This agreement, made pursuant to an item in the act of Congress entitled "An act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the year ending June 30, 1887, and for other purposes," approved May 15, 1886, by John V. Wright, Henry B. Whipple, and Charles F. Larrabee, duly appointed commissioners on the part of the United States, and the Red Lake band of Chippewa Indians, now residing on what is known as the Red Lake Reservation, in the State of Minnesota, by their chiefs and headmen, whose names are hereto subscribed, they being duly authorized to act in the premises, witnesseth that—
Article I.
Whereas the said Red Lake band of Chippewa Indians have much more land than is required to meet their present or prospective wants; and whereas it is the policy of the Government to reduce to proper size existing reservations when entirely out of proportion to the number of Indians thereon with the consent of the Indians, and upon just and fair terms; and whereas said Indians have never ceded, sold, or otherwise conveyed to the United States any of the lands embraced within their present reservation, but retain all the original Indian rights therein; therefore, to carry out the policy above indicated and provide the Indians of said reservation with the means to become wholly self-supporting by the cultivation of the soil and in other pursuits of civilized life, and for the better education of their children, the said Red Lake band of Chippewa Indians do hereby cede, relinquish, and convey to the United States all their right, title, and interest in and to the lands embraced within said Red Lake Reservation, except so much thereof as is included within the following described boundaries, to wit:
Beginning at a point 1 mile due north of the most northerly point of Red Lake; thence due east to a point due north of a point 1 mile due east of the most easterly point of Red Lake; thence due south to a point due east of a point one-half of a mile south of where the old Government wagon road crosses Sandy River (or if said line should intersect the east line of the present reservation, then, in that case, it shall follow the present east boundary line to a point due east of a point one-half of a mile south of where the old Government wagon road crosses Sandy River; thence due west to the west boundary line of the present reservation; thence following said boundary line northwesterly and northeasterly to a point due west of the place of beginning; thence due east to the place of beginning.
For the following uses and purposes and none other, that is to say, to enable the United States to sell and convey said lands, and make good title to the purchasers thereof, as hereinafter provided.
Article II.
The United States hereby agrees to accept said lands in trust as stipulated in the foregoing article, and to cause the same to be surveyed, appraised, and classified into timbered and untimbered lands; such appraisement and classification to be made by three competent commissioners, to be appointed by the President of the United States, one of whom shall be selected by the Indians, and the said lands, when so surveyed, appraised, and classified, shall be sold under direction of the Secretary of the Interior, at not less than the appraised value thereof, in tracts or parcels not exceeding 40 acres each, to the highest bidder for cash; the sale of all timbered lands to be made upon sealed proposals to be duly invited by public advertisement: Provided, That the Secretary of the Interior may dispose of the lands classified as untimbered lands in tracts of 160 acres upon the following terms as to payment, that is to say, one-fourth of the price of said lands to become due and payable, in cash, at the date of sale, and the balance in three equal annual payments, with interest on deferred payments at the rate of 5 per centum per annum; but in case of default in either of said deferred payments, the person thus defaulting for a period of sixty days shall forfeit absolutely his right to the tract he has purchased, and any payment or payments he may have made; and the sale of lands shall be continued, from time to time, until all the lands shall have been sold: Provided, That when purchasers of said lands shall have made full payment therefor, the United States shall make good and valid title to the same by patent.
Article III.
That the proceeds of the sale of lands as provided in the foregoing article, after paying all expenses incident to and necessary for carrying out the provisions of this agreement, and except as hereinafter (in Article IX) provided, shall be placed in the Treasury of the United States to the credit of said band of Red Lake Chippewa Indians, and bear interest at the rate of 5 per centum per annum, which interest shall be expended annually, under direction of the Secretary of the Interior, for the benefit of said Indians, for agricultural, mechanical, educational, and other purposes (including the construction of wagon-roads and bridges, on the reservation), which shall best promote the welfare and civilization of said Indians: Provided, That the wishes of said Indians shall be consulted and govern, as far as proper, in the expenditure of said interest money.
Article IV.
In order to enable the United States to make good and valid title by patent to the said Indians whenever lands shall be allotted to them in severalty upon the diminished reservation described in Article I of this agreement, as hereinafter provided, and to provide that the said diminished reserve shall be their inheritance forever, the said Indians do hereby cede, relinquish, and convey to the United States, all their right, title, and interest in and to the lands embraced in said diminished reservation, for the above specified purposes and no other.
Article V.
It is further agreed that whenever in the opinion of the President the Indians upon the diminished reservation are sufficiently far advanced in civilization to receive allotments in severalty, the lands embraced within the said diminished reservation, or such portion thereof as may be necessary, shall, with their consent, be surveyed and allotted to the said Indians, in quantity as follows: To each head of a family, 160 acres; to each single person over eighteen years of age, 80 acres; to each orphan child under eighteen years of age, 80 acres; and to each other person under eighteen years of age, 40 acres: Provided, That all allotments made under the provisions of this agreement shall be selected by the Indians, heads of families selecting for their minor children, and the chief of the band, and the white missionary of the church to which the child belongs, or the agent in charge, shall select for each orphan child: And provided further, That to improve the morals and protect the property of the Indians, hereafter no female of the Red Lake band of Chippewas, or other band of Indians residing on said diminished reservation, shall be allowed to marry any white man, unless before such marriage is solemnized said white man shall give such evidence of his good moral character, and character for industry, as shall satisfy the agent in charge of the reservation, the white missionary in charge of the church or mission on said reservation, and the chief of the band to which the female is attached, that he is a fit person to reside among the Indians; and any marriage contracted or claimed to have been contracted without such evidence shall not entitle the husband to reside on the reservation: Provided further, That no agent, male teacher, physician, interpreter, trader, farmer, carpenter, blacksmith, or other artisan or employé (Indians excepted) shall be employed, appointed, licensed, or permitted to reside within the Red Lake Reservation (missionaries excepted) who shall not be married and have a family residing with him at his place of employment or trade within the agency.
Article VI.
Upon the approval of the allotments provided for in the preceding article by the Secretary of the Interior, he shall cause patents to issue therefor in the name of the allottees, which patents shall be of the legal effect, and declare that the United States does and will hold the lands thus allotted for the period of fifty years, and such further time as the President of the United States may direct, in trust for the sole use and benefit of the Indians to whom such allotments shall have been made, or in case of his decease, of his heirs, according to the laws of the State of Minnesota, and that at the expiration of said period, the United States will convey the same by patent to said Indian, or his heirs, as aforesaid, in fee, discharged of said trust and free of all charge or incumbrance whatsoever; and if any conveyance shall be made of the lands set apart and allotted as herein provided, or any contract made touching the same, before the expiration of the time above mentioned, such conveyance or contract shall be absolutely null and void: Provided, That the laws of descent and partition in force in said State shall apply thereto, after the first patents therefor have been executed and delivered.
Article VII.
That the residue of lands within said diminished Red Lake Reservation, after allotments shall have been made to all Indians residing thereon, as in this agreement provided, shall be patented to the Red Lake band of Chippewa Indians in common, which patent shall be of the legal effect and declare that the United States does and will hold the lands thus patented for the period of fifty years, and such further time as the President of the United States may direct, in trust and for the sole use and benefit of said Indians, and that at the expiration of said period the United States will convey the same by patent to said Indians, in fee, discharged of said trust and free of all charge or incumbrance whatsoever. Provided, That from the residue of lands thus patented to the said tribe in common, allotments shall be made and patented to each Red Lake Chippewa Indian child who may be born prior to the expiration of the time during which it is provided that said lands shall be held in trust by the United States, in quantity and upon the same conditions, restrictions, and limitations as are provided in the preceding article touching patents to allottees therein mentioned: And Provided further, That these patents when issued shall override the patents authorized to be issued to the tribe aforesaid, and shall separate the individual allotments from the lands held in common, which proviso shall be incorporated in the patent issued to the tribe.
Article VIII.
It is agreed that where there is not a sufficient quantity of timber upon any individual allotment made under this agreement, for necessary building and fencing purposes, and for fuel, the person to whom such allotment falls may, under the direction and supervision of the agent, take timber for said purposes from the unallotted lands held by the tribes in common.
Article IX.
To the end that all of the said Red Lake band of Chippewas may be advanced more rapidly in civilization, the United States hereby agrees to expend a sum of money, not to exceed $100,000 (reimbursable out of the proceeds of the sale of their lands) in the building of an agency saw and grist mill, and in the erection of a comfortable house, and the purchase of 1 cook-stove, 1 yoke of oxen, 1 plow, 1 cow, 1 wagon, 1 ax, 1 hoe, 1 spade, 1 hand-rake, 1 scythe, 1 pitchfork, for each head of a family and each male Indian over eighteen years of age, and each widow without family, who shall be found industrious and in actual need of such assistance; and the Commissioner of Indian Affairs may expend out of said sum such amount for the comfort and civilization of the less needy, but industrious and deserving Indians of the tribe, as he may deem proper.
Article X.
Industrial and district schools shall be established for the education of all the Indian children on the Red Lake diminished reservation, for which necessary provision shall be made.
Article XI.
Necessary carpenters, farmers, blacksmiths, and other artisans and physicians, shall be provided; and in the employment of said carpenters, farmers, blacksmiths, and other artisans, preference shall in all cases be given to the Indians residing on the reservation who are well qualified for such positions. And in order to promote habits of industry amongst the Indians, it is agreed that the agent shall keep an account with each Indian, crediting him with all labor performed in clearing land, fencing the same, plowing, building houses, barns, and out-buildings, and in the transportation of supplies, or other work for the Government, and the said Indian shall be paid for the same in money out of the funds belonging to the tribe, or in such proper articles as he may elect to receive.
Article XII.
It is hereby agreed that the right of way for the construction of railroads and public wagon roads across the Red Lake diminished reservation, shall be granted at such points as the President of the United States shall hereafter designate, when in his opinion the public interests required the construction of such roads: Provided, That full compensation shall be made to the parties entitled thereto for all damages arising from the construction of such roads, the amount of damages to be ascertained in such manner as may be prescribed by the Secretary of the Interior. And free and unobstructed navigation of the lake known as Red Lake is also granted; and it is further agreed that purchasers of timbered lands under this agreement shall be permitted, under supervision of the agent, to pass unmolested through said reservation, for the purpose of removing timber cut on said lands.
Article XIII.
Upon the ratification of this agreement, each and every Indian residing upon the Red Lake Reservation, shall have the benefit of and be subject to the criminal laws of the State of Minnesota, in all offenses the penalty of which is death or imprisonment in the State penitentiary; and said State shall not pass or enforce any law denying any Indian of said reservation the equal protection of the law.
Article XIV.
It is further agreed that the Commissioner of Indian Affairs shall, without unnecessary delay, cause an examination to be made of the books of his office, and whatever sums of money shall be found to be justly due to the Red Lake band of Chippewa Indians on account of former treaties or agreements, shall be paid to the Indians entitled to receive the same.
Article XV.
As soon as practicable after the ratification of this agreement such portions of the boundaries of the diminished reservation as have not already been defined by survey shall be surveyed and plainly marked in a permanent and lasting manner, the expense of such survey to be paid out of the money authorized to be expended in Article IX of this agreement.
Article XVI.
The provisions of existing treaties with the Red Lake Indians, parties hereto, except as herein modified, shall continue in full force.
This agreement shall not be binding upon either party until ratified by Congress.
All interlineations and erasures in this agreement were made, interpreted, understood, and agreed to before signing the same.
Dated and signed in open council, at the old Red Lake Agency, on the Red Lake Reservation, Minnesota, August 23, 1886.
Jno. V. Wright. [SEAL]
Henry B. Whipple. [SEAL]
Charles F. Larrabee. [SEAL]
The foregoing articles of agreement, having been fully explained to us in open council, we the undersigned chiefs and headmen of Red Lake band of Chippewa Indians, residing on what is known as the Red Lake Reservation, in the State of Minnesota, do hereby consent and agree to all the stipulations therein contained.
Witness our hands and seals at the old Red Lake Agency, in the State of Minnesota, this 23rd day of August, 1886.
May-dway-gun-o-mird (his x mark), chief. [SEAL.]
Nah-gon-e-gwon-abe (his x mark), chief. [SEAL.]
Kenew (his x mark), headman. [SEAL.]
O-gub-ay-ah-mah-je-waib (his x mark), headman. [SEAL.]
Mays-kokonoy-ay (his x mark), chief[SEAL.]
AY-UB-E-TUNG (his x mark), headman. [SEAL.]
Way-me-te-go-zheence (his x mark), chief. [SEAL.]
Ben-nah-do (his x mark), headman. [SEAL.]
Ay-nuh-me-ay-ge-shig (his x mark), chief. [SEAL.]
O-mah-you-e-ke-shig (his x mark), headman. [SEAL.]
May-quom-me-wah-nick (his x mark), chief. [SEAL.]
Nah-gon-e-gah-bow (his x mark), headman. [SEAL.]
Nun-duh-wuh-winz (his x mark), headman. [SEAL.]
Joseph C. Roy, headman. [SEAL.]
Kah-doe (his x mark), headman. [SEAL.]
F. W. Johnson, headman[SEAL.]
Pus-n-aus (his x mark), headman. [SEAL.]
William Sayers, headman. [SEAL.]
Nay-ay-tow-ub (his x mark), chief. [SEAL.]
Wain-ding (his x mark), headman. [SEAL.]
Shaw-go-see-kung (his x mark), headman. [SEAL.]
Kay-zhe-gwon-ay-aush (his x mark), headman. [SEAL.]
O-ke-mah-wub (his x mark), headman. [SEAL.]
Mis-ah-bay (his x mark), headman. [SEAL.]
Ke-new-aince (his x mark), headman. [SEAL.]
Ke-new-ub (his x mark), headman. [SEAL.]
Kay-bay-groon (his x mark), headman. [SEAL.]
Kah-ge-gay-ke-shig (his x mark), headman. [SEAL.]
Ke-che-bin-aisheen (his x mark), headman. [SEAL.]
Pe-che-gaunce (his x mark), headman. [SEAL.]
Kah-ke-zhe-baush (his x mark), headman. [SEAL.]
Kah-ge-gay-bin-ais (his x mark), headman. [SEAL.]
Ne-o-ge-shig (his x mark), headman. [SEAL.]
Tay-tah-cum-o-say (his x mark), headman. [SEAL.]
Kay-bay-gah-bow (his x mark), headman. [SEAL.]
John Englisg (his x mark), headman. [SEAL.]
Me-sha-ke-gah-bow (his x mark), headman. [SEAL.]
Alexander Jourdan (his x mark), headman. [SEAL.]
Ish-quay-cune-ig (his x mark), headman. [SEAL.]
Frank Gomeau (his x mark), headman. [SEAL.]
Ne-tow-ig-e-bin-ais (his x mark), headman. [SEAL.]
Wah-ko-wush-aince (his x mark), headman. [SEAL.]
Kog-oonce (his x mark), headman. [SEAL.]
William Jondiam, headman. [SEAL.]
Wah-waish-kay-sheence (his x mark),[SEAL.]
Thomas Gurneau, headman. [SEAL.]
Tay-be-key-shig (his x mark), headman. [SEAL.]
William Gurneau (his x mark), headman. [SEAL.]
Wah-we-yay-cum-ig (his x mark), headman. [SEAL.]
Alexis Jourdain (his x mark), headman. [SEAL.]
Waub-ish-ke-gunz-he (his x mark), headman. [SEAL.]
Bazil Lawrence (his x mark), headman. [SEAL.]
Mais-ko-ke-shig-waib (his x mark), headman. [SEAL.]
Henry Default (his x mark), headman. [SEAL.]
Jee-ke-shig (his x mark), headman. [SEAL.]
Ah-ke-wan-zee (his x mark), headman. [SEAL.]
Kay-bay-oos (his x mark), headman. [SEAL.]
John Baptiste Roy (his x mark), headman. [SEAL.]
Wah-bish-ke-gwon-ayaush (his x mark), headman. [SEAL.]
Ke-che-gah-son (his x mark), headman[SEAL.]
Ke-no-zhance (his x mark), headman. [SEAL.]
Kah-ge-gay-nung (his x mark), headman. [SEAL.]
Piereeish Jourdan (his x mark), headman. [SEAL.]
Ke-new (his x mark), headman. [SEAL.]
Shay-shay-wash (his x mark), headman. [SEAL.]
O-shin-ow-e-ke-shig (his x mark), headman. [SEAL.]
Henry wending (his x mark), headman. [SEAL.]
Ay-sh-quay-gha-bow (his x mark), headman. [SEAL.]
Wain-je-mah-dub (his x mark), headman. [SEAL.]
Ne-gou-ah-quod (his x mark), headman. [SEAL.]
Way-ke-mah-we-je-wong (his x mark), headman. [SEAL.]
May-dway-gua-she (his x mark), headman. [SEAL.]
Nay-sah-wuh-je-waib (his x mark), headman. [SEAL.]
Wah-bish-kah (his x mark), headman. [SEAL.]
Amos big bird, headman. [SEAL.]
C. A. H. Beaulieu, headman. [SEAL.]
Pay-moay-bin-ais (his x mark), headman. [SEAL.]
Alexander Jourdan, Jr. (his x mark), headman[SEAL.]
Ah-sin-e-wua-cumig (his x mark), headman. [SEAL.]
Joseph na-do (his x mark), headman. [SEAL.]
O-mah-ya-we-gah-bow (his x mark), headman[SEAL.]
Francis Jourdain (his x mark), headman. [SEAL.]
Ke-bid-way-o-say (his x mark), headman. [SEAL.]
She-mah-gun (his x mark), headman. [SEAL.]
Attest:
Aloysius, O.S.B., Priest. [SEAL.]
Joseph A. Gilfillan, Missionary. [SEAL.]
Jeremiah Sheehan, P. M. [SEAL.]
T. J. Sheehan, Agent. [SEAL.]
Fred Smith, Interpreter. [SEAL.]
G. M. Wing, Clerk, Com. [SEAL.]
I hereby certify that the foregoing agreement was carefully interpreted and explained by me and was fully understood by the above-named chiefs and headmen before signing, and that the same was executed by said chiefs and headmen at the Old Red Lake Agency, on Red Lake Reservation, Minnesota, on the 23d day of August, 1886.
P. H. Beaulieu,
U. S. Interpreter at White Earth Agency, Minnesota.
John Beaulieu
Special Interpreter.