Page:United States Statutes at Large Volume 13.djvu/652

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624 TREATY WITH THE KICKAPOO INDIANS. J UNE 28, 1862. assigned in severalty, specifying the names of the individuals to whom they have been assigned respectively, and that said tracts are set apart for the perpetual and exclusive use and benefit of such assignees and their 6xE;l“‘:sf:’)$° heirs. Until otherwise provided by law, such tracts shall be exempt from

,,x,,,£,,,, &,,_ levy, taxation, or sale, and shall be alienable in fee, or leased, or otherwise

disposed of only to the United States, or to persons then being members of the Kickapoo tribe, and of Indian blood, with the permission of the President, and under such rules and regulations as the Secretary of the ?9¤<>¤sr9- Interior shall provide, except as may be hereinafter provided. And on

l;"§, 2f53E' receipt of such certificates, the person[s] to whom they are issued shall be

quish, &e. deemed to have relinquished all right to any portion of the lands assigned to others in severalty, or to a portion of the tribe in common, and to the proceeds of sale of the same whensoever made. _Patents in fee Amrcrm III. At any time hereafter, when the President of the United fsgggliygigtfges States shall have become satisfied that any adults, being males and heads ` of families, who may be allottees under the provision of the foregoing article, are sufficiently intelligent and prudent to control their affairs and interests, he may, at the requests of such persons, cause the land severally held by them to be conveyed to them by patent in fee-simple, with power of alienation; and may, at the same time, cause to be paid to 0f'£;*g;'£g*;l‘%; them, in cash, or in the bonds of the United States, their proportion of the paid thm_ cash value of the credits of the tribe, principal and interest, then held in trust by the United States, and also, as the same may be received, their S°° p8g° m' proportion of the proceeds of the sale of lands under the provisions of this treaty. And on such patents being issued, and such payments ordered to be made by the President, such competent persons shall cease to _Th€Y*°b¤°°!¤° be members of said tribe, and shall become citizens of the United States; 3g;;!;;;,?;; and thereafter the lands so patented to them shall be subject to levy, taxation, and sale, in like manner with the property of other citizens: Provided, That, before making any such application to the President, they shall appear in open court, in the district court of the United States for the district of Kansas, and make the same proof and take the same oath Oath of alle- of allegiance as is provided by law for the naturalization of aliens; and gmm md PM shall also make proof, to the satisfaction of said court, that they are sutliciently intelligent and prudent to control their aifairs and interests; that they have adopted the habits of civilized life, and have been able to sup- _ _ port, for at least five years, themselves and families. m;;°‘;2:"i)g’_; Aurrcnn IV. To those members of said tribe who desire to hold their who wish to hom lands in common, there shall be set apart from the present reservation of their lands in the tribe an undivided quantity, sufficient to allow one half section to each °°'“m°“‘ chief, one quarter section to each other head of a family, and forty acres to each other person; and said land shall be held by that portion of the tribe for whom it is set apart by the same tenure as the whole reserve has been held by all of said tribe under the treaty of 1854. And upon _ E¤'¤¤t ¤f¤¤- such land being assigned in common, the persons to whom it is assigned zgnfgggf m shall be held to have relinquished all title to lands assigned in severalty, and in the proceeds of sales thereof whenever made; or should a majority of the adult males of said class decide to remove to the Indian country south of Kansas, then, and in that case, their new home shall not be limited to the quantity above designated, but shall be as large as can be purchased with the proceeds of the sale of the tract to which they would have been entitled had they determined to remain upon the present reservation, computing the same at the rate of at least one dollar and twenty-five b€I`;;‘;c,l:;’;g *° cents per acre: Provided, That the purchase of such new home shall be gw ’ made by the Commissioner of Indian Affairs, under the direction of the Secretary of the Interior, and at such locality within said Indian country as he may select: And provided, also, That such new home shall be pur- See page 21. chased and the Indians entitled removed thereto, at the cost of the United States, within the period of two years after the completion of the surveys