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.

Page Images


Margin Notes
Preamble.
Ante, p. 33.
Religious, etc., organizations.
Disposal of lands.
    Ante, p. 480.
Allotments.
    Ante, p. 480.
Highways.
    26 Stat., 92.
Adjoining entries.
    Ante, p. 510.
School lands, etc.
    28 Stat., 899.
Lands ceded by Kickapoo Indians, Oklahoma, open to settlement May 23, 1895.
Schedule.
Entry on lands before day of opening, prohibited.
Land districts designated.

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BY THE PRESIDENT OF THE UNITED STATES OF AMERICA:

A PROCLAMATION.
May 18, 1895. | 29 Stat., 868.

Whereas, by a written agreement, made on the ninth day of September, eighteen hundred and ninety-one, the Kickapoo Nation of Indians, in the Territory of Oklahoma, ceded, conveyed, transferred, and relinquished, forever and absolutely, without any reservation whatever, all their claim, title, and interest of every kind and character in and to the lands particularly described in Article I of the agreement, Provided, that in said tract of country there shall be allotted to each and every member, native and adopted, of said Kickapoo tribe of Indians, 80 acres of land, in the manner and under the conditions stated in said agreement; and that when the allotments of lands shall have been made and approved by the Secretary of the Interior the title thereto shall be held in trust for the allottees respectively for the period of twenty-five years in the manner and to the extent provided for in the act of Congress approved February eighth, eighteen hundred and eighty-seven (24 Stats., 388); and

Whereas, it is further stipulated and agreed by Article 6 of the agreement that wherever, in this reservation, any religious society or other organization is now occupying any portion of said reservation for religious or educational work among the Indians the land so occupied may be allotted and confirmed to such society or organization, not, however, to exceed one hundred and sixty acres of land to any one society or organization, so long as the same shall be so occupied and used, and such land shall not be subject to homestead entry; and

Whereas, it is provided in the act of Congress accepting, ratifying, and confirming the said agreement with the Kickapoo Indians, approved March third, eighteen hundred and ninety-three (27 Stats., pp. 557 to 563) section three:

That whenever any of the lands, acquired by this agreement shall, by operation of law or proclamation of the President of the United States, be open to settlement or entry, they shall be disposed of (except sections sixteen and thirty-six in each township thereof) to actual settlers only, under the provisions of the homestead and townsite laws (except section twenty-three hundred and one of the Revised Statutes of the United States, which shall not apply): Provided, however, That each settler on said lands shall, before making a final proof and receiving a certificate of entry, pay to the United States for the land so taken by him, in addition to the fees provided by law, and within five years from the date of the first original entry, the sum of one dollar and fifty cents an acre, one-half of which shall be paid within two years; but the rights of honorably discharged Union soldiers and sailors, as defined and described in sections twenty-three hundred and four and twenty-three hundred and five of the Revised Statutes of the United States shall not be abridged, except as to the sum to be paid as aforesaid. Until said lands are opened to settlement by proclamation of the President of the United States, no person shall be permitted to enter upon or occupy any of said lands; and any person violating this provision shall never be permitted to make entry of any of said lands or acquire any title thereto: Provided, That any person having attempted to, but for any cause failed to acquire a title in fee under existing law, or who made entry under what is known as the commuted provision of the homestead law, shall be qualified to make homestead entry upon said lands;

And
Whereas, allotments of land in severalty to said Kickapoo Indians have been made and approved in accordance with law and the provisions of the before-mentioned agreement with them; and

Whereas, it is provided by the act of Congress for the temporary government of Oklahoma, approved May second, eighteen hundred and ninety, section twenty-three (26 Stats., 92), that there shall be reserved public highways four rods wide between each section of land in said Territory, the section lines being the center of said highways; but no deduction shall be made where cash payments are provided for

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in the amount to be paid for each quarter section of land by reason of such reservation; and

Whereas, it is provided in the act of Congress approved February tenth, eighteen hundred and ninety-four, (28 Stats, p. 37):

That every homestead settler on the public lands on the left bank of the Deep Fork River in the former Iowa Reservation, in the Territory of Oklahoma, who entered less than one hundred and sixty acres of land, may enter, under the homestead laws, other lands adjoining the land embraced in his original entry when such additional lands become subject to entry, which additional entry shall not, with the lands originally entered, exceed in the aggregate, one hundred and sixty acres: Provided, That where such adjoining entry is made residence shall not be required upon the lands so entered, but the residence and cultivation by the settler upon and of the land embraced in his original entry shall be considered residence and cultivation for the same length of time upon the land embraced in his additional entry; but such lands so entered shall be paid for, conformable to the terms of the Act acquiring the same and opening it to homestead entry;

and
Whereas, it is further provided in the act of Congress approved March 2, 1895, (28 Stats. p. 899).

That any State or Territory entitled to indemnity school lands or entitled to select lands for educational purposes under existing law may select such lands within the boundaries of any Indian reservation in such State or Territory from the surplus lands thereof, purchased by the United States after allotments have been made to the Indians of such reservation, and prior to the opening of such reservation to settlement.

And:
Whereas, all the terms, conditions, and considerations required by said agreement made with said tribes of Indians and by the laws relating thereto, precedent to opening said lands to settlement, have been, as I hereby declare, complied with:

Now, therefore, I, Grover Cleveland, President of the United States, by virtue of the power in me vested by the Statutes hereinbefore mentioned, and by other the laws of the United States, and by the said agreement, do hereby declare and make known that all of said lands hereinbefore described, acquired from the Kickapoo Indians by the agreement aforesaid, will, at and after the hour of twelve o’clock, noon (central standard time), Thursday, the twenty-third day of the month of May, A. D., eighteen hundred and ninety-five, and not before, be open to settlement under the terms of and subject to all the conditions, limitations, reservations, and restrictions contained in the said agreement, the statutes above specified, and the laws of the United States applicable thereto, saving and excepting such tracts as have been allotted, reserved or selected under the laws herein referred to, and such tracts as may be properly selected by the Territory of Oklahoma under and in accordance with the provisions of the act of March second eighteen hundred and ninety-five, hereinbefore quoted, prior to the time herein fixed for the opening of said lands to settlement.

The lands to be so opened to settlement are for greater convenience particularly described in the accompanying schedule, entitled “Schedule of lands within the Kickapoo Reservation, Oklahoma Territory, to be opened to settlement by proclamation of the President,” but notice is hereby given that should any of the lands described in the accompanying schedule be properly selected by the Territory of Oklahoma under and in accordance with the provisions of said act of Congress approved March second, eighteen hundred and ninety-five, prior to the time herein fixed for the opening of said lands to settlement such tracts will not be subject to settlement or entry.

Notice, moreover, is hereby given that it is by law enacted that until said lands are opened to settlement by proclamation, no person shall be permitted to enter upon or occupy the same; and any person violating this provision shall never be permitted to make entry of any of said lands or acquire any title thereto. The officers of the United States will be required to enforce this provision.

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And further notice is hereby given that all of said lands lying north of the township line between townships thirteen and fourteen north, are now attached to the Eastern Land District, the office of which is at Guthrie, Oklahoma Territory; and all of said lands lying south of the township line between townships thirteen and fourteen north are now attached to the Oklahoma land district, the office of which is at Oklahoma, Oklahoma Territory.

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 18th day of May, in the year of our Lord, one thousand eight hundred and ninety-five, and of the Independence of the United States the one hundred and nineteenth.

GROVER CLEVELAND

[SEAL.]

By the President:
     EDWIN F. UHL
          Acting Secretary of State.


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