Page:United States Statutes at Large Volume 12.djvu/1244

 1192 TREATY WITH THE POTTAWATOMIES. Novnzmszn 15, 1861. h B°i°**’¤*i°9 *0 who desire to take their lands in sevemlty, and the quantity hercinaficr mvgidgpmm provided to be set apart for the rest of the tribe in common; and the rcm,,,,;n§..,,-_ mainder of the land, after the special reservations hereinafter provided for shall have been made, to be sold for the benefit of said tribe. Census of the ARTYULE II. Ic shall be the duty of the agen: of the United States t"b° t° b° tak"` for said tribe to take an accurate ccusus of all the members of the tribe, and to classify them in separate lists, showing the names, ages, and numbers of those desiring lands in sevcralty, and of those desiring lands in common, designating chiefs and headmcn, respectively; each adult chyosing for himself or herself; and each head of a. family for the mmcr children of such family, and the agent For orphans and persons of an Assignments of unsound mind. And thereupon there shall be assigned, under the direcl"“d· tion of the Commissioner of Indian Affairs, to each chief at the signing of the treaty, one section; to each headman, one half section; to each other head of a family, one quarter section; and to each other person eighty acres of land, to include, in every case, as far as practicable, to each family, their improvements and a reasonable portion of timber, to be selected according to the legal subdivision of survey. When such as- Cmiticms m signmcms shall have been completed, ccrtiiicatcs shall be issued by the M issued- Commissioner of Indian Affairs {br the tracts assigned in scvaralty, specifying the names of the individuals to whom they have been assigned, respectively, and that said tracts are set apart for the perpetual and cxclusive use and benefit of such assignees and their heirs. Until other- Exemption wisc provided by law, such tracts shall be exempt from levy, taxation, or {mm I°"Y· &°’ sale, and shall be alicuable in fee or leased or otherwise disposed of only To whom land; to the United States, or to persons then being members of the Pottawato- “*“Y b° S°ldv &°· mic tribe and of Indian blood, with the permission of the President, and under such regulations as the Secretary of the Interior shall provide, cx- Receipt of cer- cept as may be hereinafter provided. And on receipt of such certificates, EE°“F°“ t° b° "°` the person to whom they arc issued shall be deemed to have relinquished ¤qu1shcd,&c. . . . . all right to any portion of the lands ass1gned to others 1H scveralty, or to a portion of the tribe in common, and to the proceeds of sale of the same whensocvcr made. Themesidcun Auucnm III. At any time hereafter when the President of the $¤L¤¤\;:<;é?g; United States shall have become satisfied that any adults, being males M to iermm and heads of families, who may be allottccs under the provisions of the mule adults, foregoing article, are sufficicmly intelligent and prudent to control their nH`a.irs and interests, he may, at the requests of such persons, cause the lands severally held by them to be conveyed to them by patent in fue simple, with power of alienation; and may, at the same time, cause to be and pavmeufs paid to them, in cash or in the bonds of the United States, their propor- then held in trust by the United States, and also, as the same may be rcccived, their proportion of the proceeds of the sale of lands under the provisions of this treaty. And on such patents being issued and such pay- ments ordered to be made by the President, such competent persons shall Such perqops cease to be members of said tribe, and shall become citizens of the tobomombers of subject to levy, taxation, and salc, in like manner with the property of ¤’ib¤» 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 tn gnke oath of take the same oath of allegiance as is provided by law for the naturaliza- ¤U¤8*°~¤°°· tion of aliens, and shall also make proof to the satisfaction of said court that they are sufficiently intelligent and prudent to control their affairs and interests, that they have adopted the habits of civilized life, and have been able to support, for at least Bvc years, themselves and families. Ummm Ammm IV. To those members of said tribe who desire m bald mmmm to be their lands in common there shall be set apart an undivided quantity suf-
 * °b°“‘“a°‘ tion of the cash value of the credits of the tribe, principal and interest,
 * ‘;;’:i‘;;§°t§';;“c United States; and thereafter the lands so patented to them shall be