provement money," heretofore apportioned to the Indians upon the Tonawanda reservation, shall be again apportioned by an Agent, to be appointed by the Chiefs and headmen in Council assembled, to be approved by the Secretary of the Interior, which Agent shall make a report of such apportionment 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 use of the band. The services of the Agent, 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 Tonawandas.

In testimony whereof the said Charles E. Mix, Commissioner, as aforesaid, 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. MIX, Commissioner. [Signed by 5 Chiefs.]

The foregoing instrument was, on the day of the date thereof, executed in our presence, and we have hereunto at the same time affixed our names as subscribing witnesses.

JOHN H. MARTINDALE, and 6 others.

Also, the following Chiefs and headmen heartily concur in the foregoing Articles in behalf of themselves and their people:

[Signed by 45 Chiefs.]

Signed in open Council, in presence of, FREDERICK FOLLETT.

NICHOLSON H. PARKER, U.S. Interpreter.

And whereas certain Supplemental Articles of Agreement and Convention were also concluded at the Meeting-house, on the Tonawanda reservation, in the county of Genesee and State of New York, on the 5th day of November, 1857, between Charles E. Mix, Commissioner on hehalf of The United States, 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-whieh Supplemental Articles are in the words and figures following, to wit:

Supplemental Articles of Agreement and Convention made this 5th day of November, in the year 1857, at the Meeting-house on the Tonawanda reservation, in the county of Genesee, 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 part.

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 rate of purchase shall not exceed 20 dollars 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 twenty dollars per acre on an average.

Now, therefore, the said parties of the second part agree, that portions of said reservation may be purchased by the authorized agents of said Indians for them, and paid for out of said sum of 256,000 dollars, at a rate exceeding 20 dollars per acre on an average, provided the contract 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 as a part of the said Articles of Agreement and Convention entered into concurrent with the execu tion of this agreement.

In testimony whereof the said Charles E. Mix, Commissioner as aforesaid, 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. MIX, Commissioner. [Signed by 5 Chiefs.]

The foregoing instrument was, on the day of the date thereof, executed in our presence, and we have hereunto, at the same time, affixed our names as subscribing witnesses.

JOHN H. MARTINDALE, and 6 others.

Also, the following Chiefs and headmen heartily concur in the foregoing Supplemental Articles in behalf of themselves and their people:

[Signed by 47 Chiefs and Headmen.]

Signed in open Council, in presence of, FREDERICK FOLLETT.

NICHOLSON H. PARKER, U.S. Interpreter.

And whereas, the said Treaty and the Supplementary Articles thereunto appended, having been submitted to the Senate of The United States for its constitutional action thereon, the Senate did on the 4th day of June, 1858, advise and consent to the ratification of the same by a resolution, in the words and figures following, to wit:

IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES,

June 4, 1858. "Resolved, (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.

ART. I. The Peruvian nation is the political association of all the Peruvians.

II. The nation is free and independent, and cannot enter into any compact which is opposed to its independence or integrity, or which in any way affects its sovereignty.

III. The sovereignty resides in the nation and the exercise thereof is intrusted to the functionaries established by this Constitution.

CHAPTER II.-Of the Religion.

IV. The nation professes the Catholic, Apostolic, Roman religion; the State protects it by every means conformable to the spirit of the Gospel, nor does it allow the public exercise of any other.

CHAPTER III.-National Guarantees.

V. No one can arrogate the title of Sovereign; whoever should so do would be guilty of treason.

VI. No hereditary privileges, no personal charters, no employments considered as property (empleos in propiedad) are recognised. Neither are entails allowed, and all property is alienable in the form determined by the laws.

By this Article the jurisdiction over ecclesiastical matters, which belongs to the tribunals specified by the canonical laws, is not diminished; nor is the detention of, nor the infliction of corporal punishment upon, ecclesiastical persons, unless in conformity with the canons, authorized thereby.

VII. National property can only be alienated for the objects and in the cases and form specified by the law.

VIII. No taxes can be imposed, except by virtue of a law, for the public service, and in proportion to the means of the contributor. Direct taxes can be imposed for one year only.

IX. The law fixes the receipts and expenditure of the nation; and every amount exacted or expended in violation of its express tenor shall be so done at the joint responsibility of him who orders it, of him who executes it, and of him who receives it, unless the latter prove his innocence.

X. Any law whatsoever which is opposed by the Constitution is null and of no effect. The acts also of those who usurp public functions are null, as likewise the employments conferred upon persons not possessing the qualifications prescribed by the Constitution and the laws.

XI. Every public employé discharged from his office on any charge shall be subjected to examination; and, so long as his innocence remains unproved can neither exercise the same employment nor any other. The fiscals are liable to a State prosecution if they do not insist upon the fulfilment of this provision.

XII. Public functionaries are responsible at all times, conformably to the laws.

XIII. No one can exercise public functions nor possess any charge or benefice unless he swear to fulfil the Constitution.

XIV. Every Peruvian can protest before the Congress, the Executive Power, or any other competent authority, against infractions of the Constitution.

CHAPTER IV.-Individual Guarantees.

XV. No obligations are recognised except such as are imposed by the laws; and no law has a retroactive effect.

XVI. Human life is inviolable; the law cannot impose the punishment of death.

XVII. No one is a slave in the Republic.

XVIII. No one can be arrested without the written warrant of a competent judge, or of the authority intrusted with the preservation of public order, except when taken flagrante delicto; but in every case the party, when taken, must be placed at the disposal of the competent judge within 24 hours.

XIX. No one shall be expatriated or banished without a sentence pronounced in consequence of a legal verdict.

XX. All persons may employ or make use of the press without previous censorship, subject to the responsibility provided by the law.

XXI. The secrecy of letters is inviolable; such as have been abstracted can be productive of no legal effect.

XXII. All labour which is not opposed to the public morals, security, or health, is free.

XXIII. The nation guarantees primary gratuitous instruction, as well as all public establishments of the arts and sciences, piety and benevolence.

XXIV. All those who can produce certificates of ability and morality prescribed by the laws may freely exercise teaching, and direct educational establishments under the inspection of the authorities.

XXV. Property is inviolable, nor can any one be deprived of what belongs to him, except on account of public utility, legally proved, and unless a duly appraised compensation be previously given.

XXVI. Every foreigner may acquire, conformably to the laws, landed property in the Republic, he being, in all that concerns the said property, subject to the obligations and in the enjoyment of all the rights of a Peruvian.

XXVII. The law secures to the inventors or introducers of useful inventions the exclusive proprietorship of them, or a compensation for the value of them, should they agree to publish them.

XXVIII. All citizens possess the right of meeting together peaceably, whether in public or in private, provided public order be not compromised.

XXIX. All may exercise the right of petitioning, whether individually or collectively.

XXX. Private dwellings are inviolable; nor can they be entered without the previous production of a written warrant of a judge, or of the authority to whom is intrusted the preservation of public order; a copy of the said warrant may be required.

XXXI. The laws protect and constrain all equally; special laws may be established because they are required by the nature of the objects, not alone by the difference of persons.

CHAPTER V. Of the Peruvians.

XXXII. There are Peruvians by birth and by naturalization. XXXIII. Peruvians by birth are:

1. Those who are born within the territory of the Republic.

2. The children of Peruvian father or mother who are born in a