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Orville Hickman Browning to the Commissioner of the General Land Office

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Department of the Interior

Washington, D.C. Aug. 16, 1867.




Referring to your communication of the 29th July last, relative to the Osage Catholic Mission lands in Kansas, for which provision is made in the Treaty concluded with the Osage Indians Sept. 29th, 1865, you are instructed to allow any loyal person, being the head of a family and a citizen of the United States, or a member of any tribe at peace with the United States and who had, prior to the 29th of Sept. 1865, made settlement and improvement, as provided by the preemption laws of the U.S., and who was on that day residing upon the land so improved, to enter under the 4th article of the treaty, a quarter section of land to include his improvements.


If any of the land selected by Mr. Schoenmaker, under the 3d article of the Treaty, had been so settled upon and improved and was so occupied at the date above mentioned.  Mr. Schoenmaker will not be entitled to a patent for such land.


If there had been no such settlement and improvement and was no such occupancy at the date mentioned, then you will cause


[Page 2]


a patent to be issued to Mr. Schoenmaker for the selections.


Should there be any reasonable ground to believe any of the lands selected were so settled upon, improved, and occupied, then you will instruct the Register and Receiver of the proper Land Office to give notice, take proof of the facts and report, and in the meantime, the issuing of the patent for the land in controversy will be suspended.


I am, Sir, very respectfully,

Your Ob’t Serv’t.


O.H. Browning,



The Commissioner of the General Land Office.


[Page 3]


[Secy of Interior Aug 16th 1867


Regarding steps to be taken to secure Patent for Catholic Mission]

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