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March 3, 1865 Act (13 Stat 559), EOs by US Grant.pdf

The Act of March 3, 1865, is actually an appropriations law providing sums of money for various Indian services throughout the U.S. Each section appears to provide funds for services in a particular region. The CRIT provision appears in the section dealing with “Indian Service in the Territory of Arizona.” (See Attachment). In this section, every sentence contains a limitation on funds and lands for Indians in Arizona, not California. This puts the intent of Congress in context, though the plain language of the sentence establishing the CRIT reservation leaves no room for doubt. Included are all three of U.S. Grants EO’s. All declare that the EO’s are issued pursuant to the Act of 1865. The first EO issued in 1873 correctly provides for a reservation within only Arizona. The second and third, however, drop the Arizona limitation while including a boundary description encompassing lands in California. I doubt the omission of the Arizona limitation in the last two EO’s was an oversight. It seems President Grant was knowingly exceeding the limits placed on him in the Act of 1865.

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