KANSAS. No. 1997.—A RESOLUTION to sanction an agreement made between the Wyandotta and Delawares for the purchase of certain lands by the former, of the latter tribe of Indians. July 25, 1848. Wyandott na Resolved, &c, That the agreement, in writing, between the Delaware Agreement in nation of Indians and the Wyandott nation of Indians, made and en- writing between tered into on the fourteenth day of December, eighteen hundred and the Delaware and forty-three, for the purchase of certain lands by the latter, of the former tions of Indians, tribe of Indians, and which said agreement, in writing, is as follows: on the 14th De"Whereas, from a long and intimate acquaintance, and the ardent cember, 1843, for the purchase of friendship which has for a great many years existed between the Dela- certain lands by wares and Wyandotts, and from a mutual desire that the same feeling the latter of the shall continue and be more strengthened by becoming near neighbors former, con to each other; therefore the said parties, the Delawares on one side, and firmed. the Wyandotts on the other, in full council assembled, have agreed, and do agree, to the following stipulations, to wit: ARTICLE 1. The Delaware nation of Indians, residing between the Missouri and Kansas rivers, being very anxious to have their uncles, the Wyandotts, to settle and reside near them, do hereby donate, grant, and quit-claim forever, to the Wyandott nation, three sections of land, containing six hundred and forty acres each, lying and being situated at the point of the junction of the Missouri and Kansas rivers. ART. 2. The Delaware chiefs, for themselves and by the unanimous consent of their people, do hereby cede, grant, quit-claim to the Wyandott nation, and their heirs forever, thirty-six sections of land, each containing six hundred and forty acres, situated between the aforesaid Missouri and Kansas rivers, and adjoining on the west the aforesaid three donated sections, making in all thirty-nine sections of land, bounded as follows, viz.: Commencing at the point at the junction of the aforesaid Missouri and Kansas rivers, running west along the Kansas River sufficiently far to include the aforesaid thirty-nine sections; thence running north to the Missouri River; thence down the said river with its meanders to the place of beginning; to be surveyed in as near a square form as the rivers and territory ceded will admit of. ART. 3. In consideration of the foregoing donation and cession of land, the Wyandott chiefs bind themselves, successors in office, and their people, to pay to the Delaware nation of Indians forty-six thousand and eighty dollars, as follows, viz. : six thousand and eighty dollars to be paid the year eighteen hundred and forty-four, and four thousand dollars annually thereafter for ten years. ART. 4. It is hereby distinctly understood, between the contracting parties, that the aforesaid agreement shall not be binding or obligatory until the President of the United States shall have approved the same, and caused it to be recorded in the War Department." be, and the same is hereby, confirmed: Provided, That the Wyandott Proviso. No. 1998.—AN ACT to organize the Territories of Nebraska and Kansas. May 30, 1854. SEC. 19. And be it further enacted, That all that part of the territory Temporary of the United States included within the following limits, except such government for Territory of portions thereof as are hereinafter expressly exempted from the opera- Kansas estabtions of this act, to wit, beginning at a point on the western boundary lished. of the State of Missouri, where the thirty-seventh parallel of north lati- Boundaries. tude crosses the same; thence west on said parallel to the eastern boundary of New Mexico; thence north on said boundary to latitude thirtyeight; thence following said boundary westward to the east boundary of the Territory of Utah, on the summit of the Rocky Mountains; 54 L O-VOL II 849 thence northward on said summit to the fortieth parallel of latitude; thence east on said parallel to the western boundary of the State of Missouri; thence south with the western boundary of said State to the place of beginning, be, and the same is hereby, created into a temporary Admitted as government by the name of the Territory of Kansas; and when admitted State or States as a State or States, the said Territory, or any portion of the same, shall with or without be received into the Union with or without slavery, as their constitution slavery. may prescribe at the time of their admission: Provided, That nothing Power to divide in this act contained shall be construed to inhibit the Government of the said Territory or United States from dividing said Territory into two or more Territories, to attach part of in such manner and at such times as Congress shall deem convenient Territory re- and proper, or from attaching any portion of said Territory to any other State or Territory of the United States: Provided further, That nothing Rights of In- in this act contained shall be construed to impair the rights of person dians in said Ter- or property now pertaining to the Indians in said Territory, so long as ritory not im-such rights shall remain unextinguished by treaty between the United it to a State or served. paired. States and such Indians, or to include any territory which, by treaty with any Indian tribe, is not, without the consent of said tribe, to be included within the territorial limits or jurisdiction of any State or Territory; but all such territory shall be excepted out of the boundaries, and constitute no part of the Territory of Kansas, until said tribe shall signify their assent to the President of the United States to be included within the said Territory of Kansas, or to affect the authority of the United States Government of the United States to make any regulation respecting retain all their such Indians, their lands, property, or other rights, by treaty, law, or present authori- otherwise, which it would have been competent to the Government to ty over said Indians. make if this act had never passed. (a) * Lands to be SEC. 34. And be it further enacted, That when the lands in the said surveyed; how Territory shall be surveyed under the direction of the Government of to be disposed of. the United States, preparatory to bringing the same into market, sections numbered sixteen and thirty-six in each township in said Territory Reservation for shall be, and the same are hereby, reserved for the purpose of being apschools. plied to schools in said Territory, and in the States and Territories hereafter to be erected out of the same. (b) July 22, 1854. Vol. 10, p. 308. Surveyor-gen eral for Nebras compensa. No. 1999.—AN ACT to establish the offices of surveyor-general of New Mexico, Kausas, and Nebraska, to grant donations to actual settlers therein, and for other purposes. SEC. 10. And be it further enacted, That the President of the United ka and Kansas; States shall be and he is hereby, authorized to appoint, by and with the his appointment, advice and consent of the Senate, a surveyor-general for the Territories powers, duties, and of Nebraska and Kansas, who shall locate his office at such place as the tion. President of the United States shall from time to time direct, and whose duties, powers, obligations and responsibilities and compensation shall be the same as those of the surveyor-general of Wisconsin and Iowa, and who shall be allowed the same amount for office rent, fuel, incidental expenses, and clerk hire, as is allowed to said surveyor-general of Wisconsin and Iowa. Standard meri. SEC. 11. And be it further enacted, That said surveyor-general shall dian and other cause the necessary surveys to be made in said Territories of standard lines to be sur meridian, base, aud parallel lines, and of township and subdivisional lines, under such rules and regulations as shall be prescribed by the Commissioner of the General Land Office. (a) veyed. Certain lands act of 1841. SEC. 12. And be it further enacted, That all the lands to which the subject to the Indian title has been or shall be extinguished within said Territories of operation of the Nebraska and Kansas, shall be subject to the operations of the preömption act of fourth September, eighteen hundred and forty-one, and under the conditions, restrictions, and stipulations therein mentioned; Provided, however, That where unsurveyed lands are claimed by preëmption, notice of the specific tracts claimed shall be filed within three months after the survey has been made in the field, and on failure to file such notice or to pay for the tracts claimed before the day fixed for the public sale Proviso. of the lands by the proclamation of the President of the United States, the parties claiming such lands shall forfeit all right thereto: Provided, Proviso. district. Pawnee land district. SEC. 13. And be it further enacted, That the public lands in the Terri- Omaha and tory of Nebraska, to which the Indian title shall have been extinguished, shall constitute a new land district to be called the Omaha district; and the public lands in the Territory of Kansas, to which the Indian title shall have been extinguished, shall constitute a new land district, to be called the Pawnee district: the officers for each of which districts shall be established at such points as the President may deem expedient; Place of office. and he is hereby authorized to appoint, by and with the advice and conRegister and sent of the Senate, a register and receiver of public moneys for each of receiver for said said districts, who shall each be required to reside at the site of their districts to be aprespective offices, and they shall have the same powers, perform the pointed. same duties, and be entitled to the same compensation as are or may be prescribed by law in relation to other land offices of the United States. (c) And the President is hereby authorized to cause the surveyed lands to Land to be surbe exposed for sale from time to time, in the same manner and upon the veyed and ex. same terms and conditions as the other public lands of the United posed for sale. States. (b) (a) See No. 2066. (b) See Nos. 1148, 2001, 2014, 2020, 2022, 2223, 2026, 2030, 2036, 2040, 2042, 2043, 2045, 2046, 2047, 2949, 2050, 2051, 2053, 2055, 2056, 2059, 2060, 2061, 2062, 2063, 2064, 2067, 2068, 2069, 2073, 2076, 2078, 2079, 2080. (c) See Nos. 2001, 2037, 2038, 2048, 2058, 2077. No. 2000.-AN ACT to authorize the President of the United States to cause the July 8, 1856. southern boundary line of Kansas Territory to be surveyed and marked. of Vol. 11, p. 27. Be it enacted, &c., That the President of the United States is hereby Survey authorized and directed to cause the southern boundary line of the Ter- southern boundritory of Kansas, between the State of Missouri and the Territory of New ary of Kansas. Mexico, to be surveyed and distinctly marked, and a plat of said survey shall be deposited in the office of the Secretary of the Interior, and another plat of said survey shall be deposited in the office of the secretary of the Territory of Kansas. (a) (a) See Nos. 1998, 2003, 2008. No. 2001.-AN ACT to establish three additional land districts in the Territory of March 3, 1857. Kansas. Vol. 11, p. 187. Be it enacted, &c., That all that portion of the "Pawnee land district," Delaware land in the Territory of Kansas, created by the thirteenth section of the act district consti approved twenty-second July, eighteen hundred and fifty-four, entitled tuted. "An act to establish the offices of surveyor-general of New Mexico, Kansas, and Nebraska, to grant donations to actual settlers therein, and for other purposes," which is situated north of the north or left bank of the Kansas River, and east of the line which divides ranges eight and nine east, shall constitute a separate district, to be called the "Delaware land district," all that portion of said Pawnee district which is situated south of the nearest township line to the parallel of thirty-eight degrees of north latitude, to be hereafter determined by the Commissioner of the General Land Office, shall constitute an addi tional district, to be called the "Osage land district," and all that por- Osage district tion of said Pawnee district which lies west of the line dividing ranges constituted. eight and nine east and north of the nearest township line to the parallel of thirty-eight degrees of north latitude, shall constitute a district to be called the Western district,' land district," the location of the Western dis offices for which shall be designated by the President of the United trict constituted. States, and shall by him, from time to time, be changed as the public interests may seem to require. Officers for SEC. 2. And be it further enacted, That the President be, and he is hereby, authorized, whenever the public interests shall require, to ap- said districts. point, by and with the advice and consent of the Senate, or during the recess thereof, and until the end of the next session of Congress after such appointment, a register and a receiver for each or either of the districts hereby created, who shall respectively be required to reside Sales author at the site of their offices, have the same powers, responsibilities, and emoluments, and be subject to the same acts and penalties, which are or may be prescribed by law in relation to other land officers of the United States. (a) SEC. 3. And be it further enacted, That the President is hereby authorized at said dis- ized to cause the public lands in the districts created by this act, tricts. with the exception of such as may have been or may be reserved for other purposes, to be exposed to sale in the same manner, and upon the same terms and conditions as other public lands of the United States: (b) Former sales Provided, That all sales and locations made at the office of the old disand locations trict of lands situated within the limits of the new districts, which shall be valid and right in other respects, up to the day on which the new offices shall go into operation, be and the same are hereby confirmed. confirmed. (a) See Nos. 1999, 2037, 2038, 2048, 2058, 2077. (b) See Nos. 1148, 1999, 2014, 2020, 2022, 2023, 2026, 2030, 2036, 2040, 2042, 2043, 2045, 2046, 2047, 2049, 2050, 2051, 2053, 2055, 2056, 2059, 2060, 2061, 2062, 2063, 2064, 2067, 2068, 2069, 2073, 2076, 2078, 2079, 2080. March 3, 1857. No. 2002.—A RESOLUTION relative to sections sixteen and thirty-six, in the TerVol. 11, p. 254. ritories of Minnesota, Kansas, and Nebraska. [See MINNESOTA, No. 1856.] May 4, 1858. Vol. 11, p. 269. Kansas to be condition. No. 2003. AN ACT for the admission of the State of Kansas into the Union. Whereas, the people of the Territory of Kansas did, by a convention of delegates assembled at Lecompton on the seventh day of November, one thousand eight hundred and fifty-seven, for that purpose, form for themselves a constitution and State government, which constitution is republican; and whereas, at the same time and place, said convention did adopt an ordinance, which said ordinance asserts that Kansas, when admitted as a State, will have an undoubted right to tax the lands within her limits belonging to the United States, and proposes to relinquish said asserted right if certain conditions set forth in said ordinance be accepted and agreed to by the Congress of the United States; and whereas the said constitution and ordinance have been presented to Congress by order of said convention, and admission of said Territory into the Union thereon as a State requested; and whereas said ordinance is not acceptable to Congress, and it is desirable to ascertain whether the people of Kansas concur in the changes in said ordinance, hereinafter stated, and desire admission into the Union as a State as herein proposed: Therefore, Be it enacted, &c., That the State of Kansas be, and is hereby, admitadmitted upon ted into the Union on an equal footing with the original States, in all respects whatever, but upon this fundamental condition precedent, Question of admission with ac- namely: That the question of admission with the following proposition, companying in lieu of the ordinance framed at Lecompton, be submitted to a vote propositions to of the people of Kansas, and assented to by them or a majority of the be submitted to voters voting at an election to be held for that purpose, namely: (a) popular vote. Propositions. That the following propositions be and the same are hereby offered to the people of Kansas for acceptance or rejection, which, if accepted, shall be obligatory on the United States and upon the said State of School lands. Kansas, to wit: First. That sections number sixteen and thirty-six in every township of public lands in said State, or where either of said sections or any part thereof has been sold or otherwise disposed of, other lands equivalent thereto and as contiguous as may be, shall be State universi- granted to said State for the use of schools. (b) Second. That seventyty lands, two sections of land shall be set apart and reserved for the support of a State University, to be selected by the governor of said State, subject to the approval of the Commissioner of the General Land Office, and to be appropriated and applied in such manner as the legislature of said State may prescribe for the purpose aforesaid, but for no other purLands for pub- pose. (c) Third. That ten entire sections of land, to be selected by the lic buildings. governor of said State, in legal subdivisions, shall be granted to said State for the purpose of completing the public buildings, or for the erection of others at the seat of government, under the direction of the Salt springs and contiguous legislature thereof. (d) Fourth. That all salt springs within said lands. State, not exceeding twelve in number, with six sections of land ad joining, or as contiguous as may be to each, shall be granted to said Proviso: con shall by this article be granted to said State. (e) Fifth. That five per Percentage on centum of the nett proceeds of sales of all public lands lying within land sales. said State which shall be sold by Congress after the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to said State for the purpose of making public roads and internal improvements, as the legislature shall direct. (f) Provided, The foregoing propositions herein offered are on the condition that said State of Kansas shall never interfere with the primary ditions on which disposal of the lands of the United States, or with any regulations propositions are which Congress may find necessary for securing the title in said soil to bona-fide purchasers thereof, and that no tax shall be imposed on lands belonging to the United States, and that in no case shall nonresident proprietors be taxed higher than residents. Sixth. And that said State shall never tax the lands or property of the United States in that State. (g) No. 2004.-AN ACT to confirm the sale of the reservation held by the Christian offered. June 8, 1858. Preamble. J. Isacks, on his Be it enacted, &c., That upon the payment of the said sum of forty- Sale of land three thousand four hundred dollars by the said A. J. Isacks to the Sec- confirmed to A. retary of the Interior, for the use and benefit of said Christian Indians, paying $43,400. within ninety days from the passage of this act, it shall then be the duty of the President of the United States to confirm said sale. SEC. 2. And be it further enacted, That the Secretary of the Interior be, Proceeds, how and he hereby is, authorized and required to receive the proceeds of the to be applied. sale of the said four sections of land, and apply the same as follows: that is to say, so much thereof as may be necessary to the purchase of a suitable tract of land for a permanent home for the Christian Indians, the erection of the necessary buildings for their accommodation, and the purchase of stock, agricultural implements, and whatever else may be necessary to establish them thereon; the balance of the said fund to be invested by the Secretary of the Interior in safe and profitable stocks, the interest whereof shall be applied to the support of a school among the said Christian Indians. vided among the SEC. 3. And be it further enacted, That, whenever the Christian Indians Land bought, desire it, the tract purchased under the provisions of the preceding sec- as by preceding tion shall be divided among them, under the direction or the President section, to be diof the United States, to be held in severalty and with all the rights Indians when incident to a fee-simple estate: Provided, That the said tracts, when so they desire. divided, shall be forever inalienable by the grantees or their heirs, ex- Proviso cept with the consent and approval of the President of the United States. |