dians, Oklahoma. United States shall see fit to use them; and further, that the south half of section seven, and the north half of section eighteen, in township six north, range five east, theretofore set apart by a written agreement between said band of Indians and certain Catholic Fathers, for religious, school, and farm purposes, shall not be subject to allotment or homestead entry, but shall be held by the United States for the Sacred Heart Mission, the name under which said association of Fathers are conducting the church, school, and farm on said lands; and Whereas, by a certain agreement with the Absentee Shawnee Indians, Agreement with Abin said Territory, made on the twenty-sixth day of June, eighteen hun- sentence Indred and ninety, said last-named Indians ceded, relinquished, and surrendered, to the United States, all their title and interest in and to the lands in said Territory, and particularly described in Article I of said agreement, provided that all allotments of land theretofore made, or then being made or to be made to said Absentee Shawnees under the provisions of the general allotment act approved February eighth, Ante, p. 33. eighteen hundred and eighty-seven, shall be confirmed; that in all allotments to be thereafter made, no person shall have the right to select his or her allotment in sections sixteen and thirty-six in any Congressional township; nor in any land heretofore set apart in said tract of country for any use by the United States, or for school, schoolfarm, or religious purposes; nor shall said sections sixteen and thirtysix be subject to homestead entry, but shall be held by the United States for such purposes so long as the United States shall see fit to use them; and Whereas, it is provided in the Act of Congress, accepting, ratifying, and confirming said agreements with the Citizen Band of Pottawotomie Indians and the Absentee Shawnee Indians, approved March third, Ante, p. 409. eighteen hundred and ninety-one (26 Stats., pp. 989 to 1044), section 16, * That whenever any of the lands acquired by either of the * foregoing agreements respecting lands in the Indian or Oklahoma Territory shall by operation of law or proclamation of the President of the United States be open to settlement they shall be disposed of to actual settlers only, under the provisions of the homestead and townsite laws (except section twenty-three hundred and one of the Revised States [Statutes] of the United States, which shall not apply): Provided, however, that each settler on said lands shall before making a final proof and receiving a certificate of entry, pay to the United States for the land so taken by him, in addition to the fees provided by law, and within five years from the date of the first original entry, the sum of one dollar and fifty cents per acre, one-half of which shall be paid within two years; but the rights of honorably discharged Union soldiers and sailors as defined and described in sections twenty-three hundred and four and twenty-three hundred and five of the Revised Statutes of the United States shall not be abridged except as to the sum to be paid as aforesaid, and all the lands in Oklahoma are hereby declared to be agricultural lands, and proof of their non-mineral character shall not be required as a condition precedent to final entry;" And Whereas, allotments of land in severalty to said Sac and Fox Nation, said Iowa tribe, said Citizen Band of Pottawatomies, and said Absentee Shawnee Indians have been made and approved, and pro visional patents issued therefor, in accordance with law and the provisions of the before-mentioned agreements with them respectively, and an additional ten acres of land has been selected for the use of said Iowa tribe to be held by said tribe in common, in accordance with the provisions of supplemental article XII of the agreement with them; and Whereas, the lands acquired by the four several agreements hereinbefore mentioned have been divided into counties, by the Secretary of the Interior as required by said last-mentioned act of Congress before the same shall be open to settlement, and lands have been reserved for county-seat purposes, as therein required; and 26 Stat., 81. Landsacquired from Sauk and Fox, Iowa, Citizen Band of Pota watomi, and Absentee ment September 22, 1891. 25 Stat., 980. Schedule. Entries. No person permitted to enter on ceded opening. Whereas, it is provided by act of Congress for temporary government of Oklahoma, approved May 2, 1890, that there shall be reserved public highways four rods wide between each section of land in said Territory, the section lines being the centers of said highways, but no deduction shall be made from cash payments from each quarter section by reason thereof; and Whereas, all the terms, conditions, and considerations required by said several agreements made respectively with said tribes of Indians hereinbefore mentioned, and of the laws relating thereto, precedent to opening said several tracts of land to settlement, have been as I hereby declare, provided for, paid, and complied with: Now, therefore, I, Benjamin Harrison, President of the United States, by virtue of the power in me vested by the Statutes hereinbefore mentioned, also an act of Congress entitled "An act making appropriations for the current and contingent expenses of the Indian Department, and fulfilling treaty stipulations with various Indian tribes for the year ending June thirtieth, eighteen hundred and ninety, and for other purposes," approved March second, eighteen hundred and eighty-nine, and by other the laws of the United States, and by said several agree ments, do hereby declare and make known that all of the lands acquired from the Sac and Fox Nation of Indians, the Iowa tribe of Indians, the Citizen Band of Pottawatomie Indians, and the Absentee Shawnee Indians, by the four several agreements aforesaid, saving and excepting the lands allotted to the Indians as in said agreements provided, or otherwise reserved in pursuance of the provisions of said agreements and the said acts of Congress ratifying the same, and other, the laws relating thereto, will, at and after the hour of twelve o'clock noon (central standard time), Tuesday, the twenty-second day of this, the present month of September, and not before, be opened to settlement, under the terms of and subject to all the conditions, limitations, reservations, and restrictions contained in said agreements, the Statutes above specified, and the laws of the United States applicable thereto. The lands to be so opened to settlement are for greater convenience particularly described in the accompanying schedule, entitled "Schedule of lands within the Sac and Fox, Iowa, Pottawatomie (and Absentee Shawnee) Reservations, in Oklahoma Territory, opened to settlement by proclamation of the President dated September 18, 1891," and which schedule is made a part hereof. Each entry shall be in square form as nearly as practicable, and no other lands in the Territory of Oklahoma are opened to settlement under this proclamation or the agreements ratifying the same. Notice, moreover, is hereby given that it is by law enacted that until lands until day of said lands are opened to settlement by proclamation no person shall be permitted to enter upon and occupy the same, and no person violating this provision shall be permitted to enter any of said lands, or acquire any right thereto. The officers of the United States will be required to enforce this provision. Lands attached to land districts. Eastern district, Oklahoma. And further notice is hereby given that it has been duly ordered that the lands in the Territory of Oklahoma mentioned and included in this Proclamation be, and the same are attached to the eastern and Oklahoma land districts in said Territory, severally, as follows: 1. All that portion of the Territory of Oklahoma, commencing at the southwest corner of township 14 north, range 1, east; thence east on town line between townships 13 and 14 to the west boundary of the Creek country; thence north on said boundary line to the middle of main channel of the Cimarron River; thence up the Cimarron River, following the main channel thereof to the Indian Meridian; thence south on said meridian line to the place of beginning is attached to the eastern land district in Oklahoma Territory, the office of which is now located at Guthrie. 2. All that portion of said Territory commencing at the northwest corner of township 13 north, range 1 east; thence south on Indian Meridian to the north fork of the Canadian River; thence west up said river to the west boundary of the Pottawatomie Indian Reservation, according to Morrill's survey; thence south following the line as run by O. T. Morrill under his contract of September 3, 1872, to the middle of the main channel of the Canadian River; thence east down the main channel of said river to the west boundary of the Seminole Indian Reservation; thence north with said west boundary to the north fork of the Canadian River; thence east down said north fork to the west boundary of the Creek Nation; thence north with said west boundary to its intersection with the line between townships 13 and 14 north of the Indian base; thence west on town line between townships 13 and 14 north to the place of beginning is attached to the Oklahoma land district in said Territory, the office of which is now located at Oklahoma City. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this eighteenth day of September, in the year of our Lord one thousand eight hundred and [SEAL.] ninety-one, and of the Independence of the United States the one hundred and sixteenth. By the President: WILLIAM F WHARTON Acting Secretary of State. BENJ HARRISON Oklahoma district. BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION. Whereas, by the third article of the treaty between the United States of America and the Sisseton and Wahpeton bands of Dakota or Sioux Indians, concluded February 19, 1867, proclaimed May 2, 1867 (15 U. S. Statutes, p. 505), the United States set apart and reserved for certain of said Indians certain lands, particularly described, being situated partly in North Dakota and partly in South Dakota, and known as the Lake Traverse Reservation; and Apr. 11, 1892. 27 Stat., 1017. Preamble. Vol. 2, p. 737. Lake Traverse In Whereas, by agreement made with said Indians residing on said res- Agreement with ervation, dated December 12, 1889, they conveyed, as set forth in article dians. one thereof, to the United States, all their title and interest in and to all the unallotted lands within the limits of the reservation set apart as aforesaid remaining after the allotments shall have been made, which are provided for in article four of the agreement, as follows: That there shall be allotted to each individual member of the bands of Indians, parties hereto, a sufficient quantity, which, with the lands heretofore allotted, shall make in each case one hundred and sixty acres, and in case no allotment has been Ante, p. 432. Lands on Lake Traverse Reservation, North and South Da kota, open to settle ment Apr. 15, 1892. Schedule. No persons permitted to enter until day of opening. Lands attached to land districts. Fargo district, N. Dak. made to any individual member of said bands, then an allotment of one hundred and sixty acres shall be made to such individual; and Whereas, it is provided in article two of said agreement, That the cession, sale, relinquishment, and conveyance of the lands described in article one of this agreement shall not take effect and be in force until the sum of $342,778.37, together with the sum of $18,400, shall have been paid to said bands of Indians, as set forth and stipulated in article third of this agreement; and Whereas, it is provided in the act of Congress approved March 3. 1891 (26 U. S. Statutes, pp. 1036-1038, Sec. 30), accepting and ratifying the agreement with said Indians: That the lands by said agreement ceded, sold, relinquished, and conveyed to the United States shall immediately, upon the payment to the parties entitled thereto of their share of the funds made immediately available by this act, and upon the cou pletion of the allotments as provided for in said agreement, be subject only to entry and settlement under the homestead and townsite laws of the United States, excepting the sixteenth and thirty-sixth sections of said lands, which shall be reserved for common school purposes, and be subject to the laws of the State wherein located: Provided, That patents shall not issue until the settler or entryman shall have paid to the United States the sum of two dollars and fifty cents per acre for the land taken up by such homesteader, and the title to the lands so entered shall remain in the United States until said money is duly paid by such entryman or his legal representatives, or his widow, who shall have the right to pay the money and complete the entry of her deceased husband in her own name, and shall receive a patent for the same, and Whereas, Payment as required by said act, has been made by the United States; and Whereas, Allotments as provided for in said agreement, as now appears by the records of the Department of the Interior will have been made, approved, and completed, and all other terms and considerations required will have been complied with on the day and hour hereinafter fixed for opening said lands to settlement. Now, therefore, I, Benjamin Harrison, President of the United States, do hereby declare and make known that all of the lands embraced in said reservation, saving and excepting the lands reserved for and allotted to said Indians, and the lands reserved for other purposes in pursuance of the provisions of said agreement and the said act of Congress ratifying the same and other, the laws relating thereto will, at and after the hour of twelve o'clock noon (central standard time) on the fifteenth day of April, A. D. eighteen hundred and ninety-two, and not before, be opened to settlement under the terms of and subject to all the terms and conditions, limitations, reservations, and restrictions contained in said agreements, the statutes above specified, and the laws of the United States applicable thereto. The lands to be opened for settlement are for greater convenience particularly described in the accompanying schedule, entitled "Schedule of lands within the Lake Traverse Reservation opened to settlement by proclamation of the President dated April 11, 1892," and which schedule is made a part hereof. Warning, moreover, is hereby given that until said lands are opened to settlement as herein provided, all persons, save said Indians, are forbidden to enter upon and occupy the same or any part thereof. And further notice is hereby given that it has been duly ordered that the lands mentioned and included in this Proclamation shall be, and the same are attached to the Fargo and Watertown land districts, in said States, as follows: 1. All that portion of the Lake Traverse Reservation, commencing at the northwest corner of said reservation; thence south 12 degrees 2 minutes west, following the west boundary of the reservation to the new seventh standard parallel, or boundary line between the States of North and South Dakota; thence east, following the new seventh standard parallel to its intersection with the north boundary of said Indian reservation; thence northwesterly with said boundary to the place of beginning, is attached to the Fargo land district, the office of which is now located at Fargo, North Dakota. Watertown district, 2. All that portion of the Lake Traverse Reservation, commencing s. Dak at a point where the new seventh standard parallel intersects the west boundary of said reservation; thence southerly along the west boundary of said reservation to its extreme southern limit; thence northerly along the east boundary of said reservation to Lake Traverse; thence north with said lake to the northeast corner of the Lake Traverse Indian Reservation; thence westerly with the north boundary of said reservation to its intersection with the new seventh standard parallel, or boundary line between the States of North and South Dakota; thence with the new seventh standard parallel to the place of beginning, is attached to the Watertown land district, the office of which is now located at Watertown, South Dakota. In witness whereof, I have hereunto set my hand and caused the seal of the United States to be affixed. Done at the City of Washington this eleventh day of April, in the year of our Lord one thousand eight hundred and ninety[SEAL.] two, and of the Independence of the United States the one hundred and sixteenth. By the President: JAMES G. BLAINE Secretary of State. BENJ HARRISON BY THE PRESIDENT OF THE UNITED STATES OF AMERICA: A PROCLAMATION. Whereas, by a written agreement made on the day of October, eighteen hundred and ninety, the Cheyenne and Arapahoe tribes of Indians ceded, conveyed, transferred, relinquished and surrendered all their claim, title and interest in and to the lands described in article two of said agreement, as follows, to wit: Commencing at a point where the Washita River crosses the ninety-eighth degree of west longitude, as surveyed in the years eighteen hundred and fifty-eight and eighteen hundred and seventy-one; thence north on a line with said ninety-eighth degree to the point where it is crossed by the Red Fork of the Arkansas (sometimes called the Cimarron River); thence up said river, in the middle of the main channel thereof, to the north boundary of the country ceded to the United States by the treaty of June fourteenth, eighteen hundred and sixty-six, with the Creek Nation of Indians; thence west on said north boundary and the north boundary of the country ceded to the United States by the treaty of March twenty-first, eighteen hundred and sixtysix, with the Seminole Indians, to the one hundredth degree of west longitude; thence south on the line of said one hundredth degree to the point where it strikes the North Fork of the Red River; thence down said North Fork of the Red River to a point where it strikes the north line of the Kiowa and Comanche Reservation; thence east along said boundary to a point where it strikes the Washita River; thence down said Washita River, in the middle of the main channel thereof, to the place of beginning; and all other lands or tracts of country in the Indian Territory to which they have or may set up or allege any right, title, interest or claim whatsoever: Provided, That every member of said tribes shall have an allotment of one hundred and sixty acres Apr. 12, 1892. 27 Stat., 1018. Preamble. Cession of lands by Cheyenne and Arapaho Indians. Vol. 2, p. 714. Vol. 2, p. 694. |