empted may be sold. Minimum price. Improvements. What is not pre- the district where the said lands are situated. And the portion of the said reservation which may not be settled upon, as aforesaid, may be sold at public auction, as other public lands are sold, are sold, after which they shall be subject to sale at private entry, as other public lands of the United States, but no portion thereof shall be sold for a sum less than their appraised value before the first of January, Anno Domini eighteen hundred and sixty-five, nor for a less price than one dollar and twenty-five cents per acre, unless otherwise provided by law: Provided, That where improvements have been made upon said lands by persons authorized by law to trade with said Indians, the value of such improvements, or the price for which the same may be sold, shall be paid to the parties making the same; and in case the land upon which such improvements shall have been made shall be purchased by the parties making the same, at the appraised value as aforesaid, the value of the improvements so made by him shall form no part of the purchase price to be paid for said land. SEC. 4. And be it further enacted, That the lands of said Indians debts to be sold by which have been set apart for the payment of the debts of the said Indians shall be sold on sealed bids for the best price the same will Time, etc., for bid- bring; but no bids shall be received for said lands until the first day of January, Anno Domini eighteen hundred and sixty-five, for less than two dollars and fifty cents per acre. Bids shall be received for tracts of quarter sections; and for such tracts conforming to the What received in Government surveys less than one hundred and sixty acres as will secure the largest price for said lands, the Secretary is authorized to receive, in payment of said lands, certificates of indebtedness of said Indians, issued by the Commissioner of Indian Affairs for the debts of said Indians, secured to be paid out of the sale of said lands by the third article of the treaty of the said Indians with the United States, concluded at Washington on the fifteenth Proceeds, how dis- day of April, eighteen hundred and fifty-nine. The money arising 1870, c. 296, post, from the sale of their said lands, after paying the indebtedness Lands set apart for sealed bids. ding. payment. posed of. p. 127. required by said treaty to be paid shall be paid into the Treasury of the United States, and shall be expended as the same is received, under the direction of the Secretary of the Interior, in necessary improvements upon their new reservation; and it shall be the duty of Allotments in sev- the Secretary of the Interior to allot to said Indians in severalty lands 1895, c. 114, post, which they may respectively cultivate and improve, not exceeding eralty. p. 557. Patents to issue. Annual appropriations, how expended. Discrimination favor of faithful chiefs. laws of State. eighty acres to each head of a family other than to the chiefs, to whom larger allotments may be made, which lands, when so allotted, shall be vested in said Indian and his heirs, without the right of alienation, and shall be evidenced by patent. SEC. 5. And be it further enacted, That the money to be annually appropriated for the benefit of the said Indians shall be expended in such manner as will, in the judgment of the President, best advance the said Indians in agricultural and mechanical pursuits, and enable in them to sustain themselves without the aid of the Government. And in such expenditure reasonable discrimination may be made in favor of the chiefs who shall be found faithful to the Government of the United States, and efficient in maintaining its authority and the peace Subject to criminal of the Indians. Said Indians shall be subject to the laws of the United States, and to the criminal laws of the State or Territory in which they may happen to reside. They shall also be subject to such rules and regulations for their government as the Secretary of the Interior invalid, without con- may prescribe; but they shall be deemed incapable of making any cept contracts with valid civil contract with any person other than a native member of their tribe without the consent of the President of the United States. Secretary of Interior The Secretary of the Interior shall also make reasonable provision for to provide for their the education of said Indians, according to their capacity and the means at his command. Contracts of Indians sent of President, ex natives. education. Approved February 21, 1863. ACTS OF FORTY-FIRST CONGRESS-SECOND SESSION, 1870. CHAP. 296.—An Act making appropriations for the current and contingent expenses of the Indian Department and for fulfilling treaty stipulations with various Indian tribes for the year ending June thirty, eighteen hundred and seventy-one, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, * * * * For the purpose of refunding to the Winnebago Indians the amount taken from their tribal funds to pay the expenses of their removal from Minnesota, the sum of two hundred and thirty-two thousand three hundred and forty-five dollars and ninety-nine cents, of which two hundred thousand dollars shall be placed to the credit of these Indians upon the books of the treasury, on which shall be allowed five per cent. per annum, the income therefrom to be expended under the direction of the Secretary of the Interior, for the erection of houses, the improvement of their allotments of lands, the purchase of stock, agricultural implements, seeds, and other beneficial purposes. * * July 15, 1870. 16 Stat., 335. [16 Stat., 355.] Winnebago fúnd. [16 Stat., 561.] Claims of certain winnebago in Minnesota to be investi gated. Patents to issue. 1863, c. 53, ante, p. 125, and note. 132. 12 Stat., 1101. 1895, c. 114, post, p. 557. Proviso if lands have SEC. [9.] And be it further enacted, That the Secretary of the Interior be, and hereby is, directed to cause to be investigated and to determine the claims of certain Indians of the Winnebago tribe now lawfully residing in the State of Minnesota; to issue patents without the right of alienation to those of them whom he shall find to be entitled thereto for the lands heretofore allotted to them in severalty, or which may have been designated by them for allotment, under the provisions 1872, c. 233, post, p. of the treaty ratified March sixteen, eighteen hundred and sixty-one, or of an act entitled "An act for the removal of the Winnebago Indians, and for the sale of their reservation in Minnesota for their benefit" approved February twenty-one, eighteen hundred and sixty-three, and which may not have been sold or disposed of by the United States; and in case of such sale, then such land as may be hereafter designated by them for allotment as aforesaid out of any unsold lands within the been sold. limits of said Winnebago reservation in Minnesota, and should it be impracticable to make such allotments within the limits of said reservation on good agricultural lands, then they may be made on any public lands of the United States subject to sale at private entry within the State of Minnesota. And the said Winnbago Indians, and all others being members of said tribe lawfully residing in the State of Minnesota, shall hereafter be entitled to receive their pro rata distributive proportion of all annuities in goods, money, or property, and any other moneys to which said tribe is or may be entitled under any law or treaty now in force, at their homes in Minnesota, the same as though they had removed West and settled with the Western Winnebagoes. ing to become citizens SEC. [10] And be it further enacted, That if at any time hereafter Such Indians desirany of the said Indians shall desire to become citizens of the United of the United States States they shall make application to the judge of the district court to do what. of the United States for the district of Minnesota, and in open court make the same proof and take the same oath of allegiance as is provided by law for the naturalization of aliens, and shall also make proof to the satisfaction of said court that they are sufficiently intelligent and prudent to control their affairs and interests; that the[y] have adopted the habits of civilized life and have for at least five years previous thereto been able to support themselves and families; whereupon they shall be declared by said court to be citizens of the United be citizens. States, which declaration shall be entered of record, and a certificate thereof given to said party. On the presentation of the said certificate to the Secretary of the Interior, with satisfactory proof of identity, he may at the request of such person or persons cause the land sev- Lands may be conerally held by them to be conveyed to them by patent in fee simple, simple and portion of with power of alienation, and may at the same time cause to be paid money paid. May be declared to veyed to them in fee to them their proportion of all the moneys and effects of said tribe, held in trust by or under the provisions of any treaty or law of the United States. And on such patents being issued, and such payments to ordered to be made, such person shall cease to be members of said of the tribe, etc.. upon, tribe, and thereafter the lands so patented to them shall be subject to levy, taxation, and sale, in like manner with the property of other citizens. Such persons cease to be members etc. Feb. 6, 1871. 16 Stat., 404. The two townships of land set apart for the Stockbridge and Munsee tribe of Indi; ans to be examined and appraised. Appraisal to state what. post, p. 500. public inspection. Where to be turned. Approved, July 15 1870 ACTS OF FORTY-FIRST CONGRESS-THIRD SESSION, 1871. CHAP. 38.-An act for the relief of the Stockbridge and Munsee tribe of Indians, in the State of Wisconsin. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the two townships of land, situated in the county of Shawanaw, and State of Wisconsin, set apart for the use of the Stockbridge and Munsee tribe of Indians, shall, under direction of the Secretary of the Interior, be examined and appraised, by two or more disinterested appraisers to be selected by him, in eighty acre lots, according to public survey; such appraisal shall state the quality of the soil, the quantity, quality, and value of Act of Mar. 3, 1893, the timber growing on each lot, estimating the pine timber at not less than one dollar per thousand, and the value of all improvements, if any, made thereon, with the name of the owner of such improvements, as certified by the sachem and councillors of said tribe, and, when returned to the land office of the district in which said lands are situated, be To be subject to subject to public inspection for at least thirty days before the day appointed for the sale of such lands, as hereinafter provided. One re- copy of said appraisal shall be made and returned to the land office of the district, and a duplicate thereof to the Secretary of the Interior, within six months from the passage of this act, and the person[s] Pay of appraisers. appointed to make such appraisal shall be allowed such compensation for their services as may be fixed by the Secretary of the Interior. SEC. 2. And be it further enacted, That the said two townships of sale at public auction, land shall be advertised for sale, by notice of not less than three months, to be published in at least three newspapers of the district having general circulation, and shall be offered at public auction, at the nearest Government land office within the Green Bay agency, to the highest bidder, in lots of not exceeding eighty acres each, but shall not be sold for less than the appraised value thereof. None of said lands shall be subject to entry until they shall have been offered as aforesaid, and then only at the price fixed by such appraisal. All of said lands remaining unsold at the expiration of one year after they shall have been offered as aforesaid shall again be advertised and offered at public auction at the nearest Government land office within the Green Bay agency, at not less than the minimum of one dollar and twenty-five When subject to pri- cents per acre, and thereafter shall be subject to private entry at the To be sold for cash latter price, and shall in all cases be sold for cash only: Provided, Not over eighteen however, That the Secretary of the Interior is hereby authorized to sections may be re- reserve from sale a quantity of said lands not exceeding eighteen contiguous sections, embracing such as are now actually occupied and improved, and are best adapted to agricultural purposes, subject to allotment to members of the Indian party of said tribe as hereinafter provided. The two townships to be advertised for Notice of time and place of sale. Mode of sale. Not subject to entry until, etc. Lands unsold to be again offered for sale, etc. vate entry. only. served from sale, sub ject, etc. Proceeds of sale, how to be applied. SEC. 3. And be it further enacted, That from the first proceeds of the sale of lands, as provided in the second section of this act, shall be paid the expenses of appraisal and sale of said lands, the amount due to individuals for improvements as returned by the appraisers, and the amount of the debts contracted by the sachem and councillors for the benefit of said tribes, amounting to the sum of eleven thousand dollars, according to a schedule to be certified by them, and returned to the commissioner of Indian affairs. be made up showing Vol. 2, p. 391. R. S., 2310. Amount found due divided. SEC. 4. And be it further enacted, That, immediately after the Statement to returns shall be received at the General Land-Office of the last public whole amount due sale according to the provisions of this act, a statement shall be made to the Stockbridge up, under the direction of the Secretary of the Interior, exhibiting and Munsee Indians. the gross amount of moneys realized from the sale of the said two townships of land, after deducting therefrom the sums appropriated by the preceding sections of this act, to which said amount shall be added the value of the lands remaining unsold of said two townships, 22 June, 1874, c. 389, estimating the same at sixty cents per acre; also the sum of six thou- 18 Stat., 174. sand dollars held in trust by the Government of the United States for the use of the Stockbridge and Munsee tribes of Indians, under the treaty of eighteen hundred and thirty-nine; and the total amount thereof shall constitute the entire sum of money due from the Government of the United States to the said Stockbridge and Munsee tribes of Indians, to be paid and appropriated for their benefit as hereinafter directed. SEC. 5. And be it further enacted, That the sum of money thus found due to the said tribes shall be divided between the citizen and Indian the tribes, how to be parties of said tribes, in proportion to the number of each, respectively, according to rolls thereof, made and returned in conformity with the provisions of this act to the Commissioner of Indian Affairs: That Citizens. portion of said sum belonging to the citizen party shall be equally divided among them per capita, and paid to the heads of families, and adult members of said party; that portion of said sum belonging to the Indian party. Indian party shall be placed to their credit on the books of the treasurer of the United States, and bear interest at the rate of five per centum per annum, payable semi-annually, and said interest shall be applied to the support of schools, the purchase of agricultural implements, or paid in such other manner as the President may direct: Provided, however, That a part of said sum due the Indian party, not exceeding thirty thousand dollars, may, on the request of the sachem and councillors of said tribe, be expended in securing a new location for said tribe, and in removing and aiding them to establish themselves in their new home; and in case of their procuring and removal to such new location, at any time, the said eighteen sections of land reserved for their use by the second section of this act shall be sold in the manner therein provided, and the proceeds thereof be placed to their credit as aforesaid. Interest, how to be applied. New location. Two rolls to be prepared. Citizen roll to include whom. See Wells's report Indian roll. Rolls to be signed, turned to Commisone SEC. 6. And be it further enacted, That for the purpose of determining the persons who are members of said tribes and the future relation of each to the Government of the United States, there shall be prepared, under the direction of the Commissioner of Indian Affairs, or such person as may be selected by him to superintend the same, two rolls, one to be denominated the citizen roll, to embrace the names of all such persons of full age, and their families, as signify their desire to separate their relations with said tribe, and to become Apr. 29, 1874. [Green citizens of the United States; the other to be denominated the Indian Bay, W., 664.] roll, and to embrace the names of all such as desire to retain their tribal character and continue under the care and guardianship of the United States; which said rolls shall be signed by the sachem and councillors of said tribe, certified by the person superintending the same, and returned to the Commissioner of Indian Affairs, but no person of full age shall be entered upon said citizen roll without his or her full and free consent, personally given to the person superintending such enrollment: nor shall any person, or his or her descendants, be entered upon either of said rolls who may have heretofore separated from said tribe and received allotment of lands under the act of Congress for the relief of the Stockbridge tribe of Indians, of March. third, eighteen hundred and forty-three, and amendment of August six, eighteen hundred and forty-six, or under the treaty of February five, eighteen hundred and fifty-six, or who shall not be of Stockbridge Vol. 2, p. 556. or Munsee descent. After the said rolls shall be made and returned -9 S. Doc. 452, pt 1 etc., certified, and resioner of Indian Af Certain persons not to be entered on rolls. 5 Stat., 645. 9 Stat., 55. held as a surrender by Citizen roll to be as herein provided, the same shall be held as a full surrender and relinthose thereon of all quishment on the part of the citizen party, each and every one of them, claims as members of of all claims to be thereafter known or considered as members of said tribe, etc. The Indian party to be known as, etc. tribe, or in any manner interested in any provision heretofore or hereafter to be made by any treaty or law of the United States for the benefit of said tribes, and they and their descendants shall thenceforth be admitted to all the rights and privileges of citizens of the United States. SEC. 7. And be it further enacted, That after the said rolls shall have been made and returned, the said Indian party shall thenceforth Where to be located. be known as the "Stockbridge Tribe of Indians," and may be located upon lands reserved by the second section of this act, or such other reservation as may be procured for them, with the assent of the council Adoption void, etc. of said tribe, and their adoption among them of any individual, not of Indian descent, shall be null and void. Reservation when obtained, etc., to be and allotted. Males. SEC. 8. And be it further enacted, That as soon as practicable, after surveyed, subdivided, a suitable and permanent reservation shall be obtained and accepted by said tribe, either at their present home or elsewhere, the same shall, under the direction of the Secretary of the Interior, be surveyed and subdivided to correspond with the public survey, and the council of said tribe under the superintendence of the agent of the United States, shall make a just and fair allotment of so much thereof (in compact form) as may be required, among the individuals and families comHeads of families. posing said tribe, as follows: Each head of a family consisting of four persons shall receive eighty acres of land, and if consisting of more than four persons, at the discretion of the council, eighty acres more may be assigned to him or her; each male person above the age of eighteen years, not included in any family, shall receive eighty acres; each female person above the age of eighteen years, not a member of able, and how to de: any family, and each orphan child, shall receive forty acres; the lands assigned and allotted as aforesaid shall be held inalienable, and in case of the death of any person, his or her right thereto shall descend to his or her heirs, if members of said tribe, and if he or she dies without heirs capable of inheriting, the land shall revert to and become the common property of said tribe; there shall also be set apart and appropriated a lot, not exceeding forty acres, to be held as common property on which to erect a church, parsonage, school-house, and other improveFemales to forfeit, ments necessary for the accommodation of said tribe: Provided, That if any female shall marry out of said tribe, she shall thereby forfeit all right to hold any of said lands, as if deceased. Females. scend. Common be inalien reserva tion for church, schoolhouse, etc. if, etc. Allotments to be made, etc., within one year. United States in trust. SEC. 9. And be it further enacted, That the allotments contemplated in the previous sections of this act shall be made, and a certified copy thereof returned to the Commissioner of Indian Affairs, within one year after the reservation shall have been made and accepted by said Title to be in the tribe; and thereafter the title of the lands described therein shall be held by the United States in trust for individuals and their heirs to Surplus lands after whom the same were allotted. The surplus lands embraced in such reservation remaining after making such allotments shall be held in like manner by the United States, subject to be allotted to individuals of said tribe who may not have received any portion of said reservaNo change, etc. in tion, or to be disposed of for the common benefit of said tribe: Provided, That no change or addition shall be made in the allotment returned to the Commissioner of Indian Affairs, unless the same shall be approved by the Secretary of the Interior. allotments. allotment unless, etc. J. G. BLAINE, Speaker of the House of Representatives. Vice-President of the United States Received by the President, January 25, 1871. [NOTE BY THE DEPARTMENT OF STATE.-The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the House of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.] |