portion of the Sioux Indians to the Indian Territory until the same shall be authorized by an act of Congress hereafter enacted, Part of agree firmed. Except article four, except also the following portion of article six: "And if said Indians shall remove to said Indian Territory as herein- ment not conbefore provided, the Government shall erect for each of the principal chiefs a good and comfortable dwelling-house" said article not having been agreed to by the Sioux Nation; said agreement is in words and figures following, namely: "ARTICLES OF AGREEMENT made pursuant to the provisions of an act of Congress 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 seventy-seven, and for other purposes," approved August 15, 1876, by and between George W. Manypenny, Henry B. Whipple, Jared W. Daniels, Albert G. Boone, Henry C. Bulis, Newton Edmunds, and Augustine S. Gaylord, commissioners on the part of the United States, and the different bands of the Sioux Nation of Indians, and also the Northern Arapahoes and Cheyennes, by their chiefs and headmen, whose names are hereto subscribed, they being duly authorized to act in the premises. Articles. Boundaries of reser Treaty (15 Stat. L., 635). "ARTICLE 1. The said parties hereby agree that the northern and western boundaries of the reservation defined by article 2 of the treaty between the United States vation. and different tribes of Sioux Indians, concluded April 29, 1868, and proclaimed February 24, 1869, shall be as follows: The western boundaries shall commence at the intersection of the one hundred and third meridian of longitude with the northern boundary of the State of Nebraska; thence north along said meridian to its intersection with the South Fork of the Cheyenne River; thence down said stream to its junction with the North Fork; thence up the North Fork of said Cheyenne River to the said one hundred and third meridian; thence north along said meridian to the South Branch of Cannon Ball River or Cedar Creek; and the northern boundary of their said reservation shall follow the said South Branch to its intersection with the main Cannon Ball River, and thence down the said main Cannon Ball River to the Missouri River; And the said Indians do hereby relinquish and cede to the United States all the territory lying outside the said reservation, as herein modified and described, including all privileges of hunting; And article 16 of said treaty is hereby abrogated. "ART. 2. The said Indians also agree and consent that wagon and other roads, not Roads, &c., through exceeding three in number, may be constructed and maintained, from convenient and reservation. accessible points on the Missouri River, through said reservation, to the country lying immediately west thereof, upon such routes as shall be designated by the President of the United States; and they also consent and agree to the free navigation of the Missouri River. Annuities; where re "ART. 3. The said Indians also agree that they will hereafter receive all annuities provided by the said treaty of 1868, and all subsistence and supplies which may be eived. provided for them under the present or any future act of Congress, at such points and places on the said reservation, and in the vicinity of the Missouri River, as the President of the United States shall designate. tory. "ART. 4. [The Government of the United States and the said Indians, being mutu- Delegation to select ally desirous that the latter shall be located in a country where they may eventually home in Indian Terri· become self-supporting and acquire the arts of civilized life, it is therefore agreed that the said Indians shall select a delegation of five or more chiefs and principal men act above.) Not confirmed. (See from each band, who shall, without delay, visit the Indian Territory under the guidance and protection of suitable persons, to be appointed for that purpose by the Department of the Interior, with a view to selecting therein a permanent home for the said Indians. If such delegation shall make a selection which shall be satisfactory to themselves, the people whom they represent, and to the United States, then the said Indians agree that they will remove to the country so selected within one year from this date. And the said Indians do further agree in all things to submit themselves to such beneficent plans as the Government may provide for them in the selection of a country suitable for a permanent home, where they may live like white men.] Assistance, schools, "ART. 5. In consideration of the foregoing cession of territory and rights, and upon full compliance with each and every obligation assumed by the said Indians, the rations, purchase of United States does agree to provide all necessary aid to assist the said Indians in the surplus, employment, work of civilization; to furnish to them schools and instruction in mechanical and agricultural arts, as provided for by the treaty of 1868. Also to provide the said Indians with subsistence consisting of a ration for each individual of a pound and a half of beef, (or in lieu thereof, one half pound of bacon,) one-half pound of flour, and one-half pound of corn; and for every one hundred rations, four pounds of coffee, eight pounds of sugar, and three pounds of beans, or in lieu of said articles the equivalent thereof, in the discretion of the Commissioner of Indian Affairs. Such rations, or so much thereof as may be necessary, shall be continued until the Indians are able to support themselves. Rations shall, in all cases, be issued to the head of each separate family; and whenever schools shall have been provided by the Government for said Indians, no rations &c. Erection of houses. Not confirmed. (Sec act above.) Artisans to be married, &c. Unfit persons to receive no benefits. Treaty of 1868 con 655). shall be issued for children between the ages of six and fourteen years (the sick and infirm excepted) unless such children shall regularly attend school. Whenever the said Indians shall be located upon lands which are suitable for cultivation, rations shall be issued only to the persons and families of those persons who labor, (the aged, sick, and infirm excepted ;) and as an incentive to industrious habits the Commissioner of Indian Affairs may provide that such persons be furnished in payment for their labor such other necessary articles as are requisite for civilized life. The Government will aid said Indians as far as possible in finding a market for their surplus productions, and in finding employment, and will purchase such surplus, as far as may be required, for supplying food to those Indians, parties to this agreement, who are unable to sustain themselves; and will also employ Indians, so far as practicable, in the performance of Government work upon their reservation. "ART. 6. Whenever the head of a family shall, in good faith, select an allotment of land upon such reservation and engage in the cultivation thereof, the Government shall, with his aid, erect a comfortable house on such allotment; [And if said Indians shall remove to said Indian Territory as herein before provided, the Government shall erect for each of the principal chiefs a good and comfortable dwelling-house.] "ART. 7. To improve the morals and industrious habits of said Indians, it is agreed that the agent, trader, farmer, carpenter, blacksmith, and other artisans employed or permitted to reside within the reservation belonging to the Indians, parties to this agreement, shall be lawfully married and living with their respective families on the reservation; And no person other than an Indian of full blood, whose fitness, morally or otherwise, is not, in the opinion of the Commissioner of Indian Affairs, conducive to the welfare of said Indians, shall receive any benefit from this agreement or former treaties, and may be expelled from the reservation. "ART. 8. The provisions of the said treaty of 1868, except as herein modified, shall tinued (15 Stat. L., continue in full force, and, with the provisions of this agreement, shall apply to any country which may hereafter be occupied by the said Indians as a home; and Congress shall, by appropriate legislation, secure to them an orderly government; Indians subject to laws of United States. -pledged to this agrement. Annual census. Term "reservation.' Agreement subject to approval. They shall be subject to the laws of the United States, and each individual shall be protected in his rights of property, person, and life. "ART. 9. The Indians, parties to this agreement, do hereby solemnly pledge themselves, individually and collectively, to observe each and all of the stipulations herein contained, to select allotments of land as soon as possible after their removal to their permanent home, and to use their best efforts to learn to cultivate the same. And they do solemnly pledge themselves that they will at all times maintain peace with the citizens and Government of the United States; that they will observe the laws thereof and loyally endeavor to fulfill all the obligations assumed by them under the treaty of 1868 and the present agreement, and to this end will, whenever requested by the President of the United States, select so many suitable men from each band to co-operate with him in maintaining order and peace on the reservation as the President may deem necessary, who shall receive such compensation for their services as Congress may provide. "ÅRT. 10. In order that the Government may faithfully fulfill the stipulations contained in this agreement, it is mutually agreed that a census of all Indians affected hereby shall be taken in the month of December of each year, and the names of each head of family and adult person registered; said census to be taken in such manner as the Commissioner of Indian Affairs may provide. "ART. 11. It is understood that the term reservation herein contained shall be held to apply to any country which shall be selected under the authority of the United States as the future home of said Indians. "This agreement shall not be binding upon either party until it shall have received the approval of the President and Congress of the United States. "Dated and signed at Red Cloud agency, Nebraska, September 26, 1876. * Feb. 28, 1877. 19 Stat. L., 264. Pensions for loss ry or naval serv CHAPTER 73. AN ACT TO ALLOW A PENSION OF THIRTY-SIX DOLLARS PER MONTH TO SOLDIERS Pensions for loss of one hand and one foot in military or naval service. Be it enacted, &c., That all persons who, while in the military or naval of one hand and service of the United States, and in the line of duty, shall have lost one one foot in milita- hand and one foot, or been totally and permanently disabled in both, shall be entitled to a pension for each of such disabilities, and at such a rate as R. S., §§ 4697, is provided for by the provisions of the existing laws for each disability: Provided, That this act shall not be so construed as to reduce pen1878, June 17, ch. sions in any case. [February 28, 1877.] ice. 4698. 261. CHAPTER 74. AN ACT FOR THE RELIEF OF CERTAIN CLAIMANTS UNDER THE DONATION LAND LAW of Oregon, APPROVED SEPTEMBER TWENTY-SEVENTH, EIGHTEEN HUNDRED AND FIFTY. Claims for settlements on lands in Oregon and Washington Territories, included in certain military reservations, made valid and patents to issue. Feb. 28, 1877. 19 Stat. L., 264. Claims for set Be it enacted, &c., That the claims of such persons who were duly qualified thereto, and made bona-fide settlements upon lands in the tlements on lands State of Oregon and Washington Territory, under the provisions of the in Oregon and in Washington Terriact of Congress, approved September twenty-seventh, eighteen hundred tory, included in and fifty, entitled "An act to create the office of surveyor general of the certain military public lands in Oregon, and to provide for the survey, and to make reservations, made valid and patents donations to settlers of the said public lands," and the legislation sup- to issue. plemental thereto, which have been included, in whole or in part, within the limits of any reservation made by the United States for military pur-. poses subsequent to the date of such settlement and prior to the completion of the period of residence and cultivation required by said act, which reservation has been, or may hereafter be, declared abandoned by the Secretary of War as no longer necessary to the United States for mili tary or other purposes, shall be adjudicated and patented the same as other donation claims arising under said act and supplemental legislation, as though such reservation had never been made: Provided however, That no claim of any settler coming within the purview of this act shall be validated or confirmed the value of whose improvements, at the time such reservation was made by the United States, has been ascertained and paid for by the Secretary of War, as required by the aforesaid act of September twenty-seventh, eighteen hundred and fifty, and the legislation supplemental thereto. [February 28, 1877.] 1850, ch. 76 (9 Stat. L., 496). R. S., § 2393. SECTION CHAPTER 75. AN ACT TO PROVIDE FOR THE SALE OF CERTAIN LANDS IN KANSAS. Preamble. 1. Cherokee strip of public land in Kansas to be sold. SECTION 2. Proceeds; how disposed of. 3. When act takes effect. Feb. 28, 1877. 19 Stat. L., 265. Preamble. 1872, ch. 157 (17 Whereas, certain lands in the State of Kansas, known as the Cherokee strip, being a strip of land on the southern boundary of Kansas, some two or three miles wide, detached from the lands patented to the Cherokee Nation Stat. L., 98). by the act known as the Kansas-Nebraska bill, in defining the boundaries thereof, said lands still being, so far as unsold, the property of the Cherokee Nation; and Whereas an act was passed by the Forty-second Congress, which became a law on its acceptance by the Cherokee national authorities, and which fixed the price of the lands east of Arkansas River at two dollars per acre, and west of said river at one dollar and fifty cents per acre; and Whereas portions of the same have been sold under said law, and portions remain unsold, the price being too high: Therefore, Be it enacted, &c. Cherokee strip of sas to be sold. [SECTION 1], That the Secretary shall offer for sale to settlers all of said tract remaining unsold at the passage of this act at the local land public land in Kanoffices in the districts in which it is situated, at one dollar and twentyfive cents per acre; and all of said lands remaining unsold after one year from the date at which they are so offered for sale at the local landoffices shall be sold by the Secretary of the Interior for cash, in quantities or tracts not exceeding one hundred and sixty acres, at not less than one dollar per acre. Proceeds; how SEC. 2. That the proceeds of said lands shall be paid into the Treas ury of the United States, and placed to the credit of the Cherokee Na- disposed of. When act takes effect. tion, and shall be paid to the treasurer of the Cherokee Nation, on the order of the legislative council of the Cherokee Nation. SEC. 3. That this act shall take effect and be in force from the date of its acceptance by the legislature of the Cherokee Nation, who shall file certificate of such acceptance. (1) [February 28, 1877.] NOTE.-(1) The legislature of the Cherokee Nation passed an act December 1, 1877, accepting the conditions and provisions of this act. March 1, 1877. 19 Stat. L., 267. Indemnity school lands confirmed to California. R. S., § 2485. where selections CHAPTER 81. AN ACT RELATING TO INDEMNITY SCHOOL SELECTIONS IN THE STATE OF CALIFORNIA, [SECTION 1], That the title to the lands certified to the State of California, known as indemnity school selections, which lands were selected in lieu of sixteenth and thirty-sixth sections, lying within Mexican grants, of which grants the final survey had not been made at the date of such selection by said State, is hereby confirmed to said State in lieu of the sixteenth and thirty-sixth sections, for which the selections were made. SEC. 2. That where indemnity school selections have been made and fail for certain rea- certified to said State, and said selection shall fail by reason of the land in lieu of which they were taken not being included within such final survey of a Mexican grant, or are otherwise defective or invalid, the same are hereby confirmed, and the sixteenth or thirty-sixth section in lieu of which the selection was made shall, upon being excluded from such final survey, be disposed of as other public lands of the United States; sons. tified for school Innocent pur- Provided, That if there be no such sixteenth or thirty-sixth section, chasers of land cer; and the land certified therefor shall be held by an innocent purchaser sections protected. for a valuable consideration, such purchaser shall be allowed to prove 16 Opin. Att'y- such facts before the proper land-office, and shall be allowed to purchase Gen., 69. the same at one dollar and twenty-five cents per acre, not to exceed three hundred and twenty acres for any one person: Confirmation not Provided, That if such person shall neglect or refuse, after knowledge of such facts, to furnish such proof and make payment for such land, it shall be subject to the general land-laws of the United States. SEC. 3. That the foregoing confirmation shall not extend to the lands to extend to claims settled upon by any actual settler claiming the right to enter not exceeding the prescribed legal quantity under the homestead or pre-emption laws: of actual settlers. Act not to apply Provided, That such settlement was made in good faith upon lands not occupied by the settlement or improvement of any other person, and prior to the date of certification of said lands to the State of Cali fornia by the Department of the Interior: And provided further, That the claim of such settler shall be presented to the register and receiver of the district land-office, together with the proper proof of his settlement and residence, within twelve months after the passage of this act, under such rules and regulations as may be established by the Commissioner of the General Land Office. SEC 4. That this act shall not apply to any mineral lands, nor to any to mineral lands lands in the city and county of San Francisco, nor to any incorporated city or town, nor to any tide, swamp, or overflowed lands. [March 1, 1877.] nor lands in San Francisco. CHAPTER 82. AN ACT TO PROVIDE FOR THE PREPARATION AND PUBLICATION OF A NEW EDITION March 2, 1877. 19 Stat. L., 268. Commissioner to tion of Revised Statutes. [SECTION 1], That the President of the United States be, and he is hereby, authorized to appoint, by and with the advice and consent of prepare new edithe Senate, one person, learned in the law, as a commissioner, for the purpose of preparing and publishing a new edition of the first volume of the Revised Statutes of the United States. SEC. 2. That in performing this duty, said commissioner shall be re- to incorporate quired to incorporate into the text of the Revised Statutes as published amendments, &c. 17 Blatch., 363. in the year anno Domini eighteen hundred and seventy five, under the 15 Ct. Cls., 80, act of June twentieth, eighteen hundred and seventy-four, all the amend- 453. ments which have been made in the revision so published since the first day of December, eighteen hundred and seventy-three, and all that shall be made up to the close of the present session of Congress, with marginal references to such amendatory acts, and to all the decisions of the several courts of the United States, (as far as the same may have been published,) which may have been made subsequent to those already cited in the margin of the present revision, and may include also citations to such judicial decisions of the various State courts as he may deem important; And he shall also make marginal references to the various statutes - make marginal passed by Congress since the first day of December, eighteen hundred references. and seventy-three, not expressly therein declared to be amendments to the Revised Statutes, but which, in the opinion of said commissioner, may in any manner affect or modify any of the provisions of the said Revised Statutes, or any of the amendments thereto, indicating in such marginal notes by a difference in type the references to statutes of this kind, and he shall revise the indexes and incorporate therein references to the additions herein required. Other matter to SEC. 3. That there shall also be included in said edition the Articles of Confederation, the Declaration of our National, Independence, the be included. Ordinance of seventeen hundred and eighty seven for the government of the Northwestern Territory, the Constitution of the United States, with foot notes referring to decisions of the Federal courts thereon, the "Act to provide for the revision and consolidation of the statute laws of the United States," approved June twenty-seventh, eighteen hundred and sixty-six, and the "Act providing for publication of the Revised Statutes and the laws of the United States," approved June twentieth, eighteen hundred and seventy-four, as well as the present act. 15 Ct. Cls., 80. SEC. 4. That said new edition shall be completed in manuscript by When completed said commissioner by the first day of January anno Domini eighteen and certified, to be hundred and seventy-eight, and by him presented to the Secretary of legal evidence. 1878, March 9, State for his examination and approval, who is hereby required to ex- ch. 26. amine and compare the same as amended, with all the amendatory acts, and, within two months after having been submitted to him, and when the same shall be completed, the said Secretary shall duly certify the same under the seal of the Secretary of State, and when printed and promulgated as herein provided the printed volume shall be legal [and conclusive] evidence of the laws [and treaties] therein contained, in all the courts of the United States, and of the several States and Territories, [but shall not preclude reference to, nor control, in case of any discrepancy, the effect of any original act as passed by Congress since the first day of December, eighteen hundred and seventy three;] (1) NOTE (1) This section is here printed as amended by the act of 1878, March 9, ch. 26, the words in brackets in italics being stricken out and those in roman inserted thereby. |