Draft Treaty-1864, March 18

   A new treaty was made March 18, 1864, under the direction of the Secretary of the Interior nullifying the treaty of May 10, 1854 and the contract aforesaid, and ordering the public sale of the Mission lands in question and an equitable distribution of the proceeds of the same. This treaty is now pending in the Senate. The fifth Article of the said pending treaty is in the words following: viz.

   Article 5th, The contract entered into by George W. Manypenny Commissioner of Indian Affairs, and E.W. Sehon who assumed to act in the name and on behalf of the Missionary Society of the Methodist Episcopal Church South, on the 5th day of March 1855 being one of great hardship as to the Shawnees, and the said Society having engaged in the present rebellion against the laws and authority of the United States before the expiration of said contract and thereby rendered a compliance with its stipulations impossible, the said Contract is hereby declared forfeited. Nevertheless if the Secretary of the Interior shall be satisfied that under color of said contract any loyal citizen of the United States has conducted a school and furnished the means for clothing, boarding, and educating of the children of the tribe at the Shawnee Manual Labor School that he shall, upon the application of such citizen it made within one year after the ratification of this treaty, cause an account to be taken of the number or said children, thus clothed boarded and instructed, during each year from the first day of October 1854, to the close of said school on the 30th day of September 1862; and that he shall also have an account taken of the aggregate sum of money which has been paid to or received by such claimant for his services and expenditures: and the annual and aggregate value of the rents and profits of the said land and improvements received and enjoyed by him during such period. And should said Secretary determine that the said claimant has not been fully and fairly paid, he is hereby authorized to pay him any balance thus found to be due out of any fund now or hereafter in the hands of the Government to the credit of the Shawnee Indians not otherwise appropriated. Provided, that not more than one hundred dollars shall be allowed for each child for the ordinary Scholastic year. In order to ascertain the facts and fairly adjust said accounts the Secretary of the Interior may receive or cause to be taken the testimony of the parties interested and residents in the vicinity of the school.

   And the said Missionary Society of the Methodist Episcopal Church South, having neglected to pay for said three sections of land, and having thereby and for the same reason before stated as affecting the validity of the contract aforesaid forfeited all claim or right to any legal or equitable interest in or to the said three sections of land, the provisions of the treaty of May 10, 1854 are hereby abrogated and declared null and void, And the Secretary of the Interior shall sell said lands upon such terms and in such quantities as he may deem best for the interest of the tribes; and upon the payment of the purchase money a patent in fee simple shall issue to the purchaser his heirs or assigns.”

   Memorial of the Attorneys for the Methodist Church North to the President of the United States. See May 4, 1865

[This treaty was never ratified]