The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1872-07-02
OFFICIAL.
+ Avs OF THE UNITED STATES PASSED
Ia AT THE SECOND SESSION OF THE
FORTY-SECOND CONGRESS. .
GENERAL NAruRE-No, "a


Ia AT THE SECOND SESSION OF THE
FORTY-SECOND CONGRESS. ,..
GENERAL NATURE-No, t7l
AN ACT to provide for the removal of the Kan
sas tribe Of Indians to the Indian Territory,
and to dispose of their lands in Kansas TO actu-
al settlers.
Be it enacted 1y the Senate and House Of Repre-
sentatiees Of the United States Of inherited in CON
greSs assembled, That the Secretary of the In
terror be, and he is hereby, authorized and en-
powered to cause to be appraised and SOLD so
much of the lands heretofore owned by the Kan.
sas tribe of Indians in the State OF Kansas ana
which was coded TO the United States in trust IN
the treaty made by the United states and sad
Indians proclaimed November seventeenth, ammo
Domini eighteen hundred and sixty, and which
remain uusold, in the following manner,
viz The said Secretary shall appoint
three disinterested and competent persons,
who shall after being duly sworn TO perform
said service faithfully and impartiaily, personal
lyexamine and appraise said lands by legal SUD-
divisions of one hundred and sixty acres or less
separately from The value of any improvements
on the same. and also the value of said improve
ments, distinguishing between Improvements
made by members, of said Indian tribe, the Uni
ted States, and white settlers, and make return
thereof to the Commissioner of Indian Affairs:
Provided, That the Secretary of the Interior
may in his dscretion, set aside any appraise-
menls that may be made under the provisions OF
this section, and cause new appraisernent TO be
made. "a
SEC O. That each bona-fide settler at the time
occupying any portion of said lauds and having
made valuable improvements thereon, OF the
heirs at law of such who is a citizen OF the
United States, or who has declared his intention
to become such, shall be entitled, at any time
within one year from the approval OF sud APP
praiselnent to purchase, for cash. the land so &C.
tupied and Improved by him, not to exceed one
hundred and sixty acres in each case, at the ap-
prised value thereof, including the appraised
value of any improvements which may have been
made by the United States or any OF said In
dams on the same, under such rules and reguia-
tons as the Secretary of the interior may pre-
scribe.
SEC. 3. That all the lands mentioned in the
frst section of this act now occupied by bona
iide settlers, us mentioned in the second section
of this act remaining unsold at the expiration
of one year from the approval OF said appraise-
mont, shall be sold at public sale after due ad-
yersenent, 10 the highest bidder for cash, IN
tracts not exceeding one hundred and sixty
acres; and all the lands mentioned in the 1irst
section of this act which shall be unoccupied by
bona fde settlers at the date of such appraise-
lnent may be sold at any time after the APP
prevail of said appraisernent, at public sale,
after due advertisement, to the highest
bidder for cash, in tracts not exceeding one
hundred and sixty acres, under such rules and
regulations as the Secretary of the Interior may
prescribe; ProUided, That in no case shall any
Of The lands mentioned in this act be sold at
less than their appraised value: And prortded
further, That the secretary OF the Interior may,
in his discretion, open any of said lands remain
ing unsold after having been publicly offered
10 cash entry at their appraised value, snbject
10 the rights of bona-fide settlers as provided
for in this act: Prouided, hoDeuer, That the
proceeds of the sale of said and and improve
ments after paying the expenses OF said
appraisement and sale, shall be applied IN ac-
eordance with the provisions of said treaty in the
payment of the liquidated Indebtedness of said
Kansas tribe of Indians pro rata us the same
shall be received, and the excess, if any, shall be
distributed to the said Indians, per capita, in
money. ~ ELz f Er-L
SIG A. That if said Kansas tribe Of Indians
shall signify 10 the President of the United States
their desire to sell their diminished reserve as
indicated in said treaty, including lands held in
severfllity and in common and TO remove from
.<,f KoaC and Ghu11 IN nOrnn in IN
manner as the President may prescribe, the Sec
Rotary of the Interior may cause the same to be
appraised in legal subdivisions as herembef9re
provided for the appraisement of the so called
trust lands" and sold in quantities not exceed
ing one hundred and sixty acres at not less than
its appraised value, after due notice, to the high
est bidder or bidders on sealed bids, including
improvements of every character, and
no preference shall be given to settlers
on any part of said diminished reserve,
and the appraised value of any Improvements
on any part OF said diminished reserve made by
any member of said tribe shall be paid to him OF
her in person, and the residue of the proceeds OF
said sales shall belong to said tribe in common
fifty per centum of which shall be placed to then
credit on the books of the treasury and bear in
terest at the rate of five per centum per annum
said interest to be paid to them semi-aunnally
for the term of twenty years after which period
the principal shall be paid to the members o
said tribe per capita, and the remaining fifty pei
centum of the proceeds of sales as aforesaid
shall be used in providing and improving fol
them new homes in the indian Territory
and in subsisting them until they may be
come seli-sustaining Pfouided, That if fanny
. adult member OF said tribe to whom an allot
ment was assigned under the provision of article:
one and two of said treaty Of November, eigh
teen Hundred and sixty, shall desire 10 remain
upon the same, such member of said tribe shall
upon satisfying the Secretary OF the Interior tha
he or she is the person to Whom such allotmen
was originally assigned and that he or she has
since the date of such assignment, continued Il
occupy and cultivate the same be entitled to de
mand and receive for such allotment patent il
fee simple; but such land so patented shall be ex
empt from levy, taxation, or sale during thu
natural lite of such Indian.
A c,.nd Nh