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Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.
Whereas, by a written agreement made on the eighth day of December, eighteen hundred and ninety, the Crow tribe of Indians, in the State of Montana, agreed to dispose of and sell to the United States, for certain considerations in said agreement specified, all that portion of the Crow Indian reservation, in the State of Montana, lying west and south of the following lines, to wit:
Beginning in the mid-channel of the Yellowstone River, at a point which is the northwest corner of section Number thirty-six, township Number two north, of range twenty-seven east, of the principal meridian of Montana, thence running in a southwesterly direction, following the top of the natural divide between the waters flowing into the Yellowstone and Clarke’s Fork Rivers upon the west and those flowing into Pryor Creek and West Pryor Creek on the east, to the base of West Pryor Mountain. Thence due south and up the north slope of said Prior Mountain on a true meridian line to a point fifteen miles due north from the established line between Montana and Wyoming; thence in a due easterly course on a parallel of latitude to a point where it intersects the mid-channel of the Big Horn River, thence following up the mid-channel of said river to a point where it crosses the Montana and Wyoming State line,
And
Whereas it is stipulated in the eleventh clause or section of said agreement that all lands upon that portion of the reservation by said agreement ceded, which, prior to the date thereof, had been allotted in severalty to Indians of the Crow tribe, shall be retained and enjoyed by them; and
Whereas it is provided in the twelfth clause or section of said agreement, that, in accordance with the provisions of article six of the treaty of May seventh, Anno Domini eighteen hundred and sixty-eight, said cession of lands shall not be construed to deprive without his or her consent, any individual Indians of the Crow tribe of his or her right to any tract of land selected by him or her in conformity with said treaty, or as provided by the agreement approved by Congress April eleven, Anno Domini eighteen hundred and eighty-two; and
Whereas it is further provided in said twelfth clause or section, that in ratifying said agreement the Congress of the United States shall cause all such lands to be surveyed and certificates duly issued for the same to said Indians, as provided in the treaty of May seventh, eighteen hundred and sixty-eight, before said ceded portion of the reservation shall be opened for settlement; and
Whereas by the thirteenth clause or section of said agreement of December eighth, eighteen hundred and ninety it is made a condition of said agreement that it shall not be binding upon either party until ratified by the Congress of the United States, and when so ratified that said cession of lands so acquired by the United States shall not be opened for settlement until the boundary lines set forth and de-
scribed in said agreement have been surveyed and definitely marked by suitable permanent monuments, erected every half mile, wherever practicable, along the entire length of said boundary line; and
Whereas said agreement was duly ratified and confirmed by the thirty-first section of the Act of Congress approved March third, eighteen hundred and ninety-one; and
Whereas, it is provided in section thirty-four of said Act of March third, eighteen hundred and ninety-one;
That whenever any of the lands acquired by the agreement with said Crow Indians hereby ratified and confirmed shall by operation of law or the proclamation of the President of the United States be open to settlement, they shall, except mineral lands, be disposed of to actual settlers only, under the provisions of the homestead laws, except section twenty-three hundred and one of the Revised Statutes, which shall not apply; Provided, however, That each settler, under and in accordance with the provisions of said homestead laws, shall, before receiving a patent for his homestead, 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 for each acre thereof one-half of which shall be paid within two years; and any person otherwise qualified who has attempted to, but for any cause failed to secure a title in fee to a homestead under existing law, or who made entry under what is known as the commuted provision of the homestead law, shall be qualified to make a homestead entry upon any of said lands in conformity with the provisions of this section. That any person who may be entitled to the privilege of selecting land in severalty under the provisions of article six of the treaty of May seventh, eighteen hundred and sixty eight, with the Crow Indians, and which provisions were continued in force by the agreement with said Indians ratified and confirmed by the act of Congress, approved April eleventh, eighteen hundred and eighty-two, or any other act or treaty, shall have the right for a period of sixty days to make such selections in any part of the territory by said agreement ceded, and such locations are hereby confirmed: Provided, further, That all white persons who located upon said Crow Reservation by reason of an erroneous survey of the boundary and were afterwards allowed to file upon their location in the United States Land Office, shall have thirty days in which to renew their filings and their locations are hereby confirmed, and that in all cases where claims were located under the mining laws of the United States, and such location was made prior to December first eighteen hundred and ninety, by a locator qualified therefor who believed that he or she was so locating on lands outside the Crow Indian Reservation, such locator shall be allowed thirty days within which to re-locate the said mining claims so theretofore located by them, within the limits of the ceded portion of said Crow Indian Reservation, and upon such re-location such proceedings shall be had as are conformable to law and in accordance with the provisions of this act;
And
Whereas the boundary lines of said ceded lands have been duly surveyed and marked as stipulated in the thirteenth clause or section of said agreement; and
Whereas a written agreement was concluded with said Crow Indians on the twenty-seventh day of August, eighteen hundred and ninety-two, under and by virtue of the following clause in the Indian Appropriation Act of Congress, approved July thirteenth, eighteen hundred and ninety-two, to wit:
* * To enable the Secretary of the Interior in his discretion, to appoint a commission to negotiate with the Crow Indians of Montana, for a modification of the agreement concluded with said Indians, December twenty-eighth, eighteen hundred and ninety, and ratified by Congress March third, eighteen hundred and ninety-one, and to pay the necessary and actual expenses of said commissioners: Provided, That no such modification shall be valid unless assented to by a majority of the male adult members of the Crow tribe of Indians, and be approved by the Secretary of the Interior,
which said agreement was assented to by a majority of the male adult members of the Crow tribe of Indians, as attested by their signatures thereto, and has been duly approved by the Secretary of the Interior; and
Whereas, it is stipulated and agreed in the first clause or section of said agreement of August twenty-seventh, eighteen hundred and ninety-two, that the persons named in a schedule attached to and made a part of said agreement, marked “schedule A” include all the mem-
bers of said Crow tribe who are entitled to the benefits of the eleventh section of said agreement of December eighth, eighteen hundred and ninety and that each of said persons is entitled to the land therein described as his selection, in full satisfaction of his claim under said section; and that the persons named in a schedule attached to and made a part of said agreement of August twenty-seventh, eighteen hundred and ninety-two, marked “schedule B,” include all the members of said tribe who are entitled to the benefits of the twelfth section of said agreement of December eighth, eighteen hundred and ninety, and of the proviso of the thirty-fourth section of the Act of Congress approved March third, eighteen hundred and ninety-one, extending the privilege of making selections on the ceded lands for a period of sixty days, and that each of the said persons therein named is entitled to retain the tract of land theretofore selected by him within the limits of the tract of land therein described as containing his selection of his claim under the said section (or the said proviso): and
Whereas, it is stipulated and agreed by the second clause or section of said agreement of August twenty-seventh, eighteen hundred and ninety-two, that all lands ceded by said agreement may be opened to settlement, upon the approval of the said agreement, by proclamation of the President:
Provided, That all lands within the ceded tract selected or set apart for the use of individual Indians, and described in the aforesaid schedules “A” and “B,” shall be exempt from cession and shall remain a part of the Crow Indian Reservation, and shall continue under the exclusive control of the Interior Department until they shall have been surveyed and certificates or patents issued therefor, as provided in the agreement of December eighth, 1890, or until relinquished or surrendered by the Indian or Indians claiming the same. Provided, further, that such lands shall be described as set forth in schedules “A” and “B,” and shall be exempted from settlement in the proclamation of the President opening the ceded lands, and that where lands so set apart are not described by legal subdivisions then the township or section, or tract of land, within whose limits such Indians selections are located, shall not be opened to settlement until the Indian allotments therein contained shall have been surveyed and proper evidence of title issued therefor.
Now, Therefore, I, Benjamin Harrison, President Of The United States, by virtue of the power in me vested by the agreements and statutes hereinbefore mentioned, and by other the laws of the United States do hereby declare and make known that all of the lands within that portion of the Crow Indian Reservation in Montana ceded to the United States by the said agreement of December eighth, eighteen hundred and ninety, and hereinbefore described, except those hereinafter mentioned and described, are open to settlement, under the terms of and subject to all the conditions, limitations, reservations, and restrictions, contained in the thirty-fourth section of the Act of Congress approved March third, eighteen hundred and ninety-one, and hereinbefore quoted, and other laws applicable thereto
The lands exempted from the operation of this proclamation, being those embraced in schedules “A” and “B,” attached to the agreement of August twenty-seventh, eighteen hundred and ninety-two, are described as follows:
In Township One North, range twenty-six East.
Fractional section twenty-four; the north half; the east half of southeast quarter and west half to southwest quarter of fractional section twenty-five; fractional section twenty-six; Lot five of fractional section thirty-four; the north half of northeast quarter and the northeast quarter of northwest quarter of section thirty-five; and and northeast quarter of northeast quarter of section thirty-six.
In Township one North, range twenty-seven East.
Fractional section seven; lots one, two, three, four, five and six, the southwest quarter of northeast quarter; the southeast quarter and the south half of the southwest quarter of fractional section eight; the south half of northwest quarter of section nine; the north half of the northwest quarter and the southwest quarter of the northwest quarter of section seventeen; fractional section eighteen; the north half and the southwest quarter of section nineteen.
In Township three, south, range twenty-four east.
The north half of the southwest quarter of section three; the southeast quarter of the northeast quarter, and Lots two, three and four of section four; fractional sectional five; the southeast quarter; and the south half of the southwest quarter of section six; section seven; west half of section eight; the east half of the northwest quarter; and the southwest quarter of the northwest quarter of section seventeen; lots one, two, three, four, five and six; the northeast quarter of the northeast quarter; the south half of the northeast quarter; and the southeast quarter of the northwest quarter and the south half of section eighteen; lots one, three, four and five; and the east half of southwest quarter section nineteen; and lots one, two three and four in section thirty.
In Township four south, range twenty-three east.
Lots four, five, six, seven, eight, nine and thirteen, the south half of northwest quarter; the southeast quarter of southeast quarter; and the northeast quarter of the southwest quarter section one; section two; the north half; the southeast quarter and the north half of southwest quarter section three; section four; the east half and the southwest quarter of section eight; the north half; and the southwest quarter of section nine; the east half and the southwest quarter of section eleven; section twelve; the north half; the south half of the southeast quarter; the east half of the southwest quarter; and lots one, two and three of section thirteen; the north half; the southeast quarter and the south half of the southwest quarter of section fourteen; the north half of section seventeen; the north half; the east half of the southeast quarter; and the north half of the southwest quarter of section eighteen; the northwest quarter of section nineteen; the east half and the northwest quarter of section twenty; the south half of the northwest quarter of section twenty-two; all of section twenty-three, except the northwest quarter of northwest quarter; section twenty-four; lots two and three in section twenty-five; the north half of northeast quarter; the northwest quarter; the north half of the southwest quarter; and lots one, two, five, six, seven, and eight of section twenty-six; the south half of the southeast quarter of section twenty-seven; the northwest quarter of section thirty-three; the fractional east half and the southwest quarter of section thirty-four; lots two, three, four, five, six, seven, nine and ten of section thirty-five.
In Township five south of range twenty-three East.
Lot five and southwest quarter of northwest quarter of section two; lots one, two, six, seven, eight, nine, twelve and fourteen and southeast quarter of southeast quarter of section three; the fractional east half; the south half of northwest quarter; and the southwest quarter of section four: the south half of the northeast quarter; and the north half of the southeast quarter of section seven; the south half of the north half and the south half of section eight; lots one, two, three,
four, six, seven and eight; and the west half of section nine; lots one, two, three and four; the west half of the northeast quarter and the south half of section ten; the northwest quarter of section fifteen; section sixteen; the east half of the northeast quarter and the south half of section seventeen; the northwest quarter of the northeast quarter; the southeast quarter of the southeast quarter; the west half and lots one, two, four and five section twenty; the southwest quarter of section twenty-one; the west half of southwest quarter section twenty-six; the south half of section twenty-seven; the west half of the northeast quarter; the northwest quarter and the south half of section twenty-eight; lots one, two, three, four, six and seven; the northwest quarter; the south half of the southeast quarter; and the west half of the southwest quarter of section twenty-nine; the northeast quarter of northeast quarter; the northeast quarter of the southeast quarter and the south half of the southeast quarter of section thirty; the northeast quarter; the northeast quarter of the northwest quarter; and the southeast quarter of section thirty-one; lots three, four, five, six, nine and ten; the southwest quarter of the southeast quarter; and the southwest quarter of section thirty-two; lot one, the north half of the northeast quarter; and the northwest quarter of section thirty-three, and the west half of the northeast quarter and the northwest quarter of section thirty-four.
In Township one North of range fifteen East.
The southwest quarter of the northwest quarter; the northwest quarter of the southwest quarter; and the south half of the southwest quarter of section twenty-seven; the southeast quarter of the northeast quarter; and the east half of the southeast quarter of section twenty-eight; the east half of the northeast quarter of section thirty-three; the north half; the north half of the southeast quarter; and the northeast quarter of the southwest quarter of section thirty-four; the south half of the north half; and the south half of section thirty-five; and the southwest quarter of the northwest quarter; the southeast quarter; the north half of the southwest quarter; and the southwest quarter of the southwest quarter of section thirty-six.
In Township one north, range sixteen East.
The southwest quarter of the southwest quarter of section thirty-one.
In Township one south of range fifteen east.
The north half of the north half; and the southeast quarter of the northeast quarter of section one.
In Township one south of range sixteen east.
The north half of the northeast quarter and the southwest quarter of the northwest quarter of section six; and the southeast quarter of the northeast quarter of section twenty-four.
In Township one south of range eighteen east.
The southeast quarter of the southwest quarter of section twenty-seven; the northwest quarter of the southeast quarter and the south half of the southeast quarter of section twenty-eight; the north half of the northeast quarter of section thirty-three; and the northeast quarter and the east half of the northwest quarter of section thirty-four.
In Township one south of range seventeen east.
The east half of the northeast quarter; the east half of the northwest quarter; the southwest quarter of the northwest quarter; the northwest quarter of the southeast quarter; and the northeast quarter of the southwest quarter of section nineteen; the south half of the southeast quarter and the southeast quarter of the southwest quarter of section twenty-eight; and the north half of the northeast quarter and the northeast quarter of the northwest quarter of section thirty-three.
In Township one south of range twenty-five east.
The northeast quarter of the southeast quarter; the south half of the southeast quarter; and the southeast quarter of the southwest quarter of section twenty-five; and the northeast quarter of the northwest quarter and the west half of section thirty-six.
In Township one south of range twenty-six east.
The south half of the southeast quarter of section nineteen; the southeast quarter; the northeast quarter of the southwest quarter; and the south half of the southwest quarter of section twenty; the west half of the southwest quarter of section twenty-one; the west half of the northwest quarter of section twenty-eight; the north half; and the northwest quarter of the southwest quarter of section twenty-nine; the north half of the northeast quarter; the southeast quarter of the northeast quarter; the southwest quarter of the northwest quarter; the north half of the southeast quarter; and the southwest quarter of section thirty.
In Township two south of range thirteen East.
The southwest quarter of the northwest quarter and the northwest quarter of the southwest quarter of section twenty-seven; the southeast quarter of the northeast quarter and the east half of the southeast quarter of section twenty-eight; and the east half; the east half of the northwest quarter; the northeast quarter of the southeast quarter and the northeast quarter of the southwest quarter of section thirty-three.
In Township two south of range eighteen east.
The southeast quarter and the east half of the southwest quarter of section one.
In Township two south of range twenty east.
The east half; the east half of the northwest quarter; the southwest quarter of the northwest quarter and the north half of the southwest quarter of section twenty-eight; the northeast quarter; and the north half of the southeast quarter of section twenty-nine; the south half of the northeast quarter; the north half of the southeast quarter; and the southeast quarter of the southeast quarter of section thirty-four; the south half of the north half and the south half of section thirty-five; and the southwest quarter of the northwest quarter; the northwest quarter of the southeast quarter; the south half of the southeast quarter; and the southwest quarter of section thirty-six.
In Township two south of range twenty-one east.
The west half of the northeast quarter; the northwest quarter of the southeast quarter; the east half of the west half; and the southwest quarter of the southwest quarter of section thirty-two.
In Township two south of range twenty-four east.
The northeast quarter of the southeast quarter; and the south half of the southeast quarter of section twenty-one; the northeast quarter; the north half of the southeast quarter; and the southwest quarter of section twenty-two; the west half of the northwest quarter of section twenty-seven; the northeast quarter of section twenty-eight; and the northeast quarter; the southeast quarter of the northwest quarter; the north half of the southeast quarter; and the southwest quarter of section twenty-nine.
In Township three south of range eighteen east.
The west half of section fourteen; the west half of the northeast quarter and the east half of the northwest quarter of section twenty-three; the southwest quarter of the northeast quarter; the southeast quarter of the northwest quarter; the northwest quarter of the southeast quarter; and the northeast quarter of the southwest quarter of section thirty-one; the northeast quarter; the south half of the northwest quarter and the north half of the southwest quarter of section thirty-two; the south half of the northeast quarter and the southeast quarter of section thirty-three; the southwest quarter of the northeast quarter; and the south half of the northwest quarter; the west half of the southeast quarter; and the southwest quarter of section thirty-four; the south half of section thirty-five; and the southeast quarter of the northeast quarter; and the southeast quarter of section thirty-six.
In Township three south of range nineteen east.
The northeast quarter; the north half of the southeast quarter; the southwest quarter of the southeast quarter; and the east half of the southwest quarter of section twelve; the northwest quarter of section twenty-nine; the east half of the northeast quarter; the southwest quarter of the northeast quarter; the southeast quarter of the northwest quarter; and the south half of section thirty; and the southwest quarter of the northwest quarter and the west half of the southwest quarter of section thirty-one.
In Township three south of range twenty east.
The northeast quarter; the north half of the northwest quarter; the southeast quarter of the northwest quarter; and the northeast quarter of the southeast quarter of section one; the north half of the northeast quarter and the northeast quarter of the northwest quarter of section two; the north half of the northwest quarter; the southwest quarter of the northwest quarter; and the west half of the southwest quarter of section 5; the southeast quarter of the northeast quarter; the southeast quarter; and the southeast quarter of the southwest quarter of section six; and the west half of the northeast quarter and the northwest quarter of section seven.
In Township three south of range twenty-one east.
The northwest quarter of the southwest quarter and the south half of the southwest quarter of section five; the east half of the southeast quarter and the west half of section six; the northeast quarter of the northeast quarter of section seven; and the north half of the northwest quarter of section eight.
In Township three south of range twenty-three east.
The southeast quarter of the northeast quarter and the east half of the southeast quarter of section twelve; the east half of section thirteen; the southeast quarter of the southeast quarter of section twenty-three; the southeast quarter of the northeast quarter; the east half of the southeast quarter; and the southwest quarter of the southwest quarter of section twenty-four; the east half of the east half; the west half of the northwest quarter; and the southwest quarter of section twenty-five; the northeast quarter of the southeast quarter and the south half of the southeast quarter of section twenty-six; the south half of the south half of section thirty-four; the northeast quarter; the north half of the southeast quarter; the southwest quarter of the southeast quarter; and the south half of the southwest quarter of section thirty-five; and the northwest quarter of section thirty-six.
In Township four south of range eighteen east.
The northwest quarter of the northeast quarter and the north half of the northwest quarter of section three; the north half of the northeast quarter of section four; the southeast quarter of the southwest quarter of section thirteen; the west half of the northeast quarter; the east half of the northwest quarter; the southeast quarter; and the northeast quarter of the southwest quarter of section twenty-four; the northeast quarter; the north half of the southeast quarter; the southwest quarter of the southeast quarter; and the southwest quarter of section twenty-five; the south half of the southeast quarter of section twenty-nine; the northwest quarter of the northeast quarter and the northeast quarter of the northwest quarter of section thirty-two; the northeast quarter of the northeast quarter; the northwest quarter; the northeast quarter of the southeast quarter; and the south half of the southeast quarter of section thirty-five; and the west half of the northeast quarter; the northwest quarter; and the northwest quarter of the southwest quarter of section thirty-six.
In Township six south of range eighteen east.
The east half of the southeast quarter and the southwest quarter of the southeast quarter of section twenty; and the west half of the northeast quarter; the northeast quarter of the northwest quarter; and the south half of the northwest quarter of section twenty-nine.
In Township six south of range nineteen east.
The northeast quarter; the east half of the northwest quarter; the southwest quarter of the northwest quarter; the north half of the southeast quarter; and the northwest quarter of the southwest quarter of section fifteen; the southeast quarter of the northwest quarter; and the northeast quarter of the southwest quarter of section sixteen; the south half of the northeast quarter and the north half of the southeast quarter of section nineteen; and the south half of the northwest quarter and the north half of the southwest quarter of section 20.
In Township six south of range twenty-three east.
The north half of the northwest quarter and the north half of the southeast quarter of section five; the south half of the southeast quarter of section eight; section seventeen; and the west half of the northwest quarter of section sixteen.
Tract 1. Beginning at a point in the mid-channel of the Yellowstone River one and one-half miles below the mouth of the Clark’s Fork River; thence running in a southwesterly direction along a line parallel to and one and one-half miles distant from the mid-channel of the Clark’s Fork River to the south line of township two south of range twenty-four east; thence west along said township line to the mid-channel of the Clark’s Fork River; thence northeast along the mid-channel of the Clark’s Fork River to the mid-channel of the Yellowstone River; thence northeast along the mid-channel of said river to the point of beginning.
Tract 2. All that part of township two south of range twenty-four east lying south of the Yellowstone River and west of the Clark’s Fork River.
Tract 3. Sections twenty-nine, thirty-one, and thirty-two, township five south of range twenty-one east; sections five, six, seven, eight, seventeen and eighteen, township six south of range twenty-one east; and sections one, two, eleven, twelve, thirteen and fourteen, township six south of range twenty east.
Tract 4. Beginning at a point in the mid-channel of the Yellowstone River opposite the mouth of Duck Creek; thence running in a southwesterly direction along the mid-channel of the Yellowstone River to a point one and one half miles below the mouth of the Clark’s Fork River; thence in a southwesterly direction along a line parallel to and one and one half miles distant from the mid-channel of the said Clark’s Fork River to a point one and one half miles due south of the mid-channel of the said Yellowstone River; thence running in a northeasterly direction along a line parallel to and one and one half miles distant from the mid-channel of the Yellowstone River to the mid-channel of Duck River; thence in a northerly direction along the mid-channel of Duck Creek to the point of beginning.
Tract 5. All that part of townships two and three south of range twenty-three lying south of the mid-channel of the Yellowstone River and north of a line running parallel thereto and one and one half miles distant therefrom.
Tract 6. Beginning in the mid-channel of the main, or West, Fork of Red Lodge Creek at the point where it intersects the line known as the line of the Blake Survey, and which was formerly supposed to be the south boundary of the Crow Indian Reserve; thence running due east along the lines of said Blake Survey for a distance of one mile; thence running northeasterly along a line parallel to and one mile from the mid-channel of the said West Fork of said Red Lodge Creek for a distance of ten miles; thence due west to the mid-channel of the said West Fork of said Red Lodge Creek; thence southwesterly along the mid-channel of the said West Fork of said Creek to the place of beginning.
Tract 7. Township four south of ranges twenty-one and twenty-two east.
Tract 8. All that part of the east half of township one south of range twenty-six east, lying south of the Yellowstone River; and all that part of the west half of township one south of range twenty-seven east, lying south of the Yellowstone River.
Tract 9. Section fourteen, township three south of range nineteen east.
Tract 10. Beginning in the mid-channel of the Main or West Fork of Red Lodge Creek at the point where it intersects the line known be the south boundary of the Crow Indian Reserve; thence running due east along the line of said Blake survey for a distance of one mile; thence running northeasterly along a line parallel to and one mile from
the mid-channel of the said West Fork of said Red Lodge Creek for a distance of ten miles; thence due west to the mid-channel of the said West Fork of said Red Lodge Creek; thence southwesterly along the mid-channel of the said West Fork of said Red Lodge Creek to the place of beginning.
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 fifteenth day of October, in the year of our Lord one thousand eight hundred and ninety-two and of the Independence of the United States the one hundred and seventeenth.
BENJ HARRISON
[SEAL.]
By the President:
JOHN W. FOSTER,
Secretary of State.
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