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Restoration to market of Ottawa and Chippewa lands in Michigan.
July 5th, 1872.
GENTLEMEN :-Annexed is a copy of the Act of Congress approved June 10, 1872, entitled "An Act for the restoration to market of certain lands in Michigan," referring to the lands embraced within the limits of the reservation for the Ottawa and Chippewa Indians of Michigan, and remaining undisposed of under the Treaty of July 31, 1855. (Statutes, vol. 11, page 621. Part II., No. 80.)
Your attention is particularly called to the second and third sections of said Act, as requiring action on your part. The second section provides that the unoccupied lands within the limits referred to shall be open to homestead entry for six months from the date of the Act, to a class of Indians therein defined. Under this provision, you will require any party wishing to enter, to produce within six months from the date of the Act, the official certificate of the proper Indian Agent, setting forth that he is an Indian of one of the tribes named, that he is of full age, and that he has not made any selection or purchase under the provisions of said Treaty. On such certificate being produced, together with the affidavit of the applicant to the same facts, as also that the tract desired is not occupied by any other party whose settlement thereon existed prior to the first day of January, 1872, you will examine your files and records, and if no objection appears, allow the entry to be effected as provided in the Act, see that it is made to appear on your records, as usual, and forward the agent's certificate and the affidavit of the applicant, with the usual entry papers, on which you will refer by its date to the Act, to this office, for examination in connection with our files and records, and for further proceedings according to law. The third section provides that bonâ fide settlers on any of the lands, who settled prior to the first day of January, 1872, and have continued their residence, shall be entitled to enter the same, either under the homestead law, or by cash entry, to the maximum quantity of one hundred and sixty acres each, if held at the ordinary minimum price of $1.25 per acre, or eighty acres, if held at the double minimum price of $2.50 per acre, on their making satisfactory proof of such settlement and continued residence within the six months specified in the act. This proof may consist of the affidavit of the party applying to enter, corroborated by the affidavits of two disinterested witnesses, and on the production thereof, within the time indicated, you will allow the entries, and forward the proof to this office, with your returns for the entries allowed, referring on the latter to the Act by its date.
You will observe that prompt action is necessary in all cases which may come before you under the provisions of said Act.
Immediately after the expiration of the six months, the lands remaining undisposed of will be restored to market by the Secretary of the Interior, in the manner prescribed by the Act, in its fifth section. Very respectfully, your obedient servant,
REGISTER AND RECEIVER.
WILLIS DRUMMOND, Commissioner.
Approved and prescribed: C. DELANO, Secretary Interior.
INDIAN LANDS IN MICHIGAN, ACT MARCH 3, 1875.
March 18, 1875. GENTLEMEN:-I have to call your attention to the act of Congress approved March 3, 1875, a copy of which is annexed, entitled "An Act to amend the act entitled An Act for the restoration to homestead entry and to market of certain lands in Michigan,' approved June tenth, eighteen hundred and seventy-two, and for other purposes." (Part II., No. 143.)
This act consists of three sections, the first and the third of which refer to the lands which were reserved for the benefit of the Ottawa and Chippewa Indians of Michigan, under the treaty of July 31, 1855, (Statutes, vol. 11, page 621,) and which remain undisposed of, and the second of which refers to certain tracts on which, it appears, although they were not included in the reservation under said treaty, Indians have settled and made improvements, the same lying in Section 10, Township 47 N., of Range 2 E., and Section 24, Township 47 N., of Range 3 W., in Michigan. In carrying into effect the provisions of this act you will be guided by the following, viz:
1. The first section provides for the issue of patents to "three hundred and twenty members of the Ottawa and Chippewa Indians of Michigan, for the selections found to have been made by them, but which were not, prior to the passage of said act" of June 10, 1872, "regularly reported and recognized by the Secretary of the Interior and Commissioner of Indian Affairs." Some of the tracts covered by these selections lie within the Marquette land district, others within the Traverse City and Ionia districts. Lists will be sent herewith to the proper district land-offices, showing the selections within the respective districts. As soon as received, the Registers and Receivers will enter the selections on their records, in order that they may be respected in the proceedings to be had for disposing of the lands embraced in the reservation. The first section provides further, that "the remainder of said lands not disposed of, and not valuable mainly for pine timber; shall be subject to entry, under the homestead laws, for one year from the passage of the act," and that "the lands remaining thereafter undisposed of shall be offered for sale at a price not less than two dollars and fifty cents per acre." On a party applying to you for the benefit of this section at any time before the expiration of one year from the passage of the act, you will require him to submit his affidavit stating that he has made personal inspection of each smallest legal subdivision of the tract proposed to be entered, and that he knows, from such inspection, with regard to each smallest legal subdivision thereof, that it is not valuable mainly for pine timber, but that it is more valuable for agricultural purposes than for such timber, this to be corroborated by similar affidavits by two or more disinterested witnesses. If the application be made within ninety days from the passage of the act, the affidavits must also set forth that the tract desired is not in the occupancy of any settler entitled thereto under the third section of the act, hereinafter adverted to. Should the proof be found satisfactory, you will indorse on it your decision to that effect, and, if no legal objection appear, permit the party to enter such land in quantity not to exceed 160 acres, or one quarter section, if minimum
land, or 80 acres, or a half-quarter section, if double-minimum land; it being understood, however, that a soldier or sailor entitled under the act of June 8, 1872, may enter to the extent of 160 acres, or one-quarter section, of either class; you will then properly note the same on your records, and make the usual returns therefor to this Office, forwarding the proof with your returns. At the expiration of one year from the passage of the act, you will allow no more entries to be made thereunder, but will report to this Office a descriptive list of all tracts in the reservation which may then be undisposed of, that proper steps may be taken to have them offered for sale as the act provides.
2. In the third section, it is provided that "all actual, permanent, bona-fide settlers on any of the lands" embraced in the reservation "shall be entitled to enter not exceeding one hundred and sixty acres of land, either under the homestead laws, or to pay the minimum price of land, on making proof of his or her settlement and continued residence, before the expiration of ninety days from the passage of the act, provided that such settlers do not claim any of the lands heretofore patented to Indians or in conflict with the selections found to have been made by the Indians referred to in the first section of this act, and shall have settled upon said lands prior to the first day of January, 1874." On a party applying for the benefit of this section at any time within ninety days from the passage of the act, you will require him to make proof of his actual, permanent, bona-fide settlement on the land applied for, and that he settled thereon prior to the first day of January, 1874; such proof to consist of the affidavit of the applicant, corroborated by the affidavits of two or more disinterested witnesses. Should the proof be found satisfactory, you will indorse on it your decision to that effect, and if no legal objection appear, permit him to enter the land, in quantity not exceeding one hundred and sixty acres, under the homestead laws, or to purchase and pay for the same at the minimum price of $1.25 per acre, properly note the transaction on your records, and make the usual returns thereof to this Office, forwarding with such returns the proof submitted by the party. No entries under this section are to be allowed after the expiration of ninety days from the passage of the act.
3. The second section of the act refers to certain tracts not included in the reservation as provided for in said Treaty, but on which settlement and improvements have been made by Indians, being in Section 10, Township 47 N., of Range 2 E., and Section 24, Township 47 N., of Range 3 W.; and it provides that "all Indians" who have made such settlement and improvements "shall be permitted to enter, not exceeding eighty acres each, at the minimum price of land, upon making proof of such settlement and improvement before the Register of the land office at Marquette, Michigan, and that when said entries shall have been completed in accordance herewith, the remaining lands embraced within the limits of said sections shall be restored to market." The vacant tracts embraced in said sections ten and twenty-four are to be treated as reserved from any other disposal than that for which the act provides. On any Indian applying to the district land office, at Marquette, for the benefit of this section of the act, he must make proof, to consist of his own affidavit, corroborated by the affidavits of two or more disinterested witnesses, setting forth his character as an Indian, that he is settled, with improvements, on the tract desired, and that his settlement and improvements were made prior to the passage
of the act, on which proof, if found to be satisfactory, the Register will indorse his decision to that effect. Thereupon, if no legal objection appear, such Indian will be permitted to enter the tract so settled on and improved by him, not to exceed eighty acres in quantity, at the minimum price of one dollar and twenty-five cents per acre, the entry to be properly noted on the records of the district land-office, and the usual returns thereof forwarded to this Office, together with the proof submitted. At the expiration of one year from the passage of the act, which will afford ample time for the beneficiaries to avail themselves thereof, the Register and Receiver will report any tracts which may then be vacant in said sections ten and twenty-four, for restoration to market, as the act provides.
Please acknowledge the receipt thereof.
Very respectfully, your obedient servant,
S. S. BURDETT, Commissioner.
REGISTER AND RECEIVER.
DEPARTMENT OF THE INTERIOR,
GENERAL LAND-OFFICE, Washington, D. C., April 21, 1871.
TO REGISTERS AND RECEIVERS OF U. S. LAND OFFICES.
GENTLEMEN:-Herewith find copy of order of Departinent, dated 20th inst., suspending action on all applications of Chippewa mixed-bloods to enter lands under 7th article treaty September 30, 1854, 10th article treaty October 2, 1863, and 7th article treaty April 12, 1864, and you will govern yourselves accordingly.
WILLIS DRUMMOND, Commissioner.
DEPARTMENT OF THE INTERIOR,
SIR: I have to request that, until further advised, you will suspend all Chippewa scrip locations or personal applications not yet patented, made by any Chippewa mixed-bloods under the 7th article of the treaty of September 30, 1854, with the Chippewas; the 8th article of treaty of October 2, 1863, or the 7th article supplemental treaty of April 12. 1864, with the Chippewas of Pembina and Red Lake.
You will also direct the proper district land-officers to reject, until further orders, all applications to enter lands under the above articles of said treaties.
Locations made prior to the receipt of this order by them, may be reported to your office, the same, however, to be suspended when they shall be received by you.
I am, sir, very respectfully,
C. DELANO, Secretary.
TO HON. WILLIS DRUMMOND, Commissioner General Land-Office.
IV. KANSAS TRUST AND DIMINISHED RESERVE LAN DS.
Act of June 23, 1874. (Part II, No. 125.)
August 15, 1874.
REGISTER AND RECEIVER, Topeka, Kansas. GENTLEMEN: Annexed is a copy of an act of Congress entitled "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," approved June 23, 1874, to the provisions of which I have to call your attention, and to present the following for your guidance in carrying them into effect, viz.:
I. The lands to be disposed of under said act are in two divisions: first, what are known as the "Kansas Trust Lands," in townships 14, 15, and 16 south, of ranges 8, 9, 10, and 11 east, and townships 17 and 18 south, of ranges 10 and 11 east; second, what are known as the "Kansas Diminished Reserve," in townships 16, 17, and 18 south, of ranges 8, 9 and 10 east, descriptive lists of the same being inclosed herewith. (Nos. 1 and 2.)
II. The special beneficiaries under said act are of two classes; first, bona-fide actual settlers on the "Trust Lands" embraced in the act of May 8, 1872, who have been identified as such by the Office of Indian Affairs, and the names of whom, with the tracts awarded to them respectively, are given on lists inclosed herewith; (Nos. 3 and 4;) second, actual settlers on such of the "Trust Lands" as are not taken up by the class of settlers just mentioned, and on that portion of the "Diminished Reserve" not already disposed of.
III. On application by a party of the first class mentioned, for the benefits of said act, you will proceed as follows: By reference to lists Nos. 3 and 4, ascertain the tract awarded to the party, as indicated thereon; the register will then require him to make application for the entry of such tract, in writing, according to the form usual in cash entries, which he will number in a series beginning with No. 1, indorse as "Application for Kansas Trust Lands, Act June 23, 1874," and retain on a special file to be kept in his office; at the same time he will require the party to enter into bond, with security to be approved by the United States attorney for the district, that he shall commit no waste on the timber or otherwise on said land until the last payment shall be made, as contemplated in said act, except in cases in which the party may submit proof, to consist of his own affidavit, corroborated by two witnesses, that they have examined the land and that there is no timber on it. In such cases, if the proof is satisfactory, you will indorse on it your decision to that effect, and the bond will not be required, but the proof shall be filed in lieu thereof. The receiver will then permit the party to pay, as the first installment provided for in the act, one-sixth of the appraised value of the land, as shown in lists Nos. 3 and 4, and give his notes for the remaining five installments, payable annually to the United States, the first to become due in one year, the second in two years, the third in three years, the fourth in four years, and the fifth in five years from the date of entry, with