The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1839-05-22
[BY AUTHORITY.1 !
LAWS OF TKE UNITED STATES PASSED AT THE
THIRD SESSION OF THE TwENTY-FiFTH
CONGRESS.
IPusLIc-No. 26.1

in the Territory of Wisconsin.
BE il enaeedb bp the Senate and House Of Representa-
fires ofhe United States cf dmeT'ca "a Congress as
sembied, That the township of land containing TWEEN
ty-tbree thousand and forty acres, lying on the east
side Of Winnebago lake, in the Territory OF Wis
consin, which by the provlso Of treaty made with
the Menomonie Indians on the seventeenth febru-
ary 1881, and ratified on the 9Th July, 1852, was
reserved for the use Of the Brotherton or Brother
town Indians. and which by a subsequent treaty with
the Menomcnic tribe. bearing date 9th October,
1882 and ratified 18th March, 1888, was further Sc
cured to the said Brobertown Indians, may be par
ttioued and divided among the different individuals
composing said tribe Of Brothertown Indians, and
NAV be held by them separately and seyeraly IN Ice
simple after such division shall have been made in
the manner hereafter mentioned.
Sec. 2. And be further enacted, lhat. ior the
purpose Of making partition and division OF said
lands among the ndiv idnals of said tribe OF Brother
town Indians board OF commissioners shall be con-
stituted to consis Of five OF tho principal or head
men of sad tribe majority OF whom shall cons'i-
tute quorum do business whose duty 1t shall be
to make Just and fair partition and division Of said
lands among the members OF said tribe, or among
such CT them as, by the laws and customs and reg
ulaions of said tribe, are entitled TO the same, and
in such proportions and in such proportions and in
such manner as shall be consistent with equity and
justice, and in accordance with the existing laws
customs usages, or agreements OF said tribe.
Sec. 3. And be further enacted, That. for the
purpose of elecung or choosing said board OF conf
their church., principal place, the reservation
Of land aforesaid, on the first Monday in July next,
at which all the male members OF said tribe over the
age of twenty one years shall be allowed TO vote
for such commissioners: and the said i've COM
Inssoners shall then and there be chosen elected
by the said tribe, by majority oil the whole mum.
Der Of such voters then present Aud 1.-THE Judge Of
the district in which said lands are situated (or in
hs absence the register of the land Office at Green
Bay, or the commanding officer Of the United States
troops at Fort Howard) shall attend at the time and
place aforesaid, and preside at said meeting super
intend the said election, and that the proceedings
are fairly conducted and the said presiding officer
nlny in bis discretion, prescribe whether the said O.
lection shall be by ballot or viva yoce and shbllin
otherrespecs cause the proceedings to be condue-
ted IN such manner as TO ensure n fair and proper
choice, or election aud after the said commissions
ers shall have been chosen elected the said pre-
siding officer shall immediately certify that fact, set
ting forth the names OF the commissioners who shall
be elected and shall make two copies Of said ccrtl
cate, one Of which ho shall file in the Office Of the
register Of the land district at Green Bay, and tho
other he shall transmit by mail to the President Of
the United States.
Sec. A. And be IL further enacted, That after the
said commissioners shall have been elected or
chosen as above prescribed, and as soon thereafter
as conveniently may be- they shall proceed to make
partition and division of all the lands aforesaid a
Inong such of them as, by the laws, customs, uSa-
ges or agreements of said tribe are Justly entitled
to the same and in such way and manner, and up
on such principles and in such proportions dS shall =
be agreeable to equity and justice. and consistent
with the laws, usagcs, customs, and agreements of
said tribe Prouided hooerer, That the buildings
and improvements. and the farms on which the v
arc situated, which are now held or possess u
cd in severalty by the members OF said tribe, shall
far as the same can consistently be done, be al"
otted apporoned to the present occupants; and g
that no person Individual of sand said tribe shall n
BE- lspossessed or deprived Of the improvements Il
or land which they now occupy, unless il shall be
found by the said commissioners that such persons g
are in the possession OF and occupying more land
than they justly entitled TO, and then the over
plus may be apportoued TO others.
Sec. s. AndJe it further enacted, That afer the -
said commissioners shall have made such partition
and division aforesaid, they shall make or cause
10 be made full report of their proceedings in the
premises setting forth the name OF each person TO :
whom they have apportioned any part of said land.
the quantity apportioned or allotted TO each, with ~
the me!es and bounds, other definite description -
Of each several piece or parcel of land and they ~
shall accompany the said report with fair and
curate map of the whole, showing the divisions ''
and partitions aforesaid; which report and map, or
a copy thereof shall be deposited with the town
clerk of said tribe or before the first day of Oct
next, and shall remain opon for inspection TO- all,
for the space of twenty days thereafter and if any
member or members of said tribe shall object to .
the partition or division OF division made by the
said commissioners, or shall deem himself or them
selves agrieved thereby he or they may within !
ten DAYS thereafter give notice thereof TO the said
who shall, within twenty DAYS :
meet to hear and determine such grev-
ances, and take testimony n necessary; and after
such hearing, shall have power 70 alter or modify
such PARTITION, if in their Judgment any alteration
or notification is necessary, in order TO do eqnal
justice TO all parties in interest.
Sec 6. Ind be IL further enacted That after the a
said report shall be finally completed, the commits I
sioners shall cause of the said report and of the a
map accompanying the same, finally agreed up
and settled 10 be made and signed BY said COM
missioners, one copy of which shall be deposited in
the office of the secretary of said Territory, one
copy in the office of the clerk of the county within
which said lands are situated, and the other shall
be transmitted TO the President ofthe United States
who shall thereupon cause patents TO be issued TO
the several individuals named in said report, for
the lands so apportoncd TO them respectively, by
which the said persons shall be authorized to hold l.
the said lands in fee simple to themselves and their
heirs and assigns. >
Sec. Z. And be Il further enacted. That the said 9
report and map shall be filed with the secretary of Il
said Territory and in the clerks office of said 4
county, and shall also be transmitted to the PreS-
dent on or before the first day of JrnnaTy next and
after the same shall have been filed and transmit
ed to the President as aforesaid, the SAID Broth
rrtown lndianS. and each aud every of them shall
.hen be deemed TO be, and from that time forth are
hereby declared TO be. citizens Of the United States
TO all nents and purposes, and shall be entitled TO
all the rights, privileges, and immunilies of such IL
czens, and SHALL in all respects, be subject the
laws of the United States and of the Territory of Ia
w Wisconsin, in the same manner as other citizens =.
oil said Territory and the jurisdiction of the Uni &
Ted states and of said Territory shall be extended -
over the SAID township reservation now held by W
mem IN the same manner as over other parts Of
said Territory; aud their rights as tribe or ma.
lion, and their power OF making or executing their n
own laws, usages, or customs as such tribe shall n
cease and determine Prorided, ho,oerer, That moth
ing IN this act shalt be so construed as to deprive
hem Of the light to any annuity now due 10 them
from the State Of New York or the United States bu
,ul they shall be entitled to receive any such an VI
luity in the same manner as though this act had 'o
lot been passed. as
JAMES X POLK. n'
Speaker ofhe House of Repres,0tot;,es. Sc