Agreement-1856, April 26

   This agreement made and concluded this Twenty-sixth day of April in the year our Lord, one thousand Eight Hundred and Fifty-six, by and between the Missionary Society of the Methodist Episcopal Church South of the one part, and the Reverend Thomas Johnson, Johnson County, Kansas Territory, a minister of the said church of the other part, Witnesseth:

   That whereas, by the Second article of the Treaty between the United States and the Shawnee Tribe of Indians, concluded at Washington City, on the tenth day of May in the year of our Lord, one Thousand Eight hundred and Fifty-four, there are set apart to the Missionary Society of the Methodist Episcopal Church South, to include the improvements of the Indian Manual Labor School, three sections of land:— And by the Sixth article of said Treaty, it is stipulated, that said grant shall be confirmed to said Society, or to such person or persons as may be designated by it, by patent from the President of the United States, upon the allowance to the Shawnees, by said Society, of Ten thousand dollars to be applied to the education of their youths:— And, by an agreement between the Commissioner of Indian Affairs on behalf of the Shawnee Indians and the said Missionary Society, entered into on the first day of March, in the year of our Lord, One thousand Eight-hundred and Fifty-five, the said Missionary Society stipulates to receive into the Fort Leavenworth Manual Labor School, thenceforth to be known as and styled the Shawnee Manual Labor School, not exceeding eighty children of the Shawnee Tribe, between the ages of Seven and Seventeen years, and any number of children of Tribes having no school fund, which the Department of the Interior might determine to have taught at said school; —and to give them instruction, board, clothing, and care in the manner set forth in said agreement to which, reference is here made for greater certainty: —in consideration whereof, the Commissioner of Indian Affairs, in behalf of the Shawnees, stipulates among other things, to credit the said Missionary Society, with One thousand Dollars a year of the said Ten thousand Dollars;—the Department to have the privilege of annulling said contract, at any time when, in its opinion, the interests of the Indians require it, the Indians in such case, not to incur responsibility for any damages resulting to the Society therefrom, and the unliquidated balance of the ten thousand Dollars, then, to be adjusted between the parties upon principles of right and equity;— And the said Society, owes it to the personal exertion and expenditures of the said Thomas Johnson, that the three sections of land aforesaid were granted to the Missionary Cause, the same being situated in Township 12 South, Range 25 East of 6th Principal Meridian in Kansas Territory:— And the Society has resolved to reserve to itself one of said Sections, composed of the Southern half of the South-east quarter of section 3, and all of the Southern half of the South-west quarter of said Section, that lies South of the Territorial road, which runs between the Superintendent’s dwelling and the School-house and Boarding house of the said Shawnee Manual Labor School, and of the entire South section of the said Township, except the Eastern half of the South-east quarter, and the Southern half of the South-west quarter of said South section:— And to grant to the said Thomas Johnson one of said sections in consideration of his said services and expenditures in procuring said grant:— And to sell the other and last of said Sections, and the personal property of the Society at said school, for the considerations hereinafter expressed:— Now, the said Missionary Society and the said Thomas Johnson have, this day, entered into and concluded this agreement, and have mutually cevented, promised and agreed, and by these present, do mutually covenant, promise and agree to & with each other as follows:—

   First.— The said Missionary Society, in consideration of the above recited services and expenditures of the said Thomas Johnson, Covenents, promises, and agrees to and with the said Thomas Johnson, his heirs, executors, and Administrators, that the said Society will well and sufficiently, grant, convey and assure to the said Thomas Johnson and his heirs, or to whom he or they shall appoint and direct, one of the aforesaid three sections of land, whenever the constituents thereof shall be hereafter ascertained.

   Secondly.— In consideration that the said Thomas Johnson, his Executors, Administrators or assigns, shall for ten years from the first day of October 1854, should the said Shawnee Manual Labor School be so long maintained by the Government, pay to the said Shawnee Tribe of Indians One Thousand Dollars a year, in tuition, board clothing and care of their children, at Seventy­five dollars each per year: or should said school be discontinued, shall pay to the said Missionary Society, in cash, whatever remains unliquidated of said Ten thousand Dollars,—Then the said Missionary Society covenents, promises and agrees to and with the said Thomas Johnson, his heirs, Executors, and Administrators, well and sufficiently to grant, convey and assure to the said Thomas Johnson and his heirs, or to whom he or they shall appoint and direct, the other and last of the said three sections of land.

   Thirdly.— The said Missionary Society hereby sells, assigns and transfers, to the said Thomas Johnson, his Executors, Administrators and assigns, all its personal property at the said Shawnee Manual Labor School, of the estimated value of Twenty-six hundred and Sixty Dollars.

   Fourthly.— On his part, the said Thomas Johnson For himself, his heirs, Executors, Administrators and Assigns hereby covenants, promises and agrees, to and with said Missionary Society and its successors, in consideration of the premises, that he, or some of them shall and will, well and truly pay or cause to be paid to the Shawnee Tribe of Indians, in the tuition, board, clothing, and care of their children, of the ages above recited, the sum of One thousand Dollars a year, the same to be so paid for ten years, if the school aforesaid should be so long kept up. And if not kept up, then to pay to the Society or its assigns, in cash, the balance of the Ten thousand Dollars aforesaid then remaining unliquidated.

   Fifthly.— In consideration of the Sale, assignment and transfer of the Society’s personal property at the said school, to the said Thomas Johnson, he, for himself, his Executors, Administrators, and Assigns, Covenents, promises and agrees to and with the said Society, to make and maintain such reparations of the Buildings and Farm, situated on the sections reserved by the Society, as to fit the same for the comfortable accommodation of the said Shawnee Manual Labor School, during the said ten years, should the school be kept up so long by the Government, and if it should be discontinued, then to pay in cash to the Society what shall remain unexpended of the said sum of Twenty-six Hundred and Sixty Dollars, deducting therefrom, the sum of Two Hundred and Sixty-six dollars per year for said reparations and repairs, so long as said School shall be continued. It is understood and agreed, by and between said parties, that should the School be discontinued within ten years from the date aforesaid, then the said Thomas Johnson shall be credited upon the said sum of Twenty-six Hundred and Sixty dollars, for the amount of his actual expenditures in said reparations and repairs, not exceeding said sum of Twenty-six Hundred and Six Dollars; Of which expenditures, he is to keep a complete and exact account.

   In testimony whereof, the said Missionary Society of the Methodist Episcopal Church South, by its President, Joshua Soule, has hereunto subscribed its name, and affixed its Corporate Seal; and the said Thomas Johnson has also hereunto subscribed his name and affixed his seal, the day and year aforesaid.

Missionary Society of the Methodist Episcopal Church South
Signed
By Joshua Soule, Prest.
Thom.as Johnson

Test
W.C. Johnson
John A. Ellis

[Photostatic copy in MSS. Dept., K.S.H.S.]

United States of America
District of Middle Tennessee

   Personally appeared before me Jacob M. Gavock Clerk of the Circuit Court of the United States for the District aforesaid, the foregoing named Joshua Soule President of the Missionary Society of Methodist Episcopal Church South, of the one part and the Reverend Thomas Johnson of the other part with whom I am personally acquainted, and acknowledged the foregoing agreement to be their act and deed for the purposes therein contained

   On Testimony whereof I have hereto set my hand and affixed the seal of said Court at office in Nashville this 28 day of April 1865 [sic; 1856] and in the 80 year of our Independence

Jacob M. Gavock.