the United States, of what portion, if any, of the expenditures made 1846 for removal, subsistence, and spoliations, under the treaty of 1835,

is properly and legally chargeable to the five million fund. And they will abide by the decision of the Senate.

ART. XIII. This treaty, after the same shall be ratified by the President and Senate of the United States, shall be obligatory on the contracting parties.

In testimony whereof, etc.

IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES, AUGUST 8, 1846.

Resolved (two-thirds of the Senators present concurring), That the Senate advise and consent to the ratification of the articles of a treaty made and concluded at Washington, in the District of Columbia, the sixth day of August, in the year of our Lord one thousand eight hundred and forty-six, between the United States of America, by three commissioners, Edmund Burke, William Armstrong, and Albion K. Parris, and John Ross, principal chief of the Cherokee Nation, David Vann, William S. Coodey, Richard Taylor, T. H. Walker, Clement F. McNair, Stephen Foreman, John Drew, and Richard Field, delegates duly appointed by the regularly constituted authorities of the Cherokee Nation; Geo. W. Adair, John A. Bell, Stand Watie, Joseph M. Lynch, John Huss, and Brice Martin, a delegation appointed by and representing that portion of the Cherokee tribe of Indians known and recognised as the « Treaty Party » ; John Brown, Capitain Dutch, John L. McCoy, Richard Drew, and Ellis Phillips, delegates appointed by and representing that portion of the Cherokee tribe of Indians known and recognised as «<Western Cherokees », or « Old Settlers », with the following

AMENDMENTS.

Strike out of the fifth article the following words: « First deducting therefrom the sum of fifty thousand dollars to be paid to the delegation of that portion of the Cherokee people who are parties to the treaty, to defray the expenses of prosecuting their claims against the Government of the United States, including the late Captain John Rogers. »

Strike out the twelfth article of the treaty.

Traité avec les Winnebagoes, signé le 13 Octobre 1846.

ART. I. It is solemnly agreed, that the peace and friendship which exist between the people of the United States and the Winnebago Indians shall be perpetual. The said tribe of Indians giving assurance, hereby, of fidelity and friendship to the Government and people of the United States, and the United States giving to them, at the same time, promise of all proper care and parental protection. ART. II. The said tribe of Indians hereby agree to cede and sell, and do hereby cede and sell to the United States, all right, title, interest, claim, and privilege to all lands, wherever situated, now or heretofore occupied or claimed by said Indians, within the States and Territories of the United States, and especially to the country now occupied, inhabited, or in any way used by them, called the << Neutral Ground», which tract of country was assigned to said Indians by the 2d article of the treaty of Fort Armstrong, concluded on the 45th day of September, 1832, and ratified on the 13th day of February following.

ART. III. In consideration of the foregoing purchase from, or cession by the said Indians, the United States hereby agree to purchase and give to the said Indians, as their home, to be held as all Indians' lands are held, a tract of country north of St. Peters and west of the Mississippi rivers, of not less than eight hundred thousand acres, which shall be suitable to their habits, wants, and wishes Provided, Such land can be obtained on just and reasonable terms.

ART. IV. The United States agree to pay to said tribe of Indians the sum of one hundred and fifty thousand dollars for the land, and the sum of forty thousand dollars for release of hunting privileges, on the lands adjacent to their present home, making the sum of one hundred and ninety thousand dollars, being in further consideration of the cession or sale made to the United States by the 2d article of this treaty; to be paid as follows: Forty thousand dollars to enable them to comply with their present just engagements, and to cover the expenses of exploring and selecting (by their own people, or by an agent of their own appointment) their new home; twenty thousand dollars in consideration of their removing themselves, and twenty thousand dollars in consideration of their subsisting themselves the first year after their removal; ten thousand dollars to be expended for breaking up and fencing lands, under

the direction of the President of the United States, at their new 1846 home; ten thousand dollars to be set apart and applied under the direction of the President to the creation and carrying on of one or more manual labor schools for the benefit of said tribe of Indians; and five thousand dollars for building a saw and grist mill. The balance of said sum of one hundred and ninety thousand dollars, viz: eighty-five thousand dollars, to remain in trust with the United States, and five per cent. interest thereon to be paid annually to said tribe, or applied for their benefit, as the President of the United States may, from time to time, direct, for the period of thirty years, which shall be in full payment of the said balance: Provided, That no part of the said consideration moneys shall be paid until after the arrival of said tribe of Indians at their new home, and appropriations shall have been made by Congress; and that the sums for meeting their present engagements, for removal and subsistence, and for exploring their new home, shall be paid to the chiefs in open council, in such manner as they in said council shall request.

ART. V. It is further agreed by the partics to this treaty that the said tribe of Indians shall remove to their new home within one year after the ratification of this treaty, and their new home shall have been procured for them, and they duly notified of the same.

ART. VI. It is further agreed by the parties to this treaty, that the President may, at his discretion (should he at any time be of opinion that the interest of the Indians would be thereby promoted), direct that any portion of the money, not exceeding ten thousand dollars per annum, now paid in goods, as provided for by the last clause of the 4th article of the treaty of the 1st of November, 1837, be applied to the purchase of additional provisions, or to other purposes.

In testimony whereof, etc.

VI.

20

5

1846

GRANDE-BRETAGNE ET HAWAÏ.

Convention entre la Grande-Bretagne et le roi des Iles de Sandwich, signé à Honolulu, le 26 Mars 1846.

ART. I. There shall be perpetual peace and amity between H. M. the Queen of the United Kingdom of Great Britain and Ireland, and the King of the Sandwich Islands, their heirs and successors.

ART. II. The subjects of Her Britannic Majesty residing within the dominions of the King of the Sandwich Islands, shall enjoy the same protection, in regard to their civil rights as well as to their persons and properties, as native subjects; and the King of the Sandwich Islands engages to grant to British subjects the same rights and privileges which now are, or hereafter may be, granted to or enjoyed by any other foreigners, subjects of the most favoured nation.

ART. III. No British subject accused of any crime whatever shall be judged otherwise than by a jury composed of native or foreign residents, proposed by the British Consul, and accepted by the government of the Sandwich Islands.

ART. IV. The protection of the King of the Sandwich Islands shall be extended to all British vessels, their officers and crews. In case of shipwreck, the chiefs and inhabitants of the different parts of the Sandwich Islands shall succour them, and secure them from plunder. The salvage dues shall be regulated, in case of dispute, by arbitrators chosen by both parties.

ART. V. The desertion of seamen embarked of British vessels shall be severely repressed by the local authorities, who shall employ all the means at their disposal to arrest deserters; and all reasonable expenses of capture shall be defrayed by the captains or owners of the said vessels.

ART. VI. British marchandize or goods recognized as coming from the British dominions, shall not be prohibited; nor shall they be subject to an import duty higher than 5 per cent. ad valorem. Wines, brandies, and other spirituous liquors, are however, excepted from this stipulation, and shall be liable to such reasonable duty as the Hawaiian government may think fit to lay upon them; provided always that the amount of duty shall not be so high as absolutely to prohibed the importation of the said articles.

ART. VII. No tonnage, import, or other duties shall be levied on 1846 British vessels, beyond what are levied on vessels or goods of the most favoured nation.

ART. VIII. The subjects of the King of the Sandwich Islands shall, in their commercial or other relations of Great Britain, be treated on the footing of the most favoured nation.

Done, etc.

TOSCANE ET TUNIS.

Convention entre la Toscane et le Bey de Tunis, touchant la modification de l'article II du traité du 11 Octobre 1822, signée à Tunis, le 2 Novembre 1846.

LODE A DIO.

Subito che fù a noi chiesto da parte di Sua Altezza, la di cui riputazione è elevata, nostro Amico il Sovrano di Toscana, qualche modificazione in una dei punti dell' articolo secondo del Trattato conchiuso fra la nostra Corte e la sua il 26 Moharrem anno 1238, che corrisponde agli 11 Ottobre 1822 del Messia :

Abbiamo ora conchiuso la presente Convenzione col Cav. Enrico Nyssen, Console generale della Corte di Toscana in Tunis, in forza del pieno potere in di lui mani per l'oggetto, dalla parte del Sublime Suo Governo, ed è che gli Israeliti giunti nel nostro Regno dalla Toscana, dopo la data dell' articolo suddeto, e quegli che vi giungeranno in avvenire, per quivi dimorare, all' oggetto di commerciarvi, i di cui nomi sono registrati nel Consolato, in conformità dei Passaporti che ognuno di essi ne sarà latore, saranno riguardati in Tunis simili ai Commercianti delle nostre amiche Corti d'Europa, e nulla potrà separarli dalle benigne cure del loro Sovrano e della Sua protezione ancorchè dimorassero in Tunis più di due anni.

Ma i rimanenti punti dell' articolo secondo rimangono nel loro essere tali e quali ed in tutta la loro forza, in ciò che riguarda gl' Israeliti tunisini, conosciuti per « Grana », che non sarà riguardato alcuno di essi appartenere alla Toscana, in qualunque siasi maniera.