INDIAN AFFAIRS: LAWS AND TREATIES. Vol. 1, Laws

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.

Chapter 209
Sections 10 | 11 | 12 | 13 | 14 | 15 | 16

Margin Notes
Chap. 209	Indian Department appropriations.
Chap. 209	Payment to Indian scouts and soldiers, military service. [27 Stat., 624.]
Chap. 209	Sioux outbreak.
Chap. 209	War of the rebellion Ante, p. 428. Vol. 2, p. 588. 12 Stat., 652. Ante, p. 428. Ante, p. 431.
Chap. 209	Distribution per capita.
Chap. 209	Pay rolls. Ante. p. 431.
Chap. 209	Mistakes. etc., in enrollment.
Chap. 209	Alexander Redwing may sell to American Missionary Association land for cemetery Nebraska. [27 Stat., 630.]
Chap. 209	Omaha Indians, Nebraska. See 1882, c. 434, and note ante, p. 212.
Chap. 209	Allotments.
Chap. 209	Indian women and children born since allotments made.
Chap. 209	Provisos. Conditions, etc. Ante p. 214.
Chap. 209	Expenses.
Chap. 209	Kingfisher Okla. Ter., may purchase land for cemetery.
Chap. 209	Agreement with Yakima, etc., Indians, Washington, ratified, etc. [26 Stat., 631.]
Chap. 209	Proviso. Payment for benefit of Indians by Northern Pacific Railroad.
Chap. 209	Expenditure.
Chap. 209	Commission to select and appraise portions of allotted lands. etc., Puyallup Reservation. Wash. [27 Stat., 633.] See 1897, c. 3, post, p. 621, and 1902, c. 888, post, p. 752.
Chap. 209	Approval.
Chap. 209	Sale.
Chap. 209	Notice.
Chap. 209	Terms of sale.
Chap. 209	Duty of commission. Ascertainment of owners, etc.
Chap. 209	Deeds.
Chap. 209	Disposal of purchase money.
Chap. 209	Provisos. Addition to Tacoma. Sale of lots in agency tract.
Chap. 209	School fund.
Chap. 209	Power of alienation by Indian allottees of unselected land. Limit.
Chap. 209	Consent of Indians to sale of allotted land.
Chap. 209	Sale of agency tract.
Chap. 209	Disposal of proceeds.
Chap. 209	Reimbursement.
Chap. 209	Interest. Expenditure of interest.
Chap. 209	Expenditure of principal
Chap. 209	Apportionment of expenses.
Sec. 10	Cherokee Outlet.
Sec. 10	Secretary of the Interior authorized to purchase. See note to 1872, c. 157, ante, p. 131. Proclamation, post p. 975.
Sec. 10	Boundaries.
Sec. 10	Agreement.
Sec. 10	Ratification
Sec. 10	Limitations.
Sec. 10	Agreement amended.
Sec. 10	Provisos. Removal of intruders.
Sec. 10	To be paid value of improvements.
Sec. 10	Appraisers.
Sec. 10	Limit for improvements.
Sec. 10	Value of the use.
Sec. 10	Further amendments.
Sec. 10	Amended agreements to be carried out, etc.
Sec. 10	Provisos. Appropriation immediately available.
Sec. 10	Remainder payable in five annual installments.
Sec. 10	Interest.
Sec. 10	Appropriation for annual interest.
Sec. 10	Share of Delawares and Shawnee retained.
Sec. 10	Retention to pay Cherokee freedmen. Post, p. 558.
Sec. 10	Acceptance by Cherokee Nation of any of this money to operate as a ratification. [27 Stat., 642.]
Sec. 10	Railroad company not to be benefited, etc.
Sec. 10	Nor to make further compensation to Cherokee Nation.
Sec. 10	Unallotted lands to become public domain.
Sec. 10	School sections reserved.
Sec. 10	Cherokee Council may issue a loan for deferred payments, etc.
Sec. 10	Chilocco Indian Industrial School lands reserved from public settlement.
Sec. 10	Other reservations may be made by Presidential proclamation.
Sec. 10	President to make proclamation opening lands to settlement. 26 Stat., 81
Sec. 10	County divisions, etc.
Sec. 10	School-land leases. 26 Stat., 1026.
Sec. 10	Exceptions.
Sec. 10	Additional payments by settlers before receiving patent. [27 Stat., 643.]
Sec. 10	Interest.
Sec. 10	No person to enter until proclamation issues.
Sec. 10	Rules, etc., for occupation, etc., of lands.
Sec. 10	Time of issue of proclamation.
Sec. 10	Allotments.
Sec. 10	Deduction from deferred payments for allotted lands.
Sec. 10	D. W. Bushyhead may have prior selection of certain land.
Sec. 10	Payment.
Sec. 10	Land offices.
Sec. 10	Registers and receivers.
Sec. 10	Compensation, etc., of appraisers. Immediately available.
Sec. 10	Limit.
Sec. 10	Removal of intruders.
Sec. 10	Expert accountants. Immediately available.
Sec. 11	Tonkawa Indian Lands
Sec. 11	Payment for land relinquished to the United States. [27 Stat., 644.]
Sec. 11	Manner of payment, etc.
Sec. 11	Interest, etc.
Sec. 11	Ratification, etc., of agreement.
Sec. 12	Pawnee Indian Lands.
Sec. 12	Payment to Pawnee Indians, Oklahoma, for cession of lands between the Cimarron and Arkansas rivers. See 1876, ch. 51, ante, p. 159.
Sec. 12	Payment, etc.
Sec. 12	Immediately available.
Sec. 12	Compensation, etc., of special allotting agents.
Sec. 12	Interest. Distribution.
Sec. 13	Lands to become part of public domain.
Sec. 13	School sections reserved.
Sec. 13	Open to settlement on proclamation by President.
Sec. 13	Additional fee.
Sec. 13	Interest. [27 Stat., 645.]
Sec. 14	County divisions.
Sec. 14	Provisos. Payne county.
Sec. 14	County names.
Sec. 14	County seats.
Sec. 14	To be specified in proclamation. R.S., secs, 2387, 2388.
Sec. 15	Allotments to Cherokee, Creek, Choctaw, and Seminole. See note to 1898, ch. 517, post, p. 656; see note to 1898, ch. 542. post p. 662.
Sec. 15	Allottees to be deemed citizens.
Sec. 15	Survey of allotted lands.
Sec. 15	Rights of United States to cease.
Sec. 16	Negotiations with the Five Civilized Tribes in Indian Territory.
Sec. 16	Commission to be appointed.
Sec. 16	Salaries, etc, of commissioners.
Sec. 16	Secretary, stenographer, and interpreter. [27 Stat., 646.]
Sec. 16	Surveyor, etc.
Sec. 16	Regulations, etc.
Sec. 16	Duties of commission.
Sec. 16	As to allotment of lands in severalty to Indians.
Sec. 16	Cession of other lands to United States.
Sec. 16	Agreements for interest, etc.
Sec. 16	Power and objects; of the commission.
Sec. 16	Reports.
Sec. 16	Available.
Sec. 16	Right of sovereignty of the United States not waived, etc.

Chapter 209
Mar. 3, 1893. | 27 Stat.,612.

Page Images

An act making appropriations for current and contingent expenses, and fulfilling treaty stipulations with Indian tribes, for fiscal year ending June thirtieth, eighteen hundred and ninety-four.

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, for the purpose of paying the current and

contingent expenses of the Indian Department for the year ending June thirtieth, eighteen hundred and ninety-four, and fulfilling treaty stipulations with the various Indian tribes, namely:

That for the purpose of paying to the scouts and soldiers of the Sisseton, Wahpeton, Medawakanton, and Wapakoota bands of Sioux Indians who were enrolled and entered into the military service of the United States, and served in suppressing what is known as the Sioux outbreak of eighteen hundred and sixty-two, or who were enrolled and served in the armies of the United States in the war of the rebellion, and are now living, and to the descendants and members of the families of such of said scouts and soldiers as are now dead, who were not parties to the agreement entered into between the United States and the Sisseton and Wahpeton bands of Dakota and Sioux Indians on the twelfth day of December, eighteen hundred and eighty-nine, for the reason that they were not residents of the said Sisseton Reservation and did reside elsewhere, their pro rata shares of the amount found due said scouts and soldiers for annuities under the provisions of the fourth article of the treaty of July twenty-third, eighteen hundred and fifty-one, and of which they have been wrongfully and unjustly deprived by the operation of the provision of the act of Congress approved February sixteenth, eighteen hundred and sixty-three, and entitled “An act for the relief of persons for damages sustained by reason of depredations and injuries by certain bands of Sioux Indians,” the whole amount so found due all of said scouts and soldiers by the Department of the Interior, having been appropriated by the United States, to the Indians residing on the Sisseton Reservation, in and by article three of the said agreement of December twelfth, eighteen hundred and eighty-nine, to the Indians residing on the said Sisseton Reservation, without reference to military service, and the said scouts and soldiers residing off said reservation being thereby deprived of their pro rata share of said annuities for which Congress made provision to the thirtieth day of June, eighteen hundred and ninety, in and by section twenty-seven of the act of March third, eighteen hundred and ninety-one, leaving their share of the annuity of eighteen thousand four hundred dollars due the first day of July, eighteen hundred and ninety, and the first day of July, eighteen hundred and ninety-one, and the first day of July, eighteen hundred and ninety-two, the first day of July, eighteen hundred and ninety-three, and the first day of July, eighteen hundred and ninety-four, wholly unpaid and unprovided for, there is hereby appropriated, out of any money in the Treasury not otherwise appropriated, thirty thousand six hundred and sixty-six dollars and sixty-six cents, or so much thereof as may be necessary, to be paid in equal shares and per capita to said scouts and soldiers who are still living, and who are not parties to the agreement aforesaid, and——a share that any such scout or soldier would receive if living shall, in the event he is dead, be divided pro rata between his wife and children and descendants, and the pay rolls upon which payments were made to said scouts and soldiers and their descendants under the twenty-seventh section of the act March third, eighteen hundred and ninety one, shall be conclusive in all cases where the name appears upon said rolls, except in cases where deaths have subsequently occurred, and the Secretary of the Interior is hereby authorized to add such other names to said rolls as were previously omitted therefrom by mistakes or omissions of persons who were lawfully entitled to be enrolled thereon.

Authority is hereby granted to Alexander Redwing, a Sioux Indian of the Santee tribe in the State of Nebraska, to sell and convey to the American Missionary Association, incorporated under the laws of the State of New York, so much of the land allotted and patented by the

United States to him, the said Redwing, as is used for a cemetery lot, not exceeding fifteen acres, situated in the tract described as follows, to wit: West half of southeast quarter of southwest quarter section thirteen, township thirty-three north, range five west, the same to be held, occupied and used for cemetery purposes only.

That the act of Congress approved August seventh, eighteen hundred and eighty-two, entitled “An act to provide for the sale of a part of the reservation of the Omaha tribe of Indians in the State of Nebraska, and for other purposes,” be, and the same is hereby, amended so as to authorize the Secretary of the Interior, with the consent of the Indians of that tribe, to allot in severalty, through an allotting agent of the Interior Department, to each Indian woman and child of said tribe born since allotments of land were made in severalty to the members thereof under the provisions of said act, and now living, one-eight of a section of the residue lands held by that tribe in common, instead of one-sixteenth of a section, as therein provided, and to allot in severalty to each allottee under said act, now living, who received only one-sixteenth of a section thereunder, an additional one-sixteenth of a section of such residue lands: Provided, That the allotments so made shall be subject to the same conditions, restrictions, and limitations provided for in sections six, seven, and eight of said act, touching allotments and patents to allottees therein mentioned: And provided, That the expenses incurred in making the allotments hereby authorized shall be defrayed out of the funds appropriated for surveying and allotting Indian reservations.

That the town or city of Kingfisher, in Oklahoma Territory shall be, and hereby is, authorized and permitted to purchase, for cemetery, purposes, the south west quarter of the south west quarter of section sixteen, in township sixteen north, and range seven west, of Indian meridian (upon which there have been buried about one hundred and fifty of its dead), at such price and upon such terms and conditions as may be fixed by the Secretary of the Interior, upon application by the proper authorities therefor.

That the agreement^a entered into by Robert S. Gardner, United States Indian inspector, on the part of the United States, duly appointed by

the Secretary of the Interior in that behalf, of the one part, and the head chief, chiefs, headmen, and delegates of the Yakama and other confederated tribes and bands of Indians, residing on the Yakama Indian reservation, in the State of Washington, of the other part, bearing date the thirteenth day of January, in the year of our Lord one thousand eight hundred and eighty-five, and now on file in the office of the Commissioner of Indian Affairs, is hereby accepted, ratified, and confirmed: Provided, That the Northern Pacific Railroad Company, its successors or assigns shall, within sixty days from the taking effect of this act, pay to the Treasurer of the United States the sum of eight thousand two hundred and ninety-five dollars and eighty-cents for the use and benefit of said Yakama and other confederated tribes and bands of Indians residing on the Yakama Reservation, in the State of Washington, five thousand three hundred and nine dollars whereof shall be expended for the benefit of said Indians in such manner as the Secretary of the Interior may direct, and the balance, or two thousand nine hundred and eighty-six dollars and eighty cents, shall be expended for the benefit of such individual Indians, or their heirs, or paid to them in cash, in the proportion to which they may severally be entitled, as appears on the schedule E attached to said agreement, as the Secretary of the Interior may direct.

^a [Page 486]AGREEMENT WITH YAKIMA INDIANS.

Articles of agreement made and concluded with the confederated tribes and bands of Indians occupying the Yakama Reservation, in the Territory of Washington, for the extinguishment of their title to so much of said reservation as is required for the use of the Northern Pacific Railroad.

Articles of agreement bearing date the thirteenth day of January, in the year of our Lord eighteen hundred and eighty-five, made between Robert S. Gardner, United States Indian inspector, on the part of the United States, duly appointed by the Secretary of the Interior, in that behalf, of the one part, and the head chief, chiefs, headmen, and delegates of the Yakama and other confederate tribes and bands of Indians, resident of the Yakama Reservation, in Washington Territory, of the other part, in the words and figures following, namely:
“Whereas by section 1 of an act of Congress approved July second, eighteen hundred and sixty-four, entitled ‘An act granting lands to aid in the construction of a railroad and telegraph line from Lake Superior to Puget Sound on the Pacific coast, by the northern route’ (13 Statutes at Large, page 365), the Northern Pacific Railroad company was authorized and empowered to lay out, locate, construct, furnish, maintain, and enjoy a continuous railroad and telegraph line, with the appurtenances, namely: Beginning at a point on Lake Superior, in the State of Minnesota or Wisconsin; thence westerly by the most eligible railroad route, as shall be determined by said company, within the territory of the United States, on a line north of the forty-fifty degree of latitude to some point on Puget Sound; and
“Whereas, by section 2 of said act, Congress granted to said company the right of way for the construction of said railroad and telegraph line to the extent of two hundred feet in width on each side of said railroad where it may pass through the public domain, including all necessary ground for station building, work shops, depots, machine shops, switches, side-tracks, turn-tables, and water stations; and
“Whereas, by said section 2, Congress provided that the United States should
[Page 487]
extinguish as rapidly as may be consistent with public policy and the welfare of the Indians, the Indian titles to all lands falling under the operation of this act and acquired in the donation to the roads named in the act; and
“Whereas, by treaty between the United States and certain confederate tribes and bands of Indians therein designated as the Yakama Nation of Indians, concluded at Camp Stevens, Walla Walla Valley, June 9, 1855, duly ratified and proclaimed (12 Statutes at Large, page 951), a tract of land therein described situated in the Territory of Washington, was reserved from the land thereby ceded, for the use and occupation of said confederate tribes and bands of Indians, as an Indian reservation; and
“Whereas, by article 3 of said treaty, it is provided that ‘if necessary for the public convenience roads may be run through said reservation, and on the other hand the right of way with free access from the same to the nearest public highway is secured to them, as also the right in common with citizens of the United States to travel upon all public highways;’ and
“Whereas the said Northern Pacific Railroad Company did, on or about the 20th day of October, 1884, file in the Department of the Interior a certified map showing the definite location of its line of railroad through the Yakama Indian Reservation from the presumed southeasterly boundary of said reservation on the right bank of the Yakama River, 8 miles below the mouth of Satass River, to its north boundary near the mouth of the Atah-num River, all being in Washington Territory, as definitely fixed and determined in compliance with the several acts and resolutions of Congress relating to the Northern Pacific Railroad, and as approved by the board of directors of said company by resolution passed June 21, 1883; also three several descriptive plats of grounds required by said railroad company for station purposes, designated as ‘Satass,’ ‘Toppenish,’ and ‘Simcoe,’ respectively, and severally containing an area of 20.60 acres, exclusive of a right of way of 125 feet in width on each side of the center line of said railroad; and
“Whereas, the said Northern Pacific Railroad Company now desires to construct
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its line of railroad through the Yakama Reservation, upon the route so designated, and claims the right by virtue of said recited act so to do:
“Now, therefore, in order to fulfill the obligations of the Government in the premises—
“This agreement made at the Yakama Agency, Washington Territory, this 13th day of January, in the year of our Lord, 1885, by and between Robert S. Gardner, United States Indian inspector, on the part of the United States, and the undersigned head chief, chiefs, headmen, and delegates of the Yakama and other confederate tribes and bands of Indians resident on the Yakama Reservation in Washington Territory, and interested in the lands hereinafter described, witnesseth:
“That for the consideration hereinafter mentioned the said confederate tribes and bands of Indians do hereby surrender and relinquish to the United States all the estate, right, title, and interest which they now have under and by virtue of the aforesaid treaty of June 9, 1855, in and to all that part of the Yakama Reservation situate in the Territory of Washington, described as follows, viz:
“A strip of land not exceeding 250 feet in width; that is to say, 125 feet on each side of the line laid down on the map of definite location of the route of the Northern Pacific Railroad wherever said line runs through said reservation, entering the same at the presumed southeasterly boundary thereof, on the right bank of the Yakama River, 8 miles below the mouth of Satass River; thence following through said reservation to the north boundary thereof, at or near the mouth of the Atahnum River, said strip of land being intended to be used by the said Northern Pacific Railroad Company, its successors or assigns, as a right of way and roadbed, and containing 1,000 acres or thereabouts. A copy of said map of definite location was on the day of the date hereof produced and shown to said Indians in council assembled, and is hereto annexed, marked with the letter D, and made a part of this agreement.
“Also, in and to the three several pieces or parcels of land situate along and adjoining the said strip of land hereinbefore described, as the same are respectively delineated on the three several copies of plats or maps thereof also now produced
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and shown to said Indians and hereto attached and made a part of this agreement, marked, respectively, with the letters A, B, and C, and containing respectively, the following areas—that is to say: Tract A (‘Satass’), 20.60 acres; tract B (‘Toppenish’), 20.60 acres, and tract C (‘Simcoe’), 20.60 acres; the same being intended to be used by the said Northern Pacific Railroad Company for the purposes of depots, station houses, sidings, etc.
“In consideration of such surrender and relinquishment of lands as aforesaid, amounting in the aggregate to 1,061.80 acres, the United States agrees to pay to the said confederated tribes and bands of Indians the sum of $5,309, being at the rate of $5 per acre, to be deposited in the Treasury of the United States to the credit of the said confederated tribes and bands of Yakama Indians upon ratification of this agreement by Congress and necessary appropriations therefor, the aforesaid sum to be expended for the benefit of said Indians in such manner as the Secretary of the Interior may direct.
“And for the considerations aforesaid the United States further agrees, upon ratification of this agreement by Congress and necessary appropriations therefor, to pay to the individual members of said confederated tribes and bands, parties hereto, whose names appear in the schedule hereto annexed marked with the letter E, the reasonable value of all improvements whether of building, fences, crops, cultivated fields, or otherwise, falling within the limits of the lands hereby agreed to be surrendered, as the same shall be appraised and determined by a board of arbitrators to be composed of the said Robert S. Gardner, party hereto on behalf of the United States, the agent for the time being on behalf of said Indians, and such other person as they two shall mutually agree upon, the amount of compensation so determined upon and hereby agreed to be paid to be expended for the benefit of such individual Indians, or paid to them in cash, in the proportions to which they may be severally entitled appearing by said schedule, as the Secretary of the Interior may direct.
“All provisions of existing treaties with the said confederated tribes and bands not affected by this agreement to remain in full force and effect, and this agreement to be subject to ratification by Congress.”

That the President of the United States is hereby authorized immediately after the passage of this act to appoint a commission of three persons, and not more than one of whom shall be a resident of any one State, and it shall be the duty of said commission to select and appraise such portions of the allotted lands as are not required for homes for the Indian alotees; and also that part of the agency tract, exclusive of the burying ground, not needed for school purposes, in the Puyallup Reservation, in the State of Washington, And if the Secretary of the Interior shall approve the sellections and appraisments made by said commission, the allotted lands so selected shall be sold for the benefit of the allottees, and the agency tract for the benefit of all the Indians, after due notice at public auction at not less than the appraised value for cash, or one-third cash, and the remainder on such time as the Secretary of the Interior may determine, to be secured by vendor’s lien on the property sold.

It shall be the duty of said commission, or a majority of them, to superintend the sale of said lands, ascertain who are the true owners of the allotted lands, have guardians duly appointed for the minor heirs of any deceased allottees, make deeds of the lands to the purchasers thereof, subject to the approval of the Secretary of the Interior, which deeds shall operate as a complete conveyance of the land upon the full payment of the purchase money; and the whole amount received for allotted lands shall be placed in the Treasury to the credit of the Indian entitled thereto and the same shall be paid to him in such sums and at such times as the Commissioner of Indian affairs, with the approval of the Secretary of the Interior, shall direct: Provided, That the portion of the agency tract selected for sale shall be platted into streets and lots as an addition to the City of Tacoma, and sold in separate lots, in the same manner as the allotted lands, and the amount received therefor, less the amount necessary to pay the expenses of said commission, including salaries shall be placed to the credit of the Puyallup band of Indians as a permanent school fund to be expended for their benefit: And provided further, That the Indian allottees shall not have power of alienation of the allotted lands not selected for sale by said Commission for a period of ten years from the date of the passage of this act and no part of the allotted land shall be offered for sale until the Indian or Indians entitled to the same shall have signed a written agreement consenting to the sale thereof, and appointing said commissioners, or a majority of them, trustees to sell said land and make a deed to the purchaser thereof; and no part of the agency tract shall be sold until a majority of said Indians shall consent thereto in a written agreement, which shall also constitute said commissioners, or a majority of them, trustees to sell said land, as directed in this act, and make deeds to the purchaser for the same. The deeds executed by said commission shall not be valid until approved by the Secretary of the Interior, who is hereby directed to make all necessary regulations to carry out the purposes of the foregoing provisions. The proceeds arising from the sale of the allotted lands shall be placed in the Treasury to the credit of the respective allottees, and the net proceeds of the agency tract, after paying the expenses of said commission in the appraisment and sale of said lands, and reimbursing the United

States for the amount advanced to said commission, shall be placed in the Treasury of the United States to the credit of all said Indians, and the said sums shall draw interest at the rate of four per centum per annum, and the income shall be annually expended for the benefit of said Indians, under the direction of the Secretary of the Interior: Provided: That an amount not exceeding one tenth of the principal sum may be expended for their benefit during any fiscal year, if deemed necessary by the Secretary of the Interior: Provided further, That the entire expense herein incurred shall be apportioned by the Secretary of the Interior pro rata between the several allottees and the owners of the tribal tract; and the Secretary of the Interior may in his discretion designate one member of said Commission to superintend the execution of any of the requirements of said Commission herein provided for.

That the sum of two hundred and ninety-five thousand Seven Hundred and thirty-six dollars payable as hereinafter provided is hereby appropriated out of any money in the Treasury not otherwise appropriated, and the Secretary of the Interior is hereby authorized and directed to contract to pay eight million three hundred thousand dollars,or so much thereof as may be necessary in addition. to pay the Cherokee Nation of Indians for all the right, title, interest, and and claims which the said nation of Indians may have in and to certain lands described and specified in an agreement concluded between David H.Jerome, Alfred M. Wilson, and Warren G. Sayre, duly appointed commissioners on the part of the United States, and Elias C. Boudinot, Joseph A. Scales, George Downing, Roach Young, Thomas Smith, William Triplett, and Joseph Smallwood, duly appointed commissioners on the part of the Cherokee Nation of Indians in the Indiana Territory, on the nineteenth day of December, eighteen hundred and ninety-one, bounded on the west by the one hundredth degree of west longitude; on the north by the state of

Kansas; on the east by the ninety-sixth degree of west longitude, and on the south by the Creek Nation, the Territory of Oklahoma, and the Cheyenne and Arapaho Reservation, created or defined by Executive order dated August tenth, eighteen hundred and sixty-nine; which said agreement is fully set forth in the message of the President of the United States, communicating the same to congress, known as Executive Document Numbered Fifty-six, of the first session of the Fifty second Congress, the lands referred to being commonly known and called the “Cherokee Outlet;” and said agreement is hereby ratified by the congress of the United States, subject, however, to the Constitution and laws of the United States and the acts of congress that have been or may be passed regulating trade and intercourse with the Indians, and subject, also, to certain amendments thereto, as follows:^a

^aAGREEMENT WITH CHEROKEE.

Articles of agreement made and concluded at Tahlequah, in the Indian Territory, on the 19th day of December, A. D. 1891, by and between David H. Jerome, Alfred M. Wilson, and Warren G. Sayre, commissioners on the part of the United States, and Elias C. Boudinot, Joseph A. Scales, George Downing, Roach Young, Thomas Smith, William Triplett, and Joseph Smallwood, commissioners on the part of the Cherokee Nation.
ARTICLE I.
The Cherokee Nation by act duly passed shall cede and relinquish all its title, claim, and interest of every kind and character in and to that part of the Indian Territory bounded on the west by the one hundredth (100°) degree of west longitude; on the north by the State of Kansas; on the east by the ninety-sixth (96°) degree of west longitude, and on the south by the Creek Nation, the Territory of Oklahoma, and the Cheyenne and Arapahoe Reservation, created or defined by Executive order dated August 10, 1869. The tract of land embraced within the above boundaries containing eight million one hundred and forty-four thousand six hundred and eighty-two and ninety-one one-hundredths (8,144,682.91) acres, more or less.
ARTICLE II.
For and in consideration of the above cession and relinquishment the United States agrees:
First.   That all persons now resident, or who may hereafter become residents, in the Cherokee Nation, and who are not recognized as citizens of the Cherokee Nation by the constituted authorities thereof, and who are not in the employment of the Cherokee Nation, or in the employment of citizens of the Cherokee Nation, in conformity with the laws thereof, or in the employment of the United States Government, and all citizens of the United States who are not resident in the Cherokee Nation under the provisions of treaty or acts of Congress, shall be deemed and held to be intruders and unauthorized persons within the intent and meaning of section six of the treaty of 1835 and sections twenty-six and twenty-seven of the treaty of July 19, 1866, and shall, together with their personal effects, be removed without delay from the limits of said nation by the United States as tresspassers, upon the demand of the principal chief of the Cherokee Nation. In such removal no houses, barns, outbuildings, fences, orchards, growing crops, or other chattels real, being attached to the soil and belonging to the Cherokee Nation, the owner of the land, shall be removed, damaged, or destroyed, unless it shall become necessary in order to effect the removal of such trespassers: Provided always, That nothing in this section shall be so construed as to affect in any manner the rights of any person in the Cherokee Nation under the ninth article of the treaty of July 19, 1866.
Second.   That article fifteen (15) of the treaty of July 19, 1866, by and between the United States and the Cherokee Nation, shall be abrogated and held for naught from and after the day that Congress may ratify this agreement providing for such cession and relinquishment of title: Provided, That the rights of any person or persons heretofore acquired under and by virtue of said article fifteen shall in no manner and to no extent whatever be affected by such abrogation.
Third.   The judicial tribunals of the Cherokee Nation shall have exclusive juris-
[Page 491}
diction in all civil and criminal cases arising in the Cherokee country, in which members of the Cherokee Nation, by nativity or adoption, shall be the only parties.
Fourth.   The United States shall, without delay, render to the Cherokee Nation, through any agent appointed by authority of the national council, a complete account of moneys due the Cherokee Nation under any of the treaties ratified in the years 1817, 1819, 1825, 1828, 1835–6, 1846, 1866, and 1868, and any laws passed by the Congress of the United States for the purpose of carrying said treaties, or any of them, into effect; and upon such accounting, should the Cherokee Nation by its national council conclude and determine that such accounting is incorrect or unjust, then the Cherokee Nation shall have the right within twelve (12) months to enter suit against the United States in the Court of Claims, with the right of appeal to the Supreme Court of the United States by either party, for any alleged or declared amount of money promised but withheld by the United States from the Cherokee Nation, under any of said treaties or laws, which may be claimed to be omitted from, or improperly or unjustly or illegally adjusted in, said accounting; and the Congress of the United States shall, at its next session after such case shall be finally decided and certified to Congress according to law, appropriate a sufficient sum of money to pay such jndgment to the Cherokee Nation should judgment be rendered in her favor; or if it shall be found upon such accounting that any sum of money in has been so withheld, the amount shall be duly appropriated by Congress, payable to the Cherokee Nation upon the order of its national council, such appropriation to be made by Congress if then in session, and if not, then at the session immediately following such accounting.
Fifth.   That any citizen of the Cherokee Nation who, prior to the first day of November, 1891, was a bona fide resident upon and further had, as a farmer and for farming purposes, made permanent and valuable improvements upon any part of the land herein ceded and who has not disposed of the same, but desires to occupy the particular lands so improved as a homestead and for farming purposes, shall have the right to select one-eighth of a section of land, to conform, however, to the United States surveys; such selection to embrace, as far as the above limitation will admit, such improvements. The wife and children of any such citizen shall have the same right of selection that is above given to the citizen, and they shall have the preference in making selections to take any lands improved by the husband and father that he can not take until all of his improved land shall be taken.
That any citizen of the Cherokee Nation not a resident within the land herein ceded who, prior to the first day of November, 1891, had for farming purposes made valuable and permanent improvements upon any of the land herein ceded, shall have the right to select one-eighth of a section of land to conform to the United States surveys; such selection to embrace, as far as the above limitation will admit, such improvements.
It is further agreed and understood that the number of such allotments shall not exceed seventy (70) in number; and the land allotted shall not exceed five thousand and six hundred (5,600) acres; that such allotments shall be made and confirmed under such rules and regulations as shall be prescribed by the Secretary of the Interior, and when so made and confirmed shall be conveyed to the allottees, respectively, by the United States in fee simple.
It is further agreed that from the price to be paid to the Cherokee Nation for the cession herein provided for there shall be deducted the sum of one dollar and forty cents ($1.40) for each acre so taken in allotment.
Sixth.   That in addition to the foregoing enumerated considerations for the cession and relinquishment of title to the lands hereinbefore provided, the United States
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shall pay to the Cherokee Nation, at such time and in such manner as the Cherokee national council shall determine, the sum of eight million five hundred and ninety-five thousand seven hundred and thirty-six and twelve one-hundredth ($8,595,736.12) dollars, in excess of the sum of seven hundred and twenty-eight thousand three hundred and eighty-nine and forty-six one-hundredth ($728,389.46) dollars, the aggregate of amounts heretofore appropriated by Congress and charged against the lands of the Cherokees west of the Arkansas River; and also in excess of the amount heretofore paid by the Osage Indians for their reservation. So long as the money, or any part of it, shall remain in the Treasury of the United States after this agreement shall have become effective, such sum so left in the Treasury of the United States shall bear interest at the rate of 5 per cent per annum, payable semiannually.
Provided, That the United States may at any time pay to said Cherokee Nation the whole or any part of said sum, and thereupon terminate the obligation of the United States in respect to so much thereof as shall be so paid, and in respect to any further interest upon the same: Provided further, That should the Cherokee Nation determine to distribute said money or any part thereof, principal or interest, to any of its citizens per capita, and should the classes of persons provided for in the ninth and fifteenth articles of the treaty of July 19, 1866, claim that in such distribution they have been unjustly or illegally discriminated against, then, on complaint made by such persons, Congress shall by law authorize a suit in a proper court, by and between such classes of persons and the United States and the Cherokee Nation, to determine that question, giving to any party thereto the right of appeal to the Supreme Court of the United States, and providing that such suit or suits may in proper manner be advanced upon the dockets of such courts to secure a speedy hearing of the same; and the United States shall retain a sufficient sum of such money under its control to adjust and relieve such discrimination, should it be adjudged that such discrimination has been made. It is expressly understood that this agreement ceding and relinquishing the title to the lands herein described shall not be effective for any purpose whatever until it shall in its entirety be ratified by Congress, and the amount of money herein agreed to be paid to the Cherokee Nation for such cession and relinquishment shall have been appropriated by Congress and placed in the Treasury of the United States, subject to the order of the Cherokee national council: Provided further, That nothing contained in this agreement shall have the effect to limit or impair any rights whatever the Cherokee Nation has in or to or over the lands herein ceded until it shall be so ratified by Congress; and
Provided further, That if this agreement shall not be ratified by Congress and the appropriation of money, as herein provided for, made on or before March 4, 1893, it shall be utterly void.

Amend the same by adding to the first paragraph of article two of said agreement the following words: “And provided further, That before any intruder or unauthorized person occupying houses, lands, or improvements, which occupancy commenced before the eleventh day of August, anno Domini eighteen hundred and eighty-six, shall be removed therefrom, upon demand of the principal chief or otherwise,

the value of his improvements, as the same shall be appraised by a board of three appraisers, to be appointed by the President of the United States, one of the same upon the recommendation of the principal chief of the Cherokee Nation, for that purpose, shall be paid to him by the Cherokee Nation; and upon such payment such improvements shall become the property of the Cherokee Nation: “Provided, That the amount so paid for said improvements shall not exceed the sum of two hundred and fifty thousand dollars: And provided further, That the appraisers in determining the value of such improvements may consider the value of the use and occupation of the land.

Further amend the same by striking out paragraph three of article two of said agreement and changing the numbers of the subsequent paragraphs to correspond.

And the provisions of said agreements so amended shall be fully performed and carried out on the part of the United States: Provided, That the money hereby appropriated shall be immediately available and the remaining sum of eight million three hundred thousand dollars or so much thereof as is required to carry out the provisions of said agreement as amended and according to this act, to be payable in five equal

annual instalments, commencing on the fourth day of March, eighteen hundred and ninety-five, and ending on the fourth day of March, eighteen hundred and ninety-nine, said deferred payments to bear interest at the rate of four per centum per annum, to be paid annually, and the amount required for the payment of interest as aforesaid is hereby appropriated: And provided further, That of the money hereby appropriated a sufficient amount to pay the Delawares and Shawnees their prorata share in the proceeds of said outlet shall remain in the Treasury of the United States until the status of said Delaware and Shawnee Indians shall be determined by the courts of the United States before which their suits are now pending; and a sufficient amount shall also be retained in the Treasury to pay the freedmen who are citizens of the Cherokee Nations or their legal heirs and representatives such sums as may be determined by the courts of the United States to be due them. Nor shall anything herein be held to abridge or deny to said freedmen any rights to which they may be entitled under existing laws or treaties. The acceptance by the Cherokee Nation of Indians of any of the money appropriated as herein set forth shall be considered and taken and shall operate as a ratification by said Cherokee Nation of Indians of said agreement, as it is hereby proposed to be amended, and as a full and complete relinquishment and extinguishment of all their title, claim, and interest in and to said lands; but such relinquishment and extinguishment shall not inure to the benefit of any railroad company nor vest in any railroad company any right title or interest in or to any of said lands: Provided, said railroad shall be relieved from any further payments of compensation to said Cherokee Nation as required by law for running said railroad across said Cherokee outlet.

And said lands, except the portion to be allotted as provided in said agreement, shall, upon the payment of the sum of two hundred and ninety-five thousand seven hundred and thirty-six dollars, herein appropriated, to be immediately paid, become and be taken to be and treated as a part of the public domain. But in any opening of the same to settlement, sections sixteen and thirty-six in each township, whether surveyed or unsurveyed, shall be, and are hereby reserved for the use and benefit of the public schools to be established within the limits of such lands, under such conditions and regulations as may be hereafter enacted by Congress: Provided, That if the legislative Council of the Cherokee Nation shall deem it more advantageous to their people they may issue a loan for the principal and interest of the deferred payments pledging said amounts of interest and principal to secure payment of such debt.

Sections thirteen, fourteen, fifteen, sixteen, twenty-one, twenty-two, twenty-three, twenty-four, twenty-five, twenty-six, twenty-seven, twenty-eight and the east half of sections seventeen, twenty and twenty- nine, all in township numbered twenty-nine north, of range numbered two east of the Indian Meridian, the same being lands reserved by Executive order dated July twelfth, eighteen hundred and eighty-four, for use of and in connection with the Chilocco Indian Industrial School, in the Indian Territory, shall not be subject to public settlement, but shall, until the further action of Congress, continue to be reserved for the purposes for which they were set apart in the said Executive order. And the President of the United States, in any order or proclamation which he shall make for the opening of the lands for settlement, may make such other reservations of lands for public purposes as he may deem wise and desirable.

The President of the United States is hereby authorized, at any time within six months after the approval of this act and the acceptance of the same by the Cherokee Nation as herein provided, by proclamation, to open to settlement any or all of the lands not allotted or reserved, in the manner provided in section thirteen of the act of Congress approved-March second, eighteen hundred and eighty-nine, entitled “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 ninety, and for other purposes” (Twenty-fifth United States Statutes, page ten hundred and five); and also subject to the provisions of the act of Congress approved May second, eighteen hundred and ninety, entitled “An act to provide a temporary government for the Territory of Oklahoma to enlarge the jurisdiction of the United States court in the Indian Territory, and for other purposes;” also, subject to the second proviso of section seventeen, the whole of section eighteen of the act of March third, eighteen hundred and ninety-one, entitled “An act making appropriations for the current expenses of the Indian Department, and for fulfilling treaty stipulations with various Indian tribes, for the year ending June thirtieth, eighteen, hundred and ninety-two, and for other purposes;” except as to so much of said acts and sections as may conflict with the provisions of this act. Each settler on the lands so to be opened to settlement as aforesaid shall, before receiving a patent for his homestead, pay to the United States for the lands so taken by him, in addition to the fees provided by law, the sum of two dollars and fifty cents per acre for any land east of ninety-seven and one half degrees west longitude, the sum of one dollar and a half per acre for any land between ninety-seven and one-half degrees west longitude and ninety-eight and one-half degrees west longitude, and the sum of one dollar per acre for any land west of ninety-eight and one half degrees west longitude, and shall also pay

interest upon the amount so to be paid for said land from the date of entry to the date of final payment therfor at the rate of four per centum per annum.

No person shall be permitted to occupy or enter upon any of the lands herein referred to, except in the manner prescribed by the proclamation of the President opening the same to settlement; and any person otherwise occupying or entering upon any of said lands shall forfeit all right to acquire any of said lands. The Secretary of the Interior shall, under the direction of the President, prescribe rules and regulations, not inconsistent with this act, for the occupation and settlement of said lands, to be incorporated in the proclamation of the President, which shall be issued at least twenty days before the time fixed for the opening of said lands.

The allotments provided for in the fifth section of said agreement shall be made without delay by the person entitled thereto, and shall be confirmed by the Secretary of the Interior before the date when said lands shall be declared open to settlement; and the allotments so made shall be published by the Secretary of the Interior, for the protection of proposed settlers. And a sum equal to one dollar and forty cents per acre for the lands so allotted shall be deducted from the full amount of the deferred payments, hereby appropriated for: Provided, That D. W. Bushyhead, having made permanent or valuable improvements prior to the first day of November, eighteen hundred and ninety-one, on the lands ceded by the said agreement, he shall be authorized to select a quarter section of the lands ceded thereby, whether reserved or otherwise, prior to the opening of said lands to public settlement; but he shall be required to pay for such selection, at the same rate per acre as other settlers, into the Treasury of the United States in such manner as the Secretary of the Interior shall direct.

The President of the United States may establish, in his discretion, one or more land offices to be located either in the lands to be opened, or at some convenient place or places in the adjoining organized Territory of Oklahoma; and to nominate, and by and with the advice and consent of the Senate, to appoint registers and receivers thereof.

The sum of five thousand dollars, or so much thereof as may be necessary, the same to be immediately available, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to pay for the services of the appraiser to be appointed as aforesaid, at a rate not exceeding ten dollars a day for the time actually employed by each appraiser, and their reasonable expenses, and to enable the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, to effect the removal of intruders required by the first paragraph of article two of said agreement as amended.

The sum of five thousand dollars, or so much thereof as may be necessary, the same to be immediately available, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, to enable the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, to employ such expert person or persons to properly render a complete account to the Cherokee Nation of moneys due said nation, as required in the fourth subdivision of article two of said agreement.

That the sum of thirty thousand six hundred dollars, or so much thereof as may be necessary is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the same to be immediately available, to pay the Tonkawa tribe of Indians in the Territory of Oklahoma for all their right, little, claim, and interest of every kind and character in and to four townships of land, containing ninety thousand seven hundred and ten and eighty-nine one-hundredths acres, more or less, ceded, conveyed, and relinquished to the United States

by article one of an agreement concluded on the twenty-first day of October, eighteen hundred and ninety-one, between David H. Jerome, Alfred M Wilson, and Warren G Sayre, duly appointed commissioners on the part of the United States, and said Tonkawa tribe of Indians, which agreement is contained in the message of the President communicating the same to Congress, and known as Executive Document Numbered Thirteen, first session fifty-second Congress, to be paid and applied in the manner provided for in said agreement. And such portion of said amount as may be deposited in the Treasury of the United States shall bear interest at the rate of five per centum per annum, which interest shall be applied as provided in said agreement; and said agreement is hereby accepted, ratified, and confirmed.^a

^aAGREEMENT WITH TONKAWAS.

Articles of agreement made and concluded at the Ponca Indian Agency, in the Indian Territory, on the 21st day of October, A. D. 1891, by and between David H. Jerome, Alfred M. Wilson and Warren G. Sayre, commissioners on the part of the United States, and the Tonkawa tribe of Indians in said Territory, represented by the adult male members of said tribe.
ARTICLE I.
The said Tonkawa tribe of Indians in the Indian Territory for the consideration hereinafter recited, hereby cede, convey, and forever relinquish to the United States all their right, title, claim, and interest of every kind and character in and to the following described tract of country in said Indian Territory, to wit: Township twenty-five (25) north of range one (1) west; township twenty-sixth (26) north of range one (1) west; township twenty-five (25) north of range two (2) west, and township twenty-six (26) north of range two (2) west, containing ninety thousand seven hundred and ten and eighty-nine hundredths (90, 710.89) acres, more or less, which is the same tract of country conveyed by the Cherokee Nation to the United States, in trust for the use and benefit of the Nez Percés tribe of Indians by deed dated June 14, 1883, under the provisions of the act of Congress of March 3rd, 1883.
ARTICLE II.
The allotments of land to said Tonkawa tribe of Indians, made and completed by Miss Helen P. Clark, an alloting agent duly appointed for the purpose, during the summer of the year 1891, shall be confirmed to said Indians, respectively, and governed by all the conditions, qualifications, and limitations recited in a certain act of Congress entitled “An act to provide for the allotment of lands in severalty to the Indians on the various reservations, and to extend the protection of the laws of the United States and Territories over the Indians, and for other purposes,” approved February 8, 1887, and an act amendatory thereof, approved February 28, 1891: Provided, That in all cases where the allottee has died since said allotting agent set off and scheduled land to such person the law of descent and partition in force in Oklahoma Territory shall apply thereto, any existing law to the contrary notwithstanding.
ARTICLE III.
For greater particularity and certainty of description a copy of the schedule of lands allotted by said Miss Helen P. Clark is hereto attached, marked Exhibit A, and made a part hereof.
ARTICLE IV.
It is hereby further agreed that in addition to the allotments of land above stated there shall be allotted a like quantity of land to any member of said tribe who may hereafter be born and shall be living at the date of the ratification of this contract by Congress; and any such allotment shall be governed by the law of descent and partition mentioned in Article II hereof.
ARTICLE V.
Indians who by nativity belong to other tribes, but who have abandoned such other tribes, and have been adopted by and are now living with and recognized as members of said tribe by said Tonkawa tribe of Indians, shall have all the rights under this agreement provided for members of said tribe by nativity, and all payments of money provided for herein shall be made, as nearly as practicable, per capita to all members of said tribe, native and adopted.
ARTICLE VI.
As a further and only additional consideration for such cession, conveyance, and relinquishment, the United States agrees to pay to said tribe of Indians the sum of
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thirty thousand and six hundred ($30, 600.00) dollars, in manner as follows: Twenty-five ($25) dollars to be paid in cash to each member of said tribe within sixty days after this contract shall be ratified by Congress; fifty ($50) dollars to be paid out for each member of said tribe, under the direction of the Commissioner of Indian Affairs, within six months after this contract shall be ratified by Congress, and the residue of said sum of thirty thousand and six hundred ($30,600.00) dollars shall be retained in the Treasury of the United States, and bear interest at the rate of five per centum interest per annum, payable annually to said Indians per capita, or, in the discretion of the Commissioner of Indian Affairs, paid out by him for the use of said Indians, but as nearly as may be per capita.
ARTICLE VII.
This contract shall have effect when ratified by the congress of the United States.

That the sum of eighty thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the same to be immediately available, to pay the Pawnee tribe of Indians in Oklahoma, formerly a part of the Indian Territory, for all their right, title, claim, and interest of every kind and character in and to all that tract of country between the Cimarron and Arkansas rivers embraced within the limits of seventeen specified Townships of land, ceded, conveyed, and relinquished to the United States by said Pawnee tribe of Indians, by article one of an agreement concluded on the twenty-third day of November, eighteen hundred and ninety-two, between David H. Jerome, Alfred M. Wilson, and Warren G. Sayre, duly appointed commissioners on the part of the United States, and said Pawnee tribe of Indians, which agreement is contained in the message of the President communicating the same to Congress, and known as Executive Document Number Sixteen, second session Fifty-second Congress, to be paid and applied in the manner provided in article four of said agreement. And the further sum of five thousand dollars, or so much thereof as may be necessary, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, the same to be immediately available, to pay the expense of making the allotments provided for in said agreement, including the pay and expenses of necessary special agents hereby authorized to be appointed by the President for the purpose of making such allotments, and to pay the expense of necessary resurveys therefor. Said agreement is hereby accepted, ratified, and confirmed. And the residue of the proceeds of the surplus lands mentioned in said agreement shall be placed to the credit of said tribe in the Treasury of the United States, and shall bear interest at the rate of five per centum per annum, said interest to be paid and distributed to said tribe as provided in said article four.^a

^aAGREEMENT WITH PAWNEE.

Articles of agreement made and entered into by and between David H. Jerome, Alfred M. Wilson, and Warren G. Sayre, Commissioners on the part of the United States, and the Pawnee tribe of Indians in the Indian Territory.
ARTICLE I.
The Pawnee tribe of Indians, in the Indian Territory, for the considerations hereinafter set forth, hereby cedes, conveys, releases, relinquishes, and surrenders to the United States all its title, claim, and interest, of every kind and character, in and to the following-described reservation in the Indian. Territory, to-wit:
All of that tract of country between the Cimarron and Arkansas rivers, embraced within the limits of townships twenty-one(21), twenty-two (22), twenty-three(23), and twenty-four(24) north, of range four(4) east; townships eighteen (18), nineteen (19), twenty (20), twenty-one(21), twenty-two(22), twenty-three(23), and twenty-four(24) north, of range five(5) east; townships eighteen (18), nineteen (19), twenty (20), twenty-one (21), twenty-two (22), and twenty-three (23) north, of range six (6) east, of the Indian meridian.
ARTICLE II.
Whereas the President of the United States, by virtue of the authority conferred upon him by law, has directed that the individual members of said tribe of Indians
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shall take allotments of land in said reservation and hold the titles thereto in severalty; and
Whereas an allotting agent has been appointed to set apart such allotments and is now engaged in the prosecution of that work:
It is agreed that the allotments of land made and to be made under such direction of the President shall in all things be confirmed. The title to the allotments so made shall in all things, except as herein otherwise expressly provided, be governed by all the conditions and limitations contained in the law of Congress entitled “An act to provide for the allotment of land in severalty to Indians on the various reservations, and to extend the protection of the laws of the United States over the Indians, and for other purposes,” approved February 8, 1887, and an act amendatory thereof, approved February 28, 1891: Provided, however, That said Indians shall be diligent in selecting their said land, and all allotments shall be selected and designated within four months after this agreement shall be ratified by the Congress of the United States, unless the Secretary of the Interior in his discretion shall extend said time: And provided further, Such allotments shall be selected by the allottee, himself or herself, when over the age of eighteen years; but for allottees of said tribe under the age of eighteen years the father, if living, but if dead then the mother, shall select such allotment; and if neither father nor mother be living, then such allotment shall be made by the agent, for the time being, in charge of the affairs of said tribe: Provided further, That all members of said tribe who shall be born prior to the final completion of the allotting of said lands as herein provided for shall have the right to allotments under this agreement, and that allotments made or to be made by said allotting agent shall continue in force and be confirmed even if the allottee shall die before the final completion of such allotting, and in such cases the law of partition and descent of the State or Territory wherein such land is situated shall govern: And provided further, That no allotment shall be taken on land now being used for church or educational purposes, or for public use by the United States, or on sections sixteen (16) and thirty-six (36) in each township, except where the allottee may have here- tofore made improvements on said sections, and in that case the allottee may take his or her allotment on such sections, to cover his or her improvements, but according to legal subdivisions: And provided further, That in all cases where members of said tribe have already taken allotments of land in said reservation, in pursuance of and according to the provisions of section 5 of an act of Congress entitled “An act to authorize the sale of the Pawnee Reservation,” approved April 10, 1876, such allotments shall be confirmed, if the allottee shall so elect, and the titles thereto held
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according to the provisions of this agreement. In such cases, however, the allottee shall have no right to any additional allotment under the law or this agreement.
ARTICLE III.
It is further agreed that article 2 of the treaty between the United States and the chiefs and headmen of the four confederate bands of Pawnee Indians, viz, Grand Pawnees, Pawnee Loups, Pawnee Republicans, and Pawnee Tappahs, and generally known as the Pawnee tribe, proclaimed May 26, 1858, so long as the same shall be in force, is hereby amended so as to read as follows:
“The United States agrees to pay to the Pawnees the sum of thirty thousand dollars per annum, as a perpetual annuity, to be distributed annually among them per capita, in coin, unless the President of the United States shall from time to time otherwise direct. But it is further agreed that the President may, at any time in his discretion, discontinue said perpetuity by causing the value of a fair commutation thereof to be paid to or expended for the benefit of said Indians in such manner as to him shall seem proper.”
ARTICLE IV.
As an additional and only further consideration for such cession and conveyance, the United States agrees to pay to said tribe the sum of one dollar and twenty-five cents per acre for all the surplus land in said reservation, after the allotments herein provided for shall have been taken and approved by the Secretary of the Interior, payable as follows: Eighty thousand dollars in coin, to be distributed among them per capita at the subagency on said reservation upon the ratification of this agreement by Congress, and the residue of the proceeds of said surplus lands shall be placed to the credit of said tribe in the Treasury of the United States, and bear interest at the rate of five per centum per annum, there to remain at the discretion of the United States, the interest to be paid annually and be distributed to said tribe per capita on said reservation.
ARTICLE V.
This agreement shall not have the effect to repeal, modify, or change any of the treaty stipulations now in force between the United States and said Pawnee tribe of Indians, except in the manner and to the extent herein expressly or by necessary implication provided for.
ARTICLE VI.
This agreement shall become effective when ratified by the Congress of the United State.

That the lands acquired by the agreements specified in the two preceding sections are hereby declared to be a part of the public domain. Sections sixteen and thirty-six in each township, whether surveyed or unsurveyed, are hereby reserved from settlement for the use and benefit of public schools, as provided in section ten relating to lands acquired from the Cherokee Nation of Indians. And the lands so acquired by the agreements specified in the two preceding sections not so reserved shall be opened to settlement by proclamation of the President at the same time and in the manner, and subject to the same conditions and regulations provided in section ten relating to the opening of the lands acquired from the Cherokee Nation of Indians. And each settler on the lands so to be opened as aforesaid shall, before receiving a patent for his homestead, pay to the United States for the lands so taken by him, in addition to the fees provided by law, the sum of two dollars, and fifty cents per acre; and shall also pay interest upon the amount so to be paid for said land from the date of entry to the date of final payment at the rate of four per centum per annum.

Before any of the aforesaid lands are open to settlement it shall be the duty of the Secretary of the Interior to divide the same into counties which shall contain as near as possible not less than five hundred square miles in each county. In establishing said county line the Secretary is hereby authorized to extend the lines of the counties already located so as to make the area of said counties equal, as near as may be, to the area of the counties provided for in this act: Provided, That range one west and ranges one, two, three, and four east, in township twenty, shall be attached to, and become a part of, Payne County. At the first election for county officers the people of each county may vote for a name for each county, and the name which receives the greatest number of votes shall be the name of such county: Provided further, That as soon as the county lines are designated by the Secretary he shall reserve not to exceed one-half section of land in each county, to be located for county-seat purposes, to be entered

under sections twenty-three hundred and eighty-seven and twenty-three hundred and eighty-eight of the Revised Statutes. And all reservations for county seats shall be specified in any order or proclamation which the President shall make for the opening of the lands to settlement.

The consent of the United States is hereby given to the allotment of lands in severalty not exceeding one hundred and sixty acres to any one individual within the limits of the country occupied by the Cherokees, Creeks, Choctaws, Chickasaws, and Seminoles; and upon such allotments the individuals to whom the same may be allotted shall be deemed to be in all respects citizens of the United States. And the sum of twenty-five thousand dollars, or so much thereof as may be necessary, is hereby appropriated to pay for the survey of any such lands as may be allotted by any of said tribes of Indians to individual members of said tribes; and upon the allotment of the lands held by said tribes respectively the reversionary interest of the United States therein shall be relinquished and shall cease.

The President shall nominate and, by and with the advice and consent of the Senate, shall appoint three commissioners to enter into negotiations with the Cherokee Nation the Choctaw Nation, the Chickasaw Nation, the Muscogee (or Creek) Nation; the Seminole Nation, for the purpose of the extinguishment of the national or tribal title to any lands within that Territory now held by any and all of such nations or tribes, either by cession of the same or some part thereof to the United States, or by the allotment and division of the same in severalty among the Indians of such nations or tribes, respectively, as may be

entitled to the same, or by such other method as may be agreed upon between the several nations and tribes aforesaid, or each of them, with the United States, with a view to such an adjustment, upon the basis of justice and equity, as may, with the consent of such nations or tribes of Indians, so far as may be necessary, be requisite and suitable to enable the ultimate creation of a State or States of the Union which shall embrace the lands within said Indian Territory.

The commissioners so appointed shall each receive a salary, to be paid during such time as they may be actually employed, under direction of the President, in the duties enjoined by this act, at the rate of five thousand dollars per annum, and shall also be paid their reasonable and proper expenses incurred in prosecution of the objects of this act, upon accounts therefor to be rendered to and allowed by the Secretary of the Interior from time to time. That such commissioners shall have power to employ a secretary, a stenographer, and such interpreter or interpreters as may be found necessary to the performance of their duties, and by order to fix their compensation, which shall be paid, upon the approval of the Secretary of the Interior, from time to time, with their reasonable and necessary expenses, upon accounts to be rendered as aforesaid; and may also employ, in like manner and with the like approval, a surveyor or other assistant or agent, which they shall certify in writing to be necessary to the performance of any part of their duties.

Such commissioners shall, under such regulations and directions as shall be prescribed by the President, through the Secretary of the Interior, enter upon negotiation with the several nations, of Indians as aforesaid in the Indian Territory, and shall endeavor to procure, first, such allotment of lands in severalty to the Indians belonging to each such nation, tribe, or band, respectively, as may be agreed upon as just and proper to provide for each such Indian a sufficient quantity of land for his or her needs, in such equal distribution and apportionment as may be found just and suited to the circumstances; for which purose, after the terms of such an agreement shall have been arrived at, the said commissioners shall cause the lands of any such nation or tribe or band to be surveyed and the proper allotment to be designated; and, secondly, to procure the cession, for such price and upon such terms as shall be agreed upon, of any lands not found necessary to be so allotted or divided, to the United States; and to make proper agreements for the investment or holding by the United States of such moneys as may be paid or agreed to be paid to such nation or tribes or bands, or to any of the Indians thereof, for the extinguishment of their therein. But said commissioners shall, however, have power to negotiate any and all such agreements as, in view of all the circumstances affecting the subject, shall be found requisite and suitable to such an arrangement of the rights and interests and affairs of such nations, tribes, bands, or Indians, or any of them, to enable the ultimate creation of a Territory of the United States with a view to the admission of the same as a state in the Union.

The commissioners shall at any time, or from time to time, report to the Secretary of the Interior their transactions and the progress of their negotiations, and shall at any time, or from time to time, if seperate agreements shall be made by them with any nation, tribe or band, in pursuance of the authority hereby conferred, report the same to the Secretary of the Interior for submission to Congress for its consideration and ratification.

For the purposes aforesaid there is hereby appropriated, out of any money in the Treasury of the United States, the sum of fifty thousand dollars, to be immediately available.

Neither the provisions of this section nor the negotiations or agreements which may be had or made thereunder shall be held in any way

to waive or impair any right of sovereignty which the Government of the United States has over or respecting said Indian Territory or the people thereof, or any other right of the Government relating to said Territory, its lands, or the people thereof.