The Statutes at Large of the United States of America from December, 1887, to March, 1889, and Recent Treaties, Postal Conventions, and Executive Proclamations. Vol. XXV, pp.642-646.
CHAP 24.- An act for the relief and civilization of the Chippewa Indians in the State of Minnesota.
Chippewa Indians of Minnesota.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the President of the United
States is hereby authorized and directed, within sixty days after the
passage of this act, to designate and appoint three Commissioners,
one of whom shall be a citizen of Minnesota,
Commissioners to negotiate for relinquishment of lands
to be appointed.
whose duty it shall be, as soon as practicable after their appointment, to negotiate
with all the different bands or tribes of Chippewa Indians in the State of Minnesota
for the complete cession and relinquishment in writing of all their title
and interest in and to all the reservations of said Indians in the State of
except the White Earth and Red Lake Reservations, and to all and so much of these
two reservations as in the judgment of said commission is not required to make and
fill the allotments required by this and existing acts, and shall not have been reserved
by the Commissioners for said purposes, for the purposes and upon the terms
hereinafter stated; and such cession and relinquishment shall be deemed
sufficient as to each of said several reservations, except as to the Red
Assent of tribes.
if made and assented to in writing by two-thirds of the male adults over eighteen
years of age of the band or tribe of Indians occupying and belonging to
such reservations; and as to the Red Lake Reservation the cession and
relinquishment shall be deemed sufficient if made and assented to in like manner by
two-thirds of the male adults of a!1 the Chippewa Indians in Minnesota; and
provided that all agreements therefore shall be approved by the President of the
United States before taking effect:
Proviso. Allottees not to be disturbed.
Provided further, That in any case where an allotment in severalty
has heretofore been made to any Indian of land upon any of said reservations,
he shall not be deprived thereof or disturbed therein except by his own
individual consent separately and previously given, in such form and manner as
may be prescribed by the Secretary of the Interior. And for the purpose of
ascertaining whether the proper number of Indians yield and give their assent
as aforesaid, and for the purpose of making the allotments and payments
hereinafter mentioned, the said commissioners shall, while engaged in securing
such cession and relinquishment as aforesaid and before completing the same,
Census to be taken.
make an accurate census of each tribe or band, classifying them into male
and female adults, and male and female minors; and the minors into
those who are orphans and those who are not orphans, giving the exact
numbers of each class, and making such census in duplicate lists, one
of which shall be filed with the Secretary of the Interior, and the other
with the official head of the band or tribe;
Assent to extinguish Indian title.
and the acceptance and approval of such cession and relinquishment by
the President of the United States shall, be deemed full and ample proof
of the assent of the Indians, and shall operate as a complete extinguishment
of the Indian title without any other or further act or ceremony whatsoever
for the purposes and upon the terms in this act provided.
SEC 2. That the said commissioners shall, before entering upon the
Bond and oath of commissioners.
discharge of their duties, each give a bond to the United States in the
sum of ten thousand dollars, with sufficient sureties, to be approved by
the Secretary of the Interior, and conditioned for the faithful discharge of
their duties under this act, and they shall also each take an oath to support
the Constitution of the United States, and to faithfully discharge the duties
of their office, which bonds and oaths shall be filed with the Secretary of the
Said commissioners shall be entitled to a compensation of ten
dollars per day for each day actually employed in the discharge of their duties,
and for their actual traveling expenses and board, not exceeding three dollars
Said commissioners shall also be authorized to employ a competent
interpreter while engaged in the performance of their duties, at a compensation
and allowance to be fixed by them, not in excess of that allowed to each of them
under this act.
Removal of Indians to White Earth Reservation.
SEC. 3. That as soon as the census has been taken, and the cession and
relinquishment has been obtained, approved, and ratified, as specified in
section one of this act, all of said Chippewa Indians in the State of
Minnesota, except those on the Red Lake Reservation, shall, under the
direction of said commissioners, be removed to and take up their residence
on the White Earth Reservation,
Allotment of lands on Red Lake Reservation.
and thereupon there shall, as soon as practicable, under the direction of
said commissioners, be allotted lands in severalty to the Red Lake Indians
on Red Lake Reservation, and to all the other of said Indians on White
Earth Reservation, in conformity with the
act of February eighth, eighteen hundred and eighty-seven, entitled "An act
for the allotment of lands in severalty to Indians on the various reservations,
and to extend the protection of the laws of the United States and the
Territories over the Indians, and for other purposes "; and all allotments
heretofore made to any of said Indians on the White Earth Reservation
Prior allotments confirmed
are hereby ratified and confirmed with the like tenure and condition
prescribed for all allotments under this act:
Provided, however, That the amount heretofore allotted to any
Indian on White Earth Reservation
shall be deducted from the amount of allotment to which
he or she is entitled under this act:
Provided further, That any of the Indians residing on any of
said reservations may,
Allotments on other reservations.
in his discretion, take his allotment in severalty under
this act on the reservation where he lives at the time of the
removal herein provided for is effected, instead of being
removed to and taking such allotment on White Earth Reservation.
Survey of ceded lands.
SEC. 4. That as soon as the cession and relinquishment of said Indian title
has been obtained and approved as aforesaid, it shall be the duty of the
Commissioners of the General Land Office to cause the lands so ceded to
the United States to be surveyed in the manner provided by law for the survey
of public lands, and as soon as practicable after such survey has been made,
and the report, field-notes, and plats thereof filed in the General Land Office,
and duly approved by the Commissioner thereof, the said Secretary of the
Interior, upon notice of the completion or such surveys shall appoint a
sufficient number of competent and experienced examiners, in order that the
work may be done within a reasonable time,
Subdivision into forty-acre lots.
who shall go upon said lands thus surveyed and personally make
a careful, complete, and thorough examination of the same by forty-acre
lots, for the purpose of ascertaining on which lots or tracts there is standing
or growing pine timber,
which tracts on which pine timber is standing or growing for the purposes of this act shall be termed " pine lands," the minutes of such examination to be at the time entered in books provided for that purpose, showing with particularity the amount and quality of all pine timber standing or growing on any lot or tract, the amount such pine timber to be estimated by feet in the manner usual in estimating such timber, which estimates and reports of all such examinations shall be filed with the Commissioner of the General Land Office as a part of the permanent records thereof, and thereupon that officer shall cause to be made a list of all such pine lands, describing each forty-acre lot or tract thereof separately,
and opposite each such description he shall place the actual cash value of the same, according to his best judgment and information, but such valuation shall not be at a rate of less than three dollars per thousand feet, board measure of the pine timber thereon, and thereupon such lists of lands so appraised shall be transmitted to the
Secretary of the Interior for approval, modification, or rejection, as he
may deem proper.
If the appraisals are rejected as a whole then the Secretary of the Interior
shall substitute a new appraisal and the same or original list as approved
or modified shall be filed with the Commissioner of the General Land Office
as the appraisal of said lands, and as constituting the minimum price for which
said lands may be sold, as hereinafter provided, but in no event shall said pine
lands be appraised at a rate of less than three dollars per thousand feet board
measure of the pine timber thereon.
Lists to be filed.
Duplicate lists of said lands as appraised, together with copies of the field-
notes, surveys, and minutes of examinations shall be filed and kept in the office
of the register of the land office of the district within which said lands may be
situated, and copies of said lists with the appraisals shall be furnished to any
person desiring the same upon application to the Commissioner of the General
Land Office or to the register of said local land office.
Pay of examiners.
The compensation of the examiners so provided for in this section
shall be fixed by the Secretary of the Interior, but in no event shall
exceed the sum of six dollars per day for each person so employed,
including all expenses.
All other lands acquired from the said Indians on said reservations
other than pinelands are for the purposes of this act termed " agricultural
Sale of pine lands.
SEC. 5. That after the survey, examination, and appraisals of said pine lands
has been fully completed they shall be proclaimed as in market and
offered for sale in the following manner:
The Commissioner of the General Land Office shall cause notices to be inserted
once in each week for four successive weeks in one newspaper of general
circulation published in Minneapolis, Saint Paul, Duluth, and Crookston, Minnesota;
Chicago, Illinois; Milwaukee, Wisconsin; Detroit, Michigan; Philadelphia
and Williamsport, Pennsylvania; and Boston, Massachusetts,
of the sale of
said lands at public auction to the highest bidder for cash at the local land
office of the district within which said lands are located, said notice to
state the time and place and terms of such sale. At such sale said lands
shall be offered in forty-acre parcels, except in case of fractions
containing either more or less than forty acres, which shall be sold entire.
In no event shall any parce1 be sold for a less sum than its appraised value.
The residue of such lands remaining unsold after such public offering shall
thereafter be subject to private sale for cash at the appraised value of the
same upon application at the local land office.
Sale of agricultural lands.
SEC. 6. That when any of the agricultural lands on said reservation not
allotted under this act nor reserved for the future use of said Indians have
been surveyed, the Secretary of the Interior shall give thirty days' notice
through at least one newspaper published at Saint Paul and Crookston. in
the State of Minnesota, and,
To be sold under homestead law.
at the expiration of thirty days, the said agricultural lands so surveyed, shall
be disposed of by the United States to actual settlers only under the provisions
of the homestead law:
Provided, That each settler under and in accordance with the provisions
of said homestead laws
shall pay to the United States for the land so taken by
him the sum of one dollar and twenty-five cents for each and every acre, in five
equal annual payments, and shall be entitled to a patent therefor only at the expiration
of five years from the date of entry, according to said homestead laws, and
after the full payment of said one dollar and twenty-five cents per acre therefor,
and due proof of occupancy for said period of five years; and any conveyance
of said lands so taken as a homestead, or any contract touching the same,
prior to the date of final entry, shall be null and void:
Prior entries not disturbed.
Provided, That nothing in this act shall be held to authorize the sale or other
disposal under its provision of any tract upon which there is a subsisting, valid,
pre-emption or homestead entry, but any such entry shall be proceeded with under
the regulations and decisions in force at the date of its allowance, and if found
regular and valid, patents shall issue thereon:
Provided, That any person who has not heretofore had the benefit of
the homestead or pre-emption law, and who has failed from any cause to perfect
the title to a tract of land heretofore entered by him under either
of said laws may make a second homestead entry under the provisions
of this act.
Funds to be deposited to credit of Chippewas.
SEC. 7. That all money accruing from the disposal of said lands in .
conformity with the provisions of this act shall, after deducting all
the expenses of making the census, of obtaining the cession and
relinquishment, of making the removal and allotments, and of completing
the surveys and appraisals, in this act provided, be placed in
the Treasury of the United States to the credit of all the Chippewa
Indians in the State of Minnesota as a permanent fund, which shall
draw interest at the rate of five per centum per annum, payable
annually for the period of fifty years, after the allotments provided for
in this act have been made, and which interest and permanent fund
shall be expended for the benefit of said Indians in manner following:
Distribution of interest.
One-half of said interest shall, during the said period of fifty
years. except in the cases hereinafter otherwise provided, be annually
paid in cash in equal shares to the heads of families and guardians
of orphan minors for their use; and one-fourth of said interest shall,
during the same period and with the like exception, be annually
paid in cash in equal shares per capita to all other classes of said
Indians; and the remaining one-fourth of said interest shall, during
the said period of fifty years, under the direction of the Secretary of
the Interior, be devoted exclusively to the establishment and
maintenance of a system of free schools among said Indians, in their
midst and for their benefit; and at the expiration of the said fifty years
the said permanent fund shall be divided and paid to all said Chippewa
Indians and their issue then living, in cash, in equal shares:
Provided, That Congress may, in its discretion, from time to time, during the
said period of fifty years,
Advances, from principal.
appropriate, for the purpose promoting civilization and self-support among
the said Indians, a portion of said principal sum, not exceeding five per centum
The United States shall, for the benefit of said Indians, advance to them as such
interest as aforesaid the sum of ninety thousand dollars annually,
counting from the time when the removal and allotments provided
for in this act shall have been made, until such time as said permanent
fund, exclusive of the deductions hereinbefore provided for, shall equal
or exceed the sum of three million dollars, less any actual interest that
may in the meantime accrue from accumulations of said permanent fund;
the payments of such interest to be made yearly in advance, and, in the discretion
of the Secretary of the Interior, may, as to three-fourths thereof,
during the first five years be expended in procuring live-stock, teams,
farming implements, and seed for such of the Indians to the extent
of their shares as are fit and desire to engage in farming, but as to
the rest, in cash:
and whenever said permanent fund shall exceed the sum of three million
dollars the United States shall be fully reimbursed out of such excess, for
all the advances of interest made as herein contemplated and other expenses
SEC. 8. That the sum of one hundred and fifty thousand dollars is
hereby appropriated, or so much thereof as may be necessary, out of
any money in the Treasury not otherwise appropriated, to pay for
procuring the cession and relinquishment, making the. census, surveys.
appraisals, removal, and allotments, and the first annual payment
of interest herein contemplated and provided for, which money shall be
expended under the direction of the Secretary of the Interior in
conformity with the provisions of this act.
Statement to be made.
A detailed statement of which expenses, except the interest aforesaid,
shall be reported to Congress when the expenditures shall be completed.
Approved, January 14, 1889.
To return to the main narrative, click on the Back button.