Page:United States Statutes at Large Volume 14.djvu/834

 804 TREATY WITH THE CHEROKEE INDIANS. JULY 19, 1866. of the lands herein ceded or authorized to be ceded or sold than their numbers bear to the whole number of Cherokees then residing in said country, and thence afterwards they shall enjoy all the rights of native Cherokees. Limits of pla- But no Indians who have no tribal organizations, or who shall determine gina? “m°‘ to abandon their tribal organizations, shall be permitted to settle east of the 9G° of longitude without the consent of the Cherokee national council, or of a delegation duly appointed by it, being first obtained. And no Indians who have and determine to preserve their tribal organizations shall be permitted to settle. as herein provided, east of the 96° of longitude without such consent being first obtained, unless the President of the United States, after a full hearing of the objections offered by said council or delegation to such settlement, shall determine that the objections are insufficient, in which case he may authorize the settlement of such tribe east of the 96° of longitude. UWM"? ih" ARTICLE XVI. The United States may settle friendlv Indians in any mted States O. * may sm]., part of the Cherokee country west of 96, to be taken in a compact form l`¤‘l€¤dlYl¤<li¤¤S- in quantity not exceeding one hundred and sixty acres for each member of each of said tribes thus to be settled: the boundaries of each of said I-MGS- districts to be distinctly marked, and the land conveyed in fee simple to each of said tribes to be held in common or by their mernbersin severalty as the United States may decide. Said lands thus disposed of to be paid for to the Cherokee nation at such price as may be agreed on between the said parties in interest. subject to the approval of the President; and if they should not agree, then the price to be fixed by the President. , Y°S§°S$l°¤ Md The Cherokee nation to retain the right of possession of and jurisdiction Over over all of said country west of 96° of longitude until thus sold and occupied, after which their jurisdiction and right of possession to terminate forever as to each of said districts thus sold and occupied. m3*{$ij)°;*h‘;iUm_ ARTICLE XVII. The Cherokee nation herebv cedes. in trust to the tgjgmcs in United States, the tract of land in the State of Kansas which was sold to trust. the Cherokees by the United States. under the provisions of the second article of the treaty of 1835; and also that strip of the land ceded to the nation by the fourth article of said treaty which is included in the State of Kansas, and the Cherokees consent that said lands may be included in the limits and jurisdiction of the said State. The lands herein ceded shall be surveyed as the public lands of the Lands *0 bs United States are surveyed. under the direction of the commissioner of surveyed and · . . . 8,,,,,,,35ed; the general land office. and shall be appraised hy two disinterested persons. one to be designated by the Cherokee national council and one by the Secretary of the Interior. and. in case of disagreement, bv a third person. to be mutually selected by the aforesaid appraisers. The appraisement to be not less than an average of one dollar and a quarter per acre, exclusive ofimprovcments. And the Secretary of the Interior shall from time to time, as such surmaybe sold to veys and appraisements are approved by him. after due advertisements highest Wide"- for sealed bids, sell such lands to the highest bidders for cash in parcels not exceeding one hundred and sixty acres. and at not less than the ap- ImPT°V€m€¤i$· praised value: Protided. That whenever there are improvements of the value of fifty dollars made on the lands not being mineral, and owned and personally occupied by any person for agricultural purposes at the date of the signing hereof. such person so owning, and in person residing on such improvements, shall, after due proof made under such regulations as the Secretary of the Interior may prescribe, be entitled to buy. at the appraised value. the smallest quantity of land in legal subdivisions which will include his improvements, not exceeding in the aggregate one hundred and sixty acres ; the expenses of survey and appraisement to be paid by the PY°Vl$°· Secretary out of the proceeds of sale of said land: Provider], T hat nothing in his article shall prevent the Secretary of the Interior from selling the