General Land Office
16th January 1856
Sir
Your letter of 23d Nov last, to A. J. McCalla Esq of this City,
having been
referred by him to this Office – I herewith transmit – in
compliance
with the request therein contained – copies of Circulars issued
under
the preemption laws – and have to advise you, that by the 12th
section
of the Act of 22d July 1854, Chap. 103 – “all lands to which
the
Indian title has been or shall be extinguished within the Territories of
Nebraska
and Kansas,” are made “subject to the operation of the
preemption
Act of 4th Sept. 1841: - this provision of law, not extending however, to
the
lands ceded by the Delawares (with the exception of the
“Outlet”)
Ioway’s and Weas; in as much as the Indians have a reserved
interest in
the lands thus ceded by them, and, under the Treaty, they are to be sold
by
the United States, on account and for the benefit of said Indians.-
Under the aforesaid Act of 1841, a party claiming its benefits, must be
an inhabitant
of the tract sought to be entered, upon
which, in person, he has made settlement and erected a dwelling house
etc
Respectfully
Your Obt. Srvnt
Thos. A. Hendricks
Commissioner
John H. Halderman Esq
Leavenworth City
Kansas Tr.
http://www.kansasmemory.org/item/90141/text