It appears that the modification agreed to by the Menomonees were acceded to by the New York Indians "with a request that the treaty thus modified might be ratified and approved by the President and the Senate of the United States." The acceptance by the Stockbridges and Munsees, and other tribes from New York, of the modifications proposed to the treaty aforesaid, is fully set forth in the following, which is appended as a part of the treaty as ratified.

To all to whom these presents shall come, the undersigned Chiefs and head men of the sundry tribes of New York Indians (as set forth in the specifications annexed to their signatures) send greeting."

Whereas, a tedious, perplexing, and harassing dispute and controversy have long existed between the Menomonee nation of Indians and the New York Indians, those(?) particularly known as the Stockbridge, Munsee and Brothertown tribes, the Six nations and St. Regis tribe. The treaty made between the said Menomonee nation, and the United States, and the conditional ratification thereof

Signed "for and on behalf of the Stockbridges and Munsees" by

John Meloxen John N Quinny Austin Quinny Jacob Chicks Robert Konkapa Thos J Hendrick Benjamin Palmer Sampson Medgard(?) + Capt Porter

See Vol. Ind treaties, pages 551, 552, 555 + 556.

In his report transmitting the agreement before referred to Gov Porter says "In pursuing my instructions, the next step was to ascertain whether the New York Indians would signify their acceptance of the modifications required by the Menomonies. All their Chiefs and head men were accordingly assembled, and the proposition submitted to them. Owing as is

Friday October 26- At 9 o clock A M agreeable to appointment, the Governor, Co^l Boyd, the interpreters, any many citizens attended, but no Indians appeared.

About 10 o clock Sampson Marquis, a Stockbridge Indian, appeared and addressing himself to the Governor in the English language, remarked that the rest of the Indians, who had met us in Council yesterday, were at Mr Bealls office; that he was drawing up a paper for them to sign, by which they refused to accept of the proposition made by the Menomonees; and as soon as it should be completed a committee or deputation would bring it to the Council rooms. That Mr Beall had told them not to meet again in council; but to let him advise them, and draw up in writing an answer to

It will be seen by reference to Vol 8, same series of documents before referred to, pages 396-7-8-9.

As also connected with this subject, I refer you to Vol 8 aforesaid, pages 528 to 554 inclusive, being a report of S. C. Stambaugh Esq to the Secretary of War.

From the foregoing statement and references the following facts would appear- 1^st That, in the treaties between the United States and the several Indian tribes, in which reference is made to the White river country, the claim of the Muh-he-con, or Stockbridge Indians, to any portion thereof is nowhere admitted, or even referred to; further, than that provision was made to secure any improvements which might be made by them upon said land. That up to the year 1818, when that country was ceded to the United States, the Stockbridge Indians had not left the State of New York. That their claim thereto was fully investigated and the Bill reported for their relief, rejected by the House of Representatives as early as the year 1820. That whatever their claim might have been it was formally relinquished to the United States, for a consideration deemed adequate therefor, on 17^th March 1821. That thereafter up to the year 1839, no application for any further indemnity from the United States was asked- but, on the contrary, those

2^nd  That the Menomonee Indians denied that in the agreements of 1821 and 1822, they intended to convey the land therein designated; that their understanding of those agreements was, that they had only given the Stockbridges and other New York Indians permission to occupy the land for agricultural purposes. That although the Agreements were entered into with the approbation of the President of the United States, yet, as soon as he was apprised of the objections and denial of the Menomonees, Commissioners were appointed for the purpose of adjusting the difficulties between the respective parties. That after the subject had been fully investigated, the Stockbridge and other Indians from New York represented to the President of the United States their willingness to abridge their claim upon the Menomonees nearly one half, and upon that basis, prayed the concurrence and sanction of the Government; That the treaty of 1831 with the Menomonees, modified by that of 1832 with the same Indians, affected a settlement of the whole difficulty in a manner and upon terms which met the approbation of the Stockbridges and those acting in their behalf. That the

I deem it my duty here to state that any other tribe of Indians with whom we have negotiated treaties, has the same semblance of equity upon the Government for additional compensation for lands acquired from them by purchase, as have the Stockbridges; and if we now go back and reopen for the purpose of readjusting our former arrangements with the latter, it will set a precedent for other tribes to demand that the same course be pursued with regard to them.

The petition enclosed by you is herewith returned.

Hon. S. Houston   of the Comtte on Ind Affairs                Senate, U S.

Very Respectfully      your obt Servt      W. Medill