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 FIFTIETH CONGRESS—FIRST SESSION, 1888.
CHAP. 13 | CHAP. 192 | CHAP. 213 | CHAP. 248 | CHAP. 255 | CHAP. 310 | CHAP. 336 | CHAP. 337 | CHAP. 344 | CHAP. 345 | CHAP. 390 | CHAP. 494 | CHAP. 503 | CHAP. 519 | CHAP. 716 | CHAP. 717 | CHAP. 718 | CHAP. 936 | CHAP. 1186 | CHAP. 1211

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Chapter 1211

Margin Notes
Chap. 1211 Cherokee freedmen. Preamble.
    See note to act May 11, 1872, ante, p. 131.
    1883, c. 143, 22 Stat., 624.
Chap. 1211 Appropriation for freedmen and others in Cherokee Nation.
Chap. 1211 Distribution.
Chap. 1211 Freedmen, etc.
Chap. 1211 Delawares.
Chap. 1211 Shawnee.

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Chapter 1211
    Oct. 19, 1888. | 25 Stat., 608.
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An act to secure to the Cherokee freedmen and others their proportion of certain proceeds of lands, under the act of March third, eighteen hundred and eighty-three.

Whereas it is provided in the ninth article of the treaty of July nineteenth, eighteen hundred and sixty-six, between the United States and the Cherokee Nation of Indians, that freedmen who have been liberated by voluntary act of their former owners, or by law, as well as all free colored persons who were in the (Cherokee) country at the commencement of the rebellion, and were then residents therein, or who might return within six months, and their descendants, shall have all the rights of native Cherokees; and,

Whereas by the fifteenth article of the aforesaid treaty certain terms were provided under which friendly Indians might be settled upon unoccupied lands in the Cherokee country east of the ninety-sixth degree of west longitude; and the Indians thus settled were, upon full compliance with the provisions of said article, to be incorporated into and ever after remain a part of the Cherokee Nation, on equal terms in every respect with native citizens; and,

Whereas under the provisions of the aforesaid fifteenth article an agreement was entered into between the Cherokee Nation and the Delaware tribe of Indians, on the eighth day of April, eighteen hundred and sixty-seven, which agreement was approved, respectively, by the Secretary of the Interior and the President of the United States on the eleventh day of April, eighteen hundred and sixty-seven, and by the terms of which the Delaware Indians “became members of the Cherokee Nation, with the same rights and immunities and the

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same participation (and no other) in the national funds as native Cherokees;” and

Whereas under the provisions of the aforesaid fifteenth article an agreement was entered into between the Cherokee Nation and the Shawnee tribe of Indians, on the seventh day of June, eighteen hundred and sixty-nine, and approved by the Secretary of the Interior and the President of the United States, respectively, on the ninth day of June, eighteen hundred and sixty-nine, by the terms of which the Shawnee Indians were incorporated into and became a part of the Cherokee Nation on equal terms in every respect, and with all the privileges and immunities of native citizens of the Cherokee Nation; and

Whereas it is provided by the sixth article of the aforesaid treaty that all laws of the Cherokee Nation shall be uniform throughout said nation; and

Whereas by an item in the act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and eighty-four, and for other purposes, approved March third, eighteen hundred and eighty-three, the sum of three hundred thousand dollars was “appropriated, to be paid into the treasury of the Cherokee Nation, out of the funds due under appraisement for Cherokee lands west of the Arkansas River, which sum shall be expended as the acts of the Cherokee legislature direct;” and

Whereas by an act of the Cherokee legislature, which was passed over the veto of the principal chief and became a law on the nineteenth day of May, eighteen hundred and eighty-three, the principal chief was directed to cause the said sum of three hundred thousand dollars to be paid out per capita to the citizens of the Cherokee Nation by blood and which sum has been paid out only to Cherokee citizens by blood, as directed by said act; and

Whereas by the said act of the Cherokee legislature the aforesaid freedmen, Delaware and Shawnee Indians have been deprived of their legal and just dues guaranteed them by treaty stipulations: Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there be, and hereby is, appropriated, out of any money in the Treasury not otherwise appropriated, the sum of seventy-five thousand dollars, or so much thereof as may be necessary, to carry out the provisions of this act; and the amount actually expended shall be charged against the Cherokee Nation, on account of its lands west of the Arkansas River, and shall be a lien on said lands, and which shall be deducted from any payment hereafter made on account of said lands. The said sum, or so much thereof as may be necessary, shall be by the Secretary of the Interior distributed per capita, first, among such freedmen and their descendants as are mentioned in the ninth article of the treaty of July nineteenth, eighteen hundred and sixty-six, between the United States and the Cherokee Nation of Indians; second, among the Delaware tribe of Indians incorporated into the Cherokee Nation by the terms of a certain agreement entered into between said Cherokee Nation and Delaware Indians, under the provisions of the fifteenth article of the aforesaid treaty, on the eighth day of April, eighteen hundred and sixty-seven, and approved, respectively, by the President of the United States and the Secretary of the Interior on the eleventh day of April, eighteen hundred and sixty-seven; and, third, among the Shawnee tribe of Indians incorporated into the Cherokee Nation by the terms of a certain agreement entered into between the said Cherokee Nation and Shawnee Indians, under the provisions of the aforesaid article and treaty, on the seventh day of June, eighteen hundred and sixty-nine, and approved, respectively, by the President of the United States and the Secretary of the Interior on the ninth

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day of June, eighteen hundred and sixty-nine, in such manner and in such amount or amounts as will equalize the per capita payment made to Cherokees by blood in accordance with the act of the Cherokee legislature aforesaid, out of the sum of three hundred thousand dollars appropriated by the act of March third, eighteen hundred and eighty-three, aforesaid.

Approved, October 19, 1888.


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