validity as against the said Indians, unless executed and signed by at least a majority of all the adult male Indians occupying or interested in the same; and no cession by the tribe shall be understood or construed in such manner as to deprive, without his consent, any individual member of the tribe of his right to any tract of land selected by him, as provided in Article VI of this treaty. ART. XII. It is agreed that the sum of five hundred dollars annually, for three years from the date when they commence to cultivate a farm, shall be expended in presents to the ten persons of said tribe, who, in the judgment of the agent, may grow the most valuable crops for the respective year. ART. XIII. It is further agreed that until such time as the agency buildings are established on the Shoshonee reservation, their agent shall reside at Fort Bridger, U. T., and their annuities shall be delivered to them at the same place, in June of each year. N. G. TAYLOR, Lt. Gen'l. [SEAL.T [SEAL.] Lt. Col. 36th Infantry and Bvt. Col. U. S. A., Comdg. Ft. Bridger. LUTHER MANPA, U. S. Indian Agent. W. A. CARTER. J. VAN ALLEN CARTER, Interpreter. AND WHEREAS, the said treaty having been submitted to the senate of the United States for its constitutional action thereon, the senate did on the sixteenth day of February, one thousand eight hundred and sixty nine, advise and consent to the ratification of the same, by a resolution in the words and figures following, to wit: IN EXECUTIVE SESSION, SENATE OF THE UNITED STATES, February 16, 1869. Resolved, (two-thirds of the senators present concurring,) That the senate advise and consent to the ratification of the treaty between the United States and the Shoshonee (eastern band) and Bannack tribes of Indians, made and concluded at Fort Bridger, Utah Territory, on the third July, 1868. Attest: GEO. C. GORHAM, Secretary. Now, therefore, be it known that I, ANDREW JOHNSON, President of the United States of America, do, in pursuance of the advice and consent of the senate, as expressed in its resolution of the sixteenth of February, one thous and eight hundred and sixty-nine, accept, ratify, and confirm the said treaty. In testimony whereof I have hereto signed my name, and caused the seal of the United States to be affixed. Done at the city of Washington, this twenty-fourth day of February, in the year of our Lord one thousand eight hundred and sixty-nine, and of the independence of the United States of America, the ninety-third. ANDREW JOHNSON. [SEAL.] PUBLIC LANDS. CIRCULAR FROM THE GENERAL LAND OFFICE, SHOWING THE MANNER OF PRO- DEPARTMENT OF THE INTERIOR, GENERAL LAND OFFICE, S The following is communicated in reference to the manner of acquiring title to the public lands under different laws of congress: There are two classes of public lands, the one class at $1.25 per acre, which is designated as minimum, and the other at $2.50, or double minimum. Title may be acquired by purchase at public sale, or by ordinary "private entry," and in virtue of the pre-emption and homestead laws : : 1. At public sale, where lands are "offered" at public auction to the highest bidder, either pursuant to proclamation by the President or public notice given, in accordance with directions from the general land office. BY "PRIVATE ENTRY" OR LOCATION. 2. The lands of this class liable to disposal are those which have been offered at public sale and thereafter remain unsold, and which have not been subsequently reserved or otherwise withdrawn from market. In this class of offered and unreserved public lands the following steps may be taken to acquire title: CASH PURCHASES. 3. The applicant will present a written application to the register for the district in which the land desired is situated, describing the tract he wishes to purchase, giving its area. Thereupon the register, if the tract is vacant, will so certify to the receiver, stating the price, and the applicant must then pay the amount of the purchase money. The receiver will then issue to the purchaser a duplicate receipt,and, at the close of the month, the register and receiver will make returns of the sale to the general land office, from whence, when the proceedings are found regular, a patent or complete title will be issued; and on surrender of the duplicate receipt, such patent will be delivered, at the option of the patentee, either by the commissioner at Washington, or by the register at the district land office. LOCATIONS WITH WARRANTS. 4. Application must be made as in cash cases, but must be accompanied by a warant duly signed as the consideration for the land; yet where the tract is $2.50 per acre, the party, in addition to the surrendered warrant, must pay in cash $1.25 per acre, as the warrant is in satisfaction of only so many acres at $1.25 per acre as are contained in the tract located. A duplicate certificate of location will then be furnished the party, to be held until the patent is delivered, as in cases of cash sales. The following fees are chargeable by the land officers, and the several amounts must be paid at the time of location: 44 For a 40-acre warrant, 50 cents each to the register and receiver. Total, $1.00. 46 66 46 1.50. 44 44 44 44 2.00 46 3.00. 5. This scrip may be used; First, In the location of lands at "private entry," but when so used is only applicable to lands not mineral which may be subject to private entry at $1.25 per acre, yet is restricted to a technical "quarter section,"—that is, land embraced by the quarter-section lines indicated on the official plats of survey; or it may be located on a part of a "quarter section," where such part is taken as in full for a quarter; but it cannot be applied to different subdivisions to make an area equivalent to a quarter section. The manner of proceeding to acquire title with this class of paper is the same as in cash and warrant cases, the fees to be paid being the same as on warrants. The location of this scrip at private entry is restricted to three sections in each township of land; Second, In payment of pre-emption claims in the same manner and under the same rules and regulations as govern the application to pre-emptions of military land warrants; this, too, without regard to the limitation as to the quantity located in a township or in any one State; Third, In payment for homesteads commuted under the 8th section of the act of May 20, 1862. PRE-EMPTION ADMISSIBLE TO THE EXTENT OF ONE QUARTER SECTION, OR ONE HUNDRED AND SIXTY ACRES. 6. These may be under the general pre-emption laws of the 4th Septem- · ber, 1841, U. S. Statutes, vol. 5, page 455, and 3d March, 1843, vol. 5, page 619, as extended by act of June 2, 1862, vol. 12, page 413, upon "offered” and "unoffered" lands and upon any of the unsurveyed lands belonging to the United States to which the Indian title is extinguished, although in the case of unsurveyed lands no definite proceedings can be had as to the completion of the title until after the surveys shall have been extended and are officially returned to the district land office. 7. The act of 3d March, 1853, U. S. Statutes, vol. 10, page 244, extends the right of pre-emption for one quarter section, or 160 acres, at $2.50 per acre to every "alternate" United States or reserved section along the line of railroads. 8. The act of 27th March, 1854, vol. 10, page 269, chapter xxv, protects the right of settlers on sections along the line of railroads where settlement existed prior to withdrawal, and in such cases allows the tract to be taken by pre-emptors at $1.25 per acre. Copies of these laws, marked A, B, C, and D, will be found herewith. 9. Where the tract is offered" land, the party must file with the district land office his declaratory statement as to the fact of his settlement within thirty days from the date of said settlement, and, within one year from that date, must appear before the register and receiver and make proof of his actual residence on, and cultivation of, the tract, and secure the same by paying cash, or by filing warrant or agricultural-college scrip duly assigned to the pre-emptor. 10. Where the tract has been surveyed and not offered at public sale, the claimant must file his declaratory statement within three months from date of settlement, and make proof and payment within thirty months after the expiration of the three months allowed for filing his declaratory notice; or, in other words, within thirty-three months from date of settle ment. 11. Where settlements are made on unsurveyed lands, settlers are required, within three months after the date of the receipt at the district land office of the approved plat of the township embracing their claims, to file their declaratory statement with the register of the proper land office, and thereafter to make proof and payment for the tract within thirty months from the expiration of said three months. Where settlers claim pre-emption rights under the aforesaid special act of March 27, 1854, United States statutes, vol. 10, page 269, they are now required, by act of July 14, 1870, to file declaratory statements, and make proof and payment in like manner as other pre-emptors. 12. Should the settler in either of the aforesaid cases die before establishing his claim within the period limited by law, the title may be perfected by the executor, administrator, or one of the heirs, by making the requisite proof of settlement and paying for the land; the entry to be made in the name of "the heirs" of the deceased settler; and the patent will be issued accordingly. The act of March 3, 1843, prohibits the second filing of a declaratory statement upon offered lands by any pre-emptor qualified at the date of his first filing where said filing has been in all respects legal. Where the first filing, however, is illegal from any cause, he has the right to make a second and local filing. Upon unoffered lands this restriction does not apply. 13. The original homestead act of May 20, 1862, gives to every citizen, and to those who have declared their intentions to become such, the right to a homestead on surveyed lands. This is conceded to the extent of one quarter section, or 160 acres at $1.25 per acre, or 80 acres of double minimum, in any organized district embracing surveyed public lands. 14. To obtain homesteads, the party must, in connection with his application, make an affidavit before the register or receiver that he is over the age of twenty-one, or the head of a family; that he is a citizen of the United States, or has declared his intention to become such; and that the entry is made for his exclusive use and benefit, and for actual settlement and cultivation. 15. Where the applicant has made actual settlement on the land he desires to enter, but is prevented by reason of bodily infirmity, distance, or other good cause, from personal attendance at the district land office, the affidavit may be made before the clerk of the court for the county within which the land is situated. 16. The amendatory act of 21st March, 1864, U. S. Statutes, vol. 13, page 35, relaxes the requirements of personal attendance at the district office to persons in the military or naval service where the party's family, or some member, is residing on the land that it is desired to enter, and upon which a bonafide improvement and cultivation have been made. In such cases the said act of 1864 allows the beneficiary to make the affidavit before the officer commanding in the branch of service in which he may be engaged, and the same may be filed, by the wife or other representative of the absentee, with the register, together with the homestead application. His claim in that case will become effective from the date of filing, provided the required fee and commissions accompany the same; but immediately upon his discharge he must enter upon the land and make it his bonafude home, as required by the original act of 20th May, 1862. The 25th sec |