Page:United States Statutes at Large Volume 12.djvu/1292

 1240 TREATY WITH THE OTTAWA INDIANS. JUNE 24, 1862. agent of the tribe, under the direction of the Secretary of the Interior. Phu and ree And plats and records of all the selections and locations shall be made, °"l“· and upon their completion and approval proper patentslby the United States shall be issued to each individual member of the tribe and person entitled for the lands selected and allotted to them, in which it shall be stipulated that no Indian, except as herein provided, to whom the same may Nc, ,]m,,_b;e_ be issued, shall alienate or encurnber the land allotted to him or herlltl any manner, until they shall, by the terms of this treaty, become a citizen of the United States; and any conveyance or encumbrance of said lands, done or suffered, except as aforesaid, by any Ottawa Indian, of the lands allotted to him or her, made before they shall become a citizen, shall be null and void. And forty acres, including the houses and improvements of the allottee, shall be inalienable during the natural lifetime of the party receiving the title: Provided, that such of said Indians as are not under legal disabilities by the local laws may sell to each other such portions of their lands as are subject to sale, with the consent of the Secretary of the Interior, at any time. Gaim. Amrcns VIII. That upon the ratification of this treaty a census of all the Ottawas entitled to land or money under the treaty shall be taken under the direction of the Secretary of the Interior. Money of The principal to be paid to the minors shall be paid to their parents, unmi°°”· less the council of the tribe shall object because of the incompetency of the parent, growing out of ignorance, profligacy, or any other good cause; the council may also object to the payment of the money to any such incompetent which may be coming to himself or herself; and in all such cases the principal sum shall be withheld, and only the annuity paid, until such minor comes of age, or the disability is removed by the action of the council: Provided, further, That the money of minors may, in all cases, be paid to guardians appointed by the local laws. Mm 1mm0n_ Anrrxcnn IX. It being the desire of the said Ottawas, in making this &e., are made, treaty, to insure, as far as possible, the settlement of their reservation by &‘¢:1;<>f£¤° industrious whites, whose example shall be of benefit to the tribe at large, ,01,1,0,,1;,,,,,1 it is stipulated that after all the abovementioned locations, assignments, settlers. and sales are made, the remainder of the land shall be sold to actual set- Mode of sale. tlers at not less than $1.25 per acre, in the following manner: Any white person desiring to obtain any unsold, unlocated tract of the land, may file his proposition, in writing, with the agent of the Ottawas, for the purchase of the tract, stating the price which he proposes to pay for said tract, not less than $1.25 per acre, a copy of which proposition, as well as all others herein contemplated, shall be posted for thirty days, dating from the first posting at the agency, in some conspicuous place; and if no person will propose a better price therefor within thirty days next after the first posting, in which further proposition the first person may join, he, or such other person as shall have offered the best price, shall, upon the pay- ment of one quarter of the price offered, be taken and deemed the purchaser of said tract, and shall be entitled to a patent therefor from the United States at the end of one year, if he shall pay the remainder of the price offered, have occupied the land, and placed lasting and valuable improvements upon said tract to the extent and value of two hundred dollars to each quarter-section entered: Provided, That if said Ottawas, by their council, shall, at any time before any person shall become the purchaser of any tract of land, tile their protest in writing against such purchaser, he shall not be permitted to enter upon said lands or become the purchaser thereof; and white persons not purchasers shall not be permitted to settle upon said lands, it being the duty of the agent to prevent such settlement, or their occupancy by the whites who are not purchasers and only to the extentof their purchase: And provideat further, That if? any purchaser shall fail to pay for the land by him purchased under this