Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1842-09-23


reside upon that identical inn .ovement, or a part
Of it, for the term Of five years continuously next
after the ratification of said treaty, TO wit, from the
wenty-fourh Of February, eighteen hundred and
thirty-cne, to the twenty fourth Of February,
eighteen hundred and thirty six, unless il shall be
made to appear that such improvement was, be-
lore the twenty-ourth day Of February eighteen
hundred and thirty six, disposed of by the United
States, and that the reservee was dispossessed by
means OF such dispositions and thirdly that it shall
he made TO appear, to the entire satisfaction OF said
commissioners, and to the Secretary of War, that
snih Indian did not receive any other grant of
land under the provisions OF my other article Of
said treaty; and fOurthly that it shall he made
to appear, in like manner, tina, said Indian did not
remove to the Choctaw country west of the Mis-
sssippi river, but he or she had continued to re-
side within the limits of the country coded by the
Chociaw Indians to the United States by said
treaty OF twenly-seventh September, in the year
ghteen hundred and thrty-it shall be the duty
OF said Commissioners, If all and each of the a.
hove requisites shall be made clearly to appear TO
their satisfaction, and the Secretary of War shall
concur therein, to proceed to ascertain the guam
tily ofland to which said Indian, by virtue of the
fourteenth article OF the said treaty, is entitled to-
which, when ascerianed, shall be located for said
Indian, according 10 sectional lines, so az to enl-
brace the improvement, or part of ii, owned by
said Indian at the date of said treaty; aud it shall
be the duty OF the President of the United States
to issue patent to said Indian Tor said land, il he
she he living, and if not to his or her heirs and
legal representatives and in like manner shall
the commissioners aforesaid ascertain the quantity
of land granted Ivy snid article to each child of
said Indian, according to the limitations contained
| in said article, and locate said quantity Tor said
children contiguous 10 and nd lonng the improve
ment Of the parent of such child or children; and
the President shall issue patent for eacn tract
of land thus located to said Indian chill If living,
and it not, to the h iii. and legal representatives,
of said Indian child. But il the United States
shall have disposed Of any tract OF land To winch
any Indian EMIT ell under the provisions OF
said fourteenth article OF sad treaty, so that 1t IS
now Impossible 10 give said Indian the quantity to
which he was emitted, including his Improvement
as aforesaid, or any part of it, or 10 his chIiren,
on the adjoining lands, The SAID commissioner
shall ihereupon estimate the quantity 10 which
each Indian is entitled, and allow nm or her Tor
the same quantity OF land equal 10 that allowed,
to be taken out of any of the public lands in the
States Of VI Ississppi, Louisiana. Alabama nnd Ar
KANSAS subject Ia entry at private sale h'ld GER
tiicates to that effect shall he delivered, under The
direction of the Secretary of War, through such
agent he may select, not more titan one halt OF
which shall lie delivered to sad Indian until after
his removal TO the Chectaw territory west OF the
NJ ississppi river. The said commissioners shall
also ascertain the Choctaws, il any, who relin.
pushed, or offered TO relinqush, any reservations
10 which he was entitled under the nineteenth
article of the said treaty, or whose reservations
under that article had been sold by the United
Saies ant shall also determine The quantity TO
which such claimant was entitled, anu the guam
THY of land which should be allowed him OH ex-
inguishment OF such claim, nj the rate OF two
ihs OF IN acre for every acre of The land TO which
said claimant was entitled. said land having been
estimated under this article at fifty cents per acre:
Provided nevertheless, That no Claim shall he con-
sidered or allowed by said commissioners, for or
in The name or behalf of any Indian claimant
whose name does not appear upon the lists or reg
listers of claimants made by Major Armstrong,
special agent for that purpose, in conjunction
with the three chiefs OF the three Chociaw dis
trcls and returned to the department of War in
January, eighteen hundred and thrty-two, and
who does rot appear from those registers TO be
entitled TO a reservation under said nineteenth
article.
Sec. A. find be II further endcied That the said
commissioners, within two years from the time of
their entering upon the duties Of their Offices, and
as often as shall be required by the President of
the United States, shall report TO him their pro-
ceedmgs in the premises, with a full and perfect
list OF the names OF all the Choctaws whom they
. shall have determined 10 be entitled to reserva-
lions under this act; the quantity Of land to which
each shall be entitled the number OF claims
which can I've located according to the provisions
ofthe fourth section Of this act, and such as can
not be located according to the provisions Of the
fourth section Of this act; and the powers and
duties oil the said commissioners shall at the
expiration of TWO years from the time of the first
sanization of tie board and their proceedings
may be terminated 10y the President at any time
previous TO tho expiration OF the said Two years.
SEC. s. find be 10 further enaeted, That the COM
i mssioners to be appointed under this act shall also
ascertain aud determine the quantity OF land to
which any Chocaw or other person named in the
Q supplement to the said Treaty of Dancing Rabbit
creek entitled by virtue thereof, and which
such person has by any means been prevented
from receiving.
. SEC. q. find be il further endcted, That il the
President Of the United States shall approve and
. confirm the determination OF the commissioners
heretofore appointed TO investigate the claims ex-
D listing under the fourteenth article OF the said
treaty of Dancing Rabbit Creek, in any case, he
, shall cause to be delivered to the claimant, IT he
he ChOctaw Indian, his legal representatives or
heirs, certificates, as provided 10y the fourth sec
lion of this act, tor the quantity Of land 10 which
9 such claimant shall appear, by such determine
ton, 10 have been entitled, in lull satisfaction and
discharge of such claiW: Prorifed, Such deter
y animation was made Ivy adhering, IN every in
o stance, TO the requisites contained in liz fourth
n section OF this oct: .4nd Provided also, That said
= claims nor either of theIn cannot be located
n according to The provisions OF the fourth section
: of this act,
i SEC. z. And be il further enacted. That distinct
d accounts shall be kept OF the certificates issued III
. satisfaction OF the claims prov lded Tor Ivy HIS act
:. and OF all expenses attending the execution ot the
d same and the amount thereof shalt be retained
1: aud Withheld from any Distribution 10 the States.
% SEC 8. find be IL further enacted, That nothing
= in this act contained shall be construed as &c
II nulhorise the said Commissioners TO a'udco'e
81 any claim which may he presented by u white
II man who may have had, or now has, an Indian
@ wife or family; and any patent TO land whici
shall issue oil any Indian claim under The provls
u ions flhe treaty aforesaid shall be issued TO The
u Indian 10 whom the claim was allowed, II living
ana ifdead, to his or her heirs and legal represen
II alives any act of Congress, usage, or cusoIm
u to the contrary Notwithstanding
:, SEC. 8. find be il further enacted, That no claim
Is shall be allowed under the fourteenth article o
said treaty, if the said commissioners shall be sat
: lsfed, by such proof as they may prescribe, tina
" said claim had been, previous to the expiration
l. five years from the ratification of said treaty. as