Vol. 2, p. 770.

In force.

"ARTICLE 8. The provisions of the said treaty of 1868, except as herein modified, shall continue in full force, and, with the provisions of this agreement, shall apply to any country which may hereafter be occupied by the said Indians as a home; and Congress shall, by appropriate legislation, secure to them an orderly government; they shall be laws of Cnited States. subject to the laws of the United States, and each individual shall be protected in his rights of property, person, and life.

Indians subject to

this agreement.

"ARTICLE 9. The Indians, parties to this agreement, do hereby Indians pledged to solemnly pledge themselves, individually and collectively, to observe each and all of the stipulations herein contained, to select allotments of land as soon as possible after their removal to their permanent home, and to use their best efforts to learn to cultivate the same. And they do solemnly pledge themselves that they will at all times maintain peace with the citizens and Government of the United States; that they will observe the laws thereof and loyally endeavor to fulfill all the obligations assumed by them under the treaty of 1868 and the present agreement, and to this end will, whenever requested by the President of the United States, select so many suitable men from each band to co-operate with him in maintaining order and peace on the reservation as the President may deem necessary, who shall receive such compensation for their services as Congress may provide.

"ARTICLE 10. In order that the Government may faithfully fulfill the stipulations contained in this agreement, it is mutually agreed that a census of all Indians affected hereby shall be taken in the month of December of each year, and the names of each head of family and adult person registered; said census to be taken in such manner as the Commissioner of Indian Affairs may provide.

"ARTICLE 11. It is understood that the term reservation herein contained shall be held to apply to any country which shall be selected under the authority of the United States as the future home of said Indians.

This agreement shall not be binding upon either party until it shall have received the approval of the President and Congress of the United States.

Police force.

Annual census to be taken in December.

Term

"reserva

tion."

Agreement subject

to approval.

"Dated and signed at Red Cloud agency, Nebraska, September 26, Signatures. 1876.

"GEORGE W. MANYPENNY. [SEAL.]

[Here follows the signature of Marpuja-luta, and others of the Oglala Sioux, Arapaho, and Cheyenne.]

"Dated and signed at Spotted Tail agency, Nebraska, September 23, 1876.

[Here follows the signature of Sinta-gleska, and others of the Brule Sioux.]

Cheyenne River.

"The foregoing articles of agreement having been fully explained Consent of Sioux at to us in open council, we, the chiefs and headmen of the various bands of Sioux Indians, receiving rations and annuities at the Cheyenne River agency, in the Territory of Dakota, do hereby consent and agree to all the stipulations therein contained, with the exception of so much of article 4 of said agreement as relates to our visit and removal to the Indian Territory; in all other respects the said article. remaining in full force and effect.

Consent of Sioux at Standing Rock

Consent of Sioux at Crow Creek.

Consent of Sioux at Lower Brule.

Consent of Sioux at Santee Reservation.

"Witness our hands and seals at Cheyenne River agency, Territory of Dakota, this 16th day of October, A. D. 1876.

[Here follows the signature of Kangi-wiyaka, and others.]

The foregoing articles of agreement having been fully explained to us in open council, we, the undersigned chiefs and headmen of the various bands of Sioux Indians receiving rations and annuities at the Standing Rock agency, in the Territory of Dakota, do hereby consent and agree to all the stipulations therein contained, with the exception of so much of article four of said agreement as relates to our visit and removal to the Indian Territory; in all other respects the said article remaining in full force and effect.

"Witness our hands and seals at Standing Rock agency, Territory of Dakota, this 11th day of October, A. D. 1876.

[Here follows the signature of Mato-nonpa, and others.]

"The foregoing articles of agreement having been fully explained to us in open council, we, the undersigned chiefs and headmen of the Sioux Indians, receiving rations and annuities at Crow Creek agency, in the Territory of Dakota, do hereby consent and agree to all the stipulations therein contained, with the exception of so much of article 4 of said agreement as relates to our visit and removal to the Indian Territory; in all other respects the said article remaining in full force and effect.

"Witness our hands and seals at Crow Creek agency, Territory of Dakota, this 21st day of October, A. D. 1876.

[Here follows the signature of Wanigi-ska, and others.]

66

"The foregoing articles of agreement having been fully explained to us in open council, we, the undersigned chiefs and headmen of the Sioux Indians, receiving rations and annuities at Lower Brule agency, in the Territory of Dakota, do hereby consent and agree to all the stipulations therein contained, with the exception of so much of article 4 of said agreement as relates to our visit and removal to the Indian Territory; in all other respects the said article remaining in full force and effect.

Witness our hands and seals at Lower Brule agency, Territory of Dakota, this 24th day of October, A. D. 1876.

[Here follows signature of Maza-oyate, and others.]

66

"The foregoing articles of agreement having been fully explained to us in open council, we, the undersigned chiefs and headmen of the Sioux Indians, receiving rations and annuities at the Santee reservation, in Knox County, in the State of Nebraska, do hereby consent. and agree to all the stipulations therein contained, saving, reserving, and excepting all our rights, both collective and individual, in and to the said Santee reservation, in said Knox County and State of Nebraska, upon which we, the undersigned, and our people are now residing. "Witness our hands and seals at Santee agency, county of Knox, State of Nebraska, this 27th day of October, A. D. 1876. [Here follows signature of Joseph Wabashaw, and others.] Approved, February 28, 1877.

NOTE. See report of Sioux Commission, in Annual Report for 1876, page 330. See Senate Executive Document No. 9, Forty-fourth Congress, second session. See also relinquishment of hunting privileges by Sioux, Annual Report, 1875, page 179.

Feb. 28, 1877.

19 Stat., 265.

Cherokee strip.

CHAP. 75.-An act to provide for the sale of certain lands in Kansas. Whereas, certain lands in the State of Kansas, known as the CheroMay 2, 1890, 26 Stat., kee strip, being a strip of land on the southern boundary of Kansas, Stat., 1011. See also some two or three miles wide, detached from the lands patented to the Cherokee Nation by the act known as the Kansas-Nebraska bill, in

82, 86; Mar. 3, 1891, 26

note to act May 11,1872, ante, p. 131.

defining the boundaries thereof, said lands still being, so far as unsold, the property of the Cherokee Nation; and

Whereas an act was passed by the Forty-second Congress, which became a law on its acceptance by the Cherokee national authorities, and which fixed the price of the lands east of Arkansas River at two dollars per acre, and west of said river at one dollar and fifty cents per acre; and

Whereas portions of the same have been sold under said law, and portions remain unsold, the price being too high: Therefore,

Kansas, residue to be

Terms.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary shall offer Cherokee strip. in for sale to settlers all of said tract remaining unsold at the passage of sold. this act at the local land offices in the districts in which it is situated, at one dollar and twenty-five cents per acre; and all of said lands remaining unsold after one year from the date at which they are so offered for sale at the local land offices shall be sold by the Secretary of the Interior for cash, in quantities or tracts not exceeding one hundred and sixty acres, at not less than one dollar per acre. SEC. 2. That the proceeds of said lands shall be paid into the Treas-Proceeds; how disury of the United States, and placed to the credit of the Cherokee Nation, and shall be paid to the treasurer of the Cherokee Nation, on the order of the legislative council of the Cherokee Nation.

SEC. 3. That this act shall take effect and be in force from the date of its acceptance by the legislature of the Cherokee Nation, who shall file certificate of such acceptance. Approved, February 28, 1877.

posed of.

When this act to be in force.

ACTS OF FORTY-FIFTH CONGRESS-SECOND SESSION, 1878.

CHAP. 59.-An act to amend an act entitled "An act to provide for the sale of certain New York Indian lands in Kansas," approved February nineteenth, eighteen hundred and seventy-three.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the period within which the thirty-two Indians referred to in the act to which this is an amendment, or their heirs, are required to prove their identity in order to entitle them to the benefits of said act, be, and the same is hereby, extended for two years from the nineteenth day of February, eighteen hundred and seventy-eight.

Approved, April 17, 1878.

CHAP. 63.-An act to authorize the issue of a patent of certain lands in the Brothertown reservation in the State of Wisconsin, to the persons selected by the Brothertown Indians.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Commissioner of the General Land Office be, and he is hereby, authorized to give full title to the Brothertown Indians of all the township of land, containing twenty-three thousand and forty acres of land lying on the east side of Winnebago Lake, in the State of Wisconsin, which, by the provision of a treaty made with the Menomonee Indians, on the seventeenth day of February, eighteen hundred and thirty-one, and ratified on the ninth day of July eighteen hundred and thirty-two, was reserved for the use of the Brothertown Indians, and

a Acceptance by delegates, May 12, 1872. (See Cherokee, I. 79.) The Cherokee Council passed an act December 1, 1877, accepting the conditions and provisions of this act. (See Union, R. 530.)

Vol. 2, p. 276.

Patents to be issued to trustees.

which, by a subsequent treaty with the Menomonees, bearing date October twenty-seventh, eighteen hundred and thirty-two, and ratified the thirteenth day of March, eighteen hundred and thirty-three, was further secured to the Brothertown Indians, the right to have the same partitioned, divided and held by them separately and severally in fee simple.

SEC. 2. That for such purpose, the Commissioner of the General Land Office is hereby fully directed, empowered, and authorized to make and issue a patent of all the lands contained in said township which are now unpatented to Laton Dick, senior, Lucius S. Fowler, David Fowler, and Orrin G. Johnson, residents of Brothertown, Calumet County, and State of Wisconsin, and members of the Brothertown tribe, in trust for the Brothertown Indians: Provided, however, Lands may be sold. That said lands, or any part thereof, shall be sold by said trustees whenever a majority of said Brothertown tribe shall petition for the same: such sale to be made at public auction and to the highest and best bidder in cash therefor, after first giving sixty days' notice of such sale by advertisement in some newspaper published in Calumet County, State of Wisconsin; such advertisement to state the time and place of sale, the terms of sale, and a description of the land to be sold. And Distribution of pro- the said trustees shall distribute and pay over the proceeds arising from such sale or sales to the Brothertown Indians, according to the former usages, customs, and regulations of said tribe. Approved, April 20, 1878.

At public auction.

Advertisement.

ceeds.

May 3, 1878. 20 Stat., 48.

rado may be consoli dated on White River. Mar. 3, 1979, ch. 182,

post, p. 176.

a

CHAP. 87.-An act authorizing the President of the United States to make certain negotiations with the Ute Indians in the State of Colorado.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President of the United States be, and he is hereby, authorized and empowered to enter into negotiations with the Ute Indians, in the State of Colorado, for the consolidation of all the bands into one agency, to be located on the White River, or near said river, and for the extinguishment of their right to the southern portion of their reservation in said State, and to report his proceedings under this act to Congress for its consideration and approval; the expense of such negotiations to be paid by the United States, and to be hereafter appropriated.

Approved, May 3, 1878.

NOTE.-Report of Commission and articles of agreement dated November 9, 1878. See Annual Report, 1879, pp. 170-181.

May 27, 1878. 20 Stat., 63.

CHAP. 142.-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 thirtieth, eighteen hundred and seventy-nine, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums be, and they are hereby, appropriated, out of any money in the Treasury not otherwise appropriated,

[20 Stat., 74.]

Nez Perces of Jo

seph's band.

Report of Nez Perce

For this amount, or so much thereof as may be necessary, to be Commission, Dec. 1, expended, under the direction of the Secretary of the Interior, in the See Annual Report removal of the Nez Perces Indians of Joseph's band, now held as pris

1876.

for 1877, p 211.

a Trustees filed petition of March 23, 1879, in General Land Office for patent for said lands.

Deed from

Chero

oners of war at Fort Leavenworth, Kansas, to such suitable location in the Indian Territory" as the United States has a right to use for such purpose, consistent with existing treaties or arrangements with tribes occupying Indian Territory, and for their settlement thereon, kee dated June 14, and for clothing, subsistence, and such other articles as may be 1883. required for their advancement in civilization, including the employ- 6, ment of such skilled labor as may be necessary to aid in teaching them civilized pursuits with a view to their future self-support, the sum of twenty thousand dollars.

p. 476.

See Indian deeds, v. See note to 1888, ch. 717, post, p. 288.

[20 Stat., 76.]

For this amount, or so much thereof as may be necessary, to be expended under the direction of the Secretary of the Interior, to be immediately available, in the removal of the Ponca Indians from their present location on the Quapaw reservation, Indian Territory, to a new one' west of the Kaw or Kansas, and between the Arkansas and Shakaskia Rivers, and for their settlement thereon, preparation of land for cultivation, purchase of agricultural implements, wagons, 1883. stock cattle, and such other articles as may be required for their advancement in civilization, including the employment of such skilled labor as may be necessary to aid and teach them civilized pursuits See note to 1899, ch. with a view to their future self-support, thirty thousand dollars, and 129, post, p. 676. which amount may be immediately available; in all, forty-five thousand five hundred dollars.

CHAP. 200.-An act to legalize certain patents issued to members of the Pottawatomie tribe of Indians.c

Deed from Cherokee dated June 14, See Indian deeds, v. 6, p. 473.

June 14, 1878.

20 Stat., 542.

Patent

to,

Vol. 2, p. 628.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the patents Potawatomi issued April fifteenth, eighteen hundred and seventy-one, to certain dians. Pottawatomie Indians in the State of Kansas, under the third article of firmed. the treaty between the United States and the Pottawatomie tribe of Indians, of November fifteenth, eighteen hundred and sixty-one, and the sixth and eighth articles of the treaty between the United States and said tribe of Indians, concluded February twenty-seventh, eighteen hundred and sixty-seven, be, and the same are hereby declared to be, valid and in full force and effect to the same extent as they would have been had said patentees become naturalized citizens of the United States prior to the issuing of said patents: Provided, That this act Proviso. shall only apply to patents for lands for which conveyances have been made in good faith by the patentees subsequent to the issuing of their patents.

Approved, June 14, 1878.

a See Annual Report, 1882, page lxiii, for location.

b Description of reserve, see Annual Report, 1882, page 272.

e Claims of the Potawatomi are referred to the Court of Claims by the following acts: March 3, 1885, chapter 341 (23 Stat., 372); March 19, 1890, chapter 39 (post, p. 348); March 3, 1891, chapter 543 (post, p. 408); and a further claim by the same act, (post, p. 414).

Provisions relative to the Citizens Band will be found in the act of March 3, 1891, chapter 543, ratifying an agreement with that band, and in the acts of August 15, 1894, chapter 290 (post, p. 520), and May 31, 1900, chapter 598 (post, p. 701).

Payments are authorized to be made to the Potawatomi in Kansas by joint resolution of April 6, 1892 (post, p. 457), and the sale of the Kansas lands is provided by the act of February 28, 1899, chapter 222 (post, p. 680), repealing sections 10 and 11 of the act of March 2, 1895, chapter 188 (28 Stat., 909).

Vol. 2, p. 748.

In

con