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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ACTS OF FORTY-SECOND CONGRESS—FIRST SESSION, 1872.
CHAP. 157 | CHAP. 233 | CHAP. 262 | CHAP. 308 | CHAP. 309 | CHAP. 310 | CHAP. 436

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Chapter 309
Sections 2

Margin Notes
Chap. 309 Preamble. Quapaw.
   Vol. 2, p. 961.
Chap. 309 Amendment of treaty declared to apply to what lands of the Quapaw Indians.
Sec. 2 Certain land in Kansas ceded to the United States by the Quapaw Indians open to entry and pre-emption.
Sec. 2 One-half section to Samuel G. Vallier.
Sec. 2 Tracts, part on the Quapaw strip and part on the government strip.

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Chapter 309
    June 5, 1872. | 17 Stat., 228.
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An act to carry into effect the fourth article of the treaty of February twenty-three, eighteen hundred and sixty-seven, with the Seneca, Shawnee, Quapaw, and other Indians.a

aThe Quapaw are now collected upon the Quapaw Reservation, in the Quapaw Agency, Indian Territory.

By the act of May 3, 1892 (27 Stat., 24), criminal jurisdiction over the Quapaw Agency was given the courts of the third division of the Kansas judicial district.

The act of March 2, 1895, post, p. 566, confirms allotments made under an act of the Quapaw national council, and provides for further allotments.

Deeds of real estate within the Quapaw Agency are required to be recorded at Miami by the act of June 10, 1896, post, p. 597, which also extends over lands within that agency the real-estate law of Arkansas.

Chattel mortgages are required to be recorded at Miami by the act of March 1, 1899 (30 Stat., 932), replaced by a similar provision in May 31, 1900, post, p. 700.

Leases of land were provided for by the act of June 10, 1896 (29 Stat., 330), repealed and replaced by June 7, 1897, post, p. 619.

By the act of March 3, 1901, post, p. 742, an act of the Quapaw council, setting apart certain land for school and other purposes, was confirmed with qualifications.

Whereas, by the fourth article of the treaty of February twenty-third, eighteen hundred and sixty-seven, with the Shawnee, Quapaw, and other Indians, the strip of lands belong to said Quapaws lying within the State of Kansas was sold to the United States, and intended, by the amendment to said article, to be sold to actual settlers, under the pre-emption laws of the United States; but whereas, by the manner

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of insertion of said amendment, the said lands are left without any provisions for their disposal: Therefore, for the purpose of carrying out the intention of the treaty and of its amendments,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the said amendment shall not be construed as authorizing or providing for the disposal of the lands of the said Quapaw Indians, which, by the fourth article of the said treaty of February twenty-third, eighteen hundred and sixty-seven, were sold to the United States at one dollar and fifteen cents an acre, and lying and being within the boundary of the Indian Territory, but said amendment shall refer to, and be construed to authorize and direct, the disposal of the strip of land theretofore belonging to said Indians, lying and being within the State of Kansas, and which, by the aforesaid article of said treaty, were [was] sold to the United States for one dollar and twenty-five cents an acre.

SEC. 2

That the said strip of land within the State of Kansas, so ceded to the United States by the said Quapaw band of Indians, be, and the same is hereby, declared open to entry and pre-emption, under the pre-emption laws of the United States, at the price of one dollar and twenty-five cents an acre, excepting therefrom one half-section, to be patented to Samuel G. Vallier, including his improvements, as provided in the fourth article of said treaty; and all such pre-emptions shall be paid for in the lawful money of the United States, at the proper land-office of the United States, within one year from the date of settlement, or where settlement was made before the passage of this act, then within one year from the passage of the same: Provided, That in case any settler has entered upon and improved a single tract, not exceeding one hundred and sixty-acres, a part of which is embraced in said Quapaw strip, and a part on the government strip, so called, his entry of the part on the government strip, under the pre-emption laws, shall not prevent the entry of the remainder of his tract upon said Quapaw lands, in the State of Kansas, under this act.


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