President, they shall appear in open court in the district court of The United States for the district of Kansas, and make the same proof and take the same oath of allegiance as is provided by law for the naturalization of aliens, and shall also make proof to the satisfaction of said court that they are sufficiently intelligent and prudent to control their affairs and interests, that they have adopted the habits of civilized life, and have been able to support, for at least five years, themselves and families.

IV. To those members of said tribe who desire to hold their lands in common there shall be set apart an undivided quantity sufficient to allow one section to each chief, one-half section to each headman, and 160 acres to each other head of a family, and 80 acres of land to each other person, and said land shall be held by that portion of the tribe for whom it is set apart by the same tenure as the whole reserve has been held by all of said tribe under the Treaty of 1846. And upon such land being assigned in common, the persons to whom it is assigned shall be held to have relinquished all title to the lands assigned in severalty and in the proceeds of sales thereof whenever made.

V. The Pottawatomies believing that the construction of the Leavenworth, Pawnee, and Western railroad from Leavenworth city to the western boundary of the former reserve of the Delawares is now rendered reasonably certain, and being desirous to have said railroad extended through their reserve, in the direction of Fort Riley, so that the value of the lands retained by them may be enhanced, and the means afforded them of getting the surplus product of their farms to market, it is provided that the Leavenworth, Pawnee, and Western Railroad Company shall have the privilege of buying the remainder of their lands within 6 months after the tracts herein otherwise disposed of shall have been selected and set apart, provided they purchase the whole of such surplus lands at the rate of 1 dollar and 25 cents per acre.

And if said Company make such purchase it shall be subject to the considerations following, to wit: They shall construct and fully equip a good and efficient railroad from Leavenworth city to a point half way between the western boundary of the said former Delaware reserve and the western boundary of the said Pottawatomie reserve (being the first section of said road), within 6 years from the date of such purchase, and shall construct and fully equip such road from said last-named point to the western boundary of said Pottawatomie reserve (being the second section of said road), within 3 years from the date fixed for the completion of said first section; and no patent or patents shall issue to said Company or its assigns for any of said lands purchased until the first section of said railroad shall have

been completed and equipped, and then for not more than half of said lands, and no patent or patents shall issue to said Company or its assigns for any of the remaining portion of said lands until said second section of said railroad shall have been completed and equipped as aforesaid; and before any patents shall issue for any part of said lands, payment shall be made for the lands to be patented at the rate of 1 dollar and 25 cents per acre; and said Company shall pay the whole amount of the purchasemoney for said lands in gold or silver coin, to the Secretary of the Interior of The United States, in trust for said Pottawatomie Indians, within 9 years from the date of such purchase, and shall also in like manner pay to the Secretary of the Interior of The United States, in trust as aforesaid, each and every year, until the whole purchase-money shall have been paid, interest from date of purchase, at 6 per cent. per annum, on all the purchasemoney remaining unpaid.

And if said Company shall fail to complete either section of such railroad in a good and efficient manner, or shall fail to pay the whole of the purchase-money for said land within the times above prescribed, or shall fail to pay all or any part of the interest upon said purchase-money each year as aforesaid within 30 days from the date when such payment of interest shall fall due, then the contract or purchase shall be deemed and held absolutely null and void, and shall cease to be binding on either of the parties thereto, and said Company and its assigns shall forfeit all payments of principal and interest made on such purchase, and all right and title, legal and equitable, of any kind whatsoever, in and to all and every part of said lands which shall not have been before the date of such forfeiture earned and patented pursuant to the provisions of this Treaty.

And whenever any patent shall issue to said Railroad Company for any part of said lands, it shall contain the condition that the said Company shall sell the land described in such patent, except so much as shall be necessary for the working of the road, within 5 years from the issuing of such patent.

And said Company shall have the perpetual right of way over the lands of the Pottawatomies not sold to it for the construction and operation of said railroad, not exceeding 100 feet in width, and the right to enter on said lands and take and use such gravel, stone, earth, water, and other material, except timber, as may be necessary for the construction and operation of said road, making compensation for any damages to improvements done in obtaining such material, and for any damages arising from the location or running of said road to improvements made before the road is located. Such

damages and compensation, in cases where said Company and the persons whose improvements are injured or property taken cannot agree, to be ascertained and adjusted under the direction of the Commissioner of Indian Affairs. And in case said Company shall not promptly pay the amount of such damages and compensation, the Secretary of the Interior may withhold patents for any part of the lands purchased by them until payment be made of the amount of such damages, with 6 per cent. interest thereon from the date when the same shall have been ascertained and demanded.

And in case said Company shall not purchase said surplus lands, or, having purchased, shall forfeit the whole or any part thereof, the Secretary of the Interior shall thereupon cause the same to be appraised at not less than 1 dollar and 25 cents per acre, and shall sell the same, in quantities not exceeding 160 acres, at auction to the highest bidder for cash, at not less than such appraised value.

VI. There shall be selected by the Commissioner of Indian Affairs 320 acres of land, including the church, school-houses, and fields of the St. Mary's Catholic Mission, but not including the buildings and enclosures occupied and used by persons other than those connected with the mission, without the consent of such persons, which shall be conveyed by the Secretary of the Interior to John F. Diel, John Summaker, and M. Gerillain, as trustees for the. use of the society under whose patronage and control the church and school have been conducted within the last 14 years; on condition, however, that, so long as the Pottawatomie nation shall continue to occupy its present reservation, or any portion thereof, the said land shall be used and its products devoted exclusively to the maintenance of a school and church for their benefit. And there shall be reserved and conveyed in like manner, and upon like conditions, 320 acres of land, including the Baptist Mission buildings and enclosures, such conveyances to be made to such persons as may be designated by the Baptist Board of Missions.

VII. By Article VIII of the Treaty of June 5th, 1846, between The United States and the Pottawatomie Indians, it is stipulated "that the annual interest of their improvement fund shall be paid out promptly and fully for their benefit at their new homes. If, however, at any time thereafter, the President of The United States shall be of opinion that it would be advantageous to the Pottawatomie nation, and they should request the same to be done, to pay them the interest of said money in lieu of the employment of persons, to the purchase of implements or machines, he is hereby authorized to pay the same, or any part thereof, in money, as their annuities are paid, at the time of the general payment of annuities."

It is hereby agreed that the interest arising from said improvement fund shall, in all cases hereafter, be paid in such machines and implements as will be useful to the people in their agricultural pursuits, as long as the nation shall desire it to be done, except that the shops and mechanics and physicians, now sustained by the funds of the nation, shall continue to be maintained, as at this time, for one year after this Treaty shall have been ratified.

VIII. If at any time hereafter any band or bands of the Pottawatomie nation shall desire to remove from the homes provided for them in this Treaty, it shall be the duty of the Secretary of the Interior to have their proportionate part of the lands which may be assigned to the tribe appraised and sold, and invest such portion of the proceeds thereof as may be necessary in the purchase of a new home for such band or bands, leaving the remainder, should any remain after paying the expense of their removal, to be invested in 6 per cent. bonds of The United States, for the benefit of such band or bands. Such band or bands so removed shall continue to receive their proportion of the annuities of the tribe.

IX. No provision of this Treaty shall be so construed as to invalidate any claim heretofore preferred by the Pottawatomies against The United States arising out of previous Treaties.

X. It is hereby agreed that the Commissioner of Indian Affairs shall set apart, for the benefit of said allottees, their equal pro rata share of the improvement fund of the tribe, which sum so set apart may be expended in whole or in part by the said Commissioner, and under his direction, for agricultural purposes, as he shall from time to time deem expedient and for the welfare of the said Indians.

XI. Should the Senate reject or amend any of the above Articles such rejection or amendment shall not affect the other provisions of this Treaty, but the same shall go into effect when ratified by the Senate and approved by the President.

WM. W. ROSS, Commissioner on behalf of United States. [Signed by 86 Chiefs.]

Signed in presence of:

L. R. PALMER, and 3 others.

BRITISH ORDER IN COUNCIL, granting the privilege of Copyright in the British Dominions to the Authors of Works of Literature and the Fine Arts, first published, and to the Authors of Dramatic Pieces or Musical Compositions first represented or performed, within the States of Sardinia.*-London, February 4, 1861.

At the Court at Buckingham Palace, the 4th day of February, 1861. PRESENT,

THE QUEEN'S MOST EXCELLENT MAJESTY IN COUNCIL.

WHEREAS a Convention has been concluded between Her Majesty and the King of Sardinia, whereby due protection has been sccured within the States of His Sardinian Majesty, for the benefit of authors of books, dramatic pieces, musical compositions, drawings, paintings, articles of sculpture, engravings, lithographs, and any other works of literature and of the fine arts, in which the laws of Great Britain and of the States of His Sardinian Majesty do now, or may hereafter, give their respective subjects the right of property or copyright, and for the benefit of the lawful representatives or assigns of such authors, with regard to any such works first published within the dominions of Her Majesty:

Now, therefore, Her Majesty, by and with the advice and consent of Her Privy Council, and by virtue of the authority committed to Her by an Act passed in the session of Parliament, holden in the 7th and 8th years of Her reign, intituled "An Act to amend the law relating to international copyright;" [cap. 12]† and of another Act passed in the session of Parliament, holden in the 15th and 16th years of Her reign, [cap. 12]‡ intituled "An Act to enable Her Majesty to carry into effect a Convention with France on the subject of copyright, to extend and explain the International Copyright Acts, and to explain the Acts relating to Copyright in Engravings;" doth order, and it is hereby ordered, that from and after the day next after the day of the publication hereof in the "London Gazette," the authors, inventors, designers, engravers, and makers of any of the following works, that is to say, books, dramatic works, musical compositions, drawings, paintings, sculpture, engravings, lithographs, and any other works of literature and the fine arts, in which the laws of Great Britain give to British subjects the privilege of copyright, and the executors, administrators, and assigns of such authors, inventors, designers, engravers, and makers respectively, shall, as respects works * "London Gazette" of February 5, 1861.

+ Vol. XXXIV. Page 1128.

Vol. XLI. Page 675.