School and farm sec tion. stead entry under any law of the United States. And the section of land now designated and set apart near the Sac and Fox Agency, for a school and farm, shall not be subject either to allotment to an In- tion. dian or to homestead entry under the laws of the United States-but shall remain as it now is and kept for school and farming purposes, so long as said Sac and Fox Nation shall so use the same, -Provided Release of exemphowever, that at the time allotments are being taken, as hereinafter provided for, the National Council of said Sac and Fox Nation may release from the operation of this part of the agreement one or more quarters of said school section of land and such part or parts so released, shall thereby become subject to allotment hereunder, or to lands. homestead entry. And for each quarter of said school section so released, the said National Council shall have the right to select anywhere in said Reservation another quarter section of land, except in Section Sixteen (16) and Section Thirty-six (36) of any Congressional Township-to be held as said school section is provided herein to be held, so long as said Sac and Fox Nation shall use the same for school purposes or for farming purposes in connection with this said school. School and farm lieu ARTICLE II. Consideration. Rights of Sacs and Foxes to select lands ARTICLE II. In consideration of the cession, conveyance, transfer, surrender and relinquishment by said Sac and Fox Nation of all of their title, claim and interest, of every kind and character in and to the lands described in the preceding Article, the United States of America hereby agrees with said Sac and Fox Nation that in severalty. each and every citizen thereof over the age of Eighteen (18) years shall have the right to select for himself one fourth of a section of land in one body, in a square form, to conform in boundaries to the legal surveys, anywhere in the tract of country herein before described, except in Sections Sixteen (16) and Thirty-six (36) in each Congressional Township and said one quarter section of land where said Agency is located and said school section or other lands selected in lieu thereof. The father of any child, or if the father be dead, the mother, shall have the right to select for each of his or her children, under Eighteen (18) years of age, one quarter section of land, in one body, in a square form, under the same restrictions, only as above provided for citizens over the age of Eighteen (18) years. If there shall be a child under Eighteen (18) years of age, and having neither father nor mother, then the agent for the time being, at said Sac and Fox Agency, shall select for such child the same amount of land, under the same restrictions and limitations, as are above provided for other children. Size, shape, etc. Location. Limitations. ARTICLE III. Patents for allot ARTICLE III. It is further agreed that when the allotments to the citizens of the Sac and Fox Nation are made, the Secretary of the ments. Interior shall cause patents to issue therefor in the name of the allottees which patent shall be of the legal effect and declare that Eighty (80) acres of land to be designated and described by the allottee, his or her agent as above provided, at the time the allotment is being made, shall be held in trust by the United States of America, Intrust. for the period of Twenty-five years, for the sole use and benefit of the allottee, or his or her heirs, according to the laws of the State or Territory where the land is located; and that the other Eighty (80) acres shall be so held in trust by the United States of America for the period of five (5) years, or if the President of the United States will consent, for fifteen (15) years for like use and benefit; and that at the expiration of the said periods respectively the United States will convey the same by patent to said allottee, or his or her heirs as aforesaid, in fee, discharged of said trust and free from all incumbrances; Provided, that in no case shall a patent in fee be issued to a person who is an orphan at time allotment is made and un-married, Orphan allottees. until he or she shall have arrived at the age of Twenty-one (21) Years or shall marry. In order that the question of the age of any 51-2--5 In fee. Proviso. ARTICLE IV. Additional consider ation. Money payment. Proviso. orphan allottee as aforesaid shall not be subject to future inquiry, it is agreed that the age of each orphan allottee, under the age of Twenty-one (21) years shall be fixed and ascertained by the person making the allotment and reported by him to the Department of the Interior and such report of the age of any allottee shall be held and deemed conclusive in carrying out this agreement. ARTICLE IV. As a further and only additional consideration for the cession, conveyance, transfer, surrender and relinquishment of all title, claim and interest in and to the tract of land described in Article I hereof, the United States agrees to pay the Sac and Fox Nation, the Sum of Four Hundred and Eighty-five Thousand $(485,000) Dollars: Provided, the entire number of allotments hereunder shall Limitation of allot- not exceed Five Hundred and Twenty-eight (528) and should the allotments exceed in number Five Hundred and Twenty eight (528) Deductions for ex- then there shall be deducted from said sum of Four Hundred and Eighty-five Thousand $(485,000) Dollars, the sum of Two Hundred ($200) Dollars for each allotment in excess of said number. ments. cess. Distribution of money. Said sum of Four Hundred and Eighty-five Thousand ($485,000) Dollars shall be paid as follows: Three Hundred Thousand Dollars Retained in Treasury. thereof shall be retained in the Treasury of the United States to the credit of the said Sac and Fox Nation, and bear interest at the rate of five per centum (5%) per annum-which interest shall become due and payable on the first day of March in each year. Interest. To be paid out by Agent. Per capita distribution of residue. Limitations. ARTICLE V. Allotting agents and assistants. Five thousand ($5,000) Dollars thereof shall be paid to the United States Indian Agent at the Sac and Fox Agency, to be paid out and expended by him under the direction and authority of the National Council of the Sac and Fox Nation. The residue of said sum of Four Hundred and Eighty-five Thousand Dollars shall be paid out in currency to the citizens of the said Sac and Fox Nation, per capita, at the Sac and Fox Agency in the Indian Territory, within three months after the ratification of this agreement by Congress, as follows: Each person over the age of Twenty-one years shall receive and receipt for his or her share thereof; each person that is married shall receive and receipt for his or her share thereof whether Twenty-one years of age or not. The United States Indian Agent at the Sac and Fox Agency shall retain and pay out the share thereof, belonging to any insane or imbecile citizen of said Nation, for his or her sole use and benefit, either for necessary support or for the improvement of his or her land; the share thereof belonging to orphan children under Twenty-one years of age and un-married, shall be retained in the Treasury of the United States, until he or she shall marry or become Twenty-one years of age, when he or she shall be entitled to receive and receipt for the same at said Sac and Fox Agency, free of charge; or if the National Council shall at any time deem any orphan child capable of taking proper care of his or her money, said Council may make an order to that effect, upon which order being made the United States Indian Agent at said Sac and Fox Agency shall make requisition for such persons money, which at the ensuing annuity payment shall be paid to such person. It is the purpose and intention and agreement that no part of this fund shall ever pass under the control of any guardian. appointed by or acting under any State or Territorial authority. It is further agreed that no part of said sum of Four Hundred and Eighty-five Thousand Dollars shall be applied in payment of any claim preferred against said Sac and Fox Nation, alleged to have accrued prior to the ratification of this agreement. ARTICLE V. It is further agreed that the Department of the Interior, shall, as soon as practicable, after the ratification of this agreement by the Congress of the United States, send to said Sac and Fox Agency a competent corps of allotting agents and necessary Allotment procedure. assistants, to make, survey, designate and describe, the allotments herein provided for-who shall give a notice in writing to the prin Notice. lections in certain cipal Chief of the Sac and Fox Nation, that they are prepared and ready to proceed in making such allotments-and said Sacs and Foxes shall then have four months from the time of giving such notice to complete the taking of their allotments, and if, at the end of such period of four months, it shall be ascertained that any of Agent to make sethe citizens of said nation, have failed or refused to take their said cases. allotments, ther, the United States Indian Agent, for the time being, at said Sac and Fox Agency, shall make selections for such persons, which shall have the same effect, as if such persons had made such selections for themselves. It is further agreed that as soon as such Residue of lands, allotments are so made, and approved by the Department of the In- open to white settleterior, and the provisional patents herein-before provided for are ment. issued, then the residue of said tract of country, shall, as far as said Sac and Fox Nation is concerned, become public lands of the United States, and under such restrictions as may be imposed by law, be subject to white settlement. after allotments, to be ARTICLE VI. Preferred rights of ments. ARTICLE VI. It is further agreed that whenever any citizen of said Sac and Fox Nation shall have made and owns valuable improve- owners of improvements on any lands in said reservation, he or she shall have the preference over any other citizen of said Nation to take his or her allotments so as to embrace said improvements, provided they shall be limited as herein-before provided as to boundaries and area. ARTICLE VII. Limitation of bene ARTICLE VII. It is further agreed that the beneficiaries of this agreement shall be limited to those persons whose names are now on ficiaries. the roll as Sacs and Foxes at the said Sac and Fox Agency; and those that may be born to them, and entitled by the laws and customs of said Sac and Fox Nation to go upon said roll before said allotments are made; and those that may be adopted into said Nation according to law by the National Council, before said allotments are made. ARTICLE VIII. This agreement shall be in force and have effect from and after its ratification by the National Council of the Sac and Fox Nation and the Congress of the United States. In witness whereof the said David H. Jerome, Alfred M. Wilson, and Warren G. Sayre, Commissioners on the part of the United States, have hereunto set their hands the day and year aforesaid, and the principal Chief and the First Assistant Principal Chief of the said Sac and Fox Nation have hereunto set their hand and the Seal of said Nation the day and year aforesaid. And the Secretary of said Sac and Fox Nation now attests the same. [SEAL.] DAVID H. JEROME. WARREN G. SAYRE. Commissioners for United States. MAH-KO-SAH-TOE, His X mark. Principal Chief. ARTICLE VIII. Operation. MOSES KEOKUK, His X mark. Attest: Attestation. WALTER BATTICE, Secretary of Sac & Fox Nation. And, Whereas David H. Jerome, Alfred M. Wilson, and Warren G. Sayre, duly appointed commissioners on the part of the United States, did, on the twentieth day of May eighteen hundred and ninety, conclude an agreement with the Iowa tribe of Indians residing on the Iowa Reservation, in the Territory of Oklahoma, formerly part of the Indian Territory, which said agreement is in words and figures as follows, to wit: Preamble. Articles of agree "Articles of agreement made and entered into on the twentieth ment with the Iowa day of May, in the year of our Lord, eighteen hundred and ninety, tribe of Indians, Oklaat the Iowa Village in what is known as the Iowa Reservation, in 1890. homa Ter., May 20, the Indian Territory, by David H. Jerome, Alfred M. Wilson, and Warren G. Sayre, Commissioners on the part of the United States, appointed for the purpose, and the Iowa tribe of Indians residing on said Reservation. ARTICLE I. The said Iowa Tribe of Indians, residing and having their homes thereon, upon the conditions hereinafter expressed, do hereby surrender and relinquish to the United States all their right, title, claim and interest in and to and over the following described tract of country in the Indian Territory, namely: Beginning at the point where the Deep Fork of the Canadian River intersects the west boundary of the Sac and Fox Reservation; thence north along said west boundary to the south bank of the Cimarron River; thence up said Cimarron River to the Indian Meridian; thence south along said Indian Meridian to the Deep Fork of the Canadian River; thence down said Deep Fork to the place of beginning," set apart for the permanent use and occupation of the Iowa and such other Indians as the Secretary of the Interior may see fit to locate thereon, by Executive Order made and dated the fifteenth day of August, in the year of our Lord eighteen hundred and eightythree. ARTICLE II. Land to be allotted in severalty to every tribe. Location. Each and every member of said Iowa Tribe of Indians shall be Indian of the Iowa entitled to select and locate upon said Reservation or tract of Country eighty acres of land which shall be allotted to such Indian in severalty. No other restriction as to locality shall be placed upon such selections than that they shall be so located as to conform to the Congressional survey or subdivision of said tract of country, and Preferred rights of any Indian having improvements may have the preference over any owners of improve other Indian in and to the tract of land containing such improvements so far as they are within a legal subdivision not exceeding in area the quantity of land that he is entitled to select and locate. ments. Selection of allotments. ARTICLE III. Special allotment agents to be appointed. Each member of said tribe of Indians over the age of eighteen years, shall select his or her land, and the father, or if he be dead the mother, shall select the land herein provided for, for each of his or her children who may be under the age of eighteen years, and if both father and mother of a child under eighteen years of age shall be dead, then the nearest of kin, over eighteen years of age and an Iowa Indian, shall select and locate his or her land-or if such person shall be without kindred as aforesaid, then the Commissioner of Indian Affairs, or some one by him authorized, shall select and locate the land of such child. ARTICLE III. That the allotments provided for in this Act shall be made at the cost of the United States by special agents appointed by the President for such purpose, under such rules and regulations as the Secretary of the Interior may from time to time prescribe, and within sixty days after such special agent or agents shall appear upon said Notice of procedure, reservation and give notice to the acting and recognized chief of said Iowa Tribe of Indians, that he is ready to make such allotments; and if any one entitled to an allotment hereunder shall fail to make his or her selection within said period of sixty days, then such special agent shall proceed at once to make such selection for such person or persons-which shall have the same effect as if made by the person so entitled; and when all of said allotments are made etc. Failure to select. tion to become public and approved, then the residue of said reservation, except as here- Residue of reservainafter stated, shall, as far as said Iowa Indians are concerned, be- land. come public land of the United States. In trust. Upon the approval of the allotments provided for herein by the Patents of allotment. Secretary of the Interior, he shall cause patents to issue therefor in the name of the allottees, which patents shall be of the legal effect and declare that the United States does and will hold the land thus allotted for the period of twenty-five years in trust for the sole use and benefit of the Indian to whom such allotment shall have been made, or in case of his or her decease, of his or her heirs or devisees according to the laws of the state or territory where such land is located, and that at the expiration of said period, the United States will convey the same by patent to said Indian or his heirs or devisees as aforesaid in fee, discharged of said trust and free of all incumbrance whatsoever. In fee. Prior conveyances, And if any conveyance shall be made of the lands set apart and allotted, as herein provided, or any contract made touching the etc. void. same, before the expiration of the time above mentioned such conveyance or contract shall be absolutely, null and void. And during said period of twenty-five years said lands, so allotted Allotments, etc., nontaxable, etc., for cerand the improvements thereon shall not be subject to taxation for tain period. any purpose by any State or Territory or any municipal subdivision thereof nor subject to be seized upon any execution or other mesne or final process issued out of any court of any State or Territory, and shall never be subject to be seized or sold upon any execution or other mesne or final process issued out of any court of any State or Territory upon any judgment rendered upon any debt or liability incurred, the consideration of which, immediate or remote passed prior to the expiration of said period of twenty-five years. And the law of descent and partition in force in the State or Territory where such lands are situated shall apply thereto. and grave-yard lands There shall be excepted from the operation of this agreement a Church,school house, tract of land, not exceeding ten acres in a square form, including excepted from allotthe church and school house and grave-yard at or near the Iowa ment, etc. village, and ten acres of land shall belong to said Iowa tribe of Indians in common so long as they shall use the same for religious, educational, and burial purposes for their said Tribe-but whenever they shall cease to use the same for such purposes for their Tribe, said tract of land shall belong to the United States. Expenditurefor houses, animals, seeds, Proviso. When all the allotments are made as aforesaid, the United States, under the direction of the Commissioner of Indian Affairs will ex- etc., after allotment. pend for said Iowa tribe of Indians described herein as beneficiaries of this agreement for improving their said land, for building houses, providing for said Indians breeding animals, agriculture implements, and seeds, the sum of Twenty-four thousand dollars-provided, that said sum shall be paid out as nearly equally per capita as may be, the father, or, if he be dead, the mother, to act for their children tion. under the age of eighteen years-and the Commissioner of Indian Affairs in his own discretion to act for orphan children under the age of eighteen years. Per capita distribu |