Consul 6
Vice Consul de Ia nacion A que per-
tenecia el difunto, 6 en su auseneia.
el Representante de dicho Consul
General, Consul 6 Vice Consul, se
encargar, en cuanto le permitieren
las leyes de eada pais, de Ia propri-
edad, que el difunto haya dejado, A
beneficio de sus legitimos herederos
y acreedores, hasta qie so nombre
un albacea 6 administrador, por dicho
Consul General, Consul 6 Vice Con-
sul, 6 su Representante.

ARTICLE XL ARTIOULO XL

Citenof each The citizen[s] of the UnitedStates Los ciudadanos de la Republica

country in the of America residing in the territo-
territory of the ries of the Republic of Paraguay,
other, to be ez-
erpt from com-'and the citizens of the Republic of
,lpd'ory military Paraguay residing in the United
.service, &c. States of America, shall be exempt- en Ia Republica del Paraguay, esta-
ed from all compulsory military ser-
vice whatsoever, whether by sea or
land, and from all forced loans or
military exactions or requisitions;
and they shall not be compelled to
pay any charges, requisition, or tax-
es other or higher than those that
are or may be paid by native citi-
ZeDs.
del Paraguay residentes en los terrn-
torios de los Estados Unidos de
America y los ciudadanos de los Es-
tados Unidos de America residentes
rAn esentos de todo servicio militar,
forzoso de cualquier clase, de mar 6
de tierra, y de todo prestamo forzoso
6 exacciones 6requisiciones militare,
y no se les forzarA A pagar cuales-
quiera cargas, requisiciones 6 im-
puestos, otros, 6 mas altos. que los
que se pagan, 6 se pgarwn por ciu-
dadanos nativoc

ARTICLE XIL ARTICULO XUL

Consuls may It shall be free for each of the two Cad. uia de las dos partes con-
be appointed. contracting parties to appoint con- tratantes tendrA la libertad de nom-
suls for the protection of trade, to re- brar consules para la proteccion del
side in the territories of the other comercio, los cuales residirin en
party; but before my [anyl consul los territories do la otra parte ; pero

HeinOnline -- 12 Stat. 1096 1855-1863

 TREATY WITH PARAGUAY.
shall act as such, he shall, in the
Usual form, be approved and admit-
ted by the government to which he
is sent; and either of the two con-
tracting parties may except from the
residence of consuls such particular
places as either of them may judge
fit to be excepted.
The diplomatic agents and consuls
of the United States of America in
the territories of the Republic of
Paraguay shall enjoy whatever priv-
ileges, exemptions, and immunities
are or may be there granted to the
diplomatic agents and consuls of any
other nation whatever; and, in like
manner, the diplomatic agents and
consuls of the Republic of Paraguay
in the United States of America
shall enjoy whatever privileges, ex-
emptions, and immunities are or may
be there granted to agents of any
other nation whatever.
ARTICLE XII.
For the better security of com-
merce between the citizens of the
United States of America and the
citizens of the Republic of Para-
guay, it is agreed that if at any time
any interruption of friendly inter-
course or any rupture should unfor-
tunately take place between the two
contracting parties, the citizens of
either of the said contracting parties,
who may be established in the terri-
tories of the other in the exercise of
any trade or special employment,
shall have the privilege of remain-
ing and continuing such trade or
employment therein without any
manner of interruption, in full en-
joyment of their liberty and prop.
erty, as long as they behave peace-
ably and commit no offence against
the laws; and their goods and ef-
fects, of whatever description they
may be, whether in their own cus-
tody or intrusted to individuals or to
the State, shall not be liable to seiz-
ure or sequestration, or to any other
charges or demands than those
which may be made upon the like
effects or property belonging to na-
tive citizens. If, however, they
prefer to leave the country, they
HeinOnline -- 12 Stat. 1097 1855-1863
FBRuARy 4, 1859. 1097
antes de funcionar un Consul como
tal, sert aprobado y admitido en la
forms acostumbrada por el Gobierno
Aque est4 enviado, y eualquiera de
las dos partes contratantes puede
esceptuar de la resideneia de Con-
sules, aquellos lugares especiales
que eualquiera de ellos juzgue con-
veniente que se esceptuen.
Los Agentes Diplomaticos y los Their prvile.
Consules de la Republica del Para- ga &o.
guay en los territorios de los Esta-
dos Unidos de America gozardn de
cualesquiera privilegios, esenciones e
inmunidades que se coneeden 16 se
conce4ieren alli , los Agentes Diplo-
maticos y Consules de eualquiera
otra nacion; y del mismo modo, los
Agentes Diplomaticos y Consules de
los Estados Unidos de America en
la Republica del Paraguay, gozarim
de cualesquiera privilegios, esen-
ciones 0 inmunidades que se conceden
6 se concedieren adfi i agentes de
cualquiera otra nacion.
ANTICULO XII.
Parm mayor seguridad del comer- Provws in
do entre los ciudadanos do la Re- ease of war.
publica del Paraguay y los ciudada-
nos do los Estados Unidos de Amer-
ica, se conviene que si infelizmente
en cualquier tiempo tuviere lugar
alguna interrupcion de las relaciones
de amistad, 6 algun rompimiento en-
tre las dos partes contratantes, los
ciudadanos de cualquiera de ]as mis-
mas partes contratantes que esten
establecidos en los territorios de la
otra en el ejereicio de algun traflco
d ocupacion especial, tendrda el
privilegio de quedarse y seguir dicho
trafico, d oeupacion en ellb, sin nin-
guna class de interr.cion en el goeo
absoluto de su libertad y propriedad,
mientras se porten pacificamente y
no cometan infraccion alguna de las
leyes; y sus bienes y efectos do
cualquier clase que sean, bien que
esten baJo su propria custodia, 6 con-
flados A particulares 6 al Estado, no
estarim sujetos, 4 embargo 6 secues-
tro, ni 4 ningunas otras cargas 6 ex-
fieciones, que las que puedan haoer
4 semejantes efectos 6 propieda,
pertenecientes , los ciudadanos na-
tivos. Pero si prefheren salir del
pais, se le conoederL el. termino que
 148 TREATY WITH PARAGUAY.
shall be allowed the time they may
require to liquidite their accounts
and dispose of their property, and
a safe conduct shall be given them
to embark at the ports wbich they
shall themselves select. Conse-
quently, in the case referred to of
a rupture, the public funds of the
contracting States shall never be
confiscated, sequestered, or detained.
ARTICL Xr.
Citizens
-either of i
country The citizens of either of the two
the teritory of contracting parties residing in the
the other to be territories of the other shall enjoy,
proteeted, &c. in regard to their houses, persons,
and properties, the protection of the
government in as full and ample a
manner as native citizens.
To eqJoy relig- In like manner the citizens of
ious lliry, each contracting party shall enjoy,
in the territories of the other, full
liberty of conscience, and shall not
be molested on account of their reli-
ig~hts of gious belief; and such of those citi-
zens as may die in the territories of
the other party shall be buried in
the public cemeteries, or in places
appointed for the purpose, with suit-
able decorum and respect.
The citizens of the United States
of America residing within the ter-
ritories of the Republic of Paraguay
shall be at liberty to exercise, in
private and in their own dwellings,
or within the dwellings or ofices
ef wonhip, of consuls or vice-consuls of the
United States of America, their reli-
gious rites, services, and worship, and
to assemble therein for that purpose
without hindranee or molestation.
ARTICLE XV.
Thistrety, The present treaty shall be in El presente Tratado serA valede-
how long to beta force during ten years, counted from ro durante diez aftos, i contar desde
force. the day of the exchange of the rati-
fications; and, further, until the end
of twelve months after the govern-
ment of the United states of Amer.
ica on the one part, or the govern-
ment of Paraguay on the other, shall
have given notice of its intention to
terminate the same.
Notice on the The Pataguayan government
ph.oPSy', shall be at liberty to address to the
givenm government of the United States
HeinOnline -- 12 Stat. 1098 1855-1863
znituAzRY 4, 1859.
pidieren para Hquidar sus cuentas
y disponer de sus propiedades y so
los dari un salvo conducto para que
se embarquen en los puertos que
ellos mismos eligieren. Consiguien-
temente, en el caso indicado de una
desinteligencia, los fondos publicos
de los Estados contratantes nunca
serin confiseados, secuestrados, 6
detenidos.
ARTIOULO XrvI.
Los ciudadanos de cualquiera de
las dos partes eontratantes residen-
tea en los territorios de la otra, go-
zarin respecto 6 Bus eswaas, personas
y propiedades, de la proteccion del
Gobierno, de un modo tan completo
y amplio como si fueren ciudadanos
nativos.
De igual modo, los eiudadanos de
eada parte contratante, gozardn en
los territorlos de ia otra de una com-
pleta libertad dd onciencia, y do
sernn molestados por motivo de sa
creencia religiosa; y los de esos
ciudadanos quo murieren en los ter-
ritorios de la otr parte, serm en-
torrados en los cementerios publicos,
6 en los lugares sefalados para ese
objeto, con debido decoro y respeto.
Los ciudadanos de los Estados
Unidos de America residentes en los
territorios de ia Republica del Para-
guay, tendrAn Ia libertad de ejercer
privadamente y en sus proprias ca-
sas, 6 en las casas 6 oficinas de los
Consules 6 Vice Consules de los Es-.
tados Unidos de America los ritos,
oficios y culto de an religion, y de
reunirse en ellas con este objeto sin
ser impedidos 6 molestados.
ARTICULO XV.
el dia del canje de las ratificaciones,
y ademas hasta el fin de doee meses
despues quo el Gobierno Paraguayo
de una parte, 6 el Gobierno de los
Estados Unidos do America de la
otra, diere noticia do s intencion do
hacer cesar este Tratado.
El Gobierno Paraguayo poM
dirigir al Gobierno de los Estados
Unidos de America, 6 I on repne-
 TREATY WITH PARAGUAY. Pnaaur 4, 1859. 109

of America, Or to its representative sentante en la Republics del Para-

in the Republic of Paraguay, the gusy, a declaracion oficial accordada
official declaration agreed upon in en este artiCulo.
this article.
ARTICLE XTI ARTICULO XVL

The present treaty shall be rati-
fied by his Excellency the President
of the United States of America
within the term of fifteen months, or
earlier if possible, and by his Excel-
lency the President of the Republic
of Paraguay within twelve days from
this date, and the ratifications shall
be exchanged in Washington.
In witness whereof,the respective
plenipotentiaries have signed it and
affixed thereto their seals.
Done at Assumption, this fourth
day of February, in the year of our
Lord one thousand eight hundred
and fifty-nine.
JAMES B. BOWLIN, [swa.]
NICOLAS VASQUEZ- [sBax.]
El presente Tratado ser ratifies- When to be
do per 8u Excelencia el .Presidente ratified.
de la Republics del Paraguay den-
tro de doce diss, y poer Sa Excelen-
cia el Presidente de los Estados
Unidos de America dentro del ter-
.mino de quince meses de esta fecha,
6 antes si fuere posible, y las ratifi-
caciones serin cangeadas en Wash-
ingtn.
En testimonlo de lo cual, los 8int.res,
Plenipotenciarios respectivos 1o han Feb. " 189.
firmado y selado con sus sellos.
Heeho en la Asuncion el din cua-
tro de Febrero en el silo de Rnes-
tro Seior de mil ochocientos cin-
cuenta y nueve.
[LB.] NICOLAS VASQUEZ,
[LB.] JAMES B. BOWIN.

And whereas the said treaty has been duly ratified on both parts, and Exchange ot
the respective ratifeations of the same were exchanged at Washington, Lrtif'tons.
7,1860.
on the seventh instant, by Lewis Cass, Secretary of State of the United March
States, and Seflor Don Jos6 Berges, Special Commissioner of the Repub-
lic of Paraguay, on the part of their respective governments:

Now, therefore, be it known that I, JAMES BUC.HANAN, President Pinelasation,

of the United States of America, have caused the said treaty to be made March 1, s.
public, to the end that the same, and every clause and article thereof, may
be observed and fulfilled with good faith by the United States and the
citizens tbereof.
. In witness whereof, I have hereunto set my hand and caused the seal
of the United States to,be affixed.

Done at the city of Washington. this twelfth day of March, in

the year of our Lord one thousand eight hundred and sixty,
[szAL.J and of the independence of the UzieW States of America
the eighty-fourth.
JA.M.BB JUU ,NAd.
By the President:
Luw. CAss, &minef S&at&

vO.. XI. TnZAT.-142

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HeinOnline -- 12 Stat. 1100 1855-1863