This seems
to be an entirely clear proposition.
The unassigned lands must be those which are unsold, because not
only is that the fair significance of the term, as used technically in
conveyancing, but because the limiting condition in the Creek treaty was
that the lands should be sold to, as well as used as homes for, other
Indians.
The total quantity of lands in the western half of the Acres.
Creek Nation, and which were ceded in 1866, is 3,402,428.88
The assigned lands as above
defined are in three bodies: Acres.
1. The Seminole country,
by the treaty of 1866 200,000.00
2. The Sac and Fox Reservation, sold and
conveyed by article 6 of the treaty of
February 18, 1867 (15 U.S. Statutes at
large, p. 495), amounting to 479,668.05
3. The Pawnee Reservation, granted by
section 4 of the act of Congress of
April 10, 1876 (19 U.S. Statutes at
large, p. 29), for which the Government
received the price allowed the Creeks,
30 cents per acre 53,005.94
Making a total of assigned or sold lands of 732,673.99
And leaving as the total unassigned lands 2,669,754.89
Of this total quantity of unassigned land which is subject to the
negotiations provided for under the law of 1885 there should be a
further division made in considering the sum which ought fairly to be
paid in discharge of the Creek claim thereto.
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