INDIAN AFFAIRS: LAWS AND TREATIES

Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.


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PART IV.—PROCLAMATIONS.

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Margin Notes
1889, ch. 405, ante, p. 332.
Indian titles extinguished to lands on Ponca Reservation, Nebr.
Reservation of agency and school building tract.

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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.
Oct. 23, 1890. | 26 Stat., 1559.

Whereas, it is provided in the Act of Congress, entitled “An act to extend the Northern boundary of the State of Nebraska,” approved March twenty-eighth, eighteen hundred and eighty-two,

That the northern boundary of the State of Nebraska shall be, and hereby is, subject to the provisions hereinafter contained, extended so as to include all that portion of the Territory of Dakota lying south of the forty-third parallel of north latitude and east of the Keyapaha River and west of the main channel of the Missouri River; and when the Indian title to the lands thus described shall be extinguished, the jurisdiction over said lands shall be, and hereby is, ceded to the State of Nebraska, and subject to all the conditions and limitations provided in the act of Congress admitting Nebraska into the Union, and the northern boundary of the State shall be extended to said forty-third parallel as fully and effectually as if said lands had been included in the boundaries of said State at the time of its admission to the Union; reserving to the United States the original right of soil in said lands and of disposing of the same: Provided, That this act, so far as jurisdiction is concerned, shall not take effect until the President shall, by proclamation, declare that the Indian title to said lands has been extinguished, nor shall it take effect until the State of Nebraska shall

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have assented to the provisions of this act; and if the State of Nebraska shall not by an act of its legislature consent to the provisions of this act within two years next after the passage hereof, this act shall cease and be of no effect;

and
Whereas, by section thirteen of the act entitled “An act to divide a portion of the reservation of the Sioux Nation of Indians in Dakota into separate reservations and to secure the relinquishment of the Indian title to the remainder, and for other purposes,” approved March second, eighteen hundred and eighty-nine, it is provided that

When the allotments to the Ponca tribe of Indians and to such other Indians as allotments are provided for by this act shall have been made upon that portion of said reservation which is described in the act entitled ‘An act to extend the northern boundary of the State of Nebraska,’ approved March twenty-eighth, eighteen hundred and eighty-two, the President shall, in pursuance of said act, declare that the Indian title is extinguished to all lands described in said act not so allotted hereunder, and thereupon all of said land not so allotted and included in said act of March twenty-eighth, eighteen hundred and eighty-two, shall be open to settlement as provided in this act: Provided, That the allotments to Ponca and other Indians authorized by this act to be made upon the land described in the said act entitled ‘An act to extend the northern boundary of the State of Nebraska,’ shall be made within six months from the time this act shall take effect;

and
Whereas, the State of Nebraska, by an act of its legislature, approved May twenty-third, eighteen hundred and eighty-two, entitled “An act declaring the assent of the State of Nebraska to an act of Congress of the United States, entitled ‘An act to extend the northern boundary of the State of Nebraska’ approved March 28, 1882,” assented to and accepted the provisions of said act of Congress, approved March twenty-eighth, eighteen hundred and eighty-two; and

Whereas, allotments have been made to the Ponca tribe of Indians, under and in accordance with the provisions of said section thirteen, of the act of March second, eighteen hundred and eighty-nine, and no other Indians having selected or applied for allotments upon that portion of the reservation of the Sioux Nation of Indians described in the act of March twenty-eighth, eighteen hundred and eighty-two, aforesaid, and the six months limit of time within which said allotments were authorized to be made having expired on the tenth day of August, eighteen hundred and ninety;

Now, therefore, I, Benjamin Harrison, President of the United States, by virtue of the power in me vested by the act (section thirteen) of March second, eighteen hundred and eighty-nine, aforesaid, and in pursuance of the act of March twenty-eighth, eighteen hundred and eighty-two, aforesaid, do hereby declare that the Indian title is extinguished to all lands described in said act of March twenty-eighth, eighteen hundred and eighty-two, not allotted to the Ponca tribe of Indians as aforesaid and shown upon a schedule, in duplicate, of allotments made and certified jointly, by George P. Litchfield, U. S. Special Agent, and James E. Helms, U. S. Indian Agent, July thirty-first, eighteen hundred and ninety, and approved by the Acting Commissioner of Indian Affairs, October fourteenth, eighteen hundred and ninety, and by the Acting Secretary of the Interior, October twenty-second, eighteen hundred and ninety, one copy of which schedule of allotments is now on file in the Office of the Commissioner of Indian Affairs and the other in the Office of the Commissioner of the General Land Office, Department of the Interior.

Be it known, however, that there is hereby reserved from entry or settlement, that tract of land now occupied by the Agency and school buildings of the old Ponca Agency, to wit: The south half of the south-east quarter of section twenty-six and the south half of the south-west quarter of section twenty-five, all in township thirty-two north, range seven west of the sixth principal meridian.

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In witness 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 twenty third (23d) day of October, in the year of our Lord one thousand eight hundred and ninety, and of the Independence of the United States the one hundred and fifteenth.

BENJ. HARRISON.

[SEAL.]

By the President:
     ALVEY A. ADEE,
          Acting Secretary of State.


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