To be free sacre of said Indians. The land so set apart shall not be subject to any tax, forfeiture, or sale, by process of law, and shall not be aliened or de- from taxes, &c. vised, except by the consent of the President of the United States, but shall be an inheritance to said Indians and their heirs forever. (a) No. 1868.-AN ACT for the removal of the Winnebago Indians, and for the sale of their reservation in Minnesota for their benefit. Feb. 21, 1863. of land for the Be it enacted, &c., That the President of the United States is authorized to assign to and set (apart for the Winnebago Indians a tract of set apart a tract unoccupied land beyond the limits of any State, in extent at least equal Winnebago Into their diminished reservation, the same to be well adapted for agri- dians. cultural purposes. And it shall be lawful for the President to take such steps as he may deem proper to effect the peaceful and quiet removal of the said Indians from the State of Minnesota, and to settle them upon them from Minthe lands which may be assigned to them under the provisions of this nesota. act. (a) And remove SEC. 2. And be it further enacted, That, upon the removal of the said Subdivisions of Indians from the reservation where they now reside, it shall be the duty present reservation to be apof the Secretary of the Interior to cause each legal subdivision of the praised. said lands to be appraised by discreet persons to be appointed by him for that purpose. And in each instance where there are improvements upon any legal subdivision of said lands, the improvements shall be separately appraised. But no portion of the said lands shall be subject to preemption, settlement, entry, or location under any act of Congress, subject to preunless the party preempting, settling upon, or locating any portion of emption. said lands shall pay therefor the full appraised value thereof, including the value of the said improvements, under such regulations as herein after provided. When to be pre-emption, &c. Who may pre What is not be sold. SEC. 3. And be it further enacted, That after the appraisal of the said After appraisal reservation the same shall be opened to preemption, entry, and settle- to be opened to ment, in the same manner as other public lands: Provided, That before any person shall be entitled to enter any portion of the said lands, by preëmption or otherwise, previous to their exposure to sale to the highest bidder, at public outcry, he shall become an actual bonâ-fide settler empt. thereon, and shall conform to all the regulations now provided by law in cases of pre-emption, and shall pay, within the term of one year from the date of his settlement, the full appraised value of the land, and the improvements thereon, to the land officers of the district where the said lands are situated. And the portion of the said reservation which may not be settled upon, as aforesaid, may be sold at public auc- pre-empted may tion, as other public lands are sold, after which they shall be subject to sale at private entry, as other public lands of the United States, but no portion thereof shall be sold for a sum less than their appraised value before the first of January, anno Domini eighteen hundred and sixty-five, nor for a less price than one dollar and twenty-five cents per acre, un- Minimum price. less otherwise provided by law: Provided, That where improvements Improvements. have been made upon said lands by persons authorized by law to trade with said Indians, the value of such improvements, or the price for which the same may be sold, shall be paid to the parties making the same; and in case the land upon which such improvements shall have been made shall be purchased by the parties making the same, at the appraised value as aforesaid, the value of the improvements so made by him shall form no part of the purchase price to be paid for said land. (b) bids. SEC. 4. And be it further enacted, That the lands of said Indians which Lands set apart have been set apart for the payment of the debts of the said Indians, for, debts to be sold by sealed shall be sold on sealed bids for the best price the same will bring; but no bids shall be received for said lands until the first day of January, Time, &c., for anno Domini eighteen hundred and sixty-five, for less than two dollars bidding. and fifty cents per acre. Bids shall be received for tracts of quartersections; and for such tracts conforming to the Government surveys less than one hundred and sixty acres as will secure the largest price for said lands, the Secretary is authorized to receive, in payment of said lands, certificates of indebtedness of said Indians, issued by the Com- in payment. missioner of Indian Affairs for the debts of said Indians, secured to be paid out of the sale of said lands by the third article of the treaty of the said Indians with the United States, concluded at Washington on the fifteenth day of April, eighteen hundred and fifty-nine. The money What received Prooceeds, how arising from the sale of their said lands, after paying the indebtedness disposed of. required by said treaty to be paid, shall be paid into the Treasury of the United States and shall be expended as the same is received, under the direction of the Secretary of the Interior, in necessary improvements upon their new reservation; and it shall be the duty of the Secretary Allotments in of the Interior to allot to said Indians in severalty lands which they severalty. may respectively cultivate and improve, not exceeding eighty acres to each head of a family other than to the chiefs, to whom larger allotments may be made, which lands, when so allotted, shall be vested in said Indian and his heirs, without the right of alienation, and shall be evidenced by patent. (a) Annual approSEC. 5. And be it further enacted, That the money to be annually appriations, how propriated for the benefit of the said Indians shall be expended in such expended. manner as will, in the judgment of the President, best advance the said Indians in agricultural and mechanical pursuits, and enable them to sustain themselves without the aid of the Government. And in such Discrimination expenditure reasonable discrimination may be made in favor of the in favor of faith- chiefs who shall be found faithful to the Government of the United ful chiefs. States, and efficient in maintaining its authority and the peace of the Indians. Said Indians shall be subject to the laws of the United States, and to the criminal laws of the State or Territory in which they may happen to reside. They shall also be subject to such rules and regulations for their government as the Secretary of the Interior may preContracts of scribe; but they shall be deemed incapable of making any valid civil contract with any person other than a native member of their tribe without the consent of the President of the United States. The Secretary of the Interior shall also make reasonable provision for the education of said Indians, according to their capacity and the means at his command. Indians. Education. March 3, 1863. (a) See No. 1893. (b) See Nos. 1836, 1839, 1840, 1841, 1845, 1847, 1850, 1853, 1856, 1866, 1868, 1869, 1871, 1873, 1874, 1875, 1879, 1880, 1887, 1890, 1895, 1898, 1900, 1901, 1904, 1905, 1909, 1917. No. 1869.-AN ACT for the removal of the Sisseton, Wahpaton, Medawakanton, and Wahpakoota bands of Sioux or Dakota Indians, and for the disposition of their lands in Minnesota and Dakota. Lands outside Be it enacted, &c., That the President is authorized and hereby directed the limits of any to assign to and set apart for the Sisseton, Wahpaton, Medawakanton, State to be as- and Wahpakoota bands of Sioux Indians a tract of unoccupied land signed certain bands of Sioux outside of the limits of any State, sufficient in extent to enable him to assign to each member of said bands (who are willing to adopt the pursuit of agriculture) eighty acres of good agricultural lands, the same to be well adapted to agricultural purposes. (a) Indians. Quantity. Reservations of SEC. 2. And be it further enacted, That the several tracts of land within said Indians to the reservations of the said Indians, shall be surveyed, under the direcbe surveyed. tion of the Commissioner of the General Land Office, into legal subdiLegal subdivis- Visions to conform to the surveys of the other public lands. (b) And the ions to be ap- Secretary of the Interior shall cause each legal subdivision of the said praised. lands to be appraised by discreet persons to be appointed by him for that Improvements. purpose. And in each instance where there are improvements upon any legal subdivision of said lands, the improvements shall be separately When subject appraised. But no portion of the said lands shall be subject to preëmpto pre-emption. tion, settlement, entry, or location, under any act of Congress, unless the party preempting, settling upon, or locating any portion of said lands shall pay therefor the full appraised value thereof, including the value of the said improvements, under such regulations as hereinafter pro After survey, ment. empt, &c. vided. SEC. 3. And be it further enacted, That after the survey of the said lands to be open reservations the same shall be open to preemption, entry, and settlement to pre-emption, in the same manner as other public lands: Provided, That before any entry, and settleperson shall be entitled to enter any portion of the said lands by preWho may pre-emption or otherwise, previous to their exposure to sale to the highest bidder, at public outcry, he shall become an actual bona-fide settler thereon, and shall conform to all the regulations now provided by law in cases of preemption; and shall pay, within the term of one year from the date of his settlement, the full appraised value of the land, and the improvements thereon, to the land officers of the district where the said lands are situated. And the portions of the said reservations which may not be settled upon, as aforesaid, may be sold at public auction, as What may be at public sold auction. other public lands are sold, after which they shall be subject to sale at private entry, as other public lands of the United States, but no portion thereof shall be sold for a sum less than their appraised value, before the first of January, anno Domini eighteen hundred and sixty-five, nor for a less price than one dollar and twenty-five cents per acre, until otherwise provided for by law. (c) Proceeds of plied. ap SEC. 4. And be it further enacted, That the money arising from said sale shall be invested by the Secretary of the Interior for the benefit of sales of lands, said Indians in their new homes, in the establishing them in agricultural how to be pursuits: Provided, That it shall be lawful for said Secretary to locate any meritorious individual Indian of said bands, who exerted himself to save the lives of the whites in the late massacre, upon said lands on which the improvements are situated, assigning the same to him to the extent of eighty acres, to be held by such tenure as is or may be provided by law: And provided, further, That no more than eighty acres shall be awarded to any one Indian, under this or any other act. ex Discrimination SEC. 5. And be it further enacted, That the money to be anually appro- Annual appropriated for the benefit of the said Indians shall be expended in such priations for manner as will, in the judgment of the Secretary of the Interior, best these Indians, advance the said Indians in agricultural and mechanical pursuits, and bow to be pended. enable them to sustain themselves without the aid of the Government; but no portion of said appropriations shall be paid in money to said In- No part to be dians. And in such expenditure, said Secretary may make reasonable paid in money. discrimination in favor of the chiefs who shall be found faithful to the Government of the United States, and efficient in maintaining its author- in favor of loyal ity and the peace of the Indians. Said Indians shall be subject to the chiefs. laws of the United States, and to the criminal laws of the State or Ter- Indians to be ritory in which they may happen to reside. They shall also be subject subject to laws. to such rules and regulations for their government as the Secretary of And to rules the Interior may prescribe; but they shall be incapable of making any and regulations. valid civil contract with any person other than a native member of their tribe, without the consent of the President. The Secretary of the Interior shall also make reasonable provision for the education of said Indians, according to their capacity and the means at his command. (a) See Nos. 1867, 1893. (b) See Nos. 1836, 1841, 1854, 1873, 1892. (c) See Nos. 1836, 1839, 1840, 1841, 1845, 1847, 1850, 1853, 1856, 1866, 1868, 1871, 1873, 1874, 1875, 1879, 1880, 1887, 1890, 1895, 1898, 1900, 1901, 1904, 1905, 1909, 1917. They cannot make a valid civil Education. contract, &c. No. 1870.-AN ACT confirming the title of Joseph Ford to certain lands in Rice April 19, 1864. Title of Joseph Be it enacted, &c., That the title of Joseph Ford in and to the following-described lands, to wit: The south half of the northeast quarter, and Ford to certain the southeast quarter of the northwest quarter, and the northwest quar- lands in Minne ter of the southeast quarter of section six, in township one hundred and sota confirmed, eleven, of range nineteen, in Rice County, in the State of Minnesota, con- and patent to istaining one hundred and sixty acres, be, and the same is hereby, fully and absolutely confirmed, and that a patent be issued to the said Joseph Ford for the same. No. 1871.-AN ACT making a grant of lands to the State of Minnesota, to aid in the construction of the railroad from Saint Paul to Lake Superior. sue therefor. a May 5, 1864. Lands granted Saint Paul to head of Lake Su Be it enacted, &c., That there be, and there is hereby, granted to the State of Minnesota for the purpose of aiding in the construction of a to railroad in said State from the city of Saint Paul to the head of Lake Superior, every alternate section of public land of the United States, not mineral, designated by odd numbers, to the amount of five alternate perior. sections per mile on each side of the said railroad on the line thereof, within the State of Minnesota; but in case it shall appear that the United States have, when the line or route of said road is definitely fixed, sold, appropriated, reserved, or otherwise disposed of any sections, or any part thereof, granted as aforesaid, or that the right of preemption Reserved or or homestead settlement has attached to the same, then it shall be the pre-empted duty of the Secretary of the Interior to select from the lands of the United States nearest to the lines of sections above specified, in alternate sections or parts thereof, so much public land of the United States, not mineral, as shall be equal in amount to such lands as the United States have sold or otherwise appropriated, or to which the rights of preëmp 51 L 0-VOL II lands. tion or homestead settlement may have attached, as aforesaid; which lands thus selected in lieu of those sold, reserved, or otherwise appropriated or disposed of, or to which the rights of preemption or homestead settlement may have attached, as aforesaid, together with the sections and parts of sections designated as aforesaid, and appropriated as aforesaid, shall be held and disposed of by the said State for the use and Land not to be purpose aforesaid: Provided, That the land to be so selected shall in no located more than case be located farther than twenty miles from the lines of said road: twenty miles And provided, further, That the lands hereby granted for and on account from the road. of said road shall be exclusively applied in the construction of the same, Lands granted, and for no other purpose whatever, and shall be disposed of only as the how to be ap- work progresses through the same, as in this act hereinafter provided: plied. Provided, also, That no part of the land granted by this act shall be apNot to be applied to aid in the construction of any railroad, or part thereof, for the plied to certain construction of which any previous grant of land may have been made by Congress: And provided, further, That any and all lands heretofore Former reser-reserved to the United States by any act of Congress, or in any other vations not with- manner by competent authority, for the purpose of aiding in any object of internal improvement, or for any other purpose whatsoever, be, and the same are hereby, reserved to the United States, from the operations of this act, except so far as it may be found necessary to locate the ronte of the said road through such reserved lands; in which case the right of way only shall be granted, subject to the approval of the President Minimum price of the United States: (a) Provided, further, That the minimum price of the of the lands not even sections and parts of sections of the public lands of the United granted. States, within the limits of ten miles on each side of the line of said road, shall be two dollars and fifty cents per acre. (b) roads. in this act. Patents for the issue. SEC. 2. And be it further enacted, That whenever said State shall cause granted lands, to be completed twenty consecutive miles of any portion of said railwhen and how to road, supplied with all necessary drains, culverts, viaducts, crossings, sidings, bridges, turn-outs, watering-places, depots, equipments, furni ture, and all other appurtenances of a first-class railroad, patents shall issue conveying the right and title to said lands to said State, on each side of the road, as far as the same is completed, and coterminous with said completed section, not exceeding the amount aforesaid, and patents shall in like manner issue as each twenty miles of said road is com. Certificate of pleted: Provided, however, That no patents shall issue for any of said governor of Min- lands unless there shall be presented to the Secretary of the Interior a statement, certified by the governor of the State of Minnesota, that such twenty miles have been completed in the manner required by this act, and setting forth with certainty the points where such twenty miles begin and where the same end. nesota. Lands granted, SEC. 3. And be it further enacted, That when the said road shall be when not to be definitely located, and a plat thereof filed with the Secretary of the Insubject to pre- terior, the lands hereby granted shall not thereafter be subject to setemption, &c. tlement, preemption, or private entry adverse to this grant. lands. Right of way SEC. 4. And be it further enacted, That the said State, in addition to over public the grant heretofore mentioned, is hereby authorized to locate the said road over any public lands of the United States, not otherwise appropriated, reserved, or disposed of, and that the right of way over said lands of the United States for the purpose aforesaid is hereby granted to said State to the width of one hundred feet on each side of said road as located. Width. Lands to be used only for pur. poses of roads. SEC. 5. And be it further enacted, That the said lands hereby granted when patented to said State, shall be subject to the disposal of said State for the purposes aforesaid, and for no other; and the said railRoad to be pub-road shall be and remain a public highway for the use of the Govern lic highway. ment of the United States, free from all toll or other charge, for the transportation of any property or troops of the United States. Road to be com- SEC. 6. And be it further enacted, That if said road is not completed within pleted within eight years from the time of the passage of this act, as provided herein, eight years, if no further patent shall be issued for said lands, and no further sale shall be made, and the lands unsold shall revert to the United States. SEC. 7. And be it further enacted, That the United States mail shall ried at such price be transported over said road, under the direction of the Post-Office as Congress di- Department, at such price as Congress may by law direct: Provided, That until such price is fixed by law the Postmaster-General shall have the power to determine the same. not, lands to revert. Mails to be car 1ects, &c. 1 SEC. 8. And be it further enacted, That any railroad which may here- Certain rail. after be constructed from any point on the Bay of Superior, in the State roads hereafter of Wisconsin, shall be permitted to connect with the said railroad, for constructed may Connect with the construction of which the said lands are hereby granted, at any this. point which may be selected by the president and directors of said railroad company so permitted to connect their said road, and the said railroad company so permitted to connect shall have the right and privilege to transport, or have transported, over the track of said railroad, for the construction of which the said lands are hereby granted, all or any of its cars, passengers, or freights, and the said railroad company This railroad controlling the said road, for the construction of which the said lands may connect with are hereby granted, shall have the same right and privilege to transport or have transported all or any of its cars, freights, or passengers over the track of the said railroad of the company so permitted to connect, and said transportation shall be paid by the railroad company using, to the railroad company according the same, at the usual rates or charges which may be imposed by the said company upon all other cars, freights, or passengers. (a) (a) See Nos. 1840, 1844, 1853, 1865, 1872, 1873, 1874, 1875, 1876, 1877, 1878, 1881, 1882, 1886, 1889, 1892, 1896, 1902, 1906, 1911, 1915, 1917. (b) See Nos. 1836, 1839, 1840, 1841, 1845, 1847, 1850, 1853, 1856, 1866, 1868, 1869, 1873, 1874, 1875, 1879, 1880, 1887, 1890, 1895, 1898, 1900, 1901, 1904, 1905, 1909, 1917. No. 1872.-AN ACT for a grant of lands to the State of Iowa, in alternate sections, to aid in the construction of a railroad in said State. those. May 12, 1864. nesota for road SEC. 7. And be it further enacted, That there be, and is hereby, granted Grant to Minto the State of Minnesota for the purpose of aiding in the construction from St. Paul to of a railroad from St. Paul and St. Anthony, via Minneapolis, to a southern line of convenient point of junction west of the Mississippi, to the southern State. boundary of the State, in the direction of the mouth of the Big Sioux River, four additional alternate sections of land per mile, to be selected upon the same conditions, restrictions, and limitations as are contained Conditions of in the act of Congress entitled "An act making a grant of land to the grant. Territory of Minnesota, in alternate sections, to aid in the construction of certain railroads in said Territory, and granting public lands, in alternate sections, to the State of Alabama, to aid in the construction of a certain railroad in said State," approved March third, eighteen hundred and fifty-seven: Provided, That the land to be so located by Lands may be virtue of this section may be selected within twenty miles of the line selected, where. of said road, but in no case at a greater distance therefrom. (a) (a) See Nos. 1840, 1844, 1853, 1865, 1871, 1873, 1874, 1875, 1876, 1977, 1878, 1881, 1882, 1886, 1889, 1892, 1896, 1902, 1906, 1911, 1915, 1917. No. 1873.—AN ACT granting lands to aid in the construction of a railroad and telegraph line from Lake Superior to Puget's Sound, on the Pacific coast, by the northern route. July 2, 1864. Northern Paci Names of cor Be it enacted, &c., That Richard D. Rice, John A. Poore, Samuel P. Strickland, Samuel C. Fessenden, Charles P. Kimball, Augustine Haines, fic Railroad ComEdwin R. W. Wiggin, Anson P. Morrill, Samuel J. Anderson, of Maine; pany incorporated. Willard Sears, I. S. Withington, Josiah Perham, James M. Becket, A. W. Banfield, Abiel Abbott, John Newell, Austin L. Rogers, Nathaniel porators. Greene, jur., Oliver Frost, John A. Bass, John O. Bresbrey, George Shiverick, Edward Tyler, Filander J. Forristall, Ivory H. Pope, of Massachusetts; George Opdyke, Fairley Holmes, John Huggins, Philander Reed, George Briggs, Chauncy Vibbard, John C. Fremont, of New York; Ephraim Marsh, John P. Jackson, jr., of New Jersey; S. M. Felton, John Toy. O. J. Dickey, B. F. Archer, G. W. Cass, J. Edgar Thompson, John A. Green, of Pennsylvania; T. M. Allyn, Moses W. Wilson, Horace Whittaker, Ira Bliss, of Connecticut; Joseph A. Gilmore, Onslow Stearns, E. P. Emerson, Frederick Smyth, William E. Chandler, of New Hampshire; Cyrus Aldrich, II. M. Rice, John McKusick, H. C. Waite, Stephen Miller, of Minnesota; E. A. Chapin, John Gregory Smith, George Merrill, of Vermont; James Y. Smith, William S. Slater, Isaac H. Southwick, Earl P. Mason, of Rhode Island; Seth Fuller, William Kellogg, U. S. Grant, William B. Ogden, William G. Greene, Leonard Sweat, Henry W. Blodgett, Porter Sheldon, of Illinois; J. M. Winchell, Ellsworth Cheesebrough, James S. Emery, of Kansas; Richard F. Per |