ROYCE. ] TREATY OF APKIL 27, 1863. 359 
stipulated that the price to be paid for the lands so set apart should be 
such as might be agreed upon between the Cherokees and the immi- 
grant tribes, subject to the approval of the President of the United 
States, who, in case of a disagreement between the parties in interest, 
was authorized to fix the value. 
Osages.—The treaty of September 29, 1865,! with the Osages, hav- 
ing in view the possibility of some early arrangement whereby the 
Kansas tribes might be removed to Indian Territory, made provision 
that in case such a removal of the Osages should take place their re- 
maining lands in Kansas should be disposed of and 50 per cent. of the 
proceeds might be applied to the purchase of their new home. Nothing 
was done in the line of carrying out this idea until the spring of 1868, 
when, in reply? toa communication from the Commissioner of Indian 
Affairs on the subject, the Cherokee delegation asserted the willingness 
of their nation to dispose of a tract for the future home of the Osages 
not exceeding 600,000 acres in extent and lying west of 96°, provided 
a reasonable price could be agreed upon for the same. <A few weeks 
later* a treaty was concluded between the United States and the 
Osages, which made provision for setting apart a tract for their oceu- 
pation in the district of country in question, but the treaty failed of 
ratification. The necessity for their removal trom Kansas, however, 
increased in correspondence with the demands of advancing settlements, 
and Congress, by an act approved July 15, 1870,* provided that, when- 
ever the Osages should give their assent, a tract should be set apart 
for their permanent occupancy in the Indian Territory equal in extent 
to 160 acres for each member of the tribe who should remove there. 
For this tract they wer. to pay a price not exceeding that paid by the 
United States, the cost to be defrayed out of the proceeds arising from 
the sale of their Kansas lands. The assent of the Osages to the provis- 
ions of this act was promptly secured through the medium of a commis- 
sion consisting of J. V. Farwell, J. D. Lang, and Vincent Colyer, of the 
President’s Board of Indian Commissioners. A tract was selected in the 
Cherokee country immediately west of 96°, as was supposed, and the 
Osages were removed to it. Their condition was for a time, however, 
most unsatisfactory. Many trespassers were found to be upon the lands 
selected for them. To crown this trouble, a new survey located the line of 
the 96th meridian a considerable distance to the west of what had pre- 
viously been presumed its proper location. This survey deprived the 
Osages of the greater part of the tillable land upon which they had set- 
tled and included the most valuable of their improvements. To a prop- 
osition allowing the Osages to retain the lands thus found to be east of 
96°, the Cherokees returned an emphatic refusal, on the ground that the 

' United States Statutes at Large, Vol. XIV, p. 687. 
2 April 10, 1868. 
3 May 27, 1868. 
‘United States Statutes at Large, Vol. XVI, p. 362. 
