816 THE GEOEGE CATLIN INDIAN GALLERY. 



nized. Appointment or election of chiefs must he approved by the 

 agent or Department. No tribe recognized prior to 1869 as a nation. 

 The Indian is controlled as a person (except in religious matters) by 

 the national authorities. March 3, 1885, the following most progressive 

 and salutary enactment was ordered : 



Sec. 9. That immediately upon and after the date of the passage of this act all In- 

 dians, copiniitting against the person or property of another Indian or other person 

 any of the following crimes, namely, murder, manslaughter, rape, assault with intent 

 to kill, arson, burglary, and larceny within any Territory of the United States, 

 and either within or without an Indian reservation, shall be subject therefor to the 

 laws of such Territory relating to said crimes, and shall be tried therefor in the same 

 courts and in the same manner and shall be subject to the same penalties as are all 

 other persons charged with the commission of said crimes, respectively; and the said 

 courts are hereby given jurisdiction in all such cases; and all such Indians commit- 

 ting any of the above crimes against the person or property of another Indian or other 



grant to such Indians shall he adjusted upon the survey of the lands so as to conform thereto; and 

 patents shall he issued to them for such lands in the manner and with the restrictions as herein pro- 

 vided. And the fees to which the officers of such local land-office would have been entitled had such 

 lands been entered under the general laws for the disposition of the public lands shall be paid to them, 

 from any moneys in the Treasury of the United States not otherwise appropriated, upon a statement 

 of an account in their behalf for such fees by the Commissioner of the General Land Office, and a cer- 

 tification of such account to the Secretary of the Treasury by the Secretary of the Interior. 



Sec. 5. That upon the approval of the allotments provided for in this act by the Secretary of the In- 

 terior, he shall cause patents to issue therefor in the name of the allottees, which patents shall be of 

 the legal effect, and declare that the United States does and will hold the land thus allotted, for the 

 period of twenty-five years, in trust for the sole use and benefit of the Indian to whom such allotment 

 shall have been made, or, in case of his decease, of his heirs according to the laws of the State or 

 Territory where such land is located, and that at the expiration of said period the United States 

 will convey the same hy patent to said Indian, or his heirs as aforesaid, in fee, discharged of said trust 

 and free of all charge or incumbrance whatsoever : Provided, That the President of the United States 

 may in any case in his discretion extend the period. And if any conveyance shall bo made of the lands 

 set apart and allotted as herein provided, or any contract made touching the same, before the expiration 

 of the time above mentioned, such conveyance or contract shall be absolutely null and void: Provided 

 That the law of descent and partition in force in the State or Territory where such lands are situate shall 

 apply thereto after patents therefor have been ex ecuted and delivered, except as herein otherwise pro- 

 vided ; and the laws of the State of Kansas regulating the descent and partition of real estate shall, so far 

 as practicable, apply to all lands in the Indian Territory whicb may be allotted in severalty under the pro- 

 , visions of this act : And provided further, That at any time after lands have been allotted to all the In- 

 dians of any tribe as herein provided, or sooner if in the opinion of the President it shall be for the best 

 interests of said tribe, it shall be lawful for the Secretary of the Interior to negotiate with such Indian 

 tribe for the purchase and release by said tribe, in conformity with the treaty or statute under which 

 such reservation is held, of such portions of its reservation not allotted as such tribe shall, from time 

 to time, consent io sell, on such terms and conditions as shall be considered just and equitable between 

 the United States and said tribe of Indians, which purchase shall not be complete until ratified by 

 Congress, and the form and manner of executing such release shall also be prescribed by Congress: 

 Provided however. That all lands adapted to agriculture, with or without irrigation so sold or released 

 to the United States by any Indian tribe shall be held by the United States for the sole purpose of 

 securing homes to actual settlers and shall be disposed of by the United States to actual and bona fide 

 settlers only in tracts not exceeding one hundred and sixty acres to any one person, on such terms as 

 Congress shall prescribe, subject to grants which Congress may make in aid of education : And pro' 

 vided further, That no patents shall issue therefor except to the person so taking the same as and for a 

 homestead, or his heirs, and after the expiration of five years occupancy thereof as such homestead ; 

 and any conveyance of said lands so taken as a homestead, or any contract touching the same, or lien 

 thereon, created prior to the date of such patent, shall be null and void. And the sums agreed to be 

 paid by the United States as purchase money for any portion of any such reservation shall be held in 

 the Treasury of the United States for the sole use of the tribe or tribes of Indians ; to whom such 

 reservations belonged ; and the same, with interest thereon at three per cent, per annum, shall bo at 

 all times subject to appropriation by Congress for the education and civilization of such tribe or tribes 

 of Indians or the members thereof. The patents aforesaid shall be recorded in the General Land Office, 

 und afterward delivered, free of charge, to the allottee entitled thereto. And if any religious society 

 pp other organization is now occupying any of the public lands to which this act is applicable, for 



