Chapter 26

That any State or Territory entitled to indemnity school lands or entitled to select lands for educational purposes under existing law may select such lands within the boundaries of any Indian reservation in such State or Territory from the surplus lands thereof purchased by the United States, after allotments have been made to the Indians of such reservation and prior to the opening of such reservation to settlement.

And whereas all the terms, conditions, and considerations required by said agreement made with said tribes of Indians and by the laws relating thereto precedent to opening said lands to settlement have been, as I hereby declare, complied with:

Now, therefore, I, Grover Cleveland, President of the United States, by virtue of the power in me vested by the statutes hereinbefore mentioned and by other the laws of the United States and by the said agreement, do hereby declare and make known that all of said lands hereinbefore described, acquired from the Kickapoo Indians by the agreement aforesaid, will, at and after the hour of 12 o'clock noon (central standard time), Thursday, the 23d day of the month of May, A.D. 1895, and not before, be open to settlement under the terms of and subject to all the conditions, limitations, reservations, and restrictions contained in the said agreement, the statutes above specified, and the laws of the United States applicable thereto, saving and excepting such tracts as have been allotted, reserved, or selected under the laws herein referred to and such tracts as may be properly selected by the Territory of Oklahoma under and in accordance with the provisions of the act of March 2, 1895, hereinbefore quoted, prior to the time herein fixed for the opening of said lands to settlement.

The lands to be so opened to settlement are for greater convenience particularly described in the accompanying schedule, entitled "Schedule of lands within the Kickapoo Reservation, Oklahoma Territory, to be opened to settlement by proclamation of the President;" but notice is hereby given that should any of the lands described in the accompanying schedule be properly selected by the Territory of Oklahoma under and in accordance with the provisions of said act of Congress approved March 2, 1895, prior to the time herein fixed for the opening of said lands to settlement such tracts will not be subject to settlement or entry.

Notice, moreover, is hereby given that it is by law enacted that until said lands are opened to settlement by proclamation no person shall be permitted to enter upon or occupy the same, and any person violating this provision shall never be permitted to make entry of any of said lands or acquire any title thereto. The officers of the United States will be required to enforce this provision.

And further notice is hereby given that all of said lands lying north of the township line between townships 13 and 14 north are now attached to the Eastern land district, the office of which is at Guthrie, Oklahoma Territory, and all of said lands lying south of the township line between townships 13 and 14 north are now attached to the Oklahoma land district, the office of which is at Oklahoma, Oklahoma Territory.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 18th day of May, A.D. 1895, and of the Independence of the United States the one hundred and nineteenth.

GROVER CLEVELAND.

By the President: EDWIN F. UHL, _Acting Secretary of State_.

A PROCLAMATION

BY THE PRESIDENT OF THE UNITED STATES.

Walter Q. Gresham, Secretary of State of the United States, is dead.

The President in making this distressing announcement to his fellow-countrymen speaks from the depths of a personal affliction to remind them that they too have lost a pure and able public servant, a wise and patriotic guardian of all their rights and interests, a manly and loyal American, and a generous and lovable man.

As a suitable expression of national bereavement, I direct that the diplomatic representatives of the United States in all foreign countries display the flags over their embassies and legations at half-mast for ten days; that for a like period the flag of the United States be displayed at half-mast at all forts and military posts and at all naval stations and on all vessels of the United States.

I further order that on the day of the funeral the Executive Departments in the city of Washington be closed and that on all public buildings throughout the United States the national flag be displayed at half-mast.

[SEAL.]

Done at the city of Washington, this 28th day of May, A.D. 1895, and of the Independence of the United States of America the one hundred and nineteenth.

GROVER CLEVELAND.

By the President: EDWIN F. UHL, _Acting Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.

Whereas the island of Cuba is now the seat of serious civil disturbances, accompanied by armed resistance to the authority of the established Government of Spain, a power with which the United States are and desire to remain on terms of peace and amity; and

Whereas the laws of the United States prohibit their citizens, as well as all others being within and subject to their jurisdiction, from taking part in such disturbances adversely to such established Government, by accepting or exercising commissions for warlike service against it, by enlistment or procuring others to enlist for such service, by fitting out or arming or procuring to be fitted out and armed ships of war for such service, by augmenting the force of any ship of war engaged in such service and arriving in a port of the United States, and by setting on foot or providing or preparing the means for military enterprises to be carried on from the United States against the territory of such Government:

Now, therefore, in recognition of the laws aforesaid and in discharge of the obligations of the United States toward a friendly power, and as a measure of precaution, and to the end that citizens of the United States and all others within their jurisdiction may be deterred from subjecting themselves to legal forfeitures and penalties, I, Grover Cleveland, President of the United States of America, do hereby admonish all such citizens and other persons to abstain from every violation of the laws hereinbefore referred to, and do hereby warn them that all violations of such laws will be rigorously prosecuted; and I do hereby enjoin upon all officers of the United States charged with the execution of said laws the utmost diligence in preventing violations thereof and in bringing to trial and punishment any offenders against the same.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 12th day of June, A.D. 1895, and of the Independence of the United States of America the one hundred and nineteenth.

GROVER CLEVELAND.

By the President: RICHARD OLNEY, _Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas it is provided by section 13 of the act of Congress of March 3, 1891, entitled "An act to amend Title LX, chapter 3, of the Revised Statutes of the United States, relating to copyrights," that said act "shall only apply to a citizen or subject of a foreign state or nation when such foreign state or nation permits to citizens of the United States of America the benefit of copyright on substantially the same basis as its own citizens, or when such foreign state or nation is a party to an international agreement which provides for reciprocity in the granting of copyright, by the terms of which agreement the United States of America may at its pleasure become a party to such agreement;" and

Whereas it is also provided by said section that "the existence of either of the conditions aforesaid shall be determined by the President of the United States by proclamation made from time to time as the purposes of this act may require;" and

Whereas satisfactory official assurances have been given that in Spain and her provinces and colonial possessions the law permits to citizens of the United States the benefit of copyright on substantially the same basis as to the subjects of Spain:

Now, therefore, I, Grover Cleveland, President of the United States of America, do declare and proclaim that the first of the conditions specified in section 13 of the act of March 3, 1891, now exists and is fulfilled in respect to the subjects of Spain.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 10th day of July, 1895, and of the Independence of the United States the one hundred and twentieth.

GROVER CLEVELAND.

By the President: ALVEY A. ADEE, _Acting Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES.

A PROCLAMATION.

The constant goodness and forbearance of Almighty God which have been vouchsafed to the American people during the year which is just past call for their sincere acknowledgment and devout gratitude.

To the end, therefore, that we may with thankful hearts unite in extolling the loving care of our Heavenly Father, I, Grover Cleveland, President of the United States, do hereby appoint and set apart Thursday, the 28th day of the present month of November, as a day of thanksgiving and prayer to be kept and observed by all our people.

On that day let us forego our usual occupations and in our accustomed places of worship join in rendering thanks to the Giver of Every Good and Perfect Gift for the bounteous returns that have rewarded our labors in the fields and in the busy marts of trade, for the peace and order that have prevailed throughout the land, for our protection from pestilence and dire calamity, and for the other blessings that have been showered upon us from an open hand.

And with our thanksgiving let us humbly beseech the Lord to so incline the hearts of our people unto Him that He will not leave us nor forsake us as a nation, but will continue to us His mercy and protecting care, guiding us in the path of national prosperity and happiness, enduing us with rectitude and virtue, and keeping alive within us a patriotic love for the free institutions which have been given to us as our national heritage.

And let us also on the day of our thanksgiving especially remember the poor and needy, and by deeds of charity let us show the sincerity of our gratitude.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 4th day of November, A.D. 1895, and in the one hundred and twentieth year of the Independence of the United States.

GROVER CLEVELAND.

By the President: RICHARD OLNEY, _Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas section 17 of the act of August 28, 1894, entitled "An act to reduce taxation, to provide revenue for the Government, and for other purposes," prohibits "the importation of neat cattle and the hides of neat cattle from any foreign country into the United States;" and

Whereas it is provided by the act of Congress approved March 2, 1895, entitled "An act making appropriations for the Department of Agriculture for the fiscal year ending June 30, 1896"--

That whenever the Secretary of Agriculture shall certify to the President of the United States what countries or parts of countries are free from contagious or infectious diseases of domestic animals, and that neat cattle and hides can be imported from such countries without danger to the domestic animals of the United States, the President of the United States may suspend the prohibition of the importation of neat cattle and hides in the manner provided by law.

And whereas the Secretary of Agriculture has now certified to me that the countries of Norway, Sweden, Holland, Great Britain, Ireland, the Channel Islands, and the countries of North, Central, and South America, including Mexico, are so far free from contagious or infectious diseases of domestic animals that neat cattle may be imported from those countries into the United States, under the sanitary regulations prescribed by the Secretary of Agriculture, without danger to the domestic animals of the United States, and that so far as the countries above named, as well as all other countries from which hides are imported into the United States, are concerned, they are so far free from contagious or infectious diseases of domestic animals that hides of neat cattle can be imported from all parts of the world, under proper regulations prescribed by the Secretary of the Treasury, without danger to the domestic animals of the United States: Now, therefore, I, Grover Cleveland, President of the United States, do hereby suspend the prohibition of the importation of neat cattle from the countries of Norway, Sweden, Holland, Great Britain, Ireland, the Channel Islands, and the countries of North, Central, and South America, including Mexico, and of the hides of neat cattle from all parts of the world; but all importations of neat cattle shall be made under the sanitary regulations prescribed by the Secretary of Agriculture and all importations of hides shall be made under proper regulations prescribed by the Secretary of the Treasury.

In testimony whereof I have hereunto set my hand and caused the seal of the United States to be affixed.

[SEAL.]

Done at the city of Washington, this 8th day of November, 1895, and of the Independence of the United States of America the one hundred and twentieth.

GROVER CLEVELAND.

By the President: RICHARD OLNEY, _Secretary of State_.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas, pursuant to section 5 of the act of Congress approved February 8, 1887 (24 U.S. Statutes at Large, p. 388), entitled "An act to provide for the allotment of lands in severalty to the 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," certain articles of cession and agreement were made and concluded at the Nez Percé Agency, Idaho, on the 1st day of May, 1893, by and between the United States of America and the Nez Percé Indians, whereby said Indians, for the consideration therein mentioned, ceded and conveyed to the United States all their claim, right, title, and interest to all the unallotted lands set apart as a home for their use and occupation by the second article of the treaty between said Indians and the United States concluded June 9, 1863 (14 U.S. Statutes at Large, p. 647), and included in the following boundaries, to wit:

Commencing at the northeast corner of Lake Wa-ha and running thence northerly to a point on the north bank of the Clearwater River 3 miles below the mouth of the Lapwai; thence down the north bank of the Clearwater to the mouth of the Hatwai Creek; thence due north to a point 7 miles distant; thence eastwardly to a point on the North Fork of the Clearwater 7 miles distant from its mouth; thence to a point on Oro Fino Creek 5 miles above its mouth; thence to a point on the North Fork of the South Fork of the Clearwater 1 mile above the bridge on the road leading to Elk City (so as to include all the Indian farms now within the forks); thence in a straight line westwardly to the place of beginning.

Saving and excepting the sixteenth and thirty-sixth sections of each Congressional township, which shall be reserved for common-school purposes and be subject to the laws of Idaho, and excepting the tracts described in articles 1 and 2 of the agreement, viz:

The said Nez Percé Indians hereby cede, sell, relinquish, and convey to the United States all their claim, right, title, and interest in and to all the unallotted lands within the limits of said reservation, saving and excepting the following-described tracts of lands, which are hereby retained by the said Indians, viz:

In township 34, range 4 west: Northeast quarter, north half and southeast of northwest quarter, northeast quarter of southwest quarter, north half and east half of southwest quarter, and the southeast quarter of southeast quarter, section 13; 440 acres.

In township 34, range 3 west: Sections 10, 15, 36; 1,920 acres.

In township 33, range 3 west: Section 1; northwest quarter of northeast quarter, north half of northwest quarter, section 12; 760 acres.

In township 35, range 2 west: South half of northeast quarter, northwest quarter, north half and southeast quarter of southwest quarter, southeast quarter, section 3; east half, east half of northwest quarter, southwest quarter, section 10; section 11; north half, north half of south half, section 21; east half of northeast quarter, section 20; sections 22, 27, 35; 4,200 acres.

In township 34, range 2 west: North half, southwest quarter, north half and southwest quarter and west half of southeast quarter of southeast quarter, section 13; section 14; north half, section 23; west half of east half and west half of northeast quarter, northwest quarter, north half of southwest quarter, west half of east half and northwest quarter and east half of southwest quarter of southeast quarter, section 24; section 29; 2,700 acres.

In township 33, range 2 west: West half and southeast quarter, section 6; sections 16, 22, 27; north half and north half of south half, section 34; 2,880 acres.

In township 34, range 1 west: West half, section 2; sections 3, 4: north half and southwest quarter, section 8; north half, section 9; north half and north half of southwest quarter, section 18; northwest quarter, section 17; 2,960 acres.

In township 37, range 1 east: Section 20; section 21, less south half of south half of southwest quarter of southeast quarter (10 acres); 1,270 acres.

In township 36, range 1 east: South half of sections 3, 4; sections 1, 12; 1,920 acres.

In township 36, range 2 east: Sections 16, 17, 18, 20; all of section 25 west of boundary line of reservation; sections 26, 27; 4,240 acres.

In township 35, range 2 east: North half of sections 16, 17; section 27; north half of section 34; 1,600 acres.

In township 34, range 2 east: East half and east half of west half of southeast quarter, section 24; 100 acres.

In township 34, range 3 east: South half of sections 19, 20; north half, north half of south half, southwest quarter and north half of southeast quarter of southwest quarter, north half of south half of southeast quarter, section 23; north half, north half and north half of southwest quarter and southeast quarter of southwest quarter, southeast quarter, section 24; north half and southeast quarter of northeast quarter, north half of northwest quarter, section 25; south half of northeast quarter of northeast quarter, section 26; section 29; northeast quarter of northeast quarter and south half, section 30; northwest quarter and north half of southwest quarter, section 31, northeast quarter, north half and southeast quarter of northwest quarter, section 32; northwest quarter, north half of southwest quarter, section 33; 3,700 acres.

In township 33, range 4 east: South half of southeast quarter, section 18; northeast quarter and fraction northeast of river in east half of northwest quarter, section 19; fraction west of boundary line of reservation in section 22; west half and southeast quarter of section 35; 1,440 acres.

In township 32, range 4 east: Fraction in west half of northeast quarter of southwest quarter, fraction in northwest quarter of southeast quarter, section 1; section 2; south half of section 6; west half and southeast quarter of northeast quarter of section 9; 1,410 acres.

In township 31, range 4 east: South half of northeast quarter, southeast quarter of northwest quarter, northeast quarter of southwest quarter, southeast quarter, section 17; northwest quarter, section 21; 480 acres.

Total, 32,020 acres.

ART. II. It is also stipulated and agreed that the place known as "the boom" on the Clearwater River, near the mouth of Lapwai Creek, shall be excepted from this cession and reserved for the common use of the tribe, with full right of access thereto, and that the tract of land adjoining said boom now occupied by James Moses shall be allotted to him in such manner as not to interfere with such right; also that there shall be reserved from said cession the land described as follows: "Commencing at a point at the margin of Clearwater River, on the south side thereof, which is 300 yards below where the middle thread of Lapwai Creek empties into said river; run thence up the margin of said Clearwater River at low-water mark 900 yards to a point; run thence south 250 yards to a point; thence southwesterly in a line to the southeast corner of a stone building partly finished as a church; thence west 300 yards to a point; thence from said point northerly in a straight line to the point of beginning; and also the adjoining tract of land lying southerly of said tract, on the south end thereof, commencing at the said corner of said church, and at the point 300 yards west thereof and run a line from each of said points, one of said lines running on the east side and the other on the west of said Lapwai Creek, along the foothills of each side of said creek, up the same sufficiently far so that a line being drawn east and west to intersect the aforesaid lines shall embrace within its boundaries, together with the first above-described tract of land, a sufficient quantity of land as to include and comprise 640 acres."

And excepting the land embraced in the William Craig donation claim, in township 35 north, range 3 west. (See case of Caldwell _vs._ Robinson, Federal Reporter, vol. 59, p. 653); and

Whereas it is further stipulated and agreed by article 6 of the agreement that any religious society or other organization now occupying under proper authority, for religious or educational work among the Indians, any of the lands ceded shall have the right for two years from the date of the ratification of this agreement within which to purchase the land so occupied, at the rate of $3 per acre, the same to be conveyed to such society or organization by patent in the usual form; and

Whereas it is further agreed by article 9 of the agreement that the lands by this agreement ceded, those retained, and those allotted to the said Nez Percé Indians shall be subject for a period of twenty-five years to all the laws of the United States prohibiting the introduction of intoxicants into the Indian country, and that the Nez Percé Indian allottees, whether under the care of an Indian agent or not, shall for a like period be subject to all the laws of the United States prohibiting the sale or other disposition of intoxicants to Indians; and

Whereas it is provided in the act of Congress accepting, ratifying, and confirming said agreement, approved August 15, 1894 (28 U.S. Statutes at Large, pp. 286-338), section 16--