who are
entitled to land under the decision of the Indian Office shall have it
set apart to them.

The same agent, under date of January 18, 1860, referring to these
Indians, declares:

These Indians have been driven off their land and claims upon the New
York tract by the whites, and they are now very much scattered and many
of them are very destitute.

It was found in 1860 that of all the Indians who had prior to that
date selected and occupied part of these lands but thirty-two remained,
and it seems to have been deemed but justice to them to confirm their
selections by some kind of governmental grant or declaration, though
it does not appear that any of them had been able to maintain actual
possession of all their selected lands against white intrusion. Thus
certain special commissioners appointed to examine this subject, under
date of May 29, 1860, make the following statement:

In this connection it may be proper to remark that many of the tracts
so selected were claimed by lawless men who had compelled the Indians
to abandon them under threats of violence; but we are confident that no
serious injury will be done to anyone, as the improvements are of but
little value.

On the 14th day of September, 1860, certificates were issued to the
thirty-two Indians who had made selections of lands and who still
survived, with a view of securing to them such selections and at the
same time granting to them the number of acres which it was provided
they should have by the treaty of 1838. These certificates were made
by the Commissioner of Indian Affairs, and declared that in conformity
with the provisions of the treaty of 1838 there had been assigned and
allotted to the person named therein 320 acres of the land designated in
said treaty, which land was particularly described in said certificates,
which concluded as follows:

And the selection of said tract for the exclusive use and benefit of
said reserve, having been approved by the Secretary of the Interior, is
not subject to be alienated in fee, leased, or otherwise disposed of
except to the United States.

In a letter dated September 13, 1860, from the Indian Commissioner to
the agent in the neighborhood of these lands reference is made to the
conduct of white intruders upon the same, and the following instructions
were given to said agent:

In view of these representations and the fact that these white persons
who are in p