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expenses of the Indian Department", and so forth, "for the fiscal year ending June thirtieth, eighteen hundred and eighty-one."
Expenses of Indian commissioners: For the expenses of the commission of citizens serving without compensation, appointed by the President under the provisions of the fourth section of the act of April tenth, eighteen hundred and sixty-nine, ten thousand dollars.
CHAP. 251.-An act to carry into effect the second and sixteenth articles of the treaty between the United States and the Great and Little Osage Indians, proclaimed January twenty-first, eighteen hundred and sixty-seven. [June 16, 1880.]
Whereas, by the act for the admission of the State of Kansas into the Union, approved January twenty-ninth, eighteen hundred and sixty-one, the United States granted to said State the sixteenth and thirty-sixth sections "of every township of public lands in said State", but especially provided that the lands embraced within the Indian reservations in said State should not be alienated for any purpose, except with the consent of the Indians of such reservations, and in accordance with the conditions of the treaty authorizing such alienation; and
Whereas, by the treaty between the United States and the Great and Little Osage Indians, proclaimed January twenty-first, eighteen hundred and sixty-seven, a trust was created for the disposal of the lands of said Indians in the State of Kansas, the metes and bounds of which said lands are specifically set forth in said treaty, by which the United States bond itself to survey and sell any and all of such lands, "at a price not less than one dollar and twenty-five cents per acre, as other lands are surveyed and sold", and to place "the proceeds of such lands as they accrue, after deducting all expenses incident to the proper execution of the trust, in the Treasury of
the United States to the credit of said tribe of Indians"; and
Whereas it is claimed that under the operation of the treaty herein referred to there are moneys due, both on account of grants and sales of lands, which have not been placed to the credit of said Indians, as provided for in said treaty: Therefore,
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is hereby authorized and directed to cause an account to be stated of the number of acres of the Osage lands in the State of Kansas that have in any way been alienated by the United States, either by the act of January twenty-ninth, eighteen hundred and sixty-one, entitled "An act for the admission of Kansas into the Union", or since the creation of the trust for the sale of these lands by the treaty between the United States and the Great and Little Osage Indians, proclaimed January twenty-first, eighteen hundred and sixtyseven, and of the money received by the United States on account of the sales of such lands, and to certify the difference between the sum so received and the sum that would be due said trust at the date of the account herein provided for had all of said lands so alienated been disposed of as provided for by said treaty.
SEC. 2. That a sum of money equal to the amount certified by the Secretary of the Interior, in pursuance of the foregoing section, to the Secretary of the Treasury, is hereby appropriated, out of any money in the Treasury not otherwise appropriated, which the Secretary of the Treasury is directed to place to the credit of the Secretary of the Interior, as custodian of said trust funds, and, after defraying the cost of survey and sale of said lands and other expenses contracted by the United States or the Osage Nation in the execution of said trust, the balance of said funds shall be placed in the Treasury of the United States, to the credit of said Indians, to be invested and distributed in accordance with existing treaties: Provided, That a like settlement shall be made with the Indian civilization fund for the sixteenth and thirty-sixth sections, given by the United States to the State of Kansas, within the limits of the Osage lands ceded by the first article of the treaty aforesaid.
[No. 57.] Joint resolution authorizing the Secretary of the Interior to certify school lands to the State of Kansas. [June 16, 1880.]
Whereas the United States has sold and disposed of sections sixteen and thirty-six in certain Indian reservations embraced within the territorial limits of the State of Kansas, in pursuance of treaty obligations; and
Whereas the State of Kansas, in pursuance of a decision of the General Land Office, dated August fourteenth, eighteen hundred and seventy-seven, has selected for school purposes other equivalent lands in lieu of such sections sixteen and thirty-six, disposed of as aforesaid: Therefore,
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the lands so selected by the State of Kansas be, and the same are hereby, confirmed to said State; and the Secretary of the Interior be, and hereby is, authorized to certify the same to said State, in lieu of sections sixteen and thirtysix, sold and disposed of by the United States, within the limits of any former Indian reservation as aforesaid.
CHAP. 123.-An act to permit Elias C. Boudinot, of the Cherokee Nation, to sue in the Court of Claims. [June 4, 1880.]
Whereas the United States by the enactment of the one hundred and seventh section of the act of Congress approved the twentieth day of July, auno Domini eighteen hundred and sixty-eight, superseded the tenth section of the treaty entered into by and between the United States and the Cherokee Nation on the nineteenth day of July, anno Domini eighteen hundred and sixty-six; and
Whereas the property of Elias C. Boudinot, a Cherokee Indian, was seized and disposed of by the authorities of the United States in consequence of the enactment of said one hundred and seventh section, although the Supreme Court of the United States, in its opinion expressed in the case prosecuted by said Elias C. Boudinot to test the constitutionality of said one hundred and seventh section and the validity of the said seizure and disposition of his property, and reported in eleventh Wallace United States Supreme Court Reports, page six hundred and sixteen, entitled "The Cherokee Tobacco," declared "that there was no ground for any imputation upon the integrity or good faith of" him, the said Elias C. Boudinot; and, further, that it is to be presumed that if a wrong has been done to him, the said Elias C. Boudinot, the Congress of the United States will promptly give the proper relief if applied to by the said Elias C. Boudinot; and
Whereas the Supreme Court of the United States was not called upon to decide, and did not decide, whether the executive officers of the United States had taken the necessary steps to make operative said one hundred and seventh section in said Cherokee Nation anterior to said seizure of the property of said Elias C. Boudinot; and Whereas there is grave doubt that such steps were taken, and it manifestly appears that a wrong has been done to said Elias C. Boudinot, in consequence of the casual infraction of the said treaty, which should be repaired by appropriate satisfaction in maintenance of said treaty, which still subsists; Now therefore,
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to give Elias C. Boudinot, of the Cherokee Nation, the proper relief for the wrong done him by reason of said seizure and disposition of his property, he, the said Elias C. Boudinot, be, and he is hereby, authorized to bring suit in the Court of Claims against the United States Government, to recover what may be due to him in justice and equity for the loss inflicted upon him by reason of said seizure for an alleged violation of the internal revenue laws, of his property, a tobacco factory, its detention, and damage thereto whilst under seizure, the value of the tobacco, material, and other personal property also seized, and the expenses to which he was subjected thereby.
CHAP. 158.-An act for the relief of Henry Warren. [June 8, 1880.]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Treasury of the United States be, and he is hereby, authorized and directed to pay Henry Warren, of Weatherford, Texas, the sum of fifteen thousand eight hundred and sixty-seven dollars and fifty cents, out of any money in the Treasury not otherwise appropriated, in full satisfaction for damages sustained by reason of capture of trains and destruction of property by Comanche, Kiowa, and Cheyenne Indians in eighteen hundred and seventy-one while said Warren was in the employ of the government, supplying the troops at Fort Griffin, Texas; and that the Secretary of the Interior be, and he is hereby, directed to retain, out of any annuities due or to become due the Comanche and Kiowa Indians, the sum of eleven thousand eight hundred and fifty-two dollars and fifty cents, and from any annuities due or to become due the Cheyennes the sum of four thousand and fifteen dollars, and cover the same into the Treasury in accordance with treaty stipulations between said Indian tribes and the United States.
PROCLAMATION AGAINST INTRUDERS IN INDIAN TERRITORY. 201
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
Whereas it has become known to me that certain evil-disposed persons have, within the territory and jurisdiction of the United States, begun and set on foot preparations for an organized and forcible possession of and settlement upon the lands of what is known as the Indian Territory, west of the State of Arkansas, which Territory is designated, recognized, and described by the treaties and laws of the United States, and by the Executive authorities, as Indian Country, and as such is only subject to occupation by Indian tribes, officers of the Indian Department, military posts, and such persons as may be privileged to reside and trade therein under the intercourse laws of the United States:
And whereas those laws provide for the removal of all persons residing and trading therein, without express permission of the Indian Department and agents, and also of all persons whom such agents may deem to be improper persons to reside in the Indian Country:
And whereas, in aid and support of such organized movement, it has been represented that no further action will be taken by the Government to prevent persons from going into said Territory and settling therein, but such representations are wholly without authority:
Now, therefore, for the purpose of properly protecting the interests of the Indian nations and tribes, as well as of the United States, in said Indian Territory, and of duly enforcing the laws governing the same, I, Rutherford B. Hayes, President of the United States, do admonish and warn all such persons so intending or preparing to remove upon said lands, or into said Territory, without permission of the proper agent of the Indian Department, against any attempt to so remove or settle upon any of the lands of said Territory; and I do further warn and notify any and all such persons who may so offend that they will be speedily and immediately removed therefrom by the agent, according to the laws made and provided, and that no efforts will be spared to prevent the invasion of said Territory, rumors spread by evil-disposed persons to the contrary notwithstanding; and if necessary the aid and assistance of the military forces of the United States will be invoked to carry into proper execution the laws of the United States herein referred to.
In testimony whereof, I have hereunto set my hand and caused the seal of the United States to be affixed.
Done at the city of Washington, this twelfth day of February, in the year of our Lord one thousand eight hundred and eighty, and of the Independence of the [SEAL] United States the one hundred and fourth.
By the President:
WM. M. EVARTS,
Secretary of State.
R. B. HAYES.
Purchase of clothing.
Pay of carpenter, farmer, blacksmith, miller, and engineer.
Pay of physician and teacher
Three installments, for seed and agricultural
Pay of a second blacksmith, iron and steel..
Amount to be expended in such goods, &c., as
Thirty installments, provided to be expended under tenth article treaty of October 28,
Purchase of clothing, same article
Pay of physician, carpenter, farmer, black-
Three installments, for the purchase of seeds
Twenty installments, for blacksmith, assist-
Twenty installments, for schools, instructing Indians in farming, and for the purchase of seeds, tools, &c.
Fourteenth article treaty of Octo-
Two installments of $2,500 each
Eighth article treaty of October 21, 1867.
Seventh article treaty of July 27, 1866.
meet stipulations, indefinite as to time, now allowed, but liable to be discontinued.
Annual amount necessary to
during a limited number of ations that will be required years to pay limited annuiAggregate of future appropri ties incidentally necessary to effect the payment.
Amount of annual liabilities of a permanent character.
United States on which 5
Amount held in trust by the
per cent. is annually paid, and amounts which, invested at 5 per cent., produce permanent annuities.
STATEMENT showing the PRESENT LIABILITIES of the UNITED STATES to INDIAN TRIBES under TREATY STIPULATIONS.
Names of treaties.
Description of annuities, &c.
Number of installments yet unap- Reference to laws,
Statutes at Large.
Thirty installments, provided to be expended
Seventeen installments, unappro-
Vol. 15, p. 584, §10
$310, 000 00
Tenth article treaty of October....do 21, 1867.
Vol. 15, p. 585, §14.
..do Vol. 15, p. 583, §8.
$15,000 00 5, 200 00 2,500 00
5, 000 00
Vol. 15, p. 584, §8.
2, 000 00
Two installments, of $2,500 each, Vol. 15, p. 595, §8 due.
Five installments, at $1,500 each, unappropriated.
Five installments, at $1,600 each, unappropriated.
Twenty installments of annuity, in money, goods, or other articles, provisions, ammunition, and tobacco.
Chippewas of Lake Support of smith and shop, and pay of two Superior. farmers, during the pleasure of the Presi dent.
Chippewas of the Mississippi.
Ten installments in money, at $20,000 each,
Forty installments: in money, $10,666.66;
Ten installments, for purposes of education, per third article treaty of May 7, 1864. Permanent annuities.
55, 000 00
Vol. 10, p. 1112.
80, 000 00
Vol. 9, p. 904, §3.
12, 000 00
Vol. 10, p. 1168, §
317, 333 24
3; vol. 13, p. 694, § 3.
Vol. 13, p. 694, §3.