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-FOURTH CONGRESS—FIRST SESSION, 1876.
CHAP. 51 | CHAP. 105 | CHAP. 168 | CHAP. 184 | CHAP. 259 | CHAP. 289 | CHAP. 308

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Chapter 168
Sections 2 | 3 | 4 | 5

Margin Notes
Chap. 168 Preamble.
    17 Stat., 85.
    Vol. 2, p. 800.
    18 Stat., 272; 1880, ch. 39; post, p. 177.
Chap. 168 Bona-fide settlers on Kansa Indian lands may make payment for their lands.
Chap. 168 When payable.
Chap. 168 Interest.
Chap. 168 Proviso, no waste on timber lands.
Chap. 168 Bond.
Sec. 2 Remainder of trustlands subject to entry by actual settlers.
Sec. 2 How payment to be made.
Sec. 2 Interest.
Sec. 2 Bond to be taken where land is timbered against committing waste.
Sec. 2 Patents to issue.
Sec. 2 Failure to make payment.
Sec. 2 Forfeiture.
Sec. 2 Land to be again subject to sale.
Sec. 3 Re-appraisement, when, etc.
Sec. 3 Expense of, deducted.
Sec. 4 Testimony on part of settlers and purchasers how taken and forwarded.
Sec. 5 Net proceeds, how owned and used.
Sec. 5 Improving homes in Indian Territory.
Sec. 5 Residue placed at interest.
Sec. 5 Proceedings under this act, when Kansa Indians assent.

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Chapter 168
    July 5, 1876. | 19 Stat., 74.
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An Act providing for the sale of the Kansas Indian lands in Kansas to actual settlers, and for the disposition of the proceeds of the sale.(a)

(a) Prior acts regulating the sale of these lands, apparently repealed and replaced by this act, are May 8, 1872 (17 Stat., 85), and June 23, 1874 (18 Stat., 272). By the act of June 5, 1872 (ante, p. 137), it was provided that the Kansa (or Kaw) Indians might purchase and settle upon a part of the Osage Reservation. The tribe is now located there. By the act of March 3, 1885 (23 Stat., 368), it was directed that the proceeds of the sales of their land under the act of July 5, 1876, should be applied to the payment of certificates of indebtedness incurred in the purchase of their new lands. This consumed those proceeds, and by the act of June 29, 1888 (post, p. 285), $65,000 additional was appropriated to liquidate their indebtedness, to be taken from the $200.000 trust fund provided by article 2 of the treaty of 1848.

Whereas, the Secretary of the Interior, in pursuance of an act approved May eighth, eighteen hundred and seventy-two, has caused to be appraised the lands heretofore owned by the Kansas tribe of Indians, in the State of Kansas, which by the terms of the treaty made by the United States and said Indians, and proclaimed November seventeenth, eighteen hundred and sixty, were to be sold for the benefit of said Indians; which appraisement also includes all improvements on the same, and the value of said improvements; distinguishing between improvements made by members of said Indian tribe, the United States, and white settlers; and

Whereas the appraisement thus made was so high that neither settlers nor purchasers were able to pay the same, and the said land has remained unsold from the passage of the act; Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That each bona fide settler on any of the trust lands embraced in said act, heretofore reported as such by the commissioners appointed to make said appraisement, and the rejected claimants as bona fide settlers, who were recommended as such by Andrew C. Williams, acting under instructions to Superintendent Hoag, from the Indian Office, dated October twenty-fourth, eighteen hundred and seventy-two, be permitted to make payment of the appraised value of their lands to the local land-office at Topeka, Kansas, under such rules as the Commissioner of the General Land Office may adopt, in six equal annual instalments; the first instalment payable on the first of January, eighteen hundred and seventy-seven, and the remaining instalments payable annually from that time, and drawing interest at six per centum per annum until paid: Provided, That where there is timber on any of the lands to be sold under the provisions of this act, the Secretary of the Interior shall require the purchaser to enter into bond, with approved security, that he shall commit no waste on the timber, or otherwise on said land until the last payment is made.

SEC. 2

That all the remainder of the trust-lands and of the undisposed portion of the diminished reserve shall be subject to entry at the local land office at Topeka, Kansas, in tracts not exceeding one hundred and sixty acres, unless a legal subdivision of a section shall be fractional and found to contain a greater number of acres, only by actual settlers, under such rules and regulations as the Commissioner of the General Land Office may prescribe. And the parties making such entries shall be required to make payment of the appraised value of the land entered and occupied by each, in the following manner: One sixth at the time that the entry is made, and the remainder in five equal annual payments, drawing interest at six per centum per annum, and the Secretary of the Interior shall withhold title until the last payment is made; and the Secretary of the Interior, where there is timber on the lands, shall, in addition, compel the purchaser to enter into bond, with approved security, to commit no waste by the destruction of timber or otherwise, on the premises, until final payment has

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been made; and the Secretary of the Interior shall cause patents in fee-simple to be issued to all parties who shall complete purchases under the provisions of this act: Provided, That if any person or persons applying to purchase land under the provisions of this act shall fail to make payment or to perform any other conditions required by the provisions of this act, or by rules and regulations that may be prescribed in the execution hereof, within ninety days after such payment shall become due, or performance be required by the terms hereof, or by the rules and regulations which may be prescribed in the execution hereof, such person or persons shall forfeit all rights under the provisions of this act, and all claim or right to reimbursement or compensation for previous action or payment by said person or persons under the provisions hereof; and the land proposed to be purchased by such person or persons shall again be subject to sale as though no action had been had in regard to the same.

SEC. 3

That the Secretary of the Interior shall inquire into the correctness of the appraisement of these lands; and if he be satisfied that they have been appraised at more than their present cash value, he may appoint a new commission of three persons to re-appraise the same; the per diem and expenses of which, at the rates heretofore paid to such commissioners, shall be deducted from the proceeds of said lands.

SEC. 4

That in preparing or giving their testimony, all settlers or purchasers of land under the provisions of this act may have such testimony taken, after due and legal notice to the opposing party in interest, before any notary public or other person qualified to administer an oath, and may forward such testimony with their application to the land offices or parties authorized to dispose of said lands, which testimony shall be received as if taken before the officers of such land office.

SEC. 5

That the net proceeds arising from such sales, after defraying the expenses of appraisement and sale, which have heretofore or may hereafter be incurred, and also the outstanding indebtedness, principal and interest, of said Kansas tribe of Indians, which has here-tofore been incurred under treaty stipulations, shall belong to said tribe in common, and may be used by the Commissioner of Indian Affairs, under direction of the President of the United States, in providing and improving for them new homes in the Indian Territory, and in subsisting them until they become self-sustaining; and the residue, not so required, shall be placed to their credit on the books of the Treasury, and bear interest at the rate of five per centum per annum, and be held as a fund for their civilization, the interest of which, and the principal, when deemed necessary by the President of the United States, may be used for such purpose: Provided, That no proceedings shall be taken under this act until the said Kansas Indians shall file their assent thereto with the Secretary of the Interior.

Approved, July 5, 1876.


NOTE.—On the 31st of May, 1877, the Kansa Indians agreed in council to the stipulations of this act upon condition that the three appraisers to be appointed should be nominated respectively by the Commissioner of Indian Affairs, the Superintendent of the Central Superintendency and the agent for the Osage. (See Osage, C, 667, 1877.) This condition was acquiesced in by the Secretary of the Interior, September 5, 1877 (Osage I, 613), and the appraisers were accordingly appointed, and appraisal reported June 15, 1878. (See annual report for 1879, p. 182.)


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