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3

In order to properly solve this question, it will be necessary to carefully consider the various provisions of said severalty act of 1887, with a view to [[understanding?]] whether or not it was the intention of Congress that passing said last named  act, that Indian titles already vested in severalty, either under treaty stipulation or former acts of Congress, should become merged in the titles provided for in said act of 1887. If such was not the intention of Congress, then I do not believe there is any power in this Department, either by a cancellation of existing patents and the issuing of new ones in their stead, or otherwise, to substitute a twenty-five years limitation for a perpetual one upon the power of sale, as provided by law and incorporated in said original patents.

But if on the contrary, it can legitimately be gathered from said act of 1887 that Congress intended that all rights in severalty already vested in individual Indians, in [[?]] of pre-existing statutory or treaty situations, should be merged in the title provided for in said act of 1887, in that 
event it would seem clearly to follow that the making of the new allotments and the issuing of the patents, covering said previously patented lands, as [[contemplated?]] by said new law,